NCS000476_Canton NOV-2020-PC-0502_20201201

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
December 1, 2020
CERTIFIED MAIL 70171070 0000 1775 8685
RETURN RECEIPT REQUESTED
Town of Canton
Attn: Jason Burrell, Town Manager
58 Park Street
Canton, North Carolina 28716
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0502)
Town of Canton
NPDES MS4 Permit No. NCS000476
Haywood County
Dear Mr. Burrell:
On November 19, 2020, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the Town of Canton 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 Canton 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:
D_E Q� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
_/ Asheville Regional Office 12090 U.S. Highway 701 Swannanoa, North Carolina 28778
•° u� ^••W^°+�'\ 828.296.4500

Notice of Violation
Town of Canton (NCS000476)
December 1, 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 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 of
Canton 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 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.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
notice 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
Town of Canton (NCS000476)
December 1, 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(i�ncdenr.gov.
Sincerely,
Stanley Aiken, tonal Engineer
Division of Energy, Mineral and Land
Resources
Enclosures:
DEQ MS4 Program Audit Report (November 19, 2020, Town of Canton)
Example Council Resolution
NPDES MS4 Permit NCS000476
Electronic Copy:
Jason Burrell, Town Manager [e-mail]
Annette Lucas, PE, DEMLR Stormwater Program Supervisor
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File