NCS000448_Weaverville NOV-2020-PC-0479_20201116

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
November 16, 2020
CERTIFIED MAIL 7017 1070 0000 1775 8104
RETURN RECEIPT REQUESTED
Town of Weaverville
Attn: Selena D. Coffey, Town Manager
Post Office Box 338
Weaverville, North Carolina 28787
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0479)
Town of Weaverville
NPDES MS4 Permit No. NCS000448
Buncombe County
Dear Ms. Coffey:
On November 12, 2020, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the Town of Weaverville National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. For your
reference, a copy of the MS4 Program Audit Report issued by DEQ 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 DEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the Town of
Weaverville 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 DEQ.
(3) Submit documentation for review and comment within one hundred twenty (120) calendar days
from the date of receipt of this letter:
D �� North Carolina Department of Environmental Quality 1 Division of Energy. Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NORTH CM �M1L4
N.114 828.296.4500

Notice of Violation
Town of Weavervilie (NCS000488)
November 17, 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 Part II Section F: Post -Construction Site Runoff Controls;
Section H: Total Maximum Daily Loads. The self -audit must be documented utilizing the
DEQ standard MS4 Pemit 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 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 Reporf and the Town of
Weaverville self -audit.
(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.
(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.
Required documentation shall be submitted via e-mail to Isaiah.reedgncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
If the Town fails to meet the aforementioned requirements and/or submits a significantly
noncompliant Draft SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section
A.1(c) of the permit:
Under state laiv, a daily civil penalty of not more than twenty-five thousand dollars
($25, 000) per violation may be assessed against any person ivho 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
notice and/or issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying out its own enforcement case against the permittee.

Notice of Violation
Town of Weaverville 1NCS000488]
November 17, 2020
Page 3of3
Thank you for your attention to this matter. Should you have any questions, please contact
Isaiah Reed at [phone] or [e-mail].
Sincerely,
A
Stanley Aiken Y,,al Engineer
Division of nergy, Mineral and Land
Resources
Enclosures:
DEQ MS4 Program Audit Report (November 12, 2020, Town of Weaverville)
Example Council Resolution
NPDES MS4 Permit NCS000448
Electronic Copy:
Dale Pennell, Public Works Director Dale,[e-mail]
weaverviltene.org
Annette Lucas, PE, DEMLR Stormwater Program Supervisor
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File