NCG010000_General Permit Final 2018_20180731

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCGO10000
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:
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 of North
Carolina 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 December 31, 2018.
Signed this day July 31, 2018.
for William E. (Toby) Vinson, Jr., P.E., CPM `
Interim Director, Division of Energy, Min al and Land Resources
By the Authority of the Environmental Management Commission
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TABLE OF CONTENTS
Page
SECTION I - COVERAGE UNDER THE GENERAL PERMIT .................... 3
SECTION II — STORMWATER POLLUTION PREVENTION REQUIREMENTS ... 4
Section II.A. - Stormwater Pollution Prevention Requirements in the E&SC Plan ......... 4
Section II.B. - Stormwater Pollution Prevention Requirements in the Construction GP ...... 5
Section II.B. 1. - Construction Site Pollutants ...................................... 5
Section II.B. 2 - Ground Stabilization ...... ............. ......................... 6
Section II.B. 3. - Self Inspection and Reporting Requirements .......................... 6
Section II.B.4. - Sediment Basins ................................................ 8
Section II.B.5. -Discharges to Special or Threatened Waters ........................... 8
SECTION III — FRAMEWORK OF PERMIT COVERAGE ........................ 8
SECTION IV — OPERATION AND MAINTENANCE OF POLLUTION CONTROLS. 10
SECTION V — PERMIT ADMINISTRATION AND COMPLIANCE ISSUES .........11
SECTION VI — DISCHARGE MONITORING AND TURBIDITY LIMITATIONS .... 15
SECTION VII — DEFINITIONS ................................................ 15
SECTION VIII — DIVISION OF WATER QUALITY CONTACTS .................. 16
Page 2 of 16

SECTION I
COVERAGE UNDER THE GENERAL PERMIT
Until this State of North Carolina General Permit expires or is modified or revoked, the permittee is
authorized to discharge stormwater in accordance with the terms and conditions of this permit and in
accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division
of Land Resources, Land Quality Section, or a delegated local program under the provisions and
requirements of North Carolina General Statutes in Article 4 of Chapter 113A to the surface waters of
North Carolina or to a separate storm sewer system. The permit, along with state statutes (N.C.G.S.
143-215.1) and rules (NCAC 211.0100) relating to stormwater permitting are designed to work
together to assure compliance with the NPDES requirements of the Clean Water Act. Furthermore,
North Carolina rules in Title 15A NCAC 2H .0126 adopt by reference the federal stormwater
permitting requirements.
Any other point source discharge to surface waters of the state is prohibited unless covered by another
permit, authorization or approval. The discharges allowed by this General Permit shall not cause or
contribute to violations of North Carolina Water Quality Standards for surface waters and wetlands (15A
NCAC 2B .0200). Discharges allowed by this permit must meet all applicable water quality certification or
permit requirements as outlined in 15A NCAC 2H .0500 and 2H .1300. This permit does not relieve the
permittee from responsibility for compliance with any other applicable federal, state, or local law, rule,
standard, ordinance, order, judgment, or decree.
This General Permit is applicable to point source discharges from construction activities disturbing
one or more acres of land. The application to the Division of Land Resources or a delegated local
program for approval of a local Erosion and Sedimentation Control Plan (E&SC Plan) shall be considered
to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring
this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the E&SC Plan by the Division of Land Resources or delegated local program that includes
the following:
a. Designation on the plans where the specific ground stabilization requirements apply as per Section
II.B.2 of this permit.
b. Designs of basins with surface withdrawal as per Section II.B.4 of this permit.
Prior to the commencement of construction and land disturbing activities, approval of the E&SC Plan shall
be obtained.
This General Permit revision reflects changes made in the federal regulations effective February 1,
2010. The federal regulations were a result of litigation that mandated that construction activities over a
certain size must contain additional specifications that would result in reduced wastes and sediment
loading reaching the nation's waters. The Division of Water Quality and the Division of Land Resources
established a Construction General Permit Technical Advisory Group (CTAG) to provide them guidance
in developing the permit. The CTAG was comprised of 14 members who represented a broad range of
environmental, regulatory, government and development interests. A Draft Construction General Permit
was prepared and made available for review on May 13, 2011. A public meeting was held on June7th.
This permit reflects the input received during the twelve- month development process.
Any owner or operator 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 21-1.0100, 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.
This General Permit does not cover activities or discharges covered by an individual NPDES permit until
the individual permit has expired or has been rescinded. Any person conducting an activity covered by an
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individual permit but which could be covered by this General Permit may request that the individual
permit be rescinded and coverage under this General Permit be provided.
The Division of Water Quality partners with the Division of Land Resources to implement a complete
program for construction site coverage that includes state sedimentation control and NPDES
stormwater control. The Division of Land Resources implements their control programs through an
Erosion and Sedimentation Control Plan (E&SC Plan) issued for each construction site in the state
disturbing one or more acres of land. An E&SC Plan is required for each site by the Division of Land
Resources or a delegated local government program. The NPDES Construction Stormwater permit
(NCGO10000) is attached to Erosion and Sedimentation Control Plan approvals. The permittee is
responsible for abiding by the conditions of both of these documents.
The Sedimentation Pollution Control Act of 1973 places a duty upon the Sedimentation Control
Commission to "develop recommended methods of control of sedimentation and prepare and make
available for distribution publications and other materials dealing with sedimentation control techniques
appropriate for use by persons engaged in land -disturbing activities." The Sedimentation Control
Commission and the Division of Land Resources have adopted the North Carolina Erosion and Sediment
Control Planning and Design Manual as the document to provide that guidance for use at all constructions
sites in the state. The individual Erosion and Sedimentation Control Plans are developed based on this
guidance and become a condition of the Division of Water Quality's Construction Stormwater General
Permit. As provided in this permit, "deviation from the approved E&SC Plan, or approved amendment to
that plan, shall constitute a violation of the terms and conditions of this general permit."
SECTION II
STORMWATER POLLUTION PREVENTION REQUIREMENTS
The State construction -related stormwater pollution prevention program provides for: (a) identification
of the potential sources of stormwater pollution at the individual construction site; (b) description of
the stormwater control measures to reduce or eliminate pollutants in stormwater discharges from the
construction site; and (c) identification of the procedures the operator will implement to comply with
the terms and conditions of this general permit and the Erosion and Sedimentation Control Plan
(E&SC Plan). In North Carolina, the approved Erosion and Sedimentation Control Plan for the site,
and the NCGO1 Construction General Permit are considered the Stormwater Pollution Prevention
Plan (SWPPP) for that site. These two documents, and any specifically -added water quality
conditions for that site, contain the provisions necessary to meet the federal regulatory requirements of
the NPDES program including provisions implementing the Effluent Limitations Guidelines effective
at the time of this permit.
SECTION II.A. - STORMWATER POLLUTION PREVENTION REQUIREMENTS
IN THE EROSION AND SEDIMENTATION CONTROL PLAN
The Erosion and Sedimentation Control program is mandated and funded according to state statutes.
The majority of the technology-based requirements needed to satisfy the federal stormwater pollution
prevention specifications are addressed in the approved E&SC Plan. Each applicant for an E&SC Plan
approval is required to comply with a "checklist" of over 50 site-specific conditions*. The categories
of these conditions include:
1) location information,
2) site features,
3) control measures,
4) drainage features,
5) stormwater calculations,
6) stabilization,
7) ownership information and
8) construction sequencing.
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*The individual requirements to be addressed in each E&SC Plan application can be found at
http://portal.ncdenr.ora/web/lr/erosion . See "Plan checklist for designers."
SECTION H.B. - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE
NC CONSTRUCTION GENERAL PERMIT
In addition to the stormwater pollution prevention controls found in the E&SC Plan, this Construction
General Permit contains additional conditions that must be met in order to comply with the NPDES
program requirements. They are as follows:
1) Construction Site Pollutants
Permittee must manage activities on the site such that water quality standards are not violated from site
activities or allowed discharges. In addition to stream pollution from sediment discharge, other
activities on construction and development sites can result in pollutants reaching the state's waters.
EPA has prepared guidance documents that provide best management practices that address many
activities. See h!W:Hcfpub.0a.izoy/npdes/stonnwater/menuofbmps/index.cf n?action=min_measure&min_ measure_id=4
The following activities, and others on a site-specific basis, require oversight throughout the
construction and development process to assure that all water quality standards are protected:
a) Equipment Operation and Maintenance - Equipment utilized during the construction activity on
a site must be operated and maintained in such a manner as to prevent the potential or actual
pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic
fluids, or any other petroleum products, shall not be discharged onto the ground or into surface
waters. Spent fluids shall be cleaned up and disposed of in a manner so as not to enter the
waters, surface or ground, of the state and in accordance with applicable state and federal
regulations.
b) Material Handling - Herbicide, pesticide, and fertilizer usage during the construction activity
shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
c) Building Material Waste Handling
i) All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
ii) Locate areas dedicated for management of land clearing and demolition debris, construction
and domestic waste, and hazardous or toxic waste. This location 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.
iii) Dumping of paint and other liquid building material wastes in storm drains is prohibited.
iv) Litter and Sanitary Waste - The permittee shall control the management and disposal of litter
and sanitary waste from the site.
d) Location of Stock Piles - Locate earthen -material stock pile areas at least 50 feet away from
storm drain inlets and surface waters unless it can be shown that no other alternatives are
reasonably available.
e) Handling of Concrete
i) Concrete materials onsite, including excess concrete, 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.)
ii) Any hardened concrete residue will be disposed of, or recycled on site, in accordance with
local and state solid waste regulations.
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2) Ground Stabilization
a) Soil stabilization shall be achieved on any area of a site where land -disturbing activities have
temporarily or permanently ceased according to the following schedule:
i) All perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3
horizontal to 1 vertical (3:1) shall be provided temporary or permanent stabilization with
ground cover as soon as practicable but in any event within 7 calendar days from the last
land -disturbing activity.
ii) All other disturbed areas shall be provided temporary or permanent stabilization with
ground cover as soon as practicable but in any event within 14 calendar days from the last
land -disturbing activity.
b) Conditions - In meeting the stabilization requirements above, the following conditions or
exemptions shall apply:
i) Extensions of time may be approved by the permitting authority based on weather or
other site-specific conditions that make compliance impracticable.
ii) All slopes 50' in length or greater shall apply the ground cover within 7 days except when the
slope is flatter than 4:1. Slopes less than 50' shall apply ground cover within 14 days except
when slopes are steeper than 3:1, the 7 day -requirement applies.
iii) Any sloped area flatter than 4:1 shall be exempt from the 7 -day ground cover requirement.
iv) Slopes 10' or less in length shall be exempt from the 7 -day ground cover requirement except
when the slope is steeper than 2:1.
v) Although stabilization is usually specified as ground cover, other methods, such as chemical
stabilization, may be allowed on a case-by-case basis.
vi) For portions of projects within the Sediment Control Commission -defined "High Quality Water
Zone" (15A NCAC 04A. 0105) , stabilization with ground cover shall be achieved as soon as
practicable but in any event on all areas of the site within 7 calendar days from the last land -
disturbing act.
vii) 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 permitting authority.
3) Self Inspection and Reporting Requirements
Minimum self inspection -and reporting requirements are as follows unless otherwise approved in
writing by the Division of Water Quality.
a) A rain gauge shall be maintained in good working order on the site unless another rain -
monitoring device has been approved by the Division of Water Quality.
b) A written record of the daily rainfall amounts shall be retained and all records shall be made
available to Division of Water Quality or authorized agent upon request. If no daily rain gauge
observations are made during weekend or holiday periods, and no individual -day rainfall
information is available, the cumulative rain measurement for those un -attended days will
determine if a site inspection is needed. (Note: if no rainfall occurred, the permittee must record
"zero").
c) Erosion and sedimentation control measures shall be inspected to ensure that they are operating
correctly. Inspection records must be maintained for each inspection event and for each
measure. At a minimum, inspection of measures must occur at the frequency indicated below:
i) All erosion and sedimentation control measures must be inspected by or under the
direction of the permittee at least once every seven calendar days, and
ii) All erosion and sediment control measures must be inspected by or under the direction
of the permittee within 24 hours after any storm event of greater than 0.50 inches of
rain per 24 hour period.
d) Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be
inspected by observation for erosion, sedimentation and other stormwater discharge
characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls shall be
made at least once every seven calendar days and within 24 hours after any storm event of
greater than 0.50 inches of rain per 24 hour period.
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e) Inspections are only required to be made during normal business hours. When adverse
weather conditions would cause the safety of the inspection personnel to be in jeopardy,
the inspection can be delayed until it is deemed safe to perform these duties. (Times when
inspections were delayed because of safety issues should be noted in the Inspection
Record.) If the inspection cannot be done on that day, it must be completed on the
following business day.
f) Twenty-four Hour Reporting for visible sediment deposition
i) The permittee shall report to the Division of Water Quality central office or the
appropriate regional office any visible sediment being deposited in any stream or
wetland or any noncompliance which may endanger health or the environment. (See
Section VIII of this permit for contact information.) Any information shall be provided
orally or electronically within 24 hours from the time the permittee became aware of the
circumstances.
ii) A written submission shall be provided to the appropriate regional office of the Division
of Water Quality within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the sediment
deposition and actions taken to address the cause of the deposition. The Division of
Water Quality staff may waive the requirement for a written report on a case-by-case
basis.
g) Records of inspections made during the previous 30 days shall remain on the site and available
for agency inspectors at all times during normal working hours, unless the Division of Water
Quality provides a site-specific exemption based on unique site conditions that make this
requirement not practical. Older records must be maintained for a period of three years after
project completion and made available upon request. The records must provide the details of
each inspection including observations, and actions taken in accordance with this permit. The
permittee shall record the required rainfall and monitoring observations on the Inspection Record
form provided by the Division or a similar inspection form that is inclusive of all of the elements
contained in the Division's form. Use of electronically -available records, in lieu of the required
paper copies for inspection will be allowed if shown to provide equal access and utility as the
hard -copy records.
h) Inspection records must include, at a minimum, the following:
i) Control Measure Inspections: Inspection records must include at a minimum: 1)
identification of the measures inspected, 2) date and time of the inspection, 3) name of
the person performing the inspection, 4) indication of whether the measures were
operating properly, 5) description of maintenance needs for the measure, 6) corrective
actions taken (7) date of actions taken, as well as the date and amounts of rainfall
received.
ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1)
identification of the discharge outfall inspected, 2) date and time of the inspection, 3)
name of the person performing the inspection, 4) evidence of indicators of stormwater
pollution such as oil sheen, floating or suspended solids or discoloration, 5) indication of
visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and
7) date of actions taken.
iii) Visible Sedimentation Found Outside the Site Limits: Inspection records must include:
1) an explanation as to the actions taken to control future releases, 2) actions taken to
clean up or stabilize the sediment that has left the site limits and 3) the date of actions
taken.
iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include
evaluation of streams or wetlands onsite or offsite (where accessible) to determine if
visible sedimentation has occurred.
i) Visible Stream Turbidity - If the discharge from a site results in an increase in visible stream
turbidity, inspection records must record that evidence and actions taken to reduce sediment
contributions. Sites discharging to streams named on the state's 303(d) list as impaired for
sediment -related causes may be required to perform additional monitoring, inspections or
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application of more -stringent management practices if it is determined that the additional
requirements are needed to assure compliance with the federal or state impaired -waters
conditions. If a discharge covered by this permit enters a stream segment that is listed on the
Impaired Stream List for sediment -related causes, and a Total Maximum Daily Load (TMDL)
has been prepared for those pollutants, the permittee must implement measures to ensure that the
discharge of pollutants from the site is consistent with the assumptions and meets the
requirements of the approved TMDL. The Division of Water Quality 303(d) list can be found
at: http://h2o.enr.state.nc.us/tmdl/General_303d.htm/
4.) Sediment Basins
Sediment basins and traps shall meet the following requirements:
a) Outlet structures shall be utilized that withdraw water from the surface.
b) For basins or traps that have a drainage area of less than 1.0 acre, draw -down designs specified
in the Division of Land Resources or delegated local program requirements are acceptable.
c) Chemical treatment
i) All treatment chemicals must be stored in leak -proof containers that are kept under
storm -resistant cover or surrounded by secondary containment structures designed to
protect adjacent surface waters.
ii) All treatment chemicals must be used in accordance with dosing specifications and
application rates provided by the manufacturer, supplier and as specified by the Division
of Water Quality.
iii) The Permittee must only use chemicals that have been approved by the NC Division of
Water Quality and posted on their "North Carolina Division of Water Quality Approved
PAMS/Flocculants List" found on their web site at:
htlp://portal.ncdenr.ora/web/wq/ws/su .
iv) The Permittee must route stormwater treated with polymers, flocculants, or other
treatment chemicals through sediment trapping, filtering, and/or settling devices(s) to
ensure adequate removal of sediment flocculent prior to discharge to surface waters.
d) Discharge requirement - Discharges must meet the statutory requirements of the Sediment
Pollution Control Act and utilize the provisions of Section 6.74 of the Erosion and Sediment
Control Planning and Design Manual to assure that buffers and vegetated areas will be used to
reduce the potential for visible siltation outside of the 25% buffer zone nearest the land -
disturbing activity.
5.) Discharges to Special or Threatened Waters
a) Disturbed areas within one mile of and draining to waters where federally -listed threatened or
endangered aquatic species are present -shall be limited at any time to a maximum total area
within the boundaries of the tract of 20 acres. These projects shall also use control measures
that are designed, installed and maintained in accordance with criteria set forth in 15A NCAC
04B .0124 — Design Standards in Sensitive Watersheds. The Division of Water Quality may
require additional/alternative protection measures or require coverage under an individual
Construction NPDES Stormwater permit. Other management practices may be acceptable if
these designs are shown by the applicant, to the satisfaction of the Director, to provide
equivalent protection.
b) Construction activities in High Quality Waters Zones require quicker ground stabilization
provisions as specified in Section II.B.2.b. of the permit.
SECTION III
FRAMEWORK OF PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater associated with construction activity including clearing, grading and
excavation activities resulting in the disturbance of land and related support activities. Such discharges
shall be controlled, limited and monitored as specified in this permit.
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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 the effective date of the permit —Complete project applications that
were received prior to the effective date of this permit, but not approved by the permitting
authority until after approval of this NPDES permit, can rely on design and management practices
effective at the time of application submittal.
3) Implementation of the Erosion and Sedimentation Control Plan (E&SC Plan):
a) The Permittee must implement and follow the E&SC Plan, which has been approved by the
Division of Land Resources or local delegated program.. The approved E&SC Plan is
considered a condition of this general permit.
b) Deviation from the approved E&SC Plan, or approved amendment, shall constitute a violation
of the terms and conditions of this general permit except that deviation from the approved plan
will be allowed:
i) to correct an emergency situation where sediments are being discharged off the site,
or,
ii) when minor modifications have been made that result in an alteration or relocation of
an erosion or sedimentation control measure and does not affect the ability of the
measure to perform as intended.
c) Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site.
d) Prior to the commencement of any land disturbance onsite, and during the construction
activities, a copy of the approved E&SC Plan and this NPDES construction permit shall be
maintained on the site. These documents must be kept current and up to date.
4) BMPs and Control Measures - Consistent with the provisions contained in this permit and the
E&SC Plan, the permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the requirements
of this permit.
5) Additional Action - If there is evidence indicating that the stormwater discharges from the site are
impacting or have the potential to impact surface waters or wetlands, the Division of Water
Quality may take appropriate actions including any or all of the following:
a) take compliance and enforcement action;
b) require the 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) 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 a general permit with additional conditions. Any
interested person may petition the Director to require an individual permit pursuant to 15A NCAC
2H .0127. Cases where an individual permit may be required include, but are not limited to, the
following:
a) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection;
b) The discharger is a significant contributor of pollutants;
c) Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit;
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d) A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e) The discharge violates the terms or conditions of this general permit;
f) Effluent limitations are promulgated for the point sources covered by this general permit;
g) A Water Quality Management Plan containing requirements applicable to such point sources is
approved after the issuance of this general permit.
7) When an Individual Permit may be Requested - Any 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.
SECTION IV
OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1) Proper Operation and Maintenance - The permittee shall at all times properly operate and maintain
all control measures and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of this general permit.
2) Need to Halt or Reduce not a Defense - It shall not be a defense for a permittee in an enforcement
action that it was necessary to halt or reduce the permitted activity in order to maintain compliance
with the condition of this general permit.
3) Bypassing of Stormwater Control Facilities
a) Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation or as part
of a planned action specified in the approved Erosion and Sedimentation Control Permit.
These bypasses are not subject to the provisions of Paragraphs b. and c. of this section.
b) Notice
i) Anticipated bypass - If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and effect of the bypass.
ii) Unanticipated bypass - The permittee shall submit notice to the Division contact (See
Section VIII.) within 24 hours of the occurrence of an unanticipated bypass.
c) Prohibition of Bypass
Bypass is prohibited and the Director may take enforcement action against a permittee for
bypass, unless:
i) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
ii) There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
iii) The permittee submitted notices as required under Paragraph b. of this section.
d) The Director may approve an anticipated bypass, after considering its adverse effects, if the
Director determines that it will meet the three conditions listed above in Paragraph c. of this
section.
4) Upsets
a) Definition - "Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment or control facilities,
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inadequate treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
b) Effect of an Upset - An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the requirements of
paragraph c. of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for noncompliance, is
final administrative action subject to judicial review.
c) Conditions Necessary for a Demonstration of Upset - A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
i) An upset occurred and that the permittee can identify the cause(s) of the upset;
ii) The permitted facility was at the time being properly operated;
iii) The permittee submitted notice of the upset as required in this general permit, and,
iv) The permittee complied with any remedial measures required in this general permit.
d) Burden of Proof - In any enforcement proceeding, the permittee seeking to establish the
occurrence of an upset has the burden of proof.
5) Inspection and Ent rX - The permittee shall allow the Director or an authorized representative
(including an authorized contractor acting as a representative of the Director), upon the
presentation of credentials and other documents as may be required by law, to:
a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general 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 general permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION V
PERMIT ADMINISTRATION AND COMPLIANCE ISSUES
1) Time of compliance — Erosion and sedimentation control measures shall be maintained, and self-
monitoring shall continue, after the completion of construction and development until the
establishment of permanent ground cover sufficient to restrain erosion or until the financially
responsible party has conveyed ownership or control of the tract of land for which the erosion and
sedimentation control plan has been approved and the agency that approved the plan has been
notified. If the financially responsible party has conveyed ownership or control of the tract of land
for which the Erosion and Sedimentation Control Plan has been approved, the new owner or
person in control shall conduct and document self-monitoring until the establishment of permanent
ground cover sufficient to restrain erosion.
Upon establishment of permanent ground cover sufficient to restrain erosion, the permittee shall
request an inspection by the permitting authority to verify the adequacy of the ground cover.
Coverage under the permit shall end when a Sedimentation Inspection Report is issued
documenting the final stabilization of the site with adequate permanent ground cover. The signed
Sedimentation Inspection Report shall serve as a notice of termination.
2) Operation efficiencX - During construction and until the completion of construction or
development and the establishment of permanent stabilization, the permittee shall provide the
operation and maintenance necessary to operate the storm water control measures and all erosion
and sedimentation control measures at optimum efficiency.
3) Corrective action - If inspections required by this permit identify a need for maintenance of control
measures, modifications or additions to control measures, or corrective actions to control sediment
Page 11 of 16

or other pollutants these actions must be performed as soon as possible and before the next storm
event to maintain the effectiveness of the control measures.
4) Duty to Comply - The permittee must comply with all conditions of this general permit. Any
permit noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
a) The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the CWA within the time provided in the
regulations that establish these standards or prohibitions or standards for sewage sludge use or
disposal, even if the permit has not yet been modified to incorporate the requirement.
b) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308,
318 or 405 of the Act, or any permit condition or limitation implementing any such sections in
a permit issued under section 402, or any requirement imposed in a pretreatment program
approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to
exceed $27,000 per day for each violation. The Clean Water Act provides that any person
who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any
condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day
of violation, or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal penalties
of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or
both. Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a knowing
violation, a person shall be subject to criminal penalties of not more than $100,000 per day of
violation, or imprisonment of not more than 6 years, or both. Any person who knowingly
violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a 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.
c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000)
per violation may be assessed against any person who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit. [Ref: NC General Statute 143-
215.6A].
d) Any person may be assessed an administrative penalty by the Administrator of the U.S.
Environmental Protection Agency for violating section 301, 302, 306, 307, 308, 318 or 405 of
the Clean Water Act, or any 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 $16,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed
$16,000 per day for each day during which the violation continues, with the maximum amount
of any Class II penalty not to exceed $177,500.
5) Duty to Mitigate - The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this general permit that has a reasonable likelihood of adversely affecting
human health or the environment.
Page 12 of 16

6) Civil and Criminal Liability - Except as provided in Section IV.3. of this permit regarding
bypassing of stormwater control facilities, nothing in this general 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.
7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to
preclude the institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et
seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible
for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
8) Property Rights - The issuance of this general permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
9) Severability - The provisions of this general permit are severable, and if any provision of this
general permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of this
general permit, shall not be affected thereby.
10) Duty to Provide Information - The permittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Director upon request, copies of records required to be kept by this general permit.
11) Signatory Requirements
a) All applications, reports, or information submitted to the Director shall be signed and certified
as follows:
i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities provided the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
ii) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
iii) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b) All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
i) The authorization is made in writing by a person described above;
ii) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for environmental matters for the
Page 13 of 16

company. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position.); and
iii) The written authorization is submitted to the Director.
c) Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
12) Penalties for Tampering -The Clean Water Act provides that any person who falsifies, tampers
with, or knowingly renders inaccurate, any monitoring device or method required to be maintained
under this general permit shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment
of not more than 4 years, or both.
13) General Permit Modification, Revocation and Reissuance, or Termination - The issuance of this
general permit does not prohibit the Director from reopening and modifying the general permit,
revoking and reissuing the general permit, or terminating the general permit as allowed by the
laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123;
Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et. seq.
14) Availabili y of Reports - Except for data determined to be confidential under NCGS 143-
215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the Division of Water
Quality. As required by the Act, discharge data shall not be considered confidential. Knowingly
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.
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.
16) Anticipated Noncompliance - The permittee shall give advance notice to the Director of any
planned changes in the permitted facility or activity that may result in noncompliance with the
general permit requirements.
17) Other Information - Where the permittee becomes aware that it failed to submit any relevant facts
in any report to the Director, it shall promptly submit such facts or information.
18) Limitations Reopener - This general permit shall be modified or alternatively, revoked and
reissued, to comply with any applicable effluent guideline or water quality standard issued or
approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if
the effluent guideline or water quality standard so issued or approved:
a) contains different conditions or is otherwise more stringent than any effluent limitation in the
general permit; or
b) controls any pollutant not limited in the general permit.
c) The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
Page 14 of 16

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

14) Permittee -The person, firm or organizational entity that signed as the financially responsible
party on the Erosion and Sedimentation Control Plan.
15) Point Source Discharge - Any discernible, confined and discrete conveyance, including but
specifically not limited to, any pipe, ditch, channel, tunnel, conduit, discrete fissure, or container
from which pollutants are or may be discharged to waters of the state.
16) 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.
17) 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
combination of the NCGO 1 Construction General and the Erosion and Sedimentation Control
Plan are considered the SWPPP. It should be noted that on sites that involve multiple or
complex sources of pollution, the Division may require additional control measures as needed to
assure that water quality is protected and these additional measures will also be considered part
of the SWPPP.
18) Temporarily Cease - When all or part of the site that is and will remain un -worked for a
period of days but where site land disturbing activity is not complete and additional land
disturbing activity is planned.
19) 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%.
20) Severe property damage — Substantial physical damage to property, damage to the control
measures that cause them to become inoperable, or substantial and permanent loss of natural
resources that can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in production.
SECTION VIII
N.C. DIVISION OF WATER QUALITY CONTACTS
Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office
2090 U.S. Highway 70 Systel Building, 610 East Center Ave.
Swannanoa, NC 28778 225 Green St., Suite 714 Mooresville, NC 28115
828-296-4500 Fayetteville, NC 28301-5094 704-663-1699
FAX [phone] FAX [phone]
Winston-Salem Regional
Office
585 Waughtown Street
Winston-Salem, NC 27107
336-771-5000
FAX [phone]
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919-791-4200
FAX [phone]
FAX [phone]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
252-946-6481
FAX [phone]
Raleigh Regional Office
Mail to:
1628 Mail Service Center
Raleigh, NC 27699-1628
Page 16 of 16
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
910-796-7215
FAX [phone]