NCS000483_Kernersville NOD-2020-PC-0479_20201023

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
October 23, 2020
CERTIFIED MAIL 7018 1130 0000 1608 0640
RETURN RECEIPT REQUESTED
Town of Kernersville
Attn: Wendi Hartup, CSM, Stormwater Manager
509 Michael St.
Kernersville, NC 27284
Subject: NOTICE OF DEFICIENCY (NOD-2020-PC-0479)
Town of Kernersville
NPDES MS4 Permit No. NCS000483
Forsyth County
Dear Ms. Hartup:
On September 23, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Kemersville's 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 is required to complete the
following actions:
(1) Respond in writing within thirty (3 0) calendar days from the date of receipt of this notice to
acknowledge these requirements and the intent to comply.
(2) Submit documentation for review and comment within one hundred twenty (120) calendar days
from the date of receipt of this letter:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Section F: Post -Construction Site Runoff Controls and Section
H: Total Maximum Daily Loads. 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 II 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's self -audit.
DE North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
_ Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROUNA
Department of Environmental Quality 336.776.9800

(3) 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.
(4) 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: Zac Lentz
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
If the Town 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 143-215.6A].
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 Zac Lentz at
[phone] or [e-mail].
Sincerely,
;Taamera Eplin,
Regional Engineer
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (September 23, 2020, Town of Kernersville)
Copy of NPDES MS4 Permit No. NCS000483
ec: Wendi Hartup, CSM, Stormwater Manager (whartupktoknc.com)
Matt Gantt, Section Chief, Regional Operations([e-mail])
Jeanette Powell, DEMLR MS4 Program Coordinator ([e-mail])
Alaina Morman, DEMLR Stormwater Compliance & Enforcement ([e-mail])
DEMLR NPDES MS4 Permit Laserfiche File