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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