NCS000438_Spring Lake NOV-2021-PC-0530_20211116

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ROY COOPER
Governor
ELIZABETH S.BISER * N«n
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Secretary �`�+
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
November 16,2021
CERTIFIED MAIL 7019 1120 0002 0066 3262
RETURN RECEIPT REQUESTED
Town of Spring Lake
Attn: Mr.Larry Dobbins,Mayor
300 Ruth Street
Spring Lake, North Carolina 28390
Subject: NOTICE OF VIOLATION(NOV-2021-PC-0530)
Town of Spring Lake
NPDES MS4 Permit No.NCS000438
Cumberland County
Dear Mr.Dobbins:
On July 14,2021,staff from the North Carolina Department of Environmental Quality(DEQ) conducted a
compliance audit of the subject National Pollutant Discharge Elimination System(NPDES) Municipal Separate
Storm Sewer System (MS4) Permit.For your reference,a copy of the DEQ MS4 Permit Compliance Audit
Report is enclosed with this notice.This report lists and describes the serious 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 permittee 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) Adopt a Council Resolution within sixty(60) calendar days from the date of receipt of this notice.
The resolution must declare support for a compliant stormwater management program.A sample
council resolution with the minimum requirements is enclosed with this letter. An original signed
document must be submitted to DEQ.
(3) 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 Part II:
i. Section B: Public Education and Outreach;
ii. Section C: Public Involvement and Participation;
iii. Section E: Construction Site Runoff Controls; and
iv. Section H:Total Maximum Daily Loads.
The self-audit must be documented utilizing the appropriate sections of 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.
JDE 11_ North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
e:j '1'/ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
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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 self-audit.
(4) 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.
(5) 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.Powelloncdenr.gov,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:
Understate law,a daily civil penalty of not more than twenty-frve thousand dollars C$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 notice 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 Alaina Morman at
[phone] or [e-mail] or the MS4 Program Coordinator at
[e-mail].
Sinc rely
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it is . oby Vinson,Jr.,PPE,CPESC,
Chief of Program Operations
Division of Energy,Mineral,and Land Resources
Enclosures:
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
CC:
[e-mail]
[e-mail]
[e-mail],DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File
DQ§� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
_ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
919.707.9200