NCS000513_Harrisburg NOD-PC-2022-0074_20220525

DocuSign Envelope ID: 1132F795-3560-46FC-91B1-ll64E3D150BE
ROY COOPER
Governer
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Direrwr
CERTIFIED MAIL 7017 2620 0000 6788 2596
RETURN RECEIPT REQUESTED
NORTH CAROLINA
Environmental Quality
May 23, 2022
Town of Harrisburg
Attn: Rob Donham, Town Manager, Permit Owner
Post Office Box 100
Harrisburg, North Carolina 28075-0100
CERTIFIED MAIL 7017 2620 0000 6788 2S89
RETURN RECEIPT REQUESTED
Town of Harrisburg
Attn: Mallory Hodgson, Project Manager
4100 Main Street, Suite 101
Harrisburg, North Carolina 28075
Subject: NOTICE OF DEFICIENCY (NOD-2022-PC-0074)
Town of Harrisburg
NPDES MS4 Permit No. NCS000513
Cabarrus County
Dear Mr. Donham:
On April 26, 2022, 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 provided in the attached DEQ MS4 Permit Compliance Audit Report.
This report lists and describes the deficiencies with certain components of the MS4 permit, which constitutes
a violation of the Clean Water Act and is 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. As such, the permittee 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. Self -evaluate the permit components that were not reviewed by DEQ for compliance and submit the
results within one hundred twenty (120) calendar days from the date of receipt of this letter. The Part II
of the MS4 Phase II Audit Template on the DEQ stormwater web site can be used for this purpose. The
specific sections that should be self -audited include:
a. Section E: Construction Site Runoff Controls;
b. Section F: Post -Construction Site Runoff Controls;
c. Section H: Total Maximum Daily loads.
North Carolina Department of Environmental Quality Oivi�,ion of Energy, Mineral and Land Resources
Mooresville Regionai Office WO East Center .Avenue, suite 301 ; Mooresville, North Carolina 28115
704.o63.i6gq

DocuSign Envelope ID: 1132F795-3560-46FG91B1-1164E3D150BE
3. Develop a Stormwater Management Plan (SWMP) which details specific actions, measurable goals, and
implementation timelines for the stormwater management program over the new 5-year permit term.
The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP Template. The permittee shall
submit the SWMP to DEQ for review and comment within one hundred twenty (120) calendar days from
the date of receipt of this letter.
4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty (180) days prior to permit expiration, or
b. Within thirty (30) days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4 should submit the
application including a signed Final Draft SWMP. A new 5-year NPDES MS4 permit will be public
noticed along with the Draft Final SWMP.
S. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQ approval and
final permit issuance. The final DEQ-approved SWMP shall become an enforceable component of the
NPDES MS4 permit and an Annual Self -Assessment Template that corresponds to the approved SWMP
will be provided.
Required documentation shall be submitted via e-mail to Jeanette. [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
If the MS4 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 Al(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 Jesse McDonnell
at [phone] or [e-mail], or the MS4 Program Coordinator at
[e-mail].
Sincerely,
�DAoe('u'9lgnsd�b(y* A'A
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Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Department of Environmental Quality
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North Carolina Department of Environmental Quality Division of Energy. Mineral and Land Resources
Mooresville Regional Office i 610 East Center Avenue. Suite 301 ; Mooresville. North Carolina 28115
704.663,1699

DocuSign Envelope ID: 1132F795-3560-46FG91B1-1164E3D150BE
Enclosures:
CC:
DEQ MS4 Program Audit Report (May 18, 2022, Town of Harrisburg)
DEQ MS4 Permit Compliance Audit Report
Mallory Hodgson [e-mail]
DEMLR Stormwater Program Supervisor
[e-mail], DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File
�� North Carolina Department of Environmental Quality ; Division of Energy. Mineral and Land Resources
DMooresville Regional Office i 610 East Center .Avenue. Suite 301 ; Mooresville. North Carolina 28115
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�� 704.663.1699