NCS000478_Laurel Park SWMP v2 Comments_20210329

March 29, 2021

DELIVERY VIA EMAIL ONLY

Town of Laurel Park
Attn: Christopher Todd, Town Manager
[e-mail]

Subject: Draft SWMP v2 Comments
NPDES MS4 Permit No. NCS000478
Henderson County

Dear Mr. Todd:

On August 12, 2019, staff from the North Carolina Department of Environmental Quality (DEQ)
audited the Town of Laurel Park (Town) for compliance with the subject NPDES MS4 permit. As a
result, a Notice of Violation (NOV) was issued to the Town on August 2,6 2019. DEQ received the
required Draft Stormwater Management Plan (SWMP) version 2, which was submitted in accordance
with the issued NOV, on January 20, 2021.

Staff have reviewed the submitted Draft SWMP v2 and request that the following comments be
addressed in a Draft SWMP v3. The revised Draft SWMP v3 is required to be signed and
submitted to DEQ within thirty (30) calendar days of receipt of this letter.

Comments

1. General comment: Annual Reporting Metrics in Column D must be brief and should be a
reportable quantity, Y/N/Status, etc. Details and supporting documentation are not appropriate
annual reporting metrics, but do identify tasks and supporting information that should be
maintained on site for program evaluation and future compliance audits (staff positions,
agendas/materials, lists, chart, findings, remedy, etc.). DEQ will specifically request this level of
detail if/when needed.
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.
2. General comment: Include both a frequency and applicable permit year(s) in Column C -
Schedule for Implementation (Once, Annually, Continuously, etc.). See SWMP Template

Instructions and General SWMP Guidance on the DEQ MS4 Forms & Resources web page for
additional information. Please note that the new permit is expected to become effective on July 1,
2021, so “permit years” will coincide with the state fiscal year and annual reporting cycle.
3. General comment: BMPs should not restate the permit requirement. This part of the tables
should be utilized to generally and briefly explain what the permittee already does and is
expanding/changing. It provides the context for the specific measurable goals that create the task
list to be completed.
4. General comment: Please cross reference duplicative BMPs rather than repeating. For example,
BMP 41.B.2 should state “See BMP 40.B.4.”
5. General comment: Include the standard language that has been added to all SWMPs. The
required language is provided in the attached file 2021 SWMP Template Update_Track
Changes_20210309. The required changes are provided in Word-Track Changes format, and are
also highlighted in green and apply to Parts 1, 3.4, 3.6, 3.7, 8, and Tables 1, 4, 11, 12, 16, 17, 20,
and 21.
6. Part 3.2 Existing MS4 Mapping: The provided information is confusing and conflicting. The
text describes 14 major outfalls, then 13 major outfalls and Table 1 lists 13 major outfalls. Please
resolve the discrepancy.
7. Section 4.2 Program Funding and Budget: Please remove the last sentence “More detailed
funding and budgeting information will be provided in future annual reports.” The annual report
template will be provided by DEQ and detailed information will be specifically requested if
needed.
8. SPCA Program: Table 8 lists NCDEQ – Asheville Regional Office as the responsible party for
construction site runoff controls. Table 9 lists Henderson County. Table 16 lists both. Per the
Henderson County web page, the county provides services to laurel park and others under their
delegated local program. Therefore, Laurel Park is relying upon the delegated local program for
Henderson County, not DEQ. Please resolve the discrepancies.
9. BMP 3: Please define the stormwater events that will be utilized to engage the listed target
audiences of “residences, municipal employees, businesses, and industrial facilities.” Since the
permittee implements a stormwater utility fee, it is recommended that a utility bill insert be
utilized to assure engagement of all audiences via a COVID friendly option.
10. BMP 4: A specific minimum number and type of event(s) must be provided.
11. BMP 5: Clarify which civic organizations/audiences will be addressed and how engagement will
occur (e.g. are presentations provided upon request, or does the permittee actively seek and
provide them). A specific minimum number and type of event(s) must be provided.
12. BMPs 3 and 6: These appear to be essentially the same BMP – development of fliers/brochures.
Please clarify the differences or combine the two.
13. BMP 9: Clarify how the survey will be administered to reach the listed audiences.
14. BMP 10: Include written educational materials on the web page (cross reference BMPs 3 and 6).
15. BMP 11: Define the distribution method for materials.
16. BMP 17: Provide a minimum number of events. It is recommended that one stream clean up
event coincide with the national Big Sweep in order to leverage the additional outreach and
awareness of this annual event.

17. BMP 20 & 21: Add a measurable goal to submit the written IDDE Plan to DEQ for approval.
The annual reporting metric should be the date submitted. Include the strategy for locating high
potential areas in the IDDE plan.
18. BMP 22 – 24
19. BMP 25.B.3: Clarify if the permittee will be correcting the issue or enforcing the ordinance and
requiring the violator to correct the issue. As currently written, it sounds like the permittee will
be correcting the issue, which is unusual.
20. BMP 36.A: Change permit to permittee.
21. Post-Construction Stormwater Ordinances: Please correct and clarify all references. It appears
that the listed ordinances were adopted in 2008, but the schedule in BMP 37.C.1
states :…following the adopted of the …ordinance.” The town’s web page shows the
development ordinances for stormwater as Chapter 53, yet the listed ordinances in Table 19 are
Sections 100-500. The Henderson County web page states that the county implements the town’s
local ordinance.
22. BMP 37.B.2, 37.C.2. and 8.B.1.: The referenced checklist is not previously mentioned. Please
clarify this measurable goal.
23. BMP 41.D.1: The noted information should be recorded and maintained. However, the annual
reporting metric should be Yes/N/Status.
24. BMP 41.B.3. and 42.B.3: Include a measurable goal to develop low density and high density
educational materials
25. BMP 43.B.2: The requirement is to address proper operation and maintenance of septic systems
within the town’s jurisdictional area. Please clarify that the term “environmental stressors”
addresses the permit requirement.
26. BMP 44.D.3 and 51.D3: Remove “All amendments are to be approved by DEQ.” In permit
compliance terms, this language requires the DEQ to approve the amendments. Please be aware
that any major changes to the SWMP or associated documents, once approved, requires submittal
to DEQ for review and approval, but the permittee cannot guarantee or commit to DEQ approval.
27. BMP 44.A.: Please change “regulations” to “requirements”. The MS4 state and federal
regulations do not contain the specific requirements, whereas the permit does.
28. BMP 45: All municipal facilities should be evaluated for pollution potential once per permit
term. Those that have pollution potential or are subject to an industrial stormwater permit should
be inspected at least once per year. Annual reporting metric for #4 should be number of facilities
requiring corrective actions.
29. BMP 47.D.2: Change the annual reporting metric to date submitted. The permittee cannot
guarantee that DEQ will approve the plan in permit year 1.
30. BMP 52.B.5: Please change “housekeeping” to O&M.
31. BMP 55.B.1: Include the narrative description in column A, and list “develop written protocol”
in Column B as the task to be completed.
32. BMP 55.D.3: Change annual reporting metric to number of violations.
33. BMP 56.A: Change “following DEQ requirements” to “in accordance with applicable regulatory
requirements”. It is possible that federal, state and/or local requirements could dictate disposal
requirements.
34. BMP 56.D.1: Provide number of industrial stormwater permitted facilities.

35. BMP 57: Include measurable goals that also focus on high priority areas. It is recommended that
amount of material be tracked for routes in order to identify and target more frequent sweeping of
high priority areas. Measurable goals are needed to address the permit requirements to establish
specific frequencies, schedules and documentation. Lane miles are not an appropriate metric for
parking lots; typically acres or amount of solids collected are utilized.
36. BMP 58: It appears that this measurable goal should say parking lots and public waste
receptacles.”

Please consult the SWMP Template Instructions and General SWMP Guidance on the DEQ MS4 Forms
& Resources web page for additional information on preparing the SWMP and address the provided
comments. The required revised Draft SWMP v3 submittal must include two documents:
1. An electronic Word document in Track Changes format to document the revisions to Draft
SWMP v2, and
2. A hard copy Draft SWMP v3 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 Final SWMP v3 to:

DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]

Upon resolution of comments and preliminary approval, a Draft Permit and the submitted Draft Final
SWMP will be published for a required 30-day public notice, which includes an EPA and public comment
period. The permit will be issued following resolution of any comments received and is expected to
become effective on July 1, 2021.

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[e-mail].

Sincerely,
Jeanette Powell
MS4 Program Coordinator

Attachment: 2021 SWMP Template Update_Track Changes_20210309

Cc: [e-mail]
[e-mail]
Annette Lucas, Stormwater Program Supervisor
DEMLR Asheville Regional Office
MS4 Permit File