NCS000394_NOV-2020-PC-0546_20210104

ROY COOPER
Governor
NCHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
EnvOnnmenta2 Quality
January 4, 2021
CERTIFIED MAIL 7008 1300 0000 1124 9073
RETURN RECEIPT REQUESTED
Town of Carolina Beach
Attn: Bruce Oakley, Town Manager
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0546)
Town of Carolina Beach
NPDES MS4 Permit No. NCS000394
New Hanover County
Dear Mr. Oakley:
On December 2, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Carolina Beach's (Town) 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 (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:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part II Section B: Public Education and Outreach; Section C,
Public Involvement and Participation; Section E: 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
North Carollm 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
����� 919.707.9200

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 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 Alaina.Mormanna ncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Alaina Morman
1612 Mail Service Center
Raleigh, NC 27699-1612
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.I(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.
Thank you for your attention to this matter. Should you have any questions, please contact Alaina
Morman at [phone] or Alaina.MormanQa ncdenr.gov.
Sincerely
�,
Annette Lucas, PE
Stormwater Program Supervisor
Division of Energy, Mineral, and Land Resources
Enclosures:
DEQ MS4 Program Audit Report (December 18, 2020, Town of Carolina Beach)
Example Council Resolution
Electronic Copy:
Brian Stanberry, Public Works Director
Jeanette Powell, DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File