NCS000424_NOV-2020-PC-0317_20200720

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRlAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 20, 2020
CERTIFIED MAIL 7019 0700 0000 8867 8771
RETURN RECEIPT REQUESTED
Town of Fletcher
Attn: Rod A. Whiteside, Mayor
300 Old Cane Creek Road
Fletcher, North Carolina 28732
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0317)
Town of Fletcher
NPDES MS4 Permit No. NCS000424
Henderson County
Dear Mr. Whiteside:
On July 16, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Fletcher National Pollutant 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 Fletcher 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:
REQ 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
NOn TH CAPOt JKA
Nprt,-W EnM- —W O.41, 828.296.4500

Notice of Violation
July 20, 2020
Page 2 of 3
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part Il Section F: Post -Construction Site
Runoff Controls. 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 lI 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 Fletcher 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 [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
If the Town of Fletcher 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. l (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 143-21 S. 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.

Notice of Violation
July 20, 2020
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact
Isaiah Reed at [phone] or Isaiah. Reed(aQ,ncdenr.gov.
Sincerely,
::—
Stanley E. Ai; , PEoA
Regional Engineer
Division of Energy, Mineral and Land
Resources
Enclosures: DEQ MS4 Program Audit Report (July 16, 2020 Town of Fletcher)
Copy of NPDES MS4 Permit No. NCS000424
Sample Council Resolution
cc: Eric Rufa, Planning Director
[e-mail]
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stoirnwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File