NCG010000_General Permit (2010-11)_20091229

STATE OF NORTH CAROLINA
0
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by North Carolina Environmental Management Commission and the Federal
Water Pollution Control Act as amended:
All owners or operators of stormwater point source discharges associated with construction activities including
clearing, grading and excavation activities resulting in the disturbance of land are hereby authorized to discharge
stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying stormwater to
the surface waters in accordance with the terms and conditions set forth herein.
Failure to receive coverage under this permit or violations of any of the conditions listed may result in assessment
of civil penalties of up to $25,000 per day per violation,
The General Permit shall become effective on January 1, 2010.
The General Permit shall expire at midnight on August 2, 2011.
Signed this day December 29, 2009
a,
Coleen H. Sullins, bire or
Division of Water Quality
By the Authority of the Environmental Management Commission
I

101111MV111111lud-11MOMMI
Until this State of North Carolina General Permit expires or is modified or revoked, the pen-nittee is authorized
to discharge stormwater in accordance with the terms and conditions of this permit and in accordance with an
approved Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources, Land
Quality Section, or a delegated local program under the provisions and requirements of North Carolina General
Statute I 13A - 54.1 to the surface waters of North Carolina or to a separate storm sewer system. The permit,
along with state statues (N.C.G.S. 143-215.1) and rules (NCAC '_1H.OlOO) relating to stormwater permitting
are designed to work together to assure compliance with the NPDES requirements of the Clean Water Act.
Furthennore, North Carolina rules in Title 15A NCAC 2H.0126 adopt by reference the federal stormwater
pennitting requirements.
Any other point source discharge to surface waters of the state is prohibited unless covered by another permit,
authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to
violations of North Carolina Water Quality Standards for surface waters and wetlands (15A NCAC 2B .0200).
Discharges allowed by this pen -nit must meet all applicable water quality certification or pennit requirements
as outlined in 15A NCAC 2H.0500 and 2H.1300. This permit does not relieve the permittee from
responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance,
order, judgment, or decree.
General Permit Coverage
This General Permit is applicable to point source discharges from construction activities
disturbing one or more acres of land. The submission of a proposed Erosion and Sedimentation Control
Plan to the Division of Land Resources or delegated local program shall be considered to take the place of a
Notice of Intent for coverage under this General Permit for those projects requiring this Permit coverage.
Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion and
Sedimentation Control Plan by the Land Quality Section of the Division of Land Resources or delegated local
program. Prior to the commencement of construction and land disturbing activities approval of the Erosion
and Sedimentation Control Plan shall be obtained.
Any owner or operator not wishing to be covered or limited by this General Permit may make application for
an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the
reasons supporting the request. Any application for an individual permit should be made at least ISO days
prior to the time the permit is needed.
This General Permit does not cover activities or discharges covered by an individual NPDES permit until the
individual permit has expired or has been rescinded. Any person conducting an activity covered by an
individual permit but which could be covered by this General Permit may request that the individual pennit be
rescinded and coverage under this General Permit be provided. Although the previous edition of this General
Permit will expire with the acceptance of this updated version, activities permitted under the previous edition
will be responsible for meeting those agreed -upon conditions until the individual project is completed or
terminated.
I I I

PermoitNo. NCGUl0U00
12-29-09
PART I
LI�UUTATIONS FOR PERMITTED DISCHARGES
I it
During the period beginning on the effective date ofthe pen -nit and lasting until expiration, the Pcro'dMeoia
authorized k)discharge stoomnm1crassociated with construction activity including clearing, grading and
excavation activities resulting in the disturbance of land and related support activities. Such discharges sb4U
be controlled, limited and monitored as specified below.
l. Erosion and Sedimentation Control Plan Approval: Prior tothe commencement nfland disturbing
activity, the permittee shall submit for approval an Erosion and Sedimentation Control Plan (hereafter
referred toum ^p)mm`)tnthe Department ofEnvironment, and Natural Resources, Division of Land
Resources, Land Quality Section, or a delegated local program, pursuant to the requirements of NC
G.S. 113A-54.1 and in conformity with rules adopted by the North Carolina Sedimentation Control
Commission.
2. Implementation ofthe Plan,
m. The Pen-nittee must implement the plan, which has been approved by the approval authority.
b. The approved plan is considered a requirement or condition of this general permit.
c. Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation
of the terms and conditions of this general permit except that deviation from the approved plan
will beallowed:
i. to correct an emergency situation where sediments are being discharged off the site, or
ii. when minor modifications have been made for the purpose of improving the
performance of the erosion and sedimentation control measures and notification of the
minor modification has been made to the Division of Land Resources or approved local
program.
Allowed deviations from the approved plan must bcnoted on the approved plan maintained at the
job site.
d. Once land disturbance has begun nnuho ucopy ofthe approved erosion and sediment control plan
and this N9IJB8construction permit shall hcmaintained onthe site.
Perinittee must manage activities on the site such that no adverse impacts to water quality occur from
site activities orallowed discharges. Onaddition tostream pollution from sediment discharge, other
activities on construction and development sites can result in pollutants reaching the state's waters.
The ncnniUecmust manage activities unthe site such that noadverse impacts towater quality occur
from any ofthese activities. EPA has prepared guidance documents that provide best management
practices that address many activities:
The following activities, and others ouasite specific basis, require the
construction and development process toassure that all water quality standards are :
a. Eonhnnen1 Operationand Maintenance: Equipment utilized during the construction activity ono
site must be operated and maintained in such a manner as to prevent the potential or actual
pollution nfthe surface orground waters ofthe state. Fuels, lubricants, coolants, and hydraulic
fluids, or any other petroleum products, shall not be discharged onto the ground or into surface
p/sdoro. Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal regulations. Any
spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to
allow their entry into the waters, surface or ground, of the state.

Permit No. NCGO 10000
12-29-09
b. Material Handling: Herbicide, pesticide, and fertilizer usage during the construction activity shall
be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
c. Building Material Waste Handling. All wastes composed of building materials shall be disposed
of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste
Management, and rules governing the disposal of solid waste (North Carolina Administrative
Code Section 15A NCAC 13B).
d. Litter and Sanitary Waste: The permittee shall control the management and disposal of litter and
sanitary waste from the site.
e. Concrete Handling: Concrete materials onsite, including excess concrete, must be controlled and
managed to avoid contact with surface waters, wetlands or buffers. (note that discharges from
onsite concrete plants may require coverage under a separate NPDES permit — NCG 140000)
4 The permittee must select, install, implement and maintain best management practices (BMPs) and
control measures that minimize pollutants in the discharge to meet the requirements of this permit.
5 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 permittee to include and implement appropriate control and restoration measures,
c. require the permittee to develop and implement a site specific stormwater pollution prevention
plan,
d. require the permittee to obtain an individual permit.
6 Disturbed areas in watersheds where available information indicates that 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 project 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 permittee may propose alternative protection measures and
seek coverage under an individual Construction NPDES Stormwater permit.
Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the
Director of the Division of Water Quality.
I . A rain gauge shall be maintained in good working order on the site.
2. A written record of the daily rainfall amounts shall be retained and all records shall be made available
to DWQ or authorized agent upon request (note: if no rainfall occurred, the pennittee must record
"zero").
3. The control measures shall be inspected to ensure that they are operating correctly. Inspection records
must be maintained for each inspection event and for each measure. Paragraph 6 of this Section
outlines additional inspection record requirements. At a minimum inspection of measures must occur
at the frequency indicated below.
a. All erosion and sedimentation control measures must be inspected by or under
the direction of the pen-flittee at least once every seven calendar days, and
b. All erosion and sediment control measures must be inspected by or under the
direction of the permittee within 24 hours after any stone event of greater than
0.50 inches of rain per 24 hour period
4. Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be inspected by
observation for erosion, sedimentation and other stormwater discharge characteristics such as clarity,
floating solids, and oil sheens. Inspections of the outfalls shall be made at least once every seven

a
calendar days and within 24 hours after any storm event of greater than 0.50 inches of rain per 24 hour
period.
9
Inspection records must be maintained for each inspection event and for each
discharge location.
5. If any visible sedimentation is leaving the site or entering waters of the state, corrective on -site action
shall be taken immediately to control the discharge of sediments. Where visible deposition of
sediment has occurred in surface waters or wetlands, the permittee must contact the Division within 24
hours of becoming aware of the deposition. (See Section I of this permit for contact information.)
6. The permittee must keep a record of inspections and all records shall be made available to DWQ or
authorized agent 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 for Activities Under Stormwater
General Permit NCG010000" form provided by the Division or a similar inspection form that is
inclusive of all of the elements contained in the Division's form. (See attached "Inspection Record"
form.)
Inspection records must include, at a minimum, the following:
a) 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 and (7) date of actions taken.
b) Storinwater 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.
c) 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.
d) 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.
e) Visible Stream Turbidity: If the discharge from a site results in visible stream turbidity, inspection
records must record that evidence and actions taken to reduce sediment contributions.
7. 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 application of more -stringent
management practices if it is determined 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 Impaired Stream List for sediment -related causes, and a
Total Maximum Daily Load (TMDL) has been prepared for those pollutants, the permittee must
implement measures to ensure that the discharge of pollutants from the site is consistent with the
assumptions and meets the requirements of the approved TMDL. The DWQ 303(d) list can be found
at: http://h2o.enr.state.iic.us/tnidi/Genera,l")03d.litiii/
I. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges
once disturbance has begun on the site and until completion of construction or development and the
establishment of a permanent ground cover. Documentation from the Division of Land Resources or a
locally -delegated program can be used to signify the completion of the project.

2. During construction and until the completion of construction or development and the establishment of
permanent ground cover, 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. (note: Completion of construction may be signified by the Division of Land
Resources or approved local program closing the site or certifying that the site is complete).
3. If inspections required by the Minimum Monitoring and Reporting Requirements in Section B 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 must be performed as soon as
possible and before the next storm event to maintain the effectiveness of the control measures.
PART 11
*721%rdt"U1 t` ,!
I Act or "the Act' 'or CWA - The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 USC 1251, et. seq.
2. Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution of waters of the United
States. BMPs also include treatment requirements, operation procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
3. 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.
4. DWQ or Division - The Division of Water Quality, Department of Environment, and Natural
Resources.
5. Director - The Director of the Division of Water Quality, the pen -nit issuing authority.
6. EMC - The North Carolina Environmental Management Commission.
7. Pen-nittee - The person, finn or organizational entity that signed as the financially responsible party on
the Erosion and Sedimentation Control Plan.
8. Point Source Discharge - Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, or concentrated animal feeding operation from which pollutants are or may be
discharged to waters of the state.
9. Administrator - The Administrator of the U. S. Environmental Protection Agency.
10. Stormwater Pollution Prevention Plan — A document which describes the best management practices
and control measures and activities to be implemented by a person or business to identify sources of
pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to
stormwater, stormwater conveyance systems, and/or receiving waters. Where sites exist that involve
multiple or complex sources of pollution or sensitive environmental conditions that may not be
addressed in the standard sediment and erosion control plan, the Division may require that an
individual Stormwater Pollution Prevention Plan be prepared for that site. This plan would include all
standard and additional control measures necessary to assure that water quality is protected.
11. Erosion and Sediment Control Plan - A plan developed in compliance with the North Carolina
Sediment 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

12-29-09
one mmore acres u[land. Each plan must \e approved by the NCSedimentation ContrnCommissio
oruprogram delegated hvthe Commission bzulocal government.
f"
L Duty to Comply.
The permittee must comply with all conditions ofthis general pen -nit. Any permit noncompliance
constitutes uviolation o[the Clean Water Act and imgrounds for: enforcement action; certificate of
coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage
upon renewal application.
(o) The pen-nittee 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 10incorporate the requirement.
(h) The Clean Water Act provides that any person who violates section 3O|,3O2,300,3O7,3UQ,3l8or
405 ofthe Act, orany permit condition orlimitation implementing any such sections inupermit
issued under section 402, orany requirement imposed in upretreatment program approved under
sections 4O2(o)(3)or402(h)(8)ofthe Act, issubject k)ucivil penalty not toexceed $27,UUOper day
for each violation. The Clean Water Act provides that any person who negligently violates sections
30|,]D2`300,3O7,3O0,3|8,or405ofthe Act, orany condition orlimitation implementing any of
unchocctiouyinupeomhimmocdnndcrmeo1ino4V2oftbo/\ct,oronyrcqoiren'eniiznpomedioo
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 I
year, nrboth. 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, urimprisonment for not more than ] years, or both. To the case ofasecond orsubsequent
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 ]0l,3U2,3O3,3Oh,3O7,3OO,3]Dur405ofthe Act, nrany permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the
Act, and who knows at that time that he thereby places another person in imminent danger of death
orserious bodily i jury,sbo|Lnponconviotion,besuhiccttoofiueofnotnuorethan$250,00Unr
imprisonment o[not more than 15years, orboth. lnthe case nfasecond orsubsequent conviction
for a knowing endangenuent violation, a person shall be subject to a fine of not more than $500,000
orhvimprisonment ofnot more than 30years, Vrboth. Auorganization, uudefined insection
309(u)(3)QBl(iii)ofthe CWA, mhn|L upon conviction nfviolating the imminent danger provision, be
subject &omfine ofnot more than $\,U0O,0UOand can hcfincdopto$2,O00,000for second or
subsequent convictions.
(c) Under state law, a daily civil penalty of not more than ten thousand dollars ($ 10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, orrequirements ofupermit. [Ref. NC General Statute 143-215.6A].
(d) Any person may be assessed an administrative penalty by the Administrator for violating section
3D],3O2,3U6,907,3O0,3]8or4O5ofthis Act, orany pen -nit condition orlimitation 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 $11,000 per violation, with the maximum amount of any Class I
penalty assessed not Loexceed $27,50U. Penalties for Class Dviolations are not toexceed $l\,8OO

Permit No. NCGO 10000
12-29-09
per day for each day during which the violation continues, with the maximum amount of any Class 11
penalty not to exceed $137,500.
2. Duly to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
general permit that has a reasonable likelihood of adversely affecting human health or the
environment.
Civil and Criminal Liability
Except as provided in Section C. of this pen -nit regarding bypassing of stormwater control facilities,
nothing in this general pen -nit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.6B, 143-
215.6C or Section 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.
4. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though
the responsibility for effective compliance may be temporarily suspended.
5. Propertv 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.
6. Severabili!y
The provisions of this general pen -nit are severable, and if any provision of this general permit, or the
application of any provision of this general permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this general permit, shall not be
affected thereby.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the certificate of coverage issued pursuant to this general permit or to determine
compliance with this general permit. The permittee shall also furnish to the Director upon request,
copies of records required to be kept by this general permit.
8. When an Individual Pen -nit 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 require an individual permit
pursuant to 15A NCAC 2H.0127. Cases where an individual permit may be required include, but are
not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit,
C. The discharge violates the terms or conditions of this general permit;
mm���

Permit No. NCGO 10000
12-29-09
d. &uhange has occurred in the availability ofdemonstrated technology or practices for the
control orabatement ofpollutants applicable &othe point source;
o. Effluent limitations are promulgated for the point sources covered by this general pen -nit;
[ A water quality management plan containing requirements applicable tosuch point sources is
approved after the issuance ofthis general permit.
9. The Director detcnoincm n1his own discretion that an individual permit is required.
9. When an Individual Permit may be Requested
Any peoniUccoperating under this general permit may request to be excluded from the coverage of
this general permit by applying.for an individual pen -nit. When an individual permit is issued to an
owner/operator the applicability of this general permit is automatically terminated on the effective date
ofthe individual permit.
10. Signatoly Requirements
m. All applications, reports, minformation submitted to the Director shall be signed and certified as
follows:
NU For : bvuresponsible corporate otficer. For the purpose ufthis Section, u
responsible corporate officer means: kA a president, secretary, treasurer orvice president of
the corporation in charge of a principal business function, or any other person who perfon-ns
similar policy or decision making functions for the corporation, or (b) the manager of one or
more manufacturing production or operating facilities provided the manager is authorized to
make management decisions which govern the operation of the regulated facility including
having the explicit o,implicit duty ofmaking major oopitu|iovcubnentn000mmendutimun"xud
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 tu sign documents has been assigned or
delegated 0nthe manager iuaccordance with corporate procedures.
'2\ For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For amunicipality, State, Federal, orother public agency: hveither aprincipal executive
officer orranking elected official.
b. All reports required by the general permit and other information requested by the Director shall be
signed by a person described above or by a duly authorized representative of that person. Aperson im
uduly authorized representative only if-
O\ The authorization iamade inwriting bvaperson described above;
(2} 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 unamed poaibon.);and
(3) The written authorization iosubmitted tnthe Director.
o. Any person signing udocument under paragraphs m.orb.nfNhiumectinnuhuDrookcdhuƒbUo`ving
certification:
"I certify, under penalty oflaw, 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 onnyinquiry oftile
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best ofmyknuvv|cd�eand belief, true,
accurate, and complete. lomm evvart that there are significant penalties for submitting false
information, including the possibility offines and inmpriaonmmcntfhrkuuvvingvioiudionm.-

Permit No. NCGO 10000
12-29-09
1, 1. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Director from reopening and modifying the
general permit, 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 .0 100; and North Carolina
General Statute 143-215.1 et. seq.
12 Continuation of Previously Permitted Projects
Projects and their corresponding activities permitted under the previous version of the NC general
permit for construction activities are covered under this general permit. The requirements for these
projects are the same as those previously required in the general pen -nit until the project is completed
or terminated.
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all control measures and systems of
treatment and control (and related appurtenances) which are installed or used by the pen-nittee to
achieve compliance with the conditions of this general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the condition of this general
permit.
Bypassing of Stormwater Control Facilities
a. Definitions
(1) "Bypass" means the intentional diversion of stormwater from any portion of a stormwater
control facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
control measures that cause them to become inoperable, or substantial and permanent loss of
natural resources that can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in production.
b. 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. These
bypasses are not subject to the provisions of Paragraphs c. and d. of this section,
C. Notice
(1) Anticipated bypass. If the permittee 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.
(2) Unanticipated bypass. The pen-nittee shall submit notice within 24 hours of an unanticipated
bypass as required in Part 11, E. 1(b)(1) of this general pennit. (24-hour notice).
d. Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a pen-nittee for bypass,
unless:

Permit No. NCGO 10000
12-29-09
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage-,
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this section.
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 d. of this section.
4. UP —Sets
a. Definition - "Upset "means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based pen -nit 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.
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 pen-nittee who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the pen-nittee can identify the cause(s) of the upset;
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part 11, E.3.(b)(2) of this general permit.
(4) The permittee complied with any remedial measures required under Part 11, A.2.of 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.
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic
of the discharge.
2. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this general permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine of not
more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.
Records Retention
The permittee shall retain records of all monitoring information and copies of all reports required by
this general pen -nit for a period of at least one year from the date of the final inspection by the Division

Permit No. NCGO 10000
12-29-09
of Land Resources, or the designated permitting agency, determining that the site is in compliance and
has been stabilized with permanent ground cover. This period may be extended by request of the
Director at any time. ?
4. Recording Results
For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the
requirements of this general permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance
activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance
activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
S. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate stonn sewer system, an authorized representative of a municipal operator
or the separate storm sewer system receiving the discharge, upon the presentation of credentials and
other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general pennit; 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.
Planned Changes
The pennittee shall give notice to the Director as soon as possible of any planned physical alterations
or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants that are subject neither to effluent
limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted facility
or activity that may result in noncompliance with the general pet mit requirements.
Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any discharge
of stormwater that has resulted in visible sediment being deposited in any stream or wetland or

Permit No. NCGOl0O00
/z-2vov
may noncompliancewhich may endanger health orthe environment. Ally information shall be
provided orally within 24 hours from the time the permitteebecame aware ofthe
oi,uoxos1uncca. /\ written mub""Iaoiooshall also bcprovided within 5days ofthe tin -le the
nsnuittoebecomes aware ofthe uin:unuotamces.(See Section Ifor contact infbnno1iaoj
b. The written submission shall contain a description of the sediment deposition or the
noncompliance, and its causes; the period ofnoncompliance, including exact dates and times,
and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance.
C. The Director may waive the written report on a case -by -case basis for reports under paragraph
b. above of this condition if the oral report has been received within 24 hours.
4. Other Information
Where the permittee becomes aware that kfailed to submit any relevant facts in any report to the
Director, it shall promptly submit such facts or information.
Availability of Repgrts
Except for data determined to be confidential under NCG3)43-2l5.3(a)(2)mSection 3U8of the
Federal Act, 33USCl]]&,all reports prepared inaccordance with the terms shall buavailable for
public inspection utthe offices ofthe Division o[Water Quality. /\mrequired 6vthe Act, discharge
data shall not bcconsidered confidential. Knowingly making any false statement onany such report
may result inthe imposition ofcriminal penalties usprovided for inY4CGS L43-2l5.6l8orinSection
3UQoFthe Federal Act.
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 mrreports ofcompliance m 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, o,bvboth.
This general pen -nit shall bcmodified oralternatively, revoked and reissued, b» comply with any
applicable effluent guideline orwater quality standard issued or approved under Sections 302(b)C8
(c)`and Nl304(N(2)and 3O7(a) ofthe Clean Water Act, ifthe effluent guideline ocwater quality
standard uoissued urapproved:
u. contains different conditions or is otherwise more stringent than any effluent
limitation in the general permit; or
h. controls any pollutant not limited iuthe general pennh.
The general permit as modified or reissued under this paragraph shall also contain ally other
requirements in the Act then applicable.
The Clean Water Act requirements mandate that utonnwaterrunoff from various industrial activities
are regulated hvthe EPA`odesignated state N9[UB8agency. The Division ofWater Quality has been
delegated responsibility for implementing this program inNorth Carolina. One area covered is
construction site mtnrmnoatcrrunoff for project disturbingonournnou:ncreooflaud. North Carolina
has had a statewide sediment control program since 1974. This prograrn is implemented by the
Division ofLand Resources. The Division ofWater Quality partners with the Division ofLand

12-29-09
Resources k»implement ucomp|oteynogrummh» construction site coverage that includes state
sedimentation control and NPDb8stomlwatercontrol. The Division cf Land Resources implements
their control programs through unErosion � and Sedimentation Control Plan (the Plan) issued for each
construction site inthe state disturbing one ocmore acres nfland. /\ plan iarequired for each site hv
the Division of Land Resources or a delegated local government program. The NPDES Construction
Storrnwater permit (NCGO 10000) is attached to erosion and sedimentation control plan approvals. The
pen-nittee is responsible for abiding by the conditions of both of these documents,
The Erosion and Sedimentation Control Plan serves as a blueprint for the location, installation, and
maintenance ofpractices tncontrols erosion and sedimentation. Erosion and Sedimentation Control
Plans are designed k/meet the following basic objectives:
Dlindt exposed areas,
2\limit time ufexposure,
3)Dmodrunoff originating npocude,
4)identify critical areas that need additional protection
5)control sedimentation toprevent off -site sedimentation, and
6) manage stormwater runoff to prevent accelerated erosion of tile receiving watercourse,
The Sedimentation Pollution Control Act of 1973 places a duty upon the Sedimentation Control
Commission to "develop recommended methods of control of sedimentation and prepare and make
available for distribution publications and other materials dealing with sedimentation control
techniques appropriate for use by persons engaged in land -disturbing activities." The Sedimentation
Control Commission and the Division of Land Resources have adopted the North Carolina. Erosion
and Sediment Control Planning and Design Manual as the document to provide that guidance for use
at all constructions sites in the state. The individual Erosion and Sedimentation Control Plans are
developed based on this guidance and become a condition of the Division of Water Quality's
Construction S(000rvu$er(}encro1 Pcnoh. As provided iothis ponnit, "Deviation from the approved
plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions of
this general permit.,`
Please note that this construction NPDES Stormwater permit contains controls and requirements
similar 1othe erosion and sediment control plan, but also contains additional requirements. The
pemmittee iaresponsible for all n;guironuen1m.
ThisGcocruPornd1d00000th/ck/de requirements for numeric limits for discharges from construction
okco. Hnwmvcr, umspecified inthe EffluentLimitations Guidelines (ELG)published inthe December
l,2O04,Federal Register, any general permit for construction issued after the February 2,2010
implementation date must include the numeric effluent limitations provided in those Guidelines.
Those Guidelines require effluent limits of 280 NTUs for construction sites with 20 or more acres by
August 2, 2011 and for sites with lO ormore acres bvFebruary 2, 2014. (Thome guidelines also
require immediate application of soil stabilization measures where activity on umitc isnot resumed for
operiod exceeding |4deyo.) When this permit expires oil August 2,20}l,the new construction
general permit developed must contain these effluent limitations as established in the EPA EL[}.

2090 U.S. Highway 70
Swannanoa, NC 28778
828/296-4500
FAX [phone]
913==» * 1-10
Systel Building,
225 Green St., Suite 714
Fayetteville, NC 28301-5094
9101433-3300
F&1-09409W-MT-
610 East Center Ave.
Mooresville, NC 28115
s'
Location:
3800 Barrett Drive
Raleigh, NC 27609
919/791-4200
FAX [phone]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
252/946-6481
FAX [phone]
Perinit No, NCGO 10000
12-29-09
Will
Wilmington, NC 28405
9101796-7215
FAX [phone]
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107
0 O
• I , go NW" M1#
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