NCS000421_High Point NOD-2019-PC-0205_20200128

ROY COOPER
January 22, 2020
CERTIFIED MAIL: 7017 1450 0001 01945 0793
RETURN RECEIPT REQUESTED
City of High Point
ATTN: Robby Stone, Public Services Assistant Manager
211 South Hamilton Street
PO Box 230
High Point, NC 27261
Subject : NOTICE OF DEFICIENCY (NOD-2019-PC-0205)
City of High Point
NPDES MS4 Permit No. NCS000421
Guilford, Randolph, Davidson, & Forsyth Counties
Dear Mr. Stone:
On August 19th and 20th, 2019, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the City of High Point 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 serious deficiencies with certain
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 and DEQ policy, a new 5-year MS4 permit will be issued in response to the
audit. To address the MS4 permit deficiencies, the City of High Point is required to complete the following actions:
(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) 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; Section D: Illicit Discharge Detection and Elimination; Section H: Total Maximum Daily
Loads. The self -audit must be documented utilizing the DEQ standard MS4 Permit Compliance Audit
Report Template.
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 must address all known compliance deficiencies
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
r Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
0�. � ' 336-776-9800

Notice of Deficiency
City of High Point
January 22, 2020
Page 2 of 2
including, at a minimum, the items detailed in the DEQ MS4 Program Audit Report and the City of High
Point self -audit.
(3) Submit an NPDES MS4 permit application within thirty (30) days of receiving written DEQ concurrence that the
submitted Draft SWMP documents a compliant stormwater management program. A new 5-year NPDES MS4
permit will be public noticed along with the submitted SWMP.
(4) 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.
It is preferred that required documentation be submitted via e-mail to [e-mail] and
[e-mail]. If it is necessary to mail hard copies, please mail one copy to each of the following
addresses:
DEQ-DEMLR Stormwater Program DEQ — Winston-Salem Regional Office, LQS
Attn: Jeannette Powell Attn: Tamera Eplin, P.E.
1612 Mail Service Center 450 Hanes Mill Road, Suite 300
Raleigh, NC 27699-1612 Winston-Salem, NC 27105
If the City of High Point 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. I(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 apermit [North Carolina General Statute 143-215.6A]. 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 Brandon Wise at (336) 776-
9800 or [e-mail]
Brandin ise
Stormwater Specialist
Division of Energy, Mineral and Land Resources
Sincerely,
Tamera Eplin, E
Regional Engineer
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (11/22/2019, City of High Point)
Copy of NPDES MS4 Permit No. NCS000421
cc: Jeanette Powell, DEMLR MS4 Program Coordinator (via e-mail, w/o attachment)
Alaina Morman, DEMLR Stormwater Compliance & Enforcement (via e-mail, w/o attachment)
DEMLR NPDES MS4 Permit Laserfiche File