NOV Benson Dec2011

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Keith Langdon, Town Manager
Town of Benson
Post Office Box 69
Benson, North Carolina 27504-0069
Division of Water Quality
Coleen H. Sullins
Director
December 19, 2011
Subject: Notice of Violation
NPDES Phase II Stormwater ProgramDesignation
Town of Benson, Johnston County
Dear Mr. Langdon:
Dee Freeman
Secretary
Pursuant to Session Law 2006-246, Section 5, the Environmental Management Commission (EMC) at its
regularly scheduled meeting on January 14, 2010, considered the designation of the Town of Benson as a
regulated public entity that owns or operates a municipal separate storm sewer system (MS4) subject to
the National Pollution Discharge Elimination System (NPDES). Following proper deliberation in
accordance with the procedures delineated in Session Law 2006-246, Section 5, the EMC determined that
the Town of Benson shall be designated as a regulated public entity that owns or operates a MS4 subject
to the NPDES requirements.
Under the provisions of Session Law 2006-246, Section 5, Designation of Regulated Entities, the Town
of Benson was identified as a candidate for potential designation because the town is located near
impaired waters. In October 2009, the Town of Benson was notified that it had been identified for
consideration under the state designation procedures. Public notice of potential designation was given,
and comments on potential designation were accepted through November 30, 2009.
After review of the public comment, the EMC determined that the Town of Benson met the required
criteria for formal designation under Section 5(1)(d)(4) of the Session Law because the town's MS4
discharges stormwater that adversely impacts water quality in Hannah Creek.
In February, 2010, the Town of Benson was notified that the Town would be required to develop a
stormwater management program and apply for a stormwater permit. The deadline for submitting an
application for a Phase II NPDES permit for stormwater management was within 18 months from the date
of receipt of the notification. As a regulated public entity the Town of Benson is required to develop a
stormwater management program and and submit the stormwater management plan along with an
application for a Phase II Stormwater Discharge Permit by August, 2011.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Naturally

Application and certification documents, as well as additional information on the NPDES program, are
available for download at our web site. Please go to:
http://portal.ncdenr.org_/web/wq/ws/sl /phase2
For your convenience, I have attached hard copies of the application and template for a Stormwater
Management plan. If you would also like to obtain an electronic application and template for a
Stormwater Management plan, email me at mike.randall(&ncdenr.gov.
Thank you for your attention to this matter. These violations and any future violations are subject to civil
penalty assessment of up to $25,000.00 per day for each violation. Please submit the application, the
application fee ($860.00) and a Stormwater Management Plan by January 31, 2012.
If you have any questions, please feel free to contact me at [phone] or mike.randall(&ncdenr.gov.
Sincerely,
Mike Randall
Division of Water Quality
Stormwater Permitting Unit
cc: Central Files
Stormwater Permitting Unit Files
Raleigh Regional Office