NCS000488_Valdese SWMP v2 DEQ Comment Letter_20201125

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
November 25, 2020
CERTIFIED MAIL 7019 1120 0000 5077 1766
RETURN RECEIPT REQUESTED
Town of Valdese
Attn: John F. Black, Mayor
Post Office Box 339
Valdese, NC 28690
Subject: Comments on Draft SWMP (NOV-2019-PC-0182)
Town of Valdese
NPDES MS4 Permit No. NCS000488
Burke County
Dear Mr. Black:
On October 3, 2018, the North Carolina Department of Environmental Quality (DEQ) audited Town of
Valdese for compliance with the subject permit. As a result, the North Carolina Department of
Environmental Quality (DEQ) issued a Notice of Violation (NOV) to the Town of Valdese on May 29,
2019. The NOV defined specific document submittals and deadlines, which have been provided in a
timely manner:
City Council resolution demonstrating support for a compliant program,
Self -audit of permit components not audited by DEQ, and
Draft Stormwater Management Plan (SWMP).
DEQ received a second version of the required Draft Stormwater Management Plan (SWMP) submittal
for NOV-2019-PC-0182 on June 11, 2019. Staff have reviewed the Draft SWMP submittal and
request that the following comments be addressed in a third Draft SWMP submittal, to be provided
to DEQ within thirty (30) calendar days of receipt of this letter.
Specific Comments
3.9 Target Pollutants and Sources
First paragraph, last sentence reads ... " TMDL measures have been put in place." This area is NOT
under a TMDL, as indicated in section 3.5 Total Maximum Daily Loads. To assist with permit/SWMP
implementation, it may be useful to prioritize the target pollutants. SWMP descriptions appear to imply
that animal operations and underground storage tanks may be pollutants of less concern than others.
In the illicit discharges section, omit use of 303(d) stream because 303(d) streams are a subset of all
impaired streams.
QEQ �� North Carolina Department of Environmental Quality Division of Energy, Mineral and land Resources
512 North Salisbury Street 1 1612 Mail Service Center Raleigh, North Carolina 27699-1612
NORTH CAROLINA
IWP.MWae.w.—biDwiI� 919.707.9200

4.3 Shared Responsibility
Table 9: Shared Responsibilities, why is there is an item for TMDL?
Part 5 Public Education and Outreach Program
Table 13 BMP Nos. 4-5, emphasize person to person contact, please include alternatives in case COVID
prevents or limits such contact preventing full completion of BMP.
Table 13 BMP No. 8 — in the Annual Reporting Metric column, one may want to add number and type of
target pollutant violations, so that one can determine not only pollutant type, but pollutant source and
audience(s) responsible.
Part 6 Public Involvement and Participation Program
Table 14 BMP No. 18 — Stream Cleanup — please mention that COVID safe practices will be followed
during cleanups (if necessary)
Part 7 Illicit Discharge Detection and Elimination
Table 15 BMP No. 20 — Maintain Legal Authority. In addition to indicating if revisions were made to
ordinance, add the date(s) revisions made in Annual Reporting Metric.
Table 15 BMP No.22 — Location of Priority Areas. The Division of Waste Management Site Locator
Tool could also be used to identify potential priority areas.
Table 15 BMP No.34-Waste Management. In addition to indicating if revisions were made to ordinance,
add the date(s) revisions made in Annual Reporting Metric
Part 9 Post -Construction Site Runoff Control Program
The SWMP mentions that Valdese implements the Water Supply Watershed Protection (WSWP) program
to satisfy the requirements of the NPDES Phase II MS4 post construction requirements, this is stated in
Table 18 and confirmed by use of map. Yet, Table 19. Summary of Existing Post -Construction Program
Elements references the Article R Phase II Stormwater instead of Article N Watershed Protection.
Table 20 BMP No. 37. Maintain Legal Authority. As mentioned in the previous comment, Valdese
states they will implement the WSWP program to satisfy the requirements of the NPDES Phase II MS4
post construction requirements, but references Phase II Post construction Stormwater Ordinance.
Table 20 BMP No. 38. Plan Review and Approval. In addition to indicating if revisions were made to
ordinance, add the date(s) revisions made in Annual Reporting Metric.
Part 9 Pollution Prevention and Good Housekeeping Programs
Table 21 BMP No. 46. Municipal Facilities could add "Inspections" to the title.
Table 21 BMP No. 47. Spill Response. Measurable Goal No. 2 Implement the spill response procedures
plan (per facility). The schedule should be Permit Years 2-5
Table 21 BMP No. 50. MS4 Inspections. Could add length (feet, miles) inspected to Annual Reporting
Metric.
General Comments
As mentioned in the post construction section, it is not clear whether the WSWP program or NPDES
Phase II MS4 program will be implemented. SWMP now specifies that post construction will follow
NPDES Phase II MS4 program, even though WSWP is mentioned as qualified alternate program. There
are communities with all or part of their jurisdictions within WSWP areas that choose to implement
NPDES Phase II MS4 within the entire area.

Recommendations
The required revised Draft SWMP v3 submittal must include an electronic Word document in Track
Changes format, and a hard copy with a certifying statement and original "wet" signature by the Town's
ranking elected official or designated Town staff member in compliance with Part IV, Paragraph G of the
current MS4 Permit. Please submit the required Draft SWMP to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
ieanette.powellOncdenr.gov
Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or Jeanette. PowellOncdenngov.
Sincerely,
1W &,,4
Jeanette Powell
MS4 Program Coordinator
Cc via email:
Mike Mitchell, EPA Stormwater Enforcement
Annette Lucas, Stormwater Program Supervisor
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Isaiah Reed, Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File
Seth Eckard, Town Manager
Greg Padgett, Water Resources Director