NCS000404_Haw River NOD-2021-PC-0367_20210521

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRIAN WRENN
Director
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NORTH CAROLINA
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May 21, 2021
CERTIFIED MAIL 70171450 00016450 6179
RETURN RECEIPT REQUESTED
Town of Haw River
Attn: Sean Tencer, City Manager
PO Box 103
Haw River, North Carolina 27258
Subject: NOTICE OF DEFICIENCY (NOD-2021-PC-0367)
Town of Haw River
NPDES MS4 Permit No. NCS000404
Alamance County
Dear Mr. Tencer:
On May 5, 2021, staff from the North Carolina Department of Environmental Quality (DEQ) conducted a
compliance audit of subject National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit. The audit identified minor deficiencies with the specific components
of the MS4 permit that were reviewed, as provided in the attached DEQ MS4 Permit Compliance Audit
Report. This report lists and describes the 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 (3 0) calendar days from the date of receipt of this notice to
acknowledge these requirements and the intent to comply.
(2) 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 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
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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336-776-9800

(3) 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.
(4) 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 [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
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.1(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 NOD 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 Zac Lentz at
[phone] or Zac.Lentz(o-)=,ncdenr.gov.
Sincerely,
Tamera Eplin E
Regional En ineer
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (May 5, 2021, Town of Haw River)
ec: Josh Johnson, AWCK Vice President and Head of Engineering (joshk-awck.com)
Annette Lucas, DEMLR Stormwater Program Supervisor (Annette.Lucas@,,ncdenr.gov)
Jeannette Powell, DEMLR MS4 Program Coordinator (Jeanette.Powell(amcdenngov)
DEMLR NPDES MS4 Permit Laserfiche File