NCS000542_Henderson Council Resolution_20200826

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NORTH CAROLINA OFFICE OF THE CITY MANAGER
PO Box 1434 134 Rose Avenue.Henderson,NC 27536 . P(252)430-5701 F(252)492-7935 •Emaii eblackmon(dd.henderson.nc.us
RECEIVED
Monday,August 17, 2020 AUG 2
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Ms.Alaina Morman DC-NR-LAND QUALITY
NCDEQ—DEMLR—Stormwater Program S1 ORMWATER PERMITTING
1612 Mail Service Center
Raleigh,NC 276699-1612
Re: City of Henderson's MS4 Stormwater NOV-2020-PC-0275 &Intent to Comply
Dear Ms.Morman:
The City of Henderson received our Notice of Violation (NOV-2020-PC-0275) on July 14, 2020, and we
have reviewed the contents of the letter. The City believes in the intent of the MS4 program and has taken
the resolution to City Council at the first regular session after receiving notification. City Council has
executed the resolution (see attached) and intends to produce a compliant MS4 program. City Council
approved funding to hire a consultant, AECOM, to help us with our self-audit prior to the State auditor's
on-site visit. Staff is currently in the process of drafting a Stormwater Management Plan(SWMP)which
will consider the following:
1. all the key stones of the MS4 program,
2. our deficiencies identified in the self-audit
3. comments from the state auditors
The City will submit an NPDES MS4 permit application within 30 days of receiving written DEQ
concurrence that our submitted Draft SWMP documents a compliant stormwater program. The City
appreciates the time allotted by the State to build-out and modify our program to get all the administrative
pieces in place from data collection,financial accounting and staffing to implement the MS4 program.
Please let this letter serve as the City of Henderson's intent to comply with the MS4 program, and the
attached Resolution provides City Council's intent to make our MS4 program successful.
Sincerely,
Edward T. Blackmon
City Manager
Enclosure: Resolution 20-50
CC: Clark Thomas, City Engineer
Andy Perkinson, Public Works Director
File

399
RESOLUTION 20-50
RESOLUTION AFFIRMING THE CITY OF HENDERSON COUNCIL'S
SUPPORT REGARDING IMPLEMENTATION OF A COMPLIANT
NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater managem
ent program that meets
the requirements of the CITY OF HENDERSON National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storrn Scvcr System (MS4) Permit number NCS000542 to discharge
stormwater, inclusive of the required Stormwater Management Plan to he prepared by the CITY OF
I ILINDERSON and approved by the North Carolina Department or Environmental Quality.
WIIEREAS. Section 402(p) of the federal Clean Water Act requires NPDES permits for storray.-ater
discharges from municipal separate stone sewer systems;and
)VIIEREAS. in North Carolina, NPDES Permits are issued by the North Carolina Department of
Environmental Quality;tind
WHEREAS, the North Carolina Department of Environmental Quality issued the CITY OF
HENDERSON, its third NPDES MS4 Permit for dischar-c of stormwater on Fcbruary 27-—'()17.
cnrtl
AWEREAS. the CITY OF HE'NOERSON wits issued Notice of Violation number NOV-2020-PC-0275
on JUNE26,2020 for noncompliance with tile issued NPDES MS4 Permit:and
WHEREAS,the CITY OF HENDERSON acknowledges the specific Notice of Violation requirement to
obtain a new individual NPDES MS4 permit.end
ICIIEREAS. the CITY OF HENDERSON acknowledges the specific Notice of Violation requirement to
conduct a self-audit of permit compliance for the balance of permit requirements not specifically
audited by the North Carolina Department of Environmental Quality, and to develop a draft
Stormwater Management Plan to cornph. with Section 402(p)(3)(f3)(iii)of the Clean Water Act,
40 CTR 122.34(h) and NPDES MS4 Permit requirements. and to submit its draft Stormwater
Management Plan to the North Carolina Department ofLnviromilental Quality no later than 24
October 2020 (120 Days From NOV Date:June 26.2020)for review and approval:and
WHEREAS,the CITY OF HENDERSON acknowledges the specific Notice of Violation requirement to
adopt a Council Resolution to implement a compliant and enforceable storinwater mana6yernent
program as defined by both the NPDES MS91 Permit number NCS000542 and the required new
Stormwater Management Plan, and said resolution is to be submitted to the North Carolina
Department of Environmental Quality no later than 25 August 2020(60 Days Front NOV Date;
June 26,2020);and
FVREW-AS, the CITY OF I iENDERSON acknowledges the requirement to provide adequate funding
and staffing, to implement a Stormwater Management Program that complies with its NPDES
MS4 Permit and approved Stormwater Management Plan,and
Resolution Book 6
Resolution 20-50,Page I oft

400
WHEREAS. the ary OF HENDERSON acknowledges that North Carolina Department of
Environmental Quality enforcement action and penalties could result from non-compliance with
the specific requirements in Notice of Violation number NOV-2020-PC-0275-.and
WHEREAS. the CITY OF HENDERSON acknowledges that any North Carolina Department of
Environmental Quality enforcement action and penalties may not prohibit the U.S.Emironmental
Protection Agency from taking its own enforcement action for non-compliance with the issued
NPDES,MS4 Penmit,
NOW, THEREFORE BE IT RESOLVED that the Council of the CITY OF HENDERSON hereby
affirms its support for development and implementation of a compliant NPDES KIA Stormwater
Program.
Eddie FIlinglon,Mayor E.Terrell Blackmon,City Manager
Clark'ThOntas,Stormwater Program Administrator Esther J.McockirL City Clerk
ADOPTED BY the City Council of the CITY OF HENDERSON, North Carolina the lClAday of
4474,.s[ 12020 and signed in authentication thereof the 1,3'r'Klay of/A.au's i--2020.
6 1 V
The foregoing Resolution 20-50 upon motion of Council Member Daeke and second by Council
Member Coffey,and having I-&en submitted to a roll call vote received the following votes and
was APPROVED on this the 10'6 day or August 2020: YES: Barnette, Dackc, Spriggs,
Williams and Coffey. NO:None. ABSTAIN:None. ABSENT: Rainey and Simmons. (0erk's
.dote: Due io Zoom audiv problems Council Momher Ellioll was unable to communicate her
vote)
Eddie Ellington,Mayor
A TTENT.
Esther J.Mkractin,City Clerk
A proved to Legal Form:
D.Rix Edwards,City Attonfey
Reference: ,Vinute Book 45,p 199, C,4 F 20-76
Revolution Rook 6
Resolution 20-50,Page 2 of 2