NCS000499_Kure Beach Draft SWMP v2 DEQ Comment Letter_20220510

May 10, 2022

VIA EMAIL ONLY
RETURN RECEIPT REQUESTED

Town of Kure Beach
Attn: Jimmy Mesimer, Jr., Public Works Director
117 Settlers Lane
Kure Beach, NC 2878628449

Subject: COMMENTS ON DRAFT SWMP (NOV-2020-PC-0013)
Town of Kure Beach
NPDES MS4 Permit No. NCS000499
Brunswick County

Dear Mr. Mesimer:

On December 10, 2019, the North Carolina Department of Environmental Quality (DEQ) audited the
Town of Kure Beach (Town) for compliance with the subject NPDES MS4 permit. As a result, a Notice
of Violation (NOV) was issued to the Town on January 7, 2020. The NOV defined specific document
submittals and deadlines, which have been provided in a timely manner.

DEQ received the required Draft Stormwater Management Plan (SWMP), version 1, submittal on
September 10, 2020 and v2 on March 16, 2021. Staff have reviewed the submitted Draft SWMP v2
and request that the following comments be addressed in a final Draft SWMP, which will be sent to
public notice with the Draft Permit. The revised final Draft SWMP is required to be signed and
submitted to DEQ within thirty (30) calendar days of receipt of this letter.

Comments

1. BMP 3: Change annual reporting metrics to the number of fliers distributed.
2. BMP 6: Add a measurable goal to train hotline staff in the appropriate handling of calls and
report the number trained.
3. BMP 6.D.4: Change annual reporting metric to number of stormwater hotline calls received.
4. BMP 7.C.1: Change schedule to monthly, Permit Years 1-5.
5. BMP 7.C.1: Change schedule to quarterly, Permit Years 1-5.
6. BMP 10.B.1: Change to “See BMP 7.B.2”.
7. BMP 11.B.2 and 3: The current wording implies that there are 4 unmapped outfalls; two will be
mapped in year 3 and two will be mapped in year 4. If this is not correct, please clarify the
language.

8. BMP 13.D.2: Change reporting metric to date submitted.
9. BMP 15: Add a measurable goal to implement IDDE tracking in Permit Year 3 and report the
number of IDDE inspections performed, number of potential illicit discharges (IDs) identified,
number of confirmed IDs and number of resolved IDs.
10. BMP 17.C.2: Change to Continuously, Permit Years 4-5.
11. BMP 18.B.C: Web page and hotline are established in permit year 1, so change to Permit Years
1-5.
12. BMP 18: Add a measurable goal to include hotline information on published materials such as
stormwater fliers, Permit Years 2-5.
13. BMP 23.B.2: Delete this measurable goal. Although local government may be more restrictive
in the local ordinance, the NPDES MS4 permit authority does not require / specify 5,000 sf or
10,000 sf.
14. BMP 26: Update BMP to state “Maintain a contract with a qualified professional…”,
Continuously Permit Years 1-5.
15. BMP 28.B.2: Clarify “…submit an annual SCM inspection…”
16. Permit Reference 3.6.6: Please clarify that the Town does not have any on-site septic systems, or
include a measurable goal to provide education on proper operation and maintenance to those
properties that do have a septic system.
17. BMP 30.B.3: Update to inspect facilities with stormwater pollution potential annually in Permit
Years 4-5 and report number of facility inspections performed.
18. BMP 31.B.2: “Staff” implies that all Town staff will be trained. If only specific staff will be
trained, please clarify.
19. BMP 32.A: Please include descriptive information such as whether the tank is above ground or
underground (AST or UST), the tank size, and the specific staff that will be trained in measurable
goal B.2 (“staff” implies all staff).
20. BMP 34.D.2: Report number of MS4 inspections performed.
21. Permit Reference 3.7.4: Add a BMP to develop a SCM O&M Program within 180 days of the
Town owning / operating any municipal SCMs.
22. BMP 35.B.1: “Staff” implies that all Town staff will be trained. If only specific staff will be
trained, please clarify.
23. BMP 37.B.2: Clarify that staff will be trained on the SOP developed in B.1.
24. BMP 38: Please clarify that this BMP is routine litter management.
25. BMP 39: The BMP as written says that the Town will sweep 30 miles of roadway per year, but
this does not provide reporting metrics that are useful for determining the effectiveness of this
BMP. Please update this BMP to (1) develop an annual street sweeping plan including schedules,
routes, and identification of high priority areas for more frequent sweeping (Permit Year 1,
Y/N/Status), and (2) implement the plan Continuously Permit Years 2-5 and report the volume of

street sweepings collected. It is recommended that the sweeping log support being able to
determine where high priority spots are.
26. Please submit either:
a. An executed Designation of Signature Authority (DOSA) form for the Public Works
Director to sign permit documents on behalf of the Town. 40 CFR 122.22 sets forth who
can sign MS4 applications and reports, and permit documents must be signed by the
Mayor or the City/Town Manager or a delegated individual. A Mayor or City/Town
Manager may delegate an individual using the Stormwater Delegation of Signature
Authority Form.
b. A new MS4 Permit Renewal Application signed by either the Mayor or the Town
Manager.
The required revised Draft Final SWMP (version 3) submittal must include a hard copy with a certifying
statement and original “wet” signature by the Town’s ranking elected official or designated staff member
in compliance with Part IV, Paragraph G of the current MS4 Permit.

Please submit an electronic copy and the required original signed Draft Final SWMP and new application
form / DOSA to:

DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]

Upon receipt and preliminary approval, a Draft Permit and the submitted Draft Final SWMP will be
published for a required 30-day public notice, which includes an EPA and public comment period. The
permit will be issued following resolution of any comments received.

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or [e-mail].

Sincerely,

Jeanette Powell
MS4 Program Coordinator

Cc via email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Danny Smith, DEMLR Stormwater Program Supervisor
Dan Sams, Wilmington Regional Office
Christine Hall, Wilmington Regional Office
DEMLR NPDES MS4 Permit Laserfiche File