NCS000559_NOD and Audit Report Revised_20220930

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CARO..ir, ,
Environmen tat Quald.v
September 30, 2022
CERTIFIED MAIL 7017 2680 0000 2237 2492
RETURN RECEIPT REQUESTED
Town of Clayton
Attn: Rich Cappola, Interim Town Manager
C'O Joshua Baird, Engineering Director
PO Box 879
Clayton, NC 27528
Subject: NOTICE OF DEFICIENCY (NOD-2022-PC-0104)
Town of Clayton
NPDES MS4 Permit No. NCS000559
Johnston County
Dear Mr. Cappola:
On March 30, 2022, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of subject National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit. The audit identified minor deficiencies with the
specific components of the MS4 permit that were reviewed, as provided in the attached DEQ MS4 Permit
Compliance Audit Report. This report lists and describes the deficiencies with certain components of the
MS4 permit, which constitutes a violation of the Clean Water Act and is grounds for enforcement action.
In accordance with Part VI of the permit and DEQ policy, a new 5-year MS4 permit will be issued in
response to the audit. As such, the permittee is required to complete the following actions:
I . Respond in writing within thirty (30) calendar days from the date of receipt of this notice to
acknowledge these requirements and the intent to comply.
2. Self -evaluate the permit components that were not reviewed by DEQ for compliance and submit
the results within one hundred twenty (120) calendar days from the date of receipt of this letter.
The Part lI of the MS4 Phase I1 Audit Template on the DEQ stormwater web site can be used for
this purpose. The specific sections that should be self -audited include:
a. Part II Section B: Public Education and Outreach;
b. Section C, Public Involvement and Participation; and
c. Section F: Post -Construction Site Runoff Controls;
d. Section H: Total Maximum Daily Loads
3. Develop a Stormwater Management Plan (SWMP) which details specific actions, measurable
goals, and implementation timelines for the stormwater management program over the new 5-
year permit term. The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP
Template. The permittee shall submit the SWMP to DEQ for review and comment within one
hundred twenty (120) calendar days from the date of receipt of this letter.
Forth C.aci ina Departrurnt of Lnvironanental (,fit ah;y i DIAMon of l:ner(ry %litwral and Land Re soarers
�Q7> It. Ile gh Regional Of tice 11628 Mail Set vice Cent vr 13800 Barret[ Drive I Ralo<jh, North Carolina 7.7n00
o:erw.sa e.wwwra owar y 1.1 :.9l 12()o

4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty (180) days prior to permit expiration, or
b. Within thirty (30) days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4 should submit the
application including a signed Final Draft SWMP. A new 5-year NPDES MS4 permit
will be public noticed along with the Draft Final SWMP.
5. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQ
approval and final permit issuance. The final DEQ-approved SWMP shall become an
enforceable component of the NPDES MS4 permit and an Annual Self -Assessment Template that
corresponds to the approved SWMP will be provided.
Required documentation shall be submitted via e-mail to Isaiah. Reed i ,ncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
1612 Mail Service Center
Raleigh, NC 27699-1612
If the MS4 fails to meet the aforementioned requirements and/or submits a significantly noncompliant
Draft SWMP, DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit:
Under state law, a daily civil penalty of not more than twenty f ve thousand dollars ($25, 000) per
violation may be assessed against any person who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit [North Carolina General Statute 143-215, 6A].
Please note that compliance with the requirements of this NOD andlor issuance of civil or
criminal penalties levied by DEQ does not preclude the EPA from carrying out its own
enforcement case against the permittee.
Thank you for your attention to this matter. Should you have any questions, please contact Thad
Valentine at [phone] or thad.valentinew�ncdenngo , or the Interim MS4 Program Coordinator at
Isaiah. Reed �ancdenr.gov.
Sincerely,
�rt
William H. Denton, IV, PE
Regional Engineer
DEMLR
Enclosures: DEQ MS4 Program Audit Report (March 30, 2022, Town of Clayton)
cc: Rich Cappola Qca ola c townofcla on.or r }
DEMLR Stormwater Program Supervisor
[e-mail], DEMLR Interim MS4 Program Coordinator

DEMLR NPDES MS4 Permit Laserfiche File

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000559
Town of Clayton, NORTH CAROLINA
PO Box 879, Clayton, NC
Audit Date: March 30, 2022
Report Date: September 30, 2022
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

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NCS000559_Town of Clayton MS4 Audit_20220815

TABLE OF CONTENT
AuditDetails........................................................ ........... - ....... ........................... .... - ....... .......... .... 1
PermitteeInformation.................................................................................................................................. 2
Listof Supporting Documents......................................................—....,........................................................ 3
Program Implementation, Documentation & Assessment .... ............................ ........ — ... ............................ 4
Illicit Discharge Detection and Elimination (IDDE)....................................................................................... 8
Construction Site Runoff Controls..... .... -.... ....... ................... ....... —.—............ —.......... ....... ................... .,. 12
Pollution Prevention and Good Housekeeping for Municipal Operations......... ........................................ 16
Site Visit Evaluation. MunicipaI Facility No. 1, ............... ... ...... 20
Site Visit Evaluation: MS4 Outfall No. 1..................................................................................................... 22
Site Visit Evaluation. Construction Site No. 1.......................... ..... .................. .......... ...... ...... ..... 24
Appendix A. Supporting Documents
Appendix B; Photograph Log
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 implement the approved Storm water
Management Plan in accordance with the issued permit.
NC5000559_Town of Clayton MS4 Audit 20220815 li

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NCS000559 Town of Clayton MS4 Audit 20220815 M

Audit Details
Audit ID Number:
Audit Date(s):
NC5000559 Town of Clayton MS4 Audit_20220815
March 30, 2022
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
2 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: 1
® MS4 Outfalls. Number visited: 1
® Construction Sites. Number visited: 1
❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
Inspector(s) Conducting Audit
Name, Title OrOr a
Thad Valentine DEQ - DEMLR
Lauren Garcia
DEQ- DEMLR
Audit Report Author:
Signature / ► l +�x V� "[" ► r i ` —
Date:
q 3" "" „ —
Audit Rep or Author:
Date
-6V
/
l `
Signature A-
NCS000559_ Clayton MS4 Audit 20220815 Page 1 of 27

Permittee Information
MS4 Permittee Name:
Town of Clayton
Permit Effective Date:
02/01/2018
Permit Expiration Date:
01/31/2023
Mailing Address: PO Box 879, Dayton, NC
Date of last M54 Inspection/Audit:
March 30, 2022
Co-permittee(s), if applicable:
N/A
Permit Owner of Record:
Rich Cappola
Primary MS4 Representatives Participating in Audit
Name. Title
Organization
Susan Locklear, Town Stormwater Engineer
Town of Clayton
Kevin Watson, Env. Compliance Specialist
Town of Clayton
Johnathan Jacobs, Asst. Town Engineer
Town of Clayton
Joshua Baird, Engineering Director
Town of Clayton
MS4 Receiving Waters
Water
Classification
Impairments
Big Arm Creek
C; NSW
Fish Tissue Mercury
Little Creek
C; NSW
Fish Tissue Mercury, Benthos
Marks Creek
C:NSW
Fish Tissue Mercury
Neuse River
WS V; NSW
Fish Tissue Mercury
Neuse River
WS-IV; NSW
Fish Tissue Mercury
NCS000559_ Clayton MS4 Audit_20220815 Page 2 of 27

List of Supporting Documents
Item
Number
Document Title
When Provided
(Prior to/During/After)
1
SWMP
Prior
2
Draft SWMP
Prior
3
Organizational Chart
Prior
4
Annual report
Prior
5
CWEP Agreement
After
6
Sediment Delegation Memorandum of Agreement
Prior
7
SW-100: Internal Illicit Discharge Detection and Elimination SOP
Prior
8
SW-101: Managing Spills Which Threaten to Enter the Stormwater Conveyance
System SOP
Prior
9
Bioretention Pond O&M Manual
After
10
Town Owned Facilities List
After
11
Sediment & Erosion Control Inspection Example
After
12
Blank IDDE Inspection Form
Before
13
SCM Inspection Template
After
14
Outfall Map
Prior
15
Brochure Example
During
16
IDDE NOV Template
Prior
17
Letter of Approval
After
18
Sediment NOV Example
After
19
Street Sweeping Work Orders
During
20
Pesticide Licenses
During
NCS000559_ Clayton MS4 Audit_20220815 Page 3 of 27

Program Implementation, Documentation & Assessment
Staff Interviewed:
Susan Locklear, Town Stormwater Engineer
(Name, Title, Role)
Kevin Watson, Env. Compliance Specialist
Johnathan Jacobs, Asst. Town Engineer
Joshua Baird, Engineering Director
Permit Citation
Program Requirement
Status
Supporting
Doc No.
II.A.1
The permittee maintained adequate funding and staffing to implement and manage
Staffing and
the provisions of the Stormwater Plan and meet all requirements of the permit.
Partial
---
Funding
The Stormwater Plan identifies a specific position(s) responsible for the overall
coordination, implementation, and revision to the Plan.
Yes
1,2,3
Responsibilities for all components of the Stormwater Plan are documented and
position(s) assignments provided.
Yes
3
The permittee is current on payment of invoiced administering and compliance
monitoring fees (see stormwoter e-payments on DEMLR M54 web page).
Yes
RIMS
Comments (Briefly describe funding mechanism, number of staff, etc.)
The Town of Clayton does not have a utility fee, the MS4 Program is funded through the general fund.
The Town MS4 Program did not have a dedicated position until the Town Stormwater Engineer, Susan Locklear, was hired two years
ago (2020). Many of the written SOPS and related Program documents have been created during the two-year time span. Pieces of
the Program are still currently under development. Susan Locklear is also responsible for the Town's delegated Sediment and
Erosion Control Program.
Part of the budget is allocated to Utilities.
The Town would like additional funding for new positions. New positions are being proposed in the new budget.
The Organizational Chart is included as an Appendices in the current SWMP. The draft SWMP lists responsibilities on pages 9 and
10.
II.A.2 Stormwater
The permittee evaluated the performance and effectiveness of the program
Plan
components at least annually.
Yes
4
Implementation
and Evaluation
If yes, the permittee used the results of the evaluation to modify the program
components as necessary to accomplish the intent of the Stormwater Program.
Partial
---
Did the permitted MS4 discharges cause or contribute to non -attainment of an
applicable water quality standard?
No
--
If yes, did the permittee expand or better tailor its BMPs accordingly to address
Not
the non -attainment?
Applicable
- -
NCS000559_ Clayton MS4 Audit_20220815 Page 4 of 27

Program implementation, Documentation & Assessment
Comments
The Town Stormwater Engineer maintains a spreadsheet where she keeps track of the annual report data for each year.
There were no discharges other than sanitary sewer overflows.
II.A.3
Keeping the
The permittee kept the Stormwater Plan up to date.
Partial
1,2
Stormwater Plan
Up to Date
The permittee notified DEMLR of any updates to the Stormwater Plan.
Yes
2
Comments (indicate the date of latest Stormwater Plan and describe the nature of any updates, if applicable).
The current SWMP is dated 2018. The new draft SWMP will be submitted to the DEMLR Stormwater Program following the audit.
II.A.4 Availability
The permittee kept an up-to-date version of its Stormwater Plan available to the
of the Stormwater
Division and the public online.
No
___
Plan
The online materials included ordinances, or other regulatory mechanisms, or a list
identifying the ordinances, or other regulatory mechanisms, providing the legal
Yes
Online
authority necessary to implement and enforce the requirements of the permit.
Comments (Note what materials are available on line)
Ordinances are available online: https://codelibrary.amlegal.com/codes/claytonnc/latest/clayton_nc/0-0-0-26346. The Town plans
to add a Stormwater Webpage where all sections of the ordinances will be linked.
II.A.3 & 11.A.5
Stormwater Plan
Did DEMLR require a modification to the Stormwater Plan?
No
---
Modifications
If yes, did the permittee complete the modifications in accordance with the
Not
established deadline?
Applicable
Comments (Note date of DEMLR notification, modifications required, and date modifications were completed, as applicable)
DEMLR did not require any changes to the Plan.
II.A.6 Sharing
Responsibility
Are any control measures implemented by an entity other than the permittee?
Partial
5,6
If yes, is there a written agreement in place?
Yes
5,6
Comments f List the specific control measures implemented by others that do not have adequate written agreements, if
applicable)
The Town partners with CWEP to implement Education and Outreach and Public Involvement and Participation.
The Town of Clayton delegated Sediment and Erosion Control Program came online in January 2021. Prior to January 1, 2021,
Johnston County implemented sediment and erosion control for the Tuwn.
NC5000559_ Clayton MS4 Audit_20220815 Page 5 of 27

Program Implementation, Documentation & Assessment
II.A.7
The permittee maintained written procedures for implementing the six minimum
5, 6, 7, 8,
Written
control measures.
Yes
9
Procedures
Written procedures identified specific action steps, schedules, resources and
5, 6, 7, 8,
responsibilities for implementing the six minimum measures.
Partial
9
Comments (List the specific minimum measures that do not have adequate written procedures, if applicable)
Two SOPs were provided for IDDE: SW-100: Internal Illicit Discharge Detection and Elimination SOP, and SW-101: Managing Spills
Which Threaten to Enter the Stormwater Conveyance System SOP. The Sediment Delegation memorandum of Agreement was
provided. O&M Plans for SCMs were shown during the audit and the O&M Plan for a bio retention pond has been included as a
supporting document. The CWEP Agreement was provided.
The Town is currently developing an O&M Program for municipally owned and operated facilities with the potential for generating
polluted Stormwater runoff.
III_A
The permittee maintained documentation of all program components including, but
Program
not limited to, inspections, maintenance activities, educational programs,
Yes
11, 12,
Documentation
implementation of BMPs, enforcement actions etc., on file for a period of five years.
13
Comments (List the specific program components that do not have adequate documentation on file and why, if applicable)
Inspection report examples for a construction site and an SCM Inspection Template
were provided during and following the audit. A blank IDDE Inspection form was also provided. The Town does not have inspection
reports for 95% of SCMs. The Town is currently working on maintaining an inventory of Town owned SCMs. Johnston County
handled SCM inspections prior to January 1, 2022. O&M Manuals are supposed to be on file for private SCMs. The Town has private
SCM owners submit annual inspections.
111.113
The permittee submitted annual reports to the Department within twelve months
Annual Report
from the effective date of the permit (See Section 111.8. for the annual reporting
Yes
4
Submittal
period specific to this MS4).
The permittee submitted subsequent annual reports every twelve months from the
scheduled date of the first annual report submittal.
Yes
A
The Annual Reports included appropriate information to accurately describe the progress, status, and results
of the permittee's Stormwater Plan, including, but not limited the following:
1. A detailed description of the status of implementation of the Stormwater Plan
as a whole. This will include information on development and implementation
of each major component of the Stormwater Plan for the past year and
Yes
4
schedules and plans for the year following each report.
2. An adequate description and justification of any proposed changes to the
Stormwater Plan. This will include descriptions and supporting information for
the proposed changes and how these changes will impact the Stormwater
Yes
4
Plan (results, effectiveness, implementation schedule, etc.).
3. Documentation of any necessary changes to programs or practices for
assessment of management measures implemented through the Stormwater
Yes
4
Plan.
4. A summary of data accumulated as part of the Stormwater Plan throughout
the year along with an assessment of what the data indicates in light of the
Yes
4
Stormwater Plan.
NCSOOOS59_ Clayton MS4 Audit_20220815 Page 6 of 27

Program Implementation, Documentation & Assessment
5. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections, and enforcement
Yes
4
actions.
Comments (Note dates that annual reports cover under current permit and generally describe report deficiencies, if any)
Annual reports are submitted through RIMS. Annual reports are located in Laserfiche.
IV.B
Annual Reporting
The Annual Reports document the following:
1. A summary of past year activities, including where applicable, specific
Yes
4
quantities achieved and summaries of enforcement actions.
2. A description of the effectiveness of each program component.
Yes
4
3. Planned activities and changes for the next reporting period, for each
Yes
4
program component or activity.
4. Fiscal analysis.
Yes
4
Comments (Note dates that annual reports cover under current permit and generally describe report deficiencies, if any)
Annual reports are submitted through BIMS. Annual reports are located in Laserfiche.
Additional
Comments:
NCS000559 Clayton MS4 Audit�20220815 Page 7 Of 27

Illicit Discharge Detection and Elimination (IDDE)
Staff Interviewed:
Susan Locklear, Town Stormwater Engineer
(Name, Title,
Kevin Watson, Env. Compliance Specialist
Role)
Johnathan Jacobs, Asst. Town Engineer
Joshua Baird, Engineering Director
Permit Citation
Program Requirement Status
Supporting
Ooc No.
II.D.2.a
IDDE Program
The permittee maintained a written IDDE Program. Yes
7,8
If yes, the written program includes provisions for program assessment and
evaluation and integrating program. Partial
7, 8
Comments (Note any deficiencies)
Two SOPS for Illicit Discharge Detection were provided. SW 100: Internal Illicit Discharge Detection and Elimination SOP and SW-
101: Managing Spills Which Threaten to Enter the Stormwater Conveyance System SOP. The SW-100 document covers detection,
inspection procedures, elimination, record keeping, etc. There is a "Revision History Section." The Town uses the annual reporting
time to evaluate the program. There is not a dedicated program assessment/evaluation section in the SOP.
The permittee maintained an IDDE ordinance or other regulatory mechanism(s) that
II.D.2.b
provides the legal authority to prohibit illicit connections and discharges to the MS4.
Yes
Online
Legal Authorities
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I. Ell
Yes
Online
Comments
The Illicit Discharge Ordinance is available online: https:Hcodelibrary.amlegal.com/codes/claytonnc/latest/clayton_nc/0-0-0-25708.
The Ordinance applies throughout the corporate limits (157.104).
I I.D.2.t
The permittee maintained a current map showing major outfalls* and receiving
Storm Sewer
streams.
Yes
14
System Map
Comments
The Town has recently started mapping all outfalls using ArcGIS Collector. They are still in the process of collecting all information,
like sizes. The amp shows pipe direction and there are some GPS locations of inlets.
All maintenance data is in City Works.
*Major outfalls are discharges from > 36" diameter pipes or drainage areas of > So acres. in areas zoned for industrial activity, major outfalls
are > 12" or drainage area > 2 acres.
NCS000559_ Clayton MS4 Audit_20220815 Page 8 of 27

Illicit Discharge Detection and Elimination (IDDE)
II.D.2.d
The permittee maintained a program for conducting dry weather flow field
Dry Weather Flow
observations in accordance with written procedures.
No
---
Program
Comments (Generally summarize program, including frequency of observations and # or % of outfalls screened)
The Town is not currently conducting dry weather field inspections due to staffing shortages and because outfalls are still being
identified. The Public Works Director recently left as well, and the project has been slowed.
Dry weather screening does not appear to be a part of SW-100 or SW-101 at this time.
II.D.2.e
Investigation
The permittee maintained written procedures for conducting investigations of
Yes
7,8
identified illicit discharges.
Procedures
Comments (Generally describe what procedures are documented)
Two SOPS for Illicit Discharge Detection were provided. SW-100: Internal Illicit Discharge Detection and Elimination SOP and SW-
101: Managing Spills Which Threaten to Enter the Stormwater Conveyance System SOP. The SW-100 document covers detection,
inspection procedures, elimination, record keeping, etc.
II.D.2.f
For each case of an illicit discharge or potential illicit discharge, the permittee documented and tracked the
Track and
following:
Document
Investigations
1. The dates) the illicit discharge was observed
Yes
12
2. The results of the investigation
Yes
12
3. Any follow-up of the investigation
Yes
12
4. The date the investigation was closed
Yes
12
Comments (Note whether a standard inspection form is utilized to capture consistent information and a tracking mechanism is
used) There has not been a spill significant enough for the Town to fill out the inspection form yet. A blank IDDE Investigation Form
was provided. It has sections that address the results of the investigation, follow up, data, etc. The Stormwater Engineer maintains
a folder for all complaints and discoveries.
II.D.2.R Employee
The permittee implemented and documented a training program for appropriate
Training
municipal staff who, as part of their normal job responsibilities, may come into
No
- -
contact with or otherwise observe an illicit discharge or illicit connection.
Comments (Generally describe the staff training program, including frequency and which staff are trained)
A formal training program is currently urder development by the Town.
II.D.2.h
The permittee informed public employees of hazards associated with illegal
Public Education
discharges and improper disposal of waste.
Yes
15
The permittee informed businesses of hazards associated with illegal discharges and
Yes
15
improper disposal of waste.
The permittee informed the general public of hazards associated with illegal
Yes
15
discharges and improper disposal of waste.
NCS000559_ Clayton MS4 Audit_20220815 Page 9 of 27

Illicit Discharge Detection and Elimination (IDDE)
Comments (Note how each sector was informed, if applicable)
The Town partners with CWEP for educational materials.
The Town sets up a booth during street festivals and hands out brochures and other educational materials.
The Town maintains a few educational materials and periodically sends letters to property owners with information.
The Stormwater Engineer provides restaurants with posters and grease educational materials. Stormwater Engineer also
documents the quantity of educational materials distributed.
The Town's Communications Department is currently developing a water video series.
II.D.2.i
The permittee promoted, publicized, and facilitated a reporting mechanism for the
Public Reporting
public to report illicit discharges.
Yes
Online
Mechanism
The permittee promoted, publicized, and facilitated a reporting mechanism for staff
to report illicit discharges.
Yes
Online
The permittee established and implemented response procedures for citizen
requests/reports.
Partial
7, 8, 12
Comments (Generally describe reporting mechanisms and how promoted/publicized/facilitated/established)
There is not a dedicated hotline, but the Engineering Webpage provides contact information and instructions for reporting an issue:
https://www.townofclaytonnc.org/241/Engineering.
Town Employees will report issues directly to staff.
Complaint response is covered in SW-101. The document states the complainant will be interviewed about the reported incident.
The blank IDDE Investigation Report includes sections for the complainant's name and description of the problem.
Dedicated response procedures can be added to the SW-101 document.
1I.Q.2.1
The permittee implemented a mechanism to track the issuance of notices of violation
Enforcement
and enforcement actions administered by the permittee.
Yes
If yes, the mechanism includes the ability to identify chronic violators for
Not
initiation of actions to reduce noncompliance.
Applicable
16
Comments (Generally describe the established tracking mechanism, if applicable)
A Notice of Violation has not yet been issued by the Town. The Town is ready to track the issuances of NOVs once they have been
issued. A blank NOV Template was provided.
NCS000559_ Clayton MS4 Audit_20220815 Page 10 of 27

Illicit Discharge Detection and Elimination (IDDE)
Additional
Comments:
NCS000559_ Clayton MS4 Audit_20220815
Page 11 of 27

Construction Site Runoff Controls
Staff interviewed:
Susan Locklear, Town Stormwater Engineer
(Name, Title, Role)
Kevin Watson, Env. Compliance Specialist
Johnathan Jacobs, Asst. Town Engineer
Joshua Baird, Engineering Director
Program Delegation Status:
Z The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina
Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit
citation and SPCA citation sections).
C7 The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply
with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure
(complete only the permit citation section).
Permit Citation Program Requirement Status
Supporting
Doc No.
II.E.3 Construction
Site Runoff Controls The permittee provides and promotes a means for the public to notify the
(NPDES Permit No. appropriate authorities of observed erosion and sedimentation problems (e.g.,
Online, 6
NCS0004351 promoting the existence of the DEQ DEMLR "Stop Mud" hotline).
Comments (Describe how provided and promoted)
Prior to January 1, 2021, Johnston County handled sediment and erosion control for the Town.
There is not a dedicated hotline, but the Engineering Webpage provides contact information and instructions for reporting an issue:
https://www.townofclaytonnc.org/241/Engineering. Many people also choose to call the Town Hall and are directed to the relevant
contacts. Drainage complaints are sent to Public Works employees.
SPCA Citation
Delegated Program Requirement
Status
Supporting
Doc No.
223A-60 Local
erosion and
The permittee has adopted an ordinance or other regulatory mechanism to enforce
sedimentation
the erosion and sedimentation control program
control programs (a)
If yes, the ordinance meets or exceeds the minimum requirements of the
SPCA.
Online
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part i.D]
Online
Comments (Provide regulatory mechanism reference or Supporting Documentation number)
The Town of Clayton Soil Erosion and Sedimentation Control Ordinance is available online:
http,.://codelibrary.amlegal.com/codes/claytonnc/latest/clayton nc/0-0-0-25704.
NCS000559_ Clayton MS4 Audit_20220815 Page 12 of 27

Construction Site Runoff Controls
§ 113A-60 Local
erosion and
The permittee collects a fee paid by each person who submits an erosion and
sedimentation
sedimentation control plan.
Yes
---
control programs (d)
Comments (indicate the fee amount, if applicable)
Developers pay $225 per acre for the plan review and $125 per acre for the permit. The review fee for subdivisions is $75 per lot for
builders for single lot plans.
113A-60 Local
Has any person initiated a land -disturbing activity (within the permittee's
erosion and
jurisdiction) for which an erosion and sedimentation control plan is required in the
No
---
sedimentation
absence of an approved plan?
control programs (e)
If yes, the permittee has notified the North Carolina Sedimentation Control
Not
Commission of all such cases.
Applicable
Has the permittee determined that a person engaged in a land -disturbing activity
has failed to comply with an approved erosion and sedimentation control plan?
Yes
---
If yes, has the permittee referred any such matters to the North Carolina
Sedimentation Control Commission for inspection and enforcement?
Yes
---
Comments
A disturbance of greater than an acre without a plan has not occurred within the Town in the last two years (2020).
Several construction sites have been observed to be out of compliance. Susan Locklear is very communicative with DEMLR staff and
joint inspections regularly occur.
113A-61 Local
The permittee reviews each erosion and sedimentation control plan submitted to
approval of erosion
them and notifies the person submitting the plan that it has been approved,
Yes
17
and sedimentation
approved with modification, or disapproved within 30 days of receipt.
control plans
The permittee only approves an erosion and sedimentation control plan upon
determining that it complies with all applicable State and local regulations.
Yes
17
The permittee has disapproved of an erosion and sedimentation control plan in
order to protect riparian buffers along surface waters.
No
---
If yes, the permittee notified the Director of the Division of Energy,
Not
Mineral, and Land Resources within 10 days of the disapproval.
Applicable
Comments
The Town has not issued a Letter of Disapproval. The current standard operating procedure is to submit review comments for site
civil, water, sewer, erosion control, etc. continuously until the plan can be approved. If the plan cannot be approved, the developer
has withdrawn the project.
The need for the issuance of a Letter of Disapproval at the 30-day review deadline was discussed during the audit.
NCS000559 Clayton MS4 Audit_20220815 Page 13 of 27

Construction Site Runoff Controls
§ 113A-61.1
Inspection of land-
The certificate of approval of each erosion and sedimentation control plan
disturbing activity;
approved by the permittee includes a notice of the right to inspect.
Yes
17
notice of violation
(a)
The permittee provides for inspection of land -disturbing activities to ensure
compliance with the SPCA and to determine whether the measures required in an
Yes
11,17
erosion and sedimentation control plan are effective.
Comments
The notice for right to inspect is included in the Letter of Approval.
Regular inspections of projects are performed.
§ 113A-61.1
When the permittee determines that a person engaged in land -disturbing activity
Inspection of land-
has failed to comply with the SPCA, the Permittee immediately issues a notice of
Yes
18
disturbing activity;
violation upon that person.
notice of violation
Each notice of violation issued by the permittee specifies the date by which the
(c)
person must comply.
Yes
18
Each notice of violation issued by the permittee informs the person of the actions
that need to be taken to comply.
Yes
18
Comments
An example of an NOV issued for a sediment project was provided during the audit A compliance date and corrective actions were
included in the NOV.
113A-64 Penalties
Does the permittee issue civil penalties as part of the erosion and sedimentation
Not
program?
Applicable
Comments (indicate when/why a civil penalty is issued, and the amount, if applicable)
A civil penalty under the erosion and sedimentation program has not yet been issued by the
NCS000559_ Clayton MS4 Audit_20220815 Page 14 of 27

Construction Site Runoff Controls
Additional
Comments:
NCS000559_ Clayton MS4 Audit_20220815 Page 15 0# 27

Pollution Prevention and Good Housekeeping for Municipal Operations
Staff Interviewed:
Susan Locklear, Town Stormwater Engineer
(Name, Title, Role)
Kevin Watson, Env. Compliance Specialist
Johnathan Jacobs, Asst. Town Engineer
Joshua Baird, Engineering Director
Permit Citation
Program Requirement Status supporting
Doc No.
II.G.2.a
The permittee maintained a current inventory of facilities and operations owned
Facility Inventory
and operated by the permittee with the potential for generating polluted Yes 10
stormwater runoff.
Comments (Note number of facilities, typical inventory data and any facilities that are not inventoried that should be)
The Town maintains an inventory of all Town owned facilities internally and in City Works. Town owned facilities with the potential
for generating stormwater runoff have individual folders in a shared drive. Work orders and related documents are stored in these
folders. Documents for the SCMs present at these facilities are also located in these folders.
II.G.2.b
The permittee maintained and implemented an O&M program for municipally
Operation and
owned and operated facilities with the potential for generating polluted
No
---
Maintenance (O&M)
stormwater runoff.
for Facilities
If yes, the O&M program specifies the frequency of inspections.
Not
Applicable
If yes, the O&M program specifies the frequency of routine maintenance
Not
requirements.
Applicable
If yes, the permittee evaluated the O&M program annually and updated it as
Not
necessary.
Applicable
Comments
Each facility is operated individually by onsite staff. There is not a documented O&M Program for municipa ly owned and operated
facilities with the potential for generating polluted stormwater runoff.
The Town's Water Treatment Plant does have a site -specific spill response plan and a stormwater pollution prevention plan.
II.G.2.c
Spill Response
The permittee had written spill response procedures for municipal operations.
Partial
8
Procedures
Comments
The "SW-101: Managing Spills of Materials Which Threaten to Enter the Stormwater Conveyance System," does have sections that
cover general spill response procedures like spill containment and duties for cleanup activities, but the document is geared
specifically toward preventing spills into stormwater conveyance systems.
The Town should develop written spill response procedures for municipal operations.
NCS000559_Clayton MS4 Audit 20220815 Page 16 of 27

Pollution Prevention and Good Housekeeping for Municipal Operations
II.6.2.d Streets,
The permittee evaluated existing and new BMPs that reduce polluted stormwater
Roads, and Public
runoff from municipally -owned streets, roads, and public parking lots within its
Partial
19
Parking Lots
corporate limits annually.
If yes, the permittee evaluated the effectiveness of existing and new BMPs
Maintenance
based on cost and the estimated quantity of pollutants removed.
No
---
Comments
Street sweeping is documented in City Works. There are currently 10 street sweeping routes. Work orders are generated for
sweeping. Work order logs were provided during the audit.
The Town does not track the quantity of pollutants collected.
II.G.2.f
The permittee maintained and implemented an O&M program for the stormwater
O&M for Catch
sewer system including catch basins and conveyance systems that it owns and
Yes
8
Basins and
Conveyance Systems
maintains.
Comments (Briefly describe O&M program)
SW-101: Managing Spills of Materials Which Threaten to Enter the Stormwater Conveyance System, specifically addresses
preventing spills into the Town's Stormwater Conveyance Systems.
II.G.2.g
The permittee maintained a current inventory of municipally -owned or operated
Structural
structural stormwater controls installed for compliance with the permittee's post-
Yes
---
Stormwater Controls
construction ordinance.
Comments (Describe inventory information and number of controls in inventory)
The Town maintains a spreadsheet of Town owned SCMs. SCM O&M Plans are also maintained internally.
NCS000559_ Clayton M54 Audit_20220815 Page 17 of 27

Pollution Prevention and Good Housekeeping for Municipal Operations
II.G.2.h
The permittee maintained and implemented an O&M program for municipally -
O&M for Structural
owned or maintained structural stormwater controls installed for compliance with
Yes
9
Stormwater Controls
the permittee's post -construction ordinance. If yes, then:
The O&M program specified the frequency of inspections and routine
maintenance requirements.
Yes
9
The permittee documented inspections of all municipally -owned or maintained
Structural stormwater controls.
Partial
---
The permittee inspected all municipally -owned or maintained structural
Not
stormwater controls in accordance with the schedule developed by permittee.
Applicable
-
The permittee maintained all municipally -owned or maintained structural
stormwater controls in accordance with the schedule developed by permittee.
Partial
---
The permittee documented maintenance of all municipally -owned or
maintained structural stormwater controls.
Partial
---
Comments
The Town maintains O&M Manuals for each different type of SCM (Bioretention, dry pond, green roof, etc.)
Prior to January 1, 2021, Johnston County was maintaining inspections of SCMs. The Town is currently sorting the files received
from Johnston County and developing an O&M Program for Town owned SCMs. The Town is getting into the routine of annual
inspections and regular maintenance.
Maintenance of SCMs is documented in City Works. The Town is getting nto the routine of annual inspections and regular
maintenance.
II.G.2.1
The permittee ensured municipal employees are properly trained in pesticide,
Pesticide, Herbicide
herbicide and fertilizer application management.
Yes
and Fertilizer
Application
The permittee ensured contractors are properly trained in pesticide, herbicide and
Not
Management
fertilizer application management.
Applicable
The permittee ensured all permits, certifications, and other measures for
applicators are followed.
Yes
Comments
Pesticide and herbicide application is handled in-house by Public Works employees. Pesticide licenses were provided during the
audit.
NCS000559_ Clayton MS4 Audit_20220815 Page 18 of 27

Pollution Prevention and Good Housekeeping for Municipal Operations
II.G.2.j
The permittee implemented an employee training program for employees involved
Staff Training
in implementing
p g pollution prevention and good housekeeping practices.
Comments
A formal training program is curre.,rtly under deve.opment by the Tovurr.
II.G.2.k
The permittee described and implemented measures that prevent or minimize
Vehicle and
contamination of stormwater runoff from all areas used for vehicle and equipment
Yes
Equipment Cleaning
cleaning.
Comments
Fleet Services has a best practices document to foi!vw to prevent stormwater contamination from vehicle and equipment cleaning.
The facility also has an oil water separator.
Additional
Comments:
NC5000559_ Clayton MS4 Audit 20220815 Page 19 of 27

Site Visit Evaluation: Municipal Facility No.1
Facility Name:
Date and Time of Site Visit:
Town of Clayton Operations Center
03/30/2022
Facility Address:
Facility Type (Vehicle Maintenance, Landscaping, etc.):
653 NC Hwy 42 W
Operations Center
Name of MS4 inspector(s) evaluated:
Most Recent MS4 Inspection (List date and name of inspector):
Joshua Baird
Unknown
Names) and Title(s) of Facility Representative(s) Present During the Site Visit:
Name
Title
Joe
Fleet Superintendent
Observations
Facility Documentation/Training
Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific?
No
What type of stormwater training do facility employees receive? flow often?
No formal training from the Town.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
There is not currently a formal MS4 inspection program, so the facility has not yet received an MS4 inspection.
Joshua Baird, who would be the MS4 Inspector going forward, has received NC State training and has other certifications as well as
on the job training and experience.
Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
MS4 inspections have not been conducted.
Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
MS4 inspections have not been conducted.
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist or other standardized form?
MS4 inspections have not been conducted.
Does the MS4 inspector's process include taking photos?
MS4 inspections have not been conducted.
Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)?
MS4 inspections have not been conducted.
NCS000559_ Clayton MS4 Audit 20220815 Page 20 of 27

Site Visit Evaluation: Municipal Facility No. 1
Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge?
M54 inspections have not been corducted.
Did the MS4 inspector miss any obvious areas of concern? If so, explain:
MS4 inspections have not been conducted.
Does the MS4 inspector's process include presenting the inspection findings to the facility contact?
MS4 inspections have not been co-Nducted_
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
MS4 inspections should be conducted as a par: of the Pollution Prevention and Good Housekeeping section of the MS4 Permit.
If compliance corrective actions were identified, what timeline for correction/follow-up was provided?
N/A
Notes/Comments/Recommendations
It was reported that the facility disposes of approximately 12,000 gallons/year of used oil/hydraulic fluid. It is likely and NCGO80000
General Industrial Stormwater Permit will be required at he facility.
NCS000559_ Clayton MS4 Audit_20220815 Page 21 of 27

Site Visit Evaluation: MS4 Outfall No.1
Outfall ID Number:
Date and Time of Site Visit:
181586
03/30/2022
Outfall Location:
Outfall Description (Pipe Material/Diameter, Culvert, etc.):
Front Street
36" RCP
Receiving Water:
Is Flow Present? If So, Describe (Color, Approximate Flow Rate,
Tributary to Sam's Branch
Sheen, Odor, Floatables/Debris, etc.):
No flow present
Most Recent Outfall Inspection/Screening (Date):
unknown
Days Since Last Rainfall:
Inches:
7
1.82 inches
Name of MS4 Inspector(s) evaluated:
Joshua Baird
Observations
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
There is not currently a formal MS4 inspection program, so the facility has not yet received an MS4 inspection.
Joshua Baird, who would be the MS4 Inspector going forward, has received NC State training and has other certifications as well as
on the job training and experience.
Did the M54 inspector appear knowledgeable about illicit discharge indicators and investigations?
An SCM inspection program is still under development
Inspection Procedures
Does the inspector's process include the use of a checklist or other standardized form?
An SCM inspection program is still under development. Prior to January 1, 2021, Johnston County handled SCM inspections for the
Town. The Town is sorting through files.
Does the inspector's process include taking photos?
An SCM inspection program is still under development
Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? if so, what were they?
An SCM inspection program is still under development
NCS000559_ Clayton MS4 Audit_20220815 Page 22 of 27

Site Visit Evaluation: MS4 Outfall No.1
Inspection Results
Did the outfall inspection result in any work orders or maintenance requests? If so, for what issue(s)?
An SCM inspection program is still under development
Will a follow-up outfall inspection be conducted? If so, for what reason?
An SCM inspection program is still under development
Notes/Comments/Recommendations
NCS000559_ Clayton MS4 Audit_20220815 Page 23 of 27

Site Visit Evaluation: Construction Site No.1
Site/Project Name:
Camel Street Townhomes
Date and Time of Site Visit:
03/30/2022
Site/Project Address:
Elliot Drive, Clayton
Operator:
Glenwood Homes, LLC
Providence Construction
Project Type (Commercial, Industrial, Residential, CIP, Roadway,
etc.): Residential
NCG Permit ID Number:
Disturbed Acreage:
Recent Enforcement Actions (Include Date):
N/A
Name of MS4 Inspector(s) evaluated:
Kevin Watson
Name(s) and Title(s) of Site Representative(s) Present During the Site Visit:
Name
Title
None onsite
N/A
Observations
Site Documentation/Training
Does the site have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it site -specific?
VF%
Does the site have approved erosion and sedimentation control plans onsite? Are they representative of current site conditions?
Yes
What type of stormwater training do site employees receive? How often?
On the job
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
On the job, NC State, City of Raleigh
Did the MS4 inspector appear knowledgeable about MS4 and NCG010000 requirements for construction sites?
Yes
Did the MS4 inspector appear knowledgeable about erosion and sedimentation control/stormwater pollution prevention BMPs?
re7
NCS000559_ Clayton MS4 Audit_20220515 Page 24 of 27

Site Visit Evaluation: Construction Site No.1
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist?
Yes
Does the MS4 inspector's process include taking photos?
Yes
Does the MS4 inspector's process include reviewing approved plans (erosion and sedimentation control and/or SWPPP)?
Yes
Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge?
Yes
Did the MS4 inspector miss any obvious violations? If so, explain:
No
Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing?
Yes
Does the MS4 inspector's process include providing construction stormwater educational materials to the site contact?
As needed
Compliance/Enforcement
What, if any, enforcement actions (verbal warnings, NOV, etc.) did the inspection result in?
Out of compliance inspection
If compliance issues were identified, what timeline for correction/follow-up was provided?
7 days
Notes/Comments/Recommendations
NCS000559_ Clayton MS4 Audit ,20220815 Page 25 of 27

APPENDIX A: SUPPORTING DOCUMENTS
NC5000559_ Clayton M54 Audit 20220815 Page 26 of 27

APPENDIX B: PHOTOGRAPH LOG
NCSO00559_ Clayton MS4 Audit_20220815 Page 27 of 27