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Home My WebLink AboutNCS000467_Wake Forest Self Audit_20220308 DRAFT PHASE II MS4 AUDIT TEMPLATE FOR PERMITS ISSUED PRIOR TO 2019 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000467 Wake Forest, NORTH CAROLINA 301 S. Brook Street Self-Audit Date: 7/19/2021 Report Date: N/A 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 MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Self-Audit Date: 7/19/2021 i (This page intentionally left blank) MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Self-Audit Date: 7/19/2021 ii TABLE OF CONTENTS Audit Details .................................................................................................................................................. 1 Permittee Information .................................................................................................................................. 2 Supporting Documents ................................................................................................................................. 3 Program Implementation, Documentation & Assessment ........................................................................... 4 Public Education and Outreach ..................................................................................................................... 8 Public Involvement and Participation ......................................................................................................... 11 Illicit Discharge Detection and Elimination (IDDE) ...................................................................................... 12 Construction Site Runoff Controls .............................................................................................................. 15 Post-Construction Site Runoff Controls ...................................................................................................... 18 Pollution Prevention and Good Housekeeping for Municipal Operations ................................................. 23 Total Maximum Daily Loads (TMDLs) ......................................................................................................... 26 Site Visit Evaluation: Municipal Facility No. 1 ............................................................................................. 28 Site Visit Evaluation: Municipal Facility No. 2 ............................................................................................. 30 Site Visit Evaluation: MS4 Outfall No. 1 ...................................................................................................... 32 Site Visit Evaluation: MS4 Outfall No. 2 ...................................................................................................... 34 Site Visit Evaluation: Construction Site No. 1 ............................................................................................. 36 Site Visit Evaluation: Construction Site No. 2 ............................................................................................. 38 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1 ............................................ 40 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 2 ............................................ 42 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. MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Self-Audit Date: 7/19/2021 iii This page intentionally left blank MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 1 of 45 Audit Details Audit ID Number: NCS000467_Wake Forest_ MS4 Self Audit_2019 Audit Date(s): 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) (Above, pick program implementation +3-4, below pick 1-3) Field Site Visits: ☐ Municipal Facilities. Number visited: Choose an item. ☐ MS4 Outfalls. Number visited: Choose an item. ☐ Construction Sites. Number visited: Choose an item. ☐ 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 Monica Sarna, Stormwater Engineer Town of Wake Forest Mate’a Tindal, Assistant Stormwater Engineer Town of Wake Forest Audit Report Author: Signature__________________________________________ Date: Audit Report Author: Signature__________________________________________ Date MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 11 of 45 Public Involvement and Participation Staff Interviewed: (Name, Title, Role) Stormwater Engineering, Asst. Stormwater Engineer, Environmental Engineer Permit Citation Program Requirement Status Supporting Doc No. II.C.2.a Volunteer Community Involvement Program The permittee included and promoted volunteer opportunities designed to promote ongoing citizen participation. Yes 2B Comments (Note opportunities promoted and date(s) of volunteer events) The Town of Wake Forest has historically offered the Adopt-a-Stream program to it’s residents. This program is advertised at least once a year through the Our Town publication and through a social media release. It is continuously advertised on the TOWF website. We have also developed the Keep Wake Forest Clean campaign, which allowed residents to participate in litter clean up. The Town itself participates in the Adopt-a-Highway program for NC-98, and cleans up litter on a quarterly schedule. The Town also offers participation in the Citizens Planning Academy, which teaches residents who want to be involved in the Planning Board. II.C.2.b Mechanism for Public Involvement The permittee provided and promoted a mechanism for public involvement that provides for input on stormwater issues and the stormwater program. Yes 2B6 Comments (Note mechanism(s) for input and how promoted) Updates to the Stormwater Ordinance include the opportunity to provide public comments on updates and changes. The comments from the public were compiled and responded to. II.C.2.c Hotline/Help Line The permittee promoted and maintained a hotline/helpline for the purpose of public involvement and participation. Yes 2W3 Comments (Note hotline contact information and how it is promoted) Visit the See.Click.Fix website to view stormwater related categories and location map. Also review the tracking and comment close out process. Additional Comments: MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 15 of 45 Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) Stormwater Engineering, Asst. Stormwater Engineer, Environmental Engineer Program Delegation Status: ☒ The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). ☐ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status Supporting Doc No. II.E.3 Construction Site Runoff Controls [NPDES Permit No. NCS000435] The permittee provides and promotes a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems (e.g., promoting the existence of the DEQ DEMLR “Stop Mud” hotline). Yes See.Click .Fix Comments (Describe how provided and promoted) See.Click.Fix is the main portal for reporting ESC issues. Otherwise residents can call/email the Environmental Engineer as listed on the Town’s website. Additionally, our streets and solid waste teams are encouraged to report issues to the Engineering Department. SPCA Citation Delegated Program Requirement Status Supporting Doc No. § 113A-60 Local erosion and sedimentation control programs (a) The permittee has adopted an ordinance or other regulatory mechanism to enforce the erosion and sedimentation control program. Yes 1B1 If yes, the ordinance meets or exceeds the minimum requirements of the SPCA. Yes 2Y4 If yes, the ordinance applies throughout the corporate limits of the permittee. [Permit Part I.D] Yes 2Y4 Comments (Provide regulatory mechanism reference or Supporting Documentation number) See Chapter 12 of the Unified Development Ordinance. The Town was audited in 2020 and received approval of the program. § 113A-60 Local erosion and sedimentation control programs (d) The permittee collects a fee paid by each person who submits an erosion and sedimentation control plan. Yes 2Y5 Comments (indicate the fee amount, if applicable) Fees are calculated during the review process in IDT (at $500 an acre) and are collected prior to approving the construction drawings. MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 16 of 45 Construction Site Runoff Controls § 113A-60 Local erosion and sedimentation control programs (e) Has any person initiated a land-disturbing activity (within the permittee’s jurisdiction) for which an erosion and sedimentation control plan is required in the absence of an approved plan? Yes 2Y6 If yes, the permittee has notified the North Carolina Sedimentation Control Commission of all such cases. Yes 2Y8 Has the permittee determined that a person engaged in a land-disturbing activity has failed to comply with an approved erosion and sedimentation control plan? Yes 2Y6 If yes, has the permittee referred any such matters to the North Carolina Sedimentation Control Commission for inspection and enforcement? Yes 2Y8 Comments The Town of Wake Forest issues NOVs for clearing without a permit/approved for construction drawings, and also issues NOVs for plan compliance violations. A site inspection (completed in New World) may initiate this process, or outside notification of working without a permit may occur. Construction Inspectors typically monitor upcoming/pending construction sites to ensure no work begins without a permit being issued. NOVs live in the project folder. Quarterly updates (including NOVs) are submitted to the state. § 113A-61 Local approval of erosion and sedimentation control plans The permittee reviews each erosion and sedimentation control plan submitted to them and notifies the person submitting the plan that it has been approved, approved with modification, or disapproved within 30 days of receipt. Yes IDT The permittee only approves an erosion and sedimentation control plan upon determining that it complies with all applicable State and local regulations. Yes 2Y5 The permittee has disapproved of an erosion and sedimentation control plan in order to protect riparian buffers along surface waters. Yes 2Y7 If yes, the permittee notified the Director of the Division of Energy, Mineral, and Land Resources within 10 days of the disapproval. Not Applicable --- Comments All plan reviews occur in our IDT software, which allows the reviewer to provide comments and formally Disapprove/Approve as Noted/ or Approve plan submittals. § 113A-61.1 Inspection of land- disturbing activity; notice of violation (a) The certificate of approval of each erosion and sedimentation control plan approved by the permittee includes a notice of the right to inspect. Yes 2Y2 The permittee provides for inspection of land-disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an erosion and sedimentation control plan are effective. Yes 2Y3 Comments See the Land Disturbance Letter of Approval, and the Engineering Inspections SOP. § 113A-61.1 Inspection of land- disturbing activity; When the permittee determines that a person engaged in land-disturbing activity has failed to comply with the SPCA, the Permittee immediately issues a notice of violation upon that person. Yes 2Y3 Pg34 MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 17 of 45 Construction Site Runoff Controls notice of violation (c) Each notice of violation issued by the permittee specifies the date by which the person must comply. Yes 2Y3&6 Pg34 Each notice of violation issued by the permittee informs the person of the actions that need to be taken to comply. Yes 2Y3&6 Pg34 Comments Engineering Inspections SOP page 34 defines our process for issuing NOVs. § 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation program? Yes Website Comments (indicate when/why a civil penalty is issued, and the amount, if applicable) https://www.wakeforestnc.gov/finance/fees-charges/engineering-fees/erosion-sediment-control-fees-penalties MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 18 of 45 Post-Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) Stormwater Engineering, Asst. Stormwater Engineer, Environmental Engineer 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-I) – 15A NCAC 2B .0212 ☒ Water Supply Watershed II (WS-II) – 15A NCAC 2B .0214 ☐ Water Supply Watershed III (WS-III) – 15A NCAC 2B .0215 ☒ Water Supply Watershed IV (WS-IV) – 15A NCAC 2B .0216 ☐ Freshwater High Quality Waters (HQW) – 15A NCAC 2H .1006 ☐ Freshwater Outstanding Resource Waters (ORW) – 15A NCAC 2H .1007 ☐ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 2B .0235 ☐ Tar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 2B .0258 ☐ Randleman Lake Water Supply Watershed Nutrient Management Strategy – 15A NCAC 2B .0251 ☐ Universal Stormwater Management Program – 15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ☐ DEQ model ordinance ☐ MS4 designed post-construction practices that meet or exceed 15A NCAC 02H .1000. ☒ DEQ approved comprehensive watershed plan ☒ DEQ approved ordinance for a deemed-compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed-compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L. 2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s) not covered under the S.L. 2006-246 deemed-compliant program. Session Law 2006- 246 Program Requirement Status Supporting Doc No. MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 19 of 45 Post-Construction Site Runoff Controls Deemed-Compliant Program(s) The permittee implements deemed-compliant Program requirements in accordance with the applicable 15A NCAC rules. Yes 1B1 The permittee implements deemed-compliant Program requirements throughout the entire MS4 area (If not, also complete the Permit Citation section below.) Yes 1B1 The permittee applies deemed-compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not have their own NPDES stormwater permit. Partial 1B1 The permittee included deemed-compliant Program reporting in their MS4 Annual Reports. Yes 1B1 The permittee included deemed-compliant Program implementation in their Stormwater Management Plan. Yes SWMP Comments UDO could add clearer language regarding NPDES stormwater permits for federal, state, and local gov projects. Updated language is in draft - expecting approval in spring/summer 2022. Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a Legal Authority The permittee maintained an ordinance or other regulatory mechanism designed to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Management Program. Yes 1B1 If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify accordingly). Yes UDO Chapter 1 The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. Yes 1B1 The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post-Construction Stormwater Management Program. Yes 1B1 The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges. Yes 1B2 Comments (If the permittee relies upon another entity, specifically note the legal authority that allows that entity to implement the program within the MS4 area) II.F.2.b Stormwater Control Measures (SCMs) The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 1B1 SCMs comply with 15A NCAC 02H .1000. Yes 1B1 Comments MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 20 of 45 Post-Construction Site Runoff Controls II.F.2.c Plan Reviews The permittee conducted site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). Yes IDT Software If yes, the site plan reviews addressed how the project applicant meets the performance standards. Yes SW Checklist 2G3 If yes, the site plan reviews addressed how the project will ensure long-term maintenance. Yes O&M Manual 2G6 Comments II.F.2.d Inventory of Projects The permittee maintained an inventory of projects with post-construction structural stormwater control measures installed and implemented at new development and redeveloped sites. Yes GIS Data The inventory included both public and private sector sites located within the permittee’s corporate limits that are covered by its post-construction ordinance requirements. Yes GIS Data Comments II.F.2.e Deed Restrictions and Protective Covenants The permittee provided mechanisms such as recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. Yes 1B1 Comments II.F.2.f Mechanism to Require Long-term Operation and Maintenance The permittee implemented or required an operation and maintenance plan for the long-term operation of the SCMs required by the program. Yes 1B1 The operation and maintenance plan required the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Yes 1B1 Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes 1B1 Comments II.F.2.g Inspections of Structural Stormwater Control Measures The permittee conducted and documented inspections of each project site covered under performance standards, at least one time during the permit term (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly). Yes New World Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee conducted a post-construction inspection to verify that the permittee’s performance standards have been met or a bond is in place to guarantee completion (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. Yes 2Y3 MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 21 of 45 Post-Construction Site Runoff Controls The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post-construction program(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. Yes 2P5 The permittee documented and maintained records of inspections. Partial New World/ Server The permittee documented and maintained records of enforcement actions. Yes Server Comments Records of Town owned SCM inspection are in New World, and records for privately owned SCMs are on the server with project information. SECU is a good example. II.F.2.h Educational Materials and Training for Developers The permittee made available through paper or electronic means, ordinances, post-construction requirements, design standards checklists, and other materials appropriate for developers. Note: New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee’s new development and redevelopment program. Yes Website Comments (If the permittee has adopted materials from other programs, indicate here which materials they are using) https://www.wakeforestnc.gov/planning/unified-development-ordinance II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. Partial --- If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. Choose an item. --- Comments Richland Elementary School algae issue? II.F.3.b New Development The permittee fully complies with post construction program requirements on its own publicly funded construction projects. Yes Unicon Comments Example: Renovations at Unicon – treatment swale II.F.3.c Nutrient Sensitive Waters Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to 15A NCAC 02H .0150? Yes 1B1 If yes, does the permittee use SCMs that reduce nutrient loading in order to meet local program requirements. Yes Falls Lake only If yes, does the permittee also still incorporate the stormwater controls required for the project's density level. Yes 1B1 If yes, does the permittee also require documentation where it is not feasible to use SCMs that reduce nutrient loading. Yes 1B1 Comments (Provide reference for local requirements) UDO Section 12.5, specifically 12.5.4 is for Falls Lake MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 22 of 45 Post-Construction Site Runoff Controls II.F.3.d Design Volume The permittee ensured that the design volumes of SCMs take into account the runoff at build out from all surfaces draining to the system. Yes 1B1 Where “streets” convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Yes 1B1 Comments UDO Section 12.5.3, and again in the MSSD 2.3.1 MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 26 of 45 Total Maximum Daily Loads (TMDLs) Staff Interviewed: (Name, Title, Role) Program Status: ☐ The permittee is not subject to an approved TMDL (skip the rest of this section). ☐ The permittee is subject to an approved TMDL for: name of parameter(s) and date(s) approved There ☐ is ☐ is not a Waste Load Allocation (WLA) in the approved TMDL (If there is a WLA, then complete items II.H.1-5 below. If there is not a WLA, skip to item II.H.6 below) Permit Citation Program Requirement Status Supporting Doc No. II.H.3 TMDLs Within 12 months of final TMDL approval, the permittee’s annual reports included a description of existing programs, controls, partnerships, projects and strategies to address impaired waters. Choose an item. --- Within 12 months of final TMDL approval, the permittee’s annual reports provided a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Choose an item. --- Comments II.H.4 TMDLs Within 24 months of final TMDL approval, the permittee’s annual reports included an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters. Choose an item. --- Within 24 months of final TMDL approval, the permittee’s annual reports included a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. Choose an item. --- Comments II.H.5 TMDLs Within 36 months of final TMDL approval, the permittee’s annual reports included a description of activities expected to occur and when activities are expected to occur. Choose an item. --- x MS4 Permit Audit Report Wake Forest, NC: NPDES Permit No. NCS000467 Audit Date(s): 7/19/2021 Page 27 of 45 Total Maximum Daily Loads (TMDLs) Comments II.H.6 TMDLs If there is no Waste Load Allocation in the approved TMDL, the permittee evaluated strategies and tailored and/or expanded BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. Choose an item. --- The permittee described strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports Choose an item. --- Comments