NCS000504_TOFV NOV Signed_20200529

ROY COOPER
Govctnur
MICHAEL S. RECAN
Serrelat),
BRIAN WRE-NN
Actin Uirecror
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2235 5259
Town of Fuquay Varina
Attn: Adam Mitchell, Town Manager
134 N. Main Street
Fuquay-Varina, NC 27526
NORTH CAROLINA
Environmental Quality
May 29, 2020
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0262)
Town of Fuquay-Varina
NPDES MS4 Permit No. NCS000504
Wake County
Mr. Mitchell:
On December20, 2019, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the Town of Fuquay-Varina National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4)
Pen -nit. 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 Town 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.
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(4) A sample council resolution with the minimum requirements is enclosed with this letter.
An original signed document must be submitted to DEQ.
(5) 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 F: Post -
Construction Site Runoff Controls; 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 tenn. The SWMP must be documented utilizing the DEQ
Phase 11 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 Town of Fuquay-Varina self -audit.
(6) 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.
(7) 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 thad.valentine cr,ncderingov, and to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27669
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 pen -nit:
UJJder state law, a daily Cillil pelJalty Of not nIOJ"e tIJaJ1 ttitG'IJiy five tho sand dollars
($25,000) pei- violation may be assessed against any person who violates oJ"fails to act in
accordance with the terms, conditions, or requirements of a permit [North Carolina
General Stalttte 143-215.6A]. Please note that compliance with the requirements of this
NOD andfor issuance of cJllll or criminal penalties levied by DEO does not pi-eclude the
EPA,fJ•oni carrying out its own egforcenlent case against the permittee.

Thank you for your attention to this matter. Should you have any questions, please contact Thad
Valentine at [phone] or thad.valentineRncdenr.aov.
Sincerely,
William H. Denton, 1V, PE
Regional Engineer - RRO
Division of Energy, Mineral, and Land Resources
Enclosures: DEQ MS4 Program Audit Report (05l I9i2020 Town of Fuquay-Varina)
Copy of NPDES MS4 Permit No. NCS000504
Sample Council Resolution
cc: tstephenson cr fuquay-varina.arg
imitchell wfuquay-varina.org
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stonnwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File