NCS000481_Maiden Additional Information Request_20200423

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmental Quality
April 17, 2020
CERTIFIED MAIL 7019 1120 0000 5077 1988
RETURN RECEIPT REQUESTED
Town of Maiden
Attn: Wm. "Todd" Hermes, Town Manager
19 N. Main Avenue
Maiden, NC 28650
Subject: ADDITIONAL INFORMATION REQUEST (NOV-2019-PC-0284)
Town of Maiden
NPDES MS4 Permit No. NCS000481
Catawba County
Dear Mr. Hermes:
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 22, 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 Town 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 Town
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 Town 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 https:,(/deq.nc.gov/sw and include:
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NgRTH CAROLINA
° a^�^^Etmw"� /� 919.707.9200

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 Town of Maiden's Draft SWMP must
specifically address Maiden'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 Town's
08/02/2019 Draft SWMP.
l . 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 pennittee 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. The table below lists
some commonly used general terms in the submitted Draft SWMP and their specific and
measurable counterparts.
General
Specific & Measurable
Conversation
Train
Recommend
Adopt
Discuss
Incorporate
Note
Map
Ensure
Verify
2. 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.
3. 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.
4. The SWMP template is designed to compile the information into an annual reporting compliance
question: Did the Town complete the {MG} in {schedule for implementation}? Y/N and Status,
or a specific quantity.

5. Western Piedmont Council of Governments (WPCOG) included many similar education and
outreach 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 13, 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. Illicit Discharge Detection & Elimination (IDDE): Written IDDE Plan, dry weather
screening and procedures, and IDDE procedures, tracking, enforcement and
documentation.
b. Post -Construction Site Runoff Control Program: SCM inventory (public and private
SCMs), SCM operation and maintenance plans, SCM inspections, documentation,
tracking and enforcement.
c. Pollution Prevention/Good Housekeeping: Facility inspections, identification of facilities
with pollution potential, MS4 Operation & Maintenance Program, municipal 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 Town must
demonstrate or develop adequate resources and tools for implementation.
8. 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 Town 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 Town'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
Under the current DEQ Stormwater Program COVID-19 state of emergency policy, the Town 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 Town's
ranking elected official or designated Town staff member in compliance with Part IV, paragraph G of the
Town'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
i canette. powe112ncdenr. gov
If the Town 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-0284 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 Town at any time. Should you have any questions, please contact
me at Jeanette.Powellgncdenr.gov.
Sincerely,
C i,,�i1W.
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
Zahid Khan, Mooresville Regional Office
James Moore, Mooresville Regional Office
Stan Aiken, Asheville Regional Office
Isaiah Reed, Asheville Regional Office