Loading...
HomeMy WebLinkAboutNCS000435_Asheville Self Audit_20190726MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000435 Asheville, NORTH CAROLINA PO Box 7148 Asheville, NC 28802 Audit Date: April 3, 2019 Report Date: July 24, 2019 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 (This page intentionally left blank) MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 TABLE OF CONTENTS Audit Details 1 Permittee Information 2 Supporting Documents 3 Public Education and Outreach 4 Public Involvement and Participation 9 Post-Construction Site Runoff Controls 13 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1 17 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 2 19 Appendix A: Supporting Documents 21 Appendix B: Photograph Log 22 DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to implement the approved Stormwater Management Plan in accordance with the issued permit. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 This page intentionally left blank MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Audit Details Audit ID Number: NCS000435_Asheville MS4 Audit_2019 Audit Date(s): Minimum Control Measures Evaluated: ⬜ Program Implementation, Documentation & Assessment ⬜ Public Education & Outreach ⬜ Public Involvement & Participation ⬜ Illicit Discharge Detection & Elimination ⬜ Construction Site Runoff Controls - No delegated Sediment and Erosion Control Program ⬜ Construction Site Runoff Controls - Delegated Sediment and Erosion Control Program ⬜ Post-Construction Site Runoff Controls ⬜ Pollution Prevention and Good Housekeeping for Municipal Operations ⬜ Total Maximum Daily Loads (TMDLs) Field Site Visits: ⬜ Municipal Facilities. Number visited: ____ ⬜ MS4 Outfalls. Number visited: ____ ⬜ Construction Sites. Number visited: ____ ⬜ Post-Construction Stormwater Runoff Controls. Number visited: _____ ⬜ Other: ___________________________ . Number visited: ______ ⬜ Other: ___________________________. Number visited: ______ Inspector(s) Conducting Audit Name, Title Organization McCray Coates, Stormwater Division Manager City of Asheville, Public Works Department Nancy Watford, Stormwater Supervisor City of Asheville, Development Services Department Monte Clampett, Construction Coordinator City of Asheville, Development Services Department Keisha Lipe, Stormwater Quality Specialist City of Asheville, Public Works Department Audit Report Author: Signature Date: 7/25/19 Audit Report Author: Signature Date 7/25/19 MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Permittee Information MS4 Permittee Name: City of Asheville Permit Effective Date: February 17, 2017 Permit Expiration Date: February 16, 2022 City, State, ZIP: Asheville, NC 28802 Date of Last MS4 Inspection/Audit: September 27 & 28, 2018 Co-permittee(s), if applicable: Permit Owner of Record: City of Asheville Primary MS4 Representatives Participating in Audit Name, Title Organization McCray Coates, Stormwater Division Manager City of Asheville, Public Works Department Keisha Lipe, Stormwater Quality Specialist City of Asheville, Public Works Department Nancy Watford, Stormwater Supervisor City of Asheville, Development Services Department Monte Clampett, Construction Coordinator City of Asheville, Development Services Department MS4 Receiving Waters Waterbody Classification Impairments French Broad River C Benthos (from Mud Creek to NC 146) Ross Creek B Benthos (I-240 to backwaters of Lake Kenilworth) Smith Mill Creek C Benthos (from source to French Broad River)(Draft 303d 2018) South Hominy Creek C Benthos (from Warren Creek to Hominy Creek) Note: Only waterbodies with 303(d) impairments that receive discharges from the Asheville MS4 are listed here. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Supporting Documents Item Number Document Title When Provided (Prior to/During/After) 1 Educational Material handouts During 2 Environmental Quality Institute Contract & Spreadsheet During 3 Illicit Discharge Detection and Elimination Brochure During 4 Stormwater Management Plan (used also as Annual Report) During 5 Stormwater, Soil Erosion and Sedimentation Control, Illicit Discharge and Connection Ordinance During 6 Plan Review Checklist During 7 City of Asheville Operation & Maintenance Agreement During 8 O & M Database Spreadsheet During 9 City of Asheville SCM During 10 Pre-Con & SW Closeout Documents During 11 Stormwater Services Operation and Maintenance Inspection Report During 12 Lowes Inspection Report During 13 Wal-Mart Inspection Report During 14 Wal-Mart follow up letter During 15 City of Asheville Fees & Charges Manual See pg 4 for permit fees, See Pg 69 for SW Utility fee. After - Updated 7/1/2019 16 Post Construction SCM Inspection SOP During MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Public Education and Outreach Staff Interviewed: (Name, Title, Role) Keisha Lipe, Stormwater Quality Specialist, Leads the Public Education and Outreach Efforts; McCray Coates, Stormwater Division Manager, Oversees the NPDES program; Nancy Watford, Stormwater Supervisor, Oversees the development review of development plans by engineers and contractors related to stormwater requirements and flooding requirements; Monte Clampett, Stormwater Construction Coordinator, Point contact for contractors and engineers during construction phase for private development Permit Citation Program Requirement Status Supporting Doc No. II.B.2.a Goals and Objectives The permittee defined goals and objectives of the Local Public Education and Outreach Program based on community wide issues. Partial 4 Comments (Generally describe process for establishing goals/objectives) The City has adequate personnel to perform the Public Education and Outreach Program. The Stormwater Quality Specialist leads the efforts for the City. The City of Asheville performs a public education and outreach program currently through local schools and various organizations. Currently the program includes providing basic messages regarding clean water and actions people can do at home to prevent stormwater pollution. At community meetings, the city discusses what stormwater is and explains ways the City is working to promote stormwater programs in order to improve water quality and nuisance flooding. Educational material is also provided on the City’s website. The City targets issues brought to our attention by the community, examples of this would be the proper way to dispose of pet waste, proper methods to utilize fertilizer and illicit discharge education. The City promotes Stream Cleanup programs and partners with local non profit organizations to gather the trash removed from the streams. The City tracks the number of attendants at specific events that stormwater staff attends. Recommendation: The City will better define target pollutants and associated target audiences in the Stormwater Management Plan (SWMP). II.B.2.b Target Pollutants The permittee maintained a description of the target pollutants and/or stressors and likely sources. Partial 2 Comments (List target pollutants, note any that are missing or not appropriate) Public Education and Outreach targets include used oil, antifreeze and batteries, car washing, household hazardous waste, grass clippings and other yard waste, pet waste, and sedimentation. Brochures are handed out at community events. These specific items have been targeted as concerns from previous resident and illicit discharge complaints to staff. City Staff has targeted business and residential property owners previously related to these items. The City of Asheville has a contract with Environmental Quality Institute (EQI) for the testing of six stream site samples within the City. EQI has been developing an on-going water quality database of Western North Carolina watersheds. The purpose of the research is to continue and expand the long-term monitoring of stream sites within Buncombe County. The cost is being shared by the Buncombe County Soil & Water Conservation District (SWCD), Metropolitan Sewerage District (MSD) and the City of Asheville Stormwater Services. The major focus of the monitoring is to identify problem areas as well as areas with high water quality that need to be maintained and to monitor areas where water quality improvement projects will be taking place. This contract with MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 EQI, offers technical assistance through laboratory analysis of samples and statistical data analysis of monitoring results. Volunteers take these samples through EQI Guidelines. Public Education and Outreach The overall goal of the proposed research is to assess the present water quality of representative streams and rivers within the City of Asheville. Specific objectives include: ➢ Analyze water samples from six sites in Asheville for eight chemical parameters monthly, with this contract it brings the total number of sites being tested in Buncombe County to 47; ➢ Analyze the data statistically for trends between sites (spatial) and trends within sites over time (temporal); and ➢ Use the results of the analyses to assess the ability of streams to support their various current, intended, and potential uses. EQI laboratory analyzes all samples for the following parameters: pH, ammonia-nitrogen, nitrate-nitrogen, orthophosphate, total suspended solids, alkalinity, turbidity, and conductivity. Recommendation: The City has added a list of targeted audience and pollutants in the SWMP that is being developed. II.B.2.c Target Audiences The permittee identified, assessed annually and updated the description of the target audiences likely to have significant stormwater impacts and why they were selected. Yes --- Comments (Describe any changes made, if applicable) The City of Asheville target audiences are youth groups and residential property owners. Youth groups were chosen in order to educate them early as they can help educate their parents. Residential property owners were selected because of the large impact they can have on stormwater in the community. As issues arise, staff provided educational materials to address those specific items. An example would be the proper disposal of pet waste, a brochure was developed to address these concerns following concerns from citizens about proper methods to dispose of pet waste. The City has signage located at newly constructed public stormwater control measures to interact with the public that utilize the areas. The City provides a stormwater website that provides information as it relates to the stormwater program. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 II.B.2.d Residential and Industrial/ Commercial Issues The permittee described issues, such as pollutants, the likely sources of those pollutants, potential impacts, and the physical attributes of stormwater runoff in their education/outreach program. Partial --- Comments (Generally describe the residential/industrial/commercial issues addressed) The city’s education/outreach program for property owners has focused on the following pollutants: ● Car washing ● Pet waste ● Use of lawn and garden products ● Leaves These pollutants were selected because they can harm fish and wildlife population, foul drinking water supplies, kill native vegetation, and make recreational areas unsafe. Questions have occured from citizens related to these activities as well. The city has targeted residential property owners for these items. Recommendation--The City should identify industrial/commercial educational materials tailored for those specific uses. Public Education and Outreach II.B.2.e Informational Web Site The permittee promoted and maintained an internet web site designed to convey the program’s message. Yes --- Comments (list web page address and general contents, or attach screen shot of landing page) Stormwater Services continues to maintain an educational stormwater website: http://www.ashevillenc.gov/Departments/StormwaterServicesUtility.aspx, and a City related blog. The website provides information about the program and also the importance of clean water to the citizens of Asheville. The City also provides information related to flood protection measures. The City reviews the website quarterly and provides updates as necessary. The City provides links that show the approximate location of the Stormwater outfalls. This information can be found on our MapAsheville GIS website. Contact information is provided on the website along with the City’s hotline number. The City’s Stormwater Website provides program information, the City’s Stormwater Capital Improvement Projects, as well as City Staff Contact information. II.B.2.f Public Education Materials The permittee distributed stormwater educational material to appropriate target groups. Yes --- MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Comments (List distributed materials and quantity, message, distribution mechanism, target audience for each if not included in program documentation/annual reporting) The City performs stormwater outreach at various events. Stormwater activities are utilized at events where the target audience is school aged children. City staff seeks out opportunities to partner in various events to promote stormwater education. Below are some examples: Stormwater Staff participated in Buncombe County Employability Seminar and Asheville Outlets (Touch a?) Truck events and distributed the following brochures: ➢ Help Protect Our Water; ➢ Pet Waste; ➢ Illicit Discharge Detection & Elimination Stormwater Staff sent a letter to provide flooding information to property owners located within an area that is more subjected to flooding. The letter included: ➢ Information on preparing for a flood; ➢ Recommended permanent flood protection measures; ➢ Information about flood insurance policies; and ➢ How to protect natural floodplain functions Stormwater Staff went into schools and lead tours at our water treatment plants. During each of the tours and school visits students were given booklets inside a bag with information on how to help protect our water. Stormwater projects, operations and activities are promoted on the City’s blog. Public Education and Outreach For 2017-18 the outreach program touched: Activity Estimated Number of Exposure Water Education Tours w/activity 236 Repetitive Flooding Letter 173 Merrimon Ave Baptist Preschool 30 Buncombe County Workforce Program 300 Asheville Outlets Truck Event 2,000 New Belgium Sustainability Event 25 Vance Elementary Events 157 YWCA Event 70 MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 II.B.2.g Hotline/Help Line The permittee promoted and maintained a stormwater hotline/helpline for the purpose of public education and outreach. Yes --- Comments (Note hotline contact information and method(s) for advertising it) The City provides a customer service line 828-251-1122 for citizens to report illicit discharge and accidental discharge after normal business hours and weekends. The city maintains a helpline 828-232-4567 during normal business hours for citizens to call with questions or report illicit discharge. Both numbers are promoted on brochures mailed to citizens and on the City website. The City also has a stormwater email address made available to the public for general questions related to stormwater. The City implemented a duty officer program that has someone on call 24-7 to respond to calls. The City has an Asheville App which is a tool to allow citizens to report issues related to stormwater and other items. This tool provides a way for citizens to take a picture of the issue and send to the appropriate City staff member. The Development Services Department also has a “plan reviewer of the day” phone line 828-259-5460 to address stormwater and permitting questions, as well as an email stormwater@ashevillenc.gov that is available on the website. II.B.2.h Public Education and Outreach Program The permittee’s outreach program, including those elements implemented locally or through a cooperative agreement, included a combination of approaches designed to reach the target audiences. Yes --- For each media, event or activity, including those elements implemented locally or through a cooperative agreement the permittee estimated and recorded the extent of exposure. Yes --- Comments (Generally describe approaches, extent of exposure. Note any cooperating entities, agreements and scope of services, or reference comments in Section II.A.6. above.) The City looks for opportunities to work with citizens to promote stormwater initiatives and provide further education to them. Below is a list of activities and outreach events performed the past year. The City leads many of the efforts and is asked to assist in others through our various partners. Some of these events consists of active tours to promote interactions with participants, other have staff handing out materials while interacting with citizens at events open to the general public. The City also works closely with local schools to promote stormwater initiatives within the teachers curriculum. The following are examples of the City’s outreach efforts this past year: Activity Estimated Number of Exposure Water Education Tours w/activity 236 Repetitive Flooding Letter 173 Kids in the Creek Event 318 Buncombe County Fall & Spring Field Days 1,700 Merrimon Ave Baptist Preschool 30 Buncombe County Workforce Program 300 Asheville Outlets Truck Event 2,000 School Career Day (Enka, Haw Creek, Erwin Middle) 1,280 New Belgium Sustainability Event 25 Vance Elementary Events 157 YWCA Event 70 The City’s Sanitation Division has a Zero Waste AVL campaign that encourages Asheville residents to send less trash to the landfill by recycling. The City has set a goal of 50% waste reduction by 2035. This is promoted on the City website and in social media. The City also partners with local non profits to perform stormwater stenciling programs to raise awareness of clean water to our community. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 The City post educational signage beside publicly funded Stormwater Control Measure projects promoting the stormwater efforts. Additional Comments: Public Involvement and Participation Staff Interviewed: (Name, Title, Role) Keisha Lipe, Stormwater Quality Specialist, Leads the Public Education and Outreach Efforts; McCray Coates, Stormwater Division Manager, Oversees the NPDES program; Nancy Watford, Stormwater Supervisor, Oversees the development review of development plans by engineers and contractors related to stormwater requirements and flooding requirements; Monte Clampett, Stormwater Construction Coordinator, Point contact for contractors and engineers during construction phase for private development Permit Citation Program Requirement Status Supporting Doc No. II.C.2.a Volunteer Community Involvement Program The permittee included and promoted volunteer opportunities designed to promote ongoing citizen participation. Yes --- MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Comments (Note opportunities promoted and date(s) of volunteer events) The City of Asheville partners with Asheville Greenworks to provide Adopt-a-Street Program. Groups and organizations are encouraged to help reduce litter by participating in Asheville’s Adopt-A-Street program. Participants agree to pick up litter from their adopted street at least six times per year. Greenworks provides groups with bags, vests, gloves, and pick-up sticks. The City of Asheville provides garbage pickup and signs on the street to recognize the litter reduction efforts. This year 18 new streets were adopted bringing the total of adopted streets to 235. The City of Asheville partners with RiverLink to provide Adopt-a-Stream program. This is a hands-on way for local residents and businesses to get actively involved in improving the water quality of the French Broad River Watershed. This very flexible program gives the tools and knowledge to make a difference in our watershed by cleaning up local streams. Participants are required a minimum of two cleanups per year and report any water related issues/problems to RiverLink. The City of Asheville provides garbage pickup and signs to RiverLink to install on the streams to recognize the litter reduction efforts. This year three new teams joined the program bringing the total to 18 adopted streams. The City has a Flood Damage Reduction Task Force that consists of citizens from both the County and City to discuss flood mitigation efforts that are ongoing. The task force meets on an as needed basis. The City of Asheville partners with Mountain True and RiverLink to provide storm drain stenciling in our community. The city provides the stenciling equipment to Mountain True and RiverLink, they organize and provide the volunteers. With this partnership approximately 153 storm drains have been stenciled this fiscal year. City Staff will visit with community groups or professional organizations to discuss our stormwater program. Often times stormwater staff will meet with small residential groups to discuss specific stormwater questions or concerns. Stormwater staff will also attend larger professional conferences to highlight what Asheville is doing related to stormwater or flood control efforts. Stormwater staff trains other City employees on the importance of stormwater quality and also works with them on specific items to identify within their work area and throughout the City. II.C.2.b Mechanism for Public Involvement The permittee provided and promoted a mechanism for public involvement that provides for input on stormwater issues and the stormwater program. Partial --- Comments: The City provides a stormwater e-mail (stormwater@ashevillenc.gov) and phone number 828-232-4567 in which the public can provide input and report on stormwater issues. Staff from the stormwater division often meet with citizens to discuss their specific concerns or questions related to stormwater issues. City Staff attends public events to promote stormwater and receive comments from citizens. City staff’s contact information is available on the stormwater website as well. Citizens can also report issues or concerns on the City of Asheville App. Social media is also used to post stormwater projects and activities. Community meetings are held to gain input on stormwater issues related to capital improvement projects. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Recommendation: Develop guidelines and procedures on a new mechanism for the public to provide input on stormwater issues and the stormwater program. II.C.2.c Hotline/Help Line The permittee promoted and maintained a hotline/helpline for the purpose of public involvement and participation. Yes --- Comments (Note hotline contact information and how it is promoted) The City provides a customer service line 828-251-1122 for citizens to report illicit discharge and accidental discharge after normal business hours and weekends. The city maintains a helpline 828-232-4567 during normal business hours for citizens to call with questions or report illicit discharge. Both numbers are promoted on brochures mailed to citizens and on the City website. The City also has a stormwater email address made available to the public for general questions related to stormwater. The City implemented a duty officer program that has someone on call 24-7 to respond to calls. The City has an Asheville App which is a tool to allow citizens to provide information related to stormwater issues. This tool provides a way for citizens to take a picture of the issue and send to the appropriate city staff member. The Development Services Department also has a plan reviewer of the day phone line 828-259-5460 to address stormwater questions, as well as an email stormwater@ashevillenc.gov that is available on the website. Additional Comments: MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Post-Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) McCray Coates, Stormwater Division Manager, Oversees the NPDES program; Nancy Watford, Stormwater Supervisor, Oversees the interactions with engineers and contractors related to stormwater requirements and flooding requirements; Monte Clampett, Stormwater Construction Coordinator, Point contact for contractors and engineers Implementation (check all that apply): ⬜ The permittee implements the components of this minimum measure. ⬜ The permittee relies upon another entity to implement the components of this minimum measure: name of entity ⬜ The permittee implements the following deemed-compliant program(s), which meet NPDES MS4 post-construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below (Complete Session Law 2006-246 section below): ⬜ Water Supply Watershed I (WS-I) – 15A NCAC 2B .0212 ⬜ Water Supply Watershed II (WS-II) – 15A NCAC 2B .0214 ⬜ Water Supply Watershed III (WS-III) – 15A NCAC 2B .0215 ⬜ Water Supply Watershed IV (WS-IV) – 15A NCAC 2B .0216 ⬜ Freshwater High Quality Waters (HQW) – 15A NCAC 2H .1006 ⬜ Freshwater Outstanding Resource Waters (ORW) – 15A NCAC 2H .1007 ⬜ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 2B .0235 ⬜ Tar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 2B .0258 ⬜ Randleman Lake Water Supply Watershed Nutrient Management Strategy – 15A NCAC 2B .0251 ⬜ Universal Stormwater Management Program – 15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ⬜ DEQ model ordinance ⬜ MS4 designed post-construction practices that meet or exceed 15A NCAC 02H .1000. ⬜ DEQ approved comprehensive watershed plan ⬜ DEQ approved ordinance for a deemed-compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed-compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L. 2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s) not covered under the S.L. 2006-246 deemed-compliant program. Session Law 2006- 246 Program Requirement Status Supporting Doc No. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Post Construction Site Runoff Controls Deemed-Compliant Program(s) The permittee implements deemed-compliant Program requirements in accordance with the applicable 15A NCAC rules. N/A --- The permittee implements deemed-compliant Program requirements throughout the entire MS4 area (If not, also complete the Permit Citation section below.) N/A --- The permittee applies deemed-compliant Program requirements to all federal, state and local government projects within the permitted MS4 area who do not have their own NPDES stormwater permit. N/A --- The permittee included deemed-compliant Program reporting in their MS4 Annual Reports. N/A The permittee included deemed-compliant Program implementation in their Stormwater Management Plan. N/A --- Comments Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a Legal Authority The permittee maintained an ordinance or other regulatory mechanism designed to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Management Program. Yes 5 If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify accordingly). Yes 5 The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. Yes 5 The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post-Construction Stormwater Management Program. Yes 5 The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges. Yes 5 Comments (If the permittee relies upon another entity, specifically note the legal authority that allows that entity to implement the program within the MS4 area) City Unified Development Ordinance 7-12-2, which is attached, is the regulatory mechanism for the City to meet the objectives of the Post Construction program. The ordinance applies throughout the city’s jurisdiction. The City actively reviews development plans in accordance with the ordinance. The permittee can enter private property for inspections as necessary. II.F.2.b Stormwater Control Measures (SCMs) The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes --- SCMs comply with 15A NCAC 02H .1000. Yes --- MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Post-Construction Site Runoff Controls Comments The City requires the new development and redevelopment to meet the requirement of the stormwater ordinance. This requires the use of appropriate SCM as approved by the city. The City utilizes the NCDEQ Stormwater Control Manual and Credit Document as our Stormwater Manual establishing regulatory requirements. II.F.2.c Plan Reviews The permittee conducted site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). Yes 6 If yes, the site plan reviews addressed how the project applicant meets the performance standards. Yes --- If yes, the site plan reviews addressed how the project will ensure long- term maintenance. Yes 7 Comments The site plans must meet City standards. For all SCM, an operations and maintenance agreement is required to address the long- term maintenance of the device. A copy of a sample O and M agreement is linked to Supporting Document Item #10. Recommendations: Since the City of Asheville Development Services Department has moved to digital review, we are planning to update the checklist, submittal requirements, and platting process to improve the review and have the applicant state how they are meeting the requirements and long term maintenance, within the next year. II.F.2.d Inventory of Projects The permittee maintained an inventory of projects with post-construction structural stormwater control measures installed and implemented at new development and redeveloped sites. Yes 8 The inventory included both public and private sector sites located within the permittee’s corporate limits that are covered by its post-construction ordinance requirements. Yes --- Comments The City maintains an inventory of the SCM’s within the City’s Jurisdiction. A copy of the O&M Spreadsheet is attached. In addition the City maintains a GIS map of all Post Construction SCMs. . http://avl.maps.arcgis.com/apps/SimpleViewer/index.html?appid=cb97ebcc115a4d0ab83cbb0752e2ea10 II.F.2.e Deed Restrictions and Protective Covenants The permittee provided mechanisms such as recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. Yes --- Comments The City of Asheville requires Operation and Maintenance agreements to be recorded as part of the project closeout process. The City uses this O&M agreement to ensure the post construction SCM is maintained and functions as designed. The City also maintains a hard copy of the agreement and an electronic listing of each BMP which includes the location, owner and a running list of the dates of inspections. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Post-Construction Site Runoff Controls Recommendations: Over the next year the City is looking to improve the final platting process, including improvement to requirements access, maintenance and permanent drainage easements for stormwater infrastructure and post construction SCMs to meet the City and NCDEQ Stormwater Control Manual. The Operation and Maintenance Agreements will also be reviewed and updated to include the Plat page and book of the final plat, as well as include additional requirements to O&M Agreement to meet the requirements of the NCDEQ Stormwater Manual (specifically referencing Operation and Maintenance Plan and annual reports maintained by owner). II.F.2.f Mechanism to Require Long-term Operation and Maintenance The permittee implemented or required an operation and maintenance plan for the long-term operation of the SCMs required by the program. Yes --- The operation and maintenance plan required the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Yes --- Annual inspection of permitted structural SCMs are required to be performed by a qualified professional. Yes --- Comments An Operation & Maintenance Agreement is recorded for each SCM constructed within the City Limits. The owner is required to have the SCM inspected annually by a qualified professional and send a copy of the report to the CIty. The CIty performs random inspection on post-construction SCM’s. Section 7-12-2 of the City UDO requires the O&M Agreement and annual reporting (See Supporting Document 5) II.F.2.g Inspections of Structural Stormwater Control Measures The permittee conducted and documented inspections of each project site covered under performance standards, at least one time during the permit term (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly). Partial --- Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee conducted a post-construction inspection to verify that the permittee’s performance standards have been met or a bond is in place to guarantee completion(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. Yes --- The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post-construction program (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. Yes --- The permittee documented and maintained records of inspections. Yes 9 The permittee documented and maintained records of enforcement actions. Yes --- Comments The City receives inspection reports required of the O and M agreements from professionals hired to inspect & review private SCM’s. For those that we have not received from the property owner, the City reviews periodically and sends out letters of issues identified. The City reviews the site and approves the SCM’s prior to issuing a certificate of occupancy. For any sites that have not been finalized, prior to a CO issuance, a Bond is required. The City has an SOP for post-construction SCM inspections. The City partners with RiverLink, a non-profit, to perform the inspections of municipal owned SCM’s.(See attachment 10) Recommendations The City will develop procedures to conduct site inspections of all SCM during the permit cycle. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Post-Construction Site Runoff Controls II.F.2.h Educational Materials and Training for Developers The permittee made available through paper or electronic means, ordinances, post-construction requirements, design standards checklists, and other materials appropriate for developers. Note: New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee’s new development and redevelopment program. Yes 5, 6 & 7 Comments (If the permittee has adopted materials from other programs, indicate here which materials they are using) The documents including ordinance, checklists, post-construction requirements, and design standards are available through the City of Asheville Website. These include applicant checklists, City of Asheville UDO, City of Asheville Standard Specifications and Details Manual, and close-out documents. These are also available in the Permit Application Center, and upon request for staff. Any project that requires post-construction stormwater controls is required to attend a pre-construction meeting. At this meeting the plan reviewer supplies the post-construction requirements, inspection requirements, and close-out documentation. See Supporting Documents 5, 6 and 7. II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. Yes --- If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. Yes --- Comments The City tracks all Notice of Violation through our inspection software. Also a list of all issued NOV’s are sent to the State monthly to be tracked as well. The City also reviews the State list as necessary. II.F.3.b New Development The permittee fully complies with post construction program requirements on its own publicly funded construction projects. Yes --- Comments The City complies with the post construction requirements for projects that require SCM’s. The City follows the same application and review process as private sector developers per City ordinance. II.F.3.c Nutrient Sensitive Waters Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to 15A NCAC 02H .0150? N/A --- If yes, does the permittee use SCMs that reduce nutrient loading in order to meet local program requirements. N/A --- If yes, does the permittee also still incorporate the stormwater controls required for the project's density level. N/A --- If yes, does the permittee also require documentation where it is not feasible to use SCMs that reduce nutrient loading. N/A --- Comments (Provide reference for local requirements) II.F.3.d Design Volume The permittee ensured that the design volumes of SCMs take into account the runoff at build out from all surfaces draining to the system. Yes --- Where “streets” convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. Yes --- Comments Stormwater Plan reviewers require and confirm that the design volumes of SCMs for runoff at full buildout. We require pre and post impervious areas be shown and designated on the plan, and for subdivisions track total impervious as the sub-division is built out. For major subdivisions, we require maximum impervious surface per lot noted on the plat. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1 Site Name: Lowe’s Smokey Park Hwy Date and Time of Site Visit: 2/27/2019 1:28pm Site Address: 95 Smokey Park Hwy Asheville, NC 28806 SCM Type: Dry Pond Most Recent MS4 Inspection (Include Date and Entity): 1/24/2019 Name of MS4 Inspector(s) evaluated: Toby Shelton Most Recent MS4 Enforcement Activity (Include Date): Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title McCray Coates Stormwater Division Manager Nancy Watford Stormwater Supervisor Monte Clampett Construction Coordinator Observations Site Documentation Does the site have an operation and maintenance plan? Yes, Recorded 1/11/2008 Deed Book: 4510 Deed Book Page: 716-717 Does the site have records of annual inspections? Are they performed by a qualified individual? Yes, dated 1/24/2019. Performed by: Timothy Ormond, P.E HydroCycle Engineering, PC Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? North Carolina Stormwater SCM Inspection & Maintenance Certification. Recertification is every 3 years. Certified Erosion, Sediment and Stormwater Inspector through Envirocert International. Recertification is every 2 years. Trenching and Shoring Designated Competent Person. OSHA Confined Space trained. Recertification is every year. Did the MS4 inspector appear knowledgeable about MS4 requirements for post-construction site runoff controls? Yes, Toby Shelton has been certified in SCM inspections since 2010. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Did the MS4 inspector appear knowledgeable about post-construction BMPs (general purpose/function, components, O&M requirements, etc.)? Yes. He took note of not only the SCM proper but also the surrounding area making note of ground cover maintenance, groundhog holes, litter control. He also took note of the fence surrounding the area as well as the gates leading into the SCM. Inspection Procedures Does the MS4 inspector’s process include the use of a checklist or other standardized form? What format? Inspectors have a standard BMP Inspection form that is provided to them as a digital fillable form, or hardcopy. The fillable form is in a google form that once the report is finalized it is saved, populates the post-construction inspection report spreadsheet with link to the report. City of Asheville Stormwater Services Operation and Maintenance Inspection Report (attachment 15) Does the MS4 inspector’s process include taking photos? Yes, inspector takes pictures of items of concern or not in compliance with Operation and Maintenance Plan and SCM Construction requirements based on the date of installation. Does the MS4 inspector’s process include reviewing the site’s operation and maintenance plan and records of annual inspections? Yes, inspector reviews Operation and Maintenance Agreement and, at a minimum, the most recent annual report provided by the owner/engineer. Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1 Does the MS4 inspector’s process include walking the entire site and inspecting all points of discharge? The Inspector reviewed all points of discharge associated with the post-construction stormwater controls for the site. The inspector did not walk the entire property, only reviewed the SCM’s and all points of discharge. The inspector found no issues that would prompt him to go further up the system to perform any investigations. Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain: No. Does the MS4 inspector’s process include presenting the inspection findings to the site contact in writing? Yes, Inspection report is sent to site contact. Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? No enforcement actions were identified. Any maintenance needs are communicated through the inspection report with a timeline for compliance, where the inspector will conduct a follow-up inspection. At that point if maintenance noted was not conducted a Notice of Violation is sent to the owner. If compliance issues were identified, what timeline for correction/follow-up was provided? Notes/Comments/Recommendations Supporting document #12 MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Recommendations: Moving forward, City staff will modify the SOP for post construction site inspection walking the entire site to visually inspect for any issues. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 2 Site Name: Walmart Airport Rd Date and Time of Site Visit: 2/27/2019 2:29pm Site Address: 60 Airport Rd ASheville, NC 28704 SCM Type: Wet Detention, Bio-retention, Level Spreader (not included in original O&M Agreement but included on approved plans) Most Recent MS4 Inspection (Include Date and Entity): 8/31/2018 Name of MS4 Inspector(s) evaluated: Toby Shelton Most Recent MS4 Enforcement Activity (Include Date): Name(s) and Title(s) of Site Representative(s) Present During the Site Visit: Name Title McCray Coates Stormwater Division Manager Nancy Watford Stormwater Supervisor Monte Clampett Construction Coordinator Observations Site Documentation Does the site have an operation and maintenance plan? Yes, recorded 5/5/2009 Deed Book: 4690, Deed Book Page: 1636-1648 Does the site have records of annual inspections? Are they performed by a qualified individual? Yes, dated 8/31/2019. Performed by: Timothy Ormond, P.E HydroCycle Engineering, PC Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? North Carolina Stormwater SCM Inspection & Maintenance Certification. Recertification is every 3 years. Certified Erosion, Sediment and Stormwater Inspector through Envirocert International. Recertification is every 2 years. Trenching and Shoring Designated Competent Person. OSHA Confined Space trained. Recertification is every year. Did the MS4 inspector appear knowledgeable about MS4 requirements for post-construction site runoff controls? Yes, Toby Shelton has been certified in SCM inspections since 2010. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Did the MS4 inspector appear knowledgeable about post-construction BMPs (general purpose/function, components, O&M requirements, etc.)? Yes. He took note of not only the SCM proper but also the surrounding area making note of ground cover maintenance, groundhog holes, litter control, etc. Inspection Procedures Does the MS4 inspector’s process include the use of a checklist or other standardized form? What format? Inspector has a standard BMP Inspection form that is provided to them as a digital fillable form, or hardcopy. The fillable form is in a google form that once the report is finalized it is saved, populates the post-construction inspection report spreadsheet with link to the report. City of Asheville Stormwater Services Operation and Maintenance Inspection Report Does the MS4 inspector’s process include taking photos? Yes, inspector takes pictures of items not in compliance with Operation and Maintenance Plan and SCM Construction requirements based on the date on installation. Does the MS4 inspector’s process include reviewing the site’s operation and maintenance plan and records of annual inspections? Yes, inspector reviews Operation and Maintenance Agreement and at a minimum the most recent annual report provided by the owner/engineer. Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 2 Does the MS4 inspector’s process include walking the entire site and inspecting all points of discharge? The Inspector reviewed all points of discharge associated with the post-construction stormwater controls for the site. The inspector did not walk the entire property, only reviewed the SCM’s and all points of discharge. Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain: No. Does the MS4 inspector’s process include presenting the inspection findings to the site contact in writing? Yes, Inspection report is sent to site contact. Compliance/Enforcement What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in? The inspection report notes that the level spreader cap is missing and needs additional maintenance. Level spreader was not inspected on 3rd party inspection report apparently because it was not included in the original O&M agreement although it is shown on the approved plans. The City has requested that a new O&M agreement be submitted for recording that includes the level spreader. If compliance issues were identified, what timeline for correction/follow-up was provided? A certified letter will be sent to the owner noting the deficiencies and they will be given 30 days from the receipt of the letter to have the issue corrected or to contact the CIty for an extension of time if needed. Notes/Comments/Recommendations MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 Supporting documents #13 and #14 Recommendations: Moving forward, City staff will modify the SOP for post construction site inspection which will include walking the entire site to visually inspect for any issues. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 APPENDIX A: SUPPORTING DOCUMENTS See page 7 - Supporting documents page with links to the documents. MS4 Permit Audit Report Asheville, NC: NPDES Permit No. NCS000435 Audit Date: April 3, 2019 APPENDIX B: PHOTOGRAPH LOG See page 7 - Supporting documents page with links to the documents with photographs.