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HomeMy WebLinkAboutNCS000393_Dallas Self Audit_20200910MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Construction Site Runoff Controls Staff Interviewed: Bill Trudnak, Public Works Director (Name, Title, Role) Joseph Alm, Stormwater Administrator Johnny Denton, Town Engineer Program Delegation Status: ® The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). 7 The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status Supporting Doc No. II.E.3 Construction Site Runoff Controls The permittee provides and promotes a means for the public to notify the Gaston INPDES Permit No. appropriate authorities of observed erosion and sedimentation problems (e.g., Partial County NCS000435] promoting the existence of the DEQ DEMLR "Stop Mud" hotline). Website Comments (Describe how provided and promoted) SPCA Citation Delegated Program Requirement Status Supporting Doc No. 113A-60 Local Agreerne erosion and The permittee has adopted an ordinance or other regulatory mechanism to enforce *it with sedimentation the erosion and sedimentation control program. Partial Gaston control programs (a) County If yes, the ordinance meets or exceeds the minimum requirements of the meets SPCA. If yes, the ordinance applies throughout the corporate limits of the permittee. [Permit Part I. D] Comments (Provide regulatory mechanism reference or Supporting Documentation number) § 113A-60 Local erosion and The permittee collects a fee paid by each person who submits an erosion and Gaston sedimentation sedimentation control plan. County control programs (d) Collects Audit Date(s): 9-8-2020 Page 16 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Construction Site Runoff Controls Comments (indicate the fee amount, if applicable) §113A-60 Local Has any person initiated a land -disturbing activity (within the permittee's erosion and jurisdiction) for which an erosion and sedimentation control plan is required in the No sedimentation absence of an approved plan? control programs (e) If yes, the permittee has notified the North Carolina Sedimentation Control Not Commission of all such cases. Applicable Has the permittee determined that a person engaged in a land -disturbing activity has failed to comply with an approved erosion and sedimentation control plan? Yes If yes, has the permittee referred any such matters to the North Carolina Gaston Sedimentation Control Commission for inspection and enforcement? County Comments Town Staff and Consultants take an active role in working with Gaston County Natural Resources to see that Erosion Control Regulations are adhered to. 113A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to We work. approval of erosion with them and notifies the person submitting the plan that it has been approved, p g p Partiai and sedimentation approved with modification, or disapproved within 30 days of receipt. Gaston control plans County We work The permittee only approves an erosion and sedimentation control plan upon with determining that it complies with all applicable State and local regulations. Partial Gaston County e work The permittee has disapproved of an erosion and sedimentation control plan in with order to protect riparian buffers along surface waters. Partial Gaston County If yes, the permittee notified the Director of the Division of Energy, Choose -e_ Mineral, and Land Resources within 10 days of the disapproval. an item. Comments Town Staff and Consultants take an active role in working with Gaston County Natural Resources to see that Erosion Control Regulations are adhered to. We do not issue zoning permits until Gaston county has issued an erosion approval. Audit Date(s): 9-5-2020 Page 17 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Construction Site Runoff Controls § 113A-61.1 We work Inspection of land- The certificate of approval of each erosion and sedimentation control plan with disturbing activity; approved by the permittee includes a notice of the right to inspect. Partial Gaston notice of violation County We wort. (a) The permittee provides for inspection - ensure p p spect on of {and disturbing activities to u e with compliance with the SPCA and to determine whether the measures required in an q Partial erosion and sedimentation control plan are effective. Gaston County Comments Town Staff and Consultants take an active role in working with Gaston County Natural Resources to see that Erosion Control Regulations are adhered to. We have and will stop construction if failure to follow an approved plan is witnessed. § 113A-61.1 We have. Inspection of land- When the permittee determines that a person engaged in land -disturbing activity stopper: disturbing activity; has failed to comply with the SPCA, the Permittee immediately issues a notice of Partial construe: notice of violation violation upon that person. tion (c) We hak« Each notice of violation issued by the permittee specifies the date by which the stopper person must comply. Partial construe Lion We wori= Each notice of violation issued by the permittee informs the person of the actions with that need to be taken to comply. Partial Gaston County Comments § 113A-64 Penalties Vve WOrK Does the permittee issue civil penalties as part of the erosion and sedimentation with program? Gaston County Comments (indicate when/why a civil penalty is issued, and the amount, if applicable) The Town has Civil Penalties in place for Erosion and Storm Water violations. Audit Date(s): 9-8-2020 Page 18 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Post -Construction Site Runoff Controls I Staff Interviewed: Bill Trudnak, Public Works Director (Name, Title, Role) Joseph Alm, Stormwater Administrator Johnny Denton, Town Engineer Audit Date(s): 9-8-2020 Page 19 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Post -Construction Site Runoff Controls Implementation (check all that apply): ❑ The permittee implements the components of this minimum measure. ® The permittee relies upon another entity to implement the components of this minimum measure: Both the Town of Dallas and Gaston County Natural Resources through an interlocal Agreement ❑ The permittee implements the following deemed -compliant program(s), which meet NPDES MS4 post -construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below (Complete Session Law 2006-246 section below): ❑ Water Supply Watershed I (WS-1) —15A NCAC 213.0212 ❑ Water Supply Watershed 11(WS-11) —15A NCAC 2B .0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 2B .0215 ❑ Water Supply Watershed IV (WS-IV) —15A NCAC 213.0216 ❑ Freshwater High Quality Waters (HQW) —15A NCAC 2H .1006 ❑ Freshwater outstanding Resource Waters (ORW) —15A NCAC 2H .1007 ❑ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 213.0235 ❑ Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 213 .0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 2B .0251 ❑ Universal Stormwater Management Program —15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ® DEQ model ordinance ❑ MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan ❑ DEQ approved ordinance for a deemed -compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L. 2006-246 deemed -compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed -compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s) not covered under the S.L. 2006-246 deemed -compliant program. Session Law 2006- Program Requirement Status supporting 246 Doc No. Audit Date(s): 9-8-2020 Page 20 of 47 MS4 Permit Audit Report Town of Dallas, NC; NPDES Permit No. NCS000393 Post Construction Site Runoff Controls Deemed -Compliant The permittee implements deemed -compliant Program requirements in We work Program(s) accordance with the applicable 15A NCAC rules. with Partial Gaston County The permittee implements deemed -compliant Program requirements throughout We work the entire MS4 area (If not, also complete the Permit Citation section below.) with Partial Gaston County The permittee applies deemed -compliant Program requirements to all federal, We work state and local government projects within the permitted MS4 area who do not with have their own NPDES stormwater permit. Partial Gaston County The permittee included deemed -compliant Program reporting in their MS4 Annual Reports. The permittee included deemed -compliant Program implementation in their Stormwater Management Plan. - Comments Permit Citation Program Requirement Status supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed We work Legal Authority to meet the objectives of the Post -Construction Site Runoff Controls Stormwater with Management Program. Partial Gaston County We workwith If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part l.D of permit and modify Gaston accordingly). County The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate Stormwater --- control measures will be installed, implemented, and maintained. The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges. Comments (if the permittee relies upon another entity, specifically note the legal authority that allows that entity to implement the program within the MS4 area) Audit Date(s): 9-8-2020 Page 21 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Post -Construction Site Runoff Controls I I.F.2.b We won ,. Stormwater Control with Measures (SCMs) The permittee utilizes strategies which include SCMs appropriate for the MS4. Partial Gaston County SCMs comply with 15A NCAC 02H .1000. Yes Comments II.F.2.c The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). If yes, the site plan reviews addressed how the project applicant meets the performance standards. If yes, the site plan reviews addressed how the project will ensure long-term maintenance. Comments -'Fown Staff and Consultants take an active role in working with Gaston County Natural Resources to see that Storm Water Treatment and control are addressed in accordance with MS4 requirements. II.F.2.d The permittee maintained an inventory of projects with post -construction Inventory of Projects structural stormwater control measures installed and implemented at new development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance requirements. Comments Town Staff and Consultants maintain an inventory and inspect each site annually for function and stability. Ii.F.2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions protective covenants that ensure development activities will maintain the project - - - and Protective consistent with approved plans. Covenants Comments II.F.2.f We work Mechanism to The permittee implemented or required an operation and maintenance plan for with Require Long-term the long-term operation of the SCMs required by the program. Partial Gaston County Audit Date(s): 9-8-2020 Page 22 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Post -Construction Site Runoff Controls Operation and The operation and maintenance plan required the owner of each SCM to perform Maintenance and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Comments 'Fown Staff and Consultants maintain an inventory and inspect each site annually for function and stability. II.F.2.g The permittee conducted and documented inspections of each project site covered Inspections of under performance standards, at least one time during the permit term (Verify this Yes Structural is a permit condition in Part II.F.2.g of permit and modify accordingly). Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy, the Measures permittee conducted a post -construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee Yec -_ completion (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post -construction program(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. The permittee documented and maintained records of enforcement actions. Partial Comments II.F.2.h The permittee made available through paper or electronic means, ordinances, Educational post -construction requirements, design standards checklists, and other materials we work Materials and appropriate for developers. with Training for Note: New materials may be developed by the permittee, or the permittee may use Partial Gaston Developers materials adapted from other programs and adapted to the permittee's new County development and redevelopment program. Comments (if the permittee has adopted materials from other programs, indicate here which materials they are using) Audit Date(s): 9-8-2020 Page 23 of 47 MS4 Permit Audit Report Town of Dallas, NC: NPDES Permit No. NCS000393 Post -Construction Site Runoff Controls II.F.2.i Enforcement We work. The permittee tracked the issuance of notices of violation and enforcement with actions. Partial Gaston County If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. Partial --- Comments II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes Comments II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to Nutrient Sensitive 15A NCAC 02H .0150? Waters If yes, does the permittee use SCMs that reduce nutrient loading in order to Not meet local program requirements. Applicable If yes, does the permittee also still incorporate the stormwater controls Not required for the project's density level. Applicable If yes, does the permittee also require documentation where it is not feasible to Not use SCMs that reduce nutrient loading. Applicable Comments (Provide reference for local requirements) II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Design Volume runoff at build out from all surfaces draining to the system. Where "streets" convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including - streets, driveways, and other impervious surfaces. Comments Audit Date(s): 9-5-2020 Page 24 of 47