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Home My WebLink AboutNCS000249_Corrected NOC_20221010ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality October 10, 2022 CERTIFIED MAIL 7022 0410 0002 1249 5414 RETURN RECEIPT REQUESTED City of Durham Attn: Paul Wiebke, Assistant Director 101 City Hall Plaza Durham, North Carolina 27701 Subject: NOTICE OF COMPLIANCE (NOC-2023-PC-0930) City of Durham NPDES MS4 Permit No. NCS000249 Durham County Dear Mr. Wiebke On August 16th, 2022 through August 18, 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. 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: (1) 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) 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 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. (3) 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. (4) 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. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources D_E Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 .o � ,mrmeo�m.�uiwnin 828296.4800 Required documentation shall be submitted via e-mail to Isaiah.Reed@ncdenr.gov, or to: DEQ-DEMLR Stormwater Program Attn: Isaiah Reed 1612 Mail Service Center Raleigh, NC 27699-1612 Thank you for your attention to this matter. Should you have any questions, please contact me at Isaiah Reed(@ncdenr.gov. Sincere Isaiah Reed, PE, CPSWQ, MS4CE I MS4 Program Coordinator Enclosures: DEQ MS4 Permit Compliance Audit Report CC: Michelle WoolfolkOdurhamnc.gov DEMLR Stormwater Program Supervisor DEMLR NPDES MS4 Permit Laserfiche File D_E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 oaP:no.. io oiim�eo.m.�mia�.un 828.296.4500 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000249 DURHAM, NORTH CAROLINA 101 City Hall Plaza Durham, North Carolina 27701 Audit Documentation Request: April 5, 2022 Audit Date: August 16-18 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 (This page intentionally left blank) NC5000249 Durham MS4 Audit 20220930 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation..................................................................................................................................2 List of Supporting Documents.......................................................................................................................3 Program Implementation, Documentation & Assessment...........................................................................4 Illicit Discharge Detection and Elimination(IDDE)........................................................................................5 Site Visit Evaluation: Municipal Facility No. 1...............................................................................................7 Site Visit Evaluation: Municipal Facility No. 2...............................................................................................9 Site Visit Evaluation: Municipal Facility No. 3.............................................................................................10 Site Visit Evaluation: MS4 Outfall No. 1......................................................................................................11 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. NCS000249 Durham MS4 Audit 20220930 ii This page intentionally left blank NCs000249 DurhamM54Audit 20220930 iii Audit Details Audit ID Number: Audit Date(s): NCS000249_Durham MS4 Audit_20220816 August 16, 17, and 18 2022 Minimum Control Measures Evaluated: M Program Implementation, Documentation & Assessment ❑ Public Education & Outreach ❑ Public Involvement & Participation M Illicit Discharge Detection & Elimination ❑ Construction Site Runoff Controls— No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program ❑ Post -Construction Site Runoff Controls ❑ Pollution Prevention and Good Housekeeping for Municipal Operations ❑ Total Maximum Daily Loads (TMDLs) Field Site Visits: ® Municipal Facilities. Number visited: 3 M MS4Outfalls. Number visited: 1 ❑ Construction Sites. Number visited: Choose an item. ❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item. ❑ Other: Number visited: Choose an item. ❑ Other: Number visited: Choose an item. Inspector(s) Conducting Audit Name. Title Organization Isaiah Reed, Environmental Engineer NCDEQ Lauren Garcia, Environmental Specialist NCDEQ Thad Valentine, Environmental Specialist NCDEQ Audit Report Autho Date: Signature � t 0/ l NCS000249_Durham MS4 Audit_20220930 Page 1 of 11 Permittee Information MS4 Permittee Name: City of Durham Permit Effective Date: October 30, 2018 Permit Expiration Date: October 9, 2022 Mailing Address: 101 City Hall Plaza. Durham, NC 27701 Date of Last MS4 Inspection/Audit: January 15, 2016 Co-permittee(s), if applicable: N/A Permit Owner of Record: Paul Wiebke, Asst. Director of Public Works Primary MS4 Representatives Participating in Audit Name, Title Organization Day 1 (8/16/2022) Michelle Woolfolk, Water Quality Manager City of Durham Ryan Eaves, Ste. Div. Mgr. City of Durham Laura Smith, Public Information and Communications Analyst City of Durham Jim Azareto, IDDE Supervisor City of Durham John Loperfido, Asst. WQ Manager City of Durham Shea Balick, SWDR Manager City of Durham Paul Wiebke, Assistant Director City of Durham Day 2(8/17/2022) Michelle Woolfolk, Water Quality Manager City of Durham Christine Cailleret, Env. Planning and Compliance Coordinator City of Durham Blaine Lery, Env. Planning and Compliance Coordinator City of Durham Jim Azarelo, IDDE Supervisor City of Durham John Loperfido, Asst. WQ Manager City of Durham NCS000249_Durham MS4 Audit_20220930 Page 2 of 11 List of Supporting Documents Item Number Document Title When Provided (Prior to/During/After) 1 Stormwater Management Plan (January 2019) Prior 2 SOPs Document Prior 3 2021 Annual Report (Section A Docs) Prior 4 Durham Stormwater Management and Pollution Control Ordinance Prior 5 Training Documents (Section D Docs) Prior 6 IDDE Investigations Enforcement Summary Prior 7 IDDE Training Records (D7 — IDDE Staff Training) Prior NCS000249_Durham MS4 Audit_20220930 Page 3 of 11 Program Implementation, Documentation & Assessment Staff Interviewed: Michelle Wolfolk, WQ Manager (Name, Title, Role) Jim Azareto, IDDE Supervisor John Loperfido, Assistant WQ Manager Permit Citation Program Requirement Status supporting Doc No. II.A.1 The Permittee Maintained adequate legal mechanisms to implement all provisions of Adequate Legal the of the Stormwater Management Plan. Yes q Mechanism The permittee is current on payment of invoiced administering and compliance monitoring fees (see Stormwater e-payments on DEMLR MS4 web page). Yes BIMS II.A.2 Stormwater Plan The permittee evaluated the performance and effectiveness of the program Implementation components at least annually. Yes 3 and Evaluation II.A.3 Keeping the The permittee kept the Stormwater Plan up to date. Yes 1 Stormwater Plan Up to Date See The permittee notified DEMLR of any updates to the Stormwater Plan. Yes NCDEQ LF Did DEMLR require a modification to the Stormwater Plan? No II.A.4 Written The permittee maintained written procedures for implementing the six minimum Procedures control measures. Yes 2 Website reviewed during audit. NCS000249_Durham MS4 Audit_20220930 Page 4 of 11 Illicit Discharge Detection and Elimination (IDDE) Staff Interviewed: Michelle Wolfolk, WQ Manager (Name, Title, Jim Azareto, IDDE Supervisor Role) John Loperfido, Assistant WQ Manager Permit Citation Program Requirement Status Supporting Doc No. II.D.2.a Maintain The permittee maintained appropriate legal Authorities. Yes q appropriate legal authorities Ordinance has been used regularly. 82 NOVs and SS NOPs. 181 NORs. Fees are occasionally offset by receipts given which show funds used to remediate the issues identified. NOV/NOR/NOP process outlined in the SOPS document. Administration/Enforcement outlined in A-10 of the Ordinance. Section 7.4 (7-22) of the SWMP. Section 4 of the SOPS manual. Written program for IDDE is in SOPS document section 4. II.D.2.b Software Maintain a Storm demonst Sewer System The permittee maintained a map system including major outfalls. Yes rated Base Map of during Major MS4 the Outfalls. audit. Mapping software examined and discussed during the audit. II.D.2.c Maintain written The permittee maintained written procedures and SOPS for detecting and tracing procedures and/or Illicit discharges. Yes 2 SOPS for IDDE. II.D.2.c The permittee maintained written procedures or SOPS for dry weather flow Dry weather flow Yes 2 inspections. inspections II.D.2.d The permittee conducted IDDE training for appropriate municipal staff. Yes 7 Employee Training II.D.2.e Website Maintain a public The permittee and publicized a reporting mechanism for the public to report illicit examine reporting connections and discharges. Yes d during mechanism the audit. Publication and availability of reporting mechanisms were discussed during the audit. II.D.2.f Documentation The permittee documented dates of investigations Yes 6 The permittee documented enforcement actions Yes 6 Tracking software and methods were discussed during the audit. NCS000249_Durham MS4 Audit_20220930 Page 5 of 11 Illicit Discharge Detection and Elimination (IDDE) Additional Recommendations: Comments: It is recommended that a field report be developed for IDDE investigations. It is recommended that the field report for dry weather flow includes a size/diameter/material section. NCS000249_Durham MS4 Audit_20220930 Page 6 of 11 Site Visit Evaluation: Municipal Facility No. 1 Facility Name: North Durham Water Reclamation Facility Date and Time of Site Visit: August 18, 2022 Facility Address: 1900 E Club Blvd. Facility Type (Vehicle Maintenance, Landscaping, etc.): WWTP Name of MS4 inspector(s) evaluated: James Most Recent MS4 Inspection (Date and Entity): October 24, 2018 Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit: Name Title John Dodson Operator Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific? Yes What type of stormwater training do facility employees receive? How often? Annual Stormwater training. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Annual Storm water training. Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? Yes Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? Yes Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)? Yes Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious areas of concern? If so, explain: Stormwater contact with waste biosolids and resulting wastewater was discussed on site. Does the MS4 inspector's process include presenting the inspection findings to the facility contact? Yes Inspection Results Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)? Modifications to PM&GH practices relating to the NCG110000 requirements. NCS000249_Durham MS4 Audit_20220930 Page 7 of 11 Site Visit Evaluation: Municipal Facility No. 1 If compliance corrective actions were identified, what timeline for correction/follow-up was provided? Not determined on site. NC5000249_Durham MS4 Audit_20220930 Page 8 of 11 Site Visit Evaluation: Municipal Facility No. 2 Facility Name: Fleet Maintenance Facility Date and Time of Site Visit: August 18, 2022 Facility Address: 1900 Camden Ave Facility Type (Vehicle Maintenance, Landscaping, etc.): Vehicle Maintenance Name of M54 inspector(s) evaluated: Audrey Britton Most Recent MS4 Inspection (List date and name of inspector): February 7, 2019 Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit: Name Title John Fergusson Primary Contact Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific? Yes. What type of stormwater training do facility employees receive? How often? Annual5tormwater training. Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Annual stormwater training. Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? Yes Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? Yes Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)? Yes Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious areas of concern? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the facility contact? Yes Inspection Results Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)? No If compliance corrective actions were identified, what timeline for correction/follow-up was provided? N/A NCS000249_Durham MS4 Audit_20220930 Page 9 of 11 Site Visit Evaluation: Municipal Facility No. 3 Facility Name: City of Durham Public Works Operations Center Date of Site Visit: August 18, 2022 Facility Address: 1100 Martin Luther King Jr. Pkwy. Facility Type (Vehicle Maintenance, Landscaping, etc.): Public Works Name of MS4 inspector(s) evaluated: Jim Azareto Most Recent MS4 Inspection (Date and Entity): December 6, 2018 Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit: Name Title Phillip Powell Assistand Director of Operations Observations Facility Documentation/Training Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it facility -specific? Yes What type of stormwater training do facility employees receive? How often? Annual Stormwater Training Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Annual Stormwater Training Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping? Yes Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping? Yes Inspection Procedures Does the MS4 inspector's process include the use of a checklist or other standardized form? Yes Does the MS4 inspector's process include taking photos? Yes Does the MS4 inspector's process include reviewing the facility's SWPPP (or similar document)? Yes Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge? Yes Did the MS4 inspector miss any obvious areas of concern? If so, explain: No Does the MS4 inspector's process include presenting the inspection findings to the facility contact? Yes Inspection Results Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)? No If compliance corrective actions were identified, what timeline for correction/follow-up was provided? N/A NCS000249_Durham MS4 Audit_20220930 Page 10 of 11 Site Visit Evaluation: MS4 Outfall No. 1 Outfall ID Number: Date and Time of Site Visit: 46262 August 18, 2022 9:00 am Outfall Location: Outfall Description (Pipe Material/Diameter, Culvert, etc.): 300 Club Blvd. Pipe (CMP) Receiving Water: Is Flow Present? If So, Describe (Color, Approximate Flow Rate, Ellerbe Creek Sheen, Odor, Floatables/Debris, etc.): Submerged. Most Recent Outfall Inspection/Screening (Date): Not reviewed Days Since Last Rainfall: Inches: Not reviewed N/A Name of MS4 Inspector(s) evaluated: Melissa Harrison, Environmental Planning and Compliance Specialist Blaine Lary, Environmental Planning and Compliance Coordinator Observations Inspector Training/Knowledge What type of stormwater training does the MS4 inspector receive? How often? Annual Storm water Training. Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations? Yes Inspection Procedures Does the inspector's process include the use of a checklist or other standardized form? Yes Does the inspector's process include taking photos? Yes Did the MS4 inspector miss any obvious potential illicit discharge indicators or maintenance issues? If so, what were they? No Inspection Results Did the outfall inspection result in any work orders or maintenance requests? If so, for what issue(s)? No Will a follow-up outfall inspection be conducted? If so, for what reason? Yes. Routine. NCS000249_Durham MS4 Audit_20220930 Page 11 of 11