NCS000488_Valdese NOV-2019-PC-0182_20190604

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
May 29, 2019
CERTIFIED MAIL 7017 1070 0000 1776 1937
RETURN RECEIPT REQUESTED
Town of Valdese
Attention: John F. Black Jr., Mayor
Post Office Box 339
Valdese, North Carolina 28690
Subject: NOTICE OF VIOLATION (NOV-2019-PC-0182)
Town of Valdese
NPDES MS4 Permit No. NCS000488
Burke County
Dear Mr. Black:
On October 3, 2018, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Valdese National Pollution Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. For your reference, a
copy of the MS4 Program Audit Report issued by DEQ is enclosed with this notice. This report
lists and describes the serious 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. To address the MS4 permit deficiencies, the Town of Valdese 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) Adopt a Council Resolution within sixty (60) calendar days from the date of receipt of this
notice. The resolution must declare support for a compliant stormwater management program.
A sample council resolution with the minimum requirements is enclosed with this letter. An
original signed document must be submitted to DEQ.
(3) Submit documentation for review and comment within one hundred twenty (120) calendar days
from the date of receipt of this letter:
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
�� 828.296.4500

a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part 11 Section B: Public Education and Outreach; Section C,
Public Involvement and Participation; Section D: Illicit Discharge Detection and
Elimination; Section F: Post -Construction Site Runoff Controls; Section G: Pollution
Prevention and Good Housekeeping. The self -audit must be documented utilizing 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
term. The SWMP must be documented utilizing the DEQ Phase 11 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 Town of
Valdese self -audit.
(4) 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.
(5) 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 Isaiah.Reedgricderingov, or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 US Highway 70
Swannanoa, North Carolina 28778
If the Town of Valdese 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:
Under state 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
Isaiah Reed at [phone] or Isaiah.Reedkncdenr.gov.
Sincerely,
%q
ley E. Aiken, PC�a�..,�Regional Engineer
Division of Energy, Mineral and Land

Resources
Enclosures: DEQ MS4 Program Audit Report (November 27, 2018, Town of Valdese)
Copy of NPDES MS4 Permit No. NCS000488
Sample Council Resolution
cc: Isaiah Reed, Stormwater Program Administrator
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File