NCS000446_2017 Audit Report_20171229

K`1
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
December 29, 2017
Mike Deaton, PE
Stormwater & Utility Engineering Manager
Town of Apex
105-B Upchurch Street
Apex, NC 27502
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Subject: MS4 Compliance Evaluation
Permit No. NCS000446
Dear Mr. Deaton:
TOBY VINSON
Interim Director
The North Carolina Department of Environment Quality (NCDEQ), Division of Energy, Mineral
and Land Resources (DEMLR), conducted a Municipal Separate Storm Sewer System (MS4) Compliance
Evaluation of the Town of Apex on December 13, 2017. The compliance evaluation is conducted to
evaluate the Town's compliance with the requirements of Section 402(p) of the Clean Water Act (CWA),
33 U.S.C. § 1342(p), the regulations promulgated there under at 40 Code of Federal Regulations Part
122.26, and the subject North Carolina National Pollutant Discharge Elimination System (NPDES) Permit.
I appreciate the staff willingness to work with DEQ during the compliance evaluation.
This evaluation was performed as part of a detailed audit of the local delegated Erosion & Sediment
Control Program implemented by the Town. Overall the staff should be commended on the initiatives
they've taken to managing construction stormwater runoff under the conditions of the Town's permit.
Attached is the final inspection report. Based on the documents and program area reviewed, there
were no MS4 permit violations, areas of non-compliance, or discrepancies observed.
If you have any questions concerning this matter please feel free to contact me at [phone] or
[e-mail].
Sincerely,
Robert D. Patterson, PE
Environmental Engineer
Stormwater Program
ec: NCS000446 File
Jeevan Neupane, DEMLR Central Office
Joe Dupree, DEMLR Raleigh Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699
919 707 9200 T

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MS4 COMPLIANCE INSPECTION/AUDIT CONSTRUCTION SITE RUNOFF CONTROLS
PURPOSE OF THIS PART OF THE AUDIT
Routine MS4 program compliance evaluation of the Construction Site Runoff Controls minimum measure in
accordance with your NPDES MS4 Phase I or II permit.
GENERAL INFORMATION
Permit No: NCS 000446 Permittee: Town of apex
Audit Date: 12/13/2017
DEMLR Staff Present: ❑✓ Jeevan Neupane ❑Julie Coco ❑✓ Robert Patterson ❑✓ other: Joe Dupree
Municipal Staff Present: James Misciagno, Stan Fortier, Mike Deaton, Anthony Scott
[e-mail]
PROGRAMS & DOCUMENTS REVIEWED
❑✓ Construction Site Runoff Control (E&SC) Program
❑ Interagency agreements or stormwater partnerships
❑ Legal authorities/ordinances
❑ Contract Operations
❑✓ Stormwater Staff Org. Chart & Budget
❑ Other:
Delegated Erosion & Sediment Control Program Questions
1. Permittee is currently delegated authority by the NC Sedimentation Control Commission to
implement the Sedimentation Pollution Control Act by permitting and controlling development
activities disturbing one or more acres of land surface and those activities less than one acre
that are part of a larger common plan of development? AYES ® NO
Add. Info: 20,000sf disturbance threshold for E&SC permit; <20,000sf still gets a review but no permit
2. Permittee actively implements the delegated E&SC? AYES ® NO
Add. Info:
3. Permittee provides projects, that disturb 1 acre or more, the NCG010000 CGP that are issued an
E&SC approval? E)YES ® NO
Add. Info: provide permit, inspection forms, etc. with all permits issued (+ town's good housekeeping info)
4. Permittee provides & promotes a means for the public to notify the permittee or observed E&SC
problems? AYES ® NO
The means provided & promoted includes: (check all that apply)
❑NCDEQ "Stop Mud" hotline
❑✓ Permittee's own hotline/helpline
❑✓ Permittee's website (complain submittal form, phone number, etc.)
Add. Info: performs public outreach for E&SC program (schools, volunteer groups, etc.)
5. Other information:
goal: full inspection & report of each active site once per month + more often as needed
(some weekly)
CONSTRUCTION SITES VISITED
*See associated delegated E&SC program audit report
Page 1 of 2

MS4 COMPLIANCE INSPECTION/AUDIT — CONSTRUCTION SITE RUNOFF CONTROLS
DOCUMENTS & RECORDS TO BE PROVIDED TO DEMLR - STORMWATER PROGRAM
(These must be provided electronically as PDFs and/or web links if available online, during or within 30
days after this audit) Submit to: [e-mail]
❑ Interagency agreements, MOU, partnerships and/or contracts
❑ Current Stormwater Management Plan
❑ Current Organizational Chart
❑ List of Stormwater Staff Contact Information
❑ Stormwater Budget
❑ Erosion & Sediment Control Ordinance
❑ Map of MS4 Jurisdiction (watersheds, streams, construction project locations, etc.)
CLOSING COMMENTS
The NCDEQ— Stormwater Program will review this audit information, and will provide the permittee
with a draft and/or final MS4 Audit Report that may include the following compliance items:
• Notice of Violation. Any permit noncompliance constitutes a violation of the Clean Water Act
and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of permit coverage upon renewal application.
• Notice of non-compliance: A finding that could result in a Notice of Violation, a fine or other
enforcement action if corrective action is not taken.
• Discrepancies: A finding that would not likely cause a Notice of Violation, a fine, or other
enforcement action. Discrepancies are normally a result of poor management practices,
failure to follow installation Standard Operating Procedures, minor differences of
interpretation or administration oversights. Discrepancies can also be findings where
compliance could not be determined
• Identify any repeat deficiencies
• Recommendations represent practices that should be considered to improve the overall
effectiveness to improve stormwater management
Background Information: Compliance with a delegated Sediment and Erosion Control Program effectively meets the
maximum extent practicable (MEP) standard for Construction Site Runoff Controls by permitting and controlling
development activities disturbing one or more acres of land surface and those activities less than one acre that are part
of a larger common plan of development as authorized under the Sediment Pollution Control Act of 1973 and Chapter 4
of Title 15A of the North Carolina Administrative Code. Pursuant to 40 CFR 122.35(b) the permittee may rely on the N.C.
Division of Energy, Mineral, and Land Resources Sediment and Erosion Control Program (or a delegated Sediment and
Erosion Control Program) to comply with this minimum measure. The N.C. Division of Energy, Mineral, and Land
Resources Sediment and Erosion Control Program effectively meets the MEP standard for Construction Site Runoff
Controls by permitting and controlling development activities disturbing one or more acres of land surface and those
activities less than one acre that are part of a larger common plan of development as authorized under the Sediment
Pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. The N.C. Division of
Energy, Mineral, and Land Resources Sediment and Erosion Control Program continues to be monitored by the EPA to
ensure the State effectively meets the MEP standard established by the Sediment Pollution Control Act of 1973 and
Chapter 4 of Title 15A of the North Carolina Administrative Code.
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Page 2 of 2

SEDIMENTATION AND EROSION CONTROL
LOCAL PROGRAM REVIEW
Date 12-13-2017
GENERAL
Local Government:
Town of Apex
County:
Wake
Contact Person:
Stan Fortier
Address:
105-B Upchurch Street, Apex, NC 27502
Phone Number:
919-249-1166
Fax Number:
919-387-7055
Email Address:
[e-mail]
Date of Review: 12-13-2017
Land Quality Staff Present: Jeevan Neupane; Joe Dupree; Robert Patterson
Local Program Staff Present: Stan Fortier; Mike Deaton; James Misciagno;
exp -Seems--
Number of Staff: 4 Full Time Equivalents: 2.75
Number of Current Projects (> 1 acre): 97
Number of active projects (< 1 acre): 5
Number of Inspections per Year: 902
PLAN REVIEWS
Number of Plan Approvals:
48
Number of Plan Disapprovals:
67
Total Number of Plan Reviews:
115
Maximum length of plan review time (days):
21
Person(s) reviewing plans and qualifications:
Stan Fortier, PE, CPESC
ENFORCEMENT
Notices of Violation issued in past year:
16
Civil Penalties assessed in past year:
3
Stop Work Orders issued in past year:
1
Have Civil Penalty Assessment Guidelines been adopted?
Yes
Is Local Ordinance Current and as stringent as SPCA?
Yes

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
Mr. Stan Fortier
Town of Apex
105-B Upchurch Street
Apex, NC 27502
January 2, 2018
Subject: Sedimentation and Erosion Control Local Program Review
Dear Mr. Fortier:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On December 13, 2017 personnel from NCDEQ, Land Quality Section, conducted a review of the
Town of Apex's Sedimentation and Erosion Control Program. Four staff members contribute 2.75
full-time equivalents to the program. The Town requires sediment and erosion control plans for
the sites that have a disturbed area of 20,000 square feet or more. The Town requires a soil erosion
and sediment control installation and maintenance agreement to be signed by the land disturbing
party for the sites that are less than 20,000 square feet. Per your totals, you had conducted 115 plan
reviews, 48 of which have been approved with 67 being disapproved in the last 12 months. The
Town currently has 107 active projects. The Town conducted 902 inspections during this time
frame. In this same time frame, 16 Notices of Violations, 3 Civil Penalties and 1 Stop Work Order
have been issued. During our review of the program, we inspected four sites and reviewed four
plans that had already been approved. All the sites we inspected received 1.75 inches of
precipitation over the last 48 hours.
The following is a summary of the projects that were inspected:
1. Crestmont Phase 4 and 5
This project consisted of 17.6 acres, and was being constructed for a residential
development. The file for this project included a FRO, NOV, plan, approval letter,
calculations and inspections. The disturbed acres information was not provided in FRO.
The erosion and sediment control plan was approved on July 14, 2016. A NOV was issued
on April 26, 2017 which was lifted on June 27, 2017. The site was active during the visit.
The site was inspected 9 different times. The site was last inspected on November 13, 2017
and was in compliance. During our inspection, the site was also in compliance. Permanent
and temporary ground cover were adequately provided. All slopes and bare areas were
stabilized. Sediment control measures were installed and maintained.
2. ALDI, Apex
This project consisted of 3.7 acres, and was being constructed for a commercial
development. The file for this project included a FRO, plan, calculation and approval letter.
The erosion and sediment control plan was approved on November 8, 2017. The approved
Nothing Compares--.-,
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury Street 1 1612 Mail Service Center 1 Raleigh, North Carolina 2V699-1612
919 707 9200

Town of Apex
January 2, 2018
plan for this site was found to be adequate. No formal inspections were conducted for this
site. The site was active during the visit. During our inspection, the site was in compliance.
Permanent and temporary ground cover were adequately provided. All slopes and bare
areas were stabilized. Sediment control measures were installed and maintained.
3. Haley Farm
This project consisted of 4.3 acres, and was being constructed for a residential
development. The file for this project included a FRO, plan, approval letter, calculations
and inspections. The erosion and sediment control plan was approved on July 12, 2017.
Silt fence around stockpile was not shown on the plan. Dewatering time for the skimmer
was not provided. Tacking rate mentioned was 300 gallons per acre. As per the standard,
the tacking rate should be 400 gallons per acre. Devices to direct run-off into the basin
were not provided on the plan. The silt fence depth shown on the plan was 6 inches down
along the trench. It needs to be at least 8 inches down. The site was inspected once on
October 28, 2017 and was in compliance. The site was active during the visit. During our
inspection, the site was also in compliance. A few recommendations were made in the
field: 1) Provide adequate ground cover on all bare and inactive areas upon completion. 2)
Repair and maintain rill erosion on the slope. 3) Install berms to direct run-off and sediment
into the basin.
4. Greenmoor Phase 2
This project consisted of 83 acres, and was being constructed for a residential development.
The file for this project included a FRO, plan, approval letter, calculations and inspections.
The erosion and sediment control plan was approved on October 31, 2016. Silt fence
around stockpile was not shown on the plan. Tacking rate mentioned on the plan was
insufficient. Tacking rate mentioned was 300 gallons per acre. As per the standard, the
tacking rate should be 400 gallons per acre. Devices to direct run-off into the basin were
not provided on the plan. The silt fence depth shown on the plan was 6 inches down along
the trench. The site was active during the visit. Concrete washout detail and silt bag detail
were not provided. The site was inspected once on October 28, 2017 and was in
compliance. During our inspection, the site was not in compliance. Violations included
failure to follow approved plan, failure to take all reasonable measures and failure to
maintain measures. Some issues we noticed during our inspections are: 1) Baffles were
removed from Skimmer Basin #2. 2) Skimmer Basin #3C was removed with the Town's
permission to install sewer line, but the site was not graded to divert the runoff into other
basins. 3) Some inlet protections were not maintained. 4) Skimmers in Basins #5 and #8
were not installed properly, and they needed maintenance. A few recommendations were
made in the field: 1) Install baffles in Skimmer Basin #2. 2) Repair and maintain inlet
protection. 3) Provide adequate ground cover on all bare and inactive areas upon
completion. 4) Provide conveyance to direct run-off into other skimmer basins. Ensure that
the skimmer basin is adequately sized for the new drainage area. 6) Install skimmers Basins
#5 and #8 as per the approved plan and maintain them.
N

Town of Apex
January 2, 2018
Conclusion:
The Town of Apex should implement the following recommendations to improve the program:
1. Continue requiring that adequate ground cover be provided within the time limits of the local
ordinance and approved plan.
2. Continue to check for self -inspection records on site.
3. Conduct a formal inspection at least once a month and more if needed.
4. Ensure that the designated concrete washout location is provided onsite if any concrete works are
proposed.
5. Require the location and details for the silt bag on the plan.
6. Update the Town's standard detail for silt fence as per the State's Design Manual.
7. Recommend tacking rate as 400 gallons per acre.
8. Plan reviews for the town should focus more on water conveyance. Slope drains should be
required for slopes over 10 feet in height to ensure that stormwater is being conveyed in a non-
erosive manner down slopes.
This report has been prepared based on the review of the Town of Apex's Sedimentation and
Erosion Control Program. This report will be presented to the Sedimentation Control Commission
(SCC) in February 2018. Thank you again for the efforts of you and your staff to protect the State's
waters from sedimentation.
Staff will be recommending continued delegation of the program.
Sincerely,
Jeevan Neupane, PE
Assistant State Sedimentation Specialist
Enclosure: Photos
cc: William E. Toby Vinson, Jr., PE, CPESC, CPM, Chief of Program Operations (via email)
Julie Coco, PE, CPESC, State Sediment Specialist (via email)
William H. Denton, IV, PE, Raleigh, Regional Engineer (via email)
Joe Dupree, Raleigh Senior Environmental Specialist (via email)
Robert Patterson, PE, Environmental Engineer, DEMLR Stormwater Program (via email

Town of Apex
January 2, 2018
Photo 1 — Ground Cover (Crestmont Phase 4 and 5).
Photo 2 — Ground Cover (Crestmont Phase 4 and 5).

Town of Apex
January 2, 2018
Photo 4 — Skimmer Basin. (ALDI). Well stabilized skimmer basin. Provide a stone or wooden pad for the
skimmer.

Town of Apex
January 2, 2018
Photo 5 — Construction entrance (ALDI, Apex).
0

Town of Apex
January 2, 2018
Photo 7 — Concrete Washout Area (Greenmore Phase 2).
Photo 8 — Sediment Basin (Greenmore Phase 2). Re -install baffles.
7

Town of Apex
January 2, 2018
Photo 9 — Inlet Protection (Greenmore Phase 2). Repair and maintain inlet protection.
41
Photo 10 — Provide conveyance to direct run-off to another skimmer basin.
0