NCS000424_Fletcher Draft SWMP v1 DEQ Comment Letter_20201216

December 16, 2020

VIA EMAIL ONLY
RETURN RECEIPT REQUESTED

Town of Fletcher
Attn: Mark Biberdorf, Town Manager
300 Old Cane Creek Road
Fletcher, NC 28732

Subject: PRELIMINARY COMMENTS ON DRAFT SWMP (NOV-2020-PC-0317)
Town of Fletcher
NPDES MS4 Permit No. NCS000424
Henderson County

Dear Mr. Biberdorf:

On July 16, 2020, the North Carolina Department of Environmental Quality (DEQ) audited the Town of
Fletcher (Town) for compliance with the subject NPDES MS4 permit. As a result, a Notice of Violation
(NOV) was issued to the Town on July 20, 2020. The NOV defined specific document submittals and
deadlines, which have been provided in a timely manner.

DEQ received the required Draft Stormwater Management Plan (SWMP), version 2, submittal on
November 6, 2020. Staff have reviewed the submitted Draft SWMP and request that the following
comments be addressed in a final Draft SWMP. The revised final Draft SWMP is required to be
signed and submitted, along with a permit renewal application, to DEQ within thirty (30) calendar
days of receipt of this letter.

Comments

1. General comment: Include frequencies in Column C - Schedule for Implementation (Once,
Annually, Continuously, etc.) and Permit Years that the measurable goal tasks(s) will be
performed. See SWMP Template Instructions and General SWMP Guidance on the DEQ MS4
Forms & Resources web page for additional information.
2. General comment: Annual Reporting Metrics in Column D should be a reportable quantity,
Y/N/Status, etc. See SWMP Template Instructions and General SWMP Guidance on the DEQ
MS4 Forms & Resources web page for additional information. Results, documentation, etc. are
not appropriate reporting metrics, but do identify tasks and supporting information that should be
maintained on site for future compliance audits. Please also be aware that the SWMP will
directly translate into an excel spreadsheet for the annual assessment (annual report) that will be
required once a new permit is issued. Therefore, reporting metrics should be brief and additional
documents will not be acceptable.
3. General Comment: Measurable Goals must be specific, measurable, achievable, realistic and
timely BMPs to define the specific steps to bring the program into compliance over the permit
term. Several provided measurable goals are too vague (essentially a plan to make a plan).

4. Permit Ref. 3.2.2 and 3.2.4: Measurable Goals must be sufficient to demonstrate that all target
audiences will be engaged for target pollutants/sources during the permit term. Proposing a
measurable goal to make a plan is not detailed enough to ensure that compliance will be attained
if tasks are completed.
5. Permit Ref. 3.4.3: This section must include Measurable Goals to: (1) develop a written IDDE
Plan, (2) submit it to DEQ for review and approval (report date submitted) in Permit Year 1, (3)
Implement the approved plan Continuously in Permit Years 2-5 (report Y/N/Status). The written
plan must include the SOPs and standard documentation for Permit Ref. 3.4.3(a) – (e).
6. BMP 16: MS4 mapping is proposed to be completed in Permit Year 5, but will be relied upon to
perform an outfall assessment in Permit Year 1. Resolve the discrepancy.
7. BMP 16.C and D.3: Incorrectly references BMP #15 (legal authority).
8. BMP 17: Resolve circular cross-reference to BMP 17.
9. BMP 18: Two measurable goals are needed: (1) Create form and (2) Perform inspections using
form.
10. BMP 19.B.1: Split into two measurable goals: (1) Develop training, and (2) Train staff.
11. Table 16: Delete the State Implemented SPCA Program since the town relies upon the county,
not the state, for program implementation.
12. BMP 24: Include a Measurable Goal to implement the ordinance.
13. BMP 26: Specifically include ordinance(s) for deed restrictions, covenants, and low-density
inspections.
14. BMP 27: Resolve circular reference to BMP 27.
15. BMP 28: Set specific measurable goals, such as inspect 20% of low density projects each year, to
demonstrate that all will be inspected once per permit term and report interim progress towards
that goal by reporting the number inspected each year.
16. BMP 29: Set specific measurable goals, such as inspect 20% of SCMs each year, to demonstrate
that all will be inspected once per permit term and report interim progress towards that goal by
reporting the number inspected each year and total number of SCMs.
17. BMP 31: Also report number of facilities that require a SPCC Plan and include a measurable
goal for developing the facility specific SPCC Plans.
18. BMP 34: Staff training, MS4 inspections, and reporting the number of storm drains / catch basins
cleaned is required. Set specific measurable goals, such as inspect and maintain 20% of MS4
each year, to demonstrate that all will be inspected / maintained once per permit term and report
interim progress towards that goal by reporting the numbers inspected and maintained each year.
19. BMP 35: Include measurable goals to maintain a municipal SCM inventory, document an
appropriate O&M Plan for each device, and report number of inspections performed and number
of devices maintained each year.
20. BMP 37: Municipal facilities that require an NDES Stormwater Permit should already be
permitted and it is a violation of the Clean Water Act for them not to be permitted. Please change
this BMP to identify and permit subject facilities no later than July 31, 2021.
21. BMP 38: Include a measurable goal for leaf collection and report volume of leaves collected.
Report road miles swept or amount of solids collected from street sweeping operations.
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 staff member in compliance with Part IV, Paragraph G of the
current MS4 Permit.

Please submit the required signed Draft SWMP v2 and permit renewal application 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 [e-mail].

Sincerely,

Jeanette Powell
MS4 Program Coordinator

Cc via email:
[e-mail]
Annette Lucas, DEMLR Stormwater Program Supervisor
Stan Aiken, Asheville Regional Office
Isaiah Reed, Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File