NCS000410_Clemmons Insufficient Response Letter_20200617

June 17, 2020

CERTIFIED MAIL 7008 1300 0000 1125 9515
RETURN RECEIPT REQUESTED

Village of Clemmons
Attn: Scott Buffkin, Town Manager
3715 Clemmons Road
Clemmons, NC 27012

Subject: INSUFFICIENT RESPONSE TO NOTICE (NOC-2019-PC-0822)
Village of Clemmons
NPDES MS4 Permit No. NCS000410
Forsyth County

Dear Mr. Buffkin:

On July 16, 2019, the North Carolina Department of Environmental Quality (DEQ) audited the Village of
Clemmons (Village or VoC) for compliance with the subject National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. As a result, a Notice of
Compliance (NOC) was issued to the Village on August 22, 2019. The NOC defined specific document
submittals and deadlines necessary to maintain compliance status. The required NOC response letter and
Draft Stormwater Management Plan (SWMP) were submitted by VoC to DEQ in a timely manner, and
were received on November 20, 2019. This letter is to inform you that the submitted Draft SWMP
does not meet state and federal MS4 requirements and, as such, is an insufficient response to the
referenced notice.

The US Environmental Protection Agency (EPA), in MS4 General Permit Remand Rule (December 9,
2016), requires that provisions for the MS4 six minimum control measures be “clear, specific, and
measurable.” Measurable Goals (MGs) in a SWMP are technically permit requirements that the permittee
is legally required to both implement and document. In other words, MGs must be a clear, specific and
measurable checklist of tasks that the permittee will complete to achieve and maintain compliance with
the MS4 Permit. The submitted Draft SWMP is insufficient because it contains many items that are
incomplete or are not clear, specific and measurable.

The VoC must submit a complete Draft SWMP to DEQ within thirty (30) calendar days of receipt
of this letter in order to maintain its compliance status. If the VoC fails to meet the aforementioned
requirements and/or submits another significantly deficient Draft SWMP, then DEQ may proceed
with enforcement. Please note that MS4 compliance deadlines are currently subject to the conditions
provided in the attached March 17, 2020 Memorandum, as well as any subsequent memorandums issued
by DEQ that may rescind or revise those conditions. Please also note that any enforcement by DEQ does
not preclude the EPA from carrying out its own enforcement action against the VoC at any time.

To assist the VoC in addressing the deficiencies in the Draft SWMP dated September 26, 2019, DEQ is
providing some brief preliminary comments, as well as references for technical resources and guidance.
Please note that the comments provided below do not preclude additional comments or requests for
information.

General Comments
1. Please see the General SWMP Guidance on the DEQ MS4 web page for help in developing
compliant SWMP commitments. All commitments in an approved SWMP are a component of
the enforceable MS4 Permit.
2. Each Measurable Goal is required to have a schedule for implementation. Appropriate schedules
consist of a frequency and the permit years in which the MG activity will occur. A schedule of
“As Needed” is an insufficient response in all instances.
3. It is only necessary to list and report on an activity once. Rather than repeat the language, and
create additional reporting burdens for the VoC, please provide appropriate cross-references if the
same BMP or MG is used to meet multiple permit conditions. DEQ encourages all MS4s to
implement efficient programs, and to thoroughly consider the implementation and funding of all
commitments.
4. In many instances, the provided Annual Reporting Metric(s) are descriptions of the BMP or MGs
and are listed in the incorrect column.

Specific Comments
1. Table 5: Remove NCS000410 and SW4180601. These are municipal and post-construction,
stormwater permits, respectively, and are not industrial stormwater permits.
2. Table 5: Most MS4 permitted entities own and operate municipal facilities that require industrial
stormwater permits, and these permits should be listed in this table. If uncertain of industrial
permitting status, VoC may contact the DEQ regional office for assistance in determining
whether any industrial stormwater permits are required for VoC municipal facilities.
3. Section 3.8, last paragraph: Describe how non-stormwater discharges that contain detergents
were evaluated and what the specific findings were.
4. Table 7: Add car washing as a likely source of detergents and street wash water as a likely source
of solids unless the response to comment 2 above demonstrates otherwise.
5. Section 4.3: Describe or provide the specific April 1, 2003 legal mechanism delegating
construction site runoff controls to the City of Winston-Salem (VoC ordinance, executed
memorandum of agreement, council resolution, contract, etc.). The statement on page 16 of the
submitted SWMP does not provide sufficient legal authority. If the legal agreement expires/is
renewable, then any renewal that would occur during the next permit term must be included as a
specific Measurable Goal under the construction site runoff control section.
6. BMP 23 and 26 / Stormwater Hotline: DEQ has established that a rapid response is necessary to
identify and confirm reported illicit discharges. Please provide appropriate MGs to ensure rapid
response and investigation of hotline reports.
7. Table 19: The adoption date for each applicable ordinance reference is required. “Sections
Vary” is an insufficient response.
8. BMP 35: The facility inspection MG is listed as annual, but the associated schedule for
implementation is listed as quarterly. Please resolve the discrepancy.
9. BMP 37.B.2 and 46: Provide additional MGs to clarify and define this commitment, and resolve
all blanks.
10. BMP 39: Spill response procedures must be facility/site specific. Please clarify accordingly.
11. BMP 47.C.1: The specifics noted are best defined in a Standard Operating Procedure or
Operation and Maintenance Plan rather than in the SWMP itself. This provides flexibility for the

MS4 rather than having to meet these exact requirements in order to maintain compliance with
the permit. If the information is provided in a separate document, reference that document in the
BMP. Language such as “…will be implemented in accordance with the <document name and
date>…” is appropriate.

Technical Resources and Guidance
1. The DEQ NPDES MS4 Permitting Forms, Tools & Resources web site contains a wealth of
information, including general SWMP guidance and SWMP Template instructions.
2. The City of Newton’s SWMP for permit number NCS000397 has been approved by DEQ and
can be viewed as an example. This document can be downloaded from the Stormwater Program
Laserfiche Repository.

The required Draft SWMP submittal must include a certifying statement and original “wet” signature by
the VoC’s ranking elected official or designated VoC staff member in compliance with Part IV, Paragraph
G of the current MS4 Permit. Please submit the required Draft SWMP to:

DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or [e-mail].

Sincerely,

Jeanette Powell, CPSWQ
MS4 Program Coordinator

w/attach

Cc via email:
Mike Mitchell, EPA Stormwater Enforcement
Ahmad Dromgoole, EPA Stormwater Enforcement
Annette Lucas, DEMLR Stormwater Program Supervisor
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Tamera Eplin, Winston-Salem Regional Office
DEMLR NPDES MS4 Permit Laserfiche File
[e-mail]
[e-mail]