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HomeMy WebLinkAboutNCS000458_NOD-2021-PC-0388_20210623ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
June 23, 2021
CERTIFIED MAIL 70191120 0002 0066 3217
RETURN RECEIPT REQUESTED
Town of Hope Mills
Attn: Scott Meszaros, Town Manager
5770 Rockfish Road
Hope Mills, North Carolina 28348
Subject: NOTICE OF DEFICIENCY (NOD-2021-PC-0388)
Town of Hope Mills
NPDES MS4 Permit No. NCS000458
Cumberland County
Dear Mr. Meszaros:
On June 8, 2021, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the subject National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The audit identified minor
deficiencies with the specific components of the MS4 permit, as described in the attached DEQ MS4
Permit Compliance Audit Report. This report lists and explains the deficiencies with certain
components of the MS4 permit. These deficiencies constitute a violation of the Clean Water Act and
are 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 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) Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with
the following permit conditions found in Part If:
L Section B: Public Education and Outreach;
ii. Section C: Public Involvement and Participation;
iii. Section E: Construction Site Runoff Controls; and
iv. Section H: Total Maximum Daily Loads.
The self -audit must be documented using the DEQ standard MS4 Permit 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
D_E Q2� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mall Service Center I Raleigh, North Carolina 27699-1612
919.707.9200
management program into compliance with NPDES MS4 requirements over the new
5-year permit term. The SWMP must be documented using the DEQ Phase lI 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 Town self -audit.
(3) 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. Anew S-year NPDES MS4 permit will be public noticed along with
the submitted SWMP.
(4) 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 Jeanette.Powell(@ncdenr.gov or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
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:
Understate 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 permit [North Carolina General Statute 143-
215.6A].
Please note that compliance with the requirements of this NOD 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 Alaina
Morman at (919) 707-9236 or Alaina.MormanOncdenr.gov.
Sincerely
,
aAnnetteP
Stormwater Program Supervisor
Division of Energy, Mineral, and Land Resources
Enclosures: DEQ MS4 Permit Compliance Audit Report
CC: eabrown(@townofhopemills.com - Beth Brown, Stormwater Administrator
Jeanette.Powell@ncdenr.gov, DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File
�FQ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mall Service Center I Raleigh, North Carolina 27699-1612
919.707.9200