NCG010000_DR Horton Comments Supplement_20240320

Permit No.NCGO10000-DRAFT
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES
GENERAL DRAFT PERMIT NO. NCGO10000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for:
Construction Activities that are also Subject to the
North Carolina Sedimentation Pollution Control Act of 1973
In compliance with the provisions of North Carolina General Statute (G.S.) 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act,as amended,this permit is
hereby issued to all owners or operators,hereinafter permittees,which are covered by this permit
as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission
to allow the discharge of stormwater to the surface waters of North Carolina or to a separate
storm sewer system conveying discharges to surface waters in accordance with the terms and
conditions set forth herein.
Coverage under General Permit No. NCG010000,hereafter referred to as NCG01, is
applicable to:
All owners or operators of stormwater point source discharges associated with construction
activities including clearing,grading,or excavation activities resulting in the disturbance of land
greater than or equal to one acre, or that are part of a common plan of development of that size that
are also subject to the North Carolina Sedimentation Pollution Control Act of 1973(SPCA),are
hereby authorized to discharge 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 state or federal civil or criminal penalties for each day
of each violation.
The General Permit shall become effective on April 1, 2024.
The General Permit shall expire at midnight on March 31,2029.
Signed this day March 28, 2024.
William E.Toby Vinson,Jr.,PE, CPM,Interim Director
Division of Energy,Mineral and Land Resources
By the Authority of the Environmental Management Commission
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Permit No.NCGO10000-DRAFT
TABLE OF CONTENTS
PART I NCG01 PERMIT COVERAGE
PART II STORMWATER POLLUTION PREVENTION PLAN
Section A: Required Components of the Erosion and Sedimentation Control Plan
1. Location Information
2. Narrative and Construction Sequence
3. General Site Features
4. Site Drainage Features
5. Plans Showing E&SC Measures
6. Calculations
7. Vegetative Stabilization Shown on Plans
8. Documentation
Section B: Design and Construction Standards for Erosion and Sediment Control
Measures
1. Objective of E&SC Measures
2. Area to Be Covered by the E&SC Plan
3. Angle for Graded Slopes
4. Upslope Areas
5. Design Standard for E&SC Measures
6. Calculation Method
7. Stormwater Conveyances
8. Sediment Basin Outlet Structures
9. Lower Portions of the Site
Section C: Additional Design and Construction Standards in High Quality Water
(HQW) Zones
1. Extent of the HQW Zone
2. Disturbed Area Limits in HQW Zones
3. Additional Sediment Basin Requirements in HQW Zones
4. Open Channels in HQW Zones
Section D: Construction Activity Buffers
1. Buffers in Non-Trout Waters
2. Buffers in Trout Waters
Section E: Ground Stabilization
1. Ground Stabilization Timelines
2. Permanent Ground Stabilization Timeline
Section F: Materials Handling
1. Polyacrylamides (PAMS) and Flocculants
2. Equipment Fluids
3. Waste Materials
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Permit No.NCGO10000-DRAFT
4. Herbicide, Pesticide,and Rodenticides
5. Concrete Materials
6. Earthen Material Stock Piles
Section G: Operation and Maintenance
1. Modifications to the E&SC Plan
2. Operation and Maintenance
3. Corrective Actions
4. Maintenance of Sediment Basins
5. Secondary Containment Plan
6. Bypass of E&SC Measures
7. Unavoidable Bypass for Public Safety
8. Upset of E&SC Measures
PART III SELF-INSPECTION, RECORDKEEPING AND REPORTING
Section A: Self-Inspections
Section B: Recordkeeping
1. E&SC Plan Documentation
2. Additional Documentation to be Kept on Site
3. Documentation to be Retained for Three Years
Section C: Reporting
1. Occurrences that Must be Reported
2. Reporting Timeframes and Other Requirements
PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
Section A: Compliance and Liability
1. Continuation of Previously Permitted Projects
2. Projects Submitted Prior to this Permit's Effective Date
3. Duty to Comply
4. Non-Stormwater Discharges
5. Test Procedures
6. Duty to Mitigate
7. Need to Halt or Reduce Not a Defense
8. Civil and Criminal Liability
9. Oil and Hazardous Substance Liability
10. Property Rights
11. Severability
12. Duty to Provide Information
13. Inspection and Entry
14. Penalties for Tampering
15. Penalties for Falsification of Reports
16. Onshore or Offshore Construction
17. Duty to Reapply
18. Planned Changes
19. Anticipated Noncompliance
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Permit No.NCGO10000-DRAFT
Section B: Permit Administration
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
5. Impacts or Potential Impacts to Surface Waters or Wetlands
6. Signatory Requirements
7. General Permit Modification,Revocation and Reissuance,or
Termination
8. Certificate of Coverage Actions
9. Annual Administering and Compliance Monitoring Fee Requirements
10. Availability of Reports
11. Omissions
PART V DEFINITIONS
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Permit No.NCG010000-DRAFT
PART I - NCG01 PERMIT COVERAGE
This permit applies to all owners or operators of stormwater discharges associated with
construction activities such as clearing,grading,and excavation,that result in the disturbance of a
land area greater than or equal to one acre,or that are part of a common plan of development of
that size or greater that are also subject to the North Carolina Sedimentation Pollution Control
Act of 1973(SPCA). This permit may also be issued to stormwater discharges from like activities
deemed by the Division of Energy, Mineral,and Land Resources (DEMLR) to be similar to these
operations in process or stormwater discharges. This permit shall not apply to land-disturbing
activities that are covered under the NCG020000 (Mining Activities) permit. [NCGS 113A -57(4),
15A NCAC 04b .0107,15A NCAC 02H.0126, 40 CFR 122.26(b)(15)]
The SPCA requires that the persons engaged in subject construction activities develop and adhere
to an Erosion and Sedimentation Control (E&SC) Plan. The Sedimentation Control Commission and
DEMLR have created and adopted a North Carolina Erosion and Sediment Control Planning and
Design Manual describing recommended sedimentation control techniques for construction
activities. [NCGS 113A - 57(4), 15A NCAC 04b .0107,]
A person seeking coverage under this permit shall take the following steps in the following order:
[40 CFR 122.21]
1. Develop an E&SC plan that adheres to the Stormwater Pollution Prevention Plan (SWPPP)
requirements of this permit(when applicable to the E&SC plan),the SPCA and 15A NCAC
04B .0101-.0132. The North Carolina Erosion and Sediment Control Planning and Design
Manual shall be used as guidance in meeting the applicable requirements. [NCGS 113A -
57(4), 15A NCAC 04b.0107, 15A NCAC 02H.0126,40 CFR 122.26(b)(15)
2. Obtain approval of the E&SC plan by either DEMLR or the appropriate state delegated local
entity(hereafter known as the"E&SC plan authority"). [NCGS 113A-54.1]
3. Submit an electronic Notice of Intent(e-NOI) to DEMLR with documentation of the E&SC
plan approval scanned and uploaded. The e-NOI is available at https://deq.nc.gov/NCGO1.
In addition,pay the general annual permit fee provided for in§ 143-215.3D. DEMLR shall
email the COC within three business days (or 24 business hours for a project being
reviewed under DEMLR's Express review program) after the submittal of a complete and
correct e-NOI and the receipt of the general permitting fee. [15A NCAC 02H.0127]
4. Commence the construction activity after receipt of the COC. [NCGS 113A-57(4), 15A NCAC
02H.0127]
5. Abide by the conditions of both the NCG01 permit(when applicable to the E&SC plan) and
the E&SC plan until completion of the construction activity and establishment of permanent
ground stabilization. [NCGS 113A-57, 15A NCAC 04b.0107, 15A NCAC 02H.0126]]
6. Contact the E&SC plan authority after construction is complete and the site is permanently
stabilized,contact the E&SC plan authority for the final/close out inspection of the E&SC
plan. [NCGS 113A-61.1, 15A NCAC 02H.0126]]
7. Submit an electronic Notice of Termination (e-NOT)with a scan of the close-out inspection
report uploaded. The e-NOT is available at https://deq.nc.gov/NCGO1. DEMLR shall email
confirmation of the close-out of the COC within three business days after the submittal of a
complete and correct e-NOT. [15A NCAC 02H .0126,.0127]
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Permit No.NCG010000-DRAFT
The discharges allowed by this General Permit shall not cause or contribute to violations of North
Carolina Water Quality Standards for surface waters and wetlands (15A NCAC 02B .0200).
Discharges allowed by this permit must meet all applicable water quality certification or permit
requirements as outlined in 15A NCAC 02H .0500 and 02H .1300. This permit does not relieve the
permittee from responsibility for compliance with any other applicable federal,state,or local law,
rule,standard,ordinance,order,judgment,or decree. This General Permit does not cover any other
point source discharge to surface waters of the state,nor does it cover activities or discharges that
are covered by an individual NPDES permit. [15A NCAC 02H.0127]
Any owner or operator of a subject construction activity not wishing to be covered or limited by
this General Permit may apply for an individual NPDES permit in accordance with NPDES
procedures in 15A NCAC 02H .0100,stating the reasons supporting the request. Any application for
an individual permit should be made at least 180 days prior to the time the permit is needed unless
waived by the Director(see Part IV Section B of this permit).
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Permit No.NCG010000-DRAFT
PART II — STORMWATER POLLUTION PREVENTION PLAN
The Stormwater Pollution Prevention Plan (SWPPP) for this permit shall include the approved
Erosion and Sedimentation Control (E&SC) Plan as well as any requirements in this Part that
exceed the approved E&SC Plan. Items that are required in the SWPPP but are not part of the
approved E&SC Plan may include,at a minimum,Section E, Item (1) [Ground Stabilization
Timelines],Section F [Materials Handling]. DEMLR provides two sample plan sheets that
permittees may add to their E&SC Plan set to fulfill Sections E (1) and F of this permit at
https://deg.nc.gov/NCGO1. [NCGS 113A— 57, 1 SA NCAC 04b .0107]
Recommendations for preparing the E&SC plan as well as for designing, constructing,and
maintaining the erosion and sedimentation control practices are contained in the North Carolina
Erosion and Sediment Control Planning and Design Manual.
SECTION A: REQUIRED COMPONENTS OF THE EROSION AND SEDIMENTATION CONTROL
PLAN
The E&SC Erosion and Sedimentation Control Plan shall include,at a minimum,the following
components and those components shall be in compliance with all conditions of this permit.
Hard and/or digital copies shall be submitted in accordance with the specifications of the E&SC
plan authority. [15A NCAC 04b .0107]
1. Location Information
Project location&labeled vicinity map (roads,streets,landmarks)
North arrow and scale
Identification of the River Basin
A copy of site disturbed area located on applicable USGS quadrangle and hardbound copy of
the NRCS Soils maps to scale
Latitude and longitude (in decimal degrees) at the project entrance
[NCGS 113A— 57, 15A NCAC 04b .0107]
Z. Narrative and Construction Sequence
Narrative describing the nature&purpose of the construction activity
Construction sequence related to erosion and sediment control (including installation of
critical measures prior to the initiation of the land-disturbing activity&removal of
measures after areas they serve are permanently stabilized).Address all phases of
construction and necessary practices associated with temporary stream bypasses and/or
crossings
Estimated start and end dates
[NCGS 113A—57, 15A NCAC 04b.0107]
3. General Site Features
Property lines
Existing and proposed contours (topographic lines)
Stockpiled topsoil or subsoil locations
Limits of disturbed area (with acreage labeled) within which all construction,material
storage,grading,and related activities occur,including the following items as applicable:
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Permit No.NCGO10000-DRAFT
• Access to E&SC measures,lots that will be disturbed,and utilities that may extend
offsite.
• Temporary access and haul roads,other than public roads,constructed or used in
connection with the land-disturbing activity
• Borrow and waste areas created by the applicant. If the land-disturbing activity and
any related borrow or waste activity are not conducted by the same person,they shall
be considered separate land-disturbing activities
• Offsite borrow pits if the borrow pit is a construction support activity to the
development
Planned and existing building locations and elevations,if applicable
Planned&existing road locations&elevations,including temporary access roads,if
applicable
Profiles of streets,utilities,and permanent ditch lines,if applicable
Lot lines and/or building numbers,if applicable
Easements and drainageways,particularly required for offsite affected areas,if applicable
Location and details associated with any onsite stone crushing or other processing of
material excavated,if applicable.A mining permit will be required if the affected area
associated with excavation,processing,stockpiles and transport of such materials
comprises one or more acres,and materials will be leaving the development tract
[NCGS 113A— 57, 15A NCAC 04b .0107]
4. Site Drainage Features
Existing and planned drainage patterns (include off-site areas that drain through project
and address temporary and permanent conveyance of stormwater over graded slopes)
Drainage area map
Surface waters,including the limits of wetlands,streams,lakes and ponds and all required
local or state buffer zones as well as impact maps by the construction activity to these
sensitive areas.
Method used to determine acreage of land being disturbed and drainage areas to all
proposed E&SC measures (e.g. delineation map)
Size,pipe material and location of culverts and sewers
Soil information throughout the site and below culvert storm outlets,including soil type and
special characteristics
Name and classification of receiving water course where discharges are to occur
[NCGS 113A— 57, 15A NCAC 04b .0107]
5. Plans Showing E&SC Measures
Legend (provide appropriate symbols for all measures and reference them to the
construction details)
Location of temporary and permanent E&SC measures
Location of permanent stormwater quality and quantity control measures
Construction drawings and details for temporary and permanent measures,including outlet
structures.Show measures to scale on plan and include proposed contours where
necessary.Ensure design storage requirements are maintained through all phases of
construction.
Specifications for ground stabilization
Maintenance requirements for measures
Contact person responsible for maintenance,if the permittee wishes to designate one. If
not,the financially responsible organization will be the contact for maintenance.
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Permit No.NCG010000-DRAFT
A note stating that material handling procedures for the items required in Part II,Section F
will be followed.
Standard details for structural BMPs to be installed to manage the anticipated materials
listed in Part II,Section F such as construction debris management,concrete washout,paint
washout,petroleum product storage and pesticide/herbicide handling,along with spill
prevention practices.
[NCGS 113A—57, 15A NCAC 04b .0107]
6. Calculations
Calculations for peak discharges of runoff from each outlet at pre-development,during
construction and at completion. Provide all supporting data for the computation methods
used (rainfall data for required storm events,time of concentration/storm duration,and
runoff coefficients).
Design calculations for culverts and storm sewers (include headwater,tailwater and outlet
velocities)
Discharge and velocity calculations for open channel and ditch flows (easement&rights-of-
way)
Design calculations for cross sections and method of stabilization for existing and planned
channels (include temporary linings).Include appropriate permissible velocity and shear
stress.
Design calculations and construction details for energy dissipaters below culvert and storm
sewer outlets (include stone/material specs&apron dimensions).Avoid discharges on fill
slopes.
Design calculations and dimensions for sediment traps and basins
Total and disturbed drainage areas for silt fencing and other sediment controls
[NCGS 113A—57, 15A NCAC 04b .0107]
7. Vegetative Stabilization Shown on Plans
Area&acreage to be stabilized with vegetation
Method of soil preparation
Seed type&rates (temporary&permanent)
Fertilizer type and rates
Mulch type and rates (include mulch anchoring methods)
[NCGS 113A—57, 15A NCAC 04b .0107]
8. Documentation
Completed,signed&notarized Financial Responsibility/Ownership Form
Certificate of assumed name,if the owner is a partnership
Name of Registered Agent(if applicable)
Copy of the most current Deed for the site. Please make sure the deed(s)and ownership
information are consistent between the plan sheets,local records and this form.
Provide latitude&longitude (in decimal degrees)at the project entrance.
Army Corps 404 permit and Water Quality 401 certification,if required for project,or a
complete application if these items are not yet issued.
DWR Buffer Authorization,if required for project
Copies of any recorded easements and/or agreements with adjoining property owners for
landlocked parcels
[NCGS 113A—57, 15A NCAC 04b .0107]
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Permit No.NCGO10000-DRAFT
SECTION B: DESIGN AND CONSTRUCTION STANDARDS FOR EROSION AND SEDIMENT
CONTROL MEASURES
1. Objective of E&SC Measures
E&SC Measures shall be designed and constructed to prevent off-site sedimentation damage.
[NCGS 113A— 57, 15A NCAC 04b .0107, .0108]
2. Area to Be Covered by the E&SC Plan
The E&SC plan shall include the limits of disturbed area within which all construction,material
storage,grading,and related activities occur,including the following items as applicable:
(a) Access to E&SC measures,lots that will be disturbed,and utilities that may extend offsite,
(b) Temporary access and haul roads,other than public roads,constructed or used in
connection with the land-disturbing activity
(c) Borrow and waste areas created by the applicant. If the land-disturbing activity and any
related borrow or waste activity are not conducted by the same person,they shall be
considered separate land-disturbing activities
(d) Offsite borrow pits if the borrow pit is a construction support activity to the development
[NCGS 113A— 57, 15A NCAC 04b .0107, .01081
3. Angle for Graded Slopes
The angle for graded slopes and fills shall be no greater than the angle that can be retained by
vegetative cover or other erosion control devices or structures. (NCGS 113A-57(2))
[NCGS 113A— 57, 15A NCAC 04b .0107, .01081
4. Upslope Areas
Runoff originating upslope of the disturbed areas shall be either diverted away from the
construction activity or E&SC measures shall be sized sufficiently to handle the runoff. Any
diversion measures shall be shown on the plans.
[NCGS 113A— 57, 15A NCAC 04b .0107,.0108]
5. Design Standard for E&SC Measures
Plans shall include measures necessary to prevent erosion at the limit of disturbance during the
10-year storm or the 25-year storm in HQW Zones and the Falls Lake Watershed.
[NCGS 113A— 57, 15A NCAC 04b .0107, .0108]
6. Calculation Method
Hydrologic calculations for designing E&SC measures shall be in accordance with the
procedures in the United States Department of Agriculture,Natural Resources Conservation
Service's "National Engineering Handbook (Parts 630 and 650) "which is herein incorporated
by reference including subsequent amendments and editions,and may be accessed at:
https://directives.sc.egov.usda.,�zov or according to procedures adopted by any other agency of
this state or the United States or any generally recognized organization or association.
[NCGS 113A— 57, 15A NCAC 04b .0107,.0108]
7. Stormwater Conveyances
Any increase in stormwater runoff velocity resulting from a land-disturbing activity shall not
result in accelerated erosion of the receiving Stormwater conveyance during the 10-year storm
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Permit No.NCGO10000-DRAFT
or the 25-year storm in HQW Zones. The following additional requirements apply to
stormwater conveyances:
(a) The velocity in the receiving stormwater conveyance shall not exceed the
maximum permissible velocity per Table 1 except for sinuous channels. For sinuous
channels,multiply allowable velocity in Table 1 by 0.95 for slightly sinuous,by 0.9 for
moderately sinuous channels,and by 0.8 for highly sinuous channels
Table 1: Maximum Permissible Velocities
Stormwater conveyance in-situ Maximum Permissible Velocity
material Feet per second Meters per second
Fine sand (noncolloidal) 2.5 0.8
Sandy loam (noncolloidal)
Silt loam (noncolloidal) 3.0 0.9
Ordinary firm loam 3.5 1.1
Alluvial silts (noncolloidal)
Fine gravel 5.0 1.5
Stiff clay(very colloidal)
Alluvial silts (colloidal)
Graded,silt to cobbles (colloidal) 5.5 1.7
Cobbles and shingles
Coarse gravel (noncolloidal) 6.0 1.8
Shale and hard pans
(b) Conveyances may be stabilized by planting vegetation,enlarging cross sections,and/or
providing erosion-resistant lining. Any erosion-resistant linings shall be shown on the plans.
[NCGS 113A— 57, 15A NCAC 04b .0107,.0108]
8. Sediment Basin Outlet Structures
Sediment basins and traps with drainage areas of one acre or greater shall use outlet structures
that withdraw water from the surface. [NCGS 113A—57, 15A NCAC 04b .010 7, .0108, .0109]
9. Lower Portions of the Site
Portions of a site that are lower in elevation than adjacent discharge locations and are not expected
to discharge during construction may be exempt from the temporary ground cover requirements if
identified on the approved E&SC plan or added by the E&SC plan authority. [NCGS 113A—57, 15A
NCAC 04b .0107, .0108]
SECTION C: ADDITIONAL DESIGN AND CONSTRUCTION STANDARDS IN HIGH QUALITY
WATER(HQW) ZONES
1. Extent of the HQW Zone
HQW Zones are those areas in the 20 Coastal Counties that are within 575 feet of High Quality
Waters and for the remainder of the state,areas that are within one mile of and drain to HQWs.
[NCGS 113A— 57, 15A NCAC 04b .0124, .0125]
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Permit No.NCGO10000-DRAFT
2. Disturbed Area Limits in HQW Zones
Disturbed areas in HQW zones shall be limited at any time to a maximum total area within the
boundaries of the tract of 20 acres. Only the portion of the construction activity within a HQW
zone shall be subject to the 20-acre limit. Larger disturbed areas may be allowed with the
written approval of the Director upon providing adequate engineering justification with a
specific construction sequence that addresses phasing,limited exposure,weekly submitted self-
inspection reports and/or more conservative design than the 25-year storm.The Director may
also include other conditions as necessary based on specific site conditions.
[NCGS 113A— 57, 15A NCAC 04b .0124, .0125]
3. Additional Sediment Basin Requirements in HQW Zones
Sediment basins that discharge to HQW Zones shall be designed and constructed to meet the
following criteria unless the permittee demonstrates to the E&SC plan authority that meeting
each of the basin design conditions below would result in design or operational hardships.
Alternative control measures,such as quicker application of ground cover or use of sediment
flocculants,shall be allowed as a substitute on a case-by-case basis if it can be shown that use of
the alternate practices is expected to result in an equal or better sediment discharge reduction
from the site.
(a) Use a surface withdrawal mechanism except when the basin drainage area is less than 1.0
acre.
(b) Have a minimum of 1800 cubic feet per of storage area per acre of disturbed area.
(c) Have a minimum surface area of 325 square feet per cfs for the peak flow from the 25-year
storm.
(d) Have a minimum dewatering time of 48 hours.
(e) Incorporate three baffles unless the basin is less than 20 feet in length,in which case two
baffles are sufficient.
[NCGS 113A— 57, 15A NCAC 04b .0124, .0125]
4. Open Channels in HQW Zones
Newly constructed open channels in HQW zones shall be designed and constructed with side
slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization
unless soil conditions permit a steeper slope or where the slopes are stabilized by using
mechanical devices,structural devices or other acceptable ditch liners. The angle for side slopes
shall be sufficient to restrain accelerated erosion.
[NCGS 113A—57, 15A NCAC 04b .0124, .0125]
SECTION D: CONSTRUCTION ACTIVITY BUFFERS
The requirements in Section D below shall not apply to a land-disturbing activity in connection with
the construction of facilities to be located on, over, or under a lake or natural watercourse (NCGS
113A-57).
1. Buffers in Non-Trout Waters
Unless wider buffers are required per NC rules or statutes,the width of the buffer shall be
sufficient to confine visible sedimentation to the 25 percent of the strip closest to the land-
disturbing activity.
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Permit No.NCGO10000-DRAFT
The width of a buffer adjacent to a non-trout water shall be measured from the edge of the
water to the nearest edge of the disturbed area.
Recommended buffer widths to achieve this standard are shown in Table 2 below.
Table 2: Recommended Buffer Widths
Slope of Buffer(%) Recommended Width of Undisturbed Vegetation
Adjacent to Non-Trout Waters
0-1 15 feet
1-3 20 feet
3-5 25 feet
>5 25 feet+ (% of slope- 5)
[NCGS 113A- 57, 15A NCAC 04b .0124, .0125]
2. Buffers in Trout Waters
Unless wider buffers are required per NC rules or statutes,the minimum width for an
undisturbed buffer adjacent to trout waters shall be 25 feet. The width of a buffer adjacent to a
trout water shall be measured horizontally from the top of bank to the nearest edge of the land-
disturbing activity. However,the Sedimentation Control Commission may approve plans that
include land-disturbing activity along trout waters when the duration of said disturbance would
be temporary and the extent of said disturbance would be minimal. (NCGS 113A-57(1)).
[NCGS 113A- 57, 15A NCAC 04b .0124, .0125]
SECTION E: GROUND STABILIZATION
1. Ground Stabilization Timelines
Ground stabilization shall be achieved on any area of a site where land disturbing activities have
ceased within the timeframes listed in Table 3 below. It is recommended to stabilize the ground
more quickly if practicable. Extensions of time may be approved by the E&SC plan authority based
on weather or other site-specific conditions that make compliance impracticable. Portions of a site
that are lower in elevation and not expected to discharge during construction may be exempt from
the temporary ground cover requirements if identified on the E&SC plan and approved by the E&SC
plan authority.
[NCGS 113A- 57]
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Permit No.NCG010000-DRAFT
Table 3: Required Ground Stabilization Timeframes
Stabilize within
Site Area this many calendar
Timeframe Variations
Description days after ceasing
land disturbance
(a) Perimeter dikes, 7 None
swales,ditches,and
perimeter slopes
7 None
(b) High Quality Water
HQ Zones
r\\\" 7 • If slopes are 10'or less in length and are not
(c) Slopes steeper than steeper than 2:1,14 days are allowed
3:1
• 7 days for slopes greater than 50'in length
and with slopes steeper than 4:1
14 • 7 days for perimeter dikes,swales,ditches,
(d) Slopes 3:1 to 4:1 perimeter slopes,and HQW Zones
• 10 days for the Falls Lake Watershed
• 7 days for perimeter dikes,swales,ditches,
14 perimeter slopes,and HQW Zones
(e)Areas with slopes • 10 days for the Falls Lake Watershed unless
flatter than 4:1 there is zero slope.
2. Permanent Ground Stabilization Timeline
After the permanent cessation of construction activities,any areas with temporary ground
stabilization shall be converted to permanent ground stabilization as soon as practicable but in no
case longer than 90 calendar days after the last land disturbing activity. Temporary ground
stabilization shall be maintained in a manner to render the surface stable against accelerated
erosion until permanent ground stabilization is achieved. [NCGS 113A-57]
SECTION F: MATERIALS HANDLING
Any structural controls installed to manage construction materials stored or used on site shall be
included in the field copy of the E&SC plan. Requirements for handling materials on construction
sites shall be as follows:
1. Polyacrylamides (PAMS) and Flocculants
Polyacrylamides (PAMS) and flocculants shall be:
(a) stored in leak-proof containers that are kept under storm-resistant cover or surrounded by
secondary containment structures designed to protect adjacent surface waters,
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Permit No.NCGO10000-DRAFT
(b) selected from the NC DWR List ofApproved PAMS/Flocculants list,available at:
https:1/files.nc.gov/ncdeglWater%20Quality_/Environmental%20Sciences/ATU/Approved
PAMS4 1 2017.pdf,and
(c) used at the concentrations specified in the NC DWR List ofApproved PAMS/Flocculants and
in accordance with the manufacturer's instructions.
(40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)]
2. Equipment Fluids
(a) Fuels,lubricants,coolants,and hydraulic fluids,and other petroleum products shall be
handled and disposed of in a manner so as not to enter surface or ground waters and in
accordance with applicable state and federal regulations. Equipment used on the site must
be operated and maintained properly to prevent discharge of fluids.
(b) Equipment, vehicle,and other wash waters shall not be treated in a sediment basin or
sediment trap. Alternative controls should be provided such that there is no discharge of
soaps,solvents,or detergents. [40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)]
3. Waste Materials
(a) Building material and land clearing waste shall be disposed of in accordance with North
Carolina General Statutes,Chapter 130A,Article 9 - Solid Waste Management,and rules
governing the disposal of solid waste(15A NCAC 1313). Waste containers and areas
dedicated for managing building material and land clearing waste shall be at least 50 feet
away from storm drain inlets and surface waters unless it can be shown that no other
alternatives are reasonably available.
(b) Paint and other liquid building material waste shall not be dumped into storm drains.
Locate paint washouts at least 50 feet away from storm drain inlets unless there is no
alternative. Other options are to install lined washouts to use portable,removable bags or
bins. [40 CFR 122.44(k);15A NCAC 02H.0143(a)(25)]
(c) Hazardous or toxic waste shall be managed in accordance with the federal Resource
Conservation and Recovery Act(RCRA) and NC Hazardous Waste Rules at 15A NCAC,
Subchapter 13A.
(d) Litter and sanitary waste shall be managed in a manner to prevent it from entering waters
and shall be disposed of offsite. [40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)]
4. Herbicide, Pesticide,and Rodenticides
Herbicide,pesticide,and rodenticides shall be stored and applied in accordance with the
Federal Insecticide, Fungicide,and Rodenticide Act and label restrictions.
5. Concrete Materials
Concrete materials onsite,including excess concrete,shall be controlled and managed to avoid
contact with surface waters,wetlands or buffers. No concrete or cement slurry shall be
discharged from the site. Locate concrete washouts at least 50 feet away from storm drain
inlets unless there is no alternative. (Note that discharges from onsite concrete plants require
coverage under a separate NPDES permit- NCG140000.) Any hardened concrete residue will
be disposed of,or recycled on site, in accordance with local and state solid waste regulations.
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Permit No.NCG010000-DRAFT
6. Earthen Material Stock Piles
Earthen material stock piles shall be located at least 50 feet away from storm drain inlets and
surface waters unless no other alternatives are reasonably available. [40 CFR 122.44(k); 15A
NCAC 02H.0143(a)(25)J
SECTION G: OPERATION AND MAINTENANCE
1. Modifications to the E&SC Plan
Modifications to the approved E&SC plan that require changes to the E&SC measure designs,
the drainage areas, or the disturbed areas draining to E&SC measures shall be approved by
the E&SC plan authority. Deviations from the approved E&SC plan,or approved revised
E&SC plan,shall constitute a violation of this permit unless the deviation is to correct an
emergency situation where sediment is being discharged off the site. The E&SC plan
authority may allow deviations from the E&SC plan on a case-by-case basis if the deviations
are minor adjustments to address minor deficiencies. Minor adjustments shall be noted on
the approved E&SC plan and maintained at the job site.
[113A-54.1, 15A NCAC 04B.01181
2. Operation and Maintenance
The permittee shall install and maintain all temporary and permanent E&SC measures as
required by this permit and the approved E&SC plan.
(15A NCAC 04B.01131
3. Corrective Actions
If self-inspections required by this permit identify a need for maintenance of control measures,
modifications or additions to control measures,or corrective actions to control sediment or
other pollutants,these actions shall be performed as soon as possible considering adverse
weather and site conditions.
[113A-61.1, 15A NCAC 04B.01311
4. Maintenance of Sediment Basins
Sediment basins and traps that receive runoff from drainage areas of one acre or more shall
use outlet structures that withdraw water from the surface when these devices need to be
drawn down for maintenance or close out unless this is infeasible. The circumstances in
which it is not feasible to withdraw water from the surface shall be rare (for example,times
with extended cold weather). Non-surface withdrawals from sediment basins shall be
allowed only when all of the following criteria have been met:
(a) The E&SC Plan authority has been provided with documentation of the non-surface
withdrawal and the specific time periods or conditions in which it will occur. The non-
surface withdrawal shall not commence until the E&SC plan authority has approved these
items,
(b) The non-surface withdrawal has been reported as an anticipated bypass in accordance with
Part III,Section C,Item (2)(c) and (d) of this permit,
(c) Dewatering discharges are treated with controls to minimize discharges of pollutants from
stormwater that is removed from the sediment basin. Examples of appropriate controls
include properly sited,designed and maintained dewatering tanks,weir tanks,and filtration
systems,
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Permit No.NCGO10000-DRAFT
(d) Vegetated,upland areas of the sites or a properly designed stone pad is used to the extent
feasible at the outlet of the dewatering treatment devices described in Item(c) above,
(e) Velocity dissipation devices such as check dams,sediment traps,and riprap are provided at
the discharge points of all dewatering devices,and
(f) Sediment removed from dewatering treatment devices described in Item(c) above is
disposed of in a manner that does not cause deposition of sediment into waters of the
United States.
(40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)]
5. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff,secondary
containment is required for: bulk storage of liquid materials including petroleum products;
storage in any amount of water priority chemicals listed in Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA); and storage of hazardous
substances in any amount.
For facilities subject to the federal Spill Prevention,Control,and Countermeasure (SPCC)
regulation,the SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary
containment systems:
(b) Manually activate valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to the stormwater
conveyance system;
(c) A commitment to visually observe any accumulated stormwater prior to release for
color,foam,outfall staining,visible sheens,and dry weather flow;
(d) A commitment to only release accumulated stormwater that is uncontaminated by any
material; and
(e) Records on every release from a secondary containment system that include: the
individual making the observation,a description of the accumulated stormwater,and
the date and time of the release. These records shall be kept for a period of five (5)
years.
(40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)]
6. Bypass of E&SC Measures
Diversions of stormwater from E&SC measures when the design storm has not been exceeded
are not allowed. Bypasses of E&SC measures shall be reported in accordance with Part III,
Section C,Item (2)(c) and (d) of this permit.
[40 CFR 122.41(m), 122.44(k); 15A NCAC 02H.0143(a)(22), (25)]
7. Unavoidable Bypass for Public Safety
A bypass may be allowed by the Director if the Director determines that all of the following
conditions were met:
(a) The bypass is unavoidable to prevent loss of life,personal injury or severe property
damage,
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Permit No.NCG010000-DRAFT
(b) There were no feasible alternatives to the bypass,such as the use of auxiliary control
facilities,retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgement to
prevent a bypass which occurred during normal periods of equipment downtime or
preventative maintenance,and
(c) the permittee submitted a notice of the bypass per the record-keeping requirements in
Part III,Section C,Item (2)(c) and (d) of this permit.
[40 CFR 122.41(m), 122.44(k);15A NCAC 02H.0143(a)(22), (25)]
8. Upset of E&SC Measures
Diversions of stormwater from E&SC measures may be considered as an upset if the
permittee can demonstrate that all of the following conditions have been met. In any
enforcement proceeding,the permittee seeking to establish the occurrence of an upset has
the burden of proof.
(a) The permittee submitted notice of the upset as required in this general permit and
identifies the cause(s) of the upset.
(b) The permittee demonstrates that the upset was not caused by operational error,
improperly designed treatment or control facilities,lack of preventive maintenance,or
careless or improper operation.
(c) The permittee agrees to take remedial measures if necessary.
(40 CFR 122.41(n), 122.44(k), 15A NCAC 02H.0143(a)(22), (25)]
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Permit No.NCG010000-DRAFT
PART III
SELF-INSPECTION, RECORDKEEPING AND REPORTING
SECTION A: SELF-INSPECTIONS
Self-inspections are required during normal business hours in accordance with the table below.
When adverse weather or site conditions would cause the safety of the inspection personnel to be
in jeopardy,the inspection may be delayed until the next business day on which it is safe to perform
the inspection. In addition,when a storm event of equal to or greater than 1.0 inch occurs outside
of normal business hours,the self-inspection shall be performed upon the commencement of the
next business day. Any time when inspections were delayed shall be noted in the Inspection
Record.
Table 4: Self-Inspection Requirements
Frequency
Inspect (during Inspection records must include:
normal
business
hours
(1) Onsite Daily Daily rainfall amounts.
rain gauge If no daily rain gauge observations are made during weekend
maintained in or holiday periods, and no individual-day rainfall
good working information is available, record the cumulative rain
order measurement for those un-attended days (and this will
determine if a site inspection is needed). Days on which no
rainfall occurred shall be recorded as"zero." The permittee
may use another onsite rain-monitoring device approved by
the Division.
(2) E&SC At least once 1. Identification of the measures inspected,
Measures per 7 calendar 2. Date and time of the inspection,
days and within 3. Name of the person performing the inspection,
24 hours of a 4. Indication of whether the measures were operating
rain event> 1.0 properly,
inch in 24 5. Description of maintenance needs for the measure,
hours 6. Description,evidence,and date of corrective actions
taken.
(3) At least once 1. Identification of the discharge outfalls inspected,
Stormwater per 7 calendar 2. Date and time of the inspection,
discharge days and within 3. Name of the person performing the inspection,
outfalls 24 hours of a 4. Evidence of indicators of stormwater pollution such as
(SDOs) rain event> 1.0 oil sheen,floating or suspended solids or discoloration,
inch in 24 5. Indication of visible sediment leaving the site,
hours 6. Description,evidence,and date of corrective actions
taken.
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Permit No.NCG010000-DRAFT
(4) Perimeter At least once If visible sedimentation is found outside site limits,then a
of site per 7 calendar record of the following shall be made:
days and within 1. Actions taken to clean up or stabilize the sediment that
24 hours of a has left the site limits,
rain event> 1.0 2. Description,evidence,and date of corrective actions
inch in 24 taken,and
hours 3. An explanation as to the actions taken to control future
releases.
(5) Streams At least once If the stream or wetland has increased visible
or wetlands per 7 calendar sedimentation or a stream has visible increased turbidity
onsite or days and within from the construction activity,then a record of the
offsite (where 24 hours of a following shall be made:
accessible) rain event> 1.0 1. Description,evidence and date of corrective actions
inch in 24 taken,and
hours 2. Records of the required reports to the appropriate
Division Regional Office per Part III,Section C,Item
2 a of this permit of this permit.
(6) Ground After each 1. The phase of grading(installation of perimeter E&SC
stabilization phase of measures,clearing and grubbing,installation of
measures grading storm drainage facilities,completion of all land-
disturbing activity,construction or redevelopment,
permanent ground cover).
2. Documentation that the required ground
stabilization measures have been provided within
the required timeframe or an assurance that they will
be provided as soon as possible.
NOTE: The rain inspection resets the required 7 calendar day inspection requirement.
[113A- 61.1, 15A NCAC 04B. 0131]
SECTION B: RECORDKEEPING
1. E&SC Plan Documentation
The approved E&SC plan as well as any approved deviation shall be kept on the site. The
approved E&SC plan must be kept up-to-date throughout the coverage under this permit.
The items listed in Table 5 pertaining to the E&SC plan shall be kept on site and available for
inspection at all times during normal business hours.
Table 5: Recordkeeping Requirements
Item to Document Documentation Requirements
(a) Each E&SC measure has been installed Initial and date each E&SC measure on a copy of
and does not significantly deviate from the the approved E&SC plan or complete,date and
locations,dimensions and relative sign an inspection report that lists each E&SC
elevations shown on the approved E&SC measure shown on the approved E&SC plan.
plan. This documentation is required upon the initial
installation of the E&SC measures or if the E&SC
measures are modified after initial installation.
(b) A phase of grading has been Initial and date a copy of the approved E&SC
completed. plan or complete,date and sign an inspection
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Permit No.NCGO10000-DRAFT
report to indicate completion of the
construction phase.
(c) Ground cover is located and Initial and date a copy of the approved E&SC
installed in accordance with the plan or complete,date and sign an inspection
approved E&SC Plan. report to indicate compliance with approved
ground cover specifications.
(d) The maintenance and repair Complete,date and sign an inspection report.
requirements for all E&SC measures
have been performed.
(e) Corrective actions have been Initial and date a copy of the approved E&SC
taken to E&SC measures. plan or complete,date and sign an inspection
report to indicate the completion of the
corrective action.
[113A - 61.1, 15A NCAC 04B. 0131]
2. Additional Documentation to be Kept on Site
In addition to the E&SC plan documents above,the following items shall be kept on the site and
available for inspections at all times during normal business hours,unless the Division provides
a site-specific exemption based on unique site conditions that make this requirement not
practical:
(a) This General Permit as well as the Certificate of Coverage,after it is received.
(b) Records of inspections made during the previous twelve months. The permittee shall
record the required observations on the Inspection Record Form provided by the Division
or a similar inspection form that includes all the required elements.Use of electronically-
available records in lieu of the required paper copies will be allowed if shown to provide
equal access and utility as the hard-copy records
[113A- 61.1, 15A NCAC 04B. 0131]
3. Documentation to be Retained for Three Years
All data used to complete the e-NOI and all inspection records shall be maintained for a period
of three years after project completion and made available upon request. [40 CFR 122.41]
SECTION C: REPORTING
1. Occurrences that Must be Reported
Permittees shall report the following occurrences:
(a) Visible sediment deposition in a stream or wetland.
(b) Oil spills if:
• They are 25 gallons or more,
• They are less than 25 gallons but cannot be cleaned up within 24 hours,
• They cause sheen on surface waters (regardless of volume),or
• They are within 100 feet of surface waters (regardless of volume).
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Permit No.NCG010000-DRAFT
(c) Releases of hazardous substances in excess of reportable quantities under Section 311 of
the Clean Water Act Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA(Ref:40
CFR 302.4) or G.S. 143-215.85.
(d) Anticipated bypasses and unanticipated bypasses.
(e) Noncompliance with the conditions of this permit that may endanger health or the
environment.
2. Reporting Timeframes and Other Requirements
After a permittee becomes aware of an occurrence that must be reported,he shall contact the
appropriate Division regional office within the timeframes and in accordance with the other
requirements listed in Table 6 below. Occurrences outside normal business hours may also be
reported to the Department's Environmental Emergency Center personnel at(800) 858-0368.
Table 6: Reporting Requirements
Occurrence Reporting Timeframes After Discover and Other Requirements
(a) Visible • Within 24 hours,an oral or electronic notification.
sediment . Within 7 calendar days,a report that contains a description of the
deposition in a sediment and actions taken to address the cause of the deposition.
stream or wetland Division staff may waive the requirement for a written report on a
case-by-case basis.
• If the stream is named on the NC 303(d) list as impaired for sediment-
related causes,the permittee may be required to perform additional
monitoring,inspections or apply more stringent practices if staff
determine that additional requirements are needed to assure
compliance with the federal or state impaired-waters conditions.
(b) Oil spills and • Within 24 hours,an oral or electronic notification. The notification
release of shall include information about the date,time,nature,volume and
hazardous location of the spill or release.
substances per
Item 1(b)-(c)
above
(c) Anticipated . A report at least ten days before the date of the bypass,if
bypasses [40 CFR possible. The report shall include an evaluation of the anticipated
122.41(m)(3)] quality and effect of the bypass.
(d) Unanticipated • Within 24 hours,an oral or electronic notification.
bypasses [40 CFR . Within 7 calendar days, a report that includes an evaluation of the
122.41(m)(3)] quality and effect of the bypass.
(e) Noncompliance . Within 24 hours,an oral or electronic notification.
with the . Within 7 calendar days,a report that contains a description of the
conditions of this noncompliance,and its causes;the period of noncompliance,
permit that may including exact dates and times,and if the noncompliance has not
endanger health or been corrected,the anticipated time noncompliance is expected to
the continue; and steps taken or planned to reduce,eliminate,and
environment[40 prevent reoccurrence of the noncompliance. [40 CFR 122.41(1)(6).
CFR 122.41(1)(7)] . Division staff may waive the requirement for a written report on a
case-by-case basis.
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Permit No.NCG010000-DRAFT
PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
1. Continuation of Previously Permitted Projects
Projects and their corresponding activities permitted under the previous version of the NC
general permit for construction activities will automatically be considered covered under this
general permit without the submittal of a Notice of Intent form
2. Projects Submitted Prior to this Permit's Effective Date
Complete project applications that were received prior to the effective date of this permit,but
not approved by the E&SC plan authority until after approval of this NPDES permit, can rely on
design and management practices effective at the time of application submittal.
3. Duty to Comply
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act(CWA) and is grounds for
enforcement action; for permit termination,revocation and reissuance,or modification; or
denial of a permit upon renewal application. [40 CFR 122.41]
(a) The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations that
establish these standards or prohibitions,even if the general permit has not yet been
modified to incorporate the requirement. [40 CFR 122.41]
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308,318 or
405 of the Act,or any permit condition or limitation implementing any such sections in a
permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act,is subject to a civil penalty not
to exceed$37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)]
(c) The CWA provides that any person who negligently violates sections 301, 302,306, 307,
308, 318,or 405 of the Act,or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act,or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act,is
subject to criminal penalties of$2,500 to $25,000 per day of violation,or imprisonment of
not more than 1 year,or both. In the case of a second or subsequent conviction for a
negligent violation,a person shall be subject to criminal penalties of not more than
$50,000 per day of violation,or by imprisonment of not more than 2 years,or both. [33
USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
(d) Any person who knowingly violates such sections,or such conditions or limitations is
subject to criminal penalties of$5,000 to $50,000 per day of violation,or imprisonment
for not more than 3 years,or both. In the case of a second or subsequent conviction for a
knowing violation,a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years,or both. [33 USC
1319(c)(2) and 40 CFR 122.41(a)(2)]
(e) Any person who knowingly violates section 301, 302, 303,306, 307, 308, 318 or 405 of the
Act,or any permit condition or limitation implementing any of such sections in a permit
issued under section 402 of the Act,and who knows at that time that he thereby places
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Permit No.NCG010000-DRAFT
another person in imminent danger of death or serious bodily injury,shall,upon
conviction,be subject to a fine of not more than$250,000 or imprisonment of not more
than 15 years,or both.In the case of a second or subsequent conviction for a knowing
endangerment violation,a person shall be subject to a fine of not more than$500,000 or
by imprisonment of not more than 30 years,or both.An organization,as defined in
section 309(c)(3)(B)(iii) of the CWA,shall,upon conviction of violating the imminent
danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
(f) Under state law,a civil penalty of not more than$25,000 per violation may be assessed
against any person who violates or fails to act in accordance with the terms,conditions,or
requirements of a permit. [North Carolina General Statutes§ 143-215.6A]
(g) Any person may be assessed an administrative penalty by the Administrator for violating
section 301,302,306,307,308,318 or 405 of this Act,or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of this
Act.Administrative penalties for Class I violations are not to exceed$20,628 per violation,
with the maximum amount of any Class I penalty assessed not to exceed$51,570.
Penalties for Class II violations are not to exceed$20,628 per day for each day during
which the violation continues,with the maximum amount of any Class II penalty not to
exceed$257,848. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]
4. Non-Stormwater Discharges
If a storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge,the permittee shall separately monitor all parameters as required under
all other applicable discharge permits and provide this information with the stormwater
discharge monitoring report. [40 CFR 122.26]
S. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et.seq,the Water and Air Quality Reporting Acts,and to
regulations published pursuant to Section 304(g), 33 USC 1314,of the Federal Water Pollution
Control Act,as Amended,and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this general permit,all test procedures must
produce minimum detection and reporting levels and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods
are determined capable of achieving minimum detection and reporting levels below general
permit discharge requirements,then the most sensitive (method with the lowest possible
detection and reporting level) approved method must be used.
6. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation
of this general permit which has a reasonable likelihood of adversely affecting human health or
the environment. [40 CFR 122.41(d)]
Page 24 of 35

Permit No.NCGO10000-DRAFT
7. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this general permit. [40 CFR 122.41(c)]
8. Civil and Criminal Liability
Except as provided in Part II, Section B of this general permit regarding bypassing of
stormwater control facilities,nothing in this permit shall be construed to relieve the permittee
from any responsibilities,liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,
143-215.6A, 143-215.613, 143-215.6C,or Section 309 of the Federal Act, 33 USC 1319.
Furthermore,the permittee is responsible for consequential damages,such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
9. Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal action
or relieve the permittee from any responsibilities,liabilities, or penalties to which the permittee
is or may be subject to under NCGS 143-215.75 et seq.or Section 311 of the Federal Act, 33 USC
1321.
10. Property Rights
The issuance of this general permit does not convey any property rights in either real or
personal property,or any exclusive privileges,nor does it authorize any injury to private
property or any invasion of personal rights,nor any infringement of Federal, State or local laws
or regulations [40 CFR 122.41(g)].
11. Severability
The provisions of this general permit are severable,and if any provision of this general permit,
or the application of any provision of this general permit to any circumstances,is held invalid,
the application of such provision to other circumstances,and the remainder of this general
permit,shall not be affected thereby [NCGS 15013-23].
12. Duty to Provide Information
The permittee shall furnish to the Division,within a reasonable time,any information which the
Division may request to determine whether cause exists for modifying,revoking and reissuing,
or terminating the general permit issued pursuant to this general permit or to determine
compliance with this general permit. The permittee shall also furnish to the Division upon
request,copies of records required to be kept by this general permit [40 CFR 122.41(h)].
13. Inspection and Entry
The permittee shall allow the Director,an authorized representative (including an authorized
contractor acting as a representative of the Director),or an authorized representative of a
municipal operator or the separate storm sewer system receiving the discharge (if applicable),
upon the presentation of credentials and other documents as may be required by law,to:
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this general permit;
(b) Have access to and copy,at reasonable times,any records that must be kept under the
conditions of this general permit;
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Permit No.NCG010000-DRAFT
(c) Inspect at reasonable times any facilities,equipment(including monitoring and control
equipment),practices,or operations regulated or required under this general permit;and
(d) Sample or monitor at reasonable times,for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act,any substances or parameters at any
location. [40 CFR 122.41(i)]
14. Penalties for Tampering
The Clean Water Act provides that any person who falsifies,tampers with,or knowingly
renders inaccurate,any monitoring device or method required to be maintained under this
general permit shall,upon conviction,be punished by a fine of not more than$10,000 per
violation,or by imprisonment for not more than two years per violation,or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under
this paragraph,punishment is a fine of not more than$20,000 per day of violation,or by
imprisonment of not more than 4 years,or both [40 CFR 122.411.
15. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation,or certification in any record or other document submitted or required to be
maintained under this general permit,including monitoring reports or reports of compliance or
noncompliance shall,upon conviction,be punished by a fine of not more than$10,000 per
violation,or by imprisonment for not more than two years per violation,or by both [40 CFR
122.41].
16. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
17. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent(NOI) or
renewal request unless so directed by the Division. If the Division chooses not to renew this
general permit,the permittee will be notified to submit an application for an individual permit.
[15A NCAC 02H .0127(e)]
18. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged
[40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically
listed in the general permit or subject to notification requirements under 40 CFR Part 122.42
(a).
19.Anticipated Noncompliance
The permittee shall give advanced notice to the Director of any planned changes at the
permitted facility which may result in noncompliance with the general permit. [40 CFR
122.41(1)(2)]
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Permit No.NCG010000-DRAFT
SECTION B: PERMIT ADMINISTRATION
1. General Permit Expiration
General permits will be effective for a term not to exceed five years,at the end of which the
Division may renew them after all public notice requirements have been satisfied. If a general
permit is renewed,existing permittees do not need to submit a renewal request or pay a
renewal fee unless directed by the Division. New applicants seeking coverage under a renewed
general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage
under the renewed general permit. [15A NCAC 0 2 H .0127(e)]
2. Transfers
This general permit is not transferable to any person without prior written notice to and
approval from the Director in accordance with 40 CFR 122.61.The Director may condition
approval in accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4) b.2.,and may
require modification or revocation and reissuance of the Certificate of Coverage,or a minor
modification,to identify the new permittee and incorporate such other requirements as may be
necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is
required to notify the Division in writing in the event the permitted facility is sold or
closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this general permit to apply for and obtain an individual permit or
an alternative general permit. Any interested person may petition the Director to take action
under this paragraph. [15A NCAC 02H .0127(i)-(j)] Cases where an individual permit maybe
required include,but are not limited to,the following:
(a) The discharger is a significant contributor of pollutants;
(b) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection;
(c) Conditions at the permitted site change,altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a general permit;
(d) The discharge violates the terms or conditions of this general permit;
(e) A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
(f) Effluent limitations are promulgated for the point sources covered by this general permit;
(g) A water quality management plan containing requirements applicable to such point
sources is approved after the issuance of this general permit;
(h) The Director determines at his or her own discretion that an individual permit is required.
4. When an Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is automatically
terminated on the effective date of the individual permit. [15A NCAC 02H .0127(h)]
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Permit No.NCGO10000-DRAFT
S. Impacts or Potential Impacts to Surface Waters or Wetlands
If evidence indicates that the stormwater discharges from the site are impacting or have the
potential to impact surface waters or wetlands,then the Division may take appropriate
actions including any or all of the following:
a) take compliance and enforcement action;
b) require the permittee to include and implement appropriate control and restoration
measures;
c) require the permittee to develop and implement additional site-specific stormwater
pollution prevention measures;
d) require the permittee to obtain an individual permit.
6. Signatory Requirements
All applications,reports, or information submitted to the Permitting Issuing Authority shall be
signed and certified. [40 CFR 122.41(k)]
(a) All Notices of Intent to be covered under this general permit shall be signed as follows:
• For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president,secretary,treasurer or vice
president of the corporation in charge of a principal business function,or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing,production,or operating facilities,
provided,the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment recommendations,and initiating and directing other
comprehensive measures to assure long term environmental compliance with
environmental laws and regulations;the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate information
for permit application requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
• For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
• For a municipality,State,Federal,or other public agency: by either a principal
executive officer or ranking elected official. [40 CFR 122.22]
(b) All reports required by the general permit and other information requested by the Director
shall be signed by a person described in paragraph a.above or by a duly authorized
representative of that person.A person is a duly authorized representative only if:
• The authorization is made in writing by a person described above;
• The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity,such as the position of plant
manager,operator of a well or well field,superintendent,a position of equivalent
responsibility,or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus
be either a named individual or any individual occupying a named position.); and
• The written authorization is submitted to the Director. [40 CFR 122.22]
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Permit No.NCGO10000-DRAFT
(c) If an authorization under paragraph (b) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility,a
new authorization satisfying the requirements of paragraph (b) of this section must be
submitted to the Director prior to or together with any reports,information,or
applications to be signed by an authorized representative. [40 CFR 122.22]
(d) Any person signing a document under paragraphs a.or b.of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete.I am aware that there are
significant penalties for submitting false information,including the possibility of fine
and imprisonmentfor knowing violations."
7. General Permit Modification,Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Division from reopening and
modifying the general permit,revoking and reissuing the general permit, or terminating the
general permit as allowed by the laws,rules,and regulations contained in Title 40, Code of
Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.
After public notice and opportunity for a hearing,the general permit may be terminated for
cause. The filing of a request for a general permit modification,revocation and reissuance, or
termination does not stay any general permit condition. The Certificate of Coverage shall
expire when the general permit is terminated.
8. Certificate of Coverage Actions
The general permit may be modified,revoked and reissued,or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any general permit
condition [40 CFR 122.41(f)].
9. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in accordance
with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage
under the general permit.
10.Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318,all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division. As required by the Act,analytical
data shall not be considered confidential. Knowingly making any false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or
in Section 309 of the Federal Act.
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Permit No.NCG010000-DRAFT
11. Omissions
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of
Intent to be covered under this general permit,or submitted incorrect information in that
Notice of Intent application or in any report to the Director,it shall promptly submit such facts
or information. [40 CFR 122.41(1)(8)]
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Permit No.NCG010000-DRAFT
PART V DEFINITIONS
1. Act
See Clean Water Act.
2. Adverse Weather
Climate conditions that are dangerous or create inaccessibility for personnel,such as local
flooding,high winds, electrical storms,winter weather conditions,or situations that otherwise
make inspections impractical.When adverse weather or site conditions prevent or restrict
access to complete a regular or rain event inspection,this should be clearly documented on the
next issued report. Documentation should include the inspector's name,the date and time,and
a written narrative of the adverse weather or site condition.Adverse weather or site conditions
do not exempt the permittee from having to file an inspection report in accordance with Section
II.B of this permit.
3. Allowable Non-Stormwater Discharges
This general permit regulates stormwater discharges. Non-stormwater discharges which shall
be allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater,foundation drains,air-conditioner condensate without
added chemicals,springs,discharges of uncontaminated potable water,waterline and fire
hydrant flushings,water from footing drains,and irrigation waters,flows that do not result
in a water quality standards violation.
(c) Discharges resulting from fire-fighting,or emergency shower or eye wash as a result of
use in the event of an emergency.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs
may take the form of a process,activity, or physical structure
5. Bulk Storage of Liquid Materials
Liquid raw materials,in-process liquids and reactants,manufactured products,waste materials
or by-products contained in a single above ground container,tank or vessel having capacity of
greater than 660 gallons or contained in multiple above ground containers,tanks or vessels
located in close proximity to each other having a total combined capacity of greater than 1320
gallons.
6. Bypass
The known diversion of stormwater from any portion of a stormwater control facility including
the collection system,which is not a designed or established operating mode for the facility.
7. Certificate of Coverage
The cover sheet that accompanies a general permit upon issuance and lists the facility name,
location,receiving stream,river basin, effective date of coverage under the general permit and
is signed by the Director.
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Permit No.NCGO10000-DRAFT
8. Clean Water Act
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as
amended,33 USC 1251, et.seq.
9. Common Plan of Development
A contiguous area where multiple separate and distinct land disturbing activities may be taking
place at different times and on different schedules under one common plan. The"common
plan" of development or sale is broadly defined as any announcement or piece of
documentation (including a sign,public notice or hearing,sales pitch,advertisement, drawing,
permit application,zoning request,computer design,etc.) or physical demarcation (including
boundary signs,lot stakes,surveyor markings, etc.) indicating construction activities are
planned to occur on a specific plot regardless of ownership of the parcels..
10. Concrete Washout
Wastewater resulting from the washing of equipment such as trucks,chutes,hoses,mixers,
hoppers,wheelbarrows,and tools that are used to produce,handle,or store concrete and other
cementitious materials such as mortar,plaster,stucco,or grout.
11. Control Measure
Any BMP or other structural or non-structural practice or procedure used to prevent or
reduce the discharge of pollutants including practices to control erosion and sedimentation.
12. Division or DEMLR
The Division of Energy,Mineral,and Land Resources of the NC Department of Environmental
Quality(DEQ).
13. Director
The Director of the Division of Energy, Mineral,and Land Resources of the NC Department of
Environmental Quality(DEQ).
14. EMC
The North Carolina Environmental Management Commission.
15. Erosion and Sedimentation Control (E&SC) Plan
A plan developed in compliance with the North Carolina Sedimentation Pollution Control
Act of 1973 in G.S. 113A-50 et seq.to prevent sediment resulting from accelerated erosion
from being transported off the site of the land-disturbing activity or in waters.
16. Erosion and Sedimentation Control (E&SC) Plan Authority
The entity responsible for reviewing and approving the Erosion and Sediment Control Plan.
Within some local governments'jurisdictions,this will be a delegated program. Elsewhere,
it will be the Division.
17. Erosion and Sediment Control (E&SC) Measure
Temporary and permanent practices and devices to prevent sediment resulting from
accelerated erosion from being transported off the site of the land-disturbing activity or in
waters of the State of North Carolina. E&SC measures, include, but are not limited to,
sedimentation traps, sedimentation ponds, rock dams, temporary diversions, temporary
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Permit No.NCGO10000-DRAFT
slope drains,rock check dams,sediment fence or barriers,all forms of inlet protection,storm
drainage facilities,energy dissipaters and stabilization methods of open channels.
18. Ground Cover
Any vegetative growth or other material which,when applied to the soil surface,renders the
soil surface stable against accelerated erosion.
19. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water
Act.
20. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is
not a land treatment facility,a surface impoundment,an injection well,a hazardous waste long-
term storage facility or a surface storage facility.
21. Normal Business Hours
These are generally considered to be between the hours of 6 a.m.and 6 p.m.,or when workers
are normally present on the construction site.Weekends,state and federal holidays are not
considered normal business hours unless construction activities are taking place on the site
during those times.
22. Notice of Intent
The state application form which,when submitted to the Division,officially indicates the
facility's notice of intent to seek coverage under a general permit.
23. Permanent Stabilization
When all soil disturbing activity is completed and exposed soils have been stabilized with a
vegetative cover with a density of at least 80% or covered with a structural stabilization
method. Permanent perennial vegetation may include the use of sod,shrubs and ground cover
plants mixed with mulching,aggregate or other landscaping techniques. Structural methods
include concrete,asphalt,retaining wall or other stabilization techniques.
24. Permittee
The person,firm or organizational entity that signed as the financially responsible party on the
Erosion and Sedimentation Control Plan.
25. Point Source Discharge of Stormwater
Any discernible,confined and discrete conveyance including,but not specifically limited to,any
pipe,ditch,channel,tunnel, conduit,well,or discrete fissure from which stormwater associated
with industrial activity is or may be discharged to waters of the state.
26.Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure
plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
27. Section 313 Water Priority Chemical
A chemical or chemical category which:
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Permit No.NCGO10000-DRAFT
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act(SARA) of 1986,also titled the Emergency Planning
and Community Right-to-Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III,Section 313
reporting requirements;and
(c) Meets at least one of the following criteria:
• Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals,cyanides,and phenols) or Table IV (certain toxic pollutants
and hazardous substances);
• Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
• Is a pollutant for which EPA has published acute or chronic water quality criteria.
28. Soil Stabilization
The use of vegetative,physical or chemical coverage techniques that will restrain accelerated
erosion on disturbed soils for temporary or permanent control needs.
29. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible,confined,or discrete conveyance,
including but not limited to,storm sewer pipes,drainage ditches,channels,spillways, or
channelized collection areas,from which stormwater flows directly or indirectly into waters.
30. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
31. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing,processing or raw material storage areas at an
industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities
or activities excluded from the NPDES program.
32. Stormwater Pollution Prevention Plan (SWPPP)
The elements of the State's stormwater pollution prevention program that provide the
technology-based requirements designed to protect the state's waters from the adverse impacts
of sediments. In North Carolina,the SWPPP for construction activities includes the Erosion and
Sedimentation Control Plan, Ground Stabilization, Materials Handling,and Disturbed Area Limit
for Special and Threatened Waters.
33.Temporary Stabilization
When the establishment of ground cover over all disturbed areas (such as mulching,rolled
erosion control products,vegetation, or other material) renders the surface stable against
accelerated erosion. Stabilization shall be achieved with the establishment of a uniform and
evenly-distributed (i.e.,without large bare areas) ground cover with a cover density of at least
80%.
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Permit No.NCG010000-DRAFT
34.Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
35.Upset
An exceptional incident in which there is unintentional and temporary noncompliance with
technology-based permit effluent limitations because of factors beyond the reasonable control
of the permittee. An upset does not include noncompliance to the extent caused by operational
error,improperly designed treatment or control facilities,inadequate treatment or control
facilities,lack of preventive maintenance,or careless or improper operation.
36.Visible Sedimentation
Solid particulate matter,both mineral and organic,that has been or is being transported by
water,air,gravity,or ice from its site of origin that can be seen with the unaided eye.
37. 25-year,24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,
once in 25 years.
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