NCS000435_Asheville_DEQ SWMP Comment Letter_20200422

April 22, 2020

CERTIFIED MAIL 7019 1120 0000 5077 1995
RETURN RECEIPT REQUESTED

City of Asheville
Attn: Debra Campbell, City Manager
P.O. Box 7148
Asheville, NC 28802

Subject: Comments on Draft SWMP (NOD-2019-PC-0017)
City of Asheville
NPDES MS4 Permit No. NCS000435
Buncombe County

Dear Ms. Campbell:

On September 27 and 28, 2018, the Environmental Protection Agency (EPA) audited the City of
Asheville (City) for compliance with the subject permit. As a result, the North Carolina Department of
Environmental Quality (DEQ) issued a Notice of Deficiency (NOD) to the City on January 24, 2019. The
NOD defined specific document submittals and deadlines, which have been provided in a timely manner.

DEQ received the required Draft Stormwater Management Plan (SWMP) submittal for NOD-2019-
PC0017 on July 26, 2019. DEQ staff provided comments on August 5, 2019 and the City responded with
a revised Draft SWMP on September 4, 2019. Staff have reviewed the revised Draft SWMP dated
September 4, 2019 and request that the following comments be addressed in a final Draft SWMP,
to be submitted to DEQ within thirty (30) calendar days of receipt of this letter.

Specific Comments

1. BMP 5: Clarify whether new employees are only trained quarterly or as they are brought on. If
onboarding training occurs as new employees enter service, please revise the schedule for
implementation.
2. BMP 6.B.1: Split this measurable goal into two measurable goals: (1) train, and (2) distribute.
3. BMP 8: Specify a minimum number of events.
4. BMP 9: Include topic as a reporting metric.
5. BMP 12.D.2: Revise wording “…discussed, and number of attendees.”
6. BMP 14.D.1: Revise wording “…number of stormwater service requests received and
addressed.”
7. BMP 15.B.1: Revise wording “…meetings for capital improvement projects.”
8. BMP 15.D.1: Revise wording “…, and number of attendees present.”

9. BMP 18.D.1: Clarify whether entire streams are adopted or if a specific stretch of stream is
adopted. If the latter, please report stream miles adopted.
10. BMP 20.D.2: Change reporting metric to either (1) submit the four year plan to DEQ and include
measurable goals in a BMP table format, or (2) report the percent of system mapped and number
of major outfalls mapped.
11. BMP 21.D.1: Change reporting metric to number of capital improvement projects incorporated
into MS4 mapping.
12. BMP 22.D.1: Change reporting metric to Yes/No and Status.
13. BMP 23.D.1: Change reporting metric to number of projects completed and number of outfalls
added.
14. BMP 25.B.1: Split into two measurable goals; (1) establish, and (2) update.
15. BMP 26.C.5: Revise wording “Permit Year 4 – 5”
16. BMP 27.C: Fix numbering error and revise wording in C.4 to “Permit Year 4 – 5”.
17. BMP 28: Fix numbering error in C.3 and add a measurable goal for implementation in years 4 -5.
18. BMP 29: Clarify if the spreadsheet is only for complaints, or if it will include overall tracking
including staff identified illicit discharges. Revise wording in D.1 “…complaints received,
detected, confirmed and addressed resolved.”
19. Add or revise BMP(s) regarding who will proactively seek out, investigate, and enforce illicit
discharges.
20. BMP 31 and 32: Add a reporting metric of Yes/No and Status for phone number established.
21. BMP 35: Revise wording “…service requests received and addressed.”
22. Page 37: Are RiverLink volunteers qualified to perform SCM inspections? Please clarify.
23. Page 37: Describe the “Best Management Practices…associated with street sweeper activities.”
This was an item of particular interest during the compliance audit.
24. Page 37: Please list the facility name and associated general permit number(s) for any municipal
facilities that hold a stormwater permit.
25. BMP 45.C.5: Revise wording “Permit Year 4 – 5”.
26. BMP 43.B.2: Clarify what the inventory list will be reviewed and updated for (new facilities?).
27. BMP 43.D.1: Revise wording “Document and report the dates number of evaluations were
performed and a list number of the facilities determined to be included.”
28. BMP 44: Facility inspections should be performed once per permit term (every 5 years) for every
municipal facility and annually for those identified as having exposure/pollution potential.
29. BMP 47.D.1: The reporting metric should be only Yes/No and Status.
30. BMP 50.D: Include a summary of the number and type of municipal SCMs inventoried.
31. BMP 51.B.1: Revise wording “Perform inspections of all municipal SCMs…”
32. BMP 51.D.1: Clarify how “actions needed” will be reported.
33. BMP 53.B.2: Revise wording “Train staff…permit and the facility’s SPPP.”
34. BMP 53.D.1: Also include the number of facilities with industrial permits. See also comment
number 25 above.

35. BMP 55: Proper disposl of collected washwaters and solids was a key compliance audit item.
Please separate this measurable goal out. See also comment number 24 above.
36. BMP 57.C.2: Clarify if this activity will occur bi-weekly all year long or just seasonally.

General Comments
1. For items that already exist, the repetitive schedule for implementation language “continuously
from date of initial…” should be revised to either (1) list the live date, or (2) change the wording
to just “Continuously” for items that are to be maintained. See BMPs 10, 11, 13, 14, 29, 34, 35,
47.
2. Cross-reference BMPs that are used under more than one permit conditions to streamline the
reporting and compliance process. It is only necessary to report an activity one time. Rather than
repeat the wording, provide cross-references if the same BMP or MG is used to meet other permit
conditions. See BMPs 13 (Ref. 11), 16 (Ref. 9), 31 (Ref 11 and/or 29.D.1), 32 (Ref 29.D.1), 33
(Ref 11), 36 (Ref 32?), 40 (Ref 39.D.1).

Recommendations
1. Section 3.8, last sentence: Revise wording “… pollutants are provided in Parts 5 of this SWMP.”
2. Part 8, last sentence under Formal Plan Reviews: Revise wording “…greater than once one
acre.”
3. Permit Ref. 4.1.3 on page 35: Remove red italicized instructions.
4. BMP 47.B.1: Revise wording “…procedures that is are included…”
5. BMP 46.B.2: Revise wording “Perform staff spill training for staff at…” and delete permit
reference (only BMP references are appropriate).
6. BMP 48.B.1: Revise wording “Performing staff training…”
7. BMP 49.D.3: Consider reporting the number of high and low priority activities.

The required revised Draft SWMP v3 submittal must include an electronic Word document in Track
Changes format, and a hard copy with a certifying statement and original “wet” signature by the City’s
ranking elected official or designated City 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
MS4 Program Coordinator

Cc via email:
Mike Mitchell, EPA Stormwater Enforcement
Annette Lucas, Stormwater Program Supervisor
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Stan Aiken, Asheville Regional Office
Isaiah Reed, Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File
[e-mail]
[e-mail]