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Home My WebLink AboutNCS000498_Self Audit_20221021MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000498 MORGANTON, NORTH CAROLINA 305 E. Union St., Ste. A100 Morganton, NC 28655 Audit Date: August 18, 2022 Report Date: October 21, 2022 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program S12 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 (This page intentionally left blank) Audit Date: August 18, 2022 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation..................................................................................................................................2 SupportingDocuments................................................................................................................................. 3 Program Implementation, Documentation & Assessment ............................ Error! Bookmark not defined. Public Education and Outreach...................................................................... Error! Bookmark not defined. Public Involvement and Participation............................................................ Error! Bookmark not defined. Illicit Discharge Detection and Elimination(IDDE)......................................... Error! Bookmark not defined. Construction Site Runoff Controls................................................................. Error! Bookmark not defined. Post -Construction Site Runoff Controls........................................................................................................4 Pollution Prevention and Good Housekeeping for Municipal Operations.... Error! Bookmark not defined. Total Maximum Daily Loads (TMDLs)...........................................................................................................9 Site Visit Evaluation: Municipal Facility No. 1................................................ Error! Bookmark not defined. Site Visit Evaluation: Municipal Facility No. 2................................................ Error! Bookmark not defined. Site Visit Evaluation: MS4 Outfall No. 1......................................................... Error! Bookmark not defined. Site Visit Evaluation: MS4 Outfall No. 2......................................................... Error! Bookmark not defined. Site Visit Evaluation: Construction Site No. 1................................................ Error! Bookmark not defined. Site Visit Evaluation: Construction Site No. 2................................................ Error! Bookmark not defined. Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 1Error! Bookmark not defined. Site Visit Evaluation: Post -Construction Stormwater Control Measure No. 2Error! Bookmark not defined. 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 Storm water Management Plan in accordance with the issued permit. Audit Date: August 18, 2022 ii MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 This page intentionally left blank Audit Date: August 18, 2022 iii MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Audit Details Audit ID Number: Audit Date(s): June 20, 2022 NCS000498_Morganton MS4 Audit_20220621 Self -Audit Date: August 18, 2022 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: Choose an item. ❑ MS40utfalls. 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 Michael Chapman, Public Works Director City of Morganton Kathleen Balaze, Staff Professional WithersRavenel Audit Report Aut Date: , Ol Z f ��' Signature /a�G✓ Audit Report Author: Signature 44t Date: Audit Date(s): August 18, 2022 Page 1 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Permittee Information MS4 Permittee Name: City of Morganton . Permit Effective Date: 2/20/2017 Permit Expiration Date: 2/19/2022 Mailing Address: 305 E. Union St., Ste. A100 Morganton, NC 28655 Date of Last MS4 Inspection/Audit: N/A Co-permittee(s), if applicable: N/A Permit Owner of Record: Ronnie Thompson, Mayor Primary MS4 Representatives Participating in Audit Name, Title Organization Mario Sclarandis, City Engineer City of Morganton Michael Chapman, Public Works Director City of Morganton MS4 Receiving Waters Waterbody Classification Impairments Bailey Fork WS-IV Canoe Creek WS-IV Catawba River WS-IV, CA, Tr East Prong Hunting Creek WS-IV Fecal Coliform Fiddlers Run WS-IV Fecal Coliform Hunting Creek WS-IV, CA Little Silver Creek WS-IV, C Benthos Mud Creek (Hunting Creek) C Benthos, Fish Community Pee Dee Branch WS-IV Fecal Coliform Rock Fish Creek (New Kirk Pond, Hunting Creek) C, SW Fish Community, Fecal Coliform Unnamed Tributary to Rock Fish Creek (Hunting Creek) Silver Creek WS-IV, C Warrior Fork WS-IV, CA Wilson Creek WS-IV Audit Date(s): August 18, 2022 Page 2 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Supporting Documents Item Number Document Title When Provided (Prior to/During/After) 1 City of Morganton Website Prior to 2 City of Morganton Code of Ordinance — Part 9 — Chapter 5 Flood Damage Prevention, Chapter 7 — Watershed Protection, and Chapter 8 — Phase II Prior to 3 City of Morganton Disapproval Letter After 4 City of Morganton Approval Letter After 5 2010 Stormwater Management Plan After 6 SCM Bond Example After Audit Date(s): August 18, 2022 Page 3 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Post -Construction Site Runoff Controls Staff Interviewed: Mario Sclarandis, City Engineer (Name, Title, Role) Michael Chapman, Public Works Director 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: ❑X 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 Low2006-246 section below): ❑ Water Supply Watershed I (WS-1) —15A NCAC 213.0212 ❑ Water Supply Watershed 11 (WS-II) —15A NCAC 26 .0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 26 .0215 ❑X Water Supply Watershed IV (WS-IV) —15A NCAC 213.0216 ❑ 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 ❑ MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan ❑X 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): August 18, 2022 Page 4 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 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.) No 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 5 Comments Chapter 7 of the City's Code of Ordinance describes the Water -Supply Watershed (WSW) rules. Chapter 8 of the Ordinance describes the MS4 Post -Construction Rules. There are several WSW -IV areas in Morganton and historically there were WSW -III areas, but those have since been removed from the state list. The ordinance has yet to be updated and the City applies the most stringent ordinance applicable in cases where multiple apply. The 2010 Stormwater Management Plan describes the City's WSW and Post -Construction implementation. Reporting for both the WSW and Post -Construction reviews are provided during annual reviews, but not separately. Reviews of government projects are sent to the State or are reviewed by the City. For example, a City - owned hospital went to review for the state and the County -owned elementary school project was reviewed by Morganton. 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 LD of permit and modify Not Applicable 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 2 related to stormwater discharges. Comments Chapter 8 of the Ordinance describes the MS4 Post -Construction Rules. The ordinance applies throughout an area shown on "Phase II Storm Water Map of the City of Morganton". The map was not available online. The ordinance authorizes the City to review plans, request information, and enter private property to conduct inspections of post construction stormwater control measures (SCMs). Audit Date(s): August 18, 2022 Page 5 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Post -Construction Site Runoff Controls II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 2 Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes 2 Comments SCMs are required to comply with the State Minimum Design Criteria and Stormwater Design 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 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 Yes --- maintenance. Comments Plans are reviewed prior to issuing Notices to Proceed with development and comment letters are sent when deficiencies are identified. The City requires general notes on plans that indicate requirements for long-term maintenance. 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 Partial --- 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 Partial --- requirements. Comments An inventory of SCMs in the City is in progress in GIS but is not complete. While the City does own one bioretention cell, it was not installed to comply with post -construction rules. At this time there are no City -owned SCMs that require 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 2,6 and Protective consistent with approved plans. Covenants Comments The City ordinance requires deed recordation and performance bonds for SCMs, which are tracked through SW O&M agreement, registered through County Register of Deeds. 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 2 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 2 Audit Date(s): August 18, 2022 Page 6 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Post -Construction Site Runoff Controls Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes 2 Comments The City ordinance requires operations and maintenance agreements as part of plan submittals, but plan requirements are not specified in the post -construction section. The City requires general notes on plans that indicate requirements for long-term maintenance. At this time, no process has been implemented to enforce annual inspection requirements. 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 Not Applicable -_- 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 Not performance standards have been met or a bond is in place to guarantee Applicable --- completion The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post -construction program (Verify this is a permit No --- condition in Part II.F.2.g of permit and modify accordingly. The permittee documented and maintained records of inspections. No --- The permittee documented and maintained records of enforcement actions. Not Applicable Comments The City as -built process includes review of certification letters provided by developers prior to issuance of certificates of occupancy. At this time as -built drawings are not required. No inspection program for private SCMs has been developed. No enforcement actions have occurred to date. 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 Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Comments The City ordinance and requirements are listed on the City webpages. II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. No --- If yes, the tracking mechanism included the ability to identify chronic violators Not for initiation of actions to reduce noncompliance. Applicable --- Comments Projects are bonded, but there is no current method for tracking NOVs. At this time, the nuisance ordinance is used to enforce illicit discharge requirements and SCM repairs. Audit Date(s): August 18, 2022 Page 7 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Post -Construction Site Runoff Controls II.F.3.b The permittee fully complies with post construction program requirements on its New Development own publicly funded construction projects. Yes --- Comments City projects are reviewed by the State. 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 Comments N/A 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 2 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 2 streets, driveways, and other impervious surfaces. Comments The City ordinance requires SCMs to comply with the Minimum Design Criteria and Stormwater Design Manual, which require design volumes to take full build out and all impervious into account. Audit Date(s): August 18, 2022 Page 8 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Total Maximum Daily Loads (TMDLs) Staff Interviewed: Mario Sclarandis, Engineer (Name, Title, Role) Michael Chapman, Public Works Director 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 address impaired waters. an item. 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 --- strategies address impaired waters. an item. Comments N/A 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 N/A II.H.5 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): August 18, 2022 Page 9 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Total Maximum Daily Loads (TMDLs) Comments N/A 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 N/A Audit Date(s): August 18, 2022 Page 10 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 APPENDIX A: SUPPORTING DOCUMENTS Audit Date(s): August 18, 2022 Page 11 of 11 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Attachment 1 City of Morganton Website https://www.morgantonnc.gov/development-design- services/page/stormwater-information MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Attachment 2 City of Morganton Code of Ordinance — Part 9 — Chapter 5 Flood Damage Prevention https://library.municode.com/nc/morganton/codes/code_of ordinances?nodel d=DIVIICOGEOR PT9PLREDE CHSFLDAPR Chapter 7 — Watershed Protection https://library.municode.com/nc/morganton/codes/code_of ordinances?nodel d=DIVIICOGEOR PT9PLREDE CH7WAPR Chapter 8 — Phase II Stormwaterhttps://library.municode.com/nc/morganton/codes/code_of_ordin antes?nodeld=DIVIICOGEOR PT9PLREDE CHBPHIISTWA MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Attachment 3 City of Morganton Disapproval Letter CITY OF MORGANTON NORTH CAROLINA NOTICE OF SECOND PLAN REVIEW November 4, 2020 Kevin Pulis, PE Tarr Group, LLC. 8650 State Road 32 Zionsville, Indiana 46077 843-633-3597 Via email: kevin(&tarr- rg oup.com Dear Mr. Pulis, Thank you for your revised plan submittal for the proposed Dunkin Donuts to be located at 1248 Burkemont Avenue. The City has again, conducted a comprehensive review on the proposed project, to include responses to the Notice of Plan Review, which consisted of all City Departments. The City remains committed to streamlining your construction and preventing unnecessary delays once construction is approved. The following items represent issues that will need to be addressed prior to a Notice to Proceed being issued. We will be happy to meet with you to discuss the items listed below if desired. Some items may need to be addressed by a plan revision; others may be addressed by letter of acknowledgment. Once all items have been addressed satisfactorily, the City will issue a NOTICE TO PROCEED on the project. If you have questions regarding any of the items below, please contact the person listed or myself. 1. Zoning - contact person Jesse James (828)438-5268 (a) 4.4 Landscaping and Screening Standards (b) 4.7Infrastructure 1. 4.7.4- Sidewalks- See Attached "Selected Alternative Map" for the I-5009 Project. It is not evident that anything other than resurfacing will occur along this site. Current projected construction date is 2029. Therefore it will be necessary, regardless of plans related to the interchange improvement, to construct the sidewalk at this time. (c) General Comments 2. Please show a stub out on the Southern border near the adjacent property entrance access drive. The rear stubbed area is fine for the northern border property. Page 2 2. Engineering - contact person Mario Sclarandis (828) 438-5263 (d) Pavement Markings and Traffic Signs — Sheet C-1 3. Stop bar at entrance shall be four (4) feet back from crosswalk/trench gate. 4. Radii on connector drive appear to be tight. It looks to be 10 feet inside and 3 feet at dumpster. It further appears that cars could not easily meet/pass and that the dumpster screen will make a right turn upon entering difficult. Wheel stops and striping are not recommended in this connector. 5. Is a pedestrian connection to the tire store a possibility? (e) Water - 6. It will be necessary to obtain a three party encroachment agreement prior to installing water tap. (f) Storm Water 7. Is the inclusion of permeable pavers are included to reduce the Built Upon Area (BUA) to 65%? If so, it must meet Rule 15A NCAC 2H .1055. MDC for Permeable Pavers. Please provide calculations, operation and maintenance plan, operation, security bond, and maintenance agreement in the deed. Upon completion of construction, the City or a certified individual must inspect all SCMs and certify that they are performing according to design. 8. Is the Underground Infiltration Area an approved device for stormwater treatment in North Carolina? See the following from the NC State website: https://deg.nc. gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater-pro rg am/post-construction *****NOTES: 1. All utility work shall be done by a licensed North Carolina utility contractor. The Contractor shall coordinate all utility work, water and sanitary sewer, with the City of Morganton Water Resources Department. All utility work shall be done in compliance with City of Morganton Standard Specifications and Details. Submittal of parts and materials shall be submitted to the City Engineer for review prior to a Pre -Construction Meeting which is required between the City and the utility contractor before any utility work commences on the project. In addition, all inspection fees shall be paid before any work on utilities is started. All utility work will be inspected by a City Utility Inspector (not by the Building Inspector) as assigned by the City Engineer. 2. This work will be located in the roadway and shall be done by the developer's utility contractor. This will require the developer to enter into a three party encroachment with the NCDOT and be responsible for all asphalt repairs per the NCDOT encroachment permit. For any information on our Standard Specifications and Details, please go online to the City website or contact Mark Hall with Development and Design services at 828-432-2515 mhall@ci.morganton.nc.us Telephone (828) 437-8863 305 East Union Street, Suite Aioo PO Box 3448 www.ci.morganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448 Please submit all written correspondence and plan revisions to: City of Morganton, c/o Phillip Lookadoo, 305 East Union Street Suite A-100, Morganton NC 28655 PO Box 3448, Morganton NC 28680-3448. Sincerely, Phillip Lookadoo Director, Department of Development & Design Services CC: Mike Crotts, Building Inspections Mark Hall, Engineering Cecil Huffman, Fire Inspection Ronnie Suttles, Water Resources Chris Guffey, NCDOT John Steel, City Electric Mario Sclarandis, Engineering Michael Berley, Development and Design Jesse James, Planning and Zoning Brad Boris, Water Resources Greg Branch, COMPAS Brooks Kirby, City Electric James Evans, NCDOT Page 3 Telephone (828) 437-8863 305 East Union Street, Suite Aioo PO Box 3448 www.ci.morganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Attachment 4 City of Morganton Approval Letter CITY OF MORGANTON NORTH CAROLINA NOTICE TO PROCEED November 19, 2020 Kevin Pulis, PE Tarr Group, LLC. 8650 State Road 32 Zionsville, Indiana 46077 843-633-3597 Via email: kevin&tarr- r�oup.com Dear Mr. Pulis, Thank you for your November 17, 2020 plan revision for Dunkin' Donuts to be located at 1248 Burkemont Avenue, Morganton, NC. Minor adjustments to the traffic markings may be necessary but can be coordinated in the field. It will be necessary to request an administrative variance for the portion of the sidewalk that will be less than 6 feet from the back of curb along Burkemont Avenue. Additionally, the width of the portion of sidewalk near the power pole must be increased to 5 feet or greater. The site plan indicates 4.41 feet. This must be increased to 5 feet for ADA compliance. In addition, tactile dome mats must be placed at each side of the driveway. With said revisions, the plans have been determined to be compliant with City of Morganton zoning and site approval requirements. This Notice to Proceed (NTP) is valid for a period of 90 days from date of issuance. Upon submission of a performance bond equaling 125% of the cost of installation of your proposed Stormwater Control Measure, a building permit may be applied for and obtained within this period by a NC licensed General Contractor. Upon expiration of this period, if a building permit has not been obtained, all changes to the local rules governing site plan approval must be followed. Once building permits have been obtained, NTP approval will remain valid as long as the contractor commences work and pours all footings within 180 days of the permit issuance and maintains substantial progress until project completion. Telephone (828) 437-8863 305 East Union Street, Suite Aioo PO Box 3448 www.ci.morganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448 The City of Morganton looks forward to working with you and others on this project. If I can provide any assistance during construction please contact me at (828) 438-5266. Sincerely, "0'6 '�Oaaaa a-" Phillip M. Lookadoo, AICP, CFM Director of Development & Design Services CC: Brooks Kirby, Electric John Steel, Electric Ronnie Suttles, Water Resources Greg Branch, Cable/Phone Jesse James, Zoning James Evans, NCDOT Brad Boris, Water Resources Larry Saunders, Fire Chris Guffey, NCDOT Mike Crotts, Inspections Mario Sclarandis, Engineering Mark Hall, Engineering Scott Lookadoo, Public Works Telephone (828) 437-8863 305 East Union Street, Suite Aioo PO Box 3448 www.ci.morganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Attachment 5 2010 Stormwater Management Plan CITY OF MORGANTON NORTH CAROLINA March 9, 2010 Mr. Mike Randall NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Randall, FILE COPY On behalf of the City of Morganton I am pleased to submit for your review our completed Storm Water Permit Application Form (SWU-270) and three (3) copies of our Comprehensive Storm Water Management Program for 2010 in compliance with Title 15A North Carolina Administrative Code 2H .0126. Please let me know if you have any questions pertaining to the information submitted. I can be reached at (828) 438-5270. l Respectfully, i Lee E. Anderson, AICP Director of Development and Design Services Telephone (828) 437-8863 305 East Union Street, Suite Aioo PO Box 3448 www.ci.rnorganton.nc.us Morganton, NC 28655 Morganton, NC 28680-3448 State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU 268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. a. Name of Public Entity City of Morganton Seekin Permit Coverage b. Ownership Status (federal, Local state or local c. Type of Public Entity (city, City town, county, prison, school, etc. d. Federal Standard Industrial SIC 91- 97 Classification Code e. County(s) Burke f. Jurisdictional Area (square City 18.85 sq. miles ETJ 19.51 sq. miles miles g. Population Permanent 17,194 Seasonal (if available h. Ten-year Growth Rate -0.7% i. Located on Indian Lands? ❑ Yes 0 No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 18.85 sq. miles b. River Basin(s) Catawba c. Number of Primary Receiving Streams 14 named creeks and streams d. Estimated percenta e of 'urisdictional area containing the following four land use activities: • Residential 72% • Commercial 14% • Industrial 12% • Open Space 2% o Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes M No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes 0 No b. Local Water Supply Watershed Program ® Yes ❑ No c. Delegated Erosion and Sediment Control Program M Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with El Yes ®No a permitted Phase I entity? b. If so, provide the name and permit number of that entity: • Name of Phase I MS4 N/A • NPDES Permit Number N/A c. Do you intend to co -permit El Yes ®No with another Phase II entity? d. If so, provide the name(s) of the entity: N/A e. Have legal agreements been finalized between the co- ❑ Yes ❑ No N/A ermittees? V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS (If more than one, attach additional sheets) a. Do you intend that another entity perform one or more of our permit obligations? E Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Land Quality Section of NCDENR Asheville Office • Element they will implement Sedimentation and Erosion Control • Contact Person Janet Boyer, PE • Contact Address 2090 U.S. Highway 70, Swannanoa, NC 28778 • Contact Telephone Number 828.296.4500 c. Are legal agreements in place to establish responsibilities? ®Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority Lee Anderson has been delegated b. Title/position of person above Director of Development & Design Services c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name Sally W. Sandy Title City Manager Street Address 305 East Union Street Suite A100 PO Box 3448 City Morganton State North Carolina Zip 28680 Telephone (828) 437-8863 Fax (828) 432-2669 E-Mail ssandy@ci.morganton.nc.us VIII. MS4 CONTACT INFORMATION Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. a. Name of Contact Person Lee E. Anderson b. Title Development and Design Services Director c. Street Address 305 East Union St. Suite A100 d. PO Box PO Pox 3448 e. City Morganton f. State North Carolina g. Zip 28680 h. Telephone Number (828) 438-5270 i. Fax Number (828) 438-5264 j. E-Mail Address Anderson@ci.morganton.nc.us Page 3 SWU-264-103102 NPDES RPE Stormwater Permit Application IX. PERMITS AND CONSTRUCTION APPROVALS List permits or construction approvals received or applied for under the following programs. Include contact name if different than the person listed in Item VIII. If further space needed, attach additional sheets. CRA Hazardous Waste anagement Program P IC program under SDWA c. NPDES Wastewater Discharge NCO026573 — Don Danford Permit Number d. Prevention of Significant Deterioration (PSD) Program e. Non Attainment Program f. National Emission Standards for Hazardous Pollutants (NESHAPS) reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under section 404 of CWA Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of the Stormwater Management Program Report for the five-year permit term. The Stormwater Management Program Report shall be assembled in the order and formatted in accordance with the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). TABLE OF CONTENTS 1. STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. TMDL Identification 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 5. CO -PERMITTING INFORMATION (IF APPLICABLE) 5.1. Co-Permittees 5.2. Legal Agreements 5.3. Responsible Parties 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1. Name of Entity 6.2. Measure Implemented 6.3. Contact Information 6.4. Legal Agreements Page 5 SWU-264-103102 NPDES RPE Stormwater Permit Application 7. STORMWATER MANAGEMENT PROGRAM 7.1. Public Education and Outreach on Storm Water Impacts 7.2. Public Involvement and Participation 7.3. Illicit Discharge Detection and Elimination 7.4. Construction Site Stormwater Runoff Control 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Page 6 SWU-264-103102 Storm Water Management Program Report Table of Contents 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served 1.2 Growth Rule 1.3 Jurisdictional & MS Forest Service Area 1.4 MS for Conveyance System 1.5 Land Use Composition Estimates 1.6 Estimate Methodology 1.7 TMDL Identification 2. RECEIVING STREAMS 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs 3.2 State Programs 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List 4.2 Organizational Chart 4.3 Signing Official 5. CO -PERMITTING INFORMATION 5.1 Co-Permittees 6. RELIANCE ON OTHER GOVERNMENT ENTITY 6.1 Name of Entity 6.2 Measure Implemented 6.3 Contact Information 6.4 Legal Agreements 7. STORMWATER MANAGEMENT PROGRAM 7.1 Public Education and Outreach on Storm Water Impacts 7.2 Public Involvement and Participation 7.3 Illicit Discharge detection and Elimination 7.4 Construction Site Storm Water Runoff Control 7.5 Post -Construction Storm Water Management in New Development and Redevelopment 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations 1.0 Storm Sewer System Information The City of Morganton is located in Burke County in the foothills region of North Carolina. Morganton is located within the Catawba River Basin. The Catawba River is used as a source of drinking water for the City and many jurisdictions downstream. 1.1 Population The population of the City of Morganton is 17,194 according to the 2008 Population estimates by the NC Office of Demographics. The City is unable to determine the exact populations of the Extra Territorial Jurisdiction (ETJ) because census tracts/bocks do not in any way correspond with the ETJ boundaries. City staff has worked with Burke County GIS personnel in an attempt to determine the population of the ETJ. Based on these estimates it appears that approximately 500 people per square mile live within the ETJ. The area of the Morganton ETJ is 19.51 square miles, which would yield a population of 9,755 people. This figure combined with the City population of 17,194 yields a total population of 26,949 for both the City of Morganton and the ETJ. 1.2 Growth Rate According to figures from the Bureau of Census, the 2000 population of the City of Morganton was 17,310. As previously stated, the 2008 NC estimates shows Morganton to have a population of 17,194. Based on these two figures, Morganton has experienced a negative growth rate of -0.7% between 2000 and 2008 for an annualized growth rate of -0.01 %. 1.3 Jurisdictional & MS Forest Service Area The City of Morganton encompasses an area of 18.85 square miles. The Extra territorial Jurisdictional (ETJ) area contains 19.51 square miles. 1.4 MS4 Conveyance System The City of Morganton maintains 87.42 miles of streets within our corporate boundaries. 46.52 miles of these streets are curb and guttered and 40.90 miles are not curb and guttered. The curb and guttered streets conveys storm water by the run-off following gutter lines to catch basins at which point the water is taken into piping systems which range from 15" to 48" in size. The water is then conveyed to open ditches or streams before it is discharged. The storm water conveyance system along non -curb and guttered streets consists of ditch lines, grassed and rip -rapped swells to the point at which the water passes under streets and through pipes which discharge into ditches or streams. Pipes range in size from 15" to 96". The City, as a general rule, assumes no responsibility for maintenance, inspection, or improvements on private property. Storm water maintenance and inspection activities outside the rights -of -way are the responsibility of private owners. I Maintenance activities within rights -of -way are normally performed on an as -needed basis by the Public Works Department. The majority of the storm drainage system maintenance is in response to calls from property owners. The remainder of the storm drainage system maintenance work is in response to needs detected by the Public Works Department. These typically include removal of trash and debris and flow impediments. Crews that perform this maintenance work also perform other duties. 1.5 Land Use Composition Estimates The City of Morganton has six residential type zones, which are combined below as residential. The City of Morganton has four commercial type zones, which are combined as commercial. The City has two industrial type zones, which are combined as industrial. Open space will be considered those parcels of land that are owned and controlled by the City of Morganton and used for recreational purposes. City and ETJ Residential 72% Commercial 14% Industrial 12% Open Space 2% 1.6 Estimate Methodology The city staff worked with the GIS staff with the Western Piedmont Council of Governments concerning all of the above percentages except open space. City staff determined open space acreage owned by the City of Morganton, which was slightly over 550 acres and that was converted to square miles and divided by the number of square miles within the City, which yielded a 2% open space. The County GIS staff was able to determine the area of each zoning within the City and within the ETJ. 1.7 TMDL Identification A review of the Draft 2008 303(d) list of streams with a total maximum daily load (TMDL) limits shows that there are no streams with the City of Morganton or the ETJ with that designation. 3 Receiving Streams Stream Segment Water Quality Classification Use Support Rating Water Quality Issues Catawba River/Lake Rhodhiss Catawba River 11-(32.3), 11-(32.7) & 11 - 34.5 WS IV -CA, WS IV & WS IV -CA NR Hunting Creek 11-36- $ & 11-36- 0.7 WS IV CA & WS IV Impaired Biological Criteria Exceeded Fiddlers Run 11-36-1-1 WS IV NR East Prong 11-36-1 WS IV NR Warrior Fork 11-35- 3.3 & 11-35- 3.7` WS III CA & WS IV CA NR Water Intake removed Wilson Creek 11-35-4 WS IV NR Canoe Creek 11-33- 2 WS 1V NR Little Silver Creek 11-34-7- 1 C & WS IV NR Silver Creek 11-24- 6.5 WS IV NR Bailey's Fork 11-34-8- 3 WS IV NR Pee Dee Branch (Hunting Creek Trib 1 11-36-2 WS IV NR Key: C Aquatic Life, Secondary Recreation -Fresh Water CA Critical Area NR Not Related —WS-III WS-IV Water Supply IV -Highly Developed 3.0 ExistinjZ Water Quality Program 3.1 Local Programs Approximately 95% of the land area of the City of Morganton is within a WS-4 Water Supply Watershed Area. The remaining 5% of land area is within the Phase 2 Storm Water Protection Area. A portion of the WS-4 land area lies within one half a mile of the full pond elevation of Lake Rhodhiss and another portion lies within one half mile of the raw water intake of the City of Morganton. Both of these areas along the Catawba River are considered and classified as Critical Areas (CA) by the NCDENR Water Quality Division. The City of Morganton adopted a Water Supply Watershed Protection Ordinance in 1995. This Ordinance implements the Watershed Protection program to the requirements of the NCDENR. The City adopted a Phase 2 Storm Water Ordinance in 2007. This Ordinance implements the Phase 2 Storm Water Protection Program to the requirements of NCDENR. The City of Morganton follows North Carolina rules for building permit issuance on any land disturbing activities greater than one acre. The City requires developers to obtain an 0 approved Sedimentation and Erosion Control Permit from the Land Quality Section of the NCDENR prior to building permit issuance The City of Morganton has a Land Development Plan that provides a guide for development and Land Use Regulation within the City of Morganton and its surrounding jurisdiction. The City of Morganton has purchased or received by donation land along the Catawba River, Fiddlers Run Creek, Warriors Fork Creek, and Hunting Creek to develop recreational greenways. To date, the City has preserved approximately five miles of Catawba River Front property within the corporate limits, approximately 1.5 miles of Warrior Fork Creek Front, and approximately 1.5 miles of Fiddlers Run Creek. This program is a two -fold program that not only provides walking and biking trails to the community, but it also to protects a significant portion of land along the river and its tributaries from development and preserves a natural buffer between development and the river. 3.2 State Programs The North Carolina Environmental Management Commission (EMC) has adopted permanent buffer rules for the Catawba River and the lakes along the run of the river from the headwaters of Lake James to the SC state line. These rules became permanent in August of 2004. The Sedimentation and Pollution Control Act is administered by the Land Quality Section of NCDENR which requires any developer disturbing more than one acre of land to provide a sedimentation and erosion control plan. 4.0 Permitting Information 4.1 Responsible Party The responsible party for each measurable goal will be assigned by the Director of Development & Design Services, Mr. Lee E Anderson Please contact him using the information listed below: Mr. Lee E. Anderson Director of Development & Design Services City of Morganton P.O. Box 3448 305 E Union St. Suite A 100 Morganton, NC 28680-3448 Please refer to Sections 7.1 through 7.6 for measurable goals and responsible parties. 4.2 Organizational Chart In lieu of an organizational chart, the following list shows the line of authority form the Mayor/Council to the Assistant City Engineer. Mayor/City Council City Manager Director of Development & Design Services City Engineer Assistant City Engineer 4.3 Signing Official The application and permit will be signed by the City Manager of the City of Morganton. The Charter at the City of Morganton states in: Chapter 2 section 4-12: "The city manager shall be the chief executive officer of the City Government He shall be responsible to the City Council for the proper and efficient administration of City Government. " Chapter 2 section 4-13: "The City Manager shall see that the laws of the state and the ordinances resolutions, rules and regulations of the City are faithfully executed and enforced. " 5.0 Co Permitting Information (if applicable) 5.1 Co-Permittees The City of Morganton has chosen not to enter into any agreements or contracts as a co- permittee to develop or implement any Phase II Storm Water Programs. 6.0 Reliance on Other Government Entity 6.1 Name of Entity The City will not develop, implement, or enforce a separate program for erosion and sedimentation Control since the NC DENR currently has rules and regulations in place to administer the NC Sedimentation and Pollution Control Act. The City will rely on the Land Quality section of NC DENR for enforcement of these rules subject to the one -acre land disturbance threshold. 0 6.2 Element to be Implemented Sedimentation and Erosion Control: The City will rely on the Land Quality of NCDENR to enforce the provisions of the NPDES Phase II Construction Site Runoff Controls minimum measure and the State General Construction Storm Water Permit within the limits of the City and the ETJ. 6.3 Contact Information Mr. Janet Boyer, P.E. NC DENR Land Quality Division 2090 U.S. Highway 70, Swannanoa, NC 28778 828.296.4500 Asheville, NC 28801(828) 251-6208 6.4 Legal Agreement A legal agreement is unnecessary since current state law and administrative rules give NCDENR the authority for Sedimentation and Erosion Control enforcement. VA 7.0 Storm water ManaLyement Program Introduction and Overview The development and implementation of the storm water management program will first focus on existing city maintenance, programs and ordinances. The continuation of these programs, along with the development of new programs where necessary, is deemed the most effective approach to storm water management. The six major components of the storm water management program are the six minimum control measures required by NPDES Phase IL Municipal industrial activities will be included by the submission of Notice of Intent (NOI) for individual coverage for each location under the appropriate Storm Water General Permits of the State of North Carolina. 7.1 Public Education & Outreach On Storm water Impacts 7.1.1 BMP's and Measurable Goals for Public Education and Outreach ITEM BMP Measurable Goals I Year I Responsible 111 2 1 3 1 4 1 5 1 Position/Party ile T.V. Broadcasts Utilize City production of "Your City" program to rming/educating the public on provide discussion and information on storm water m water manaqement management Information q Participate in Statewide Outreach Broadcast Statewide programs on local cable access Development & Design Droarams (i.e. "Down the Drain") X X X X X Services Director (Develop a printed poster to place in Keosks along Catawba River Greenway that contains educational Educational Posters material on storm water manaqement I:iE��ai9 lent & Design Director 7.1.2 The target audiences for the education program are the majority of the general public and the various businesses that operate within the limits of the City and the ETJ. Public awareness of the storm water program will be more effective using this strategy, because the general public includes for the most part the same individuals that operate and manage the various businesses. 7.1.3 The target pollutant sources are those normally associated with an increasingly urban area. Roads, parking lots, businesses, and residential development replaces the natural permeable landscape with more impermeable surfaces. Storm water runoff increases and reaches streams more quickly. The number one pollutant is sediment. Chemicals deposited by vehicles, agricultural nutrient runoff and industrial activity also pollute storm water in the Morganton area. 7.1.4 The outreach program is again based upon reaching the majority of the general public and the various businesses that operate within the limits of the City and ETJ. Newspaper columns and utility bill inserts will reach the majority of the general public and businesses. Information on the City's website will reach a smaller audience, such as those with internet access at home or at work. Internet access is also available at the public libraries in the area. Public presentations will reach targeted citizen and business groups in smaller numbers. Educational materials will reach small groups of school students and to a lesser extent parents. All together, the program will reach the majority of the general public and businesses in the time period of the permit term. The strategies used for the various contact groups will vary. The City of Morganton will attempt to satisfy the public education and outreach requirements of the Phase II program by: a) Participating in a statewide education and outreach program by mailing any brochures or educational information developed by the NCDENR once a year within the City's typical billing process for public water, sewer, cable television, or electrical utilities. Currently the City mails 6000 cable bills per month inside the corporate limits and 11,000 bills per month for water, sewer, and electric service within the ETJ and beyond. b) Providing storm water education through a local COMPAS cable television access channel such as the VHS tape of the storm water program developed by NC State University entitled "Down the Drain" as often as needed up to 4 times a year. The City would also broadcast any other generic storm water related educational material that has been developed by the EPA, NCDENR or other agencies. c) The City of Morganton will provide visual information and discussion related to Phase II storm -water issues once every two (2) years. These programs could discuss such things as: proper disposal of cooking grease for restaurants, proper disposal of oil and automotive fluids by individuals or auto repair shops, proper parking lot sweeping techniques aimed at reducing the amount of automotive pollutants flushed from parking areas by rainfall, proper erosion control techniques to reduce sediment loss resulting from construction activities, recycling activities for common household waste products, and the proper disposal of yard waste. WN 7.1.5 Morganton's first step in the decision process was to determine the main pollutants and sources associated with an expanding urban area so that a program could be designed to reach the majority of citizens. BMP's were considered based upon the likely success of reaching the most widespread audience of the general public. The rationale for this is discussed above in the details of the outreach program. Specific examples of targeted programs are also given above. The individual BMP's, measurable goals, and the responsible persons/positions are listed in the BMP summary table for this minimum measure. 7.2 Public Involvement & Participation Program 7.2.1 BMP's and Measurable Goals for Public Participation and Involvement ITEM BMP Measurable Goals Year Responsible 1 2 3 4 5 Position/Party Conduct- public, meetings as required iri conjunction w/ Development and Design , Conduct Public city N X X X X X Services Directoren 2 Utilize existing City Boards and Commissions as advisory Develop an Agenda item at least once per year that Development and Design mechanisms in Storm Water Issues focuses attention to Storm Water Management issues X X X X X Services Director Assist w,/ storm water,pariagemgnt outreach, programs ,that-prorrote public involvement such asAdopt-a= ,.' Developmeritand Design eve op outreach ro rams Streetantl Litter carr9 ai ns = X- X X X ° X� � Services Director 7.2.2 The target audience for the public participation and involvement program will be various organized groups in the community such as business groups, professional associations, trade associations, neighborhood associations, public service groups, and youth oriented groups. This strategy will reach various ethic and economic groups within the community. 7.2.3 The participation program to date involves various City Departments, involved citizens and public committees have participated in the current storm water program by way of the existing Water Supply Watershed Rules, Phase 2 Storm Water Rules, and Catawba River Basin Buffer regulations. The current storm water programs are outlined in the City Code. The most restrictive of the current state regulation will have to be reflected in the revision of the City Code. The general public has been involved through public hearings and the development of current regulations. Many of these public hearings involved citizens from across the state. The development of this NPDES Phase Il permit, application was done primarily by the City's 10 Development and Design Services Department. A local Hunting Creek Advisory Group meets on a monthly basis for the purpose of developing a Watershed management Plan for the entire Hunting Creek basin. A Water Supply Watershed Review Committee meets on an as needed basis to discuss stormwater quality issues and provide program oversight. Future public meetings will be held in conjunction with City Council meetings to involve the public in the decision -making process concerning storm water program activities. Citizen and stakeholder groups will be requested to provide more focused input. Outreach programs for targeted organized groups will help reach a cross section of ethnic and economic groups within the City. The strategies used for the various groups will vary. For example, litter clean up, activities could be performed by organized groups dedicated to public service such as Adopt -A -Street . Some public service oriented companies may allow their employees to participate in these activities as well. Volunteers from professional and business groups could be utilized as speakers to other such groups in the community, such as the Agriculture Extension office. 7.2.4.The first step in our decision process was to determine how to involve not only the general public, but also the by various organized groups in the community. The various ethnic and economic groups also need to be reached in the process. When considering the various types of groups and organizations, trade associations, neighborhood associations, public service groups, and youth oriented groups. The rationale for this is discussed above in the participation program section. Specific examples of targeted programs that can be developed are also given above. The individual BMP's, measurable goals, and the responsible persons/positions are listed in the BMP summary table for this minimum measure. 7.2.5. Assigned specific persons/positions the responsibility and intermediate milestone dates will allow the tracking of progress against the overall BMP summary table timeline. Annual reports will contain the progress details and track it against the BMP summary timeline. The evaluation process for the measurable goals for this minimum measure therefore becomes a matter of determining if the necessary activities have been accomplished, based on the BMP summary table. 11 73 Illicit Discharge Detection and Elimination 7.3.1. BMP's and Measurable Goals for Illicit Dicharge Detection and Elimination 7.3.2. A map of the MS4 within the City and ETJ has been developed and incorporated into a City's County Geographic Information System (GIS). The GIS is a joint effort between the City of Morganton and the Western Piedmont Council of Governments. When the MS4 field survey information input was developed, the GIS data was collected showing any targeted outfalls, and the drainage basins that contributes to it, the MS4, and the types of residential, commercial, and industrial areas that might contribute any particular type of pollution to the outfall. The parcel boundaries, owner's name, most recent aerial photos, topographic features, and other information can also be immediately available as needed. Therefore, any particular type of working map that is needed for future field investigations will be generated using the GIS. The information in the GIS can be updated as necessary when new development or redevelopment occurs. Supplemental information such as the locations of detention ponds and other BMP's can also be tracked using the GIS. Other map sources such the Natural Resources conservation Service soil survey maps or the United States Geologic Survey quadrangle topographic maps may be used to delineate features such as perennial and intermittent surface waters. The names and locations of all receiving waters can also be verified using these maps. 7.3.3. The regulatory mechanism used will be the City's Code of Ordinances. A review of the local ordinances have been conducted to assure compliance with NCDENR standards. Any proposed modifications to prohibit illicit discharges into the MS4 will be drafted for review and approved by the Morganton City Council. Key components of the City's ordinance maintains the right to inspect for illicit discharges on private property, and the requirement for the elimination at the source of any illicit discharges that 12 are discovered. The ordinances and the field inspection program was developed within the first permit term period. Morganton's field inspection program takes place in conjunction with continued field surveys modifying existing mapping of the MS4. 7.3.4.The enforcement of illicit discharges are the responsibility of the City's Code Enforcement, Project Management, and Legal staff and other government entities also having responsibility for enforcement. Morganton's ordinance prohibits illicit discharges into the MS4. The ordinance establishes the right to inspect for illicit discharges on private property. The requirement for the elimination of illicit discharges at the source is also be established by the ordinance. The program for the detection and elimination of illicit discharges into the MS4 is addressed below. The enforcement procedures to ensure compliance with the ordinance will is also addressed below in the detection and elimination section. 7.3.5.Morganton's plan for detection and elimination of illicit discharges has three components starting with the initial mapping operation. Field inspections will were coordinated with the mapping operation and source identification and elimination constitutes the third phase of the plan. A field inspection program uses dry weather flow as the first indicator of a possible illicit discharge. Visual observations and initial field-testing for certain chemicals can be used to make the initial determination of whether the dry weather flow is in fact an illicit discharge. Further testing in a laboratory and the subsequent analysis can provide the confirmation of the initial field results, or determine that the dry weather flow is not an illicit discharge. After the source of the illicit discharge has been determined, several steps can be taken to ensure the enforcement of the ordinance and the elimination of the illicit discharge at the source. Steps, depending upon the nature of the source, can include: 1) Sending a letter to the property owner/business operator with a request for the owner/operator to investigate the source of the illicit discharge. 2) Conducting a site visit and interview to encourage the owner/operator to take voluntary corrective measures. 3) Performing additional tests if necessary to confirm the source of the illicit discharge. 4) Issuing a letter of noncompliance if the owner/operator does not take corrective action. 5) Sending a copy of the letter and information to the NCDENR requesting assistance. 6) Performing additional inspections as necessary to determine if corrective actions are taken. 7) Taking additional legal measures as necessary to see that corrective actions are taken. 13 The responsibility for the enforcement may be the NCDENR if, for example, the source is traced to an industrial facility that has an individual NPDES storm water discharge permit. An evaluation of land uses within the City and ETJ will be made to determine the initial areas where the MS4 is mapped and the initial field investigations for dry weather flows will take place. Land use information can be readily evaluated to determine the types of commercial, industrial, and residential areas that might contribute more pollution into the MS4. For example, older residential areas might have older sanitary sewer lines or septic tanks that could contribute pollutants. Older industrial areas might have illicit floor drain connections to the MS4. Other industrial areas might have on -site treatment systems with illicit connections. Areas where vehicle maintenance activities are concentrated can also be targeted as potential pollution sources. The evaluations could also use the locations of sanitary sewer pretreatment programs as criteria. An inspection procedure was developed andprovided to field personnel during the initial mapping program. The inspection program provided initial investigation noting dry weather flow discovery in the MS4. When dry weather flows were discovered, the field crew noted this information within the GIS Data so that they can be investigated by enforcement personnel. A training procedure will be developed for field personnel to investigate and determine the sources of dry weather flows to determine if they are actually illicit discharges to the MS4. The crew that investigates the dry weather flow will follow simple steps to trace and isolate the source of the dry weather flow. They will make visual observations about the characteristics of the flow so that descriptive data such as color, odor, oil sheen, turbidity, or other such information that could help identify the source. If so equipped, they will perform initial field tests to attempt to determine if trace amounts of certain chemicals are present. They will also take samples if necessary for laboratory analysis. Based upon the particular location, they can evaluate the types of facilities located in the proximity to try to identify potential sources of illicit discharges or improper disposal. All of the information will be recorded forms that are developed as a part of the investigation procedure. 7.3.6. The following non -storm water discharges have not been identified as significant contributors of pollutants to the MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains,, lawn watering, individual residential car washing, flows 14 from riparian habitats and wetlands, declorinated swimming pool discharges, and street wash water. 7.3.7. The outreach program is based upon reaching a majority of the general public and businesses that operate within the City and the ETJ. The public education and outreach program, the public involvement and participation program, and the pollution prevention and good housekeeping program will all be part of a coordinated effort. Informing the general public, various businesses, and municipal employees of the importance of the hazards associated with illicit discharges and improper disposal of waste will be an education and public involvement minimum measures has been supplemented by employee training and other aspects of the good housekeeping minimum measures. 7.3.8. The first step in the decision process was to determine the main pollutants and sources associated with an expanding urban area. Next, the development of the mapping program was considered along with how to coordinate the field investigation of the MS4 in conjunction with the mapping program. The most critical areas are the ones most likely to have illicit connections and illicit discharges. Therefore, they will be mapped and investigated first. The development of an outreach program to reach the majority of the general public ad various businesses was considered next. BMP's were considered based upon the likely success of reaching he most widespread audience of the general public and various businesses. The rationale for this is discussed above. The individual BMP's, measurable goals, and the responsible persons/positions are listed in the BMP summary table for this minimum measure. 7.3.9. Assigning specific persons/positions the responsibility and intermediate milestone dates will allow the tracking of progress against the overall BMP summary table timeline. Annual reports will continue the progress details and track it against the BMP summary timeline. The evaluation process for the measurable goals for this minimum measurable goals for this minimum measure thus becomes a matter of determining if the necessary activities have been accomplished, based on the BMP summary table. The minimum criterion was identification of storm water point source discharge locations from both public & private pipes within 5 years of the initially approved permit. 15 7.4 Construction Site Stormwater Runoff Control 7.4.1. BMP's and Measurable Goals for Construction Site Runoff Controls ITEM I BMP I Measurable Goals Year Responsible 111 2 1 3 1 4 1 5 1 Position/Party 2 The City will require that a copy of the approval letter from NCDENR, Land Quality Division be submitted before a building permit will be issued for any new Storm Water Management Plan development project that distrubs more than one acre X X X X X 7.4.2. The City will utilize the regulatory mechanism of the NCDENR Land Quality Section's Erosion and Sediment Control Program and the Division of Water Quality's General Storm Water Permit. The City will not develop, implement, and enforce a separate program for construction site runoff control within the limits of the City and the ETJ. The City will only provide an oversight mechanism with local ordinances. The City will require that a copy of the approval letter from the Land Quality Section be submitted before building or grading permits will be issued if construction activities will resultina land disturbance of an acre or more. 7.5 Post Construction Storm Water Management in New Development and Redevelopment 7.5.1 BMP's and Measurable Goals for Post Construction Runoff Controls ITEM BMP Measurable Goals IYear Responsible 1 1 2 1 3 14 5 Position/Party The City will require storm water concept or design 2 plans for all for all development that changes the characteristics of storm water runoff from the Storm Water Concept and Design development site in accordance with Phase II storm Plans water regulations X X X X X City Engineer The City will require recorded operation and maintenance agreements with posting of financial 4 assurance for the purpose of maintenance, repair, Operation and Maintenance reconstruction necessary for the proper performance Development and Design Program of the storm water structure(s), X X X X X Services Director 7.5.2 The City's current storm water program is outlined in the City Code.. AN update will be required to bring the code into compliance with the NPDES Phase II regulations. The current code was written to comply with the existing, Water Supply Watershed Rules. These regulations will have to be reviewed to determine which provisions are more restrictive, so that the revised code follows the more restrictive regulations. 7.5.3. The current City Code contains several provisions for non-structural BMP's. The preservation of open space and natural features is encouraged throughout the code. Intensity, dimensional, and design standards contain provisions to encourage landscaping and tree plantings. The application of these provisions ranges from residential developments to buffers, screening and interior parking lot landscaping. There are also provisions to set aside areas for recreation and open space. Conditional Use and Overlay districts are also used to comply with the watershed and Flood Damage Prevention Rules. All of these provisions combined have the effect of reducing impervious surface area. The updated code can be used to address additional measures to reduce the percentage of impervious area after development and thus reduce the impacts of polluted storm water runoff. 7.5.4. Structural BMP's are currently required in the City's Water Supply Watershed Protection Ordinance and the Phase 2 Storm Water Ordinance. The Water Supply Watershed Protection Ordinance was created to carry out the requirements of Article 21 of Chapter 143 of the General Statutes of North Carolina to limit pollution exposure to the Catawba River from surface water runoff, since it is used as a municipal water supply source. All storm water controls and structures shall meet the requirements for treatment options approved by the NCDENR Division of Water Quality. Combinations of controls or alternative controls are allowed if they meet the design criteria. The Storm Water Best Management Practices manual published b the NCDENR is used as a guideline. The City Code will have to be updated to require that all new or redevelopment projects meet or exceed the criteria specified by the NPDES Phase II Ordinance regulations including the use of engineered storm water controls. Again, the more restrictive provisions of the various regulations from NCDENR will have to be reflected in the updated code. 7.5.5. The regulatory mechanism used are the City's Code of Ordinances. The City's Planning and Regulation of Development Ordinance specifically applies to all development, public and private, within the City and ETJ. A review of the Zoning Ordinance and other local ordinances has been conducted and proposed modifications to control post -construction storm water runoff, in accordance with NPDES Phase II regulations has been approved. 17 7.5.6. The long-term operation and maintenance of the storm water control structure BMP's is assured by operation and maintenance agreements recorded with the Burke County Register of Deeds. The financial security of the agreement is assured by the posting of adequate financial instruments for the purpose of the maintenance, repairs or reconstruction necessary for adequate performance of the storm water control structures. -- An operation and maintenance agreement plan is provided that is consistent with the recorded operation and maintenance agreement. Annual inspections of the storm water control structure are conducted by a qualified professional, and are begun within one year of he filing date of the deed for the storm water control structure. A copy of the annual inspection report will be furnished to the City's Development and Design Services Department, in a format approved for that purpose, within thirty days of the date of the inspection. If necessary, corrective actions will be completed within sixty days of the date of the inspection, by the owner. The City has developed an oversight program for on -site wastewater treatment systems. This program is coordinated with the Burke County Health Department. 7.5.7 The City's current storm water program is outlined in the City's Planning and Regulations of Development Ordinance, which was written to comply with the existing NCDENR Water Supply Watershed Rules. These regulations were reviewed and determined to be in compliance with the NPDES Phase II regulations. Areas outside the City's Water Supply Watershed Protection boundaries were placed under the new Phase 2 Storm Water Protection Rules. The individual BMP's, measurable goals, and the responsible persons/positions are listed in the BMP summary table for this minimum measure. 7.5.8. Assigning specific persons/positions the responsibility and intermediate milestone dates will allow the tracking of progress against the overall BMP summary table timeline. Annual reports will contain the progress details ad track it against the BMP summary timeline. The evaluation process for the measurable goals for this minimum measure thus becomes a matter of determining if the necessary activities have been accomplished, based on the BMP summary table. 18 7.6 Pollution Prevention/Good Housekeeping for Municipal Operations 7.6.1. BMP's and Measurable Goals for Pollution Prevention and Good Housekeeping 7.6.2. The municipal operations that are impacted by the operations and maintenance program will be the public works, public utilities, and recreation departments. The only industrial facility presently subject to a general industrial permit is the City of Morganton Pollution Control Facility 7.6.3. Training programs will be developed for municipal employees that work in such activities as buildings and grounds maintenance, vehicle maintenance, leaf composting, street repair and construction, sanitation, recycling, landscaping, and public utilities. Training programs currently exist for Hazard Communication (OSHA), chemical Hygiene (OSHA), Process Safety Management (OSHA), Risk Management (USEPA), and Pesticides (USEPA/USDA). The municipal employees training can utilize some of the materials that are developed for the outreach programs for public education, public involvement, and illicit discharges. Municipal 19 employees perform many of the same basic functions that involve facility operations and maintenance in private industry. They are also a good source for feed back for developing the programs that are intended for the general public and industry. 7.6.4. Maintenance and inspection activities are only performed within the rights -of -way of the city. The City easements and rights -of -way are only part of the storm water conveyance system within the limits of the City. The City, as a general rule, assumes no responsibility for maintenance, inspection, or improvements on private property. Storm water maintenance and inspection activities outside the rights -of -way are the responsibility of private property owners. Maintenance activities within rights -of -way are normally performed on an as -needed basis by the Public Works Department. The majority of the storm drainage system maintenance is in response to calls from property owners. The remainder of the storm drainage system maintenance work is in response to maintenance needs detected by the Public Works Department. These typically include removal of trash and debris and flow impediments. Street sweeping and mowing are performed based upon a schedule. The proposed maintenance program will be developed using the same basis activities that currently take place. The inspection of the storm water drainage system within the limits of the City and ETJ will take place in conjunction with the mapping operation. All storm water drainage system structures will be inspected and the condition can be documented as a part of that operation. Maintenance work orders can also be generated as a result of that operation. A long-term systematic maintenance program will he out in place as a result of the conditions noted during the inspections. Additional measures will be evaluated as the program is developed. 7.6.5 Vehicular operations contribute pollutants that are commonly removed from municipal parking lots and streets by sweeping operations. Vehicle maintenance activities typically take place indoors. The majority of municipal vehicles and equipment parked overnight at the city garage have covered parking/storage areas. Since this is the same complex where vehicles maintenance operations take place, the covered storage and maintenance areas reduce the pollutants discharged into the storm drainage systems. Vehicle fluids are normally removed form paved areas using compounds that absorb the fluids. Additions to the current program could include diversion berms or covers for storm drainage structures that are near fueling and transfer stations. Salt used for deicing activities is currently stored in an enclosed area. Additional measures will be evaluated to reduce the discharge of pollutants from these areas. 7.6..6. Current waste disposal practices do not consider waste removed from the storm drainage system as hazardous material. This material typically 20 includes sediment, floatables, broken limbs form bushes/trees, and miscellaneous debris. This material can be disposed of normally or taken to the landfill as necessary. 7.6.7. Flood management projects are non -typical for this area. Regional detention facilities to control flooding have not been necessary. Currently, storm water management concentrates in the controlled release of storm water discharges from new development. The Storm Water Best Management Practices manual published by the NCDENR is also used as a guideline for the quality of storm water discharges. 7.6.8. The review of existing ordinances, in conjunction with the other minimum measures, has determined that all of the necessary ordinance modifications for compliance with Phase II have been identified. 7.6.9. Other evaluations conducted in conjunction with minimum measures indicate compliance with Phase II regulations.. 7.6.10. The first step in the decision process was to determine the main pollutants and sources associated with municipal operations. Since the municipal operations are located at various facilities, the facilities were reviewed to determine where the most likely sources of possible pollutants exist. Since paved areas are subject to vehicle pollutants, a program to reduce pollutants from municipal parking areas and vehicle storage will be priority. Vehicle maintenance and fueling areas are also areas that need attention because of the possibility of fluid spills. Bulk material storage outdoors can also be a source of pollutants. Moving bulk storage indoors as much as practical will reduce the possibility of pollutants. The use of various chemicals pesticides, herbicides, and fertilizers can result in polluted storm water runoff. A program to evaluate and possibly reduce their usage will reduce pollutants. 7.6.11. Assigning specific persons/positions the responsibility and intermediate milestone dates will allow the tracking of progress against the overall BMP summary table timeline. Annual reports will contain the progress details and track it against the BMP summary timeline. The evaluation process for the measurable goals for this minimum measure thus becomes a matter of determining if the necessary activities have been accomplished, based on the BMP summary table. 21 MS4 Permit Audit Report Morganton, NC: NPDES Permit No. NCS000498 Attachment 6 SCM Bond Example PERFORMANCE BOND Bond No. 106265291 KNOW ALL MEN BY THESE PRESENTS, That we WIMCO Corp- of 2533 West 5th St.,Washington, NC 27889 p� �� al (hereinafter called Principal), and Travelers Casualty and Surety Company of AmericaP laws of the State of Connecticut corooration organized and existing under the y) with its Home Office In theone Tower Square, Hartford, CT 06183 as Suret hereinafter called Tlwo Hundred Surety), Fiftyrand 001100 — firmly bound Unto of City of Morganton as Obligee, in the full and Just sum of w (hereinafter six Thousand Dollars $26,250.00 lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS the Principal has entered, or is about to enter, into a written Agreement with the Obligee for Completion of the Retention Pond, Dollar General Store #7159, 545 E. Fleming Drive, Morganton, NC 28655 made- . as is more specifically set forth In said Agreement, to which reference Is hereby NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Pr?ncipal shall well and truly perform and carry out the covenants, terms, and conditions of said Agreement, then this obligation to be void; otherwise to rema;n in full force and effect. Sealed with our seals and dated this 28th day of April, 2015 Witness S-1935.8 (08-99) WIMC C Travelers s Sur 2mpany of America H. omas Dawkins, Attorney -in -Fact On this 28th day of April_ 2015_ before me personally appeared �I"' -Thomas Dawkins , known to me to be the Attorney -in -fact of Travelers Casualty and Surety Company of America , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WBEEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. IDA (seat) nnifer Pete n (Notary my Cmnbslat Win swedmir 27, 20ift x— WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS,'; Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian insurance Company Attorney -In Fact No. 227850 Certificate No. 005862104 KNOW ALL MEN BY THESE PRESENTS- That Farmington Casualty Company, St- Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc , is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint H. Thomas Dawkins, and Jenny Peterson of the City of Charlotte _ _ _ - , State of.. - _ .. North Carolina _ _ . , then, true and lawful Attomey(s)•in-Fact, each to their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogmzances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contlarts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this I Oth day of April 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �pneu„��+ rt �Fike�� O`►M r�+Yg49 o��w�a4 �`rr µ�� 4�y'°�r �j�Yµb r�' �wc <4 . AVtt ty • //� �i� � �i• • � �1QI State of Connecticut City of Hanford ss. By: Robert L. Raney, Venior Vice President On this the I Oth day of April 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authonzed so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer aT�r In Witness Whereof, I hereunto set my hand and official seal. ' R My Commission expires the 30th day of June, 2016. * 10lIBL�p 58440•8.12 Printed in U.S-A. "- ""-Mane C Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or nwre officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the gals of said Companies this day of 20 L—L f ri✓' Kevin E. Hughes, Assistant Sec tary :��sa�' eµ a �*Y rMr� craw J r•� WMNr� �'Mb To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.tmvelersbond.com. Please refer to the Attomey-In-Fact number, the above named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER