NCS000475_Clyde 2021 Annual Report Letter_20210809

James Trantham
Mayor
Frank Lay II
Mayor Pro-Tem
August 5, 2021
Town of Clyde
P.O. Box 386
Clyde, NC 28721-0386
[phone]
Fax: [phone]
www.townofclyde.com
Jeanette Powell, CPSWQ, CPESC
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 611 Floor
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Annual Report for Town of Clyde, NC — NCS000475
Dann Jesse, Alderman
Diane Fore, Alderwoman
John Hemingway, Alderman
F C E I V -_D
DENR-LAND QUALM(
STORE, IATER PERMHTTING
In response to your email dated June 161h, 2021 regarding annual reporting requirements for this year
when jurisdiction had audits during the reporting period timeframe of July 1, 2020 to June 30, 2021, we
present this letter to serve as our 2021 annual report providing the status of the compliance audit.
The Town of Clyde had our audit performed on May 4, 2021 by NCDEQ staff from the Asheville regional
office. Once the audit was complete, the Town received a Notice of Violation (NOV-2021-PC-0266) by
certified mail on May 13, 2021. The Town has since submitted the required acknowledgement of the
NOV dated May 2111, 2021, and the required Town Resolution no. 06102021 adopted June 10, 2021,
affirming the Town's Board support. In addition to these two required documents, the Town is working
on the required revisions to the New Draft Stormwater Management Plan (SWMP) and will submit it for
review prior to the due date and also conduct both self -audit's which will include, an evaluation of
compliance with the permit conditions found in Part II Section F: Post -Construction Site Runoff Controls;
and Section H: Total Maximum Daily Loads. We will document these by utilizing the DEQ standard MS4
Permit Compliance Audit Report Template and submit them along together with the new draft SWMP.
Following the approval of our draft SWMP by NC DEQ we will have our Board approve and adopt the
draft, submit our application for renewal and await receipt of our next five (5) year permit from the
State Office.
Please feel free to contact me at either [e-mail] or [phone] should you
have any questions or concerns, or require any additional information regarding this matter. Thank you
very much for working with us through this 5-year audit process.
Sincerely,
Joy Garland
Town of Clyde Administrator
Attachments:
Board Resolution No. 06102021 date 06-10-2021
Acknowledgment of NOV dated 05-21-2021

17averl of
James T'rantharn
P.O. Box 386
Clyde, NC 28721-0386
[phone]
Frank Lay 11
Fax: [phone]
Mayor Pro -Ten
www.townofclyde.com
l/l ay 21, 2021
DE-Q-T)EN41.,R Stomimater 11rograrn
Atin: Stan Aiken
20110 U.S. Hi&vay 70
Swannanoa. NC 28778
Dear Mr. Aiken:
Dann Jesse, Alderman
Diane Fore, Alderwoman
John Hemingway, Alderman
The TmNrn of Clyde is in receipt of the NOTICE OF VIOLATION (NOV-2021 -P('-()266)
NPDES WIS4 Permit No. NCS000475, Haywood County. Please accept this letter as receipt of
our intent to comply.
Sincerely,
James Trantharn, Mayor
Town of Clyde

RESOLUTION NO. 06102021
RESOLUTION AFFIRMING THE TOWN OF CLYDE BOARD'S SUPPORT
REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4
STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater
management program that meets the requirements of Town of Clyde's National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer
System (MS4) Permit number NSCO0475 to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared by the Town of Clyde 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, in North Carolina Department of Environmental Quality issued
the Town of Clyde its third NPDES MS4 Permit for discharge of stormwater on
February 20, 2017; and
WHEREAS, the Town of Clyde was issued Notice of Violation number NOV-
2021-PCO266 on May 6, 2021 for noncompliance with the issued NPDES MS4 Permit;
and
WHEREAS, the Town of Clyde acknowledges the specific Notice of Violation
requirement to obtain a new individual NPDES MS4 Permit; and
WHEREAS, the Town of Clyde 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
September 14, 2021 for review and approval; and
WHEREAS, the Town of Clyde acknowledges the specific Notice of Violation
requirement to adopt a Board Resolution to implement a compliant and enforceable
stormwater management program as defined by both the NPDES MS4 Permit
number NCS00475 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 July 14, 2021; and
WHEREAS, the Town of Clyde 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 Town of Clyde acknowledges that North Carolina
Department of Environmental Quality enforcement action and penalties could result
from non-compliance with the specific requirements in Notice of
Violation number NOV-2021-PC-0266; and
WHEREAS, the Town of Clyde 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 Board of Aldermen for the
Town of Clyde hereby affirms its support for development and implementation of a
compliant NPDES MS4 Stormwater Program.
ALI��,�''",-
'
James Trantham, Mayor
o
Joyg
land
Stormwater Program Administrator
y G rland,Town Administrator
Sheila Messer, Town Clerk
ADOPTED BY the Board of Aldermen of the Town of Clyde, North Carolina
the 10th day of June 2021 and signed in authentication thereof the 101h day of June
2021.