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HomeMy WebLinkAbout02_NCS000427_Budget Summary_20220502 STORMWATER D ivision Business Plan an gu u 0 D 1871 2022 Stormwater Division Business Plan Vision Every Cary citizen is influenced by stormwater during and after rain. It is our hope that these experiences are not negative. In Cary, a safe, environmentally sound and affordable place to live and thrive is paramount. As it relates to stormwater, safe streets, protection from flooding, mitigation of flooding impacts and sound water quality are achievable goals to pursue. Executive Summary Cary consistently enjoys the distinction of being one of the most desirable places to live and work in the country. Cary's robust infrastructure supports residential, commercial, and business communities while carefully integrating extensive community centers, greenways, lakes, parks, and recreational areas. The long-term result supports both the vigor of the economy as well as the well-being of the individuals who live and work in Cary. The balance between growth, quality of life, and quality of the natural environment is a foundational principal. An important aspect of complementing economic development and environmental protection is effective floodplain and stormwater management. Cary has provided consistent leadership in this respect for over twenty-five years. The Stormwater Division operates under ten different programs. The National Pollution Discharge Elimination System (NPDES Phase II Permit) dictates six (6) of these programs. The programs are as follows: ■ National Pollution Discharge Elimination System (NPDES Phase II Permit) ➢ Public Education & Outreach ➢ Public Involvement & Participation ➢ Illicit Discharge Detection & Elimination ➢ Construction Site Runoff Controls (New Development/Plan Review) ➢ Post Construction Site Runoff Controls (New Development/Plan Review) ➢ Pollution Prevention & Good Housekeeping for Municipal Operations ■ Development Services ■ Capital Projects Program ■ Floodplain Management Program ■ Environmental Protection Program ■ Support Services The six (6) NPDES Phase II Permit programs have documented goals that are required to be met under the NC Department of Environmental Quality and EPA purview. Each of these programs have minimum measures that are outlined in the permit and include measurable goals that are tracked and reported annually. Development Services are at the core of Stormwater Division and are the catalyst to all other functions performed. The NPDES Construction Site Runoff Control and Post- Construction Site Runoff Controls are only a portion of this very important program. This program begins with the Development Review Committee (DRC) in which staff meet with developers, engineers, citizens and others to discuss the potential for proposed development. Subsequent to the meeting plan review commences and 1 includes stormwater. Additionally, the Division provides assistance with Rezoning Cases in which stormwater is an issue as well as other development activities. The Capital Projects Program has two primary driver, citizen requests through Policy Statements 35 and 146 as well as the four-year-old Stormwater Asset Management/Condition Assessment Program. There is also a Street program that funds emergency repairs and other issues that arise in the R/W. As we continue to develop these services it is anticipated that addressing citizens private property requests driven by the Policies will be segregated from the proactive asset management initiative. Cary's Floodplain Management Program is under the umbrella of the Federal Emergency Management Agency (FEMA) and through Cary's administering our ordinances, which affords the opportunity for citizens to have access to flood insurance while also establishing a base line for flood mitigation. The Adaptive Approach to Stormwater initiated in 2018, included a focus on floodplain management while leveraging open space specifically established via floodplain management and environmental protection ordinances. Refining and improving on the program is an important focus moving forward. A cornerstone of Cary's success since approximately the year 2000 has been the Environmental Protection Program which has established extended riparian buffer protections via the Urban Transition Buffer (UTB). This program coupled with strong floodplain ordinances provide the most effective flood mitigation policies while protecting water quality, promoting open space, increase property values, and maintain a health tree canopy. This program also provides the means to protect wetlands as well as Cary's and the surrounding areas water supply watersheds in the Neuse and Cape Fear Basins. Support Services rounds out the Stormwater Division primary service areas. Stormwater staff's number one objective is to provide exceptional, friendly customer service to Cary citizens, other staff members and the public in general. In 2015 we dedicated a staff member to this being their primary goal, allowing the remainder of Division staff to focus on other programs within Stormwater but available to assist when called upon by our stormwater citizen advocate. An ancillary goal to managing these programs that we continue to work toward is a sustainable operation via cross training and complete documentation of our programs, policies, and procedures. 1.0 Division Description The Stormwater Division operation primarily revolve around fulfilling the requirements of the 11 programs currently in place, most of which are mandatory by the state and federal governments. This includes addressing requirements of the NPDES Phase II Permit as follows: ■ Public Education & Outreach ■ Public Involvement & Participation ■ Illicit Discharge Detection & Elimination ■ Construction Site Runoff Controls (New Development/Plan Review) ■ Post Construction Site Runoff Controls (New Development/Plan Review) ■ Pollution Prevention & Good Housekeeping for Municipal Operations 2 The additional fiver programs address Cary's stormwater infrastructure through maintenance and capital improvement, FEMA requirements to make available insurance and responsible development along waterways, state water quality and environmental requirements as well as supporting services for citizens, Cary staff members and the public in general. These programs are as follows: ■ Development Services ■ Capital Projects Program ■ Floodplain Management Program ■ Environmental Protection Program ■ Support Services The Stormwater Master Plan was last updated in 2013 and does a good job of detailing programs, addressing flooding, water quality and discussing future opportunities. Fiscal Year Budget 2020 includes revising the Stormwater Master Plan within the lens of Imagine Cary, Adaptive Stormwater and a review of potential funding alternatives. In 2018 Cary embarked on looking at stormwater from a different lens. The Adaptive Approach to Stormwater included six (6) committees comprised of 43 staff members and 10 citizens. The initiative was a comprehensive look at stormwater within Cary using a pilot area in the downtown Walnut Creek Basin. The Stormwater Division Programs are illustrated in Figure 1. The organizational structure includes the six programs under the NPDES Phase II permit and the five additional programs to serve Cary's stormwater needs. STORMWATER DIVISION Stormwaier Master Admininstrati on Plan Programs NPDES Phase 2 Capital Projects Floodplain Managemen Environmental Protection Service Support ❑evelopment Services Public Education& Public Involvement& Illicit Discharge Pollution Prevention& Construction Site Post Construction Site Outreach Participation ❑etection&Elimination Good HoUS2keering Runoff Runoff Adaptive Stormwater Ordinances Open Spec- Steering Committee Basin Model Maintenance Figure 1 —Stormwater Program Organization 3 Cary's Stormwater Division basis of operation is derived by NC law. Like all other municipalities in the state with regards to being responsible for safely conveying stormwater runoff across the Cary R/W and Cary owned property. All other properties owners are responsible for the same: conveying stormwater runoff across their property. NC law does not allow public funds to be expended on private property for stormwater impact improvements. Public purpose directs that purports to benefit the populace as a whole. Cary envisions a much higher goal for stormwater and floodplain management, well above the status quo, which is the standard statewide. This will be accomplished through an adaptive approach, addressing concerns on a case-by-case basis and further developing robust programs that advance the effort Town-wide. 1.1 Origin and History The following descriptive timeline shows how Cary has progressed in its approach to stormwater management over the years and how many of these changes relate to State and Federal Regulations. • 1972 — Cary adopted its first floodplain management ordinance predating the issuance of the first Flood Insurance Rate Maps (FIRMs) for the area. • 1974 — Cary was one of the first communities to adopt a planning approach where drainage basins were used as a geographic basis for planning and land use. • 1985 - Cary proposed its first ordinance to protect water quality in a water supply watershed (Swift Creek). The ordinance (adopted in 1986) required that development involving a change in zoning in a water supply watershed must provide on-site detention of stormwater to protect the receiving stream network. Cary also assumed responsibility for erosion and sediment control from the State in this year. • 1988 —Affected Wake County communities developed and accepted the Swift Creek Watershed Land Management Plan which set development criteria within the watershed that became the basis for subsequent plans and ordinances. • 1990 — Cary began to require a stormwater plan, erosion control plan, and a grading permit when more than 12,000 square feet of area is disturbed. This exceeded the State standard requiring a sediment and erosion control permit when disturbances exceed one acre. (43,460 ft2) • 1992 — DENR adopted the water supply watershed classification and associated rules, which must be incorporated into the drinking water protection management plan for all municipalities. Cary implemented these rules in 1993. • 1996 (adopted in 1998) - The Environmental Management Commission established the Neuse River Basin Nutrient Sensitive Waters Management Strategy, otherwise known as the Neuse Rules. The overall goal of this legislation was to reduce nitrogen loading to the Neuse River Estuary by 30%. 4 • 2000 — In general, Cary no longer allowed development in the floodplain as part of its Flood Damage Prevention regulations in Section 7.5 of the LDO. This exceeded the requirements set forth by FEMA which will allow development in the floodplain under certain conditions. Also, erosion control inspections became required for every single-family home permitted to be built in Cary. In addition, Cary adopted its "Stormwater Management Program for Nitrogen Control in July of 2000. • 2001 - Cary adopted Urban Transition Buffers (UTB) under the LDO — Section 7.2.14 that requires a 100-foot buffer on USGS mapped surface waters and 50- foot buffers on Soil Survey mapped surface waters in the Neuse and Cape Fear River Basin. The UTB ordinance exceeded and predated the buffer requirements. In this year a rule was also established that would not allow lots to be platted in the UTB or floodplains. • 2005 - Cary received an NPDES Phase II stormwater permit. This required developers of properties with more than 24% imperviousness to control and treat stormwater volume leaving a project site from the 1-year, 24-hour storm. It also required an 85% removal of total suspended solids (TSS) from the annual average loading. Additionally, the Phase II permit required Cary to establish six programs as outlined in Section 1. Cary began mapping the entire stormwater infrastructure system, public and private. Municipally Separate Storm Sewer System (MS4). • 2006 - Cary revised Policy 35 to include opportunities for cost sharing with citizens that have problems with structural flooding. • 2008 — Cary adopted a detention ordinance for the 2-, 5-, and 10-year storms. Cary also began regulating impervious surface areas on single-family lots. Additionally, Cary limited mass grading to 25 acres at a time for residential developments with between 3 and 8 dwelling units per acre. • 2009 — The Jordan Lake Nutrient Management Strategy became effective. The rules require Cary to develop a stormwater management plan for new development and for projects that disturb more than one-half acre of land, and a program that includes measures very similar to Cary's NPDES Phase II permit (education program, identify and remove illicit discharges, map the MS4 system). • 2011 — Cary received its updated NPDES Phase II stormwater permit from the NC Division of Water Quality. • 2016 — Cary received its second renewal of the NPDES Phase II stormwater permit from NC Division of Water Quality. • 2018 —Adaptive Stormwater approach initiated. 5 1.2 Regulatory Environment Many aspects of the Cary's stormwater program are based on Federal and State requirements. This section provides the technical details associated with the regulatory environment affecting stormwater and floodplain management in the Town. The USEPA and DWQ through legislation and regulations require Cary to monitor, document, and regulate activities that affect stormwater runoff, flooding, and pollution. Many of these requirements are mostly expressed in the Land Development Ordinances (LDO) and are related to development. Cary exceeds a number of these requirements. Virtually all the Federal requirements have been transferred to the Cary through or in conjunction with State requirements. As such, it is necessary to review the State and Federal requirements together. The requirements as they relate to the Cary are as follows: • NPDES Phase II Stormwater Program • Neuse River Basin: Nutrient Sensitive Waters Management Strategy (Neuse Basin Rules) • Jordan Water Supply Nutrient Strategy (Jordan Lake Rules) • Water Supply Watershed Rules • N.C. Sedimentation Pollution Control Act of 1973 (SPCA) • Swift Creek Watershed Land Management Plan • Swift Creek Total Maximum Daily Load (TMDL) • Flood Disaster Protection Act of 1973 The Black Creek Watershed Association Strategic Plan (BCWA Plan) is not technically a State or Federal requirement, but DWQ considers it to be important as a way to for Cary to avoid future State requirements. Figure 2 shows Cary watersheds that are affected by the various State and Federal requirements described in detail in this Section. The Neuse, Jordan Lake, Water Supply Watershed regulations are upheld via the Post Construction Program and the Environmental Protection Programs. The SPCA regulations are meet via the Construction Site Runoff Program. The Swift Creek TMDL is managed through the NPDES Phase II permit. The NFIP is administered by ordinance through the Floodplain Management program. Cary's Land Development Ordinances have expanded through the years as they relate to stormwater. The LDO addresses stormwater runoff under five overlapping categories: ■ Water quality ■ Runoff quantity and flooding ■ Erosion and sediment control ■ Riparian/urban transition butter (UTB) ■ Enforcement In 2019, a process has been initiated to amend the LDO by relocating our detention ordinance from the water quality section to the floodplain section and by adding a requirement to meet predevelopment conditions for the 100-year design storm. 6 PIN w NN .� ` \\ Lei �• � AP +; a LegendE2 Maynard Loop =River Basin Divide P2 1-540 Extension(Future) ImTown of Cary Extraterritorial Jurisdiction Town of Cary Planning BlackStrategic Swift Greek TMDL Jordan Lake Watershed • - Swift Greek Watershed Overlay 4 •' Jordan Lake Basin • . w FederalRule TMDL NPDES Phase Session Law 2006-246, II Stormwater 40 CFR Part 122 Permit No. NCS000427, 15A N/A NCAC 02H .0126 Neuse Basin 1972 Clean Water Act, SL 1995-572, 15A NCAC 2B Neuse Estuary Rules Section 303(d) .0200 TMDL HB 515, SL 2005-190, SL Jordan Lake 1972 Clean Water Act, 2009-216, SL 2009-484, 15A Jordan Lake TMDL Rules Section 303(d) NCAC 2B .0200', SL 2012- 200 and 201 Water Supply GS 143-214.5 and 143- Watershed N/A 214.6, 15A NCAC 213; SL N/A Rules 2012-200 SPCA 40 CFR Part 122 SPCA, 15A NCAC 04 N/A Swift Creek 1972 Clean Water Act, (Part of Neuse Basin) Swift and Williams TMDL Section 303(d) Creeks TMDL Flood Disaster National Flood Protection Act of 1973, Insurance National Flood Adopted Program in 1997 NA Program (NFIP) Insurance Reform Act of 1994 Table 1 - Current Federal and State Stormwater Program Requirements 1.3 Organization and Structure The Stormwater Division is responsible for engaging the citizenry; not only in being responsive to citizen requests and complaints, but in being proactive with the public and providing education and mitigation opportunities to protect stormwater quality and prevent flooding. The Stormwater Division also engages with the development community to ensure proposed development and redevelopment meets or exceeds water quality and quantity requirements set forth in the LDO. Stormwater is the only group in Cary that is a part of every aspect of development from planning to plan review, overseeing construction and conversion of sediment and erosion control measures to post construction stormwater control measures that must be maintained in perpetuity. The Stormwater Division has undertaking a comprehensive evaluation of all programs, with a staff goal of becoming a leader at the national level. 8 The Stormwater Division is currently composed of 12 employees as follows: Stormwater Operation Manager Stormwater Field Services Administrator Stormwater Program Analyst Stormwater Project Manager— Floodplain Environmental Specialist Stormwater Project Manager—Water Quality Sr. Civil Designer Sr. Stormwater Engineering Technician Stormwater Engineering Technician (2) Stormwater Specialist/Floodplain Administrator Stormwater Communication &Outreach Specialist Stormwater Division Field Services Operations Manager Admininstratar SW Engineer = ood Stormwater Anayss: SW Specialist Flood lain Admin SW Engineer Qaa :} Sr. SW Tech Ei., ro7rie7.a SW Tech 1 S eciiallis Civil Design Tecr, Outreach & SW Tech 2 C.ommunica o7s Figure 3—Stormwater Positions Organization In the summer of 2018, the Public Works Stormwater Facilities Specialist staff member retired, and it was mutually agreed to move the position to the Stormwater Division. The Environmental Specialist has taken on that role. Additionally, the Town is working toward joining the Community Rating System which is a FEMA program to assist with flood insurance rate reduction. This additional workload will be primarily administered by the Stormwater Specialist/Floodplain Administrator. Figure 4 depicts current staff. 9 �F 5torrnvt+ater Billy Charles vperationa Field=ervice=_ Vacant Vacant Lisa Booze vNEnff SW Analr_t SWSpe:ialin/ P.Admin 11 Jan Todd SW Eng f r.SW Te r h Eric Kirk EnvSpeiialist SWTeh Richard Marie Jeff Ein TlEh Co-mmuni:ation SWTeth Figure 4—Current Stormwater Staff Organization 1.3.1 Stormwater Operations Manager The Stormwater Division Operations Manager oversees the day-to-day activity within the 11 Division programs in the Division and with an emphasis on citizen assistance, Capital Improvement Projects, Asset Management, Outreach, IoT, and Floodplain Management. At least a quarter of the time is in the field addressing citizens concerns that have elevated due to the stresses that can be realized from impacts from stormwater. Additional field time includes Capital project construction oversight and IoT water level sensor maintenance. The operation manager also conducts weekly meetings with staff to coordinate activities of the Division. 1.3.2 Field Services Administrator The Field Services Administrator (FSA) overseeing development from plan review through construction, conversion of a construction site runoff SCM, to a post construction site runoff SCM, to issuance of certificates of occupancy, to post construction annual maintenance and certification in perpetuity. The position oversees two (2) SW Field Technicians that between them periodically inspect on average 120 construction sites. Additionally, the position oversees a third Sr. SW Field Technician that's primary focus is citizen assistance. The Division take roughly 700 citizen calls a year and typically conducts over 350 citizen assistance site visits. The FSA also assists with administering the 11 Division programs with an emphasis on Illicit Discharge Detection and Elimination, Construction Site Runoff, Post-Construction Site Runoff, Pollution Preventions and Good Housekeeping of Town facilities. 1.3.3 Stormwater Specialist The SW Specialist two (2) primary roles are development/redevelopment plan review and Floodplain Administrator. The SW Specialist assists with overseeing development within Cary including construction site and post construction site runoff control. This staff member attends Development Review Committee (DRC) meeting every 10 Wednesday. As the Floodplain Administrator activities include issuing floodplain permits, administering the Community Rating System Program and compliance. 1.3.4 Stormwater Project Manager - Water Quality The Stormwater Project Manager — Water Quality, assists with maintaining the Capital Improvements Program. The primary focus is managing Town staff, On-Call consultants and contractors associated with design and construction of stormwater infrastructure improvement projects. This position also including design of infrastructure improvements in-house using AutoCADD. Field support and oversight are frequent during construction activity and requires coordination with staff, contractors, consultants, and citizens. The SW Project Manager assists the Environmental Specialist with the riparian buffer program. This position also works with Public Works and contractors on stream bank erosion impacting Town infrastructure. They also help with the Town's Drainage Assistance Programs under Policy Statements 35 and 146 which is a citizen- based approach. Assist with the IoT stormwater sensor program and GIS based Asset Management Programs. 1.3.5 Stormwater Project Manager - Floodplain The Stormwater Project Manager— Floodplain, assist with maintaining the Capital Improvement Program. The primary focus is maintaining the GIS stormwater inventory and a GIS based Asset Management and Condition Assessment Programs. This position also manages the proactive Stormwater Infrastructure CCTV and jet/vacuum program conducted by dedicated Public Works staff. This PM uses the GIS based tool to prioritize Capital Improvements and manages the design and construction of projects associated with floodplain improvements. This position also directs staff with in-house design and GIS based inventory. Assists with annual capital budget and tracks project expenditures, and coordinates with other departments in implementation. 1.3.6 Stormwater Analyst The Stormwater Analyst manages the NPDES Phase II permit programs. This includes 6 programs with annual measurable goals and reporting requirements. Manages the Neuse River Basin Rules, TMDL Water Quality Recovery Program, Jordan Lake Rules requirements and reporting. Oversees the Post Construction and Illicit Discharge Detection and Elimination (IDDE) program, ensuring that the requirements for the NPDES permits are being fulfilled. These programs are GIS administered and require constant and immediate attention. Post Construction requires monthly letters to be remitted to HOAs to maintain SCMs monthly and certify annually. Assists with floodplain permitting and impervious issues with regards to building permits. 1.3.7 Environmental Specialist The Environmental Specialist administers the Jordan Lake Buffer Program as delegated by the State, performing on-site buffer determinations, reviews development plans for compliance with the buffer rule, issues buffer authorizations for development projects, and enforces the Jordan Lake buffer and Town Urban Transition Buffer (UTB) requirements. The position also oversees Town-owned Stormwater Control Measures (SCMs), Town-owned dams, and the Good Housekeeping Program (20 facilities with Stormwater Pollution Prevention Plans) requirements under the Town's NPDES Phase II stormwater permit. It also includes an annual training program that the position 11 administers to facilities staff. In addition, the Environmental Specialist provides technical support and 404/401 planning and permitting assistance across Town departments for both capital projects and Town operations and maintenance. In addition, position manages on-call environmental science and engineering contracts. 1.3.8 Civil Design Technician The Civil Design Technician assists the Operations Manager and Project Managers with numerous tasks. This staff member assist with GIS based and AutoCADD based task. For in-house projects development of construction drawing is a primary focus. Using GIS based software this position also enters development plans, as-built and record drawings. The Civil Design Technician directs survey and subsurface utilities efforts in- house and through On-Calls. Construction plans development extends to bidding and some construction oversight. 1.3.9 Outreach & Communication Specialist The Outreach and Communication Specialist ensures that the Public Education and Public Engagement requirements of the NPDES Phase II permit are fulfilled. The position provides educational and outreach opportunities to the community by delivering in-class/in-person presentations, developing Web page information, staffing and developing festival booth materials, facilitating the development of videos, participating in steering committee of the Clean Water Education Partnership that guides the creation and implementation of regional mass media and direct education materials. The position also is responsible for facilitating and providing citizen engagement opportunities that support an understanding of stormwater control measures through hands-on experiences such as tree plantings, storm drain labeling, litter sweeps, and rain garden installations. 1.3.10 Senior Stormwater Technician The Senior Stormwater Technician's primary focus is maintaining the citizen assistance program. Stormwater impacts every citizen on a regular basis. Stormwater receives on average over 700 calls a year with over half requiring at least one to two site visits. There are 12 categories of calls that once received through 311 or other communications such as website reporting the Technician triages and categories the calls. The majority of the calls are handled by this staff member but on many occasions other stormwater staff members are brought in for assistance. All Stormwater staff members assist with 311 calls. The Sr SW Tech also assists the Stormwater Technicians with Erosion and Sediment Control and S100 inspections 1.3.11 Stormwater Technician The two (2) Stormwater Technicians conducts Construction Site Runoff inspections for compliance with federal, state and local regulations. On average each inspector has rough 60 sites to manage. Duties begin with setting up a preconstruction meeting, followed by routine inspection through the life of the project. The Techs administer the conversion process from a Erosion and Sediment Control device to a Post Construction Site Runoff device. This is coordinated with the Stormwater Analyst so that it can be inventoried and set up for annual inspection and certification in perpetuity. Appendix A includes a breakdown of each staff member in the Division by FTE including a time allocation for all the anticipated task over a calendar year. 12 1.3 Budget Summary Over the past 10 years the Stormwater Division has operated under the Engineering Department until 2014 when the Water Resources was formed. In February of 2019 the Stormwater Division joined the Manager Office under Department Director Danna Widmar. Table 2 summarizes the Stormwater Divisions budget from fiscal year 2015 to present. SUMMARY FOR WATER RESOURCES STORMWATER COSTS Stormwater Revenues FY15* FY16 FY17 FY18 FY19 FY20 FY21 Total Watershed Maintenance Fees 217,013 431,875_ 594,003_ 735,750 796,329 324,120 409,772_ 3,508,862 Grading Permits 129,921 301,762 197,424 192,148 141,336 96,749 91,765 1,150,125 Total Revenues $345.934 $733,637 $791,427 $927,898 $937.665 $420.869 $501,557 $4,658,987 Stormwater Expenses Total Personnel 803,053 844,787 924,021 933,507 435,552 1,612,252 1,604,654 3,505,368 Total Operating(PW) 899,738 629,967 633,218 379,264 347,450 267,286 246,710 3,402,634 Total Capital(Wi 1,287,133 1,378,093 924,108 530,905 1,609,323 2,350,083 1,890,247 4,040,515 TOTAL STORMWATER RELATED COSTS $2,988,925 $2,852,847 $2,481,347 $1,843,677 $2,391,325 $4,229,621 $3,141,611 $111 Net(Revenues vs.Expenses) ($2,642,991) ($2,119,210) ($1,111 ($915,779) ($1,453,611 ($3,808,752) ($3,240,054) ($6,289,530) *Current Stormwater Team Not Complete Until FY15 AVERAGE SPENT ANNUALLY THIS PERMIT CYCLE TO DATE(FY17-21) $2,937,516.29 Over the past decade Cary has spent on average $2.9 M a year on stormwater. The FY23 budget for Stormwater includes funding to complete an Alternative Funding Source Study to asset potential revenue sources. The study will update the 2013 Stormwater Master Plan and revisiting Imagine Cary to include a more foundational approach to addressing stormwater in Cary. Operating Budget Focus Area Items Over the past 7 years the Operating Budget has averaged $1.5 M a year with the last 2 years being roughly $1.6M Compilation of the Stormwater Division's Fiscal Year 2023 budget is in process. The past 2 years starting in FY2020 Stormwater has had a standalone operating budget. Prior to that it was a part of the dissolved Water Resources or Engineering Department budget. To maintain Cary's leadership in municipal stormwater we have increased the budget to include additional professional organizations that are known national leaders in stormwater as well as the travel and training budget associated with those organization. Previously the focus has been more of a local effort within North Carolina. Joining the Southeast Stormwater Association (SESWA), and the Water Environment Federation (WEF) has expanded to more of a southeastern and national interest. Capital Budget Over the past 7 years Stormwater has averaged roughly $1.5 M expenditures for the capital budget. In FY20 $2.35M was expended and in FY21 $1.9M was spent. 13 SW Capital Expenditures $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 $0.00 FY15 FY16 FY17 FY18 FY19 FY20 FY21 Apart from the Condition Assessment Capital funding from FY21 forward, the capital budget has primarily responded to citizen request through Policy Statements 35 and 146. Additionally, funding has been allocated through the streets program for limited storm drainage improvements of an emergency nature. The FY22 capital budget maintains these reactive programs as well as funding for the Condition Assessment Program which is a proactive approach to managing stormwater infrastructure in Cary. Several phases of the Condition Assessment have been completed and include 1) development of a GIS Condition Assessment tool, 2) converting Mapinfo stormwater GIS data to ERSI which required taking 5 data sources, three field survey, as built and field correction data combining and creating a new GIS schema, 3) developing comprehensive basin model for downtown Walnut Creek and Swift Creek, and 4) conducting a maintenance pilot for downtown Walnut Creek and Swift Creek basins. Additional capital funding is also being allocated to the Stormwater IoT Program which is based in Basin Modeling and in real time records water level in streams and rainfall data during a storm. Stream stage sensors, rain gages and stream flow monitoring stations to calibrate the model and initiate the stormwater aspect of Smart Cities have been implemented in the Walnut Basin. FY22 also includes adding Swift Creek Basin to the program. Table 4 is a summary of the requested capital funding for FY22. There are two (2) projects listed in the Table that will require funding in future fiscal years. FY22 budget includes the following: 14 Table 4 Capital Budget Projections Ca ital Project I Cat Na I Pro- No FY22 Stormwater Capital Improvements Request CAT-0920 GG6000 S300,000 Stormwater Drainage Improvement Request CAT-0922 GG7000 5300,000 Street Drainage CAT-0927 ST6000 5300,000 Stream Sensors&Rain Gages CAT-1799 GG1163 5102,000 Condition Assessment Program CAT-0758 GG1130 $B00,000 New DTWaInut Cre e k Stormwate r Corridor CAT-1,579 0 Jordan Lake Stormwater Retrofits CAT-0351 50 Open Space Acquisition CAT-1585 $500,000 Annual Capital Budget Projections 52,302,000 Looking forward, Table 5 includes projected budget request for stormwater capital projects through the year 2027 as follows: Tables Capital Budget Annual Projections Sum maFy Capital Project Cat No I Pro N01 FY2 21 FY2 31 FY241 FY2.51 FY26 FY27 Stormwater Capital Improvements Request CAT-0820 GG60D0 $300,000 $300,000 $600,300 $6001000 $6001000 $6001000 Stormwater Drainage Improvement Request CAT-0822 GG7000 $300,000 $300,000 $500,000 $5w 000 $500,000 $500,000 Street Drainage CAT-0827 ST5(W $300,000 $300,000 $300,000 $300,000 $4D0,000 $400,000 Stream Sensors&Rain Gages CAT-1789 GG1163 $102,OW $110,030 $112,0w $125,000 $127,000 $100,000 Condition Assessment Program CAT-0758 GG1130 $800,OD0 $800,OD0 $800,OD0 $m'000 $803,000 $8001000 New DT Walnut Creek Stormwater Corridor CAT-1579 $0 $0 $0 $0 $2,400,000 $5,000,000 Jordan Lake Stormwater Retrofits CAT-0351 $0 $0 $0 $0 $0 $0 O en space Acquisition CAT-1595 $500,0001 5500,0001 $500,0001 $500,0001 $500,000 $500,000 Annual Capital Budget Projections $2,302,0001 $2,310,0001 $2,912,000 $2,925,000 $5,327,000 $B,900,000 15 1.4 Programs 1.4.1 NPDES Phase II Permit Cary is in the third permit cycle for the NPDES Phase II stormwater permit. A permit cycle is roughly five years and each renewal requires a stormwater plan narrative outlining the past five years as well as the goal and objectives for the next five years. The next renewal will be in calendar year 2022. The Division goal is to develop sustainable programs through documentation. The permit coverage includes Cary's authorization to discharge stormwater from the municipal separate storm sewer system (MS4) to receiving waters, Crabtree Creek, Walnut Creek, Swift Creek, Middle Creek, White Oak Creek and Panther Creek. The permit authorizes the point source discharge of stormwater runoff and the following incidental flows only: ■ water line and fire hydrant flushing; ■ landscape irrigation; ■ diverted stream flows; ■ rising groundwater; ■ uncontaminated groundwater infiltration; ■ uncontaminated pumped groundwater; ■ discharges from uncontaminated potable water sources; ■ foundation drains; ■ air conditioning condensate (commercial/residential); ■ irrigation waters; ■ springs; ■ water from crawl space pumps; ■ footing drains; ■ lawn watering; ■ residential and charity car washing; ■ flows from riparian habitats and wetlands; ■ dechlorinated swimming pool discharges; ■ street wash water; ■ flows from firefighting activities • splash pad water from potable water source only. 1.4.1.1 Public Education & Outreach/Public Involvement & Participation Programs Based on the measurable goals outlined in our NPDES Permit for these minimum measures Cary meets the intent of the permit. The permit outlines target pollutants, stressors, target residential and commercial audiences and issues, website specification, hotline help requirements and elements of public education and outreach. There are 3 additional documents that that further outline Cary efforts as follows: ■ NPDES Phase II Permit Narrative (Plan submitted with the permit application) ■ Neuse Basin Plan ■ Swift Creek Water Quality Recovery Program (WQRO) 16 The permit also outlines public participation through volunteer programs and other mechanisms for involvement. The Stormwater Division has a staff member dedicated to these efforts. Over the past few years staff have combined these efforts with other Division initiatives such as water conservation. Staff will continue to combine efforts including Strong Neighborhood initiatives and other outreach programs that span various Cary initiatives. Appendix B includes a breakdown of the organization structure staffing and initiatives. 1.4.1.2 Illicit Discharge Detection and Elimination (IDDE) Program As dictated in the NPDES Cary has adequate legal authority by ordinance to prohibit and enforce illegal discharges to the MS4. Any substance not listed in the table in Section 1.4 is an illegal discharge. Cary is also required to dedicate manpower each year to field screen a portion of the system during dry weather and document the findings. Cary has a hotline and web page where IDDE cases can be reported by the public at large. Cary has developed procedures manual for conducting investigation of identified illicit discharges and has a training program. Additionally, by ordinance Cary can issue notices of violation and enforcement actions administered. Appendix C includes a breakdown of the organization structure staffing and initiatives. 1.4.1.3 Construction Site Runoff Controls Cary has a delegated has a delegated Sediment and Erosion Control (S&EC) Program and thus responsible for compliance with the Sediment Pollution Control Act. This program is part of a larger effort to manage and regulate development in Cary. Staff are responsible for reviewing and approving via issuance of a permit for any land disturbing activity greater than 12,000 square feet. This is roughly 4 time more stringent than the state requirement of one acre. The plan review process is further detailed in Section 1.4.2 Development Services There are 2 staff members dedicated to enforcing land disturbing activities across the 54 square mile area. Numerous construction site continually keeps these staff members busy starting with a required preconstruction meeting in which no disturbance can commence until all the measure infrastructure is on site, all silt and tree protection fence is installed, and the owner and contractor acknowledges the requirements of the permit. New development including Subdivisions and commercial sites are required to maintain sediment and erosion control measures with the goal of no off-site sediment is allowed. As a general rule Stormwater Control Measures (SCM) serve two primary functions, first the device is used for (1) site runoff control during construction (Sediment & Erosion Control (S&EC)) and then with required retrofitting it is used for (2) site runoff control post construction (PC SCM). During construction the S&EC device is to minimize erosion and thus mitigate sediment transport off a construction site. PC SCMs serve as water quantity and quality control devices once construction is complete. It has been the practice in the Town to allow SCMs to act in a dual role, as construction site runoff control devices and then be converted over to being post construction site runoff control devices. Again, these are very different functions. 17 Once a development has established vegetation and is stabile is when the process of converting the construction site runoff controls to post-construction site runoff controls may commence. This requires 8 documents to be submitted for approval to be accepted into the Post-Construction Program. This is a very structured program with set milestones and requirements with an emphasis on regulatory compliance. The issues that need to be addressed began with the transition period between construction and post construction for subdivisions as well as the transition from the developer to property manager/HOA. 1.4.1.4 Post-Construction Site Runoff Controls Cary is required under the NPDES Phase II permit to implement and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan. Cary's LDO further restricts disturbances to less than 12,000 square feet. This program is part of a larger effort to manage and regulate development in Cary. Staff are responsible for reviewing and approving SCMs designed to meet all pertinent floodplain and stormwater management requirements for Post-Construction site runoff. The site plan review includes how the project applicant meets the performance standards and how the project will ensure long-term maintenance in perpetuity. Staff maintains a GIS inventory of post-construction structural stormwater control measures installed, including both public and private sector sites covered by the post- construction ordinance requirements. Cary has over 1,200 regulated SCMs of which Cary owns just over 70. The remainder of the SCMs are privately owned and maintained. The process requires recorded deed restrictions and protective covenants that ensure development activities will maintain the SCMs consistent with approved plans. Operation and Maintenance plan for each SCM is required and dictates the owner of each SCM will perform and maintain a record of annual inspections of each SCM. Annual inspection of the SCMs are required to be performed and certified as operating as designed by a qualified professional. SCMs found out of compliance are given a set time frame to correct deficiency and may be issued a notice of violation. Staff are required to visit all SCMs within a 5-year permit cycle. Staff is also available to various stakeholders such as engineers, developers, HOAs, property managers, property owners, SCM contractors, etc. Staff conducts a biannual workshop related the Post-Construction SCMs. These events are designed to address issues with all the stakeholders. The Stormwater Development Manager and Stormwater Special are responsible for plan review, The Stormwater Program Analyst is responsible for conversion, inventory and tracking maintenance of private SCMs. The Environmental Specialist is responsible for overseeing the maintenance and certification of the Cary owned SCMs. 1.4.1.5 Pollution Prevention & Good Housekeeping for Municipal Operations 18 Staff maintains a current inventory of Cary facilities and operations with the potential to generate polluted stormwater runoff. The Stormwater Program Analyst with the assistance of the Environmental Specialist annually evaluate and as necessary update operation and maintenance practices including written spill response procedures. The Environmental Specialist will manage the contracting of maintain the Cary owned SCMs and dams. This will include monthly maintenance, annual inspection and certifications. Staff will maintain written records on each SCM and dam. Staff will provide annual employee training for employees involved in implementing pollution prevention and good housekeeping practices including those facilities used for vehicle and equipment cleaning. 1.4.1.6 Other NPDES Phase II Requirements Staff is required to maintain a Water Quality Recovery Program to reduce levels of pollutants od concern in accordance with approved Waste Load Allocations assigned to stormwater. This is to address the Total Maximum Daily Load (TMDL) on Swift Creek with the surrogate target being impervious surface. Our current programs satisfy these requirements at this time. A new requirement added to the last permit renewal is electronic reporting. This requires Cary to submit all MS4 reports by no later that December 21, 2020. Cary is required to submit monitoring data and reports for the MS4 as outlined in the NPDES Phase !! permit Part III Program Assessment and as per Part IV Reporting and Record Keeping Requirements. 1.4.2 Development Services Development is the catalyst for how the Stormwater Division operates. New development and redevelopment provide revenue to Cary's general fund. The Stormwater Division has unique role in the development process in that we are involved directly in every phase and aspect of predevelopment, development as well as post development. From initial inception of a development concept, the stormwater group is involved during the rezoning phase, plan review phase, regulation of Construction Site Runoff Controls including issuance of permits for land disturbing activities phase, compliance with environmental protection measures such as riparian buffer and wetland compliance as well as Post-Construction Site Runoff Control regulations for all SCM public and private in perpetuity. New development and redevelopment begin with a concept that requires a due diligence period to assess the feasibility of investing in a project. The Stormwater Division assists the development community and citizens of Cary with due diligence. This is a significant undertaking with the complexity of the stormwater regulations. In many instances rezoning a property prior to any development activity is required. The Stormwater Division provides the following: ■ Awareness of Issues (pre-existing or perceived) ■ Articulates solutions 19 ■ Provide understandable background information to Council ■ Due diligence of developers (Stream buffer determination and identification of other jurisdictional requirements. ➢ Pre-Application meetings ➢ Development Review Committee (DRC) Site Plan Process Development • D' StormwaterErosion and Sediment Control Plan (Construction) Plan - Plan (Post Construction) Submittal Gradingpermit issued and work Paperwork for - • A - Final paperwork submitted/inspectionof device in final form e Certificate of Compliance issued and SCM enters post Post Construction Figure 5— Development services Process Rezoning The Stormwater Division on average, participates in 50 development pre-application meetings and comments on 100 rezoning cases annually. The Division also attends and provides technical expertise at all regular Council meetings, all Quasi-Judicial meetings and all Planning and Zoning Board meetings. In some instances, the Division participates in neighborhood meetings associated with rezoning. Plan Submittal Once a rezoning petition is accepted by Council the Site Plan Process commences. The following components of Plan Review are addressed by Stormwater Division staff to confirm develop plans including the Stormwater Management Plan as a companion document are compliant and applicable: ■ SPCA Rules — Construction Site Runoff Controls ■ Nutrient Sensitive Waters Rules ■ Peak Flow Mitigation Rules ■ Applicable Federal and State environmental permits are issued ■ Mitigation buydowns for nutrients in the Neuse Basin are completed 20 ■ FEMA Floodplain Ordinances are met, and applicable permits issued ■ All documented Cary Standards and Specifications are met On average 400 development plan reviews annually to verify compliance with Cary programs and ordinances. Staff also confirms all State required mitigations are completed prior to plan approval and tracks each approved stormwater plan for audit purposes. Plat Submittal All plats generated and associated with new or redevelopment are reviewed for compliance with all Stormwater requirement to meet Cary standards. This includes tracking and verifying: ■ Applying maximum impervious surface for each new single-family lot as applicable ■ Recording SCM legal access to a public R/W ■ Recording all stream buffers ■ Recording all Floodplain limits 50 acres or greater ■ Recording all Storm drain easements ■ Recording Stormwater Management signature verifying all watershed requirements are met Stormwater staff review on average 250-300 plats annually. Construction During Construction Stormwater Division staff provides technical and field services as follows: ■ Regulation of SPCA (Erosion & Sediment Control/Construction Site Runoff Control) ■ Permitting of land disturbance ■ Implementation of Standards and Specifications for stormwater infrastructure ■ Construction revisions ■ Transition from S&EC SCM to a Post-Construction SCM (completion, legal docs) ■ Issuance of a Certificate of Compliance for all SCMs ■ Citizen inquiries regarding compliance ■ Council and staff inquiries regarding compliance ■ Construction related complaints (Drainage, discoloration and quantity of runoff) ■ Stakeholder in issuance of certificate of occupancy (CO) Stormwater staff issues on average 80 grading permits per year for new development plans. Staff are responsible for organizing projects, scheduling and leading all pre- construction meetings, and are the first point of contact for the owners developing projects. Stormwater staff are also responsible for issuing all Certificate of Compliances for new development projects which enables building permits to be issued. The Construction Site Runoff Control Program is audited by the state of North Carolina every three to four years to ensure consistency with state and Federal rules under Cary's delegation. 21 As part of plan review and construction Stormwater Staff ensures all development complies with Sections 4 and 8 of the Towns Standards and Specifications for storm drainage and erosion control. These standards and specifications include materials, design criteria, installation requirements and sizing for both public and private property. An important component of the construction program is transitioning erosion control devices (S&EC SCM) to permanent Post-Construction SCM. Staff transitions approximately 75 permanent SCM annually and includes close collaboration between the SW Engineering Technician and the SW Analyst. The transition from construction to post-construction SCMs includes numerous other stakeholders and requires 8 documents and a security fee are in place in order to meet compliance. The following items are required for the conversion: ■ Property Deed • SCM Access Easement Recorded ■ Maintenance Agreement • Record Drawing ■ Operations & Maintenance Manual • Professional Certification ■ SCM Easement Plat Recorded • Bioretention Media Profile • SCM Maintenance Fee 77. Figure 6—Conversion Construction to Post-Construction Post-Construction To ensure goals for the Post-Construction Site Runoff Control Program are met Staff's tasks include: ■ Ensure the implementation of permanent stormwater plans ■ Ensure the regulation of all SCM's public and private in perpetuity ■ Ensure that HOAs maintain their legal responsibilities through Town ordinances ■ Ensure functionality: SCM's that need maintenance or fail inspection are repaired ■ Track progress, Deadlines, ownership information, photos, inspection reports, etc. using GIS based system ■ Maintain an up to date stormwater infrastructure inventory for Asset Management, Condition Assessment and Permit Compliance. Other task that arise during the post-construction that require staff attention but are not limited to include: ■ Transition SCM compliance from Developer to HOA ■ Transition SCM compliance to new property owner 22 ■ Maintain secure fee compliance ■ Address stakeholder issues to include the following: ➢ Designers (PE, RLA) ➢ HOA/Developer/Citizen ➢ SCM Contractors ➢ Cary Biannually Cary Stormwater Staff conduct a SCM Seminar/Workshop for stakeholders. Topics include Division structure, programs origination, construction site runoff control program, site plan process, conversion of SCMs from construction to post-construction, conversion of SCMs, SCM paperwork, records, annual maintenance and inspections, compliance, SCM overview, stakeholder roles, and maintenance versus compliance. 1.4.3 Capital Projects The Stormwater Division has a robust Capital Projects Program. The organization make up as to where it fits is illustrated in Figure 7 below: Programs Development NPDES Phase 2 Capital Projects Floodplain Management Environmental Protection Service Support Services Policy Statement Streets Utilities Condition Assessment Green Town 35/146 Projects PWJ Projects Asset Management Infrastructure Facilities GIs Condition Infrastructure GIS Inventory Basin Models Fleld services Assement Tool Maintenance Figure 7—Capital Projects Organization The cornerstone of Capital Projects to date has been Policy Statements 35 and 146. These Policies provide a mechanism for Cary citizens to petition Cary staff to provide assistance with structural flooding on private property. PS 35..., PS 146... Managed variety of ways including On-Call.... Stormwater staff work closely with Public Works Operations in... The Condition Assessment/Asset Management Program began Xx... Adaptive Stormwater led us to basin models etc. Design and Management, Engineering On-Calls, Public Works, Asset Management/Condition Assessment, PS 35/146 23 1.4.4 Floodplain Management Program The Stormwater Division is currently working towards a CRS Program which is Programs Capital Projects Floodplain Management Environmental Protection ■ Regulatory Administration Town CRS FEMA Flood lain Program Flood lain Plan/Plat Review Development Projects Mapping Capital Projects & BuildinFloodplain Insurnace Permits documentation intense. The application is currently being populated to send to FEMA 24 1.4.5 Environmental Protection Program Permitting, NCDEQ Notifications Program s Capital Projects Floodplain Management Environmental Protection Service Support Citizen Staff Assistance Support Wetland/Stream Watershed Protection Riparian BufferJUTB Determination Land Management Plans open Space Discussion................ The Town of Cary Floodplain Management Program can be broken up into four components; Residential permitting, Floodplain Map maintenance, Capital Project permitting and 25 1.4.6 Support Services Citizen and Customer Interaction Capital Projects Floodplain Management Environmental Protection Service Support Citizen Staff Assistance Support drainage Environmental Floodplain NPDES -Public Works -Citizen outreach 1.5 Future Considerations 1.5.1 Level of Service The Town of Cary clearly delineates Stormwater infrastructure maintenance requirements based upon the Public ROW. Approximately 30% of all stormwater infrastructure is maintained by the Town and the remaining70 % is maintained by our citizens and business owners. Stormwater maintenance responsibilities are clearly articulated on all legal plats, our Standards and Specifications and our Land development Ordinance. Town staff has begun to look at our policies and standards and specifications to address stormwater infrastructure maintenance responsibilities in situations where our ROW is being impacted by failing infrastructure. 1.5.2 Ordinance Changes In an effort to proactively manage our floodplain, the Town will begin to require new development to mitigate or model the 100-year storm to demonstrate no adverse impact. A significant portion of the Town was built prior to our current regulations which resulted in structures and residential lots being built in areas prone to flood inundation. This ordinance revision will ensure that new development does not create new or exacerbate existing flooding conditions on downstream properties. It will also ensure our Floodplain limits do not change significantly as a result of new development or redevelopment. 26 Stormwater staff is in the process of revisiting all of our Ordinances to ensure we have appropriate levels of service and appropriate levels of risk management. Open Space (? — Danna, or defer to Parks and Rec?) GIS 27