NCG010000_DRAFT General Permit to Notice_20180615

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCGO10000 — DRAFT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for:
Construction Activities
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.
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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, 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 violation.
The General Permit shall become effective on August 1, 2018.
The General Permit shall expire at midnight on May 31, 2023.
Signed this day July 31, 2018.
■
for William E. (Toby) Vinson, Jr., P.E., CPM
Interim Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCGO10000
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
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.
Upslope Areas
3.
Calculation Method
4.
Limits of Disturbance
5.
Angle for Graded Slopes
6.
Stormwater Outlets
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. Buffer Requirements in Non -Trout Waters
2. Buffer Requirements in Trout Waters
3. Recommended Buffer Widths
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Permit No. NCGO10000
Section E: Ground Stabilization
1. Ground Stabilization Specification
2. Required Timeframes for Ground Stabilization
Section F: Materials Handling
1.
Polyacrylamides (PAMS) and Flocculants
2.
Equipment Fluids
3.
Waste Materials
4.
Herbicide, Pesticide, and Rodenticides
S.
Concrete Materials
6.
Earthen Material Stock Piles
Section G: Operation and Maintenance
1.
Plan Deviations
2.
Operation and Maintenance
3.
Corrective Actions
4.
Maintenance of Sediment Basins
S.
Bypass of E&SC Measures
6.
Upset of E&SC Measures
7.
Compliance with the Turbidity Standard
PART III SELF -INSPECTION, RECORDKEEPING AND REPORTING
Section A: Self -Inspection and Recordkeeping
1. Self -Inspections
2. Recordkeeping
Section B: 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
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Permit No. NCGO10000
7. Need to Halt or Reduce Not a Defense
8. Civil and Criminal Liability
9. Oil and Hazardous Substance Liability
10. Property Rights
11. Severability
12. Duty to Provide Information
13. Inspection and Entry
14. Penalties for Tampering
15. Penalties for Falsification of Reports
16. Onshore or Offshore Construction
17. Duty to Reapply
18. Planned Changes
19. Anticipated Noncompliance
Section B: Permit Administration
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit May be Requested
S. Impacts or Potential Impacts to Surface Waters or Wetlands
6. Signatory Requirements
7. General Permit Modification, Revocation and Reissuance, or
Termination
8. Certificate of Coverage Actions
9. Annual Administering and Compliance Monitoring Fee Requirements
10. Availability of Reports
11. Omissions
PART V DEFINITIONS
Im

Permit No. NCGO10000
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. 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.
Most of these construction activities are also subject to the Sedimentation Pollution Control Act of 1973
(SPCA), which requires that the persons engaged in subject construction activities develop and adhere
to an Erosion and Sedimentation Control (E&SC) Plan. The Sedimentation Control Commission and
DEMLR have created and adopted a North Carolina Erosion and Sediment Control Planning and Design
Manual describing recommended sedimentation control techniques for construction activities.
A person seeking coverage under this permit for a construction activity shall take the following steps in
the following order:
1. Develop an E&SC Plan. This plan shall adhere to the requirements of this permit and the SPCA.
The North Carolina Erosion and Sediment Control Planning and Design Manual shall be used as
guidance in meeting the applicable requirements.
2. Obtain approval of the E&SC Plan by the appropriate state or state delegated local entity
(hereafter known as the E&SC Plan authority).
3. Electronically submit a Notice of Intent (NOI) to the Division with proof of approval of the E&SC
Plan uploaded. The Division shall then issue a Certificate of Coverage under the NCG01
Construction General Permit within five business days if all provisions are adequately met.
4. Commence the construction activity only after receipt of the Certificate of Coverage.
S. Abide by the conditions of both the NCG01 permit and the E&SC Plan until completion of the
construction activity.
6. After the construction is complete and the site is permanently stabilized, contact the E&SC Plan
authority that approved the E&SC plan to close out the project.
7. Electronically submit a request to rescind coverage under the NCG01 permit to the Division with
the close-out documentation uploaded. The Division shall then rescind the Certificate of
Coverage within five business days if all provisions are adequately met.
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 0213.0200). 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.
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. NCGO10000
PART II - STORMWATER POLLUTION PREVENTION PLAN
The approved Erosion and Sedimentation Control (E&SC) Plan shall meet all of the applicable
requirements of this permit, the Sedimentation Pollution Control Act of 1973 and 15A NCAC 04B.0101-
.0132. The approved E&SC Plan shall be considered the Stormwater Pollution Prevention Plan
(SP3) for construction activities that are covered under this permit and as such the implementation of
the E&SC Plan throughout the duration of coverage shall a condition of the permit. 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
CONTROLPLAN
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:
1. Location Information
Project location & labeled vicinity map (roads, streets, landmarks)
North arrow and scale
Identification of the River Basin.
A copy of site located on applicable USGS quadrangle and NRCS Soils maps if it is in a River Basin
with Riparian Buffer requirements.
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.
Bid specifications related only to erosion control
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:
• Access to 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 any land -disturbing activity
• Borrow and waste areas created by the applicant unless the borrow or waste activity is
regulated under the Mining Act of 1971, or is a landfill regulated by the Division of Solid
Waste Management. 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
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 and/or building numbers, if applicable
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Permit No. NCGO10000
Easements and drainageways, particularly required for offsite affected areas, if applicable
Location and details associated with any onsite stone crushing or other processing of material
excavated, if applicable. A mining permit will be required if the affected area associated with
excavation, processing, stockpiles and transport of such materials comprises one or more acres,
and materials will be leaving the development tract.
4. Site Drainage Features
Existing and planned drainage patterns (include off-site areas that drain through project and
address temporary and permanent conveyance of stormwater over graded slopes)
Drainage area map
Surface waters, including the limits of wetlands, streams, lakes and ponds and all required local
or state buffer zones
Method used to determine acreage of land being disturbed and drainage areas to all proposed
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
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
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
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 HW, TW 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 of sediment basins (note current surface area and
dewatering standards as well as diversion of runoff to the basins). Be sure that all surface
drains, including ditches and berms, will have positive drainage to the basins.
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)
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Permit No. NCGO10000
8. Documentation
Completed, signed & notarized Financial Responsibility/Ownership Form
Accurate application fee payable to NCDEQ
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.
Two hard -copies of the plans (some regional offices require additional plans or multiple sizes;
please contact the regional coordinator prior to such submittal.)
Army Corps 404 permit and Water Quality 401 certification, if required for project
DWR Buffer Authorization, if required for project
Copies of any recorded easements and/or agreements with adjoining property owners for
landlocked parcels
SECTION B: DESIGN AND CONSTRUCTION STANDARDS FOR EROSION AND
SEDIMENT CONTROL MEASURES
1. Objective of E&SC Measures
E&SC Measures shall be designed and constructed to prevent off-site sedimentation damage. (15A
NCAC 04B .0106(a)(5))
2. 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. (15A NCAC
04B .0106(a)(4)) Any diversion measures shall be shown on the plans.
3. Calculation Method
The maximum peak rate of runoff shall be calculated according to procedures in the United States
Department of Agriculture, Natural Resources Conservation Service's "National Engineering Field
Manual Handbook 630" which is herein incorporated by reference including subsequent
amendments and editions, and may be accessed at:
https: //www.nres.usda.gov/wps /portal/nres/detailfull/national/water/manage /hydrology/?cid=s
telprdbl043063 or according to procedures adopted by any other agency of this state or the United
States or any generally recognized organization or association. (15A NCAC 04B .0108)
4. Limits of Disturbance
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. (15A NCAC 04B .0106(a) (6)) Any erosion measures
provided at the project boundary shall be shown on the plans.
S. 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))
6. Stormwater Outlets
Any increase in stormwater runoff velocity resulting from a land -disturbing activity shall not result
in accelerated erosion at the outlet during the 10 -year storm or the 25 -year storm in HQW Zones.
(15A NCAC 04B .0106(a) (6)) Outlets may be stabilized by providing energy dissipaters to reduce
flow velocities. (15A NCAC 04B .0109(b)) Any outlet stabilization measures shall be shown on the
plans. It is recommended to discharge at a zero percent grade.
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Permit No. NCGO10000
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. (15A NCAC 0413.0106(a) (6) and .0124(a)) The following additional
requirements apply to stormwater conveyances:
(a) The velocity in the receiving stormwater conveyance shall not exceed the maximum permissible
velocity per the table below. (15A NCAC 04B .0109(a) and (d))
Stormwater conveyance in-situ
Maximum Permissible Velocity
Feet per second
Meters per second
material
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. (15A NCAC 04B .0109(b)) Any erosion -resistant linings shall
be shown on the plans.
8. Sediment Basin Outlet Structures
Sediment basins and traps with drainage areas of one acre or greater shall use outlet structures
that withdraw water from the surface.
9. Lower Portions of the Site
Portions of a site that are lower in elevation than adjacent discharge locations and are not
expected to discharge during construction may be exempt from the temporary ground cover
requirements if identified on the approved E&SC Plan or added by the E&SC Plan authority.
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 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
02B .0101(e)(5)).
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
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Permit No. NCGO10000
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. (15A NCAC 0413 .0124)
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.
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.
SECTION D: CONSTRUCTION ACTIVITY BUFFERS
1. Buffer Requirements in Non -Trout Waters
Unless wider buffers are otherwise provided per NC rules or statutes, no land -disturbing activity
during periods of construction or improvement to land shall be permitted in proximity to a lake or
natural watercourse unless a buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone
nearest the land -disturbing activity. (NCGS 113A-57(1)) A minimum buffer width of 15 feet is
recommended.
2. Buffer Requirements in Trout Waters
Unless wider buffers are provided per NC rules or statutes, no land -disturbing activity shall be
permitted in proximity to a lake or natural watercourse unless a buffer zone is provided of at least
25 measured horizontally from the top of bank. In addition to the above requirements, buffers
adjacent to trout waters shall also meet the requirements below (NCGS 113A-57(1)):
(a) No land -disturbing activity shall be undertaken within a buffer zone adjacent to designated
trout waters that will cause adverse temperature fluctuations, as set forth in 15A NCAC 213 .0211
"Fresh Surface Water Classification and Standards", in these waters.
(b) Where a temporary and minimal disturbance is permitted as an exception by G.S. 113A-57(1),
land -disturbing activities in the buffer zone adjacent to designated trout waters shall be limited
to a maximum of ten percent of the total length of the buffer zone within the tract to be
distributed such that there is not more than 100 linear feet of disturbance in each 1000 linear
feet of buffer zone. Larger areas may be disturbed with the written approval of the Director.
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Permit No. NCGO10000
3. Recommended Buffer Widths
Unless wider buffers are provided per NC rules or statutes, the recommended widths of buffers in
Non -Trout and Trout Waters are provided in the table below.
Slope of Buffer
M
Recommended Width of Undisturbed
Vegetation (Non -Trout)
Recommended Width of
Undisturbed Vegetation (Trout)
0-1
15 feet
25 feet
1-3
20 feet
25 feet
3-5
25 feet
25 feet
>5
25 feet + (% of slope - 5)
25 feet + (% of slope - 5)
SECTION E: GROUND STABILIZATION
1. Ground Stabilization Specification
Ground stabilization is the establishment of a uniform and evenly -distributed (i.e., without large
bare areas) vegetated ground cover with a cover density of at least 80% or the use of other methods
that render the ground surface stable against accelerated erosion. For temporary stabilization,
acceptable other methods besides vegetation include application of mulch or rolled erosion control
products. For permanent stabilization, acceptable other methods include planting shrubs and other
plants and then mulching. Permanent stabilization may also be achieved through structural
methods such as concrete, asphalt, or retaining walls.
2. Required Timeframes for Ground Stabilization
The required timeframe for ground stabilization shall be in accordance with the table below.
Extensions of time may be approved by the E&SC Plan authority based on weather or other site-
specific conditions that make compliance impracticable.
Site Area (slopes are horizontal: vertical)
Maximum time for stabilization
after last land disturbancez
Within High Quality Water Zones (defined in 15A NCAC 04A.
7 calendar days
0105), the entire site
Outside of High Quality Water Zones:
Perimeter dikes, swales, ditches and slopes
7 calendar days
Slopes steeper than 3:11
7 calendar days
Slopes 3:1 or flatter and less than or equal to 50' in length
14 calendar days
Slopes 3:1 or flatter and greater than 50' in length
7 calendar days
Slopes 4:1 or flatter
14 calendar days
If the slope is 10 feet or less and is not steeper than 2:1, then slope stabilization may be relaxed to 14
days.
2 Please note that upon completion of any phase of grading that permanent stabilization of the
construction activity shall be achieved within 21 days. Extensions of time may be approved by the E&SC
Plan authority based on weather or other site-specific conditions that make compliance impracticable.
(NCGS 113A-57(2))
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Permit No. NCGO10000
SECTION F: MATERIALS HANDLING
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:
https://files.nc.gov/ncdeq/Water°/o20Quality/Environmental°/o2OSciences/ATU/ApprovedPAM
S4 1 2017.pdf. and
(c) used at the concentrations specified in the NCDWR List ofApproved PAMS/Flocculants and in
accordance with the manufacturer's instructions.
2. Equipment Fluids
(a) Fuels, lubricants, coolants, and hydraulic fluids, and other petroleum products shall be
handled and disposed of in a manner so as not to enter surface or ground waters and in
accordance with applicable state and federal regulations. Equipment used on the site must be
operated and maintained properly to prevent discharge of fluids.
(b) Equipment, vehicle, and other wash waters shall be treated in a sediment basin or alternative
control, provided that there is no discharge of soaps, solvents, or detergents.
3. Waste Materials
(a) Building material and land clearing waste shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A NCAC
1313). Areas dedicated for managing building material and land clearing waste shall be at least
50 feet away from storm drain inlets and surface waters unless it can be shown that no other
alternatives are reasonably available. The Division of Waste Management shall be the oversight
authority for this permit requirement.
(b) Paint and other liquid building material waste shall not be dumped into storm drains. It is
recommended to locating paint washouts at least 50 away from storm drain inlets unless there
is no alternative. Other options are to install lined washouts to use portable, removable bags or
bins.
(c) Hazardous or toxic waste shall be managed in accordance with the federal Resource
Conservation and Recovery Act (RCRA) and NC Hazardous Waste Rules at 15A NCAC,
Subchapter 13A. The Division of Waste Management shall be the oversight authority for this
permit requirement.
(d) Litter and sanitary waste shall be managed in a manner to prevent it from entering waters and
shall be disposed of offsite. The Division of Waste Management shall be the oversight authority
for this permit requirement.
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.
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Permit No. NCGO10000
S. Concrete Materials
Excess concrete and concrete washout, must be controlled and managed to avoid contact with
surface waters, wetlands or buffers. No concrete or cement slurry shall be discharged from the site.
(Note that discharges from onsite concrete plants require coverage under a separate NPDES permit
- NCG140000.) Any hardened concrete residue will be disposed of, or recycled on site, in
accordance with local and state solid waste regulations. Concrete slurry shall not be discharged into
a storm drain or surface water. is recommended to locating paint washouts at least 50 away from
storm drain inlets unless there is no alternative. Other options are to install lined washouts to use
portable, removable bags or bins.
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 it can be shown that no other alternatives are reasonably available.
SECTION G: OPERATION AND MAINTENANCE
1. Plan Deviations
Deviations from the approved E&SC Plan, or approved revised E&SC Plan, shall constitute a
violation of the terms and conditions of this permit except unless the deviation is:
(a) To correct an emergency situation where sediment is being discharged off the site, or,
(b) A minor modification or relocation of an E&SC measure that does not affect the ability of the
measure to perform as intended.
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 .0113)
3. Corrective Actions
If inspections required by this permit identify a need for maintenance of control measures,
modifications or additions to control measures, or corrective actions to control sediment or other
pollutants, these actions shall be performed as soon as possible considering adverse weather and
site conditions.
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 if practicable when these devices need to
be drawn down for maintenance. If it is not practicable to withdraw water from the surface to
perform maintenance, then water may be pumped from the lower part of these basins when
unavoidable provided that all of the following criteria are met:
(a) The E&SC Plan authority has been informed and has approved the non -surface withdrawal.
(b) An auxiliary treatment method, such as a properly sized and maintained silt bag, is provided to
reduce sediment discharge to the receiving conveyance,
(c) The water is discharged in a non-erosive manner, and
(d) If practical, water is allowed to flow over a stabilized ground cover for additional filtration.
Page 9 of 24

Permit No. NCGO10000
5. Bypass of E&SC Measures
Diversions of stormwater from E&SC Measures when the design storm has not been exceeded are
not allowed. E&SC Measures that bypass stormwater when the design storm has not been exceeded
are not considered to be in compliance with the turbidity standard in 15A NCAC 02B.0211(21),
which requires full compliance with all specifications governing the proper design, installation,
operation, and maintenance of E&SC Measures. If a bypass occurs, then the permittee shall prepare
and submit the following items to the E&SC Plan authority within 7 calendar days:
(a) An updated E&SC Plan that meets the requirements in this permit.
(b) A plan for restoration of sedimentation damage, if applicable, for review, approval and
implementation.
(c) Reasons why a civil penalty should not be assessed.
6. Upset of E&SC Measures
Diversions of stormwater from E&SC Measures when the design storm has been exceeded 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 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.
7. Compliance with the Turbidity Standard
Compliance with the turbidity standard in 15A NCAC 02B.0211(21) shall be considered to be
met if and only if:
(a) All aspects of the construction activity are in compliance with this permit, the Sedimentation
Pollution Control Act of 1973 and 15A NCAC 04B.0101-.0132, and
(b) All plans and specifications are in compliance in the approved E&SC Plan or approved
revised E&SC Plan.
Page 10 of 24

Permit No. NCGO10000
PART III
SELF -INSPECTION, RECORDKEEPING AND REPORTING
SECTION A: SELF -INSPECTION AND RECORDKEEPING
1. 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 greater than 0.5 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.
Inspect
Frequency
Inspection records must include [40 CFR 122.41]:
(during normal
business hours
(a) Rain gauge
Daily
If no daily rain gauge observations are made during weekend
maintained in
or holiday periods, and no individual -day rainfall information
good working
is available, record the cumulative rain measurement for
order
those un -attended days (and this will determine if a site
inspection is needed). Days on which no rainfall occurred
shall be recorded as "zero." The permittee may use another
rain -monitoring device approved by the Division.
(b) E&SC
At least once per
1. Identification of the measures inspected,
Measures
7 calendar days
2. Date and time of the inspection,
and within 24
3. Name of the person performing the inspection,
hours of a rain
4. Indication of whether the measures were operating
event > 0.5 inch
properly,
in 24 hours
S. Description of maintenance needs for the measure,
6. Corrective actions taken, and
7. Date of actions taken.
(c) Stormwater
At least once per
1. Identification of the discharge outfall inspected,
discharge
7 calendar days
2. Date and time of the inspection,
outfalls (SDOs)
and within 24
3. Name of the person performing the inspection,
hours of a rain
4. Evidence of indicators of stormwater pollution such as oil
event > 0.5 inch
sheen, floating or suspended solids or discoloration,
in 24 hours
S. Indication of visible sediment leaving the site,
6. Actions taken to correct/prevent sedimentation, and
7. Date of actions taken.
(d) Perimeter
At least once per
If visible sedimentation is found outside site limits, then a record
of site
7 calendar days
of the following shall be made:
and within 24
1. Actions taken to clean up or stabilize the sediment that has left
hours of a rain
the site limits,
event > 0.5 inch
2. Date of actions taken, and
in 24 hours
3. An explanation as to the actions taken to control future
releases.
(e) Streams or
At least once per
If the stream or wetland has increased visible sedimentation or a
wetlands onsite
7 calendar days
stream has visible increased turbidity, then a record of the
or offsite
and within 24
following shall be made:
(where
hours of a rain
1. Evidence and actions taken to reduce sediment contributions,
accessible)
event > 0.5 inch
and
in 24 hours
2. Records of the required reports to the appropriate Division
Regional Office per Section C below.
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Permit No. NCGO10000
(f) Ground
After each phase
1. The phase of grading (installation of perimeter E&SC
stabilization
of grading
measures, clearing and grubbing, installation of storm
measures
drainage facilities, completion of all land -disturbing
activity, construction or redevelopment, permanent
ground cover).
2. Documentation that the required ground stabilization
measures have been provided within the required
timeframe or an assurance that they will be provided as
soon as possible.
2. Recordkeeping
The permittee shall retain records as follows:
(a) The approved E&SC plan as well as any approved deviation shall be kept on the site.
(b) 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.
(c) Records of inspections made during the previous 30 days shall remain on the site and available
for agency inspectors 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.
(d) All data used to complete the Notice of Intent and older inspection records shall be maintained
for a period of three years after project completion and made available upon request [40 CFR
122.41]
SECTION B: 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).
(d) Anticipated bypasses and unanticipated bypasses.
(e) Noncompliance with permit conditions.
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 below. Occurrences outside normal business hours may also be reported to the
Division's Emergency Response personnel at [phone], [phone] or [phone]
Page 12 of 24

Permit No. NCGO10000
Occurrence
Reporting Timeframes After Discovery) and Other Requirements
(a) Visible sediment
. Within 24 hours, an electronic report.
deposition in a
. Within 7 calendar days, a written report.
stream or wetland
. The written report shall contain a description of the sediment and actions
taken to address the cause of the deposition. Division staff may waive the
requirement for a written report on a case-by-case basis.
• 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 electronic report.
release of hazardous
. The report shall include information about the date, time, nature, volume
substances per Item
and location of the spill or release.
1(b) -(c) above
(c) Anticipated
. At least ten days before the date of the bypass, if possible.
bypasses [40 CFR
. The report shall include an evaluation of the anticipated quality and effect
122.41(m)(3)]
of the bypass.
(d) Unanticipated
. Within 24 hours, an electronic report.
bypasses [40 CFR
. The report shall include an evaluation of the quality and effect of the
122.41(m)(3)]
bypass.
(e) Noncompliance
. Within 24 hours, an electronic report.
[40 CFR
. Within 7 calendar days, a written report. Division staff may waive the
122.41(1)(7)]
requirement for a written report on a case-by-case basis.
• The written report shall contain a description of the noncompliance, and
its causes; the period of noncompliance, including exact dates and times,
and if the noncompliance has not been corrected, the anticipated time
noncompliance is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the noncompliance. [40
CFR 122.41(l)(6)]
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Permit No. NCGO10000
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 continue to be valid with the previous permit
conditions and will be considered covered under this general permit.
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 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
Page 14 of 24

Permit No. NCGO10000
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.
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)]
Page 15 of 24

Permit No. NCGO10000
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 Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority 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
Permit Issuing Authority upon request, copies of records required to be kept by this general permit
[40 CFR 122.41(h)].
13. Inspection and Entry
The permittee shall allow the Director, an authorized representative (including an authorized
contractor acting as a representative of the Director), or an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge (if applicable), upon the
presentation of credentials and other documents as may be required by law, to:
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this general permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location. [40
CFR 122.41(i)]
14. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this general permit
Page 16 of 24

Permit No. NCGO10000
shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person under this paragraph, punishment is a
fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
both [40 CFR 122.41].
15. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this general permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
16. Onshore or Offshore Construction
This general permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
17. Duty to Reapply
Dischargers covered by this general permit need not submit a new Notice of Intent (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)]
SECTION B: PERMIT ADMINISTRATION
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.
Page 17 of 24

Permit No. NCGO10000
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 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 having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other
Page 18 of 24

Permit No. NCG010000
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 Permit
Issuing Authority 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 Permit Issuing Authority. [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. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
7 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 properlygather 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 fines and
imprisonment for knowing violations. "
7. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this general permit does not prohibit the Permit Issuing Authority 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
Page 19 of 24

Permit No. NCGO10000
does not stay any general permit condition. The Certificate of Coverage shall expire when the
general permit is terminated.
8. Certificate of Coverage Actions
The general permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any general permit
condition [40 CFR 122.41(f)].
9. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days
after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A
NCAC 21-1 .0105(b)(2) may cause this Division to initiate action to revoke coverage under the general
permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division. As required by the Act, analytical data shall not be
considered confidential. Knowingly making any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal
Act.
11. Omissions
Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent
to be covered under this general permit, or submitted incorrect information in that Notice of Intent
application or in any report to the Director, it shall promptly submit such facts or information. [40
CFR 122.41(1)(8)]
Page 20 of 24

PART V DEFINITIONS
1. Act
See Clean Water Act.
Permit No. NCGO10000
2. Adverse Weather
Adverse weather or site conditions are those 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, irrigation waters, flows from riparian habitats and
wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye
wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the
facility.
6. Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the general permit and is signed by the Director.
7. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. 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.
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Permit No. NCGO10000
9. 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.
10. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ),
formerly the Department of Environment and Natural Resources.
11. Director
The Director of the Division of Energy, Mineral, and Land Resources, and the permit issuing
authority.
12. EMC
The North Carolina Environmental Management Commission.
13. Erosion and Sedimentation Control Plan
A plan developed in compliance with the North Carolina Sedimentation Pollution Control Act of
1973 to prevent the erosion and deposition of sediment and other materials into the waters of
the State from construction or other land -disturbing activities that disturb one or more acres of
land. Each plan must be approved by the NC Sedimentation Control Commission or a program
delegated by the Commission to a local government.
14. Ground Cover
Any vegetative growth or other material which, when applied to the soil surface, renders the soil
surface stable against accelerated erosion.
15. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
16. 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.
17. 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.
18. 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.
19. 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.
20. Permittee
The person, firm or organizational entity that signed as the financially responsible party on the
Erosion and Sedimentation Control Plan.
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Permit No. NCG010000
21. 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.
22. 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.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community
Right -to -Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. 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.
25. 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 of the State of North
Carolina.
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
27. 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.
28. Stormwater Pollution Prevention Plan (SP3)
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 SP3 for construction activities includes the Erosion and Sediment Control
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Permit No. NCGO10000
Plan, Ground Stabilization, Materials Handling, and Disturbed Area Limit for Special and Threatened
Waters.
29. 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%.
30. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
31. 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.
32. 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 which can be seen with the unaided eye.
33. 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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