HomeMy WebLinkAboutNCS000407_Council Resolution and Acknowledgement letter_20210702MOUN4
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June 29, 2021
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DEQ-DEMLR Stormwater Program
Attn: Jesse McDonnell ce°°
610 East Center Avenue
Mooresville, NC 28115
Subject: NOTICE OF VIOLATION (NOV-2021-PC-030)
Dear Mr. McDonnell:
This letter is in response to your findings during the compliance audit for the City of Mount Holly. An
adopted Council Resolution declaring support for a compliant stormwater management program within
sixty (60) days of your letter is attached. In your NOV letter dated June ZIP, there were several
deficiencies within the MS4 permit that are in need of correcting, see listed below: (This will be
submitted to the DEC. by the one hundred twenty (120) day requirement.)
• Implement & maintain the Illicit Discharge Detection & Elimination Program Plan
• Implement & Maintain the MS4 Operation & Maintenance Program Plan
• Implement & Maintain the Municipal SCM Operation & Maintenance Program Plan
• Conduct a self audit to include and evaluation of compliance with permit conditions for
Construction Site Runoff Controls, Post Construction Site Runoff Controls and Total Maximum
Daily Loads using DEQ standard MS4 Permit Compliance Audit Report Template
• 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. We will utilize
the DEQ Phase II MS4 SWMP Template.
• Submit an NPDES MS4 permit application within thirty (30) days of receiving written DEQ
concurrence that the submitted draft SWMP documents a complaint stormwater management
program.
• Respond to public comments on the draft SWMP and submit a final SWMP for DEQ approval and
final permit issuance.
Please use this letter as an acknowledgement that The City of Mount Holly understands the
requirements and will comply within the required time frames.
City
E. Johndon PE
Director/City Engineer
P.O. Box 406 Mount Holly, North Carolina 28120
Resolution No: #
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Date Adopted: 0%OaP4,0 �a 6�0. 6y"
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RESOLUTION AFFIRMING THE CITY OF MOUNT HOLLY COUNCIVS SUPPORT REGARDING IMPLEMENT FFSION OFA
COMPLIANT NPDES MS4STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater management program that meets the
requirements of the City of Mount Holly's National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer system (MS$) Permit Number NCS000407 to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared by the City and approved by the North Carolina
Department of Environmental Quality,
WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater discharges from
municipal separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are Issued by the North Carolina Department of Environmental
Quality; and
WHEREAS, the North Carolina Department of Environmental Quality Issued the City of Mount Holly Its second
NPDES MS4 permit for discharge of stormwater on February 20, 2017; and
WHEREAS, the City of Mount Holly was Issued Notice of Violation number NOV-2021-PC-0303 on June 4, 2021 for
noncompliance with the Issued NPDES MS4 Permit; and
WHEREAS, the City of Mount Holly acknowledges the specific Notice of Violation requirements to obtain a new
Individual NPDES MS4 Permit; and
WHEREAS; the City of Mount Holly acknowledges the specific Notice of Violation requirements to conduct a self
audit of permit compliance for the balance of permit requirements not specifically audited by the North Carolina
Department of Environmental Quality, and to develop a draft Stormwater Management Plan to comply with
Section 402 (p) (3)(13)(111) of the Clean Water Act, 40 CFR 122.34(b) and NPDES MS4 Permit requirements, and to
submit Its draft Stormwater Management Plan to the North Carolina Department of Environmental quality no later
than 120Days from NOV date for review and approval; and
WHEREAS, the City of Mount Holly acknowledges the specific Notice of Violation requirement to adopt a Council
Resolution to Implement a compliant and enforceable stormwater management program as defined by both the
NPDES MS4 Permit number NC5000407 and the required new Stormwater Management Plan, and said resolution
Is to be submitted to the North Carolina Department of Environmental Quality no later than 60 days from NOV
date; and
WHEREAS, the City of Mount Holly acknowledges the requirementto provide adequate funding and staffing to
Implement a Stormwater Management Program that compiles with Its NPDES MS4 Permit and approved
Stormwater Management Plan; and
WHEREAS, the City of Mount Holly acknowledges that North Carolina Department of Environmental Quality
enforcement action and penalties could result from non-compliance with the specific requirements in Notice of
Violation number NOV-2021-PC-0303; and
WHEREAS, the City of Mount Holly acknowledges that any North Carolina Department of Environmental Quality
enforcement action and penalties may not prohibit the U.S, Environmental Protection Agency from taking Its own
enforcement action for non-compliance with the Issued NPDES MS4 Permit,
NOW, THEREFORE, BE IT RESOLVED that the Council of The City of Mount Holly hereby affirms its support for
development and Implementation of a compliant NPDES MS4 Stormwater program.
-Z-co
Bryan A6, Mayor roI :.VPA
Braswell, Town Manager
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tier, Town Clerk
ADOPTED by the City Council of The Cit of ount Hotirworth Carolina the 06Day of 2021 and
signed in authentication there of the day of 2021