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Home My WebLink AboutNCS000513_Self Audit_20220926MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000513 HARRISBURG, NORTH CAROLINA 4100 Main Street, Suite 101 Audit Date: September 2022 Report Date: September 2022 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 Harrisburg, NC: NPDES Permit No. NCS000513 (This page intentionally left blank) Audit Date: September 2022 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation..................................................................................................................................2 SupportingDocuments.................................................................................................................................3 Construction Site Runoff Controls................................................................................................................ 4 Post -Construction Site Runoff Controls........................................................................................................ 7 Total Maximum Daily Loads (TMDLs)......................................................................................................... 12 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. Audit Date: September 2022 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 This page intentionally left blank Audit Date: September 2022 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Audit Details Audit ID Number: Audit Date(s): NCS000513_Harrisburg MS4 Audit_2022.09 September 2022 Minimum Control Measures Evaluated: ❑ Program Implementation, Documentation & Assessment ❑ Public Education & Outreach ❑ Public Involvement & Participation ❑ Illicit Discharge Detection & Elimination ❑X Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program ❑X Post -Construction Site Runoff Controls ❑ Pollution Prevention and Good Housekeeping for Municipal Operations ❑X Total Maximum Daily Loads (TMDLs) 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 Clay Heath P.E. Engineer in Training i Town of Harrisburg Audit Report Author: Date: Signature Audit Report Author: Date Signature Audit Date(s): September 2022 Page 1 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Permittee Information MS4 Permittee Name: Town of Harrisburg Permit Effective Date: February 20, 2017 Permit Expiration Date: February 19, 2022 City, State, ZIP: Harrisburg, NC 28075 Date of Last MS4 Inspection/Audit: April 26 — 27, 2022 Co-permittee(s), if applicable: N/A Permit Owner of Record: Mallory Hodgson P.E., Director of Public Works Primary MS4 Representatives Participating in Audit Name, Title Organization Clay Heath, P.E. Engineer in Training Town of Harrisburg Mallory Hodgson P.E. Director of Public Works Town of Harrisburg MS4 Receiving Waters Waterbody Classification Impairments Mallard Creek Copper and Turbidity Coddle Creek Turbidity and Benthos McKee Creek Benthos Rocky River C Copper, Turbidity and Benthos Back Creek Fair Bio-Classification Ready Creek C Fair Bio-Classification Fuda Creek C None Audit Date(s): September 2022 Page 2 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Supporting Documents Item Number Document Title I When Provided (Prior to/During/After) Town of Harrisburg Code of Ordinances — Chapter 53 Prior to Audit 2 Town of Harrisburg Unified Development Ordinance — Chapter 145 Prior to Audit 3 Town of Harrisburg Stormwater Drainage Manual Prior to Audit 4 Town of Harrisburg BMP Inspection Report Tracking Sheet Prior to Audit 5 McKee and Clear Creak TMDL Prior to Audit 6 Town of Harrisburg SCM Operation and Maintenance Agreement Prior to Audit 7 Town of Harrisburg Annual Reports, 2018-2021 Prior to Audit 8 Annual Inspection Reports for Town Owned SCMs Prior to Audit Audit Date(s): September 2022 Page 3 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Construction Site Runoff Controls Staff Interviewed: Clay Heath P.E., Engineer in Training (Name, Title, Role) Mallory Hodgson P.E., Director of Public Works 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 --- NCS0004351 promoting the existence of the DEQ DEMLR "Stop Mud" hotline). The Town maintains a customer service hotline to the public, this phone number is advertised for stormwater and erosion control issues. When an erosion control issue is received, it is forwarded to the appropriate Town staff to address the issue. If the issue falls under the DEMLR erosion and sediment control program, Town Staff will forward the issue to an Assistant Regional Engineer with the NCDEQ Mooresville office, Kenny Llywelyn. Town staff are in constant communication with Kenny and other employees of the Mooresville Regional Office to accomplish this minimum control measure. SPCA Citation Delegated Program Requirement Status Supporting Doc No. 113A-60 Local erosion and The permittee has adopted an ordinance or other regulatory mechanism to enforce Not sedimentation the erosion and sedimentation control program. Applicable control programs (a) If yes, the ordinance meets or exceeds the minimum requirements of the Not SPCA. Applicable If yes, the ordinance applies throughout the corporate limits of the permittee. Not [Permit Part I.D] Applicable The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. Audit Date(s): September 2022 Page 4 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Construction Site Runoff Controls § 113A-60 Local erosion and The permittee collects a fee paid by each person who submits an erosion and Not sedimentation sedimentation control plan. Applicable control programs (d) The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. § 113A-60 Local Has any person initiated a land -disturbing activity (within the permittee's erosion and jurisdiction) for which an erosion and sedimentation control plan is required in the Not Applicable sedimentation absence of an approved plan? control programs (e) If yes, the permittee has notified the North Carolina Sedimentation Control Not Commission of all such cases. Applicable --- Has the permittee determined that a person engaged in a land -disturbing activity Not has failed to comply with an approved erosion and sedimentation control plan? Applicable If yes, has the permittee referred any such matters to the North Carolina Not Sedimentation Control Commission for inspection and enforcement? Applicable The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. § 113A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to approval of erosion them and notifies the person submitting the plan that it has been approved, Not Applicable and sedimentation approved with modification, or disapproved within 30 days of receipt. control plans The permittee only approves an erosion and sedimentation control plan upon Not determining that it complies with all applicable State and local regulations. Applicable The permittee has disapproved of an erosion and sedimentation control plan in Not order to protect riparian buffers along surface waters. Applicable --- If yes, the permittee notified the Director of the Division of Energy, Not Mineral, and Land Resources within 10 days of the disapproval. Applicable The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. Audit Date(s): September 2022 Page 5 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Construction Site Runoff Controls § 113A-61.1 Inspection of land- The certificate of approval of each erosion and sedimentation control plan Not disturbing activity; approved by the permittee includes a notice of the right to inspect. Applicable notice of violation (a) The permittee provides for inspection of land -disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an Not Applicable --- erosion and sedimentation control plan are effective. The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. § 113A-61.1 When the permittee determines that a person engaged in land -disturbing activity Inspection of land- has failed to comply with the SPCA, the Permittee immediately issues a notice of Not Applicable -- disturbing activity; violation upon that person. notice of violation Each notice of violation issued by the permittee specifies the date by which the Not person must comply. Applicable Each notice of violation issued by the permittee informs the person of the actions Not that need to be taken to comply. Applicable The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. § 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation Not program? Applicable The Town relies on the NC Department of Environment and Natural Resources Sediment and Erosion Control Program, this section is not applicable. Audit Date(s): September 2022 Page 6 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Post -Construction Site Runoff Controls Staff Interviewed: Clay Heath P.E., Engineer in Training (Name, Title, Role) Mallory Hodgson P.E., Director of Public Works 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 11 (WS-11) — 15A NCAC 213.0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 213.0215 ❑ 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 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): ❑X DEQ model ordinance ❑X MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan I] 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): September 2022 Page 7 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 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. The permittee implements deemed -compliant Program requirements throughout the entire MS4 area (If not, also complete the Permit Citation section below.) Yes 1 The permittee applies deemed -compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not Yes have their own NPDES stormwater permit. The permittee included deemed -compliant Program reporting in their MS4 Annual Reports. Yes 7 The permittee included deemed -compliant Program implementation in their Stormwater Management Plan. Yes — The Town operates a "Deemed -Compliant" post -construction stormwater program that satisfies all Phase 11 requirements. 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 1 accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes 2 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 2 Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations Yes 1 related to stormwater discharges. All legal authorities required for the implementation of the pos-construction stormwater program are provided by the Town's Code of Ordinances or the Town's Unified Development Ordinance. II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 3 Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes 3 Audit Date(s): September 2022 Page 8 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Post -Construction Site Runoff Controls The Town implements a stormwater drainage manual modeled after the State's Stormwater Design Manual for outlining technical design standards and the basis of design for post -construction runoff controls. The Town currently allows all SCMs currently listed in the NCDEQ Stormwater Design Manual and utilizes the NCDEQ Minimum Design Criteria to review all proposed SCMs. 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 6 The Town implements a plan review process for all development and re -development within Town limits for all aspects of design, including stormwater. II.F.2.d The permittee maintained an inventory of projects with post -construction Inventory of Projects structural stormwater control measures installed and implemented at new Yes 4 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 4 requirements. The Town maintains an inventory of all SCMs and owner contact information for SCMs within Town limits. This inventory is used to track the status of annual inspections. 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 2 and Protective consistent with approved plans. Covenants Comments 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 1 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 1 Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes 1 Audit Date(s): September 2022 Page 9 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Post -Construction Site Runoff Controls The Town requires an operations and maintenance agreement to be executed by both the Owner and the Town and records this agreement with Cabarrus County Registrar of Deeds. The Town utilizes a standard form for SCM annual inspections, located in the Stormwater Drainage Manual, and requires owners to submit an SCM inspection performed by a professional on an annual basis. Owners are sent a notification letter mid -year as a reminder of the deadline for annual inspections. II.F.2. The permittee conducted and documented inspections of each project site covered Inspections of under performance standards, at least one time during the permit term Yes 4 Structural 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 The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post -construction program Yes 3 The permittee documented and maintained records of inspections. Yes 4 The permittee documented and maintained records of enforcement actions. Partial 4 The Town has not previously taken enforcement action for late or missing annual inspection submittals. It is a goal of Town Staff to take enforcement action as needed for the 2022 annual inspections. Any future enforcement action taken will be documented by notes in the inventory spreadsheet and by maintaining records of all correspondence with the SCM owner. II.F.2.h The permittee made available through paper or electronic means, ordinances, Educational post -construction requirements, design standards checklists, and other materials Materials and appropriate for developers. Training for Note: New materials may be developed by the permittee, or the permittee may use Yes 1, 2, 3 Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. The Town makes the Code of Ordinances, the Unified Development Ordinance, and the Stormwater Drainage Manual publicly available online. Audit Date(s): September 2022 Page 10 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Post -Construction Site Runoff Controls II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement Partial 4 actions. If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. Yes 4 As stated in ll.F.2.g, the Town intends to issue notices of violation and take additional enforcement action for late/missing 2022 annual SCM inspections as well as for inspections that show an SCM is out of compliance. All notice of violation and enforcement action will be tracked in the SCM inventory. Utilizing the inventory with contact information will allow Town staff to see if an SCM owner is a chronic violator. II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes 8 The Town complies with all design standards on SCMs that it owns and hires a 31 party to inspect these SCMs on an annual basis. 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 Not meet local program requirements. Applicable If yes, does the permittee also still incorporate the stormwater controls Not required for the project's density level. Applicable If yes, does the permittee also require documentation where it is not feasible to Not use SCMs that reduce nutrient loading. Applicable The Town does not have any areas draining to Nutrient Sensitive Waters. 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 Audit Date(s): September 2022 Page 11 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 Total Maximum Daily Loads (TMDLs) Staff Interviewed: Clay Heath P.E., Engineer in Training (Name, Title, Role) Mallory Hodgson P.E., Director of Public Works Program Status: ❑ The permittee is not subject to an approved TMDL (skip the rest of this section). ❑X The permittee is subject to an approved TMDL for: Fecal Coliform — August 2003 There ❑ is ❑X 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 Not p g p g ' g Applicable address impaired waters. 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 Not Applicable strategies address impaired waters. 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 BMare NotPs Applicable necessary to address impaired waters. 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 Not Applicable strategies address impaired waters. 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 Not Applicable occur. Audit Date(s): September 2022 Page 12 of 13 MS4 Permit Audit Report Harrisburg, NC: NPDES Permit No. NCS000513 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 Yes 5 watershed(s) to which the TMDL applies. The permittee described strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports Yes 5 The McKee Creek and Clear Creek TMDL was developed in 2002 and approved in 2003, prior to the issuance of a MS4 Permit to the Town. As such, the Town is not identified as a part of the waste load allocation in the TMDL. The Town performed a risk assessment with a consultant in 2012, this assessment identified the Town as having a low potential for waste load contribution. The Town has BMPs documented in the SWMP encouraging reduction in fecal coliform, including public education and outreach as well as a pet waste ordinance. Audit Date(s): September 2022 Page 13 of 13