NCS000542_Henderson Draft SWMP v2 DEQ Comment Letter_20210219

February 19, 2021

VIA EMAIL ONLY
RETURN RECEIPT REQUESTED

City of Henderson
Attn: Mr. E. Terrell Blackmon, City Manager
[e-mail]
134 Rose Ave
Henderson, NC 27536

Subject: COMMENTS ON DRAFT SWMP (NOV-2020-PC-0275)
City of Henderson
NPDES MS4 Permit No. NCS000542
Vance County

Dear Mr. Blackmon:

On December 16, 2019, the North Carolina Department of Environmental Quality (DEQ) audited the
Town of Benson (Town) for compliance with the subject NPDES MS4 permit. As a result, a Notice of
Violation (NOV) was issued to the Town on June 26, 2020. The NOV defined specific document
submittals and deadlines. The required Draft SWMP submittal version 1 was received on November 10,
2020; comments were provided on January 8, 2021, and version 2 of the Draft SWMP was received on
February 9, 2021.

Staff have reviewed the submitted Draft SWMP and have found it to be insufficient to meet the
requirements. Please consult the SWMP Template Instructions and General SWMP Guidance on
the DEQ MS4 Forms & Resources web page for additional information on preparing an
approvable SWMP and address the general comments provided below. Specific comments will be
provided once an acceptable SWMP has been submitted for review. Failure to submit a sufficiently
compliant Draft SWMP v3 may result in a notice of recommendation for enforcement.

The revised Draft SWMP is required to be signed and submitted to DEQ within thirty (30)
calendar days of receipt of this letter.

General Comments:

1. 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. Many provided
measurable goals are too vague to convey the task that will be performed. Define the overall goal
of the tasks in the BMP (Column A) section to provide context for the measurable goals.
2. Include frequencies in Column C - Schedule for Implementation (Once, Annually, Continuously,
etc.) and specific Permit Years that the measurable goal tasks(s) will be performed.
3. Annual Reporting Metrics in Column D must be brief and should be a reportable quantity,
Y/N/Status, etc. 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. This is to
facilitate electronic annual reporting in the future. These annual assessments will be utilized to
ensure the MS4 is on track to compliance. However, supporting documentation should be
maintained on site for the next compliance audit.
4. The Draft SWMP is heavily weighted on Permit Year 5 implementation. It is required that the
MS4 demonstrate a continuous path to compliance over all years of the permit.

The required revised Draft SWMP submittal must 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 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:
Annette Lucas, DEMLR Stormwater Program Supervisor
Alaina Morman, Enforcement Specialist
Bill Denton, Raleigh Regional Office
DEMLR NPDES MS4 Permit Laserfiche File