NCG020000_DRAFT General Permit to Notice_20200715

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,
MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000 - DRAFT
TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 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, this permit is
hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as
evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to
allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to
the surface waters of North Carolina or to a separate storm sewer system conveying discharges
to surface waters, from active and inactive mining sites, in accordance with the terms and
conditions set forth herein.
Coverage under this General Permit is applicable to:
♦ Stormwater point source discharges associated with mining and quarrying of non- metallic
minerals (except fuels), mine excavation, processing, and vehicle maintenance;
♦ Authorized wastewater point source discharges from mining operations as designated in this permit;
♦ Stormwater and/or wastewater point source discharges from like industrial activities
deemed by the Division of Energy, Mineral, and Land Resources (the Division) to be similar to
these operations in the process, or the discharges, or the exposure of raw materials,
intermediate products, by-products, final products, or waste products.
Coverage under this General Permit is not applicable to:
♦ Borrow Pits covered by the DOT statewide stormwater permit,
♦ Peat Mining,
♦ Coal or Coal Ash Mining,
♦ Metal Mining,
♦ Oil and Gas Extraction Operations, and
♦ Wastewater not specifically designated in this permit.
The General Permit shall become effective on October 1, 2020.
The General Permit shall expire at midnight on May 31, 2025.
Signed this 301h day of September, 2020.
Original signed by Brian Wrenn
Brian Wrenn, Acting Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCG020000
TABLE OF CONTENTS
PART A NCG02 PERMIT COVERAGE
PART B STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
B-1.
Responsible Party
B-2.
General Location Map
B-3.
Site Map
B-4.
Narrative Description of Industrial Process
B-5.
Evaluation of Stormwater Outfalls
B-6.
Mining Permit
B-7.
Narrative Description of Stormwater BMPs
B-8.
BMP Inspections
B-9.
Secondary Containment Plan
B-10.
Spill Prevention and Response Procedures
B-11.
Preventative Maintenance and Good Housekeeping
B-12.
Employee Training
B-13.
Representative Outfall Status
B-14.
Devices Exempt from Analytical Monitoring
B-15.
Annual SWPP Review and Update
B-16.
Annual On-line SWPPP Certification when Available
B-17.
Notice to Modify the SWPPP
B-18.
SWPPP Retention
PART C OPERATIONAL REQUIREMENTS
C-1.
Operation and Maintenance of Treatment and Control Systems
C-2.
SCM Clean -Out
C-3.
Polyacrylamides and Flocculants
C-4.
Residuals Management
C-5.
Corrective Actions
C-6.
Draw Down of Treatment Facilities for Essential Maintenance
C-7.
Bypasses of Stormwater and Wastewater Treatment Facilities
C-8.
Upsets
C-9.
Required Notices for Bypasses and Upsets
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Permit No. NCG020000
PART D INACTIVE MINES / DORMANT STATUS
D-1. Eligibility for Dormant Status
D-2. Division Revision or Revocation of Dormant Status
D-3. Renewal of Dormant Status
D-4. Monitoring Under Dormant Status
D-5. SCM Inspections Under Dormant Status
PART E QUALITATIVE MONITORING OF STORMWATER DISCHARGES
E-1. Visual Inspections
E-2. Qualitative Monitoring Response
PART F ANALYTICAL MONITORING OF STORMWATER DISCHARGES
F-1. Required Baseline Monitoring
F-2. Baseline Sampling Benchmarks
F-3. Additional Baseline Sampling Benchmarks for Brick Pit, Feldspar Ore and Lithium
Ore Mines
F-4. Additional Baseline Sampling Benchmarks for Phosphate and Industrial Sand
Mines
F-5. Exceedance of In -Stream Water Quality Standard for Turbidity
F-6. Methodology for Collecting Samples
F-7. Locations for Collecting Samples
F-8. Tier I Response: Single Benchmark Exceedance
F-9. Tier II Response: Two Consecutive Benchmark Exceedances
F-10. Tier III Response: Four Benchmark Exceedances Within Five Years
PART G AUTHORIZED WASTEWATER DISCHARGES
G-1. Authorized Wastewater Discharges
G-2. Mine Dewatering
G-3. Process Wastewater
G-4. Commingled Stormwater and Wastewater
G-5. Discharges from Recycle Systems
PART H ANALYTICAL MONITORING OF WASTEWATER DISCHARGES
H-1. Wastewater Sampling Schedule
H-2. Parameters and Limitations
H-3. Additional Parameters and Limitations for Brick Pit, Feldspar Ore and
Lithium Ore Mines
H-4. Additional Parameters and Limitations for Phosphate and Industrial Sand
Mines
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Permit No. NCG020000
H-5.
Exceedance of In -Stream Water Quality Standard for Turbidity
PART I SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
I-1.
Deadlines for Submittal for Discharge Monitoring Reports (DMRs)
I-2.
Discharge Monitoring Reports (DMRs)
I-3.
Signature Requirements on Discharge Monitoring Reports (DMRs)
I-4.
Results Below Detection Limits
I-5.
Occurrences of No Discharge
I-6.
Reports Required if More Frequent Monitoring Has Occurred
I-7.
Report if Begin Discharging to a Waterbody Not Listed in the Notice of Intent
I-8.
Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
I-9.
Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
I-10.
Qualitative Monitoring Reports
I-11.
Report Retention
PART J OTHER OCCURANCES THAT MUST BE REPORTED
PART K PERMIT ADMINISTRATION
K-1. Signatory Requirements
K-2. General Permit Expiration
K-3. Planned Changes
K-4. Transfers
K-5. When an Individual Permit May be Required
K-6. When an Individual Permit May be Requested
K-7. General Permit Modification, Revocation and Reissuance, or Termination
K-8. Certificate of Coverage Actions
K-9. Requirement to Report Incorrect Information
K-10. Waivers from Electronic Reporting
K-11. Annual Administering and Compliance Monitoring Fee Requirements
K-12. Flow Measurements
K-13. Test Procedures
K-14. Representative Outfall
K-15. Availability of Reports
PART L COMPLIANCE AND LIABILITY
L-1. Compliance Schedule
L-2. Duty to Comply
L-3. Duty to Mitigate
L-4. Civil and Criminal Liability
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Permit No. NCG020000
L-5. Oil and Hazardous Substance Liability
L-6. Property Rights
L-7. Severability
L-8. Duty to Provide Information
L-9. Penalties for Tampering
L-10. Penalties for Falsification of Reports
L-11. Onshore or Offshore Construction
L-12. Duty to Reapply
L-13. Inspection and Entry
L-14. Need to Halt or Reduce not a Defense
PART M DEFINITIONS
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Permit No. NCG020000
PART A: NCG02 PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the
Division of Energy, Mineral, and Land Resources (the Division) by the filing of a Notice of
Intent (NOI) and applicable fees. The NOI shall be submitted and a Certificate of Coverage
(COC) issued prior to any discharge of stormwater associated with industrial activity, mine
dewatering wastewater, or authorized process wastewater that has a point source
discharge to the surface waters of the state.
This General Permit is applicable to mining and quarrying of nonmetallic minerals (except
fuels) including borrow pits (that would not be covered under the statewide DOT
stormwater permit) and active or inactive mines that discharge stormwater contaminated
with, or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located at the site of such
operations and stormwater runoff from vehicle maintenance areas. This General Permit
also covers discharge of wastewater from processing mined materials and mine dewatering
wastewater from the groundwater and/or stormwater that accumulates in the mine pit.
Any owner or operator not wishing to be covered or limited by this General Permit may
make application 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 shall be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting
an activity covered by an individual permit but which could be covered by this General
Permit may request that the individual permit be revoked and coverage under this General
Permit be provided.
Any facility may apply for new or continued coverage under this permit until a Total
Maximum Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is
established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a
watershed, draining to an impaired water. For discharges to watersheds affected by a
TMDL, coverage under this permit may depend on the facility demonstrating it does not
have reasonable potential to violate applicable water quality standards for those pollutants
as a result of discharges. If the Division determines that discharges have reasonable
potential to cause water quality standard violations, the facility shall apply for an individual
permit 180 days prior to the expiration date of this General Permit. After that individual
permit becomes effective, the facility will no longer have coverage under this General
Permit. [Note the permittee must identify impaired waters in the Location Map or Site Map,
as outlined in the Stormwater Pollution Prevention Plan (SWPPP), Part B of this permit. A
list of approved TMDLs for the state of North Carolina can be found at
https://deg.nc.gov/about/divisions/water-resources 1planning/modeling--
assessment/tmdls.
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Permit No. NCG020000
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater, mine dewatering, and process wastewater to the surface waters of North
Carolina or a separate storm sewer system which has been treated and managed in
accordance with the terms and conditions of this General Permit and the requirements of
the permittee's COC. This permit also authorizes operation of treatment works that are
required to treat mine dewatering or process wastewater in accordance with NCGS 143-
215.1(a) (2).
The permittee's COC is hereby incorporated by reference into this General Permit. Any
violation of the COC is a violation of this General Permit and subject to enforcement action
as provided in the General Permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The discharges allowed by this General Permit shall not cause or contribute to
violations of Water Quality Standards. Discharges allowed by this permit must meet
applicable wetland standards as outlined in 15A NCAC 213.0230 and .0231 and water
quality certification requirements as outlined in 15A NCAC 21-1.0500.
If mining activities expand or change after issuance of the COC such that the types of
discharges are affected, the permittee must first contact the Division to determine if
modifications to the COC are necessary. The permittee is also responsible for contacting the
Division if modifications to the Mining Permit are necessary, as compliance with the Mining
Permit is a stipulation of this permit.
Diversion or bypass of untreated wastewater from a treatment facility is prohibited except
under provisions of this permit in C-7 and C-8 of this permit.
The issuance of this permit shall not relieve the permittee of the responsibility for damages
to surface waters of the State resulting from the operation of a treatment facility.
This permit does not relieve the permittee's responsibility for compliance with any other
applicable federal, state or local law, rule, standard, ordinance, order or decree.
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Permit No. NCG020000
PART B: STORMWATER POLLUTION AND PREVENTION PLAN (SWPPP)
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement
by the Division. The permittee shall implement the SWPPP and all Best Management
Practices (BMPs) consistent with the provisions of this permit, to control contaminants
entering surface waters.
These items shall exist for the duration of the permit term and made available to the
Director upon request and also shall be sent to the Regional Office upon request. The
SWPPP shall be considered public information in accordance with K-15 of this General
Permit.
The SWPPP shall include, at a minimum, the following items:
B-1. Responsible Party
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination,
development, implementation, and revision of the SWPPP. Responsibilities for all
components of the SWPPP shall be documented and position assignments provided.
B-2. General Location Map
The General Location Map shall be a USGS quadrangle map or appropriately drafted
equivalent map that includes:
(a) The facility's location in relation to transportation routes and surface waters;
(b) The name of the receiving waters to which the stormwater outfalls discharge, or if the
discharge is to a municipal separate storm sewer system, the name of the municipality
and the ultimate receiving waters; and
(c) Any receiving waters that are on the state's list of impaired waters or if the site is located
in a watershed for which a TMDL has been established and, if so, a list of the parameter(s)
of concern.
B-3. Site Map
The Site Map shall include the following at a scale sufficient to clearly depict all required
features. At a minimum, the map shall include:
(a) Site property/permit boundary, which shall be the same as the boundary in the Mining
Permit;
(b) Site topography and finished grade;
(c) Buildings, roads, parking areas and other built -upon areas;
(d) Industrial activity areas (including: fueling, vehicle maintenance and repair, washing of
materials or equipment, storage of materials, disposal areas, process areas, loading and
unloading areas, and haul roads);
(e) Stormwater discharge outfalls and a table of latitudes and longitudes;
(f) Drainage area for each outfall with an estimation of impervious area percentage;
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Permit No. NCG020000
(g) Stormwater Control Measures (SCMs);
(h) All stormwater collection/drainage features, structures and direction of flow;
(i) On -site and adjacent surface waters and wetlands; and
(j) A graphic scale and north arrow.
B-4. Narrative Description of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the stormwater
discharge from each outfall.
B-5. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of
non-Stormwater discharges. If non-stormwater discharges are present, the permittee shall
identify the source and record whether the discharge is otherwise permitted by rule or a
different permit. The permittee shall evaluate the environmental significance of the non-
stormwater discharges and include a summary written record and certification statement.
The certification statement and summary written record shall be retained with the SWPPP,
and shall be dated and signed in accordance with the requirements found in K-1.
B-6. Mining Permit
The SWPPP shall include a signed copy of the first page of the Mining Permit issued by the
Division's Mining Program, the approved erosion and sedimentation control plan and the
approved reclamation plan.
(a) Compliance with the Division's Mining Permit is a requirement of this General Permit.
Any deviation from the Mining Permit or amendments to the issued permit, that impacts
water quality shall constitute a violation of the terms and conditions of this General
Permit.
(b) All erosion and sediment controls required by the Mining Permit shall be inspected, and a
respective written record of repairs and maintenance shall be available to Division
inspectors.
(c) After a mining activity is released by the Division in accordance with NC G.S. Chapter 74,
Article 7, the permittee may submit a rescission form to the Division to rescind coverage
under this General Permit.
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Permit No. NCG020000
B-7. Narrative Description of Stormwater BMPs
Appropriate BMPs may include, but are not limited to, vegetative swales, berms, use of
reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process
or as an irrigation source) in a manner that reduces pollutants in stormwater discharges
leaving the site.
The narrative description of stormwater BMPs shall include:
(a) Structural and nonstructural practices to minimize the exposure and transport of
materials in stormwater;
(b) BMPs for mine excavation and disturbance areas, process areas, and any other areas
associated with mining activity;
(c) BMPs for vehicle maintenance activities;
(d) BMPs to limit or isolate land disturbance and process areas and limit the amount of
off -site stormwater run-on to those areas; and
(e) BMPs to ensure that contaminants from drilling and blasting do not enter surface
waters.
B-8. BMP Inspections
BMPs shall be inspected by or under the direction of the permittee at least once every seven
(7) calendar days, unless the site has dormant status. All inspections shall be documented
and shall include:
(a) A signed, written record of the inspection results, dates and any repairs/revisions
made for each BMP; and
(b) Documentation of visible off -site sedimentation including an explanation of
measures taken to remove the sediment that has left the site and to prevent future
releases.
B-9. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff, secondary
containment is required for: bulk storage of liquid materials including petroleum products;
storage in any amount of water priority chemicals listed in Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA); and storage of hazardous
substances in any amount.
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC)
regulation, the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary containment
systems;
(b) Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to stormwater
conveyance system;
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Permit No. NCG020000
(c) A commitment to visually observe any accumulated stormwater prior to release for color,
foam, outfall staining, visible sheens, and dry weather flow; and
(d) Records on every release from a secondary containment system that include: the
individual making the observation, a description of the accumulated stormwater, and the
date and time of the release. These records shall be kept for a period of five (5) years.
B-10. Spill Prevention and Response Procedures
A responsible person shall be on -site at all times during facility operations that have
potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. For facilities subject to the federal SPCC regulation,
the SPCC Plan may be used to support compliance with this permit
The Spill Prevention and Response Procedures (SPRP) shall include:
(a) An assessment of areas of the facility where there is the potential for spills;
(b) A list of trained facility personnel responsible for implementing the SPRP;
(c) A signed and dated acknowledgement in which staff members accept responsibilities for
the SPRP;
(d) A supply of spill response materials and equipment and the locations for storing these
items;
(e) Written procedures for proper cleanup and disposal of spilled materials; and
CO A list of significant spills or leaks of pollutants that have occurred during the previous
three (3) years and any corrective actions taken to mitigate spill impacts or the notation
that no spills have occurred. This list shall be updated on annual basis.
B-11. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed
and implemented. Mine Safety and Health Administration (MSHA) documentation may be
used to support compliance with this permit.
The PMGHP shall include:
(a) A schedule of inspections, maintenance and housekeeping measures for industrial activity
areas including, at a minimum, all material storage and handling areas, disposal areas,
process areas, loading and unloading areas, haul roads, and vehicle maintenance areas.
Inspections shall occur at a minimum on a semi-annual schedule, once during the first half
of the year (January to June) and once during the second half (July to December).
(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable
federal disposal regulations;
(c) A record of inspections, maintenance, and housekeeping activities.
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Permit No. NCG020000
B-12. Employee Training
Employee training shall be developed and provided on an annual basis for facility personnel
responsible for operations that have the potential to contaminate stormwater runoff. The
training shall be documented by the date, signature, and printed or typed name of each
employee trained.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
(b) Spill response training;
(c) Used oil management;
(d) Spent solvent management;
(e) Secondary containment releases, and
(0 Fueling procedures.
B-13. Representative Outfall Status
If the Division has granted representative outfall status (ROS), written documentation from
the Division shall be part of the SWPPP. The permittee shall notify the Division of any site
or activity modifications that result in a change to ROS.
B-14. Devices Exempt from Analytical Monitoring
As -built plans, Engineer's Certification, design calculations and approved construction
drawings shall be included in the SWPPP for any device that will be exempted from
analytical monitoring requirements under this permit. Per F-5(c) of this permit, only
basins or ponds designed to contain the 25-year, 24- hour storm without discharging, and
that can regain capacity to hold such an event within five (5) days' time through means
other than discharge to surface waters may be exempted from analytical monitoring
requirements.
B-15. Annual SWPPP Review and Update
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee
shall amend the SWPPP whenever there is a change in design, construction, operation, site
drainage, maintenance, or configuration of the physical features which may have a
significant effect on the potential for the discharge of pollutants to surface waters.
In addition to the other items in Part B of this permit, the SWPPP update shall include:
(a) A review and comparison of sample analytical data to benchmark values (if applicable)
over the past year, including a discussion about Tiered Response status. The permittee
shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available
from the Stormwater Program's website (https://deq.nc.gov/about/divisions/energy-
mineral-land-resources/npdes-stormwater-gps); and
(b) A comparison of the permittee's estimate or record of the past year's average daily and
maximum daily wastewater flow rates with the permittee's estimate of the coming
year's average daily and maximum daily wastewater flow rates, taking into account any
changes in the mine footprint or operational procedures anticipated in the coming year.
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Permit No. NCG020000
For any anticipated increased wastewater discharges into receiving waters classified as
HQW or CRW, the permittee shall compare the estimated increased discharge flow rates
to 50 percent of the receiving water 7Q10.
B-16. Annual On -Line SWPPP Certification when Available
After the Division's ePermitting system develops the capability to receive this information, an
on-line certification that the SWPPP annual update has been completed in a manner that meets
the conditions of this permit.
B-17. Notice to Modify the SWPPP
The Director may notify the permittee when the SWPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the SWPPP to meet minimum
requirements. Upon completion of the modifications, the permittee shall provide
certification in writing in accordance with K-7 of this permit to the Director that the
changes have been made.
B-18. SWPPP Documentation
Copies of the SWPPP shall be maintained on -site and be available to the Division upon
request. These records or copies shall be maintained for a period of at least five years. This
period may be extended by request of the Director at any time [40 CFR 122.41].
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Permit No. NCG020000
PART C: OPERATIONAL REQUIREMENTS
Permitted mining operations shall be subject to the following operational requirements.
C-1. Operation and Maintenance of Treatment and Control Systems
The permittee shall at all times:
(a) Properly operate and maintain all facilities 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 permit.
(b) Implement laboratory controls and quality assurance procedures for onsite labs and
field parameter testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the
conditions of this permit [40 CFR 122.41(e)].
C-2. SCM Clean -Out
SCMs must be cleaned out when sediment storage capacity equals or exceeds 50 percent of
the design sediment volume or if visible sedimentation is leaving the property.
C-3. Polyacrylamides and Flocculants
Polyacrylamides (PAMS) and Flocculants shall be selected from the NC Division of Water
Resources of Approved PAMS/Flocculants list, available at:
https://deq.nc.gov/about/divisions/water-resources/water-resources-datalwater-
sciences-home-page/aquatic-toxicology-branch/downloads and used in accordance with
the listed application doses. No other chemical flocculants shall be used in the treatment
facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS)
information can be found on the Stormwater Permitting Program website.
C-4. Residuals Management
The residuals generated from treatment facilities must be disposed of in accordance with
applicable standards and in a manner such as to prevent any pollutants from such materials
from entering waters of the state or navigable waters of the United States.
C-5. Corrective Actions
The permittee shall take corrective actions if self -inspections required by this permit
identify a need for corrective actions, a facility fails to perform satisfactorily, or a facility
creates of nuisance conditions.
Corrective actions shall include, but not be limited to: maintenance, modifications, or
additions to existing control measures, the construction of additional or replacement
treatment or disposal facilities, or implementation of new BMPs. Corrective actions shall be
completed as soon as possible considering adverse weather and site conditions.
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Permit No. NCG020000
C-6. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater and wastewater treatment facilities if the
drawdown is for essential maintenance to assure efficient operation and one of the
following conditions is met:
(a) Either treatment facilities shall be drawn down from the surface, or
(b) Analytical sampling data of the water stored in the treatment facility demonstrates
that the discharge will not exceed benchmarks or violate effluent limitations in this
permit. The sampling data shall be collected no more than 14 calendar days prior to
the draw down.
C-7. Bypasses of Stormwater and Wastewater Treatment Facilities
Bypass is prohibited, and the Division may take enforcement action against a permittee for
bypass unless the permittee provides engineering evidence that all three of the following
conditions are met:
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(b) 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
(c) The permittee submitted notices and identified the reason(s) for the bypass as
required under C-9 below.
C-8. Upsets
Diversions of stormwater and wastewater from treatment facilities may be considered as an
upset if the permittee can demonstrate to the Director that all of the following conditions
have been met. In any enforcement proceeding, the permittee seeking to establish the
occurrence of an upset has the burden of proof.
(a) The permittee demonstrates that the upset was not caused by operational error,
improperly designed treatment or control facilities, lack of preventive maintenance, or
careless or improper operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as
required under Item (9) below.
C-9. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee
shall contact the appropriate Division regional office within the timeframes and in
accordance with the requirements listed in Table 1 below. Occurrences outside normal
business hours may also be reported to the Department's Environmental Emergency
Hotline at [phone].
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Permit No. NCG020000
Table 1: Bypass and Upset Reporting Requirements
Event
[40 CFR 122.41(m)(3)]
Reporting Requirements
Anticipated Bypass
Written report at least ten days prior to the anticipated
bypass. The written report shall include an evaluation of the
anticipated quantity, quality and effect of the bypass.
Unanticipated Bypass or Upset
Oral or electronic notification within 24 hours of the event,
and
Written report within 7 calendar days of the event. The written
report shall include an evaluation of the quantity, quality and
effect of the bypass.
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Permit No. NCG020000
PART D: INACTIVE MINES / DORMANT STATUS
The permitted facility is an active mine and the permittee shall implement and comply with
all permit conditions herein unless Dormant Status is approved in writing by the Division.
The permittee may request approval of Dormant Status and receive a temporary exemption
from monitoring requirements in this permit as long as Dormant Status eligibility is
maintained. All other provisions of this permit remain in effect regardless of Dormant
Status eligibility.
D-1. Eligibility for Dormant Status
Inactive mines that have suspended all industrial activity and stabilized the site are eligible
for Dormant Status if all of the following have been achieved:
(a) The permitted facility is temporarily inactive and the site has been stabilized;
(b) The permittee has submitted a written, signed certification to the Division's Regional
Office that the facility is temporarily inactive and all portions of the site where
clearing, grading and/or excavation activities have occurred are stabilized with
permanent vegetation;
(c) An inspection from the Division's Regional Office staff confirms that the site is
inactive, stabilized and appropriate for issuance of Dormant Status;
(d) The Division's Regional Office issues a letter specifically granting Dormant Status for
a period not to exceed the life of the permit;
(e) The Dormant Status approval has not expired;
Co The Division's letter granting Dormant Status is kept with the SWPPP and is
available for inspection upon request; and
(g) The permittee notifies the Division in writing within thirty (30) days prior to
reactivating and/or commencing mining activity at the facility.
D-2. Division Revision or Revocation of Dormant Status
The Division may revise or revoke Dormant Status and any associated temporary permit
exemptions in writing at any time. Revocation or revision shall be provided by issuance of a
new Dormant Status letter, which shall supersede any prior Dormant Status approvals.
D-3. Renewal of Dormant Status
The permittee may request reissuance of Dormant Status in writing by submitting a written
request to the Division's Regional Office. The request to renew Dormant Status shall include
a letter requesting renewal and a Dormant Status Certification Form (available at
https:/.Ideq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater) signed by the permittee. In this form, the permittee will certify that the facility
is still temporarily inactive, shall remain inactive for a period of one (1) year or less, and all
portions of the site where clearing, grading and/or excavation activities have occurred are
stabilized with permanent vegetation. The renewal request and certification must be
received by the Division within thirty (30) days prior to expiration of the current Dormant
Status approval.
Page 12 of 46

Permit No. NCG020000
D-4. Monitoring Under Dormant Status
The permittee shall perform and document all stormwater analytical monitoring,
stormwater qualitative monitoring and wastewater monitoring in accordance with this
permit unless specifically exempted from a monitoring requirement, in whole or part, in the
Division's written Dormant Status approval letter.
D-5. SCM Inspections Under Dormant Status
The permittee shall conduct monthly SCM inspections in accordance with this permit unless
specifically exempted from SCM inspection requirements, in whole or part, in the Division's
written Dormant Status approval letter. This exemption shall be based upon the Division's
site -specific determination that a SCM is not necessary because of sufficient permanent site
stabilization.
Page 13 of 46

Permit No. NCG020000
PART E: QUALITATIVE MONITORING OF STORMWATER DISCHARGES
The purpose of qualitative monitoring is to implement a quick and inexpensive way to
evaluate the effectiveness of the permittee's SWPPP, to identify the potential for new
sources of stormwater pollution, and to prompt the permittee's response to pollution.
E-1. Visual Inspections
(a) Visual inspections shall be made at each stormwater discharge outfall (SDO) that
discharges stormwater associated with industrial activity unless representative
outfall status specifically for visual monitoring has been approved in writing by the
Division.
(b) Visual inspections shall be performed concurrent with required analytical monitoring.
(c) Visual inspections are not required to be performed outside of the facility's normal
operating hours.
(d) Visual inspections shall be recorded on the Division's Stormwater Discharge Outfall
Qualitative Monitoring Report (QMR) form and shall include observations of:
• Color
• Odor
• Clarity
• Floating Solids
• Suspended Solids
• Foam
• Oil Sheen
• Deposition at or immediately below the outfall
• Erosion at or immediately below the outfall, and
• Other obvious indicators of stormwater pollution.
(e) Inability to perform inspections because of adverse weather or lack of discharge during
the monitoring period shall not constitute a failure to monitor if the event is
documented in the SWPPP and recorded on the Qualitative Monitoring Report.
E-2. Qualitative Monitoring Response
(a) If the permittee's qualitative monitoring indicates that the SWPPP and/or existing
stormwater BMPs are ineffective, or that significant stormwater contamination is
present, then the permittee shall investigate potential causes, evaluate the feasibility
of corrective actions, and implement those feasible corrective actions within sixty
(60) days.
(b) A written record of the permittee's investigation, evaluation, and response actions
shall be kept in the SWPPP.
Page 14 of 46

Permit No. NCG020000
PART F: ANALYTICAL MONITORING OF STORMWATER DISCHARGES
This part applies to industrial stormwater discharges of stormwater-only flows from mining
activity areas including, but not limited to, areas of mine excavation, other land disturbance,
process areas and vehicle maintenance. This part does not apply to wastewater discharges
from mine dewatering and process areas or stormwater discharges that are comingled with
wastewater.
F-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed and reported for four parameters; Total
Suspended Solids (TSS), Settleable Solids (SS), Turbidity for all outfalls and Non
Polar Oil and Grease for drainage areas that use greater thant 55 gallons/month of
oil on average.
(b) In addition to the grab samples, the average monthly usage of new motor and
hydraulic oil for the facility shall be tracked and recorded.
(c) The total rainfall amount for each sampling event shall be recorded in inches. Total
rainfall shall be determined from an on -site rain gauge or a regional rain gauge
located within one (1) mile of the facility.
(d) Samples shall be collected from two separate monitoring periods per year. A
minimum of sixty (60) days must separate the two sampling events:
• January 1 - June 30, and
• July 1 - December 31.
F-2. Baseline Sampling Benchmarks
(a) Analytic results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 2. An exceedance of a
benchmark value is not a permit violation; however, failure to respond in accordance
with F-2 (b) below is a permit violation.
(b) An exceedance of any benchmark value in Table 2 shall require a tiered response for
that parameter. A single exceedance of a benchmark value shall require a Tier One
response for that parameter. Two benchmark value exceedances in a row shall require
a Tier Two response for that parameter. Four benchmark exceedances for a parameter
within a five (5) year period shall require a Tier Three response for that parameter.
(c) Baseline sampling benchmarks for shall be in accordance with Table 2 below.
Page 15 of 46

Permit No. NCG020000
Table 2: Summary of Semi -Annual Baseline Sampling Requirements for Stormwater Discharges
Parameter
Receiving Stream
Code for
Parameter
Classification(s)1
Benchmark
Reporting
All except below
100 mg/1
C0530
Total Suspended Solids (TSS)
HQW, ORW, Tr, PNA
50 mg/l
00545
Settleable Solids (SS)
All
0.1 ml/1
All except below
50 NTU
00070
Turbidity (see additional
Lakes, reservoirs,
25 NTU
information in F-5 below)
and all saltwaters
Tr
10 NTU
46529
Total Rainfall of Sampled Event
(inches)
Non Polar Oil & Grease for
00552
drainage areas that use > 55
All
15 mg/L
gallons/month of oil on average
per EPA Method1664 (SGT-HEM)
NCOIL
Estimated average Monthly Oil
Usage at the Facility (gallons)
NOTE:
1 Stream classifications are defined in Definitions Section.
F-3. Additional Baseline Sampling Benchmarks for Brick Pits, Feldspar Ore, and Lithium
Ore Mines
(a) Brick Pits, Feldspar Ore Mines and Lithium Ore Mines shall monitor all of the
parameters listed in Table 2 and, in addition, shall monitor the parameters listed in
Table 3.
(b) An exceedance of any benchmark value in Table 3 shall require a tiered response for
that parameter. A single exceedance of a benchmark value shall require a Tier One
response for that parameter. Two benchmark value exceedances in a row shall require
a Tier Two response for that parameter. Four benchmark exceedances for a parameter
within a five (5) year period shall require a Tier Three response for that parameter.
Page 16 of 46

Permit No. NCG020000
Table 3. Additional Semi -Annual Baseline Sampling Requirements for Brick Pits, Feldspar Ore
Mines and Lithium Ore Mines for Stormwater Discharges
Parameter
Code for
Reporting
Parameter
Mine Type
Receiving
Stream
Type
Benchmark
Brick
Pits
Feldspar
Ore
Lithium
Ore
01105
Aluminum, total
X
X
X
Freshwater
0.75 mg/L
Saltwater
0.24 mg/L
01092
Zinc, total
recoverable
X
X
Freshwater
0.126 mg/L
Saltwater
0.095 mg/L
00951
Fluoride, total
X
X
X
All
6 mg/L
00900
Hardness, total
X
All
N/A
00400
pH
X
All
6-9
01097
Antimony, total
X
Freshwater
0.34 mg/L
Saltwater
None
01002
Arsenic, total
X
Freshwater
0.15 mg/L
Saltwater
0.069 mg/L
C0034
Chromium III
X
Freshwater
0.905
Saltwater
None
F-4. Additional Baseline Sampling Benchmarks for Phosphate and Industrial Sand Mines
(c) Phosphate and Industrial Sand Mines shall monitor all of the parameters listed in Table
2 and, in addition, shall monitor the parameters listed in Table 4.
(d) An exceedance of any benchmark value in Table 4 shall require a tiered response for
that parameter. A single exceedance of a benchmark value shall require a Tier One
response for that parameter. Two benchmark value exceedances in a row shall require
a Tier Two response for that parameter. Four benchmark exceedances for a parameter
within a five (5) year period shall require a Tier Three response for that parameter.
Table 4: Summary of Semi -Annual Baseline Sampling Requirements for Stormwater Discharges
Parameter
Mine Type
Receiving
Code for
Parameter
Stream
Benchmark
Reporting
Phosphate
Industrial Sand
Type
00951
Fluoride, total
X
X
All
6 mg/L
C0034
Chromium III
X
All
No
benchmark
39344
Alpha, Gross
X
X
All
No
Particle Activity
I benchmark
Page 17 of 46

Permit No. NCG020000
F-5. Exceedance of In -Stream Water Quality Standard for Turbidity
(a) No discharge shall cause the turbidity in the receiving stream to exceed water
quality standards, or increase the natural background levels of receiving streams
that exceed water quality standards. The in -stream water quality standards for
turbidity are:
• 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters)
• 25 NTU (all lakes and reservoirs, and all salt waters)
• 50 NTU (all other streams and surface waters)
(b) If natural background turbidity in the receiving stream exceeds water quality
standards, then the existing turbidity level shall not be increased as a result of any
permitted stormwater discharge.
(c) Demonstration of the natural background conditions and existing turbidity level
shall be determined by grab samples collected upstream and downstream of the
discharge.
(d) If the permittee elects to collect upstream and downstream samples to demonstrate
natural background turbidity conditions, then the samples shall be collected
concurrently with the required baseline outfall monitoring.
F-6. Methodology for Collecting Samples
(a) Grab samples shall be collected within the first 30 minutes of discharge. If physical
separation between outfalls prevents collecting all samples within the first 30 minutes,
the permittee shall begin sampling within the first 30 minutes, and shall continue until
completed.
(b) Samples collected shall be characteristic of the volume and nature of the permitted
discharge.
(c) Samples shall be collected during a measureable storm event. The previous
measureable storm event must have been at least 72 hours prior.
(d) Lack of a discharge from an outfall for the monitoring period, or inability to collect a
sample because of adverse weather conditions during a monitoring period, shall not
constitute failure to monitor as long as those conditions are reported on the
monitoring period DMR and noted in the SWPPP as "No Flow" or "No Discharge".
(e) Sampling is not required to be performed outside of the facility's normal operating
hours.
(f) If the sampled storm event coincides with a known non stormwater discharge that is
deemed permitted under 15A NCAC 02H .0106, then this shall be noted on the
stormwater discharge monitoring report.
F-7. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDO) that discharge
stormwater associated with industrial activity. If the Division has issued a representative
Page 18 of 46

Permit No. NCG020000
outfall status approval letter, then the permittee shall collect samples from all SDOs in
accordance with the SDO approval letter.
(a) All samples shall be taken before the discharge joins or is diluted by any other waste
stream, body of water, or substance.
(b) Monitoring points as specified in this General Permit shall not be changed without
written notification to and approval by the Division [40 CFR 122.41(j)].
(c) Analytical monitoring is not required for the outlet of any basin or pond designed to
contain the 25-year, 24-hour storm without discharging, and that can regain
capacity to hold such an event within five (5) days' time through means other than
discharge to surface waters.
F-8. Tier One Response: Single Benchmark Exceedance
(a) If any sampling result is above the benchmark value for any parameter at any
outfall, then the permittee shall respond in accordance with Table 5 to identify and
address the source of that exceedance for that parameter.
(b) Each required response shall be documented in the SWPPP as each action occurs
including; the date and value of the benchmark exceedance, the date the Division's
Regional Office was notified of the exceedance, the inspection date, the personnel
conducting the inspection, the selected feasible actions, and the date the selected
feasible actions were completed.
(c) Each exceedance of a benchmark parameter shall individually require a Tier I
response.
(d) The Tier One response shall be in accordance with Table 5 below.
Table 5: Tier One Response for a Benchmark Exceedance
Timeline From
Receipt of Sampling
Tier One Required Response/Action
Results
Continuously
i. Document the exceedance and each required response/action in
the SWPPP in accordance with F-8(b) above.
Within two weeks
ii. Notify the Division's Regional Office of the exceedance date and
value via email or, when it is developed, an electronic form
created by the Division for reporting exceedances.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Select specific, feasible courses of action to reduce concentrations
of the parameter(s) of concern including, but not limited to,
source controls, operational controls, or physical improvements.
Within two months
vi. Implement the selected feasible actions.
Page 19 of 46

Permit No. NCG020000
F-9. Tier Two Response: Two Consecutive Benchmark Exceedances
(a) If any two consecutive sampling results in a row are above the benchmark value for
any parameter at an outfall, then the permittee shall respond in accordance with
Table 6 to identify and address the source of exceedances for that parameter at that
outfall.
(b) After implementing the specific feasible courses of action, perform monthly
monitoring for the exceeded parameter until three samples in a row are below the
benchmark value.
(c) If turbidity is the exceeded parameter, monthly monitoring shall include in -stream
grab samples taken upstream and downstream of the discharge outfall. The
permittee shall notify the Division about the locations of the upstream and
downstream sampling points.
(d) Each required response shall be documented in the SWPPP as each action occurs
including; the dates and values of the benchmark exceedances, the date the
Division's Regional Office was notified of the consecutive exceedances, the
inspection date, the personnel conducting the inspection, the selected feasible
actions, the date the selected feasible actions were completed, and the monthly
monitoring results.
(e) Each pair of two consecutive exceedances of a single benchmark parameter at a
single outfall shall constitute an event that requires a Tier Two response.
Subsequent events shall not include the same exceedances that have been
addressed in a Tier Two response.
(f) The Tier Two response shall be in accordance with Table 6 below.
Table 6: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline From
Receipt of Sampling
Tier Two Required Response/Action
Results
Continuously
i. Document the exceedance and each required response/action in
the SWPPP in accordance with F-9(b) above.
Within two weeks
ii. Notify the Division's Regional Office in writing of the exceedance
date and value.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Select specific, feasible courses of action to reduce
concentrations of the parameter(s) of concern including, but not
limited to, source controls, operational controls, or physical
improvements.
Page 20 of 46

Permit No. NCG020000
Within two months vi. Implement the selected feasible actions.
vii. Implement monthly monitoring of the exceeded parameter and
continue until three samples in a row are below the benchmark
value. If turbidity is the exceeded parameter, implement in -
stream monitoring both upstream and downstream of the
discharge outfall.
F-10. Tier Three Response: Four Benchmark Exceedances Within 5 Years
(a) If any four sampling results within a five-year period for any single parameter are
above the benchmark value at a sampled outfall, then the permittee shall respond in
accordance with Table 7 to identify and address the source of exceedances for that
parameter at that outfall.
(b) The permittee shall prepare a written Action Plan and submit to the Division's
Regional Office for review and approval within thirty (30) days of receipt of the
fourth analytic monitoring data point that exceeds the benchmark value. At a
minimum, the Action Plan shall include:
• documentation of the four benchmark exceedances,
• an inspection report that covers the industrial activities within the drainage
area of the outfall with the exceedances (including the date of the inspection and
the personnel conducting the inspection),
• an evaluation of standard operating procedures and good housekeeping
procedures,
• identification of the source(s) of exceedances,
• specific actions that will be taken to remedy the identified source(s) with a
schedule for completing those actions, and
• a monitoring plan to verify that the Action Plan has addressed the source(s).
(c) The permittee shall keep the Action Plan in the SWPPP and document when each
specific action was carried out and by whom.
(d) The permittee shall contact the Division's Regional Office when all actions in the
Action Plan are completed.
(e) The Tier Three response shall be in accordance with Table 7 below.
Table 7: Tier Three Response for Four Benchmark Exceedances Within Five Years
Timeline From
Receipt of Fourth
Tier Three Required Response/Action
Sampling Result
Continuously
i. Document the exceedances and each required response/action in
the SWPPP in accordance with F-10(b) above.
Page 21 of 46

Permit No. NCG020000
Within two weeks
ii. Notify the Division's Regional Office in writing of the affected
outfall, four exceedance dates and values.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month
v. Prepare an Action Plan and submit to the Division's Regional
Office for review and approval.
Upon DEQ Approval
vi. Implement the approved Action Plan.
Upon Completion of
vii. Notify the Division's Regional Office of Action Plan completion.
Approved Action Plan
PART G: AUTHORIZED WASTEWATER DISCHARGES
G-1. Authorized Wastewater Discharges
(a) All proposed wastewater discharges shall be specifically listed in the Notice of
Intent.
(b) The permittee is only authorized to discharge wastewater specifically identified in
the Notice of Intent and approved by the Division by issuance of the COC.
(c) Wastewater discharges that may be authorized under this general permit are
limited to the following. Any of those wastewaters commingled with stormwater
shall be considered wastewater:
• Mine dewatering,
• Process wastewater,
• Comingled stormwater and wastewater, and
• Discharges from recycle systems.
(d) Mine dewatering discharges to land surfaces without the potential to discharge
directly to surface waters and where no chemicals are used in the mining process
may be permitted by regulation under 15A NCAC 02T .0113(a)(16) and are not
subject to the provisions of this permit.
(e) Process wastewater discharges generated by any other activity shall not be
authorized under this permit, except allowable non-stormwater discharges
permitted by 15A NCAC 2H .0106(f).
G-2. Mine Dewatering
(a) These requirements apply to all mine dewatering, and includes dewatering from pits
for quarries, clay brick, sand and gravel, borrow pits, and refractory mining, as well
as mines with similar discharges.
(b) Permittees conducting mine dewatering activities that have the potential to drain
wetlands or other surface waters shall implement a Pumping Operation and
Monitoring (POM) Plan approved by the Division. The POM shall be submitted with
the NOI for the Division's review and approval. Written Division approval of the
POM is required prior to the discharge of mine dewatering.
Page 22 of 46

Permit No. NCG020000
(c) POM Plans shall include, but are not limited to:
• Groundwater monitoring strategies to demonstrate the effect of pumping,
• Detailed plans to maintain the surrounding hydrology that protects the affected
streams and wetlands,
• Monitoring to demonstrate compliance, and
• The pumping regime deemed necessary to protect affected streams and wetlands.
(d) Approval of the POM Plan may be required prior to coverage under this General
Permit.
G-3. Process Wastewater
(a) These requirements apply to all process wastewater from mining operations which
includes, but may not be limited to, the water involved in:
• The slurry transport, washing, or sawing of mined material;
• Air emissions control or processing exclusive of mining of sand, gravel, and
stone washing operations;
• Dimension stone cutting operations; and air scrubbing and dust control
operations.
(b) Treatment may involve conveyance through erosion and sedimentation control
(E&SC) structures and/or other engineered treatment systems.
G-4. Commingled Stormwater and Wastewater
(a) If authorized mine dewatering or process wastewaters commingle with stormwater
prior to discharge, then the permittee shall sample the combined discharge as a
wastewater discharge.
(b) Sampling shall be performed during the discharge. These sampling events may or
may not be associated with rainfall.
G-5. Discharges from Recycle Systems
Authorized process wastewater discharges (overflows) from a recycle system to surface
waters are subject to the provisions, monitoring requirements, and effluent limitations in
this General Permit.
Page 23 of 46

Permit No. NCG020000
PART H: ANALYTICAL MONITORING OF WASTEWATER DISCHARGES
H-1. Wastewater Sampling Schedule
(a) Wastewater discharges shall be monitored quarterly for the first year of this permit
term. Sampling shall be performed in each of the four quarterly monitoring periods:
• January 1 - March 31,
• April 1- June 30,
• July 1 - September 30, and
• October 1 - December 31.
(b) For subsequent permit years, wastewater discharges shall be monitored semi-
annually. Sampling shall be performed in each of the two semi-annual monitoring
periods:
• January 1 - June 30, and
• July 1- December 31.
(c) If any sample concentration exceeds any effluent limit in Table 8, then monitoring
shall be performed quarterly at that outfall for all parameters until four consecutive
samples are below the effluent limits for parameters The schedule for quarterly
monitoring shall be in accordance with (a).
(d) If no discharge occurs during the sampling period, the permittee shall record "No
Flow" or "No Discharge" within 30 days of the end of the sampling period in the
facility's monitoring records.
H-2. Parameters and Limitations
(a) Wastewater discharges shall not exceed the effluent limitations provided in Table 8.
(b) The permittee shall collect and analyze grab samples of wastewater effluent for pH,
TSS, and Turbidity at each wastewater outfall.
(c) Permittees discharging wastewater to receiving waters classified as HQW, ORW, SA,
SB, Tr or PNA shall also sample for Settleable Solids.
(d) Permittees discharging wastewater to receiving waters classified as SA shall also
collect and analyze grab samples of wastewater effluent for Fecal Coliform.
(e) Permittees discharging wastewater to receiving waters classified as SA, SB and SC
shall also collect and analyze grab samples of wastewater effluent for Enterococcus.
(f) Clay pits shall be sampled regardless of basin/pond design.
(g) Except for clay pits, grab sampling is not required for discharges from a basin/pond
designed to contain or treat mine dewatering wastewater which only discharges in
response to rainfall in excess of the 10-yr, 24-hr storm.
(h) Any exceedance of the in -stream water quality standard for turbidity shall require
effluent, upstream and downstream monitoring for turbidity concurrent with
quarterly monitoring per the schedule in H-1(a).
(i) Daily flow rate shall be recorded by a continuous flow measurement instrument.
Alternatively, pump curves and pump logs may be used as a means to calculate the
Page 24 of 46

Permit No. NCG020000
daily flow rate.
(j) Effluent limitations for wastewater discharges shall be in accordance with Table 8
below.
Table 8: Effluent Limitations for Wastewater Discharges
Parameter
Receiving Stream
Monthly
Code for
Parameter
Classification1
Average2
Daily Maximum2
Reporting
Freshwater
----
6.0 - 9.0
00400
pH Range3
Saltwater
----
6.8 - 8.5
For industrial sand
For industrial sand
mines, 25 mg/1
mines, 45 mg/l
All except below
No limit for other
No limit for other
C0530
TSS
mine types
mine types
HQW, ORW
20 mg/1
30 mg/l
HQW/ORW Tr, PNA
10 mg/l
15 mg/l
00070
Turbidity
----
See H-4
00545
Settleable Solids
HQW, ORW, SA, SB,
0.1 ml/1
0.2 ml/1
PNA, Tr
31616
Fecal Coliform4
SA
---
---
61211
Enterococcus4
SA, SB and SC (a)
---
---
Daily Flow Rate (cfs)
HQW/ORW Tr, PNA
----
50% of 7Q10
NOTES:
1 Water Quality Classifications are defined in the Definitions Section.
2 Note that for a semi-annual or quarterly sampling schedule, the sample result counts as
both the Daily Maximum and Monthly Average value. More freq uen t samples may be
conducted to calculate averages, but all sampling events must be recorded on the DMR per
1-5 of this permit.
3 Designated swamp waters can have a pH as low as 4.3 because of natural conditions. In
such cases, Federal Effluent Guidelines (40 CFR §436) allow the lower range of the pH
limitations to be adjusted downward to no lower than 5.0. The permittee must sample
instream to demonstrate a lower limit is appropriate.
4 In SA, SB, and SC waters, the DEQ-Division of Marine Fisheries (DMF)- Recreational
Monitoring program includes Enterococcus monitoring. In only SA waters, the DEQ - DMF
- Shellfish Growing Waters monitoring program includes Fecal Coliform monitoring.
Page 25 of 46

Permit No. NCG020000
H-3. Additional Parameters and Limitations for Brick Pits, Feldspar Ore Mines, and
Lithium Ore Mines
(a) Wastewater discharges from Brick Pits, Feldspar Ore Mines and Lithium Ore Mines
shall not exceed the effluent limitations provided in both Table 8 and Table 9.
(b) Permittees discharging wastewater from Brick Pits, Feldspar Ore Mines and Lithium
Ore Mines shall also collect and analyze grab samples and report the sampling
results for Chromium but there are no effluent limitations associated with
Chromium.
Table 9. Additional Semi -Annual Baseline Sampling Requirements for Brick Pits, Feldspar Ore
Mines and Lithium Ore Mines for Wastewater Discharges
Parameter
Code for
Reporting
Parameter
Mine Type
Receiving
Stream
Type
Limit
Brick
Pits
Feldspar
Ore
Lithium
Ore
01105
Aluminum, total
X
X
X
Freshwater
0.75 mg/L
Saltwater
0.24 mg/L
01092
Zinc, total
recoverable
X
X
Freshwater
0.126 mg/L
Saltwater
0.095 mg/L
00951
Fluoride, total
X
X
X
All
6 mg/L
00900
Hardness, total
X
All
N/A
00400
pH
X
All
6-9
01097
Antimony, total
X
Freshwater
0.34 mg/L
Saltwater
None
01002
Arsenic, total
X
Freshwater
0.15 mg/L
Saltwater
0.069 mg/L
C0034
Chromium III
X
Freshwater
0.905
Saltwater
None
H-4. Additional Parameters and Limitations for Phosphate and Industrial Sand Mines
(a) Wastewater discharges from Phosphate and Industrial Sand Mines shall not exceed the
effluent limitations provide in both Table 8 and Table 10.
(b) Permittees discharging wastewater from Brick Pits, Feldspar Ore Mines and Lithium
Ore Mines shall also collect and analyze grab samples and report the sampling results
for Chromium and Gamma/Beta but there are no effluent limitations associated with
Chromium and Gamma/Beta.
Page 26 of 46

Permit No. NCG020000
Table 10: Summary of Semi -Annual Baseline Sampling Requirements for Wastewater Discharges
Parameter
Mine Type
Receiving
Code for
Parameter
Stream
Limit
Industrial
Reporting
Phosphate
Sand
Type
00951
Fluoride, total
X
X
All
6 mg/L
Freshwater
0.069 mg/L
C0034
Chromium III
X
Saltwater
None
39344
Alpha, Gross
X
X
All
None
Particle Activity
H-5. Exceedance of In -Stream Water Quality Standard for Turbidity
(a) No discharge shall cause the turbidity in the receiving stream to exceed water
quality standards, or increase the natural background levels of receiving streams
that exceed water quality standards. The in -stream water quality standards for
turbidity are:
• 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters)
• 25 NTU (all lakes and reservoirs, and all salt waters)
• 50 NTU (all other streams and surface waters)
(b) If natural background turbidity in the receiving stream exceeds water quality
standards, then the existing turbidity level shall not be increased as a result of any
permitted wastewater discharge.
(c) Demonstration of the natural background conditions and existing turbidity level
shall be determined by grab samples collected upstream and downstream of the
discharge.
(d) If the permittee elects to collect upstream and downstream samples to demonstrate
natural background turbidity conditions, then the samples shall be collected
concurrently with the required baseline outfall monitoring.
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Permit No. NCG020000
PART I: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
I-1. Deadlines for Submittal of Discharge Monitoring Reports
(a) Discharge Monitoring Reports (DMRs) for Periods 1 and 2 shall be submitted no
later than 30 days from the date that the facility receives the sampling results.
(b) For COCs issued between June 1-30 or Dec 1-31, sampling shall not commence until
the next sampling period following initial issuance of the COC.
I-2. Discharge Monitoring Report (DMR) Forms
Samples analyzed in accordance with the terms of this General Permit shall be recorded on
Discharge Monitoring Report (DMR) forms provided by the Director. DMR forms are
available on the Division's website https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-industrial-stormwater.)
I-3. Signature Requirements on Discharge Monitoring Report (DMR) Forms
DMRs shall be signed and certified by a person meeting the Signatory requirements in K-1.
I-4. Results Below Detection Limits
When results are below detection limit, they shall be reported in the format, "<XX mg/L,"
where XX is the numerical value of the detection limit.
I-5. Occurrences of No Discharge
If no discharge occurs during the sampling period, the permittee must record within 30
days of the end of the sampling period in the facility's monitoring records. "No Flow" or "No
Discharge" shall be reported on the Discharge Monitoring Report (DMR).
I-6. Reports if More Frequent Monitoring Has Occurred
If the permittee monitors any pollutant more frequently than required by this General Permit
using test procedures approved under 40 CFR Part 136 and at a sampling location specified in
this General Permit, the results of such monitoring shall be included in the data submitted on
the DMR. However, for purposes of benchmark comparison and Tiered response actions, the
permittee shall use the analytical results from the first sample with valid results within the
monitoring period and submit it no later than 30 days from that date the facility receives the
sampling results.
I-7. Report if Begin Discharging to a Waterbody Not Listed in the Notice of Intent
The permittee shall request a modification to the COC the Division prior to discharging to a
new SDO to a waterbody that is not listed on the most current COC for the mine to request a
modification of the COC.
I-8. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
Original, signed DMR form shall be scanned and uploaded to the electronic DMR submittal
form, which can be found by typing "deq.nc.gov/SW-Industrial" into a browser window and
hitting "enter."
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Permit No. NCG020000
Then, the original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office, which is indicated at: https:lldeq.nc.gov/contact/regional-
offices/.
I-9. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
After the Division has created an electronic reporting system to accept NPDES stormwater
permit monitoring data, the permittee shall report discharge monitoring data electronically
using the Division's Electronic Discharge Monitoring Report (eDMR) internet application. The
Division will notify permittees when eDMR is ready to accept stormwater monitoring data.
I-10. Qualitative Monitoring Reports
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division and shall retain the completed
forms on site. Qualitative monitoring results shall not be submitted to the Division, except
upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are
available the Division's website (https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-stormwater-gps).
I-11. Monitoring Report Retention
Copies of the following reports shall be maintained on -site or be available electronically to
the Division upon request. These records or copies shall be maintained for a period of at
least 5 years from the date of the sample, measurement, report or Notice of Intent
application. This period may be extended by request of the Director at any time [40 CFR
122.41].
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report
submissions,
(d) Visual monitoring records, and
(e) Copies of all data used to complete the Notice of Intent to be covered by this General
Permit.
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Permit No. NCG020000
PART J: OTHER OCCURENCES THAT MUST BE REPORTED
After becoming aware of an occurrence that must be reported, the permittee shall contact the
appropriate Division regional office within the timeframes and in accordance with the other
requirements listed in Table 11 below. Occurrences outside normal business hours may also be
reported to the Department's Environmental Emergency Center personnel at [phone].
Table 11: Other Occurrences that Shall Be Reported
Occurrence
Reporting Timeframes (After Discovery) and
Other Requirements
Visible sediment deposition in a
(a)
Within 24 hours, an oral or electronic notification.
stream or wetland
(b)
Within 7 calendar days, a report that contains a
description of the sedimentation event and permittee
actions taken to address it.
Oil spills if they are:
(c)
Within 24 hours, an oral or electronic notification. The
• 25 gallons or more,
notification shall include information about the date, time,
• less than 25 gallons but cannot
nature, volume and location of the spill or release.
be cleaned up within 24 hours,
• cause sheen on surface waters
(regardless of volume), or
• are within 100 feet of surface
waters (regardless of volume).
Releases of hazardous substances
(d)
Within 24 hours, an oral or electronic notification. The
in excess of reportable quantities
notification shall include information about the date, time,
under Section 311 of the Clean
nature, volume and location of the spill or release.
Water Act Ref: 40 CFR 110.3and
40 CFR 117.3) or section 102 of
CERCLA (Ref: 40 CFR 302.4) or
G.S.143-215.85
Noncompliance with the
(e)
Within 24 hours, an oral or electronic notification.
conditions of this permit that may
(f)
Within 7 calendar days, a report that contains a
endanger health or the
description of the noncompliance, and its causes; the
environment. [40 CFR
period of noncompliance, including exact dates and times,
122.41(1)(7)]
and if the noncompliance has not been corrected, the
anticipated time noncompliance is expected to continue;
and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. [40 CFR
122.41(l) (6).
(g)
Division staff may waive the requirement for a written
report on a case -by -case basis.
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Permit No. NCG020000
PART K: PERMIT ADMINISTRATION
K-1. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall
be signed and certified [40 CFR 122.41(k)].
(a) All Notices of Intent to be covered under this General Permit shall be signed as follows:
• 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 are 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.
• For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
• For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official [40 CFR 122.22].
(b) All reports required by the General Permit and other information requested by
the Permit Issuing Authority shall be signed by a person described in paragraph
a. above or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
• The authorization is made in writing by a person described above;
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
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
• The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22].
(c) Changes to authorization: If an authorization under paragraph (b) of this section is
no longer accurate because a different individual or position has responsibility for
the overall operation of the facility, a new authorization satisfying the requirements
of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an
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Permit No. NCG020000
authorized representative [40 CFR 122.22]
(d) Certification. Any person signing a document under paragraphs a. or b. of this
section, or submitting an electronic report (e.g., eDMR), shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED.
"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 properlygather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible forgathering 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 offines and imprisonmentfor knowing violations."
K-2. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the
Division may renew them after all public notice requirements have been satisfied. If a
general permit is renewed, existing permittees do not need to submit a renewal request or
pay a renewal fee unless directed by the Division. New applicants seeking coverage under a
renewed general permit must submit a Notice of Intent (NOI) to be covered and obtain a
Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)].
K-3. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at
the permitted facility which could significantly alter the nature or quantity of pollutants
discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are
not specifically listed in the General Permit or subject to notification requirements under 40
CFR Part 122.42 (a).
K-4. Transfers
This General Permit is not transferable to any person without prior written notice to and
approval from the Director in accordance with 40 CFR 122.61. The Director may condition
approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and
may require modification or revocation and reissuance of the Certificate of Coverage, or a
minor modification, to identify the new permittee and incorporate such other requirements
as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The
Permittee is required to notify the Division in writing in the event the permitted facility is
sold or closed.
K-5. 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 an alternative general permit. Any interested person may petition the Director to
take action under this paragraph. Cases where an individual permit may be required
include, but are not limited to, the following:
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Permit No. NCG020000
(a) The discharger is a significant contributor of pollutants;
(b) 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;
(c) The discharge violates the terms or conditions of this General Permit;
(d) A change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the point
source;
(e) Effluent limitations are promulgated for the point sources covered by this General Permit;
(f) A water quality management plan containing requirements applicable to such point
sources is approved after the issuance of this General Permit;
(g) The Director determines at his or her own discretion that an individual permit is required.
K-6. When 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 an 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.
K-7. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this General Permit does not prohibit the Permit Issuing Authority from
reopening and modifying the General Permit, revoking and reissuing the General Permit, or
terminating the General Permit as allowed by the laws, rules, and regulations contained in
Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et
al. After public notice and opportunity for a hearing, the General Permit may be terminated
for cause. The filing of a request for a General Permit modification, revocation and
reissuance, or termination does not stay any General Permit condition. The Certificate of
Coverage shall expire when the General Permit is terminated.
K-8. Certificate of Coverage Actions
Coverage under the General Permit may be modified, revoked and reissued, or terminated
for cause. The notification of planned changes or anticipated noncompliance does not stay
any General Permit condition [40 CFR 122.41(f)].
K-9. Requirement to Report Incorrect Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of
Intent to be covered under this General Permit, or submitted incorrect information in that
Notice of Intent application or in any report to the Director, it shall promptly submit such
facts or information [40 CFR 122.41(1)(8)].
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Permit No. NCG020000
K-10. Waivers from Electronic Reporting
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to
the facility being physically located in an area where less than 10 percent of the households
have broadband access, then a temporary waiver from the NPDES electronic reporting
requirements may be granted and discharge monitoring data may be submitted on paper
DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be
submitted to the mailing address above. See "How to Request a Waiver from Electronic
Reporting" section below.
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic reporting
waiver request to the Division. Requests for temporary electronic reporting waivers must
be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin submitting monitoring
data and reports. The duration of a temporary waiver shall not exceed 5 years and shall
thereupon expire. At such time, monitoring data and reports shall be submitted
electronically to the Division unless the permittee re -applies for and is granted a new
temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are
found on the following web page: https:/.Ideq.nc.gov/about/divisions/water-
resources/edmr
K-11. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in accordance
with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage
under the General Permit.
K-12. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the accuracy and reliability
of measurements of the volume of monitored discharges.
K-13. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this General Permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no
approved methods are determined capable of achieving minimum detection and reporting
Page 34 of 46

Permit No. NCG020000
levels below the General Permit discharge requirements, then the most sensitive (method
with the lowest possible detection and reporting level) approved method must be used.
K-14. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
analytical sampling requirements may be performed at a reduced number of outfalls.
K-15. 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. As required by the Act,
analytical data shall not be considered confidential. Knowingly making any false statement
on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.613 or in Section 309 of the Federal Clean Water Act.
Page 35 of 46

Permit No. NCG020000
PART L: COMPLIANCE AND LIABILITY
L-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
(a) Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 6 months of the effective date of the Certificate of Coverage
and updated thereafter on an annual basis. Secondary containment, as specified in
Part III of this General Permit, shall be accomplished within 12 months of the
effective date of the issuance of the Certificate of Coverage.
(b) New Facilities applying for coverage for the first time: The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of
discharges from the operation of the industrial activity and be updated thereafter
on an annual basis. Secondary containment, as specified in Part III of this General
Permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
(c) Existing facilities previously permitted and applying for renewal under this General
Permit: All requirements, conditions, limitations, and controls contained in this
permit (except new SWPPP elements in this permit renewal) shall become effective
immediately upon issuance of the Certificate of Coverage. New elements of the
Stormwater Pollution Prevention Plan for this permit renewal shall be developed
and implemented within 6 months of the effective date of this General Permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part
III of this General Permit shall be accomplished prior to the beginning of discharges
from the operation of the industrial activity.
L-2. Duty to Comply
The permittee must comply with all conditions of this General Permit. Any permit
noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or
denial of a permit upon renewal application [40 CFR 122.41].
(a) The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations
that establish these standards or prohibitions, even if the General Permit has not yet
been modified to incorporate the requirement [40 CFR 122.41].
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308,
318 or 405 of the Act, or any permit condition or limitation implementing any such
sections in a permit issued under section 402, or any requirement imposed 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 $37,500 per day for each violation [33 USC
1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306,
307, 308, 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
Page 36 of 46

Permit No. NCG020000
imposed in a pretreatment program approved under section 402 (a) (3) or 402 (b) (8)
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 imprisonment of not
more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
(d) 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 knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not
more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR122.41(a)(2)].
(e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405
of the Act, or any permit condition or limitation implementing any of such sections
in a permit 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 [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 per violation may be
assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit [North Carolina General Statutes § 143-
215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this 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. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)].
L-3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this General Permit which has a reasonable likelihood of adversely affecting
human health or the environment [40 CFR 122.41(d)].
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Permit No. NCG020000
L-4. Civil and Criminal Liability
Except as provided in Part V, Section C of this General Permit regarding bypassing of
stormwater control facilities, nothing in this permit shall be construed to relieve the
permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to
NCGS 143-215.3,143-215.6, 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.
L-5. 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.
L-6. 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 [40 CFR 122.41(g)].
L-7. 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 [NCGS 15013-23].
L-8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating the General Permit issued
pursuant to this General Permit or to determine compliance with this General Permit. The
permittee shall also furnish to the Permit Issuing Authority upon request, copies of records
required to be kept by this General Permit [40 CFR 122.41(h)].
L-9. Penalties for Tampering
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 imprisonment 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 [40 CFR 122.41].
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Permit No. NCG020000
L-10. Penalties for Falsification of Reports
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 [40 CFR 122.41].
L-11. Onshore or Offshore Construction
This General Permit does not authorize or approve the construction of any onshore or
offshore physical structures or facilities or the undertaking of any work in any navigable
waters.
L-12. Duty to Reapply
Dischargers covered by this General Permit need not submit a new Notice of Intent (NOI) or
renewal request unless so directed by the Division. If the Division chooses not to renew this
General Permit, the permittee will be notified to submit an application for an individual
permit [15A NCAC 02H
.0127(e)].
L-13. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, 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 permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location [40 CFR 122.41(i)].
L-14. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this General Permit [40 CFR 122.41(c)].
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Permit No. NCG020000
PART M: DEFINITIONS
Additional definitions for the NPDES Program may be found in federal rule at 40 CFR Part 122.2 and
in the effluent limitation guidelines for the Mineral Mining and Processing Point Source Category at
40 CFR Part 436.
Act
See Clean Water Act.
Adverse Weather
Weather conditions are those that are dangerous or create inaccessibility for personnel,
such as local flooding, high winds, or electrical storms, or situations that otherwise make
sampling impractical. When adverse weather conditions prevent the collection of samples
during the sample period, the permittee must take a substitute sample or perform a visual
assessment during the next qualifying storm event. Documentation of an adverse event
(with date, time and written narrative) and the rationale must be included with your
SWPPP records. Adverse weather does not exempt the permittee from having to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to
monitor must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This General Permit regulates stormwater discharges. Non-stormwater discharges which
shall be allowed in the stormwater conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and fire
hydrant flushings, water from footing drains, irrigation waters, flows from riparian
habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or
eye wash as a result of use in the event of an emergency.
Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure. More information on
BMPs can be found at: http_//cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
Bulk Storage of Liquid Materials
Liquid raw materials, in -process liquids and reactants, manufactured products, waste
materials or by-products contained in a single above ground container, tank, or vessel
having a capacity of greater than 660 gallons or contained in multiple above ground
containers, tanks, or vessels located in close proximity to each other having a total
combined capacity of greater than 1,320 gallons.
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Permit No. NCG020000
Bypass
The known diversion of stormwater from any portion of a control facility including the
collection system, or the diversion of waste streams from any portion of a treatment facility
including the collection system, which is not a designed or established operating mode for
the facility.
Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit
upon issuance and lists the facility name, location, receiving stream, river basin, effective
date of coverage under the general permit and is signed by the Director.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
Division
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality
(DEQ), formerly the Department of Environment and Natural Resources.
Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
EMC
The North Carolina Environmental Management Commission.
Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) should be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
High Quality Waters (HQW)
Supplemental North Carolina water quality classification intended to protect waters which are
rated excellent based on biological and physical/chemical characteristics through Division
monitoring or special studies, or HQW by definition:
1. Water Supply Watershed I (WS-I),
2. Water Supply Watershed II (WS-II),
3. Water Supply Watershed III(WS-III),
4. SA waters (commercial shellfish),
5. Outstanding Resource Waters (ORW),
6. Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission, or
7. Waters for which the Division of Water Resources has received a petition for
reclassification to either WS-I or WS-II.
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Permit No. NCG020000
Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which
is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste
long-term storage facility or a surface storage facility.
Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The
previous measurable storm event must have been at least 72 hours prior (applies
specifically to this NCG020000 General Permit). The 72-hour storm interval may not apply
if the permittee is able to document that a shorter interval is representative for local storm
events during the sampling period, and obtains approval from the Division's Regional Office.
Two copies of this information and a written request letter shall be sent to the Division's
Regional Office. After authorization by the Division's Regional Office, a written approval
letter must be kept on site in the permittee's SWPPP.
Mine Dewatering
See Code of Federal Regulations for definition applicable to specific mineral mining
subcategories in 40 CFR Part 436. The term "mine dewatering" (wastewater) means any
water that is impounded or that collects in the mine and is pumped, drained, or otherwise
removed from the mine through the efforts of the mine operator. For the Construction Sand
and Gravel Subcategory and Industrial Sand Subcategory, "mine dewatering" also includes
wet pit overflows caused solely by direct rainfall and ground water seepage. In this context,
and also from 40 CFR Part 436, the term "mine" means an area of land, surface or
underground, actively mined for the production of either crushed and broken stone
(Crushed Stone Subcategory), sand and gravel (Construction Sand and Gravel, Industrial
Sand Subcategories), or other mine product, from natural deposits.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
No Exposure
A condition of no exposure means that all industrial materials and activities are protected
by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,
snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to,
material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products. The Division's
Regional Office may grant a No Exposure Exclusion from NPDES stormwater permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g).
Notice of in tent
The state application form which, when submitted to the Division, officially indicates the
facility's notice of intent to seek coverage under a general permit.
Outstanding Resource Water (ORW)
Supplemental North Carolina water quality classification intended to protect unique and special
waters having excellent water quality and being of exceptional state or national, ecological or
recreational significance. To qualify, waters must be rated "excellent" by the NC Division of Water
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Permit No. NCG020000
Resources, and have one of the following outstanding resource values:
1. Outstanding fish habitat and fisheries,
2. Unusually high level of water based recreation or potential for such kind of recreation,
3. Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge,
4. Important component of state or national park or forest; or
S. Special ecological or scientific significance (rare or endangered species habitat, research
or educational areas).
All ORWs are also considered High Quality Waters (HQW) by supplemental classification.
Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to,
any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is
or may be discharged to waters of the state.
Primary Nursery Area (PNA)
Areas in the estuarine system that provide essential habitat for the early development of
commercially important fish and shellfish as defined by the NC Marine Fisheries Commission.
These areas are usually located in the uppermost sections of a system where populations are
uniformly very early juveniles. The Division of Marine Fisheries is responsible for preserving,
protecting and developing Primary Nursery Areas for commercially important finfish and shellfish.
Process Generated Wastewater
See Code of Federal Regulations for definition applicable to specific mineral mining
subcategories in 40 CFR Part 436.
Process Wastewater
Any water which, during manufacturing or processing, comes into direct contact with or
results from the production or use of any raw material, intermediate product, finished
product, byproduct, or waste product See Code of Federal Regulations in 40 CFR Part 122.2.
Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division's Regional Office may
grant representative outfall status. Representative outfall status (ROS) allows the permittee
to perform analytical monitoring at a reduced number ofoutfalls.
SA
Primary North Carolina water quality classification to protect tidal salt waters that are used for
commercial shellfishing or marketing purposes and are also protected for all Class SC and Class SB
uses. All SA waters are also HQW by supplemental classification.
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Permit No. NCG020000
SB
Primary North Carolina water quality classification intended to protect tidal salt waters for all SC
uses in addition to primary recreation. Primary recreational activities include swimming, skin
diving, water skiing, and similar uses involving human body contact with water where such
activities take place in an organized manner or on a frequent basis.
SC
Primary North Carolina water quality classification intended to protect tidal salt waters for
secondary recreation such as fishing, boating, and other activities involving minimal skin contact;
fish and noncommercial shellfish consumption; aquatic life propagation and survival; and wildlife.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to contain the 25-year, 24-hour storm event.
Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning
and Community Right- to -Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
• Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
Is a pollutant for which EPA has published acute or chronic water quality criteria.
Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which 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.
Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of
SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have
the potential to be released with stormwater discharges.
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Permit No. NCG020000
Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
Stormwater Discharge Associated with Industrial Activity
This term is defined in 40 CFR 122.26(14).
Stormwater Control Measure (SCM)
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from stormwater runoff by promoting setline or filtration; or to mimic the
natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration
discharge, reuse of stormwater, or a combination thereof.
Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters
of the State of North Carolina.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
Storm water Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater
and which is directly related to manufacturing, processing or raw material storage areas at
an industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from
facilities or activities excluded from the NPDES program.
Stormwater Pollution Prevention Plan (SWPPP)
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at http://aortal.ncdenr.org jweb/wq,[ps/mtu/tmdl.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
Trout Water (Tr)
Supplemental NC water quality classification intended to protect freshwaters for natural trout
propagation and survival of stocked trout on a year round basis. This is not the same as the NC
Wildlife Resources Commission's Designated Public Mountain Trout Waters.
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Permit No. NCG020000
Upset
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 permittee. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment or control facilities, inadequate treatment or control facilities, lack
of preventive maintenance, or careless or improper operation.
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.
10 year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 10 years.
25 year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
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