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HomeMy WebLinkAboutNCS000412_FINAL PERMIT_20070531pe5&eli� Ce d STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. �CS Q O O DOC TYPE INAL PERMIT ❑ ANNUAL REPORT. ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ �O YYYYMMDD North Carolina Department of Environment and Natural Resources Division of Water Quality I- � �.� UNMLIV­ AND NPTr t- r OURCES Michael F. Easley, Governor William G.-Ross, Jr., -Secretary Cp/�ry Alan IN. ;•Climek, P.E., Director c May 30, 2007 Kevin L. Krouse, Planning Director Bessemer City City Hall 132 W. Virginia Ave. Bessemer City, North Carolina 28016 Dear Mr. Krouse: MAY :. 2�07 WATER QUALITY SECT4CN Subject: Permit No. NCS000412 In accordance with your request to modify Permit No. NCS000412, we are forwarding herewith the revised NPDES permit. This permit has been revised to be consistent with language in Session Law 2006-246, Section 9, Post -Construction requirements pursuant to the City's requests dated March 28, 2007. The revisions do not change the effective date of the original issuance. If your staff should have any questions about these revisions, please contact Mike Randall at 919-733-5083 or by e-mail at mike.randall@ncmail.net. cc: Central Piles Stormwater and General Permit Unit Files DWQ Moofesvi. le Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 512 N. Salisbury Si., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX,, 919-733-249611ntemet. h2o.enr. state. nc.us An Equal OppodunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper Sincerely, )29� Alan W. Klimek, P.E. NorthCarolina ;Vaturally lessemer City Stormwater Permit amendment Subject: Bessemer City Stormwater Permit amendment From: "Kevin Krouse" <kevin@bessemercity.com> Date: Wed, 28 Mar 2007 12:40:18 -0400 To: <mike.randall@ncmail.net> Mr. Randall, We would like to make an amendment to our stormwater permit. Section F.3.(iii).(A) should be changed to read as follows: The stormwater control measures must control and treat the difference between the pre -development and past -development conditions for a I inch rain storm . Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; Is this email to you sufficient to make this change or do we need to submit something more formal? Thank you Kevin L. Krouse � I' Planning Director Bessemer City (704) 833-0363 (o) l r^ 0 I (704) 629-2237 (fj ��C' �V ice► www.bessemercity.com P0 of 1 3/29/2007 6:52 AM STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000412 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Bessemer City is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Bessemer City Jurisdictional Area Gaston County to receiving waters, Abernethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI, VII and VIII hereof. This permit shall become effective July 1, 2005, as amended June 1, 2007. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 1, 2007. 25gzz Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A. PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART 1V REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS ` PERMIT NO. NCS000412 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the City of Bessemer City is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Abemethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba River basin. Such discharge will be controlled, limited and monitored in accordance with the permittee Comprehensive Stormwater Program Report, herein referred to as the Stonnwater Plan. The Stormwater Plan includes components of the permittee's Phase II Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terns and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stonmwater discharge or is covered by another permit, authorization, or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. The Division may deny or revolve coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2006-246 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stonnwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act, Part 1 Page l of 2 PERMIT NO. NCS000412 Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stonnwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge pen -nit including discharges of process and non -process wastewater, and stonmwater associated with industrial activity; or (b) Deterrnined to be incidental non-stonmwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 PERMIT NO. NCS0004I2 PART II 'FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Storinwater Plan. The permittee will keep the Division advised 'of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan, 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stonnwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part 11 Page 1 of 11 PERMIT NO. NCS000412 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed pen -nit modifications must be submitted to the Director for approval. Part II Page 2 of 11 PERMIT NO. NCS000412 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. N V 'i. ry5 ` V 4 ti i5.f•_. VIYyM si,s S L1 3 i/ r# - K + Measurable Goals i Y YR YR - �YR . ,YR,. •su ' YR Sd t, a� •. •r's:�,y .•i �� i r i:✓ a H' n vta; ,. �, R . 4'�. :,a. f}s .-r :rki. iaY .{� -� c >. (a) Establish a Public Develop a public education program and X X X X X Education and ' implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the pennittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own program, (d) Public education Distribute written educational material to X X X X X material dissemination a broad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 3 of 11 PERMIT NO. NCS000412 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including in"ajor economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP a�; t a s Measurable Goals y9 'p k>�i'R, �YR1 YR YRr xYW X^,h Tr--r (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X community stonnwater related program designed to involvement program promote ongoing citizen participation. (d) Establish a Citizens' Develop a citizens' group for input on X X X X Group stormwater issues and the stormwater program. Part II Page 4 of 11 PERMIT NO. NCS0004I2 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges.. .. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. W,'NcZb % - t V;'i 5.. ..t Measurable Goals - t � ,, w �` ,,` 'k Y YR ` f�'R' *'i jk ,i 4 'Y t't,zs 1 {Y d3 YR r.- tY�R , (a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and Establish and maintain adequate legal X X X X X maintain appropriate authorities to prohibit illicit discharges legal authorities and enforce the approved Illicit Discharge Detection and'Elimination Program. (c) Develop a Storm Identify outfall locations and map X Sewer System Base stormwater drainage system components. Map At a minimum, mapping components includes outfalls, drainage areas, and receivin streams. (d) Implement illicit Implement an inspection program to X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. Part 11 Page 5 of 11 PERMIT NO. NCS000412 ��� IARd� l •S.! f,F 1 xl 'F3� •yS- ')�: 4; 'R , � �� �Measuralle,aGgals� rYR� � �YR� ' YR� f :s; 5 ��_ _�. jF23.u�4 (e) Conduct employee Conduct training for city staff on detecting X X cross -training and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and X X education the general public of hazards associated with illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X X reporting mechanism mechanism for the public to report illicit discharges. Part II Page 6 of 11 PERMIT NO. NCS000412 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS I. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site, plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG410000), specifically Par 1, Section A, Paragraphs 3, 4, 5, and 6, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part II Page 7 of I 1 PERMIT NO. NCS000412 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stonnwater runoff from new development 1 redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. '"" FV .FA' 4t •ii"�n _-4'"3i. € BUMP = 'A.{"d '- f13f - - P J �,. ry'. 1 ,� } Measurable Goals,.• p „ r YR YR, YR YI2 YR. i' � ' ;* ?: '% r _ i`�, ra:C—� '` "r ) '�' ' �' { - 1 �274 M.-t, -N1 5T -",t (a) Establish a Post- Develop, adopt by ordinance (or similar X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stonnwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliforin to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part 11 Page 8 of 11 PERMIT NO. NCS000412 3. The evaluation of Post -construction Stormwater Management Program measures (a) For post -construction requirements, a program will be deemed compliant for the areas where it is implementing any of the following programs: (1) Water Supply Watershed I (WS-1) — 15A NCAC 2B.0212. (2) Water Supply Watershed 11(WS-II) -- 15A NCAC 213.0214, (3) Water Supply Watershed III (WS-III) — 15A NCAC 213.0215. (4) Water Supply. Watershed IV (WS-IV) — 15A NCAC 213.0216. (5) Freshwater High Quality Waters (HQW) — 15A NCAC 2H.1006. (6) Freshwater Outstanding Resource Waters (ORW) — 15A NCAC 2H.1007. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittce's Post -construction Stormwater Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local Stormwater management permit to a development or redevelopment project as either a low -density project or a high density project. (ii) A project may be permitted as a low -density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions, protective covenants, other restrictive language, or other protective measures as required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (E) A project with an overall density at or below the low -density thresholds, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post -construction model practices for low -density projects and locates the higher density in upland areas and away from surface waters and drainageways to the maximum extent practicable. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) High -density projects must use structural stormwater management systems that will control and treat runoff from the first one -inch of rain. Part II Page 9 of 11 PERMIT NO. NCS000412 (B) Runoff volume drawdown time must be a minimum of 48 hours, but not more than 120 hours; (C) High -density projects must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm. (D) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; (D) For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table. (E) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in I SA NCAC 2H .1008(c); (F) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and (G) Deed restrictions, protective covenants, other restrictive language, or other protective measures as required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part II Page 10 of 11 PERMIT NO. NCS000412 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The pennittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. }y yi1 � � fi��n�.r.> ��.`;t .. ...��1 %.7ald.i': i 'k'F': r: v {�r Measurabie�Gaals -'rer{'§{�' ik jfi. .f 3 Sri y«, aw ty.,. �tt5 "7 , �-'" M 'YR ��.. §"'� yl'R 4 4.S T•'t�� < ��YR �-�� YR=YR� Y t+-t: w.. �.i. r.�r �;f--�', ,'-M,5;� 1 5 f . ;���tr s'.�` a n� r t, r�3 "ksr�� Flo- M.Zy < � ?3 x 4iwu a (a) Develop an operation Develop an operation and maintenance X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and . X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee. with the potential for generating MS4 system and polluted stormwater runoff, including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan, corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping procedures. (d) Review of municipality Conduct annual review of the industrial X X X owned and operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stonnwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part II Page 11 of 11 PERMIT NO. NCS000412 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all progam components that are being undertaken including, but not limited to,inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions , and other stonnwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation to the Division on an annual basis. This information will be submitted by August 31 of each year and cover the previous year's activities from July 1 to June 31. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the MS4, education, training and results of the illicit discharge detection and elimination program. Part III Page 1 of 2 PERMIT NO. NCS000412 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000412 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (1) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000412 3. Recording Results For each activity performed or information collected pursuant to the requirements of this pennit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information required by this permit on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes -aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part 1V Page 2 of 2 PERMIT NO. NCS000412 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or. imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1,1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR l 22.41(a)] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any pennit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations Part V, VI, VII & VIII Page l of 11 PERMIT NO. NCS000412 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $137,500). 2. Duty to Mitigate The penmittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this pen -nit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-2 i 5.6C or Section 309. of the Federal Act, 33 USC 1319. Furthennore, the pennittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pennittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V,VI, VII&V1IIPage 2ofII PERMIT NO. NCS000412 7. Duty to Provide Information The permittec shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any pennit condition. Part V, VI, VII & VIII Page 3 of I I PERMIT NO. NCS000412 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, V1, VII & Vill Page 4 of I I PERMIT NO. NCS000412 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all. stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting -as a representative of the Director), or in the case of a facility which discharges through a MS4, an authorized representative of a municipal operator or the MS4 receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this pennit-, and Part V, VI, V11 & VIII Page 5 of 11 PERMIT NO. NCS000412 (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data detennined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V,V1,VII&VIIIPage 6ofII PERMIT NO. NCS000412 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the pennit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, farts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part V, V1, V11 & V111 Page 7 of 11 PERMIT NO. NCS000412 PART VIII DEFINITIONS Act See Clean Water Act. 2, Best Management Practice BMP Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. b. . Department Department means the North Carolina Department of Environment and Natural Resources Part V, V1, VII & VIII Page 8 of 11 PERMIT NO. NCS000412 7. Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10, Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this pennit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 14. Municipal Separate Storm Sewer System(MS4) Pursuant to-40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stonnwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management Part V, VI, VII & Vill Page 9 of I I PERMIT NO. NCS000412 agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used, for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Dischargegories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. Part V, V1, V11 & V111 Page 10ofl1 PERMIT NO. NCS000412 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V, V1, V11 & VIII Page I I of 11 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor �' � '1 r' �� Williarn . , Jr., Secretary AND N � ` `Alan WRhrh9k P.E. Director WOORESt.r:. ^,y. AL OFFICE June 22, 2005 Mayor Allan W. Farris 132 W. Virginia Ave. Bessemer City, North Carolina 28016 Dear Mr. Farris; JUN 2 7' 2005 YATER W�nj. I. C TIO� Subject: NPDES Permit Number NCS000412 Gaston County, City of Bessemer City In accordance with your application for a stormwater discharge permit received on March 7, 2003, and as amended, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). Numerous comments were received during the public comment period. The attached document summarizes comments regarded by DWQ as the foremost and DWQ's response to those comments. You may review all the comments and response to comments at: htt ://h2o.enr.state.nc.us/su/NPDES Phase 11 Stormwater Program.htm If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. .This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX: 919-733-24961Internet: h2o.enr,state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One NorthCarolina Naturally If you have any questions concerning this permit, please contact Mike Randall at telephone number 919/733-5083 ext. 545. Sincerely, Alan W. Klimek, P.E. cc: Mike Mitchell, EPA Region IV Central Files Stormwater and General Permit Unit Files DWQ Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000412 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Bessemer City is hereby authorized to discharge stormwater from their municipal separate storm sewer system located: within the City of Bessemer City Jurisdictional Area Gaston County to receiving waters, Abernethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, VI, VII and VIE hereof. This permit shall become effective July 1, 2005. This permit and the authorization to discharge shall expire at midnight on June 30, 2010. Signed this day June 22, 2005. z!A &no Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS PERMIT NO. NCS000412 PART I PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the City of Bessemer City is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Abemethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba River basin. Such discharge will be controlled, limited and monitored in accordance with the permittee Comprehensive Stormwater Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase II Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Program Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terns and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the MS4 within the jurisdictional area of the permittee as described in the approved local Stormwater Plan to control potential pollution from the MS4. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and Session Law 2004-163 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Management Plan. The purpose of the Stormwater Management Plan is to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Part I Page 1 of 2 PERMIT NO. NCS000412 Implementation of best management practices consistent with the provisions of the Stormwater Management Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Management Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water quality standards, through the expansion and tailoring of management measures within the scope of the Stormwater Management Plan. 8. The permit authorizes the point source discharge of stormwater runoff from the MS4. In addition, discharges of non-stormwater are also authorized through the MS4 of the permittee if such discharges are; (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (cornmercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan, Part I Page 2 of 2 PERMIT NO. NCS000412 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the MS4. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanism, such as regulations, ordinances, policies and procedures to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. 2. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the MS4 is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. 3. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the MS4. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include the provisions of this permit. 5. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. 6. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this Stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. Part 11 Page 1 of 11 PERMIT NO. NCS000412 9. The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 10. Proposed permit modifications must be submitted to the Director for approval. Part F1 Page 2 of l 1 PERMIT NO. NCS000412 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals YR YR ` YR YR YR 1 .2 3, 4 5 (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X materials for schools, material to appropriate target groups as homeowners, and/or likely to have a significant stormwater businesses impact. Instead of developing its own materials, the permittee may rely on state - supplied Public Education and Outreach materials, as available, when implementing its own ro ram. (d) Public education Distribute written educational material to X X X X X material dissemination abroad public audience. Possibilities include, but are not limited to utility mailouts and at special events. Part 11 Page 3 of 11 PERMIT NO. NCS000412 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups. to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BM P Measurable Goals. YR YR YR YR YR , 1 2 3; . (a) Administer a Public Develop and implement a Public X X X X X Involvement Program Involvement and Participation Program. (b) Allow the public an Conduct at least one public meeting to X opportunity to review allow the public an opportunity to review and comment on the and comment on the Stormwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement program promote ongoing citizen participation. ;d) Establish a Citizens' Develop a citizens' group for input on X X X X Group stormwater issues and the stormwater program. Part II Page 4 of 11 PERMIT NO. NCS000412 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the MS4. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the MS4. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (c) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. rabl a Goals$�_. ,�Y,� C`C��> '�akC' .:YRxYR YR-qy. J" S.YR �Y�R�'. �'k f tSi1} ,nf'3"ay �D''$ MIT - 1 ^'S ^j P '.3 ri 4' ]T.;L�u.3..?.zr -? rn+� 4J`- S SG i1 �. iw7wF `,'S�.�`..i,ea£ .(a) Develop/Implement Develop and implement an Illicit X X X X X Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and Establish and maintain adequate legal X X X X X maintain appropriate authorities to prohibit illicit discharges legal authorities and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Identify outfall locations and map X Sewer System Base stormwater drainage system components. Map At a minimum, mapping components includes outfalls, drainage areas, and receiving streams. (d) Implement illicit Implement an inspection program to X X X discharge detection detect dry weather flows at system procedures outfalls. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. Part 11 Page 5 of 1 I PERMIT NO. NCS000412 illn M ble-, "'d Wk' IYR�N -,--",Y RWYR YR 3 P� (e) Conduct employee Conduct training for city staff on detecting x x cross -training and reporting illicit discharges. (f) Provide public Inform public employees, businesses, and x x education the general public of hazards associated with illegal discharges and improper dispo,; I of waste. (g) Establish a public Establish and publicize a reporting x x x x reporting mechanism mechanism for the public to report illicit I dischares. Part II Page 6 of 11 PERMIT NO. NCS000412 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. The NCDENR Division of Land Resources Erosion and Sediment Control Program effective meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. NCDENR Division of Water Quality NPDES general permit for construction activities (NCG010000), specifically Par I, Section A, Paragraphs 3, 4, 5, and b, effectively meets the above requirements. The NCG010000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. The permittee may pursue local government implementation of the Erosion and Sediment Control Program by requesting a "minor modification" to the permit. Part II Page 7 of 11 PERMIT NO. NCS000412 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. OWectives for Post -Construction Site Runoff Controls (a) Manage Stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. BMP Measurable Goals YR YR YR YR� YR.. 'i 2 3'' 4 ; (a) Establish a Post- Develop, adopt by ordinance (or similar X X Construction regulatory mechanism), implement, and Stormwater enforce a program to address stormwater Management Program runoff from new development and redevelopment. The ordinance must be reviewed and approved by the Director prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Establish strategies Develop and implement strategies that X X X which include BMPs include a combination of structural and/or appropriate for the MS4 non-structural BMPs. Provide a mechanism to require long-term operation and maintenance of structural BMPs. Require annual inspection reports of permitted structural BMPs performed by a qualified professional. (c) Establish a program to Control the sources of fecal coliform to X X X control the sources of the maximum extent practicable. fecal coliform to the Develop and implement an oversight maximum extent program to ensure proper operation and practicable maintenance of on -site wastewater treatment systems for domestic wastewater. Municipalities must coordinate this program with the county health department. Part E Page 8 of 11 PERMIT NO. NCS000412 3. The evaluation of Post -construction Stormwater Management Program measures (a) Those areas within the jurisdictional area of the permittee that are already subject to the existing state Stormwater management programs fasted herein are deemed compliant with the post -construction stormwater management model practices identified in (b) below. The listed programs are: the Water Supply Watershed protection programs for WS-I — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters Management Strategy, the Tar -Pamlico River Basin Nutrient Sensitive Waters Management Strategy, and the Randleman Lake Water Supply Watershed program. (b) Model Practices. For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, the permittee's Post - construction Stormwater. Management Program must equal or exceed the stormwater management and water quality protection provided by the following model practices. (i) The permittee may issue a local stormwater management permit to a development or redevelopment project as either a low density project or a high density project. (ii) A project may be permitted as a low density project if it meets the following criteria: (A) No more than two dwelling units per acre or 24% built -upon area; (B) Use of vegetated conveyances to the maximum extent practicable; (C) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (D) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (iii) A project not consistent with the requirements for a low density project may be permitted as a high density project if it meets the following requirements: (A) The stormwater control measures must control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume drawdown time must be a minimum of 24 hours, but not more than 120 hours; (B) All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids; Part H Page 9 of l I PERMIT NO. NCS000412 (C) Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); (D) All built -upon areas are at least 30 feet landward of perennial and intermittent surface waters; and, (E) Deed restrictions and protective covenants are required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. (c) Watershed Protection Plans. Public bodies may develop and implement comprehensive watershed protection plans that may be used to meet part, or all, of the requirements for post -construction stormwater management. (d) A regulated entity may develop its own comprehensive watershed plan, may use the model ordinance developed by the Commission, may design its own post - construction practices based on the Division's guidance and engineering standards for best management practices, or it may incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. Part 11 Page 10 of 1 1 PERMIT NO. NCS000412 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP. Measurable Goals YRi -YR YR YR _YR 3 4' 'S (a) Develop an operation Develop an operation and maintenance X X and maintenance program that has the ultimate goal of - program preventing or reducing pollutant runoff from municipal operations. (b) Inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities, operations owned and operated by the operations, and the permittee with the potential for generating MS4 system and polluted stormwater runoff , including the associated structural MS4 system and associated structural BMPs. BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping rocedures. (d) Review of municipality Conduct annual review of the industrial X X X owned and operated activities with a Phase I NPDES regulated industrial stormwater permit owned and operated by activities the permittee. Review the following aspects: the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent foliow-u actions at the facilities. Part H Page 11 of 11 PERMIT NO. NCS000412 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions , and other stormwater activities. If monitoring and sampling are being performed documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The permittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation to the Division on an annual basis. This information will be submitted by August 31 of each year and cover the previous year's activities from July 1 to June 31.. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the MS4, education, training and results of the illicit discharge detection and elimination program. Part III Page 1 of 2 PERMIT NO. NCS000412 The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part 111 Page 2 of 2 PERMIT NO. NCS000412 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000412 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. Annual Reporting The permittee will submit reporting and monitoring information required by this permit on an annual basis per Part III of this permit on forms provided by the DWQ. b. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part N Page 2 of 2 PERMIT NO. NCS000412 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 US 1319 and 40 CFR 122.41(a),I (c) Under state law, a daily civic penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref. North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations Part V, V1, VQ & VIII Page 1 of I I PERMIT NO. NCS000412 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class I1 penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319_ Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V, VI, VII & VIII Page 2 of I 1 PERMIT NO. NCS000412 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. S. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V, VI, VIl & VIII Page 3 of 1 l PERMIT NO. NCS000412 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V, VI, VU & V1II Page 4 of I I PERMIT NO. NCS000412 SECTION C: MONITORING AND RECORDS I. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a MS4, an authorized representative of a municipal operator or the MS4 receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and Part V, VI, VII & VIII Page 5 of I 1 PERMIT NO. NCS000412 (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. S. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V, Vl, VIl & VIH Page 6 of l 1 PERMIT NO. NCS000412 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part V, V1, VII & VIII Page 7 of 11 PERMIT NO. NCS000412 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). Built -upon Area 4 That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. 4. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 US 1251, et. seq. 5. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: In separate stages In separate phases In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 6. Department Department means the North Carolina Department of Environment and Natural Resources Part V, VI, V II& V III Page 8 of 11 PERMIT NO. NCS000412 7. Division DW ) The Division of Water Quality, Department of Environment and Natural Resources. 8. Director The Director of the Division of Water Quality, the permit issuing authority. 9. EMC The North Carolina Environmental Management Commission. 10. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 11. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. 13. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 14. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management Part V, VI, VH & VIII Page 9 of 11 PERMIT NO. NCS000412 agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. ii. Designed or used for collecting or conveying stormwater; Hi. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 15. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontamnated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 16. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 17. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 18. Permittee The owner or operator issued this permit. Part V, VI, VH & VM Page 10 of 11 PERMIT NO. NCS000412 19. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1. Results in no net increase in built -upon area, and 2. Provides equal or greater stormwater control than the previous development. 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V, VI, VII & VIII Page I 1 of 11 W A 7-F Michael F. Easley, Governor O�� 9QG William G. Koss Jr., Secretary North Carolina Department of E_nviionrne tt aM Nulural:0iourccs Alan W. Klimek, P; ElDirector • Division of Water.Quality t 0 Coleen H. Sullins, Deputy Director Division of Water Quality November 8, 2004 Nov 0 2c114 Mayor Allan W. Farris 132 W. Virginia Ave. Bessemer City, North Carolina 28016 Subject: NPDES Permit Number NCS000412 City of Bessemer City Dear Mr. Farris; On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210) - Phase II Stormwater Management. The Governor signed the bill on August 2, 2004. This bill addresses implementation of the federal NPDES Phase 1I stormwater program in North Carolina. In S 1210, the General Assembly provided a framework that will allow state and local government agencies to begin implementing the program. The bill establishes minimum stormwater management requirements for municipal storm sewer systems and also applies stormwater controls to some developing areas around these municipalities. Phase If Draft permits for local governments were publicly noticed the week of November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's permit has been noticed and copies of the draft permit are available at: http://h2o.enr.state.ne.us/su/phase2_draft_permits.htm We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. All comments and request should reference draft permit number NCS000412. Please provide your comments by Friday, December 10, 2004, If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545. Sincerely, Mike Randall cc: Stormwater and General Permits Unit Mooresville Regional Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1.877.623-6748 Facility Name: NPDES Permit Number: Facility Location: Type of Activity: Receiving Stream: River Basin: Stream Classification: Proposed Permit Requirements Compliance Schedule: Basis for Monitoring: Basis for Other Requirements: Response Requested by (Date) DOCUMENTS REVIEWED OCT 0 4 200r. .x Michael F. Easley. Governor William G. Ross Jr-, Secretary North Carolina Department of Environment and Natural Resources FF.REVIE.W:A L� STUFF NPDES Stormwater Pert Alan W. Klimek, P. E_ Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality City of Bessemer City NCS000412 City of Bessemer City Municipal Separate Storm Sewer System Abemethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary. Catawba River C, WS-II, HQW, CA See attached draft permit See Part V, Section A of the attached draft permit Not applicable Not applicable October 22, 2004 NPDES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information submitted on March 7, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) ) 2 2 �& Date ' Zt/�007 Stormwater and General Permits Supervisor Y ADate Concurrence by Regional Offi �5- Date Water Quality Supervisor Date N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 AWA Customer Service 1-M-623-6748 W A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Quality October 1, 2004 Mayor Allan W. Farris 132 W. Virginia Ave. Bessemer City, North Carolina 28016 Subject: NPDES Permit Number NCS000412 City of Bessemer City Dear Mr. Farris-, Enclosed for your review and comment is the draft Phase H NPDES Stormwater Permit for the City of Bessemer City. Following an appropriate public notice and comment period, we anticipate this permit will become effective in the 4th quarter of 2004. We believe that this draft permit will provide your community with the flexibility vital for your community, while at the same time safeguarding and protecting our natural environment for future generations of North Carolinians. We look forward to receiving your comments on this draft permit and continuing to work together for the benefit of your community and North Carolina. Please provide your comments by Friday, October 22, 2004. You will also have an opportunity to submit comments during the public comment period in November, 2004. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext- 545. Sincerely, -.." I �e Mike Randall Environmental Engineer cc: Stormwater and General Permits Unit Mooresville Regional Office E1+� N. C. Division of Water Quality 1617 Mail Service Center Raleigh. North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 DRAFT PERMIT NO. NCS000412 STATE of NORTH CAROLINA OCW7, of ENVIRaMME". p ��- *���LIPAL RESOURCES ` DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES, , ..- ,TtAL OFFICE DIVISION of WATER QUALITYtt�� d DRAFT PERMIT NO. NCS000412 OCT 0 A 2004 TO DISCHARGE STORMWATER UNDER THE , c ( NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM L47 SECTION In compliance with the provisions of North Carolina General 5tatgp I43-215.1, other lawful a, ? standards and regulations promulgated and adopted by the ,North Carolina Environmental n,�I. N: a Management Commission, and the Federal Water PollutioControl Ac_`t:?,�as amended, City of Bessemer is hereby authorized to discharge stormwater from their rriuiiicipal separate storm sewer system located: /j Z Within the Citv:6fnBc06ffi1r CiN—Jurisdictional Area to receiving waters, Abernethy CreekF(unnarn`ed'tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries Oat�Creek and unnamed tributary, within the Catawba River basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III,'M V, V1, VIl and VEd hereof. This permit shall become effective Month Day, Year. This permit and the authorization to discharge shall expire at midnight on Month Day, Year. Signed this day Month Day, Year. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission DRAFT PERMIT NO. NCS000412 TABLE OF CONTENTS PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: II.LICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD CONDITIONS SECTION A. COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS DRAFT PERMIT NO. NCS000412 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the City of Bessemer City is authorized to discharge stormwater from the municipal separate storm sewer system to receiving waters, Abernethy Creek (unnamed tributary), Crowders Creek (unnamed tributary), Long Creek and unnamed tributaries, Oates Creek and unnamed tributary, within the Catawba River basin. Such discharge will be controlled, limited and monitored in accordance with the permittee Comprehensive Stormwater Management Plan, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase II Municipal NPDES Stormwater Permit Application, NPDES Stormwater Permit Application Comprehensive Stormwater Management Report and any approved modifications. 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. 3. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the municipal storm sewer system within the jurisdictional area of the permittee and surrounding areas as described in the approved local comprehensive stormwater management program to control potential pollution from the storm sewer system. The permit applies to current and future jurisdictional areas of the permittee, as well as areas that seek coverage under this permit through inter -local or other similar agreements with permittee. Agreements for coverage under this permit must be approved by the Division of Water Quality, herein referred to as the Division. 5. The Division may deny or revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittee may petition the Division to revoke or deny coverage under this permit for specific entities. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215. l and Session Law 2004-163 and in accordance with the approved Stormwater Plan all provisions contained and referenced in the Stormwater Plan are an enforceable part of this permit. The permittee will develop and implement its approved Stormwater Program in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. Discharges authorized under this permit shall not cause or contribute to violations of water quality standards. Part I Page l of 2 DRAFT PERMIT NO. NCS000412 $. The permit authorizes the point source discharge of stormwater runoff from the municipal storm sewer system_ In addition, discharges of non-stormwater are also authorized through the municipal storm sewer of the permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality and may include: • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • Blows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the permittee's Stormwater Plan. Part I Page 2 of 2 DRAFT PERMIT NO. NCS000412 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the municipal separate storm sewer system. This includes, but is not limited to, the following areas: (a) The permittee will develop and maintain adequate legal authorities to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of development of appropriate ordinances and legal authorities and will pursue these authorities in accordance with the schedule outlined in the Stormwater Plan. Any changes to the schedule must be approved in accordance with Item 1(I) below. (b) The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the municipal storm sewer system is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. (c) The permittee will implement the appropriate components of the Stormwater Plan to assure that, to the maximum extent practicable, illicit connections, spills and illegal dumping into the municipal storm sewer system are prohibited. (d) The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. This will include, but is not limited to, the provisions of this permit and the applicable provisions of the permittee's Stormwater Plan. (e) The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. (f) The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. (g) The permittee will implement a program to reduce pollution from construction site runoff as described in the permit application and in accordance with this permit. Part 11 Page 1 of 9 DRAFT PERMIT NO. NCS000412 (h) The permittee will implement an appropriate post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, reduce pollutant loading, and minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. (i) The permittee will evaluate municipal operations and develop and implement an appropriate program for municipal activities and ongoing operation and maintenance of municipal facilities to reduce the potential for stormwater pollution. 0) Proposed permit modifications must be submitted to the Director for approval. SECTION B: PUBLIC EDUCATION AND OUTREACH Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. a z BMP m '�' . E;4 Y^ tx d M _ �, Measurable;Goais � - YR ,. Y,R� R^YYR-,i'�" t t 1 *ae 2 i MS� fi^ 4 �w .5- , (a) Establish a Public Develop a public education program and X X X X X Education and implement within 12 months of the permit Outreach Program issue date. Incorporate outreach elements for significant minority and disadvantaged communities. (b) Informational Web Site Develop and maintain internet web site. X X X X X Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Public education Develop general stormwater educational X X X X materials for schools, material targeting school children, homeowners, and/or homeowners, and businesses. businesses (d) Public education Distribute written material through utility X X X X X material dissemination mailouts, at special events, and at high traffic businesses. Part Il Page 2 of 9 DRAFTPERMIT NO. NCS000412 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public to participate in program development and implementation. (b) Reach out and engage major economic and ethnic groups. (c) Comply with applicable State and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. ii " '�.a 'Ji" L W i'. :tiVleasurable .t^sri 'lit' ! K f C ;d Goals: a« { lkR ,p.Y''� LV '�d._ w! ".y w ;, PbYRM, a s,'£sna�i�;i1ni� ` 1 :��;� . w�..� fir,et (a) Administer a Public Conduct a least one public meeting to X Involvement Program allow the public an opportunity to review and comment on the stormwater management program, (b) Organize a volunteer Organize and implement a volunteer X X X X community stormwater related program designed to involvement ro ram 2romote ongoing citizen partici ation. (c) Establish a Citizens Establish a citizen's advisory panel to X X X X Advisory Panel review the Stormwater Management Plan, to review the annual report, and to advise the permittee on the Stormwater Management Plan. SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the storm sewer system. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the storm sewer system. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Part 11 Page 3 of 9 DRAFT PERMIT NO. NCS000412 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Elicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. �Ze'g WdaWrab e jg 1, 0 ` 02's I "m — fil-" '4 MEN. P'�-YMWWFAI W t 952M A ad, 4, i.A W-P tl; 4 I P (a) Develop/Implement Develop and implement an Elicit x x x x x Illicit Discharge Discharge Detection and Elimination Detection and Program. Include provisions for program Elimination Program assessment and evaluation. (b) Establish and Establish and maintain adequate legal x x x x x maintain appropriate authorities to prohibit illicit discharges legal authorities and enforce approved Illicit Discharge Detection and Elimination Program. (c) Develop a Storm Complete identification, locations of and x Sewer System Base mapping of stormwater drainage system Map components. At a minimum, mapping components includes outfalls, drainage areas and receiving streams. (d) Implement illicit Implement inspection program to detect x x x discharge detection dry weather flows at system outfalls. procedures Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. Continue to identify, locate, and update map of drainage system components on a priority basis per approved Illicit Discharge Program. (e) Conduct employee Conduct training for town staff on x x cross -training detecting and reporting illicit discharges. Provide public Inform public employees, businesses, and x x education the general public of hazards associated with ]Illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting x x x x reporting mechanism mechanism for the public to report illicit discharges. Part II Page 4 of 9 DRAFT PERMIT NO. NCS000412 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The City of Bessemer City relies on the North Carolina Department of Natural Resources Division of Water Quality and Erosion and Sediment Control Program to comply with this minimum measure. The City of Bessemer City will conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by NCDENR, to see if the site is in compliance. The hotline shall also act as a complaint center for sedimentation issues. The City of Bessemer City will monitor NCDENR program for effectiveness in the City of Bessemer City. Sites that are not in compliance with their sediment and erosion control permits will be reported to NCDENR. SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the MS4 and disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale. (b) Ensure long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee's stormwater management ordinance and any subsequent amendments and the additional BMPs below shall be implemented throughout the permittee's jurisdictional area to meet the objectives of the Post -Construction Site Runoff Control Program. Part Q Page 5 of 9 DRAFT PERMIT NO. NCS000412 1VleasurableGoa1 �x "�Rp xYR' ,,YRgY�R'`' YR x YR' (a) Establish a Post Develop, adopt by ordinance (or similar X X Construction regulatory mechanism), implement and Stormwater enforce a program to address post - Management Program construction runoff controls for new (hereafter the Program) development and redevelopment. The ordinance must be reviewed and approved by the Department prior to implementation. Ensure that controls are in place to prevent or minimize water quality impacts. (b) Develop community Develop guidance material or training X X X education class for local developers explaining the local post -construction approval process. (c) Establish compliance Take appropriate actions to address non- X X X and enforcement compliance and ensure enforcement of the procedures Program. (d) Establish strategies Ensure adequate long-term operation and X X X which include maintenance of structural BMPs. Require structural and non- annual inspection reports of permitted structural BMPs structural BMPs performed by a qualified appropriate for the professional. MS4 (e) Ensure structural BMP Establish pre -construction review of plans X X X design, construction, inspection during construction, and post - operation and construction acceptance procedures. maintenenace Require and review annual BMP compliance inspection reports. (f) Establish a program to Control the sources of fecal coliform to X X X control sources of fecal the maximum extent practicable. Develop coliform to the and implement an oversight program to maximum extent ensure proper operation and maintenance practicable of on -site wastewater treatment systems for domestic wastewater and conduct an O&M awareness program for on -site wastewater treatment system owners. Municipalities must coordinate this program with the county health department. Part H Page 6 of 9 DRAFT PERMIT NO. NCS000412 4 '. ('(.� , 'k I � �YS.�t MF S+e,$ 3.tBMP;"z Y £�'� i�� SdJ .n,.'i�L S lk I � I S F tMeasurable Goals YR} (g) Establish a buffer Require that built -upon areas be located at X X X requirement least 30 feet landward of all perennial and intermittent surface waters. For the purpose of this permit, a surface water shall be present if the feature is shown of either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGA). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 213.0233 (3)(a). (h) Ensure long term Require recorded deed restrictions and X X X project conformity with protective covenants to ensure that the permittee's subsequent development activities will Program objective of maintain the projects consistent with the minimizing water permittee's Post -Construction Site Runoff quality impacts Controls Program. (i) Establish low -density Define low -density projects as having X X X development 24% or less built -upon area (or no more requirements than 2 dwelling units per acre). Require the use of vegetated conveyances to the maximum extent practicable. {j) Establish high -density Define high -density projects as having X X X development greater than 24% built -upon area. requirements Control and treat the difference in stormwater runoff volume leaving the project site between the pre and post development conditions for the l year 24 hour storm. Runoff volume draw down time shall be a minimum of 24 hours, but not more than Part II Page 7 of 9 DRAFT PERMIT NO. NCS000412 1VIeasurableGoalsr� , '' YRYR YiRYR `6 # 4 ; YR' 5 120 hours; All structural stormwater treatment systems used to meet the requirements of the program shall be designed to have an 85% average annual removal for Total Suspended Solids; General Engineering Design Criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c). SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for Municipal Operations Prevent or reduce stormwater pollution from municipal operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for Municipal Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. `a, *,1Vleasusable Goals .._r.<i�e.' 3.�,r,,r. 1RfRI�R.� �, 4, R ti 4R3 5R, (a) Develop an operation Develop an operation and maintenance X X and maintenance program that has the ultimate goal of program preventing or reducing pollutant runoff from munici a1 o erations. (b) Inspection and Develop an inventory of all facilities and X X X X X evaluation of facilities operations owned and operated by the and operations permittee with the potential for generating polluted stormwater runoff. Specifically inspect the potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. Part LI Page 8 of 9 DRAFT PERMIT NO. NCS000412 ;� a'l Measuratle�Gaals " �`; ;� ' ' :,YR; ;YR YR 'YR� rYH 5 . J (c) Conduct staff training Conduct staff training specific for X X X pollution prevention and good housekeeping rocedures. (d) Review of regulated Conduct annual review of the industrial X X X industrial activities activities that hold a Phase I NPDES stormwater permit owned and operated by the permittee. Specifically review the following aspects. the Stormwater Pollution Prevention Plan where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Part II Page 9 of 9 DRAFT PERMIT NO. NCS000412 PART III PROGRAM ASSESSMENT Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, monitoring and sampling, inspections, maintenance activities, educational programs, implementation of BMPs and enforcement actions. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. The perrr►ittee's Stormwater Plan will be reviewed and updated as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted by [Set date two months after permit year's end] of each year and cover the previous year's activities from [Insert start date] to [Insert end date]. The permittee's reporting will include appropriate information to accurately describe the progress, status and results of the pennittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stonnwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The pennittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated as part of the Stormwater Plan throughout the year along with an assessment of what the data indicates in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the overall Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and Part III Page I of 2 DRAFT PERMIT NO. NCS000412 review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. (g) The permittee will provide information concerning areas of water quality improvement or degradation. Depending on the Ievel of implementation of the Stormwater Plan, this information may be submitted based on pilot studies, individual projects or on a watershed or sub -watershed basis. 3. The Director may notify the permittee when the Stormwater Plan does not meet one or more of the requirements of the permit. Within 30 days of such notice, the permittee will submit a plan and time schedule to the Director for modifying the Stormwater Plan to meet the requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed plan. The permittee will provide certification in writing (in accordance with Part W, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the permittee's Stormwater Plan. Part M Page 2 of 2 DRAFT PERMIT NO. NCS000412 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Monitoring Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, and copies of all reports required by this permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time prior to the end of the five year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by a principal executive officer, ranking elected official or duly authorized representative. A person is a duly authorized representative only if: (i) The authorization is made in writing by a principal executive officer or ranking elected official; (ii) The authorization specified either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmental/stormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part W Page I of 3 DRAFT PERMIT NO. NCS000412 3. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of sampling, measurements, inspection or maintenance activity; (b) The individual(s) who performed the sampling, measurements, inspection or maintenance activity; (c) The date(s) analyses were performed; (d) The individual(s) who performed the analyses; (e) The analytical techniques or methods used; and (f) The results of such analyses. 4. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes or activities which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants that are not specifically listed in the permit or subject to notification requirements in 40 CFR Part 122.42 (a). 5. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes that may result in noncompliance with the permit requirements. 6. Twenty-four Hour Reporting The pertittee shall report to the central office or the appropriate regional office any noncompliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part W Page 2 of 3 DRAFT PERMIT NO. NCS000412 The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 7. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part M of this permit on forms provided by the DWQ. 8. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan, or for the entire Program. 9. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying to be covered under this permit or in any report to the Director, it shall promptly submit such facts or information. Part W Page 3 of 3 DRAFT PERMIT NO. NCS000412 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $1 1,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a)] (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class 11 violations Part V, V1, VH & VI[I Page l of 9 DRAFT PERMIT NO. NCS000412 are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $1 1,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part V, VI, VII & Vitt Page 2 of 9 DRAFT PERMIT NO. NCS000412 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. S. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS Proper Operation and Maintenance The periittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part V, V1, V1.1 & VID Page 3 of 9 DRAFT PERMIT NO. NCS000412 2. Need to Hatt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required herein, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. Analytical stormwater sampling shall be performed during a representative storm event. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. 'Pest Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Part V, V I, VU & Vr11 Page 4 of 9 DRAFT PERMIT NO. NCS0004 t2 (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part V, VI, V❑ & VM Page 5 of 9 DRAFT PERMIT NO. NCS000412 PART VIII DEFINITIONS Act See Clean Water Act. 2. Best -Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 3. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 4. Division (DWQ) The Division of Water Quality, Department of Environment and Natural Resources. 5. Director The Director of the Division of Water Quality, the permit issuing authority. 6. EMC The North Carolina Environmental Management Commission. 7. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. S. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 9. Illicit Discharge Any discharge to a MS4 that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non- stormwater discharges, and discharges resulting from fire -fighting activities. Part V, VI, VLI & Vffl Page 6 of 9 DRAFT PERMIT NO. NCS000412 10. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26, 11. Municipal Separate Storm Sewer System (MS4) Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (1) Owned or operated by the United States, a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to waters of the United States or waters of the State. (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 12. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 13. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, Part V, VI, VII & VIU Page 7 of 9 DRAFT PERMIT NO. NCS000412 minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) policies or ordinances that encourage infill development in higher density urban areas, and areas with existing storm sewer infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. 14. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 15. Permittee 16. 17 IN ILI] The owner or operator issued this permit. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Redevelopment Means any rebuilding activity other than a rebuilding activity that; (i) Results in no net increase in built -upon area, and (ii) Provides equal or greater stormwater control than the previous development. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at Ieast 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Section_ 313 Water Priority Chemical A chemical or chemical category which: (a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; Part V, Vl, VII & VIfI Page 8 of 9 DRAFT PERMIT NO. NCS000412 (b) Is present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting requirements; and (c) That meet at least one of the following criteria: (i) Is listed in appendix D of 40 CFR Part 122 on either Table Il (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances), (ii) Is listed as a hazardous substance pursuant to Section 31 1(b)(2)(A) of the CWA in 40 CFR 116.4, or (iii) Is a pollutant for which EPA has published acute or chronic water quality criteria. 20. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 21. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part V, V 1, V II& V III Page 9 of 9 n aC UEPT. OF EWRONMEAfN�. AND NATU7 A4 RESOURCES MOORES" ' ""'ALOFFICE NPDES STORMWATIff OCT 0 4 2004 1 PERMIT APPLICATION 1893 1 I OUTLINE NPDES STORMWATER PERMIT APPLICATION Applicant Status Information (pages I — V) I. Storm Sewer System Information (page 1) II. Receiving Streams (page 2) III. Existing Water Quality Programs (page 3) IV. Permitting Information (page 4) V. Co -Permitting - N/A VI. Reliance on Another Government Entity to Satisfy One or More Permit Obligations (page 5) VIL Stormwater Management Program A. Public Education and Outreach Program (pages 6-7) B. Public Involvement and Participation (page 8) C. Illicit Discharge Detection and Elimination (pages 9-11) D. Construction Site Stormwater Runoff Control (page 12) E. Post -Construction Storm Water Management in New Development and Redevelopment (pages 13-14) F. Pollution Prevention / Good Houskeeping (pages 15-16) VIII. Appendix ' State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Read ' Division of Water Quality Fee Paid Permit Number NPDES STORMWATER PERMIT APPILCAJ30N FOAM ' This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package Includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPIDES Small M54 Stonnwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with ' Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-166) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. ' I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage City of Bessemer City b. Ownership Status (federal, state or local Local c. Type of Public Entity (city, town, county, prison, school, etc. City d. Federal Standard Industrial Classification Code SIC 91 - 97 e. County(s) Gaston County f. Jurisdictional Area (square miles 4.246 sq/mi in city limits ; 8.4 sq/mi in ETJ g. Population Permanent 5119 Seasonal (if available) 5119 h. Ten-year Growth Rate 4.2 % i. Located on Indian Lands? ❑ Yes ® No ' II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 4.264 sq/mi b. River Basin(s) Catawba c. Number of Primary Receiving Streams 4 d. Estimated rcentaqe of jurisdictional area containing the Followi four land use activities: • Residential 70 % • Commercial 10 % • Industrial 5 % • Open Space 5' o Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ® No b. Local Water Supply Watershed Program ❑ Yes No WillAdopt c. Delegated Erosion and Sediment Control ram ❑ Yes No W111 Adopt d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes ® No a p2rmitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 • NPDES Permit Number c. Do you intend to co -permit ❑ Yes ® No with another Phase II entity? d. If so, provide the name(s) of the entity: e. Have legal agreements been finalized between the co- ❑ Yes ❑ No N/A rmittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? ® Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Aware Environmental Inc. • Element they will implement Storm Sewer System Mapping • Contact Person David Love • Contact Address 9305 Monroe Rd. Suite I ; Charlotte NC 28270 • Contact Telephone Number 704-845-7697 c. Are legal agreements in place to establish responsibilities? ®Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and indude documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated b. Title/position of person above c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. II 1 NPDES RPE StDrmwater Permit Application I VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed In Section VI above may sign the official statement below. 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, tine, accurate, and complete. lam aware that there are sig fcant penalties for submitting false information, including the posslbdfi nes and impnso ent for knowing violations. Signature( Ai&&41 01,4, ` Name Alian W. Farris Title Mayor Street Address 132 W. Virginia Ave. PO Box City Bessemer City State NC Zip 28016 Telephone 704-629-2238 Fax 704-629-2237 E-Mail VIII. M54 CONTACT INFORMATION 1 Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Kevin L. Krouse b. Title Planning Director c. Street Address 132 W. Virginia Ave. d. PO Box e. City Bessemer City f. State NC g. zip 28016 h. Telephone Number 704-629-2238 I. Fax Number 704-629-2237 J. E-Mail Address kevin@bessemercity.com III 1 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. a. RCRA Hazardous Waste N/A Management Program N/A b. UIC program under SDWA c. NPDES Wastewater Discharge Public Works Dept is applying for first required NPDES Permit Number By March 10, 2003. No permit # available. d. Prevention of Significant N/A Deterioration (PSD) Program N/A e. Non Attainment Program f. National Emission Standards for N/A Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A section 404 of CWA 1 X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT ' Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. 1 TABLE OF CONTENTS ' 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served ' 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates ' 1.6. Estimate Methodology 1.7. TMDL Identification ' 2. RECEIVING STREAMS IV NPOES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4, Duly Authorized Representative 5. Co -Permitting Information (if applicable) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. Reliance on Other Government Entity 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 17 SECTION 1: STORM SEWER SYSTEM INFORMATION 1.1. Population: 5,114 permanent & seasonal (Based on 2000 Census) L2. Growth Rare: 4.2 % Growth Rate (Based on 2000 Census) 1.3. 4.246 sg/mi Jurisdictional / MS4 service area and 8.4 sq/mi in ETJ. 1.4. MS4 Conveyance System: The Stormwater system consists of pipe and open channels that feed into small systems. Streams are piped at road crossings. The system performs well, carrying storm water flow. Very little maintenance is done to the system. The public works dept. works on a complaint basis generally. Catch basins are cleared before heavy rains and the pipes are cleared using a water jet machine. The annual budget for these activities is $25,000. 1.5. Land Use Compositions: Residential — 70 % Commercial — 20 % Industrial — 5 % Open Space — 5 % 1.6. Estimate Methodology: Land use estimates were derived from current Zoning Map. 1.7. TMDL - No N Table 1. Catawba River Basin Receiving Stream Name Stream Segment Water Quality Classification Use Support Rating Water Quality Issues Abernethy Creek, unnamed tributary 01 Not assigned C NA NA Abernethy Creek, unnamed tributary 02 Not assigned C NA NA Abernethy Creek, unnamed tributary 03 Not assigned C NA NA Abernethy Creek, unnamed tributary 04 Not assigned C NA NA Crowders Creek, unnamed tributary 01 Not assigned C NA NA Long Creek (from 0.7 mile upstream of SR1408 to Bessemer City water intake 11-129-16-(2.3) WS-II, HOW NA NA Long Creek, unnamed tributary 01 Not assigned WS-II, HOW NA NA Long Creek, unnamed tributary 02 Not assigned WS-11, HOW NA NA Long Creek, unnamed tributary 03 (from source to point 0.3 mile upstream of SR 1405) 11-129-16-3-(1) WS-II, HOW NA NA Long Creek, unnamed tributary 03 (from 0.3 mile upstream of SR 1405 to Long Creek) 11-129-16-3-(2) WS-II, HQW, CA NA NA Long Creek (from Bessemer City water intake to South Fork Catawba River 11-129-16-(4) C NA NA Long Creek, unnamed tributary 04 (from source to dam at Arrowood Lake) 11-129-16-4.5-(1) WS-Il, HOW, CA NA NA Long Creek, unnamed tributary 04 (from dam at Arrowood Lake to Long Creek) 11-129-16-4.5-(2) C NA NA Long Creek, unnamed tributary 05 Not assigned C NA NA Long Creek, unnamed tributary 06 Not assigned C NA NA Long Creek, unnamed tributary 07 Not assigned C NA NA Long Creek, unnamed tributary 08 Not assigned C NA NA Long Creek, unnamed tributary 09 Not assigned C NA NA Long Creek, Gibsons Branch tributary Not assigned C NA NA Long Creek, unnamed tributary 10 Not assigned C NA NA Oates Creek 11-135-5-1 C NA NA Oates Creek, unnamed tributary 01 Not assigned C NA NA C - aquatic life, secondary recreation, fresh HOW - high quality water CA - critical area WS-11 - water supply, undeveloped ' SECTION 3: EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs - Our City has adopted the Gaston County Water Supply Watershed Protection Ordinance. This ordinance was adopted by Gaston County 1 December 9, 1993; and adopted by Bessemer City January 10, 1994. § 153.01 ADOPTION OF COUNTY WATERSHED PROTECTION ORDINANCE. The city hereby adopts the Water Supply Watershed ' Protection Ordinance, Gaston County. North Carolina, adopted by the Gaston County Commissioners on December 9, 1993, along with any future amendments thereof, and shall be in full force and effect upon adoption. ' (Ord. 94-1-2, passed 1-10-94) 3.2 State Programs: None 1 s SECTION4: PERMITTING INFORMATION 4.1. Allan W. Farris Mayor (704)629-5542 allsnaol.com Joe Albright City Manager (704) 629-2238 ioe na bessemercitv.coni Kevin L. Krouse Planning Director (704) 629-2238 kevinnbessemercitv.coni Jamie Ramsey Public Works Director (704) 629-5398 no email The above contacts responsibilities will be detailed in the BMP summary table. 4.2. Organizational Chart: Attached (see appendix A) 4.3. Signing Official: Allan W. Farris; Mayor. The Mayor is the primary representative of our City. Resolution is attached that authorizes this. (see appendix B) 4.4. Duly Authorized Representative: Kevin L. Krouse; Planning Director will be the duly authorized representative. 4 1 1 1 1 1 SECTION 6: RELIANCE ON OTHER GOVERNMENT ENTITY TO SATISFY ONE OR MORE PERMIT OBLIGATIONS 6.1. Name of Entity: Gaston County 6.2. Element to he Implemented: Construction Site Stormwater Runoff Control 6.3. Contact Information for the Responsible Party: Dean Parker Gaston County Natural Resources Department 1303 Cherryville Hwy Cherryville, NC 28034 (704)022-2154 6.4. Legal Agreement: No. The agreement is in progress. 6.1. Name of Entity: Aware Environmental Inc. 6.2. Element to be Implemented: System Mapping 6.3. Contact Information for the Responsible Party: David Love AWARE Environmental Inc. 9305 Monroe Road, Suite 3 Charlotte, NC 28270-1490 (704) 845-7697 6A. Legal Agreement: Yes 5 SECTION 7: Stormwater Management Program Plan 7.1. Public Education and Outreach on Storm Water Impacts 7.1.1. BNfP Summary Table: I School Develop school children Planning Director Programs education program in year 2 and X X 1 Kevin L. Krouse implement on Earth Day annually. Focus on basic message regarding clean water and the things they can do at home to help. Track the number of children reached and the subject covered and report annually. 2 Mailers, Develop mailer for insert in Planning Director Brochures, utility bills and implement in X X X X X / Kevin L. Krouse Posters year 1. Target homeowners and businesses with messages about how they can reduce pollution picked up by stormwater. Track number of homes and businesses reached by mailer and report annually. 3 Festivals, Participate in Down Home Day Planning Director Parades, annually by having a booth X X X / Kevin L. Krouse Local Fairs dedicated to information on Stormwater pollution starting in Year 3 and report annually on event and message provided. Provide messaged on the importance of clean water and on specific activities that can be carried out to help keep stormwater clean. 4 Business Develop program for educating Chamber Education business and industry using the X X X X X President / Joe & Outreach Bessemer City Chamber of Albright Commerce beginning in year I and report annually on number of businesses reached and number of employees educated. Focus on workplace issues to reduce pollutant loading. Target hot soot businesses. 5 Website The City's Website will contain Planning Director a link for information X X X X X / Kevin L. Krouse concerning Stormwater Pollution and Prevention. The information will be available in Xear 1 6 1 7.1.2. Target Audience: Our goal is to reach as many people as possible through various outreaches. However, our main focus will be on local business owners and local developers. These two groups are the major contributors to ' stormwater discharge. Developers are the key group to educate because the leading contributor to stormwater pollution is sediment and erosion. The General Public will be targeted at every opportunity available. Our BMP's will ' reach the General Public very effectively through the Web, mailers, festivals, and public hearings. 7.1.3. Target Pollutant Sources: 1 Sediment: Sediment is the number one cause of Stormwater pollution and this factor is often overlooked. ' Trash: There are a number of residents that need to develop better practices of trash disposal. Fecal Colii orm: From Septic and Pet waste. Household Chemicals: The Application of and Disposal of is a topic that many ' need educated on. 7.1.4. Outreach Program: We plan to take advantage of every opportunity to educate the public on this matter. Our outreach has already begun through our Chamber of Commerce. Business owners have been made aware of this topic through power point presentations and guest speakers. We plan to reach the young 1 people through opportunities such as Earth Day etc. The general public will be reached through several venues such as: (1) Down Home Day (our annual festival will have a booth designated for Stormwater information, (2) Public ' Hearings, (3) Utility Bill Mailers, (4) Website (our cities website will contain a link for information on Stormwater Phase I1 regulations. We want to focus on first educating the public on how our habits and actions affect others. We will work with the public to make them aware of the little things they can do to prevent pollution of our water supply. ' 7.1.5. Decision Process: After looking at the resources we had available, the above plan was the most logical and obtainable approach of public education. We have a small staff and the options chosen will be able to be tracked and measured for success. Refer to BMP table for measurable goals and responsible parties. 7.1.6. Evaluation: We will keep track of the number of people reached through each BMP program and report annually. Each BMP in the table lists the ways to ' measure success_ 1 7.2. Public Involvement and Participation The City of Bessemer City held a public hearing on February 24, 2003 ' concerning the Stormwater Plan. The purpose of the hearing was to give the public the opportunity to make comment and suggestions for our current Stormwater Phase 2 permit application. Also at this public hearing, the ' opportunity for public education was done. A copy of this public hearing notice is included in this application. (see appendix C) ' 7.2.1. BMP Summary Table (1.14; tj I'll Response 1 Public Hearing We will hold a Public Planning Director ! Hearing on February Kevin L. Krouse 24, 2003 to allow the public to give comment and suggestions for our permit application. 2 Use of Public We will take advantage Planning Director Education BMP's ofour different Public X X X X X Kevin L. Krouse Education venues to involve the General Public in issues and BMP's that can allow them to be hands on in this new way of thinking about our Stormwater astern 1 1 7.3. Illicit Discharge Detection and Elimination 1 7.3.1. BMA Summary Table I as ] Develop ordinance Develop ordinance Pa i Planning Director to include illicit within one year. Have X / Kevin L. Krouse detection, right of ordinance adopted by entry, prohibition of city council by end of certain discharges, one year. Note date of enforcement actions adoption and have copy and penalties for of ordinance in annual dumping, spills, and report file. willful illicit connections. 2 Develop system map We have recently Aware showing outfalls and outsourced the mapping X Environmental the receiving body of project to Aware Inc.; Charlotte water_ Update any Environmental Inc. of system changes Charlotte. The project within already is underway & will be mapped areas as they completed by March occur 2003. The map denotes outfalls and receiving body of water for each outfall. 3 Train Employees on Provide materials Planning Director how to inspect for through HR to all X 1 Kevin L. Krouse illicit connections employees regarding and establish a illicit connections and tracking system for how to recognize one. managing reported Complete by end of problem areas. year number 2 and note date distributed. Summarize in annual report. 4 Implementation We will begin to Public Works conduct the real X X X Director 1 Jamie business of detection Ramsey and elimination after all employees are trained and ordinances are in lace. 1 7.3.2. Storm System Sewer Map: AWARE Environmental Inc. is preparing our Storm Sewer System Map. The work is underway and should be completed by March of 2003. The mapping is being conducted with GPS and will be available digitally as well as a paper copy. All contact information for AWARE is located in section 6 of this applicat ion. 7.3.3. Regulatory Mechanism: An Ordinance will be our Regulatory Mechanism to effectively prohibit illicit discharges into the MS4. An ordinance is our most effective tool for regulating and enforcing issues. The ordinance will be developed and adopted in the first year of the permit cycle. 7.3.4. Enforcement: To ensure enforcement of the new ordinance we will rely on the penalty section in the new ordinance. The ordinance will address four major areas: (1) Dumping and illicit connections are illegal. Definitions will be included to define what is specifically considered illegal. (2) The ordinance will address how one can correct the problem. (3) The ordinance will provide us with the right of entry onto a property to inspect for illicit connections and illegal dumping. (4) Strict penalties will be included for those not in compliance. The Penalty section will allow for a warning first with options for bringing the violation into compliance. If there is no compliance the penalty section will contain harsh fines as well as civil and criminal penalties. 7.3.5. Detection and Elimination: In the following sections 7.3.5.1. through 7.3.5.4 the procedural method for detection and elimination is outlined. 7.3.5.1. To locate illicit connections we will walk the system sections at a time. Dry outfall mapping will also be used after a 72 hour period with no rain. 7.3.5.2. To trace illicit connection we can use camera scoping work and smoke testing. We will test waters visually and follow up on complaints of odors etc. 7.3.5.3. To remove the source we will rely on the ordinance and penalty section. 7.3.5.4. We will rely on the ordinance to evaluate the plan. t7.3.6. Non-Stormwater Discharges: We will allow all listed non-stormwater flows. ' 7.3.7. Incidental Non-Stormwater Discharges. We want to make provisions for allowing Charity car washes not for profit. (i.e. churches) Stipulations will be placed on these charity car washes such as: frequency, location, etc. 7.3.8. Outreach: This outreach will be conducted through our public education program. Please refer to section 7.1. 1 10 ' 7.3.9. Decision Process: Developing the Ordinance is the first step in detecting and eliminating illicit discharges. This will allow us to determine what is and what is not allowable and will give us right of entry onto the properties. Staff will be ' trained to detect illicit discharges in everyday duties. After our map of outfalls is complete we will begin to walk the entire stormwater system starling with the worst areas. We will look for illicit detections through these methods as ' well as public complaints. 7.3.10, Evaluation: To evaluate success we will first identify the problem. Second, issue a notice. Third, explain how to correct the problem. Fourth, Check for compliance. We will document all findings and keep a monthly progress ' report. 1 ' 7.4. Construction Site Stormwater Runoff Control ' 7.4.1. BMP Summary Table ow NMI= gal 11111=1WE I Establish Create method for Public Works Director communication tool public reporting by X X X X / Jamie Ramsey ' to provide method end of year 2 and for public to report implement at time concerns over of program sediment and erosion adoption. Track ' issues. Track calls number and type of and maintain log complaints and with incident dispositions of ' resolution, include each. Summarize action taken. in annual report. 2 Adopt Gaston Adopt County's Planning Director 1 County's Soil ordinance and have X X X X Kevin L. Krouse ' Erosion and inter -local Sedimentation agreement in place ' Control Ordinance by end of year 2 ' 7.4.2. — 7.4.8. At the present, the City of Bessemer City relies on the States plan and ordinance concerning Erosion and Sediment control through NCDENR. Our contact information for this is: ' Gene Owens or Steve Allred NCDENR 919 N. Maine Street Mooresville, NC 28115 ' (704) 663-1699 Although we are relying on the State plan concerning this issue we will ' .s Later adopt the County's plan The County's plan is similar to the State's plan although it is even more inclusive and restrictive. ' Enforcement and communication will be more effective under the County rather than the State. 1 12 7.5. Post -Construction Storm Water Management in New Development And Redevelopment 7.5.1. — 7.5.3. We will develop an ordinance that incorporates the State's language. We will adopt the State language for post development controls. We will implement program by March 10, 2005. 7.5.7. We adopted the Gaston County Watershed Protection Ordinance in 1994. Copied below is the section in our ordinance that states this: § 153.01 ADOPTION OF COUNTY WATERSHED PROTECTION ORDINANCE. The city hereby adopts the Water Supply Watershed Protection Ordinance, Gaston County, North Carolina, adopted by the Gaston County Commissioners on December 9, 1993, along with any future amendments thereof, and shall be in full force and effect upon adoption. (Ord. 94-1-2, passed 1-10-94) 7.5.8. BMP Summary Table 1 Develop standards and policies on Initiate the lit il)lt I" itidil Planning BMPs for the development of new development X X X X X Director / Kevin properties or the redevelopment of of standards L. Krouse properties. Consider the following and practices strategies in your program: a. for post - Policies and ordinances that provide requirements and standards to direct construction growth to identified areas b. controls in Policies that protect sensitive areas Year 2 and such as wetlands and riparian areas implement in c. Policies or standards that Year 2. maintain and/or increase open space Report (including a dedicated funding annually on source for open space acquisition) progress made, d. Policies or standards that provide addressing buffers along sensitive water bodies review e. Policies or standards that plan minimize impervious surfaces, f process, Policies or standards that minimize number of disturbance of soils and vegetation sites impacted, g. Policies or ordinances that inspection encourage infill development in practices, and higher density urban arras, and any follow up areas with existing storm sewer procedures infrastructure; h. Education implemented. programs for developers and the In first report, public about project designs that minimim water quality impacts document coordinate with Public Education procedures 13 minimum control measure) i. followed in Source control measures often adopting thought of as good housekeeping, program, preventive maintenance and spill including any prevention for new development as input from the part of the regulatory controls; j. stakeholder Storage practices such as wet ponds and extended detention outlet communities. structures; k. Filtration practices This is a long - such as grassed swales, bioretention term cells. sand filters and filter strips I. operation.: I Infiltration practices such as infiltration basins and infiltration trenches. m Design and control standards to address on site treatment for total suspended solids removal of 85% rr. Standards for density of development limitations to reduce impervious coverage, 1 7.5.9.— 7.5.10. — Non -Structural BMP's: ' We will adopt the States BMP manual which will meet all the minimum requirements for Non -Structural and Structural BMP's. 7.5.11. Regulatory Mechanism: We will adopt an ordinance that addresses post construction run-off by 3/10/05. We will incorporate the State's language in our ordinance for high and low density development . ' 7.5,12. Operation and Maintenance: Our operation and maintenance program will ensure the adequate long-term operation of the structural BMP's put in place. The program will include a requirement that the owner of a permitted structural BMP, submit annually to the local program, a maintenance inspection report on each structural BMP. The inspections will be conducted by a qualified ' professional. A septic program will also be included. 7.5.13. Decision Process: We will adopt the State's BMP manual and use it for 1 guidelines to control the volume of Stormwater runoff. Adhering to the State's guidelines and BMP's was our best option based on our small staff and limited ' resources. 7.5.14. Evaluation. Keep track of the number of permits issued and number of enforcement actions taken. Deliver this information in the yearly report. 1 1 14 e ' 7.6. Pollution Prevention 1 Good Housekeeping for Municipal Operations ' 7.6.1. BMP Summary Table I 1 1 Complete an In year one, inventory Planning Director / inventory of facilities owned by X Kevin L.. Krouse facilities that will community and prioritize be evaluated them for an environmental through an audit. Report on number environmental and type of facilities that audit to determine you will audit. potential pollution contributions 2 Provide training Beginning in year 1, Public Works Director/ for those provide training to all X X X X X Jamie Ramsey employees that employees who maintain maintain the the drainage system with a drainage system focus on floatables, grit, with the focus on sediment, and disposal of floatables, grit, pollutants removed from the sediment, and drainage system. Report other pollutants annually on number of removed from the employees trained and sv"stem subjects covered. 3 Inspect all Initiate inspection of Public Works "rector 1 materials storage material storage facilities in X X X X Jamie Ramsey facilities to year 2 and establish determine priority priorities for addressing for reducing issues identified Address exposure to corrective activity in next stormwater fiscal year unless high hazard was identified Report on number and type of sites inspected and actions taken in each annual report 4 Inspect all Initiate inspection of salt Public Works Director 1 materials storage storage facilities and X X X X X Jamie Ramsey faciIit), and application equipment in application year I. Identify problems equipment and address when found. annually to Report annually on identify and inspections and resulting eliminate exposure actions. to stormwater and/or inef%ctive application. Evaluate current snow and ice management program & ensure that ef%ctive measures are in place to minimize contamination of stormwater. 1 WJ 7.6.2. Affected Operations: Our Department of Public Works (DPW) is the only municipal operation that requires a NPDES separate permit. (we no longer treat ' waste water) Our DPW is currently applying for this permit. This is the first year required, therefore no permit numbers available. 7.6.3. Training: Training will be coordinated with the fire department. 7.6.4. Maintenance and Inspections: The city will implement Standard Operating Procedures for its facilities that cover the correct method of conducting individual operations at the facility. To reduce pollutants in the MS4, the City of Bessemer City contracts street sweeping for all city maintained streets. Street sweeping activities are regular, but are not scheduled. City employees clean storm sewer piping on an as needed basis, at present. The City is hopeful that it can set up a regular schedule of preventative maintenance operations for the system in the first permit term. 7.6.5. Vehicular Operations: Contracted street sweeping is used on an as needed basis to clean all City -maintained parking lots. Salt storage areas are covered under a permanent structure. 7.6.6. Waste Disposal: All waste collected from the storm sewer system is deposited in dumpsters, collected and hauled by a contracted waste disposal service to the CMS Landfill. 7.6.7. Flood Management Projects: The City currently institutes development standards to prohibit building in flood prone areas. The City's program coordinates with FEMA on Flood control measures. 7.6.8. Existing Ordinances: Existing ordinances and programs are subject to review by staff and City Council. 7.6.9. Other Evaluations: None 7.6.10. Decision Process: The pollution prevention plan was developed by recognizing existing policies and practices that impact water quality and systematically addressing each individually. The deficiencies in these policies were noted and incorporated into the BMP's. important factors considered were the requirement of employee training, Standard Operating Proceedures, and documenting current functions of municipal operations that have impact on water quality. 7.6.11. Evaluation: All inspections listed in BMP's will be conducted annually to ensure Good Houskeeping measures are met. Annual records will be compared to measure success. 16 FINANCE OFFICER NAT. GAS SUPERVISOR ASST. FINANCE OFFICER GAS SERVICE CREW LEADER CUSTOMER SERVICE GAS SERVICE ECH [-- METERING UTILITIES LOCATER MAYOR S CITY COUNCIL CITY MANAGER ADMIN PERSNEL ASST. ICITYOCLERK PLANNING PUBLIC WORKS RECREATION DIRECTOR TREATMENT DIRECTOR DIRECTOR OPERATIONS DIR DE ENFORCEMEN EQUIPMENT RECREATION LAB. TECH OFFICER MECHANIC COORDINATOR EQUIPMENT REC/MAINT. TREATMENT OPERATOR SUPERVISOR PLANT OPERATOR SANITATION OFFICE AS PLANT MAINT. CREW LEADER MECHANIC MAINTENANCE PRE SCHOOL ORKER II TEACHERS EST-SS,,:11�, APPENDIX r City of Bessemer City RESOLUTION Authorization to Submit National Pollutant Discharge Elimination System Phase II Permit Application and Stormwater Management Plan WHEREAS, The United States Congress passed the Clean Water Act in 1972 and amended said Act in 1987 to address controls for pollution carried by stormwater; WHEREAS, The Environmental Protection Agency (EPA) was authorized to define and proscribe a program of measures to improve the quality of water in our national and state streams, rivers and water bodies under the National Pollutant Discharge Elimination System (NPDES) and promulgated Phase II rules on December 9, 1999 affecting communities and institutions under 100,000 population; WHEREAS, the State of North Carolina is delegated by EPA to establish a regulatory program for NPDES Phase 11 and has established rules and regulations as required; WHEREAS, the City of Bessemer City has been notified of and is legally designated to comply with the NPDES Phase 11 regulations as established by EPA and the State, requiring the submittal of a permit application and stormwater management plan: WHEREAS, the regulations require designation of the legally responsible party and authorization for submittal of the application and stormwater management plan; and WHEREAS, the City of Bessemer City supports the goals and objectives of the regulatory program to provide a safe and healthy environment for all its citizens; NOW THEREFORE, the City Council on this l0a' day of February in 2003, is hereby resolved to the following: The Mayor shall sign and submit on behalf of the City of Bessemer City, no later than March 10. 2003, the necessary documentation for compliance with the NPDES Phase II program requirements as established by the State; and I Allan W. Farris, and each successor serving as Mayor of Bessemer City, shall carry out all necessary strategies and requirements as set forth in the stormwater management plan developed and submitted as required by the NPDES Phase II regulations, to ensure compliance on behalf of the City of Bessemer City. This the 10"' Day of February, 2003. ALLAN W. FARRIS 132 West Virginia Avenue • Bessemer City, NC 28016 • Phone: 704-629-2238 • Fax: 704-629-2237 1 1R, DO te, NC 28269 107 1 a y 3. 10, 2003 NERAL COURT OF CAROLINA tl H COURT DIVISION 1N COUNTY f ATTER OF THE :L URE OF A DEED WST EXECUTED BY V. HOWELL AND HOWELL DATED 5, 2002 AND RE- N BOOK 3401 AT 259 IN -THE GASTON Cy PUBLIC REGISTRY, I ROLINA :1 SALE nt to an order of the 11 nor Court and un. I virtue of the power t ly contained to the ,nced deed of trusl cause of default in the ,t of Ow indebtedness J.aancl snail failure to clperformthe stipu- greements therein 3d and, pursuant to de - if the owner and holder ledness secured by I trust, the Under• iPsttlu[e trustee will rf r sale at public auc• the highesl bidder for usual place o1 sale oy courthouse of sa- 1:00 PM on Thurs- ory 13, 2003 the tol- described real estate ry other improvements t situated thereon, I Gaston County, na, and being more arly descriLed as IDI- IARCEL OF LAND NIA TOWNSHIP, COUNTY, STATE AS MORE FULLY DE- =D IN DEED BOOK IT AND BEING RTICULARLY DE- S THE FULL CON - OF LOTS NUMBERS D 24 OF THE R,D. OPERTY AS SET J THAT CERTAIN 3 ORDED IN PLAT 1 AT PAGE 178 OF LSTON COUNTY REG- 1a more commonly 5802 West McFar- venue Gastonia, NC 11 owner(s) of the reflected on the of the Register. 01 islare Henry V. Howell ell to b to be offered pur- r � is notice or sale is tiered Ion sale, translor o yance -AS IS, Neitner the Trus- t holder of the note the dead o1 JaCK n (-a f rill, J r. 3526 Ballenhne Street Hope Mills, NC 28348 Jim R. Funderburk Attorney for the Estate 407 S. York Street Gastonia, NC 28052 4C-February 3, 10, 17, 24. 2003 NOTICE IS HEREBY GIVEN trial on 03106103, at 11:00 am at U•Slore-It 528, 5921 Wi!- kinson Btvd, Belmont, NC, The undersigned, U-Slore-11 528 will sett at Public Sale by competi• five bidding, the personal prop- erty herelolore stored with the undersigned by: SyMa b Lerees Blackwell Until 024 Household items Heather Costner Unite DC Household items Christopher Smoot Units F19 Household items Joseph Ouade Unite 119 Household items Joey Gntlith Unit# L33 Household items Sharion Willis Unilp L7 Householtl items Sylvia 8 Lerees Blackwell Unrlx 030 Household items Joseph Cuade Unit N 118 Household items Valerie Shropshire Unit aG10 Household ilems 2C-February 3, 10. 2003 NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE Pursuant to the power of safe contained in that Deed of Trust executed by Khao Mounmanivong and Lounny Dethsy, dated the 261h day of May, 2000. and recorded in the Office of the Register of Deeds for Gaston County. North Caro- lina, in Book 3090, at Page 14, and because of cletaull in the payment of the indebtedness thereby secured, and pursuant to demand of the owner and holder of the indebtedness se- cured by said Deed of Trust, the undersigned Substitute Trustee will sell at public auc- tion to ttte highest bidder at the usual place of sale in the Gas- ton County Courthouse. Gas- tonia, North Carolina, at 2:00 o'clock p.m. on Cho IBM day of February, 2003 the following described real property, incAud- ing all improvements thereon: ADDRESS OF PROPERTY: 503 West Henry Street, Mt, Holly, INC 28120, LEGAL DESCRIPTION: BE- ING a portion of Lot No, 328 of the W.B. Puett property known as section 2 o1 the Catawba Heights Park as shown on and described on a map or plat APPENDIX - C AR - Carol B, Wertz J Ben Morrow. PA. Attorney lot the Estate 312 South Chester Street P.O. Box 116 Gastonia, N. C 28053-0116 4C-January 20, 27, 2DO3 February 3, 10, 2DO3 NOTICE OF EXECUTOR NORTH CAROLINA GASTON COUNTY The undersigned, having quali- fied as Executor of the Estate of Eleanor L. Burch, deceased, late of Gaston County, hereby nottties all persons, firms, and corporations having Claims against the estate of said dece- dent to exhibit them to the un- dersigned on or before May 5, 2D03, or this notice will be pleaded in bar of their recovery All persons firms, and corpora- tions indebted to the said Es. tale will please make immedr ate payment to the under- signed. This the 3rd day of February, 2003. Charles Jaynes Burch, Jr., Executor Estate of Eleanor L Burch Card B, Wertz J. Ben Morrow, P.A. Attorney for the Estate 312 South Chester Street P.O. Box 116 Gastonia, N. C. 28053-0116 4C-February 3, 10, 17, 24. 2003 NOTICE OF EXECUTOR NORTH CAROLNNA GASTON COUNTY The undersigned, staving quali- fied as Executor of the Estate of Manly Leroy Hoffman, de• ceased, late of Gaston County, hereby notifies all persons, fim'Ls, and corporations having claims against the estate of sa- id decadent to exhiba them to the undersigned on or before May 12, 2003, or this notice will be pleaded in bar o1 their recov- ery. All persons firms, and cor- porations indebted to the said Estate will please make imme- diate payment to the under- signed. This the SDth day of February, 2003, Branch Banking and Trust, Executor Estate of Manly Lamy Hotiman 2DO South College Street Charblle, NC 28202.2005 Carol B. Wertz J, Ben Morrow, P.A. om- inst oro• re- ntiff r5 an absolute drvorce, based upon the grounds of one years continuous separation, You are required to make de- fense to said Complaint on or before February 20, 2003. or the parties seeking relief against you will apply to the Court rot relief sought. This the 201h day of January, 2003. J. Thomas Munn Attorney for the Plaintiff 140 W. Trade Street P.O, Box 459 Dallas, NC 28034 Telephone: 7D4-922.1222 3C.January 27, 2003 February 3, 10, 2003 Public Hearing Notice The Board of Commissioners for the Town o1 Cramenon will told a Public Hearing Tuesday, February 251h. 2D03 at 7:00 p.m. at Town Hall to take public comment on a proposed text amendment to the Land Devel- opment Code 10 allow the use of Class A Manufactured Homes in the R-2 zoning dis- Ind only. The Town of Crarnenon does not chscnminate on the basis of ftabilrty. It you need an auxil- iary aid or service or other ac- commodation in order to attend or futiy participate at this meet- ing, please contact the Town Gerks office at 8244337 as tar in advance as possible so that your request can be consid- ered. Leann Ellis Town Clerk PUBLIC HEARING NOTICE The following Public Hearing will be held before the Besse- mer City Council on Monday ebruary 24, 2003 at SAO PM. he hearing will be held in Me essemer City Council Cham- rs, 132 W. Virginia Avenue. essemar City. NC. e purpose of the hearing is accept pudic comment on ssemer City's NPDES ase II permit application and rrmwater Management Pro- ,11 interested persons are rged to attend the hearing. [elated documentation is vailable for review in the Plan- ing Directors office dunng reg• lar business tours. evin L. Krouse tanning Director C-February 10, 2003 sell for $100. Uall 704-823.0153 Ceiling Fan POLISHED BRASS never been opened, $45.Do. Celt 7W-8254343 CLEAN LEAVES From gullets, most homes $25 dollars Call704-735-4256. EAST MAIN Hair 8 Tanning Salon-1DO Minutes, $10. 1DDO Minutes, $90. Call 704.922.9333 Booth For Pent. FIREPLACE INSERT with blower, solid steel, approxi• melely 36 inches wide, 5300 Cali 704.824.3701. Firewood Split & Seasoned 704.86&0216 or 813.3350 FOR SALE - 2 seater all terrain foo kart: Christmas gofL Paid 400: new condition. 704-823-8976, GOLF CART 1992 Easy Go wAop d back seat. Runs good, boles good, very good tires. $1,200 Call 704-713-8411 HARLEY DAVIDSON Telephone, new, still in box. S35. Cali 704-922-1122. LADIES WIG new. short, brawn, Very neat permanently styled. Easy to wear A care lot. Adiuslable net w/Styrotoam head for storage. Life weight natural look $45. Call 704.263-2M Like To Ski? SNOW SKIS and skips $75,00 or best offer. Call 704.736.1038 MIKE BURGESS Trucking d Paving. Driveways. Free esb- mates, Owner Operator. Tired of dust? Il ke 7D4-6n-5285 PORTABLE DISHWASHER -- Like New, $75. GAS HEAT- ER— Shop Type, 30.000 BTU, Electronic ignition, $175. Call 704-864.0505. gam-9pm 704-869-1750 no the Gazette Classifieds, You'll love our deals Utility Building Children's Playho 8xl0 with 4-tool cowered White vinyl siding wl wt 3 door, $575 firm Yok: Stanley Call 704.509.682 Utility Building Builder's Check -Point New 12x 16, ircluclr^ overhang, S999.9? FREE delivery, t-B00.232.8453, Garr Weight Set 300 Ib Olympic weights ring S100 Call (704)73Cr$: Wholesale Ladies Clothii • Tops • Pants • Dresses • Jackets Call Chnssy fair apporntmen; M-F, 10am-3pm 704-865-6331 WOLF TANNING Beds 3 trot bulbs- Seleltrade lot value. Salon equipment to also, good price. 704-823 r�_ CtESSoRY Waiter Payn says he had doubt that he woult sell his kids bunk bed bedroom sus. but immediate he started getting calls ai he sold everything! "That's proof positive it works!" The Gaston Gazette!! Call Classifie[ Today 704-869-1741 I euazeo uolseO ayl • EOOZ 'OT AierlJgaj 'Aepuoyy