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HomeMy WebLinkAboutNCS000423_Concord Self Audit_20220531Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) 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). ❑X The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status Supporting Doc No. II.E.3 Construction Site Runoff Controls The permittee provides and promotes a means for the public to notify the (NPDES Permit No. appropriate authorities of observed erosion and sedimentation problems (e.g., Yes NCS000435] promoting the existence of the DEQ DEMLR "Stop Mud" hotline). Comments (Describe how provided and promoted) --) How we promote a means for the public to notify authorities of erosion and sedimentation problems "Stop Mud" hotline ad is now on the website SPCA Citation Delegated Program Requirement Status Supporting Doc No. § 113A-60 Local The permittee has adopted an ordinance or other regulatory mechanism to enforce Choose erosion and sedimentation the erosion and sedimentation control program. an item. control programs (a) If yes, the ordinance meets or exceeds the minimum requirements of the Choose SPCA. an item. If yes, the ordinance applies throughout the corporate limits of the permittee. Choose [Permit Part I.D] an item. Comments (Provide regulatory mechanism reference or Supporting Documentation number) § 113A-60 Local erosion and The permittee collects a fee paid by each person who submits an erosion and Choose sedimentation sedimentation control plan. an item. control programs (d) Audit Date(s): 5/13/22 Page 1 of 14 Construction Site Runoff Controls Comments (indicate the fee amount, if applicable) § 113A-60 Local Has any person initiated a land -disturbing activity (within the permittee's Choose erosion and jurisdiction) for which an erosion and sedimentation control plan is required in the --- sedimentation absence of an approved plan? an item. control programs (e) If yes, the permittee has notified the North Carolina Sedimentation Control Choose Commission of all such cases. an item. Has the permittee determined that a person engaged in a land -disturbing activity Choose has failed to comply with an approved erosion and sedimentation control plan? an item. If yes, has the permittee referred any such matters to the North Carolina Choose Sedimentation Control Commission for inspection and enforcement? an item. Comments § 113A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to Choose approval of erosion them and notifies the person submitting the plan that it has been approved, --- and sedimentation approved with modification, or disapproved within 30 days of receipt. an item. control plans The permittee only approves an erosion and sedimentation control plan upon Choose determining that it complies with all applicable State and local regulations. an item. The permittee has disapproved of an erosion and sedimentation control plan in Choose order to protect riparian buffers along surface waters. an item. If yes, the permittee notified the Director of the Division of Energy, Choose Mineral, and Land Resources within 10 days of the disapproval. an item. Comments § 113A-61.1 Inspection of land- The certificate of approval of each erosion and sedimentation control plan Choose disturbing activity; approved by the permittee includes a notice of the right to inspect. an item. notice of violation (a) The permittee provides for inspection of land -disturbing activities to ensure Choose compliance with the SPCA and to determine whether the measures required in an --- erosion and sedimentation control plan are effective. an item. Comments Audit Date(s): 5/13/22 Page 2 of 14 Construction Site Runoff Controls § 113A-61.1 When the permittee determines that a person engaged in land -disturbing activity Choose Inspection of land- has failed to comply with the SPCA, the Permittee immediately issues a notice of --- disturbing activity; violation upon that person. an item. notice of violation Each notice of violation issued by the permittee specifies the date by which the Choose (c) person must comply. an item. Each notice of violation issued by the permittee informs the person of the actions Choose that need to be taken to comply. an item. Comments § 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation Choose program? an item. Comments (indicate when/why a civil penalty is issued, and the amount, if applicable) Audit Date(s): 5/13/22 Page 3 of 14 Post -Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) Implementation (check all that apply): ❑X 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-II) — 15A NCAC 213.0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 213.0215 ❑ Water Supply Watershed IV (WS-IV) —15A NCAC 213.0216 ❑ Freshwater High Quality Waters (HOW) — 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 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 ❑X 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. Audit Date(s): 5/13/22 Page 4 of 14 Post -Construction Site Runoff Controls Session Law 2006- Program Requirement Status Supporting 246 Doc No. Deemed -Compliant The permittee implements deemed -compliant Program requirements in Program(s) accordance with the applicable 15A NCAC rules. Yes --- The permittee implements deemed -compliant Program requirements throughout the entire MS4 area (If not also complete the Permit Citation section below.) Yes --- The permittee applies deemed -compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Yes --- have their own NPDES stormwater permit. 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 --- Comments Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Legal Authority to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Yes --- Management Program. If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify Yes --- accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes --- control measures will be installed, implemented, and maintained. The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Yes --- Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations Yes --- related to stormwater discharges. Comments (If the permittee relies upon another entity, specifically note the legal authority that allows that entity to implement the program within the MS4 area) 4 Ordinance associated with each program requirement mentioned above II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes --- Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes --- Audit Date(s): 5/13/22 Page 5 of 14 Post -Construction Site Runoff Controls Comments II.F.2.c The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of Yes --- development or sale). If yes, the site plan reviews addressed how the project applicant meets the performance standards. Yes --- If yes, the site plan reviews addressed how the project will ensure long-term maintenance. Yes --- Comments --> Information in Accela II.F.2.d The permittee maintained an inventory of projects with post -construction Inventory of Projects structural stormwater control measures installed and implemented at new Yes -- development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance Yes -- requirements. Comments 4 BMP Database II.F.2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions protective covenants that ensure development activities will maintain the project Yes --- and Protective consistent with approved plans. Covenants Comments --> Associated ordinance 4 Evidence of recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans II.F.2.f The permittee implemented or required an operation and maintenance plan for Mechanism to the long-term operation of the SCMs required by the program. Yes -- Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform Maintenance and maintain a record of annual inspections of each SCM. Yes -- Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes --- Comments 4 Copy of SCM Agreement (including O&M plan), with the above requirements highlighted Audit Date(s): 5/13/22 Page 6 of 14 Post -Construction Site Runoff Controls II.F.2.g The permittee conducted and documented inspections of each project site covered Inspections of under performance standards, at least one time during the permit term (Verify this Yes -- Structural is a permit condition in Part II.F.2.g of permit and modify accordingly). Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy, the Measures permittee conducted a post -construction inspection to verify that the permittee's performance standards have been met or a bond is in place to guarantee Yes -- completion (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post -construction program (Verify this is a permit Yes -- condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. Yes The permittee documented and maintained records of enforcement actions. Yes -- Comments --) We have copies of all internal inspections, as-builts inspections. 4 Our SCM database tracks all inspections and enforcement actions. II.F.2.h The permittee made available through paper or electronic means, ordinances, Educational post -construction requirements, design standards checklists, and other materials Materials and appropriate for developers. Training for Note: New materials may be developed by the permittee, or the permittee may use Yes --- Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Comments (If the permittee has adopted materials from other programs, indicate here which materials they are using) Website II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. Yes --- If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. Yes --- Comments II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes -- Comments 4 We require SCMs on all City funded construction projects. Audit Date(s): 5/13/22 Page 7 of 14 Post -Construction Site Runoff Controls II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to Nutrient Sensitive 15A NCAC 02H .0150? No --- Waters If yes, does the permittee use SCMs that reduce nutrient loading in order to Choose meet local program requirements. an item. If yes, does the permittee also still incorporate the stormwater controls Choose required for the project's density level. an item. If yes, does the permittee also require documentation where it is not feasible to Choose use SCMs that reduce nutrient loading. an item. Comments (Provide reference for local requirements) II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Design Volume runoff at build out from all surfaces draining to the system. Yes -- Where "streets" convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including Yes -- streets, driveways, and other impervious surfaces. Comments 4 We require engineers to follow DEQ's SCM Manual for design of SCMs. Audit Date(s): 5/13/22 Page 8 of 14 Total Maximum Daily Loads (TMDLs) Staff Interviewed: (Name, Title, Role) Program Status: ❑X 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 H.H.1-5 below. If there is not a WLA, skip to item H.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 Choose a description of existing programs, controls, partnerships, projects and strategies to an item. address impaired waters. Within 12 months of final TMDL approval, the permittee's annual reports provided Choose a brief explanation as to how the programs, controls, partnerships, projects and - an item. strategies address impaired waters. Comments II.H.4 TMDLs Within 24 months of final TMDL approval, the permittee's annual reports included Choose an assessment of whether additional structural and/or non-structural BMPs are - necessary to address impaired waters. an item. Within 24 months of final TMDL approval, the permittee's annual reports included Choose a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. an item. Comments II.H.S TMDLs Within 36 months of final TMDL approval, the permittee's annual reports included Choose a description of activities expected to occur and when activities are expected to --- an item. occur. Audit Date(s): 5/13/22 Page 9 of 14 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 Choose six minimum measures to enhance water quality recovery strategies in the an item. watershed(s) to which the TMDL applies. The permittee described strategies and tailored and/or expanded BMPs in their Choose Stormwater Management Plan and annual reports an item. Comments Audit Date(s): 5/13/22 Page 10 of 14 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 Site Name: Southside at Cannon Crossing Date and Time of Site Visit: 5/1/22 Site Address: Violet Cannon Drive SCM Type: Wet Pond Most Recent MS4 Inspection (Include Date and Entity): 1/14/22 Name of MS4 Inspector(s) evaluated: Crystal Scheip Most Recent MS4 Enforcement Activity (Include Date): N/A Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title Crystal Scheip Observations Site Documentation Does the site have an operation and maintenance plan? Yes Does the site have records of annual inspections? Are they performed by a qualified individual? Yes, a Professional Engineer Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? BMP Inspection and Certification Training, every 3 years. 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, online inspection report. Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? Yes Audit Date(s): 5/13/22 Page 11 of 14 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1 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? If there is an issue, yes. 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 Audit Date(s): 5/13/22 Page 12 of 14 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 Site Name: Pegge Lee Dance Studio Date and Time of Site Visit: 5/4/22 Site Address: 2810 Poplar Tent Road SCM Type: Bioreteion Most Recent MS4 Inspection (Include Date and Entity): 9/27/21 Name of MS4 Inspector(s) evaluated: Most Recent MS4 Enforcement Activity (Include Date): N/A Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title Crystal Scheip Project Engineer Observations Site Documentation Does the site have an operation and maintenance plan? Yes Does the site have records of annual inspections? Are they performed by a qualified individual? Yes, a Professional Engineer. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? BMP Inspection and Certification Training, every 3 years. 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, online inspection report. Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections? Yes Audit Date(s): 5/13/22 Page 13 of 14 Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2 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? If there is an issue, yes. 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 Audit Date(s): 5/13/22 Page 14 of 14