MEMO MEMO-23-0207

Meeting Date: November 13, 2023

Prepared By: Niel Brooks

MEETING TYPE: Council Special Meeting

TITLE: Resolution R-23-082 Affirming the Town of Leland Council's Support Regarding
Implementation of a Compliant NCDES MS4 Stormwater Program

PURPOSE: To develop and implement a compliant stormwater management program that meets
the requirements of the Town of Leland National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number
NCS000416 to discharge stormwater, inclusive of the required Stormwater
Management Plan to be prepared by the Town of Leland and approved by the North
Carolina Department of Environmental Quality.

BACKGROUND: On July 19, 2023, staff from the North Carolina Department of Environmental Quality
(DEQ) conducted a compliance audit of the subject National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit.
The audit identified major deficiencies with the specific components of the MS4
permit that were reviewed, as provided in the attached DEQ MS4 Permit Compliance
Audit Report. The report lists 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.

SUMMARY: 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. As such, the Town of Leland is required to
complete the following steps:
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.
3. Submit documentation for review and comment within one hundred twenty
(120) calendar days from the date of receipt of this letter:
a. 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.
4. Submit an NPDES MS4 permit application for whichever comes first: at least
one hundred eighty (180) days prior to permit expiration or within thirty (30)
days of receiving written DEQ concurrence that the submitted SWMP
documents a compliant stormwater management program and the MS4
should submit the application including a signed final draft SWMP. A new 5-
year NPDES MS4 permit will be public noticed along with the Final Draft
SWMP.

SUPPORTING PLANS: N/A

Request for Action Page 1 of 32
FINANCIAL: N/A

REQUEST FOR ACTION: Staff recommends Council adopt Resolution R-23-082.

Request for Action Page 2 of 32

 Page 1 of 30

Resolution R-23-082
Introduced By: Niel Brooks
Date: November 13, 2023

Resolution R-23-082 Affirming the Town of Leland Council's Support Regarding

Implementation of a Compliant NCDES MS4 Stormwater Program

WHEREAS, this Resolution is to develop and implement a compliant stormwater management

program that meets the requirements of the Town of Leland National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit number
NCS000416 to discharge stormwater, inclusive of the requiremed Stormwater Management
Plan to be prepared by the Town of Leland and approved by the North Carolina Department of
Environmental Quality; and

WHEREAS, Section 402(p) of the federal Clean Water Act requires NPDES permits for
stormwater discharges from municipal separate storm water systems; and

WHEREAS, in North Carolina, NPDES Permits are issued by the North Carolina Department of
Environmental Quality; and

WHEREAS, the North Carolina Department of Environment Quality issued the Town of Leland
its third NPDES MS4 Permit for discharge of stormwater on September 13, 2023; and

WHEREAS, the Town of Leland was issued Notice of Violation number NOV-2023-PC-0440 on
September 13, 2023 for noncompliance with the issued NPDES MS4 Permit; and

WHEREAS, the Town of Leland acknowledges the specific Notice of Violation requirement to
obtain a new individual NPDES MS4 Permit; and

WHEREAS, the Town of Leland acknowledges the specific Notice of Violation requirement to
conduct a self-audit of permit compliance for the balance of permit requirements not
specifically audited by North Carolina Department of Environment Quality, and to develop a
draft Stormwater Management Plan to comply with Section 402(p)(3)(B)(iii) of the Clean Water
Act, 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
120 days from September 13, 2023 for review and approval; and

Resolutions Page 3 of 32
 Page 2 of 30

WHEREAS, the Town of Leland acknowledges the specific Notice of Violation requirement to
adopt a Council Resolution to implement a compliant and enforceable stormwater
management program as defined by both the NPDES MS4 Permit number NCS000416 and the
required new Stormwater Management Plan, and said Resolution is to be submitted to the
North Carolina Department of Environmental Quality no later than 60 days from September 13,
2023; and

WHEREAS, the Town of Leland acknowledges the requirement to provide adequate funding and
staffing to implement a Stormwater Management Program that compiles with its NPDES MS4
Permit and approved Stormwater Management Plan; and

WHEREAS, the Town of Leland acknowledges that North Carolina Department of Environmental
Quality enforcement action and penalties could result from non-compliance with the specific
requirements in Notice of Violation number NOV-2023-PC-0440; and

WHEREAS, the Town of Leland acknowledges that 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 NPDES MS4 Permit.

Therefore, Be It Resolved:
That the Council of the Town of Leland hereby affirms its support for development and
implementation of a compliant NPDES MS4 Stormwater Program.

Adopted by Town Council on this 13th day of November, 2023.

Brenda Bozeman, Mayor Sabrena A. Reinhardt, Town Clerk

Resolutions Page 4 of 32
 Page 3 of 30
ROY COOPER
Governor

ELIZABETHS. BISER
Secretary _

WILLIAM E. TOBY VlNSON,]R NORTH CAROLINA

Interim Director Environmental Quality

September 13,2023

CERTIFIED MAIL 7022 2410 0003 1437 0460

RETURN RECEIPT REQUESTED

Town of Leland
Attn: David A. Hollis
102 Town Hall Drive
Leland, NC 28451

Subject: NOTICE OF VIOLATION (NOV-2023-PC-044-0)

Town of Leland
NPDES MS4 Permit No. NCS000416
Brunswick County

Dear Mr. Hollis:

On July 19, 2023, staff from the North Carolina Department ofEnvironmental Quality (DEQ) conducted a
compliance audit of the subject National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit. The audit identified major deficiencies with the specific components of
the MS4 permit that were reviewed, as provided in the attached DEQMS4 Permit Compliance Audit Report.
This report lists the serious deficiencies with certain components of the M84 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 DEQpolicy, a new 5-year MS4 permit will be issued in response
to the audit. As such, the permittee 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:
a. 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 DEQPhase 11M54 SWMP Template. The SWMP
must address all known compliance deficiencies including, at a minimum, the items detailed
in the DEQMS4 Program Audit Report and the self—audit.
4. Submit an NPDES MS4 permit application for whichever comes first:
a. At least one hundred eighty (180) days prior to permit expiration, or

North Carolina Department of Environmental Quality l Division of Energy. Mineral and Land Resources
3
NORTH CAROLINA
Denarlmanlul
L J
EnvlrnI1munla|Clua| / 9]9_7()7,92()0
Page
512 North Salisbury Street l 16125Mail
of Service
32 Center l Raleigh.North Carolina 27699-1612
 Notice ofViolation
Town of Leland Page 4 of 30
September 13, 2023
Page 2 of2

b. Within thirty (30) days of receiving written DEQconcurrence that the submitted SWMP
documents a compliant stormwater management program and the M54 should submit the
application including a signed Final Draft SWMP. A new 5-year NPDES MS4 permit will be
public noticed along with the Draft Final SWMP.
5. Respond to comments on the Draft Final SWMP and submit a signed Final SWMP for DEQapproval
and final permit issuance. The final DEQ-approved SWMP shall become an enforceable component of
the NPDES MS4 permit and an Annual Self—AssessmentTemplate that corresponds to the approved
SWMP will be provided.

Required documentation shall be submitted via e-mail to Isaiah.Reed@deg.nc.gov, or to:

DEQ-DEMLR Stormwater Program

Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, NC 28778

Ifthe MS4 fails to meet the aforementioned requirements and/or submits a significantly noncompliant Draft
SWMP, DEQmay proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit:

Under state law, a daily civil penalty ofnot more than twenty—?ve 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 ofa permit [North Carolina General Statute 143-215. 6A]. Please note that
compliance with the requirements ofthisnotice and/or issuance ofcivilor criminal penalties levied by
DEQdoes not preclude the EPAfromcarrying out its own enforcement case against the permittee.

Thank you for your attention to this matter. Should you have any questions, please contact Isaiah Reed at
(828) 296-4618 or Isaiah.Reed@deg.nc.gov.

saiah Reed, PE, CPLSR/VQ,

\.

MS4CECI
MS4 Program Coordinator
North Carolina Department of Environmental Quality

Enclosures:
DEQMS4 Permit Compliance Audit Report
Example Council Resolution

EC: Isaiah Reed, MS4 Program Coordinator lsaiah.reed@deq.nc.gov

Robert Miller rmiller@townofleland.com
DEMLR NPDES MS4 Permit Laserfiche File

Page 6 of 32
 Page 5 of 30

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

PROGRAM AUDIT REPORT

NPDES PERMIT NO. NCSOO0416

LELAND,NORTH CAROLINA

102 Town Hall Drive, Leland, NC

Audit Date: July 19, 2023

Report Date: August 25, 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

Page 7 of 32
 Page 6 of 30

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NCSOOO4l6_Le|and MS4 Audit_20230719 l

Page 8 of 32
 Page 7 of 30

TABLEOF CONTENTS
Audit Details ................................................................... ..1
Permittee Information ..................................................................
................................................................... ..2
....................................................................
..............................................................
List of 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
Post—Construction Site Runoff Controls ....................................................................
................... ..11
Pollution Prevention and Good Housekeeping................................
for Municipal Operations ................................................
..15
Site Visit Evaluation: Municipal Facility No. 1 ...............................................................
..17
Site Visit Evaluation: Municipal Facility No.2 ...............................................................
............................ ..18
Site Visit Evaluation: MS4 Outfall No. 1 .............................................................
............................ ..19

.......................................
Control Measure No. 1 ..........................................
Site Visit Evaluation: Post—Construction Stormwater ..2O

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.

NCSO0O416_Le|and MS4 Audit_20230719 ii

Page 9 of 32
 Page 8 of 30

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NCSOOO416_Le|andMS4 Audit_20230719 iii

Page 10 of 32
 Page 9 of 30

Audit Details
Audit ID Number: Audit Date(s):
NCSOOO4l6_Le|and MS4 Audit__202307l9 July 19, 2023

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: 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.

lnspector(s) Conducting Audit

Name, Title Organization

Isaiah Reed, Environmental Engineer NCDEQ

Christine Hall, Engineering Supervisor NCDEQ

Dan Sams, Regional Engineer NCDEQ

7
Audit Report Author: /
9'
$ignature_C'7/j%/ ‘*7’
/
‘.“"2_/':)

NCSOOO4l6_Le|and MS4 Audit_20230719 Page 1 of 20

Page 11 of 32
 Page 10 of 30

Permittee Information
MS4 Permittee Name: Permit Effective Date: Permit Expiration Date:
Town of Leland 2/1/2018 1/31/2023
Mailing Address, Date of Last MS4 Inspection/Audit:
102 Town Hall Drive. Leland, NC 28451 None
Co-permittee(s), if applicable:
None
Permit Owner of Record:
David A. Hollis, Town Manager
Primary MS4 Representatives Participating in Audit
Name, Title Organization

Robert Miller, Public Services Director Town of Leland

M54 Receiving Waters

Waterbody Classification lmgairments
Receiving waters withing the Cape Fear
SA None
River Basin

NCS000416_Le|and MS4 Audit_20230719 Page 2 Of 20

Page 12 of 32
 Page 11 of 30

List of Supporting Documents

. When Provided

Annual Report 21/22 After

Agreement with CWEP and CFRW

Cape Fear Report

Clean Sweep volunteer data

IDDE Ordinance

Sign in Sheet for annual lDDETraining

Post Construction Ordinance

Post—CApproval Letter

Example Deed Restriction

Inventory of SCMS

Screenshot of lnfrastructu re

Spill Prevention and Response Plan

Inventory of Municipally-Owned SCMs

O&M Plan for Municipally-owned SCMs

Herbicide/Pesticide
Applicator License

NCSOO0416_Le|and MS4 Audit_202307l9 Page 3 of 20

Page 13 of 32
 Page 12 of 30

Program Implementation, Documentation & Assessment

Staff Interviewed: Robert Miller, Public Services Director
(Name, Title, Role)

Permit Citation

”'A'1
Program Requirement
W
The permittee maintained adequate funding and staffing to implement and manage
Staffing and Yes "-

the provisions of the Stormwater Plan and meet all requirements of the permit.
Funding
The Stormwater Plan identifies a specific position(s) responsible for the overall Not
"-

coordination, implementation, and revision to the Plan. ReVieWed

Responsibilities for all components of the Stormwater Plan are documented and Not
position(s) assignments provided. ReVieWed

The permittee is current on payment of invoiced administering and compliance

monitoring fees (see stormwater e—payments on DEMLR M54 web page).

No approved SWMP. Stormwater program fundedfrom General Fund. Annual reports submitted through BIMS.
lI.A.2 Stormwater
The permittee evaluated the performance and effectiveness of the program
Plan Yes ---

_ components at least annually.

Implementation
a"d EV3'“atl°" If yes, the permittee used the results of the evaluation to modify the program Not ___
components as necessary to accomplish the intent of the Stormwater Program. Reviewed

Did the permitted MS4 discharges cause or contribute to non—attainment of an

applicable water quality standard?

If yes, did the permittee expand or better tailor its BMPs accordingly to address Not
the non—attainment? APP"C3b'e
No water quality impacts known.
|l.A.3

Keeping the The permittee kept the Stormwater Plan up to date. Ap:‘i:ble ---

Stormwater Plan
Up to Date
NO t
The permittee notified DEMLRof any updates to the Stormwater Plan. ---
Applicable

An approved SWMP was not made available at the time of the audit.
ui\*‘1AVa“abmty
The permittee kept an up—to—dateversion of its Stormwater Plan available to the
I‘:the Stormwater
an
Division and the public online.

The online materials included ordinances, or other regulatory mechanisms, or a list

No website

identifying the ordinances, or other regulatory mechanisms, providing the legal Partial Website
authority necessary to implement and enforce the requirements of the permit.
To wnofleIand.com

Did DEMLRrequire a modification to the Stormwater Plan?

NCSOO0416_Leland MS4 Audit_20230719 Page 4 Of 20

Page 14 of 32
 Page 13 of 30

Program Implementation, Documentation & Assessment

l|.A.3 & ll.A.5
If yes, did the permittee complete the modifications in accordance with the Not
Stormwater Plan _ _ . ---
, , _ established deadline? Applicable
Modifications
lI.A.6 Sharing
Respo.-.5ibi|ity Are any control measures implemented by an entity other than the permittee? Yes 2

If yes, is there a written agreement in place? Yes 2

Cape fear river watch. Clean Water Education Partnership. Cape fear river watch agreement does not include permit re erence.
”'A_'7 The permittee maintained written procedures for implementing the six minimum
Written N0 "-

control measures.
Procedures
Written procedures identified specific action steps, schedules, resources and
No
responsibilities for implementing the six minimum measures. »

No written programs made available at the time of the audit.

mi The permittee maintained documentation of all program components including, but
PV°8ram not limited to, inspections, maintenance activities, educational programs, Yes 5 Years
D0CUm€nt3'€i0|‘| implementation of BMPs, enforcement actions etc., on file for a period of five years.
lll.B The permittee submitted annual reports to the Department within twelve months
. . .
from the effective date of the permit (See Section III.B. for the annual reporting.
Annual Report Revigled
N
---

Submittal period specific to this M54).

The permittee submitted subsequent annual reports every twelve months from the Not
scheduled date of the first annual report submittal. Reviewed

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 ReVleWed
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 ReVleWed
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 Revhgled ---

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 Re:::‘:,ed ---

Stormwater Plan.
5. An assessment of compliance with the permit, information on the
establishment of appropriate legal authorities, inspections, and enforcement Re‘:;tved ---

actions.

NCSO0O416_Leland MS4 Audit_20230719 Page 5 01°20

Page 15 of 32
 Page 14 of 30

Program Implementation, Documentation & Assessment

IV.B
Am-.ua| Reporting The Annual Reports document the following:

A summary of past year activities, including where applicable, specific Not

quantities achieved and summaries of enforcement actions. “Viewed

Not
A description of the effectiveness of each program component.
Reviewed

Planned activities and changes for the next reporting period, for each Not
program component or activity. R€Vi9W‘~’d

Not
Fiscal analysis.
Reviewed

NCSO0O4l6_Leland MS4 Audit_20230719 Page 6 of 20

Page 16 of 32
 Page 15 of 30

Public Education and Outreach

Staff Interviewed: Robert Miller, Public Services Director
(Name, Title, Role)

Permit Citation

ll.B.2.a
E
Goals and
The permittee defined goals and objectives of the Local Public Education and
. , _ Partial
_
website
.
, _ Outreach Program based on community wide issues.
Objectives
Website contains informationan outreach.

ll.B.2.b The permittee maintained a description of the target pollutants and/or stressors and
Target Pollutants likely sources.
Partial Website

Website contains information.CWEP does not provide an annual report.

lI.B.2.c The permittee identified, assessed annually and updated the description of the target
No
Target Audiences
"-

audiences likely to have significant storm water impacts and why they were selected.
No commercial outreach known.
ll.B.2.d Residential The permittee described issues, such as pollutants, the likely sources of those
and |ndustria|/ pollutants, potential impacts, and the physical attributes of stormwater runoff in Yes ---

Commercial lssues their education/outreach program.

Cape fear river watch conducts outreach at 3 schools per year
”'B'2'e
_ The permittee promoted and maintained an internet web site designed to convey the ,
Informational , Yes website
program s message.
web Site
Townofleland.com
”'B'2'f
The permittee distributed stormwater educational material to appropriately focused
Public Education Yes 3
groups‘
Materials
Cape fear focusedon school groups.

The permittee promoted and maintained a stormwater hotline/helpline for the _ ,

Hotline/Help Line Partial Website
purpose of public education and outreach.

Townofleland.com
||.B.2.h
The permittee’s outreach program, including those elements implemented locally or
Public Education . . . . .
and Outreach
through a cooperative agreement, Included a combination of approaches designed to Revigved
N
---

reach the target audiences.

Program
For each media, event or activity, including those elements implemented locally or
. . . N t
through a cooperative agreement the permittee estimated and recorded the extent Revigwed ---

of exposure.
Stormwater public services director is still becoming familiarwith activities implemented by outside contracted entities.

NCSOOO416_Le|and MS4 Audit_20230719 Page 7 of 20

Page 17 of 32
 Page 16 of 30

Public Involvement and Participation

Staff Interviewed: Robert Miller, Public Services Director.
(Name, Title, Role)

Permit Citation Program Requirement

II.C.2.a Volunteer
Community The permittee included and promoted volunteer opportunities designed to promote
Involvement ongoing citizen participation.
Program
Clean Sweep.
Creek Week. Storm drain marking. 2-3 residents. Documented by CWEP.
Town sta? clean up. Volunteer creek cleanups.
Resident creek cleanup.
l|.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
None documented.

ll.C.2.c The permittee promoted and maintained a hotline/helpline for the purpose of public
No ---
Hotline/Help Line involvement and participation.

NCSOOO416_Le|and MS4 Audit_20230719 Page 8 of 20

Page 18 of 32
 Page 17 of 30

lllicit Discharge Detection and Elimination (IDDE)

Staff Interviewed: Robert Miller, Public Services Director
(Name, Title,
Role)

Permit Citation
. Supporting

|I.D.2.a

IDDE Program The permittee maintained a written IDDE Program.

If yes, the written program includes provisions for program assessment and
evaluation and integrating program.
No Written IDDE Program has been maintained.

The permittee maintained an IDDEordinance or other regulatory mechanismls) that

provides the legal authority to prohibit illicit connections and discharges to the M54.
ll.D.2.b
Legal Authorities
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I.D]

No ETJ
ll.D.2.c
The permittee maintained a current map showing major outfalls* and receiving
Storm Sewer
streams.
System Map
|I.D.2.d
The permittee maintained a program for conducting dry weather flow field
Dry Weather Flow
observations in accordance with written procedures.
Program
No dry weather scre ening outlined/planned.
lI.D.2.e
The permittee maintained written procedures for conducting investigations of
Investigation
identified illicit discharges.
Procedures
No written program exists.

ll.D.2.f For each case of an illicit discharge or potential illicit discharge, the permittee documented and tracked the
Track and following:
Document
Not
Investigations 1. The date(s) the illicit discharge was observed
Applicable

Not
2. The results of the investigation
Applicable

Not
3. Any fo|low—upof the investigation
Applicable

Not
4. The date the investigation was closed
Applicable

l|.D.2.g 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
contact with or otherwise observe an illicit discharge or illicit connection.

Annual training for municipal staff on IDDE.

NCSO0O416_Leland MS4 Audit_20230719 Page 9 of 20

Page 19 of 32
 Page 18 of 30

Illicit Discharge Detection and Elimination (IDDE)

”'D'?'h
Pubhc Educauon
_ The permittee informed public employees of hazards associated with illegal
Yes 6
discharges and improper disposal of waste.

The permittee informed businesses of hazards associated with illegal discharges and
improper disposal of waste.

The permittee informed the general public of hazards associated with illegal
discharges and improper disposal of waste.
Annual training covers improper disposal of waste.
"’D'2'i
The permittee promoted, publicized, and facilitated a reporting mechanism for the _
Public Reporting . . .. . V85 Website
public to report illicit discharges.
Mechanism
The permittee promoted, publicized, and facilitated a reporting mechanism for staff
to report illicit discharges.

The permittee established and implemented response procedures for citizen

requests/reports.
No written program in place.
"'D'2'
The permittee implemented a mechanism to track the issuance of notices of violation Not
Enforcement
and enforcement actions administered by the permittee. Applicable

lfyes, the mechanism includes the ability to identify chronic violators for Not
initiation of actions to reduce noncompliance. Applicable

NCSOO0416_Le|and MS4 Audlt_20230719 Page 10 Of 20

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Post-Construction Site Runoff Controls

Staff Interviewed: Robert Miller, Public Services Director
(Name, Title, Role)

Implementation (check all that apply):

X The permittee implements the components of this minimum measure.

The permittee relies upon another entity to implement the components of this minimum measure:
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—l) 15A NCAC 2B .0212

—

Water Supply Watershed ll (WS—ll) 15A NCAC 2B .0214

—

Water Supply Watershed lll (WS—l|l) 15A NCAC 2B .0215

—

Water Supply Watershed IV (WS—|V) 15A NCAC 2B .0216

—

Freshwater High Quality Waters (HQW) 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—PamlicoRiver 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 M54 permitted area (check all that apply):

DEQ model ordinance

MS4 designed post—construction practices that meet or exceed 15A NCAC02H .1000.

DEQapproved comprehensive watershed plan

DEQ approved ordinance for a deemed-compliant Program (see list above)

Instructions:
For M545 E implementing a S.L. 2006-246 deemed-compliant program, complete only the Permit Citation section below.
For M545 implementing a S.L. 2006-246 deemed-compliant program, complete the Session Law 2006-246 section below. Ifthe M54
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.

NCSOOO416_Le|and MS4 Audit_202307l9 Page 11 Of 20

Page 21 of 32
 Page 20 of 30

Post-Construction Site Runoff Controls

Session Law 2006-
246
Deemed-Compliant
.
The permittee implements deemed—compliant Program requirements in
E Supporting

Not
Programls) accordance with the applicable 15A NCAC rules. Appllcable

The permittee implements deemed—compliant Program requirements throughout

NO t
the entire MS4 area (Ifnot, also complete the Permit Citation section below.) Appllcable

The permittee applies deemed—compliant Program requirements to all federal,

state and local government projects within the permitted MS4 area who do not Apphlllzlble ---

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

Stormwater Management Plan. Appllcable

Permit Citation Program Requirement

l|.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 Yes 7
Management Program.
If yes, the ordinance applies throughout the corporate limits of the permittee
(Verify permit coverage area listed in Part /.D of permit and modify Yes 7
accordingly).
The permittee has the authority to review designs and proposals for new
development and redevelopment to determine whether adequate stormwater Yes 7
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 7
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 7
related to stormwater discharges.
Non-residential that adds 10,000 square feet.
l|.F.2.b
stormwater contro| The permittee utilizes strategies which include SCMs appropriate for the M54. Yes 7
Measures (SCMs)
Not
SCMs comply with 15A NCAC02H .1000. ---
Reviewed

|l.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 8
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
performance standards.

NCSOOO416_Le|andMS4 Audit_20230719 Page 12 of 20

Page 22 of 32
 Page 21 of 30

Post-Construction Site Runoff Controls

If yes, the site plan reviews addressed how the project will ensure long—term
Yes 9
maintenance.
I|.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 Yes ---

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 Yes 10
requirements.
||.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 Yes 9
and Protective . .
consistent with approved plans.
Covenants
ll'F'2'f
The permittee implemented or required an operation and maintenance plan for
Mechanism to Yes 8
the long—termoperation of the SCMs required by the program.
Require Long-term
0Pe"3tl°n and The operation and maintenance plan required the owner of each SCM to perform
Maintenance Yes 8
and maintain a record ofannual inspections of each SCM.

Annual inspection of permitted structural SCMs are required to be performed by a

No ___
qualified professional.

Permit does not include an inspection requirement.

ll.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 Il.F.2.g ofpermit 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
completion(Verify this is a permit condition in Part Il.F.2.g ofpermit and modify
Revlrvtved ---

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 /l.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 ---

l|.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
Training for
appropriate for developers. .
Note: New materials may be developed by the permittee, or the permittee may use
I
Yes website
Developers materials adopted fromother programs and adapted to the permittee’s new
development and redevelopment program.
Enforcement
The permittee tracked the issuance of notices of violation and enforcement Not
"-

actions. Applicable

NCSOO04l6_Le|and M54 Audit_20230719 Page 13 of 20

Page 23 of 32
 Page 22 of 30

Post-Construction Site Runoff Controls

If yes, the tracking mechanism included the ability to identify chronic violators
for initiation of actions to reduce noncompliance.

The permittee fully complies with post construction program requirements on its
New Devebpment
own publicly funded construction projects.

"'F'3'c
Does the M54 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to
Nutrient Sensitive No
15A NCAC02H .0150?
waters
If yes, does the permittee use SCMs that reduce nutrient loading in order to Not
meet local program requirements. Applicable

If yes, does the permittee also still incorporate the stormwater controls Not
required for the project's density level. Applicable

lfyes, does the permittee also require documentation where it is not feasible to Not
use SCMs that reduce nutrient loading. Applicable

Il.F.3.d
The permittee ensured that the design volumes of SCMs take into account the Not
Design Volume
runoff at build out from all surfaces draining to the system. REVleWed

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 Revigled
N
---

streets, driveways, and other impervious surfaces.

Additional High Density approvals should have an expiration date.
Comments: It is recommended that Town staff open and maintain regular communication with Wilmington Regional
Office staff to assure consistency between State and M54 Post construction requirements. It is likely that
additional audits, focused primarily on the Post-Construction program occur at a higher frequency than
once per permit cycle.

NCSOOO416_LelandMS4 Audit_20230719 Page 14 Of 20

Page 24 of 32
 Page 23 of 30

Pollution Prevention and Good Housekeeping for Municipal Operations

Staff Interviewed: Robert Miller, Public Services Director.
(Name, Title, Role)

Permit Citation

ll.G.2.a
Program Requirement

The permittee maintained a current inventory of facilities and operations owned

E Doc No.

Facility Inventory and operated by the permittee with the potential for generating polluted No ---

stormwater runoff.
Fleet vehicles maintained done off site. Stored Municipal operations center. 3 fire departments.
|l.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.

If yes, the O&M program specifies the frequency of routine maintenance

requirements.

If yes, the permittee evaluated the O&M program annually and updated it as
necessary.

No O&M Plan
|I.G.2.c

Spill Response The permittee had written spill response procedures for municipal operations. Yes 12
Procedures
Spill prevention response procedures,
l|.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 of street cleaning BMPs documented.
||.G.2.f
The permittee maintained and implemented an O&M program for the stormwater
0&M for Catch
sewer system including catch basins and conveyance systems that it owns and No ---
Basins and
maintains.
Conveyance Systems
No O&M Plan has been created/developed.
ll.G.2.g The permittee maintained a current inventory of municipally—owned or operated
Structural structural stormwater controls installed for compliance with the permittee’s post- Yes 13
Stormwater Controls construction ordinance.

NCSOOO-416_LelandMS4 Audit_20230719 Page 15 Of 20

Page 25 of 32
 Page 24 of 30

Pollution Prevention and Good Housekeeping for Municipal Operations

ll.G.2.h The permittee maintained and implemented an O&M program for municipally-
O&M for Structural owned or maintained structural stormwater controls installed for compliance with Yes 14
Stormwater Controls the permittee’s post—construction ordinance. If yes, then:

The O&M program specified the frequency of inspections and routine Not
maintenance requirements. Reviewed

The permittee documented inspections of all municipally—owned or maintained Not

structural stormwater controls. Reviewed

The permittee inspected all municipally—owned or maintained structural Not

stormwater controls in accordance with the schedule developed by permittee. Reviewed

The permittee maintained all municipally—owned or maintained structural Not

stormwater controls in accordance with the schedule developed by permittee. Reviewed

The permittee documented maintenance of all municipally—owned or Not

maintained structural stormwater controls. Reviewed

ll.G.2.i
The permittee ensured municipal employees are properly trained in pesticide,
Pesticide’ Herbicide
and Fertilizer
herbicide and fertilizer application management.
es

Appii°ati°" The permittee ensured contractors are properly trained in pesticide, herbicide and
Management - - - - Ye‘ "'

fertilizer application management.

The permittee ensured all permits, certifications, and other measures for
applicators are followed.

Municipality is in discussions about providing training.

|l.G.2.j i

The permittee implemented an employee training program for employees involved

staff Trainingu a
Yes 6
in implementing pollution prevention and good housekeeping practices.

Annual Training.
ll.G.2.k The permittee described and implemented measures that prevent or minimize
. . . . .
Vehicle and contamination of stormwater runoff from all areas used for vehicle and equipment Appnzgble
N
---

EquipmentCleaning cleaning.
Fleet vehicles are washed o?site.

NCSO0O416_Leland MS4 Audit_20230719 Page 16 of 20

Page 26 of 32
 Page 25 of 30

Site Visit Evaluation: Municipal Facility No. 1

Facility Name: Date of Site Visit:
Municipal Ops July 19, 2023
Facility Address: Facility Type (Vehicle Maintenance, Landscaping, etc.):
1987 Andrew Jackson Highway Public Works
Name of MS4 inspector(s) evaluated: Most Recent MS4 Inspection (List date and name ofinspector):
Robert Miller, Public Services Director & Town Engineer None
Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit:
Name Title
Robert Miller Public Services Director

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?
Annual SW Training.
Inspector Training] Knowledge
What type of stormwater training does the MS4 inspector receive? How often?
Annual SW Training.
Did the M54 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
Yes.
'

Did the M54 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
Yes.
Inspection Procedures
Does the M54 inspector’s process include the use of a checklist or other standardized form?
No.
Does the M54 inspector's process include taking photos?
No.
Does the MS4 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:
Inspection procedures are in development.
Does the M84 inspector's process include presenting the inspection findings to the facility contact?
No.
Inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
Chemical storage issues were observed in various locations. Corrective actions will be determined by the permittee.
If compliance corrective actions were identified, what timeline for correction/follow—up was provided?
Not determined during the inspection.

NCSO00416_Le|and MS4 Audit_20230719 Page 17 of 20

Page 27 of 32
 Page 26 of 30

Site Visit Evaluation: Municipal Facility No. 2

Facility Name: Date of Site Visit:
Fire/RescueStation 52 July 19, 2023
Facility Address: Facility Type (Vehicle Maintenance, Landscaping, etc.):
1379 River Road SE Fire Department
Name of M54 inspector(s) evaluated: Most Recent MS4 Inspection (Date and Entity):
Robert Miller None.
Name(s) and Title(s) of Facility Representative(s) Present During the Site Visit:
Name Title

None

Facility Documentation/Training
Does the facility have a Stormwater Pollution Prevention Plan (SWPPP) or similar document? Is it faci|ity—specific?
No.
What type of stormwater training do facility employees receive? How often?
None.
Inspector Training/Knowledge
What type of stormwater training does the M54 inspector receive? How often?
Annual SW Training.
Did the M54 inspector appear knowledgeable about Permit requirements for pollution prevention and good housekeeping?
Yes.
Did the M54 inspector appear knowledgeable about stormwater pollution prevention and good housekeeping?
Yes.
Inspection Procedures
Does the M34 inspector's process include the use of a checklist or other standardized form?
No.
Does the M54 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 M54 inspector's process include walking the entire facility and inspecting all points of discharge?
No.
Did the M54 inspector miss any obvious areas of concern? If so, explain:
No.
Does the M54 inspector’s process include presenting the inspection findings to the facility contact?
No.
inspection Results
Did the facility inspection result in any corrective actions to be implemented? If so, for what issue(s)?
Inspection procedures still being developed by the permittee.
If compliance corrective actions were identified, what timeline for correction/fo||ow—up was provided?
Not determined during the inspection.

NCSOOO416_Le|and MS4 Audit_20230719 Page 18 01°20

Page 28 of 32
 Page 27 of 30

Site Visit Evaluation: MS4 Outfall No. 1

Outfall ID Number: Date of Site Visit:
Not identified. July 19, 2023
Outfall Location: Outfall Description (Pipe Material/Diameter, Culvert, etc.):
1379 River Road SE RCP
Receiving Water: is Flow Present? If So, Describe (Color, Approximate Flow Rate,
Not reviewed. Sheen, Odor, Floatables/Debris, etc.):
Most Recent Outfall Inspection/Screening (Date):
None. Submerged/woody debris buildup
Days Since Last Rainfall: Inches:
Not reviewed. N/A
Name of M54 |nspector(s) evaluated:
Robert Miller

Inspector Trainingl Knowledge

What type of stormwater training does the M54 inspector receive? How often?
Annual SW training.
Did the M54 inspector appear knowledgeable about illicit discharge indicators and investigations?
Yes.
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 M54 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)?
Not determined during the inspection.
Will a fol|ow—up outfall inspection be conducted? If so, for what reason?
No. Inspection procedures still being developed by the permittee.

NCSOOO4l6_Leland MS4 Audit_20230719 Page 19 of 20

Page 29 of 32
 Page 28 of 30

Site Visit Evaluation: Post-Construction Stormwater Control Measure No. 1

Site Name: Date and Time of Site Visit:
Fire/RescueStation 52 July 19, 2023
Site Address: SCM Type:
1379 River Road Wet Pond
Most Recent MS4 Inspection (Include Date and Entity):
None.
Name of MS4 |nspector(s) evaluated: Most Recent MS4 Enforcement Activity (Include Date):
Robert Miller None.
Name(s) and TitIe(s) of Site Representative(s) Present During the Site Visit:
Name 1
None.

Site Documentation
Does the site have an operation and maintenance plan?
Yes.
Does the site have records of annual inspections? Are they performed by a qualified individual?
No.
Inspector Training/Knowledge
What type of stormwater training does the M54 inspector receive? How often?
Annual SW Training.
Did the MS4 inspector appear knowledgeable about MS4 requirements for post—construction site runoff controls?
Yes.
Did the M54 inspector appear knowledgeable about post—construction BMPs (general purpose/function, components, O&M
requirements, etc.)?
Yes.

Inspection Procedures
Does the M54 inspector's process include the use of a checklist or other standardized form? What format?
No.
Does the MS4 inspector's process include taking photos?
No.
Does the MS4 inspector's process include reviewing the site's operation and maintenance plan and records of annual inspections?
No.
Does the M54 inspector's process include walking the entire site and inspecting all points of discharge?
No.
Did the MS4 inspector miss any obvious operation and maintenance deficiencies? If so, explain:
No.
Does the M54 inspector's process include presenting the inspection findings to the site contact in writing?
No.
Compliance/Enforcement
Inspection procedures being developed by the permittee.

MS4 Audit_20230719
NCSOOO-’-116_Le|and Page 20 Of 20
Page 30 of 32
 Example Council Resolution of Commitment to implement a Compliant NPDES MS4 Program
Page 29 of 30

Resolution No.2 ##1##

Date Adopted: ###

RESOLUTIONAFFIRMING THE MS4NAME COUNCIL'SSUPPORT

REGARDING IMPLEMENTATION OF A COMPLIANT NPDES MS4 STORMWATER PROGRAM

A RESOLUTIONto develop and implement a compliant stormwater management program that meets
the requirements of the MS4NAME National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit number NCS### to discharge stormwater, inclusive of the
required Stormwater Management Plan to be prepared by the MS4NAME and approved by the North
Carolina Department of 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 Permits are issued by the North Carolina Department of
Environmental Quality; and

WHEREAS,the North Carolina Department of Environmental Quality issued the MS4NAME its third
NPDES MS4 Permit for discharge of stormwater on DATE; and

WHEREAS, the MS4NAME was issued Notice of Violation number NOV—###—###

on DATE for
noncompliance with the issued NPDES MS4 Permit; and

WHEREAS, the MS4NAME acknowledges the specific Notice of Violation requirement to 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 for the balance of permit requirements not specifically audited by the North
Carolina Department of Environmental Quality, and to develop a draft Stormwater Management Plan to
comply with Section 402(p)(3)(B)(iii) of the Clean Water Act, 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 12ODaysFromNOVDate for review and approval; and

WHEREAS,the MS4NAME acknowledges the specific Notice of Violation requirement to adopt a Council
Resolution to implement a compliant and enforceable stormwater management program as defined by
both the NPDES MS4 Permit number NCS### and the required new Stormwater Management Plan, and
said resolution is to be submitted to the North Carolina Department of Environmental Quality no later
than 6ODaysFromNOVDate; 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 Department of Environmental Quality

enforcement action and penalties could result from non—compliance with the specific requirements in
Notice of Violation number NOV—###—###; and

Page 31 of 32
 Example Council Resolution of Commitment to Implement a Compliant NPDES MS4 Program
Page 30 of 30

WHEREAS, the MS4NAME acknowledges that 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 NPDES MS4 Permit.

NOW, THEREFORE,BE IT RESOLVEDthat the Council of the MS4NAME hereby affirms its support for
development and implementation of a compliant NPDES MS4 Stormwater Program.

NAME, Mayor NAME, Town Manager

NAME, Stormwater Program Administrator NAME, Town Clerk

ADOPTED BYthe City Council of the MS4NAME, North Carolina the clay of , 2019 and
signed in authentication thereof the clay of ,2019.

Page 32 of 32