NCS000488_Valdese DEQ SWMP Comment Letter_20200504

April 22, 2020

CERTIFIED MAIL 7019 1120 0000 5077 2008
RETURN RECEIPT REQUESTED

Town of Valdese
Attn: John F. Black, Jr., Mayor
Post Office Box 339
Valdese, NC 28690

Subject: ADDITIONAL INFORMATION REQUEST (NOV-2019-PC-0182)
Town of Valdese
NPDES MS4 Permit No. NCS000488
Burke County

Dear Mayor Black:

This letter is to inform you that the Draft Stormwater Management Plan (SWMP) that the North Carolina
Department of Environmental Quality (DEQ) received on September 30, 2019 is insufficient to comply
with state and federal requirements for the Municipal Separate Storm Sewer System (MS4) Permitting
program. Furthermore, the Draft SWMP does not meet state and federal MS4 Permit requirements and,
as such, is an insufficient response to the Notice of Violation (NOV) that DEQ issued to the Town on
May 29, 2019.

The US Environmental Protection Agency (EPA), in MS4 General Permit Remand Rule (December 9,
2016), requires that permit provisions for the six minimum 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 compliance with the MS4 Permit. The Town
of Valdese’s Draft SWMP is insufficient because it contains many Measurable Goals that are not
clear, specific and measurable. Providing a compliant SWMP within the timeframes stated in this
letter is required to resolve the subject NOV.

As the EPA’s delegated permitting authority, DEQ determines whether a SWMP meets the requirements
of the National Pollutant Discharge Elimination System (NPDES) rules and MS4 Permit requirements.
Permittees are solely responsible for compliance with their MS4 Permits, and DEQ is committed to
assisting MS4 permittees in reaching this goal as much as possible.

To assist the Town in addressing the deficiencies in its current Draft SWMP, DEQ is providing an
additional thirty (30) days to revise and resubmit the SWMP, as well as technical resources and general
comments for your reference in developing a compliant SWMP.

Technical resources for developing a compliant SWMP are accessible through the DEQ Stormwater
Program web page at https://deq.nc.gov/sw and include:

1. General SWMP Guidance: This is a new document that outlines appropriate types of BMPs,
measurable goals, and reporting metrics. This document is available in the online Phase II MS4
Toolbox located on the NPDES MS4 Permitting Forms, Tools & Resources page.
2. Example Approved SWMP: There is a DEQ-approved SWMP that can serve as an example of
the level of detail and specific, measurable, achievable, reasonable, and timely (SMART)
commitments that are required in the Draft SWMP. The SMART obligations should clearly
detail the steps to achieve permit compliance. The example Approved SWMP can be accessed
through the online Stormwater Program Laserfiche Repository by searching permit number
NCS000397 to locate the City of Newton’s Approved SWMP. Please keep in mind that every
MS4 has different compliance deficiencies to address, and the City of Newton’s SWMP was
approved to bring their program into compliance. The Town of Valdese’s Draft SWMP must
specifically address Valdese’s noted compliance deficiencies.
3. Interim SWMP Template Instructions: The instructions include an appendix of specific
examples. This document is available in the online Phase II MS4 Toolbox located on the
NPDES MS4 Permitting Forms, Tools & Resources page.

In addition to these technical resources, DEQ offers the following general comments on the Town’s
September 27, 2019 Draft SWMP:

1. Provide sufficient detail in the Measurable Goals (MGs) to define specific commitments, or steps,
to achieve full compliance at the end of permit year 5. For the level of detail required and
appropriate entries, please refer to the technical resources listed above. The MGs are the specific
steps that the permittee will complete in order to gain compliance. Think of the MGs as a road
map to compliance, or a checklist of “to do” items which must be specific and measurable.
Please note that the MGs are technically permit requirements and the permittee is accountable for
implementation and demonstrating compliance with all commitments made. Where items are
used to meet more than one requirement, cross-referencing rather than duplicating can greatly
reduce the reporting and audit burden on a permittee.
2. Provide brief annual reporting metrics and DEQ will request supporting documentation as needed
to evaluate compliance. The MS4 should maintain appropriate supporting documentation on file.
Do not provide documentation or other information in the reporting metrics columns.
3. The SWMP template is designed to compile the information into an annual reporting compliance
question: Did the city complete the {MG} in {schedule for implementation}? Y/N and Status, or
a specific quantity.
4. The Town’s Draft SWMP includes MGs to develop plans that the compliance audit indicates are
already in place. If new plans are to be developed, the MG must include submittal to DEQ for
approval prior to implementation.
5. Western Piedmont Council of Governments (WPCOG) included many similar SWMP
requirements in the Draft SWMPs for each of the six NCS000474 co-permittees. These
commitments have since been updated through multiple revisions, with the most recent DEQ
letter being issued on April 8, 2020. Please update all WPCOG items accordingly. [Note: The
specific letters sent to the NCS000474 permittees can be accessed through the online Stormwater
Program Laserfiche Repository.]
6. Please also note that there is a new permit requirement for low-density projects that must be
adequately addressed in the Draft SWMP [Permit Ref. 3.6.4(d)]. It is strongly recommended that
the permittee think through how low density inspections will be performed and how enforcement
will be carried out. The ordinance(s) must provide adequate authority, and the City must
demonstrate or develop adequate resources and tools for implementation.

7. The Draft SWMP does not address the key deficiencies from the October 3, 2018 compliance
audit. In general, a compliance deficiency is denoted as a “No” or “Partial” in the DEQ MS4
Program Inspection Report. Key deficiencies include, but are not limited to:
a. Dry weather screening of outfalls.
b. Enforcement of IDDE program.
c. Standardized documentation and tracking.

8. Review the entire document for spelling, accuracy, unnecessary duplication, and provide
appropriate BMP cross-references.

Under the current DEQ Stormwater Program COVID-19 state of emergency policy, the Town has thirty
(30) calendar days from the termination of the Governor’s March 10, 2020 stay-at-home order to provide
DEQ with a complete, compliant and approvable Draft SWMP.

The required revised Draft SWMP v2 submittal must also include an electronic Word document in Track
Changes format, and a hard copy with a certifying statement and original “wet” signature by the Town’s
ranking elected official or designated Town staff member in compliance with Part IV, paragraph G of the
Town’s current MS4 Permit. The revised Draft SWMP v2 shall be submitted to:

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

If the Town fails to fully address the comments provided above, and/or submits another
significantly deficient Draft SWMP, then DEQ will return the document as incomplete and proceed
with enforcement.

Please also note that compliance with the requirements of the DEQ NOV-2019-PC-0182 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 City at any time. Should you have any questions, please contact
me at [e-mail].

Sincerely,

Jeanette Powell, CPSWQ
MS4 Program Coordinator

cc: Mike Mitchell, EPA Stormwater Enforcement
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Stan Aiken, Asheville Regional Office
Isaiah Reed, Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File
Alison Adams, WPCOG