NCS000584_Lexington Self-Audit 20201201

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PROGRAM SELF -AUDIT REPORT
NPDES PERMIT NO. NCS000584
LEXINGTON, NORTH CAROLINA
28 West Center Street
Lexington, North Carolina 27292
Audit Date: September 29, 2020
Report Date: November 3, 2020
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
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Audit Date: September 29, 2020

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
TABLE OF CONTENTS
AuditDetails..................................................................................................................................................1
PermitteeInformation..................................................................................................................................2
SupportingDocuments................................................................................................................................. 3
Post -Construction Site Runoff Controls........................................................................................................4
Total Maximum Daily Loads (TMDLs)...........................................................................................................9
Appendix A: Supporting Documents
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 impl 'lement the approved
Stormwater Management Plan in accordance with the issued permit.
Audit Date: September 29, 2020 ii

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
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Audit Date: September 29, 2020 iii

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Audit Details
Audit ID Number:
Audit Date(s):
NCS000584 Lexington MS4 Audit 20200929
September 29, 2020
Minimum Control Measures Evaluated:
❑ Program Implementation, Documentation & Assessment
❑ Public Education & Outreach
❑ Public Involvement & Participation
❑ Illicit Discharge Detection & Elimination
❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program
❑ Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program
® Post -Construction Site Runoff Controls
❑ Pollution Prevention and Good Housekeeping for Municipal Operations
® Total Maximum Daily Loads (TMDLs)
Field Site Visits:
❑ Municipal Facilities. Number visited: 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.
Inspector Conducting
Audit
Name, Title
Organization
Zack MacKenzie, Stormwater Administrator
City of Lexingtor
Audit Report Author: Zack MacKenzie
Date:
Signature �
1 I /3/ 2 a 2 0
Audit Report Author:
Date
Signature
Audit Date: September 29, 2020
Page 1 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Permittee Information
MS4 Permittee Name:
City of Lexington
Permit Effective Date:
November 11, 2016
Permit Expiration Date:
November 11, 2021
City, State, ZIP:
28 West Center Street, Lexington, NC, 27292
Date of Last MS4 Inspection/Audit:
July 23, 2020
Co-permittee(s), if applicable:
Permit Owner of Record:
Terra Greene
Primary MS4 Representatives Participating in Audit
Name, Title
Organization
Roger Jones, Public Services Manager
City of Lexington
MS4 Receiving Waters
Waterbody
Classification
Impairments
Swearing Creek
C
303(d), Ecological/Biological Integrity of Benthos
Rat Spring Branch
C
None
Tar Creek
C
None
North Potts Creek (Michael Branch)
C
None
Abbotts Creek
C
Ecological/Biological Integrity of Benthos
Abbotts Creek
WS-V, B
303(d), Fecal Coliform, Copper, Nutrients,
Ecological/Biological Integrity of Fish,
Ecological/Biological of Benthos
Audit Date: September 29, 2020 Page 2 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Supporting Documents
Item
Number
Document Title
When Provided
(Prior to/During/After)
Land Development Ordinance Chapter 12, Article 1, Sections 3.11-3.18
Prior to
2
Stormwater Management Plan
Prior to
3
AWCK Contract
Prior to
4
Stormwater Management Permit
Prior to
5
Operation and Maintenance Agreement
Prior to
6
Stormwater Control Measure Map
Prior to
Audit Date: September 29, 2020 Page 3 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Post -Construction Site Runoff Controls
Staff Interviewed: Roger Jones, Public Services Manager
(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 Low2006-246 section below):
❑ Water Supply Watershed I (WS-1) —15A NCAC 213.0212
❑ Water Supply Watershed II (WS-11) —15A NCAC 26 .0214
❑ Water Supply Watershed III (WS-III) —15A NCAC 2B .0215
❑ Water Supply Watershed IV (WS-IV) —15A NCAC 213.0216
❑ Freshwater High Quality Waters (HOW) —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 -Pamlico River 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 MS4 permitted area (check all that apply):
❑X DEQ model ordinance
❑ MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000.
❑ DEQ approved comprehensive watershed plan
❑ DEQ approved ordinance for a deemed -compliant Program (see list above)
Instructions:
For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below.
For MS4s implementing a S.L. 2006-246 deemed -compliant program, complete the Session Law 2006-246 section below. If the MS4
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.
Audit Date: September 29, 2020 Page 4 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Post -Construction Site Runoff Controls
Permit Citation
Program Requirement
Status
Supporting
Doc No.
II.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
Management Program.
If yes, the ordinance applies throughout the corporate limits of the permittee
(Verify permit coverage area listed in Part I.D of permit and modify
Yes
1,2
accordingly).
The permittee has the authority to review designs and proposals for new
development and redevelopment to determine whether adequate stormwater
Yes
1,2
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
evaluate compliance with the Post -Construction Stormwater Management
Yes
1,2
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
1,2
related to stormwater discharges.
Lexington has adopted the NCDEQ model ordinance for stormwater regulations. These regulations are enforceable within the city
limits of Lexington (Ordinance Sections 3.11.5 and 3.11.8, SWMP Section 7.5). The Stormwater Administrator has the authority to
issue Stormwater Permits and review site and SCM Design plans for new development and redevelopment (Ordinance Sections
3.12 and 3.13.6, SWMP Section 7.5). The City of Lexington has a right of entry to inspect any facilities or practices related to
storm water discharges (Ordinance Sections 3.14.4 and 3.15.4).
II.F.2.b
Stormwater Control
The permittee utilizes strategies which include SCMs appropriate for the MS4.
Yes
1, 2, 4
Measures (SCMs)
SCMs comply with 15A NCAC 02H .1000.
Yes
112,4
Lexington adheres to the criteria and standards of the NCDEQ Stormwater BMP Manual for review and approval of acceptable
stormwater treatment practices (Ordinance Sections 3.11.10 and 3.13.6, SWMP Section 7.5). A Stormwater Management Permit
Application must be submitted and approved before development of a site begins.
II.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
that disturb less than one acre that are part of a larger common plan of
Yes
3,4
development or sale).
If yes, the site plan reviews addressed how the project applicant meets the
performance standards.
Yes
3,4
If yes, the site plan reviews addressed how the project will ensure long-term
Yes
3, 4, 5
maintenance.
Site plans are currently reviewed for stormwater control design and standards by Josh Johnson at Alley, Williams, Carmen, &
King. Plans are reviewed to ensure compliance with the standards of the NCDEQ Stormwater BMP Manual. A signed and sealed
Operation and Maintenance Agreement is required with the application for a Storm water Permit. Notes are also included on site
plans stating that owners are responsible for maintenance of structural BMPs.
Audit Date: September 29, 2020 Page 5 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Post -Construction Site Runoff Controls
II.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
Partial
6
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
Partial
6
requirements.
There is no official inventory, however, documents are kept on hand related to the stormwater approval process (e.g. site plans,
inspection records, maintenance agreements, correspondence, etc.). Since the issuance of the NPDES Permit, three new private
development projects have begun that triggered stormwater regulations. To date, none of the SCMs associated with the sites
have been completed. There have been no public projects requiring permanent stormwater control. The three SCMs under
construction in the city limits have been mapped.
II.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
1
and Protective
consistent with approved plans.
Covenants
Lexington ordinance states
that the approval of a storm water permit requires an enforceable restriction on property usage that
runs with the land, such
as a recorded deed restriction or protective covenants, to ensure that development activities maintain
the project consistent
with approved plans (Ordinance Section 3.13.4).
II.F.2.f
The permittee implemented or required an operation and maintenance plan for
Mechanism to
the long-term operation of the SCMs required by the program.
Yes
1, 2, 4, 5
Require Long-term
Operation and
The operation and maintenance plan required the owner of each SCM to perform
Maintenance
and maintain a record of annual inspections of each SCM.
Yes
1, 2, 4
Annual inspection of permitted structural SCMs is required to be performed by a
qualified professional.
Yes
1,4
Operation and Maintenance Plans are required to be submitted with the Operation and Maintenance Agreements. The O&M
Plans and Agreements note that the owners are responsible for annual maintenance and inspections and submittal of the
inspection reports to the city. Lexington stormwater ordinance and the stormwater permits state that a qualified professional
must perform the annual inspections (Ordinance Section 3.14.1, SWMP Section 7.5). The Operation and Maintenance Plans are
obtained from the NCDEQ website.
II.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
NA
---
Structural
is a permit condition in Part II.F.2.g of permit 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
Partial
---
completion (Verify this is a permit condition in Part II.F.2.g of permit and modify
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 II.F.2.g of permit and modify accordingly.
The permittee documented and maintained records of inspections.
NA
---
Audit Date: September 29, 2020 Page 6 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Post -Construction Site Runoff Controls
The permittee documented and maintained records of enforcement actions.
NA
---
The three SCMs at new private development projects within Lexington city limits have not yet been completed. Records (mostly
photographs and correspondence) have been kept of inspections during the construction process. Mod Wash was issued a
Certificate of Occupancy before the bioretention area was completed. Hampton Inn was issued a Certificate of Occupancy before
the underground detention system was cleaned out for final inspection but there is a bond in place. There is no written inspection
program for SCMs.
II.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
appropriate for developers.
Training for
Note: New materials may be developed by the permittee, or the permittee may use
Partial
4
Developers
materials adopted from other programs and adapted to the permittee's new
development and redevelopment program.
A link to the city's stormwater ordinance can be found on the Lexington Stormwater page of the city website. Stormwater
permits contain a list of required items to include on stormwater management plans and a list of documents required for permit
approval and final certificate of compliance. There are no Stormwater Management Permit templates on the website. There are
no templates of the other documents relevant to the permit on the website (e.g. Operation and Maintenance Agreements,
Operation and Maintenance Plans, required stormwater notes for site plans and plats, inspection forms, etc.). A link to the
NCDEQ Stormwater Design Manual is provided on the website.
II.F.2.i Enforcement
The permittee tracked the issuance of notices of violation and enforcement
NA
---
actions.
If yes, the tracking mechanism included the ability to identify chronic violators
for initiation of actions to reduce noncompliance.
NA
---
Given that there are no completed post -construction SCMs, there has been no need for enforcement actions. There have been no
Notices of Violation issued to any of the three active sites during the construction phase.
II.F.3.b
The permittee fully complies with post construction program requirements on its
New Development
own publicly funded construction projects.
NA
---
Since the issuance of the permit, there have been no public projects that have met the criteria to require permanent post -
construction stormwater control.
Audit Date: September 29, 2020 Page 7 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Post -Construction Site Runoff Controls
II.F.3.c
Does the MS4 have areas draining to Nutrient Sensitive Waters (NSW) pursuant to
Nutrient Sensitive
15A NCAC 02H .0150?
No
---
Waters
If yes, does the permittee use SCMs that reduce nutrient loading in order to
meet local program requirements.
NA
If yes, does the permittee also still incorporate the stormwater controls
required for the project's density level.
NA
If yes, does the permittee also require documentation where it is not feasible to
use SCMs that reduce nutrient loading.
NA
According to the NCDWR Surface Water Classifications map, none of the receiving waters in Lexington are classified as Nutrient
Sensitive Waters. All receiving waters are Class C except for Abbotts Creek Arm of High Rock Lake, which is classified as INS-V, B.
II.F.3.d
The permittee ensured that the design volumes of SCMs take into account the
Design Volume
runoff at build out from all surfaces draining to the system.
Yes
1,2
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
NA
---
streets, driveways, and other impervious surfaces.
Lexington adheres to the criteria and standards of the NCDEQ Stormwater BMP Manual for review and approval of acceptable
stormwater treatment practices (Sections 3.11.10 and 3.13.6, SWMP Section 7.5). Since the issuance of the permit, there have
been no public projects that have met the criteria to require permanent post -construction stormwater control.
Audit Date: September 29, 2020 Page 8 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Total Maximum Daily Loads (TMDLs)
Staff Interviewed:
Roger Jones, Public Services Manager
(Name, Title, Role)
Program Status:
❑X The permittee is not subject to an approved TMDL (skip the rest of this section).
❑ The permittee is subject to an approved TMDL for: name of parameter(s) and date(s) approved
There ❑ is ❑ is not a Waste Load Allocation (WLA) in the approved TMDL (If there is a WLA, then complete items II.H.1-5
below. If there is not a WLA, skip to item II.14.6 below)
Permit Citation Program Requirement Status supporting
Doc No.
II.H.3 TMDLs Within 12 months of final TMDL approval, the permittee's annual reports included
a description of existing programs, controls, partnerships, projects and strategies to
address impaired waters.
Within 12 months of final TMDL approval, the permittee's annual reports provided
a brief explanation as to how the programs, controls, partnerships, projects and NA
strategies address impaired waters.
Based on the most recent TMDL Final Report for the Yadkin -Pee Dee River Basin on the NCDEQ website, no waterbodies in
Lexington are subject to a TMDL.
II.H.4 TMDLs
Within 24 months of final TMDL approval, the permittee's annual reports included
an assessment of whether additional structural and/or non-structural BMPs are
NA
necessary to address impaired waters.
Within 24 months of final TMDL approval, the permittee's annual reports included
a brief explanation as to how the programs, controls, partnerships, projects and
NA
strategies address impaired waters.
Comments
II.H.S TMDLs
Within 36 months of final TMDL approval, the permittee's annual reports included
a description of activities expected to occur and when activities are expected to
NA
occur.
Audit Date: September 29, 2020 Page 9 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
Total Maximum Daily Loads (TMDLs)
Comments
II.H.6 TMDLs
If there is no Waste Load Allocation in the approved TMDL, the permittee
evaluated strategies and tailored and/or expanded BMPs within the scope of the
six minimum measures to enhance water quality recovery strategies in the
NA
watershed(s) to which the TMDL applies.
The permittee described strategies and tailored and/or expanded BMPs in their
Stormwater Management Plan and annual reports
NA
Comments
Audit Date: September 29, 2020 Page 10 of 11

MS4 Permit Audit Report
Lexington, NC: NPDES Permit No. NCS000584
APPENDIX A: SUPPORTING DOCUMENTS
Audit Date: September 29, 2020 Page 11 of 11