NCS000335_DOD Cannot be Delegated ESC_20210322

From:Vinson, Toby
To:Powell, Jeanette; Wrenn, Brian L; Gantt, Matt; [e-mail]; Arnett CIV Nathan W;
[e-mail]; Taylor CIV Michael C; Delaney CIV Charity R; McFarland CIV Dale A;
[e-mail]; Ward, Lee P CIV USARMY IMCOM ATLANTIC (USA); Lucas, Annette;
Decarmine, William P CIV USARMY IMCOM ATLANTIC (USA); WILSON, RONNIE E GS-12 USAF ACC 4 CES/CEIEC;
Coco, Julie
Cc:Brown, Aaron S CIV USARMY ID-READINESS (USA); Humphrey, Paul G CIV USARMY USAG (USA); Feit, Barron J
II CIV USARMY USAG (USA); Blackwell CIV Heather E; D"AGOSTINO, JEFFREY M GS-13 USAF ACC 4 CES/CEIE;
LANGLEY, GINGER E GS-11 USAF ACC 4 CES/CENME; Coco, Julie
Subject:RE: DOD-DEQ MS4 Service Agreement Information
Date:Monday, March 22, 2021 3:25:52 PM
I apologize that I was unable to join you all for this meeting. Was in a previously scheduled meeting with USACE
on FRM studies in three of our river basins. In regard to the questions about an MS4 permitted military installation:

A federal agency or military base acting as an MS4 cannot be a delegated Local E&SC program. Under the
statute, only local governments and other State Agencies. That statutory reference is: 113A-54 (d) In
implementing the erosion and sedimentation control program, the Commission shall:
(1) Assist and encourage local governments in developing erosion and sedimentation control
programs and, as a part of this assistance, the Commission shall develop a model local
erosion and sedimentation control ordinance. The Commission shall approve, approve as
modified, or disapprove local programs submitted to it pursuant to G.S. 113A-60.
(2) Assist and encourage other State agencies in developing erosion and sedimentation control
programs to be administered in their jurisdictions. The Commission shall approve, approve as
modified, or disapprove programs submitted pursuant to G.S. 113A-56 and from time to time
shall review these programs for compliance with rules adopted by the Commission and for
adequate enforcement.

If you have other questions in that regard, or need clarification, feel free to contact Julie Coco or me.

Toby

William E. Toby Vinson, Jr., PE, CPESC, CPM
Section Chief and NCORR Liaison
Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
512 N Salisbury St
1612 Mail Service Center
Raleigh, NC 27699

Phone: [phone]
Email: [e-mail]

E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.

From: Powell, Jeanette <[e-mail]>
Sent: Monday, March 22, 2021 3:06 PM
To: Wrenn, Brian L <[e-mail]>; Vinson, Toby <[e-mail]>; Gantt,
Matt <[e-mail]>; [e-mail]; Arnett CIV Nathan W
<[e-mail]>; [e-mail]; Taylor CIV Michael C
<[e-mail]>; Delaney CIV Charity R <[e-mail]>; McFarland CIV
Dale A <[e-mail]>; [e-mail]; Ward, Lee P CIV USARMY
IMCOM ATLANTIC (USA) <[e-mail]>; Lucas, Annette <[e-mail]>;
Decarmine, William P CIV USARMY IMCOM ATLANTIC (USA) <[e-mail]>;
WILSON, RONNIE E GS-12 USAF ACC 4 CES/CEIEC <[e-mail]>
Cc: Brown, Aaron S CIV USARMY ID-READINESS (USA) <[e-mail]>; Humphrey,
Paul G CIV USARMY USAG (USA) <[e-mail]>; Feit, Barron J II CIV USARMY
USAG (USA) <[e-mail]>; Blackwell CIV Heather E <[e-mail]>;
D'AGOSTINO, JEFFREY M GS-13 USAF ACC 4 CES/CEIE <[e-mail]>; LANGLEY,
GINGER E GS-11 USAF ACC 4 CES/CENME <[e-mail]>; Coco, Julie
<[e-mail]>
Subject: DOD-DEQ MS4 Service Agreement Information

Thank you to all who participated in today’s discussion of NPDES MS4 post-construction
requirements and NCDEQ support services that could be provided. I have attached the memo and
list of permit requirements that we discussed during the meeting. Also attached is the NCDOT-
NCDEQ service agreement that could serve as an example of how a formal agreement could be
structured.

Regarding the question of whether a NPDES MS4-permitted military installation could become a
delegated local program for erosion and sediment control (ESC), you can find general information
regarding ESC program delegation on this web page. The contact for that program is Julie Coco,
State Sediment Engineer:

If you have any questions, please email me for the quickest response. Also, please email me your list
of potential services that you would be interested in discussing further.

Thanks and have a great day,

J

Jeanette Powell, CPSWQ, CPESC
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw