NCS000397_Newton Draft SWMP Comments_20191008

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
City of Newton
Attn: Randy Williams, Planning Director
401 North Main Avenue
Newton, NC 29658
NORTH CAROLINA
Environmental Quality
October 8, 2019
Subject: Comments on Draft SWMP (NOV-2019-PC-0282)
City of Newton
NPDES MS4 Permit No. NCS000397
Catawba County
Dear Mr. Williams:
On December 11, 2018, the Environmental Protection Agency (EPA) audited the City of Newton (city)
for compliance with the subject permit. As a result, the North Carolina Department of Environmental
Quality (DEQ) issued a Notice of Violation (NOV) on April 24, 2019. The NOV defined specific
document submittals and deadlines, which have been provided in a timely manner by the city, including:
• City Council resolution demonstrating support for a compliant program,
• Self -audit of permit components not audited by EPA, and
• Draft Stormwater Management Plan (SWMP).
DEQ received the required Draft Stormwater Management Plan (SWMP) submittal for NOV-2019-PC-
0282 on August 22, 2019. Staff have reviewed the Draft SWAP submittal and request that the
following comments be addressed in a Second Draft SWMP submittal, to be provided to DEQ
within thirty (30) calendar days. I have attached the submitted Draft SWAP document and
associated Draft Permit Template for reference.
Specific Comments
1. Table 1: Please confirm that 95% of the MS4 area is currently mapped with zero major outfalls
mapped.
2. Section 3.8, last paragraph: Please revise to "See BM? No. 5 and 7".
3. Section 4.3, Table 9: Include Catawba County for construction site runoff control and ensure that
the county has the legal authority to implement and enforce the program within Newton's
jurisdictional area and also provide specific reporting for activities within the City of Newton. If
legal authority must be established, then include appropriate BMP(s).
4. Table 11, BMP 3.B.4: "Implement funding plan" implies that a plan will be developed.
Specifically denote where in the sequence funding plan development occurs and describe what it
will include.
Please note that it could potentially take some time to establish the selected funding mechanism.
For example, if the MS4 selects a stormwater utility, then setting up the utility and generating
na+m rrao�DFQNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
j 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707.9200

revenue to fund the program may not be fully achievable in Year 2. This scenario should be
considered, as well as the impact that funding (or the lack thereof) may have on the ability of the
MS4 to implement specific program commitments provided in the SWMP.
5. Table 13, BMP 4: Specifically include the establishment of a legal agreement with the WPCOG
as a measurable goal.
6. Table 13, BMP 4: Because there are no details or specific commitments provided on what the
WPCOG partnership will deliver to address residential, commercial and school audiences /
pollutants of concern, please include a measurable goal to submit a plan for approval. Please note
that the approved plan will be considered as an amendment to the SWMP and will become an
enforceable component of the permit.
7. Table 13, BMP 7: Include information on what social media accounts will be utilized, whether
they are existing (if not, add a measurable goal to establish the account(s)), and the intended
audiences reached by these accounts.
8. Table 13, BMP 8: Update BMP reference numbers for B.1, C.1, and D.1 as 35, 18 and 18,
respectively.
9. Table 13, BMP 9.13.3: Please move this measurable goal under BMP 10 Stormwater Hotline.
10. Table 13, BMP 10.B.1, C.1. and D.1: Either create two measurable goals — one to establish the
hotline and one to maintain it; or revise to "Establish and maintain hotline...", "Permit year 3-5",
and "...date hotline is established in Year 3." Also add an annual reporting metric for hotline
maintained Years 4-5 (Y/N).
11. Table 14, BMP 14.C.2: Add "Annually Permit Years 2-5".
12. Table 14, BMP 14.D.2: Include the amount of trash collected or other item as a reportable metric
to assist in evaluating whether the identified areas were good choices or if changes need to be
made.
13. Table 15, BMP 16: Identify the mechanism for completing the MS4 map (field observation,
mapping grade survey, stream walks, etc.), note GIS as the type of map, and include the number
of mapped major outfalls as annual reporting metrics (outfalls mapped during the reporting year
and the cumulative number of outfalls mapped to date).
Also, please note that the permit requires 100% mapping by the end of the five year permit term,
so it may be prudent to consider committing to map 33% each year in Years 3-5.
14. Table 15, BMP N.D.1: Include both the number of new outfalls mapped during the reporting
year and the cumulative number of new outfalls mapped to date as reporting metrics.
15. Table 15, BMP 18: This BMP corresponds to permit reference 3.7.4 and should be located under
BMP 46.
16. Table 15, BMP 18.D.1: Include both the number and type of SCMs mapped during the reporting
year and the cumulative number and type of SCMs mapped to date as reporting metrics.
17. Table 15, BMP 20.13.1: Clarify if all staff or just inspections staff will be trained. Add "...outfall
inspections and illicit discharge investigations..."
18. Table 15, BMP 21: Provide two measurable goals; (1) Maintain the existing written IDDE
Program, Continuously Years 1-5, and (2) Update the IDDE Program to include a standard
operating procedure... Year 1.
19. Table 15, BMP 22.B.2: Add "... chronic violators, issues and/or..."
20. Table 15, BMP 22.13: Annually report the quantity of potential illicit discharges found, verified
illicit discharges, resolved/removed discharges and enforcement actions taken.

21. Table 15, BMP 23.A: Add "...chronic violators and recurrin issues".
22. Table 15, BMP 24: Revise reference "...BMP No. 20 21 SOPs... ", and expand B.2 to include
training for all field staff who could potentially find an illicit discharge during their routine work
activities, not just IDDE staff.
23. Table 15, BMP 25.A: Revise "...common areas and to serve as...
24. Part 8: Section 314(a) of the referenced county code of ordinances limits county authority to
implement the program as:
Geographical scope of regulated land -disturbing activity. This chapter shall
apply to land -disturbing activity within the territorial jurisdiction of the county
and to the extraterritorial jurisdiction of the county as allowed by agreement
between local governments, the extent of annexation or other appropriate legal
instrument or law.
Please provide the appropriate local government agreement or include BMPs to develop one. See
also Comment 3 above.
25. Table 19: The City of Newton Land Development Design Standards (adopted 10/18/2011)
specifically states, "The City shall review and approve all plans prior to submittal to any other
reviewing agency (State, Federal or Utility)." Please provide either a reference for the
requirement or specific BMPs to establish the requirement for Federal, State and local
government projects to comply with post -construction program requirements throughout the MS4
permitted area, unless the entity is subject to its own NPDES MS4 permit or qualifying
alternative program.
26. Table 19: Provide the link to the stormwater design manual referenced in the city Code of
Ordinances, Section 87-8.
27. Table 20, BMP 33.D.2: Revise "...0&M Plans reeeived approved."
28. Table 20, BMP 34.B.2: Clarify the low density inspection commitment and what year
inspections will commence in. The permit requirement is to inspect each low density project
once per permit term. However, the commitment to develop an inventory during permit Years I
and 2, and issue an FYI letter in Year 3 would imply that inspections won't begin until Year 3,
which coincides with funding becoming available for staff resources. A commitment to inspect
20% each year so that all are inspected once every five years would meet the intent of the permit
requirement.
29. Table 20, BMP35.C.1: Revise "year Y41=2".
30. Table 20, BMP 35.D.2: Change metric to the number of letters sent.
31. Table 20, BMP 35.C.3 and D.3: Change reference to BMP No. 32.3.
32. Table 21, BMP 38: Clarify this BMP and associated measurable goals to provide for developing
and maintaining the inventory (the audit indicates a lack of inventory). Separate the measurable
goals into individual steps; (1) compile a list, (2) inspect each municipal facility per SOP, (3)
determine SPCC applicability, (4) determine NPDES Industrial permit applicability [Ref. BMP
48], (5) update as facilities are added/closed. Provide appropriate implementation schedules for
each measurable goal. Specify meaningful annual reporting metrics for each measurable goal
(e.g. date inventory completed, number of inspections performed, number of high/low priority
facilities inventoried, etc.).
33. Table 21, BMP 39: Revise "See BMP No. 39 49..." and "BMP No. 404 39.1 ".
34. Table 21, BMP 40: Revise "...See BMP 44 43" in all four columns.
35. Table 21, BMP 41: Revise "...See BMP 39 38" in column A.

36. Table 21, BMP 42: Include spill response training for staff at facilities with spill potential.
Training should include first response actions and reporting/calling for assistance so facility staff
know how to react when a spill occurs.
37. Table 21, BMP 43.C.2 and C.3: General stormwater awareness and pollution prevention training
for staff should occur annually beginning in Year 3. Once per permit term is insufficient to
ensure that staff know how to identify stormwater issues and what to do. Training for new hires
should also begin in Year 3.
38. Table 21, BMP 44.C.2: Confirm references to BMPs No. 45.1 and 45.4.
39. Table 21, BMP 46.D.1: Revise "...members with active certification."
40. Table 21, BMP B.3: Revise "Inspect each device using..."
41. Table 21, BMP 46.B.5: Revise "...BMP No. 46 45.1)."
42. Table 21, BMP 48: If a standard inspection form must be developed, include that as a measurable
goal.
43. Table 21, BMP 49.A: Revise "See BMP No. 40 39... : and add a measurable goal for follow-up
action to ensure corrective actions were completed.
44. Table 21, BMP 53: Revise "See BMP No. 43 42" in all three columns and add the verb
"provide" to B.2.
General Comments
I. Overall, the SWMP is very heavily weighted on Year 3 activities. Consider timing of potential
funding and balance of commitments (see also comment 4 above).
2. Please confirm that the City of Newton plans to inspect all SCMs and low density projects with
city staff rather than require owner submittal of inspections/certifications and perform spot
checks. Also, is the City confident that adequate staff resources will be available to implement
this BMP?
Recommendations
1. Section 3.9, last paragraph: Recommend revising "... through peer uniformed management...".
2. Table 21, BMP 39: Recommend categorizing facilities as high or low potential for stormwater
pollution potential and inspecting high potential facilities at least once annually. Low priority
facilities could be inspected once per permit term, or 20% each year.
3. Table 21, BMP 45: Recommend including age of device in the SCM inventory since routine
replacement/refurbishing costs should be planned for.
4. Table 21, BMP 48: Recommend combining B.2. and B.3. into one measurable goal - maintaining
active NPDES industrial permit(s) for all subject municipal facilities.
5. Table 21, BMP 50.A: These staff also need general stormwater awareness training. Recommend
combining training for efficiency.
Please submit the required Second Draft SWMP via e-mail to Jeanette Powell@ncdenr gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or Jeanette.Powellna ncdenrov.
Sincerely
Jea tte owe 1
MS4 Program Coordinator
w/attach
cc: Alex Fulbright, City of Newton
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
Zahid Khan, Mooresville Regional Office
DEMLR NPDES MS4 Permit Laserfiche File
Sean Ireland, EPA
Lars Hagen, WithersRavenel