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Home My WebLink AboutNCS000584_Lexington Self-Audit_20200929 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM SELF-AUDIT REPORT NPDES PERMIT NO. NCS000584 LEXINGTON, NORTH CAROLINA 28 West Center Street Lexington, North Carolina 27292 Audit Date: September 29, 2020 Report Date: November 3, 2020 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 Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 i (This page intentionally left blank) MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 ii TABLE OF CONTENTS Audit Details .................................................................................................................................................. 1 Permittee Information .................................................................................................................................. 2 Supporting Documents ................................................................................................................................. 3 Post-Construction Site Runoff Controls ........................................................................................................ 4 Total Maximum Daily Loads (TMDLs) ........................................................................................................... 9 Appendix A: Supporting Documents DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to impl`1ement the approved Stormwater Management Plan in accordance with the issued permit. MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 iii (This page intentionally left blank) MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Details Audit ID Number: Audit Date(s): NCS000584 Lexington MS4 Audit 20200929 September 29, 2020 Minimum Control Measures Evaluated: ❑ Program Implementation, Documentation & Assessment ❑ Public Education & Outreach ❑ Public Involvement & Participation ❑ Illicit Discharge Detection & Elimination ❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program ® Post -Construction Site Runoff Controls ❑ Pollution Prevention and Good Housekeeping for Municipal Operations ® Total Maximum Daily Loads (TMDLs) Field Site Visits: ❑ Municipal Facilities. Number visited: Choose an item. ❑ MS4 Outfalls. Number visited: Choose an item. ❑ Construction Sites. Number visited: Choose an item. ❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item. ❑ Other: Number visited: Choose an item. ❑ Other: Number visited: Choose an item. Inspector Conducting Audit Name, Title Organization Zack MacKenzie, Stormwater Administrator City of Lexingtor Audit Report Author: Zack MacKenzie Date: Signature � 1 I /3/ 2 a 2 0 Audit Report Author: Date Signature Audit Date: September 29, 2020 Page 1 of 11 MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 2 of 11 Permittee Information MS4 Permittee Name: City of Lexington Permit Effective Date: November 11, 2016 Permit Expiration Date: November 11, 2021 City, State, ZIP: 28 West Center Street, Lexington, NC, 27292 Date of Last MS4 Inspection/Audit: July 23, 2020 Co-permittee(s), if applicable: Permit Owner of Record: Terra Greene Primary MS4 Representatives Participating in Audit Name, Title Organization Roger Jones, Public Services Manager City of Lexington MS4 Receiving Waters Waterbody Classification Impairments Swearing Creek C 303(d), Ecological/Biological Integrity of Benthos Rat Spring Branch C None Tar Creek C None North Potts Creek (Michael Branch) C None Abbotts Creek C Ecological/Biological Integrity of Benthos Abbotts Creek WS-V, B 303(d), Fecal Coliform, Copper, Nutrients, Ecological/Biological Integrity of Fish, Ecological/Biological of Benthos MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 3 of 11 Supporting Documents Item Number Document Title When Provided (Prior to/During/After) 1 Land Development Ordinance Chapter 12, Article 1, Sections 3.11-3.18 Prior to 2 Stormwater Management Plan Prior to 3 AWCK Contract Prior to 4 Stormwater Management Permit Prior to 5 Operation and Maintenance Agreement Prior to 6 Stormwater Control Measure Map Prior to MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 4 of 11 Post-Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) Roger Jones, Public Services Manager 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: ☐ The permittee implements the following deemed-compliant program(s), which meet NPDES MS4 post-construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below (Complete Session Law 2006-246 section below): ☐ Water Supply Watershed I (WS-I) – 15A NCAC 2B .0212 ☐ Water Supply Watershed II (WS-II) – 15A NCAC 2B .0214 ☐ Water Supply Watershed III (WS-III) – 15A NCAC 2B .0215 ☐ Water Supply Watershed IV (WS-IV) – 15A NCAC 2B .0216 ☐ Freshwater High Quality Waters (HQW) – 15A NCAC 2H .1006 ☐ Freshwater Outstanding Resource Waters (ORW) – 15A NCAC 2H .1007 ☐ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 2B .0235 ☐ Tar-Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy – 15A NCAC 2B .0258 ☐ Randleman Lake Water Supply Watershed Nutrient Management Strategy – 15A NCAC 2B .0251 ☐ Universal Stormwater Management Program – 15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ☒ DEQ model ordinance ☐ MS4 designed post-construction practices that meet or exceed 15A NCAC 02H .1000. ☐ DEQ approved comprehensive watershed plan ☐ DEQ approved ordinance for a deemed -compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed-compliant program, complete only the Permit Citation section below. For MS4s implementing a S.L. 2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted area(s) not covered under the S.L. 2006-246 deemed-compliant program. MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 5 of 11 Post-Construction Site Runoff Controls Permit Citation Program Requirement Status Supporting Doc No. II.F.2.a Legal Authority The permittee maintained an ordinance or other regulatory mechanism designed to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Management Program. Yes 1, 2 If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part I.D of permit and modify accordingly). Yes 1, 2 The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater control measures will be installed, implemented, and maintained. Yes 1, 2 The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post-Construction Stormwater Management Program. Yes 1, 2 The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations related to stormwater discharges. Yes 1, 2 Lexington has adopted the NCDEQ model ordinance for stormwa ter regulations. These regulations are enforceable within the city limits of Lexington (Ordinance Sections 3.11.5 and 3.11.8, SWMP Section 7.5). The Stormwater Administrator has the authority to issue Stormwater Permits and review site and SCM Design plans for new development and redevelopment (Ordinance Sections 3.12 and 3.13.6, SWMP Section 7.5). The City of Lexington has a right of entry to inspect any facilities or practices related to stormwater discharges (Ordinance Sections 3.14.4 and 3.15.4). II.F.2.b Stormwater Control Measures (SCMs) The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 1, 2, 4 SCMs comply with 15A NCAC 02H .1000. Yes 1, 2, 4 Lexington adheres to the criteria and standards of the NCDEQ Stormwater BMP Manual for review and approval of acceptable stormwater treatment practices (Ordinance Sections 3.11.10 and 3.13.6, SWMP Section 7.5). A Stormwater Management Permit Application must be submitted and approved before development of a site begins. II.F.2.c Plan Reviews The permittee conducted site plan reviews of all new development and redeveloped sites that disturb greater than or equal to one acre (including sites that disturb less than one acre that are part of a larger common plan of development or sale). Yes 3, 4 If yes, the site plan reviews addressed how the project applicant meets the performance standards. Yes 3, 4 If yes, the site plan reviews addressed how the project will ensure long-term maintenance. Yes 3, 4, 5 Site plans are currently reviewed for stormwater control design and standards by Josh Johnson at Alley, Williams, Carmen, & King. Plans are reviewed to ensure compliance with the standards of the NCDEQ Stormwater BMP Manual. A signed and sealed Operation and Maintenance Agreement is required with the application for a Stormwater Permit. Notes are also included on site plans stating that owners are responsible for maintenance of structural BMPs. MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 6 of 11 Post-Construction Site Runoff Controls II.F.2.d Inventory of Projects The permittee maintained an inventory of projects with post-construction structural stormwater control measures installed and implemented at new development and redeveloped sites. Partial 6 The inventory included both public and private sector sites located within the permittee’s corporate limits that are covered by its post-construction ordinance requirements. Partial 6 There is no official inventory, however, documents are kept on hand related to the stormwater approval process (e.g. site plans, inspection records, maintenance agreements, correspondence, etc.). Since the issuance of the NPDES Permit, three new private development projects have begun that triggered stormwater regulations. To date, none of the SCMs associated with the sites have been completed. There have been no public projects requiring permanent stormwater control. The three SCMs under construction in the city limits have been mapped. II.F.2.e Deed Restrictions and Protective Covenants The permittee provided mechanisms such as recorded deed restrictions and protective covenants that ensure development activities will maintain the project consistent with approved plans. Yes 1 Lexington ordinance states that the approval of a stormwater permit requires an enforceable restriction on property usage tha t runs with the land, such as a recorded deed restriction or protective covenants, to ensure that development activities maintain the project consistent with approved plans (Ordinance Section 3.13.4). II.F.2.f Mechanism to Require Long-term Operation and Maintenance The permittee implemented or required an operation and maintenance plan for the long-term operation of the SCMs required by the program. Yes 1, 2, 4, 5 The operation and maintenance plan required the owner of each SCM to perform and maintain a record of annual inspections of each SCM. Yes 1, 2, 4 Annual inspection of permitted structural SCMs is required to be performed by a qualified professional. Yes 1, 4 Operation and Maintenance Plans are required to be submitted with the Operation and Maint enance Agreements. The O&M Plans and Agreements note that the owners are responsible for annual maintenance and inspections and submittal of the inspection reports to the city. Lexington stormwater ordinance and the stormwater permits state that a qualified professional must perform the annual inspections (Ordinance Section 3.14.1, SWMP Section 7.5). The Operation and Maintenance Plans are obtained from the NCDEQ website. II.F.2.g Inspections of Structural Stormwater Control Measures The permittee conducted and documented inspections of each project site covered under performance standards, at least one time during the permit term (Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly). NA --- Before issuing a certificate of occupancy or temporary certificate of occupancy, the permittee conducted a post-construction inspection to verify that the permittee’s performance standards have been met or a bond is in place to guarantee completion(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. Partial --- The permittee developed and implemented a written inspection program for SCMs installed pursuant to the post-construction program(Verify this is a permit condition in Part II.F.2.g of permit and modify accordingly. No --- The permittee documented and maintained records of inspections. NA --- MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 7 of 11 Post-Construction Site Runoff Controls The permittee documented and maintained records of enforcement actions. NA --- The three SCMs at new private development projects within Lexington city limits have not yet been completed. Records (mostly photographs and correspondence) have been kept of inspections during the construction process. ModWash was issued a Certificate of Occupancy before the bioretention area was completed. Hampton Inn was issued a Certificate of Occupancy before the underground detention system was cleaned out for final inspection but there is a bond in place. There is no written inspection program for SCMs. II.F.2.h Educational Materials and Training for Developers The permittee made available through paper or electronic means, ordinances, post-construction requirements, design standards checklists, and other materials appropriate for developers. Note: New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permittee’s new development and redevelopment program. Partial 4 A link to the city’s stormwater ordinance can be found on the Lexington Stormwater page of the city website. Stormwater permits contain a list of required items to include on stormwater management plans and a list of documents required for permit approval and final certificate of compliance. There are no Stormwater Management Permit templates on the website. There are no templates of the other documents relevant to the permit on the website (e.g. Operation and Maintenance Agreements, Operation and Maintenance Plans, required stormwater notes for site plans and plats, inspection forms, etc.). A link to the NCDEQ Stormwater Design Manual is provided on the website. II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. NA --- If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. NA --- Given that there are no completed post-construction SCMs, there has been no need for enforcement actions. There have been no Notices of Violation issued to any of the three active sites during the construction phase. II.F.3.b New Development The permittee fully complies with post construction program requirements on its own publicly funded construction projects. NA --- Since the issuance of the permit, there have been no public projects that have met the criteria to require permanent post- construction stormwater control. MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 8 of 11 Post-Construction Site Runoff Controls II.F.3.c Nutrient Sensitive Waters Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to 15A NCAC 02H .0150? No --- If yes, does the permittee use SCMs that reduce nutrient loading in order to meet local program requirements. NA --- If yes, does the permittee also still incorporate the stormwater controls required for the project's density level. NA --- If yes, does the permittee also require documentation where it is not fea sible to use SCMs that reduce nutrient loading. NA --- According to the NCDWR Surface Water Classifications map, none of the receiving waters in Lexington are classified as Nutrient Sensitive Waters. All receiving waters are Class C except for Abbotts Cre ek Arm of High Rock Lake, which is classified as WS-V, B. II.F.3.d Design Volume The permittee ensured that the design volumes of SCMs take into account the runoff at build out from all surfaces draining to the system. Yes 1, 2 Where “streets” convey stormwater, the permittee designed SCMs to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including streets, driveways, and other impervious surfaces. NA --- Lexington adheres to the criteria and standards of the NCDEQ Stormwater BMP Manual for review and approval of acceptable stormwater treatment practices (Sections 3.11.10 and 3.13.6, SWMP Section 7.5). Since the issuance of the permit, there have been no public projects that have met the criteria to require permanent post -construction stormwater control. MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 9 of 11 Total Maximum Daily Loads (TMDLs) Staff Interviewed: (Name, Title, Role) Roger Jones, Public Services Manager Program Status: ☒ The permittee is not subject to an approved TMDL (skip the rest of this section). ☐ The permittee is subject to an approved TMDL for: name of parameter(s) and date(s) approved There ☐ is ☐ is not a Waste Load Allocation (WLA) in the approved TMDL (If there is a WLA, then complete items II.H.1-5 below. If there is not a WLA, skip to item II.H.6 below) Permit Citation Program Requirement Status Supporting Doc No. II.H.3 TMDLs Within 12 months of final TMDL approval, the permittee’s annual reports included a description of existing programs, controls, partnerships, projects and strategies to address impaired waters. NA --- Within 12 months of final TMDL approval, the permittee’s annual reports provided a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. NA --- Based on the most recent TMDL Final Report for the Yadkin -Pee Dee River Basin on the NCDEQ website, no waterbodies in Lexington are subject to a TMDL. II.H.4 TMDLs Within 24 months of final TMDL approval, the permittee’s annual reports included an assessment of whether additional structural and/or non-structural BMPs are necessary to address impaired waters. NA --- Within 24 months of final TMDL approval, the permittee’s annual reports included a brief explanation as to how the programs, controls, partnerships, projects and strategies address impaired waters. NA --- Comments II.H.5 TMDLs Within 36 months of final TMDL approval, the permittee’s annual reports included a description of activities expected to occur and when activities are expected to occur. NA --- MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 10 of 11 Total Maximum Daily Loads (TMDLs) Comments II.H.6 TMDLs If there is no Waste Load Allocation in the approved TMDL, the permittee evaluated strategies and tailored and/or expanded BMPs within the scope of the six minimum measures to enhance water quality recovery strategies in the watershed(s) to which the TMDL applies. NA --- The permittee described strategies and tailored and/or expanded BMPs in their Stormwater Management Plan and annual reports NA --- Comments MS4 Permit Audit Report Lexington, NC: NPDES Permit No. NCS000584 Audit Date: September 29, 2020 Page 11 of 11 APPENDIX A: SUPPORTING DOCUMENTS