NCS000434_Archdale Draft SWMP Attorney Letter_20201027

PH
ROBERSON HAWORTH
Talent •Teamwork •Tradition
Elizabeth M. Koonce
September 28, 2020
Mr. David Joseph Seneres, PE, PWLF
Stormwater Program Manager
For the City of Archdale
307 Balfour Drive
Archdale, North Carolina 27263
RE: Review of DRAFT Stormwater 1Vlanagement Plan
Dear Mr. Seneres:
I have reviewed the DRAFT Stormwater Management Plan ("DRAFT S WMP") provided
to me by you on August 31, 2020.
I have compared the provisions of the DRAFT SWMP to those colmnents noted in the
Program Audit Report prepared on February 17, 2020 by representatives %J the North Carolina
Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
Stormwater Program ("the Audit Report") for the purpose of making sure that the DRAFT SWMP
addresses those concerns set forth in the Audit Report.
Overall, I believe the City's Draft SWMP meets the criteria of the MS4 Program set forth
in the Audit Report, based on the following observations:
1. On Page 4 of the Audit Report, it is noted that while all city employees are "trained and
involved in Stormwater", the organizational chart "does not indicate which employees are
responsible for which components". I believe that listing you as Stormwater Program Manager in
the Draft S WMP is appropriate and correct, because in the City of Archdale, you as the Stormwater
Program Manager have the sole responsibility for ensuring that the requirements of the Stormwater
Program are met — and in fact you are the only employee of the City of Archdale who has the
necessary training to apply those requirements legally and correctly.
Attorneys & Counselors at Law
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2. To address those concerns listed on Page 5-7 of the Audit Report, the City will have a
Stormwater Management Plan when the DRAFT SWMP is approved, and provisions have been
made on the City's website to post the final SWMP on-line. The DRAFT SWMP also includes
written procedures containing specific action steps, schedules, resources and responsibilities for
implementing the six minimum measures (See Parts 5-10 of the DRAFT SWMP).
3. Page 9 of the Audit Report cited the need for a "Stormwater hotline / helpline for the
purpose of public education and outreach". The City has recently re -designed its website to include
a Citizen Request Tracker, where citizens can ask questions and report problems. This system
should work well for those citizens with fair computer skills and the time to log in, type in their
information and a description of the question or problem, but for those true emergencies, or for
those citizens who do not have access to a computer, there is no clear way to file a complaint or
report a problem, particularly in an emergency. A call to the main City Number (336431-9141)
only refers one to the Police Department for a "Water -Sewer Emergency", and only the
Stormwater Program Manager's direct work number at his City desk is listed on the City's website.
A call to that number requires a caller to leave a message. I would suggest that the City also 1)
include a telephone number for assistance somewhere on the Citizen Request Tracker "home page"
and, 2) a message on the Stormwater Program Manager's direct work number indicating that the
line is monitored via email messaging.
4. The Audit Report noted that while the "construction Stormwater program had been
implemented well", sites considered to be non -compliant were not immediately followed up with
a Notice of Violation (See Page 18 of the Audit Report). I have reviewed the Stormwater Program
Manager's process in documenting and following up on non -compliant conditions at a particular
site, and am satisfied that his procedures in ensuring compliance with the SWMP are within his
discretion in interpreting the requirements of the SWMP and how it is applied in non-compliance
cases.
I appreciate the opportunity to be a part of the City of Archdale's Stormwater Program,
and hope that these comment$are useful.
Very truly yours,
r� U
Elizabeth M. Koonce
Attorney for the City of Archdale