NCS000394_NOV Council Resolution_20210210

LeAnn Pierce
Mayor
Steve Shuttleworth
Council Member
Lynn Barbee
Council Member
Town of Carolina Beach
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Tel: [phone]
Fax: [phone]
February 10, 2021
DEQ-DEMLR Stormwater Program
Attn: Alaina Morman
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: Town Council Adoption of Stormwater Resolution
Dear Alaina,
Jay Healy
Mayor Pro Tem
JoDan Garza
Council Member
Ed H. Parvin
Interim Town Manager
The Carolina Beach Town Council adopted the necessary Stormwater resolution at their February
meeting. Attached you will find the original signed document for your files. As always, thank you for your help
and guidance throughout this process and as we move forward. Please feel free to contact me if there are any
questions or concerns.
Sincerely,
Brian Stanberry
Director of Public Works
Town of Carolina Beach
910-458-8291 office
910-443-1837 mobile
brian.stanberry�ic carolinabeach.org

Town Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
Resolution No.: 21-2233
Date Adopted: February 91h, 2021
RESOLUTION AFFIRMING THE TOWN OF CAROLINA BEACH COUNCIL'S SUPPORT
REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater management program that meets
the requirements of the Town of Carolina Beach's National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit number NCS000394 to discharge
stormwater, inclusive of the required Stormwater Management Plan to be prepared by the Town of
Carolina Beach and approved by the North Carolina Department of Environmental Quality.
WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater
discharges from municipal separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of
Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality issued the Town of Carolina Beach
its third NPDES MS4 Permit for discharge of stormwater on February 27, 2017; and
WHEREAS, the Town of Carolina Beach was issued Notice of Violation number NOV-2020-13C-0546 on
January 411, 2021 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the Town of Carolina Beach acknowledges the specific Notice of Violation requirement to
obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Carolina Beach 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 comply with Section 402(p)(3)(B)(iii) of the Clean Water Act, 40 CFR 122.34(b) and
NPDES MS4 Permit requirements, and to submit its draft Stormwater Management Plan to the North
Carolina Department of Environmental Quality no later than May 40, 2021 for review and approval; and
WHEREAS, the Town of Carolina Beach acknowledges the specific Notice of Violation requirement to
adopt a Council Resolution to implement a compliant and enforceable stormwater management
program as defined by both the NPDES MS4 Permit number NCS000394 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 March 511, 2021; and
WHEREAS, the Town of Carolina Beach 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
WHEREAS, the Town of Carolina Beach 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-0546; and

Town Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
WHEREAS, the Town of Carolina Beach acknowledges that any North Carolina Department of
Environmental Quality enforcement action and penalties may not prohibit the U.S. Environmental
Protection Agency from taking its own enforcement action for non-compliance with the issued NPDES
MS4 Permit,
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Carolina Beach hereby affirms its
support for development and implementation of a compliant NPDES MS4 Stormwater Program.
Alqxlvv�
_
LeAnn Pierce, Ma r
Brian Stanberry, Stormwater Program
Administrator
Bruce Oakley, ow Manager
I.WVtA a J 000twL
Kim Ward, Town Clerk
ADOPTED
BY the
Town Council of the Town of
Carolina Beach, North Carolina the 9`" day of February,
2021 and
signed
in authentication thereof the
9" day of February, 2021,