NCS000414_Chapel Hill NOD-2021-PC-0397_20210722

ROY COOPER
Gove'mor
ELIZABE'rH S. BISER
serf elary
BRIAN WRENN
Vire ctor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 5173
Town of Chapel Hill
Attn: Maurice Jones, Town Manager
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514
NOR-ii C'APULINA
Environmental Quality
July 22, 2021
Subject: NOTICE OF DEFICIENCY (NOD-2021-PC-0397)
Town of Chapel Hill
NPDES MS4 Permit No. NCS000414
Orange County
Dear Mr. Jones:
On June 8, 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 V1 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 (30) 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:
Conduct a self -audit which includes, at a minimum, an evaluation of compliance
with the permit conditions found in Part 11 Section B. Public Education and
Outreach; Section C, Public Involvement and Participation; Section D: Illicit
Discharge Detection and Elimination; Section E: Construction Site Runoff
Controls; Section F: Post -Construction Site Runoff Controls; Section G: Pollution
North C nroiinj i)rp:,rtmcac of i..nvironmcntal Qu.litV i Uivisiein of fa3rr9y. %fincral and t.and Rrsours:ci
Raleigh RegEaiial Office 1628 N&IH Service Cotter I'3800lSarrett UE ive I Raleigh. `brut Carolina 27609
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Prevention and Good Housekeeping; 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.
(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 jeanette.powell(i�ncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell, MS4 Program Coordinator
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 ofa permit [North Carolina
General Statute 143-215.6A]. Please note that compliance with the requirements of this
NOD andlor 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 me at
[phone] or thad.valentine',a ncdenrov.
Sincerely,
William H. Denton, IV, PE
Regional Engineer - RRO
Division of Energy, Mineral and Land Resources

Enclosures: DEQ MS4 Permit Compliance Audit Report
CC:
Maurice Jones, Town Manager
Annette. [e-mail], DEMLR Stormwater Program Supervisor
[e-mail], DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File