NCS000416_NOV and Audit Report_20230913

�u SEAT£a
ROY COOPER
Governor ` O
ELIZABETH S.BISER
Secretary Qimm^�
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
September 13,2023
CERTIFIED MAIL 7022 2410 0003 1437 0460
RETURN RECEIPT REQUESTED
Town of Leland
Attn: David A.Hollis
102 Town Hall Drive
Leland,NC 28451
Subject: NOTICE OF VIOLATION (NOV-2023-PC-0440)
Town of Leland
NPDES MS4 Permit No. NCS000416
Brunswick County
Dear Mr.Hollis:
On July 19,2023,staff from the North Carolina Department of Environmental Quality(DEQ) conducted a
compliance audit of the subject National Pollutant Discharge Elimination System(NPDES) Municipal Separate
Storm Sewer System(MS4) Permit. The audit identified major 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 the serious 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:
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. Adopt a Council Resolution within sixty(60) calendar days from the date of receipt of this notice.
The resolution must declare support for a compliant stormwater management program.A sample
council resolution with the minimum requirements is enclosed with this letter. An original signed
document must be submitted to DEQ.
3. Submit documentation for review and comment within one hundred twenty(120) calendar days
from the date of receipt of this letter:
a. Develop a Draft Stormwater Management Plan(SWMP)which details specific actions,
measurable goals,and implementation timelines to bring the stormwater management
program into compliance with NPDES MS4 requirements over the new 5-year permit term.
The SWMP must be documented utilizing the DEQ Phase II MS4 SWMP Template. The SWMP
must address all known compliance deficiencies including,at a minimum,the items detailed
in the DEQ MS4 Program Audit Report and the self-audit.
4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty(180) days prior to permit expiration,or
� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
oenamoom of]Mvh—aatm Quality 919.707.9200

Notice of Violation
Town of Leland
September 13, 2023
Page 2 of 2
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 [e-mail] to:
DEQ-DEMLR Stormwater Program
Attn:Isaiah Reed
2090 U.S. Highway 70
Swannanoa,NC 28778
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:
Understate law,a daily civil penalty of not more than twenty-five 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 notice and/or 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 Isaiah Reed at
[phone] or [e-mail].
Sincerely,
saiah Reed,PE,CPSWQ,MS4CECI
MS4 Program Coordinator
North Carolina Department of Environmental Quality
Enclosures:
DEQ MS4 Permit Compliance Audit Report
Example Council Resolution
EC: Isaiah Reed,MS4 Program Coordinator [e-mail]
Robert Miller [e-mail]
DEMLR NPDES MS4 Permit Laserfiche File

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000416
LELAND, NORTH CAROLINA
102 Town Hall Drive, Leland, NC
Audit Date: July 19, 2023
Report Date: August 25, 2023
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)
NCS000416 Leland MS4 Audit 20230719 i

TABLE OF CONTENTS
AuditDetails..................................................................................................................................................1
PermitteeInformation ..................................................................................................................................2
Listof Supporting Documents.......................................................................................................................3
Program Implementation, Documentation &Assessment...........................................................................4
PublicEducation and Outreach.....................................................................................................................7
Public Involvement and Participation...........................................................................................................8
Illicit Discharge Detection and Elimination (IDDE)........................................................................................9
Post-Construction Site Runoff Controls ......................................................................................................11
Pollution Prevention and Good Housekeeping for Municipal Operations..................................................15
Site Visit Evaluation: Municipal Facility No. 1.............................................................................................17
Site Visit Evaluation: Municipal Facility No. 2.............................................................................................18
Site Visit Evaluation: MS4 Outfall No. 1......................................................................................................19
Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1............................................20
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 Stormwater
Management Plan in accordance with the issued permit.
NCS000416 Leland MS4 Audit 20230719 ii

This page intentionally left blank
NCS000416 Leland MS4 Audit 20230719 iii

Audit Details
Audit ID Number: Audit Date(s):
NCS000416_Leland MS4 Audit_20230719 July 19,2023
Minimum Control Measures Evaluated:
© Program Implementation, Documentation&Assessment
❑x Public Education&Outreach
© Public Involvement& Participation
❑X 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
0 Post-Construction Site Runoff Controls
❑X Pollution Prevention and Good Housekeeping for Municipal Operations
❑ Total Maximum Daily Loads(TMDLs)
Field Site Visits:
❑ Municipal Facilities. Number visited:Choose an item.
❑ MS4 Outfalls. Number visited:Choose an item.
❑ 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 Or
Isaiah Reed, Environmental Engineer NCDEQ
Christine Hall, Engineering Supervisor NCDEQ
Dan Sams, Regional Engineer NCDEQ
Audit Report Author: Date:
Signature 3 1�2
NCS000416_Leland MS4 Audit_20230719 Page 1 of 20

Permittee Information
MS4 Permittee Name: Permit Effective Date: Permit Expiration Date:
Town of Leland 2/1/2018 1/31/2023
Mailing Address: Date of Last MS4 Inspection/Audit:
102 Town Hall Drive. Leland, NC 28451 None
Co-permittee(s),if applicable:
None
Permit Owner of Record:
David A. Hollis,Town Manager
Primary MS4 Representatives Participating in Audit
Name,Title Organization
Robert Miller, Public Services Director Town of Leland
MS4 Receiving Waters
Waterbody Classification Impairments
Receiving waters withing the Cape Fear
SA None
River Basin
NCS000416_Leland MS4 Audit_20230719 Page 2 of 20

List of Supporting Documents
Item When Provided
Document Title Number (Prior to/During/After)
1 Annual Report 21/22 After
2 Agreement with CWEP and CFRW After
3 Cape Fear Report After
4 Clean Sweep volunteer data After
5 IDDE Ordinance After
6 Sign in Sheet for annual IDDE Training After
7 Post Construction Ordinance After
8 Post-C Approval Letter After
9 Example Deed Restriction After
10 Inventory of SCMs After
11 Screenshot of Infrastructure After
12 Spill Prevention and Response Plan After
13 Inventory of Municipally-Owned SCMs After
14 0&M Plan for Municipally-owned SCMs After
15 Herbicide/Pesticide Applicator License After
NCS000416_Leland MS4 Audit_20230719 Page 3 of 20

Program Implementation, Documentation & Assessment
Staff Interviewed: Robert Miller,Public Services Director
(Name,Title,Role)
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. Yes ---
Funding
The Stormwater Plan identifies a specific position(s)responsible for the overall Not
coordination, implementation, and revision to the Plan. Reviewed ---
Responsibilities for all components of the Stormwater Plan are documented and Not
position(s)assignments provided. Reviewed
The permittee is current on payment of invoiced administering and compliance
Yes BIMS
monitoring fees(see stormwater e-payments on DEMLR MS4 web page).
No approved SWMP.Stormwater program funded from General Fund.Annual reports submitted through BIMS.
II.A.2 Stormwater The permittee evaluated the performance and effectiveness of the program
Plan components at least annually. Yes ---
Implementation
and Evaluation If yes,the permittee used the results of the evaluation to modify the program Not
components as necessary to accomplish the intent of the Stormwater Program. Reviewed ---
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 ---
No water quality impacts known.
I I.A.3
Keeping the The permittee kept the Stormwater Plan up to date. Not ---
Stormwater Plan Applicable
Up to Date
The permittee notified DEMLR of any updates to the Stormwater Plan. Not ---
Applicable
An approved SWMP was not made available at the time of 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 Website
Plan
The online materials included ordinances, or other regulatory mechanisms,or a list
identifying the ordinances,or other regulatory mechanisms, providing the legal Partial Website
authority necessary to implement and enforce the requirements of the permit.
Townofleland.com
Did DEMLR require a modification to the Stormwater Plan? Not ---
Applicable
NCS000416_Leland MS4 Audit_20230719 Page 4 of 20

Program Implementation, Documentation & Assessment
II.A.3&II.A.S
If yes, did the permittee complete the modifications in accordance with the Not
Stormwater Plan ---
Modifications established deadline? Applicable
II.A.6 Sharing
Responsibility Are any control measures implemented by an entity other than the permittee? Yes 2
If yes, is there a written agreement in place? Yes 2
Cape fear river watch. Clean Water Education Partnership. Cape fear river watch agreement does not include permit reference.
ll.A.7 The permittee maintained written procedures for implementing the six minimum
Written control measures. No
Procedures
Written procedures identified specific action steps,schedules, resources and
No ---
responsibilities for implementing the six minimum measures.
No written programs made available at the time of the audit.
III_A The permittee maintained documentation of all program components including, but
Program not limited to, inspections, maintenance activities,educational programs, Yes 5 Years
Documentation implementation of BMPs,enforcement actions etc., on file for a period of five years.
111.13 The permittee submitted annual reports to the Department within twelve months
Annual Report from the effective date of the permit(See Section 111.B.for the annual reporting Not ---
Reviewed
Submittal period specific to this MS4).
The permittee submitted subsequent annual reports every twelve months from the Not
scheduled date of the first annual report submittal. Reviewed - -
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 Not
of each major component of the Stormwater Plan for the past year and Reviewed ---
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 Not
the proposed changes and how these changes will impact the Stormwater Reviewed ---
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 Not ---
Reviewed
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 Not ---
Reviewed
Stormwater Plan.
5. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections,and enforcement Not --
Reviewed
actions.
NCS000416_Leland MS4 Audit_20230719 Page 5 of 20

Program Implementation, Documentation & Assessment
IV.B
Annual Reporting The Annual Reports document the following:
1. A summary of past year activities, including where applicable,specific Not
quantities achieved and summaries of enforcement actions. Reviewed -�-
2. A description of the effectiveness of each program component. Not
Reviewed
3. Planned activities and changes for the next reporting period,for each Not _
program component or activity. Reviewed
4. Fiscal analysis. NotReviewed
NCS000416_Leland MS4 Audit_20230719 Page 6 of 20

Public Education and Outreach
Staff Interviewed: Robert Miller,Public Services Director
(Name,Title, Role)
Permit Citation Program Requirement Status Supporting
Doc No.
11.B.2.a
The permittee defined goals and objectives of the Local Public Education and
Goals and Partial Website
Objectives Outreach Program based on community wide issues.
Website contains information on outreach.
11.B.2.b The permittee maintained a description of the target pollutants and/or stressors and Partial Website
Target Pollutants likely sources.
Website contains information. CWEP does not provide an annual report.
11.B.2.c The permittee identified,assessed annually and updated the description of the target
No ---
Target Audiences audiences likely to have significant storm water impacts and why they were selected.
No commercial outreach known.
11.B.2.d Residential The permittee described issues,such as pollutants,the likely sources of those
and Industrial/ pollutants, potential impacts,and the physical attributes of stormwater runoff in Yes ---
Commercial Issues their education/outreach program.
Cape fear river watch conducts outreach at 3 schools per year
11.B.2.e
Informational The permittee promoted and maintained an internet web site designed to convey the
Yes Website
Web Site program's message.
Townofleland.com
11.B.2.f
Public Education The permittee distributed stormwater educational material to appropriately focused Yes 3
Materials groups.
Cape fear focused on school groups.
II.B.2.e The permittee promoted and maintained a stormwater hotline/helpline for the
Hotline/Help Line purpose of public education and outreach. Partial Website
Townofleland.com
11.B.2.h The permittee's outreach program, including those elements implemented locally or
Public Education through a cooperative agreement, included a combination of approaches designed to Not --
and Outreach Reviewed
reach the target audiences.
Program
For each media,event or activity, including those elements implemented locally or
through a cooperative agreement the permittee estimated and recorded the extent Not --
of exposure. Reviewed
Stormwater public services director is still becoming familiar with activities implemented by outside contracted entities.
NCS000416_Leland MS4 Audit_20230719 Page 7 of 20

Public Involvement and Participation
Staff Interviewed: Robert Miller, Public Services Director.
(Name,Title,Role)
Permit Citation Program Requirement Status supporting
Doc No.
II.C.2.a Volunteer
Community The permittee included and promoted volunteer opportunities designed to promote
Yes 4
Involvement ongoing citizen participation.
Program
Clean Sweep.
Creek Week.Storm drain marking.2-3 residents.Documented by CWEP.
Town staff cleanup. Volunteer creek cleanups.
Resident creek cleanup.
I I.C.2.b
Mechanism for The permittee provided and promoted a mechanism for public involvement that
No ---
Public provides for input on stormwater issues and the stormwater program.
Involvement
None documented.
II.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public
No ---
Hotline/Help Line involvement and participation.
NCS000416_Leland MS4 Audit_20230719 Page 8 of 20

Illicit Discharge Detection and Elimination (IDDE)
Staff Interviewed: Robert Miller, Public Services Director
(Name,Title,
Role)
Permit Citation Program Requirement Status Supporting
Doc No.
I I.D.2.a
IDDE Program The permittee maintained a written IDDE Program. No ---
If yes,the written program includes provisions for program assessment and
evaluation and integrating program. No --_
No Written IDDE Program has been maintained.
The permittee maintained an IDDE ordinance or other regulatory mechanism(s)that
Yes 5
II.D.2.b provides the legal authority to prohibit illicit connections and discharges to the MS4.
Legal Authorities If yes,the ordinance applies throughout the corporate limits of the permittee.
Yes 5
[Permit Part 1.DJ
No ETJ
II.D.Z.c
The permittee maintained a current map showing major outfalls*and receiving
Storm Sewer No --_
System Map streams.
II.D.2.d
The permittee maintained a program for conducting dry weather flow field
Dry Weather Flow No ---
Program
observations in accordance with written procedures.
No dry weather screening outlined/planned.
II.D.2.e
The permittee maintained written procedures for conducting investigations of
Investigation No ___
Procedures
identified illicit discharges.
No written program exists.
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 date(s)the illicit discharge was observed Not ---
Applicable
2. The results of the investigation Not --
Applicable
3. Any follow-up of the investigation Not
Applicable
4. The date the investigation was closed Not
Applicable
II.D.2.g 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 Partial 6
contact with or otherwise observe an illicit discharge or illicit connection.
Annual training for municipal staff on IDDE.
NCS000416_Leland MS4 Audit_20230719 Page 9 of 20

Illicit Discharge Detection and Elimination (IDDE)
II.D.2.h The permittee informed public employees of hazards associated with illegal
Public Education discharges and improper disposal of waste. Yes 6
The permittee informed businesses of hazards associated with illegal discharges and Yes 6
improper disposal of waste.
The permittee informed the general public of hazards associated with illegal
Yes 6
discharges and improper disposal of waste.
Annual training covers improper disposal of waste.
II.D.2.i The ermittee
Public Reporting p promoted, publicized, and facilitated a reporting mechanism for the Yes Website
public to report illicit discharges.
Mechanism
The permittee promoted, publicized,and facilitated a reporting mechanism for staff
No ---
to report illicit discharges.
The permittee established and implemented response procedures for citizen
No ---
requests/reports.
No written program in place.
II'113.2.j The permittee implemented a mechanism to track the issuance of notices of violation Not
Enforcement and enforcement actions administered by the permittee. Applicable ---
If yes,the mechanism includes the ability to identify chronic violators for Not
initiation of actions to reduce noncompliance. Applicable
NCS000416_Leland MS4 Audit_20230719 Page 10 of 20

Post-Construction Site Runoff Controls
Staff Interviewed: Robert Miller,Public Services Director
(Name,Title, Role)
Implementation(check all that apply):
® The permittee implements the components of this minimum measure.
❑ The permittee relies upon another entity to implement the components of this minimum measure:
❑ The permittee implements the following deemed-compliant program(s),which meet NPDES MS4 post-construction
requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A
NCAC and noted below(Complete Session Law 2006-246 section below):
❑ Water Supply Watershed I (WS-1)—15A NCAC 26.0212
❑ Water Supply Watershed II (WS-11)—15A NCAC 2B.0214
❑ Water Supply Watershed III (WS-III)—15A NCAC 2B .0215
❑ Water Supply Watershed IV(WS-IV)—15A NCAC 213.0216
❑ Freshwater High Quality Waters(HOW)—15A NCAC 2H .1006
❑ Freshwater Outstanding Resource Waters(ORW)—15A NCAC 2H .1007
❑ Neuse River Basin Nutrient Sensitive(NSW) Management Strategy—15A NCAC 2B .0235
❑ Tar-Pamlico River Basin Nutrient Sensitive(NSW) Management Strategy—15A NCAC 2B.0258
❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy—15A NCAC 2B .0251
❑ Universal Stormwater Management Program—15A NCAC 2H .1020
Ordinance(s)(check all that apply):
The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program
requirements throughout the MS4 permitted area (check all that apply):
❑ DEQ model ordinance
❑ MS4 designed post-construction practices that meet or exceed 15A NCAC 02H .1000.
❑ DEQ approved comprehensive watershed plan
❑ DEQ approved ordinance for a deemed-compliant Program(see list above)
Instructions:
For MS4s not implementing a S.L. 2006-246 deemed-compliant program, complete only the Permit Citation section below.
For MS4s implementing a S.L. 2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. If the MS4
does not implement a deemed-compliant program throughout the entire MS4 permitted area, then complete the Permit Citation
section below for the permitted area(s)not covered under the S.L.2006-246 deemed-compliant program.
NCS000416_Leland MS4 Audit_20230719 Page 11 of 20

Post-Construction Site Runoff Controls
Session Law 2006- Supporting
246 Program Requirement Status Doc No.
Deemed-Compliant The permittee implements deemed-compliant Program requirements in
Not
Program(s) accordance with the applicable 15A NCAC rules. Applicable
The permittee implements deemed-compliant Program requirements throughout
Not
the entire MS4 area (If not also complete the Permit Citation section below.) Applicable
The permittee applies deemed-compliant Program requirements to all federal,
state and local government projects within the permitted MS4 area who do not Not
have their own NPDES stormwater permit. Applicable
The permittee included deemed-compliant Program reporting in their MS4 Annual
Reports.
The permittee included deemed-compliant Program implementation in their
Not
Stormwater Management Plan. Applicable
Permit Citation Program Requirement Status Supporting
Doc No.
II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed
Legal Authority to meet the objectives of the Post-Construction Site Runoff Controls Stormwater Yes 7
Management Program.
If yes,the ordinance applies throughout the corporate limits of the permittee
(Verify permit coverage area listed in Part I.D of permit and modify Yes 7
accordingly).
The permittee has the authority to review designs and proposals for new
development and redevelopment to determine whether adequate stormwater Yes 7
control measures will be installed, implemented,and maintained.
The permittee has the authority to request information such as stormwater plans,
inspection reports, monitoring results, and other information deemed necessary to
Yes 7
evaluate compliance with the Post-Construction Stormwater Management
Program.
The permittee has the authority to enter private property for the purpose of
inspecting at reasonable times any facilities, equipment, practices, or operations Yes 7
related to stormwater discharges.
Non-residential that adds 10,000 square feet.
I I.F.2.b
Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes 7
Measures(SCMs)
SCMs comply with 15A NCAC 02H .1000. Not ---
Reviewed
II.F.2.c The permittee conducted site plan reviews of all new development and
Plan Reviews redeveloped sites that disturb greater than or equal to one acre(including sites
Yes $
that disturb less than one acre that are part of a larger common plan of
development or sale).
If yes,the site plan reviews addressed how the project applicant meets the
Yes $
performance standards.
NCS000416_Leland MS4 Audit_20230719 Page 12 of 20

Post-Construction Site Runoff Controls
If yes,the site plan reviews addressed how the project will ensure long-term
Yes 9
maintenance.
II.F.2.d The permittee maintained an inventory of projects with post-construction
Inventory of Projects structural stormwater control measures installed and implemented at new Yes ---
development and redeveloped sites.
The inventory included both public and private sector sites located within the
permittee's corporate limits that are covered by its post-construction ordinance Yes 10
requirements.
II.F.2.e
Deed Restrictions The permittee provided mechanisms such as recorded deed restrictions and
and Protective
protective covenants that ensure development activities will maintain the project Yes 9
Covenants consistent with approved plans.
II.F.2.f The permittee implemented or required an operation and maintenance plan for
Mechanism to the long-term operation of the SCMs required by the program. Yes 8
Require Long-term
Operation and The operation and maintenance plan required the owner of each SCM to perform
Maintenance Yes 8
and maintain a record of annual inspections of each SCM.
Annual inspection of permitted structural SCMs are required to be performed by a
No ---
qualified professional.
Permit does not include an inspection requirement.
II.F.2.g The permittee conducted and documented inspections of each project site covered
Inspections of under performance standards,at least one time during the permit term (Verify this No ---
Structural is a permit condition in Part II.F.2.g of permit and modify accordingly).
Stormwater Control Before issuing a certificate of occupancy or temporary certificate of occupancy,the
Measures permittee conducted a post-construction inspection to verify that the permittee's
performance standards have been met or a bond is in place to guarantee Not
Reviewed
completion(Verify this is a permit condition in Part II.F.2.g of permit and modify
accordingly.
The permittee developed and implemented a written inspection program for SCIVIs
installed pursuant to the post-construction program(Verify this is a permit No ---
condition in Part II.F.2.g of permit and modify accordingly.
The permittee documented and maintained records of inspections. No ---
The permittee documented and maintained records of enforcement actions. No ---
II.F.2.h The permittee made available through paper or electronic means, ordinances,
Educational post-construction requirements,design standards checklists, and other materials
Materials and appropriate for developers.
Yes Website
Training for Note:New materials may be developed by the permittee, or the permittee may use
Developers materials adopted from other programs and adapted to the permittee's new
development and redevelopment program.
II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement Not
actions. Applicable ---
NCS000416_Leland MS4 Audit_20230719 Page 13 of 20

Post-Construction Site Runoff Controls
If yes,the tracking mechanism included the ability to identify chronic violators N7able —_
for initiation of actions to reduce noncompliance. Appli
II.F.3.b The permittee fully complies with post construction program requirements on its
New Development own publicly funded construction projects. Yes 13
II.F.3.c Does the M54 have areas draining to Nutrient Sensitive Waters(NSW)pursuant to
Nutrient Sensitive 15A NCAC 02H .0150? No ---
Waters
If yes,does the permittee use SCMs that reduce nutrient loading in order to Not
meet local program requirements. Applicable ---
If yes, does the permittee also still incorporate the stormwater controls Not
required for the project's density level. Applicable ---
If yes, does the permittee also require documentation where it is not feasible to Not
use SCMs that reduce nutrient loading. Applicable ---
II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Not
Design Volume runoff at build out from all surfaces draining to the system. Reviewed --
Where "streets" convey stormwater,the permittee designed SCMs to be sized to
treat and control stormwater runoff from all surfaces draining to the SCM including Not
Reviewed
streets, driveways,and other impervious surfaces.
Additional High Density approvals should have an expiration date.
Comments: It is recommended that Town staff open and maintain regular communication with Wilmington Regional
Office staff to assure consistency between State and MS4 Post construction requirements. It is likely that
additional audits,focused primarily on the Post-Construction program occur at a higher frequency than
once per permit cycle.
NCS000416_Leland MS4 Audit_20230719 Page 14 of 20

Pollution Prevention and Good Housekeeping for Municipal Operations
Staff Interviewed: Robert Miller, Public Services Director.
(Name,Title, Role)
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 No ---
stormwater runoff.
Fleet vehicles maintained done off site.Stored Municipal operations center.3 fire departments.
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 0&M program specifies the frequency of inspections. No ---
If yes,the 0&M program specifies the frequency of routine maintenance
No ---
requirements.
If yes,the permittee evaluated the O&M program annually and updated it as
No ---
necessary.
No O&M Plan
I I.G.2.c
Spill Response The permittee had written spill response procedures for municipal operations. Yes 12
Procedures
Spill prevention response procedures,
II.G.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 No ---
Parking Lots corporate limits annually.
Maintenance If yes,the permittee evaluated the effectiveness of existing and new BMPs Not
based on cost and the estimated quantity of pollutants removed. Applicable ---
No annual evaluation of street cleaning BMPs documented.
II.G.2.f
O&M for Catch The permittee maintained and implemented an O&M program for the stormwater
Basins and sewer system including catch basins and conveyance systems that it owns and No ---
Conveyance Systems maintains.
No O&M Plan has been created/developed.
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 13
Stormwater Controls construction ordinance.
NCS000416_Leland MS4 Audit_20230719 Page 15 of 20

Pollution Prevention and Good Housekeeping for Municipal Operations
II.G.2.h The permittee maintained and implemented an 0&M program for municipally-
O&M for Structural owned or maintained structural stormwater controls installed for compliance with Yes 14
Stormwater Controls the permittee's post-construction ordinance. If yes,then:
The O&M program specified the frequency of inspections and routine Not
maintenance requirements. Reviewed
The permittee documented inspections of all municipally-owned or maintained Not
structural stormwater controls. Reviewed ---
The permittee inspected all municipally-owned or maintained structural Not
stormwater controls in accordance with the schedule developed by permittee. Reviewed ---
The permittee maintained all municipally-owned or maintained structural Not
stormwater controls in accordance with the schedule developed by permittee. Reviewed ---
The permittee documented maintenance of all municipally-owned or Not
maintained structural stormwater controls. Reviewed -
II.G.2.i 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
Management Yes ---
fertilizer application management.
The permittee ensured all permits,certifications, and other measures for
Yes ---
applicators are followed.
Municipality is in discussions about providing training.
11.G.2.j The permittee implemented an employee training program for employees involved
Staff Training in implementing pollution prevention and good housekeeping practices. Yes 6
Annual Training.
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 Not ---
Equipment Cleaning cleaning. Applicable
Fleet vehicles are washed offsite.
NCS000416_Leland MS4 Audit_20230719 Page 16 of 20

Site Visit Evaluation: Municipal Facility No. 1
Facility Name: Date of Site Visit:
Municipal Ops July 19,2023
Facility Address: Facility Type(Vehicle Maintenance, Landscaping,etc.):
1987 Andrew Jackson Highway Public Works
Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(List date and name of inspector):
Robert Miller,Public Services Director&Town Engineer None
Name(s)and Title(s)of Facility Representative(s)Present During the Site Visit:
Name Title
Robert Miller Public Services Director
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?How often?
Annual SW Training.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive?How often?
Annual SW 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?
No.
Does the MS4 inspector's process include taking photos?
No.
Does the MS4 inspector's process include reviewing the facility's SWPPP(or similar document)?
No.
Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge?
No.
Did the MS4 inspector miss any obvious areas of concern?If so,explain:
Inspection procedures are in development.
Does the MS4 inspector's process include presenting the inspection findings to the facility contact?
No.
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so,for what issue(s)?
Chemical storage issues were observed in various locations.Corrective actions will be determined by the permittee.
If compliance corrective actions were identified,what timeline for correction/follow-up was provided?
Not determined during the inspection.
NCS000416_Leland MS4 Audit_20230719 Page 17 of 20

Site Visit Evaluation: Municipal Facility No. 2
Facility Name: Date of Site Visit:
Fire/Rescue Station 52 July 19,2023
Facility Address: Facility Type(Vehicle Maintenance, Landscaping,etc.):
1379 River Road SE Fire Department
Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(Date and Entity):
Robert Miller None.
Name(s)and Title(s)of Facility Representative(s) Present During the Site Visit:
Name Title
None
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?How often?
None.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive?How often?
Annual SW 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?
No.
Does the MS4 inspector's process include taking photos?
No.
Does the MS4 inspector's process include reviewing the facility's SWPPP(or similar document)?
No.
Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge?
No.
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?
No.
Inspection Results
Did the facility inspection result in any corrective actions to be implemented?If so,for what issue(s)?
Inspection procedures still being developed by the permittee.
If compliance corrective actions were identified,what timeline for correction/follow-up was provided?
Not determined during the inspection.
NCS000416_Leland MS4 Audit_20230719 Page 18 of 20

Site Visit Evaluation: MS4 Outfall No. 1
Outfall ID Number: Date of Site Visit:
Not identified. July 19,2023
Outfall Location: Outfall Description (Pipe Material/Diameter,Culvert,etc.):
1379 River Road SE RCP
Receiving Water: Is Flow Present?If So,Describe(Color,Approximate Flow Rate,
Not reviewed. Sheen,Odor, Floatables/Debris,etc.):
Most Recent Outfall Inspection/Screening(Date):
None. Submerged/woody debris buildup
s:
Days Since Last Rainfall: Inche
Not reviewed. N/A
Name of MS4 Inspector(s)evaluated:
Robert Miller
Observations
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive?How often?
Annual SW 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?
No.
Does the inspector's process include taking photos?
No.
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)?
Not determined during the inspection.
Will a follow-up outfall inspection be conducted?If so,for what reason?
No. Inspection procedures still being developed by the permittee.
NCS000416_Leland MS4 Audit_20230719 Page 19 of 20

Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1
Site Name: Date and Time of Site Visit:
Fire/Rescue Station 52 July 19,2023
Site Address: SCM Type:
1379 River Road Wet Pond
Most Recent MS4 Inspection(Include Date and Entity):
None.
Name of MS4 Inspector(s)evaluated: Most Recent MS4 Enforcement Activity(Include Date):
Robert Miller None.
Name(s)and Title(s)of Site Representative(s) Present During the Site Visit:
Name Title
None.
Observations
Site Documentation
Does the site have an operation and maintenance plan?
Yes.
Does the site have records of annual inspections?Are they performed by a qualified individual?
No.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive?How often?
Annual SW Training.
Did the MS4 inspector appear knowledgeable about MS4 requirements for post-construction site runoff controls?
Yes.
Did the MS4 inspector appear knowledgeable about post-construction BMPs(general purpose/function,components,0&M
requirements, etc.)?
Yes.
Inspection Procedures
Does the MS4 inspector's process include the use of a checklist or other standardized form?What format?
No.
Does the MS4 inspector's process include taking photos?
No.
Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections?
No.
Does the MS4 inspector's process include walking the entire site and inspecting all points of discharge?
No.
Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain:
No.
Does the MS4 inspector's process include presenting the inspection findings to the site contact in writing?
No.
Compliance/Enforcement
Inspection procedures being developed by the permittee.
NCS000416_Leland MS4 Audit_20230719 Page 20 of 20

Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
Resolution No.:###
Date Adopted:###
RESOLUTION AFFIRMING THE MS4NAME COUNCIL'S SUPPORT
REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement a compliant stormwater management program that meets
the requirements of the MS4NAME National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS###to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared by the MS4NAME and approved by the North
Carolina Department of Environmental Quality.
WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for stormwater
discharges from municipal separate storm sewer systems; and
WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of
Environmental Quality; and
WHEREAS,the North Carolina Department of Environmental Quality issued the MS4NAME its third
NPDES MS4 Permit for discharge of stormwater on DATE; and
WHEREAS, the MS4NAME was issued Notice of Violation number NOV-###-###on DATE for
noncompliance with the issued NPDES MS4 Permit; and
WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to obtain a new
individual NPDES MS4 Permit; and
WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to conduct a self-
audit of permit compliance for the balance of permit requirements not specifically audited by the North
Carolina Department of Environmental Quality, and to develop a draft Stormwater Management Plan to
comply with Section 402(p)(3)(B)(iii) of the Clean Water Act, 40 CFR 122.34(b) and NPDES MS4 Permit
requirements, and to submit its draft Stormwater Management Plan to the North Carolina Department
of Environmental Quality no later than 120DaysFromNOVDate for review and approval; and
WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to adopt a Council
Resolution to implement a compliant and enforceable stormwater management program as defined by
both the NPDES MS4 Permit number NCS###and the required new Stormwater Management Plan, and
said resolution is to be submitted to the North Carolina Department of Environmental Quality no later
than 60DaysFromNOVDate; and
WHEREAS, the MS4NAME acknowledges the requirement to provide adequate funding and staffing to
implement a Stormwater Management Program that complies with its NPDES MS4 Permit and approved
Stormwater Management Plan; and
WHEREAS,the MS4NAME acknowledges that North Carolina Department of Environmental Quality
enforcement action and penalties could result from non-compliance with the specific requirements in
Notice of Violation number NOV-###-###; and

Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
WHEREAS,the MS4NAME acknowledges that any North Carolina Department of Environmental Quality
enforcement action and penalties may not prohibit the U.S. Environmental Protection Agency from
taking its own enforcement action for non-compliance with the issued NPDES MS4 Permit.
NOW,THEREFORE, BE IT RESOLVED that the Council of the MS4NAME hereby affirms its support for
development and implementation of a compliant NPDES MS4 Stormwater Program.
NAME, Mayor NAME,Town Manager
NAME,Stormwater Program Administrator NAME, Town Clerk
ADOPTED BY the City Council of the MS4NAME, North Carolina the day of , 2019 and
signed in authentication thereof the day of 2019.