City of Fargo

2015 ANNUAL STORMWATER REPORT FOR PERMIT NDR04-00000

By Kevin Morlan

  INTRODUCTION/NARATIVE  This annual report summarizes the 2015 activities performed by the City of Fargo and our core partners to fulfill requirements outlined in the MS4 Discharge Permit NDR04‐00000. The report evaluates program compliance and assesses the appropriateness of Fargo’s stormwater BMPs utilized throughout the year. Finally, program goals for the 2016 calendar year will be discussed throughout this report.  The City of Fargo (100,000 population) is located on the flat, fertile plains of the Red River of the North. The City is a transportation hub located at the junction of two Interstate Highways (I29, I94) and is serviced by BNSF Railway and an international airport.  Primarily an agricultural community Fargo has a strong educational/government base with a growing medical and information base.    The area’s flat, sediment‐laden lake bed environment provides for not only exceptionally fertile cropland but also presents special challenges during the spring melt.  This is due to the northerly flow of the Red River which results in frequent flooding, occasionally extreme.     

             Storm Water Drainage System Fargo’s corporate limit is some 50 square miles positioned in an elongated north/south orientation, approximately 12 (long) x 5 (wide) miles.  Within Fargo, stormwater runoff from buildings, roadways and other impervious surfaces is collected and conveyed through public drainage facilities, collectively, the Fargo Storm Sewer System.   This utility designs, plans, inspects and maintains the storm sewer system.             

Red River Basin The Red River is a feature of the Red River Basin, a vast (45,000 square miles), northerly flowing and international drainage system.   Red River of the North Uniquely, the Red River of the North indeed does flow north, terminating at Lake Winnipeg, Manitoba, Canada.    Topography/soils Flat, glacial lake bottom best describes the Fargo area landscape.   Formed by the retreat of a vast glacial lake called Agassiz, the underlying soils are mostly comprised of heavy clays.    These clays have expansive properties and are extremely cohesive. 

Fargo Storm Sewer SystemArea = 50 square miles   Miles of Pipe = 512 Inlets = 13,338 Legal drains = 6 Storm Lift Stations = 75 

Red River Basin 

 Summary and General Discussion of 2015 SWPPP Activities  The City of Fargo continued to develop and incorporate best management practices (BMPs) into our storm water program activities across the six Minimum Control Measures. The following is a brief discussion of the City’s 2015 activities as they relate to the control measures and their appropriate effectiveness. Specific supporting documentation is included in the discussion of each individual control measure.                  Features of the system include lined, open ditch (legal) drains, nearly 512 miles of pipe, approximately 13,300 inlets, regional/private detention/retention ponds and 75 lift stations to drain storm water.   System surface waters can and are often routed long distances before entering the Red River.     Below are current maps (scalable on the pdf version) for the Fargo Storm Sewer System and legal drains. 

In general Fargo’s Stormwater Management Program meets or exceeds the minimum requirements of the NDR04.  

1) All of the BMPs developed by the program are effective in reducing pollutants and appropriate to the class of mitigation (structural or non‐structural).  

2) The stormwater activities for 2016 will closely align with those described in this report. 3) There are no changes to identified BMP during the reporting year. 4) River Keepers, provides and delivers a significant contribution for public education/outreach and 

participation MCM I & II.  The programming delivered by our partner exceeds the minimum requirements of his permit. 

5) Outfall inspection are conducted at intervals greater than required for non‐compliance and functionality.  Deficiencies are noted and referred to appropriate management level.  

 

         

PROGRAM COMPONENTS The six Minimum Control Measures (MCM) comprising the City of Fargo Storm Water Management Plan are explained in detail below. These control measure are specifically required in the North Dakota Department of Health NDR04-0000, Municipal Separate Storm Sewer System discharge permit.

MCM 1 - Public Education and Outreach on Stormwater Impacts Permit Requirements

Implement a public education program or conduct outreach activities that address stormwater discharge on water quality.

The program must address Illicit Discharge, Construction runoff, Post-construction Management in new areas and Pollution Prevention/good housekeeping for municipal operations.

Program should identify the audience, educational goals and defined activities and have performance measures.

Current Fargo Activities Fargo utilizes a multi-faced educational and outreach program. The Public Education Activities are a team effort between the primary entity (Storm Utility Department), other city departments and core partners. Target audiences include elementary children and the public at large.

River Keepers provides and conducts the main education curriculum with assistance from storm division staff and financial assistance from the City. The main educational activities are the red river water festival, backpack program, goecache, Interpretive signs, and river friendly house and yard management. In addition, River Keepers promotes water quality concepts with a permanent demonstration site in south Fargo called the Living Lab. Additionally this non-profit entity utilizes door hangers, factsheets, factual email and civic events to deliver their message. Stormwater staff participates in the River Keeper activities, conducts public/classroom speaking, purchases billboard time, distributes factsheets, writes articles in the City’s newsletter Snapshots and maintains a website. School classroom presentations/curriculum was provided by the city recycling coordinator for elementary, prep and college levels. How recycling aids the environment is the central theme. Staff also conducts specific construction related stormwater training to local contractors and development students at NDSU via guest lectures. Training is also conducted with other city departments and the Fargo Park District.

Additionally, the City partners with Red River Basin Commission, International Water Institute and other departments/agencies to promote water quality awareness. The partner agencies use a variety of media to convey their message including printed brochures, radio spots and event participation booths.

Web based education and information is reviewed and updated annually at www.cityoffargo.com\stormwatermanagement. The site offers information and links about the stormwater programming environment.

Appropriateness and effectiveness to goals: These educational activities undertaken in 2015 are directly beneficial to the public but are difficult to quantify. Structured educational programming is identifiable by the participation numbers. For example, the Red River Water Festival had over 2,000 participants in 2015. That’s an increase of over 500 students from 2014. This festival is an outdoor, elementary classroom program focusing on the benefits of water quality. MCM 1 Future Goals: We will continue our current programing and also explore new opportunities of education and outreach to further promote water quality and stormwater pollution prevention in 2016.

MCM 2 - Public Participation and Involvement Permit Requirements

Provide opportunity for public involvement and input on the Stormwater Management Program.

Current Fargo Activities Significant floodplain issues exist in the city which promulgates significant public input. Floods, FEMA remapping, flood sales tax issues and permanent flood protection concerns are debated publically. With respect to stormwater public input, comments are garnered though partnership entities and feedback on specific projects or incidents concerning floodplain activities. The public also has an opportunity to respond to legal notices, infrastructure construction (public works, forestry, etc. Our core partner for education and outreach is the environmental group River Keepers who we provide financial, technical and staff support. The public is openly recruited to participate in River Keeper activities like the Storm Drain Marking Program and a host of other similar environmental educational and outreach programming. River Keeper’s offers a more robust, diverse activity roster than city departments are capable of providing. Such activities are offered throughout the year. Find more information about River Keepers at www.riverkeepers.org. The City maintains feedback forms on the website along with a host of information on stormwater and environmental health issues. Participation is also solicited by other city departments concerning water, sewers and vacant lots. Measurable feedback can be determined from the level of public input during flood meetings, flood fighting or related projects. The City of Fargo continues working on The Fargo Project to transform a neighborhood drainage basin into a community “commons” that will reflect the cultural vibrancy of the Fargo community. Meanwhile, the basin will maintain its function as a storm water collection site. Read more about this project at www.thefargoproject.com.

Appropriateness & effectiveness to goals. Measurable feedback can be determined from the level of public input during flood meetings, flood fighting or related projects. All of the participation and involvement activities target the general public and offer participants a closer connection to the water and ecology. Further understanding of the necessity to safeguard water quality is the intended outcome of the various activities. MCM 2 Future Goals: The department will continue to promote and support core partners and programs to recruit volunteer efforts in 2016.

MCM 3 – Illicit Discharge Detection and Elimination (IDDE) Permit Requirements

Develop and maintain MS4 map (pond, streams, lakes and wetlands, pipes and outfalls)

Enact laws to prohibit illicit discharges

Develop plan to address non-stormwater discharges

Develop municipal staff training program for detection recognition (see MCM 6)

Address non-stormwater discharges or flows (sumps, flushing, irrigation and potable)

Current Fargo Activities The City of Fargo maintained its programmatic activities including site plan review, plumbing permits, on-site storm system education and collaboration between Engineering, Street and Environmental Health Departments. For private developments, site plan reviews are required for stormwater discharge. All additions to the system are mapped in our AutoCAD and GIS Systems. Every three years aerial photo and LiDAR data sets are taken for analysis. This data set is available citywide to staff and community partners. In addition to the general I&I program all new underground (rehabilitation or new construction) is now being televised upon completion and the sanitary line is pressure tested to ensure proper installation before the City accepts the project. Storm sewer outfalls were inspected for evidence of contaminants and functionality. Find the 2015 outfall report under the MCM 6 documentation section.

Illegal dumping is controlled via ordinance, department policy and program partners outreach. Illegal discharges are investigated immediately and administered by the appropriate department. For example, those reports involving a restaurant grease dumping would be referred to Fargo Cass Public Health – food inspection division. An illegal connection is referred to public works for remedy or testing. All hazardous material exposure incidents are responded to by the Fargo Fire Department’s HASMAT Team. These departments would take the lead and Storm Sewer Utilities would act as support. Storm sewer is lead on all other types of non-conforming incidents Education and outreach is conducted in concert with MCM 1 and 2 along with staff site visits to incident areas. Factsheets or violations are also used to educate the public and business on illegal dumping. City staff training for IDDE is conducted in conjunction with MCM 6. Appropriateness & effectiveness to goals: This active program meets control requirements and effectively identifies non-conforming conditions. MCM 3 Future Goals: The current IDDE program is effective today and will be enhanced in the near future with management control software. Software integration will allow more system reporting to better understand and identify inefficiencies throughout the system.

Chapter 37 of the Fargo City Ordinance strictly governs stormwater quality regulations. Refer to the City of Fargo’s stormwater management ordinance online at www.cityoffargo.com (search city ordinance). Violations issued for illicit discharge are similar to construction site violations. See example below. Recordation of floodplain and stormwater related issues/inquiry are logged on a department tracking sheet. Floodplain and Stormwater Summation Sheet by Month/Year.

Log sheet by day’s entry

Current Storm Sewer System Map

MCM 4 – Construction Site Stormwater Runoff Control Permit Requirements

Develop and enforce a program to reduce construction sediment runoff

Adopt ordinance with non-compliance penalty requiring sediment control

Ordinance must address construction site waste controls, concrete washout and non-stormwater discharges

Procedures for site plan review

Procedures for inspection and enforcement of control measures Current Fargo Activities Since 2006 the Fargo Stormwater Utility has administered a comprehensive construction site pollutant control program (aka Stormwater Program, ESC Program or ESC Permit, etc.). Chapter 37 of the Fargo Municipal Code sets forth the program parameters which meets all state mandates and is more restrictive in some instances. The program’s components include a site plan review process (check list) or guidance document (homebuilders), specified forms, punitive penalty for non-compliance (fee, stop work order or legal action) and patrol. Program Requirements Permitting All land disturbing activities in excess of 5,000 square feet must apply for an Erosion and Sediment Control Permit (ESC Permit). The ESC Permit application requires operators of commercial sites to submit a site plan (SWPPP) with all related BMPs and pollution potentials addressed including type and location on the site. Homebuilders subscribe to the department’s Stormwater Guide verses SWPPP submittal. Site Plan Review The plan review process on commercial sites accesses common construction pollution potential and control measure provided by the plan designer. Plan design specifications may be situation specific or referenced to the City of Fargo Standard Specification (Section 3300 and others). Attention is given to appropriate BMPs, track-off (wash or blow), temporary entrances, stock piles, concrete washouts (grindings and mortar) and dewatering for erosion and sediment conditions. Shortfalls are discussed with the plan designer or site superintendent during the on-site evaluation shortly after construction begins. During the Commercial Compliance Inspection, the operation’s on-site BMPs are discussed in a plan to field condition.

Patrol/Remedy Construction sites are patrolled on a rotating daily basis for compliance. Non-conforming incidents may be addressed via personal interaction with site operator, phone call or issuance of a Notice of Violation / Order to Correct (NOV). The NOV is delivered to the permitee on site owner via email, fax or business address as specified on the ESC Permit. All infractions have a 48-hour correction period with the exception of a live discharge which requires immediate response. Public Input All public input is evaluated and recorded on at large are recorded on the Drainage Complaint Log. This is a general ledge of all public contact across Floodplain and Stormwater related issues. Topics of merit are conveyed back to the site operator via comment or official infraction notice. Partnering The City of Fargo Stormwater Program partners with Fargo-Moorhead Homebuilders Association to develop rules, policy guidance and training. The association is comprised of commercial/residential builders, material and service suppliers and related businesses (developers, relators, etc.) In addition, we are in a cooperative agreement with NDSU (another MS4) for construction Erosion and Sediment Control permitting and enforcement programming. Appropriateness and effectiveness to Goals: The program is very strong in identifying construction activity requiring permit, recognizing insufficient BMPs or their application and executing the necessary compliance consequence. That said, are more violation issuances a cause for concern? There is no doubt that the program is making a positive difference in reducing pollutants from entering the storm system. What remains uncertain is the quantifiable degree of program effectiveness. Factoring in such dynamics as contractor turn-over, weather conditions (prolonged wet/dry), staff workload, etc., the question remains. Yet, our public work’s superintendents have noticed a reduction in the amount of silting they would attribute to construction site runoff. However, only recently has public works begun a quantification of (materials removed) program that tracks sediment removed from conveyances. This data and future reporting will help build a strategic management plan addressing issues beyond construction. MCM 4 Future Goals: The growth of data collection should continue and be formalized into a report that can provide quantitative feedback for this and other MCM requirements

Construction Permit &

Violation Report

2015

Fargo's NPDES construction site pollution control program (MCMC 4) addresses potential pollution

discharging from a construction or disturbed land site and has been in existence since 2006. The program

concentrates on discharges due to water runoff, wind or vehicle tracking. Sediment, garbage, washout

areas, dewatering and stockpiles and access are controlled. This year's annual report again provides

feedback on the effectiveness of our control measures.

PERMITS

In 2015 permits rose from the year previous as did the violations which possibly could be attributed to

multiple inspectors throughout the year. The mix of operators remained largely the same with some flux in

the supervisory positions. Disappointingly BMPs still remain the largest infraction - see the violations

section.

The success rate for permit issuance is excellent implying a general acceptance by operators.

Revenue generated from permit and associated fees remains but a small percentage of the program's

total operating cost.

Permits

Issued

$

Revenue

Violations

$

Fees

Violations

to Permits

Specific

Infraction

Inspectors

$ Total

Revenue

2016 6 2015 496 $11,282 478 $2,640 96% 691 JP/TS/KM $13,922

2014 434 $10,162 428 $3,240 99% 765 Josh P $13,402 2013 585 $13,393 243 $1,740 42% 455 Josh P $15,133 2012 458 $11,648 307 $1,740 67% 563 Josh P $13,388 2011 395 $8,936 190 $572 48% 408 Josh/Mark $9,508 2010 362 $7,917 229 $390 63% 463 Joe $8,307

2009 362 $7,496 295 $300 81% 477 Craig $7,796 2008 428 $10,785 304 $3,240 71% 575 Mike $14,025 2007 489 $11,636 331 $2,880 68% 1,166 John $14,516 2006 367 $7,460 36 - 10% 36 Steve $7,460 2005 0 $0 0 - 0 0 0 -

Violations

Increases in violations during 2015 align with more permits issued but may also be reflective of

changes in personnel. Inspection staff turned over twice during the year. BMP as an infraction

annually tops the list of infraction because it is a more ambiguous (catch-all) term. All infractions

not specifically denoted independently are grouped into BMP.

Analysis of the BMP category resulted in right-of-way (boulevard) issues more than any other

independent items with the exception of tracking. Boulevard issues vary between materials and

equipment storage to accessing (trespassing) for convenience. Track-off is the nagging problem.

There are several facets to the tracking issue including material delivery, staff (parking & tool

off-load), construction equipment, etc. Compounding these elements is the ever shrinking lot

sizes which muddles traditional construction practices (maneuverability).

Violations

Year NOVs Grass Illegal Illegal Inlet

Issued BMP Buffer Entrance Discharge Protection Permit Tracking Total

2015 478 330 2 62 2 27 47 175 691

2014 428 233 2 67 4 74 37 188 765

2013 243 123 24 76 14 22 67 71 455

2012 307 155 14 155 7 34 119 50 563

2011 190 110 11 51 2 32 44 125 408

2010 229 175 18 66 3 35 56 76 463

2009 295 175 16 93 2 43 38 64 477

2008 304 197 8 130 16 34 44 121 575

2007 351 291 152 340 8 38 178 65 1,166

2006 36 - - - - - - - 36

2005 - - - - - - - - -

Profiling

Contractor

Permits

Violations Leading Infractions

%

to permit

Thomsen Homes 105 100 0.952

Jordahl Custom Homes 71 56 BMP maintenance 0.789

Dabbert Custom Homes 23 7 Entrance installation 0.304

Adams Development 23 62 2.696

Heritage Homes 20 17 0.850

Platinum 15 21 1.400

Krueger Construction 13 13 1.000

Titan Homes 12 18 1.500

Plecity Kowalski Construction 9 11 1.222

Top 9 permit holders

291

59% of permits and

305

64% of all violations. account for

MCM 5 – Construction Post-construction Stormwater Management

Permit Requirements

Develop a post-construction BMPs with a water quality component

Plan must include municipal operations (enclose salt storage, snow dump BMPs, etc.)

Use regulatory mechanism/penalty to address post construction runoff Current Fargo Activities Chapter 37 requires new construction/development submittals to meet the current policy for post construction stormwater requirements. Construction/development applications must submit plans for review/approval with stormwater features: locations, volume and runoff calculations, BMP and maintenance issues. Failure to comply with the requirements of a site plan review results in a no build situation. The City of Fargo has developed a master plan. A major part of the plan addresses the need to control storm water runoff from developed and developing areas. Storm water retention is required for all new developments and included as part of the developer’s master plan. Storm water retention will also be required for new sites in existing developments. Local retention is classified as a retention pond or facilities that provide storm water retention on an individual property or site with impervious surfaces of 65% or greater. Regional retention is generally larger facilities, easily maintained and generally, more cost effective to build. The City of Fargo believes that regional retention provides the most effective method to control localized runoff. The City of Fargo encourages developers to provide regional, rather than local, retention. Regional or area wide retention are classified as publicly constructed retention ponds installed to serve multiple properties or ponds privately built to City Standards within an individual development not exceeding a quarter-section of land and meeting the requirements listed below. The City of Fargo’s storm water retention policy (see next page) is a supplement to the North Dakota Department of Health requirements. All proposed development and redevelopment will be required to, at a minimum, meet the North Dakota Department of Health permit NDR04-0000, effective date July 1, 2009. In scenarios where the City of Fargo’s storm water retention policy exceeds permit NDR04-0000 requirements, the City’s policy shall apply. See the current map for all pond location online www.cityoffargo.com (search storm pond map). Appropriateness & effectiveness to goals: Front end policies are being reviewed and developed to meet current and future requirements. In place policies are being enforced by staff. MCM 5 Future Goals:

Existing programs will be continued and evaluated in 2016.

Devise & implement floodplain/stormwater site plan review check list to aid plan reviews.

2015 Detention Basin (Storm Pond) Map

The Detention Basins (Storm Pond) Map is included annually because it changes.

MCM 6 – Pollution Prevention for Municipal Operations

Permit Requirements

Develop and implement a stormwater training program to reduce stormwater pollution from municipal operations.

Annually inspect structural pollution control devices and 20% of outfalls, snow disposal areas and determine maintenance/repair based on these inspections and keep records of the inspections.

Ensure potential for stormwater pollution is minimized by enclosing salt storage pile and locate snow disposal site using BMPs to minimize litter/sediment from leaving site.

A Stormwater Pollution Prevention Plan (SWPPP) must be developed and implemented for maintenance garages, public works facilities, transfer stations or waste handling facilities.

Current Fargo Activities Stormwater training is provided on a rotating basis for city departments and the Fargo Park District. Employee training proves to be very effective not only for an employee’s current project or day to day tasks but also it provides each individual employee knowledge for detecting possible violations in which they can report accordingly. See all backup examples below. Public Works Maintenance Operations All public stormwater features are inspected at least annually for function, maintenance or repair by the public works/engineering departments. Those inspections requiring repair are forwarded to the engineering department for evaluation. Ponds and basins are inspected during maintenance activities, lined channels are cleaned and inspected annually, outfalls (and lift stations) are inspected both fall and spring. This department also conducts a street sweeping program on a continuous basis during non-winter months. Salt storage operations are covered and not exposed to precipitation. Salt application management continues to use technology to minimize usage. Each department involved with spill potential has a prevention and response plan. See more operational comments below Appropriateness & effectiveness to goals: Front end policies are being reviewed and developed to meet current and future requirements. In place policies are being enforced by staff. A review of these current practices shows that the procedures are sufficiently effective in managing pollution in the stormwater system. This current maintenance program will continue to advance with new technology and technique in 2016. MCM 5 Future Goals:

Existing programs will be continued and evaluated in 2016.

Provide more training opportunity for staff

Public Staff Training Example.

Storm Lift Station Inspection/Cleaning Example

2015 Outfall Inspections Inspection of system outfalls is conducted a minimum of once per year by the Fargo Public Works Department (example below).

River Keepers (RK) also conducts a Storm Drain Marking Program and educational/awareness activities. As part of this program RK documents storm outfalls (pipe) with observations and photos from the river perspective. This aids stormwater staff with another opportunity for observation and moment in time analysis River Keepers “view to bank” outfall picture example.

Snow disposal sites use grass buffers or other BMPs if required and are inspected spring and fall. Maintenance is typically conducted during summer. Site conditions were observed and recommendations made for future operations. We will continue the inspection process and format in 2016. Example of Snow Dump Inspection Summary.

Fargo Cass Public Health The Fargo Cass Environmental Health Department is responsible for pet waste monitoring, complaints and compliance issues. The Fargo Park District places pet waste bags and bins adjacent to many park facilities. We will continue current programming at the same level for 2016 and try to increase the cooperative association with Fargo Cass Environmental Health. Hazardous Materials Incidence Reports documenting accidental spills and their associated cleanup are included with Environmental Health’s reporting requirements.

Solid Waste Department The City of Fargo Solid Waste Division (transfer station and appurtenant operations) operates under another state NPDES permit (SW260). The City maintains 14 public compost collection sites throughout the city that are maintained bi-weekly. Spring Cleanup 2015 occurred in May. The City of Fargo Recycling Coordinator continues to educate elementary students on the importance of recycling. The services provided by the Solid Waste Department offer a great convenience to residents which in turn reduces the amount of garbage, recycling, and hazardous waste products that could potentially enter the storm sewer system. The Solid Waste Department will continue this programming in 2016 and beyond. Review both cleanup week and Household Hazardous Waste quantification.

2015 Recycling Activities

January Educated 75 students at Grace Lutheran Elementary on Reduce, Reuse and Recycle 650 letters sent to all business’ that have a license from the COF health department (bars and restaurants)

February Educated 800 3rd grade students on Reduce, Reuse and Recycle COF Recycling booth at the Home and Garden Show

March Sent letters to 75 residents in condos that currently do not recycling, making them aware that curbside service is available to them

April Phone book recycling annual campaign Careers on Wheels at 3 Fargo middle schools Celebrated Earth Day with 200 + students at Jefferson and Kennedy Elementary Schools eFargo presentation on recycling at the Fargo Theatre

May Electronics Recycling Day Clean Up Week

June Recycling bins placed downtown Fargo

July Project Safe Send

September iFargo article to remind residents to tie their bags of garbage to keep debris from polluting our City

October Worked with NDSU to offer recycling at various Homecoming events

November Christmas Light Recycling is available at HHW thru Jan 2016 America Recycles Day-set up a booth at the Fargo Public Library downtown Worked with 3 different “Lego League” groups from various Elementary Schools in Fargo and gave landfill tours, also provided recepticles for plastic bag recycling to each.

December Recycling Calendars/Info to be sent to approximately 25,000 residents