NCS000498_NOV_20220624

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRIAN WRENN
Director
CERTIFIED MAIL 7021 2720 0000 1254 6674
RETURN RECEIPT REQUESTED
City of Morganton
Attn: Ronnie Thompson, Mayor
305 E Union Street
Morganton, North Carolina 28655
NORTH CAROLINA
Environmental Qualty
June 24, 2022
Subject: NOTICE OF VIOLATION (NOV-2022-PC-0351)
City of Morganton
NPDES MS4 Permit No. NCS000498
Burke County
Dear Mr. Thompson:
On June 21, 2022, 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 major 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 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. As such, 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. The Illicit Discharge Detection and Elimination Program Plan, as required in Part II, Section
A.7. and Section D.2.a. of the current permit.
b. The MS4 Operation and Maintenance Program Plan, as required in Part II, Section A.7. and
Section G.2.f. of the current permit.
c. The Municipal SCM Operation and Maintenance Program Plan, as required in Part 11, Section
A.7. and Section G.2.h. of the current permit.
d. Self -evaluate the permit components that were not reviewed by DEQ for compliance and submit
the results within one hundred twenty (120) calendar days from the date of receipt of this letter.
D_E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
ggmw.w";\� 828.296.4500

City of Morganton
Notice of Violation
June 24, 2022
Page 2 of 3
The Part II of the MS4 Phase II Audit Template on the DEQ stormwater web site can be used for
this purpose. The specific sections that should be self -audited include:
i. Section F: Post -Construction Site Runoff Controls;
ii. Section H: Total Maximum Daily Loads.
e. 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 self -audit.
4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty (180) days prior to permit expiration, or
b. Within thirty (30) days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4 should submit the
application including a signed Final Draft SWMP. A new 5-year NPDES MS4 permit will be public
noticed along with the Draft Final SWMP.
S. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQ approval and
final permit issuance. The final DEQ-approved SWMP shall become an enforceable component of the
NPDES MS4 permit and an Annual Self -Assessment Template that corresponds to the approved SWMP
will be provided.
Required documentation shall be submitted via e-mail to Isaiah.Reed(&ncdenr.gov or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, NC 28778
If the MS4 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-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 of 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 Isaiah Reed at
[phone] or [e-mail].
Sincerely,
'� I d1Y
JS�tany Aiken, Regional Engineer
Division of Energy, Mineral and Land Resources

City of Morganton
Notice of Violation
June 24, 2022
Page 3 of 3
Enclosures:
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
CC:
Mario Sclarandis [e-mail]
DEMLR Stormwater Program Supervisor
[e-mail], DEMLR MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File