NCC210193_ESC Approval Submitted_20210114

Iredell County Planning & Development
Erosion Control Section
349 North Center Street
P.O. Box 788
Statesville, NC 28687
Date: October 31, 2018
LETTER OF APPROVAL WITH MODIFICATIONS
Robert Bowman
Bowman Development Group
13815 Cinnabar Place
Huntersville, NC 28078
RE: Project Name: Howard Property
Acres Approved with Modifications: 64
Project ID: TRTNIN-2019-027
Project Location: PIN 4750132304.000
Submitted By: McAdams
Date Received: October 10, 2018
Plan Type: New
Dear Mr. Bowman:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable with modifications and herby issue this Letter of Approval with Modifications.
Modifications must be received in this office no later than two weeks prior to the project start
date. Failure to submit modified plans can result in a violation and fine under the Iredell County
Land Development Code. The Modifications required for Approval are listed on the attached
page. The Certificate of Approval issued by Iredell County must be posted at the job site. This
plan approval shall expire three (3) years following the date of this approval as is required by
Title 15A NCAC 413.0129 and Section 9.6.6 of the Iredell County Land Development Code.
Title 15A NCAC 413 0118(a) and Section 9.6.9 of the Iredell County Land Development Code
requires that a copy of the approved erosion control plan be on file at the job site. Any
amendments and/or revisions to the approved plan must be reviewed and approved prior to
implementation in order for the site to remain in compliance. Failure to submit plans for approval
may result in administrative actions and/or penalties as indicated in the Iredell County Land
Development Code. Also, this letter gives notice as required by G.S. 113A-61.1(a) and Section
14.2.2 of the Iredell County Land Development Code, of our right of periodic inspection to
insure compliance with the approved plan.
Iredell County's Sedimentation Pollution Control Program is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is

Letter of Approval with Modifications
Howard Property
October 31, 2018
Page 3 of 4
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Howard Property
Project ID: TRTMN-2019-027
County: Iredell
Reviewed by: Randall Moore
Required changes are designated as "RC" under legal authority from NC
General Statutes Chapter 113A Article 4 and the Iredell County Land
Development Code.
Suggested changes are designated as "SC" for improvement of the plan.
1. Provide a copy of the Floodplain Development Permit from the Town of Troutman. —RC
2. Provide a copy of the 401 and 404 permits required for project. —RC
3. Provide statements from all property owners for all work occurring offsite on adjacent
properties. —RC
4. Construction Sequence for project should be designed for a maximum of 20-25 acres of
land disturbing activity at one time. Stabilize areas as brought to grade in order to open
new areas for land disturbing activity. -RC
5. Turn silt fence up at all basin outlets. —RC
6. Additional slope drains needed for diversions entering basins in order to direct runoff into
basins as far from the skimmer as possible so basins may work as designed. —RC
7. On sheet EC-2, extend sf upslope to property line on northeast side and carry all runoff
from diversion to basin, no rock outlet needed in this location. —RC
8. Provide inlet protection for all slope drains. Provide detail. —RC
9. Temporary crossing for creek will need a no -rise study performed for Floodplain
Development Permit. Recommend installing permanent structure per 401/404 and
Floodplain Development Permit from town of Troutman. Construction Sequence will
need to be amended to account for this change in the development process. —RC
10. Inlet and outlet protection needed for pipe in diversion near entrance on Sheet EC-5. —RC
11. On sheet EC-6, extend silt fence from south side of basin along property line to tie in
with silt fence at road connection. —RC
12. On Sheet EC-6, may need silt fence along LOD north of road connection. —SC
13. On Sheet EC-6, may need a diversion along top of SB-B to direct runoff to slope drains
into basin. —SC
14. In Stage II, slopes greater than 10 feet in height need more protection than silt fence.
Look at benching the slopes per the NC Sediment and Erosion Control Design manual.
Also, use matting on these slopes. —RC
15. In Stage II, would like to see diversions at base of slopes conveying runoff to basins. —SC
16. In Stage II, lots should be graded to drain to the road, not over the rear slopes. —SC
17. Prefer straw wattles for check dams, provide detail. —SC
18. Provide rip rap outlet detail. —RC
19. Provide silt sack detail. —RC

Letter of Approval with Modifications
Howard Property
October 31, 2018
Page 4 of 4
20. Provide hardware cloth and gravel inlet protection detail. —RC
21. Reduce the skimmer orifices for basins SB-A, SB-B, SB-D, and SB-E by 0.25 inches to
dewater the required volume of the basins in as close to 3 days' time as possible. —RC

Letter of Approval with Modifications
Howard Property
October 31, 2018
Page 4 of 4
20. Provide hardware cloth and gravel inlet protection detail. —RC
21. Reduce the skimmer orifices for basins SB-A, SB-B, SB-D, and SB-E by 0.25 inches to
dewater the required volume of the basins in as close to 3 days' time as possible. —RC

PERMITS/INSP PAYMENT
COUNTY OF IREDELL
PO BOX 788
200 SOUTH CENTER STREET
STATESVILLE NC 28687
DATE: 10/11/18 TIME: 15:28
CLERK: dwilliams
PAID BY: BOWMAN DEVELOPMENT GROUP
APPLICATION #: 239484
RECEIPT# 471998
Central Permitting Center
2019
--------------------------------------------------------------------------------
PERMIT ALLOCATION:
1 104563 460003 11200.00 Erosion Control Permit/Fees
PEC
TOTAL RECEIPT AMOUNT: 11200.00
AMOUNT PAID: 11200.00
PAID BY: BOWMAN DEVELOPMENT GROUP
PAYMENT METHOD: CHECK 1004
APPLICATION #: 239484
AMT TENDERED: 11200.00
AMT APPLIED: 11200.00
CHANGE: .00

IREDELL COUNTY
PO Box 788
349 North Center St.
Statesville, NC 28677
Permit Type: EROSION CONTROL
APPLICATION NUMBER
239484
Issue Date: 10/11/2018
Parcel Number
Street Address .
Jurisdiction
4750220353.000
239484 HOME IMPROVEMENT STREET
Owner Information
Applicant Information .:
Contractor Information
Owner: HOWARD JEROME
Applicant: BOWMAN DEVELOPMENT GRO
Contractor: BOWMAN DEVELOPMENT GR
Address: 13815 CINNABAR PLACE
Address: 0
Address: 13815 CINNABAR PLACE
HUNTERSVILLE, NC 28078
IREDELL CO, NC 28625
HUNTERSVILLE, NC 28078
Phone:
License Type License Number
Phone:
Phone: [phone]
Project Description
EROSION CONTROL ONLY
Scope of Work
HOWARD PROPERTY
EC PLAN
Permit Details:
EROSION CONTROL PLAN REVIEW Amount: 11,200.00
Amount:
Amount:
Amount:
Amount:
Amount:
Amount:
I hereby certify that all information in this application is correct and all work will comply with the state code and all other applicable state and
local laws, ordinances and regulations. The respective department will be notified of any changes in the approved plans, a change of
contractor, and/or specifications for the project permitted herein. This application becomes a permit only when validated and approved.
Date: 10/11 /2018
Signature of owner/Contractor
ANY PERMIT ISSUED EXPIRES SIX (6) MONTHS AFTER ISSUANCE IF NO INSPECTIONS HAVE BEEN MADE.
ANY PERMIT ISSUED SHALL EXPIRE TWELVE (12) MONTHS AFTER LAST INSPECTION IF THE WORK /S
DISCONTINUED.
Permit[ 155396 TOTAL FEES; $ 11,200.00

e) Inspections are only required to be made during normal business hours. When adverse
weather conditions would cause the safety of the inspection personnel to be in jeopardy,
the inspection can be delayed until it is deemed safe to perform these duties. (Times when
inspections were delayed because of safety issues should be noted in the Inspection
Record.) If the inspection cannot be done on that day, it must be completed on the
following business day.
f) Twenty-four Hour Reporting for visible sediment deposition
i) The pennittee shall report to the Division of Water Quality central office or the
appropriate regional office any visible sediment being deposited in any stream or
wetland or any noncompliance which may endanger health or the environment. (See
Section VIII of this pen -nit for contact information.) Any information shall be provided
orally or electronically within 24 hours from the time the permittee became aware of the
circumstances.
ii) A written submission shall be provided to the appropriate regional office of the Division
of Water Quality within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the sediment
deposition and actions taken to address the cause of the deposition. The Division of
Water Quality staff may waive the requirement for a «litten report on a case -by -case
basis.
g) Records of inspections made during the previous 30 days shall remain on the site and available
for agency inspectors at all times during normal working hours, unless the Division of Water
Quality provides a site -specific exemption based on unique site conditions that make this
requirement not practical. Older records must be maintained for a period of three years after
project completion and made available upon request. The records must provide the details of
each inspection including observations, and actions taken in accordance with this permit. The
permittee shall record the required rainfall and monitoring observations on the Inspection Record
form provided by the Division or a similar inspection form that is inclusive of all of the elements
contained in the Division's form. Use of electronically -available records, in lieu' of the required
paper copies for inspection will be allowed if shown to provide equal access and utility as the
hard -copy records.
h) Inspection records must include, at a minimum, the following:
i) Control Measure Inspections: Inspection records must include at a minimum: 1)
identification of the measures inspected, 2) date and time of the inspection, 3) name of
the person performing the inspection, 4) indication of whether the measures were
operating properly, 5) description of maintenance needs for the measure, 6) corrective
actions taken (7) date of actions taken, as well as the date and amounts of rainfall
received.
ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1)
identification of the discharge outfall inspected, 2) date and time of the inspection, 3)
name of the person performing the inspection, 4) evidence of indicators of stormwater
Pollution such as oil sheen, floating or suspended solids or discoloration, 5) indication of
visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and
7) date of actions taken.
iii) Visible Sedimentation Found Outside the Site Limits: Inspection records must include:
1) an explanation as to the actions taken to control future releases, 2) actions taken to
clean up or stabilize the sediment that has left the site limits and 3) the date of actions
taken.
iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include
evaluation of streams or wetlands onsite or offsite (where accessible) to determine if
visible sedimentation has occurred.
i) Visible Stream Turbidity - If the discharge from a site results in an increase in visible stream
turbidity, inspection records must record that evidence and actions taken to reduce sediment
contributions. Sites discharging to streams named on the state's 303(d) list as impaired for
sediment -related causes may be required to perform additional monitoring, inspections or
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application of more -stringent management practices if it is detennined that the additional
requirements are needed to assure compliance with the federal or state impaired -waters
conditions. If a discharge covered by this permit enters a stream segment that is listed on the
unpaired Stream List for sediment -related causes, and a Total Maximum Daily Load (TMDL)
has been prepared for those pollutants, the pennittee must implement measures to ensure that the
discharge of pollutants from the site is consistent with the assumptions and meets the
requirements of the approved TMDL. The Division of Water Quality 303(d) list can be found
at: http://h2o.car. state.nc.us/tmdl/General 303d.lntm/
4.) Sediment Basins
Sediment basins and traps shall meet the following requirements:
a) Outlet strictures shall be utilized that withdraw water from the surface.
b) For basins or traps that have a drainage area of less than 1.0 acre, draw -down designs specified
in the Division of Land Resources or delegated local program requirements are acceptable.
c) Chemical treatment
i) All treatment chemicals must be stored in leak -proof containers that are kept under
storm -resistant cover or surrounded by secondary containment strictures designed to
protect adjacent surface waters.
ii) All treatment chemicals must be used in accordance with dosing specifications and
application rates provided by the manufacturer, supplier and as specified by the Division
of Water Quality.
iii) The Permittee must only use chemcals that have been approved by the NC Division of
Water Quality and posted on their "North Carolina Division of Water Quality Approved
PAMS/Flocculants List" found on their web site at:
http://portal.ncdenr.org/web/wq/ws/su .
iv) The Pennittee must route stonmvater treated with polymers, flocculants, or other
treatment chemicals through sediment trapping, filtering, and/or settling devices(s) to
ensure adequate removal of sediment flocculent prior to discharge to surface waters.
d) Discharge -requirement - Discharges must meet the statutory requirements of the Sediment
Pollution Control Act and utilize the provisions of Section 6.74 of the Erosion and Sediment
Control Planning and Design Manual to assure that buffers and vegetated areas will be used to
reduce the potential for visible siltation outside of the 25% buffer zone nearest the land -
disturbing activity.
5.) Discharges to Special or Threatened Waters
a) Disturbed areas within one mile of and draining to waters where federally -listed threatened or
endangered aquatic species are present shall be limited at any time to a maximum total area
within the boundaries of the tract of 20 acres. These projects shall also use control measures
that are designed, installed and maintained in accordance with criteria set forth in 15A NCAC
04B .0124 —Design Standards in Sensitive Watersheds. The Division of Water Quality may
require additional/alternative protection measures or require coverage under an individual
Construction NPDES Stonnwater permit. Other management practices may be acceptable if
these designs are shown by the applicant, to the satisfaction of the Director, to provide
equivalent protection.
b) Constriction activities in High Quality Waters Zones require quicker ground stabilization
provisions as specified in Section L1.13.2.b. of the permit.
SECTION III
FRAMEWORK OF PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is
authorized to discharge stonnwater associated with construction activity including clearing, grading and
excavation activities resulting in the disturbance of land and related support activities. Such discharges
shall be controlled, limited and monitored as specified in this permit.
Page 8 of 16

rr y
1) Continuation of Previously Permitted Projects - Projects and their corresponding activities
permitted tinder the previous version of the NC general pen -nit for constriction activities will
continue to be valid with the previous permit conditions and will be considered covered under this
general pen -nit.
2) Projects subinitted prior to the effective date of the pennit — Complete project applications that
were received prior to the effective date of this permit, but not approved by the pennitting
authority until after approval of this NPDES permit, can rely on design and management practices
effective at the time of application submittal.
3) Implementation of the Erosion and Sedimentation Control Plan (E&SC Plan):
a) The Pennittee must implement and follow the E&SC Plan, which has been approved by the
Division of Land Resources or local delegated program.. The approved E&SC Plan is
considered a condition of this general permit.
b) Deviation from the approved E&SC Plan, or approved amendment, shall constitute a violation
of the terms and conditions of this general permit except that deviation from the approved plan
will be allowed:
i) to correct an emergency situation where sediments are being discharged off the site,
or,
ii) when minor modifications have been made that result in an alteration or relocation of
an erosion or sedimentation control measure and does not affect the ability of the
measure to perform as intended.
c) Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site.
d) Prior to the commencement of any land disturbance onsite, and during the construction
activities, a copy of the approved E&SC Plan and this NPDES constriction permit shall be
maintained on the site. These documents must be kept current and tip to date.
4) BMPs and Control Measures - Consistent with the provisions contained in this pen -nit and the
E&SC Plan, the pennittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the requirements
of this pen -nit.
5) Additional Action - If there is evidence indicating that the stormwater'discharges from the site are
impacting or have the potential to impact surface waters or wetlands, the Division of Water
Quality may take appropriate actions including any or all of the following:
a) take compliance and enforcement action;
b) require the pennittee to include and implement appropriate control and restoration measures;
c) require the pennittee to develop and implement additional site -specific stonmwater pollution
prevention measures;
d) require the pennittee to obtain an individual pernvt.
6) When an Individual Permit may be Required - The Director may require any owner/operator
authorized to discharge under a certificate of coverage issued pursuant to this general permit to
apply for and obtain an individual pen -nit or a general permit with additional conditions. Any
interested person may petition the Director to require an individual permit pursuant to 15A NCAC
2H .0127. Cases where an individual permit maybe required include, but are not limited to, the
following:
a) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection;
b) The discharger is a significant contributor of pollutants;
c) Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit;
Page 9of16

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) The discharge violates the terms or conditions of this general permit;
f) Effluent limitations are promulgated for the point sources covered by this general pernmit;
g) A Water Quality Management Plan containing requirements applicable to such point sources is
approved after the issuance of this general permit.
7) When an Individual Permit may be Requested - Any pennittee 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 permmit.
SECTION IV
OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
l ) Proper Operation and Maintenance - The pernmittee shall at all times properly operate and maintain
all control measures and systems of treatment and control (and related appurtenances) which are
installed or used by the pennittee to achieve compliance with the conditions of this general permit.
2) Need to Halt or Reduce not a Defense - It shall not be a defense for a pennittee in an enforcement
action that it was necessary to halt or reduce the permitted activity in order to maintain compliance
with the condition of this general permit.
3) Bypassing of Stormwater Control Facilities
a) Bypass Not Exceeding Limitations.
The pennittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation or as part
of a planned action specified in the approved Erosion and Sedimentation Control Permit.
These bypasses are not subject to the provisions of Paragraphs b. and c. of this section.
b) Notice
i) Anticipated bypass - If the pennittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and effect of the bypass.
ii) Unanticipated bypass - The pennittee shall submit notice to the Division contact (See
Section VIII.) within 24 hours of the occurrence of an unanticipated bypass.
c) Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a pennittee for
bypass, unless:
i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
ii) There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of storm,,vater or maintenance during nonnal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
iii) The pennittee submitted notices as required under Paragraph b. of this section.
d) The Director may approve an anticipated bypass, after considering its adverse effects, if the
Director determines that it will meet the three conditions listed above in Paragraph c. of this
section.
4) Upsets
a) Definition - "Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology -based permit effluent limitations because of factors
beyond the reasonable control of the pennittee. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment or control facilities,
Page 10 of 16

inadequate treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
b) Effect of an Upset - An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the requirements of
paragraph c. of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for noncompliance, is
final administrative action subject to judicial review.
c) Conditions Necessary for a Demonstration of Upset - A pennittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
i) An upset occurred and that the permittee can identify the cause(s) of the upset;
ii) The permitted facility was at the time being properly operated;
iii) The permittee submitted notice of the upset as required in this general perinit, and,
iv) The permittee complied with any remedial measures required in this general permit.
d) Burden of Proof - In any enforcement proceeding, the permittee seeking to establish the
occurrence of an upset has the burden of proof.
5) Inspection and Entry_ - The permittee shall allow the Director or an authorized representative
(including an authorized contractor acting as a representative of the Director), upon the
presentation of credentials and other documents as may be required by law, to:
a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general pernlit;
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 thus general permit; and
d) Sample or monitor at reasonable times, for the purposes of assuring general permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION V
PERMIT ADMINISTRATION AND COMPLIANCE ISSUES
1) Time of compliance — Erosion and sedimentation control measures shall be maintained, and self -
monitoring shall continue, after the completion of constriction and development until the
establishment of permanent ground cover sufficient to restrain erosion or until the financially
responsible party has conveyed ownership or control of the tract of land for which the erosion and
sedimentation control plan has been approved and the agency that approved the plan has been
notified. If the financially responsible party has conveyed ownership or control of the tract of land
for which the Erosion and Sedimentation Control Plan has been approved, the new owner or
person in control shall conduct and document self -monitoring until the establishment of permanent
ground cover sufficient to restrain erosion.
Upon establishment of permanent ground cover sufficient to restrain erosion, the pennittee shall
request an inspection by the pernitting authority to verify the adequacy of the ground cover.
Coverage tinder the permit shall end when a Sedimentation Inspection Report is issued
documenting the final stabilization of the site with adequate permanent ground cover. The signed
Sedimentation Inspection Report shall serve as a notice of termination.
2) Operation efficiency - During construction and until the completion of construction or
development and the establishment of permanent stabilization, the permittee shall provide the
operation and maintenance necessary to operate the storm water control measures and all erosion
and sedimentation control measures at optimum efficiency.
3) Corrective action - If inspections required by this permit identify a need for maintenance of control
measures, modifications or additions to control measures, or corrective actions to control sediment
Page 11 of 16

or other pollutants these actions must be performed as soon as possible and before the next storm
event to maintain the effectiveness of the control measures.
4) Duty to Comply - The pennittee must comply with all conditions of this general permit. Any
perinit noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
a) The pennittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the CWA within the time provided in the
regulations that establish these standards or prohibitions or standards for sewage sludge use or
disposal, even if the permit has not yet been modified to incorporate the requirement.
b) The Clean Water Act provides that any person who violates section 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 $27,000 per day for each violation. The Clean Water Act 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. 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. 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 pen -nit 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 endangennent violation, a person shall be subject to a fine of not
more than $500,000 or by imprisonment of not more than 30 years, or both. An organization,
as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the
imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions.
c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000)
per violation may be assessed against any person who violates or fails to act in accordance
with the tenors, conditions, or requirements of a penmit. [Ref: NC General Statute 143-
215.6A].
d) Any person may be assessed an administrative penalty by the Administrator of the U.S.
Environmental Protection Agency for violating section 301, 302, 306, 307, 308, 318 or 405 of
the Clean Water Act, or any pen -nit condition or limitation implementing any of such sections
in a pennit 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 11 penalty not to exceed $177,500.
5) Duty to Mitigate - The pennittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this general permit that has a reasonable likelihood of adversely affecting
human health or the environment.
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6) Civil and Criminal Liability - Except as provided in Section IV.3. of this permit regarding
bypassing of stortnwater control facilities, nothing in this general pen -nit shall be construed to
relieve the perniittee 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 pernittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily suspended.
7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to
preclude the institution of any legal action or relieve the perinittee from any responsibilities,
liabilities, or penalties to which the perinittee is or may be subject to under NCGS 143-215.75 et
seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the perinittee is responsible
for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
S) Property Rights - The issuance of this general permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
9) Severability - The provisions of this general permit are severable, and if any provision of this
general permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of this
general permit, shall not be affected thereby.
10) Duty to Provide Information - The perinittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general
permit or to determine compliance with this general permit. The peri-nittee shall also furnish to the
Director upon request, copies of records required to be kept by this general permit.
11) Signatory Requirements
a) All applications, reports, or information submitted to the Director shall be signed and certified
as follows:
i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision slaking functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities provided the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
ii) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
iii) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b) All reports required by the general pen -nit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
i) The authorization is made in writing by a person described above;
ii) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for envirorunental matters for the
Page 13 of 16

company. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position.); and
iii) The written authorization is submitted to the Director.
c) Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. 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 fines and
imprisonment for knowing violations."
12) 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 pen -nit 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 conunitted after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment
of not more than 4 years, or both.
13) General Permit Modification Revocation and Reissuance or Teniunation - The issuance of this
general permit does not prohibit the Director from reopening and modifying the general permit,
revoking and reissuing the general permit, or terminating the general pen -nit 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 Adnunistrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. seq.
14) Availability of Reports - Except for data determined to be confidential under NCGS 143-
215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, discharge data shall not be considered confidential. Knowingly
snaking any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
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 pennit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
16) Anticipated Noncompliance - The pernuttee shall give advance notice to the Director of any
planned changes in the pennitted facility or activity that may result in noncompliance with the
general permit requirements.
17) Other Information - Where the pennittee becomes aware that it failed to submit any relevant facts
in any report to the Director, it shall promptly submit such facts or information.
18) Limitations Reo ep ner - This general pen -nit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or water quality standard issued or
approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if
the effluent guideline or water quality standard so issued or approved:
a) contains different conditions or is otherwise more stringent than any effluent limitation in the
general permit; or
b) controls any pollutant not limited in the general permit.
c) The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
Page 14 of 16

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

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DWQ-DLR Monitoring Form DLRDWQ Form Rev. 02112013
Page 1 of 2
INSPECTION AND MONITORING RECORDS FOR ACTIVITIES UNDER STORMWATER GENERAL PERMIT
NCG010000 AND SELF -INSPECTION RECORDS FOR LAND DISTURBING ACTIVITIES PER G.S. 113A-54.1
Project Name
Project #
Financially Responsible
Part (Permittee)
County
Name of Inspector
Company
Address
Phone Number
Email
Address
PART 1A: Rainfall Data.
Day / Date
Rain Amt (in)
Initials
Notes:
Daily Rainfall Required. Except for Holidays or
Weekends. If no rain, indicate with a "zero"
M
T
W
Th
F
Sat (Optional)
Sun (Optional)
PART 16: Current Phase of Proiect
Phase of Grading
(Place a check in the box of the current project phase)
X
Comments
Installation of perimeter erosion and sediment control measures
Clearing and grubbing of existing ground cover
Completion of any phase of grading of slopes or fills
Installation of storm drainage facilities
Completion of construction or development and all land -disturbing activity
Permanent ground cover sufficient to restrain erosion has been established
By this signature, I certify in accordance with the NCG010000 permit & G.S. 113A-54.1 that this report is accurate
and complete to the best of my knowledge.
........_..
Landowner or Financially Responsible Party (Permittee) or Agent (Designee) Date
GROUND STABILIZATION
TIMEFRAMES
Site Area Description
Stabilization
Timeframe Exceptions
Perimeter dikes, swales and slopes
7 Days
None
High Quality Water HQW) Zones
7 Days
None
Slopes Steeper than 3:1
7 Days
If slopes are 10' or less in length and are not steeper
than 2:1, 14 days are allowed
Slopes 4:1 or flatter
14 Days
7 da s for slopes greater than 50' in length
All other areas with slopes flatter than 4:1
14 Da s
None, except for perimeters and HQW Zones

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