NCS000424_Fletcher 2020 Annual Report Letter_20200930

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ROD A. WHITESIDE
MAYOR
MARK E. BIBERDORF
TOWN MANAGER
September 30, 2020
Jeanette Powell, CPSWQ, CPESC
MS4 Program Coordinator
512 N. Salisbury St., 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Annual Report for Fletcher, NC -- NCS000424
Dear Mrs. Powell:
COUNCIL MEMBERS:
SHEILA FRANKLIN
PRESTON BLAKELY
ROBERT DAVY
EDDIE HENDERSON
This letter is to serve as the Town of Fletcher's annual report which is typically due in the Fall. As per
your email instructions dated July 14, 2020, you had indicated that if a municipality was audited in the
2019-2020 fiscal year, that we could provide a one page report providing the status of the compliance
audit.
Fletcher was audited in July of 2020, and subsequently received Notice of Violation on July 20, 2020. So
far the Town has submitted the required acknowledgement of the NOV, as well as the required Council
resolution affirming the Town's intent to implement a compliant program (copies attached). The Town is
currently working with the engineering firm McGill Associates on our new draft SWMP, which we will be
required to submit by November 19, 2020. We are also required to provide a self audit specifically on
the "post construction" minimum measure, which will be submitted along with the draft SWMP.
Following approval of the draft SWMP by DEQ, we will have our Council approve the draft and await
receipt of our next 5 year permit from the State.
Please feel free to contact me at either e.rufa@tletchernc,o.r� or [phone] should you have any
questions or need any additional information regarding this matter. Thank you very much for working
with us.
Sincerely,
-Eric Rufa, Planning
Town of Fletcher
Cc: Mark Biberdorf, Town Manager
"This Institution is an equal opportunity provider"
300 Old Cane Creek Road, Fletcher, NC 28732
[phone] [phone] fax
www.fletchernc.org

ROD A. WHITESIDE
MAYOR
MARK E. BIBERDORF
TOWN MANAGER
July 21, 2020
DEQ- DEMLR Stormwater Program
COUNCIL MEMBERS:
SHEILA FRANKLIN
PRESTON BLAKELY
ROBERT DAVY
EDDIE HENDERSON
P`I
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Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, NC 28778
Re: Notice of Violation —Town of Fletcher (MS4 Permit# NCS000424)
Dear Mr. Reed:
This letter is to follow up on NCDEQ's audit of the Town of Fletcher on July 16, 2020, and subsequent
receipt of the official Notice of Violation that we received on July 20, 2020.
This letter is to acknowledge receipt of the Notice and to state the Town's intention to bring the
program into compliance.
I will be communicating with our Town Manager (copied) and with the Fletcher Town Council regarding
this matter, and we should have no problem submitting the required Council resolution (hopefully
following our August 10 Council meeting, but certainly no later than the September 14 meeting should
they require additional discussion).
Additionally, we are poised to immediately commence work with our consulting engineering firm, McGill
Associates, on the drafting of the required Stormwater Master Plan (SWMP).
Should you have additional comments or questions, please contact me at either [phone] OR
email at [e-mail]. Thank you very much for your assistance the other day.
Sincerely,
Eric Rufa, Planning Director
Town of Fletcher
Cc: Mark Biberdorf, Town Manager
Michael Hanson, PE, LEED AP, McGill Associates
"This Institution is an equal opportunity provider"
300 Old Cane Creek Road, Fletcher, NC 28732
[phone] [phone] fax
www.fletchernc.org

R-20-04
C,Z:Z)
Resolution Affirming the Town of Fletcher Council's Support Regarding
Implementation of a Compliant NPDES MS4 Stormwater Program
A Resolution to develop and implement a compliant stormwater management program that meets the
requirements of the Town of Fletcher's National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Stormwater System (MS4) Permit number NCS000424 to discharge stormwater,
inclusive of the required Stormwater Management Plan to be prepared by the Town of Fletcher and
approved by the North Carolina Department of Environmental Quality.
Whereas, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater
discharges from municipal separate storm sewer systems; and
Whereas, in North Carolina, NPDES Permits are issued by the NC Dept. of Environmental Quality; and
Whereas, the NC Dept. of Environmental Quality issued the Town of Fletcher its third NPDES MS4
Permit for discharge on February 20, 2017; and
Whereas, the Town of Fletcher was issued Notice of Violation number NOV-2020-PC-0317 on July 20,
2020 for noncompliance with the issued NPDES MS4 Permit; and
Whereas, the Town of Fletcher acknowledges the specific Notice of Violation requirements to obtain a
new individual NPDES MS4 Permit; and
Whereas, the Town of Fletcher acknowledges the specific Notice of Violation requirement to conduct a
self -audit of permit compliance for the balance of permit requirements not specifically audited by the
NC Dept. of Environmental Quality, and to develop a draft Stormwater Management Plan to comply
with Section 402(p)(3)(B)(iii) of the Clean Water Act, 40 CFR 122.34(b) and NPDES MS4 Permit
requirements, and to submit its draft Stormwater Management Plan to the NC Dept. of Environmental
Quality no later than 120 days from July 20, 2020 for review and approval; and
Whereas, the Town of Fletcher acknowledges the specific Notice of Violation requirement to adopt a
Council Resolution to implement a compliant and enforceable stormwater management program as
defined by both the NPDES MS4 Permit number NCS000424 and the required new Stormwater
Management Plan, and said resolution is to be submitted to the NC Dept. of Environmental Quality no
later than 60 days from July 20, 2020; and
Whereas, the Town of Fletcher acknowledges the requirement to provide adequate funding and staffing
to implement a Stormwater Management Program that complies with its NPDES MS4 Permit and
approved Stormwater Management Plan; and
Whereas, the Town of Fletcher acknowledges that NC Dept. of Environmental Quality enforcement
action and penalties could result from non-compliance with the specific requirements in Notice of
Violation number NOV-2020-PC-0317; and

Whereas, the Town of Fletcher acknowledges that any NC Dept. of Environmental Quality enforcement
action and penalties may not prohibit the U.S. Environmental Protection Agency from taking its own
enforcement action for non-compliance with the issued NPDES MS4 Permit.
Now, Therefore, be it Resolved that the Mayor and Fletcher Town Council hereby affirm its support for
development and implementation of a compliant NPDES MS4 Storm water Program.
ADOPTED this the loth day of August 2020 and signed in authentication thereof the V � day of August
2020.
Mayor Rod Ateside Mark Biberdorf, Town Ma ger
Eric Rufa, Pla ,ping & Zoning Director &
Storm Water Program Administrator
FLETC/y
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Christine Thompson, MMC, NCCMC
Town Clerk

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Michael Hanson<[e-mail]>; Mayfield, Michelle <[e-mail]>;
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
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[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; Ekka, Sujit
<[e-mail]>; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; town [e-mail]; town [e-mail];
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[e-mail]; [e-mail]
Cc: Lucas, Annette <[e-mail]>
Subject: RE: Friendly Reminder: MS4 Annual Reporting
Clarification on annual reporting — �,
The online BIMS SWMPA is the preferred annual report format. It is the only format that automatically meets all
annual reporting requirements. Once an initial SMWPA is created, it gets updated in subsequent reporting years. DEQ
is aware that creating the initial SWMPA can be a strenuous exercise. However, subsequent submittals are simple.
MS4s may elect to submit a narrative annual report that meets all of the annual reporting conditions listed in the MS4
permit, including the requirements of Part III, Part IV.B and Part IV.G. DEQ staff appreciate your courtesy in keeping
narrative reports very brief, and focused only on the required reporting. Please be aware that failure to meet all
annual reporting requirements is an enforceable permit violation.
A?( 1 o c s 40 L.� s_
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r MS4 was audited during FY 19-20, then the MS4 may submit a one page annual report that provides the current
of the compliance audit and all required submittals as listed in the issued notice. Notice requirements may
e a response letter, council resolution, self -audit, and Draft SWMP.