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HomeMy WebLinkAboutNCS000455_OTHER_20060217STORMWATER DIVISION CODING SHEET MS4 PERMITS PERMIT NO. CS o�v DOC TYPE ❑FINAL PERMIT ❑ ANNUAL REPORT. ❑ APLICATION ❑ COMPLIANCE ` I� OTHER DOC DATE ❑ p�.CXS Cv CSo� I YYYYMMDD . o�0� w A r&RQc' Michael 1'. I aslcy, GoVelnhl William G. Koss Ji., S(mcC4y North Carolina Department of Environmenl asul Nntur.7 S2csource-> STAF REVIEW AND EVALUATION NI'DES Stormwater Permit Alan W. Klimek, 1'. H Ditectoi Div'ssiou of Watet Quaiily Cotten 11, Sullies, t)cputp NICCiU1 [Nvision of Water Quaf[N Facilitv Name: Town of Oak Island NPDES Permit Number: NCS000455 Facility Location: `['own of Oak Island "1 ype of Activity: Municipal Separate Storm Sewer System Receiving Stream: Davis Canal, Davis Creek. Intercoastal Waterway, Montgomery Slough, Eastern Channel, Denis Creek, Elizabeth River, Atlantic Ocean, and Dutchman Creek Outlet Channel, within the Lumber and Cape Fear River Basin River Basin: Cape hero' and Lumber River Basin Stream Classification: SA, EIQW Proposed Permit Requir'emcnls: lice attached draft permit Compliance Schedule: See Part V, Section A of the attached draft permit Basis for Monitoring: Not applicable Basis for Other Requirements: Not applicable Response Requested by (Date): April 13, 2006 DOCUMENTS REVIEWED NPI)ES Stormwater Permit Application Form Narrative Application Supplement: Stormwater Management Program Report Recommendation: Based on the documents reviewed, the application information dated June 10, 2003 is sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date 7 Stormwater and General Permits Supervisor Date >3b'l0� �-+ .:��i,n !�/: �7.1�1 Concurrence by Regional Of1ic /' f� Date Water Quality Supervisor Date N. C. Division of Wald Quality 1617 Mail Sctvica Center ]Zalcigh, North Carolina 27699-1617 (919) 733-5093 JMM WC:DE Nit (:uslo¢ncr Scsvicc I-k77-b23.67•38 1N A 7-4 Michael F. Easley, Governor 9pG 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 February 17, 2006 Scott Ourts Storm Water/ Safety Manager Town of Oak Island 4601 East Oak Island Drive Oak Island, NC 28465 Subject: NPDES Permit Number NCS000455 Dear Mr. Outzs: Enclosed for your review and comment is the draft Phase II NPDES Stormwater Permit for the Town of Oak Island. In a letter dated May 18, 2005, the Director, in response to the great volume of concern expressed regarding DWQ ability to adequately protect our coastal waters and resources utilizing low density impervious surface limits, directed DWQ staff to withhold issuance of individual Phase lI permits for communities within the Coastal Counties until such time that a review of the effectiveness of the proposed post -construction stormwater control measures in the draft Phase II Permits and the existing State Coastal Stormwater Program could be completed. DWQ has decided to move forward with drafting Phase 11 Permits for the coastal communities. Specifically for the coastal communities, we are purposing development activities Iocated with the permittee's jurisdiction that disturb 5,000 square feet or more of land shall control the runoff from the first one and one half inch of rainfall. In addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters. Redevelopment activities that meet the provisions of 15A NCAC 2H .1002(14) shall not be required to comply with these specific requirements. Purposed structural stormwater controls include the following criteria: (1) Remove an 85% average annual amount of Total Suspended Solids. (2) For wet detention ponds draw down the treatment volume no faster than 48 hours, but no slower than 120 hours. (3) Discharge the storage volume at a rate equal or less than the prd-development discharge rate for the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H A 008(c). 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. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 A {VCDENR Customer Service 1-877-623-6748 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 Thursday, April 13, 2006. You will also have an opportunity to submit comments during the public comment period. If you have any questions about this draft permit don't hesitate to contact me at (919) 733-5083, ext. 545 or on my cell phone at 919-389-7801. Sincerely, Micheal F. Randall Environmental Engineer Stormwater and General Permits Unit cc: Stormwater and General Permits Unit Wilmington Regional Office STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000455 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by Management Commission, and the Federal Water Pollution Conti Town of Oak is hereby authorized to discharge stormwater from within the 7 Carolina Environmental as amended, separate storm sewer system located: onal Area :tr to receiving waters, Davis Canal, Davis Creek, Intercoastal Waterway, Montgomery Slough, Eastern Channel, Denis Creek, Elizabeth River, Atlantic O ean, and Dutchman Creek Outlet Channel, within the Lumber and Cape Fear River Basin in. -accordance with the discharge limitations, monitoring rl-x1l. _•r requirements, and other conditions set,f5rt�h in Parts I, 11, III, IV, V, VI, VII and VIII 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 PERMIT NO. NCS000455 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 PARTICIPXTION.�-., 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 CON15MO�NS SECTION A: COMPLIANCE AND LIABILITY SECTION B: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS. PART VIII DEFINITIONS 0 PERMIT NO. NCS000455 PART I PERMIT COVERAGE 1. During the period beginning on the effective date of the permit and lasting until expiration, the Town of Oak Island is authorized to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Davis Canal, Davis Creek, lntercoastal Waterway, Montgomery Slough, Eastern Channel, Denis Creek, Elizabeth River, Atlantic Ocean, and Dutchman Creek Outlet Channel, within the Lumber and Cape Fear River Basin. Such discharge will be controlled, limited and monitored in accordance with the permittee's Comprehensive Stormwater Management Program Report, herein referred to as the Stormwater Plan. The Stormwater Plan includes components of the permittee's Phase Ii Municipal NPDES Stormwater JW V tplk & 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 terms and :�k vhie, conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater dischar r is covered by another permit, authorization, or approval. 3. This permit does not relieve the perrmitteeAfrom responsibility for compliance with any other applicable federal, state, or local law;�rule'standard, ordinance, order, judgment, or decree. 4. This permit covers activities associatedNOihNhe discharge of stormwater from the M.S4 within the jurisdictional area of the peh-nittee 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 -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 revoke coverage under this permit for separate entities and require independent permit coverage as deemed necessary. In addition, the permittce may petition the Division to revolve or deny coverage under this permit for specific entities. 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. 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. Part I Page 1 of 2 PERMIT NO. NCS000455 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: x. • water line flushing; • landscape irrigation; • diverted stream flows; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwatter, • discharges from potable water sources; • foundation drains; • air conditioning condensate (A erciaUresidentia1); • irrigation waters (d(estnoo includ"%`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. 1 Part I Page 2 of 2 PERMIT NO. NCS000455 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 provisionsiof the Stormwater Plan. The permittee will keep the Division advised of the status of developm nt of appropriate ordinances xxx�;us . a and legal authorities and will pursue these authorities in accordance:with the schedule outlined in the Stormwater Plan. 571 2. The permittee's Stormwater Plan will be implei pollutants from the MS4 is reduced to the maxi: order to meet this provision, implementation of given to priority areas and to management mea: efficient at varying stages of the plan's implemc 3. The permittee will implement the maximum extent practicable, illic iged such that the discharge of ficable. It is anticipated that in Plan will occur with emphasis ns that are most effective and the Stormwater Plan to prohibit, to the ;pills and illegal dumping into the MS4. 4. The permittee will implementsprovision�of the Stormwater Plan as appropriate to monitor and assess the performance of thet0arious management measures that are a part of the Stormwater t.-,si? .�A+ Plan. This will include the pro ons 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. 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. Page 1 of 10 PERMIT NO. NCS000455 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 (d) Inform the public on steps they can take to reduce'or Z. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the_objec Outreach Program and shall notify the Division prior to modifi ation z Pft er pollution. stormwater pollution. of the Public Education and y goals. i> 4iP ati -. c -;,.: ;' s +-: yk r� BMP r ' '� q—w p d- j4F ,.. _ g e its g g Measurable Goalstfiry# 1�n a YR �dti YR a YR YR bYR �gEt ��:r axs� �.' .kar'.s 5 w - °a-'s.._rA .Fer.'�Y,L.i �. (a) Establish a Public DevelopQa';p4bli64�gkacation program and X X X X X Education and Outreach 1.1 implement�within 1-2inonths of the permit Program issue date.o icorporate outreach elements for significant minontpand disadvantaged communities. (b) Develop Educational Develop'anfinfrastructure resource to support X X Resources and web site. the public education and outreach program. Develop and maintain internet web site. Post newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff. (c) Distribute Owner's and Produce and distribute Owner's and Renter's X X Renter's Manual Manual. (d) Classroom Education Develop educational program for X presentations at area schools. (e) Commercial Outreach - Develop and distribute flyer that summarizes X discharge prohibitions for businesses. (f) Distribute flyer Develop and distribute flyers highlights of X describing highlights of illicit discharge ordinance. illicit discharge ordinance Page 2 of 10 PERMIT NO, NCS000455 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. Z. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet tho bjecfives,of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. ii:711�4`s!,h 7 i ws iOMeasurable"GoalsTr�',; ,4.eh"d .a J +i.,��t4� i;^��.i�i"� Rya.%iy t` "{i.' 'YR� sfi'Sii YRt C YR= r'r °YR�y +fin .. YIt 1e. c L §,`. x „� xi• Pta�Y nt�iu. w . rk .i-�. r . g$ 'S?i a 3 r n.>�zL x n�,. i._J. ;a e irz� t. L� 3`s+ ?-a. (a) Administer a Public Develop and implement a Pulilic'Involvement X X X X X Involvement Program and Participation Program. s�. (b) Allow the public an Conductfai`lleast orie'publi`c'meeting to allow X opportunity to revicw and the public an opporti�nity to review and comment on the comment onAlhe.,Storrnwater Plan. Stormwater Plan (c) Organize a volunteer Organize and implement a volunteer X X X X community involvement stormwater related program designed to program promo e.ongoing citizen participation. (d) Stormwater Advisory Develop a citizens' Advisory Borad for input X X X X X Board on stormwater issues and the stormwater program. (e) Advisory Board Review Town council to include program to Advisory X Board. Page 3 of 10 PERMIT NO. NCS000455 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!;l (d) ' Develop a storm sewer system map showing all outfallsa d waters receiving discharges. (e) Inform employees, businesses, and the general p�u�li�c of Mards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge' Detection and Elimi The permittee shall implement the following BMPs to meyet�'tle� obj ectives of the Illicit Discharge fy t Detection and Elimination Program and shall notihe!Division prior to modification of any goals. - m wm—&;,� ?' _ Measurable GoalsB�-,521 1'RYR �YRYRYRs` 210 VrNA (a) Develop/Implement Illicit Develop and:itnplemeiif an Illicit Discharge X X X X X Discharge Detection and T . Detection and Elimination Program. Include Elimination Program provisions for ogram assessment and evaluation. (b) Establish and maintain Establi h adequate legal authorities to X appropriate legal prohibit illicit discharges and enforce the authorities approved Illicit Discharge Detection and Elimination Pro am. (c) Prepare a Storm Sewer Develop and maintain a GIS-based inventory X X X X X System Map of the town's stormwater conveyance and discharge system. Using the GIS, develop and maintain a series of map layouts that show the ditches, pipes, drop inlets, and discharge points. (d) Identification of Illicit Implement an inspection program to detect dry X X Discharge Sources weather flows at system 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 pera roved Illicit Discharge Program. (e) Employee training Train public works and code enforcement X X employees in how to recognize and report illicit discharges. (f) Provide public education Inform public employees, businesses, and the X general public of hazards associated with illegal discharges and improper disposal of waste. Page 4 of 10 PERMIT NO. NCS000455 BMP s ` � 4 1: VlW [l["'Vk% rya ttlm Mcasalile �sls ; f a �t ` �; _ YRYR� l `2 ^ YR 3 ,YR=YRix � 5 (g) Hotline Establish and publicize a reporting X X X X mechanism for the public to report illicit discharges. Create and maintain a separate telephone line for the public to call in reports of illicit discharges. Page 5 of 10 PERMIT NO. NCS000455 SECTION E; CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stortnwater 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. Air, .WIC .r► (c) Establish requirements for construction site operators to controllwwaste. such as discarded building materials, concrete truck washout, chemicaler, and littsanitary waste at the construction site that may cause adverse impact§jto water quality. 2. BMPs for Construction Site Runoff Controls The permittee relies on the NCDENR Division of Lan Rcss6 urges (DLR) Erosion and Sediment Control Program to comply with this minimum measure. A. The NCDENR Division of Land Resources Er'osionsan� ediment Control Program effective meets the requirements of the Construction Site Runoff:Controls(tiy permitting and controlling development activities disturbing one or more acres oPland 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�Ti�tle 15AYof the North Carolina Administrative Code. This program includes procedures for publid i ipuifsanctions 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 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. Page 6 of 10 PERMIT NO. NCS000455 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment. (b) Provide a mechanism to require long term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quali 2. BMPs for Post -Construction Site Runoff Controls The permittec shall implement the following BMPs to meei th_e-o}ijectives of the Post -Construction Stormwater Management Program. BMPp`.. fi 'r i , * fir; ', q� s',:Measur"able:Gaals' f YR ti *«ke 1. `Y' R YR� n' 'YR' YR� i•1N,2 (a) Establish a Post- Develop�arnd=adopt by ordinance (or similar X X X X X Construction Stormwater regulatory mechanism) a program to address Management Program stormwater runoffyfrom new development and rcdevelopmentf Implement and enforce the ro fain with n 24 months of the permit issue date. 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 which Develop strategies that include a combination X X X X X include BMPs of structural and/or non-structural BMPs. appropriate for the MS4 Implement them within 24 months of the permit issue date. 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. (e) Establish a program to Control the sources of fecal coliform to the X X X X X control the sources of maximum extent practicable. Develop an fecal conform to the oversight program to ensure proper operation maximum extent and maintenance of on -site wastewater practicable treatment systems for domestic wastewater. Implement them within 24 months of the permit issue date. Municipalities must coordinate this program with the county health department. Page 7 of 10 PERMIT NO. NCS000455 Tf ors' KM_ i xe ^T r .. a a r , = � t Measurable Goals �� W. s MY KIYR7 s �l'R�, ,YR YR (d) Develop a Post- Develop a manual on innovative Structural and X construction BMP non-structural BMPs. manual (e) Developer Outreach Develop and implement a program for X developers on Stormwater Management and BMPs 3. Post -Construction Site Runoff Controls. (a) All development activities located with the pe square feet or more of land shall control the r rainfall to the level specified in Paragraph (b) surfaces, except for roads, paths, and water d+ 30 feet landward of all perennial and intemnit activities that meet the provisions of 15A.4NC comply with the requirements of this P,aragral (b) Structural stormwater controls criteria: Rx urisd_ictionfthat disturb 5,000 . tiiVirst one and one half inch of e, h ddition, all impervious tructures, shall be located at least e waters. Redevelopment 02(14) shall not be required to phs (a) shall meet the following (1) Remove an 85°/a average�arinual amount of Total Suspended Solids. TV (2) For wet detentIn ponds raw down the treatment volume no faster than 48 hours, but nolower than 120 hours. (3) Discharge the storagevolume at a rate equal or less than the pre -development discharge ratefor'the 1-year, 24-hour storm. (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 2H .1008(c). (c) For the purposes of this permit, a surface water shall be present if the feature is shown on 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 most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Relief from this requirement shall be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a). (f) The permittee shall require recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. (g) The permittee shall require an operation and maintenance plan that ensures the operation of the structural stormwater control measures required by the program. The operation and maintenance plan shall require the owner of each structural control to submit a maintenance inspection report on each structural stormwater control measure annually to the local program. Page 8 of 10 PERMIT NO. NCS000455 (h) In addition to the other measures required in this rule, all development activities located within the permittee's jurisdiction that disturb 5,000 square feet or more of land draining to Shellfishing (SA) waters shall: (1) Use stormwater control measures that result in fecal coliform die off and that control to the maximum extent practicable sources of fecal coliform while incorporating the requirements specified in Paragraph (b) of this Rule. (2) Prohibit new points of stormwater discharge to. SA waters or expansion (increase in the volume of stormwater flow through conveyances or increase in capacity of conveyances) of existing stormwater conveyance systems that drain to SA waters. Any modification or redesign ofra stormwater conveyance system within the contributing drainage basin must not,inc er ase tlie.ne amount or rate of V;�-3 stormwater discharge through existing outfalls to SA waters. Diffuse flow of stormwater at a non -erosive velocity to,a. vegetated buffer or other natural area =� :�v- capable of providing effective infiltration+oaf the runoff from the 1-year, 24-hour storm shall not be considered a direct pointbistormwater discharge. Consideration shall be giventsotyp� pe, vegetation, and existing hydrology when evaluating infiltrattan;effectiveness. Page 9 of 10 PERMIT NO. NCS000455 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 obJect:i�ves of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior amodification of any goals. �16"r - " a BMP�, ra,� $' 1Vleasuratile Goals�Yt r sy a r }�1'R"• '' YYR '' �yR, YR ...� ?tea 4���r�1 �t_.a. 0w �, 5i mTown �� d s dstb. . ° _u (a) BMPs for Develop a set of MBPs fot iherTawn's`U`- X Operation and operation and maintenance programnthat has Maintenance the ultimate goal of preventing or reducing If pollutant runoff from` munici al operations. (b) Inspection and evaluation Develop inventory of alllfacilities and X of facilities, operations, operations awned and operated by the and the MS4 system and *Ts �., permittee mhth'the-potential for generating associated structural polluted stormwater runoff, including the BMPs. MS4 system and�associated structural BMPs. Inspectrpotential sources of polluted runoff, the sto water controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and. document the accomplishment of corrective actions. (c) Employee training Develop and implement training to increase X stormwater awareness and the Town's o erationaI responsibilities. (d) Distribute flyer Develop and distribute flyers that describe the X describing highlights of key elements of Town's Illicit Discharge Illicit Discharge Ordinance. Ordinance (e) Information Management Develop and implement a program to locate, X identify and report stormwater Problem areas and issues. (f) Map problem areas Incorporate the information collected on the X Town's stormwater problem areas into the Town's GIS. Page 10 of 10 PERMIT NO. NCS000455 PART III PROGRAM ASSESSMENT 1. 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. 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 andTmonitoring information to the Division on an annual basis. This information will b6subn fitted by date of each year and cover the previous year's activities from Date to Date. The ittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stonnwater Plan and will include, but is not limited to�the following components: (a) The permittee will give a detailed de`scriptionn,,of"the status of implementation of the Stormwater Plan. This will"includnfo rmalion on development and implementation of all components of the Storinwater Rlan for the past year and schedules and plans for the year following each report. (b) The pernuttee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes andsow?these changes will impact the Stormwater Plan (results, effectiveness-, implemefita on schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stonnwater 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 storm sewer system, education, training and results of the illicit discharge detection and elimination program. Part III Page 1 of 2 PERMIT NO. NCS000455 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 ad, and results of the permittee's Part 1H Page 2 of 2 sess the progress PERMIT NO. NCS000455 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 address: tied to the following Department of Environment and NatdraliResources Division of Water Quality Stormwater Permitting,,Unit 1617 Mail Service Center�y Raleigh, North Carolina 27699-1617 (b) All applications, reports,sor'information subtrutted to DWQ shall be signed by a principal executive officer, ranking e cted official or duly authorized representative. A person is a duly authorized representative. only if,op- (i) The authoriz2ion is made in writing by a principal executive officer or ranking elected official: Y (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/stormwaler 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: 9 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. NCS000455 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 ernvttee shall report to the central office or the a ro Hate re ional'office an P P PP..,..� g _ y noncompliance that may constitute an imminent threat Health or the environment. Any information shall be provided orally within 24 hours from the e4 e the permittee became aware of the circumstances. A written submission shall als be prow d 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, includinglexact da es anda mes, 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 ofithe noncompliance. The Director may waive the whtten report on a case -by -case basis if the oral report has been received within 24 hours. A Y 5. Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. G. 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 W Page 2 of 2 PERMIT NO. NCS000455 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 oFpermit coverage upon renewal application. 4V., r (a) The permittee shall comply with standards or pf6hiUHions 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 p ohibitionseven if the permit has not yet been modified to incorporate the requirement , (b) The Clean Water Act provides that any,7person wlio 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 Givil1Pen�a.Ilties inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Coll'eetionkImprovement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit 0*- N' � ,N' condition is subject to crinunal 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 ubject too criminal penalties of $5,000 to $50,000 per day of rs,.� violation, or imprisonmenufor 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 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 II violations 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 II penalty not to exceed $137,500). Part V Page 1 of 6 PERMIT NO. NCS000455 3 4. R 6. 7. $. 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. 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, 143-215.613, 'fv 143-215.6C or Section 309 of the Federal Act, 33 USC 13,19. Furthermore, the permittee is responsible for consequential damages, such as fish kills" even hough,the,responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to precl the permittee from any responsibilities, liabilitie be subject to under NCGS 143-215.75 et secl,loff S Property Rights The issuance of this permil property, or any exclusive invasion of personal rights, Severability %titution of any legal action or relieve Mies to which the permittee is or may 1 of the Federal Act, 33 USC 1321, property rights in either real or personal authorize any injury to private property or any of federal, state or local laws or regulations. 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. 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. 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. Part V Page 2 of 6 PERMIT NO. NCS000455 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 planned changes or anticipate Part V Page 3 of 6 The notification of ition, PERMIT NO. NCS000455 SECTION B: OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Proper Operation and Maintenance 0� 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. Nei -di to Walt nr Rednee not a Defense It shall not be a defense for a necessary to halt or reduce th condition of this permit. Part V Page 4 of 6 have been .nce with the PERMIT NO. NCS000455 SECTION C: MONITORING AND RECORDS 3. 4. 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�'Dir cto Flow Measurements Where required, appropriate flow measurement devicesvandrifiRbods consistent with accepted scientific practices shall be selected and used to ensure>the accuracy and reliability of measurements of the volume of monitored discharges: . Test Procedures Test procedures for the analysis of�`pollutanis'shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq,liH Wateiyand 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, andLZegwilation40 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. 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; (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 pen -nit; 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. Part V Page 5 of 6 PERMIT NO. NCS000455 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 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000455 PART V1 * 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 VI Page 1 of 1 PERMIT NO. NCS000455 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay the adnunistering 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 VII Page I of I PERMIT NO. NCS000455 2. 3 4 PART VIII DEFINITIONS Act See Clean Water Act. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution be structural or non-structural and may take the form of a pro planning (see non-structural BMP). Built -upon Area ; That portion of a development project that is covered surface including, but not limited to, buildings; paver Ae lots, and paths; and recreation facilities such asAtennv a wooden slatted deck, the water area of a swtnumng paving material to the extent that the paving m teriAl through the paving material. surface waters. BMPs can vity, physical structure or iperwious or partially impervious nd � el areas such as roads, parking "Built -upon area" does not include or pervious or partially pervious Ds water or allows water to infiltrate Clean Water Act` �`'' The Federal Water Pollution Control Act; also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq_ J 101 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. Department Department means the North Carolina Department of Environment and Natural Resources Division (DWO) The Division of Water Quality, Department of Environment and Natural Resources. Part VIII Page I of 4 PERMIT NO. NCS000455 E Director The Director of the Division of Water Quality, the permit issuing authority. EMC The North Carolina Environmental Management Commission. 10. Grab Sample 11 12 13. 14. An individual sample collected instantaneously. Grab qualitatively monitored must be taken within the first 3 Hazardous Substance Any substance designated in 40 CFR Part 116 pursuan Illicit Discharge Any discharge to a MS4 that is not "0 to an NPDES permit (other than th and discharges resulting from fire;, Industrial Activity For the purposes of this in 40 CFR 122.26. be directly analyzed or 311 of the Clean Water Act. 'ely of stormwater except discharges pursuant permit), allowable non-stormwater discharges, activities shall mean all industrial activities as defined 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): i. 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 Part VIII Page 2 of 4 t PERMIT NO. NCS000455 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, 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 discliarge and only need to be IN 01 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 rcquirements and standards to direct growth to A. i� identified areas, protect sensitive areas sucmhrjyas wetlands and riparian areas, maintain and/or Ak /'mot""' rar, i;� increase open space, provide buffers along. sensitive" -water bodies, minimize impervious surfaces, and/or minimize disturbance of oils and vegetation; (2) policies or ordinances that encourage infrll development in higher density3 rl A,areas, and areas with existing storm sewer ,%. . infrastructure; (3) education programs for developers and the public about minimizing water quality impacts; (4) other measures suclyas minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thoughcoRd rgood 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. Pennittee The owner or operator issued this permit. 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. Part VIII Page 3 of 4 PERMIT NO. NCS000455 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'ne essary to reduce pollutant loads in a certain body of water to restore and maintain water�qualiystandards in all seasons. 1',zt The Clean Water Act, Section 303, establishes the wale-1-1—lity standards and TMDL programs. 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(4){I} of tHeClean Water Act. Part VIII Page 4 of 4 A'1kTTXWvAA °O lob cn MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 30, 2011 John Michaux Stormwater Manager Town of Oak Island 4601 E. Oak island Drive Oak Island, North Carolina 28465 Subject. Notice of Violation NPDES Phase II Permit NCS000518 Dear Mr. Michaux: Dee Freeman Secretary The Town of Oak Island's Phase II Stormwater Discharge Permit, NCS000518, expires May 31, 2012, The Town must submit a permit renewal application as are required no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subject to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. For your convenience I have attached hard copies of the application and the proposed draft permit. Additional information on the NPDES program is available for download at our web site at: http://portal.ncdenr.org/web/Ag/_ws/s_u/phase2 Please submit the application form by January 31, 2012. If you would also like to obtain an electronic application and the proposed draft permit, or if you have any questions, please feel Free to contact me at (919) 807-6374 or mike. randall ncdenr. ov. cc: Central Files Stormwater Permitting Unit Files DWQ Wilmington Regional Office Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919-807.64941 Customer Service: 1-877-623-6748 Internet: www,ncwaterquality.org An Equal Opporlunily 4 Afrirmalive Action Employer Sincerely, Q� Mike Randall Division of Water Quality Stormwater Permitting Unit i None rthCarolina Naturally