Loading...
HomeMy WebLinkAboutNCS000402_06_2018-19 Mebane NPDES Phase II Stormwater Annual Report_20210607NPDES Phase II Stormwater Annual Report City of Mebane Fiscal Year 2018 - 2019 Prepared by: Josh Johnson, P.E. rI! Phil Ross Stormwater Program Coordinator alley, williams, carmen & king, inc. engineers and architects 740 chapel hill road - post office box 1179 burlington, north carolina 27216-1179 Phone: (336) 226-5534 Fax: (336) 226-3034 City of Mebane Stormwater Annual Report 2018 Report Outline • Introduction • NPDES Phase II o Minimum Control Measures ■ Public Education and Outreach ■ Public Involvement and Participation ■ Illicit Discharge Detection and Elimination ■ Construction Site Runoff Controls ■ Post Construction Stormwater Management ■ Pollution Prevention and Good Housekeeping • Impaired Waters and TMDL Waters o Listing of Impaired Waters ■ Impairment Type ■ Timeline for Improvements ■ Current Status • Jordan Lake Rules Compliance o Overview, Background, and Implementation Schedule o Riparian Buffer Protection Program o New Development Program o Existing Development Stage 1 Programs o Future Existing Development Stage 2 Programs • Stormwater Funding • Future Issues • Program Contacts Page 2 of 21 City of Mebane Introduction Stormwater Annual Report 2018 On July 1, 2005, The North Carolina Division of Water Quality (DWQ) in the Department of Environmental Quality (DEQ), formerly DENR, began issuing Phase II stormwater permits to municipalities in North Carolina under the National Pollutant Discharge Elimination System Program (NPDES). At the time, the NPDES Phase II Program was the latest stormwater program stemming from the Federal Clean Water Act of 1972. Prior to the Phase II program, EPA and NC DEQ had issued NPDES Phase I Stormwater Permits to Cities larger than 100,000 persons. In North Carolina these cities were Raleigh, Charlotte, Fayetteville, Durham, Greensboro, and Winston Salem. The Phase 11 Program included distribution of Phase II permits to municipalities less than 100,000 residents and began with municipalities within Municipal Spheres of Influence (MSI) that were greater than 50,000 citizens. The Burlington Corridor represented a MSI of greater than 50,000 residents and each municipal separate storm sewer system (MS4) was given a Phase 11 permit. NPDES Phase I/II Communities, Exempted Municipalities*, & Tipped Counties with County -wide Post -Construction r� L Reflects 2011 Corporate Boundaries. Post -Construction Areas per Session Law 2DD6-246 Post,Construction requ irements still apply inside exempted municipality boundaries arld will be implemented Cy Dwp or delegated o4vionty (e.g.. County). Legend = NPgF_�F.x0mpi Phase II Ain icipalllK 1 ETJS u Phe se II MSIs (from 2011 BomderleS) Phaw II NP DO Entities - Deaignared Phase II Munldpalnles (as of Ma rci12010) _ HPOES Permit- Phase I M,;4N ldary - Urhenired An?as (2000 Gems) _ NPDES Permuted Ph II MSNCo IJreanlree wens M10 Cer ) _ HPOES Permitted Phase I M56 F—] Prose II Tipped Calk*$ [P0St-00Wru am) _ NPDES Powiired Phase I7i1 city ETJ F­] NPDES Permitted Phase II MS4 2(1212013 Note_ Att"h Brunswick, New Hanover, and Ons low are Phase II Tipped Counties, projects there are suibject to the Coastal Stormwater Rules. N 0 20 40 80 Mil- 1 r I The Phase II stormwater program was created with the intention of improving the quality of the nation's waterways by reducing the quantity of pollutants that stormwater transports into stormwater systems and discharges to surface water bodies. The permit require permittees at a minimum to develop, implement, and enforce a stormwater program designed to reduce the discharge of pollutants from the municipal separate storm sewer system (MS4) to the maximum extent practicable. Page 3 of 21 City of Mebane Stormwater Annual Report 2018 The stormwater program is composed of the following six management measures: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Controls 5. Post -Construction Site Runoff Controls 6. Pollution Prevention and Good Housekeeping for Municipal Operations Each of these measures consists of required Best Management Practices (BMPs), measurable goals for each BMP and an implementation schedule for the 5 year permit cycle. Additionally, the City of Mebane has a Comprehensive Stormwater Management Plan and completes annual reporting about the NPDES Phase II Program. Because the NPDES Program concentrates on water quality it has limited provisions concerning water quantity and flooding controls. The City's Storm Drainage Design Manual does include provisions for managing peak runoff from new development and the City's Flood Damage Prevention Ordinance reduces flooding through limiting development in the FEMA regulated flood plains. In February 2017, after several months of discussion, NC DWQ issued a renewal of the City's NPDES Phase II Permit. This renewed permit is similar to the original permit with a few additional requirements included. A copy of the permit is available either through Josh Johnson, P.E. or through NC Division of Energy, Mineral and Land Resources. This Report is intended to complete the Annual Report specifying the City's progression in implementing the NPDES Permit and Comprehensive Stormwater Management Plan. It is also intended to give readers a comprehensive idea of the City's full Stormwater Program including the City's Jordan Lake, Water Supply Watershed and Water Quantity Programs as well as the City's current funding structure. NPDES Phase II Minimum Control Measures Each of the 6 Minimum Control Measures (MCM's) has a set of best management practices (BMP's) that are intended to foster compliance with both the City's Permit and CSWMP. These specific BMP's can be found in both the Permit and the CSWMP but highlights and specific actions will be noted in the report. Public Education and Outreach The City operates a Public Education and Outreach program that is designed to educate the general public about the need to improve water quality in stormwater. The general objectives are to distribute education materials to the community and/or to conduct equivalent outreach activities about the impacts of storm water discharges on surface waters and the steps the public can take to reduce pollutants in stormwater runoff. These objectives have been further refined to target residents, school children, local businesses (specifically gas station owners and landscaping companies) and industry because these groups have the most impact on stormwater pollution prevention. Page 4 of 21 City of Mebane Stormwater Annual Report 2018 The education program targets total suspended solids (TSS and Sediment) and nutrient loading because turbidity, sedimentation, and nutrients are the pollutants of concern in downstream waters. The City partners with Stormwater SMART, an education and outreach organization hosted by the Piedmont Triad Regional Council (PTRC). Stormwater SMART is a cooperative group that is funded by several Piedmont municipalities. It was created in 2005 to provide education and outreach for the new MS4 Permittees (like Mebane) and concentrates on direct education of school children and residents. Danica Heflin is the Stormwater Smart Outreach and Education Coordinator and a copy of Stormwater SMART's Annual Report is available at http://www.ptrc.org/services/regional-planning/stormwater- smart/documents-resources and provides a comprehensive outlook for the Fiscal Year 2018 period. Appendix A of the annual report provides specific details of outreach efforts within the Town of Gibsonville. Danica Heflin can be contacted at dheflin@ptrc.org or at (336)904-0300. City of Mebane Location Date Event # Participants Mebane Dogwood Festival April 24, 2019 Outreach 300+ Cates farm Park BioBlitz April 6t" , 2019 Outreach 50 Mebane Public Library April 8, 2019 Outreach 16 Alamance Creek Week April 6-13, 2019 Outreach — Countywide - CW 700+ CW Hawfields Middle School April 18, 2019 Outreach Enviroscape 76+ Total 442 + CW Stormwater Smart Outreach Efforts in Mebane The City also has handouts on display at the Mebane Library, Planning/Inspections Department, Mebane Arts & Community Center, Public Works and City Hall as well as maintaining an education website located at.http://www.citvofmebane.com/city hall/departments/planning and zoning/stormwater They also include information in the City Council and Planning Board packets. Page 5 of 21 AWoance CREEK WEEK Mebane BioBlitz Station City of Mebane Stormwater Annual Report 2018 Stormwater Mass Media in the City of Mebane The City of Mebane participated with Stormwater Smart in 2018 to bring Mass Media Stormwater information to the residents of Mebane. Like other towns and cities in the area this type of media is a great way to educate the public on the need to reduce stormwater pollution and protect out streams and rivers. Mass media allows the information to reach a large number of people at a relatively small cost. The tables below show the impact and connections made in Mebane and other cities through this resource. REGIONAL PRE -ROLL RESULTS OF DIGITAL CAMPAIGN TERMINOLOGY 1 heme: 1 he campaign theme is the topic of our pre -roll video. The theme for 2018-2019 was pet waste, or "Scoop Poop!" Pre -roll: When a person is browsing the internet and selects to play a video on a website (i.e. kitchen decor on I iGTV.com), the short video advertisement LhoL plays prior to their selected video is the pre -roll video. Viewers had the option to skip this video after watching the first seven seconds (25%) of the video. Pre -roll impressions: the number of times our video content started playing on a device. Pre -roll engagement: the number of people who watched 100% of the 30-second video and/or clicked on the video to find out more. Viewers who clicked were routed to www.stormwatersmart.org. DIGITAL CAMPAIGN PERFORMANCE BY MASS MEDIA MEMBER COMMUNITY Member Pre -Roll Pre -Roll Display Display Impressions Engagements Impressions Engagements Archdale 11,585 6,140 90,063 1,103 Burlington 19,294 10,310 193,419 2,368 Forsyth County 10,871 5,870 73,171 896 Greensboro 196,924 104,977 1,196,044 14,643 Guilford County 29,299 15,592 204,724 2,506 Page 6 of 21 City of Mebane Stormwater Annual Report 2018 Jamestown 7,746 4,183 51,366 95 Kernersville 23,278 12,413 182,090 2,229 Mebane 5,566 2,984 72,863 892 Randleman 3,42❑ 1,824 35,108 429 Randolph County 23,506 12,693 154,812 1,895 Trinity 4,064 2,175 36,908 452 Winston-Salem 140,576 74,844 823,648 10,084 Public Participation and Involvement The City has a responsibility to solicit and consider public opinion on all matters, including stormwater management. The City originally involved the public with a public hearing in 2005 and tried to create a citizen's committee during the first permit cycle but little interest was shown from the public. The City has been receptive to any questions from citizens, maintains a helpline (City Hall at (919)563-5901), a link from the City's website and has worked with Stormwater Smart to educate the public but continues to struggle to establish effective Public Participation and Involvement. The City held a Stormwater Public Meeting May 11t" 2017, and plans to hold another in the future as needs arise. This public meeting will seek input on the stormwater program and will provide both input to the City as well as education to the citizens. Illicit Discharge Detection and Elimination The City of Mebane has a full Illicit Discharge Detection and Elimination (IDDE) Program. The IDDE Program is intended to reduce discharges to the stormwater system that are not entirely composed of stormwater. There are a few permitted discharges and firefighting related discharges that are allowed. An illicit discharge is typically dirt, soap, pet waste, litter, oil, fertilizer, pesticides, or raw sewage and often times comes from "generating sites." Generating sites are points of pollution that continue over a period and are recurring at regular or irregular intervals. The backbone of the IDDE program is the IDDE Ordinance that the City passed in May 2007. The IDDE ordinance provides permits specific discharges into the MS4 as legal, provides legal authority to restrict illegal discharges, prohibits illicit connections, provides conditions for cleaning up and preventing polluted spills, provides for right of entry into property to investigate prohibited activities, and provides the City with options for enforcing the Ordinance. The IDDE Ordinance is based on NC DWQ's Model Ordinance. Page 7 of 21 City of Mebane Stormwater Annual Report 2018 alley, Williams, carmen, & Idng, inc. ENGINEERS & ARCHITECTS 9C„s, 1 1n • 2.500 R io vE 9,2CM10 The second basis for the IDDE program is the City's MS4 Map. The mapping program was completed in the first permit cycle by GPS mapping and is now usable in a GIS format. The map includes the entire MS4 system and provides for easy access to aid in the investigation of illicit discharges. An investigator with the map could find an illicit discharge and then easily follow the flow of the discharge upstream until finding a source of the discharge. The map was originally published as a map book but generally is used on a watershed basis or through ArcGIS software. If a specific area is needed it can be printed by either Stormwater or City Staff. The map is intended to be updated on a regular basis as new development occurs in the City. Page 8 of 21 City of Mebane Stormwater Annual Report 2018 The IDDE program also includes dry weather testing of outfalls into the stream system. In the first permit cycle this was conducted in coordination with the mapping. Outfalls that had dry weather flows were reported and investigated. Since the first permit cycle, most dry weather flow testing has been done in conjunction with complaints or City staff investigations. There were no illicit connections found or reported in 2018. One illegal dump was reported by a resident corrective action was taken. There were also no rerouted connections found this year. The City of Mebane hydraulically cleans 10% of the collection system annually and works hard to reduce sanitary sewer overflows. In 2018, Smoke testing was done on the 3r1 Street outfall, 44,000 linear feet and 5th Street outfall 45,000 linear feet of the sanitary sewer system to determine any problems or leaks. These maintenance activities are intended to reduce sanitary sewer overflows and therefore prevent illicit discharges to the MS4. The City maintains two pet waste stations at Lake Michael Park, and distributes post cards on the topic. In addition to this there are multiple neighborhoods in Mebane that maintain their own pet waste stations. City Staff are trained on an annual basis to identify illicit discharges and the reporting process for these discharges. This training is combined with the Pollution Prevention and Good Housekeeping training of public works, utilities, planning, and administrative staff. A possible future improvement would be multiple trainings annually and/or including recreation, fire, and police personnel. Also training of new hires will be a good addition. Trainings vary from 1 to 2.5 hours and are well attended. Illicit Discharge Detection and Elimination Pollution Prevention n.a..�. m.e twl.�•I v..=D sm.�n.� swnr wey�.r. Construction Site Runoff Controls The City of Mebane delegates the Construction Site Runoff Controls to the NC Department of Environmental Quality Sediment and Erosion Control Program. The City of Mebane does not have a delegated erosion control program but does make sure that plans it approves that will disturb greater than 1.0 acres of land apply for, and receive, and erosion control plan. The City of Mebane also has the ability to call NC DEQ to report known sedimentation issues. A possible improvement could be NC DEQ's responsiveness to City generated complaints, which has been less than effective in the past. Post Construction Site Runoff Controls The City of Mebane has a typical NPDES Phase II Post Construction Program. This includes a Post Construction Ordinance, administrative forms that support it, and a review process. The Post Construction Program applies to projects that exceed 1 acre of disturbance or have a common plan of development that will cumulatively exceed 1.0 acres of disturbance. Projects that exceed 24% built - upon area are considered high density projects, projects that are less than 24% BUA are low density projects. Page 9 of 21 City of Mebane Stormwater Annual Report 2018 High Density Projects are then required to meet the following requirements: • Treat runoff from the first 1" of rain (the first flush). • Treated Runoff is to be for 85% TSS removal. • Discharge treated water at a rate less than or equal to the Predevelopment rate for the 10 year 24 hour storm. • Discharge treated water between 48-120 hours. • Stormwater Control Measures must be in easements and must have a recorded operation and maintenance agreement. • Compliance with the Jordan Lake Riparian Buffer Protection Ordinance. Stormwater Control Measures, as well as runoff calculations, are prepared based upon the NC DWQ BMP Manual and then reviewed by either Franz Holt, P.E. or Kyle Smith, P.E. STORMWATER MANAGEMENT REOl1lREMENfS Pnexn -�v 1 94SEO ON THE TYPE OF PROJECT TYPE OF PRWECT MPEOFPRWEOT NFWDEVELOPMENT gEDEYELMPMENT IFDISINAB£D IFdSTGABEDAgFA 6DLSi1MBE0 PREA ffMDNICq£45E IN lFDISTIAEED lFDIST(ta£fDAAEA THAN iOA- IAAC AND LE33 i,DAC. PND AgAE THM'IDAC.• IS f.O AC. M'D lNAN1Ax BW 1NANNx BVA MLAFAGING AIK FX£MPT FgOM fY£MPI FAGM vrmOM LOw GEN£rrr H.GHGEnbrn STOPMWATEfl R9NFCT-LOW PflOIECT-HIGH MPNAGFM£ MAVAGENENT MANAGEMENT DENSAY DEMEfTY �PPPLY� LESS TIL4V MG9E i1WJ21% ADq EMIR£ E FGAENTME PgGPSATv twON PAOPSATYUPON CCMALEIICN C0.MPlFT10.N [GwtrEN9TY IfIGH DEwSm' PAGJELT-LOW PAQIECT-RICH D£N911Y DA511Y STAVDAR6A STANDMQS AND NOTA PART OF LARGER COMMON Pi Low Density projects are required to comply with the Jordan Lake Buffer Protection Ordinance that went into effect in fall 2011. Both Low and High Density Projects are required to comply with the City's Storm Sewer Design Manual which governs storm drainage design as well as peak runoff rates and provides for evaluation of the 10 and 100 year design storms. The City also implements a High Density Water Supply Watershed (WSW) Program. The City's WSW is on the north side of Mebane and is for the protection of the Graham -Mebane Reservoir. The WSW allows for development up to 24% BUA with structural stormwater controls and the City also has a 10/70 option that allows for development of 10% of the non -critical area of the watershed up to 70% built upon. The City also inspects 8 water quality ponds annually and provides inspection reports to the property owners. Historically the City has had issues getting compliance from these ponds but has taken steps to improve compliance in 2014. These include legal steps to enforce the maintenance improvements that need to be made. Inspection of these ponds continued in 2018. Page 10 of 21 City of Mebane Stormwater Annual Report 2018 When a project is submitted to the City, it goes through the City Planning Department. Then the plans are distributed to a Technical Review Committee (TRC). The TRC includes Engineering and Stormwater Reviewers as well as assorted City staff. At this point the project is determined to be subject to the Stormwater Ordinance and High Density or Low Density. At that point review comments are made about the project and addressed. After approval of the project, the owner is required to complete an Operation and Maintenance Agreement for the stormwater control measures. This O&M agreement is then recorded with the register of deeds so that it can reviewed at a later point in time. Bioretention Cell @ Mebane Ridge Assisted Living The City of Mebane reviewed twenty projects in 2018, nine of which triggered the stormwater ordinance. Four projects were completed in 2018. The City of Mebane requires as-builts and annual inspection reports from new stormwater control measures (SCM) but has had trouble getting annual inspection reports submitted. In the coming year, the City will inspect all existing stormwater control measures and then provide the property owners with the inspection report and the needed improvements. This letter will also contain information requiring SCM owners to provide future inspection reports to the City or face fines and/or assessments. Pollution Prevention and Good Housekeeping Pollution Prevention is an overall goal of the City's stormwater management plan and Good Housekeeping is a key to that goal. Municipalities in general conduct many activities that can pose a threat to water quality. Municipal facilities are the primary potential source of contamination but with good housekeeping habits this potential can be reduced or eliminated. The City attempts to minimize stormwater pollution from municipal operations by complying with best management plans for each City facility. The BMP's are written into a City Facilities O&M Plan that is intended to reduce or eliminate stormwater exposure of oil, grease, pesticides, herbicides, fertilizers, sediment, and other materials used by the City. Each of the City facilities is inspected annually and any issues are noted, written into the Facility 0&M Plan, and discussed with the facility supervisor. The City operates a City Hall, Planning and Inspection Department, Police Station, 3 Fire Departments, Public Works Facility, Waste Water Treatment Plant, Arts and Community Center, Parks and Recreation Department, Recreation Center, Lake Michael Park, and Holt Street Park as well as a number of Page 11 of 21 City of Mebane Stormwater Annual Report 2018 wastewater pump stations. Each of these facilities is inspected annually and any new facilities will be added to the inspection list. Annual Inspection of City Facilities City staff with the greatest exposure to stormwater are trained on PPGH once annually. The training is combined with illicit discharge detection and elimination training. The PPGH portion of the training concentrates on good housekeeping functions. This often includes identification of bad habits that can take place and how to fix the situation to reduce the risk of pollution to stormwater. The City of Mebane sweeps city streets 2 days a week est. and estimates that they pick up about 52 cubic yards a year. It also sweeps 17 subdivisions streets and removes an estimated 24 cubic yards a year. The city cleans culvert pipes and drainage ditches on an as needed basis. Culvert pipes are cleaned by jet truck and by hand. The City of Mebane puts out road salt and brine prior to and during inclement weather. In 2018 Mebane used approximately 59.3 Cuyds of salt, 5,250 gallons of salt brine and 12 Cuyds of salt alternative (sand). The City recycles its oil, approximately 543 gallons in 2018 through Noble Oil Company. Impaired Waters and Total Maximum Daily Loads (TMDL) The City of Mebane does not have any impaired waters within its jurisdictional area. Jordan Lake Rules The City of Mebane is within the Jordan Lake Watershed and is subject to the Jordan Lake Nutrient Strategy. The Jordan Lake Nutrient Strategy is composed of a set of regulatory rules enacted in 2009 that Page 12 of 21 City of Mebane Stormwater Annual Report 2018 have since been augmented or replaced by a series of NC General Assembly Session Laws. The following rules are often referred to as the Jordan Lake Rules.: 15A NCAC 02B .0262 - Purpose and Scope (See #4 below.) 15A NCAC 02B .0263 - Definitions 15A NCAC 02B .0264 - Agriculture 15A NCAC 02B .0265 - Stormwater Management for New Development (See #2, #5 and #6 below.) 15A NCAC 02B .0266 — Stormwater Management for Existing Development (Replaced by #1 below.) 15A NCAC 02B .0267 — Protection of Existing Riparian Buffers (See #2 below.) 15A NCAC 02B .0268 — Mitigation for Riparian Buffers 15A NCAC 02B .0269 — Riparian Buffer Mitigation Fees to NC EEP 15A NCAC 02B .0270 — Wastewater Discharge Requirements (See #1 and #3 below.) 15A NCAC 02B .0271— Stormwater Requirements for State and Federal Entities (See #2 below.) 15A NCAC 02B .0272 - Fertilizer Management 15A NCAC 02B .0273 - Options for Offsetting Nutrient Loads 15A NCAC 02B .0311 - Cape Fear River Basin 1. Session Law 2009-216 signed into law June 30, 2009. (Disapproves the Jordan Stormwater Management for Existing Development Rule and establishes substitute requirements. Also delays the nitrogen compliance date by two years for existing dischargers under the Wastewater Discharge Requirements Rule.) 2. Session Law 2009-484 was signed into law Aug. 26, 2009. (Part II revises three Jordan rules, including Stormwater Management for New Development, Stormwater Requirements for State and Federal Entities and Protection of Existing Riparian Buffers.) 3. Session Law 2011-394 signed into law July 1, 2011. (Section 14 provides a further, conditional two- year delay of the nitrogen wastewater compliance date for existing dischargers under the Wastewater Discharge Requirements Rule.) 4. Session Law 2012-187 signed into law July 16, 2012. (Section 12.1 creates a limitation affecting the Purpose and Scope Rule to narrow the applicability of certain surface water standards in WS-V waters.) S. Session Law 2012-200 signed into law Aug. 1, 2012. (Section 11.(c) extends the allowable local program implementation date of the New Development Stormwater Rule.) 6. Session Law 2012-201 signed into law Aug. 1, 2012. (Section 9.(e) of this law revised the local program implementation date of the New Development Stormwater Rule by two years. Separate SL 2012-201 contains the same provision). 7. Session Law 2013-395 signed into law Aug. 23, 2013 (SB 515 continues the current Jordan Lake water quality measures, including 15A NCAC 02B .0267 Protection of Existing Riparian Buffers Rule, but delays additional measures that were to be implemented July 1, 2013 or later, for three years. The law also modifies existing Protection of Existing Riparian Buffers Rule to allow some exempt uses, including the permitted piping of streams by the U.S. Army Corps of Engineers and an expanded definition of "airport facilities." These changes are required to be adopted by the Environmental Management Commission in Page 13 of 21 City of Mebane Stormwater Annual Report 2018 an amended rule. The delayed measures include the Jordan Lake Rules, 15A NCAC 02B .0262 - .0267, .0270 - .0272, .0311, as well as the Jordan Lake Session Laws.) 8. Session Law 2013-360 Effective July 26th, 2013 In -Lake Water Quality Improvement Demonstration Project: This lengthy session law has a three- page section (14.3A) that authorizes a 24 -month "Jordan Lake Water Quality Improvement Demonstration Project" funded by $1.95 million from the Clean Water Management Trust Fund and the N.C. Department of Environment and Natural Resources (DENR.) The intent of the project is to improve water quality in the lake by suppressing phytoplankton activity such that chlorophyll -a, pH and turbidity measurements will meet state water quality standards within the project areas. • The session law required DENR to contract with a third party that can deploy floating arrays of 36 in - lake, long-distance water circulators. Twenty-four circulators will be placed in the Morgan Creek arm of the lake and 12 in the Haw River arm. • The department is required to monitor, evaluate, and report on the performance of the circulators in reducing the adverse impacts of harmful algal blooms and excessive chlorophyll in the lake by focusing on nutrient related physical, chemical and biological parameters. DENR shall submit an interim report on the findings of the demonstration project to the Environmental Review Commission and the Fiscal Research Division of the General Assembly by October 1, 2015. A final report shall be submitted by April 1, 2016. Status: The U.S. Army Corps of Engineers' public comment period for the project's Environmental Assessment document ended on April 6, 2014. The Corps issued a Finding of No Significant Impact (FONSI) on July 10, 2014, and the circulators were deployed on July 21, 2014. The Environmental Assessment can be found on the Corps' Jordan Lake website at: http://www.saw.usace.army.mil/Locations/DistrictLakesand Dams/BEverettJordan.aspx Division monitoring reports and other information for the circulator project are being posted at http://portal.ncdenr.org/web/wq/J*ordancirculator 9. Session Law 2014-90 Applies to state stormwater programs. Section 2 adds the following language to the definition of "development" in G.S. 143-214.7. "..When additional development occurs at a site that has existing development, the built -upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law. The significance of this session law for the Jordan stormwater rules is being evaluated by NCDEQ. 10. Session Law 2015-241 Section 14.5(a): Two-year extension of the Jordan Lake In -Lake Water Quality Improvement Demonstration Project (aka Solar Bees) Section 14.5(c): Three year delay for New Development Stormwater implementation. 11. Session Law 2015-246 Sections 2(a) & 2(b): Prohibits local governments from voluntarily implementing State rule Section 13.1.(b): Riparian Buffer Reform 12. HB 1030/Session Law 2016-94 2016 Appropriations Act Page 14 of 21 City of Mebane Section 14.13: Stormwater Annual Report 2018 • Senate version called for review of all the State's Nutrient Management Strategies, and any other rules imposing riparian buffer requirement for the purpose of nutrient management. Final budget limited applicability of Jordan and Falls Lake Rules. • Terminates SolarBee Project • Funds a UNC Study of nutrient rules focused on Jordan Lake and Falls Lake Rules, directs EMC to review and re -adopt those nutrient management rules based on recommendations from the study. • Delayed implementation of Jordan Lake and Falls Lake Rules not currently in effect, no earlier than March 15, 2019. • Includes further DEQ study of in -situ technologies to address nutrient -related water quality problems. • Excludes areas within Jordan Lake watershed from stormwater requirements. o States new impervious surface added in the Jordan Lake watershed between July 31, 2013 and December 2020 should not be counted as built -upon area for the purposes of developing nutrient reduction targets under the Jordan Lake stormwater rules. • Cross-reference to Chesapeake Bay stormwater measures o Allows stormwater measures approved to meet the Chesapeake bay TMDL to be used to meet the Jordan Lake and Falls Lake TMDL's based on the same nutrient reduction credit allowed under the Chesapeake Bay Program. Jordan Lake Background, Rules, and Implementation Schedules Jordan Lake was impounded in 1983 by damming the Haw River near its confluence with the Deep River. It was created to provide flood control, water supply, protection of water quality downstream, fish and wildlife conservation, and recreation. The lake has had water quality issues from the beginning, with the North Carolina Environmental Management Commission declaring it as nutrient -sensitive waters (NSW) the same year it was impounded. Since that time, Jordan Lake has consistently rated as eutrophic or hyper-eutrophic, with excessive levels of nutrients present. "Eutrophic" is an over -abundance of nutrients in the lake, primarily nitrogen and phosphorus, which can result in algal blooms and poor water quality. Nutrients make their way to the lake from sources such as wastewater discharges, rainfall runoff from agriculture and stormwater runoff from new and existing developed lands throughout the watershed. Excessive nutrient inputs can drive excessive growth of microscopic algae, which imparts a greenish, murky appearance to the water, causes taste and odor problems in potable water, and robs the water of oxygen. This can then stress or kill fish and other aquatic life. Excess nutrients also favor the growth of undesirable algae that does not support the food chain and can release toxins into the water. While not necessarily making the lake unfit for fishing, swimming or drinking uses, excessive nutrients can impact these uses and produce undesirable algae in the lake. Page 15 of 21 City of Mebane Stormwater Annual Report 2018 The Jordan Lake Rules are designed to protect and improve water quality in the lake. The rules were developed over several years through a process that involved extensive meetings, public hearings and negotiations between residents, environmental groups, local and state government agencies and other stakeholders in the watershed. Specific issues addressed by the rules include reducing pollution from wastewater discharges, stormwater runoff from new and existing development, agriculture and fertilizer application. The Rules continue to be discussed and amended through the NC General Assembly. The primary rules that affect local governments (like the City of Mebane) are the Stormwater Management for New Development, Stormwater Management for Existing Development, Protection of Existing Riparian Buffers, Wastewater Discharge Requirements, Options for Offsetting Nutrients Loads, Session Law 2009-216, Session Law 2009-484, Session Law 2011-394 and to a lesser extent the Fertilizer Management Rule. The Protection of Existing Riparian Buffer Rules was implemented in 2011 after the Stage 1 Existing Development Programs were adopted in 2009 and Waste Water Treatment Plant compliance with Total Phosphorous limitations by January 1, 2010. The New Development Programs, Stage 2 Existing Development Program, and Wastewater Treatment Plant Compliance with Total Nitrogen Limitations have all been delayed several times. The current implementation schedule is cloudy because of delays that are contingent upon future monitoring results. This establishes the following compliance timeframes for these rules: • New Development Programs — Delayed until at least 2020. • Stage 2 Existing Development Programs — Delayed until at least 2023. • Wastewater Treatment Total Nitrogen Limits —Enacted with 2016 Permit Renewals. Additionally, Session Bill 2013-395 created a study to determine if "mechanical circulation" within Jordan Lake could reduce algal growth within the lake. This study was conducted by NDEQ and Medora Corporation for $1.44 million and originally included the leasing of 36 Solar Bee Circulators (the study was expanded in 2014). The Solar Bee's, similar to the ones in the Graham -Mebane Lake, are a relatively new technology and the study was extended several years. However, in the spring of 2016, NC DEQ announced that the Solar Bees had failed and would be removed from the lake. It is unclear how this will impact future regulation of the Lake. In January 2014, a Legislative Jordan Lake Committee met and did not recommend any changes to the Rules. Despite this, additional rules have been implemented since 2014 with regards to Jordan Lake. Riparian Buffer Protection Program The City's Riparian Buffer Protection Program was implemented in November 2010. The enforcement mechanism for the Buffer Protection Program is the Jordan Riparian Buffer Protection Ordinance that was approved by DWR. The Buffer Program establishes a protected buffer along surface waters (primarily perennial and intermittent streams but also ponds and other surface waters) shown on the USGS Quad maps or the NRCS Soil Survey Maps. The buffer has two different zones: Zone 1 is the closest 30' from the top of bank in all directions; Zone 2 is from 30' to 50' from the top of bank in all directions. Zone 1 is to remain undisturbed while Zone 2 is to remain vegetated. Page 16 of 21 City of Mebane Stormwater Annual Report 2018 The Buffer Ordinance is a change of use ordinance; therefore the regulations only apply if new development or a change in use takes place within the buffer. Changes in use can range from new development that goes through an approval process to clearing of the buffer for residential or commercial landscaping but any change of use within the buffer is subject to the buffer ordinance. The Buffer Ordinance also includes a Table of Uses that breaks down uses within the buffer to Exempt, Allowable, and Allowable with Mitigation. Any uses not in the Table of Uses are prohibited without a variance. Uses that fall in the Allowable or Allowable with Mitigation categories must submit a request to the City for written authorization prior to disturbing the buffer. These uses also must show that there are no practical alternatives to the requested use. In showing the no practical alternatives, users must show how they are minimizing the impacts if possible. The City includes Riparian Buffer Protection Program training with its annual employee training but generally limits inspections of buffers to complaints about buffer clearing or City Staff reporting of impacts. The City tracks buffer impacts but tries to handle first time offenders by requiring replacement of the buffer and education of the offender, rather than fining first time offenders. The City's buffer program required was revised in the calendar year of 2016 to comply with Session Law 1015-246. New Development Programs The Jordan Lake New Development Rule, 15A NCAC213 .0265, sets out standards that named communities are to incorporate into local stormwater programs, and requires the Division of Water Quality to develop a model local stormwater program for those communities to use to create a New Development Program that complies with the rule. The Jordan Lake New Development Ordinance is the legal mechanism that local governments will use to enforce these standards on new development projects greater than % acre in disturbed area (or 1 acre for single family residential). Most communities within the Jordan Lake watershed are existing NPDES MS4 Phase II communities that have existing Phase II Stormwater Post -Construction Ordinances which are centered around 85% TSS treatment of the 1" storm for developments over 24% impervious and a 1 acre disturbance threshold. Page 17 of 21 City of Mebane Stormwater Annual Report 2018 The Jordan Lake New Development Rule is centered on removal of Nitrogen and Phosphorous from stormwater and a % acre disturbance threshold. These two pollutants can be removed with many of the same processes as TSS but at differing removal rates and with a different calculation to determine the effectiveness of the treatment processes. The City of Mebane will combine its NPDES Phase II and Jordan Lake New Development Standards into one comprehensive stormwater ordinance. This will reduce confusion between the two ordinances on the part of developers, designers, reviewers, staff, and the public by creating one set of standards for review. The City created, submitted, and had a full program approved in the summer of 2012. However, the City chose to delay implementation until a future date (in accordance with legislation from 2012 and 2013). The City's future study of the overall Jordan Lake Compliance Strategies may contain recommendations about early adoption of the Program. In order to gather data for future compliance, the City will begin requiring new development to complete the Jordan/Falls Nutrient Load Accounting Tool in 2014. The tool will not be used for regulatory compliance at this time but will be used to educate the City on future development. Existing Development Stage 1 Programs The City of Mebane submitted a Stage 1 Adaptive Management Program to reduce existing nutrient loading to Jordan Lake in 2009. Often referred to as the Stage 1 Existing Development Program, the Program credits the NPDES Phase II Stormwater Program as the primary steps in the program along with requiring the City to create a Retrofit Identification Program. The Existing Development Program requires annual updates but full reporting is only required for the Retrofit Program because of this annual NPDES Phase II Report. This retrofit program is intended to provide a framework for identifying retrofit opportunities to reduce nutrient loading in the Jordan Lake Watershed. The program is intended to identify both structural and non-structural retrofits that seek to reduce pollution, and nutrients, from being carried downstream by stormwater runoff. By either controlling stormwater runoff or reducing the pollution in the runoff, stormwater retrofits reduce downstream pollution in streams, rivers, and lakes. Typical structural stormwater retrofits are stormwater wetlands, bio-retention basins, water quality ponds, and other devices found in the NC Division of Water Quality Best Management Practices Manual (NC DWQ BMP Manual). Non-structural retrofits include but are not limited to fertilizer programs, reducing animal waste programs, urban forestry programs, and leaking septic tank replacement programs. The City of Mebane will use this program annually in a review of the stormwater program that will include reviewing the public education program, reviewing the illicit discharge program, and using this program to have an accurate and up to date list of potential retrofit projects. The City is required to select a number of projects based on the following chart: Page 18 of 21 City of Mebane Stormwater Annual Report 2018 Table 1: Minimum Number of Existing Development Nutrient Load -Reducing Projects Population in the Jordan Lake Watershed Minimum Number of Existing Development Load Reducing Activities to be Identified Annually Less than 15,000 1 15,000-30,000 2 30,000-60,000 3 60,000+ 4 Stormwater projects were identified in 2018, one the Lake Latham BMP continues to be a needed and has been identified in the past. The potential pond and dam improvements at the former Lake Latham received the highest score. Lake Latham is City owned, has a large drainage area, has a significant impervious area, and has the space for installation of a structural stormwater retrofit. The potential retrofit would be the re -construction of a pond dam that would create a large wet detention basin. This wet detention basin would treat much of the Southern part of the City of Mebane which is highly urbanized. The second project consisted of an application to the NC Clean Water Management Trust Fund for an Innovative Stormwater BMP Grant to test different soil mixtures in Tree boxes, on site at the Mebane Arts building parking lot on Third Street. Funding for this was not received, but future funding may arise. Page 19 of 21 City of Mebane Stormwater Annual Report 2018 A future strategy for the City to consider would be to fund a full study and construction of Lake Latham. Funding in the near future, before the 2020 requirement from the Jordan Lake Rules, could provide for additional grant funding and could make grant funding easier to obtain. Funding of any BMP's before legislative requirement represents some risk on the City's part but credit would be applicable for future Jordan Lake Watershed compliance. Future Existing Development Stage 2 Programs The City of Mebane will probably be required to establish a Stage 2 Adaptive Management Program in the future. This requirement will be based upon the future testing of the water quality within Jordan Lake. At this point in time we view this requirement as likely. The Stage 2 Existing Development Programs will be intended to eventually reduce 8% of Total Nitrogen Loads and 5% Total Phosphorous Loads from the 2001 Baseline Period along with all TN and TP Loads from the Baseline Period until adoption of the New Development Program. NC DWQ, through a contract process that involved the Nutrient Scientific Advisory Board (NSAB), remodeled the Jordan Lake Watershed previously. The remodeling study, completed by Tetra Tech, provided nutrient loadings for individual jurisdictions for the baseline period and for the post baseline period through 2010. These jurisdictional loadings are the first jurisdictional modeled loads that have been produced for Jordan Lake and will allow for the most accurate estimate (to date) for the retrofits needed and the costs associated with reaching water quality standards within the lake. These loads have not been assigned at this point and the exact loading for each community is still unclear. The Stage 2 Programs will also have additional nutrient reduction measures that credit will be available for. These nutrient credits were established through another contract from NC DWQ and the NSAB that established accounting a new crediting program for the following items: • Remedy Malfunctioning Septic System. • Remedy Discharging Sand Filters. • Volume Pond Retrofits. • Improved Street Sweeping. • Stream Restoration/Enhancements. • Diverting Impervious Runoff to Pervious Areas/Impervious Disconnection. Crediting of these measures will greatly improve the flexibility that affected parties (like Municipalities) have in achieving the required load reductions. The cost of these load reductions will be substantially reduced by including these strategies into the overall compliance strategy. The release of these recent studies will be included in an overall Compliance Strategy Study for the City of Mebane that will be completed after the loading is released. This study will evaluate the feasibility of all options for the City of Mebane, will include trading options, and will include the most comprehensive and accurate financial assessment of compliance for the City to date. Page 20 of 21 City of Mebane Stormwater Annual Report 2018 Stormwater Funding The City of Mebane funds it's Stormwater Programs through the general fund. The City budgets $50,000 annually for stormwater services. The City uses its budget to pay for its Water Quality Programs including its NPDES Phase II and Jordan Lake Programs. The City's Water Supply Watershed Inspection Program is funded through fees collected during the permitting and review process. In the future, the stormwater budget may need to be increased in order to cover additional expenses for the Jordan Lake Rules. These increases may be done through creation of an Existing Residential Unit (ERU) style fee. The ERU is based on an impervious area per property calculation and is considered an equitable fee for stormwater cost calculations. However, the ERU will have a substantially higher startup and maintenance costs than a flat fee does. The Future of Stormwater Stormwater, and Water Quality in particular, is an evolving field of regulation. The City of Mebane is already involved in NPDES Phase II, Biological Integrity within streams, and Nutrient Sensitive Waters. Within the next decade the City needs to plan for further regulation of these issues as well as several other outstanding issues. EPA continues to work on two potentially large future items that include a Numerical Nutrient Criteria for all surface waters and a National Stormwater Rule. The Numerical Nutrient Criteria is an EPA supported push towards establishing nutrient limits for all surface waters. Currently in North Carolina, generally only reservoirs have nutrient limits and the limits are based upon response indicators. Stormwater Program Contacts Name Position Phone # Email Montrena Hadley Planner/SW Administrator 919-563-9990 mhadley@cityofinebane.com David Cheek City Manager 919-563-5901 dcheek@citvofinebane.com Josh Johnson Stormwater Engineer 336-226-5534 josh@awck.com Chris Rollins Assistant City Manager 919-563-5901 crollins@citvofinebane.com Franz Holt City Engineer 336-226-5534 fholt@awck.com Cy Stober Development Director 336-563-9990 cstober@cityofinebane.com Wayne Pore Public Works Director 919-304-9218 wpore@citvofinebane.com Page 21 of 21