NCS000426_Hickory DEQ SWMP v1 Comment Letter_20200415

ROY COOPER
Coves
MICHA7EL 5, REGAN
Sm"tar•F
BRIAR! WRENN
/iCrOh5r air,acldV
NORTH CAPOL -NA
Envirum mit?[Qacr y
April 15, 2020
CERTIFIED MAIL 7019 1120 0000 5077 1957
RETURN RECEIPT REQUESTED
City of Hickory
Attn: Warren Wood, City Manager
76 North Center Street
Hickory, NC 28601
Subject: ADDITIONAL INFORMATION REQUEST (NOV-2019-PC-0283)
City of Hickory
NPDES MS4 Permit No. NCS000426
Catawba County
Dear Mr. Wood:
This letter is to inform you that the Draft Stormwater Management Plan (SWMP) that the North Carolina
Department of Environmental Quality (DEQ) received on August 16, 2019 is insufficient to comply with
state and federal requirements for the Municipal Separate Storm Sewer System (MS4) Permitting
program. Furthermore, the Draft SWMP does not meet state and federal MS4 Permit requirements and,
as such, is an insufficient response to the Notice of Violation (NOV) that DEQ issued to the City on April
24, 2019.
The US Environmental Protection Agency (EPA), in MS4 General Permit Remand Rule (December 9,
2016), requires that permit provisions for the six minimum measures be "clear, specific, and measurable."
Measurable Goals (MGs) in a SWMP are technically permit requirements that the permittee is legally
required to both implement and document. In other words, MGs must be a clear, specific, and measurable
checklist of tasks that the permittee will complete to achieve compliance with the MS4 Permit. The City
of Hickory's Draft SWMP is insufficient because it contains many Measurable Goals that are not clear,
specific, and measurable. Providing a compliant SWMP within the timeframes stated in this letter is
required to resolve the subject NOV.
As the EPA's delegated permitting authority, DEQ determines whether a SWMP meets the requirements
of the National Pollutant Discharge Elimination System (NPDES) rules and MS4 Permit requirements.
Permittees are solely responsible for compliance with their MS4 Permits, and DEQ is committed to
assisting MS4 permittees in reaching this goal as much as possible.
To assist the City in addressing the deficiencies in its current Draft SWMP, DEQ is providing an
additional thirty (30) days to revise and resubmit the SWMP, as well as technical resources and general
comments for your reference in developing a compliant SWMP.
Technical resources for developing a compliant SWMP are accessible through the DEQ Stormwater
Program web page at hVVs:/Zdeq.nc.gov/sw and include:
North GU An m Departmrnl of EnyirwmentalQuality r DMs[on o(Energy. MTmrml and Land Resources
EQ Sit NmrEh Saltrtury SFrect I FG12 Mad Srrrlcr Center I RardgF� Ncwthfz"Ina27699-11312
90.707,9W00

1. General SWMP Guidance: This is a new document that outlines appropriate types of BMPs,
measurable goals, and reporting metrics. This document is available in the online Phase II MS4
Toolbox located on the NPDES MS4 Permitting Forms, Tools & Resources page.
2. Example Approved SWMP: There is a DEQ-approved SWMP that can serve as an example of
the level of detail and specific, measurable, achievable, reasonable, and timely (SMART)
commitments that are required in the Draft SWMP. The SMART obligations should clearly
detail the steps to achieve permit compliance. The example Approved SWMP can be accessed
through the online Stormwater Program Laserfiche Repository by searching permit number
NCS000397 to locate the City of Newton's Approved SWMP. Please keep in mind that every
MS4 has different compliance deficiencies to address, and the City of Newton's SWMP was
approved to bring their program into compliance. The City of Hickory's Draft SWMP must
specifically address Hickory's noted compliance deficiencies.
3. Interim SWMP Template Instructions: The instructions include an appendix of specific
examples. This document is available in the online Phase II MS4 Toolbox located on the
NPDES MS4 Permitting Forms, Tools & Resources page.
In addition to these technical resources, DEQ offers the following general comments on the City's
07/01/2019 Draft SWMP:
Provide sufficient detail in the Measurable Goals (MGs) to define specific commitments, or steps,
to achieve full compliance at the end of permit year 5. For the level of detail required and
appropriate entries, please refer to the technical resources listed above. The MGs are the specific
steps that the permittee will complete in order to gain compliance. Think of the MGs as a road
map to compliance, or a checklist of "to do" items which must be specific and measurable.
Please note that the MGs are technically permit requirements and the permittee is accountable for
implementation and demonstrating compliance with all commitments made. Where items are
used to meet more than one requirement, cross-referencing rather than duplicating can greatly
reduce the reporting and audit burden on a permittee.
2. Provide brief annual reporting metrics and DEQ will request supporting documentation as needed
to evaluate compliance. The MS4 should maintain appropriate supporting documentation on file.
Do not provide documentation or other information in the reporting metrics columns.
The SWMP template is designed to compile the information into an annual reporting compliance
question: Did the city complete the {MG} in {schedule for implementation}? Y/N and Status, or
a specific quantity.
4. A MG to complete or develop a map, plan, inventory, etc. should not have a "continuous"
schedule for implementation. These types of MGs are required to be completed by a specific
deadline (e.g. Permit Year 1) and should be reported as Y/N and Status. Implementation can
occur "continuously," but completion or development cannot. Also note that developing and
implementing are two separate MGs.
Western Piedmont Council of Governments (WPCOG) included many similar SWMP
requirements in the Draft SWMPs for each of the six NCS000474 co-permittees. These
commitments have since been updated through multiple revisions, with the most recent DEQ
letter being issued on April 8, 2020. Please update WPCOG items accordingly. [Note: The
specific letters sent to the NCS000474 permittees can be accessed through the online Stormwater
Program Laserfiche Repository.]
6. The Draft SWMP does not address several key deficiencies from the December 12, 2018
compliance audit. In general, a compliance deficiency is denoted as a "No" or "Partial" in the
EPA MS4 Program Inspection Report. Key deficiencies include, but are not limited to:

a. Post -Construction Site Runoff Control Program: Long term SCM operation and
maintenance and enforcement.
b. Pollution Prevention/Good Housekeeping: Facility inspections, identification of facilities
with pollution potential, MS4 Operation & Maintenance Program, SCM inventory, SCM
Operation & Maintenance Program, SCM inspections.
7. Please also note that there is a new permit requirement for low -density projects that must be
adequately addressed in the Draft SWMP [Permit Ref. 3.6.4(d)]. It is strongly recommended that
the permittee think through how low density inspections will be performed and how enforcement
will be carried out. The ordinance(s) must provide adequate authority, and the City must
demonstrate or develop adequate resources and tools for implementation.
Because the permittee has not yet developed required plans, appropriate BMPs cannot currently
be established in the SWMP. Therefore, the following required plans must be submitted to DEQ
for review and approval, and must include a detailed BMP table in the same format as the
SWMP. The approved BMPs will become an enforceable component of the NPDES MS4 Permit.
Please be advised that the City should currently be working towards bringing the stormwater
program into compliance with the current permit regardless of the permit renewal status.
Therefore, if not already completed prior to permit renewal, the City's new MS4 permit will
require the following basic program components to be completed within three (3) months of
permit issuance
a. IDDE Plan
b. MS4 O&M Plan
c. Municipal SCM O&M Plan
9. The Construction Site Runoff Control BMPs section references the county program in Table 16
and the city program in BMP 25. Please resolve the discrepancy.
10. Review the entire document for spelling, accuracy, unnecessary duplication, and provide
appropriate BMP cross-references.
Under the current DEQ Stormwater Program COVID-19 state of emergency policy, the City has thirty
(30) calendar days from the termination of the Governor's March 10, 2020 stay-at-home order to provide
DEQ with a complete, compliant and approvable Draft SWMP.
The required revised Draft SWMP v2 submittal must also include an electronic Word document in Track
Changes format, and a hard copy with a certifying statement and original "wet" signature by the City's
ranking elected official or designated City staff member in compliance with Part IV, paragraph G of the
City's current MS4 Permit. The revised Draft SWMP v2 shall be submitted to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
Jeanette. powell@ncdenr. gov
If the City fails to fully address the comments provided above, and/or submits another significantly
deficient Draft SWMP, then DEQ will return the document as incomplete and proceed with
enforcement.

Please also note that compliance with the requirements of the DEQ NOV-2019-PC-0283 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 City at any time. Should you have any questions, please contact
me at Jeanette.PowellAncdenr.gov.
Sincerely,
Jeanette Powell, CPSWQ
MS4 Program Coordinator
E-cc: Mike Mitchell, EPA Stormwater Enforcement
Annette Lucas, DEMLR Stormwater Program Supervisor
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Stan Aiken, Asheville Regional Office
Isaiah Reed, Asheville Regional Office
kwinkler(a)hickorync.gov
rpatton(a)hickorync.aov
kgreer(a)hickorync.gov
0white(a)hickorync.gov