NCS000484_Salisbury MS4 NOV-2020-PC-0057_20200224

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Adult Signature Restricted Delivery $ _
City oi 5f'.I!sbury � +
Attention: 1,V. .:are ljtllicy, City 'Manager
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
City of Salisbury
Attention: W. Lane Bailey, City Manager
132 North Main Street
Salisbury, North Carolina 28144
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NORTH CAROLINA
Environmental Quality
February 21, 2020
7016 1370 0000 2591 9861
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0057)
City of Salisbury
NPDES MS4 Permit No. NCS000484
Rowan County
Dear Mr. Bailey:
On October 14, 2019 staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the City of Salisbury 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 Salisbury 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) 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 is enclosed with this letter. An original signed document
must be submitted to DEQ.
/ North Carolina Departrnent of Environmental Quality I Division of Energy, Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704-663-1699
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Notice of Deficiency
City of Salisbury
February 21, 2020
Page 2 of 3
(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 Section D: Illicit Discharge Detection and Elimination; Section E:
Construction Site Runoff Controls; 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 including, at a minimum, the items detailed in the
DEQ MS4 Program Audit Report and the City of Salisbury self -audit.
(4) 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.
(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.
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 — DEMLR Mooresville Regional Office,
Attn: Jeannette Powell Attention: Zahid Khan, Regional Engineer
1612 Mail Service Center 610 East Center Avenue, Suite 301
Raleigh, NC 27699-1612 Mooresville, NC 28115
If the City of Salisbury 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 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.

Notice of Deficiency
City of Salisbury
February 21, 2020
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact Zahid Khan at (704)
663-1699 or Zahid.Khan(dncdenr.aov.
Sincerely,
r
Zahid Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (October 14, 2019, City of Salisbury)
Copy of NPDES MS4 Permit No. NCS000484
Sample Council Resolution
em: Annette Lucas, PE, Supervisor Storm Water Program, DEMLR (via e-mail, w/o attachment)
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