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HomeMy WebLinkAboutNCS000400_MS4 Audit NOD_20230622ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL interim lxrector NORTH CAROLINA Environmentral Quality June 22, 2023 CERTIFIED MAIL 7019 1120 0002 0066 3392 RETURN RECEIPT REQUESTED Town of Jamestown Attn: Matthew Johnson PO Box 848 301 East Main Street Jamestown, NC 27282 Subject: NOTICE OF DEFICIENCY (NOD-2023-PC-0186) Town of Jamestown NPDES MS4 Permit No. NCS000400 Guilford County Dear Mr. Johnson: On June 7, 2023, 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. 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 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 (Mail Service Center I Raleigh, North Carolina 27699-1612 n:srzns car�uha uev® rem OFE., � m� m �r� �/ "� 919.707:9200 (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. Required documentation shall be submitted via e-mail to paul.clark@ncdenr.gov, or to: DEQ-DEMLR Stormwater Program Attn: Paul Clark 1612 Mail Service Center Raleigh, NC 27699-1612 Failure to comply with the aforementioned requirements constitutes a violation of permit conditions. As such, 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 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 paul.clark@ncdenr.gov. Sincerely, ,,v a,,L_� Paul Clark Water Supply Watershed Protection Coordinator Division of Energy, Mineral and Land Resources Enclosures: DEQ MS4 Permit Compliance Audit Report CC: Paul Blanchard, Utilities Director, Jamestown Jason Pegram, Assistant Utilities Director, Jamestown Lindsey Lengyel, Blue Stream Environmental Tamara Eplin, DEMLR -Winston Salem Regional Office - Regional Engineer Isaiah Reed, DEMLR MS4 Program Coordinator Kieu Tran, DEMLR Compliance and Enforcement DEMLR NPDES MS4 Permit Laserfiche File 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