NCS000407_Mount Holly NOV-2021-PC-0303_20210604

DocuSign Envelope ID: D05BB852-F220-4CEF-9911-292ACC49FDF1
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CERTIFIED MAIL - 7017 2620 0000 6788 0462
RETURN RECEIPT REQUESTED
City of Mount Holly
Attention: Miles Braswell, City Manager, Owner
Post Office Box 406
Mount Holly, North Carolina 28120-0406
CERTIFIED MAIL 7017 2620 0000 6788 0455
RETURN RECEIPT REQUESTED
City of Mount Holly
Attention: Robert Whitt, Mayor, Co-owner
Post Office Box 406
Mount Holly, North Carolina 28120-0406
Subject: NOTICE OF VIOLATION (NOV-2021®PC-0303)
City of Mount Holly
NPDES MS4 Permit No. NCS000407
Gaston County
Dear Mr. Braswell and Mr. Whitt,
On May 24, 2021, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of subject National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The audit identified major
deficiencies with the specific components of the MS4 permit that were reviewed, as provided in
the attached DEQ MS4 Permit Compliance Audit Report. 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 City of Mount Holly
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
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DocuSign Envelope ID: D05BB852-F220-4CEF-9911-292ACC49FDF1
Notice of Violation
City of Mount Holly
June 4, 2021
Page 2 of 3
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:
a. The Illicit Discharge Detection and Elimination Program Plan, as required in Part
II, _Section A.7. and Section D.2.a. of the current permit.
b. The MS4 Operation and Maintenance Program Plan, as required in Part II,
Section A.7. and Section G.2.£ of the current permit.
c. The Municipal SCM Operation and Maintenance Program Plan, as required in
Part II, Section A.7. and Section G.2.g. of the current permit.
d. Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part II Section E: Construction Site Runoff
Controls; Section F: Post -Construction Site Runoff Controls; Section H: Total
Maximum Daily Loads. The self -audit must be documented utilizing the
appropriate sections of the DEQ standard MS4 Permit Compliance Audit Report
Template.
e. 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 City of Mount Holly 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 jesse.mcdonnell cr,ncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attention: Jesse McDonnell
610 East Center Avenue
Mooresville, North Carolina 28115
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DocuSign Envelope ID: D05BB852-F220-4CEF-9911-292ACC49FDF1
Notice of Violation
City of Mount Holly
June 4, 2021
Page 3 of 3
If the City of Mount Holly 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.I(c) of the permit:
Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25, 000) per violation may be assessed against any person who 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.
Thank you for your attention to this matter. Should you have any questions, please contact Jesse
McDonnell at [phone] or jesse.mcdonnelIkncdenr.Iiov.
Sincerely,
DocuSiggned by:
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Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Division of Energy, Mineral and Land Resources
Enclosures:
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
ec: Kimberly. [e-mail], City of Mount Holly Stormwater Coordinator
[e-mail], DEMLR Stormwater Program Supervisor
[e-mail], DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File
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