NCS000559_NOD_20220826

ROY COOPER
Governor
ELIZABETH S. BISER
secretury
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
August 19, 2022
CERTIFIED MAIL 7017 2680 0000 2237 0207
RETURN RECEIPT REQUESTED
Town of Clayton
Attn: Rich Cappola, Interim Town Manager
C.'O Joshua Baird, Engineering Director
PO Box 879
Clayton, NC 27528
Subject: NOTICE OF DEFICIENCY (NOD-2022-PC-0104)
Town of Clayton
NPDES MS4 Permit No. NCS000559
Johnston County
Dear Mr. Cappola:
On March 30, 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. 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. As such, the permittee 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. Self -evaluate the permit components that were not reviewed by DEQ for compliance and submit
the results within one hundred twenty (120) calendar days from the date of receipt of this letter.
The Part II of the MS4 Phase II Audit Template on the DEQ stormwater web site can be used for
this purpose. The specific sections that should be self -audited include:
a. Part H Section B. Public Education and Outreach;
b. Section C, Public Involvement and Participation; and
c. Section F: Post -Construction Site Runoff Controls;
3. Develop a Stormwater Management Plan (SWMP) which details specific actions, measurable
goals, and implementation timelines for the stormwater management program over the new 5-
year permit term. The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP
Template. The permittee shall submit the SWMP to DEQ for review and comment within one
hundred twenty (120) calendar days from the date of receipt of this letter.
North C;lrol na Depos trncnt of Em•rrorimemal Quality I Division of Imogy. Mineral and land Resources
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4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty (180) days prior to permit expiration, or
b. Within thirty (30) days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4 should submit the
application including a signed Final Draft SWMP. A new 5-year NPDES MS4 permit
will be public noticed along with the Draft Final SWMP.
5. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit and an Annual Self -Assessment Template that
corresponds to the approved SWMP will be provided.
Required documentation shall be submitted via e-mail to Isaiah.Reed a@ncdenr. -ov, or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
1612 Mail Service Center
Raleigh, NC 27699-1612
If the MS4 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.l(c) of the permit:
i:'nder 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 orfails 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 Thad
Valentine at [phone] or thad.va lent i ne namcdenr.gov, or the Interim MS4 Program Coordinator at
[e-mail].
Sincerely,
o'" a
William H. Denton, IV, PE
Regional Engineer
DEMLR
Enclosures: DEQ MS4 Program Audit Report (March 30, 2022, Town of Clayton)
ec: Rich Cappola (rcappola : townofda, tag )
DEMLR Stormwater Program Supervisor
[e-mail], DEMLR Interim MS4 Program Coordinator
DEMLR NPDES MS4 Permit Laserfiche File