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HomeMy WebLinkAboutNCS000483_Kernersville Self Audit PC_20210225MS4 Permit Audit Report// Kernersville, NC: NPDES Permit No. NCS000483 Post -Construction Site Runoff Controls Staff Interviewed: Chris Jensen, Town Engineer, review stormwater and watershed during construction (Name, Title, Role) Wendi Hartup, Stormwater Manager, implement SCM inspection program with Stormwater staff List of acronyms for reference and file names: 1= UDO-Chapter C-TOK = Town of Kernersville Chapter C of the LIDO 2 = Draft Kernersville Interim-SWMP 21-2-24 = Town of Kernersville Stormwater Management Plan 3 = WSAM-TOK = Town of Kernersville Watershed and Stormwater Administrative Manual. Note this is part of the ordinance but has templates. 4 = SCM Inspection SOP-TOK = SCM Inspection procedures 5 = SCM Inspections-TOK = spreadsheet of inspections, status, compliance 6 = Master List of NOV = spreadsheet of violators, companies, addresses, date, NOV, NOV type, closure 7 = Design-and-Construction-Specifications-TOK = Design and Construction Specifications for all infrastructure improvement plans for subdivision and other land development projects within the Town of Kernersville and its Extraterritorial Jurisdiction (ETJ). Note this is part of the ordinance. Audit Date(s): 12/10/2020 Page 19 of 48 MS4 Permit Audit Report// Kernersville, NC: NPDES Permit No. NCS000483 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: name of entity ❑X 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 II (WS-11) —15A NCAC 213.0214 ❑X Water Supply Watershed III (WS-III) —15A NCAC 213.0215 ❑X 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 2B .0235 ❑ Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-15A NCAC 2B .0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 2B .0251 ❑ Universal Stormwater Mangement Program-15ANCAC 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 ❑X MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan ❑X 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- supporting 246 Program Requirement Status Doc No. Audit Date(s): 12/10/2020 Page 20 of 48 MS4 Permit Audit Report// Kernersville, NC: NPDES Permit No. NCS000483 Post -Construction Site Runoff Controls Deemed -Compliant The permittee implements deemed -compliant Program requirements in Program(s) accordance with the applicable 15A NCAC rules. Yes 1 The permittee implements deemed -compliant Program requirements throughout the entire MS4 area (If not, also complete the Permit Citation section below.) Yes 1 The permittee applies deemed -compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Yes 1 have their own NPDES stormwater permit. The permittee included deemed -compliant Program reporting in their MS4 Annual Reports. Yes 1 The permittee included deemed -compliant Program implementation in their Stormwater Management Plan. Yes 2 Comments Our UDO includes watershed rules, stormwater and riparian buffer rules that apply to all development. Our SWMP lists water supply watersheds. Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Legal Authority to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Yes 1 Management Program. If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify Yes accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes 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 Yes 1 Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations Yes 1 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) II.F.2.b 1, 3 Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes 1 Audit Date(s): 12/10/2020 Page 21 of 48 MS4 Permit Audit Report// Kernersville, NC: NPDES Permit No. NCS000483 Post -Construction Site Runoff Controls 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 Yes 1 development or sale). If yes, the site plan reviews addressed how the project applicant meets the performance standards. Yes 1 If yes, the site plan reviews addressed how the project will ensure long-term Yes 1 maintenance. Comments 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 Yes 4,5 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 Yes 1,4,5 requirements. Comments 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 Yes 1, 3 and Protective consistent with approved plans. Covenants Comments II.F.2.f The permittee implemented or required an operation and maintenance plan for 1,3 Mechanism to the long-term operation of the SCMs required by the program. Yes Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform 1,3 Maintenance and maintain a record of annual inspections of each SCM. Yes Annual inspection of permitted structural SCMs are required to be performed by a 1, 3 qualified professional. Yes Comments Audit Date(s): 12/10/2020 Page 22 of 48 MS4 Permit Audit Report// Kernersville, NC: NPDES Permit No. NCS000483 Post -Construction Site Runoff Controls II.F.2. 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 4,5 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 Yes 1,3 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 Yes 4,1 condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Yes 4,5 The permittee documented and maintained records of enforcement actions. Yes 4,5 Comments All SCMS built prior to 2007 are inspected annually. For SCMs built after 2007 the Town inspects 20% each year. The Town holds 50% of the bond for an additional year until the second inspection passes. II.F.2.h The permittee made available through paper or electronic means, ordinances, Educational post -construction requirements, design standards checklists, and other materials Materials and appropriate for developers. Training for Note: New materials may be developed by the permittee, or the permittee may use Yes 1,3 Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Comments (If the permittee has adopted materials from other programs, indicate here which materials they are using) ttps://toknc.com/publication/ II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. Yes 6 If yes, the tracking mechanism included the ability to identify chronic violators See for initiation of actions to reduce noncompliance. Yes below Comments The spreadsheet allows Town staff to easily see new and repeated offenders. This was created after the State audit and is updated as new violations are found. Audit Date(s): 12/10/2020 Page 23 of 48 MS4 Permit Audit Report// Kernersville, NC: NPDES Permit No. NCS000483 Post -Construction Site Runoff Controls II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes 1 Comments All Town projects are treated just like outside entities/developments. Staff that review do not design Town projects and all the same paperwork/inspections are required like outside entities. Town Engineer reviews for stormwater/watershed compliance. II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to Nutrient Sensitive 15A NCAC 02H .0150? No --- Waters If yes, does the permittee use SCMs that reduce nutrient loading in order to Choose meet local program requirements. an item. If yes, does the permittee also still incorporate the stormwater controls Choose required for the project's density level. an item. If yes, does the permittee also require documentation where it is not feasible to Choose use SCMs that reduce nutrient loading. an item. Comments (Provide reference for local requirements) N/A 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. Yes 1 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 Yes 1' streets, driveways, and other impervious surfaces. Comments Audit Date(s): 12/10/2020 Page 24 of 48