NCS000335_DOD SJAFB Formal Agreements for MS4 Reliance on DEQ Programs

From:WILSON, RONNIE E GS-12 USAF ACC 4 CES/CEIEC
To:Powell, Jeanette
Cc:[e-mail]; GREENWOOD, THOMAS M GS-13 USAF ACC 4 FW/JA; FUSSELL, JODI M GS-13 USAF ACC 4 CES/CEI;
D"AGOSTINO, JEFFREY M GS-13 USAF ACC 4 CES/CEIE
Subject:[External] RE: Formal Agreements for MS4 Reliance on DEQ Programs
Date:Thursday, December 10, 2020 8:42:00 AM
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Good Morning Jeanette,

JAFB depends on DEQ to meet our Construction Site Minimum Measure (no formal agreement needed). We also
coordinate with DWQ on requirements meeting Neuse River Buffer Rule Applications (Mr. Chris Pullinger) and 401 and
404 Permitting (USACE- Samantha Dailey). Also, SJAFB is within the City of Goldsboro NC Urbanized Area (UA). SJAFB
follows or state approved Comprehensive Watershed Protection Plan to meet Post Construction Requirements (October
11,2015).

Goldsboro is a member of the Clean Water Education Partnership (CWEP) that provides base housing and military
members public awareness and public involvement opportunities. We have been reporting this in our Annual Report each
year. I have discussed this with the City of Goldsboro and Mike Randal (DEQ) in the past but I do not believe we have a
formal agreement with the City of Goldsboro for the partial Public Involvement and Awareness Programs. Do we need a
formal agreement to meet these partial minimum measures even though SJAFB is within their UA and provides the
information and involvement opportunities? I want to make sure there is no loose ends here. Please let me know if there
are any concerns and we will address them. Thank you.

//SIGNED//
Ronnie Wilson
Water Quality Program Manager
4th CES/CEIE
DSN:722-7442 COM:[phone]

From: Powell, Jeanette <[e-mail]>
Sent: Wednesday, December 9, 2020 10:56 AM
Subject: [Non-DoD Source] Formal Agreements for MS4 Reliance on DEQ Programs

All,

MS4 regulated entities do not need individual, formal agreements with DEQ in order to meet MS4 permit
requirements utilizing State programs such as the DEMLR Erosion and Sediment Control (ESC) Program or the
various Qualifying Alternative Programs for Post-Construction. The legal authority for those programs is
incorporated in State rules, the MS4 permit and the new Stormwater Management Plan (SWMP) Template.

Please see below for additional information on the State program authorities.

Erosion and Sediment Control (ESC) Program
Per 15A NCAC 02H .0153(a) “Regulated [MS4] entities may propose using any existing State or local program that relates
to the minimum control measures to meet, either in whole or in part, the requirements…” This rule provides adequate
legal authority to rely on the DEQ SPCA ESC program or obtain delegation to self-implement. There is no need for any
further formal agreement between DEQ and an MS4 for ESC. However, please note that there are additional MS4
requirements for construction site runoff controls in the new Draft Phase II NPDES MS4 Permit that are not met by
reliance on the DEMLR ESC program or program delegation (see items 3.5.5 - 3.5.6 below). The MS4 construction
program requirements from the new Draft Phase II Permit are:

Post-Construction (PC) Program
Requirements in 15A NCAC 02H.0153(b)(3) and (4) include specific language pertaining to the implementation schedules
for the MS4 PC Program. This rule states that “a regulated [MS4] entity shall implement its post-construction program no
later than 24 months from the date the permit is issued…so that the regulated entity implements its permitted program
within five years from permit issuance.” Per this requirement, a regulated MS4 entity must implement a permitted PC
program. However, 15A NCAC 02H .0153(a) states that “Regulated [MS4] entities may propose using any existing State or
local program that relates to the minimum control measures to meet, either in whole or in part, the requirements …” As
such, an MS4 may rely upon a State stormwater program listed in 15A NCAC 02H .1017 (WS, NSW, Coastal, USMP, etc.) to
meet some or all of the permitted PC Program requirements.

Resources
The 15A NCAC stormwater rules can be found here.
ESC Program delegation under the Sediment Pollution Control Act (SPCA) is a well-established process and you can
find information about that here.

Keep sending in these questions! We love them!

Thanks,
J
Jeanette Powell, CPSWQ, CPESC
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.

https://deq.nc.gov/sw