NCG250000_General Permit Final with Falls Lake_20240529

Permit No.NCG250000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES
GENERAL PERMIT NO.NCG250000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for:
Construction Activities that are not Subject to the North
Carolina Sedimentation Pollution Control Act of 1973
In compliance with the provisions of North Carolina General Statute(G.S.) 143-215.1, 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 (COC)
by the Environmental Management Commission to allow the discharge of stormwater to the
surface waters of North Carolina or to a separate storm sewer system conveying discharges
to surface waters in accordance with the terms and conditions set forth herein.
Coverage under General Permit No.NCG250000, hereafter referred to as NCG25,is
applicable to:
All owners or operators of stormwater discharges associated with construction activities
such as clearing,grading, and excavation that meet all of the following criteria:
• result in the disturbance of a land area greater than or equal to one acre, or that are
part of a con-mion plan of develop n-i en t of that size or greater;
• are not subject to North Carolina Sedimentation Pollution Control Act of 1973 (SPCA);
and
• are subject to the Clean Water Act(i.e.,activities that are not excluded under 40 CFR
1.22.3 and that meet the definition of a point source under 40 CFR 1.22.2).
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 June 1,2024.
9�
The General Permit shall expire at midnig March 31,20/29.
Signed this day May 29, 2024.
William E.Toby Vinson,Jr.,PE, CPM,fl eitim Director
Director,Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
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Permit No.NCG250000
TABLE OF CONTENTS
PART I NCG25 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
S. 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
S. 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.NCG250000
4. Herbicide,Pesticide,and Rodenticides
S. 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
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
S. Test Procedures
6. Duty to Mitigate
7. Need to Halt or Reduce Not a Defense
8. Civil and Criminal Liability
9. Oil and Hazardous Substance Liability
10. Property Rights
11. Severability
12. Duty to Provide Information
13. Inspection and Entry
14. Penalties for Tampering
15. Penalties for Falsification of Reports
16. Onshore or Offshore Construction
17. Duty to Reapply
18. Planned Changes
19. Anticipated Noncompliance
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Permit No.NCG250000
Section B: Permit Administration
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
S. Impacts or Potential Impacts to Surface Waters or Wetlands
6. Signatory Requirements
7. General Permit Modification,Revocation and Reissuance,or
Termination
8. Certificate of Coverage Actions
9. Annual Administering and Compliance Monitoring Fee Requirements
10. Availability of Reports
11. Omissions
PART V DEFINITIONS
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Permit No. NCG250000
PART I- NCG25 PERMIT COVERAGE
This permit applies to all owners or operators of stormwater discharges associated
with construction activities such as clearing,grading,and excavation that meet all of
the following criteria:
• result in the disturbance of a land area greater than or equal to one acre,
or that are part of a common plan of development of that size or greater;
• are not subject to the North Carolina Sedimentation Pollution Control Act of 1973
(SPCA);and
• are subject to the Clean Water Act(i.e.,activities that are not excluded under
40 CFR 122.3 and that meet the definition of a point source under 40 CFR
122.2).
This permit may also be issued to stormwater discharges from like activities deemed
by the Division of Energy, Mineral,and Land Resources (DEM LR) 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. [40 CFR 122.26 Cb)C15)]
The NCG25 -Stormwater Pollution Prevention Plan 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. [15A NCAC 02H.0126]
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 ESC plan),and 15A NCAC 0413.0101-
.0132. The North Carolina Erosion and Sediment Control Planning and Design Manual shall
be used as guidance in meeting the applicable requirements. [15A NCAC 02H.0126,40 CFR
122.26 (b)(15)]
2. Obtain approval of the E&SC plan by DEMLR. [15A NCAC 02H.0126]
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 athttps://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. [15A NCAC 02H.0126,.0127]
S. Abide by the conditions of both the NCG25 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. [15A NCAC 02H.0126]
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Permit No. NCG250000
6. Contact the entity who approved the E&SC plan,after construction is complete and the site
is permanently stabilized for the final close out inspection of the E&SC plan. [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./NCG01. 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]
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.NCG250000
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
htt s://deo.nc.gov NCGO1.[15A NCAC 02H.0126]
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 02H.0126]
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
[15A NCAC 02H.0126]
2. Narrative and Construction Sequence
Narrative describing the nature&purpose of the construction activity
Construction sequence related to erosion and sediment control (including installation of
critical measures prior to the initiation of the land-disturbing activity&removal of
measures after areas they serve are permanently stabilized).Address all phases of
construction and necessary practices associated with temporary stream bypasses and/or
crossings
Estimated start and end dates
[15A NCAC 02H.0126]
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.NCG250000
• 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
[15A NCAC 02H.0126]
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
[15A NCAC 02H.0126]
S. 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.NCG250000
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.
[15A NCAC 02H .0126]
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
[15A NCAC 02H .0126]
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)
[15A NCAC 02H .0126]
8.Documentation
Properly executed 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
inforination are consislenl between the plan sheets,local records and this form.
Provide latitude&longitude (in decimal degrees) at the project entrance.
DWR Buffer Authorization, if required for project
Copies of any recorded easements and/or agreements with adjoining property owners for landlocked
parcels
[15A NCAC 02H .0126]
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Permit No. NCG250000
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.
[I5A NCAC 02H.0126]
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
[I5A NCAC 0211.0126]
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))
[15A NCAC 02H.0126]
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.
[15A NCAC 02H.0126]
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.
[I5A NCAC 02H.0126]
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.gov or
according to procedures adopted by any other agency of this state or the United States or any generally
recognized organization or association.
[15A NCAC 02H.0126]
7. Stormwater Conveyances
Any increase in stormwater runoff velocity resulting from a land-disturbing activity shall not result in
accelerated erosion of the receiving Stormwater conveyance during the 10-year storm or the 25-year
storm in HQW Zones and the Falls Lake Watershed. The following additional requirements apply to
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Permit No.NCG250000
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. [15A NCAC 02H.0126]
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. 15A NCAC 02H.01261
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. [15A NCAC 02H.0126]
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.
[15A NCAC 02H.0126]
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
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Permit No.NCG250000
than the 25-year storm.The Director may also include other conditions as necessary based on specific
site conditions.
[I5A NCAC 02H.01261
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.
[15A NCAC 02H.0126]
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.
[I5A NCAC 02H.0126]
SECTION D: CONSTRUCTION ACTIVITY BUFFERS
The requirements in Section D below shall not apply to a land-disturbing activity in connection with the
construction of facilities to be located on, over, or under a lake or natural watercourse (NCGS 113A-57).
1. Buffers in Non-Trout Waters
Unless wider buffers are required per NC rules or statutes,the width of the buffer shall be sufficient to
confine visible sedimentation to the 25 percent of the strip closest to the land-disturbing activity.
The width of a buffer adjacent to a non-trout water shall be measured from the edge of the water to the
nearest edge of the disturbed area.
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Permit No.NCG250000
Recommended buffer widths to achieve this standard are shown in Table 2 below.
Table 2: Recommended Buffer Widths
Slope of Buffer(0lo) 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)
[15A NCAC 02H.0126]
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)). [15A NCAC 02H.01261
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.
[15A NCAC 02H.0126]
Table 3: Required Ground Stabilization Timeframes
Stabilize within
Site Area this many calendar
Description days after ceasing Timeframe Variations
land disturbance
(a)Perimeter dikes, 7 None
swales,ditches,and
perimeter slopes
3.
7 None
(b) High Quality Water
HQ Zones
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Permit No.NCG250000
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.
[I5A NCAC 02H.0126]
SECTION F: MATERIALS HANDLING
Any structural controls installed to manage construction materials stored or used on site shall be included in
the field copy of the E&SC plan. Requirements for handling materials on construction sites shall be as
follows:
1. Polyacrylamides (PAMS)and Flocculants
Polyacrylamides (PAMS) and flocculants shall be:
(a) stored in leak-proof containers that are kept under storm-resistant cover or surrounded by
secondary containment structures designed to protect adjacent surface waters,
(b) selected from the NC DWR List ofApproved PAMS/Flocculants list,available at:
hops://wwv,,.deq.ne.Gov/about/divisions/water-resources/water-sciences/aquatic-toxicology-branch/aquatic-
toxicology-branch-downloads 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)]
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Permit No.NCG250000
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.
S. 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.
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)]
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.I5A NCAC 02H.0126]
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.
[I SA NCAC 02H.0126]
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Permit No.NCG250000
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 initiated as soon as possible considering adverse weather and site
conditions.
[15A NCAC 02H.0126]
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,
(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
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.
[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 111,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)]
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Permit No.NCG250000
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,
(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);1SA 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);1SA NCAC 02H.0143(a)(22), (25)]
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Permit No.NCG250000
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 S. 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 S. Indication of visible sediment leaving the site,
hours 6. Description,evidence,and date of corrective actions
taken.
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Permit No.NCG250000
(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.
[I SA NCAC 02H.0126]
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.
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Permit No.NCG250000
(b)A phase of grading has been completed. Initial and date a copy of the approved E&SC
plan or complete, date and sign an inspection
report to indicate completion of the
construction phase.
Cc)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 taken Initial and date a copy of the approved E&SC
to E&SC measures. plan or complete,date and sign an inspection
report to indicate the completion of the
corrective action.
[15A NCAC 02H.0126]]
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
[I5A NCAC 02H.0126]
3. Documentation to be Retained for Three Years
All data used to complete the e-NOI and all inspection records shall be maintained for a period of three
years after project completion and made available upon request. [40 CFR 122.41]
Section C: REPORTING
1. Occurrences that Must be Reported
Permittees shall report the following occurrences:
(a) Visible sediment deposition in a stream or wetland.
(b) Oil spills if:
• They are 25 gallons or more,
• They are less than 25 gallons but cannot be cleaned up within 24 hours,
• They cause sheen on surface waters (regardless of volume),or
• They are within 100 feet of surface waters (regardless of volume).
(c) Releases of hazardous substances in excess of reportable quantities under Section 311 of the Clean
Water Act Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA(Ref:40 CFR 302.4) or G.S.
143-215.85.
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Permit No.NCG250000
(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 e 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 environment continue; and steps taken or planned to reduce,eliminate,and
[40 CFR prevent reoccurrence of the noncompliance. [40 CFR 122.41(1)(6).
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.NCG250000
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)]
Page 22 of 33

Permit No. NCG250000
(e) Any person who knowingly violates section 301,302,303,306, 307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act,and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not
more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or
subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of
not more than$500,000 or by imprisonment of not more than 30 years,or both.An organization,as
defined in section 309(c)(3)(B)(iii) of the CWA,shall,upon conviction of violating the imminent
danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
(0 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 maybe 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
11 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]
5. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et.seq,the Water and Air Quality Reporting Acts,and to regulations published pursuant
to Section 304(g),33 USC 1314,of the Federal Water Pollution Control Act,as Amended,and Regulation
40 CFR 136.
To meet the intent of the monitoring required by this general permit,all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below general permit discharge requirements,then
the most sensitive (method with the lowest possible detection and reporting level) approved method
must be used.
6. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
general permit which has a reasonable likelihood of adversely affecting human health or the
environment. [40 CFR 122.41(d)]
7. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the condition of this general
permit. [40 CFR 122.41(c)]
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Permit No.NCG250000
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, 143-215.6B, 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.
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;
(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
12 2.41(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,
Page 24 of 33

Permit No.NCG250000
upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not
more than two years per violation,or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph,punishment is a fine of not more than
$20,000 per day of violation,or by imprisonment of not more than 4 years,or both [40 CFR 122.41].
15.Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,representation,
or certification in any record or other document submitted or required to be maintained under this
general permit,including monitoring reports or reports of compliance or noncompliance shall,upon
conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more
than two years per violation,or by both [40 CFR 122.41].
16.Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
17.Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent(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(l)]. 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(l)(2)]
SECTION B: PERMIT ADMINISTRATION
1. General Permit Expiration
General permits will be effective for a term not to exceed five years,at the end of which the Division may
renew them after all public notice requirements have been satisfied. If a general permit is renewed,
existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the
Division. New applicants seeking coverage under a renewed general permit must submit a Notice of
Intent to be covered and obtain a Certificate of Coverage under the renewed general permit. [15A NCAC
02H.0127(e)]
2. Transfers
This general permit is not transferable to any person without prior written notice to and approval from
the Director in accordance with 40 CFR 122.61.The Director may condition approval in accordance with
NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation
and reissuance of the Certificate of Coverage,or a minor modification,to identify the new permittee and
incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(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.
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Permit No.NCG250000
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)-O)] 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) 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)]
5. 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
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Permit No.NCG250000
having the explicit or implicit duty of making major capital investment recommendations,and
initiating and directing other comprehensive measures to assure long term environmental
compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate
information for permit application requirements;and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate procedures.
• For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;
or
For a municipality,State,Federal,or other public agency: by either a principal
executive officer or ranking elected official. [40 CFR 122.22]
(b) All reports required by the general permit and other information requested by the Director shall be
signed by a person described in paragraph a.above or by a duly authorized representative of that
person.A person is a duly authorized representative only if:
• The authorization is made in writing by a person described above;
• The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity,such as the position of plant manager,
operator of a well or well field,superintendent,a position of equivalent responsibility,or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.);and
• The written authorization is submitted to the Director. [40 CFR 122.22]
(c) If an authorization under paragraph (b) of this section is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior
to or together with any reports,information,or applications to be signed by an authorized
representative. [40 CFR 122.22]
(d) Any person signing a document under paragraphs a.orb.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 offine 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
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Permit No. NCG250000
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.
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. NCG250000
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 I1.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
S. 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.
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.
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Permit No.NCG250000
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 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._
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Permit No.NCG250000
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:
(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 111,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
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Permit No.NCG250000
• 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%.
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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Permit No.NCG250000
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