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HomeMy WebLinkAboutNCS000396_NOD-2021-PC-0412_20210730 S Eq , I> ROY COOPER Governor ELIZABETH S.BISER Secretary BRIAN WRENN NORTH CAROLINA DLwtor Environmental Quality July 30, 2021 CERTIFIED MAIL 7019 1120 0002 0066 3248 RETURN RECEIPT REQUESTED City of Goldsboro Attn:Mr.Tim Salmon,City Manager 200 North Center Street Goldsboro,North Carolina 27530 Subject: NOTICE OF DEFICIENCY(NOD-2021-PC-0412) City of Goldsboro NPDES MS4 Permit No.NCS000396 Wayne County Dear Mr.Salmon: On June 30,2021,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 minor deficiencies with the specific components of the MS4 permit that were reviewed,as described in the attached DEQ MS4 Permit Compliance Audit ReporL 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 City 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 permit conditions found in Part II: i. Section B:Public Education and Outreach; ii. Section C,Public Involvement and Participation; iii. Section E: Construction Site Runoff Controls; 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 management program into compliance with NPDES MS4 requirements over the new 5-year permit ro"EK E Q 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 2 769 9-1612 919.707.9200 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 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. A new 5-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 leanette.Powell(a)ncdenr.gov or to: DEQ-DEMLR Stormwater Program Attn:Jeanette Powell 1612 Mail Service Center Raleigh,NC 27699-1612 If the City 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 a 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, Annette Lucas,PE Stormwater Program Supervisor Division of Energy,Mineral and Land Resources Enclosures: DEQ MS4 Permit Compliance Audit Report CC: manderson(mgoldsboronc.gov,Marty Anderson,PE,City Engineer Jeanette.Powell@ncdenr.gov,DEMLR MS4 Program Coordinator DEMLR NPDES MS4 Permit Laserfiche File �QFQ North Carolina Department of Environmental Quality I Divisionof Energy,Mineral and Land Resources 512 North Salisbury street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 °��� 919.707.9200