HomeMy WebLinkAboutNCS000397_Newton Comment Response Letter_20191107
November 6, 2019
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: City of Newton Draft SWMP (NOV-2019-PC-0282)
First Draft Comment Responses
NPDES MS4 Permit No. NCS000397
WR Project No. 08190562
Dear Ms. Powell,
We are writing this letter in response to comments dated October 8, 2019. Each of the comments are repeated below,
followed by our response in bold.
SPECIFIC COMMENTS
1. Table 1: Please confirm that 95% of the MS4 area is currently mapped with zero major outfalls mapped.
The known area has been completely mapped, however the classification of specific outfalls as major outfalls
has not occurred (although all known outfalls have been mapped). Because the distinction between major
outfalls and other discharge points has not been made, the number of major outfalls is unknown and
therefore was reported as 0; this has been revised to “unknown” for clarity. Mapping is reported as 95%
complete because although the MS4 area is mapped it is assumed that some outfalls may still be discovered.
The majority of the remaining mapping of major outfalls is a GIS processing exercise.
2. Section 3.8, last paragraph: Please revise to "See BMP No. 5 and 7".
Revised.
3. Section 4.3, Table 9: Include Catawba County for construction site runoff control and ensure that the county has the
legal authority to implement and enforce the program with in Newton' s jurisdictional area and also provide specific
reporting for activities within the City of Newton. If legal authority must be established, then include appropriate
BMP(s).
Catawba County has been added for construction site runoff control and legal authority has been established.
4. Table 11, BMP 3.B.4: "Implement funding plan" implies that a plan will be developed. Specifically denote where in the
sequence funding plan development occurs and describe what it will include.
Please note that it could potentially take some time to establish the selected funding mechanism. For example, if the
MS4 selects a stormwater utility, then setting up the utility and generating revenue to fund the program may not be
fully achievable in Year 2. This scenario should be considered, as well as the impact that funding (or the lack thereof)
may have on the ability of the MS4 to implement specific program commitments provided in the SWMP.
BMP 3.B.4 has been revised to “Implement funding mechanism” to reflect the fact that not all potential
funding mechanisms would require development of an additional plan (i.e. use of general fund). The schedule
for implementing the funding mechanism (BMP No. 3.B.4) has been revised to Permit Years 2 -3 to allow a
longer time period for funding implementation if a more involved funding mechanism is chosen. As a result,
the timeline of several other BMPs requiring significant funds has been delayed a year.
5. Table 13, BMP 4: Specifically include the establishment of a legal agreement with the WPCOG as a measurable goal.
BMP 4.1 has been revised to include this requirement.
6. Table 13, BMP 4: Because there are no details or specific commitments provided on what the WPCOG partnership will
deliver to address residential, commercial and school audien ces / pollutants of concern, please include a measurable
goal to submit a plan for approval. Please note that the approved plan will be considered as an amendment to the
SWMP and will become an enforceable component of the permit.
A measurable goal for submitting a plan for approval has been added. It has been noted that the plan will
become an enforceable component of the permit.
7. Table 13, BMP 7: Include information on what social media accounts will be utilized, whether they are existing (if not,
add a measurable goal to establish the account(s)), and the intended audiences reached by these accounts.
BMP 7 has been revised to include requested information; the existing City of Newton Facebook page will be
utilized for social media outreach.
8. Table 13, BMP 8: Update BMP reference numbers for B.l , C.l, and D.l as 35, 18 and 18, respectively.
Revised.
9. Table 13, BMP 9.B.3: Please move this measurable goal under BMP 10 Stormwater Hotline.
Revised as requested.
10. Table 13, BMP 10.B. l, C.l. and D.l: Either create two measurable goals - one to establish the hotline and one to maintain
it; or revise to "Establish and maintain hotline... ", "Permit year 3-5", and"...date hotline is established in Year 3." Also
add an annual reporting metric for hotline maintained Years 4-5 (Y/N).
Revised BMP 10.1 as requested.
11. Table 14, BMP 14.C.2: Add " Annually Permit Years 2-5".
Revised.
12. Table 14, BMP 14.D.2: Include the amount of trash collected or other item as a reportable metric to assist in evaluating
whether the identified areas were good choices or if changes need to be made.
Revised.
13. Table 15, BMP 16: Identify the mechanism for completing the MS4 map (field observation, mapping grade survey,
stream walks, etc.), note GIS as the type of map, and include the number of mapped major outfalls as annual reporting
metrics (outfalls mapped during the reporting year and the cumulative number of outfalls mapped to date).
Also, please note that the permit requires 100% mapping by the end of the five year permit term, s o it may be prudent
to consider committing to map 33% each year in Years 3-5.
All known MS4 infrastructure has been mapped, so required mapping includes only GIS analysis which will be
completed in Year 3. Additional infrastructure mapping will only be required when previously unknown
outfalls are identified or new development occurs.
14. Table 15, BMP 17.D.l: Include both the number of new outfalls mapped during the reporting year and the cumulative
number of new outfalls mapped to date as reporting metrics.
Revised as requested.
15. Table 15, BMP 18: This BMP corresponds to permit reference 3.7.4 and should be located under BMP 46.
The BMP has been removed and incorporated with the BMP for permit reference 3.7.4. Please note, as a
result of removing this BMP some BMP numbers were changed.
16. Table 15, BMP 18.D.l: Include both the number and type of SCMs mapped during the reporting year and the cumulative
number and type of SCMs mapped to date as reporting metrics.
BMP 18.D.1 is only intended to be reported in year 1 and therefore was not revised. However, BMP 18.D.2
was revised to report the request information.
17. Table 15, BMP 20.B.l: Clarify if all staff or just inspections staff will be trained. Add"...outfall inspections and illicit
discharge investigations ... "
Clarification that this training will be provided to inspections staff only has been provided and requested
revision was made.
18. Table 15, BMP 21: Provide two measurable goals; (1) Maintain the existing written IDDE Program, Continuously Years 1 -
5, and (2) Update the IDDE Program to include a standard operating procedure... Year 1.
BMP revised as requested.
19. Table 15, BMP 22.B.2: Add " ... chronic violators, issues and/or... "
Revised.
20. Table 15, BMP 22.D: Annually report the quantity of potential illicit discharges found, verified illicit discharges,
resolved/removed discharges and enforcement actions taken.
BMP revised to include additional reporting metrics for measurable goal.
21. Table 15, BMP 23.A: Add"... chronic violators and recurring issues" .
Revised.
22. Table 15, BMP 24: Revise reference"... BMP No. 20 21 SOPs... ", and expand B.2 to include training for all field staff who
could potentially find an illicit discharge during their routine work activities, not just IDDE staff.
Revised.
23. Table 15, BMP 25.A: Revise " ... common areas and to serve as.. ."
Revised.
24. Part 8: Section 31-4(a) of the referenced county code of ordinances limits county authority to implement the program
as:
Geographical scope of regulated land-disturbing activity. This chapter shall apply to land-disturbing activity within the
territorial jurisdiction of the county and to the extraterritorial jurisdiction of the county as allowed by agreement
between local governments, the extent of annexation or other appropriate legal instrument or law.
Please provide the appropriate local government agreement or include BMPs to develop one. See also Comment 3
above.
An Interlocal Agreement grants the appropriate authority. A copy of the interlocal agreement has been
included in the submittal package for your reference.
25. Table 19: The City of Newton Land Development Design Standards (adopted 10/18/2011) specifically states, "The City
shall review and approve all plans prior to submittal to any other reviewing agency (State, Federal or Utility)." P lease
provide either a reference for the requirement or specific BMPs to establish the requirement for Federal, State and local
government projects to comply with post-construction program requirements throughout the MS4 permitted area,
unless the entity is subject to its own NPDES MS4 permit or qualifying alternative program.
BMP No. 32.1 to revise the code and establish the requirement has been added.
26. Table 19: Provide the link to the stormwater design manual referenced in the city Code of Ordinances, S ection 87-8.
The reference to the stormwater design manual is meant to reference the NC DEQ Stormwater Design
Manual. However, this is not clear in the existing ordinance so BMP No. 32.2 has been added to update the
ordinance.
27. Table 20, BMP 33.D.2: Revise " …O&M Plans received approved."
Revised.
28. Table 20, BMP 34.B.2: Clarify the low density inspection commitment and what year inspections will commence in. The
permit requirement is to inspect each low density project once per permit term. However, the commitment to develop
an inventory during permit Years 1 and 2, and issue an FYI letter in Year 3 would imply that inspections won't begin until
Year 3, which coincides with funding becoming available for staff resources. A commitme nt to inspect 20% each year so
that all are inspected once every five years would meet the intent of the permit requirement.
The measurable goal has been revised to 20% per year.
29. Table 20, BMP35.C.l: Revise "year ½ 1-2".
Revised.
30. Table 20, BMP 35.D.2: Change metric to the number of letters sent.
Revised.
31. Table 20, BMP 35.C.3 and D.3: Change reference to BMP No. 32.3.
Revised.
32. Table 21, BMP 38: Clarify this BMP and associated measurable goals to provide for developing and maintaining the
inventory (the audit indicates a lack of inventory). Separate the measurable goals into individual steps; (I) compile a list,
(2) inspect each municipal facility per SOP, (3) determine SPCC applicability, (4) determine NPDES Industrial permit
applicability [Ref. BMP 48], (5) update as facilities are added/closed. Provide appropriate implementation schedules for
each measurable goal. Specify meaningful annual reporting metrics for each measurable goal (e.g. date inventory
completed, number of inspections performed, number of h igh/low priority facilities inventoried, etc.).
BMP has been revised as requested.
33. Table 21, BMP 39: Revise "See BMP No. 50 49... " and " BMP No. 40.1 39.1".
Revised.
34. Table 21, BMP 40: Revise " ... See BMP 44 43" in all four columns.
Revised.
35. Table 21, BMP 41: Revise "... See BMP 39 38 " in column A.
Revised.
36. Table 21, BMP 42: Include spill response training for staff at facilities with spill potential. Training should include first
response actions and reporting/calling for assistance so facility staff know how to react when a spill occurs.
An additional measurable goal has been added for staff training.
37. Table 21, BMP 43.C.2 and C.3: General stormwater awareness and pollution prevention training for staff should occur
annually beginning in Year 3. Once per permit term is insufficient to ensure that staff know how to identify stormwater
issues and what to do. Training for new hires should also begin in Year 3.
Revised as requested.
38. Table 21, BMP 44.C.2: Confirm references to BMPs No. 45.1 and 45.4.
Revised references to BMPs No. 44.1 and 44.4
39. Table 21, BMP 46.D.l : Revise " .. .members with active certification."
Revised.
40. Table 21, BMP B.3: Revise "Inspect each device using... "
Revised.
41. Table 21, BMP 46.B.5: Revise " ... BMP No. 46 45.1)."
Revised.
42. Table 21, BMP 48: If a standard inspection form must be developed, include that as a measurable goal.
Development of an inspection form has been added as a measurable goal.
43. Table 21, BMP 49.A: Revise " See BMP No. 40 39 ... : and add a measurable goal for follow-up action to ensure
corrective actions were completed.
Revised and additional measurable goal added as requested.
44. Table 21, BMP 53: Revise "See BMP No. 43 42 " in all three columns and add the verb " provide" to B.2.
Revised.
GENERAL COMMENTS
1. Overall, the SWMP is very heavily weighted on Year 3 activities. Consider timing of potential funding and balance of
commitments (see also comment 4 above).
Timing of some of the BMPs have been revised to more evenly distribute the initial start -up activities. BMPs
No. 10, 51, and 52 have been moved to permit year 1 and BMPs No. 23 and 24 have been moved to permit
year 2. BMPs No. 6, 8, 31.4, and 31.5 have been moved to permit year 4.
2. Please confirm that the City of Newton plans to inspect all SCMs and low density projects with city staff rather than
require owner submittal of inspections/certifications and perform spot checks. Also, is the City confident that adequate
staff resources will be available to implement this BMP?
At this time the City plans to perform all SCM and low density project inspections. The City presently believes
that the SCM inspections will be managed with City staff resources.
RECOMMENDATIONS
1. Section 3.9, last paragraph: Recommend revising"... through poor uninformed management.. .".
Revised.
2. Table 21, BMP 39: Recommend categorizing facilities as high or low potential for stormwater pollution potential and
inspecting high potential facilities at least once annually. Low priority facilities could be inspected once per permit term,
or 20% each year.
BMPs 38.1 and 39.2 revised to adopt this recommendation
3. Table 21, BMP 45: Recommend including age of device in the SCM inventory since routine replacement/refurbishing
costs should be planned for.
Revised.
4. Table 21, BMP 48: Recommend combining B.2. and B.3. into one measurable goal - maintaining active NPDES industrial
permit(s) for all subject municipal facilities.
BMPs No. 48.2 and 48.3 have been combined as recommended.
5. Table 21, BMP 50.A: These staff also need general stormwater awareness training. Recommend combining training for
efficiency.
The BMP has been revised for combined training for these staff members.
Sincerely,
Alex Fulbright
Assistant Planning Director