NCS000447_Landis 2020 Annual Report Letter_20201030

October 30. 2020
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
RE: 2020 Annual Report (NCS000447)
Dear Ms. Powell:
We are submitting this letter in response to the email we received from you on 10-27-'
2020_I regarding the Annual Reporting guidance.
On October 30, 2019, DEQ conducted a Compliance Stormwater Evaluation Inspection of The
Town of Landis's Phase II Municipal Separate Storm Sewer System Program. The following
minimum control measures were evaluated:
• Program Implementation;
• Public Involvement & Participation
Illicit Discharge Detection & Elimination;
• Pollution Prevention and Good Housekeeping for Municipal Operations.
The inspection also include field visits to the Public Works Facility and two of the Town's
stormwater outfalls.
On November 21, 2019 NC DEQ issued a Notice of Violation (NOV-2019-PC-0744) to the Town
of Landis. The following items were required:
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.
The Town has sent a letter indicating an 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 DEQ.
On December 1 dh 2019, The Town Council adopted a resolution affirming support
regarding the implementation of a Compliant NPDES MS$ Stormwater Program on
December 10, 2019, and a copy of the resolution was forwarded to your office.
3. Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:

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. The self -audit must be documented utilizing the DEQ standard
MS4 Permit Compliance Audit Report Template.
The self -audit planned for this spring has been delayed due to onsite meeting
restrictions associated with COVID-19. At that time, the restrictions were not
expected to extend past several months. The options for conducting the onsite
review are being evaluated and the audit is tentatively set for December 15,
2020.
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 DEQ
Phase II MS4 SWMP Template. The SWMP must address all known compliance
deficiencies including, at a minimum, the items detailed in the DEQ MS4
Program Audit Report and the Town of Landis self -audit.
The development of an RFQ for the selection of an engineering firm to prepare a
Draft Stormwater Management Plan has delayed until the self -audit has been
completed in order to include a list of compliance items to need to be developed.
Once the firm has been selected, an application for a new NPDES Permit will be
developed and submitted to NC DEQ for review.
4. Submit an NPDES MS4 permit application within thirty (30) days of receiving written
DEQ 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.
The City will submit a new NPDES MS4 permit application within 30 days of receiving
written DEQ concurrence that the proposed SWMP documents a compliant stormwater
management program. Public notification of the submittal for an NPDES MS4 Permit
and a request for comments will be provide to the public.
5. Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit
The City will review and respond to comments provided concerning the Draft SWMP and
submit a Final SWMP for DEQ approval and final permit issuance once the revisions
associated with the public comment period are completed.
Should you have any questions, please contact me at 704-754-2549 or
chris @townoflandis.com

Town of Landis
Established in 1901
Meredith Barc Smith, Mayor
Ashley Stewart, Mayor Pro Tern
Katic Seas, Alderman
Damn Overcash, Alderman
Tony Cordher, Alderman
312 South Main Street
P. O. Box 8165
Landis, North Carolina 28088
Phone: [phone]
Fax: [phone]
Resolution Affirming the Town of Landis 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 Landis'
National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS$) permit number NCS000447 to discharge
stormwater, inclusive of the required Stormwater Management Plan to be
prepared by the Town of Landis 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 North
Carolina Department of Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality
issued the Town of Landis its third NPDES MS4 permit for discharge of
stormwater on February 20, 2017; and
WHEREAS, the Town of Landis v
NOV-2019-PC-0744 on November 25,
NPDES MS4 permit; and
as issued notice of violation number
2019 for noncompliance with the issued
WHEREAS, the Town of Landis 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 North Carolina
Department 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 North Carolina Department of
Environmental Quality no later than 120 day from November 25, 2019 for
review and approval; and
WHEREAS, the Town of Landis acknowledges the specific notice of
violation requirement to adopt a Council Resolution to implement a complaint
and enforceable stormwater management program as defined by both the NPDES
MS4 permit number NC000447and the required new Stormwater Management
Plan, and said resolution is to be submitted to the North Carolina of
Environmental Quality Department of Environmental Quality no later than 60
days from November 25, 2019; and

WHEREAS, the Town of Landis 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 Pan; and
WHEREAS, the Town of Landis acknowledges that North Carolina Department of
Environmental Quality enforcement action and penalties could result from non-compliance with the
specific requirements in notice of violation number NOV-2019-PC-0744; and
WHEREAS, the Town of Landis acknowledges that any North Carolina Department 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 Council of the Town of Landis hereby affirms
its support for development and implementation of a compliant NPDES MS4 Stormwater Program.
yn
—Meredith Bare Smith, Mayor
don Linn, St water Program Admin
Roger H , Town Manag—
Ro sey, Town Clerl
ADOPTED BY the Board of Alderman of the Town of Landis, North Carolina the 9th day of
December, 2019 and signed in authentication thereof _ 6e�Sday of December, 2019