NCS000446_Apex MS4 AUDIT REPORT_20210127

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000446
Town of Apex, NORTH CAROLINA
105-6 Upchurch Road
Apex, NC
Audit Date: 9/25/2020
Report Date: January 27, 2021
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

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NCS000446, Apex, MS4 Audit_20200925

TABLE OF CONTENTS
AuditDetails..................................................................................................................................................1
PermitteeInformation..................................................................................................................................2
List of Supporting Documents........................................................................ Error! Bookmark not defined.
Program Implementation, Documentation & Assessment...........................................................................4
Illicit Discharge Detection and Elimination(IDDE)........................................................................................8
Construction Site Runoff Controls..............................................................................................................12
Pollution Prevention and Good Housekeeping for Municipal Operations.................................................15
Site Visit Evaluation: Municipal Facility No. 1.............................................................................................18
Site Visit Evaluation: MS4 Outfall No. 1......................................................................................................20
Site Visit Evaluation: Construction Site No. 1.............................................................................................22
Appendix A: Supporting Documents
Appendix B: Photograph Log
DISCLAIMER
This audit consists of an evaluation of program compliance with the issued permit and implementation of
the approved Stormwater Management Plan. This audit report does not include a review of all program
components, and program deficiencies in addition to those noted may be present. The permittee is
required to assess program progress and permit compliance, and to implement the approved
Stormwater Management Plan in accordance with the issued permit.
NCS000446, Apex, MS4 Audit_20200925 ii

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NCS000446, Apex, MS4 Audit_20200925 iii

Audit Details
Audit ID Number:
Audit Date(s): 9/25/2020
NCS000446_Apex MS4 Audit_20200925
Minimum Control Measures Evaluated:
❑X Program Implementation, Documentation & Assessment
❑ Public Education & Outreach
❑ Public Involvement & Participation
❑X Illicit Discharge Detection & Elimination
❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program
❑X Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program
❑ Post -Construction Site Runoff Controls
❑X Pollution Prevention and Good Housekeeping for Municipal Operations
❑ Total Maximum Daily Loads (TMDLs)
Field Site Visits:
❑X Municipal Facilities. Number visited: 1
❑X MS4 Outfalls. Number visited: 1
❑X Construction Sites. Number visited: 1
❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
Inspector(s) Conducting Audit
Name, Title
Organization
Thad Valentine
NCDENR Land Quality Section RRO
Lauren Garcia
NCDENR Land Quality Section RRO
Audit Report Author:
Date:
Signature
Audit Report Author:
Date
Signature
NCS000446_Apex MS4 Audit_20200925 Page 1 of 25

Permittee Information
MS4 Permittee Name: Town of Apex
Permit Effective Date:
4/10/2017
Permit Expiration Date:
2/16/22
Mailing Address: 105-B Upchurch Road, Apex, NC
Date of Last MS4 Inspection/Audit:
12/12/2017
Co-permittee(s), if applicable: N/A
Permit Owner of Record: Bruce A. Radford, Town Manager
Primary MS4 Representatives Participating in Audit
Name, Title
Organization
Jessica Bolin, CPESC
Stormwater Utility Engineer
Mike Deaton, PE
Water Resources Director
Jose Martinez, III, PE
Public Works and Transportation Director
James Misciagno, CPESC
Environmental Field Services Supervisor
I
MS4 Receiving Waters
Waterbody
Classification
Impairments
Crabtree Creek
C; NSW
Poor Bioclassification; Nutrients
Williams Creek
WS-III; NSW
Poor Bioclassification; Nutrients
Swift Creek
WS-III; NSW
Poor Bioclassification; Nutrients
Middle Creek
C; NSW
Poor Bioclassification; Nutrients
NCS000446_Apex MS4 Audit_20200925 Page 2 of 25

List of Supporting Documents
Item Number
Document Title
is
When Provided
(Prior to/During/After)
SWMP
Prior
2019 Annual Report
Prior
Organizational Chart
Prior
Outfall Map
Prior
Establishment of Clean Water Education Partnership and Program
Prior
-
Delegated Local Program Agreement
Prior
7
Illicit Discharge & Elimination SOP
Prior
8
Storm Drain Inspections
Prior
9
Municipal SCM O&M Plan with Aqualis Stormwater Management
Prior
10
Master Services Agreement with Aqualis Stormwater Management
Prior
11
Dragonfly Pond Works Maintenance Report
During
12
Grounds Maintenance Agreement
During
13
American Road Conservation Agreement
During
14
Pesticide Certification for Contractors
During
15
Pesticide Certification for Parks and Recreation
During
16
Post Construction Ordinance
During
17
E&SC Ordinance
During
18
Letter of Plan Approval
During
19
Pre -Construction Process Flow Chart
During
20
Construction Sequence
During
21
Notice of Violation
During
22
Notice of Assessment
During
23
E&SC Inspection Report
During
24
Town of Apex Soil and Erosion Control Fees and Guarantees
During
25
Stormwater Infrastructure Drainage Inspection SOP
During
26
Minimum Control Measure Implementation
During
27
SCM Maintenance Services
During
28
Pollution Prevention Training
During
29
Spill Response Notification Procedure
During
30
Online Report a Concern
During
31
Storm Drain Issue Online Reporting
During
32
IDDE Ordinance
During
33
Town of Apex IDDE Dry Weather Flow Cover Sheet
During
34
IDDE Discharge Incident Report
During
35
IDDE Training Powerpoint ad Sign In Sheet
During
36
Street Sweeping Log
During
37
Municipal Operations Facility Map
During
38
List of Municipal Facilities
During
39
Storm Drain Online Mapping Example
During
40
Town of Apex Major Outfall Map
During
41
Municipal Facility SWPPP
During
42
Applicability and Jurisdiction of Unified Development Ordinance
After
43
Brochures
During
NCS000446_Apex MS4 Audit_20200925 Page 3 of 25

Program Implementation, Documentation & Assessment
Staff Interviewed:
Jessica Bolin, CPESC, Stormwater Utility Engineer
(Name, Title, Role)
Mike Deaton, PE, Water Resources Director
Jose Martinez, III, PE, Public Works and Transportation Director
James Misciagno, CPESC, Environmental Field Services Supervisor
Permit Citation
Program Requirement
Status
supporting
Doc No.
II.A.1
The permittee maintained adequate funding and staffing to implement and manage
Staffing and
the provisions of the Stormwater Plan and meet all requirements of the permit.
Yes
1, 3
Funding
The Stormwater Plan identifies a specific position(s) responsible for the overall
coordination, implementation, and revision to the Plan.
Yes
1,3
Responsibilities for all components of the Stormwater Plan are documented and
position(s) assignments provided.
Yes
1,3
The permittee is current on payment of invoiced administering and compliance
monitoring fees (see stormwater e-payments on DEMLR MS4 web page).
Yes
BIMS
Comments (Briefly describe funding mechanism, number of staff, etc.)
Only the responsible party for the implementation of the six measurable goals is listed in the SWMP (Mike Deaton, Environmental
Program Manager). Personnel responsible for coordination and revision of the SWMP were not listed, but an Organizational Chart is
included in the SWMP that identifies the Town Manager, Public Works and Utilities Director, Environmental Program Manager, and
the Stormwater/Utility Engineer (SWMP, Page 7). Please update the chart in the SWMP.
Jessica Bolin is responsible for any revisions to the SWMP and the implementation is a shared responsibility of all Town of Apex
employees that attended the audit. This should be included in the SWMP.
The Town Stormwater Program is funded through the Town General Fund and by taxes, there is no utility fee. The budget is
approximately 2 million. The Town would like to be able to allocate more funding for another position to improve the level of
service and divide responsibilities.
II.A.2 Stormwater
The permittee evaluated the performance and effectiveness of the program
Plan
components at least annually.
No
---
Implementation
and Evaluation
If yes, the permittee used the results of the evaluation to modify the program
Not
components as necessary to accomplish the intent of the Stormwater Program.
Applicable
Did the permitted MS4 discharges cause or contribute to non -attainment of an
applicable water quality standard?
No
---
If yes, did the permittee expand or better tailor its BMPs accordingly to address
Not
the non -attainment?
Applicable
NCS000446_Apex MS4 Audit_20200925 Page 4 of 25

Program Implementation, Documentation & Assessment
Comments
The SWMP was last updated in 2016. A formal evaluation of the effectiveness of the plan and BMPs was not available; however,
there is a monthly report that is sent to the Town Council.
There has not been a major illicit discharge.
II.A.3
Keeping the
The permittee kept the Stormwater Plan up to date.
No
1
Stormwater Plan
Up to Date
The permittee notified DEMLR of any updates to the Stormwater Plan.
Not
Applicable
Comments (Indicate the date of latest Stormwater Plan and describe the nature of any updates, if applicable).
The SWMP was last updated in 2016. It was stated during the audit that the Town believed the annual report fulfilled this
requirement. The Town was directed to update the SWMP annually moving forward.
II.A.4 Availability
The permittee kept an up-to-date version of its Stormwater Plan available to the
of the Stormwater
Division and the public online.
No
1
Plan
The online materials included ordinances, or other regulatory mechanisms, or a list
identifying the ordinances, or other regulatory mechanisms, providing the legal
Yes
21, 22,
authority necessary to implement and enforce the requirements of the permit.
43
Comments (Note what materials are available on line)
An online SWMP is located on the Town Website; however, the SWMP has not been updated since 2016. Information on the Phase
II MS4 and six minimum control measures is provided on the website as well. (http://www.apexnc.org/276/NPDES-Phase-II). The
website indicates the SWMP is updated every permit cycle, but instead should be updated annually.
II.A.3 & II.A.5
Stormwater Plan
Did DEMLR require a modification to the Stormwater Plan?
No
---
Modifications
If yes, did the permittee complete the modifications in accordance with the
Not
established deadline?
Applicable
Comments (Note date of DEMLR notification, modifications required, and date modifications were completed, as applicable)
An audit was conducted in 2017 on the Town's delegated erosion control program. No MS4 permit violations, areas of non-
compliance or discrepancies were observed.
II.A.6 Sharing
Responsibility
Are any control measures implemented by an entity other than the permittee?
partial
5, 9, 10
If yes, is there a written agreement in place?
Yes
5, 9, 10
Comments (List the specific control measures implemented by others that do not have adequate written agreements, if
applicable)
The permittee is responsible for all control measures; however, Aqualis Stormwater Management handles the maintenance of the
Town's SCM's and the Town conducts SCM inspections. The Town also formed a partnership with the Triangle J Council of
Governments to establish a Clean Water Education Partnership and Program. Street sweeping is handled by American Conservation
LLC.
NCS000446_Apex MS4 Audit_20200925 Page 5 of 25

Program Implementation, Documentation & Assessment
II.A.7
The permittee maintained written procedures for implementing the six minimum
Written
control measures.
Yes
Procedures
Written procedures identified specific action steps, schedules, resources and
responsibilities for implementing the six minimum measures.
Yes
2
Comments (List the specific minimum measures that do not have adequate written procedures, if applicable)
Written procedures were provided during the audit.
IIIA
The permittee maintained documentation of all program components including, but
Program
not limited to, inspections, maintenance activities, educational programs,
Yes
, 2
Documentation
implementation of BMPs, enforcement actions etc., on file for a period of five years.
22,23
Comments (List the specific program components that do not have adequate documentation on file and why, if applicable)
Documents were well organized and easy to access. The Town was able to show several different examples of inspections,
enforcement actions, violations, maintenance logs, etc. Files are stored in an internal network drive and exceed a period of five
years.
111.E
The permittee submitted annual reports to the Department within twelve months
Annual Report
from the effective date of the permit (See Section 111.8. for the annual reporting
Yes
2
Submittal
period specific to this MS4).
The permittee submitted subsequent annual reports every twelve months from the
scheduled date of the first annual report submittal.
Yes
2
The Annual Reports included appropriate information to accurately describe the progress, status, and results
of the permittee's Stormwater Plan, including, but not limited the following:
1. A detailed description of the status of implementation of the Stormwater Plan
as a whole. This will include information on development and implementation
Not
of each major component of the Stormwater Plan for the past year and
Applicable
schedules and plans for the year following each report.
2. An adequate description and justification of any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
Not
the proposed changes and how these changes will impact the Stormwater
Applicable
Plan (results, effectiveness, implementation schedule, etc.).
3. Documentation of any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater
Not
Applicable
Plan.
4. A summary of data accumulated as part of the Stormwater Plan throughout
the year along with an assessment of what the data indicates in light of the
Not
Applicable
Stormwater Plan.
5. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections, and enforcement
Not
Applicable
actions.
Comments (Note dates that annual reports cover under current permit and generally describe report deficiencies, if any)
Annual reports have been submitted through BIMS. Only the 2019 Annual Report was available in Laserfiche; however, the
permittee produced all annual reports in person during the audit. They are stored on the Town's internal network.
NCS000446_Apex MS4 Audit_20200925 Page 6 of 25

Program Implementation, Documentation & Assessment
IV.B
Annual Reporting
The Annual Reports document the following:
1. A summary of past year activities, including where applicable, specific
Not
quantities achieved and summaries of enforcement actions.
Applicable
2. A description of the effectiveness of each program component.
Not
Applicable
---
3. Planned activities and changes for the next reporting period, for each
Not
program component or activity.
Applicable
4. Fiscal analysis.
Not
Applicable
Comments (Note dates that annual reports cover under current permit and generally describe report deficiencies, if any)
The report was submitted through BIMS and therefore satisfies permit requirements.
Additional
Documents overall were well organized and thorough. The Town employees present during the audit were
Comments:
very knowledgeable and were able to immediately provide all requested documents.
NCS000446_Apex MS4 Audit_20200925 Page 7 of 25

Illicit Discharge Detection and Elimination (IDDE)
Staff Interviewed:
Jessica Bolin, CPESC, Stormwater Utility Engineer
(Name, Title,
Mike Deaton, PE, Water Resources Director
Role)
Jose Martinez, III, PE, Public Works and Transportation Director
James Misciagno, CPESC, Environmental Field Services Supervisor
Permit Citation
Program Requirement Status Supporting
Doc No.
II.D.2.a
IDDE Program
The permittee maintained a written IDDE Program. Yes 7, 34, 35,
If yes, the written program includes provisions for program assessment and
No ---
evaluation and integrating program.
Comments (Note any deficiencies)
A formal program assessment and evaluation could not be provided.
The permittee maintained an IDDE ordinance or other regulatory mechanism(s) that
II.D.2.b
provides the legal authority to prohibit illicit connections and discharges to the MS4.
Yes
32
Legal Authorities
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I.D]
Yes
32
Comments
The Town has an IDDE Ordinance. It was also stated during the audit that the Town's legal authority to prohibit illicit connections
and discharges extends into the Town's ETJs. The Town handles first responses to illicit discharges and Wake County handles
enforcement in the ETJ.
II.D.2.c
The permittee maintained a current map showing major outfalls* and receiving
4, 37, 40,
Storm Sewer
Yes
System Map
streams.
39
Comments
Apex also has an interactive "Apex Utility Map' online that shows all outfalls and stormwater pipes.
II.D.2.d
The permittee maintained a program for conducting dry weather flow field
Dry Weather Flow
Yes
7, 8, 33
observations in accordance with written procedures.
Program
Comments (Generally summarize program, including frequency of observations and # or % of outfalls screened)
Provided on Page 5 of the IDDE Standard Operating Procedures.
NCS000446_Apex MS4 Audit_20200925 Page 8 of 25

Illicit Discharge Detection and Elimination (IDDE)
II.D.2.e
The permittee maintained written procedures for conducting investigations of
Investigation
identified illicit discharges.
Yes
Procedures
Comments (Generally describe what procedures are documented)
Provided on Pages 5-7 of the IDDE Standard Operating Procedures.
II.D.2.f
For each case of an illicit discharge or potential illicit discharge, the permittee documented and tracked the
Track and
following:
Document
Investigations
1. The date(s) the illicit discharge was observed
Yes
2. The results of the investigation
Yes
3. Any follow-up of the investigation
Yes
4. The date the investigation was closed
Yes
Comments (Note whether a standard inspection form is utilized to capture consistent information and a tracking mechanism is
used)
A copy of a recent inspection report was provided during the audit and we ask that the add the method of disposal to the IDDE
Inspection Report. The Town indicated that most IDDE incidents are not ongoing and that once there found action is immediately
taken to handle and resolve the incident. Enforcement documents were available on the Town's internal network folders as were
NOV's and Follow-up investigation and results are recorded in excel documents in the IDDE files.
II.D.2.9 Employee
The permittee implemented and documented a training program for appropriate
Training
municipal staff who, as part of their normal job responsibilities, may come into
Yes
28,35
contact with or otherwise observe an illicit discharge or illicit connection.
Comments (Generally describe the staff training program, including frequency and which staff are trained)
Town employees receive IDDE and spill response training annually. The training powerpoint and sign in sheets were provided at the
audit.
II.D.2.h
The permittee informed public employees of hazards associated with illegal
43,
Public Education
discharges and improper disposal of waste.
Yes
online
The permittee informed businesses of hazards associated with illegal discharges and
43,
improper disposal of waste.
Yes
online
The permittee informed the general public of hazards associated with illegal
43,
discharges and improper disposal of waste.
Yes
online
NCS000446_Apex MS4 Audit_20200925 Page 9 of 25

Illicit Discharge Detection and Elimination (IDDE)
Comments (Note how each sector was informed, if applicable)
The Town provides brochures and pamphlets at public events as well as other educational merchandise. The Town sets up a
Stormwater Booth at public events and a display at the Enviroscape event.
The permittee hands out pamphlets and brochures to businesses.
IDDE information is also available on the Town Website as well as a hotline for the public.
II.D.2.i
The permittee promoted, publicized, and facilitated a reporting mechanism for the
30, 31,
Public Reporting
public to report illicit discharges.
Yes
Online
Mechanism
The permittee promoted, publicized, and facilitated a reporting mechanism for staff
30, 31,
to report illicit discharges.
Yes
Online
The permittee established and implemented response procedures for citizen
30, 31,
requests/reports.
Yes
Online
Comments (Generally describe reporting mechanisms and how promoted/publicized/facilitated/established)
There is an IDDE section on the website in the same section as the Phase II MS4 information is provided where the public is directed
to email or call James Misciagno to report illicit discharges (http://www.apexnc.org/498/Illicit-Discharge-Detection-Elimination).
Additionally, there is a "Report a Concern" webpage. The Town is currently enhancing the reporting capabilities of the website
where every residential concern and complaint are recorded and filtered and then the complaints are investigated.
II.D.2.1
The permittee implemented a mechanism to track the issuance of notices of violation
Enforcement
and enforcement actions administered by the permittee.
Yes
21,22
If yes, the mechanism includes the ability to identify chronic violators for
initiation of actions to reduce noncompliance.
Yes
21,22
Comments (Generally describe the established tracking mechanism, if applicable)
NOVs are documented in folders on the Town's internal network and there had not been a repeat offender at the time of the audit.
The IDDE Ordinance allows for enforcement and civil penalties.
NCS000446_Apex MS4 Audit_20200925 Page 10 of 25

Illicit Discharge Detection and Elimination (IDDE)
Additional
Comments:
NCS000446_Apex MS4 Audit_20200925 Page 11 of 25

Construction Site Runoff Controls
Staff Interviewed:
Jessica Bolin, CPESC, Stormwater Utility Engineer
(Name, Title, Role)
Mike Deaton, PE, Water Resources Director
Jose Martinez, III, PE, Public Works and Transportation Director
James Misciagno, CPESC, Environmental Field Services Supervisor
Program Delegation Status:
❑X 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).
❑ 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
IDoc No.
II.E.3 Construction
Site Runoff Controls The permittee provides and promotes a means for the public to notify the
Online,
appropriate authorities of observed erosion and sedimentation problems e. Yes
(NPDES Permit No.p ( g''
30
NCS000435] promoting the existence of the DEQ DEMLR "Stop Mud" hotline).
Comments (Describe how provided and promoted)
i ne same reporting hotline for complaints is provided. The public can also submit complaints/concerns through the "Report and
Issue" webpage. Construction Site SW Runoff Controls is listed on the Town Website: http://www.apexnc.org/503/Construction-
Site-Stormwater-Runoff-Cont.
SPCA Citation
Delegated Program Requirement
Status
Supporting I
Doc No.
§ 113A-60 Local
erosion and
The permittee has adopted an ordinance or other regulatory mechanism to enforce
6, 17
sedimentation
the erosion and sedimentation control program.
control programs (a)
If yes, the ordinance meets or exceeds the minimum requirements of the
SPCA.
Yes
6117
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I.D]
Yes
6,17
Comments (Provide regulatory mechanism reference or Supporting Documentation number)
The Town has a delegated Program.
§ 113A-60 Local
erosion and
The permittee collects a fee paid by each person who submits an erosion and
sedimentation
sedimentation control plan.
Yes
24
control programs (d)
NCS000446_Apex MS4 Audit_20200925 Page 12 of 25

Construction Site Runoff Controls
Comments (indicate the fee amount, if applicable)
The Town charges a fee of $500/acre for the development review fee and a refundable fee of $2,400/acre is collected for
performance guarantee so the Town is able to restore the land if the developer does not follow through. Those fees can also be
used in case of an enforcement action.
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
Not
Applicable
--
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
Not
has failed to comply with an approved erosion and sedimentation control plan?
Applicable
---
If yes, has the permittee referred any such matters to the North Carolina
Not
Sedimentation Control Commission for inspection and enforcement?
Applicable
---
Comments
The Town of Apex does not have a Limited Program.
§ 113A-61 Local
The permittee reviews each erosion and sedimentation control plan submitted to
approval of erosion
them and notifies the person submitting the plan that it has been approved,
Yes
18, 19,
and sedimentation
approved with modification, or disapproved within 30 days of receipt.
20
control plans
The permittee only approves an erosion and sedimentation control plan upon
determining that it complies with all applicable State and local regulations.
Yes
18
The permittee has disapproved of an erosion and sedimentation control plan in
Not
order to protect riparian buffers along surface waters.
Applicable
If yes, the permittee notified the Director of the Division of Energy,
Not
Mineral, and Land Resources within 10 days of the disapproval.
Applicable
Comments
The Town does not issue Letters of Disapproval, plans must either be approved or withdrawn. Plans are reviewed by a Technical
Review Committee where the plans are circulated through rounds of reviews and if the plans do not meet the requirements of the
review, they are sent back to the permittee.
§ 113A-61.1
Inspection of land-
The certificate of approval of each erosion and sedimentation control plan
18, 23,
disturbing activity;
approved by the permittee includes a notice of the right to inspect.
Yes
42
notice of violation
(a)
The permittee provides for inspection of land -disturbing activities to ensure
compliance with the SPCA and to determine whether the measures required in an
Yes
18,23
erosion and sedimentation control plan are effective.
The Town uses SWPP Tracker to electronically complete inspection reports onsite. Sites are inspected twice a month on average
and the inspection report is populated and immediately sent to the contacts listed in the plan sets.
§ 113A-61.1
When the permittee determines that a person engaged in land -disturbing activity
Inspection of land-
has failed to comply with the SPCA, the Permittee immediately issues a notice of
Yes
21
disturbing activity;
violation upon that person.
NCS000446_Apex MS4 Audit_20200925 Page 13 of 25

Construction Site Runoff Controls
notice of violation
Each notice of violation issued by the permittee specifies the date by which the
(��
person must comply.
Yes
21
Each notice of violation issued by the permittee informs the person of the actions
that need to be taken to comply.
Yes
21
Comments
A Notice of Violation and Correction was provided during the audit.
§ 113A-64 Penalties
Does the permittee issue civil penalties as part of the erosion and sedimentation
program?
Yes
22
Comments (indicate when/why a civil penalty is issued, and the amount, if applicable)
A Notice of Assessment was provided during the audit.
Additional
The Town has a strong Construction Stormwater Program. The plan review process is rigorous and involves
Comments:
review by multiple entities within the Town. The Town also requires that the NCGO10000 Construction
Stormwater Permit must be obtained of the Town will not allow developers to begin land disturbing activities.
The Town guarantees compliance from permittees by withholding the money collected for performance
guarantee and issuing notices of violation and enforcement.
NCS000446_Apex MS4 Audit_20200925 Page 14 of 25

Pollution Prevention and Good Housekeeping for Municipal Operations
Staff Interviewed:
Jessica Bolin, CPESC, Stormwater Utility Engineer
(Name, Title, Role)
Mike Deaton, PE, Water Resources Director
Jose Martinez, III, PE, Public Works and Transportation Director
James Misciagno, CPESC, Environmental Field Services Supervisor
Permit Citation
Program Requirement Status Supporting
Doc No.
II.G.2.a
The permittee maintained a current inventory of facilities and operations owned
Facility Inventory
and operated by the permittee with the potential for generating polluted Yes
stormwater runoff.
Comments (Note number of facilities, typical inventory data and any facilities that are not inventoried that should be)
The Town maintains an inventory and a map of facilities and operated and owned by the Town with the potential for generating
polluted stormwater runoff. There are 51 of these facilities in total. 32 are pump stations.
II.G.2.b
The permittee maintained and implemented an O&M program for municipally
Operation and
owned and operated facilities with the potential for generating polluted
No
--
Maintenance (O&M)
stormwater runoff.
for Facilities
If yes, the 0&M program specifies the frequency of inspections.
Not
Applicable
If yes, the 0&M program specifies the frequency of routine maintenance
Not
requirements.
Applicable
If yes, the permittee evaluated the O&M program annually and updated it as
Not
necessary.
Applicable
Comments
A formal 0&M Plan has not been maintained; however, the Town has stringent inspection requirements. Prior to use of a new
facility, a thorough base -line inspection is performed. Inspections are performed annually or more at each facility and the results of
the subsequent inspections are compared to the baseline inspections. The Town needs to formalize an O&M Program for municipal
operated facilities.
II.G.2.c
Spill Response
The permittee had written spill response procedures for municipal operations.
Yes
29
Procedures
Comments
Document was provided during the audit. Spill response procedure posters were also posted in the municipal facility. What the
permittee supplied
II.G.2.d Streets,
The permittee evaluated existing and new BMPs that reduce polluted stormwater
Roads, and Public
runoff from municipally -owned streets, roads, and public parking lots within its
No
13,36
Parking Lots
corporate limits annually.
NCS000446_Apex MS4 Audit_20200925 Page 15 of 25

Pollution Prevention and Good Housekeeping for Municipal Operations
Maintenance
If yes, the permittee evaluated the effectiveness of existing and new BMPs
Not
based on cost and the estimated quantity of pollutants removed.
Applicable
13,36
Comments
The Town does not have a sampling program or baseline for measuring the effectiveness. There is a street sweeping program that
has been in effect since 2013 where the tonnage is tracked and can be used so that street sweeping is more frequent in areas that
need it or that drain to waters where there is a TMDL for biological integrity. A table was provided that showed the cost and
quantity of pollutants removed by street sweeping. The Town needs a documented process for evaluating existing and new BMPs.
II.G.2.f
The permittee maintained and implemented an O&M program for the stormwater
O&M for Catch
sewer system including catch basins and conveyance systems that it owns and
Yes
25
Basins and
Conveyance Systems
maintains.
Comments (Briefly describe O&M program)
An SOP for Stormwater Systems was provided.
II.G.2.g
The permittee maintained a current inventory of municipally -owned or operated
Structural
structural stormwater controls installed for compliance with the permittee's post-
Yes
9, 11,
Stormwater Controls
construction ordinance.
12,27
Comments (Describe inventory information and number of controls in inventory)
Provided during the inspection.
II.G.2.h
The permittee maintained and implemented an O&M program for municipally -
O&M for Structural
owned or maintained structural stormwater controls installed for compliance with
Yes
9,11
Stormwater Controls
the permittee's post -construction ordinance. If yes, then:
The O&M program specified the frequency of inspections and routine
Yes
9,11
maintenance requirements.
The permittee documented inspections of all municipally -owned or maintained
structural stormwater controls.
Yes
9,11
The permittee inspected all municipally -owned or maintained structural
stormwater controls in accordance with the schedule developed by permittee.
Yes
9,11
The permittee maintained all municipally -owned or maintained structural
stormwater controls in accordance with the schedule developed by permittee.
Yes
9,11
The permittee documented maintenance of all municipally -owned or
maintained structural stormwater controls.
Yes
9,11
Comments
Aqualis is responsible for the maintenance of all Town of Apex SCMs. This agreement was signed in September 2019. The Town
does not pay the invoice for maintenance until Aqualis has provided a monthly report for the SCMs. Prior to this contract, Dragonfly
Pond Works maintained all SCMs. The Town handles all inspections and provided inspections for June 2020.
II.G.2.i
The permittee ensured municipal employees are properly trained in pesticide,
Pesticide, Herbicide
herbicide and fertilizer application management.
Yes
15
NCS000446_Apex MS4 Audit_20200925 Page 16 of 25

Pollution Prevention and Good Housekeeping for Municipal Operations
and Fertilizer
The permittee ensured contractors are properly trained in pesticide, herbicide and
Application
fertilizer application management.
Yes
14
Management
The permittee ensured all permits, certifications, and other measures for
applicators are followed.
Yes
---
Comments
Certifications for Town employees handling pesticides were provided. Certifications for all contractors handling pesticides were
provided.
II.G.2.j
The permittee implemented an employee training program for employees involved
Staff Training
in implementing pollution prevention and good housekeeping practices.
Yes
28,35
Comments
The powerpoint training was provided during the inspection. Sign -in -sheets were also provided.
II.G.2.k
The permittee described and implemented measures that prevent or minimize
Vehicle and
contamination of stormwater runoff from all areas used for vehicle and equipment
Yes
41
Equipment Cleaning
cleaning.
Comments
There is a wash bay in the municipal building area where yard trucks and town vehicles can be washed, but all passenger vehicles
are outsourced to Sam's Express. Firetrucks will sometimes use the wash bay to clean the undercarriage of the vehicle, but normally
they are cleaned at the fire station where some have collection ponds for wash water. The wash bay is pumped and hauled monthly
because of petroleum contact water.
Additional
Comments:
NCS000446_Apex MS4 Audit_20200925 Page 17 of 25

Site Visit Evaluation: Municipal Facility No. 1
Facility Name:
Public Works Operations Fleet Maintenance
Date and Time of Site Visit:
09/25/2020 at 3:20 pm
Facility Address:
105A Upchurch Street
Facility Type (Vehicle Maintenance, Landscaping, etc.):
Vehicle Maintenance
Name of MS4 inspector(s) evaluated:
James Misciagno
Most Recent MS4 Inspection (List date and name of inspector):
November 15, 2019
Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit:
Name
Title
Jose Martinez, III, PE,
Public Works and Transportation Director
Observations
Facility Documentation/Training
Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific?
Yes, two site -specific SWPPPs were onsite in addition to spill response binders.
What type of stormwater training do facility employees receive? How often?
The Town's facility inspection, preventative maintenance, and good housekeeping training.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
NC State Certifications, State Certifications
Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
Yes
Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
Yes
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist or other standardized form?
Yes
Does the MS4 inspector's process include taking photos?
Yes
Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)?
Yes
NCS000446_Apex MS4 Audit_20200925 Page 18 of 25

Site Visit Evaluation: Municipal Facility No. 1
Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge?
Did the MS4 inspector miss any obvious areas of concern? If so, explain:
No
Does the MS4 inspector's process include presenting the inspection findings to the facility contact?
Yes
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
No corrective actions at the facility, but it was determined the facility meets the requirements to obtain an NCG080000 General
Industrial Permit.
If compliance corrective actions were identified, what timeline for correction/follow-up was provided?
N/"
Notes/Comments/Recommendations
Facility is inspected for spills/leaks daily, was clean and well maintained.
SWPPP needs additional work: Provide more site -specific details for exposed materials, equipment, spill prevention and response
plan, and preventative maintenance and good housekeeping. Provide a signed annual inspection document. Routine inspections
and maintenance forms should be completed, signed, and dated.
NCS000446_Apex MS4 Audit_20200925 Page 19 of 25

Site Visit Evaluation: MS4 Outfall No. 1
Outfall ID Number:
Date and Time of Site Visit:
SWEOP158
09/25/2020 at 2:30pm
Outfall Location:
Outfall Description (Pipe Material/Diameter, Culvert, etc.):
Saunders Street, behind the Police Station
36" Corrugated Metal
Receiving Water:
Is Flow Present? If So, Describe (Color, Approximate Flow Rate,
UT to Beaver Creek
Sheen, Odor, Floatables/Debris, etc.):
Yes. 5 gallons/min, clear ana clean
Most Recent Outfall Inspection/Screening (Date):
12/03/2017
Days Since Last Rainfall:
Inches:
Rain during site visit
Unknown
Name of MS4 Inspector(s) evaluated:
James Misciagno
Observations
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
NC State Certifications, State Certifications
Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations?
Inspection Procedures
Does the inspector's process include the use of a checklist or other standardized form?
Does the inspector's process include taking photos?
Yes
Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? If so, what were they?
No
NCS000446_Apex MS4 Audit_20200925 Page 20 of 25

Site Visit Evaluation: MS4 Outfall No. 1
Inspection Results
Did the outfall inspection result in any work orders or maintenance requests? If so, for what issue(s)?
No
Will a follow-up outfall inspection be conducted? If so, for what reason?
No
Notes/Comments/Recommendations
Dry weather outfall inspections are also done by Public Works as well as MS4 inspectors.
NCS000446_Apex MS4 Audit_20200925 Page 21 of 25

Site Visit Evaluation: Construction Site No. 1
Site/Project Name:
Southwalk
Date and Time of Site Visit:
09/25/2020 at 1:30 pm
Site/Project Address:
South Salem Street
Operator:
Beazer Homes
Project Type (Commercial, Industrial, Residential, CIP, Roadway,
etc.): Residential
NCG Permit ID Number:
Disturbed Acreage:
Recent Enforcement Actions (Include Date):
N/A
Name of M54 Inspector(s) evaluated:
James Misciagno
Name(s) and Title(s) of Site Representative(s) Present During the
Site Visit:
Name
Title
Andy Beck
Beazer Homes Contact
Observations
Site Documentation/Training
Does the site have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it site -specific?
Yes, but it could not be viewed and was locked in a mailbox.
Does the site have approved erosion and sedimentation control plans onsite? Are they representative of current site conditions?
Yes.
What type of stormwater training do site employees receive? How often?
Site employees do not receive training from the MS4.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
NC State Certifications, State Certifications
Did the MS4 inspector appear knowledgeable about MS4 and NCG010000 requirements for construction sites?
Yes
Did the MS4 inspector appear knowledgeable about erosion and sedimentation control/stormwater pollution prevention BMPs?
Yes
NCS000446_Apex MS4 Audit_20200925 Page 22 of 25

Site Visit Evaluation: Construction Site No. 1
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist?
Yes. The inspector uses an electronic checklist called SWPP Tracker that allows them to fill out the report while onsite.
Does the MS4 inspector's process include taking photos?
Yes
Does the MS4 inspector's process include reviewing approved plans (erosion and sedimentation control and/or SWPPP)?
Yes
Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge?
Yes
Did the MS4 inspector miss any obvious violations? If so, explain:
No
Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing?
Yes, once the electronic inspection report is complete it is automatically emailed to the site contacts.
Does the MS4 inspector's process include providing construction stormwater educational materials to the site contact?
No
Compliance/Enforcement
What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in?
N/A
If compliance issues were identified, what timeline for correction/follow-up was provided?
N/A
Notes/Comments/Recommendations
The Town will not perform building inspections unless the site has a COC under the NCG010000 Construction Stormwater Permit.
NCS000446_Apex MS4 Audit_20200925 Page 23 of 25

APPENDIX A: SUPPORTING DOCUMENTS
NCS000446_Apex MS4 Audit_20200925 Page 24 of 25

APPENDIX B: PHOTOGRAPH LOG
NCS000446_Apex MS4 Audit_20200925 Page 25 of 25