NCS000515_China Grove NOV-2020-PC-0443_20201021

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
October 14, 2020
CERTIFIED MAIL 70191640 00013337 7761
RETURN RECEIPT REQUESTED
Town of China Grove
Attention: Mr. Ken Deal, Town Manager
333 North Main Street
China Grove, North Carolina 28023
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0443)
Town of China Grove
NPDES MS4 Permit No. NCS000515
Rowan County
Dear Mr. Deal:
On October 6, 2020, staff from the North Carolina Department of Environmental Quality
(NCDEQ) conducted a compliance audit of the Town of China Grove National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (1\4S4)
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 China
Grove 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:
MNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
1!..� E Q•••...////// Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
�a,aro�ar 704.6631699

NCS000515 NOV
Town of China Grove
October 14, 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 Pat II Section E: Construction Site Runoff
Controls; Section F: Post -Construction Site Runoff Controls; Section H: Total
Maximum Daily Loads (TMDLs). 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 China Grove 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 iesse.mcdonnellT?,ncdenr.gov, or to:
NCDEQ-DFMLR Stormwater Program
Attention: Jesse McDonnell
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
If the Town of China Grove 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.1(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

NCS000515 NOV
Town of China Grove
October 14, 2020
Page 3 of 3
notice 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.
Thank you for your attention to this matter. Should you have any questions, please contact Jesse
McDonnell at [phone] or jesse.mcdonnell.a)l-tcdenrgov.
Sincerely,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Division of Energy, Mineral and Land Resources
Enclosures: NCDEQ MS4 Program Audit Report (October 6, 2020, Town of China Grove)
Copy of NPDES MS4 Permit Number NCS000515
Example Council Resolution
ec: Franklin Gover, Stormwater Program Administrator, fooverg-Dchinaarovene.00v
Jeanette Powell, MS4 Program Coordinator, Jeanette. [e-mail]
Alaina Morman, DEMLR Stormwater Compliance & Enforcement, Alaina.Mormantanedenr.cov
DEMLR NPDES MS4 Permit Laserfiche File