NCS000455_NOV and Audit Report_20230828

y�ia SfATFo-
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ROYCOOPER <y
Governor J 7 _
ELIZABETH S.BISER
Secretary �`a'""' •
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DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
August 28,2023 j
CERTIFIED MAIL 7022 2410 0003 1437 0453
RETURN RECEIPT REQUESTED
Town of Oak Island
Attn: Elizabeth White,Mayor
4601 E Oak Island Drive
Oak Island,North Carolina 28465
Subject: NOTICE OF VIOLATION(NOV-2023-PC-0439)
Town of Oak Island
NPDES MS4 Permit No.NCS000455
Brunswick County
Dear Ms.White:
On July 17,2023,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. Submit a permit renewal application within thirty(30) calendar days from the receipt of this notice.
3. 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.
4. Submit documentation for review and comment within one hundred twenty(120) calendar days
from the date of receipt of this letter:
a. The Illicit Discharge Detection and Elimination Program Plan,as required in Part 11,Section
A.7.and Section D.2.a.of the current permit
b. The MS4 Operation and Maintenance Program Plan,as required in Part 11,Section A.7.and
Section G.2.f. of the current permit
c. The Municipal SCM Operation and Maintenance Program Plan,as required in Part 11,Section
A.7.and Section G.2.h.of the current permit.
d. Develop a Draft Stormwater Management Plan(SWMP) which details specific actions,
measurable goals,and implementation timelines to bring the stormwater management
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 27699-1612
atom craarvn 1
919.707.9200

Notice of Violation
Town of Oak Island
August 28, 2023
Page 2 of 2
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
S. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty(180)days prior to permit expiration,or
b. Within thirty(30) days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4 should submit the
application including a signed Final Draft SWMP. A new 5-year NPDES MS4 permit will be
public noticed along with the Draft Final SWMP.
6. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQ approval
and final permit issuance. The final DEQ-approved SWMP shall become an enforceable component of
the NPDES MS4 permit and an Annual Self-Assessment Template that corresponds to the approved
SWMP will be provided.
Required documentation shall be submitted via e-mail to Isaiah.Reed(a)deq.nc.gov or 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($2s,000)per
violation may be assessed against any person who violates or fails to act in accordance with the terms,
conditions,or requirements of permit[North Carolina General Statute 143-21S.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 Isaiah.Reed0deq.nc.gov.
Sincerely,
saiah Reed,PE,C Q,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 Isaiah.reedPdeq.nc.gov
Rick Patterson,Stormwater Administrator ruatterson(toakislandnc.gov
DEMLR NPDES MS4 Permit Laserfiche File

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MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
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NPDES PERMIT NO. NCS000455
Oak Island, NORTH CAROLINA
4601 E. Oak Island Drive
Audit Date:July 17, 2023
Report Date: August 24, 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

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NCS000455 Oak Island MS4 Audit 20230717 i

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TABLE OF CONTENTS
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AuditDetails..................................................................................................................................................1
PermitteeInformation ..................................................................................................................................2
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Listof Supporting Documents.......................................................................................................................3
Program Implementation, Documentation &Assessment...........................................................................4
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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.
NC5000455 Oak Island MS4 Audit 20230717 ii

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NC5000455 Oak Island M54 Audit 20230717 Hi

Audit Details
Audit ID Number: Audit Date(s):
NCS000455_Oak Island MS4 Audit_20230717 July 17,2023
Minimum Control Measures Evaluated:
® Program Implementation,Documentation &Assessment
® Public Education&Outreach
® Public Involvement&Participation
® Illicit Discharge Detection &Elimination
❑ Construction Site Runoff Controls—No delegated Sediment and Erosion Control Program
❑ Construction Site Runoff Controls—Delegated Sediment and Erosion Control Program
® Post-Construction Site Runoff Controls
® Pollution Prevention and Good Housekeeping for Municipal Operations
❑ Total Maximum Daily Loads(TMDLs)
Field Site Visits:
® Municipal Facilities. Number visited:2
® MS40utfalls. Number visited:I
❑ Construction Sites. Number visited:Choose an item.
® Post-Construction Stormwater Runoff Controls. Number visited:1
❑ Other: Number visited:Choose an item.
❑ Other: Number visited:Choose an item.
Inspector(s)Conducting Audit
Name,Title Or¢anization
Isaiah Reed, Environmental Engineer NCDEQ
Dan Sams,Regional Engineer NCDEQ
Christine Hall, Engineering Supervisor NCDEQ
Audit Report Au Date:
Signotur
NCS000455—Oak Island MS4 Audit_20230717 Page 1 of 20

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Permittee Information
MS4 Permittee Name:Town of Oak Island Permit Effective Date: Permit Expiration Date:
2/01/2018 1/31/2023
Date of Last MS4 Inspection/Audit:
Mailing Address:4601 East Oak Island Drive
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Co-permittee(s),if applicable:None
Permit Owner of Record:Cin Brochure,Mayor
Primary MS4 Representatives Participating in Audit i
Name,Title Organization
Steve Edwards, Development Services
Town of Oak Island
Director
Rick Patterson,Stormwater Administrator Town of Oak Island
MS4 Receiving Waters
Waterbodv Classification Impairments
Receiving waters of the State,within the
Lumber and Cape Fear River Basins SA:HOW Not Reviewed
NCS000455_Oak Island M54 Audit_20230717 Page 2 of 20
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List of Supporting Documents
Item When Provided
Number Document Title
(Prior to/During/After)
1 Outreach Email After
2 Articles on stormwater in "The Current" publication After
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3 Map of stormwater outfalls After
4 Draft SWMP(2003) After
5 Post Construction Ordinance After
6 Example Deed Restriction After
7 Post-C Approval Letter/Permit After
8 Spill Prevention/Response Plan Requested but not provided
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9 Applicator License(herbicide/pesticide) After
10 Agenda/Attendance sheet from training session. After
NCS000455_Oak Island MS4 Audit_20230717 Page 3 of 20

Program Implementation, Documentation &Assessment
Staff Interviewed: Steve Edwards, Development Services Director
(Name,Title,Role) Rick Patterson,Stormwater Administrator
Permit Citation Program Requirement Status supporting
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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
No ---
coordination,implementation,and revision to the Plan. r
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Responsibilities for all components of the Stormwater Plan are documented and
No ---
position(s)assignments provided.
The permittee is current on payment of invoiced administering and compliance
Yes BIMS
monitoring fees(see stormwa[ere-payments on DEMLR M54 web page).
Adequate. 7 total employees focused on SW.SW utility. "$7 a month. f�
II.A.2 Stormwater The permittee evaluated the performance and effectiveness of the program f
Plan components at least annually. No
Implementation
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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. Applicable
Did the permitted M54 discharges cause or contribute to non-attainment of an
No ---
applicable water quality standard?
If yes,did the permittee expand or better tailor its BMPs accordingly to address Not
the non-attainment? Applicable
Annual report submittal issues in 2022.No Water Quality issues known.
II.A.3
Keeping the The permittee kept the Stormwater Plan up to date. No ---
Stormwater Plan
Up to Date
The permittee notified DEMLR of any updates to the Stormwater Plan. Not
Applicable
No current SWMP available.
II.A.4 Availability The permittee kept an up-to-date version of its Stormwater Plan available to the
of the Stormwater Division and the public online. No ---
Plan
The online materials included ordinances,or other regulatory mechanisms,or a list
identifying the ordinances,or other regulatory mechanisms, providing the legal Partial Website
authority necessary to implement and enforce the requirements of the permit.
SW page contains links to some documents,but does not include Ordinance or SWMP.
[DidEMLR require a modification to the Stormwater Plan? Not
Applicable
NCS000455_Oak Island MS4 Audit_20230717 Page 4 of 20

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Program Implementation, Documentation & Assessment
II.A.3&I I.A.5
Stormwater Plan If yes, did the permittee complete the modifications in accordance with the Not
Modifications
established deadline? Applicable
No SWMP made available at the time of the audit.
II.A.6 Sharing j
Responsibility Are any control measures implemented by an entity other than the permittee? No ---
If yes, is there a written agreement in place? Not j
Applicable
II.A.7 The permittee maintained written procedures for implementing the six minimum
Written No ---
control measures.
Procedures
Written procedures identified specific action steps,schedules, resources and Not
responsibilities for implementing the six minimum measures. Applicable
No written programs made available at the time of the audit.
Ill.A The permittee maintained documentation of all program components including, but
Program not limited to, inspections, maintenance activities,educational programs, Yes --
Documentation implementation of BMPs,enforcement actions etc.,on file for a period of five years.
Indefinite.
111.13 The permittee submitted annual reports to the Department within twelve months
Annual Report from the effective date of the permit(See Section 111.8.for the annual reporting No ---
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.
FS. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections,and enforcement Not
Reviewed
actions.
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Program Implementation, Documentation &Assessment
IV.B
Annual Reporting The Annual Reports document the following:
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1. A summary of past year activities, including where applicable,specific Not _
quantities achieved and summaries of enforcement actions. Reviewed
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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. Not
Reviewed
NCS000455_Oak Island MS4 Audit_20230717 Page 6 of 20

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Public Education and Outreach
Staff Interviewed: Steve Edwards, Development Services Director
(Name,Title,Role) Rick Patterson,Stormwater Administrator
Supporting
Permit Citation Program Requirement Status Doc No.
ILB.2.a
The permittee defined goals and objectives of the Local Public Education and '.
Goals and Partial 2
Outreach Program based on community wide issues.
Objectives
No approved SWMP. Polystyrene pipes creating issues.
II.B.2.b The permittee maintained a description of the target pollutants and/or stressors and _
No
Target Pollutants likely sources. —
No outreach geared toward target pollutants. j
II.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 assessment documented.
II.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 No Commercial Issues their education/outreach program.
II.B.2.e
The permittee promoted and maintained an internet web site designed to convey the
Informational Yes Website
Web Site program's message.
Oakislandnc.gov
II.B.2.f
The permittee distributed stormwater educational material to appropriate target
Public Education Partial 1
Materials groups.
Outreach includes email to limited list and social media. (estimates 6 posts in last year)
II.B.2.z The permittee promoted and maintained a stormwater hotline/helpline for the
Hotline/Help Line Yes Website
purpose of public education and outreach.
Oakislandnc.gov
II.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 No ---
and Outreach 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 No ---
of exposure.
Limited outreach program.
NCS000455_Oak Island MS4 Audit_20230717 Page 7 of 20
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Public Involvement and Participation
Staff Interviewed: Steve Edwards, Development Services Director
(Name,Title,Role) Rick Patterson,Stormwater Administrator
Permit Citation Program Requirement Status supposing
Doc No. I
II.C.2.a Volunteer
Community The permittee included and promoted volunteer opportunities designed to promote
No
Involvement ongoing citizen participation.
Program
Outside entity opportunities publish through the Town's media.
II.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
No public involvement program identified on the website.EAC.
II.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public
No ---
Hotline/Help Line involvement and participation.
No
f
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Illicit Discharge Detection and Elimination (IDDE)
Staff Interviewed: I Steve Edwards, Development Services Director
(Name,Title, Rick Patterson,Stormwater Administrator
Role)
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Permit Citation Program Requirement Status supporting
Doc No.
II.D.2.a
IDDE Program The permittee maintained a written IDDE Program. No ---
If yes,the written program includes provisions for program assessment and Not
evaluation and integrating program. Applicable
No written program.
The permittee maintained an IDDE ordinance or other regulatory mechanism(s)that
Yes ---
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
(Permit Port I.D]
Townwide.IDDE does not apply in ETJ.
II.D.2.c
The permittee maintained a current map showing major outfalls*and receiving
Storm Sewer partial 3
System Ma streams.
Y p
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Map is incomplete but includes partial SW infrastructure. No regular Town staff to maintain the map.
II.D.2.d The permittee maintained a program for conducting dry weather flow field
Dry Weather Flow No ---
observations in accordance with written procedures.
Program
No Dry Weather screening program.
II.D.2.e
The permittee maintained written procedures for conducting investigations of
Investigation identified illicit discharges. No ---
Procedures
No written program maintained.
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
No documented IDDE program.
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Illicit Discharge Detection and Elimination (IDDE)
II.D.2.e Employee
Trainin The permittee implemented and documented a training program for appropriate
g municipal staff who,as part of their normal job responsibilities, may come into No ---
contact with or otherwise observe an illicit discharge or illicit connection.
No training program documented.
II.D.2.h The permittee informed public employees of hazards associated with illegal
Public Education No
discharges and improper disposal of waste. ---
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The permittee informed businesses of hazards associated with illegal discharges and
No
improper disposal of waste.
The permittee informed the general public of hazards associated with illegal
No
discharges and improper disposal of waste.
Outreach does not include information on improper disposal of waste,or hazards.
II.D.2.i The permittee promoted, publicized,and facilitated a reporting mechanism for the
Public Reporting public to report illicit discharges. No
Mechanism
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The permittee promoted,publicized, and facilitated a reporting mechanism for staff
No ---
to report illicit discharges.
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The permittee established and implemented response procedures for citizen
No --
requests/reports.
There is no identified IDDE program on the website.
II.D.2.i 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
NCS000455_Oak Island MS4 Audit_20230717 Page 10 of 20

Post-Construction Site Runoff Controls i
Staff Interviewed: Steve Edwards, Development Services Director
(Name,Title, Role) Rick Patterson,Stormwater Administrator
Implementation (check all that apply): j
® 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): it
❑ Water Supply Watershed I(WS-1)—15A NCAC 2B.0212
❑ Water Supply Watershed 11 (WS-II)—15A NCAC 2B.0214
❑ Water Supply Watershed III (WS-III)—15A NCAC 2B.0215 j
❑ Water Supply Watershed IV(WS-IV)—15A NCAC 2B.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 j
❑ 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 oreo(s)not covered under the S.L.2006-246 deemed-compliant program.
Session Law 2006- program Requirement Status supporting
246 Dot No.
Deemed-Compliant The permittee implements deemed-compliant Program requirements in
Program(s) accordance with the applicable 15A NCAC rules. No ---
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Post-Construction Site Runoff Controls
The permittee implements deemed-compliant Program requirements throughout
the entire MS4 area(If not, also complete the Permit Citation section below.) No ---
The permittee applies deemed-compliant Program requirements to all federal,
state and local government projects within the permitted MS4 area who do not Not ---
Applicable
have their own NPDES stormwater permit.
The permittee included deemed-compliant Program reporting in their MS4 Annual
Not
Reports. Applicable
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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 5
Management Program.
If yes,the ordinance applies throughout the corporate limits of the permittee
(Verify permit coverage area listed in Part W of permit and modify Yes 5
accordingly).
The permittee has the authority to review designs and proposals for new
development and redevelopment to determine whether adequate stormwater Yes 5
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 ---
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 5
related to stormwater discharges.
Language in Ordinance should be updated(SA Waters.1.5"or 24 hour).
II.F.2.b
Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Partial 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
Partial 7
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 partial 7
performance standards.
If yes,the site plan reviews addressed how the project will ensure long-term
Partial 7
maintenance.
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Post-Construction Site Runoff Controls
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 No
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 No
requirements.
No inventory maintained.
II.F2.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 6
Covenants consistent with approved plans.
Deed restrictions.
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 7
Require Long-term
Operation and The operation and maintenance plan required the owner of each SCM to perform
Maintenance Yes 7
and maintain a record of annual inspections of each SCM.
Annual inspection of permitted structural SCMs are required to be performed by a !
qualified professional. Yes 7
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 No ---
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 SCMs
installed pursuant to the post-construction program(Verify this is o 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.
No
Training for Note:New materials maybe 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
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Post-Construction Site Runoff Controls
If yes,the tracking mechanism included the ability to identify chronic violators Not
for initiation of actions to reduce noncompliance. Applicable
II.F.3.b The permittee fully complies with post construction program requirements on its Not
New Development own publicly funded construction projects. Reviewed ---
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II.F3.c Does the MS4 have areas draining to Nutrient Sensitive Waters(NSW) pursuant to Not
Nutrient Sensitive 15A NCAC 02H .0150? Reviewed
Waters
If yes, does the permittee use SCMs that reduce nutrient loading in order to Not
meet local program requirements. Applicable i
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
Design Volume Partial
runoff at build out from all surfaces draining to the system.
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 Partial ---
streets,driveways,and other impervious surfaces.
Additional No regular inspections documented.
Comments: Exempt single family sites.
Plan triggers:Within 0.5 mile SA waters.Acre of disturbance.Sites that get LAMA major first.
State design manual used for plan reviews.
Changes in 2017 have not been incorporated into the program.
High density permits are being issued with no expiration date.
Permeable pavement not consistent with NCDEQ Regional Office
Due to the extent and nature of the Post Construction program deficiencies,it is likely that NCDEQ will
choose to audit on a more frequent basis until the Post Construction Program is brought up to NCDEQ
expectations and permit requirements.
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Pollution Prevention and Good Housekeeping for Municipal Operations
Staff Interviewed: Steve Edwards, Development Services Director
(Name,Title, Role) Rick Patterson,Stormwater Administrator
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.
No inventory made available at the time of the audit.
II.G.2.b The permittee maintained and implemented an 0&M program for municipally r
Operation and owned and operated facilities with the potential for generating polluted No ---
Maintenance(O&M) stormwater runoff.
for Facilities
If yes,the O&M program specifies the frequency of inspections. Not ---
Applicable
If yes,the O&M program specifies the frequency of routine maintenance Not
requirements. Applicable If yes,the permittee evaluated the 0&M program annually and updated it as Not
necessary. Applicable
No O&M plan at the time of the audit.
II.G.2.c
Spill Response The permittee had written spill response procedures for municipal operations. No ---
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 BMPs currently implemented for streets,roads,and public parking lots.
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.
Currently working on O&M plans.
II.G.2.¢ The permittee maintained a current inventory of municipally-owned or operated
Structural structural stormwater controls installed for compliance with the permittee's post- No ---
Stormwater Controls construction ordinance.
No inventory has been maintained.
NC5000455_Oak Island MS4 Audit_20230717 Page 15 of 20
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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 No ---
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. Applicable
The permittee documented inspections of all municipally-owned or maintained Not
structural stormwater controls. Applicable
The permittee inspected all municipally-owned or maintained structural Not _
stormwater controls in accordance with the schedule developed by permittee. Applicable
The permittee maintained all municipally-owned or maintained structural Not
stormwater controls in accordance with the schedule developed by permittee. Applicable
The permittee documented maintenance of all municipally-owned or Not
maintained structural stormwater controls. Applicable
II.G.2.i The permittee ensured municipal employees are properly trained in pesticide,
Pesticide,Herbicide herbicide and fertilizer application management. yes 9
and Fertilizer
Application The permittee ensured contractors are properly trained in pesticide, herbicide and
Management yes 9 I
fertilizer application management.
The permittee ensured all permits,certifications,and other measures for
Yes 9
applicators are followed.
Permittee ensures that applicators are licensed.
II.G.2.j The permittee implemented an employee training
program for employees involved yes 30
Staff Training in implementing pollution prevention and good housekeeping practices.
Occasional meetings are help between employees and supervisors to provide training on stormwater.
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 ves -
--
EquipmentCleaning cleaning.
Vehicle and equipment cleaning operations take place in a wash bay that discharges to 55.
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Site Visit Evaluation: Municipal Facility No. 1
Facility Name: Date of Site Visit:
Wastewater Treatment Plant July 18,2023
Facility Address: Facility Type(Vehicle Maintenance,Landscaping,etc.):
Fish Factory Road SE WWTP
Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(List date and name of inspector):
Rick Patterson None documented
Name(s)and Title(s)of Facility Representative(s)Present During the Site Visit:
Name Title
Kenny Von Voigt ORC
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?
No regular training documented.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
No regular training documented.
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 M54 inspector's process include reviewing the facility's SWPPP(or similar document)?
No.
Does the M54 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:
Waste discharge resulting from plant operations was discussed,as well as potential issues.Additionally,chemical storage
practices were discussed as area for improvement.
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)?
Not determined at the time of the inspection.
If compliance corrective actions were identified,what timeline for correction/follow-up was provided?
Not determined at the time of the inspection.
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Site Visit Evaluation: Municipal Facility No. 2 j
Facility Name: Date of Site Visit:
Municipal Ops Center July 18,2023
Facility Address: Facility Type(Vehicle Maintenance,Landscaping,etc.):
SE 48`h Street Public Works
Name of MS4 inspector(s)evaluated: Most Recent MS4 Inspection(Date and Entity):
Robert Miller None documented
Name(s)and Title(s)of Facility Representative(s)Present During the Site Visit:
Name Title
Lynn Vetter
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?
No regular training documented.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive?How often?
No regular training documented.
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 inspectors 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:
Chemical/pesticide storage and corrections were discussed on site.
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)?
Not determined at the time of the inspection.
If compliance corrective actions were identified,what timeline for correction/follow-up was provided?
Inspection program being developed.Inspection largely viewed as training opportunity for municipal staff.
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Site Visit Evaluation: MS4 Outfall No. 1
Outfall ID Number: Date of Site Visit:
Not specified. July 18,2023
Outfall Location: Outfall Description(Pipe Material/Diameter,Culvert,etc.):
5003 E Oak Island Drive RCP
Receiving Water: Is Flow Present?If So,Describe(Color,Approximate Flow Rate,
UT Sheen,Odor,Floatables/Debris,etc.):
Submerged
Most Recent Outfall Inspection/Screening(Date):
None
Days Since Last Rainfall: Inches:
Not evaluated N/A
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Name of MS4 Inspector(s)evaluated:
Rick Patterson
Observations
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive?How often?
No regular training documented.
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? If
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)?
No.
Will a follow-up outfall inspection be conducted?If so,for what reason?
Yes.Routine.
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Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1
Site Name: Date and Time of Site Visit:
Publix July 18,2023
Site Address: SCM Type:
5003 E Oak Island Drive Wet Pond
Most Recent MS4 Inspection(Include Date and Entity):
Not specified j
Name of MS4lnspector(s)evaluated: Most Recent MS4 Enforcement Activity(Include Date):
Rick Patterson None
Name(s)and Title(s)of Site Representative(s)Present During the Site Visit: i
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?
No regular training documented.
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,O&M
requirements,etc.)?
Yes.
Inspection Procedures
Does the M54 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 M54 inspectors 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
What, if any, enforcement actions(verbal warnings, NOV,etc.)did the inspection result in?
None.
NCS000455_Oak Island MS4 Audit_20230717 Page 20 of 20

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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 M54NAME 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 i
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

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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.
I
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NAME, Mayor NAME,Town Manager
NAME, Stormwater Program Administrator NAME,Town Clerk
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ADOPTED BY the City Council of the MS4NAME, North Carolina the_day of 2019 and
signed in authentication thereof the_day of 2019.