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Home My WebLink AboutNCS000585_New Bern MS4 AUDIT REPORT_20220120MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000585 New Bern, NORTH CAROLINA PO Box 1129 New Bern, NC 28563 Audit Date: 12/10/2021 Report Date: 1/20/2022 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 6th floor 1612 Mail Service Center Raleigh, NC 27699-1612 (This page intentionally left blank) NCS000585_New Bern MS4 Audit Report_20211210 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation..................................................................................................................................2 Listof Supporting Documents.......................................................................................................................3 Program Implementation, Documentation & Assessment...........................................................................4 Illicit Discharge Detection and Elimination (IDDE)........................................................................................9 Post -Construction Site Runoff Controls......................................................................................................12 Pollution Prevention and Good Housekeeping for Municipal Operations..................................................17 Site Visit Evaluation: Municipal Facility No. 1.............................................................................................20 Site Visit Evaluation: MS4 Outfall No. 1......................................................................................................22 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1............................................24 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2............................................26 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. NCS000585_New Bern MS4 Audit Report_20211210 ii This page intentionally left blank NCS000585_New Bern MS4 Audit Report_20211210 iii Audit Details Audit ID Number: Audit Date(s): NCS000585—New Bern MS4 Audit_20211210 12\10\2021 Minimum Control Measures Evaluated: ❑ Program Implementation, Documentation & Assessment ❑ Public Education & Outreach ❑ Public Involvement & Participation ® Illicit Discharge Detection & Elimination ❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program ® Post -Construction Site Runoff Controls ® Pollution Prevention and Good Housekeeping for Municipal Operations ❑ Total Maximum Daily Loads (TMDLs) Field Site Visits: ® Municipal Facilities. Number visited::!. ® MS4 Outfalls. Number visited: ". ❑ Construction Sites. Number visited: '.-` :: itern. ® Post -Construction Stormwater Runoff Controls. Number visited: 2 ❑ Other: New Bern Public Works Municipal Facility_. Number visited: Chr-l-::se .gin it.eryr. ❑ Other: New Bern Public Works Municipal Facility —Number visited: t:lt_: Inspector(s) Conducting Audit Name, Title Or �tanization Paul Clark NCDEQ, DEMLR, Stormwater 'Thom Edgerton NCDEQ, DEMLR, Washington Regional Office Audit Report Author. Signature / ��,f ``V Date: o aOda A", Audit Report Author: Date Signature o?o NCS000585_New Bern MS4 Audit Report_20211210 Page 1 of 27 Permittee Information MS4 Permittee Name: Permit Effective Date: Permit Expiration Date: New Bern 11/11/2016 11/10/2021 Mailing Address: Date of Last MS4 Inspection/Audit: PO Box 1129, New Bern, NC 28563 Co-permittee(s), if applicable: Permit Owner of Record: Primary MS4 Representatives Participating in Audit Name, Title Organization Avery Smith New Bern, Stormwater Superintendent Tyrus Clayton Engineering consultant - Draper Aden Dan Casserly New Bern, Project Coordinator - Inspector IVIS4 Receiving Waters Waterbod Classification Impairments Neuse River Estuary 27-(96)b2 Total Nitrogen ? Bachelor Cr.-ek 27-98 Not assessed Renny Creek 27-99 Not assessed Trent River 27-101-(31) Ail parameters meeting criteria Trent River 27-101-(39-) All Parameters meeting critena Brice Creek 27-.101-40-117) Not assessed Brice Creek 27-101-40-(1) Not assessed Wilson Creek 27-101 -37 Not assessed Lawscn Creek 27-101-42 Not assessed Assessments (or lack thereof) based on NCDEOFDVVR 2020 Integrated Report) Page 2 of 27 List of Supporting Documents Item Number Document Title When Provided (Prior to/During/After) 1 Stormwater Management Plan-9/21/2021 prior 2 Stormwater Infrastructure Operation and Maintenance Plan-10/8/2021 prior 3 Community Drainage Map prior SCM Operation and Maintenance Flan prior 5 Ordinance — SW Quality Management and Discharge Control-8/13/2021 prior 6 2019 Annual Report— Stormwater Management Program — October 2019 prior 7 2018-Annual Report-Stormwater Management Program; -October 2018 prior 8 2017-Annual Report-Stormwater Management Program -October 2017 prior 9 2019 NSW predevelepment worksheet prior 10 2019 Nitrogen worksheet general categories prior 11 2019 Nitrogen loading specific activities prior 12. 2019 SCM Inventory prior 13 20190911_CWEP Annual Report FY1819 prior 14 20190423_Public Education Tracking prior 15 2019 MS4 Infrastructure problers/remediation WO No. 92319 prior 16 2018 Stormwater equipment inventory prior 17 201.8 MS4 Infrastructure problems remedies prior 18 2017 SCM Inventory prior 19 2017-2018 Maintenance Reports (91 resorts) prior 20 CWEP Annual Report FY17 (31 pages) prior. NCS000585_New Bern MS4 Audit Report_20211210 Page 3 of 27 21 201.80718 Stormwater Calculations and Narrative Uhaul 411.2 Dr Martin Luther King Blvd 1,E8 pages) prior 22 201.80909 Stormwater Permit application Uhaul 41.12 Dr Martin Luther King Blvd signed prior 2.3 2.01.8 Meadows Arial Map prior 24 2.03.8071.3 Uhaul <11.12 Dr Martin Luther King BlvdSite Plan AMERCO Revision prior 25 2.0070901 New Bern Starrnwater Management 101anual (online) Referenced during audit 26 2021 Chernical Spill Response Training Viewed during audit 2.7 2020 .AnnUal Report Storrwater Management Prograrn RIMS Entailed after audit 2.8 2.021-Annual Report Storrnwater Management Program BIMS Entailed after audit 2.0 New Bern ODE Plan Viewed during audit 30 Pesticide, Herbicide, Fertilizer application certification Viewed during audit 31 2.0211.220 Erna€I vd1h supplemental information After 32 202:1.1.221 Email with supplemental information After Program Implementation, Documentation & Assessment Staff Avery Smith (New Bern Stormwater Superintendent) Interviewed: Tyrus Clayton (Draper Aden, engincaering consultant) (Name, Title, Dan Casserly (New Bern, Project Coordinator) Role) Sup port Permit Citation Program Requirement Status ing Doc No, II.A.1 The permittee maintained adequate funding and staffing to implement and Staffing and manage the provisions of the Stormwater Plan and meet all requirements of the Partial Funding permit. The Stormwater Plan identifies a specific position(s) responsible for the overall coordination, implementation, and revision to the Plan. Yes .�.. Responsibilities for all components of the Stormwater Plan are documented and position(s) assignments provided. Yes NCS000585_New Bern MS4 Audit Report_20211210 Page 4 of 27 Program Implementation, Documentation & Assessment The permittee is current on payment of invoiced administering and compliance monitoring fees (see stormwater e-payments on DEMLR MS4 web page). Yes Comments (Briefly describe funding mechanism, number of staff, etc.) Public Works —Stormwater implements the MSS program, ;Out is not meeting ALL of the permit requirements. Avery Smith, Dan Casserly are the two main staff who impleo lent the program, but other public works staff assists 2019-2020 $927,801 ($.02/$1000 property tax value,. Table 7 lists positions within sLorrnwater program and who is responsible for diffeo ent tasks. NCS000585 epayments are current. II.A.2 The permittee evaluated the performance and effectiveness of the program 6,7 Stormwater Plan components at least annually. part'al 6 Implementation and Evaluation If yes, the permittee used the results of the evaluation to modify the program components as necessary to accomplish the intent of the Partial Stormwater Program. Did the permitted MS4 discharges cause or contribute to non -attainment of an j applicable water quality standard? Partial I - If yes, did the permittee expand or better tailor its BMPs accordingly to Not address the non -attainment? Applicable Comments The perrrmiLtee evaluates same, but not all of the program components on an annual basis. Recent Staff changes including the city manager and public works director have slowed program improvement changes. New Bern is process o€ evaluating/updating enure siorrtwater program. One result of this update is GIS digital ref1erence system includes entire stormwater collection system (inlets, pipes, oUtfallS, SCMS). SCMs inspected using Upplication (digital system). T fe outfall/dry screening, systen application is in testing phase and expected to be fully operational in 2022. Assessment Units not meeting criteria are in estuary. New Bern is one of several local governments that is required to implement Nutrient Management Strategy (N CIS). it is one of several sources contributing to non -attainment ofWQ standard in the estuary. II.A.3 Keeping the The permittee kept the Stormwater Plan up to date. s Stormwater Plan Up to Date The permittee notified DEMLR of any updates to the Stormwater Plan. Not i pplicable Comments (indicate the date of latest Stormwater Plan and describe the nature of any updates, if applicable). NCS000585_New Bern MS4 Audit Report_20211210 Page 5 of 27 Program Implementation, Documentation & Assessment II.A.4 Availability The permittee kept an up-to-date version of its Stormwater Plan available to the of the Division and the public online. Flo --- Stormwater Plan The online materials included ordinances, or other regulatory mechanisms, or a list identifying the ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of the V�s permit. Comments (Note what materials are available on line) New Bern Code of Ordinances (https.//Iibr<,rv,municade.com/nc/new_kern/codes/code_of_ordin noes?nodeid=PTIIC0OR_APXALAt15_ARTXXVISTQU MADICO_DIV!IDIPR) -Appendix Q —Land Use —Article XXVI -SW Quality Management and Discharge Control -- includes 1.5-516 - post construction, 1.5-517 — riparian buffers, 15-526 - IDDE. II.A.3 & II.A.5 Stormwater Plan Did DEMLR require a modification to the Stormwater Plan? N� --- 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) None II.A.6 Sharing Responsibility Are any control measures implemented by an entity other than the permittee? Yes If yes, is there a written agreement in place? Partial -- Comments (List the specific control measures implemented by others that do not have adequate written agreements, if applicable) The permittee has a written agreement %vith Draper Aden consultants for assistance of MS4 program implementation. The permittee a'.so utilizes Dragon Fly for assistance with Stormwater Control Measure maintenance and inspections, but doses not have a written agreement with that entity ll'A.7 The permittee maintained written procedures for implementing the six Written minimum control measures. Partial Procedures Written procedures identified specific action steps, schedules, resources and responsibilities for implementing the six minimum measures. Partial Comments (List the specific minimum measures that do not have adequate written procedures, if applicable) Need to deveiDp w•r;tt=en procedures associated with the Pollution Prevention end Good Housekeepirg measure. III. A The permittee maintained documentation of all program components including, Program but not limited to, inspections, maintenance activities, educational programs, Documentation implementation of BMPs, enforcement actions etc., on file for a period of five Part'al years. NCS000585_New Bern M54 Audit Report_20211210 Page 6 of 27 Program Implementation, Documentation & Assessment Comments (list the specific program components that do not have adequate documentation on file and why, if applicable) Need to improve documentation associated with the Pollution Prevention and Good Housekeeping, specifically municipal facility inspections. III_B The permittee submitted annual reports to the Department within twelve,, Annual Report months from the effective date of the permit (See Section ME for the annual Yes 8,27 Submittal reporting period specific to this MS4). 128 The permittee submitted subsequent annual reports every twelve months from 6,7, the scheduled date of the first annual report submittal. Yes 8,?728 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 of each major component of the Stormwater Plan for the past year and 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 the proposed changes and how these changes will Partial _.. impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). 3. Documentation of any necessary changes to programs or practices for assessment of management measures implemented through the Partial Stormwater 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 Partial in light of the Stormwater Plan. 5. An assessment of compliance with the permit, information on the establishment of appropriate legal authorities, inspections, and NO enforcement actions. Comments (Note dates that annual reports cover under current permit and generally describe report deficiencies, if any) Reviewed 2017-2021 annual reports. The 2017-2019 narrative annual reports (that New Bern prepared) did not provide a summary of past year activities, a descripticn of the effectiveness of each program component, planned activities and changes for the next reporting period, or a fiscal analysis. Because the permittee utilized the online DEQ basinwide information management system (BIMS) to submit the 2020 and 2021 annual reports in accordance with permit condition Part IV No. 3, these annual reports fully meet the annual reporting requirements. IV.B Annual Reporting The Annual Reports document the following: 1. A summary of past year activities, including where applicable, specific Partial quantities achieved and summaries of enforcement actions. 2. A description of the effectiveness of each program component. I Partial NCS000585_New Bern MS4 Audit Report_20211210 Page 7 of 27 Program Implementation, Documentation & Assessment 3. Planned activities and changes for the next reporting period, for each program component or activity. Partial 4. Fiscal analysis. No Comments (Note dates that annual reports cover under current permit and generally describe report deficiencies, if any) Reviewed 2017-2021 annual reports. The 2017-2019 narrative annual reports (that New Bern prepared) did not provide a summary of past ,ear activities, a description of the effectiveness of each program component, planned activities and changes For the next reporting period, or a fiscal analysis. Because the permittee utilized the online DEQ basinwide information manat7ement system (RIMS) to submit ihe 2020 and 2021. annual reports in accordance vJLi-h permit condition Part IV No. 3, these annual reports fully meet- the annual reporting €�equ€rements. Additional Comments: NCS000585_New Bern MS4 Audit Report_20211210 Page 8 of 27 Illicit Discharge Detection and Elimination (IDDE) Staff Avery Smith (New Bern Stormwater Superintendent) Interviewed: Tyrus Clayton (Draper Aden, engineering consultant) (Name, Title, Dan Casserly (t�ew Bern, Project Coordinator) Role) Permit Citation Program Requirement Status upportin SDoe No. II.D.2.a IDDE Program The permittee maintained a written IDDE Program. Yes If yes, the written program includes provisions for program assessment Portial and evaluation and integrating program. Comments (Note any deficiencies) Novi Bern is process of evaluating/updating entire stormwater program. One result of this update is GIS digital reference system includes entire stormwater collection system (inlets, pipes, outfalls, SCrAs). SCMs inspected using application (digital system). The outfall/dry screening system app is in testing phase and expected to be fully operational in 2022. The permittee maintained an IDDE ordinance or other regulatory mechanism(s) that provides the legal authority to prohibit illicit connections Yes II.D.2.b and discharges to the MS4. Legal Authorities If yes, the ordinance applies throughout the corporate limits of the permittee. [Permit Part I.D] Yes - Comments See ordinance Sections 15-526027, section 15-104 II.D.2.c The permittee maintained a current map showing major outfalls and Storm Sewer Partial System Map receiving streams. Comments MS4 reap -red dots (inlets) into yellow pipes discharge into blue and green drainages. Easier to see components on digital reap viewed during audit. *Major outfrits are d.'srharges from > 36' diameter pipes or drainage areas of > 50 acres. in areas zoned for industrial activity, major outfalls are > 12" or drainage area > 2 acres. II.D.2.d The permittee maintained a program for conducting dry weather flow field Dry Weather observations in accordance with written procedures. Yes 3,15,17,19 Flow Program Comments (Generally summarize program, including frequency of observations and ll or % of outfalls screened) New tern is process of evaluating/updating entire stormwater program. One result of this update is GIS digital reference system includes entire stormvrater collection system (inlets, pipes, outfalls, SCIVis). SC.VS inspected using applicaton (digital system). The otfalljdry screening system app is in testing phase and expected to be fully operational in 2022. Currently, outfalls are inspected as part of the maintenance/cleaning process. NCS000585_New Bern MS4 Audit Report_20211210 Page 9 of 27 Illicit Discharge Detection and Elimination (IDDE) II.D.2.e The permittee maintained written procedures for conducting investigations Yes 3,1�,17 Investigation of identified illicit discharges. Procedures Comments (Generally describe what procedures are documented) Stormw3ter callection systern concerns and work orders associated with issues are logged. New Bern Pro:7r I improvements will improve thlis aspect of the program as well, II.D.2.f For each case of an illicit discharge or potential illicit discharge, the permittee documented and Track and tracked the following: Document Investigations 1. The clate(s) the illicit discharge was observed Ye s 3,15,17-19 Yes 3,15,17,19 2. The results of the investigation 3. Any follow-up of the investigation Yes 3,1SJ7,12 4. The date the investigation was closed ye S 3,15,17,19 Comments (Note whether a standard inspection form is utilized to capture consistent information and a tracking mechanism is used) II.D.2.g The permittee implemented and documented a training program for Employee appropriate municipal staff who, as part of their normal job responsibilities, Partial Training may come into 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) New Bern trains staff', but needs to better document training, II.D.2.h The permittee informed public employees of hazards associated with illegal Public Education discharges and improper disposal of waste. Partial The permittee informed businesses of hazards associated with illegal Partial discharges and improper disposal of waste. The permittee informed the general public of hazards associated with illegal Partial discharges and improper disposal of waste. Comments (Note how each sector was informed, if applicable) Public Works — Stormwater website — includes: https://www.newbernnc.gov/departments/utilities/water_and — sewer/how — to_report_a — sewer_backup.php for reporting IDDE. New Bern will include improved IDDIE'reporting on the revised ��Jebpage. NCS000585—New Bern MS4 Audit Report20211210 Page 10 of 27 Illicit Discharge Detection and Elimination (IDDE) 11i'D'2'11 The permittee promoted, publicized, and facilitated a reporting mechanism Public Reporting for the public to report illicit discharges. Partial _-- Mechanism The permittee promoted, publicized, and facilitated a reporting mechanism Partial for staff to report illicit discharges. The permittee established and implemented response procedures for citizen Partial requests/reports. Comments (Generally describe reporting mechanisms and how promoted/publicized/facilitated/established) Public Works — Stormwater website — includes: https://www.newbernnc.gov/departments/utilities/water_and_sewer/how_to_report_a_sewer_backup.php for reporting IDDE. New Bert? will include improved IDDE reporting on the revised webpage. II.D.2." The permittee implemented a mechanism to track the issuance of notices of Enforcement violation and enforcement actions administered by the permittee. Yes 3,15,17.19 If yes, the mechanism includes the ability to identify chronic violators for initiation of actions to reduce noncompliance. Yes 3,15;17,19 Comments (Generally describe the established tracking mechanism, if applicable) Folder of illicit discharge reports includes these associated with complaints, After third letter, fine issued, Warnings are included in previous letters. Additional Comments: NCS000585_New Bern MS4 Audit Report_20211210 Page 11 of 27 Post -Construction Site Runoff Controls Staff Interviewed: Avery Smith (Nevv Bern Stormwater Superintendent) (Name, Title, .iyrus Clayton (Draper laden, engineering consultant) Role) Dan Casserly (New Bern, Project Coordinator) 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 ® 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 26 .0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 26 .0215 ❑ Water Supply Watershed IV (WS-IV) —15A NCAC 26 .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 26 .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.C. 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 areo(s) not covered under the S.L. 2006-246 deemed -compliant program. NCS000585_New Bern MS4 Audit Report_20211210 Page 12 of 27 Post -Construction Site Runoff Controls Session Law 2006- Program Requirement Status supportin 246 g Doc No. Deemed- The permittee implements deemed -compliant Program requirements in 1,2,3,4 5.5 Compliant accordance with the applicable 15A NCAC rules. yes=1.•,�z, Program(s) The permittee implements deemed -compliant Program requirements throughout the entire MS4 area (If not also complete the Permit Citation Yes section below.) 15,17,1 ,2 5 The permittee applies deemed -compliant Program requirements to all 1,2,3,4,5,9 federal, state and local government projects within the permitted MS4 yes i«:, ': area who do not have their own NPDES stormwater permit. IS,"7,13,2 5 The permittee included deemed -compliant Program reporting in their MS4 Annual Reports. Yes The permittee included deemed -compliant Program implementation in their Stormwater Management Plan. Yes I Comments The SLUMP and Management Mancial to be combined, revised, and presented online within six months. 20210921 SLUMP —Table 17 - 15A NCAC 02B .0235 should be changed to 15A NCAC 02B ,0711. - references different from those in Code of Ord;nances-Appcndix A — Land Use Article XXVI Permit Citation Program Requirement Status supportin g Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism Legal Authority designed to meet the objectives of the Post -Construction Site Runoff Yes 5 Controls Stormwater Management Program. If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part LD of permit and Yes 5 modify accordingly). 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 Yes 5 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 - Yes 5 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 Yes 5 operations related to stormwater discharges. NCS000585_New Bern MS4 Audit Report_20211210 Page 13 Of 27 i Post -Construction Site Runoff Controls 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) See Section 15-516 - New Bern contracts with Draper Aden to review designs and proposals. II.F.2.16 The permittee utilizes strategies which include SCMs appropriate for the Stormwater MS4. Yes 25 Control Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes Comments New Born WV Managenmen" Manual consistent with NCDEQ resign Manu4af. The SWMP and Management ManUal will be combined and revised. The new updated manual will guide people to state manual. 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 Yes :.,>s 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 Yes 4'5 the performance standards. If yes, the site plan reviews addressed how the project will ensure long - Yes =;25 term maintenance. Comments 2017, 2018, 2010 Annual reports reference Wetland Restoration Fund (Ecosystem Enhancement Program). rhis is now handled by NCLEQ - Division of Mitigation Services. in New Bern, all applicants submit applications to determine if they are exempt. All proposed projects half acre or less are recorded. Some applicants need not obtain a permit. New Bern maintains folder for each permit. Applicant obtains state, permit before applying to New Bern. Applicants also need to d<_velop O&M agreement II.F.2.d The permittee maintained an inventory of projects with post -construction Inventory of structural stormwater control measures installed and implemented at new Yes 12,18 Projects 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 Yes 2,18 ordinance requirements. Comments II.F.2.e The permittee provided mechanisms such as recorded deed restrictions Deed Restrictions and protective covenants that ensure development activities will maintain Yes 5 and Protective the project consistent with approved plans. Covenants NCS000585_New Bern MS4 Audit Report_20211210 Page 14 of 27 Post -Construction Site Runoff Controls Comments Section 15-516 (d) d, requires deed restrictions II.F.2.f The permittee implemented or required an operation and maintenance Mechanism to plan for the long-term operation of the SCMs required by the program. Yes 2,a,s Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to Maintenance perform and maintain a record of annual inspections of each SCM. Yes 2'`' Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes 2,4,5 Comments All New Bern employees have attended the NCSU SCM certified training II.F.2.g The permittee conducted and documented inspections of each project site Inspections of covered under performance standards, at least one time during the permit Structural term (Verify this is a permit condition in Part II.F.2.g of permit and modify 'Yes Stormwater accordingly). Control Measures Before issuing a certificate of occupancy or temporary certificate of LICATION occupancy, the permittee conducted a post -construction inspection to verify that the permittee's performance standards have been met or a Yes 1''1s'1�`1 a bond is in place to guarantee com pl etion (Verify this is a permit condition in Part H.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 Yes 12`1`''3�`1 a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Yes 12,15,17,1 8 The permittee documented and maintained records of enforcement 12,15,17,1 actions. Yes Comments SCMs inspected a,lnually (or more if non -complaint). New Bern collects as built inspection fee. This information is included asPart of the SCM application. II.F.2.h The permittee made available through paper or electronic means, Educational ordinances, post -construction requirements, design standards checklists, Materials and and other materials appropriate for developers. Training for Note: New materials may be developed by the permittee, or the permittee Partial --- Developers may use 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) The SWMP and Management Manual will be combined and revised. SCM application is self-explanatory and old written forms were self-explanatory. All education material to be included in the revised/updated plan/manual. The permittee tracked the issuance of notices of violation and enforcement actions. Yes 15,17 NCS000585_New Bern MS4 Audit Report_20211210 Page 15 of 27 Post -Construction Site Runoff Controls II.F.2.i If yes, the tracking mechanism included the ability to identify chronic Enforcement yes 15,17 violators for initiation of actions to reduce noncompliance. Comments Inspection report wi i7 non-com issues includes deadline. NOV letters issued if problems not addressed by deadline. II.F.3.b 1,23,4;5,9 New Development The permittee fully complies with post construction program requirements , oj"12, on its own publicly funded construction projects. Yes 15, .7,13,2 5 Comments Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) II.F.3.c Nutrient Sensitive pursuant to 15A NCAC 02H .0150? Yes --- Waters If yes, does the permittee use SCMs that reduce nutrient loading in order to meet local program requirements. Yes ,10`,,,t If yes, does the permittee also still incorporate the stormwater controls required for the project's density level. Pa:tta: --- If yes, does the permittee also require documentation where it is not feasible to use SCMs that reduce nutrient loading. Par' ial --- Comments (Provide reference for local requirements) 201.7, 201 S, 2019 annual Eepzrts include pr ojccts vi:lth score N ac.-cuntirm There are no density requirements, but projects that will disturb half acre or more must control peak *low II.F.3.d The permittee ensured that the design volumes of SCMs take into account Design Volume the runoff at build out from all surfaces draining to the system. Yes 9,=0,1.1,25 Where "streets" convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to Yes 9,1.Q.13.,:!5 the SCM including streets, driveways, and other impervious surfaces. Comments This applies to new development Additional Comments: NCS000585_New Bern MS4 Audit Report_20211210 Page 16 of 27 Pollution Prevention and Good Housekeeping for Municipal Operations Staff Interviewed: Avery Smith (New Bern Stormwater Superintendent) (Name, Title, Role) Tyrus Clayton (Draper Aden, engineering consultant) Dan Casserly (Neil tern, Project Coordinator) Permit Citation Program Requirement Status Supportin g Doc No. II.G.2.a The permittee maintained a current inventory of facilities and operations Facility Inventory owned and operated by the permittee with the potential for generating Parfal polluted stormwater runoff. Comments (Note number of facilities, typical inventory data and any facilities that are not inventoried that should be) New Berri maintains inventory of every city owned facility, building, Bark, etc. Inventory is broken down by department and managed by Buildings and Grounds Superintendent. DECK only says SCM inventory during audit. II.G.2.b The permittee maintained and implemented an O&M program for Operation and municipally owned and operated facilities with the potential for generating Partial Maintenance polluted stormwater runoff. (O&M) for Facilities If yes, the O&M program specifies the frequency of inspections. No If yes, the 0&M program specifies the frequency of routine maintenance requirements. No If yes, the permittee evaluated the O&M program annually and updated it as necessary. No Comments New Bern is evaluatingjupoating'the entire stormwater program. One result of this updal:e is GIS digital reference system includes entire stormwater collection system (inlets, pipes, outfalls, SCMs). SCMs inspected using application (digital system). The outiall/dry screening system app is in testing phase and expected to be fully operational in 2022. Developing O&M program wiil also be part of this update. II.G.2.c The permittee had written spill response procedures for municipal Spill Response Partial Procedures operations. Comments 2021 Chemical Spill Response Training was Vier cd during audit. Spills that cannot be handled by New Bern are handled by Shamrock (contractor). II.G.2.d Streets, The permittee evaluated existing and new BMPs that reduce polluted Roads, and Public stormwater runoff from municipally -owned streets, roads, and public Partial - Parking Lots parking lots within its corporate limits annually. Maintenance If yes, the permittee evaluated the effectiveness of existing and new Not. cahi MA{sp li-- B Ps based on cost and the estimated quantity of pollutants removed. e NCS000585_New Bern M54 Audit Report_20211210 Page 17 of 27 Pollution Prevention and Good Housekeeping for Municipal Operations Comments New Bern is evaluating/updating the entire stormwater program. One result of this update is GIS digital reference system includes entire stormwater collection system (inlets, pipes, ClUtfalls, SCMs). SCIVs inspected using application (digital system). The OUtflall/dry screening systern application is intesting phase and expected to be fully operational in 2022. New Bern street sweeping/washing uses minimal water. Evaluating other management MeZSLIres will be part of program update. II.G.2.f O&M for Catch The permittee maintained and implemented an O&M program for the Basins and stormwater sewer system including catch basins and conveyance systems Yes Conveyance that it owns and maintains. Systems I Comments (Briefly describe 0& M program) Now Bern is evaluating/updalingthe entire stormwater program. One result of this update is GIS digital reference system includes entire stormwater collection system (inlets, pipes, outfalls, SCIVs). SCMs inspected using application (digital systern). The outfall/dry screening system application is in testing phase and expected to be fully operational in 2022. Evaluatingothe.r management measures will be part of this update. work o�-ders associated v,,ith i3sues are logged. New Bern program, improvernents will improve O&M aspect of the prograrn as well. ILG.Ur The permittee maintained a current inventory of municipally -owned or Structural operated structural stormwater controls installed for compliance with the Yes Stormwater permittee's post -construction ordinance. Controls Comments (Describe inventory information and number of controls in inventory) GS digial reference system includes entire stormwater collecLion system (inlets, pipes, outfalls, SCIVis). SCIVIS inspEcted using application (digital system). II.G.2.h The permittee maintained and implemented an O&M program for O&M for municipally -owned or maintained structural stormwater controls installed Structural for compliance with the permittee's post -construction ordinance. If yes, Yes Stormwater then: Controls The O&M program specified the frequency of inspections and routine maintenance requirements. Yes 2':"' L'!". The permittee documented inspections of all municipally -owned or maintained structural stormwater controls. yes The permittee inspected all municipally -owned or maintained structural stormwater controls in accordance with the schedule developed by Y e 2; permittee. The permittee maintained all municipally -owned or maintained structural stormwater controls in accordance with the schedule Yes developed by permittee. The permittee documented maintenance of all municipally -owned or maintained structural stormwater controls. Y. Comments New Bern contracts with Dragonfly to do these iterns. NCS000585—New Bern MS4 Audit Report20211210 Page 18 of 27 Pollution Prevention and Good Housekeeping for Municipal Operations II.G.2.i The permittee ensured municipal employees are properly trained in Pesticide, pesticide, herbicide and fertilizer application management. Yes Herbicide and Fertilizer The permittee ensured contractors are properly trained in pesticide, Not Application herbicide and fertilizer application management. Appiicabi Management e The permittee ensured all permits, certifications, and other measures for applicators are followed. Yes ., Comments Avery Smith is the only certified New Bern employee II.G.2.j The permittee implemented an employee training program for employees Staff Training involved in implementing pollution prevention and good housekeeping Partial practices. Comments New [fern tracks safety training, but needs to revise documentation, so that it accounts for ether training that is provided as well. II.G.2.k The permittee described and implemented measures that prevent or Vehicle and minimize contamination of stormwater runoff from all areas used for Partial --- Equipment vehicle and equipment cleaning. Cleaning Comments Vehicles are maintained, but not cleaned at the municipal facility. Vehicles are taken to commercial car wash where wastewater goes to sanitary sewer collection system. Additional Comments: NCS000585_New Bern MS4 Audit Report_20211210 Page 19 of 27 Site Visit Evaluation: Municipal Facility No. 1 Facility Name: Date and Time of Site Visit: New Bern Public Works Municipal Facility 12/10/2021 Facility Type (Vehicle Maintenance, Landscaping, etc.): Facility Address: 1004 S. Glenburnie Rd. Vehicle Maintenance and Storage lNew Bern, N.C. 28562 Name of MS4 inspector(s) evaluated: Most Recent MS4 Inspection (List date and name of Avery Smith (New Bern Stormwater Superintendent) inspector): I Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit: Name Title Avery Smith Storrn%vater Superintendent Tyrus Clayton Draper Aden, engineering consultant Dan Cassei ly New Bern, Project Coordinator Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific? Facility's SWPPP was either not developed Or Just not available onLite. What type of stormwater training do facility employees receive? How often? All receive spill response traWng once/year and review throughout the year. New Bern pays consultant to do training. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Spill response, NCSU SCM certified, ind pesticide, herbicide and fertilizer management training, 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? No NCS000585—New Bern MS4 Audit Report20211210 Page 20 of 27 Site Visit Evaluation: Municipal Facility No. 1 Does the MS4 inspector's process include taking photos? No Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)? No Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious areas of concern? If so, explain: There were several vehicles leaking fluid. Thorn Edgerton (WARD) suggested constructing a very low berm along open side of building where vehicles are stored to keep rainwater frorn coming in and washing out spills. Does the MS4 inspector's process include presenting the inspection findings to the facility contact? No Inspection Results Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)? Inspector € h ected emi;loy , s `o 6--an one leaking area under vehicle. If compliance corrective actions were identified, what timeline for correction/follow-up was provided? NA Notes/Comments/Recommendations Inspector will consider berm idea and/or do better job of ensuring there are few to no leaking vehicles NCS000585_New Bern MS4 Audit Report_20211210 Page 21 of 27 Site Visit Evaluation: MS4 Outfall No. 1 Outfall ID Number: No numbor Date and Time of Site Visit: 12/10/2021 Outfall Description (Pipe Material/Diameter, Culvert, etc.): Outfall Location: 1004 S. Glenburnie Rd. (municipal facility). There is metal manufacturing facility one 72 inch pipe eighth mile upstream of this outfall location. Receiving Water: Drains 1000 acro plus area into canal Is Flow Present? If So, Describe (Color, Approximate Flow that emptie.s into Martin Marietta Lake which does not Rate, Sheen, Odor, Floatables/Debris, etc.): Yes, there is appear to connect with other NC surface waters in area always flow present because this outfall drains 10000 acre (i.e., Neuse River). plus area. Flow appeared to be only result of rainwater p!us base flow. Most Recent Outfall Inspection/Screening (Date): 1.2/9/2021 Days Since Last Rainfall: I ches: Name of MS4 Inspector(s) evaluated: Avery Smith (New Bern Stormwater Superintendent) Observations Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Spill response, NCSU SCM certified, and pesticide, herbicide and fertil*�,-,er management training Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations? Yes Inspection Procedures Does the inspector's process include the use of a checklist or other standardized form? No Does the inspector's process include taking photos? No Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? if so, what were No NCS00058S_NawBern k8S4Audit Report_2O2ll2lO Page 2Jof27 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? 01-Ily the regular routine inspection Notes/Comments/Recommendations NCS000585_New Bern MS4 Audit Report_20211210 Page 23 of 27 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 Site Name: Date and Time of Site Visit: New Bern Public Works Municipal Facility 12/10/2021 SCM Type: Site Address: 1004 S. Glenburnie Rd. Met Detention Pond New tern, N.C. 28562 Most Recent MS4 Inspection (Include Date and Entity): Most Recent MS4 Enforcement Activity (Include Date): Name of MS4 Inspector(s) evaluated: Dare Casserly, New Bern Project Coordinator Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title Avery Smiti7 New Bern Stormwater Superintendent Tyrus Clayton Draper Aden (engineering consultant) Observations Site Documentation Does the site have an operation and maintenance plan? Yes, but did not see it during audit, Does the site have records of annual inspections? Are they performed by a qualified individual? Yes, yes. These are all recorded in the application used. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? NCSU SCM certified training. Did the MS4 inspector appear knowledgeable about MS4 requirements for post -construction site runoff controls? Yes Did the MS4 inspector appear knowledgeable about post -construction BMPs (general purpose/function, components, O&M requirements, etc.)? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? What format? Yes — included in application. Does the MS4 inspector's process include taking photos? Yes —included in application NCS000585_New Bern MS4 Audit Report_20211210 Page 24 of 27 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? No Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge? Yes, except the overflows structure was not easily accessed due to poor design and could not be easily accessed. Also could not easily access the outflow end of overflow due to heavy brush. Inspector checks this location at other times. Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain: Thom Edgerton noted that t1lere appcar d to be some site drainago (potentially carrying pollutants from stockpiles) going directly to SCM (bypassing outfall). Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? NA Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? NA If compliance issues were identified, what timeline for correction/follow-up was provided? NA Notes/Comments/Recommendations NCS000585_New Bern MS4 Audit Report_20211210 Page 25 of 27 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 Site Name: Date and Time of Site Visit: New Bern Public Works Municipal Facility 12/10/2021 Site Address: SCM Type: 1.004 S. GlenbUrnie Rd. Bioretention Measure (Rain Garden) New Bern, N.C. 23562 Most Recent MS4 Inspection (include Date and Entity): Name of MS4 Inspector(s) evaluated: Most Recent MS4 Enforcement Activity (include Date): Dan Casserly, New P-crn Project Coordinator Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title Avery Smith New Bern Stormwater Superintendent Tyrus Clayton Draper Aden (engineering consultant) Observations Site Documentation Does the site have an operation and maintenance plan? Yes, out did not see it Does the site have records of annual inspections? Are they performed by a qualified individual? Yes, yes. These are all recorded in the application used Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Did the MS4 inspector appear knowledgeable about MS4 requirements for post -construction site runoff controls? Yes Did the MS4 inspector appear knowledgeable about post -construction BMPs (general purpose/function, components, O&M requirements, etc.)? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? What format? Yes - included in application. Does the MS4 inspector's process include taking photos? Yes - included in application. NCS000S85_NewBern KxS4Audit Report_ZOZ11Z1U Page 26of27 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? No 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 operation and maintenance deficiencies? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing? NA Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? NA If compliance issues were identified, what timeline for correction/follow-up was provided? NA Notes/Comments/Recommendations Final Summary New Bern staff generally competent and effectively implement the M54 program". They make goad use of"partners such as Draper Aden and Dragonfly. They also make goad use of GIS and associated applications and the program review/update includes expanding these uses. Some issues include the following: 1. Need to improve documentation of several program components 2. During the municipal facility inspection, facility SWPPP could not be located and oil was noted under several vehicles 3. During SCM inspection, noted that it is difficult to inspect overflow and outflow and there was drainage flowing into SCM. 4. Need to develop O&M procedures for each municipal facility 5. Should have more information on website 6. Training documentation needs to improve as aFfell. New Bern stated that several items Noted in the above fist will be addressed in the program review/update. NCS000585_New Bern MS4 Audit Report_20211210 Page 27 of 27