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HomeMy WebLinkAboutCaldwell_WSWatershed Caldwell County: Stormwater Projects a _ W E s _ NCN _ a zo = V _ . °eO ' STATE �# Via` SED OR ��, • 4 . @=Mumma R fl 0 2.5 5 Miles y 1:240,000 o,r P Stormwater Projects NPDES Phase,ll Municipalities Caldwell County' N6 YWA ,c Itj `C.�-A-ESL I s � .�^e-v✓ ��'-^�'L- OPENING MEETING Introductions (Permittee should provide an organizational chart) . Identify the purpose of the visit ❑ . Program Compliance Evaluation ❑ Stronger coordination and working relationship with the-State and regulated entity ❑ Better understanding of the state's expectations ❑ An or to clarify any misunderstandings ❑ Improved State's knowledge of the permittee's stormwater program ❑ A more effective program. Process ❑ Open Conference.. ❑ Records Review ❑ Conduct Interviews ❑ Conduct Field Inspections ❑ Closing Conference o Identify the.programs and records reviewed -o Identify interviews conducted o Identify field Inspections and or site visits conducted o Identify positive findings o Identify deficiencies ■ 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 installationStandard Operating Procedures, minor differences of interpretation or administration oversights. Discrepancies can also.be findings where compliance could not be determined ■ Identify any repeat deficiencies o Identify recommendations.Recommendations represent practices that should be considered to improve the overall effectiveness to improve stormwater management o Identify any necessary follow up(i.e.,missing records or documents) o Questions Discussion ❑ Review background information ❑ Programs to be reviewed ❑ Identify staff to be interviewed ❑ Select sites to visit ❑ Documents and records to be reviewed Questions February 18,2009 1 MS4 Self-Compliance SW Checklist BACKGROUND INFORMATION Permit Number:NCS000474 Permittee: The County of Caldwell,the City of Lenoir,and the Towns of Cajah's Mountain,Gamewell, Granite Falls,Hudson,and Sawmills Existing Local Water Quality Programs: Caldwell County and participating municipalities implement the NC WSWS Protection Programs through local ordinances and active land use plans(page 4 of the County's SWMP). Reliance on another entity perform one or more of your permit obligations: Soil Erosion and Sedimentation Control:NCDENR—DLR Co-Permit Information: City of Lenoir,and the Towns of Cajah's Mountain,Gamewell, Granite Falls, Hudson, and Sawmills Interagency Agreements or Stormwater Partnerships: Contact Information: Bobby White Caldwell County Manager PO Box 2200 905 West Avenue NW Lenoir,NC 28645 - 828-757-1300 bwhite caldwellconc.ora Hot Line: 828-757-1325 Website Information: http://www.caldwellcoupiync.or / Stormwater Plan: ht!p://www2.caldwelleouMnc.org/stormwitter/ nc.or sormwitter/ Contract Operations for Construction and Post-Construction: May 1 S,2009 2 MS4 SW Compliance Checklist PROGRAMS TO BE REVIEWED (check all that apply) ❑ Land Use Plans ❑ Interagency agreements or stormwater partnerships ❑ Legal authorities(i.e., Stormwater Ordinance,Unified Development Ordinance,Flood damage Protection Ordinance) ❑ SWMP Staff and Budget o Structural Controls and Storm Water Collection System Operation ❑ Post-construction Program ❑ Construction Site Controls ❑ Other FIELD INSPECTIONS (check all that apply) ❑ Inspection of construction sites- ❑ Inspection of structural BMPs STAFF TO BE INTERVIEWED (For each.interview note the date-and contact information.including name and title,program) May 15,2009 3 MS4 SW Compliance Checklist DOCUMENTS AND RECORDS EVALUATED (check all that apply) Background-Information ❑ Copies of interagency agreements,MOU or partnerships and/or contracts ❑ Current Stormwater Management Program ❑ 2006 Annual Report ❑ 2007 Annual Report ❑ 2008 Annual Report ❑ 2009 Annual Report. ❑ Budget ❑ Current Organizational Chart ❑ List of Stormwater Staff ❑ Stormwater Budget including capital expences Erosion and Sediment Control Program ❑ Erosion and Sediment Control Program ❑ Enforcement procedures for instances of non-compliance ❑ Structural and non-structural Best Management Practices (BMPs)requirements ❑ Criteria for BMP selection ❑ Written procedures'to conduct and document inspections ❑ Inspection frequency/schedule ❑. Inspection records ❑ Staff training plan and records ❑ Staff training plan and materials used for training ❑ Staff training records Post-Construction Stormwater Controls Ensure Ongoing Maintenance ❑ Inventory of structural controls ❑ Map of structural controls ❑ Maintenance schedule for structural controls ❑ Criteria for prioritizing maintenance needs ❑ Structural controls maintenance records documentation Plan review process ❑ Post-construction Ordinance ❑ _ Standard Operating Procedure(SOP)or description of review process ❑ . Documentation of plan review ❑ BMP Manual . ❑ Criteria for BMP selection Enforcement ❑ Inspection procedures/checklist Inspection frequency/schedule May 15,2009 4 MS4 SW Compliance Checklist ❑ Inspection records ❑ Documented Enforcement procedures for violations ❑ Enforcement Records Training ❑ . Staff training plan and materials used for training ❑ Staff training records ❑ Structural and non-structural Best Management Practices(BMPs)requirements Other Other records reviewed by DWQ(as necessary to assess the progress and results of the Permittee's Stormwater Program): May 15,2009 5 MS4 SW Compliance Checklist AUDIT QUESTIONS Erosion and Sediment Control Program Has the Permittee developed an Erosion and Sediment Control Program for construction site stormwater runoff control? If the permittee has legal authority to develop and enforce an ordinance to control construction, they must either develop a program in full, or indicate in their Stormwater Management Program how they will rely on another party to implement an Erosion and Sediment Control Program. If the permittee does not have legal authority to develop and enforce an ordinance to control either construction or post construction runoff,they must describe how they will rely on other entities that do have the necessary authority to comply with construction program. If necessary to properly implement these programs in the permittee's jurisdiction,the permittee must describe how they will cooperate with the entitythat does have legal authority to ensure proper implementation of the program area requirements. Has the Permittee developed procedures to conduct inspections and document inspections,findings and reports? Procedures might include SOP, SOG, or checklist for the review of the Erosion and Sedimentation Control and a log.book and/or a-mails to document inspections and findings: If the Penmittee relies on the State Permittee for implementation of the Soil and Erosion control program,the small MS4s must still provide general awareness training on construction site stormwater management to municipal staff and the general public, conduct random inspections within their jurisdiction of sites greater than an acre and report their observations to the implementing agency. - Does the Stormwater Management Program describe the plan to ensure compliance with the erosion and sediment control, including the sanctions and enforcement mechanisms to ensure.compliance? • How does the Permittee notify site owners/operators of their responsibilities under the City, Permittee, or State program? • What training does the Permittee provide for construction site operators? . • How does the Permittee determine that site owners or operators select appropriate BMPs for their construction sites? • How often does the Permittee inspect construction sites? - • How does the Permittee prioritize the construction sites for inspections? • What criteria are used to determine compliance at the construction site?. • What types of things do inspectors look for or observe during an inspection? • Does the Permittee's inspectors check the construction site SWPPP,site maps,monitoring and reporting records, inspection records,and records.of spills? • How long does a typical inspection take? • Does the Permittee have a checklist for inspecting construction sites? May 15,2009 6 - MS4 SW Compliance Checklist The Stormwater Management Program must describe the enforcement pri of non-compliance. Possible sanctions include non-monetary penalties(si orders),fines,bonding requirements, and/or permit denials for non-comp] Does the Permittee ensure all land disturbing activities that disturb less than an a quality, including municipal construction and maintenance projects? Denuded areas, erosion control for the site, and stabilization of the site mi The state requires that the Permittee provide general awareness training o stormwater management to municipal staff and the general public, conduc within their jurisdiction of construction less than an acre within their juris compliance with the soil and erosion regulations. Are staff qualified? Identify the number of trained staff inspectors and describe the types of tr Post-Construction Stormwater Control Has the Permittee developed by ordinance(or similar regulatory mechanism) a p stormwater runoff from new development? Pursuant to Session Law 2006-246, any new development that cumulative or more of land located in the.Permittee,must comply with the standards of Session Law 2006-246. The ordinance must be reviewed and approve to implementation. Has the Permittee developed and implemented a program to address post-constru runoff from new development and redevelopment that drains to the Permittee's 1\ an acre or more of land surface, including projects less than an acre that are part common plan of development or sale? Describe the review process including any checklist or SOPS,how many and staff training/experience,post-construction inspection procedures, an( standards are employed for structural and non-structural BMPs(i.e.the St local BMP manual that meets or exceeds the State BMP Manual). Has the Permittee developed and implemented a mechanism to require long-term maintenance of BMPs? Describe operation and maintenance practices/procedures and schedule fo stormwater controls owned/operated by the Permittee. Describe maintenance program for privately owned/operated structural stc Does the Stormwater Management Program provide training for staff and Are annual inspection reports required of permitted structural BMPs perfc professional? May l5,2009 7 Employee Training Has the Permittee has not developed and implemented a strategy to train for municipal employees? Topics should include general stormwater awareness, detecting and reporting illicit discharges, pollution prevention and good housekeeping procedures at municipal operations, and erosion and sediment control for construction sites, including those less than an acre. Conduct staff training specific for pollution prevention and good housekeeping procedures Your Pollution Prevention and Good Housekeeping program will not be effective unless you train your engineers,technicians, operators, landscapers and other relevant employees. Employees can identify and fix potential problems if they are aware of the need to protect water quality and how,their actions.can affect it. In addition,you can teach your employees to identify illicit discharges as part of the training. You should train employees at all levels of responsibility as well as onsite contractors and temporary personnel on Pollution Prevention and Good Housekeeping. You can schedule the staff training as a special program or take advantage of scheduled venues, such as departmental staff meetings,to get pollution prevention and good housekeeping information to the your employees. It will be most effective if you start with an overall training program and then have annual"refresher"trainings to remind employees about your pollution,prevention and good housekeeping program. Annual Report Has the Permittee submitted annual reports? Annual reports may be submitted on-line at: http://bims.enr.state.nc.us:7001/Welcome.do May 15,2009 8 MS4 SW Compliance Checklist Local Government Water Supply Watershed Protection Site Visit Compliance Checklist 1. Local Government(Municipality/County): 2. Inspection Date: . 3. DWQ Central or Regional Office Inspector: 4. Local Government Watershed Administrator: 5. Local Government Contact Phone Numbers: 6. Local Government Website = Does your city/town/county have a website? Does your department have its own webpage? Does the city/town/county have their WSWP ordinance online?. 7. Classifications How many WSWs are in your jurisdiction? How are they classified(WS-III-BW,WS-IV-CA,etc)? 8. WS Buffer Regulations/Requirements What are the minimum buffers required for low-density development? . What are the minimum buffers required for high-density development? Are there any special buffer provisions required in your ordinance such as for intermittent streams? How are buffers measured for compliance? 9. 10/7o Provision Do you have a 10/70 provision in your ordinance? Any ETJ acreage? Was a joint resolution approved by EMC? How much of the 10/70 have you used? How do you track the total acreage used for 10/70 allotments? Do you issue or require a Special Intensity Allocation permit for 10/70? May I see a copy of the permit? Do you require additional stormwater control measured when 10/70 is utilized? 10.High Density Ordinance Do you have a high-density option? What are the impervious limits when utilizing the high-density option? How often do you inspect stormwater control devices on approved developments? Do site plans show how stormwater is captured and managed? Can you take me to an approved wet detention pond? 11.Water Supply or Zoning Compliance Permits Do you issue WSWP permits? Do you issue a zoning compliance permit instead of a WSWP permit? Does the zoning compliance permit make reference to the WSWP areas? May I see a copy of the permit that you.issue? How many permits do you issue on an annual basis? - Where are the permit copies filed? 12. Subdivision Approval Does your subdivision approval process contain all the needed information as provided for in Appendix A of the State's Model WSWP Ordinance? May I see a copy of your subdivision checklist for WSWP areas? 13. Variances and Review Board Do you have a WSWP Review Board, or does the Board of Adjustment act in that capacity? Describe your variance procedures: Have you approved any minor variances? How are major variances handled? 14. GIS and Maps Do you have GIS capability? Do you have GIS online? Does your GIS show water supply watersheds? If you do not have GIS, what types of maps show your WSWP boundaries? If zoning maps show your WSWP boundaries,may I see a copy? 15.Interlocal Agreements Do you administer the WSWP Program on behalf of any other municipal government? How do you coordinate the development approval process? How are 10/70 allocations handled, if applicable? Who checks for impervious or buffer compliance? 16.Watershed Violations Have you ever issued a stop work order for issues related to WSWP compliance? Have you ever issued a Notice of Violation letter? How do you notify a landowner or developer when corrective action is needed? Notes: Follow-up: 11. Water Supply or Zoning Compliance Permits Do you issue WSWP permits? Do you issue a zoning compliance permit instead of a WSWP permit? Does the zoning compliance permit make reference to the WSWP areas? May I see a copy of the permit that you issue? How many permits do you issue on an annual basis? Where are the permit copies filed? 12. Subdivisiori Approval Does your subdivision approval process contain all the needed information as provided for in Appendix A of the State's-Model WSWP Ordinance? May I see a copy of your subdivision checklist for WSWP areas? 13. Variances and Review Board Do you have a WSWP Review Board, or does.the Board of Adjustment act in that capacity? Describe your variance procedures. Have you approved any minor variances? How are major variances handled? 14. GIS and Maps Do you have GIS capability? Do you have GIS online? Does your GIS show water supply watersheds? If you do not have GIS, what types of maps show your WSWP boundaries? If zoning maps show your WSWP boundaries,may I see a copy? , 15. Iuterlocal Agreements Do you administer the WSWP Program on behalf of any other municipal government? How do you coordinate the development approval process? How are 10/70 allocations handled, if applicable? Who checks for impervious or buffer compliance? - 16. Watershed Violations Have you ever issued a stop work order for issues related to WSWP compliance? Have you ever issued a Notice of Violation letter? How do you notify a landowner or developer when corrective action is needed? Notes: Follow-up: j Local Government Water Supply Watershed Protection Site Visit Compliance Checklist >.1., Local Government(Municipality/County): 2. Inspection Date:. 3. DWQ Central or Regional Office Inspector: = '4.. Local Government Watershed Administrator: 5. Local Government Contact Phone Numbers: 6. Local Government Website Does your city/town/county have a website? Does your department have its own webpage? Does the city/town/county have their WSWP ordinance online? 7. Classifications How many WSWs are in your jurisdiction? - How are they classified (WS-III-BW, WS-IV-CA, etc)? 8. WS Buffer Regulations/Requirements What are the minimum buffers required for low-density development? What are the-minimum buffers required for hi -density development? Are there any special buffer provisions required in your ordinance such as for intermittent. streams? How are buffers measured for compliance? 9. 10/70 Provision Do you have a 10/70 provision in your ordinance? Any ETJ acreage? Was a joint resolution approved by EMC? How much of the 10/70 have you used? How do you track the total acreage used for 10/70 allotments? Do you issue or require a Special Intensity Allocation permit for 10/70? May I see a copy of the permit? Do you require additional stormwater control measured when 10/70 is utilized? 10.High Density Ordinance Do you have a high-density option? What are the impervious limits when utilizing the high-density option? How often do you inspect stormwater control devices on approved developments? Do site plans show how stormwater is captured and managed? Can you take me to an approved wet detention pond? Driving Directions from Swannanoa,NC to [500-599] West Ave NW, Lenoir,NC Page 1 of 1 ..- When printingdirectlyfrom the weryour directions or map may not printcorrectly.For best results,try clickingMAP"QU the printerfrienly button. MA9QtvEST 1fta F1��T���r60 ',',Play MapQuuato Adventures to the Land of the Lose ! s,tsaa��s-: ------- __ --- — ®Swannanoa,NC 28778 501[500-599]West Ave NW Total Estimated Time:1 hour 12 minutes Lenoir,NC 28645 :53 Total Estimated Distance:64.89 miles Total Estimated Fuel Cost: --7 C> —�7 v Directions from A to B: v 1 Start out going SOUTH toward MCBRAYER AVE. 01 mi _. 12 Turn LEFT onto MCBRAYER AVE 0.0 mi Y" 3:Turn RIGHT onto RIVERVvOOD RD. 0.1 mi --- .._�_'. . .-. -._ _...__... _...... ... ._.. ............_._.- _..I......... _. 4:Turn SHARP LEFT onto US-70/BLACK MOUNTAIN HWY. 0.4 mi 5:Turn RIGHT onto PATTON COVE RD. 0.4 mi ' .. .... ..... .. ..... fa'd 8 6 Merge onto-1-40 E via the ramp on the LEFT 43.9 mi 7:Take the TON/exit,EXIT RD toward 0.2 mi MORGANON/RUTHERFOTON 8 Turn LEFT onto US-64/BURKEMONTAVE - 0.8 mi _ .. .. .. 9 Turn LEF r onto US-70/W FLEMING DR/US 64 BYP.Continue to follow US 3.8 mi 64 BYP easx 10:Turn LEFT onto LENOIR RD/US-64 E/NC 18 E.Continue to follow US-64 14.5 mi fi4 E. ._ ._ _._... .......... 11 Turn LEFT onto NC-18 BR/NC-90/HARPER AVE Continue to follow NC 18 0.7 mi BR S/NC-90 W —,GL 12 Turn SLIGHT RIGHT 0.0 mi V 13 Turn RIG HT onto W T ES AVE NW 0.0 mi 14:End at[500-599]Wesl Ave NW Lenoir,NC 28645 Estimated Time:1 hour 12 minutes Estimated Distance:64.89 miles Total Estimated Time:1 hour 12 minutes Total Estimated Distance:64.89 miles 0 14k. o 81 76 h t Glendaf25pnnAa McGradY a5tate�Eoad 93 SY e.o([hcrakee il4S, arx 11s 9aP 17 ..Mao �� 6 ne Cry 1� 21 ugar Grove Mulber Hays - }� ocean fg5ou4tam" Boon,,,._ e GaP Fat lam Ronda evslle .r'sr 10 r ar"EikA'atk 421 r� Bus F t Erb n dnok 14 t,a �&ing Rock 421 t{k zi = 6 9 iNewfand �\ a agFats 7 Boomer/"' ,•5� 4-E 1 `:�K 19 "22 BaKersvd�� F ,. .tlmo V'4etD Y 70 21 _g.b � 'Ledge�� 3 -i a n t 9y .78 11 9 6 nsvd s �pe'�r. Csollettsrodfe°r.-^`^�`�pn tr Taylorsvlle F offs H ddemt 0aid Cr k Miwviile N q`� III 16 "9- - stony�+ofm lalnutr� �elo� _ ,,21 ""- d Cajah's taio ton o ethlehgm 4, r A4arshall 7 1' t 9D Ngrth'I my�. tom' J �—� F, n 2t 4 o. y Trust 1 19 Dtllrnghasni8 a ton t"Hfckor �n anq• r routma .Weave 1 � 80twf e •tom. "Lv... — 70 .r". 'T a r �' .� o - _'h Main Vosy 0 fie " emrfGod _ erRi}I =.... Ashevild t` arnille Ltiy /0 Maia". 19 i-' "^ •. rairvtew 7 awr`• 16 ;3 . P r V 5 �• 1 r: ,64 it 23 Wayrrgs Ile at Cave Inn t 9- 1`" :`j lakawra' olkviIle 16 .{ro se t 2 oweivil Cruso MountalR om 'y]t�'+�, 64 erryv'Ile Staht . 7y Bust. , e' .fit *�ac,.p,+.' towa 74 tt 21 °tx 16" sh y revard 25 qlo s •'Hsi 8o11in,SFr 74 " el rit. 2 s t -`'64 `21 a e •."f'^'tr "- Mount Ca q iy ,., -a atkseurg Ctnw• e-Wvll 4 . rFRM1A4®PEST. pgyr.•�° , Mayo O2009MapDacstlne_MapData 92009,MapQuestinc.a-AND; #✓+tx�RiY.:ku ....{:➢.ram .. i ®:[.ZYf:wd. '.`4 Id.91:. ' All rights reserved.Use subject to License/Copyright Map Legend Directions and maps are informational only.We make no warranties on the accuracy of their content,mad conditions or mute usability or expeditiousness.You assume all risk of use.MapQuest and its suppliers shall not be liable to you for . any loss or delay resulting from your use of MapQuest.Your use of MapQuest means you agree to our Terms of Use http://www.mapquest.com/maps?l c=Swannanoa&1 s=NC&1 z=28778&l y=US&11=3 5.601... 5/28/2009 Wiggs, Linda From: DePree, Warren W[wwdepree@CI.LENOIR.NC.US] Sent: Tuesday, May 12, 2009 3:01 PM To: Wiggs, Linda Subject: FW: East-West Driving Directions to City Hall.doc Lb� My new Cell# is 828-750-0522 Warren De Pree Stormwater Management Tech City of Lenoir PO Box 958 Lenoir, NC 28645 828-757-2186 wwdepree(a)_ci.lenoir.nc.us www.cityofienoir.com Pursuant to:VC<;enerol Glances Chapter 132,Public Records,this electronic mod message and any altachments hereto,as+yell as any electronic marl message tsl'that mqy be sent in re.cpons'e to It rn<'m he eons+de red public record and as such are suhiect to request onct remeur by cnrone m any time. From: Thompson, Lora Sent: Tuesday, May 12, 2009 2:38 PM To: DePree, Warren W Subject: FW: East-West Driving Directions to City Hall.doc Lora Thompson Planning Administrative Assistant City of Lenoir P O Box 958 Lenoir, NC 28645 828-757-2107 LThompson@ci,lenoir.nc.us www.citvoflenoir.com Purcuanr ,Stauues(.•haprer 132, Public Records,this electronic mail nressogv rufd am(utac•hmenls her•ero,as well as urn•elec o onic•mail n7es.scge(s)that corn•he sent in response to it near hc•cnraruirred prrblfc•record curd as.such are,ctrly'ec•r In reque.rr and varies+'M•arrrone al nor lone. From: Reynolds, Kaye Sent: Tuesday, May 12, 2009 2:37 PM To: Thompson, Lora Subject: East-West Driving Directions to City Hall.doc DRIVING DIRECTIONS TO LENOIR CITY HALL FROM EAST Take 1-40 West to Hickory; Take Exit 123 (Highway 321 N) to Lenoir; Follow 321 N for approximately 25 miles. When you get to Lenoir Crossings — also known as Smith Crossroads (large intersection with interstate type 1 green directional signs), take a left and follow Business 18 through town. Proceed through 3 stoplights; at the 4th stoplight (you are sitting directly in front of the fire station), bare right and immediately bare back to the left. You will go up a steep hill, through 2 more stoplights. City Hall is the three-story cream-colored building beside the large monument clock directly on your left. Park in any 2 hour parking space or in one of the municipal parking lots just off West Avenue. The meeting room for the NCDDA meeting is on third floor of City Hall. DRIVING DIRECTIONS TO LENOIR CITY HALL FROM WEST From Boone/Blowing Rock: Take Highway 321 South. Follow 321 South to Lenoir Crossings— also known as Smith Crossroads (large intersection with interstate type green directional signs), take a right on to Harper Avenue and follow Business 18/Harper Avenue through town. Proceed through 3 stoplights; at the 4th stoplight (directly in front of the fire station), bear right and immediately bear back to the left on West Avenue. Follow West Avenue (steep hill)through 2 more stoplights. At the square, intersection of West Avenue and Main Street, you will see City Hall directly on your left beside the large monument clock. You may park on the street in a two hour parking zone, or proceed down West Avenue to Boundary Street, turn right at the municipal parking sign. Follow Boundary Street to Ashe Avenue. At the stoplight, turn right and proceed to the intersection of Ashe and Church Street. You may enter the parking lot from Church Street or just beyond the intersection off Ashe Avenue. The meeting room is on the third floor of City Hall, 801 West Avenue. From Asheville/Morganton: From 1-40 E take Highway 18 to Lenoir. Follow Highway 18 Mulberry Street. Turn left on Mulberry Street. Stay straight on Mulberry Street through its intersection with Harper Avenue. Just after crossing the Harper Avenue intersection, you will see a public parking lot on your left. You may park in either an 8 hour or 2 hour parking space. From the Parking lot, walk across Main Street. City Hall will be the cream colored building behind the clock to your left. The meeting room is on the third floor of City Hall; 801 West Avenue. 2 Proposed Recommendations from Wils®n Creek Study Group Existing Lots Family Minor Subdivision Major Subdivision of Record Subdivision (6 or fewer lots) (more than 6 lots)# Minimum Lot Size No No 1 Acre 2 Acres Density Average No No 3 A density avg 7.5 A density avg 50 ft Undisturbed Buffer(Wilson Creek& perennial streams) Yes Yes Yes Yes 100 ft Undisturbed buffer from Creek bank or floodplain +25 ft) No Encouraged Encouraged Yes Structures: F000dplain (new structures not permitted; floodplain OK for existing lots) No Yes Yes Yes Structures: Siting on lot (30 ft front; 25 ft rear; 10 ft sides) Yes Yes Yes Yes Slopes: Development on slopes greater than 30% discouraged; on grades of 18% or less, gravel roads& driveways allowed; asphalt required on grades greater than 18% Yes Yes Yes Yes Viewshed Protection: Roads (reduce road length, use natural terrain, minimize mudslides, preserve trees) Yes Yes Yes Yes Viewshed Protection: Clearing (limit site clearing to minimum needed for basic uses -- building site, drives,septic) Yes Yes Yes Yes Viewshed Protection: Screening (use natural vegetation to limit views of bldgs) Yes Yes Yes Yes Viewshed Protection: Tree preservation survey Encouraged Encouraged Encouraged Required Viewshed Protection: Elevation (bldg's highest point must be 20 ft below ridgeline) Yes Yes Yes Yes Desi n Standards: Siting (bldg must blend w natural surroundings) Yes Yes Yes Yes Design Standards: Bldg/Roofing Materials (must have natural 0.1., appearance; encourage "green" products) 4§6 Yes Yes Yes Design Standards: Lighting (must be shielded, no glare on night sky, no bldg illumination, no pole/street lights, limit outdoor lights) `Fes Yes Yes Yes Design Stan ards: Comm7cial Signs (use natural appearing materials, Ijj, canreet be��li/ ted�Jj � ,, i� � > '��v�.;✓,,,�, Yes -Yes Yes Yes Open Space ' s f No No No No Environmental Assesement No No No Yes Traffic Impact Studies No No No Yes #PLANNED UNIT DEVELOPMENT(PUD): Under NC law, negotiations between staff and developers can modify restrictions for major subdivisions. In the Wilson Creek Overlay District, the Study Group proposes 4 restrictions that are non-negotiable: 1) no development allowed on slopes greater than 30%; 2) deviation on density average can be vari#y by no more than 25%; 3) on multi-phased projects, only one phase at a time can be presented to PB and BoC for approval ; 4) a 30-day public review period must occur early in the approval process. 4l =� '—�+m:rca�i�:i:iscca•ia���ice_ �� �� 1"�� � T—.� �� s�rEt�i , -�'' FUTURE CEMETARY WA I AL �. ATER . ; �, • - - - 20 ® AROUND BACK STOP AND - SIDES OF BALL FIELD __ 994 -SEE SPECS FOR DETAILS 990 \ INCLUDE FENCE IN PHASE I '- g • x - ••� /• `' i, PHASE I Hi Q Q 990 -�o.. 3 - i i 15 P kD ee sEE Hi Ab T ..... n.. gee Gtn O RAI vox'sN l.x4 eiy U - ....... . T__ — -ru- GARD --o Q U a mHm SEPTIC TANK BASEBALL - o 0 SOFTBALL FIELD ELEV. IN 991.2' _ ti ELEV. OUT 99, .I C� TALL CHAIN LINK FENCE O�0 EE SPECS FOR DETAILS I _ DUCATION AL U o CLUDE FENCE IN PHASE —� — D INSTALLPHASE I- 4" CRUSHED STON H— Lo 988 P �pQ _— - MAIN FLOOR = 994• (,J") .0 15.225 ACRES RAIN `r ' '.. ARDEN q3 Q z :.. s[[sHl S DETAILS m c" GREASE TRAP&5000 GAL.SEPTIC TANK N H -�\ wq 8000 GAL. �" _ SHALL BE INSTALLED WHEN MULTI-PURPOSE W W Z C PUMP TANK -"" BUILDING IS ERECTED ALL CONNECTION SHALL I-- Q L'l-RL W DUAL _ N LA• PUMPS / BE MADE TO PUMP TANK AT THAT TIME. ¢ z 9�9 r I STORMWATER MANAGMENT �_ Z 3000�GAL a S TRAF c Ln ( EyJOUT MULTI-PURPOSE 4 MANENT \ / <"HOPE 15 2<'HDP ,4 3 - •.� - _ i -=`=- PFtAS€-1- 12Af)E$Lrt3� Y POND - j T "; 82 I sry'Aj1 R AND INSTALL 4" CRUSHED C-D TOM-970• )S..y MAIN FLOOR = 994' / •�O{�NCRf TEW 90N ,D Op J<.. q CalunCehis b5e0arole ill - J11 5<[sHl 2 s �' DUMPSTER coact.heo o�ao. /l(f^` PAD-SEE A-1.5 8 li�llll l/ 9 35. k / ia][NLa4 �' ;li;% ?..F F'f(fv_ He vs III 111 / SH Cliff: • RAIN STO r: ilil EufR:l/l ll; �' _ o �L £ R 'I ' i !K'-:�/,�j E50 GARDEN / EE DETAILIL a vs f i 978 •1 M CONCRf T�r /l;/ -- 7,,� r�l I I C SS /5..PHASE HOP 9'nmr�wlw�+ ------------ 5"HD qNq WALK; l ��l yt�� GtiJE f.gA'-A'f W.. Z O �' S•+.�LLavw., ON OF PR � 'l f N f•.r/ THRDGMSd MARKED WITH YELLOW - '!'7 lu ND OF RIS ING PLANTS - ATIONS-SEE SPECS FOR PHOTO PHASE I-GRADE PAD,FO as PARKING AND INSTALL 6" CIP 982 /\ b 2484 �Q- 2.10-08-08 EXISTING WOODS w CHB •^REVISIONS (PROTECTED PLANT AREA A88 q2 9 _ 94 98b ENLARGED STORMWAT P —GRADE PA�_'2z- ao� 6 MANAGEMENT PLAN' 9 FqR INSTALL 8" CRUSHEa�'��°^°� �P sFek s�O ACAr PROPER DRAINAGE m1wo� nw SCALE 1"=20 S 4s' °RFA a y; are<u-s.D�c _r AsPyA( ` a EC-5o 3P T IR � 4:. /bee rchiled,P.A. _ -----------Q a FALLS AANU ....- b,. — a - _ .:�. r v o. , w . 1s CJ wv.,,�j/ys � _ .. °�' L kv r •'\ � ^I�,I j�,' +� ,'•.:,i ,�� a_ O vi rwq•m� 7+ :�i e e _ 15225 ACREf' .. - i - 7T I- •�, %' 7' rw- -�1-- - __ .� ��✓W* It �, ra/ ¢ emu` „�- ---'_ / -�.. -,� r by• I` - .p'�`^^+0�",05 `a": .g�' FINAL MASTER SOIL EROSION PLAN SCALE t" = 60.00' 0 • �`� THIS PLAN IS ONLY FOR REFERENCE AND SHALL w.2494 / NOT BE COMPLETED UNTIL ALL BUILDINGS ARE �10-O8-08 ERECTED ON THE SITE. VICINITYCRa ,o MAP Q„^RENSIONS GRACE CHAPEL UNITED METHODIST CHURCH LOVELADY TOWNSHIP CALDWELL COUNTY,NC. a 91E• x eow,sss v aw,.n es•oc n `J, ` In4 O'AX P. InvWXnu ly n[7�BI[C'2DK -,,EC. EXTENDED DRY POND 1 INCH STORM, DIMENSIONS VARY-SEE SHEET A-1.5 FOR SIZES DRAIN DOWN 2-5 DAYS 3:1 SIZE, 14 oars /bee fCATCH BASINS /� SEE PLANS FOR LOCATIONS FINISHED GRADE 440 2 125 = 282.5 'a'li 'P.A. m 282.5 X 290= 1.9 AC. 65%SAND R0=P-0.25' P=1 S=1000 ,CN=98+68 N 252 SILT/CLAY =83 10%COMPOST _ (P+0.85) CN-10 2 5 STUNE =3.03 S=1000 d 11.96 '0.25 83-10 a"PVC PIPE a"PVC PIPE VOL=1.9Ac= 82,764 X 0.25 =172a CF 12 ' 2'X 862 = A RAIN GARDEN CROSS SECTION 2'X 21 X 42 = 1764 EC-6 SCALE = 1/2"=i' C� o M U7 N O Q V Q Z ATCH BASIN z S 45-6Y" 10' ¢ �— d W 6" PVC KC �24' PIPE w Q z � 42' 6 6' CD L'j o Lei J B FUTURE DRY POND CROSS SECTION NOTE:DRY POND SHALL NOT BE INCLUDED IN PHASE 1 o d EC-6 SCALE = 1/2"=1' CONSTRUCTION. SHOWN ONLY FOR STATE REVIEW. a w w 7'ASPHALT PAVING NOTE:METAL LADDER SHALL BE INSTALLED SEE SPECS Q ON OTHER SIDE OF PRE CAST BOX WITH NO STANDARD CONCRETE WALKWAY LD PIPE PENETRATIONS. BROOME FINISH �ly I I . "" r L i t — I - - f e.•„ Q4 3 1J1 I r I - IL-1II—II o 65% SAND 1 ;ItiEt .FI IMF . MIrLlai kl iT1.i t�JI Ir 3W`yrW � Lu '25% SILT/CLAY 6 BASE COARS7 ` 10% COMPOST _I I I_I 11 I " OCE RK y57 STONE TYP. SIDEWAL4; PVC PIP D K MEETS ASPHALT PAVING SCALE 1-1/2"=t' 1 :15"PIPE '< N15" PIPE VARIES W OUT 24 PIPE< 4" THICK CONCRETE SIDEWALK WITH 2<84 4 3. i tl 1 L,1�! J t 1, - w 4xWt.a W.W.F. TYPICAL) a> oBoa 4 1.[ �fL" BROOM FINISH cn �B CO I 1J-'-I I�1FJ 1 1F11 1 -=1�IL 1 'F' TTTIIr IL-rlFl I`I w•REVISIONS `� --1 I.. ..:.Ir" �:d ! :I.i'r r cL...,.:.I i I 1 a.:.` __`---- —.`—_— -- n::. __ c TYP. DETAIL FOR CATCH BASIN 7 CX 13 ALOLT SIDEWALKS TO HAVE B' TURN DOWN ALL EDGES R� 4 'f—'f' OF SIDEWALKS 8" DEEP I�BODUC EC-6 SCALE = 3/4"=t' EXPANSION JOINTS @ 30'-0" o.c AND 8" WIDE (TYPICAL) p m?NiWIM AND CONTROL JOINTS @ 5'-0" o.c. p o ^u DETAILS E TYP. CONCRETE SIDEWALKDK EC-6 SCALE = 1-1/2"=1' EC-6o VEGETATION PLAN GRACE CHAPEL UNITED METHODIST CHURCH Seodbed Prcparaaon-Permanent Seeding All slopes 3 1 ur steeper to be xeJed wnh a hsdrauhe seeder 1 Leas-e Nelast 4-G inches of fdlbmse:md uncompacteJ allowing rucks.rwu.laigecbds and other debris m remwn on the slope. A A 2.Roughrn 9npc face,by coaling g..-2-3-h.,deep.perprndiculm e•the slope. Abee 3 SprnJ hme eeenly oaerslopesmmte of ADr)p/acre. 4 Spreaa krdEger nYer xlnpe l0-1.10.ramd ofR501Ac1e. rchitetl,P,0. HiehM;rimenance Flm Arcax&C.rntle Slopes: ;�a ,°m'.,&inge.,ra:.F°iam I Remmerm:ks and drbnx that could interfere with tillage anJ the pmdN<uon n(a uniform sndlxd. _ r®I[S 2 Applvlime:mdfeniltee at of RDOe/acre&R50e1acre,xprendcs ivandincoryomted D.adepthof2<III. t. c try [xe*H Tx avanv m a larm disk pr chucl plvu tlx[s* sto.[v_i.cut xo* 3 L I,flhe xubgmde immedimely upnor u•sp—ding topsoil by Gskmg of dcplhof al lout 2mchcs PLAN VIEW � L s Tx.ry r-wai 4.Spread topsnd tp a depth o12-r inches anJ culdpuck. _ 5 Disk or harr and mkc to p,due nif—and udl pulvem<d surface Aah%rin wxD'1' T r�11 G Loosrn.wrfa r)nxt pnm 1,applying M,MI gars,vxl[x v a [ x[ 0 x[ SeI,,J—Schedule v Ixs+a[[[D i".1-11 C I'HL xlvg.v nvv slm ra_71o a T ppraq Sewhng will coke place YHudd 21 days of gay grounddistusbance.Smdwg I.HE = F mvmmnW m arrnx uherc the xeJing dW nm deYelop a n•mplem xanJ.Swd>I I.he hydrosceded or rakPd to mtd.....mulch Asphalt tack or s] .be a y. m bold the slvu m place R,a s Areas which arc npt wdaed vnd lempomry seeded arcs am to be-de]as xche,h led below AREA SEEDING CJ O SlppesAdd He Are:sx Krnmcky3l Fescue IOW^/acrc SECTION'A-A' r.aarz r7 Creeping F.— 2Orvlvae I— N—her I Ihry Fabmary 15 Add Winter Rye 50v/acre Cl) N � � U INFORMATION FOR THE ZONING ADMINISTRATOR O Z STANDARD SKIMMER JUTE NETTING(TYPICAL)FRETR Z = ROPEIEVAL SEE DETAIL (SEE OTHER DETAILS) I THIS PLAN IS BEING SUBMITTED TO THE DEPARTMENT OF ENVIROMENT nND NATl1RA1.RESOURCES t8" a LWJ 2 AT THIS TIME THERE ARE NO BUILDINGS ON THE EXISTING SITE.TI IE FIRST PHASE OF THE PROJECT WILL BE TO BUILD 2 PICNIC SHELTERS AND A BATHROOM PAVILION.A BASEBALL FIELD AND SEATING wRLL ALSO BE IN THE FIRST PHASE.ANT)THE TWO MAIN PARKING AREAS AROUND THE BASEBALL FIELD � W WILL.BE GRADED AND PAVED, 6'Pv ?.THE PICNIC SHELTERS AND THE BATHROOM PAVILION WILL BE 14'TO EVE HEI(iHT.ANI WILL BE ¢ Z CONSTRUCTED WITH METAL RIGID FRAMES. tab'-0- ::a U 4 ALI.STORM WATER ISSUES HAVE BEEN ADDRESSED ON THE SOIL EROSION CONTROL.PLAN 5'a3'.)e- p [+i 6"STONE APRON J 5 BUFFERING IS EXISTING,ALL OTHER LANDSCAPING SI IALL BE DONEE BY THE CONTRACTOR OR OWNER CROSS SECTION THRU SEDIMENT BASIN N I1J Z 6 THERE ARE NO FEMA DESIGNATED PLOOUPLAINS OR PERENNIAL WATERWAYS ON OUR PROPERTY NIS d r j 7 PLEASE SEE THIS SHEET FOR IT IF ADJACENT PROPERTY OWNERS AND THE ZONING DESIGNATIONS R IT IE CHURCH WILL BE I IXDKING BACK INTO THE EXISTING WATER IN FRONT OF THE CHURCH = J WE WILL BE INSTALLING A NEW SEPTIC SYSTEM FOR THE ENTIRE SITE PLANS ARE BEING SI BN➢HIED MAINTENANCE U TO THE INC DEPARTMENT OF FNVTRON➢ENTAL I IEALTI I AND THE NC ON SITE WASTE WATER DEPARTMENT INSPECT TEMPORARY SEDIMENT TRAPS AND EMPTY SKIMMER or ALL DEBRIS AFTER EACH PERIOD or SIGNIFICANT RAINFALL. I , 1 < REMOVE SEDIMENT AND RESTORE TRAP TO ITS ORIGINAL DIMENSIONS WHEN THE SEDIMENT HAS ACCUMULATED TO ONE-HALF THE C`� DESIGN➢E PTH OF THE TRAP. PLACE THE SEDIMENT THAT IS REMDvED IN A DESIGNATED DISPOSAL AREA AND REPLACE THE 'THE PLUMBING CONTRACTOR WILL PULL HIS PERMIT ONCE THE PLUMBING PLANS ARE COMPLEEF,D CONTAMINATED PART OF THE GRAVEL FACING. Q NOTE TO CONTRACTOR:plan should include provision of groundcover CHECK THE STRUCTURE FOR DAMAGE FROM EROSION OR PIPING PERIODICALLY CHECK THE DEPTH Or THE SPILLWAY TO ENSURE C 7 IT IS A MINIMUM OF 1.5 FT BELOW THE LOW POINT OF THE EMBANKMENT. IMMEDIATELY FILL ANY SETTLEMENT OF THE on exposed slopes within 15 working days or 30 calendar days(whichever is shorter) EMBANKMENT TO SLIGHTLY ABOVE DESIGN GRADE. ANY RIP RAP DISPLACED FROM THE SPILLWAY MUST BE REPLACED following completion of any phase of grading;permanent Groundcover for all IMMEDIATELY. disturbed area within 15 working days or 90 calendar days(whichever is shorter) IMMEDIATELY THAF EMBANKMENTUCTI AND ALL DISTURBEDTH AREAS ABOVE THE SEDIMENT POOL AND DOWNSTREAM FROM THE TRAP following completion of construction or development. ., W p1N C�OKi =ice W.ax� 3. EROSION AND SEDIMENTATION CONTROL PLAN `a• °_. g = GRACE CHAPEL UNITED METHODIST CHURCH NARRATIVE AND CONSTRUCTION SEQUENCE W Grace Chapel United Methodist Church has property totaling 15.225 acres.They plan to disturb approx.10 acres of the - W existing property to build the Ist phase of the New Construction.Erosion control for this project includes (� .permanent diversion ditches,permanent catch basins with drainage pipe,a permanent rock pool.and a temporary silt basin that Will remain until the entire Ist phase of construction has been completed. {L 1.Obtain a certificate and letter of approval for the erosion control plan. 2.Install the temporary construction entrance which is a 50'x I8'rock pad r,.p.zaaa at a new drive location shown on the plan.Use No 486 stone. 10-08—OB 3 Install the temporary silt basin,baffles,and skimmer with box along with the permanent catch basins no.7.13.14,15 P �Y B P 4 REVISIONS K 16. All connecting pipes shall be installed according to the sizes shown on the drawings. � 4.Start rough grading and digging the foundations for the bathrooms,picnic shelter,dugouts,and gymnasmm 5.Fine grade the parking areas and place the base course of stone. (� 6.Seed and mulch all shoulders and slopes.Close silt basin. 7 Install compacted stone surface for parkmglot Use a No.67 stone -2141 8 Finish building- �p 71°`mRrt� 9.Complete the seeding and mulching around the building and other disturbed areas.Use a grain"Wheat" p g<^ram[ROSM DHAS in combination with a Fescue on all sloped surfaces of 3:1 or greater p� 12deaEy..Dwc 10.Inspect the total project area and repair with seeding all spot disturbed areas. The project must be totally stabilized to prevent erosion. Impervious CalcWminm �x>un�v roR nre DernA n- THEMNNTRACTOFPROPERTY=16,225 acre<+�r-1-1 i;26,llsv{I LE>sE xElnAu ln'Eox..uno rxe zovrxc nDna v-tx>ruann Twssx�-r aMor P.)?R�'t.WDNATURLL ZEv>VNL'Es 36i�ofTOTAL PROPERTIES=5.N4 ACRES OR 25$,J?`,6'6')}" vrxE cvslTNu srem unaT UN _ Arwlsn.s 11 r 36%.f BATHROOM PROPERTIES 6[IUs.N .TIII 'EET=`BE et"row5N4Trz. rLA.—.1111 EILAn.O.A- - lTLLo—11 xroxYAND xAVE.As�EVF.xe[.11 q ,rws xoAonWNTAP'sA rn[xI�:HT[+E Ivn1`ATT`ws n11 THE xO.Ap tiJnil'TIvu LANES rAT111-1HAVE BEE+'AUu-111111E11Ex+r'ION coMROLeL>n' (2)PICMCSHELTERS= 2680 sy.tl. /1 uBI. 1ou OrraorERTY-TIE Ea�.srn�.:IROI YA'I Twsn l.Awxuo,Lot xrl�neo[nxm.wu uvDscAam'o sxuLne w.ve av Txe cun-tnAl-roa TENMN9COLJRT= iaRAsy N. G� ruLLr wlu se aEAxo,.>nnraLEU EOa n¢nE.r awwwo naeu-E tAranoN nE rxELm wsrxarExn ansxET GALL COURT=a7ao: n ., AEnulnl.>�011,�[,ATna,Tl,ff r,.RErx L� [ TxEAI,I,InoNor "Esc;„Is FE;E.a„FE',;,[;'�•;ELFE bee NEW atnI.DINCS FT.PRNT=5),991 sq.11. ixenwN.wxmwxYAVDmEEuuc>mnAl.w „n rxEa+[rn v waL BE INSTALLING A NEIY RErrn:TA sys7E.v FOR TxEner BIMER S-111;"It—x.AS eEEx oI AfChlfetf,P.A NEW PAVING= 123.171 sq 1i FPETGnT:Devwul'F]usFD.IVIL E.NG[NEml nnn�crlo.+ m'Tx E.+ITRonIa+T,u xaA1 r .. I THE NEW SIDEWALKS 27.9J7 eq.fl. - Axrnm'.>EN>rxGNru xEAtn[.ANUO..s[TE `am NEW DIIGOUTS(2)= 1.216 Eq.h. a T>wc TOTAL IMPERVIOUS AREZ=.OR 50AR FALLS AEv NUEL e� Lj - q'�',:,"a=�Sas _ � .- •.,z.:. _ � p � Z' � ,ice� ~ ¢� r r > z/. •a � \\�[ ' ALL AREAS SUAR A'DIVGE\I.StINti � `s'9y'""nvn J{ ipy�+�a DRAw FIELD APEA M �' � y �a"hj• l'r �,\ 30A ,quy lu "`t,G hOFPA�OFyRO CONSTRUCTION MASTER SOIL EROSION PLANt \ FFnc s ozN['vly"k11n' �a`,wG•c. A 5� / SCALE 1" = 60.00' cr w:2484 .2Io—oa—os SITE INFORMATION: SIO VICINITY MpP Q HB REVISIONS A GRACE CHAPEL UNITED METHODIST CHURCH 1& 's LVOVELADi[TO�St P CALDAELL COUNTY,N.C. o[o x[c[a[xc em.av a c[�o.. s z w+xeur a e•Aw w •a•xi a .9TE- CGF - ' • Acne sm rnwu1A-a�x.wvwwAmv ztalvl xi Er.ow xm AcnEs vE M9[-80�➢EA OMt C76[-9:Y RAvo[4 ,[s[a,cua�..ma+xro'rs e..a e�s•w or Nc uw su+sNG+m m.as ixn •✓Y Q^ mw5gt[AC610X RAN n[..noNs s.Gw.ra[e+so oti AN.ssu�m a[..nc. m .vvxonu.mr mz ssAgs �iiPxic xuE rz[+ I—cxo+m IUJ cw 1I 719.EC-IDwG uo 9 O rom: Edwards, Roger Sent: Thursday, July 23, 2009 2:13 PM To: Wiggs, Linda; Cranford, Chuck; Wilson, Susan A; Barnett, Kevin; Davis, Roy Subject: FW: County responds to state stormwater probe Attachments: ATT00001.c You may have already read this Roger Edwards- Roger.Edwards@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Massengale, Susan [mailto:susan.massengale@ncdenr.gov] Sent: Wednesday, July 22, 2009 10:23 AM To: denr.dwq.clips@lists.ncmail.net Subject: County responds to state stormwater probe From the Lenoir News-Topic County responds to state stormwater probe Paul Teague Jul 22, 2009 Caldwell County has filed a letter of response relating to the finding of 15 violations last month by the North Carolina Division of Water Quality concerning the county's stormwater program. The letter—reviewed by the Caldwell County Board of Commissioners and interim County Manager Bobby White and signed by Commission Chairman Ben Griffin—stipulates that the county is abiding by Water Protection Act requirements and has transferred mandated stormwater control activities to the City of Lenoir on behalf of the affected municipalities at no direct local cost. In addition, the letter seeks to address the violations, including the lack of adequate records for the program when it was under county control. Last month, officials from NCDWQ made an on-site visit with county officials. Their findings included possible sanctions of $25,000 per day per violation, though an NCDWQ official said he doubted civil penalties, if any, would be that severe. Four years ago, Caldwell County and most of the county municipalities were permitted to provide stormwater control and education programs that became effective in October 2007. The affected municipalities—including Lenoir, Gamewell, Granite Falls, Sawmills, Hudson and Cajah's Mountain—are required to provide stormwater mitigation for new development as part of federal Environmental Protection Agency regulations that are a part of the Clean Water Act. i et-cutting move in March, the county terminated most of the employees in the Caldwell County Planning ncluding personnel involved in the stormwater program. The county transferred funds and equipment to to continue the program for the municipalities, but Caldwell County remains as a co-permittee for the Op water effort. The program will be paid for through the end of the 2012-13 fiscal year through contributions from the ty's Sales Tax Reinvestment Fund. White said the county is seeking consultation with state officials in order to relieve the county of its co-permitted status. "The City of Lenoir is serving as the implementing agent for all the municipalities," the letter states. "The program is now staffed, and the city is responsible for the mandated actions relating to the stormwater program." As for the missing records, the letter states, "We are most disappointed a better record trail was not available for your review during the visit. Moving forward we are confident this situation will not occur with the City of Lenoir. "The county manager has communicated with our former planning director(Randy Feierabend) seeking his suggestion on how to produce many of our records." The document also stipulates the lack of active projects in the county, due to the present economic climate. According to current records, there are only two active projects subject to stormwater regulations in the county jurisdictions, and four others that are categorized as stabilized on hold projects. "The vast majority of staff activities prior to the transition involved the education and organizational aspects of the program,"the letter states. In a closing statement, the letter notes, "We understand our particular actions are somewhat unique, however, we wish to stress again our belief the action did not violate the spirit of an ongoing unified stormwater program. "In hindsight, we perhaps should have paralleled our local action with a more formal effort to adjust the permit to reflect the intended implementation change of responsibility. We would hope the state staff and leadership will continue to work with the county and municipalities in carrying out this mandated program." Susan Massengale Public Information Officer DENR-Division of Water Quality 1617 MSC,Raleigh,NC 27699-1617 (919)807-6359;fax(919)807-6492 Please note: nry e-mail address has changed to susan.massengale(u�ncdenngov E-mail correspondence to and from this address ma.),he sulhject to the N'orlh (.'arolina Public. Records Law and ina),be disclosed to third!xn•!ies. 2 PPF, NC®EN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary . June 23,2009 Ben Griffin,Chairpersod. Caldwell County Board of Commissioners 905 West Avenue NW Lenoir,NC 28645. - Subject: . Notice of Violation and Recommendation for Enforcement NPDES-and WSWP Programs Caldwell County Dear Mr.Griffin: The North Carolina Department of Environment and Natural Resources(NCDENR),Division of Water Quality(DWQ),conducted a Stormwater Compliance Audit of Caldwell County on June 2009. The purpose of the-audit was to evaluate the County's compliance with the requirements of Section 402(p)of the Cl6an-Water Act(CWA),33 U.S.C. § 1342(p),the regulations promulgated there under.40 Code of)federal Regulations Part 122.26,the North Carolina National Pollutant Discharge Elimination System(NPDES)Permit No.NCS000474,effective October 1,2005,and the, Water Supply Watershed Protectiori'Act under N.C.G.S: 143-214.5. We appreciate the willingness of the County staff to work with DWQ during the audit'. We would also like to express our appreciation to the City of Lenoir for their assistance during the audit. The audit team included Mike Randall,Bill Diuguid, and Bridget Munger with the Stormwater Permitting Unit and Julie Ventaloro with the Assistance and Compliance Oversight Unit from DWQ Central Office in Raleigh,NC. The DWQ Asheville Regional Office was represented by Linda Wiggs and Roy Davis. In compliance with the regulations promulgated and adopted.by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act the County of ' Caldwell,the City of Lenoir,and the Towns of Cajah's Mountain, Gamewell,Granite Falls,Hudson, and Sawmills are authorized to discharge stormwater from their municipal separate storm sewer systems in accordance With the discharge limitations,monitoring requirements,and other conditions set forth in NPDES Permit NCS000474, including implementation of a post-construction site runoff control program to regulate new development and redevelopment by requiring-structural and non- structural best management practices to protect water quality,to reduce the potential for pollutant runoff,and to minimize post-development impacts. Wetlands and Stormwater Branch One 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 NorthCarolina Location:512 N.Salisbury St:Raleigh,North Carolina 27604 n /Phone:919-807-63001 FAX:919-807-64941 Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer The Water Supply..Watershed Protection Act(N.C.G.S §143-214.5)and Rule 1.5A NCAC 2B .0104(b)require that all local governments having land use jurisdiction within a water"supply watershed adopt and implement land use ordinances. The ordinances must meet the minimum requirements of the Environmental Management Commission's(EMC)rules under 15A NCAC 2B .0200 for the classification assigned to the watershed. Failure by a local government to administer its ordinances can result in assumption of the local program by the EMC and civil penalties pursuant to'. N.C.G.S. 143-215.6A(e): Our review of the program and documents provided at the time of the visit indicate the County is in violation of their NPDES Permit,NCS000475 for.failure to develop and implement a Post- Construction Stormwater Management Program. We also have concerns that the County may be in violation of the Water Supply Watershed Protection Act under N.C.G.S. 143-214.5 for failing to. administer its Water Supply Watershed Protection Program(WSWP). The attached document identifies our findings. DWQ request the County provide the following: • Documentation that demonstrates compliance with the NPDES stormwater post-construction program pursuant to the County's NPDES Permit. • Documentation that demonstrates-compliance with the Water Supply Watershed Protection Act under N.C.G.S. 143-214.5 and Rule 5A NGAC 2B .0104(b). • A complete listing of all building permits issued since October 1,2005 throughout the County's jurisdiction. The list should include the following information for each permit - issued: Location of project,general description of project type,date of permit issuance,total project acreage,project built-upon area,and BMP design details, as appropriate-. Please send this information to the attention of Mike Randall at NC DWQ,Wetlands and Stormwater Branch, 1617 Mail Service Center,Raleigh,NC 27604. This office requires that the violations,as detailed in the attached document,be abated and properly resolved. Pursuant to their NPDES Permit,NCS000474,.and Caldwell County''s Phase II Stormwater Ordinance, Caldwell County must implement appropriate measures,to ensure stormwater runoff from new development that disturbs an acre or more of land surface,including projects less than an acre that are part of.a larger common plan of development or sale within the'unineorporated areas of Caldwell County comply with the Post-Construction Requirements in their Permit, NCS000474,Section F,including implementation of strategies to review and approve new development,require proper design,installation,and long-term operation and maintenance of. structural BMPs;and provide for annual inspection reports of permitted structural BMPs performed by a qualified professional. The construction of any impervious surfaces without a county issued post-construction stormwater permit and/or approval,other than a construction entrance under an approved Sedimentation Erosion Control Plan,is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. PP Thank you for your attention to this matter. The Division of Water Quality is presently considering what enforcement actions to undertake including the potential assessment of civil penalties. It should be noted that these violations and any future violations are subject to a civil penalty assessment of up to$25,000.00 per day for each violation:..If DWQ receives your written response within thirty(30)calendar days of receipt of this Notice; it will be considered in this process. Should you have any questions regarding these matters,please contact Mike Randall at(919) 807-6374 or mike.randall@ncdenr.gov,or Julie Ventaloro at(919)-807-6370 or iulie.ventaloro@ncdenr.gov. Sincerely, Mike Randall Environmental Engineer Stormwater Pennitting Unit cc: Bobby White,Caldwell County Manager Mike Mitchell,EPA Region IV Bradley Bennett, Stormwater Permitting Unit John Hennessy,DWQ Assistance and Compliance Oversight Julie Ventaloro,DWQ Assistance and Compliance Oversight Roger Edwards,Asheville Regional Office/DWQ Linda Wiggs,Asheville Regional Office/DWQ Roy Davis,Asheville Regional Office/DWQ Stormwater and General Permit Unit Files Central Files Co-Permittees(City of Lenoir,and the Towns of Cajah's Mountain,Gamewell, Granite Falls, Hudson, and Sawmills) PpB!ack7goundInformation Permit Number: NCS000474, Effective Date-October 1, 2005 Permittee: The County of Caldwell,the City of Lenoir, and the Towns of Cajah's Mountain, Gamewell, Granite Falls,Hudson, and Sawmills In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended,The County of Caldwell,the City of Lenoir, and the Towns of Cajah's Mountain, Gamewell, Granite Falls, Hudson, and Sawmills are authorized to discharge stormwater from their municipal separate storm sewer systems in accordance with the discharge limitations,monitoring requirements, and other conditions set forth the NPDES permit. The North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality (DWQ), conducted a Stormwater Compliance Evaluation of Caldwell Coiinty-oi June 2,2009. The audit team included Mike Randall,Bill Diuguid, and Bridget'Miinger with the Stormwater Permitting Unit and Julie Ventaloro with the Assistance and Compliance­Oversiglit Unit from DWQ Central Office in Raleigh,NC. The DWQ Asheville Regional Office ,was represented by Linda Wiggs and Roy Davis. The purpose of the compliance audit was to evaluate, ounty�comp liance with the requirements of Section 402(p) of the Clean Water Act(CWA),3°U.S C:.�§1342(�p) the regulations promulgated there under at 40 Code of Federal Regulations Part 122.26,the;North Carolina National Pollutant Discharge Elimination System (NPDES)Permit No.NCS000474, effective October''1;2005, and the Water Supply Watershed Protection Act under N.C.G.S. 143-214.5. '""� The goal of the visit was to evaluate,�rogra Icompliance, strengthen DWQ's working relationship with the County of Caldwell,the City of Unoir and the Towns of Cajah's Mountain, Gamewell, Granite Falls, Hudson, and Sawmills, advance a better'understanding of DWQ's expectations,provide an opportunity to clarify any misunderstandings, improve DWQ's knowledge of the local stormwater programs, and promote more effective stormwater programs. Existing Local Water Quality Programs: Caldwell County and subject municipalities are required to administer a Water Supply Watershed Protection Program through local ordinances and active land use plans. Reliance on another entity to perform one or more of your permit obligations: Soil Erosion and Sedimentation Control is administered by NCDENR—DLR Interagency Agreements or Stormwater Partnerships: None Contract Operations for Construction and Post-Construction:None Programs Reviewed • Legal Authorities (i.e.,Phase II Stormwater Ordinance and Watershed Protection Ordinance) • SWMP Staff and Budget • Structural Controls and Storm Water Collection System Operation • Post-construction Program February 18,2009 MS4 Self-Compliance SW Checklist County Commissioner and County Staff Interviewed • Don Barrier, County Commissioner P.O. Box 2200,Lenoir,NC 28645 828-757-1300 dbarrier@caldwellcountync.org • Bobby White, Caldwell County Manager PO Box 2200, 905 West Avenue NW,Lenoir,NC 28645 828-757-1300, bwhite@caldwellconc.org • Kim Carter,Planning Technician, County Planning City of Lenoir Staff Interviewed • Chuck Beatty,Planning and Development Director 801 West Avenue NW,P.O.Box 958 Lenoir NC 28645 • Warren Dupree, City of Lenoir, Stormwater Group Programs that were not evaluated: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Construction Site Runoff Controls • Pollution Prevention and Good Housekeeping Field Inspections:.None' Documents and/or Records Evaluated: • NPDES Permit NCS000474,Public Notice, • Organizational Chart(before and following the recent reduction in force) • Resolution Authorizing the City of Lenoir Planning Director to Implement and Administer Caldwell County Stormwater Management Ordinance(within the areas of Caldwell County that are federally mandated under the Phase II Stormwater Rules) • Phase II Stormwater Ordinance • Caldwell County SW Basemap • Caldwell County Comprehensive Stormwater Management Report-May 10, 20042 • Caldwell county Stormwater Projects showing River Ridge, Tiano Falls,Bushtwon Mennonite, Maplewood Phase(2), Caldwell County Hospice, and Riverbend Phase(5). • Annual Stormwater Management Program Assessment NCS000474_2009,2007, and 2006 • Phase II Stormwater Management Program Assessment 2006 &2007(Pages 1 through 12 of 35)3 • Erosion and Sedimentation Control Plan Preliminary Review Checklist • Criteria for BMP selection and BMP Manual4 • Caldwell County Watershed Protection Ordinance(eff. 9-16-96) • Caldwell County Zoning Ordinance(eff.3-17-08) ' County could not provide a list of projects to visit 2 County Manager indicated that it had not been updated 3 County Manager indicated that the remaining pages were not available 4 County indicated that they used the State BMP Manual and Criteria June 3,2009 2 Caldwell County Stormwater Compliance Evaluation P p P- Cald7well ounty Subdivision Ordinance (eff. 3-17-08) • Caldwell County Watershed Map • Example Zoning Compliance Permit • Record of WS-IV SIA Development Documents and Records Requested but not available:5 ❑ Annual Report—Stormwater Assessment NCS000474_2008 ❑ Phase II Stormwater Management Program Assessment 2008 ❑ Current Stormwater Management Program ❑ Stormwater Budget including capital expences 6 ❑ List of Stormwater Staff ❑ Enforcement procedures for instances of non-compliance ❑ Written procedures to conduct and document inspections ❑ Inspection frequency/schedule ❑ Inspection records ❑ Staff training plan ❑ Staff training materials ❑ Staff training records ❑ Inventory of structural stormwater controls ❑ Map of structural stormwater controls ❑ Maintenance schedule for structural stormwater controls ❑ Criteria for prioritizing maintenance needs for structural stormwater controls ❑ Structural controls maintenance records documentation ❑ Standard Operating Procedure (SOP) or description of review process$ ❑ Documentation of plan review ❑ Post-Construction inspection procedures/checklist and inspection frequency/schedule ❑ Post-Construction inspection records ❑ Documented enforcement procedures for violations of the Post-Construction Ordinance ❑ Documented enforcement records for violations of the Post-Construction Ordinance ❑ Phase II Stormwater Map of Caldwell County showing the geographic location of all structural BMPs (County Phase II Stormwater Ordinance Section 105(D)) ❑ Administrative Manual(County Phase II Stormwater Ordinance Section 202(D)) ❑ Submittal Checklist(County Phase II Stormwater Ordinance Section 203(B) ❑ Annual Maintenance Inspection Reports (County Phase II Stormwater Ordinance Section 401(13)) ❑ Operation&Maintenance Agreements (County Phase H Stormwater Ordinance Section 402 (A)) ❑ Inspection Records conducted by Caldwell County Staff(County Phase II Stormwater Ordinance Section 403) ❑ Enforcement notices, letters and or documents (County Phase II Stormwater Ordinance Section 503). ❑ List of Zoning Compliance Permits and/or Watershed Permits issued since 1994(inception of WS Program) ❑ Inspection records for stormwater BMP's installed in Water Supply Watersheds 5 County Manager indicated that the documents requested were not available. 6 County Manager indicated there wasn't a budget nor any capital expenses dedicated for Stormwater Management. County Manager indicated there wasn't any stormwater staff. 8 Erosion and Sedimentation Control Plan Preliminary Review Checklist provided but the checklist did not include any items for post-construction stormwater review. June 3,2009 3 CaMvell County Stornmater Compliance Evaluation FINDINGS AND VIOLATIONS This document provides a summary of the compliance evaluation. Results of the compliance evaluation have been divided into categories described below: • Positive Findings. Findings that exceed expectations. Number of positive findings reported-(0) • Violation.A notice of violation is for any permit noncompliance that constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and re-issuance, or modification; or denial of permit coverage upon renewal application.Number of violations reported—(15) ' • Non-compliance. A finding that could result in a Notice of Violation,a fine or other enforcement action if corrective action is not taken. Number of non-compliance reported—(0) • Deficiency.A deficiency is 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 Standard Operating Procedures,and minor differences of interpretation or administration oversights.Number of deficiencies reported—(0) • Discrepancy. A discrepancy is an observation that would require additional information or review to determined if the city was either in or out of compliance or not in compliance. Discrepancies are often differences of interpretation or administration oversights.Number of discrepancies reported—(0) • Recommendations: Recommendations represent practices that should be considered to improve the overall effectiveness of the program.Number of recommendations reported—(1) Recommendation The resolution authorizing the City of Lenoir Planning Director to implement and administer Caldwell County Stormwater Management Ordinance within the areas of Caldwell County that are federally mandated under the Phase H Stormwater Rules extends well beyond the corporate limits(i.e.,the areas federally mandated include the entire urbanized area as defined by the US Census and not the corporate limits).The state understands that Lenoir will only be implementing with the corporate limits. Recommendation: Clarify the City's intent or understanding of"within the areas of Caldwell County that are federally mandated under the Phase II Stormwater Rules." Violation(NCS000474,Part I Permit Coverage(6) and(7)2 Failure to implement an approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act and the provisions of the County's pen-nit. Records of the existence of or any plans to develop a post-construction program was limited to the Phase II Stormwater Ordinance. The following records,requested two weeks prior to the compliance evaluations, could not be produced: • Inventory of structural stormwater controls • Map of structural stormwater controls • Maintenance schedule for structural stormwater controls • Criteria for prioritizing maintenance needs for structural stormwater controls • Structural controls maintenance records documentation June 3,2009 4 Caldwell County Stormwater Compliance Evaluation Pp-pSta7ndarrd perating Procedure(SOP) or description of review process • Documentation of plan review • Post-Construction inspection procedures/checklist and inspection frequency/schedule • Post-Construction inspection records • Documented enforcement procedures for violations of the Post-Construction Ordinance • Documented enforcement records for violations of the Post-Construction Ordinance • Phase II Stormwater Map of Caldwell County showing the geographic location of all structural BMPs(see Caldwell County Phase 11 Stormwater Ordinance Section 105(D)) • Administrative Manual(see Caldwell County Phase II Stormwater Ordinance Section 202(D)) • Submittal Checklist(see Caldwell County Phase II Stormwater Ordinance Section 203(B) • Annual Maintenance Inspection Reports (see Caldwell County Phase II Stormwater Ordinance Section 401(B) • Operation and Maintenance Agreements (see Caldwell County Phase 11 Stormwater Ordinance Section 402 (A)) • Inspection Records conducted by Caldwell County Staff(see Caldwell County Phase H Stormwater Ordinance Section 403) • Enforcement notices, letters and or documents (see Caldwell County Phase II Stormwater Ordinance Section 503). Violation(NCS000474,Part 11 Final Limitations and Controls of Permitted Discharges, Section A Programplementation,paragraph(1)) Failure to maintain adequate legal mechanisms, such as regulations, ordinances,policies, and procedures to implement all provisions of the Stormwater Plan. See previous comment recording the availability of written policies and/or procedures to implement a post-construction stormwater program. Violation(NCS000474,Part II Final Limitations and Controls of Permitted Discharges, Section A Program Implementation, paragraph(5)) Failure to maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. Most of the staff have been let go as part of a reduction in force initiative. Violation(NCS000474,Part II Final Limitations and Controls of Permitted Discharges, Section F,Post- Construction Site Runoff Contols, paragraph(2)(a)) County failed implement the requirements of the County's Phase 11 Stormwater Ordinance by failing to locate or provide the following: • Phase II Stormwater Map of Caldwell County showing the geographic location of all structural BMPs (see Caldwell County Phase II Stormwater Ordinance Section 105(D)). • An Administrative Manual(County Phase II Stormwater Ordinance Section 202(D)). • Submittal Checklist(County Phase II Stormwater Ordinance Section 203(B)). • Annual Maintenance Inspection Reports (County Phase 11 Stormwater Ordinance Section 401(B)). 9 Erosion and Sedimentation Control Plan Preliminary Review Checklist provided but the checklist did not include any items for post-construction stormwater review. June 3,2009 5 Caldwell County Stormwater Compliance Evaluation • Operation&Maintenance Agreements (County Phase II Stormwater Ordinance Section 402 (A)). • Inspection Records conducted by Caldwell County Staff(County Phase II Stormwater Ordinance Section 403). • Enforcement notices, letters and or documents (County Phase II Stormwater Ordinance Section 503). Violation(NCS000474 Part II Final Limitations and Controls of Permitted Discharges, Section A Program Implementation paragraph(8)and Section F,Post-Construction Site Runoff Contols, paragraph (2)(b)) Failure to implement a post-construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality,to reduce the potential for pollutant runoff, and to minimize post-development impacts. The county has not developed and implemented a program to address post-construction stormwater runoff from new development that disturbs an acre or more of land surface, including projects less than an acre that are part of a larger common plan of development or sale.The program must describe the review process including any checklist or SOPS,how many staff conduct reviews and staff training/experience, post-construction inspection procedures and schedules, and what technical standards are employed for structural and non-structural BMPs (i.e.,the State BMP Manual or local BMP manual that meets or exceeds the State BMP Manual). Violation (NCS000474 Part II Final Limitations and Controls of Permitted Discharges, Section A Program Implementation paragraph(8) and Section F, Post-Construction Site Runoff Contols, paragraph (2)(b)) Failure to implement a post-construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality,to reduce the potential for pollutant runoff, and to minimize post-development impacts. This program will include provisions for long-term operation and maintenance of BMPs. The county has not developed and implemented a mechanism to require long-term operation and maintenance of BMPs. The county must describe operation and maintenance practices, procedures and schedules for structural stormwater controls,training for staff and developers, and provide for annual inspections of permitted structural BMPs performed by a qualified professional. Violation(NCS000474 Part II Final Limitations and Controls of Permitted Discharges, Section F,Post-Construction Site Runoff Contols,paragraph(2)(b)) Failure to require annual inspection reports of permitted structural BMPs performed by a qualified professional. The county has not developed and implemented a mechanism to require annual inspections of permitted structural BMPs performed by a qualified professional. Violation(NCS000474,Part III Program Assessment,paragraph(1)) Failure to include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. June 3,2009 6 Caldwell County Stormwater Compliance Evaluation P P See previous comment recording the availability of written policies and/or procedures to implement a post-construction stormwater program. Violation(NCS000474,Part III Program Assessment,paragraph (2)). Failure to review and update the County's Stormwater Plan. The only plan available for review was Caldwell County's Comprehensive Stormwater Management Report received on May 10, 2004. There were no records of an annual review. Violation(NCS000474, Part III Program Assessment,paragraph (2)) Failure to submit a report to the Division on an annual basis. The Annual Report— Stormwater Assessment NCS000474_2008 and Phase H Stonnwater Management Program Assessment 2008 were not available for review. Further the 2006 and 2007 Reports were incomplete. Pursuant to 40 CFR 122.34(b)(3)the annual report must include: • The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures; • Results of information collected and analyzed, including monitoring data, if any, during the reporting period; • A summary of the storm water activities you plan to undertake during the next reporting cycle; • A change in any identified best management practices or measurable goals for any of the minimum control measures; and • Notice that you are relying on another governmental entity to satisfy some of your pen-nit obligations (if applicable). Violation(NCS000474,Part IV Reporting and Recordkeeping Requirements,paragraph(2)) Failure to retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. See previous comment recording the availability of written policies and/or procedures to implement a post-construction stormwater program. Violation (NCS000474,Part IV Reporting and Recordkeeping Requirements, paragraph (3)) For each activity performed or collected pursuant to the requirements of the permit,failure to record the . following information: (a) The dates,exact place, and time of the activity or information collected; (b) The individual(s)who perfonned the activity; (c) The techniques or methods used; and (d) The results of such activities or information collected. See previous comment recording the availability of written policies and/or procedures to implement a post-construction stormwater program. June 3,2009 7 Caldwell County Stormwater Compliance Evaluation Violation(NCS000474 Part IV Reporting and Recordkeeping Requirements paragrap7(5)) Failure to submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. See previous comment recording the availability of annual reports. Violation(NCS000474 Part V Standard Conditions Section A Compliance and Liability paragraph(1) Duty to Comply Failure to comply with all conditions of the permit. 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. See previous comment recording the availability of annual reports and written policies and/or procedures to implement a post-construction stormwater program. Violation(NCS000474 Part V Standard Conditions Section A Compliance and Liability paragraph(7) Duty to Provide Information Failure to furnish to the Director,within a reasonable time, any information which the Director may request to determine whether cause exists for modifying,revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittees shall also furnish to the Director upon request, copies of records required by the permit. See previous comment recording the availability of annual reports and written policies and/or procedures to implement a post-construction stormwater program. June 3,2009 8 Caldwell County Stormwater Compliance Evaluation 7- _ --- 40 (R/ CEO - - -- - � l� OPENING MEETING Introductions (Permittee should provide an organizational chart) Identify the purpose of the visit ❑ . Program Compliance Evaluation ❑ Stronger coordination and working relationship with the-State and regulated entity ❑ Better understanding of the state's expectations ❑ An opportunity to clarify any misunderstandings ❑ Improved State's knowledge of the permittee's stormwater program ❑ A more effective program Process ❑ Open Conference. ❑ Records Review ❑ Conduct Interviews ❑ Conduct Field Inspections ❑ Closing Conference o Identify the programs and records reviewed o Identify interviews conducted o Identify field Inspections and or site visits conducted o Identify positive findings o Identify deficiencies ■ Notice of Violation.Any permit noncompliance constitutes aviolation 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 o Identify recommendations.Recommendations represent practices that should be . considered to improve the overall effectiveness to improve stormwater management o Identify any necessary follow up(i.e.,missing records or documents) o Questions Discussion ❑ Review background information ❑ Programs to be reviewed ❑ Identify staff to be interviewed ❑ Select sites to visit ❑ Documents and records to be reviewed Questions February 18,2009 MS4 Sey-Cojnp[iance SW Checklist BACKGROUND INFORMATION Permit Number:NCS000474 Permittee: The County of Caldwell,the City of Lenoir, and the Towns of Cajah's Mountain,Gamewell, Granite Falls,Hudson,and Sawmills Existing Local Water Quality Programs: Caldwell County and participating municipalities implement the NC WSWS Protection Programs through local ordinances and active land use plans(page 4 of the County's SWMP). Reliance on another entity perform one or more of your permit obligations: Soil Erosion and Sedimentation Control:NCDENR DLR Co-Permit Information: City of Lenoir,and the Towns of Cajah's Mountain,Gamewell,Granite Falls, Hudson, and Sawmills Interagency Agreements or Stormwater Partnerships: Contact Information: Bobby White Caldwell County Manager . PO Box 2200 905 West Avenue NW Lenoir,NC 28645 828-757-1300 bwhiteCaD_caldwel lconc.org Hot Line: 828-757-1325 Website Information: http://www.caldwelleountvnc.orgJ Stormwater Plan: hM:%/www2.caldwellcoun nc.orWstormwater/ Contract Operations for Construction and Post-Construction: May 15,2009 2 MS4 SW Compliance Checklist PROGRAMS TO BE REVIEWED (check all that apply) ❑ Land Use Plans ❑ Interagency agreements or stormwater partnerships ❑ Legal authorities(i.e.;Stormwater Ordinance,Unified Development Ordinance,Flood damage Protection Ordinance): ❑ SWMP Staff and Budget ❑ Structural Controls and Storm Water Collection System Operation ❑ Post-construction Program ❑ Construction Site Controls ❑ Other FIELD INSPECTIONS (check all that apply) ❑ Inspection of construction sites ❑ Inspection of structural BMPs STAFF TO BE INTERVIEWED (For each interview note the date and contact information.including name and title,program) c i - May 1 S,2009 3 MS4 SW Compliance Checklist DOCUMENTS AND RECORDS EVALUATED (check all that apply) Background-Information . ❑ Copies of interagency agreements,MOU or partnerships and/or contracts ❑ Current Stormwater Management Program ❑ 2006 Annual Report ❑ 2007 Annual Report ❑ 2008 Annual Report ❑ 2009 Annual Report ❑ Budget ❑ Current Organizational Chart ❑ List of Stormwater Staff ❑ Stormwater Budget including capital expences Erosion and Sediment Control Program ❑ Erosion and Sediment Control Program ❑ Enforcement procedures for instances of non-compliance ❑ Structural and non-structural Best Management Practices(BMPs)requirements o Criteria for BMP selection ❑ Written procedures to conduct and document inspections ❑ Inspection frequency/schedule ❑. Inspection records ❑ Staff training plan and records ❑ Staff training plan and materials used for training ❑ .Staff training records Post-Construction Stormwater Controls Ensure Ongoing Maintenance ❑ Inventory of structural controls ❑ Map of structural controls ❑ Maintenance schedule for structural controls ❑ Criteria for prioritizing maintenance needs ❑ Structural controls maintenance records documentation Plan review process ❑ Post-construction Ordinance ❑ . Standard Operating Procedure(SOP)or description of review process ❑ Documentation of plan review ❑ BMP Manual . ❑ . Criteria for BMP selection Enforcement. ❑ Inspection procedures/checklist Inspection frequency/schedule May rs,2009 4 MS4 SW Compliance Checklist . ❑ Inspection records ❑ Documented Enforcement procedures for violations ❑ Enforcement Records Training ❑ Staff training plan and materials used for training ❑ Staff training records ❑ Structural and non-structural Best Management Practices(BMPs)requirements Other Other records reviewed by DWQ(as necessary to assess the progress and results of the Permittee's Stormwater Program): May 15,2009 5 MS4 SW Compliance Checklist AUDIT QUESTIONS Erosion and Sediment Control Program Has the Permittee developed an Erosion and Sediment Control Program for construction site stormwater runoff control? If the permittee has legal authority to develop and enforce an ordinance to control construction, they must either develop a program in full, or indicate in their Stormwater Management Program how they will rely on another party to implement an Erosion and Sediment Control Program. If the permittee does not have legal authority to develop and enforce an ordinance to control either construction or post construction runoff,they must describe how they will rely on other entities that do have the necessary authority to comply with construction program. If necessary to properly implement these programs in the permittee's jurisdiction,the permittee must describe how they will cooperate with the entity that does have legal authority to ensure proper implementation of the program area requirements. Has the Permittee developed procedures to conduct inspections and document inspections,findings and reports? Procedures might include SOP, SOG,or checklist for the review of the Erosion.and Sedimentation Control and a log.book and/or a-mails to document inspections and findings: If the Permittee relies on the State Permittee for implementation of the Soil and,Erosion control program,the small MS4s must still provide general awareness training on construction site stormwater management to municipal staff and the general public, conduct random inspections within their jurisdiction of sites greater than an acre and report their observations to the implementing agency. Does the Stormwater Management Program describe the plan to ensure compliance with the erosion and sediment control, including the sanctions and enforcement mechanisms to ensure.compliance? • How does the Permittee notify site owners/operators of their responsibilities under the City, Permittee;or State program? • What training does the Permittee provide for construction site operators? . • How does the Permittee determine that site owners or operators select appropriate BMPs for their construction sites? • How often does the Permittee inspect construction sites? • How does the Permittee prioritize the construction sites for inspections? • What criteria are used to determine compliance at the construction site? • What types of things do inspectors look for or observe during an inspection? • Does the Permittee's inspectors�check the construction site SWPPP, site maps,monitoring and reporting records,inspection records,and records.of spills? • How long does a typical inspection take? . • Does the Permittee have a checklist for inspecting construction sites? May 1 S,2009 6 MS4 SW Compliance Checklist. The Stormwater Management Program must describe the enforcement pri of non-compliance.Possible sanctions include non-monetary penalties(si orders),fines,bonding requirements, and/or permit denials for non-comp] Does the Permittee ensure all land disturbing activities that disturb less than an a quality, including municipal construction and maintenance projects? Denuded areas, erosion control for the site, and stabilization of the site mi The state requires that the Permittee provide general awareness training o stormwater management to municipal staff and the general public, conduc within their jurisdiction of construction less than an acre within their juris compliance with the soil and erosion regulations. Are staff qualified? Identify the number of trained staff inspectors and describe the types-of tr Post-Construction Stormwater Control Has the Permittee developed by ordinance(or similar regulatory mechanism) a p stormwater runoff from new development? Pursuant to Session Law 2006-246,any new development that cumulative or more of land located in the Permittee,must comply with the standards, of Session Law 2006-246. The ordinance must be reviewed and approve to implementation. Has the Permittee developed and implemented a program to address post-constru runoff from new development and redevelopment that drains to the Permittee's 1\ an acre or more of land surface, including projects less than an acre that are part common plan of development or sale? . Describe the review process including any checklist or SOPs,how many and staff training/experience, post-construction inspection procedures, an( standards are employed for structural and non-structural BMPs(i.e..the St local BMP manual that meets or exceeds the State BMP Manual). Has the Permittee developed and implemented a mechanism to require long-term maintenance of BMPs? Describe operation and maintenance practices/procedures and schedule fo stormwater controls owned/operated by the Permittee. Describe maintenance program for privately owned/operated structural stc Does the Stormwater Management Program provide training for staff and Are annual inspection reports required of permitted structural BMPs perfc professional? May 15,2009 Employee Training Has the Permittee has not developed and implemented a strategy to train for municipal employees? Topics should include general stormwater awareness, detecting and reporting illicit discharges, pollution prevention and good housekeeping procedures at municipal operations, and erosion and sediment control for construction sites, including those less than an acre. Conduct staff training specific for pollution prevention and good housekeeping procedures Your Pollution Prevention and Good Housekeeping program will not be effective unless you train your engineers,technicians, operators, landscapers and other relevant employees. Employees can identify and fix potential problems if they are aware of the need to protect water quality and how their actions.can affect it. In addition,you can teach your employees to identify illicit discharges as part of the training. You should train employees at all levels of responsibility as well as onsite contractors and temporary personnel on Pollution Prevention and Good Housekeeping. You can schedule the staff training as a special program or take advantage of scheduled venues, such as departmental staff meetings,to get pollution prevention and good housekeeping information to the your employees. It will be most effective if you start with an overall training program and then have annual"refresher"trainings to remind employees about your pollution prevention and good housekeeping program. Annual Report Has the Permittee submitted annual reports? Annual reports may be submitted on-line at: http://bims.enr.state.nc.u.s:7001/Welcome.do May 1 S,2009 8 MS4 SW Compliance Checklist Local Government Water Supply Watershed Protection Site Visit Compliance Checklist 1. Local Government(Municipality/County): 2. Inspection Date: 3. DWQ Central or Regional Office Inspector: 4. Local Government Watershed Administrator: 5. Local Government Contact Phone Numbers: 6. Local Government Website Does your city/town/county have a website? Does your department have its own webpage? Does the city/town/county have their WSWP ordinance online?. 7. Classifications How many.WSWs are in your jurisdiction? How are they classified(WS-III-BW,'WS-IV-CA, etc)? 8. WS Buffer Regulations/Requirements What are the minimum buffers required for low-density development? . What are the minimum buffers required for high-density development? Are there any special buffer provisions required in your ordinance such as for intermittent streams? How are buffers measured for compliance? 9. 10/70 Provision Do you have a 10/70 provision in.your ordinance?. . Any ETJ acreage? Was a joint resolution approved by EMC? How much of the 10/70 have you used? How do you track the total acreage used for 10/70 allotments? Do you issue or require a Special Intensity Allocation permit for 10/70? May I see a copy of the permit? Do you require additional stormwater control measured when 10/70 is utilized? 10.High Density Ordinance Do you have a high-density option? What are the impervious limits when utilizing the high-density option? How often do you inspect stormwater control devices on approved developments? Do site plans show how stormwater is captured and managed? Can you take me to an approved wet detention pond? 11.Water Supply or Zoning Compliance Permits Do you issue WSWP permits? Do you issue a zoning compliance permit instead of a WSWP permit? Does the zoning compliance permit make reference to the WSWP areas? May I see a copy of the permit that you issue? How many permits do you issue on an annual basis? Where are the permit copies filed? 12. Subdivision Approval Does your subdivision approval process contain all the needed.information as provided for in Appendix A of the State's Model WSWP Ordinance? May I see a copy of your subdivision checklist for WSWP areas? 13.Variances and Review Board Do you have a WSWP Review Board, or does the Board of Adjustment act in that capacity? Describe your variance procedures.- Have you approved any minor variances? How are major variances handled? 14. GIS and Maps Do you have GIS capability? - Do you have GIS online? Does your GIS show water supply watersheds? If you do not have GIS, what types of maps show your WSWP boundaries? If zoning maps show your WSWP boundaries,may I see a copy? 15.Interlocal Agreements Do you administer the WSWP Program on behalf of any other municipal government? How do you.coordinate the development approval process? How are 10/70 allocations handled, if applicable? Who checks for impervious or buffer compliance? .16.Watershed Violations Have you.ever issued a stop work order for issues related to WSWP compliance? Have you ever issued a Notice of Violation letter? How do you notify a landowner or developer when corrective action is needed? Notes: Follow-up: Local Government Water Supply Watershed Protection Site,Visit Compliance Checklist L. Local Government(Municipality/County): . 2. Inspection Date: 3. DWQ Central-or Regional Office.Inspector: ;...:4. Local Government Watershed Administrator: 5. Local Government Contact Phone Numbers: 6. Local Government Website Does your city/town/county have a website? Does your department have its-own webpage? Does the city/town/county have their WSWP ordinance online? 7. Classifications How many WSWs are in your jurisdiction? How are they classified(WS-III-E*, WS-IV:CA, etc)?. 8. WS Buffer Regulations/Requirements What are'the minimum buffers required for low-density development? What are the minimum buffers required for high-density development? Are there any special buffer provisions required in your ordinance such as for intermittent. .streams? How are buffers measured for compliance? 9. 10/70 Provision Do you have'a 10/70 provision in your ordinance? Any ETJ acreage? Was a joint resolution approved by EMC? How much-of the 10/70 have you used? How do you track the total acreage used for 10/70 allotments? Do you issue or require a Special Intensity Allocation permit for 10/707_ May I see a copy of the permit? Do you require additional`siormwater control measured when 10/70 is utilized? 10. High Density Ordinance Do you have a high-density option? What are the impervious limits when utilizing the high-density option? How often do you inspect stormwater control devices on approved developments? Do site plans show how stormwater is captured and managed? Can you take me to an approved wet detention pond? - 11.Water Supply or Zoning Compliance Permits Do you issue WSWP permits? Do you issue a zoning compliance permit instead of a WSWP permit? Does the zoning compliance permit make reference to the WSWP areas? May I see a copy of the permit that you issue? How many permits do you issue on an annual basis? Where are the permit copies filed? 12. Subdivision Approval Does your subdivision approval process contain all the needed information.as provided for in Appendix A of the State's Model WSWP Ordinance? May I see a copy of your subdivision checklist for WSWP areas? 13.Variances and Review Board Do you have a WSWP Review Board, or does the Board of Adjustment act in that capacity? Describe your variance procedures. Have you approved any minor variances? How are major variances handled? 14. GIS and-Maps Do you have GIS capability? Do you have GIS online? Does your GIS show water supply watersheds? If you do not have GIS, what types of maps show your WSWP.boundaries? If zoning maps show your WSWP boundaries,may I see a copy? 15. Interlocal Agreements Do you administer the WSWP Program on behalf of any other municipal government? How do you coordinate the development approval process? How are 10/70 allocations handled,if applicable? Who checks for impervious or buffer compliance? . 16. Watershed Violations Have you ever issued a stop work order for issues related to WSWP compliance? Have you ever issued a Notice of Violation letter? How do you notify a landowner or developer when corrective action is needed? Notes: i Follow-up: Caldwell County: Stormwater Projects N W E S NGN -90 2 20 JO 00 p4STATE HWy 00 9.0 VI I R 0 2.5 5 Miles H 1:240,000 'q<r W 3�D 'Fp • Stormwater Projects o-r- '�� Roads NPDES Phase II Municipalities f] Caldwell County Local Government Water Supply Watershed Protection Site Visit Compliance Checklist 1. Local Government (Municipality/County): 2. Inspection Date: 3. DWQ Central or Regional Office Inspector: 4. Local Government Watershed Administrator: 5. Local Government Contact Phone Plumbers: 6. Local Government Website Does your city/town/county have a website? Does your department have its own webpage? Does the city/town/county have their WSWP ordinance online? 7. Classifications How many WSWs are in your jurisdiction? How are they classified (WS-III-BW,WS-IV-CA, etc)? 8. WS Buffer Regulations/Requirements What are the minimum buffers required for low-density development? What are the minimum buffers required for high-density development? Are there any special buffer provisions required in your ordinance such as for intermittent streams? How are buffers measured for compliance? 9. 10/70 Provision Do you have a 10/70 provision in your ordinance? Any ETJ acreage? Was a joint resolution approved by EMC? How much of the 10/70 have you used? How do you track the total acreage used for 10/70 allotments? Do you issue or require a Special Intensity Allocation permit for 10/70? May I see a copy of the permit? Do you require additional stormwater control measured when 10/70 is utilized? 10.High Density Ordinance Do you have a high-density option? What are the impervious limits when utilizing the high-density option? How often do you inspect stormwater control devices on approved developments? Do site plans show how stormwater is captured and managed? Can you take me to an approved wet detention pond? 11. Water Supply or Zoning Compliance]Permits Do you issue WSWP permits? Do you issue a zoning compliance permit instead of a WSWP permit? Does the zoning compliance permit make reference to the WSWP areas? May I see a copy of the permit that you issue? How many permits do you issue on an annual basis? Where are the permit copies filed? 12. Subdivision Approval Does your subdivision approval process contain all the needed information as provided for in Appendix A of the State's Model WSWP Ordinance? May I see a copy of your subdivision checklist for WSWP areas? 13.Variances and Review Board Do you have a WSWP Review Board, or does the Board of Adjustment act in that capacity? Describe your variance procedures. Have you approved any minor variances? How are major variances handled? 14. GIS and Maps Do you have GIS capability? Do you have GIS online? Does your GIS show water supply watersheds? If you do not have GIS, what types of maps show your WSWP boundaries? If zoning maps show your WSWP boundaries, may I see a copy? 15.Interlocal Agreements Do you administer the WSWP Program on behalf of any other municipal government? How do you coordinate the development approval process? How are lonO allocations handled, if applicable? Who checks for impervious or buffer compliance? 16. Watershed Violations Have you ever issued a stop work order for issues related to WSWP compliance? Have you ever issued a Notice of Violation letter? How do you notify a landowner or developer when corrective action is needed? Notes: Follow-up: Davis, Roy From: Randall, Mike [mike.randall@ncdenr.gov] Sent: Friday, May 15, 2009 12:27 PM To: bwhite@co.caldwell.nc.us Cc: Bradley Bennett; John Hennessy; Julie Ventaloro; Linda Wiggs; Roy Davis Subject: May 27 Compliance Audit Please update following background information in prepration for our pending compliance audit on May 27, 2009. Existing Local Water Quality Programs: Caldwell County and participating municipalities implement the NC WSWS Protection Programs through local ordinances and active land use plans(page 4 of the County's SWMP). Reliance on another entity perform one or more of your permit obligations: Soil Erosion and Sedimentation Control: NCDENR—DLR Others?????? Interagency Agreements, MOU or Stormwater Partnerships: ????? Contact Information: Bobby White????? Caldwell County Manager PO Box 2200 905 West Avenue NW Lenoir,NC 28645 828-757-1300 bwhite@co.caldwell.nc.us Hot Line: 828-757-1325 Website Information: http://www.caldwellcountync.org/ Stormwater Plan: littp://www2.caldwelicouniync.org/stormwater/ Contract Operations for Construction and Post-Construction: ?????? list any contracts that you might have to implement Construction or Post-Constrcution. Also the annual reports I have on file for 2006, 2007, 2008 are incomplete-in particular those submitted in 2006 and 2007 are missing several pages. The County only submitted pages 1 through 12 of 35 for both years, I have nothing on file for 2008. 1 will need to see the complete annual report for all three years. It would be useful if those can be provided prior to the audit. For the opening conference I would also like a current organizational chart and a list of contacts. Mike Manning W. Puette v) l� Attorney at Law Environmental Land Use dam°Insurance Coverage Law 828-850-5853 tq 9 12 P. O.Box mwp61@hotmail.com Collettsville,N.C. 12 .c Caldwell County upyo L�1S Gy� Don Barrier y°qr ��2e County Commissioner F/CANO Residence: Office: 1545 Lee Pearson Road P.O.Box 2200 Granite Falls,N.C.28630 Lenoir,N.C.28645 Telephone:(828)728-5412 Telephone:(828)757-1300 Cell Phone:(828)850-7607 e-mail:dbarrier@caldwellcountync.org i;�- -7607 CItV O-f�enolr Lenoir Chuck Beatty;AICP,--;-- Planning&Developmenta'f-w�A � 1 ' YIiERF,L:.�T ..III' .Director. 801 West Avenue NW P.O.Box 958 2008 Lenoir NC 28645 L --yLC.,k ice.828-Z57-2168 28-850-0620 57-2162 $ tty@ci.lenoir.nc.us .com