NCS000518_Navassa NOV-2020-PC-0006_20200121

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 6, 2020
CERTIFIED MAIL 7019 1120 0000 5077 1285
RETURN RECEIPT REQUESTED
Town of Navassa
Attn: Eulis A. Willis, Mayor
334 Main Street
Navassa, NC 28451
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0006)
Town of Navassa
NPDES MS4 Permit No. NCS000518
Brunswick County
Dear Mayor Willis:
On December 9, 2019, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the Town of Navassa (Town) National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4)
Permit. For your reference, a copy of the MS4 Program Audit Report issued by DEQ is enclosed
with this notice. This report lists and describes the Town's deficiencies with components of the
MS4 permit, which constitutes a violation of the Clean Water Act and is grounds for
enforcement action.
In accordance with Part VI of the permit, this Notice of Violation, and DEQ policy; a new 5-year
MS4 permit will be issued in response to the compliance audit. The Town is required to
complete the following actions in order to comply with this Notice of Violation:
(1) Respond in writing within thirty (30) calendar days from the date of receipt of this
notice to acknowledge these requirements and the intent to comply.
(2) Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of
this notice. The resolution must declare support for a compliant stormwater
management program. A sample council resolution with the minimum requirements has
been provided via e-mail and is available on the DEQ Stormwater Program web page.
An original signed document must be submitted to DEQ.
rvwxm curo�DFQ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707.9200

(3) Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part II Section B: Public Education and
Outreach; Section C, Public Involvement and Participation; and Section E:
Construction Site Runoff Controls. The self -audit must be documented utilizing
the DEQ standard MS4 Permit Compliance Audit Report Template. A self -audit
template with the minimum requirements has been provided via e-mail and is
available on the DEQ Stormwater Program web page.
b. Develop a Draft Stormwater Management Plan (SWMP) which details specific
actions, measurable goals, and implementation timelines to bring the stormwater
management program into compliance with NPDES MS4 requirements over the
new 5-year permit term. The SWMP must be documented utilizing the DEQ
Phase II MS4 SWMP Template. The SWMP template with the minimum
requirements has been provided via e-mail and is available on the DEQ
Stormwater Program web page. The SWMP must address all known compliance
deficiencies including, at a minimum, the items detailed in the DEQ MS4
Program Audit Report and the Town's self -audit.
(4) Submit anNPDES MS4 permit application within thirty (30) days of receiving written
DEQ concurrence that the submitted Draft SWMP documents a compliant stormwater
management program. The permit application form will be provided with the notice to
submit and is available on the DEQ Stormwater Program web page. A new 5-year
NPDES MS4 permit will be public noticed along with the submitted SWMP.
(5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell, MS4 Program Coordinator
1612 Mail Service Center
Raleigh, NC 27699-1612
If the Town fails to meet the aforementioned requirements and/or submits a significantly
noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section
A.1(c) of the permit:
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 [North Carolina
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General Statute 143-215.6AJ. Please note that compliance with the requirements of this
NOD and/or issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying out its own enforcement case against the permittee.
Thank you for your attention to this matter. Should you have any questions, please contact me at
[phone] or Jeanette.Powell(a)mcdenr.gov.
Sincerely,
J a ette Po ell, MS4 Program Coordinator
Division of Energy, Mineral and Land Resources
cc: Barnes Sutton, Navassa Stormwater Program Administrator
Annette Lucas, Stormwater Program Supervisor
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File
Enclosures:
DEQ MS4 Program Audit Report (01/06/2020, Town ofNavassa)
Documents via Email:
Copy ofNPDES MS4 Permit No. NCS000518
Sample Council Resolution
Self -Audit Template
SWMP Template
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