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'ii - i1 �� Summary.................................................................................................................................................................... 3 Governing Permits, Rules, and Regulations.............................................................................................................. 3 NCDEQIssued MS4 Permit............................................................................................................................. 3 PhaseII Regulations............................................................................................................................... 4 TMDLs.................................................................................................................................................... 4 Category4b Plan.................................................................................................................................... 5 Jordan Lake Nutrient Management Strategy................................................................................................. 5 StageOne Reporting.............................................................................................................................. 6 Governing City Ordinances for Water Quality........................................................................................................... 6 Chapter 31.5 — Soil Erosion and Sedimentation Control............................................................................... 7 Appendix A, Section 32.2 (Q) — Water Supply Watershed Protection Regulations ....................................... 7 Appendix B — Flood Damage Prevention Ordinance...................................................................................... 8 Appendix D — Stormwater Ordinance............................................................................................................ 8 Appendix E — Existing Riparian Buffer Protection Ordinance........................................................................ 9 Surface Waters and Watersheds............................................................................................................................. 10 BackCreek.................................................................................................................................................... 10 BowdenBranch............................................................................................................................................ 10 LittleAlamance Creek.................................................................................................................................. 11 GunnCreek.................................................................................................................................................. 11 StaleyCreek................................................................................................................................................. 11 ServisCreek.................................................................................................................................................. 12 HawRiver..................................................................................................................................................... 12 LakeMackintosh.......................................................................................................................................... 12 LakeCammack............................................................................................................................................. 13 StonyCreek Reservoir.................................................................................................................................. 13 WaterQuality Programs.......................................................................................................................................... 13 Public Education and Outreach.................................................................................................................... 13 Public Involvement and Participation.......................................................................................................... 14 Illicit Discharge Detection and Elimination.................................................................................................. 15 Construction Site Runoff Controls............................................................................................................... 15 Post -Construction Site Runoff Controls....................................................................................................... 16 Pollution Prevention and Good Housekeeping for Municipal Operations .................................................. 16 2 1 P a g e The City of Burlington was reissued its NPDES stormwater permit from the state on February 20, 2017. Detailed in this permit are the six minimum control measures the City is required to implement as it continues efforts to reduce stormwater pollution within the ETJ of Burlington. This report summarizes the activities that the Stormwater Division and its partners participated in from December 1, 2015 — June 30, 2017. Additionally, a brief description of state and federal stormwater regulations, City of Burlington Ordinances, and surface waters located within the City are detailed within this report. NCDEQ ISSUED MS4 PERMIT The North Carolina Department of Environmental Quality (NCDEQ) issues NPDES (National Pollutant Discharge Elimination System) permits to local governments, which allow the flow of stormwater runoff from the lands within the local government's jurisdiction to those lands and waters outside of their jurisdiction. This permit is referred to as the Municipal Separate Storm Sewer System (MS4) permit. The MS4 permit is renewed every five years and is the current means NCDEQ utilizes for implementing non -point source regulations. Being individual permits, each MS4 permit is tailored to specifically meet the needs of each jurisdiction. The City of Burlington's MS4 permit was originally issued in July, 2005 with a 5 year permit renewal cycle. The MS4 permit predicates the requirements in which the City is to manage its stormwater discharges during this timeframe. The most recent renewal was issued on February 20, 2017 and it marked the beginning of the third 5 year stormwater permit cycle for the City of Burlington. The current permit requires the City to establish stormwater programs and policies that are designed to meet or exceed EPA's six minimum measures of the Phase II stormwater programs (see Phase II Regulations below). In addition, the permit requires the City to create and implement programs for 3 1 P a g e water bodies which are listed as impaired by NCDEQ and have a Total Maximum Daily Load (TMDL) approved by EPA. This requirement is detailed in the permit but presently the City of Burlington does not have any surface waters with an approved TMDL. Permit conditions are included in the event the City receives a TMDL during the current permit cycle. The Environmental Protection Agency (EPA), under the direction of the Clean Water Act, developed six minimum measures that MS4 permit holders should implement in order to protect and restore water quality. The measures are as follows: 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 The requirements of each measure are outlined in detail later in this document under the Water Quality Programs section. A Total Maximum Daily Load (TMDL) consists of an individualized study of specific surface waters and its associated watershed. Typically, the surface water has been included on the State's 303(d) list, a compiled list of surface waters in North Carolina not meeting water quality standards, prior to initiation of the TMDL process. The purpose of the TMDL is to determine what characteristics of the watershed are promoting deviations from water quality standards. The TMDL then sets limits or numerical targets for the pollutant that the MS4 permit holder is responsible for achieving. This target is expressed in the form of a Waste Load Allocation (WLA). Currently, the City of Burlington does not have any surface waters within its jurisdiction that have an approved TMDL. 4 1 P a g e Category4. • . The City of Burlington has an approved Category 4b Plan for Little Alamance Creek. This plan was developed in an effort to address existing aquatic life impairments as identified by NCDEQ. The document has been approved by NCDEQ and EPA. The plan outlines best management practices the City will implement in order to achieve a biological integrity rating of "Good -Fair" or better. The plan can be found on the City's website at https://www.burlingtonnc.gov/1577/Little-Alamance-Creek . In addition, the City of Burlington along with the City of Graham and the NCDOT developed the Little Alamance Creek Watershed website. The website, as part of a Healthy Streams Cooperative, is centered on improving the water quality within Little Alamance Creek and can be found at littlealama ncecreek.com. The website provides educational material to the public, a calendar of local events, and information for the public, regulatory agencies, and municipal staff about restoration efforts. JORDAN LAKE NUTRIENT MANAGEMENT STRATEGY B. Everett Jordan Lake is a 46,768 acre water supply reservoir and recreation facility near Cary, NC. There are three distinct watersheds that drain to Jordan Lake, including the Haw River Watershed which encompasses the City of Burlington. The lake has consistently experienced excessive chlorophyll A levels since its impoundment in 1973. To address this, NCDEQ initiated a TMDL and subsequent rulemaking to develop a nutrient management strategy aimed at reducing the nutrients that promote high chlorophyll A levels, nitrogen and phosphorus. This strategy became commonly known as the "Jordan Lake Rules" or simply "the Rules" and consisted of 13 separate rules, each addressing a separate area of concern. The Rules, as approved by the EMC, were opposed by many local governments and thereby required the NC General Assembly to take action on the Rules. In June and August of 2009, two separate session laws were approved by the NC General Assembly representing a compromise from the Rules as originally approved. The rules, background and implementation 5 1 P a g e schedules can be found at www.iordanlake.org. The website includes the list of rules and session laws that collectively represent the Jordan Lake Nutrient Management Strategy. The Rules will have a significant impact on the Stormwater Division's daily operations and long term goals. As of this report, the City has developed an Existing Riparian Buffer Protection Ordinance in compliance with 15A NCAC 02B .0267, .0268, & .0269 and has submitted a Stage One Program as required by Session Law 2009-216. The City of Burlington submitted its Annual Stage One Adaptive Management Program Report to NCDEQ on October 31, 2015 as required. Within this report the City identified potential retrofit projects for future nutrient load reduction within its jurisdiction. In conjunction with this requirement, the City has developed a city wide feasibility study and identified and prioritized locations for future retrofits as predicated by the Jordan Lake Rules. The City's Stormwater Division partnered with the Alamance County Cooperative Extension Center to install one such retrofit at their offices at 209-C N Graham Hopedale Road, Burlington, NC 27217. The City has approved and enforces several ordinances aimed at protecting water quality and flood control. These ordinances are enforced through several departments within the City including: Engineering, Planning and Water Resources. The Stormwater Division collaborates with each department to insure water quality and quantity goals are achieved. The ordinances can be found at https://library.municode.com/nc/burlington/codes/code of ordinances and are summarized in the paragraphs below. 6 1 P a g e CHAPTER 31.5 - SOIL EROSION AND SEDIMENTATION CONTROL The Soil Erosion and Sedimentation Control Ordinances are applied to all land disturbing activities within both the City limits and the extraterritorial jurisdiction (ETJ). The purpose of this program is to reduce sediment from leaving construction sites and thereby impacting water quality of receiving streams and lakes. This program is managed by the City's Engineering Department and requires plan review, site inspections and enforcement actions, when necessary. Currently, all sites disturbing greater than 1 acre are required to obtain an Erosion and Sedimentation Control Permit prior to commencing land disturbing activity. The City has a MOA with the Sediment Control Commission (SCC) which specifically defines the roles of the program and the Commission. The City of Burlington provides enforcement of the Sediment Pollution control Act (SPCA) on behalf of the SCC. The City of Burlington provides reporting and annual summary of activities to the SCC. APPENDIX A, SECTION 32.2 (Q) - WATER SUPPLY WATERSHED PROTECTION REGULATIONS The Water Supply Watershed Protection Regulations apply to a very limited amount of land subject to the City's jurisdictional powers. This property is located within the Lake Mackintosh Watershed and applies for a distance of 1 mile from the surface water's normal pool or to the ridge line of the Watershed. The regulations have two distinct density designations and development intensity requirements. The low density use regulations limit single family residential uses to 1 dwelling unit per 2 acres or a maximum of 6% built upon area for other uses. Meanwhile, a high density use option allows for 1.5 dwelling units per 1 acre or 24% built upon area is available if public water and sewer are utilized and engineered stormwater controls that treat the first 1" of runoff are implemented. Both designations require a 50' buffer for streams and lakes. Within the Watershed, several single family residences have installed a structural stormwater control measure. The City of Burlington will begin providing the annual inspection for individual homeowners that currently own a lot in which an engineered control is required. Single family lot owners can apply the cost of private inspection to the routine maintenance of these devices moving forward. 7 1 P a g e APPENDIX B - FLOOD DAMAGE PREVENTION ORDINANCE The Flood Damage Prevention Ordinance applies to all areas of special flood hazard within the City's jurisdiction. The purpose of the ordinance is to ensure development of flood prone areas is undertaken in a responsible and environmentally sensitive manner. For mapped streams, the ordinance restricts building within floodways and requires base flood elevation determinations. Residential and nonresidential structures are required to be constructed 2' above the base flood elevation, effectively the 100yr flood elevation. Where streams are unmapped, the ordinance provides setbacks from stream centerlines based upon the size of the upstream drainage area. In addition, elevations of structures are determined by developing a reference elevation. The reference elevation is the overtopping elevation of a downstream culvert or roadbed to which the stream slope is applied to in order to transpose the elevation to the property. The finished floor must be 2' above the determined elevation. The ordinance requires a development permit to be applied for and approved prior to construction. APPENDIX D - STORMWA TER ORDINANCE The Stormwater Ordinance applies to all land disturbing activities within both the City limits and the extraterritorial jurisdiction. The purpose of this program is to protect the water quality of surface waters located within the City. This program is managed by the City's Stormwater Division and requires plan review, on -site BMPs, site inspections and enforcement actions, when necessary. Currently, all sites disturbing greater than 1 acre are required to obtain a Stormwater Permit prior to commencing land disturbing activities. The general requirements of the Stormwater Ordinance for new development are as follows: 1. 50' riparian buffer requirements (30' undisturbed and 20' managed) from mapped streams; 2. Removal of 85% of total suspended solids (TSS) for the first 1" of runoff from new impervious cover (requires on -site BMP); 8 1 P a g e 3. Releasing runoff from the property in the post -development state at a rate equal to the pre - development rate for the 1 yr-24 hr storm, or approximately a 3" rainfall event (requires on -site BMPs). In addition to the new development requirements, the ordinance requires existing illicit discharges and connections to be abated. APPENDIX E - EXISTING RIPARIAN BUFFER PROTECTION ORDINANCE The Existing Riparian Buffer Protection Ordinance applies to all mapped surface waters within both the City limits and the extraterritorial jurisdiction. In order for the ordinance to be enforceable, the surface water must be depicted on either the USGS Topographic Quadrangle Maps, USDA Soil Survey Maps, or a map approved by the EMC. To date the EMC has not approved a map for lands within the City's jurisdiction. This ordinance was promulgated by the Jordan Lake Rules and is designed to maximize nutrient uptake along streams and creeks. This is accomplished by protecting a 50' strip of land adjacent to the surface water's bank. For streams and creeks, this equates to a protected corridor of 100' plus the width of the stream (bank to bank). Just as with the buffer requirements for new development, the buffer is divided into two zones. Zone 1 is a 30' undisturbed strip of land located adjacent to the stream and Zone 2 is a 20' managed strip of land adjacent to the undisturbed zone. Zone 2 has maintenance allowances including mowing and tree removal, but impervious cover is restricted from being added to either Zone 1 or 2. Another aspect of the ordinance is the diffuse flow requirement. This restricts the velocity of runoff to non -erosive flows prior to entering the buffer. Flows exceeding this standard should be reduced in order to allow the buffers optimal protection and efficiency. 9 1 P a g e The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS) identifies seven receiving creeks, streams, or rivers that stormwater runoff from the City's jurisdiction flows into. These surface waters are described below: (A map showing the individual watersheds is also included in this report). BACK CREEK The watershed for Back Creek (stream segment index number: 16-19-5) is approximately 8,775 acres. Approximately 3,250 acres or 37% of the watershed is located within the City's jurisdiction. The land located within the City's jurisdiction is mainly the lower end of the watershed and is primarily composed of residential zoning. The area outside of the City's jurisdiction is mainly large lot residential and farmland. The receiving water for Back Creek is Big Alamance Creek. Back Creek is not included on the 303(d) list for NC and has a water quality classification of WS VASW. BOWDEN BRANCH The watershed for Bowden Branch is approximately 1,850 acres. Approximately 850 acres or 46% of the watershed is located within the City's jurisdiction. The land located within the City's jurisdiction is mainly in the upper end of the watershed and is primarily composed of residential and industrial zonings. The area outside of the City's jurisdiction is located within the City of Graham and is mainly residential, industrial and commercial zonings. Bowden Branch is a named tributary of Little Alamance Creek. Bowden Branch is not specifically named on the 303(d) list for NC. However, since Little Alamance Creek is included on the 303(d) list due to a "biological impairment" and Bowden Branch is located within the Little Alamance Creek watershed a "biological impairment" rating is implied. Bowden Branch has a water quality classification of WS V:NSW. 101 Page LITTLE ALAMANCE CREEK The watershed for Little Alamance Creek (stream segment index number: 16-19-11) is approximately 10,176 acres. Approximately 7,330 acres or 72% of the watershed is located within the City's jurisdiction. The land located within the City's jurisdiction is mainly in the upper end of the watershed and is primarily composed of residential with industrial commercial zonings intermixed. The area outside of the City's jurisdiction is located within the City of Graham and is residential, industrial and commercial zonings. The receiving water for Little Alamance Creek is Big Alamance Creek. Little Alamance Creek is included on the state's 303(d) list due to a "biological impairment" and has a water quality classification of WS VASW however due to the approval of the Category 4B Demonstration this creek is not included on 303(d) listings. G UNN CREEK The watershed for Gunn Creek (stream segment index number: 16-19-7) is approximately 5,040 acres. Approximately 4,450 acres or 88% of the watershed is located within the City's jurisdiction. The land located within the City's jurisdiction is mainly is primarily composed of residential zoning with industrial and commercial zonings intermixed. The area outside of the City's jurisdiction is located within the Town of Elon and is a mainly comprised of a combination of residential and institutional zonings. The receiving water for Gunn Creek is Big Alamance Creek. Gunn Creek is not included on the 303(d) list for NC and has a water quality classification of WS V:NSW. STALEY CREEK The watershed for Staley Creek (stream segment index number: 16-15-1) is approximately 1,215 acres. The entire watershed is located within the City's jurisdiction and is composed primarily of residential and industrial zonings. The receiving water for Staley Creek is Servis Creek. Staley Creek is not included on the 303(d) list for NC and has a water quality classification of WS V:NSW. 111 Page SERVIS CREEK The watershed for Servis Creek is approximately 5,125 acres. The entire watershed is located within the City's jurisdiction and is composed of residential zoning with industrial and commercial zonings intermixed. The receiving water for Servis Creek is the Haw River. Servis Creek is not included on the 303(d) list for NC and has a water quality classification of WS V:NSW. •; i The Haw River (stream segment index number: 16-1) receives very little overland flows directly from properties within the City's jurisdiction. The lands that drain directly into the river are large forested tracts or residential. The receiving water for the Haw River is B. Everett Jordan Lake. This segment of the Haw River is not included on the 303(d) list for NC and has a water quality classification of WS V: NSW. In addition to the surface waters that are listed above, the City utilizes three water supply reservoirs. These reservoirs are described in the narratives below. LAKE MACKINTOSH Lake Mackintosh is a primary water -supply reservoir for the City that was impounded in 1981. The 1,102 acre lake was created by impounding Big Alamance Creek. The watershed is mainly farmland, forest or large lot residential. The entire lake falls within the jurisdiction of the City of Burlington. The receiving water from the lake is Big Alamance Creek. 121 Page LAKE CAMMACK Lake Cammack is a secondary water -supply reservoir for the City that was impounded in 1964. The 840 acre lake was created by impounding Stony Creek. The watershed is mainly farmland, forest or large lot residential. The lake is located outside of the City's jurisdiction positioning Alamance County as having jurisdictional authority. The receiving water from the lake is Stony Creek. STONY CREEK RESERVOIR Stony Creek Reservoir, commonly known as City Lake, is a primary water -supply reservoir for the City that was impounded in 1928. The 140 acre lake was created by impounding Stony Creek downstream from Lake Cammack. The watershed is mainly farmland, forest or large lot residential. The lake is located outside of the City's jurisdiction positioning Alamance County as having jurisdictional authority. The receiving water from the lake is Stony Creek. PUBLIC EDUCATION AND OUTREACH Environmental stewardship begins with obtaining knowledge of environmental concerns, issues, and developments. In an effort to educate as many citizens and business owners as possible, the City's Stormwater Division has joined forces with the Piedmont Triad Council of Government's Stormwater SMART program and the Piedmont Triad Water Quality Partnership (PTWQP). Both of these programs are dedicated to water quality education and outreach yet each has a unique approach to this end. The Stormwater SMART program focuses on targeted, small group settings while the PTWQP utilizes mass media to a great extent. Collectively, these programs are able to reach out to many schools, churches, local organizations, and citizens via the following methods: 1. Booths at Conferences 131 Page 2. Classroom Presentations 3. Small Group Presentations 4. Newspaper Articles 5. Brochures 6. Television Commercials The City continued its efforts by providing increased one-on-one contact with citizens, continuing availability of its stormwater hotline, and developing City Works articles. For December 2015-June 2017, the City continued its activities as follows: • 55 Connecting Burlington Communities (CBC) requests related to stormwater • 1 one-on-one consultation with Commercial Businesses for buffer impacts • 1 one-on-one consultation with Residents for buffer impacts • 6 City Works article (distributed with monthly water bills) • 2 booth displays at special events • Continued availability of its stormwater hotline (336) 222-5091 or http://www.burlingtonnc.gov/burlingtonconnected • Continued availability of an informational website — www.burlingtonnc.gov/stormwater Note: Annual reports for the Stormwater SMART program and the PTWQP can be found on their respective websites, Stormwater SMART and PTWQP. PUBLIC INVOLVEMENT AND PARTICIPATION The City recognizes the need to provide citizens with opportunities to engage in stormwater related activities. The City solicits public involvement and participation both independently and through coordination with Stormwater SMART and the PTWQP. The following activities are a summary of the continued efforts the City undertook for December 2015-June 2017: • 1 public meeting for input on the City's stormwater program • 3 hazardous waste and paint collection day (April 2016, October 2016, April 2017) • 5 E-waste collection days (Totals E-waste 42.8 tons, TVs 35 tons, and Cost $8,813.91) • 3,127.3 tons of yard waste collected and composted • 3 City of Burlington Organized Stream Clean-up Events with a combined total of 5,620 lbs. of debris collected from the Little Alamance Creek Watershed (2.6 miles stream Cleaned.) 141 Page • 6 In Stream Aquatic Exploration classes Note: Annual reports for the Stormwater SMART program and the PTWQP can be found on their respective websites, Stormwater SMART and PTWQP. ILLICIT DISCHARGE DETECTION AND ELIMINATION Illicit discharges and connections are potential locations for direct entry of pollutants into surface waters. The Stormwater Ordinance outlines regulations related to illicit discharge detection and elimination (IDDE). In order to meet the goals of the ordinance, the City of Burlington remains focused on enhancing its IDDE program. Continued efforts for December, 2015 —June, 2017 are as follows: • 5 illicit discharges site visits by stormwater staff • 4 properties issued correspondence requiring mitigation by the private property owner • Continued periodic monthly sampling of 21 compliance points within all the named watersheds • 1 staff review of the existing storm sewer outfall map developed in 2008-2009 and updated continuously • 9 municipal employee training programs to educate staff on IDDE program CONSTRUCTION SITE RUNOFF CONTROLS The City of Burlington requires all land disturbing activity that exceeds 1 acre of disturbance to submit an approved Sediment and Erosion Control (S&EC) Plan in an effort to comply with the Sediment and Pollution Control Act 1973. S&EC best management practices provide for total suspended solid and volume control during construction. Upon completion of the land -disturbing activity the post - construction site runoff controls are installed. During December, 2015 —June, 2017 the City completed the following: • 26 new projects exceeding 1 acre required the review of an S&EC Plan • 640 site inspections by municipal staff of S&EC permitted activities • 2 municipal staff attended NCDEQ S&EC Conference • 1 municipal staff attended NCDOT S&EC Conference • 3 trained S&EC inspectors on staff 151 Page POST -CONSTRUCTION SITE RUNOFF CONTROLS The City of Burlington continued direct involvement in new development/redevelopment projects with both the review of SWMP and final inspection of Post -Construction Site Runoff Controls. Prior to the acceptance of all permanent stormwater BMP's the City receives maintenance and access easements, operations and maintenance manuals, and final as -built paperwork. The stormwater division receives annual self -inspections of all accepted Post -Construction Site Runoff Controls and performs compliance inspections of these facilities a minimum of one time during the permit cycle. Municipal compliance inspections that result in maintenance items are monitored for completion of corrective actions. The City has the ability to pursue enforcement actions in the event of continued non-compliance with the post development stormwater ordinance. During December, 2015 — June, 2017 the City continued to perform activities prescribed by the permit for post development stormwater management: • 27 new projects exceeding 1 acre required the review of a SWMP • 66 post development stormwater facility inspections conducted by property owner or their delegated individual • 1 property sited as "Non -Compliant" based on the NC BMP Operation and Maintenance Manual • 1 properties completed the repair/maintenance items sited in the inspection • 2 Staff members took the NCSU Benthic Macroinvertebrate Course POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS The City has dedicated stormwater personnel to administer the educational and monitoring of internal operations. The environmental specialist position provides a point of contact for all municipal housekeeping and stormwater related issues. The review of existing operations and existing SOP's for stormwater compliance are among many of the Good Housekeeping initiatives the City of Burlington has continued to enhance. The review of municipal operations has included additional training and corrective action where necessary to provide increased stormwater compliance for the City. Some continued efforts by the City for Pollution Prevention and Housekeeping December, 2015 — June, 2017: 161 Page • 2.5 months of free bulk item collection days for City residents to accommodate items often discarded near streams or on abandoned property (Couches, White Goods, etc.) • 4 Used Oil Recycling programs with private contractor (or anytime at Alamance Landfill 336- 376- 8902) • 1 salt storage facility inspected under a regular inspection and maintenance program • 3127.3 tons of loose leaves collected and composted • 292 municipal employees trained in general stormwater pollution prevention • 29 stormwater pollution prevention trainings held • 86 BMP Inspections performed by staff for municipal owned facilities • 4,302 storm drain grates checked and cleaned of debris • 4,161 catch basins cleaned • 98 bridges cleaned • 3,083 heads of pipe cleaned • 12,847 Curb miles swept by our street sweeping operator during this reporting period For more information about the City of Burlington Stormwater Program contact: City of Burlington Storm water Division 1302 Belmont Street Burlington, NC 27216 (336) 222-5091 www.BurlingtonNC.gov/Stormwater 171 Page