NCS000499_Kure Beach Draft SWMP v1 DEQ Comment Letter_20201218

January 1, 2021

VIA EMAIL ONLY
RETURN RECEIPT REQUESTED

Town of Kure Beach
Attn: Jimmy Mesimer, Jr., Public Works Director
117 Settlers Lane
Kure Beach, NC 2878628449

Subject: COMMENTS ON DRAFT SWMP (NOV-2020-PC-0013)
Town of Kure Beach
NPDES MS4 Permit No. NCS000499
Brunswick County

Dear Mr. Mesimer:

On December 10, 2019, the North Carolina Department of Environmental Quality (DEQ) audited the
Town of Kure Beach (Town) for compliance with the subject NPDES MS4 permit. As a result, a Notice
of Violation (NOV) was issued to the Town on January 7, 2020. The NOV defined specific document
submittals and deadlines, which have been provided in a timely manner.

DEQ received the required Draft Stormwater Management Plan (SWMP), version 1, submittal on
September 10, 2020. Staff have reviewed the submitted Draft SWMP and request that the following
comments be addressed in a final Draft SWMP. The revised final Draft SWMP is required to be
signed and submitted, along with a permit renewal application, to DEQ within thirty (30) calendar
days of receipt of this letter.

Comments

1. General Comment: Include frequencies in Column C - Schedule for Implementation (Once,
Annually, Continuously, etc.). See SWMP Template Instructions and General SWMP Guidance
on the DEQ MS4 Forms & Resources web page for additional information.
2. General Comment: Annual Reporting Metrics in Column D should be brief - a quantity, number
trained, Y/N/Status, date completed, etc. See SWMP Template Instructions and the new General
SWMP Guidance on the DEQ MS4 Forms & Resources web page for additional information. For
example, BMP 13.D.2 would report Y/N/Status, but the listed information would be documented
and maintained on site for the next compliance audit.
Locations, lists, etc. are not appropriate annual reporting metrics, but do identify tasks and
supporting information that should be documented and maintained on site for future compliance
audits. The new permit will be issued with an annual reporting template that is specific to the
approved SWMP, and this information will be utilized to ensure that the MS4 is on track to
achieve compliance. The provided template will be an Excel spreadsheet, which will facilitate

future electronic reporting requirements, but will not support the submittal of additional
documentation such as photos, documents, etc.
3. General Comment: Delete all red italicized instructions.
4. BMP 11: Table 1 indicates that 75% of the MS4 is currently mapped. Please include measurable
goal(s) to complete the remaining 25%.
5. Permit Ref. 3.4.3: This section should include Measurable Goals to: (1) develop a written IDDE
Plan, (2) submit it to DEQ for review and approval (report date submitted) in Permit Year 1, (3)
Implement the approved plan Continuously in Permit Years 2-5 (report Y/N/Status). The written
plan must include the SOPs and standard documentation for Permit Ref. 3.4.3(a) – (e).
6. Enter N/A in Table 19 and include measurable goals in Permit Ref. 3.6.2 to establish adequate
legal authority for:
a. 3.6.3(a) Federal, State & Local Projects
b. 3.6.3(d) O&M Plan
c. 3.6.4(d) Low Density Inspections
7. Post-Construction Site Runoff Control Program: Both the Universal Stormwater Management
Program (USMP) defined in 15A NCAC 02H .1020 and the Coastal Stormwater Program defined
in 15A NCAC 02H .1019 are qualifying alternative programs (QAPs) that meet MS4 post-
construction requirements [Ref. 15A NCAC 02H .1017]. However, only one of these programs
may be implemented. Either program must be implemented locally. Please see the January 28,
2021 NCDEQ Notice of Regulatory Requirements for NPDES MS4 Post-Construction
Requirements in Coastal Counties memo for additional information and appropriate measurable
goals to include in the Draft SWMP.
8. Permit Ref. 3.7.3: Include a measurable goal for documented collection system inspections and
reporting metrics for number of MS4 inspections completed/documented, total number of catch
basins cleaned and number of collection system maintenance activities.
9. BMP 36: Include a measurable goal to train staff.
10. Permit Ref. 3.7.7: Please include a measurable goal for yard waste management to keep leaves,
grass clippings, etc. out of the collection system and include reporting metrics such as quantity of
waste collected, street miles swept, etc.
The required revised Draft SWMP v2 submittal must include a hard copy with a certifying statement and
original “wet” signature by the Town’s ranking elected official or designated staff member in compliance
with Part IV, Paragraph G of the current MS4 Permit.

Please submit the required signed Draft SWMP v2 and a signed permit renewal application to:

DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]

Upon receipt and preliminary approval, a Draft Permit and the submitted Draft SWMP will be published
for a required 30-day public notice, which includes an EPA and public comment period. The permit will
be issued following resolution of any comments received and is expected to become effective on July 1,
2021.

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or [e-mail].

Sincerely,

Jeanette Powell
MS4 Program Coordinator

w/Attach: Notice of Regulatory Requirements for NPDES MS4 Post-Construction Requirements in
Coastal Counties

Cc via email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Annette Lucas, DEMLR Stormwater Program Supervisor
Dan Sams, Wilmington Regional Office
Christine Hall, Wilmington Regional Office
DEMLR NPDES MS4 Permit Laserfiche File