WSWP NPDES MS4 USMP Annual Report_20240730-1

September 11, 2024 MEMORANDUM
To: Environmental Management Commission - Water Quality Committee
From: Toby Vinson, Interim Director, Division of Energy, Mineral, and Land Resources
Subject: July 1, 2023 through June 30, 2024 Annual Report on Water Supply Watershed Protection, Universal Stormwater Management, and NPDES MS4 Programs
At their July 12, 2007 meeting, the Environmental Management Commission (EMC) delegated authority to the Division of Water Quality (now called Division of Water Resources (DWR)) to approve local government ordinances under the Water Supply Watershed Protection (WSWP) and Universal Stormwater Management Program (USMP) Rules. The EMC also delegated authority to DWR to approve local government Phase II post-construction delegations under the provisions of Section 10 – Delegation of Session Law 2006-246. At their November 13, 2008 meeting, the EMC delegated authority to DWR to pursue enforcement of the WSWP Rules. As of August 1, 2013, this authority was transferred to the Division of Energy, Mineral, and Land Resources (DEMLR).
The EMC instructed the Director to provide the Water Quality Committee with periodic updates of approvals and enforcement actions. This report provides a summary of program related approvals, Phase II delegations granted, and compliance activities conducted between July 1, 2023 through June 30, 2024. For the benefit of new Committee members, this report also includes some additional information on the various programs addressed.
No presentation on this report is planned for the Water Quality Committee meeting; however, staff will be available to answer questions.
Water Supply Watershed Protection (WSWP) Program
The Water Supply Watershed Protection Rules, as adopted in 1992, revised and approved in 1995, and revised and approved again in 2019, require that all local governments having land-use jurisdiction within water supply watersheds adopt and implement water supply watershed protection programs. North Carolina currently has 229 watersheds classified as Water Supply Watersheds and 295 local government Water Supply Watershed programs. Of these local government programs, there are 82 Counties, 212 Municipalities, and 1 Airport Authority. Two local governments are in the process of ending their programs.
Local government programs must include an ordinance that meets the state’s minimum requirements and a watershed map. Revisions to these ordinances and maps must be approved by the EMC or its designee. Below is a summary of the ordinance and map approvals for this reporting period.
Water Supply Ordinance and Map Approvals
9/25/2023 – Durham County, City of Durham - DEMLR Stormwater Program approved Unified Development Ordinance – amendments to Articles 4, 8, and 12 and change to water supply watershed protection map.
10/19/2023 – City of Belmont – DEMLR Stormwater Program approved revisions to the Lake Wylie (WS-IV PA) water supply watershed protection boundary.
10/30/2023 – Ashe County – DEMLR Stormwater Program approved latest version of water supply watershed protection ordinance (Chapter 155: Watershed Protection) and map.

4/25/2024 – City of Smithfield – DEMLR Stormwater Program approved Water Supply Watershed Protection Overlay section of the Unified Development Ordinance (Article 10, Sect 10.92).
6/10/2024 – Orange County -DEMLR Stormwater Program approved water supply watershed protection boundary change request.
6/17/2024 – Mecklenburg County/City of Charlotte – DEMLR Stormwater Program approved Charlotte UDO – Article 23. Main change to ordinance and format was conversion of some text to a different format as well as all of
the variance, appeal, and enforcement language being include in Article 27 and 39 instead of in Water Supply section.
Water Supply Compliance, Enforcement and Other Activities
NCDEQ developed and sent an online survey to the local WSWP programs in March and December of 2020, March of 2021, June of 2023 and May of 2024. The survey data provide an overview of each of the responding local government’s program and enables the local governments to upload the most current stormwater ordinances and watershed maps. The results of the survey are being used to educate the state and local governments, especially those
programs that may need greater technical assistance, on aspects such as program components and ordinance language. As of June 2024, 67% of the counties and 42% of the municipalities or 49% of all local governments have responded to the survey. Of those local governments who have responded to the survey, most appear to be adequately implementing their programs. Those local governments who have had no contact with the state regarding the water
supply watershed protection program will be prioritized for audit/program reviews.
No enforcement actions occurred during this reporting period. Staff continue to perform compliance activities in
addition to maintaining a core focus on customer service and technical assistance. The following program review/audits were conducted:
On September 8, 2023, the state audited the Davie County Water Supply Watershed Protection program and completed and submitted the report on September 22, 2023. On October 25, 2023, the state audited Bermuda Run Water Supply
Watershed Protection program and completed and submitted the report on February 28, 2024.
Water Supply Assistance to Local Governments
Water Supply Watershed Protection Map
The most recent water supply watersheds have not yet been added to the following map, but stormwater is currently working with CGIA to update the Post Construction Stormwater Permitting map. This work involves ensuring other maps that contribute to Post Construction map (such as water supply watershed protection) are accurate. Completion
of the Post Construction Stormwater Permitting map update will result in other maps being updated as well. Information about the Water Supply Watershed Protection Program, including a list of subject local governments and
an interactive map can be found at:
https://www.deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-program/water-supply-watershed-program

Universal Stormwater Management Program
The Universal Stormwater Management Program (USMP) is an alternative program that allows local governments to adopt and administer a single set of post-construction stormwater requirements that satisfies the mandates for a variety of different stormwater programs. The USMP was designed to be simpler and easier to implement while still being protective of the natural environment.
There were no new USMP adoptions during this reporting period. The following communities are currently
administering a USMP ordinance.
1. Kure Beach (Brunswick County)
2. Town of Emerald Isle (Carteret County)
3. City of Archdale (Guilford/Randolph Counties)
4. Town of Butner (Granville County)
5. City of Monroe (Union County)
6. City of Trinity (Randolph County) – in the process of revising ordinances, so that Trinity will no longer implement USMP when these revisions are complete, approved and implemented.
7. Camp Lejeune (USDOD)

NPDES MS4 Permitting Program
The National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permitting Program is a Federal Clean Water Act program that is delegated to DEQ for implementation. Implementation components include permitting, compliance inspections and enforcement in accordance with 40 CFR 122 and EPA guidelines, as well as providing technical assistance and managing program development. North Carolina also maintains state requirements for NPDES MS4 Permitting Program implementation in 15A NCAC 02H
.0150-.0153.
The MS4 Permitting Program (MS4 Program) requires NPDES-permitted municipalities to implement a comprehensive stormwater management program composed of six minimum control measures:
1. Public Education and Outreach,
2. Public Participation and Involvement,
3. Construction Site Runoff Control,
4. Post-Construction Stormwater Management,
5. Elimination of Illicit Discharges, and
6. Pollution Control and Good Housekeeping.
Designation into the NPDES Phase II MS4 Stormwater Program is based upon decennial U.S. Census data and 15A NCAC 02H .0151. Federal designation criteria are based upon population. Federal designation criteria are based upon population via location within a census designated Urbanized Area. State designation criteria are based on population
density, housing units, growth rate, and adverse impacts on water quality. Current MS4 permittees are based upon the 2000 and 2010 census data. New designations will be evaluated once the 2020 US Census data is available. The U.S. Census Bureau revised the definition of census designated Urbanized Areas in March of 2022, thus delaying federal and state designations of potential MS4 permittees based upon the 2020 census data. North Carolina currently has 121 permittees in the MS4 Program. The permittees include 6 large Phase I municipalities (populations greater than 100,000), 105 Phase II municipalities, 4 military bases, and 6 non-traditional MS4s (NCDOT, NCSU, UNC-CH, etc.). During this reporting period, 25 permits were renewed and 7 permittees were audited for permit compliance. Of the 7 compliance audits, 1 was issued a Notice of Compliance, 2 were issued a Notice of Deficiency, and 4 were issued a Notice of Violation. The 23/24 FY was largely a program re-structuring year, which included working regularly with USEPA to re-write permit language and make initial steps in the next permit designation step. Additionally, re-structuring NCDEQ’s MS4 webpage to better facilitate report submission and interaction with the permittees throughout the State.