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HomeMy WebLinkAboutNCS000407_Council Resolution and Acknowledgement letter_20210702MOUN4 HOLY Z C� June 29, 2021 ( yF� s R s� . DEQ-DEMLR Stormwater Program Attn: Jesse McDonnell ce°° 610 East Center Avenue Mooresville, NC 28115 Subject: NOTICE OF VIOLATION (NOV-2021-PC-030) Dear Mr. McDonnell: This letter is in response to your findings during the compliance audit for the City of Mount Holly. An adopted Council Resolution declaring support for a compliant stormwater management program within sixty (60) days of your letter is attached. In your NOV letter dated June ZIP, there were several deficiencies within the MS4 permit that are in need of correcting, see listed below: (This will be submitted to the DEC. by the one hundred twenty (120) day requirement.) • Implement & maintain the Illicit Discharge Detection & Elimination Program Plan • Implement & Maintain the MS4 Operation & Maintenance Program Plan • Implement & Maintain the Municipal SCM Operation & Maintenance Program Plan • Conduct a self audit to include and evaluation of compliance with permit conditions for Construction Site Runoff Controls, Post Construction Site Runoff Controls and Total Maximum Daily Loads using DEQ standard MS4 Permit Compliance Audit Report Template • 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. We will utilize the DEQ Phase II MS4 SWMP Template. • Submit an NPDES MS4 permit application within thirty (30) days of receiving written DEQ concurrence that the submitted draft SWMP documents a complaint stormwater management program. • Respond to public comments on the draft SWMP and submit a final SWMP for DEQ approval and final permit issuance. Please use this letter as an acknowledgement that The City of Mount Holly understands the requirements and will comply within the required time frames. City E. Johndon PE Director/City Engineer P.O. Box 406 Mount Holly, North Carolina 28120 Resolution No: # llbl/_, , lllzb o M zo Date Adopted: 0%OaP4,0 �a 6�0. 6y" O� RESOLUTION AFFIRMING THE CITY OF MOUNT HOLLY COUNCIVS SUPPORT REGARDING IMPLEMENT FFSION OFA COMPLIANT NPDES MS4STORMWATER PROGRAM A RESOLUTION to develop and implement a compliant stormwater management program that meets the requirements of the City of Mount Holly's National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer system (MS$) Permit Number NCS000407 to discharge stormwater, inclusive of the required Stormwater Management Plan to be prepared by the City 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 City of Mount Holly Its second NPDES MS4 permit for discharge of stormwater on February 20, 2017; and WHEREAS, the City of Mount Holly was Issued Notice of Violation number NOV-2021-PC-0303 on June 4, 2021 for noncompliance with the Issued NPDES MS4 Permit; and WHEREAS, the City of Mount Holly acknowledges the specific Notice of Violation requirements to obtain a new Individual NPDES MS4 Permit; and WHEREAS; the City of Mount Holly acknowledges the specific Notice of Violation requirements 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)(13)(111) 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 120Days from NOV date for review and approval; and WHEREAS, the City of Mount Holly 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 NC5000407 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 60 days from NOV date; and WHEREAS, the City of Mount Holly acknowledges the requirementto provide adequate funding and staffing to Implement a Stormwater Management Program that compiles with Its NPDES MS4 Permit and approved Stormwater Management Plan; and WHEREAS, the City of Mount Holly 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-2021-PC-0303; and WHEREAS, the City of Mount Holly 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 City of Mount Holly hereby affirms its support for development and Implementation of a compliant NPDES MS4 Stormwater program. -Z-co Bryan A6, Mayor roI :.VPA Braswell, Town Manager )kmya tier, Town Clerk ADOPTED by the City Council of The Cit of ount Hotirworth Carolina the 06Day of 2021 and signed in authentication there of the day of 2021