NCS000403_Council Resolution_20220815

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August 12, 2022
DEQ-DEMLR Stormwater Program
Attn: Mr. Isaiah Reed
2090 US Highway 70
Swannanoa. NC 28778
NOV-2022-PC-0351
NPDES MS4 Permit No. NCS000498
City of Morganton, Burke County
Dear Mr. Reed:
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1
MIN
YOR
Enclosed you will find the original signed resolution declaring support for a compliant
stormwater management program adopted by the City of Morganton Council on August
1, 2022.
Please acknowledge receipt by emailing City Clerk Renee Carswell at
[e-mail].
Respectfully,
Ronnie Thompson
Mayor
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RECEIVED
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Enclosure: Resolution 22-18 — Support for a Compliant Stormwater Management
Program
Telephone [phone] E Union Street, Suite A100 Post Office Box 3448
[e-mail] Morganton, NC 28655 Morganton, NC 28680-3448

Resolution No.: 22 — 18
Date Adopted: August 1, 2022
RESOLUTION AFFIRMING THE CITY OF MORGANTON COUNCIL'S SUPPORT
REGARDING IMPLEMENTATION OF COMPLIANT NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater management program that meets
the requirements of the City of Morganton National Pollutant Discharge Elimination System (NPDES}
Municipal Separate Storm Sewer System (MS4) Permit number NCS000498 to discharge stormwater,
inclusive of the required Stormwater Management Plan to be prepared by the City of Morganton and
approved by the North Carolina Department of Environmental Quality.
WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater
discharges from municipal separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of
Environmental Quality; and
WHEREAS, the North Carolina Department of Environmental Quality issued the City of Morganton its first
NPDES MS4 Permit for discharge of stormwater on June 24, 2022; and
WHEREAS, the City of Morganton was issued Notice of Violation number NOV-2022-PC-0351 on June
24, 2022 for noncompliance with the issued NPDES MS4 Permit; and
WHEREAS, the City of Morganton acknowledges the specific Notice of Violation requirement to obtain a
new individual NPDES MS4 Permit; and
WHEREAS, the City of Morganton acknowledges the specific Notice of Violation requirement to conduct a
self audit of permit compliance for the balance of permit requirements not specifically audited by the
North Carolina Department of Environmental Quality, and to develop a draft Stormwater Management
Plan to comply with Section 402(p)(3)(B)(iii) of the Clean Water Act, 40 CFR 122.34(b) and NPDES MS4
Permit requirements, and to submit its draft Stormwater Management Plan to the North Carolina
Department of Environmental Quality no later than 120 days from June 24, 2022 for review and approval;
and
WHEREAS, the City of Morganton acknowledges the specific Notice of Violation requirement to adopt a
Council Resolution to implement a compliant and enforceable stormwater management program as
defined by both the NPDES MS4 Permit number NCS000498 and the required new Stormwater
Management Plan, and said resolution is to be submitted to the North Carolina Department of
Environmental Quality no later than 60 days from June 24, 2022; and
WHEREAS, the City of Morganton acknowledges the requirement to provide adequate funding and
staffing to implement a Stormwater Management Program that complies with its NPDES MS4 Permit and
approved Stormwater Management Plan; and
WHEREAS, the City of Morganton acknowledges that North Carolina Department of EnvironrRMEIVED
Quality enforcement action and penalties could result from non-compliance with the specific
requirements in Notice of Violation number NOV-2022-PC-0351; and
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WHEREAS, the City of Morganton acknowledges that any North Carolina Department of Environmental
Quality enforcement action and penalties may not prohibit the U.S. Environmental Protection Agency
from taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Morganton hereby affirms its support
for development and implementation of a compliant NPDES MS4 Stormwater Program.
Ronnie Thompson, Mayor
Stormwa)dr Program Administrator
Phillip Lookadoo
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ally W. andy, Town Manag
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Renee C. Carswe , own Clerk
ADOPTED BY the City Council of the City of Morganton, North Carolina
the. —day of ir.�nf , 2022 a d signed in
authentication thereof the l�. day of 01A 2022.
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RECEIVED
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ASHEVILLE