NCS000584_Lexington NOD-2020-PC-0426_20200825

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
August 19, 2020
CERTIFIED MAIL 7013 1710 0002 1922 4341
RETURN RECEIPT REQUESTED
City of Lexington
Attn: Tarra Greene, City Manager
28 West Center Street
Lexington, North Carolina 27292
Subject: NOTICE OF DEFICIENCY (NOD-2020-PC-0426)
City of Lexington
NPDES MS4 Permit No. NCS000584
Davidson County
Dear Ms. Greene:
On July 23, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the City of Lexington 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 City 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) Submit documentation for review and comment within one hundred twenty (120) calendar
days from the date of receipt of this letter:
D E North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROI.INA
Department of Environmental quality 336.776.9800

Notice of Deficiency
August 19, 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; Section H: Total Maximum Daily Loads. 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 City self -audit.
(3) 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.
(4) 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 [e-mail], or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
If the City 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. l (c) of the permit:
Under state lativ, a daily civil penalty of not more than ttiventy-five thousand dollar's
($25, 000) per violation may be assessed against any person tivho 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 tivith the requirements of this
NOD and/or issuance of civil or criminal penalties levied by DEQ does not preclude the
EPA from carrying olit its oivn enforcement case against the permittee.

Notice of Deficiency
August 19, 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. Reedgncdenr. gov.
Sincerely,
Tamera Epli E
Regional En ineer
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (July 23, 2020, City of Lexington)
Copy of NPDES MS4 Permit No. NCS000584
Corrected COC (with corrected dates)
c: Terra Greene, City Manager (TAGreene@Lexin onnc.�ov_)
Jeanette Powell, DEMLR MS4 Program Coordinator (Jeanette.powell ,ncdenr.gov)
Alaina Morman, DEMLR Stormwater Compliance & Enforcement ([e-mail])
DEMLR NPDES MS4 Permit Laserfiche File