WSMU_BERM ProgramReviewAudit report signed_20240228

COMPLIANCE AUDIT/PROGRAM REVIEW REPORT
FOR
Bermuda Run
WATER SUPPLY WATERSHED PROTECTION PROGRAM
ID NO. WSMU-BERM
Bermuda Run, NORTH CAROLINA
120 Kinderton Boulevard, Suite 100
Bermuda Run, NC 27006
Audit Date: October 25, 2023
Report Date: February 28, 2024
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
TABLE OF CONTENTS
Audit/Program Review Details......................................................................................................................1
PermitteeInformation ..................................................................................................................................2
SupportingDocuments..................................................................................................................................3
Program Implementation, Documentation &Assessment....................................................................... 3-6
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.
Audit/Program Review Date: October 25, 2023 ii

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Audit/Program Review Details
ID Number: Date:
WSMU—BERM October 25,2023
Minimum Control Measures Evaluated:
❑x 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:Choose an item.
❑ MS4 Outfalls. Number visited:Choose a,n ?tern.
❑ Construction Sites. Number visited:Choose airs itern.
❑ Post-Construction Stormwater Runoff Controls. Number visited:Choose an item.
❑ Other: Number visited:Choose are item,
.
❑ Other: Number visited:Choose are item,
Inspector(s)Conducting Audit
Name,Title Organization
Paul Clark NCDEQ-DEMLR
Audit Report Author: Date:
Signature i° G/j - aY
Audit Report Author: Date:
Signature
Audit Report Author: Date
Signature
Audit/Program Review Date(s): October 25, 2023 Page 1 of 7

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Local Government Information
Name: Bermuda Run (BR) Program Effective Date: Recent Ordinance Date:
May 1, 2005(survey) June 2023
City,State,ZIP: Date of Last Inspection/Audit:
Bermuda Run, NC 27006 NA
Administering program for other local government(s),if applicable:
20210427 Davie County(DC)/BR agreement-DC provides planning(and other)services for BR.
Primary MS4 Representatives Participating in Audit
Name,Title Organization
Andrew Meadwell Bermuda Run,Town Manager(former Davie Co Planning and Development
Services Director)
Brian Williams Bermuda Run,Town Attorney
Johnny Easter(has been involved in follow-
Davie County, Planning and Development Services Director
up discussions)
Watersheds
Waterbody Classification,Index No Impairments
Audit/Program Review Date(s): October 25, 2023 Page 2 of 7

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Supporting Documents
Item
Number
Davie County, NC Code of Ordinances-Title XV: Land Usage, Chapter 151: Watershed
1 Protection(10/18/1999) Prior
https://codelibrary.amlega1.com/codes/daviecou my/latest/davieco_nc/0-0-0-4313
https://www.daviecou ntync.gov/DocumentCenter/View/128/watershed-protection-PDF
Town of Bermuda Run Zoning Ordinance
2 https://www.townofbr.com/wp-content/uploads/2022/03/Zoning- Prior
Ordinance-20220208.pdf
3 20210427-Interlocal Agreement Between Davie County and Town of Bermuda Run Prior
4 20050606 Davie Co Bermuda Run 1070 transfer request resolution Prior
5 20231023 Bermuda Run Watershed Overlay Map During
5 19931220 Davie Co Board of Commissioners Minutes After
6 19960805 Davie Co Board of Commissioners Minutes After
7 19971006 Davie Co Board of Commissioners Minutes After
8 19971021 Davie Co Board of Commissioners Minutes After
9 19980120 Davie Co Board of Commissioners Minutes After
10 19981019 Davie Co Board of Commissioners Minutes After
11 20001016 Davie Co Board of Commissioners Minutes After
12 20010416 Davie Co Board of Commissioners Minutes After
13 20050606 Davie Co Board of Commissioners Minutes After
14 20240214 Meeting notes After
Program Implementation, Documentation & Assessment
Staff Andrew Meadwell, Bermuda Run,Town Manager
Interviewed: Brian Williams, Bermuda Run,Town Attorney
(Na me,Title,Role) Johnny Easter, Davie County, Planning and Development Services(P&DS) Director—started July 2022
Topic Program Requirement Status supportin
g Doc No.
Staffing and LG maintained adequate funding and staffing to implement and manage and meet
Funding all requirements of WSWP program. Yes
LG has specific position(s) responsible for the overall coordination,
Yes
implementation,and revision of the program.
Responsibilities for all components of the WSWP program are documented and
Partial (a)
position(s)assignments provided.
Audit/Program Review Date(s): October 25, 2023 Page 3 of 7

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Program Implementation, Documentation &'Assessment
20210427 Davie County(DC)/Bermuda Run(BR)agreement-DC provides planning and zoning administrative services for BR,
but BR handles 1070 applications/requests. DC has P&DS supervisor(Johnny Easter)and two staff. The positions who
implement the Water Supply Watershed Protection (WSWP) program have other responsibilities as well. DC funds these
positions. For BR,Andrew Meadwell has been handling 1070 applications/requests with some assistance from other
municipal staff. DC and BR will revise/update the 4/27/2021 Interlocal agreement,so that it more accurately describes
division of administration and zoning responsibilities between DC and BR. BR will be the responsible entity for the BR WSWP
program. BR will contract with DC who will provide planning and zoning administrative services for BR.
(a)Job descriptions provide some information on responsibilities associated with implementing WSWP program, but DEQ
recommends developing some type of SOP document to better identify and explain responsibilities.
Program LG evaluated the performance and effectiveness of the program components at
Implementation least annually. Yes
and Evaluation
If yes,the permittee used evaluation results to modify program components
Yes
as necessary to accomplish the intent of the WSWP Program.
DC and BR used DEQ program review as most recent program evaluation and will use results to improve program.
Keeping WSWP LG kept the WSWP ordinance up to date. No
Ordinance Up to
Date LG sought approval for any updates to the WSWP Ordinance. Not
Applicable
Bermuda Run Ordinance revision approval date=June 2023
BR Ordinance needs to be revised/updated. Please see notes at end of this section.
WSWP Ordinance LG kept an up-to-date version of its WSWP Ordinance available to the Division and
Partial
Availability the public online.
Online materials included ordinances, or other regulatory mechanisms,or a list
identifying ordinances, or other regulatory mechanisms, providing the legal No
authority necessary to implement and enforce the requirements of the program.
Since October 2023, BR has put most recent ordinance(June 2023)online: https://www.townofbr.com/wp-
content/uploads/2022/03/Zoning-Ord inance_20220208.pdf
Survey and Did LG complete survey? Yes ---
Uploads
Did LG upload ordinance and/or watershed map(s)? Partial ---
BR completed survey and uploaded most recent ordinance, but not watershed map.
Sharing Is program partially or fully implemented by an entity other than the permittee? Yes ---
Responsibility
If yes, is there a written agreement in place? Yes ---
20210427 Davie County(DC)/Bermuda Run(BR) agreement-DC provides planning and zoning administrative services for BR,
but BR handles 1070 applications/requests. DC has P&DS supervisor(Johnny Easter)and two staff. The positions who
implement the Water Supply Watershed Protection (WSWP) program have other responsibilities as well. DC funds these
positions. For BR,Andrew Meadwell has been handling 1070 applications/requests with some assistance from other
municipal staff. DC and BR will revise/update the 4/27/2021 Interlocal agreement,so that it more accurately describes
division of administration and zoning responsibilities between DC and BR. BR will be the responsible entity for the BR WSWP
program. BR will contract with DC who will provide planning and zoning administrative services for BR.
LG maintained written procedures(i.e.,SOPs)for implementing WSWP program. Partial (a)
Audit/Program Review Date(s): October 25, 2023 Page 4 of 7

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Program Implementation, Documentation & Assessment
Written Written procedures identified specific action steps,schedules, resources and
Partial (a)
Procedures
responsibilities for implementing WSWP program.
(a)Job descriptions provide some information on responsibilities associated with implementing WSWP program, but DEQ
recommends developing additional documentation.
Program LG maintained documentation of all program components including, but not
Documentation limited to, inspections, maintenance activities, educational programs, Partial (a)
implementation of BMPs, enforcement actions etc., on file for period of five years.
(a)Job descriptions provide some information on responsibilities associated with implementing WSWP program, but DEQ
recommends developing additional documentation.
Audit/Program Review Date(s): October 25, 2023 Page 5 of 7

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Davie County(DC)administers majority of the Bermuda Run (BR)WSWP program,so please see DC program review/audit
report which includes a thorough explanation of the process DC follows in processing applications and implementing the
program.
The following history provides some explanation as to why there was some confusion with the roles of DC and BR in
implementing the WSWP program.
1999-Bermuda Run(BR) becomes incorporated municipality.
2005—BR adopts planning and zoning ordinances and begins implementing WSWP program.
2005—2008-BR implements WSWP program, but DC provides some assistance
2009—2019—BR contracts with Benchmark to do planning and zoning administrative services
2019—present—BR agreement with DC to do planning and zoning administrative services
As noted earlier, 20210427 Davie County(DC)/Bermuda Run (BR)agreement-DC provides planning and zoning administrative
services for BR, but BR handles 1070 applications/requests. DC and BR will revise/update the 4/27/2021 Interlocal agreement,
so that it more accurately describes division of administration and zoning responsibilities between DC and BR. BR will be the
responsible entity for the BR WSWP program. BR will contract with DC who will provide planning and zoning administrative
services for BR. BR will provide this updated/revised and approved agreement to NCDEQ.
BR Zoning Ordinance—Chapter 10-WS—IV PA used to implement WSWP program was reviewed. Ordinance should be
revised as follows:
1. Add definitions section
2. Add density averaging section
3. Remove paragraph that states density averaging can only be used with 10/70
4. Replace NCDENR with NCDEQ
5. Correct regulatory citations.
6. Put most recent ordinance on website.
7. Section 10.1 © (5) Required Pervious areas-mentions offsite(not allowed per 15A NCAC 02B.0624)
The program review/audit indicated BR is accurately tracking 10/70 allocations, but there was uncertainty associated with the
Yadkin River(aka Winston Salem Lower)water supply watershed protection watershed acreages in both Davie County and
Bermuda Run.
When DC WSWP program was developed in early 1990s, measurements taken from the map developed at that time indicated
that the portion of Yadkin River(aka Winston Salem Lower)water supply watershed protection watershed in Davie County
was equal to 7229 acres. Later reexamination of topographical maps revealed that some waters drained to different
watersheds than originally determined. Improved Geographical Information System (GIS)capabilities also resulted in a
different Yadkin River(aka Winston Salem Lower)water supply watershed protection watershed boundary. This boundary
change resulted in a revised Yadkin River(aka Winston Salem Lower)water supply watershed protection acreage in Davie
County equal to 6330 acres. The new value results from improved topographical map interpretation and GIS capabilities.
The following tables summarize water supply watershed protection watershed acreages and 10/70 allocations:
Acreage Cumulative Action
Davie Co(Total) 6330 6330 Original
Davie Co(after BR incorporates) 2149 4181 BR 2149 acreage subtracted from DC acreage
Davie Co(10 percent) 418.1 418.1
Bermuda Run (Total) 2149 2149
Bermuda Run (10 percent) 214.9 214.9
Audit/Program Review Date(s): October 25, 2023 Page 6 of 7

WSWP Program Audit/Program Review Report
Bermuda Run, NC: WSWP ID WSMU BERM
Program Implementation, Documentation &Assessment
Davie County 10/70 Acreage Documentation
Action Action Cumulative Action
Beginning 418.1 418.1
20050606 300 118.1 DC transfers 300 10/70 acres to BR
Bermuda Run 10/70 Acreage Documentation(Using BR GIS values)
Action Acreage Cumulative Action
Beginning 214.9 214.9
1998-2005 188.5 26.4 Allocations made by Davie co, but within Bermuda Run
boundaries before it incorporated
20050606 300 326.4 DC transfers 300 10/70 acres to BR
After the water supply watershed protection acreages were corrected/updated/revised,the 10/70 original allocations
determined, project allocations subtracted and any transfers included,the remaining 10/70 allocations follow:
Davie County: 118.1 acres
Bermuda Run: 326.4 acres
DC administers post construction component of WSWP program for BR. BR administering the 10/70 component of the
WSWP does not involve post construction. Please refer to the Davie County WSWP program review/audit report for more
information on this component.
Audit/Program Review Date(s): October 25, 2023 Page 7 of 7