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HomeMy WebLinkAboutNCS000485_Self Audit_20231116 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 DRAFT PHASE II MS4 AUDIT TEMPLATE FOR PERMITS ISSUED PRIOR TO 2019 Edit yellow highlighted items to be specific to the MS4 being audited. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000485 Town of Nashville, North Carolina 499 South Barnes Street Nashville, NC, 27856 Audit Date: 11/15/2023 Report Date: 11/15/2023 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 Audit Date: 11-15-2023 i MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Audit Details Audit ID Number: Audit Date(s): NCS000485_Nashville MS4 Audit_20231115 11/15/2023 Minimum Control Measures Evaluated: ❑ Program Implementation, Documentation&Assessment ❑ Public Education&Outreach ❑X Public Involvement& Participation ❑ Illicit Discharge Detection& Elimination ❑X Construction Site Runoff Controls—No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls—Delegated Sediment and Erosion Control Program ❑X Post-Construction Site Runoff Controls ❑ Pollution Prevention and Good Housekeeping for Municipal Operations ❑X 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 Organization Walter Manning, Environmental Programs Superintendent Town of Nashville Audit Report Author: Date: November 15,2023 Signature_Walter Manning Audit Report Author: Date Signature Audit Date(s): 11-15-2023 Page 1 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Permittee Information MS4 Permittee Name: Permit Effective Date: Permit Expiration Date: Town of Nashville February 20,2017 February 19, 2022 Mailing Address:499 South Barnes Street,Nashville,NC Date of Last MS4 Inspection/Audit: 27856 July 19, 2023 Co-permittee(s),if applicable: N/A Permit Owner of Record: Primary MS4 Representatives Participating in Audit Name,Title Organization Walter Manning-Environmental Programs Town of Nashville Superintendent MS4 Receiving Waters Waterbody Classification Impairments N/A N/A Audit Date(s): 11-15-2023 Page 2 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Supporting Documents Item When Provided Number Document Title (Prior to/During/After) N/A N/f, N/A Audit Date(s): 11-15-2023 Page 3 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Public Involvement and Participation Staff Interviewed: Walter Manning (Name,Title, Role) Environmental Programs Superintendent Permit Citation Program Requirement Status SupportingDoc No. II.C.2.a Volunteer Community The permittee included and promoted volunteer opportunities designed to promote No --- Involvement ongoing citizen participation. Program Trash/Litter has been done in the past. 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 Moving forward,the Town of Nashville can hold a meeting and advertise it in the newspaper, Facebook,Town Website,and a flyer at the Town Hall front desk for public comment/input on stormwater issues. II.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public Yes --- Hotline/Help Line involvement and participation. The Town of Nashville has a stormwater hotline set up,call(252)459-4511 ext.228. We will be adding the"STOPMUD"hotline to the website also. Audit Date(s): 11-15-2023 Page 4 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Public Involvement and Participation Additional N/A Comments: Audit Date(s): 11-15-2023 Page 5 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Construction Site Runoff Controls Staff Interviewed: Walter Manning (Name,Title, Role) Environmental Programs Superintendent Program Delegation Status: ❑ The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act(SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). ❑x The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act(SPCA) of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status Supporting Doc No. II.E.3 Construction Site Runoff Controls The permittee provides and promotes a means for the public to notify the (NPDES Permit No. appropriate authorities of observed erosion and sedimentation problems(e.g., No NCS000435] promoting the existence of the DEQ DEMLR"Stop Mud" hotline). The Town of Nashville can report stormwater related issues to (252)459-4511 ext. 228. Still need to add "STOPMUD" hotline to website. SPCA Citation Delegated Program Requirement Status Supporting Doc No. § 113A-60 Local erosion and The permittee has adopted an ordinance or other regulatory mechanism to enforce No sedimentation the erosion and sedimentation control program. control programs(a) If yes,the ordinance meets or exceeds the minimum requirements of the Not SPCA. Applicable If yes,the ordinance applies throughout the corporate limits of the permittee. Not [Permit Part I.D] Applicable Currently working to develop SWMP and Ordinance and all of its components. § 113A-60 Local erosion and The permittee collects a fee paid by each person who submits an erosion and No sedimentation sedimentation control plan. control programs(d) Audit Date(s): 11-15-2023 Page 6 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Construction Site Runoff Controls Currently developing a fee schedule to be proposed. § 113A-60 Local Has any person initiated a land-disturbing activity(within the permittee's erosion and jurisdiction)for which an erosion and sedimentation control plan is required in the No --- sedimentation absence of an approved plan? control programs(e) If yes,the permittee has notified the North Carolina Sedimentation Control Not Commission of all such cases. Applicable --- Has the permittee determined that a person engaged in a land-disturbing activity No --- has failed to comply with an approved erosion and sedimentation control plan? If yes, has the permittee referred any such matters to the North Carolina Not Sedimentation Control Commission for inspection and enforcement? Applicable --- Currently working to develop SWMP and Ordinance and all of its components. § 113A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to approval of erosion them and notifies the person submitting the plan that it has been approved, No and sedimentation approved with modification,or disapproved within 30 days of receipt. control plans The permittee only approves an erosion and sedimentation control plan upon Not determining that it complies with all applicable State and local regulations. Applicable The permittee has disapproved of an erosion and sedimentation control plan in No --- order to protect riparian buffers along surface waters. If yes,the permittee notified the Director of the Division of Energy, Not Mineral, and Land Resources within 10 days of the disapproval. Applicable Currently working to develop SWMP and Ordinance and all of its components. § 113A-61.1 Inspection of land- The certificate of approval of each erosion and sedimentation control plan No --- disturbing activity; approved by the permittee includes a notice of the right to inspect. notice of violation (a) The permittee provides for inspection of land-disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an No erosion and sedimentation control plan are effective. Currently working to develop SWMP and Ordinance and all of its components. Audit Date(s): 11-15-2023 Page 7 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Construction Site Runoff Controls §113A-61.1 When the permittee determines that a person engaged in land-disturbing activity Inspection of land- has failed to comply with the SPCA,the Permittee immediately issues a notice of No disturbing activity, violation upon that person. notice of violation Each notice of violation issued by the permittee specifies the date by which the (c) person must comply. No Each notice of violation issued by the permittee informs the person of the actions No --- that need to be taken to comply. Currently working to develop SWMP and Ordinance and all of its components. § 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation No --- program? Currently working to develop SWMP and Ordinance and all of its components. Audit Date(s): 11-15-2023 Page 8 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Post-Construction Site Runoff Controls Staff Interviewed: Walter Manning (Name,Title, Role) Environmental Programs Superintendent Audit Date(s): 11-15-2023 Page 9 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Post-Construction Site Runoff Controls 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: name of entity ❑ 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 213.0212 ❑ Water Supply Watershed 11 (WS-11)—15A NCAC 213.0214 ❑ Water Supply Watershed III (WS-III)—15A NCAC 213.0215 ❑ 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. Session Law 2006- Supporting 246 Program Requirement Status Doc No. Audit Date(s): 11-15-2023 Page 10 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Post-Construction Site Runoff Controls 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 Applicable have their own NPDES stormwater permit. 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 N/A 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 No --- 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 Not Applicable accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes --- 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 --- related to stormwater discharges. Currently working to develop SWMP and Ordinance and all of its components. II.F.2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. No --- Measures(SCMs) SCMs comply with 15A NCAC 02H .1000. Not Applicable Audit Date(s): 11-15-2023 Page 11 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Post-Construction Site Runoff Controls Currently working to develop SWMP and Ordinance and all of its components. 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 No --- performance standards. If yes,the site plan reviews addressed how the project will ensure long-term No --- maintenance. Currently working to develop SWMP and Ordinance and all of its components. 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 Not --- Applicable requirements. Currently working to develop SWMP and Ordinance and all of its components. II.F.2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions protective covenants that ensure development activities will maintain the project No and Protective consistent with approved plans. Covenants Currently working to develop SWMP and Ordinance and all of its components. II.F.2.f The permittee implemented or required an operation and maintenance plan for Mechanism to No the long-term operation of the SCMs required by the program. Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perform No Maintenance 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. Currently working to develop SWMP and Ordinance and all of its components. Audit Date(s): 11-15-2023 Page 12 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Post-Construction Site Runoff Controls 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 Yes 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 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 Certificate of Occupancy or Temporary Certificate of Occupancy is currently done by Nash County Building Inspectors. Currently working to develop SWMP and Ordinance and all of its components. 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 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. Currently working to develop SWMP and Ordinance and all of its components. II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement No --- actions. If yes,the tracking mechanism included the ability to identify chronic violators Not for initiation of actions to reduce noncompliance. Applicable --- Currently working to develop SWMP and Ordinance and all of its components. II.F.3.b The permittee fully complies with post construction program requirements on its New Development No --- own publicly funded construction projects. Currently working to develop SWMP and Ordinance and all of its components. Audit Date(s): 11-15-2023 Page 13 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Post-Construction Site Runoff Controls II.F.3.c Does the MS4 have areas draining to Nutrient Sensitive Waters(NSW) pursuant to Nutrient Sensitive 15A NCAC 02H .0150? Yes Waters If yes,does the permittee use SCMs that reduce nutrient loading in order to Yes --- meet local program requirements. If yes,does the permittee also still incorporate the stormwater controls No --- required for the project's density level. If yes,does the permittee also require documentation where it is not feasible to Not use SCMs that reduce nutrient loading. Applicable --- SCM's that reduce nutrient loading are leaf collection and street sweeping. Currently working to develop SWMP and Ordinance and all of its components. II.F.3.d The permittee ensured that the design volumes of SCMs take into account the Design Volume No --- 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 No streets,driveways,and other impervious surfaces. Currently working to develop SWMP and Ordinance and all of its components. Audit Date(s): 11-15-2023 Page 14 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Total Maximum Daily Loads (TMDLs) Staff Interviewed: Walter Manning (Name,Title, Role) Environmental Programs Superintendent Program Status: ❑X The permittee is not subject to an approved TMDL(skip the rest of this section). ❑ The permittee is subject to an approved TMDL for: name of parameter(s)and date(s)approved There ❑ is ❑X is not a Waste Load Allocation (WLA) in the approved TMDL(If there is a WLA, then complete items II.H.1-5 below. If there is not a WLA, skip to item H.H.6 below) Permit Citation Program Requirement Status Supporting Doc No. II.H.3 TMDLs Within 12 months of final TMDL approval,the permittee's annual reports included a description of existing programs,controls partnerships, projects and strategies to Not p g p g p p ' p g Applicable address impaired waters. Within 12 months of final TMDL approval,the permittee's annual reports provided a brief explanation as to how the programs,controls, partnerships, projects and Not Applicable strategies address impaired waters. N/A II.H.4 TMDLs Within 24 months of final TMDL approval,the permittee's annual reports included an assessment of whether additional structural and/or non-structural BM NotPs are Applicable necessary to address impaired waters. Within 24 months of final TMDL approval,the permittee's annual reports included a brief explanation as to how the programs,controls, partnerships, projects and Not Applicable strategies address impaired waters. N/A II.H.5 TMDLs Within 36 months of final TMDL approval,the permittee's annual reports included a description of activities expected to occur and when activities are expected to Not Applicable occur. Audit Date(s): 11-15-2023 Page 15 of 16 MS4 Permit Audit Report Nashville, NC: NPDES Permit No. NCS000485 Total Maximum Daily Loads (TMDLs) N/A II.H.6 TMDLs If there is no Waste Load Allocation in the approved TMDL,the permittee evaluated strategies and tailored and/or expanded BMPs within the scope of the No six minimum measures to enhance water quality recovery strategies in the watershed(s)to which the TMDL applies. The permittee described strategies and tailored and/or expanded BMPs in their No Stormwater Management Plan and annual reports Currently working to develop SWMP and Ordinance and all of its components. Audit Date(s): 11-15-2023 Page 16 of 16