NCS000494_Lewisville NOV-2020-PC-0327_20200818

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
August 6, 2020
CERTIFIED MAIL 7013 1710 0002 1922 4532
-RETURN RECEIPT REQUESTED
Town of Lewisville
Attn: Mike Horn, Mayor
Post Office Box 547
Lewisville, North Carolina 27023
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0327)
Town of Lewisville
NPDES MS4 Permit No. NCS000494
Forsyth County
Dear Mr. Horn:
On July 22, 2020, staff from the North Carolina Department of Environmental Quality (DEQ)
conducted a compliance audit of the Town of Lewisville 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 Lewisville is
required to complete Uie 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.
D E Q�� 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
Noan+crwounu. �' 336.776.9800
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Notice of Violation
August 6, 2020
Page 2 of 3
(3) Submit documentation for review and comment within one hundred twenty (120) calendar
days from the date of receipt of this letter:
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 which etas s sped is
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 Town of Lewisville 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.Reedgncdenr.gov, or to:
DEQ-DEMLR Stormwater Program
Attn: Isaiah Reed
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
the Town of Lewisville tails to meet the atorementioned 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 143-21 S. 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
August 6, 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.Reedkncdenr. og_v.
Sincerely,
Tamera Eplin, P
Division of Energy, Mineral and Land Resources
Enclosures: DEQ MS4 Program Audit Report (July 22, 2020 Town of Lewisville)
Copy of NPDES MS4 Permit No. NCS000494
Sample Council Resolution
c: Lindsey Lengyel (lindsey(a,bluestreamenv.com)
Jeanette Powell, DEMLR MS4 Program Coordinator (jeanette.powelIgncdenr. og_v)
Alaina Morman, DEMLR Stormwater Compliance & Enforcement ([e-mail])
DEMLR NPDES MS4 Permit Laseriiche File