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HomeMy WebLinkAboutNCS000454_Stallings NOV Delivery Confirmation_20201009 Ae NV d Or 16. -y� ROY COOPER Governor - M[CHAEL S.REGAN Secretary BRIAN bVRENN NORTH CAROLINA Director Environmental Quality September 15,2020 CERTIFIED MAIL 70191640 00013337 7631 RETURN RECEIPT REQUESTED Town of Stallings Attention: Mr. Wyatt Dunn, Mayor 315 Stallings Road Stallings,North Carolina 28104 Subject: NOTICE OF VIOLATION(NOV-2020-PC-0364) Town of Stallings NPDES MS4 Permit No.NCS000454 Union County Dear Mar. Dunn: On August 6,2020, staff from the North Carolina Department of Environmental Quality (NCDEQ)conducted a compliance audit of the Town of Stallings National Pollutant Discharge Elimination System(NPDES)Municipal Separate Storm Sewer System(MS4)Permit. For your reference, a copy of the MS4 Program Audit Report issued by NCDEQ is enclosed with this notice. This report lists and describes the serious deficiencies with certain components of the MS4 permit,which constitutes a violation of the Clean Water Act and is grounds for enforcement action. In accordance with Part VI of the permit and NCDEQ policy, a new 5-year MS4 permit will be issued in response to the audit. To address the MS4 permit deficiencies,the Town of Stallings is required to complete the following actions: (1) Respond in writing within thirty (30)calendar days from the date of receipt of this notice to acknowledge these requirements and the intent to comply. (2) Adopt a Council Resolution within sixty (60)calendar days from the date of receipt of this notice. The resolution must declare support for a compliant stormwater management program. A sample council resolution with the minimum requirements is enclosed with this letter. An original signed document must be submitted to NCDEQ. (3) Submit documentation for review and comment within one hundred twenty (120) calendar days from the date of receipt of this letter: North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources E Mooresville Regional Office 1 610 East Center Avenue.Suite 301 1 Mooresville.North Carolina 28115 n n wxxrwi RN 5 Notice of Violation Town of Stallings September 15, 2020 Page 2 of 3 a. Conduct a self-audit which includes, at a minimum,an evaluation of compliance with the permit conditions found in Part II Section F: Post-Construction Site Runoff Controls and Section H:Total Maximum Daily Loads. The self-audit must be documented utilizing the NCDEQ standard MS4 Permit Compliance Audit Report Template. b. Develop a Draft Stormwater Management Plan(SWMP) which details specific actions,measurable goals, and implementation timelines to bring the stormwater management program into compliance with NPDES MS4 requirements over the new 5-year permit term. The SWMP must be documented utilizing the NCDEQ Phase II MS4 SWMP Template. The SWMP must address all known compliance deficiencies including, at a minimum, the items detailed in the NCDEQ MS4 Program Audit Report and the Town of Stallings self-audit. (4) Submit an NPDES MS4 permit application within thirty(30)days of receiving written NCDEQ concurrence that the submitted Draft SWMP documents a compliant stormwater management program. A new 5-year NPDES MS4 permit will be public noticed along with the submitted SWMP. (5) Respond to public comments on the Draft SWMP and submit a Final SWMP for NCDEQ approval and final permit issuance. The final NCDEQ-approved SWMP shall become an enforceable component of the NPDES MS4 permit. Required documentation shall be submitted via e-mail to Isaiah.Reed(c�r�,ncdenr. ov,or to: DEQ-DEMLR Stormwater Program Attention: Isaiah Reed 2090 U.S, Highway 70 Swannanoa,North Carolina 28778 If the Town of Stallings fails to meet the aforementioned requirements and/or submits a significantly noncompliant Draft SWMP,NCDEQ may proceed with enforcement. As is stated in Part V, Section A,I(c)of the permit: Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000)per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit[North Carolina General Statute 143-215.6A]. Please note that compliance with the requirements of this NOD and/or issuance of civil or criminal penalties levied by NCDEQ does not preclude the EPA from carrying out its own enforcement case against the permittee. Notice of Violation Town of Stallings September 15,2020 Pap`3 of 3. Thank you for your attention to this matter. Should you have any Questions;please contact, Isaiah Reed at(828)296-4614 or Isaiah.Reed.ncdenr.gov, Sincerely, Zahid S. Khan, CPM.CPESC,CPSWQ Regional Engineer. Land Quality Section Division of Energy,Mineral&Land,Resources Enclosures: DEQ;MS4 Program Audit Report(August 6,2020,Town of Stallings) Copy of NPDES MS4 Permit No.NCS000454 Sample Council Resolution cc: Chris Easterly,Town.Engineer,ceasterlyna.s.�talti_n snc.org Jeanette Powell,DEMLR MS4 Program Coordinator,Jeanette.Powell@ncdenr.gov Alain Morman,DEMLR Stormwater Compliance&Enforcement,alaina.mor ng(a)nedenr.gov DEMLR NPDES MS4 Permit Laserfiche File- } USPS.com® -USPS Tracking®Results Page 1 of 2 USPS Tracking" FAQs ' Track Another Package + Tracking Number: 70191640000133377631 Remove X Your item was delivered to an individual at the address at 3:36 pm on September 17, 2020 in MATTHEWS, NC 28104. cu cD �✓ Delivered Cr September 17, 2020 at 3:36 pm Delivered, Left with Individual MATTHEWS, NC 28104 Get Updates Text & Email Updates u Tracking History u Product Information u See Less https://tools.usps.com/go/TrackConfinnAction?tRef--fullpage&tLc=2&text28777=&tLabe... 10/9/2020