NCG250000_DRAFT Permit to Notice_20200715

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG250000 - DRAFT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for:
Construction Activities that are not Subject to the
North Carolina Sedimentation Pollution Control Act of 1973
In compliance with the provisions of North Carolina General Statute (G.S.) 143-21S.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, hereinafter 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 to the
surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface
waters in accordance with the terms and conditions set forth herein.
Coverage under General Permit No. NCG250000, hereafter referred to as NCG25, is applicable to:
All owners or operators of stormwater discharges associated with construction activities such as clearing,
grading, and excavation that meet all of the following criteria:
• result in the disturbance of a land area greater than or equal to one acre, or that are part of a common
plan of development of that size or greater;
• are not subject to the North Carolina Sedimentation Pollution Control Act of 1973 (SPCA); and
• are subject to the Clean Water Act (i.e., activities that are not excluded under 40 CFR 122.3 and that
meet the definition of a point source under 40 CFR 122.2).
This permit may also be issued to stormwater discharges from like activities deemed by the Division of
Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in process or stormwater
discharges. This permit shall not apply to land -disturbing activities that are covered under the NCG020000
(Mining Activities) permit or the NCG120000 (Landfills) permit.
The General Permit shall become effective on October 1, 2020.
The General Permit shall expire at midnight on May 31, 2025.
Signed this day July 29, 2019.
Brian Wrenn
Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

TABLE OF CONTENTS
PART I NCG01 PERMIT COVERAGE
PART II STORMWATER POLLUTION PREVENTION PLAN
Section A: Required Components of the Erosion and Sedimentation Control Plan
1. Location Information
2. Narrative and Construction Sequence
3. General Site Features ,
4. Site Drainage Features
5. Plans Showing E&SC Measures
6. Calculations
7. Vegetative Stabilization Shown on Plans
8. Documentation
Section B: Design and Construction Standards for Erosion and Sediment Control
Measures
1.
Objective of E&SC Measures
2.
Area to Be Covered by the E&SC Plan
3.
Angle for Graded Slopes
4.
Upslope Areas
5.
Design Standard for E&SC Measures
6.
Calculation Method
7.
Stormwater Outlets
8.
Stormwater Conveyances
9.
Sediment Basin Outlet Structures
9.
Lower Portions of the Site
Section C: Additional Design and Construction Standards in High Quality Water
(HQW) Zones
1. Extent of the HQW Zone
2. Disturbed Area Limits in HQW Zones
3. Additional Sediment Basin Requirements in HQW Zones
4. Open Channels in HQW Zones
Section D: Construction Activity Buffers
1. Buffers in Non -Trout Waters
ff

2. Buffers in Trout Waters
Section E: Ground Stabilization
1. Ground Stabilization Timelines
2. Permanent Ground Stabilization Timeline
Section F: Materials Handling
1.
Polyacrylamides (PAMS) and Flocculants
2.
Equipment Fluids
3.
Waste Materials
4.
Herbicide, Pesticide, and Rodenticides
5.
Concrete Materials
6.
Earthen Material Stock Piles
Section G: Operation and Maintenance
1.
Plan Deviations
2.
Operation and Maintenance
3.
Corrective Actions
4.
Maintenance of Sediment Basins
S.
Bypass of E&SC Measures
6.
Upset of E&SC Measures
7.
Compliance with the Turbidity Standard
PART III SELF -INSPECTION, RECORDKEEPING AND REPORTING
Section A: Self- Inspection
Section B: Recordkeeping
2. E&SC Plan Documentation
3. Additional Documentation to be Kept on Site
4. Documentation to be Kept for Three Years
Section C: Reporting
1. Occurrences that Must be Reported
2. Reporting Timeframes and Other Requirements
PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
iv

1. Continuation of Previously Permitted Projects
2. Projects Submitted Prior to this Permit's Effective Date
3. Duty to Comply
4. Non-Stormwater Discharges
S. Test Procedures
6. Duty to Mitigate
7. Need to Halt or Reduce Not a Defense
8. Civil and Criminal Liability
9. Oil and Hazardous Substance Liability
10. Property Rights
11. Severability
12. Duty to Provide Information
13. Inspection and Entry
14. Penalties for Tampering
15. Penalties for Falsification of Reports
16. Onshore or Offshore Construction
17. Duty to Reapply
18. Planned Changes
19. Anticipated Noncompliance
Section B: Permit Administration
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
S. Impacts or Potential Impacts to Surface Waters or Wetlands
6. Signatory Requirements
7. General Permit Modification, Revocation and Reissuance, or
Termination
8. Certificate of Coverage Actions
9. Annual Administering and Compliance Monitoring Fee Requirements
10. Availability of Reports
11. Omissions
PART V DEFINITIONS
v

PART I - NCG25 PERMIT COVERAGE
This permit applies to all owners or operators of stormwater discharges associated with construction
activities such as clearing, grading, and excavation that meet all of the following criteria:
• result in the disturbance of a land area greater than or equal to one acre, or that are part of a
common plan of development of that size or greater;
• are not subject to the North Carolina Sedimentation Pollution Control Act of 1973 (SPCA); and
• are subject to the Clean Water Act (i.e., activities that are not excluded under 40 CFR 122.3 and
that meet the definition of a point source under 40 CFR 122.2).
This permit may also be issued to stormwater discharges from like activities deemed by the Division of
Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in process or
stormwater discharges. This permit shall not apply to land -disturbing activities that are covered under
the NCG020000 (Mining Activities) permit or the NCG120000 (Landfills) permit.
The SPCA requires that the persons engaged in subject construction activities develop and adhere to an
Erosion and Sedimentation Control (E&SC) Plan. The Sedimentation Control Commission and DEMLR
have created and adopted a North Carolina Erosion and Sediment Control Planning and Design Manual
describing recommended sedimentation control techniques for construction activities.
A person seeking coverage under this permit shall take the following steps in the following order:
1. Develop an E&SC plan that adheres to the SWPPP requirements of this permit, the SPCA and 15A
NCAC 04B .0101-.0132. The North Carolina Erosion and Sediment Control Planning and Design
Manual shall be used as guidance in meeting the applicable requirements.
2. Obtain approval of the E&SC plan by DEMLR.
3. Submit an electronic Notice of Intent (e-NOI) to DEMLR with documentation of the E&SC plan
approval scanned and uploaded. The e-NOI is available at https:lldeg.nc.gov/NCGO1. In
addition, pay the general annual permit fee provided for in § 143-215.3D. DEMLR shall email
the COC within three business days after the submittal of a complete and correct e-NOI and the
receipt of the general permitting fee.
4. Commence the construction activity after submittal of the e-NOI.
S. Abide by the conditions of both the NCG25 permit and the E&SC plan until completion of the
construction activity and establishment of permanent ground stabilization.
6. Contact DEMLR after construction is complete and the site is permanently stabilized, contact the
DEMLR for the final/close out inspection of the E&SC plan.
7. Submit an electronic Notice of Termination (e-NOT) with a scan of the close-out inspection
report uploaded. The e-NOT is available at https:lldeq..nc.gov/NCGO1. DEMLR shall email
confirmation of the close-out of the COC within three business days after the submittal of a
complete and correct e-NOT.
The discharges allowed by this General Permit shall not cause or contribute to violations of North
Carolina Water Quality Standards for surface waters and wetlands (15A NCAC 02B .0200). Discharges
allowed by this permit must meet all applicable water quality certification or permit requirements as
outlined in 15A NCAC 02H .0500 and 02H .1300. This permit does not relieve the permittee from
responsibility for compliance with any other applicable federal, state, or local law, rule, standard,
ordinance, order, judgment, or decree. This General Permit does not cover any other point source
discharge to surface waters of the state, nor does it cover activities or discharges that are covered by an
individual NPDES permit.
Page 6 of 32

Any owner or operator of a subject construction activity not wishing to be covered or limited by this
General Permit may apply for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 02H .0100, stating the reasons supporting the request. Any application for an individual permit
should be made at least 180 days prior to the time the permit is needed unless waived by the Director
(see Part IV Section B of this permit).
Page 7 of 32

The Stormwater Pollution Prevention Plan for this permit shall include the approved Erosion and
Sedimentation Control (E&SC) Plan as well as any requirements in this Part that exceed the approved
E&SC Plan. Items that are required in the SWPPP but are not part of the approved E&SC Plan may
include, at a minimum, Section E, Item (2) [Required Timeframes for Temporary Ground Stabilization],
Section F [Materials Handling]. DEMLR provides two sample plan sheets that permittees may add to
their E&SC Plan set to fulfill Sections E(2) and F of this permit at https://deq.nc.gov/NCG01.
Recommendations for preparing the E&SC plan as well as for designing, constructing, and maintaining
the erosion and sedimentation control practices are contained in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
SECTION A: REQUIRED COMPONENTS OF THE STORMWATER POLLUTION PREVENTION
PLAN
The E&SC Erosion and Sedimentation Control Plan shall include, at a minimum, the following
components and those components shall be in compliance with all conditions of this permit. Hard
and/or digital copies shall be submitted in accordance with the specifications of DEMLR.
1. Location Information
Project location & labeled vicinity map (roads, streets, landmarks)
North arrow and scale
Identification of the River Basin
A copy of site disturbed area located on applicable USGS quadrangle and hardbound copy of the
NRCS Soils maps to scale
Latitude and longitude (in decimal degrees) at the project entrance
2. Narrative and Construction Sequence
Narrative describing the nature & purpose of the construction activity
Construction sequence related to erosion and sediment control (including installation of critical
measures prior to the initiation of the land -disturbing activity & removal of measures after areas
they serve are permanently stabilized). Address all phases of construction and necessary
practices associated with temporary stream bypasses and/or crossings
Estimated start and end dates
3. General Site Features
Property lines
Existing and proposed contours (topographic lines)
Stockpiled topsoil or subsoil locations
Limits of disturbed area (with acreage labeled) within which all construction, material storage,
grading, and related activities occur, including the following items as applicable:
o Access to E&SC measures, lots that will be disturbed, and utilities that may extend offsite.
o Temporary access and haul roads, other than public roads, constructed or used in
connection with the land -disturbing activity
o Borrow and waste areas created by the applicant. If the land -disturbing activity and any
related borrow or waste activity are not conducted by the same person, they shall be
considered separate land -disturbing activities
o Offsite borrow pits if the borrow pit is a construction support activity to the
Page 8 of 32

development
Planned and existing building locations and elevations, if applicable
Planned & existing road locations & elevations, including temporary access roads, ifapplicable
Profiles of streets, utilities, and permanent ditch lines, if applicable
Lot lines and/or building numbers, if applicable
Easements and drainageways, particularly required for offsite affected areas, if applicable
Location and details associated with any onsite stone crushing or other processing of material
excavated, if applicable. A mining permit will be required if the affected area associated with
excavation, processing, stockpiles and transport of such materials comprises one or more acres,
and materials will be leaving the development tract
4. Site Drainage Features
Existing and planned drainage patterns (include off -site areas that drain through project and
address temporary and permanent conveyance of stormwater over graded slopes)
Drainage area map
Surface waters, including the limits of wetlands, streams, lakes and ponds and all required local
or state buffer zones as well as impact maps by the construction activity to these sensitive areas.
Method used to determine acreage of land being disturbed and drainage areas to all proposed
E&SC measures (e.g. delineation map)
Size, pipe material and location of culverts and sewers
Soil information throughout the site and below culvert storm outlets, including soil type and
special characteristics
Name and classification of receiving water course where discharges are to occur
5. Plans Showing E&SC Measures
Legend (provide appropriate symbols for all measures and reference them to the construction
details)
Location of temporary and permanent E&SC measures
Location of permanent stormwater quality and quantity control measures
Construction drawings and details for temporary and permanent measures, including outlet
structures. Show measures to scale on plan and include proposed contours where necessary.
Ensure design storage requirements are maintained through all phases of construction.
Specifications for ground stabilization
Maintenance requirements for measures
Contact person responsible for maintenance, if the permittee wishes to designate one. If not, the
financially responsible organization will be the contact for maintenance.
A note stating that material handling procedures for the items required in Part II, Section F will
be followed.
Standard details for structural BMPs to be installed to manage the anticipated materials listed in
Part II, Section F such as construction debris management, concrete washout, paint washout,
petroleum product storage and pesticide/herbicide handling, along with spill prevention
practices.
6. Calculations
Calculations for peak discharges of runoff from each outlet at pre -development, during
construction and at completion. Provide all supporting data for the computation methods used
(rainfall data for required storm events, time of concentration/storm duration, and runoff
coefficients).
Design calculations for culverts and storm sewers (include headwater, tailwater and outlet
Page 9 of 32

velocities)
Discharge and velocity calculations for open channel and ditch flows (easement & rights -of -way)
Design calculations for cross sections and method of stabilization for existing and planned
channels (include temporary linings). Include appropriate permissible velocity and shear stress.
Design calculations and construction details for energy dissipaters below culvert and storm
sewer outlets (include stone/material specs & apron dimensions). Avoid discharges on fill
slopes.
Design calculations and dimensions for sediment traps and basins
Total and disturbed drainage areas for silt fencing and other sediment controls
7. Vegetative Stabilization Shown on Plans
Area & acreage to be stabilized with vegetation
Method of soil preparation
Seed type & rates (temporary & permanent)
Fertilizer type and rates
Mulch type and rates (include mulch anchoring methods)
8. Documentation
Completed, signed, and notarized Financial Responsibility/Ownership Form
Certificate of assumed name, if the owner is a partnership
Name of Registered Agent (if applicable)
Copy of the most current Deed for the site. Please make sure the deed(s) and ownership
information are consistent between the plan sheets, local records and this form.
Provide latitude & longitude (in decimal degrees) at the project entrance.
Army Corps 404 permit and Water Quality 401 certification, if required for project, or a
complete application if these items are not yet issued.
DWR Buffer Authorization, if required for project
Copies of any recorded easements and/or agreements with adjoining property owners for
landlocked parcels
SECTION B: DESIGN AND CONSTRUCTION STANDARDS FOR EROSION AND
SEDIMENT CONTROL MEASURES
1. Objective of E&SC Measures
E&SC Measures shall be designed and constructed to prevent off -site sedimentation damage.
2. Area to Be Covered by the E&SC Plan
The E&SC plan shall include the limits of disturbed area (with acreage labeled) within which all
construction, material storage, grading, and related activities occur, including the following items as
applicable:
(a) Access to E&SC measures, lots that will be disturbed, and utilities that may extend offsite,
(b) Temporary access and haul roads, other than public roads, constructed or used in connection
with the land -disturbing activity
(c) Borrow and waste areas created by the applicant. If the land -disturbing activity and any related
borrow or waste activity are not conducted by the same person, they shall be considered
separate land -disturbing activities
Page 10 of 32

(d) Offsite borrow pits if the borrow pit is a construction support activity to the development
3. Angle for Graded Slopes
The angle for graded slopes and fills shall be no greater than the angle that can be retained by
vegetative cover or other erosion control devices or structures. (NCGS 113A-57(2))
4. Upslope Area
Runoff originating upslope of the disturbed areas shall be either diverted away from the
construction activity or E&SC measures shall be sized sufficiently to handle the runoff. Any
diversion measures shall be shown on the plans.
S. Design Standard for E&SC Measures
Plans shall include measures necessary to prevent erosion at the limit of disturbance during the 10-
year storm or the 25-year storm in HQW Zones and the Falls Lake Watershed.
6. Calculation Method
Hydrologic calculations for designing E&SC measures shall be in accordance with the procedures in
the United States Department of Agriculture, Natural Resources Conservation Service's "National
Engineering Field Manual Handbook 630" which is herein incorporated by reference including
subsequent amendments and editions, and may be accessed at:
https:://www.nres.us da.gov/wps/portal/nres/detailfull/national/water/manage/hydrology/?cid=s
telprdbl043063 or according to procedures adopted by any other agency of this state or the United
States or any generally recognized organization or association.
7. Stormwater Conveyances
Any increase in stormwater runoff velocity resulting from a land -disturbing activity shall not result
in accelerated erosion of the receiving stormwater conveyance during the 10-year storm or the 25-
year storm in HQW Zones. The following additional requirements apply to Stormwater
conveyances:
(a) The velocity in the receiving stormwater conveyance shall not exceed the maximum permissible
velocity per Table 1 except for sinuous channels. For sinuous channels, multiply allowable
velocity in Table 1 by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, andby
0.8 for highly sinuous channels
Table 1: Maximum Permissible Velocities
Stormwater conveyance in -situ material
Maximum Permissible Velocity
Feet per second
Meters per second
Fine sand (noncolloidal)
2.5
0.8
Sandy loam (noncolloidal)
Silt loam (noncolloidal)
3.0
0.9
Ordinary firm loam
3.5
1.1
Alluvial silts (noncolloidal)
Fine gravel
5.0
1.5
Stiff clay (very colloidal)
Alluvial silts (colloidal)
Graded, silt to cobbles (colloidal)
5.5
1.7
Cobbles and shingles
Coarse gravel (noncolloidal)
6.0
1.8
Shale and hard pans
Page 11 of 32

(b) Conveyances may be stabilized by planting vegetation, enlarging cross sections, and/or
providing erosion -resistant lining. Any erosion -resistant linings shall be shown on the plans.
8. Sediment Basin Outlet Structures
Sediment basins and traps with drainage areas of one acre or greater shall use outlet structures
that withdraw water from the surface.
9. Lower Portions of the Site
Portions of a site that are lower in elevation than adjacent discharge locations and are not
expected to discharge during construction may be exempt from the temporary ground cover
requirements if identified on the approved E&SC plan or added by DEMLR.
SECTION C: ADDITIONAL DESIGN AND CONSTRUCTION STANDARDS IN HIGH
QUALITY WATER (HQW) ZONES
1. Extent of the HQW Zone
HQW Zones are those areas in the 20 Coastal Counties that are within 575 feet of High Quality
Waters and for the remainder of the state, areas that are within one mile of and drain to HQWs.
2. Disturbed Area Limits in HQW Zones
Disturbed areas in HQW zones shall be limited at any time to a maximum total area within the
boundaries of the tract of 20 acres. Only the portion of the construction activity within a HQW zone
shall be subject to the 20-acre limit. Larger disturbed areas may be allowed with the written
approval of the Director upon providing adequate engineering justification with a specific
construction sequence that addresses phasing, limited exposure, weekly submitted self -inspection
reports and/or more conservative design than the 25-year storm. The Director may also include
other conditions as necessary based on specific site conditions.
3. Additional Sediment Basin Requirements in HQW Zones
Sediment basins that discharge to HQW Zones shall be designed and constructed to meet the
following criteria unless the permittee demonstrates to DEMLR that meeting each of the basin
design conditions below would result in design or operational hardships. Alternative control
measures, such as quicker application of ground cover or use of sediment flocculants, shall be
allowed as a substitute on a case -by -case basis if it can be shown that use of the alternate practices is
expected to result in an equal or better sediment discharge reduction from the site.
(a) Use a surface withdrawal mechanism except when the basin drainage area is less than 1.0 acre.
(b) Have a minimum of 1800 cubic feet per of storage area per acre of disturbed area.
(c) Have a minimum surface area of 325 square feet per cfs for the peak flow from the 25-year
storm.
(d) Have a minimum dewatering time of 48 hours.
(e) Incorporate three baffles unless the basin is less than 20 feet in length, in which case two baffles
are sufficient.
4. Open Channels in HQW Zones
Newly constructed open channels in HQW zones shall be designed and constructed with side slopes
no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil
conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices,
structural devices or other acceptable ditch liners. The angle for side slopes shall be sufficient to
restrain accelerated erosion.
Page 12 of 32

SECTION D: CONSTRUCTION ACTIVITY BUFFERS
The requirements in Section D below shall not apply to a land -disturbing activity in connection with the
construction of facilities to be located on, over, or under a lake or natural watercourse (NCGS 113A-57).
1. Buffers in Non -Trout Waters
Unless wider buffers are required per NC rules or statutes, the width of the buffer shall be sufficient
to confine visible sedimentation to the 25 percent of the strip closest to the land -disturbing activity.
The width of a buffer adjacent to a non -trout water shall be measured from the edge of the water to
the nearest edge of the disturbed area.
Recommended buffer widths to achieve this standard are shown in Table 2 below.
Table 2: Recommended Buffer Widths
Slope of Buffer (%)
Recommended Width of Undisturbed Vegetation
Adjacent to Non -Trout Waters
0-1
15 feet
1-3
20 feet
3-5
25 feet
>5
25 feet + (% of slope - 5)
2. Buffers in Trout Waters
Unless wider buffers are required per NC rules or statutes, the minimum width for an undisturbed
buffer adjacent to trout waters shall be 25 feet. The width of a buffer adjacent to a trout water shall
be measured horizontally from the top of bank to the nearest edge of the land -disturbing activity.
However, the Sedimentation Control Commission may approve plans that include land -disturbing
activity along trout waters when the duration of said disturbance would be temporary and the
extent of said disturbance would be minimal. (NCGS 113A-57(1)).
SECTION E: GROUND STABILIZATION
1. Ground Stabilization Timelines
Ground stabilization shall be achieved on any area of a site where land disturbing activities have
ceased within the timeframes listed in Table 3 below. It is recommended to stabilize the ground
more quickly if practicable. Extensions of time may be approved by DEMLR based on weather or
other site -specific conditions that make compliance impracticable. Portions of a site that are lower
in elevation and not expected to discharge during construction may be exempt from the temporary
ground cover requirements if identified on the E&SC plan and approved by DEMLR.
Page 13 of 32

Table 3: Required Ground Stabilization Timeframes
Stabilize within
Site Area
this many calendar
Timeframe Variations
Description
days after ceasing
land disturbance
(a) Perimeter dikes,
7
None
swales, ditches,
and perimeter
slopes
7
None
(b) High Quality Water
H Zones
hL7
• If slopes are 10' or less in length and are
(c) Slopes steeper than
not steeper than 2:1, 14 days are allowed
3:1
• 7 days for slopes greater than 50' in length
and with slopes steeper than 4:1
14
• 7 days for perimeter dikes, swales, ditches,
(d) Slopes 3:1 to 4:1
perimeter slopes, and HQW Zones
• 10 days for the Falls Lake Watershed
• 7 days for perimeter dikes, swales, ditches,
perimeter slopes, and HQW Zones
(e) Areas with slopes
tl
• 10 days for the Falls Lake Watershed
flatter than 4:1
unless there is zero slope.
2. Permanent Ground Stabilization Timeline
After the permanent cessation of construction activities, any areas with temporary ground
stabilization shall be converted to permanent ground stabilization as soon as practicable but in no
case longer than 90 calendar days after the last land disturbing activity. Temporary ground
stabilization shall be maintained in a manner to render the surface stable against accelerated
erosion until permanent ground stabilization is achieved.
SECTION F: MATERIALS HANDLING
Any structural controls installed to manage construction materials stored or used on site shall be
included in the field copy of the E&SC plan. Requirements for handling materials on construction sites
shall be as follows:
1. Polyacrylamides (PAMS) and Flocculants
Polyacrylamides (PAMS) and flocculants shall be:
(a) stored in leak -proof containers that are kept under storm -resistant cover or surrounded by
secondary containment structures designed to protect adjacent surface waters,
(b) selected from the NC DWR List of Approved PAMS/Flocculants list, available at:_
Page 14 of 32

https:1/files.nc.gov/ncdeq/Water%20Quality/Environmental%20Sciences/ATU/Al2provedPAM
S4 1 2017.12df. and
(c) used at the concentrations specified in the NC DWR List of Approved PAMS/Flocculants and in
accordance with the manufacturer's instructions.
2. Equipment Fluids
(a) Fuels, lubricants, coolants, and hydraulic fluids, and other petroleum products shall be
handled and disposed of in a manner so as not to enter surface or ground waters and in
accordance with applicable state and federal regulations. Equipment used on the site must be
operated and maintained properly to prevent discharge of fluids.
(b) Equipment, vehicle, and other wash waters shall not be treated in a sediment basin or
sediment trap. Alternative controls should be provided such that there is no discharge of soaps,
solvents, or detergents.
3. Waste Materials
(a) Building material and land clearing waste shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (15A NCAC 1313). Areas dedicated for managing building
material and land clearing waste shall be at least 50 feet away from storm drain inlets and
surface waters unless it can be shown that no other alternatives are reasonably available.
(b) Paint and other liquid building material waste shall not be dumped into storm drains. It is
recommended to locate paint washouts at least 50 away from storm drain inlets unless there is
no alternative. Other options are to install lined washouts to use portable, removable bags or
bins.
(c) Hazardous or toxic waste shall be managed in accordance with the federal Resource
Conservation and Recovery Act (RCRA) and NC Hazardous Waste Rules at 15A NCAC,
Subchapter 13A.
(d) Litter and sanitary waste shall be managed in a manner to prevent it from entering waters and
shall be disposed of offsite.
4. Herbicide, Pesticide, and Rodenticides
Herbicide, pesticide, and rodenticides shall be stored and applied in accordance with the Federal
Insecticide, Fungicide, and Rodenticide Act and label restrictions.
5. Concrete Materials
Concrete materials onsite, including excess concrete, shall be controlled and managed to avoid
contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be discharged
from the site. (Note that discharges from onsite concrete plants require coverage under a separate
NPDES permit - NCG140000.) Any hardened concrete residue will be disposed of, or recycled on
site, in accordance with local and state solid waste regulations.
6. Earthen Material Stock Piles
Earthen material stock piles shall be located at least 50 feet away from storm drain inlets and
surface waters unless no other alternatives are reasonably available.
Page 15 of 32

SECTION G: OPERATION AND MAINTENANCE
1. Modifications to the E&SC Plan
Modifications to the approved E&SC plan that require changes to the E&SC measure designs, the
drainage areas, or the disturbed areas draining to E&SC measures shall be approved by DEMLR.
Deviations from the approved E&SC plan, or approved revised E&SC plan, shall constitute a
violation of this permit unless the deviation is to correct an emergency situation where
sediment is being discharged off the site. DEMLR may allow deviations from the E&SC plan on a
case -by -case basis if the deviations are minor adjustments to address minor deficiencies. A
minor adjustment shall be the addition of E&SC measures (e.g., silt fence, inlet protection, check
dams, rolled erosion control practices, etc.), or the relocation of E&SC measures that would
improve the overall stormwater management and sediment control onsite. Minor adjustments
shall be noted on the approved E&SC plan and maintained at the job site.
2. Operation and Maintenance
The permittee shall install and maintain all temporary and permanent E&SC measures as required
by this permit and the approved E&SC plan.
3. Corrective Actions
If self -inspections required by this permit identify a need for maintenance of control measures,
modifications or additions to control measures, or corrective actions to control sediment or other
pollutants, these actions shall be performed as soon as possible considering adverse weather and
site conditions.
4. Draw Down of Sediment Basins for Maintenance or Close Out
(a) Sediment basins and traps that receive runoff from drainage areas of one acre or more shall use outlet
structures that withdraw water from the surface when these devices need to be drawn down for
maintenance or close out unless this is infeasible. The circumstances in which it is not feasible to
withdraw water from the surface shall be rare (for example, times with extended cold weather). Non -
surface withdrawals from sediment basins shall be allowed only when all of the following criteria have
been met:
(b) The E&SC Plan authority has been provided with documentation of the non -surface withdrawal and
the specific time periods or conditions in which it will occur. The non -surface withdrawal shall not
commence until the E&SC plan authority has approved these items,
(c) The non -surface withdrawal has been reported as an anticipated bypass in accordance with Part III,
Section C, Item (2)(c) and (d) of this permit,
(d) Dewatering discharges are treated with controls to minimize discharges of pollutants from stormwater
that is removed from the sediment basin. Examples of appropriate controls include properly sited,
designed and maintained dewatering tanks, weir tanks, and filtration systems,
(e) Vegetated, upland areas of the sites or a properly designed stone pad is used to the extent feasible at
the outlet of the dewatering treatment devices described in Item(c) above,
(f) Velocity dissipation devices such as check dams, sediment traps, and riprap are provided at the
discharge points of all dewatering devices, and
(g) Sediment removed from dewatering treatment devices described in Item(c) above is disposed of in a
manner that does not cause deposition of sediment into waters of the United States.
S. Bypass of E&SC Measures
Diversions of stormwater from E&SC measures when the design storm has not been exceeded are
not allowed. Bypasses of E&SC measures shall be reported in accordance with Part III, Section C,
Page 16 of 32

Item (2)(c) and (d) of this permit.
6. Unavoidable Bypass for Public Safety
A bypass may be allowed by the Director if the Director determines that all of the following
conditions were met:
(a) The bypass is 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 judgement to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance, and
(c) the permittee submitted a notice of the bypass per the record -keeping requirements in Part
III, Section C, Item (2)(c) and (d) of this permit.
7. Upset of E&SC Measures
Diversions of stormwater from E&SC measures may be considered as an upset if the permittee
can demonstrate 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 submitted notice of the upset as required in this general permit and identifies
the cause(s) of the upset.
(b) 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.
(c) The permittee agrees to take remedial measures if necessary.
Page 17 of 32

PART III
SELF -INSPECTION, RECORDKEEPING AND REPORTING
SECTION A: SELF -INSPECTIONS
Self -inspections are required during normal business hours in accordance with the table below. When
adverse weather or site conditions would cause the safety of the inspection personnel to be in jeopardy,
the inspection may be delayed until the next business day on which it is safe to perform the inspection.
In addition, when a storm event of equal to or greater than 1.0 inch occurs outside of normal business
hours, the self -inspection shall be performed upon the commencement of the next business day. Any
time when inspections were delayed shall be noted in the Inspection Record.
Table 4: Self -Inspection Requirements
Frequency
Inspect
(during normal
Inspection records must include:
business hours)
(1) Rain gauge
Daily
Daily rainfall amounts.
maintained in
If no daily rain gauge observations are made during weekend or
good working
holiday periods, and no individual -day rainfall information is
order
available, record the cumulative rain measurement for those un-
attended days (and this will determine if a site inspection is
needed). Days on which no rainfall occurred shall be recorded as
"zero." The permittee may use another rain -monitoring device
approved by the Division.
(2) E&SC
At least once per
1. Identification of the measures inspected,
Measures
7 calendar days
2. Date and time of the inspection,
and within 24
3. Name of the person performing the inspection,
hours of a rain
4. Indication of whether the measures were operating
event > 1.0 inch
properly,
in 24 hours
S. Description of maintenance needs for the measure,
6. Description, evidence, and date of corrective actions taken.
(3) Stormwater
At least once per
1. Identification of the discharge outfalls inspected,
discharge
7 calendar days
2. Date and time of the inspection,
outfalls (SDOs)
and within 24
3. Name of the person performing the inspection,
hours of a rain
4. Evidence of indicators of stormwater pollution such as oil
event > 1.0 inch
sheen, floating or suspended solids or discoloration,
in 24 hours
5. Indication of visible sediment leaving the site,
6. Description, evidence, and date of corrective actions taken.
(4) Perimeter
At least once per
If visible sedimentation is found outside site limits, then a record
of site
7 calendar days
of the following shall be made:
and within 24
1. Actions taken to cleanup or stabilize the sediment that has left
hours of a rain
the site limits,
event > 1.0 inch
2. Description, evidence, and date of corrective actions taken, and
in 24 hours
3. An explanation as to the actions taken to control future
releases.
(5) Streams or
At least once per
If the stream or wetland has increased visible sedimentation or a
wetlands onsite
7 calendar days
stream has visible increased turbidity from the construction
or offsite
and within 24
activity, then a record of the following shall be made:
(where
hours of a rain
1. Description, evidence and date of corrective actions taken, and
accessible)
event > 1.0 inch
2. Records of the required reports to the appropriate Division
in 24 hours
Regional Office per Part III, Section C, Item (2) (a) of this permit
of this permit.
Page 18 of 32

(6) Ground
After each phase
1. The phase of grading (installation of perimeter E&SC
stabilization
of grading
measures, clearing and grubbing, installation of storm
measures
drainage facilities, completion of all land -disturbing
activity, construction or redevelopment, permanent
ground cover).
2. Documentation that the required ground stabilization
measures have been provided within the required
timeframe or an assurance that they will be provided as
soon as possible.
NOTE: The rain inspection resets the required 7 calendar day inspection requirement.
SECTION B: RECORDKEEPING
1. E&SC Plan Documentation
The approved E&SC plan as well as any approved deviation shall be kept on the site. The
approved E&SC plan must be kept up-to-date throughout the coverage under this permit. The
items listed in Table 5 pertaining to the E&SC plan shall be kept on site and available for
inspection at all times during normal business hours.
Table 5: Recordkeeping Requirements
Item to Document
Documentation Requirements
(a) Each E&SC measure has been installed and
Initial and date each E&SC measure on a copy of the
does not significantly deviate from the
approved E&SC plan or complete, date and sign an
locations, dimensions and relative elevations
inspection report that lists each E&SC measure
shown on the approved E&SC plan.
shown on the approved E&SC plan. This
documentation is required upon the initial
installation of the E&SC measures or if the E&SC
measures are modified after initial installation.
(b) A phase of grading has been completed.
Initial and date a copy of the approved E&SC plan or
complete, date and sign an inspection report to
indicate completion of the construction phase.
(c) Ground cover is located and installed
Initial and date a copy of the approved E&SC plan or
in accordance with the approved E&SC
complete, date and sign an inspection report to
Plan.
indicate compliance with approved ground cover
specifications.
(d) The maintenance and repair
Complete, date and sign an inspection report.
requirements for all E&SC measures have
been performed.
(e) Corrective actions have been taken to
Initial and date a copy of the approved E&SC plan or
E&SC measures.
complete, date and sign an inspection report to
indicate the completion of the corrective action.
2. Additional Documentation to be Kept on Site
In addition to the E&SC plan documents above, the following items shall be kept on the site and
available for inspections at all times during normal business hours, unless the Division provides a
site -specific exemption based on unique site conditions that make this requirement not practical:
(a) This General Permit as well as the Certificate of Coverage, after it is received.
(b) Records of inspections made during the previous twelve months. The permittee shall record
Page 19 of 32

the required observations on the Inspection Record Form provided by the Division or a similar
inspection form that includes all the required elements. Use of electronically -available records
in lieu of the required paper copies will be allowed if shown to provide equal access and utility
as the hard -copy records
3. Documentation to be Retained for Three Years
All data used to complete the e-NOI and all inspection records shall be maintained for a period of
three years after project completion and made available upon request. [40 CFR 122.41]
SECTION C: REPORTING
1. Occurrences that Must be Reported
Permittees shall report the following occurrences:
(a) Visible sediment deposition in a stream or wetland.
(b) Oil spills if:
• They are 25 gallons or more,
• They are less than 25 gallons but cannot be cleaned up within 24 hours,
• They cause sheen on surface waters (regardless of volume), or
• They are within 100 feet of surface waters (regardless of volume).
(c) Releases of 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) or G.S. 143-215.85..
(d) Anticipated bypasses and unanticipated bypasses.
(e) Noncompliance with the conditions of this permit that may endanger health or the
environment.
2. Reporting Timeframes and Other Requirements
After a permittee becomes aware of an occurrence that must be reported, he shall contact the
appropriate Division regional office within the timeframes and in accordance with the other
requirements listed in Table 6 below. Occurrences outside normal business hours may also be
reported to the Department's Environmental Emergency Center personnel at [phone].
Table 6: Reporting Requirements
Occurrence
Reporting Timeframes (After Discovery) and Other Requirements
(a) Visible sediment
0 Within 24 hours, an oral or electronic notification.
deposition in a
0 Within 7 calendar days, a report that contains a description of the
stream or wetland
sediment and actions taken to address the cause of the deposition.
Division staff may waive the requirement for a written report on a case -
by -case basis.
0 If the stream is named on the NC 303(dd) list as impaired for sediment -related
causes, the permittee may be required to perform additional monitoring,
inspections or apply more stringent practices if staff determine that additional
requirements are needed to assure compliance with the federal or state
impaired -waters conditions.
(b) Oil spills and
• Within 24 hours, an oral or electronic notification. The notification shall
release of hazardous
include information about the date, time, nature, volume and location of
substances per Item
the spill or release.
1 b - c above
Page 20 of 32

(c) Anticipated
bypasses [40 CFR
122.41(m)(3)]
• A report at least ten days before the date of the bypass, if possible. The
report shall include an evaluation of the anticipated quality and effect of
the bypass.
(d) Unanticipated
• Within 24 hours, an oral or electronic notification.
bypasses [40 CFR
• Within 7 calendar days, a report that includes an evaluation of the
122.41(m)(3)]
quality and effect of the bypass.
(e) Noncompliance
• Within 24 hours, an oral or electronic notification.
with the conditions
Within 7 calendar days, a report that contains a description of the
of this permit that
noncompliance, and its causes; the period of noncompliance, including
may endanger
exact dates and times, and if the noncompliance has not been corrected,
health or the
the anticipated time noncompliance is expected to continue; and steps
environment[40
taken or planned to reduce, eliminate, and prevent reoccurrence of the
CFR 122.41(1)(7)]
noncompliance. [40 CFR 122.41(1)(6).
• Division staff may waive the requirement for a written report on a
case- by -case basis.
Page 21 of 32

PART IV STANDARD CONDITIONS FOR NPDES STORMWATER
GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Continuation of Previously Permitted Projects
Projects and their corresponding activities permitted under the previous version of the NC
general permit for construction activities will automatically be considered covered under this
general permit without the submittal of a Notice of Intent form. In addition, an annual general
permit fee shall not be required for projects covered under the previous version of the NC
general permit for construction activities.
2. Projects Submitted Prior to this Permit's Effective Date
Complete project applications that were received prior to the effective date of this permit, but
not approved by DEMLR until after approval of this NPDES permit, can rely on design and
management practices effective at the time of application submittal.
3. 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 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 CFR122.41(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 CFR
122.41(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
Page 22 of 32

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, aperson
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 $20,628 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II
violations are not to exceed $20,628 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $257,848. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
4. Non-Stormwater Discharges
If a storm event monitored in accordance with this general permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under all other
applicable discharge permits and provide this information with the stormwater discharge
monitoring report.
S. 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 levels below general permit
discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level) approved method must be used.
6. 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)]
7. 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)]
Page 23 of 32

8. Civil and Criminal Liability
Except as provided in Part Il, Section B 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 143-215.3,143-215.6A,
143-215.613,143-215.6C, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
9. 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.
10. 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)].
11. 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 150B-23].
12. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any information which the
Division 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 Division upon request, copies of
records required to be kept by this general permit [40 CFR 122.41(h)].
13. Inspection and Entry
The permittee shall allow the Director, an authorized representative (including an authorized
contractor acting as a representative of the Director), or an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge (if applicable), 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)]
14. 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
Page 24 of 32

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].
15. 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].
16. 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.
17. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent (NCI) 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)]
18. 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).
19. Anticipated Noncompliance
The permittee shall give advanced notice to the Director of any planned changes at the permitted
facility which may result in noncompliance with the general permit. [40 CFR 122.41(1) (2)]
SECTION B: PERMIT ADMINISTRATION
1. 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 to be covered and obtain a Certificate of Coverage under the renewed
general permit. [15A NCAC 02H .0127(e)]
2. 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.
Page 25 of 32

3. 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. [15A NCAC 02H .0127(i)-(j)] Cases where an individual permit maybe required
include, but are not limited to, the following:
(a) The discharger is a significant contributor of pollutants;
(b) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection;
(c) Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a general permit;
(d) The discharge violates the terms or conditions of this general permit;
(e) A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
(f) Effluent limitations are promulgated for the point sources covered by this general permit;
(g) A water quality management plan containing requirements applicable to such point sources is
approved after the issuance of this general permit;
(h) The Director determines at his or her own discretion that an individual permit is required.
4. 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. [15A NCAC 02H .0127(h)]
Impacts or Potential Impacts to Surface Waters or Wetlands
If evidence indicates that the stormwater discharges from the site are impacting or have the
potential to impact surface waters or wetlands, then the Division may take appropriate actions
including any or all of the following:
a) take compliance and enforcement action;
b) require the permittee to include and implement appropriate control and restoration
measures;
c) require the permittee to develop and implement additional site -specific stormwater
pollution prevention measures;
d) require the permittee to obtain an individual permit.
6. 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
Page 26 of 32

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 Director
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 Director. [40 CFR 122.22]
(c) 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 authorized representative. [40 CFR 122.221
(d) Any person signing a document under paragraphs a. or b. of this section 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 properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing
violations. "
7. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Division 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.
Page 27 of 32

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.
8. Certificate of Coverage Actions
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)].
9. 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 21-1.0105(b)(2) may cause this Division to initiate action to revoke coverage under the general
permit.
10. 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
Act.
11. Omissions
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)]
Page 28 of 32

PART V DEFINITIONS
1. Act
See Clean Water Act.
2. Adverse Weather
Climate conditions that are dangerous or create inaccessibility for personnel, such as local flooding,
high winds, electrical storms, winter weather conditions, or situations that otherwise make
inspections impractical. When adverse weather or site conditions prevent or restrict access to
complete a regular or rain event inspection, this should be clearly documented on the next issued
report. Documentation should include the inspector's name, the date and time, and a written
narrative of the adverse weather or site condition. Adverse weather or site conditions do not
exempt the permittee from having to file an inspection report in accordance with Section II. B of this
permit.
3. Allowable Non-Stormwater Discharges
This general permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(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, and irrigation waters, flows that do not result in a water
quality standards violation.
(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.
4. 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
S. Bypass
The known diversion of stormwater from any portion of a stormwater control facility including the
collection system, which is not a designed or established operating mode for the facility.
6. Certificate of Coverage
The cover sheet that 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.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Common Plan of Development
A contiguous area where multiple separate and distinct land disturbing activities may be taking
place at different times and on different schedules under one common plan. The "common plan" of
development or sale is broadly defined as any announcement or piece of documentation (including a
sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning
request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes,
Page 29 of 32

surveyor markings, etc.) indicating construction activities are planned to occur on a specific plot
regardless of ownership of the parcels.
9. Concrete Washout
Wastewater resulting from the washing of equipment such as trucks, chutes, hoses, mixers, hoppers,
wheelbarrows, and tools that are used to produce, handle, or store concrete and other cementitious
materials such as mortar, plaster, stucco, or grout.
10. Control Measure
Any BMP or other structural or non-structural practice or procedure used to prevent or reduce
the discharge of pollutants including practices to control erosion and sedimentation.
11. Division or DEMLR
The Division of Energy, Mineral, and Land Resources of the NC Department of Environmental
Quality (DEQ).
12. Director
The Director of the Division of Energy, Mineral, and Land Resources of the NC Department of
Environmental Quality (DEQ).
13. EMC
The North Carolina Environmental Management Commission.
14. Erosion and Sedimentation Control (E&SC) Plan
A plan developed in compliance with the North Carolina Sedimentation Pollution Control Act of
1973 in G.S.113A-50 et seq. to prevent sediment resulting from accelerated erosion from being
transported off the site of the land -disturbing activity or in waters.
15. Erosion and Sedimentation Control (E&SC) Plan Authority
The entity responsible for reviewing and approving the Erosion and Sediment Control Plan.
Within some local governments' jurisdictions, this will be a delegated program. Elsewhere, it
will be the Division.
16. Erosion and Sediment Control (E&SC) Measure
Temporary and permanent practices and devices to prevent sediment resulting from accelerated
erosion from being transported off the site of the land -disturbing activity or in waters of the State
of North Carolina. E&SC measures, include, but are not limited to, sedimentation traps,
sedimentation ponds, rock dams, temporary diversions, temporary slope drains, rock check dams,
sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy
dissipaters and stabilization methods of open channels.
17. Ground Cover
Any vegetative growth or other material which, when applied to the soil surface, renders the soil
surface stable against accelerated erosion.
18. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
19. 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.
Page 30 of 32

20. Normal Business Hours
These are generally considered to be between the hours of 6 a.m. and 6 p.m., or when workers are
normally present on the construction site. Weekends, state and federal holidays are not considered
normal business hours unless construction activities are taking place on the site during those times.
21. Notice of Intent
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.
22. Permanent Stabilization
When all soil disturbing activity is completed and exposed soils have been stabilized with a
vegetative cover with a density of at least 80% or covered with a structural stabilization method.
Permanent perennial vegetation may include the use of sod, shrubs and ground cover plants mixed
with mulching, aggregate or other landscaping techniques. Structural methods include concrete,
asphalt, retaining wall or other stabilization techniques.
23. Permittee
The person, firm or organizational entity that signed as the financially responsible party on the
Erosion and Sedimentation Control Plan.
24. 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 associated with
industrial activity is or may be discharged to waters of the state.
25. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
26. 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.
27. Soil Stabilization
The use of vegetative, physical or chemical coverage techniques that will restrain accelerated
erosion on disturbed soils for temporary or permanent control needs.
Page 31 of 32

28. 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.
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
30. Stormwater 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.
31. Stormwater Pollution Prevention Plan (SWPPP)
The elements of the State's stormwater pollution prevention program that provide the technology -
based requirements designed to protect the state's waters from the adverse impacts of sediments.
In North Carolina, the SWPPP for construction activities includes the Erosion and Sedimentation
Control Plan, Ground Stabilization, Materials Handling, and Disturbed Area Limit for Special and
Threatened Waters.
32. Temporary Stabilization
When the establishment of ground cover over all disturbed areas (such as mulching, rolled erosion
control products, vegetation, or other material) renders the surface stable against accelerated
erosion. Stabilization shall be achieved with the establishment of a uniform and evenly -distributed
(i.e., without large bare areas) ground cover with a cover density of at least 80%.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. 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.
35. 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 that can be seen with the unaided eye.
36. 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.
Page 32 of 32