NCS000422_Black Mtn NOV-2020-PC-0116_20200302

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmenta/Quality
February 27, 2020
CERTIFIED MAIL 7019 0700 0000 8867 7279
Town of Black Mountain
Attn: Don Collins, Mayor
160 Midland Avenue
Black Mountain, North Carolina 28711
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0116)
Town of Black Mountain
NPDES MS4 Permit No. NCS000422
Buncombe County
Dear Mr. Collins:
On February 12, 2020, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the Town of Black Mountain National Pollutant
Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4)
Permit. For your reference, a copy of the MS4 Program Audit Report issued by DEQ is enclosed
with this notice. This report lists and describes 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. To address the MS4 permit deficiencies, the Town of Black
Mountain 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) 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.
(3) Submit documentation for review and comment within one hundred twenty (120) calendar days
from the date of receipt of this letter:
D_EQ� North Carolina Department of Environmental Quality I Division ofEnergy, Mineral and Land Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296A500

Notice of Violation
Town of Black Mountain
February 27, 2020
Page 2 of 3
a. Conduct a self -audit which includes, at a minimum, an evaluation of compliance with the
permit conditions found in Part II Section F: Post -Construction Site Runoff Controls. The
self -audit must be documented utilizing the DEQ standard MS4 Permit Compliance
Audit Report Template.
b. Develop a Draft Stormwater Management Plan (SWMP) which details specific actions,
measurable goals, and implementation timelines to bring the stormwater management
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 Black
Mountain self -audit.
(4) Submit an NPDES MS4 permit application within thirty (30) days of receiving written DEQ
concurrence that the submitted Draft SWMP documents a compliant stormwater management
program. A new 5-year NPDES MS4 permit will be public noticed along with the submitted
SWMP.
(5) Respond to public comments on the Draft SWMP and submit a Final SWMP for DEQ approval
and final permit issuance. The final DEQ-approved SWMP shall become an enforceable
component of the NPDES MS4 permit.
Required documentation shall be submitted via e-mail to Isaiah. [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
If the Town of Black Mountain 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:
Under state law, a daily civil penalty of not more than twenty-five thousand dollars
($25, 000) per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit [North Carolina
General Statute 143-215.6A]. Please note that compliance with the requirements of this
NOD 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.

Notice of Violation
Town of Black Mountain
February 27, 2020
Page 3 of 3
Thank you for your attention to this matter. Should you have any questions, please contact
Isaiah Reed at [phone] or Isaiah. ReedOncdenr.gov.
Sincerely,
Stanley E. A PEGA
Regional Engineer
Division of Energy, Mineral and Land
Resources
Enclosures: DEQ MS4 Program Audit Report (February 12, Town of Black Mountain)
Copy of NPDES MS4 Permit No. NCS000422
Sample Council Resolution
cc: Jessica Trotman, Planning Director Jessica Trotman
[e-mail]
Jeanette Powell, DEMLR MS4 Program Coordinator
Alaina Morman, DEMLR Stormwater Compliance & Enforcement
DEMLR NPDES MS4 Permit Laserfiche File

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000422
Black Mountain, NORTH CAROLINA
160 Midland Avenue
Black Mountain, North Carolina 28711
Audit Date: February 12, 2020
Report Date: February 26, 2020
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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NCS000422 Black Mountain MS4 Audit 20200226

111 CA:311116i]&KIIII]►1111119►111 V
AuditDetails..................................................................................................................................................1
PermitteeInformation..................................................................................................................................2
Listof Supporting Documents.......................................................................................................................3
Program Implementation, Documentation & Assessment...........................................................................4
Public Education and Outreach.....................................................................................................................7
Public Involvement and Participation...........................................................................................................8
Illicit Discharge Detection and Elimination(IDDE)........................................................................................9
Pollution Prevention and Good Housekeeping for Municipal Operations..................................................11
Site Visit Evaluation: Municipal Facility No. 1.............................................................................................13
Site Visit Evaluation: Municipal Facility No. 2.............................................................................................14
Site Visit Evaluation: MS4Outfall No. 1......................................................................................................15
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.
NCS000422 Black Mountain MS4 Audit 20200226 ii

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NCS000422 Black Mountain MS4 Audit 20200226 iii

Audit Details
Audit ID Number:
Audit Date(s):
NCS000422_Black Mountain MS4 Audit_20200226
February 12, 2020
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
® MS4 Outfalls. Number visited: 1
❑ 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
Isaiah Reed, Environmental Specialist
NCDEQ
Audit Report Author:
Date:
Signature
Audit Report Author:
Date
Signature
NCS000422—Black Mountain MS4 Audit_20200212 Page 1 of 15

Permittee Information
MS4 Permittee Name:
Black Mountain
Permit Effective Date:
February 20, 2017
Permit Expiration Date:
February 19, 2022
Mailing Address:
160 Midland Avenue. Black Mountain, NC 28711
Date of Last MS4 Inspection/Audit:
N/A
Co-permittee(s), if applicable:
Permit Owner of Record:
Albert Richardson
Primary MS4 Representatives Participating in Audit
Name, Title
Organization
Jessica Trotman, Planning Director
Town of Black Mountain
M54 Receiving Waters
Waterbodv
Classification
Impairments
Swannanoa River (and UTs)
C
Tomohawk Branch (and UTs)
B
Briar Branch
B
Wolfpit Branch
B
Laurel Branch
B;Tr
Camp Branch (and UTs)
C
Lynch Creek
C
Britton Creek
C
Flat Creek (and UTs)
C
McCoy Cove
Unable to locate data
NC5000422_Black Mountain MS4 Audit_20200212 Page 2 of 15

List of Supporting Documents
Item
Number
Document Title
When Provided
(Prior to/During/After)
1
Draft O&M for municipal facilities
Prior
2
Draft Stormwater Ordinance
Prior
3
DraftSWMP
Prior
4
Dry Weather Detection Program
Prior
5
Hotline information
Prior
6
IDDE Training information
Prior
7
Inventory of Municipal Facilities
Prior
8
Pesticide License
Prior
9
Post -Construction SW Notification
Prior
10
Report a Polluter and ESC insert.
Prior
11
SCM Inspections
Prior
12
SCM Map
Prior
13
SOP for Building and Ground Maintenance
Prior
14
SOP for Parking Lot Maintenance
Prior
15
SOP for Salt Application
Prior
16
SOP for Swimming Pool
Prior
17
Spill Response Training
Prior
18
Water Distribution Details and Standards Manual
Prior
19
MCM Statements (TMDL, IDDE, PP&GH, PE&O, PCSRC and PI&P)
Prior
20
Stormwater Ordinance
After
NCS000422_Black Mountain MS4 Audit_20200212 Page 3 of 15

Program Implementation, Documentation & Assessment
Staff Interviewed:
Jessica Trotman, Planning Director
(Name, Title, Role)
Permit Citation
Program Requirement
Status
supporting
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.
No
---
Funding
The Stormwater Plan identifies a specific position(s) responsible for the overall
coordination, implementation, and revision to the Plan.
No
---
Responsibilities for all components of the Stormwater Plan are documented and
position(s) assignments provided.
No
---
The permittee is current on payment of invoiced administering and compliance
monitoring fees (see stormwater e-payments on DEMLR MS4 web page).
Yes
---
The Toan of slack Mountain has recently created a Draft SWMP but has not been maintaining or operating under an approved
SWMP.
II.A.2 Stormwater
The permittee evaluated the performance and effectiveness of the program
See
Plan
Yes
NCDEQ
Implementation
components at least annually.
Files
and Evaluation
If yes, the permittee used the results of the evaluation to modify the program
components as necessary to accomplish the intent of the Stormwater Program.
No
---
Did the permitted MS4 discharges cause or contribute to non -attainment of an
Not
applicable water quality standard?
Reviewed
If yes, did the permittee expand or better tailor its BMPs accordingly to address
Not
the non -attainment?
Applicable
The permittee is not aware of any non -attainment of an applicable water quality standard. The permittee has submitted annual
reports through the public BIMS portal.
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.
No
---
The permittee has not maintained or operated under an approved SWMP.
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
---
authority necessary to implement and enforce the requirements of the permit.
The permittee has not maintained or operated under an approved SWMP. The permittee has maintained a website with
stormwater information available. https.11www.townofblackmountain.orgl2434/Stormwater-Management
NCS000422_131ack Mountain MS4 Audit_20200212 Page 4 of 15

Program Implementation, Documentation & Assessment
II.A.3 & II.A.S
Not
Stormwater Plan
Did DEMLR require a modification to the Stormwater Plan?
q
Applicable
___
Modifications
If yes, did the permittee complete the modifications in accordance with the
Not
established deadline?
Applicable
II.A.6 Sharing
Responsibility
Are any control measures implemented by an entity other than the permittee?
Yes
---
If yes, is there a written agreement in place?
No
---
Buncombe County implements the Erosion and Sediment Control program through an approved local program.
II.A.7
The permittee maintained written procedures for implementing the six minimum
Written
control measures.
No
Procedures
Written procedures identified specific action steps, schedules, resources and
responsibilities for implementing the six minimum measures.
No
---
The permittee has not maintained written procedures for the six minimum control measures. Written procedures have recently
been created.
III. A
The permittee maintained documentation of all program components including, but
Program
not limited to, inspections, maintenance activities, educational programs,
No
---
Documentation
implementation of BMPs, enforcement actions etc., on file for a period of five years.
All program components have not been fully documented by the permittee.
111.13
The permittee submitted annual reports to the Department within twelve months
See DEQ
Annual Report
from the effective date of the permit (See Section 111.B. for the annual reporting
Yes
Files
Submittal
period specific to this MS4).
The permittee submitted subsequent annual reports every twelve months from the
See DEQ
scheduled date of the first annual report submittal.
Yes
Files
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.
NCS000422_Black Mountain MS4 Audit_20200212 Page 5 of 15

Program Implementation, Documentation & Assessment
5. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections, and enforcement
Not
Reviewed
actions.
Annual Reports submitted through the Public BIMs Portal.
IV.B
Annual Reporting
The Annual Reports document the following:
1. A summary of past year activities, including where applicable, specific
Not
quantities achieved and summaries of enforcement actions.
Reviewed
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
Annual reports submitted through the Public Bims Portal.
NCS000422_Black Mountain MS4 Audit_20200212 Page 6 of 15

Public Education and Outreach
Staff Interviewed:
Jessica Trotman, Planning Director
(Name, Title, Role)
Permit Citation
Program Requirement Status supporting
Doc No.
II.B.2.a
The permittee defined goals and objectives of the Local Public Education and
Goals and
No
Outreach Program based on community wide issues.
Objectives
No written Public Education and Outreach Program has been maintained.
II.13.2.1a
The permittee maintained a description of the target pollutants and/or stressors and
Target Pollutants
likely sources.
No
---
No written Public Education and Outreach Program has been maintained.
II.B.2.c
The permittee identified, assessed annually and updated the description of the target
Target Audiences
audiences likely to have significant storm water impacts and why they were selected.
No
---
Annual assessments have not been documented by the permittee.
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
Partial
10
Commercial Issues
their education/outreach program.
Erosion and Sediment Control issues were addressed in utility bill insert.
II.B.2.e
The permittee promoted and maintained an Internet web site designed to convey the
Informational
yes
---
program's message.
Web Site
https.11www. townofblackmountain.orgl2434IStormwater-Management
II.B2.f
The ermittee distributed stormwater educational material to a
p appropriate target
Public Education
Partial
10
Materials
groups.
Outreach and educational material was distributed as utility bill inserts.
II.B.2.g
The permittee promoted and maintained a stormwater hotline/helpline for the
Hotline/Help Line
purpose of public education and outreach.
yes
S
I I.B.2.h
Presenta
Public Education
The permittee's outreach program, including those elements implemented locally or
tion
and Outreach
through a cooperative agreement, included a combination of approaches designed to
yes
during
Program
reach the target audiences.
the
Audit.
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.
NC5000422_Black Mountain M54 Audit_20200212 Page 7 of 15

Public Involvement and Participation
Staff Interviewed:
Jessica Trotman, Planning Director
(Name, Title, Role)
Permit Citation
Program Requirement
Status
Supporting
Doc No.
Presents
II.C.2.a Volunteer
Community
The permittee included and promoted volunteer opportunities designed to promote
tion
Yes
During
Involvement
ongoing citizen participation.
the
Program
Audit
II.C.2.b
Mechanism for
The permittee provided and promoted a mechanism for public involvement that
Public
provides for input on stormwater issues and the stormwater program.
Yes
---
Involvement
https.11www.townofbiackmountain. orgl2434IStormwater-Management
II.C.2.c
The permittee promoted and maintained a hotline/helpline for the purpose of public
Hotline/Help Line
involvement and participation.
Yes
5
NCS000422_Black Mountain MS4 Audit_20200212 Page 8 of 15

Illicit Discharge Detection and Elimination (IDDE)
Staff Interviewed:
Jessica Trotman, Planning Director
(Name, Title,
Role)
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
integrating No ---
evaluation and inte g g program.
While a written IDDE program has now been created, a written program has not been maintained throughout the permit cycle.
The permittee maintained an IDDE ordinance or other regulatory mechanism(s) that
II.D.2.b
provides the legal authority to prohibit illicit connections and discharges to the MS4.
Yes
20
Legal Authorities
If yes, the ordinance applies throughout the corporate limits of the permittee.
(Permit Part I.D]
Yes
II.D2.c
The permittee maintained a current map showing major outfalls* and receiving
Storm Sewer
No
---
System Map
streams.
The permittee has not maintained a current map of major outfalls.
II.D.2.d
Dry Weather Flow
The permittee maintained a program for conducting dry weather flow field
No
observations in accordance with written procedures.
Program
A written program has recently been created. However, a written program has not been maintained or implemented throughout
the life of the permit.
II.D.2.e
The permittee maintained written procedures for conducting investigations of
Investigation
identified illicit discharges.
No
---
Procedures
While a written program has recently been written, a program has not been maintained and implemented throughout the permit
term.
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 dates) 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 IDDE cases were documented by the Permittee.
NCS000422_Black Mountain MS4 Audit_20200212 Page 9 of 15

Illicit Discharge Detection and Elimination (IDDE)
II.D.2.e Employee
The permittee implemented and documented a training program for appropriate
Training
municipal staff who, as part of their normal job responsibilities, may come into
Yes
6
contact with or otherwise observe an illicit discharge or illicit connection.
II.D.2.h
The permittee informed public employees of hazards associated with illegal
Public Education
discharges and improper disposal of waste.
Partial
---
The permittee informed businesses of hazards associated with illegal discharges and
improper disposal of waste.
Partial
The permittee informed the general public of hazards associated with illegal
discharges and improper disposal of waste.
Partial
These requirements were partially addressed at a community workshop, outlined in a presentation given during the audit.
II.D.2.i
The permittee promoted, publicized, and facilitated a reporting mechanism for the
Public Reporting
Public to report illicit discharges.
Partial
10
Mechanism
The permittee promoted, publicized, and facilitated a reporting mechanism for staff
to report illicit discharges.
No
---
The permittee established and implemented response procedures for citizen
requests/reports.
No
...
Contact hotline info was given out in utility bill inserts.
II.D.2.1
The permittee implemented a mechanism to track the issuance of notices of violation
Enforcement
and enforcement actions administered by the permittee.
No
---
If yes, the mechanism includes the ability to identify chronic violators for
initiation of actions to reduce noncompliance.
No
---
No NOVs were documented to track. However, a specific tracking system had not been created at the time of the audit.
NCS000422_Black Mountain MS4 Audit_20200212 Page 10 of 15

Pollution Prevention and Good Housekeeping for Municipal Operations
Staff Interviewed:
Jessica Trotman, Planning Director
(Name, Title, Role)
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
Yes
7
stormwater runoff.
II.G.2.b
The permittee maintained and implemented an O&M program for municipally
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.
No
---
If yes, the O&M program specifies the frequency of routine maintenance
requirements.
No
---
If yes, the permittee evaluated the C&M program annually and updated it as
No
---
necessary.
While O&M Programs have recently been written for publicly owned facilities, an O&M program has not been maintained
throughout the permit cycle.
II.G.2.c
Spill Response
The permittee had written spill response procedures for municipal operations.
No
---
Procedures
A maintained written Spill Response Plan was not made available at the time of the audit.
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 annual evaluation has been documented.
II.G.2.f
The permittee maintained and implemented an 0&M program for the stormwater
O&M for Catch
sewer system including catch basins and conveyance systems that it owns and
No
---
Basins and
Conveyance Systems
maintains.
II.G.2.h
The permittee maintained a current inventory of municipally -owned or operated
Structural
structural stormwater controls installed for compliance with the permittee's post-
Not
Applicable
Stormwater Controls
construction ordinance.
NCS000422_Black Mountain MS4 Audit_20200212 Page 11 of 15

Pollution Prevention and Good Housekeeping for Municipal Operations
II.G.2.1
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
Not
Applicable
Stormwater Controls
the permittee's post -construction ordinance. If yes, then:
The C&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
8
and Fertilizer
Application
The permittee ensured contractors are properly trained in pesticide, herbicide and
Management
fertilizer application management.
Yes
---
The permittee ensured all permits, certifications, and other measures for
applicators are followed.
Yes
---
II.G.2.k
The permittee implemented an employee training program for employees involved
Staff Training
in implementing pollution prevention and good housekeeping practices.
Yes
6
II.G.2.I
The permittee described and implemented measures that prevent or minimize
Vehicle and
contamination of stormwater runoff from all areas used for vehicle and equipment
No
---
Equipment Cleaning
cleaning.
See comments in site visits for more information.
NC5000422_Black Mountain M54 Audit_20200212 Page 12 of 15

Site Visit Evaluation: Municipal Facility No. 1
Facility Name:
Date and Time of Site Visit:
Public Works
February 12, 2020
1:30 pm
Facility Address:
Facility Type (Vehicle Maintenance, Landscaping, etc.):
304 Black Mountain Avenue
Various
Name of MS4 inspector(s) evaluated:
Most Recent MS4 Inspection (List date and name of inspector):
Jessica Trotman, Planning Director
None
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?
None
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
One training event documented.
Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
Partially.
Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
Partially.
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 MS4 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:
Secondary Containment issues were observed during the inspection and discussed on site.
Does the MS4 inspector's process include presenting the inspection findings to the facility contact?
Yes
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
Yes. Secondary Containment was not provided for liquid materials.
If compliance corrective actions were identified, what timeline for correction/follow-up was provided?
Not determined.
NCS000422_Black Mountain MS4 Audit_20200212 Page 13 of 15

Site Visit Evaluation: Municipal Facility No. 1
Site Visit Evaluation: Municipal Facility No. 2
Facility Name:
Date and Time of Site Visit:
Public Safety
February 12, 2:30pm
Facility Address:
Facility Type (Vehicle Maintenance, Landscaping, etc.):
106 Montreat Road
Vehicle Maintenance. Law enforcement. Fire Department
Name of MS4 inspector(s) evaluated:
Most Recent MS4 Inspection (Date and Entity):
Jessica Trotman
None
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?
None.
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
One training event documented.
Did the MS4 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
Partially
Did the MS4 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
Partially
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 inspectors process include reviewing the facility's SWPPP (or similar document)?
No
Does the MS4 inspector's process include walking the entire facility and inspecting all points of discharge?
Yes
Did the MS4 inspector miss any obvious areas of concern? If so, explain:
The nature and construction of shop drain and the location of vehicle washing activity was a point of confusion.
Does the MS4 inspectors process include presenting the inspection findings to the facility contact?
Yes
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
Yes. The vehicle washing activities for police cars will be relocated.
If compliance corrective actions were identified, what timeline for correction/follow-up was provided?
Not determined.
NCS000422_Black Mountain MS4 Audit_20200212 Page 14 of 15

Site Visit Evaluation: MS4 Outfall No. 1
Outfall ID Number:
Date and Time of Site Visit:
Not numbered
February 12, 2020. 3pm
Outfall Location:
Outfall Description (Pipe Material/Diameter, Culvert, etc.):
Corner of Sutton and Richardson
Pipe. —28" diameter
Receiving Water:
Is Flow Present? If So, Describe (Color, Approximate Flow Rate,
Swannanoa River
Sheen, Odor, Floatables/Debris, etc.):
Yes, Clear
Most Recent Outfall Inspection/Screening (Date):
None
Days Since Last Rainfall:
Inches:
Raining during audit.
Name of MS4lnspector(s) evaluated:
Jessica Trotman
Observations
Inspector Training/Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
One training event documented.
Did the MS4 inspector appear knowledgeable about illicit discharge indicators and investigations?
Partially.
Inspection Procedures
Does the inspector's process include the use of a checklist or other standardized form?
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?
No
NCS000422_Black Mountain MS4 Audit_20200212 Page 15 of 15

Example Council Resolution of Commitment to Implement Compliant NPDES MS4 Program
Resolution No.: ###
Date Adopted: ###
RESOLUTION AFFIRMING THE MS4NAME COUNCIL'SSUPPORT
REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM
A RESOLUTION to develop and implement compliant stormwater management program that meets
the requirements of the MS4NAME National Pollutant Discharge Elimination System IN PDES) Municipal
Separate Storm SewerSystem (MS4) Permit number NCS### to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared bythe MS4NAME and approved by the North
Carolina Departmentof 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 Permitsare issued bythe North Carolina Departmentof
Environmental Quality; and
WHEREAS,the NorthCarolina Departmentof Environmental Quality issuedthe MS4NAMEits third
N PDES MS4 Permit fordischarge of stormwateron DATE; and
WHEREAS,the MS4NAME was issued Notice of Violation number NOV-###-### on DATEfor
noncompliance with the issued NPDES MS4 Permit; and
WHEREAS,the MS4NAM E acknowledges the specific Notice of Violation requirementto 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 forthe balance of permit requirements not specifically audited by the North
Carolina Departmentof Environmental Quality, and to develop a draft Stormwater Management Plan to
comply with Section 402(p)(3)(B)(iii) of the Clean WaterAct, 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 implementa compliant and enforceable stormwater management program as defined by
boththe NPDES MS4 Permit number NCS### and the required new Stormwater Management Plan, and
said resolution is to be submitted to the North Carolina Departmentof 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 Departmentof Environmental Quality
enforcement action and penalties could result from non-compliance with the specific requirements in
Notice of Violation number NOV-###-###; and

Example Council Resolution of Commitment to Implement Compliant N PDES MS4 Program
WHEREAS, the MS4NAME acknowledgesthat 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 N PDES 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.
NAME, Mayor
NAME, Stormwater Program Administrator
NAME, Town Manager
NAME, Town Clerk
ADOPTED BY the City Council of the MS4NAME, North Carolina the ____dayof2019 and
signed in authentication thereof the ____ day of_____, 2019.