NCC192275_MODIFICATION Supporting Doc OAKWOOD AVE_20210326

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Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
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ROY COOPER
aor.ernor
MICHAEL S. REGAN
Sec)e(nry
TRACY DAMS
Director
October 11, 2017 r _I /� I
LETTER OF APPROVAL
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OCT 1 s 2017
ill
City of Raleigh
ATTN: Ruffin L. Hall, City Manager _...--__._.
OFFICE OFF
PO Box 590 C11v 0F!,%FR m
Raleigh, NC 27602
RE: Project Name: EAST COLLEGE PARK -SINGLE FAMILY LOTS
Acres Approved: 13.3
Project ID: WAKE-2018-027
County: Wake, City: Raleigh, Address: Oakwood Ave.
River Basin: Neuse Stream Classification: Other
Submitted By: John A. Edwards & Company
Date Received by LQS: October 5, 2017
Plan Type: Residential
Dear Sir or Madam:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval
must be posted at the job site. This plan approval shall expire three (3) years following the date
of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A
NCAC 4B .0129.
Please be aware that your project will be covered by the enclosed NPDE5 Construction
Stormwater General Permit NCGO10000. Please become familiar with all the requirements and
conditions of this permit in order to achieve compliance.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file
at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of
periodic inspection to insure compliance with the approved plan.
North Carolina's Sedimentation
Pollution
Control Act is
performance -oriented,
requiring
protection of existing natural
resources
and adjoining
properties.
If, following the
State of North Carolina I Environmental Quality Energy, Mineral, and Land Resources
Raleigh Regional Office � 1628 Mail Service Center � ,Raleigh, NC 27609
919 791 4200

�canuar;ySN North Carolina Division of Energy; -Mineral -and d Land Resources ----
z a NPDES Stormwater Discharge Permit
for Construction Activities
Technical Bulletin for WOO10000
What is this permit?
This is your General Stormwater Permit for Construc-
tion Activities, developed to meet federal National Pol-
lutant Discharge Elimination System (NPDES) re-
quirements. It is separate and in addition to your Ero-
sion and Sedimentation Control (E&SC) Plan.
Federal regulations adopted by the U.S. Environmental
Protection Agency (EPA) and N.C. Environmental
Management Commission require an NPDES storm -
water permit for your project. In North Carolina, the
EPA has delegated authority to administer the NPDES
program to the Department of Environment and Natu-
ral Resources,
The E&SC plan approved by the Division of Energy,
Mineral and Land (DEMLR), or a delegated local pro-
gram, contains the core erosion control requirements
for your project. The NPDES Stormwater General Per-
mit contains additional requirements related to a broad-
er range of water quality issues. These permits are re-
lated, but separate. Both contain conditions your
project site must meet.
Are there new requirements
Wien
Oua(ity
Revised Jan. 12, 2017
in this permit?
This General Permit reflects changes made in the fed-
eral regulations effective Feb. 1, 2010, that regulate
discharges from construction sites. The federal regula-
tions resulted from litigation decisions that mandated
construction activities over a certain size must contain
additional measures to reduce the amount of wastes
and sediment loading that reach the nation's waters.
The Department of Environment and Natural Re-
sources established the Construction General Permit
Technical Advisory Group to guide the development of
this NPDES permit. A draft permit was available for
public review in May 2011, and the final permit be-
came effective on Aug. 3, 2011.
The most notable change in the new permit is a re-
quirement that ground stabilization, such as wheat
straw application, be applied within 14 days from the
last land -disturbing activity. For steep slopes, that area
must be stabilized within 7 days. Please see page 2 of
this technical bulletin for more details.
Do I need to submit a Notice of Intent to have coverage under this permit?
No. Your project is covered by this permit upon approval of an adequate erosion and sedimentation control plan
that meets requirements for surface dewatering of basins and ground stabilization timeframes.
What does this permit require me to do?
You should read and become fa-
miliar with the provisions of this
Erosion and Sediment
Control Plan
You must implement the E&SC
Plan approved for your project by
DEMLR or by a delegated local
program. Adherence to that E&SC
Plan is an en
Your E&SC plan will identify areas
where the more stringent 7- and 14-
day ground stabilization require-
ments apply. See "Ground Stabili-
zation Requirements" on page 2 of
this bulletin.
Monitm•ine and Inspections
♦ You must keep a rain gauge on
the project site.
♦ Dedicated demolition and other
waste areas and earthen material
stockpiles must be located at least
50' from storm drains or streams
unless no alternative is feasible
(new requirement).
♦ You must inspect all E&SC
measures at least once a week and
within 24 hours after any storm
event greater than a half -inch
(during a 24-hour period). You
must take immediate corrective
action for any device failure.
♦ You must inspect all outlets
where stormwater runoff leaves the
site and evaluate the effect on near-
by streams or wetlands.
(continued on reverse side)

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for
CONSTRUCTION ACTIVITIES
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended:
All owners or operators of stormwater point source discharges associated with
construction activities including clearing, grading or excavation activities resulting in
the disturbance of land greater than or equal to one acre, or that are part of a common
plan of development of that size, are hereby authorized to discharge stormwater to the
surface waters of North Carolina or to a separate storm sewer system conveying
stormwater to the surface waters in accordance with the terms and conditions set forth
herein. Failure to receive coverage under this permit or violations of any of the
conditions listed may result in assessment of state or federal civil or criminal penalties
for each day of violation.
The
General
Permit
shall
become effective on August 1,
2016.
The
General
Permit
shall
expire at midnight
on July 31,
2018.
Signed this day July 22, 2016
Original Signed by Toby Vinson
far• Tracy Davis, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Page 1 of 16

SECTION I
COVERAGE UNDER THE GENERAL. PERMIT
Until this State of North Carolina General Permit expires or is modified or revoked, the permittee is
authorized to discharge stormwater in accordance with the terms and conditions of this permit and in
accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division
of Land Resources, Land Quality Section, or a delegated local program under the provisions and
requirements of North Carolina General Statutes in Article 4 of Chapter 113A to the surface waters of
North Carolina or to a separate storm sewer system. The permit, along with state statutes (N.C.G.S.
143-215.1) and rules (NCAC 2H .0100) relating to stormwater permitting are designed to work
together to assure compliance with the NPDES requirements of the Clean Water Act. Furthermore,
North Carolina rules in Title 15A NCAC 2H .0126 adopt by reference the federal stormwater
permitting requirements.
Any other point source discharge to surface waters of the state is prohibited unless covered by another
permit, authorization or approval. The discharges allowed by this General Permit shall not cause or
contribute to violations of North Carolina Water Quality Standards for surface waters and wetlands (15A
NCAC 2B .0200). Discharges allowed by this permit must meet all applicable water quality certification or
permit requirements as outlined in 15A NCAC 2H .0500 and 2H .1300. This permit does not relieve the
permittee from responsibility for compliance with any other applicable federal, state, or local law, rule,
standard, ordinance, order, judgment, or decree.
This General Permit is applicable to point source discharges from construction activities disturbing
one or more acres of land. The application to the Division of Land Resources or a delegated local
program for approval of a local Erosion and Sedimentation Control Plan (E&SC Plan) shall be considered
to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring
this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the E&SC Plan by the Division of Land Resources or delegated local program that includes
the following:
a. Designation on the plans where the specific ground stabilization requirements apply as per Section
II.B.2 of this permit.
b. Designs of basins with surface withdrawal as per Section II.B.4 of this permit.
Prior to the commencement of construction and land disturbing activities, approval of the E&SC Plan shall
be obtained.
This General Permit revision reflects changes made in the federal regulations effective February 1,
2010. The federal regulations were a result of litigation that mandated that construction activities over a
certain size must contain additional specifications that would result in reduced wastes and sediment
loading reaching the nation's waters. The Division of Water Quality and the Division of Land Resources
established a Construction General Permit Technical Advisory Group (CTAG) to provide them guidance
in developing the permit. The CTAG was comprised of 14 members who represented a broad range of
environmental, regulatory, government and development interests. A Draft Construction General Permit
was prepared and made available for review on May 13, 2011. A public meeting was held on June7th.
This permit reflects the input received during the twelve- month development process.
Any owner or operator not wishing to be covered or limited by this General Permit may apply for an
individual NPDES permit in accordance with NPDES procedures in 15A NCAC 211.0100, stating the
reasons supporting the request. Any application for an individual permit should be made at least 180 days
prior to the time the permit is needed unless waived, by the Director.
This General Permit does not cover activities or discharges covered by an individual NPDES permit until
the individual permit has expired or has been rescinded. Any person conducting an activity covered by an
Page 3 of 16

*The individual requirements to be addressed in each E&SC Plan application can be found at
ht!p://poilai.nedenr.org/web/h-/erosion . See "Plan check list for designers."
SECTION H B - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE
NC CONSTRUCTION GENERAL PERMIT
In addition to the stormwater pollution prevention controls found in the E&SC Plan, this Construction
General Permit contains additional conditions that must be met in order to comply with the NPDES
program requirements. They are as follows:
1) Construction Site Pollutants
Permittee must manage activities on the site such that water quality standards are not violated from site
activities or allowed discharges. In addition to stream pollution from sediment discharge, other
activities on construction and development sites can result in pollutants reaching the state's waters.
EPA has prepared guidance documents that provide best management practices that address many
activities. See http://cfpub oa eov/nodes/stormwater/menuofbmos/index cfm?action=min measure&min measure id-4
The following activities, and others on a site -specific basis, require oversight throughout the
construction and development process to assure that all water quality standards are protected:
a) Equipment Operation and Maintenance - Equipment utilized during the construction activity on
a site must be operated and maintained in such a manner as to prevent the potential or actual
pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic
fluids, or any other petroleum products, shall not be discharged onto the ground or into surface
waters. Spent fluids shall be cleaned up and disposed of in a manner so as not to enter the
waters, surface or ground, of the state and in accordance with applicable state and federal
regulations.
b) Material Handling - Herbicide, pesticide, and fertilizer usage during the construction activity
shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
c) Building Material Waste Handling
i) All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
ii) Locate areas dedicated for management of land clearing and demolition debris, construction
and domestic waste, and hazardous or toxic waste. This location shall be at least 50 feet
away from storm drain inlets and surface waters unless it can be shown that no other
alternatives are reasonably available.
iii) Dumping of paint and other liquid building material wastes in storm drains is prohibited.
iv) Litter and Sanitary Waste - The permittee shall control the management and disposal of litter
and sanitary waste from the site.
d) Location of Stock Piles - Locate earthen -material stock pile areas at least 50 feet away from
storm drain inlets and surface waters unless it can be shown that no other alternatives are
reasonably available.
e) Handling of Concrete
i) Concrete materials onsite, including excess concrete, must be controlled and managed to avoid
contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be
discharged from the site. (Note that discharges from onsite concrete plants require coverage
under a separate NPDES permit — NCG1400001)
ii) Any hardened concrete residue will be disposed of, or recycled on site, in accordance with
local and state solid waste regulations.
Page 5 of 16

e) hispections are only required to be made during normal business hours. When adverse
weather conditions would cause the safety of the inspection personnel to be in jeopardy,
the inspection can be delayed until it is deemed safe to perform these duties. (Times when
inspections were delayed because of safety issues should be noted in the Inspection
Record.) If the inspection cannot be done on that day, it must be completed on the
following business day.
f) Twenty-four Hour Reporting for visible sediment deposition
i) The permittee shall report to the Division of Water Quality central office or the
appropriate regional office any visible sediment being deposited in any stream or
wetland or any noncompliance which may endanger health or the environment. (See
Section VIII of this permit for contact information.) Any information shall be provided
orally or electronically within 24 hours from the time the permittee became aware of the
circumstances.
ii) A written submission shall be provided to the appropriate regional office of the Division
of Water Quality within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the sediment
deposition and actions taken to address the cause of the deposition. The Division of
Water Quality staff may waive the requirement for a written report on a case -by -case
basis.
g) Records of inspections made during the previous 30 days shall remain on the site and available
for agency inspectors at all times during normal working hours, unless the Division of Water
Quality provides a site -specific exemption based on unique site conditions that make this
requirement not practical. Older records must be maintained for a period of three years after
project completion and made available upon request. The records must provide the details of
each inspection including observations, and actions taken in accordance with this permit. The
permittee shall record the required rainfall and monitoring observations on the Inspection Record
form provided by the Division or a similar inspection form that is inclusive of all of the elements
contained in the Division's form. Use of electronically -available records, in lieu of the required
paper copies for inspection will be allowed if shown to provide equal access and utility as the
hard -copy records.
h) Inspection records must include, at a minimum, the following:
i) Control Measure Inspections: Inspection records must include at a minimum: 1)
identification of the measures inspected, 2) date and time of the inspection, 3) name of
the person performing the inspection, 4) indication of whether the measures were
operating properly, 5) description of maintenance needs for the measure, 6) corrective
actions taken (7) date of actions taken, as well as the date and amounts of rainfall
received.
ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1)
identification of the discharge outfall inspected, 2) date and time of the inspection, 3)
name of the person performing the inspection, 4) evidence of indicators of stormwater
pollution such as oil sheen, floating or suspended solids or discoloration, 5) indication of
visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and
7) date of actions taken.
iii) Visible Sedimentation Found Outside the Site Limits: hispection records must include:
1) an explanation as to the actions taken to control future releases, 2) actions taken to
clean up or stabilize the sediment that has left the site limits and 3) the date of actions
taken.
iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include
evaluation of streams or wetlands onsite or offsite (where accessible) to determine if
visible sedimentation has occurred.
i) Visible Stream Turbidity - If the discharge from a site results in an increase in visible stream
turbidity, inspection records must record that evidence and actions taken to reduce sediment
contributions. Sites discharging to streams named on the state's 303(d) list as impaired for
sediment -related causes may be required to perform additional monitoring, inspections or
Page 7 of 16

1) Continuation of Previously Permitted Proiects -Projects and their corresponding activities
permitted under the previous version of the NC general permit for construction activities will
continue to be valid with the previous permit conditions and will be considered covered under this
general permit.
2) Projects submitted prior to the effective date of Lou permit— Complete project applications that
were received prior to the effective date of this permit, but not approved by the permitting
authority until after approval of this NPDES permit, can rely on design and management practices
effective at the time of application submittal.
3) Implementation
of the Erosion and Sedimentation Control Plan (E&SC Plan):
a)
The Permittee must implement and follow the E&SC Plan, which has been approved by the
Division of Land Resources or local delegated program.. The approved E&SC Plan is
considered a condition of this general permit.
b)
Deviation from the approved E&SC Plan, or approved amendment, shall constitute a violation
of the terns and conditions of this general permit except that deviation from the approved plan
will be allowed:
i) to correct an emergency situation where sediments are being discharged off the site,
or,
ii) when minor modifications have been made that result in an alteration or relocation of
an erosion or sedimentation control measure and does not affect the ability of the
measure to perform as intended.
c)
Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site.
d)
Prior to the commencement of any land disturbance onsite, and during the construction
activities, a copy of the approved E&SC Plan and this NPDES construction permit shall be
maintained on the site. These documents must be kept current and up to date.
4) BMPs and Control Measures -Consistent with the provisions contained in this permit and the
E&SC Plan, the permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the requirements
of this permit.
5) Additional Action - If there is evidence indicating that the storrawater discharges from the site are
impacting or have the potential to impact surface waters or wetlands, the Division of Water
Quality may take appropriate actions including any or all of the following:
a) take compliance and enforcement action;
b) require the permittee to include and implement appropriate control and restoration measures;
c) require the permittee to develop and implement additional site -specific stormwater pollution
prevention measures;
d) require the permittee to obtain an individual permit.
6) When an Individual Permit may be Required -The Director may require any owner/operator
authorized to discharge under a certificate of coverage issued pursuant to this general permit to
apply for and obtain an individual permit or a general permit with additional conditions. Any
interested person may petition the Director to require an individual permit pursuant to 15A NCAC
2H .0127. Cases where an individual permit may be required include, but are not limited to, the
following:
a) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection;
b) The discharger is a significant contributor of pollutants;
c) Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit;
Page 9 of 16

inadequate treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
b)
Effect of an Upset - An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the requirements of
paragraph c. of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for noncompliance, is
final administrative action subject to judicial review.
c)
Conditions Necessary for a Demonstration of Upset - A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
i) An upset occurred and that the permittee can identify the cause(s) of the upset;
ii) The permitted facility was at the time being properly operated;
iii) The permittee submitted notice of the upset as required in this general permit, and,
iv) The permittee complied with any remedial measures required in this general permit.
d)
Burden of Proof - In any enforcement proceeding, the permttee seeking to establish the
occurrence of an upset has the burden of proof.
5) Inspection
and Entry - The permittee shall allow the Director or an authorized representative
(including an authorized contractor acting as a representative of the Director), upon the
presentation of credentials and other documents as may be required by law, to:
a)
Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general permit;
b)
Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this general permit;
c)
Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general permit; and
d)
Sample or monitor at reasonable times, for the purposes of assuring general permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION V
PERMIT ADMINISTRATION AND COMPLIANCE ISSUES
1) Time of compliance —Erosion and sedimentation control measures shall be maintained, and monitoring shall shall continue, after the completion of cons trucfion and development until the
establishment of permanent ground cover sufficient to restrain erosion or until the financially
responsible party has conveyed ownership or control of the tract of land for which the erosion and
sedimentation control plan has been approved and the agency that approved the plan has been
notified. If the financially responsible party has conveyed ownership or control of the tract of land
for which the Erosion and Sedimentation Control Plan has been approved, the new owner or
person in control shall conduct and document self -monitoring until the establishment of permanent
ground cover sufficient to restrain erosion.
Upon establishment of permanent ground cover sufficient to restrain erosion, the permittee shall
request an inspection by the pernutting authority to verify the adequacy of the ground cover.
Coverage under the permit shall end when a Sedimentation Inspection Report is issued
documenting the final stabilization of the site with adequate permanent ground cover. The signed
Sedimentation Inspection Report shall serve as a notice of termination.
2) Operation efficiency - During construction and until the completion of construction or
development and the establishment of permanent stabilization, the permittee shall provide the
operation and maintenance necessary to operate the storm water control measures and all erosion
and sedimentation control measures at optimum efficiency.
3) Corrective action - If inspections required by this permit identify a need for maintenance of control
measures, modifications or additions to control measures, or corrective actions to control sediment
Page ll of 16

6) Civil and Criminal Liability - Except as provided in Section IV.3. of this permit regarding
bypassing of stormwater control facilities, nothing in this general permit shall be construed to
relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant
to NCGS 143-215.3, 143-215.6A, 143-215.6135 143-215.6C or Section 309 of the Federal Act, 33
USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily suspended.
7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to
preclude the institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et
seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible
for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
8) Property Ri is - The issuance of this general permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
9) Severability - The provisions of this general permit are severable, and if any provision of this
general permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of this
general permit, shall not be affected thereby.
10) Duty o Provide Information - The permittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Director upon request, copies of records required to be kept by this general permit.
11) Signatory Requirements
a) All applications, reports, or information submitted to the Director shall be signed and certified
as follows:
i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities provided the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long tern environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
ii) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
iii) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b) All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
i) The authorization is made in writing by a person described above;
ii) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for environmental matters for the
Page 13 of 16

SECTION VI
DISCHARGE MONITORING AND TURBIDITY LIMITATIONS
This General Permit does not include requirements for numeric limits for discharges from construction
sites. However, the next reissuance of this North Carolina Construction General Permit (NCG 01) is
scheduled for five years from the date of approval of this permit and will contain effluent limitations as
required in Subpart B-Construction and Development Effluent Guidelines of Part 450 of the Code of
Federal Regulations,
SECTION VII
DEFINITIONS
1) Act or "the Act" or CWA -The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 USC 1251, et. seq.
2) Best Management Practices (BMPs) -Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the United States. BMPs also include treatment requirements, operation procedures,
and management practices to control site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
3) Bypass -,The intentional diversion of stormwater from any portion of a stormwater control
facility.
4) Control Measures - Refers to any BMP or other structural or non-structural practices and
procedures used to prevent or reduce the discharge of pollutants including practices to control
erosion and sedimentation.
5) Director - The Director of the Division of Water Quality.
6) Division - The Division of Water Quality, Department of Environment, and Natural Resources.
7) EMC - The North Carolina Environmental Management Commission.
8) Erosion and Sedimentation Control Plan - A plan developed in compliance with the North
Carolina Sedimentation Pollution Control Act of 1973 to prevent the erosion and deposition of
sediment and other materials into the waters of the State from construction or other land -
disturbing activities that disturb one or more acres of land. Each plan must be approved by the
NC Sedimentation Control Commission or a program delegated by the Commission to a local
government.
9) Ground cover - Any vegetative growth or other material which, when applied to the soil
surface, renders the soil surface stable against accelerated erosion.
10) Normal Business Hours - These are generally considered to be between the hours of 6 a.m. and 6
p.m., or when workers are normally present on the construction site. Weekends and federal holidays
are not considered normal business hours unless construction activities are taking place on the site
during those times.
11) Permitting Authority -The permitting authority is the agency that issues the permit. The Division of
Water Quality is the delegated NPDES permitting authority and issues this permit. However, some
erosion and sedimentation control activities are performed by Division of Land Resources or the
locally -delegated programs. Other activities may be shared by the two divisions and the local
programs. The Land Quality Section of the Division of Land Resources and the Surface Water
Protection Section of the Division of Water Quality maintain a Memorandum of Understanding that
specifies specific roles of the two divisions and the local programs and will be used to assign
specific control and oversight activities between the agencies.
12) Permanently Cease - When all or part of the land disturbing activity is complete and no additional
alteration or disturbance of the land surface is planned prior to final stabilization.
13) Permanent Stabilization - When all soil disturbing activity is completed and exposed soils have been
stabilized with a vegetative cover with a density of at least 80% or covered with a structural
stabilization method. Permanent perennial vegetation may include the use of sod, shrubs and ground
cover plants mixed with mulching, aggregate or other landscaping techniques. Structural methods
include concrete, asphalt, retaining wall or other stabilization techniques.
Page 15 of 16

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