NCS000402_Response to Audit_20210824

RECEIVE
AUG 2 4 2021
DENR-LAND QUALITY
STORMWATER PERMITTING
August 11, 2021
DEQ-DEMLR Stormwater Program
Attn: Ms. Jeanette Powell
Jeanette. Powell (c6,ncdenr.gov (delivered via email)
1612 Mail Service Center
Raleigh, NC 27699-1612
Subject: MS4 Stormwater Program Audit Report l—'5GOO1402
Response to Audit
Dear Ms. Powell,
The City of Mebane received NC DEQ's Notice of Deficiency and MS4 Audit Report on July 13, 2021.
We were disappointed by the outcome of a Notice of Deficiency as the City of Mebane is dedicated to
being good stewards of the environment and had previously received a Notice of Compliance in 2018.
We have consulted with our stormwater manager, Josh Johnson, P.E. on the audit report and Mr.
Johnson's summary is attached. As noted in Mr. Johnson's letter, the City of Mebane intends to comply
with the Notice of Deficiency while also noting discrepancies in the audit report.
As the City works through these items, I have instructed Mr. Johnson, Assistance City Manager Preston
Mitchell, and other staff to work directly with you and DEMLR staff to concentrate on improving the
City's stormwater program and if there are any questions, please feel free to discuss directly with
Preston or Josh.
Sincerely,
n,
61�
Chris Rollins
City Manager
Cc: Josh Johnson, P.E.
Preston Mitchell, Assistant City Manager
CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 0 [phone] 0 [e-mail]

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August 10, 2021
Mr. Chris Rollins
City Manager
City of Mebane
106 East Washington Street
Mebane, NC 27302
Subject: MS4 Stormwater Program Audit Report
Response to Audit
Dear Mr. Rollins,
As you are aware, NC DEQ's Division of Energy, Mineral, and Land Resources (DEMLR) conducted
an audit of the City's Municipal Separate Storm Sewer System (MS4) on June 22°d and 23'd, 2021. The
audit was conducted by DEMLR staff from the Winston Salem Regional Office and included one day
inside and one day of field visits in order to determine the City's compliance with it's NPDES Phase 2
MS4 stormwater permit and comprehensive stormwater management plan (CSWMP). The audit was the
second time that the City has been audited with a previous audit conducted in January 2018. The January
2018 audit resulted in the City receiving a Notice of Compliance report.
The City received it's audit report from DEMLR on July 13th, 2021. The audit report included a Notice
of Deficiency (NOD) based upon minor deficiencies identified in the audit report. After a review of the
audit report and NOD, we concur that there are improvements that can be made to the City of Mebane's
stormwater program. However, there are several identified deficiencies in the report that we believe are
incorrectly noted, outside the purview of the audit/permit, or directly related to the City's previously
approved annual reports. The following is a review of these concerns as well as changes that the City
needs to address in the near future:
Items of Concern from the Audit:
1. The City submits an annual report summarizing the status of the stormwater program. This
narrative style report is intended for use by NC DEMLR for evaluation of the City's program but
it also serves to inform elected officials, staff, and citizens of Mebane. We use the same report
format for several communities as it has been successful in outlining the programs while
providing requested information to those stakeholders. The City's report is submitted every year
in accordance with DEMLR requirements and was formally approved by DEMLR staff as
meeting permit requirements in December 2019 for the previous years. We did not receive a
response last year but the concern is that the annual report is noted as being insufficient six times
within the audit report. The annual report will be revised as requested but it is difficult to
understand how this is a noted deficiency when it was not noted in the previous audit nor in the
approval of the annual report in 2019.
2. The audit report's section on Illicit Discharge Detection and Elimination (IDDE) includes several
areas that appear incorrect based upon the audit and the documents provided for the audit. In
particular:
CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 O [phone] 0 [e-mail]

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a. The audit notes that the outfall map has not been updated but this is incorrect and this
was not discussed in this manner during the audit report. As you are aware, the City has
worked fairly hard to improve it's GIS updating process and it's unclear how the auditors
got this impression.
b. The audit report notes that "dedicated procedures for investigating illicit discharges,
specific to the permittee, were not located." The auditors may have missed this but the
IDDE program includes very specific IDDE procedures and these were provided to the
auditors.
c. The audit report notes that "no direct response procedures (from public reporting) were
established, outlined, or described." This was outlined in detail during the audit by myself
and Cy Stober.
3. The audit report notes that the SCM program does not show how the permittee will conduct post -
construction inspections and assure that the inspections are conducted once per permit cycle. The
City has inspected all SCM's in the current permit cycles and the City's CSWMP clearly notes
that the City will do this. The SCM program will be updated to reflect this but this does not
appear to be a deficiency.
4. The audit report site visit evaluations include several concerns. These are as follows:
a. Mebane Public Works and Waste Treatment Plant employees are noted as not receiving
training which is incorrect. This was clearly discussed with the auditors and in fact, the
employees received training on the afternoon of June 23, 2021.
b. The site inspector is marked as partially knowledgeable about permit requirements for
pollution prevention and good housekeeping. The site inspector, Phil Ross, has over 30
years of experience in municipal, county, and agricultural stormwater and water quality
experience. Phil retired as the Alamance County Conservation District Administrator and
has been working with AWCK and the City of Mebane for 3 years after that. The specific
notes about being more familiar with the appropriate plans for each site is incorrect as
this directly reviewed in front of DEMLR staff while on site.
c. The MS4 outfall inspected was clearly defined as 3-42" pipes, the last rainfall event was
the day prior to the site inspection, and that flow was present during the site visit. The
audit report notes all of these as unknown or not present. As the inspector for this visit, I
also clearly provided my prior experience in stormwater to the auditors but this is also
marked as unknown.
d. The audit report notes that the Compass Pointe pond does not include an operation and
maintenance plan. This is incorrect in that one is included in the sample documentation
sent to the auditors. We also believe it to irrelevant as pond maintenance has become a
very typical item, inspections are required to be completed by a licensed inspector, and it
is not required in the permit.
5. The audit report's section on pollution, prevention, and good house keeping included several
opinions on the adequacy of spill response plans and operation and maintenance plans. The
City's permit and CSWMP include requirements for these plans but they do not require the
specificity requested by the auditors. These documents were marked as partial compliance while
they are actually compliant when viewed through the permit and CSWMP.
Response Actions:
1. Respond to DEMLR noting these concerns and that the City plans to comply with the audit
findings (outside of some of those items noted above).
CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 Q [phone] 0 [e-mail]

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2. Conduct a self audit of the City's Public Education and Outreach and Public Involvement
programs.
3. Develop a draft Stormwater Management Plan (updated CSWMP).
4. Submit a new permit application after approval of the draft SWMP (above).
5. Improvements to the Annual Report addressing issues noted.
6. Posting of the CSWMP on the City website.
7. Implementing a written agreement with Stormwater Smart for public education assistance.
8. Documenting all stormwater calls — not just illicit discharges.
9. Additional stormwater training for City employees.
10. Update the City's facility O&M plans.
11. Create specific tracking mechanism for O&M site inspections.
12. Resolve or permit the mulch pile on the Public Works site.
In reviewing the audit report and the audit process, the auditors had several worthy suggestions to make
the City's stormwater program better. A better program will benefit the citizens of the City by
improving water quality but I believe after reviewing the audit report that the report is overly hard in its
assessment of the program and that a Notice of Compliance was warranted rather than the Notice of
Deficiency.
As always, it is our pleasure to work with the City of Mebane and if you would like to discuss any of the
above items, please let me know.
Sincerely,
Jos Johnson, P.E.
Stormwater Manager (contracted)
CITY OF M EBAN E 106 East Washington Street I Mebane, NC 27302 0 [phone] 0 [e-mail]