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Home My WebLink AboutNCS000437_Greenville Draft SWMP v2 Comment Letter_20211021ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director VIA EMAIL ONLY RETURN RECEIPT REQUESTED City of Greenville Attn: Ann E. Wall, City Manager 200 West Fifth Street Greenville, NC 27858 NORTH CAROLINA Environmental Quality October 21, 2021 Subject: COMMENTS ON DRAFT SWMP v2 (NOC-2020-PC-0113) City of Greenville NPDES MS4 Permit No. NCS000437 Pitt County Dear Ms. Wall: On December 3-5, 2019, the Department of Environmental Quality (DEQ) audited the City of Greenville (city) for compliance with the subject NPDES MS4 permit. As a result, a Notice of Compliance (NOC) was issued to the city on January 13, 2020. The NOC defined specific actions, document submittals and deadlines. In response, the city submitted a Draft Stormwater Management Plan (SWMP) on September 14, 2020. In response to DEQ comments and the permit deadline to submit, the city submitted a permit renewal application package consisting of the required form and Draft SWMP (version 2) on August 23, 2021. Staff have reviewed the submitted Draft SWMP v2 (document dated February 15, 2021) and the following comments must be addressed in order to comply with the NOC and permit renewal application requirements. Please address all comments and submit a Draft SWMP v3 within thirty (30) calendar days of receipt of this letter. If comments are adequately addressed, a signed Draft Final SWMP will be requested and a notice for public comment will be published. If comments are not adequately addressed, the permit renewal application may be returned as incomplete. Comments: 1. The submitted SWMP must comply with the DEQ template content, format and instructions. Please view the guidance on the MS4 web page, including the online webinar on how to create clear, measurable, and specific SWMPs. Comments include, but may not be limited to: a. Incorporate omitted items from the 2021 Stormwater Management Plan (SWMP) Template. A Word document in track changes format which shows the required updates is attached for your convenience. b. Change BMP numbering to consecutive whole numbers beginning with 1 (e.g. 1, 2, 3, etc. rather than 4.1, 4.2, etc.). c. Reinsert standard template language that has been deleted (see specific comments below). North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH CAROLINA Uepat nt of enmmnmenmi (J.J; 919.707.9200 2. Table 9: As has been previously noted in comments and discussed with staff, the city cannot claim shared responsibility with NCDEQ or DEMLR for implementation of the noted NPDES MS4 permit conditions. The city must implement the requirements and provide appropriate measurable goals in the SWMP. a. Construction Site Runoff Controls: The city is required to implement local controls for construction site waste management. Also see comment 4 below. Permit condition 3.5.5 has been included in all Phase II MS4 permits issued since 2019 to satisfy 40 CFR 122.34(4)(i)(C), which requires MS4 permittees to develop and implement requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. This Clean Water Act language is incorporated verbatim in permit condition 3.5.5. Addressing construction waste management through the illicit discharge detection and elimination program is an acceptable option for meeting this permit requirement. b. Post -Construction Review of State and Federal Projects: The city is required to implement a compliant post -construction program throughout its jurisdictional area, including state and federal property/entities that do not hold their own MS4 permit. The Baseline Phase II Permit Template has clarified this requirement over previous permits and in accordance with the following regulations. The city has been advised that East Carolina University state property within the city limits must be subject to post - construction controls either via its own MS4 permit or the city's post -construction requirements. Therefore, measurable goals to establish post -construction requirements for state and federal projects are required in the Draft SWMP. i. 15A NCAC 02H .0153 NPDES MS4 STORMWATER: PROGRAM IMPLEMENTATION (c) Federal and State Projects ... If a federal or State agency does not hold a MS4 NPDES permit for stormwater management that applies to the particular project within North Carolina, then the project shall be subject to the stormwater management requirements of this Rule as implemented by the Commission or by a local government. The provisions of G.S. 153A-347 [Counties] and G.S. 160A- 392 [Repealed by Session Laws 2019-111, s. 2.3, as amended by Session Laws 2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19, 2020] apply to the implementation of this Rule. f.�f►[N,�K17►•j:�[Ij ► ' yuf.Yl: ► :: AILWilINMEMMMM 141*10 CONSTRUCTION REQUIREMENTS (1) The [post -construction] requirements of this Rule shall be implemented by permittees, delegated programs, and regulated entities in accordance with Rule .0151 of this Subchapter [Definitions: NPDES MS4 Stormwater] and Rule .1016 of this Section [Development in Urbanizing Areas: Applicability and Delineation]. 3. Part 5, Public Education and Outreach Program: The provided measurable goals are insufficient to determine if the target pollutants and audiences will be addressed over the term of the permit. More detail is necessary to demonstrate how specific pollutants and audiences will be addressed through public education and outreach. For example, clear, measurable and specific entries such as definite events or a minimum number of events/activities and the pollutant(s) are necessary. D North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center 1 Raleigh, North Carolina 27699-1612 E Q�� NORTH CAROLINA Oepartmeru of Environmeirtal Quad /`� 919.707.9200 4. Part 8, Construction Site Runoff Control Program: Also see comments 1 and 2.a above. Remove references to the NCGO10000 permit for construction activities and the state implemented construction stormwater permitting program. The City of Greenville delegated SPCA Program is the only applicable Qualifying Alternative Program and a local requirement for construction site waste management is required. 5. BMP 9.1.5: The Baseline Phase II Permit Template and SWMP Template include standard reporting requirements for low density permit inspections to meet the provisions for long term operation and maintenance and enforcement of 40 CFR 122.34(b)(5)(i)(C), EPA guidance, and the requirement that projects do not exceed low density development thresholds per 15A NCAC 02H .1003. This requirement may be met by an as -built review and inspection and policy for enforcing stormwater deed restrictions to ensure permitted projects remain under permitted low density thresholds. 6. BMP 10.2.C.1: Measurable goals should include both (a) update the SOP once in permit year 1, and (b) maintain the SOP continuously permit years 1 — 5. Revise the measurable goals accordingly. 7. BMP 10.1 LCA: Clarify that the city will perform an annual compliance inspection of industrial stormwater permitted municipal facilities with a yes/no/status reporting metric. The required revised Draft SWMP v3 submittal must include both a hard copy and a pdf electronic copy. Please also submit a Microsoft Word track changes version identifying all changes made to the Draft SWMP v2 to address these comments. Please submit the required Draft SWMP v3 to: DEQ-DEMLR Stormwater Program Attn: Jeanette Powell 1612 Mail Service Center Raleigh, NC 27699-1612 jeanette.powe11gncdenr.go Thank you for your prompt attention to this matter. Should you have any questions, please contact me at Jeanette.Powell&ncdenr. gov. Sincerely, Jeanette Powell MS4 Program Coordinator Cc via email: kmulligan&greenvillenc. gov LKirbyk greenvillenc.gov DNorriskgreenvillenc. gov Toby Vinson, DEMLR Chief of Program Operations Doug Ansel, NCDEQ Assistant General Counsel Samir Dumpor, Washington Regional Office NPDES MS4 Permit Laserfiche File D North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center 1 Raleigh, North Carolina 27699-1612 E Q�� NORTH CAROLINA Oepartmeru of Environmerrtal Quad /`� 919.707.9200