NCS000478_Laurel Park DEQ SWMP v1 Comment Letter_20201125

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
November 25, 2020
CERTIFIED MAIL 7019 1120 0000 5077 1728
RETURN RECEIPT REQUESTED
Town of Laurel Park
Attn: Christopher Todd, Town Manager
441 White Pine Drive
Laurel Park, NC 28739
Subject: Comments on Draft SWMP (NOV-2019-PC-0605)
Town of Laurel Park
NPDES MS4 Permit No. NCS000478
Henderson County
Dear Mr. Todd:
On August 12, 2019, the North Carolina Department of Environmental Quality (DEQ) audited Town of
Laurel Park for compliance with the subject permit. As a result, the North Carolina Department of
Environmental Quality (DEQ) issued a Notice of Violation (NOV) to the Town of Laurel Park on August
26, 2019. The NOV defined specific document submittals and deadlines, which have been provided in a
timely manner:
City Council resolution demonstrating support for a compliant program,
Self -audit of permit components not audited by DEQ, and
Draft Stormwater Management Plan (SWMP).
DEQ received the required Draft Stormwater Management Plan (SWMP) submittal for NOV-2019-PC-
0605 on December 20, 2019. Staff have reviewed the Draft SWMP submittal and request that the
following comments be addressed in a second Draft SWMP submittal, to be provided to DEQ
within thirty (30) calendar days of receipt of this letter. Several of the comments in this letter were
mentioned during our October 28, 2020 meeting, but are included again to serve as a reminder.
Specific Comments
3.2 Existing MS4 Mapping (p.4)
The word "major" should be added to the following sentence as indicated:
The Town of Laurel Park has a historic count of 14 major outfalls per the GIS layer created; however, it
is not certain that all of these are major per the definition provided below.
3.6 Endangered and Threatened Species and Critical Habitat
Table 4 needs a legend to define the Federal Listing Status
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
NORTH CAROLINA
UP.M..1ae.w.—biDwiI� 919.707.9200

3.9 Target Pollutants and Sources
We discussed this section and you agreed that some of the potential pollutants identified could pose a
greater threat to water quality than others. The revised SWMP should explain this difference.
3.3 Receiving Waters and 3.9 Target Pollutants and Sources
Table 2: Summary of MS4 Receiving Waters (p.5) implies that none of the waters on the table are
exceeding criteria, yet in 3.9 Target Pollutants and Sources, the Underground Storage Tank and Illicit
Discharges sections (p.10) imply there are streams in MS4 area that are exceeding criteria. Please explain
or address this apparent discrepancy.
4.1 Organizational Structure
Table 8 Summary of Responsible Parties (pp.12-13)
Chris Todd is responsible for ten categories and Andrew Griffin is responsible for four categories, please
specify staff who will assist Chris and Andrew in handling these categories.
4.2 Program Funding and Budget
More detailed funding and budget information will be provided in the annual reports.
4.3 Shared Responsibility
Table 9: Shared Responsibilities, under Construction Site Runoff Control Program, please replace
NCDEQ with Henderson County because the authority to administer this program has been delegated
from state to the county.
Part 5 Public Education and Outreach Program
Table 13 — BMP Nos. 3-7, 11, emphasize person to person contact, please include potential alternatives in
case COVID prevents or limits such contact preventing full completion of BMP.
Part 6 Public Involvement and Participation Program
Table 14 BMP No. 16 — Water Resources Committee — please include potential alternatives in case
people cannot meet in person.
Table 14 BMP No. 17 — Stream Cleanup — please mention that COVID safe practices will be followed
during cleanups (if necessary)
Part 7 Illicit Discharge Detection and Elimination
Table 15 BMP No. 19 — Ordinance Enforcement. Laurel Park IDDE Ordinance must be developed and
adopted prior to implementing this BMP. Reference IDDE ordinance in this BMP.
Table 15 BMP No.21 — Location of Priority Areas. The Division of Waste Management Site Locator
Tool could also be used to identify potential priority areas.
Part 8 Construction Site Runoff Control Program
This minimum measure is implemented by Henderson County. In Table 16, Implementing Entity
column, please replace NCDEQ with Henderson County. Henderson County implements program, but
Laurel Park should have access to construction site records, so that LP can be assured program is run
properly. There appears to be missing link under Table 16.
Table 17 BMP No. 32- first column — fourth line "constriction" should be "construction"
Part 9 Post -Construction Site Runoff Control Program
Henderson County implements the post construction minimum measure, but Table 20, BMP Nos. 34-43
has structure to allow Laurel Park to document program components.

During meeting between Laurel Park and NCDEQ- DEMLR-Stormwater, Laurel Park confirmed that
although a portion of LP falls within a Water Supply Watershed Protection (WSWP) area, LP is
implementing the Phase II post construction requirements throughout the entire town and thus meets the
WSWP requirements.
General Comments
Henderson County implements both the Construction and Post Construction Site Runoff Control
Programs. There should be a BMP under each of these sections that requires Laurel Park to ensure the
contractual (or similar) relationship between the two entities is reviewed and maintained. These should
include a statement that if the agreement(s) is/are terminated, the SWMP needs to be revised.
This was mentioned during meeting, but since several BMPs could be in more than one minimum
measure remember to give local government credit in all measures that apply. For example, some
measures in IDDE, Construction, Post construction, and Pollution Prevention and Good House Keeping
could also possibly count as public education.
Recommendations
The required revised Draft SWMP v2 submittal must 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
current MS4 Permit. Please submit the required Draft SWMP to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]
Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or Jeanette. [e-mail].
Sincerely,
w to-41
Powell
MS4 Program Coordinator
Cc via email:
Mike Mitchell, EPA Stormwater Enforcement
Annette Lucas, Stormwater Program Supervisor
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Isaiah Reed, Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File
Halee Ratcliff, Laurel Park