NCC200339_ESC Approval Submitted_20200224

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL. S. REGAN
secretory
WIL.L.IAM E. (TOBY) VINSON, jR
Interim Direclor
November 5, 2018
LETTER OF APPROVAL WITH D10DIFICATIONS
AND PERTOWN11ANCE RESERVATIONS
ReNewr Petra Integrators NC, Inc.
ATTN: Adolfo Levi, Chief I-?xecutive Officer
11330 Vanstory I)rive, Suite 101
Huntersv111e, NC 28078
RE: ProjectNamc: f1TOOD Solar IV - EXPRESS
Acres Approved: 21
Project ID: BRUNS-2019-035
County: Brunswick, City: Leland
Address: Commerce Drive I IE
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Stephen Comer, McKim & Creed, Inc.
Date Received by LQS: November 2„ 2018
Plati Type: Other
Dear Mr. Levi:
This office has reviewed the subject erosion and sedimentation control flan. We find the plan to be
acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be
hosted 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 \CAC 4B .0129.
Please be aware that your project will be covered by the enclosed NPDBS Construction Storniwrater
General Permit NCG010000. Please become familiarwith all the requirements and conditions of this
permit in order to achieve compliance.
Title 15A NCAC 413.0118(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 ensure compliance with the approved plan.
Nor-tlr Carolhia Depaa'lment of Environtnental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Letter of Approval with Modifications and Performance Reservatios
ReNew Petra Integrators NC, Inc.
November 5, 2018
Page 2 of 4
North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of
existing natural resources and adjoining properties. If, following the commencement of this project,
the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation
Pollutlon Control Act of 1973 (North Carolina General Statute I I3A-51 through 66), this office may
require revisions to the plan and implementation of the revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
hater quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also
apply to this land -disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in Dart on the accuracy of the information providcd in the
Financial Responsibility Form, which you provided. You are
there is any change in the information included on the form.
notify this office of the proposed starting date for this project.
preconstruction confcrence.
Your cooperation is appreciated.
Sincerely,
Rhonda Hall
Regional Engineering Associate
Land Quality Section
Enclosures: Certificate of Approval
Modifications and Performance Reservations
NIMES Permit
cc: Stephen Comer, McKim & Creed, Inc.
8020 Tower Point Drive, Charlotte, NC 28227
requested to file an amended form. if
1n addition, it would be helpful if you
Please notify us if you plan to have a

Letter of Approval with Modifications and Performance Reservatios
ReNew Petra Integrators NC, Inc.
November 5, 2018
Page 3 of 4
NIODIFICATIONS i�ND PERFORMANCE RESERVA' 'IONS
Project'Name: ATOOI) Solar 1V
Project ID: 13RUNS-2019-035
County: Brunswick
1. 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 .0I29.
The developer is responsible for the control of sediment on -site. If the approved crosion and
sedimentation control measures prove insufficient, the developer must take those additional steps
necessary to stop sediment from leaving this site (\CGS I I3A-57(3)). Each sediment storage device
must be inspected after each storm event (\CGS 113A-54.1(e)). NMaintenance and/or clean out is
necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site
and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113).
Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel
is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to I vertical
or less steep (I 5A \NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is
considered new earth work and is subject to the same erosion control requirements as new ditches
(NCGS 113A-52(5)).
The developer- is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to tile, commencement of this land disturbing activity. This could
include our agency's StorniNvater regulations and the Division of Water Resources' enforcement
requirements within Section 401 of the Clean Water Act, the UJ.S. Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Nlanagernent's CAAMA
requirements, the Division of Solid Waste Management's landfill regulations, the Environmental
Protection Agency and/or Tile U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local
County or Municipalities' ordinances, or others that may be required. This approval cannot supersede
any other permit or approval; however, ill the case of a Cease and Desist Order from the Corps of
Engineers, that Order would only apply to .vetland areas. All highland would still have to be in
compliance with the N.C. Sedimentation Pollution Control Act.
If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of ]eater Resources
(DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional ivetland areas must be approved by the
aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation
of the measures in question to the transition point between the wetlands and the uplands to assure that
the migration of sediment will not occur. If that relocation presents a problem or contradicts any
requirements of either DXVR, the Corps, or the EPA, it is the responsibility of the developer- to inform
the Land Quality Section regional office so that an adequate contingency plan can be made to assure
sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval
(NCGS 113A-54.1(b)).

Letter of Approval �,vith Modifications and Performance Reservatios
ReNexiv Petra Integrators NC, Inc.
November 5, 2018
Page 4 of 4
6. Any borrow material brought onto this site must be from a legally operated mine or other approved
source. Any soil waste that leaves this site can be transported to a permitted mine or separately
permitted construction sites without additional permits underNCGS 74-49(7)(d). Disposal at any other
location would have to be included as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 21 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface, over that already noted on the approved plan,
would also require a revised plan to verify the appropriateness of the erosion control mcasures and
stormwater retention measures (\CGS I I3A-54.1(b)).
S. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum
of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more
posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart
(E&SC Planning & Design (Manual 6.63, Rev. 6106).
9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion
control devices on this project, it is necessary that the traps and basins and their- collection systems be
installed before any other grading takes place on site, and that every structure that receives more than
one acre of drainage is built so that each dewaters only from the surface (NCGOl00OO). If that proves
to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment
control needs during the interim period until the traps and basins are fully functioning (I 13A-54.1(b)).
10. A graveled construction entrance must be located at each point of access and egress available to
construction vehicles during the grading and construction phases of this project. Access and egress
from the project site at a point without a graveled entrance will be considered a violation of this approval.
Routine maintenance of the entrances is- critical (113A-54.1(b)).
11. As a condition of the provided NPDPS General StormNvater Permit (NCGO10000), groundcover
stabilization must meet specific time frames. Slopes (including cuts, fills, and ditch banks) that are
steeper than 3 horizontal to 1 vertical left exposed will, within seven (7) calendar days after completion
of any phase of grading, be provided with groundcover. Slopes that are 3 horizontal to 1 vertical or
flatter will be provided with groundcover within fourteen (14) calendar days.
12. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible
party shall assure inspections of t13e area covered by the approved plan after each phase of the plan has
been completed and after establishment of temporary ground cover in accordance with Nlortli Carolina
General Statute 113A-54.1(e).

ROY COOYFR
Gurertnr
\4ICHAEL S. REGAIN
Secrelwy
Ener•gy,Mineral W11,LIANI E. (TOBY) V1\SON, JR.
and Land Resources
ENVIRONMENTAL G UALITY 1werlm Direc for
MEMORANDUM
ISSUED IN CONJUCTION WITH THE DIVISION OF LAND RESOURCES'
APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS
To: Division of Land Resources, Erosion and Sediment Control Plan Recipient
From: Division of Energy, Mineral and Land Resources (DEMLR)
Subject: State Stormwater Permitting Requirements
This memorandum serves to inform you that because you have received an Erosion and
Sediment Control Plan, you may also be required to obtain a State Stormwater permit or an
official exemption notice. Effective August 1, 2013 the State Stormwater program has been
transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and
Land Resources (DEMLR). All previous references to DWQ in session laws, correspondence or
permits will remain in these documents and older stormwater permits issued prior to August 1,
2013 unless they are modified.
Any construction of impervious area on the subject site, prior to receipt of the required State
Stormwater permit, will constitute a violation of 15A NCAC 2H.1000 if a permit is required, and
may result in appropriate enforcement action by this Office. The application and directions for
submitting the application materials are available online,
http://h2o.enr.state. nc.us/su/bmp_forms. htm.
You may be required to obtain a State Stormwater Permit if any of the following circumstances
apply to this project:
1.) The project requires a Soil and Erosion Control Plan for disturbance of over an acre.
2.) The project requires a CAMA Major Permit.
3.) The project contains more than 10,000 square feet of new built -upon area.
4.) The project is part of a larger common plan of development.
Either a Stormwater Permit Application Package including two sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status
of this project and the expected submittal date must be submitted to the appropriate permitting
agency as summarized in the following table. Failure to respond to this request may result in
the initiation of enforcement action, and construction may experience a subsequent delay. The
NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan
approval letter is NOT a substitute for the Coastal Stormwater Management Permit, which is
signed by the Supervisor of the Surface Water Protection Section.
Division of Energy, Mineral, and Land Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-72151 Fax: [phone]
An Equal Opportunity 1 Affirmative Action Employer - 30% Post Consumer Paper • Internet: http:llportal.nrdenr.org/vleb/irl

MEMORANDUM
ISSUED IN CONJUCTION WITH THE DIVISION OF LAND RESOURCES'
APPROVAL. WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS
Municipality
1
County
Who to Contact Name
I
I Phone #
I
-
Brunswick
Carteret
Columbus
Duplin
New Hanover
Onslow
Pender
Onslow
New Hanover
DEMLR, WiRO
1 DEMLR, WiRO
DEMLR, WIRO*
DEMLR, WiRO*
DEMLR, WiRO
DEMLR, WiRO
DEMLR, WiRO
DEMLR, WiRO
Carolina Beach
Kelly Johnson
Linda Lewis
j
f
Brian Stanberry
[phone]"
j
I
I
[phone]
[phone]
-
-
_
-
-
-
Camp Lejeune
Carolina Beach
Emerald Isle
Carteret
Emerald Isle
_Kevin Reed
}
Jacksonville
Onslow
New Hanover
I Jacksonville
Kure Beach
Pat Donovan -Potts
[phone]
[phone]
Kure Beach
Robin Robertson
Leland
Brunswick
Brunswick
Leland
DEMLR, WiRO
Steven Spruill
Karen Dunn
[phone]
[phone]
Navassa
Oak Island
Surf City
Brunswick
. Oak Island
John Michaux
Kelly Johnson
Linda Lewis
David Mayes
1
[phone]
[phone]
[phone]
[phone]
Pender
! DEMLR, WiRO
Wilmington
Wrightsville
Beach
Wilmington
New Hanover
New Hanover
Wrightsville Beach
Steve Dellies
Please contact the Division to determine if a permit is required.
** kelly.p.johnson@ncdenr-gov, or [e-mail]
If you have any questions, please call or email Kelly Johnson at [phone] or
kelly. p.johnson@ncden r.gov.
G:1WQ1Shared\StormWater\Letters\DLR Memo 2013 1 D
Page 2 of 2

North Carolina Division of Energy, Mineral and Land Resources �
SedimOamsortro! f � �� � � � .�� � { _ I I d L'! i 4531 e s Environmental
r Coo
f " � Ff l� V 4S Quality
Technical Bulletin for NCGO10000 Revised Aug. 22, 2013
Whit U, tkns peLrm!t?
This is your Gcneral Stor-rnwater Permit for Construc-
tion Activities, developed to meet federal National Pol-
lutant Discharge Elimination System (l\TPDES) re-
quirements. It is separate and in addition to your Ero-
sion and Sedimentation Control (E&SC) Plane
Federal regulations adopted by the U.S. Environmental
Protection Agency (EPA.) and N.C. Environmental
Management Commission require an NPDES storin-
vvater 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 Storrnwater General Per-
mit contains additional requirements related to a broad-
er range of water quality issues. These permits are
r°eIlated, but separate. ]both contain condifcions your
project site must meet.
ATe theme new Irequtrell en t�
in tMs pe1<"zLIlR?
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 pen -nit. 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 submft a N®knee of Intent to have coverage under this perm ?
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 tMs peTmit rrequtrre me to doh'
You should read and become fa-
miliar with the provisions of this
permit. Below is a list of the major
requirements, with indications
where those differ from the previ-
ous Construction Storinwater Gen-
eral Permit.
Elre5ion 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 enforceable component
of this General Permit.
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.
Monitoring and llms ectlons
o You must keep a rain gauge on
the project site.
o 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).
o You must inspect all E&SC
measures at least once a weep 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.
o You must inspect all outlets
where storrnwater runoff leaves the
site and evaluate the effect on near-
by streams or wetlands.
(contimfed on reverse side)

1,TPDES Stormwater Discharge Permit for Construction Activities Revised Aug. 22, 2013
o Corrective action must be taken
if sediment is deposited off -site or
into a stream or wetland, or causes
a visible increase in turbidity
(cloudiness) of any waterbody.
o You must keep records of these
inspections and any corrective ac-
tions taken.
®l eyationn and Maintenance
You must provide the operation
and maintenance necessary to
maintain optimal performance of
stormwater controls. This means
you roust take corrective action if
erosion and sediment control
measures are not operating proper-
ly. Operation and maintenance
includes, but is not limited to:
o regularly cleaning out sedi-
mentation basins.
o Stabilizing eroded banks,
channels or spillway structures.
o repairing/clearing out inlets
and outlets.
o repairing and maintaining
storm drainage inlet and outlet
protection,
o repairing piping, seepage and
mecharrical damage.
o repairing silt fence damage.
The self -inspections required by
this pen -nit are an opportunity to
identify impacts to nearby waters.
H you observe 5ediimen t that hag
deposited in a stream or wetland,
you mmt notify the »El`�R re-
gio nat office within 24 hours and
provide wrntiien notice within five
days (see #3 on page 6 of the Gen-
eral permit).
Ground StablUzation Requirements
Non-com Hance and FineF,
Projects that violate Stormwater
Permit conditions and/or have un-
authorized water quality impacts
are subject to fines. Civil penalties
of up to $25,000 per day for each
violation maybe assessed.
ectiom
Staff from OEMLR and local pro-
grams with delegated authority
will perform random inspections of
your project site to ensure cornpli-
ance with state and federal regula-
tion governing construction activi-
ties. That means that your project,
if found to be in violation, could
potentially be subject to enforce-
ment action by both DEMLr and
the local program. The inspections
may be routine in nature or the re-
sult of a citizen complaint.
Site. Area Descriptiou ,StabMysatlon Timrnefframe Exceptions
f Perimeter dikes, swales, ditches and slopes 7 days None
High duality Water (HAW) Zoxaes 7 days None
Slopes steeper than 3:1 7 days If slopes are 10' or less in length and are not
steeper than 2:1, 14 days are allowed.
r--, Slopes 3:1 or flatter 14 days 7 days for slopes greater than 50' in length.
�__ All other areas with slopes flatter than 4:1 1 14 days I None, except for perimeters and HQW Zones.
Additional information is arv2 l ablle onHne-
�t��t>�
ys� NC. Storrnwater Permitting http //poital.nedenr.oig/web/lr/stormwater
a, NCG01 Permit knforx ation http://portal.ncdeau _ors/web/lr/construction-storrxrwater
Erosion &
Sediment contmim Das Mining Map of Regional Offices http://portal.ncdei r.org/web/lr/division-contacts
Still have questions? CaH the DEMLR Region at Office nearest your proect`s Rocatnono
Asheville Office [phone] Washington Office [phone]
Fayetteville Office
[phone]
Wilmington Office
[phone]
Mooresville Office
[phone]
Winston-Salem Office
[phone]
Raleigh Office
[phone]
Central Office
[phone]

STATE: OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT KQI NCGO1000®
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for:
Const iruct®lilt ActMtes
In compliance with the provisions of North Carolina General Statute (G,S,) 143-215.1, other lawful
standards and regulations promulgated and adopted by the 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 cf
that size, are hereby authorized to discharge stormwater to the surface waters of North
Carolina 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, 2018.
The General Permit shall expire at midnight on December 31, 2019.
Signed this day July 31, 2018.
for William E. (Toby) Vinson, Jr., P.E., CPM
Interim Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Page 1 of 16

TABLE OF CON TENTS
Page
SECTION CTIION E - COV EDA�IE UNDER THE LIEN, ,RAIL F ER,,HT........ 3
SECTION ffTi — ,STORIVEWAI'.ER IP'O>T,IliMON ?R ENTI" N FEON. REQUI] EI\, T',1'4`Ii'S ... 4
Section II.A_ - Stoiniwater Pollution. Prevention Requirements in the E&SC Plan ......... 4
Section H.B. - StoriEwater Pollution Pre\,ention Requirements in the Construction GI'' ...... 5
Section II.B.1. - Constn-uction Site Pollutants ....... 5
Section 1I.P. 2 - Ground Stabilization ...... 6
Section II.B. 3. - Self hispection and Deporting Rc quixements .......................... 6
Section ILBA. - Sediment Basins ............ 8
Section 11.13.5. -Discharges to Special or Threatened eaters ........................... 8
SECTION III — FRAMEWORK OF FERJI IIS[`I[' COVERAGE ......................... 8
SIECTRON ffV — OPERATION AND TDB AENTENANClE OF FO LILUTTGN CONTROLS. 10
SECTION V — P ElMH".lI' ADMINIS'lI'RA'I RON AND COMPLIANCE ESSUES .........11
SECTION VX — DISCHkRG ' MONITORINGG AND TURBIDITY LIMITATI IONS .... 15
SECTION Mill — DEFINITIONS ............................. . .................. 15
SECTION VrJIt — DM8101�T OF WATER QUAItJ= CONTACTS .................. 16
Page 2 of 16

E-;IECC'11ION f
COVERAGE UNDER THE G ENTRA]L PERMIT
Until this State of North Carolina General permit expires or is modified or revolted, 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 flan by the North Carolina Division
of Land Resources, Land Quality Section, or a delegated local prograrn 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 storin 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 2N .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 aPPlieable to point Wurce discharges from construction activities diOurhing
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 tape 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 flan 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
11.8.2 of this permit.
b. Designs of basins with surface withdrawal as per Section II.E.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 Penrrit
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 2H .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

individual permit but which could be covered by this General Permit may request that the individual
permit be rescinded and coverage under this General Permit be provided.
The Division of Water Quality partners with the Division of land resources to implement a complete
program for construction site coverage that includes state sedimentation control and NPDES
stormwater control. The Division of land resources implements their control programs through an
Erosion and Sedimentation Control Plan (E&SC Plan) issued for each construction site in the state
disturbing one or more acres of land. An E&SC Plan is required for each site by the Division of Land
Resources or a delegated local government program. The NPDES Construction Stonrrwater permit
(NCC010000) is attached to Erosion and Sedimentation Control Plan approvals. The perrnittee is
responsible for abiding by the conditions of both of these documents.
The Sedimentation Pollution Control Act of 1973 places a duty upon the Sedimentation Control
Commission to "develop recoru-vended methods of control of sedimentation and prepare and n-nke
available for distribution publications and tither materials dealing with sedimentation control techniques
appropriate for use by persons engaged in land -disturbing activities." The Sedimentation Control
Commission and the Division of Land Resources have adopted the North Carolina Erosion and Sediment
Control Planning and Design Manual as the document to provide that guidance for use at all constniction
sites in the state. The individual Erosion and Sedimentation Control Plans are developed based on this
guidance and become a condition of the Division of Water Quality's Construction Stonnwater General
Pernnit. As provided in this permit, "deviation from the approved E&SC Plan, or approved amendment to
that plan, shall constitute a violation of the terms and conditions of this general permit."
SEC RON H
ST®RMWAT1ER ?OLJ" UT— ION FRJRVlENT12L����
The State construction -related stonnwater pollution prevention program provides for: (a) identification
of the potential sources of stormwater pollution at the individual construction site; (b) description of
the stonnwater control measures to reduce or eliminate pollutants in stormwater discharges from the
construction site; and (c) identification of the procedures the operator will implement to comply with
the terms and conditions of this general permit and the Erosion and ,Sedimentation Control Plan
(E&SC Plan). In North Carolina, the approved Erosion and Sedimentation Control Plan for the site,
and the NCGOI Construction Geuneiral Permit are considered the Ster wateir Pollution Prevention
Plan (SWPP'P) for that site. These two documents, and any specifically -added water quality
conditions for that site, contain the provisions necessary to meet the federal regulatory requirements of
the NPDES program including provisions implementing the Effluent Limitations Guidelines effective
at the time of this permit.
SECTION FT.A. - STOR CATER POLLUTION PREVENTION UEZEMENTS
IN THE EROSION AND SEDIMENTATION CONTROL PLAN
The Erosion and Sedimentation Control program is mandated and funded according to state statutes.
The majority of the technology -based requirements needed to satisfy the federal stormwater pollution
prevention specifications are addressed in the approved E&SC Plan. Each applicant for an E&SC Plan
approval is required to comply with a "checklist" of over 50 site -specific conditions*. The categories
of these conditions include:
1)
location infonnatron,
2)
site features,
3)
control measures.
4)
drainage features,
5)
stormwater calculations;
6)
stabilization,
7)
ownership information and
8)
construction sequencing.
Page 4 of 16

*The individual requirements to be addressed in each E&SC plan application can be found at
Tottal.nedenr.org/web/lr/erosion . See "Plan check list for designers."
SECUON fflB. - STORl`V�IWATER POLLUTION PREV ENTRON REQUIREMENTS IN THE
NC CON, STR UCTEOT\11 GENERAL PERMU
In addition to the stormwater pollution prevention controls found in the E&_SC plan, this Construction
General Permit contains additional conditions that roust be met in order to comply with the NPDES
program requirements. They are as follows:
fl Construction Site Pollutantf,
Pennittee 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 btt ://c tib.epa. ov/n des/sto«nwater/inenttofbM s/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, orany 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).
U.) 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, roust 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—NCG140000.)
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

2} Ground stabfflza un
a) Soil stabilization shall be achieved on any area of a site where land -disturbing activities have
temporarily or permanently ceased according to the following schedule:
i) All perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3
horizontal to I vertical (3:1) shall be provided temporary or permanent stabilization with
ground cover as soon as practicable but in any event within 7 calendar days from the last
land -disturbing activity.
ii) All other disturbed areas shall be provided temporary or permanent stabilization with
ground cover as soon as practicable but in any event within 14 calendar days from the last
land -disturbing activity.
b) Conditions - In meeting the stabilization requirements above, the following conditions or
exemptions shall apply:
i) extensions of time may be approved by the permitting authority based on weather or
other site -specific conditions that make compliance impracticable.
All slopes 50' in length or greater shall apply the ground cover within 7 days except when the
slope is flatter than 4:1. Slopes less than 50' shall apply ground cover within 14 days except
when slopes are steeper than 3:1, the 7 day -requirement applies.
ill) Any sloped area flatter than 4:1 shall be exempt from the 7-day ground cover requirement.
iv) Slopes 10' or less in length shall be exempt from the 7-day ground cover requirement except
when the slope is steeper than 2:1.
v) Although stabilization is usually specified as ground cover, other methods, such as chemical
stabilization; may be allowed on a case -by -case basis.
r6) For portions of projects within the Sediment Control Corrnnission-defined "high Quality Water
Zone" (I5A NCAC 04A. 0105) , stabilization with ground cover shall be achieved as soon as
practicable but in any event on all areas of the site within 7 calendar days from the last land -
disturbing act.
vil) portions of a site that are lower in elevation than adjacent discharge locations and are not
expected to discharge during construction may be exempt from the temporary ground cover
requirements if identified on the approved E&SC Flan or added by the permitting authority.
3) Self Inmection and Re g Reqgiremeuts
Minimum self inspection and reporting requirements are as follows unless otherwise approved in
writing by the Division of rater Quality.
a) A. rain gauge shall be maintained in good working order on the site unless another rain -
monitoring device has been approved by the Division of Water Quality,
b) A written record of the daily rainfall amounts shall be retained and all records shall be made
available to Division of Water Quality or authorized agent upon request. if no daily rain gauge
observations are made during weekend or holiday periods, and no individual -day rainfall
information is available, the cumulative rain measurement for those un-attended days will
determine if a site inspection is needed. (Note: if no rainfall occurred, the permittee must record
c) Erosion and sedimentation control measures shall be inspected to ensure that they are operating
correctly. Inspection records must be maintained for each inspection event and for each
measure. At a minimum, inspection of measures must occur at the frequency indicated below:
i) All erosion and sedimentation control measures must be inspected by or under the
direction of the permittee at least once every seven calendar days, and
ii) All erosion and sediment control measures must be inspected by or under the direction
of the pernuttee within 24 hours after any storm event of greater than 0.50 inches of
rain per 24 hour period.
d) Once land disturbance has begun on the site, storruwater runoff discharge outfalls shall be
inspected by observation for erosion, sedimentation and other stornawater discharge
characteristics such as clarity, floating solids, and oil sheens. Irhspections of the outfalls shall be
made at least once every seven calendar days and within 24 hours after any storm event of
greater than 0.50 inches of rain per 24 hour period.
Page 6 of 16

e) Inspections 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 cap 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 Deporting 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 shalt. 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 1111"niinuin, the following:
i) Control Measure Inspections: Inspection records must include at a mimjrrar 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 and (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: Inspection 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

application of mare -stringent management practices if it is determined that the additional
requirements are needed to assure compliance with the federal or state unpaired -waters
conditions. If a discharge covered by this permit enters a stream segment that is listed on the
Impaired Stream List for sediment -related causes, and a Total Maximum Daily Load (TMDL)
has been prepared fo.r those pollutants, the permittee must implement measures to ensure that the
discharge of pollutants from the site is consistent with the assumptions and meets the
requirements of the approved TMDL. The Division of Water Quality 303(d) list can be found
at: httr)://b2o.enr.state.nc.us/tmdl/Gei.ieral-303d.htni/
4, Sediment Basins
Sediment basins and traps shall meet the following requirements:
a) Outlet structures shall be utilized that withdraw water from the surface.
b) For basins or traps that have a drainage area of less than 1.0 acre, draw -down designs specified
in the Division of Land Resources or delegated local program requirements are acceptable.
c) Chemical treatment
i) All treatment chemicals must be stored in leaf -proof containers that are Dept under
storm -resistant cover or surrounded by secondary containment structures designed to
protect adjacent surface waters.
ii) All treatment chemicals inust be used in accordance with dosing specifications and
application rates provided by the manufacturer, supplier and as specified by the Division
of Water Quality.
iii) The Permittee must only use chemicals that have been approved by the NC Division of
Water Quality and posted on their "North Carolina Division of Water Quality Approved
DAMS/Elocculants List" found on their web site at:
http://portal.nedetir.org/web/wq/ws/su .
iv) The Peimittee must route storniwater treated with polymers, flocculants, or other
treatment chemicals through sediment trapping, filtering, and/or settling devices(s) to
ensure adequate -removal of sediment flocculent prior to discharge to surface waters,
d) Discharge requirement - Discharges must meet the statutory requirements of the Sediment
Pollution Control Act and utilize the provisions of Section 6.74 of the Erosion and Sediment
Control Planning and Design Manual to assure that buffers and vegetated areas will be used to
reduce the potential for visible siltation outside of the 25% buffer zone nearest the land -
disturbing activity.
5o Il iwhar e� to Special or Threatened Waters
a) Disturbed areas within one mile of and draining to waters where federally -listed threatened or
endangered aquatic species are present shall be limited at any time to a maximum total area
within the boundaries of the tract of 20 acres. 'These projects shall also use control measures
that are designed, installed and maintained in accordance with criteria set forth in 15A NCAC
04D .0124 —Design Standards in Sensitive Watersheds. The Division of Water Quality may
require additional/alteinative protection measures or require coverage under an individual
Construction NTDES Stormwater permit. Other management practices may be acceptable if
these designs are shown by the applicant, to the satisfaction of the Director, to provide
equivalent protection.
b) Construction activities in High Quality Waters Zones require quicker ground stabilization
provisions as specified in Section II.D.2.b. of the permit.
SIE(C'T1<ON Ha
FRAMEWORK OF P ERMTT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater associated with construction activity including clearing, grading and
excavation activities resulting in the disturbance of land and related support activities. Such discharges
shall be controlled, limited and monitored as specified in this permit.
Page 8 of 16

1) Continuation of Pre,viously Permitted Projects -Projects and their corresponding activities
permitted under the previous version of the NC geueral permit for construction activities will
continue to be valid with the previous permit conditions and will be considered covered under this
general permit.
L) projects submitted prior to the effective date of the 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 pennit, can rely on design and management practices
effective at the time of application submittal.
31) Implementation of the Erosion and Sedimentation. Control Plan (E&SC Plan):
a) The Penmittee must implement and follow the ELSC 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 Flan, or approved amendment, shall constitute a violation
of the terms 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 perforrn as intended.
e) Allowed deviations must be noted on the approved E&SC flan and maintained at the job site.
d) Prior to the commencement of any land disturbance on -site, and during the construction
activities, a copy of the approved E&SC Plan and this 114PDES construction permit shall be
maintained on the site. These documents must be kept current and up to date.
4) FMPs 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
(EMPs) and control measures that MIJ1111M,ze pollutants in the discharge to meet the requirements
of this permit.
5) Additional Action - If there is evidence indicating that the storm -water 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 pennittee 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

d) A change has occurred 111 the availability of dezzs.oustrated Welinologv or practices for the
control or abatement of pollutants applicable to the point source;
e) The discharge violates the terms or conditions of this general permii;
fj Effluent limitations are promulgated for the point sources covered by this general permit;
g) A eater Quality Management plan containing requirements applicable to such point sources is
approved after the issuance of this general permit.
"/) VAen an Individual Permit may be requested - Any permittee operating under this general permit
may request to be excluded from the coverage of this general permit by applying for au individual
permit. When an individual permit is issued to an owner/operator the applicability of this general
permit is automatically terminated on the effective date of the individual permit.
SE+ CTEON 11V
G1EgE A'TION AND iVC1 AENTEIKANCE OF POLLUTRON CONTROLS
1) Prover Operation and Maintenance - The permittee shall at all times properly operate and maintain
all control measures and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of this general permit.
2) Need to Halt or Reduce not a Defense - It shall not be a defense for a permittee in an enforcement
action that it was necessary to halt or reduce the permitted activity in order to maintain compliance
with the condition of this general permit.
3) Bypassing of Storinwater Control Facilities
a) Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation or as part
of a planned action specified in the approved Erosion and Sedimentation Control Permit,
These bypasses are not subject to the provisions of Paragraphs b. and c. of this section.
b) Notice
i) Anticipated bypass -1f the pennittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and effect of the bypass.
ii) Unanticipated bypass - The permittee shall submit notice to the Division contact (See
Section VI1I.) within 2; hours of the occurrence of an unanticipated bypass.
c) Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a penuittee for
bypass, unless:
i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
ii) 'There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
iii) The permittee submitted notices as required under Paragraph b. of this section.
d) The Director may approve an anticipated bypass, after considering its adverse effects, if the
Director determines that it will meet the three conditions listed above in Paragraph c. of this
section.
4) Upsets
a) Definition -"Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology -based permit effluent limitations because of factors
beyond the reasonable control of the perzmittee. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment or control facilities,
Page 10 of 16

inadequate treatment or control facilities, lacy 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
anal 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 pe mittee can identify the cause(s) of the upset;
ii) The permitted facility was at the time being properly operated;
iii) The permttee 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 permittee seeping 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) hispect 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 pen -nit compliance
or as otherwise authorized by the Clean dater .Act, any substances or parameters at any
location.
SECTION V
PERMFT ADMINISTRATION AND COMPLIANCE 11SSUES
1) Time of compliance _. Erosion and sedimentation control measures shall be maintained, and self -
monitoring shall continue, after the completion of construction 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 permitting 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 Deport 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 stoim 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 I I of 16

or other pollutants these actions must be performed as soon as possible and before the next storm
event to maintain the effectiveness of the control measures.
4) auiy to comply - The permittee must comply with all conditions of this general permit. Any
pert -ail noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
a) The perinittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean eater Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the CWA within the time provided in the
regulations that establish these standards or prohibitions or standards for sewage sludge use or
disposal, even if the permit has not yet been modified to incorporate the requirement.
b) The Clean ViVater Act provides that any person who violates section 301, 302, 306, 307, 300°,
318 or 405 of the Act, or any permit condition or limitation implementing any such sections 111
a permit issued under section 402, or any requirement unposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to
exceed $27,000 per day for each violation. The Clean Water Act provides that any person
who negligently violates sections 301, 302, 306, 307, 300, 318, or 405 of the Act, or any
condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(o) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day
of violation, or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal penalties
of not more than $50,000 per day of violation, or by irrrprisonnaent of not more than 2 years, or
both. Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a blowing
violation, a persona shall be subject to criminal penalties of not more than $100,000 per day of
violation, or irnprisonrnent of not more than 6 years, or both. Any person who knowingly
violates section 301, 302, 303, 306, 307, 305, 318 or 405 of the Act, or any permit condition or
limitation implernerating any of such sections in a perinit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death
or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000
or imprisonment of not more than 15 years, or both. In the case of a second or subsequent
conviction for a knowing endangerment violation, a person shall be subject to a fine of not
more than $500,000 or by imprisonment of not more than 30 years, or both. An organization,
as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the
imminent danger provision; be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions.
c) 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. [Ref. NC General Statute 143-
215.6A] .
d) Any person may be assessed an administrative penalty by the Administrator of the U.S.
Environmental Protection Agency for violating section 301, 302, 306, 307, 308, 318 or 405 of
the Clean Water Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I
violations are not to exceed $16,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed
$16,000 per day for each day during which the violation continues, with the maximum amount
of any Class II penalty not to exceed $177,500.
5) Duty to Mitigate - The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this general permit that has a reasonable likelihood of adversely affecting
human health or the environment.
Page 12 of 16

6) Civil and Criminal Liability - Except as provided in Section fV.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, 143-215.6B, 143-215.6C or Section 3051 of the Federal Act, 33
USC 1319. Fur -then ore, the pennittee is responsible for consequential damages, such as fish
bills, even though the responsibility for effective compliance may be temporarily suspended,
7) Oil and Hazardous Substance 1 iabili - 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 1,,1CCSS 143-215.75 et
seq. or Section 31.1 of the Federal Act, 33 1_TSC 1321. Furthermore, the pennittee is responsible
for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
8) property Rights - 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 pen -nit 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 to Provide Information - The pennittee 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 pennittee shall also furnish to the
Director upon request, copies of records required to be kept by this general pen it.
11) Signatory Reglzirernenis
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 term 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
ill) 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

company. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position.); and
iii) The written authorization is submitted to the Director.
c) Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. used on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
12) penalties for famperi -The Clean Water Act provides that any person who falsifies, tampers
with; or knowingly renders inaccurate, any monitoring device or method.required to be maintained
under this general permit shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by unprisothment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment
of not more than 4 years, or both.
13) General Permit Modification revocation. and Reissuance or Termination - The issuance of this
general permit does not prohibit the Director from reopening and modifying the general permit,
revolting and reissuing the general pernnit, or terminating the general permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Paris 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2fl .0100; and North. Carolina
General Statute 143-215.1 et. seq.
14) Availability of Reports - Except for data determined to be confidential under NCGS 143-
215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, discharge data shall not be considered confidential. Xnowingly
malting any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.6I3 or in Section 309 of the Federal Act.
15) penalties for Falsification of Re arts - The Clean Water Act provides that any person who
knowingly makes any false statement, representation, or certification in any record or other
document submitted or required to be maintained under this general permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
16) Anticipated Noncompliance - The permittee shall give advance notice to the Director of any
planned changes in the permitted facility or activity that may result in noncompliance with the
general permit requirements.
17) Other Information - Where the permmittee becomes aware that it failed to submit any relevant facts
in. any report to the"Director, it shall promptly submit such facts or information.
18) Limitations Reopener - This general permit shall be modified or alternatively, revolted and
reissued, to comply with any applicable effluent guideline or water quality standard issued or
approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if
the effluent guideline or water quality standard so issued or approved:
a) contains different conditions or is otherwise more stringent than any effluent limitation in the
general permit; or
b) controls any pollutant not limited in the general permit.
c) The general pernvt as modified or reissued under this paragraph shall also contain any other
requirements in the .Act then applicable.
Page 14 of 16

SIECTfON VI
DRScCHARGE MONJORING AND TU E, MTY LIMITATEONS
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 fart 450 of the Code of
Federal regulations.
SECTION V7l<
IIDICRNITE®NS
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 leafs, sludge or waste disposal, or
drainage from raw material storage.
3) amass - 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) >EIAC - The North Carolina Environmental Management Commission.
S) Erosion and Sedimentation Control flan - 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 NFDES 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 15of16

14) Permittee -The person, firm or organizational entity that signed as the financially responsible
party on the Erosion and Sedimentation Control Plan.
15) Point Source Discharge - Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, or container
from which pollutants are or may be discharged to waters of the state.
] 6) Soil Stabilization - The use of vegetative, physical or chemical coverage techniques that will
restrain accelerated erosion on disturbed soils for temporary or permanent control needs.
17) Stormwater pollution Prevention Plan (SWPPP) — The elements of the State's stoirnwater
pollution prevention program that provide the technology -based requirements designed to
protect the state's waters from the adverse impacts of sediments. fri North Carolina, the
combination of the NCGOI Construction general and the Erosion and Sedimentation Control
Plan are considered the SWPPP. It should be noted that on sites that involve multiple or
complex sources of pollution, the Division may require additional control measures as needed to
assure that water quality is protected and these additional measures will also be considered part
of the SWPPP.
18) TeMporarily Cease - When all or part of the site that is and will remain unworked for a
period of days but where site land disturbing activity is not connplete and additional land
disturbing activity is platured.
19) Temporary Stabilization — When the establishment of ground cover over all disturbed areas
(such as mulching, rolled erosion control products, vegetation, or other material) renders the
surface stable against accelerated erosion. Stabilization shall be achieved with the
establishment of a uniform and evenly -distributed (i.e., without large bare areas) ground
cover with a cover density of at least 80%.
20) Severe property darnagee -- Substantial physical damage to property, damage to the control
measures that cause them to become inoperable, or substantial and pen--nanent loss of natural
resources that can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in production.
SECTION V111
N.C. DEVISf®N OF WATER QUALITY CONTACTS
Ashevlllle fie- nil Office l�'�.yetttevfl(le ll�e�n®nil �ff�ree mooresvllle �e�a mall Office
2090 U.S. Highway 70 Systel Building, 610 East Center Ave.
Swannanoa, NC 28778 225 Green St., Suite 714 Mooresville, NC 28115
828-296-4500 Fayetteville, NC 28301-5094 704-663-1699
FAX [phone] FAX [phone]
Winst®n-Salem Regional
0fflee
585 Waughtown Street
Winston-Salem, NC 27107
336-771-5000
FAX [phone]
192a 9���
3800 Barrett Drive
Raleigh, NC 27609
919-791-4200
FAX [phone]
FAX [phone]
Wa5hinLyton Regional. Office
943 Washington Square Fall
Washington, NC 27889
252-946-6481
FAX [phone]
Raleigh Regional Office
Mall to:
1628 Mail Service Center
Raleigh, NC 27699-1628
Page 16 of 16
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
910-796-7215
FAX [phone]

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