NCS000424_Fletcher Self Audit_20201106

DRAFT PHASE II MS4 AUDIT TEMPLATE
FOR PERMITS ISSUED PRIOR TO 2019
Edit yellow highlighted items to be
specific to the MS4 being audited.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000424
Fletcher, NORTH CAROLINA
300 Old Cane Creek Road
Fletcher, NC 28732
Audit Date: 10/15/2020 (SELF AUDIT FOR
POST CONSTRUCTION ONLY — as required
Per our Notice of Violation)
Received
NOV - 6 2020
Land Quality Section
Asheville
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

MS4 Permit Audit Report
Fletcher NC: NPDES Permit No. NCS000424
I Post -Construction Site Runoff Controls I
Staff Interviewed: Eric Rufa, Planning Director/Zoning Administrator (and SW Administrator by default)
(Name, Title, Role)
(** Note —Completing self audit for post construction minimum measure only as required as part of our
NOV). We will be submitting Draft SWMP and this self audit prior to Nov. 19, 2020 deadline.
Audit Date(s): 10/20/2020 Page 19 of 47

MS4 Permit Audit Report
Fletcher NC: NPDES Permit No. NCS000424
Post -Construction Site Runoff Controls
Implementation (check all that apply):
❑ The permittee implements the components of this minimum measure.
® The permittee relies upon another entity to implement the components of this minimum measure: Henderson County handles
much of the post construction minimum measure. Our draft SWMP will address issues such as improved legal agreements and
inspection/maint practices as discussed during the audit on July 20, 2020.
❑ The permittee implements the following deemed -compliant program(s), which meet NPDES MS4 post -construction
requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A
NCAC and noted below (Complete Session Law 2006-246 section below):
❑ Water Supply Watershed I (WS-1)-15A NCAC 2B.0212
❑ Water Supply Watershed II (WS-11) — SSA NCAC 28 .0214
❑ Water Supply Watershed III (WS-III) —1SA NCAC 2B .0215
❑ Water Supply Watershed IV (WS-IV) — 15A NCAC 2B.0216
❑ Freshwater High Quality Waters (HQW) —15A NCAC 2H .1006
❑ Freshwater Outstanding Resource Waters (ORW) —15A NCAC 2H .1007
❑ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 2B .0235
❑ Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy-15A NCAC 2B .0258
❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy-15A NCAC 2B .0251
❑ Universal Stormwater Management Program — 15A NCAC 2H .1020
Ordinance(s) (check all that apply):
The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program
requirements throughout the MS4 permitted area (check all that apply):
❑ DEQ model ordinance
® MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. (*Note- To the best of my knowledge, the
Town's ordinance on post construction is DEQ compliant but I don't know that DEQ ever approved our ordinance when it was
submitted to them in 2007)
❑ DEQ approved comprehensive watershed plan
❑ DEQ approved ordinance for a deemed -compliant Program (see list above)
Instructions:
For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below.
For M54s implementing a S. L. 2006-246 deemed -compliant program, complete the Session Law 2006-246 section below. If the MS4
does not implement a deemed -compliant program throughout the entire MS4 permitted area, then complete the Permit Citation
section below for the permitted areo(s) not covered under the S.L. 2006-246 deemed -compliant program.
Session Law 2006- program Requirement Status Supporting
246 Doc No.
Audit Date(s): 10/20/2020 Page 20 of 47

MS4 Permit Audit Report
Fletcher NC: NPDES Permit No. NCS000424
Post -Construction Site Runoff Controls
Deemed -Compliant
The permittee implements deemed -compliant Program requirements in
Town of
Program(s)
accordance with the applicable 15A NCAC rules.
Fletcher
Yes
Land
Dev.
Code
The permittee implements deemed -compliant Program requirements throughout
Town of
the entire MS4 area (If not, also complete the Permit Citation section below.)
Fletcher
Yes
Land
Dev.
Code
The permittee applies deemed -compliant Program requirements to all federal,
state and local government projects within the permitted MS4 area who do not
Partial
---
have their own NPDES stormwater permit.
The permittee included deemed -compliant Program reporting in their MS4 Annual
Reports.
Not
Reviewed
The permittee included deemed -compliant Program implementation in their
Stormwater Management Plan.
Partial
---
Comments
The Town is currently working on a new SWMP. The current Post -Construction Program is administered by Henderson County
under a jointly approved Agreement. Under the new SWMP the current Agreement and Ordinances will be reviewed and
necessary improvements made.
Permit Citation
Program Requirement
Status
supporting
Doc No.
II.F.2.a
The permittee maintained an ordinance or other regulatory mechanism designed
Town of
Legal Authority
to meet the objectives of the Post -Construction Site Runoff Controls Stormwater
Fletcher
Management Program.
Yes
Land
Dev.
Code
If yes, the ordinance applies throughout the corporate limits of the permittee
(Verify permit coverage area listed in Part I.D of permit and modify
Yes
---
accordingly).
The permittee has the authority to review designs and proposals for new
development and redevelopment to determine whether adequate stormwater
Yes
---
control measures will be installed, implemented, and maintained.
The permittee has the authority to request information such as stormwater plans,
inspection reports, monitoring results, and other information deemed necessary to
evaluate compliance with the Post -Construction Stormwater Management
Yes
Program.
The permittee has the authority to enter private property for the purpose of
inspecting at reasonable times any facilities, equipment, practices, or operations
Yes
---
related to stormwater discharges.
Comments (If the permittee relies upon another entity, specifically note the legal authority that allows that entity to implement
the program within the MS4 area)
Henderson County (HC) currently handles stormwater review, permitting and inspections to make sure built as designed. The July
2020 audit revealed confusion over annual inspection requirements. Town received NOV. We are currently working on new SWMP
that will address the issues.
Audit Date(s): 10/20/2020 Page 21 of 47

MS4 Permit Audit Report
Fletcher NC: NPDES Permit No. NCS000424
Post -Construction Site Runoff Controls
II.F.2.b
Stormwater Control
The permittee utilizes strategies which include SCMs appropriate for the MS4.
Yes
---
Measures (SCMs)
Our Ord
SCMs comply with 15A NCAC 02H .1000.
Yes
ref state
design
man.
Comments
II.F.2.c
The permittee conducted site plan reviews of all new development and
Plan Reviews
redeveloped sites that disturb greater than or equal to one acre (including sites
that disturb less than one acre that are part of a larger common plan of
Yes
development or sale).
If yes, the site plan reviews addressed how the project applicant meets the
performance standards.
Yes
If yes, the site plan reviews addressed how the project will ensure long-term
maintenance.
Yes
Comments
II.F.2.d
The permittee maintained an inventory of projects with post -construction
Held by
Inventory of Projects
structural stormwater control measures installed and implemented at new
Yes
Reviewe
development and redeveloped sites.
r -HC
The inventory included both public and private sector sites located within the
Held by
permittee's corporate limits that are covered by its post -construction ordinance
Yes
Reviewe
requirements.
r -HC
Comments: Currently the County holds the project listings and Inventory of SCMs of all projects within the Town's jurisdictional
limits. Acquiring these listings and having a data base at the Town is being addressed in the new SWMP.
II.F.2.e
The permittee provided mechanisms such as recorded deed restrictions and
Deed Restrictions
protective covenants that ensure development activities will maintain the project
Yes
-
and Protective
consistent with approved plans.
Covenants
Comments
II.F.2.f
The permittee implemented or required an operation and maintenance plan for
Mechanism to
the long-term operation of the SCMs required by the program.
Yes
---
Require Long-term
Operation and
The operation and maintenance plan required the owner of each SCM to perform
Maintenance
and maintain a record of annual inspections of each SCM.
Yes
---
Audit Date(s): 10/20/2020 Page 22 of 47

MS4 Permit Audit Report
Fletcher NC: NPDES Permit No. NCS000424
Post -Construction Site Runoff Controls
Annual inspection of permitted structural SCMs are required to be performed by a
qualified professional.
Yes
Comments: During July 2010 audit, there was confusion over who was responsible for annual inspections. (absent a SWMP).
Currently the program requires an annual inspection and certification to HC from a qualified professional for all SCMs. The Town
is working on a new SWMP that will address inspections by the Town to comply with their MS4 permit.
II.F.2.¢
The permittee conducted and documented inspections of each project site covered
Will be
Inspections of
under performance standards, at least one time during the permit term (Verify this
No
addresse
Structural
is a permit condition in Part II.F.2.g of permit and modify accordingly).
d in new
Stormwater Control
SWMP
Measures
Before issuing a certificate of occupancy or temporary certificate of occupancy, the
permittee conducted a post -construction inspection to verify that the permittee's
performance standards have been met or a bond is in place to guarantee
Yes
---
completion(Verify this is a permit condition in Part II.F.2.g of permit and modify
accordingly.
The permittee developed and implemented a written inspection program for SCMs
installed pursuant to the post -construction program (Verify this is o permit
No
condition in Part II.F.2.g of permit and modify accordingly.
The permittee documented and maintained records of inspections.
No
---
The permittee documented and maintained records of enforcement actions.
No
---
Comments Town will address all deficiencies noted in our NOV with the drafting of the new SWMP and procedures will be
Improved upon to ensure annual inspection requirements are being met. (We are under an active NOV w/ new SWMP due to
state by Nov. 19 2020.)
II.F.2.h
The permittee made available through paper or electronic means, ordinances,
Educational
post -construction requirements, design standards checklists, and other materials
Materials and
appropriate for developers.
Training for
Note: New materials may be developed by the permittee, or the permittee may use
Yes
---
Developers
materials adopted from other programs and adopted to the permittee's new
development and redevelopment program.
Comments (If the permittee has adopted materials from other programs, indicate here which materials they are using)
SW requirements covered under Article 6 of the Town's Land Development Code. Henderson County reviews plans and issues
permits and inspects prior to CO issuance for the Town.
Audit Date(s): 10/20/2020 Page 23 of 47

MS4 Permit Audit Report
Fletcher NC: NPDES Permit No. NCS000424
Post -Construction Site Runoff Controls
II.F.2.1 Enforcement
The permittee tracked the issuance of notices of violation and enforcement
actions.
Partial
If yes, the tracking mechanism included the ability to identify chronic violators
Choose
for initiation of actions t6 reduce noncompliance.
an item.
Comments
Town's new SWMP will address any violations/deficiencies.
II.F3.b
The permittee fully complies with post construction program requirements on its
New Development
own publicly funded construction projects.
Partial
Comments
The Town only has one facility that was built under NPDES rules. During our audit In July, we learned more about specific
requirements and are In process of having our SCM inspected and maintained. This will continue going forward under new
SWMP
II.F3.c
Does the MS4 have areas drainingto Nutrient Sensitive Waters NSW
(NSW) to
Nutrient Sensitive
15A NCAC 02H .0150?
No
Waters
If yes, does the permittee use SCMs that reduce nutrient loading in order to
Choose
meet local program requirements.
an item.
If yes, does the permittee also still incorporate the stormwater controls
Choose
required for the project's density level.
an item.
If yes, does the permittee also require documentation where it is not feasible to
Choose
use SCMs that reduce nutrient loading.
an item.
Comments (Provide reference for local requirements)
II.F.3.d
The permittee ensured that the design volumes of SCMs take into account the
HC
Design Volume
runoff at build out from all surfaces draining to the system.
Yes
reviews
Where "streets" convey stormwater, the permittee designed SCMs to be sized to
treat and control stormwater runoff from all surfaces draining to the SCM including
Not
Reviewed
streets, driveways, and other impervious surfaces.
Comments
Audit Date(s): 10/20/2020 Page 24 of 47