NCS000440_Woodfin NOV Meeting_20220110

From:Powell, Jeanette
To:Sheri D. Powers
Cc:Morman, Alaina; Adrienne D. Isenhower; Vehaun, Marshall J
Subject:RE: [External] NCS000440: Woodfin Notice of Violation and Penalty Assessments
Date:Monday, January 10, 2022 10:35:00 AM
Attachments:NCS000440_Woodfin Draft SWMP v1 DEQ Comment Letter_20210218.pdf
Hi Sheri,

Thank you for the information. I have sent a separate meeting invitation to you and Adrienne, and
you may forward it to any other staff you would like to include. As part of the meeting, we will
review the standard protocols for resolving a NOV.

As part of the standard Notice of Violation process, small MS4s must complete a series of steps
culminating in a compliant Draft Final SWMP. DEQ then sends the Draft Final SWMP and Draft MS4
Permit to public notice to solicit public and agency comments. Council approval is typically obtained
on the Draft Final SWMP just prior to public notice and/or the Final SWMP prior to DEQ approval and
permit issuance. If you seek Council approval of the current Draft SWMP in February, please be
aware that you will likely be returning for Council approval in the future.

Attached is the DEQ comment letter which was issued in response to Woodfin’s 02/11/21 Draft
SWMP submittal. The original Draft SWMP v1 document was substantially deficient, and a revised
version was required to be submitted for review by March 22, 2021. If Woodfin would like to submit
the August 2021 version provided in your email as the official response to DEQ comments, please
provide specific correspondence indicating such. In accordance with DEQ MS4 Program
requirements, the document cannot be reviewed without an official submittal, and will be returned
as insufficient if it does not address DEQ comments and/or is again substantially deficient. SWMP
guidance is available on the MS4 web page, and please just ask for anything you need that you do
not find there.

Regards,
J
Jeanette Powell
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw

From: Sheri D. Powers <[e-mail]>
Sent: Friday, January 7, 2022 9:37 AM
To: Powell, Jeanette <[e-mail]>
Cc: Morman, Alaina <[e-mail]>; Adrienne D. Isenhower <aisenhower@woodfin-
nc.gov>; Vehaun, Marshall J <[e-mail]>
Subject: [External] NCS000440: Woodfin Notice of Violation and Penalty Assessments

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
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Good morning Ms. Powell,

Thank you for reaching out regarding Woodfin’s MS4 permit. Although I was not directly involved in
Stormwater planning in my previous role with the Town, I do know that Stormwater has been one of
our top priorities and I believe the Town has made significant progress over the last year towards
gaining compliance with state and federal regulations in that area.

We have worked to complete our Stormwater management plan; a draft is attached for your
review. We are working to have the plan in final format ready to present the Town’s Board of
Commissioners for approval in February.

We are working to complete a stormwater infrastructure inventory that is slated for completion by
the end of this month. A draft can be found at the following link: https://arcg.is/1149910

Our Planning Director/Stormwater Administrator, Adrienne Isenhower, is working with the Land of
Sky Regional Council to review and complete our new MS4 application.

The Town has also exhibited their commitment to stormwater management by formally budgeting
substantial investments in stormwater planning and infrastructure through the general fund and ARP
special revenue funds. The town will receive around $2 million in ARP funding and reserved almost
half of those funds for Stormwater needs.

We welcome the opportunity to discuss next steps and are eager to gain compliance. Please let us
know when you would like to meet via Teams. Adrienne and I are available next Tuesday between
10:30am and 2, Wednesday between 1 and 3pm, anytime Friday the 14th or Wednesday the 19th
between 11am and 3. If you need to meet at any other time we will work to accommodate your
schedule.

Regards,

Sheri D. Powers
Interim Town Manager
Finance Director
90 Elk Mountain Rd
Woodfin, NC 28804

Office 828.253-4887 Cell
828 242-2014

From: Powell, Jeanette <[e-mail]>
Sent: Thursday, January 6, 2022 1:00 PM
To: Sheri D. Powers <[e-mail]>
Cc: Morman, Alaina <[e-mail]>
Subject: NCS000440: Woodfin Notice of Violation and Penalty Assessments
Importance: High

Hi Sheri,

I see from the Town’s web page that Jason Young is no longer the Town Administrator and that you
have been appointed as Interim Town Administrator effective 12/21/21. I would like to schedule an
online Microsoft Teams meeting at your earliest convenience to discuss the following urgent issues
regarding Woodfin’s Municipal Separate Storm Sewer System (MS4) Permit number NCS000440:

1. Town is currently under Notice of Violation (NOV) for failure to comply with the current MS4
permit.

2. The Town subsequently failed to comply with the requirements of the issued NOV and was
issued a Notice of Recommendation for Enforcement.

3. DEQ is currently evaluating penalty assessments for the documented ongoing permit
violations.

4. The current MS4 permit expires on 02/19/22, and the Town has failed to reapply for permit
coverage in accordance with the permit requirements in Part V, Duty to Reapply.

5. On February 20, 2022, the Town will be operating without a permit. This is a violation of state
and federal law subject to enforcement by DEQ and/or EPA.

Please reply with your earliest availability and I will schedule the meeting. Once you receive the
meeting invitation, you can forward it to any relevant Town staff that you would like to participate.

The Town’s permit file is available online in the DEQ Stormwater Program Laserfiche Repository and
MS4 information is available on the DEQ MS4 web page.

Regards,
J
Jeanette Powell
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw