NCS000422_Black Mtn Draft SWMP v3 DEQ Comment Letter_20210601

June 1, 2021

VIA EMAIL ONLY
RETURN RECEIPT REQUESTED

Town of Black Mountain
Attn: Josh Harrold, Town Manager [e-mail]
160 Midland Avenue
Black Mountain, NC 28711

Subject: COMMENTS ON DRAFT SWMP v3 (NOV-2020-PC-0116)
Town of Black Mountain
NPDES MS4 Permit No. NCS000422
Buncombe County

Dear Mr. Harrold:

On February 12, 2020, the North Carolina Department of Environmental Quality (DEQ) audited the Town
of Black Mountain (Town) for compliance with the subject NPDES MS4 permit. As a result, a Notice of
Violation (NOV) was issued to the Town on February 27, 2020. The NO V defined specific document
submittals and deadlines. The required Draft SWMP submittal (version 1) was received on May 4, 2020.
DEQ comments on the Draft SWMP v1 were provided on November 30, 2020. DEQ received the
required second Draft Stormwater Management Plan (SWMP) submittal on February 9, 2021 and
comments were provided on February 19, 2021. The required third Draft SWMP was submitted on April
16, 2021 and comments are provided below.

Staff have reviewed the submitted Draft SWMP v3 and are providing the following specific comments
and attached mark-up of the Draft SWMP v3 in MS Word track changes mode. Please address all
comments and submit a signed Draft Final SWMP within thirty (30) calendar days of receipt of this
letter. A permit renewal application is on file and was received on April 14, 2021. Upon receipt, if the
comments have been adequately addressed, the Draft Final SWMP will be sent to notice for public
comments and subsequent permit issuance.

Comments:

1. Incorporate the standard SWMP template updates, available on the MS4 web page. These
updates have been cut/pasted into the provided comment mark-up version and are generally
denoted by green highlighting.
2. Change signature authority to the Town Manager or submit a designation of signature authority
for the Planning Director to sign.
3. Reinsert standard template language regarding endangered and threatened species, as provided in
the comment mark-up version.
4. BMP 1.D.1: Add Yes/No as an annual reporting metric.

5. BMP 2.B.3: Update language as provided in mark-up version.
6. Correct spelling and terminology throughout, as provided in mark-up version.
7. BMP 7.B.2: Provide a minimum number to define a specific and measurable goal.
8. BMP 7.B.4: Delete. This may be an internal process for the town, but DEQ does not need to
know whether it was evaluated since the permittee is always the responsible party for
implementation.
9. General comment: Provide the reference numbers for “SEE BMP No.” throughout and as noted
in the provided mark-up version.
10. BMP 12: Update frequency from annual to semi-annual. See notes in provided in mark-up
version.
11. BMP 17: Provide Yes/No/Status as the annual reporting metric.
12. BMP 18: Provide Yes/No/Status as the annual reporting metric.
13. Table 16: Correct to Buncombe County delegated program as the town does not have a delegated
SPCA program, but does have an interlocal agreement with Buncombe County. Add title and
date of agreement or ordinance reference.
14. BMP 29: Include separate BMPs for pet waste and on-site (septic). See notes in provided in
mark-up version.
15. BMP 34: Add BMPs/Measurable Goals to address MS4 O&M requirements to “…perform MS4 inspections, maintain the collection system including catch basins and conveyances; and establish specific frequencies, schedules, and standard documentation.”
16. BMP 35: Clarify measurable goals. See notes in provided in mark-up version.
17. BMP 36: Clarify measurable goals. See notes in provided in mark-up version.
18. BMP 37: Separate into two separate measurable goals – (1) create SOP and (2) train staff.
19. BMP 38.D.1: Reference BMP 30.B.3.
20. BMP 39: Clarify BMP description. See notes in provided in mark-up version.
21. BMPs 40-42: Clarify measurable goals and add specific measurable goals for litter management..
See notes in provided in mark-up version.
22.
The required revised Draft Final SWMP submittal must include both a pdf electronic copy and a hard
copy. The Draft Final SWMP must include an original “wet” signature by the Town’s ranking elected
official or designated staff member in compliance with Part IV, Paragraph G of the current MS4 Permit.

Please submit the required signed Draft Final SWMP to:

DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or [e-mail].

Sincerely,

Jeanette Powell
MS4 Program Coordinator

Cc via email:
Jessica Trotman, Planning Director [e-mail]
Annette Lucas, DEMLR Stormwater Program Supervisor
Alaina Morman, Enforcement Specialist
Stan Aiken, Asheville Regional Office
Isaiah Reed, Asheville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File