NCS000453_NOV-2020-PC-0362_20200915

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
CERTIFIED MAIL
Town of Indian Trail
Attention: Michael Alvarez, Mayor
315 Matthews Indian Trail Road
Indian Trail, North Carolina 28079
NORTH CAROLINA
Environmental Quality
September 15, 2020
7019 1640 00013337 7624
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0362)
Town of Indian Trail
NPDES MS4 Permit No. NCS000453
Union County
Dear Mr. Alvarez:
On August 5, 2020, staff from the North Carolina Department of Environmental Quality
(NCDEQ) conducted a compliance audit of the Town of Indian Trail 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 NCDEQ 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 NCDEQ policy, a new 5-year MS4 permit will be
issued in response to the audit. To address the MS4 permit deficiencies, the Town of Indian
Trail 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 NCDEQ.
(3) Submit documentation for review and comment within one hundred twenty (120)
calendar days from the date of receipt of this letter:
Not Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Mooresville Regional Office 1 010 East Center Avenue, Suite 301 ; Mooresville, North Carolina 28115
704.6631699

Notice of Violation
Town of Indian Trail
September 15, 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 II Section F: Post -Construction Site
Runoff Controls; Section G: Pollution Prevention and Good Housekeeping for
Municipal Operations and Section H: Total Maximum Daily Loads (TMDLs).
The self -audit must be documented utilizing the NCDEQ standard MS4 Permit
Compliance Audit Report Template.
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 NCDEQ
Phase II MS4 SWMP Template. The SWMP must address all known compliance
deficiencies including, at a minimum, the items detailed in the NCDEQ MS4
Program Audit Report and the Town of Indian Trail self -audit.
(4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written
NCDEQ 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
NCDEQ approval and final permit issuance. The final NCDEQ-approved SWMP shall
become an enforceable component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to Isaiah.Reed &.ncdem.aov, or to:
DEQ-DEMLR Stormwater Program
Attention: Isaiah Reed
2090 U.S, Highway 70
Swannanoa, North Carolina 28778
If the Town of Indian Trail fails to meet the aforementioned requirements and/or submits a
significantly noncompliant Draft SWMP, NCDEQ 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 NCDEQ does not preclude
the EPA from carrying out its own enforcement case against the permittee.

Notice of Violation
Town of Indian Trail
September 15, 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(a,ncdenr.gov.
Sincerely,
t'Q _S 10�
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Division of Energy, Mineral & Land Resources
Enclosures: NCDEQ MS4 Program Audit Report (August 5, 2020, Town of Indian Trail)
Copy of NPDES MS4 Permit No. NCS000453
Sample Council Resolution
cc: Todd Huntsinger, Director of Engineering, tdhOindiantrail.orq
Jeanette Powell, DEMLR MS4 Program Coordinator, Jeanette.Powell(o)ncdenr.gov
Alaina Morman, DEMLR Stormwater Compliance & Enforcement, alaina.morman(ncdenr.gou
DEMLR NPDES MS4 Permit Laserfiche File