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Home My WebLink AboutNCS000435_Asheville SWMP Submittal Extension_202008071 Powell, Jeanette From:Powell, Jeanette Sent:Friday, August 7, 2020 9:28 AM To:Keisha Lipe Cc:adeyton@ashevillenc.gov Subject:RE: [External] SWMP Extension Request Keisha and Amy, DEQ is hereby granting a 45‐day extension for the City of Asheville’s Draft SWMP submittal under NOD‐2019‐PC‐ 0017. The new deadline for SWMP submittal is Friday, September 25, 2020. This extension is granted in response to a recently discovered DEQ MS4 program issue that will require a significant revision to the city’s Draft SWMP. A summary of Asheville’s current status is provided below. MS4 NAME PERMIT NO. AUDIT DATE ACTION CASE STATUS CASE NO. NOV REC'D DATE RESPO LETT RECE Asheville NCS000435 09/27/18 NOD OPEN NOD-2019-PC- 0017 01/28/19 02/21 Best Regards, J Jeanette Powell, CPSWQ, CPESC MS4 Program Coordinator 919‐707‐3620 Jeanette.Powell@ncdenr.gov North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 6th Floor 1612 Mail Service Center Raleigh, NC 27699‐1612 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://deq.nc.gov/sw From: Keisha Lipe [mailto:klipe@ashevillenc.gov] Sent: Thursday, August 6, 2020 4:54 PM To: Powell, Jeanette <Jeanette.Powell@ncdenr.gov> Cc: adeyton@ashevillenc.gov Subject: [External] SWMP Extension Request 2 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Jeanette - Thank you for the update and clarification. Enlight of this change we would like to request a minimum of 60 days (Oct 9th) to update our SWMP. We are requesting this additional time for the following reasons:  Staff needs sufficient time to revisit all our BMP measures and update each of the implementation schedules to assure we can comply;  The Public Works Department Director will need to review the new changes;  The City Manager's Office will need to review the new changes; and  Because the Annual Report is due October 31st staff will also be spending time in the coming weeks to complete this report and submit by the deadline. Thank you for your consideration and please let me know if you have any questions or need additional information. Keisha Lipe Stormwater Quality Specialist PO Box 7148, Asheville, NC 28802 klipe@ashevillenc.gov Office: 828.259.5401 | Cell: 828.989.1603 On Thu, Aug 6, 2020 at 12:03 PM Powell, Jeanette <Jeanette.Powell@ncdenr.gov> wrote: Hi Keisha, I have confirmed that DEQ will be implementing the FY approach that we discussed this morning. The MS4 permit will be issued following the public notice, with an effective date of January 1. The old permit will remain in effect until the effective date of the new permit and the SWMP commitments should begin on January 1 (although there is no penalty for early completion since it will still fall in the same reporting year). Please update the Draft SWMP accordingly. If you need additional time to complete those changes, please send me an extension request email with a specific date. Again, thank you for bringing this programmatic issue to light. 3 Thanks and have a great day, J Jeanette Powell, CPSWQ, CPESC MS4 Program Coordinator 919-707-3620 Jeanette.Powell@ncdenr.gov North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 6th Floor 1612 Mail Service Center Raleigh, NC 27699-1612 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://deq.nc.gov/sw From: Powell, Jeanette Sent: Thursday, August 6, 2020 9:46 AM To: klipe@ashevillenc.gov Subject: MS4 Permit Issue Importance: High Keisha, Thank you for the call this morning, I am so glad you raised this issue. I’m going to get confirmation on what we discussed, so please wait until you hear back from me to make any 4 SWMP adjustments. The issue you raised is critical to the entire program, so we need to make sure management and EPA are on board. We can extend the submittal deadline if needed. I hope to get back to you today. In summary, the issue is: SWMP commitments (permit year) may not synch with reporting commitments (fiscal year) once the permit is issued. This makes it difficult to demonstrate compliance with PY commitments through the FY annual report since many PY 1 activities may not be done by the end of the FY reporting cycle. The proposed solution is to issue the permit following public notice, but make the permit effective on Jan. 1. Accordingly, the SWMP would include FY 1 – 6 activities, with FY 1 being only 6 months (Jan. 1 – June 30) and FY 6 being only 6 months (July 1 – Dec. 31) to encompass the entire 5 year permit term. If I missed anything, please let me know asap. Thanks, J Jeanette Powell, CPSWQ, CPESC MS4 Program Coordinator 919-707-3620 Jeanette.Powell@ncdenr.gov North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 6th Floor 1612 Mail Service Center Raleigh, NC 27699-1612 5 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://deq.nc.gov/sw