NCS000585_New Bern NOD-2022-PC-0011_20220120

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
January 20, 2022
CERTIFIED MAIL 7019 1120 0002 0066 3286
RETURN RECEIPT REQUESTED
City of New Bern
Attn: George Chiles, Interim Public Works Director
PO Box 1129.
New Bern, NC 28563
Subject: NOTICE OF DEFICIENCY (NOD-2022-PC-0011)
City of New Bern
NPDES MS4 Permit No. NCS000585
Craven County
Dear Mr. Chiles:
On December 10, 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 (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:
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part II Section B: Public Education and Outreach; Section C,
Public Involvement and Participation; and Section E: Construction Site Runoff Controls. 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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
RE Qi� Raleigh Regional Office 11628 Mail Service Center 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

(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 paul.clark(g)ncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Paul Clark
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 orfails 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 me at (919) 707-
3642 or uaul.clark@ncdenr. ;Qv.
Sincerely,
Paul Clark
Water Supply Watershed Protection Coordinator
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Permit Compliance Audit Report
CC:
Avery Smith, Stormwater Superintendent
[e-mail], DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Compliance and Enforcement
DEMLR NPDES MS4 Permit Laserfiche File