NCS000428_Burlington Audit NOC_20221110

RO'Y COOPER
Governor
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BRI!AN WREN14 NORTH ("'AROi...H4
Direa: r alwonmentalQuality
November 10, 2022
CERTIFIED MAIL 7019 1120 0002 0066 3361
RETURN RECEIPT REQUESTED
City of Burlington
Attn: Amy Barber, Stormwater Manager
PO Box 3158
Burlington, NC 27216
Subject: NOTICE OF COMPLIANCE
City of Burlington
NPDES MS4 Permit No. NCS000428
Alamance County
Dear Ms. Barber:
On July 27, 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. For your reference, a copy of the MS4 Program Audit Report issued by DEQ is
enclosed with this notice.
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 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 address all known compliance deficiencies including, at a minimum, any items detailed in
the DEQ MS4 Program Audit Report and the City 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.
(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.
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Required documentation shall be submitted via e-mail to 99,W,,9,j,9ik&,i,,,fll„9inE,,:9O;L or to:
DEQ-DEMLR Stormwater Program
Attn: Paul Clark
1612 Mail Service Center
Raleigh, NC 27699-1612
If the City 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 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 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 orlP,,i.".i,:,�c.
Sincerely,
Paul Clark
Water Supply Watershed Protection Coordinator
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Permit Compliance Audit Report
CC:
Bob Patterson, Director, Water Resources
Isaiah. [e-mail], DEMLR MS4 Program Coordinator
DEMLR Winston-Salem Regional Office
DEMLR NPDES MS4 Permit Laserfiche File