CUMBE-2016-023_ParkwoodNOV_20180905

J
ROY COOPER NORTH CAROLINA
i Governor _ Environmental Quality
MICHAEL S.REGAN
secretary
WILLIAM E.(TOBY)VINSON,JR..
interim Plrector
September 5, 2018
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
AND
I
GENERAL PERMIT -NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 1870 0003 4775 1638
Mohler Investments, LLC
Attn: Lorraine Mohler, Manager
7670 Raeford Rd.
Fayetteville,NC 28304
RE: Project Name: Parkwood
Project ID: CUMBE-2016-023
County: Cumberland
Compliance Deadlines: 15 days from receipt for SPCA violations
15 days from receipt by certified mail for Construction
Stormwater Permit NCG 010000 violations
Dear Ms. Mohler:
On August 29, 2018, personnel of this office inspected a project located on Bunce Road,
Fayetteville, in Cumberland County,North Carolina. This inspection was performed to
North Carolina Department of Euvironmentaletuallty I.Dlvlslon of Energy,Mineral and Land Resources.
Fayetteville Regional Office 1 225 Green Street„Suite 7141 Fayetteville,North Carolina 28301'.
910.43,33300

Notice of Violations
Mohler Investments,LLC
September 5,2018
Page 2 of 5
determine compliance with the North Carolina Sedimentation Pollution Control Act(SPCA) of
1973 and General Permit - NCG 010000 to Discharge Stormwater Under the National Pollutant
Discharge Elimination System for Construction Activities (Construction Stormwater Permit
NCG 010000). The inspection revealed a land-disturbing activity of approximately 1.9 acres
being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the
SPCA, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4
and Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for
the following violations,please notify this office immediately.
The violations of the SPCA that were found are:
1. Failure to conduct a land-disturbing activity in accordance with the approved erosion and
sedimentation control plan, G.S. 113A-57(5).
Land-disturbing activities have commenced without installing and/or maintaining erosion
and sedimentation control measures as shown in the approved plan.
2. Failure when a land-disturbing activity that will disturb more than one acre is undertaken
on a tract, to install sedimentation and erosion control devices sufficient to retain the
sediment generated by the land-disturbing activity within the boundaries of the tract
during construction upon and development of the tract, G.S. 113A-57(3).
Sediment has been deposited in Bunce Road from vehicles exiting the subject site due to
failure to install and/or maintain sedimentation and erosion control devices.
3. Failure to take all reasonable measures to protect all public and private property from
damage by such land-disturbing activities, 15A NCAC 4B .0105.
Additional sedimentation and erosion control measures as shown on the approved plan
have not been installed on the site.
4. Failure to install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the SPCA, and
rules adopted thereunder, during or after the development of a site, 15 NCAC 4B .0113.
The temporary construction entrance installed on site has not been maintained
appropriately to prevent off-site sedimentation.
The violations of the Construction Stormwater Permit NCG 010000 that were found are:
1. Failure to meet self-inspection and reporting requirements,NCG 010000 Section II. B. 3):
a. A rain gauge shall be maintained in good working order on the site
NOV 09062018

Notice of Violations
Mohler Investments,LLC
September 5,2018
Page 3 of 5
b. A written record of the daily rainfall amounts shall be retained and all records shall be
,i made available upon request.
The inspectors did not observe a rain gauge on site at the time of the inspection.
2. Failure to have approved plan and NPDES Permit on site and available for review, NCG
010000 Section III, 3), (d).
The inspectors did not observe copies of the approved plan and NPDES permit on site at
the time of the inspection.
3. Failure to install and maintain BMPs and control measures, NCG 010000 Section III, 4).
The permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the
requirements of this permit.
Not all BMPs and control measures specified in the approved erosion control plan have
been installed on site.
To correct these violations, you must:
1. Install all sedimentation and erosion control measures as shown on the approved plan.
2. Maintain all sedimentation and erosion control measures as specified in the approved plan
and as required to prevent off-site sedimentation.
3. Maintain a rain gauge on site in good working order and record daily rainfall amounts.
4. Provide copies of the approved erosion control plan and NPDES permit on site at all
times.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Interim Director of the Division
of Energy, Mineral and Land Resources (William E. (Toby) Vinson, Jr.) for appropriate
enforcement action, including civil penalty assessments for an initial one-day violation and/or a
continuing violation. The penalty for an initial one-day violation of the SPCA may be assessed
in an amount not to exceed $5,000.00. The Division of Energy, Mineral and Land Resources is
not required to provide a time period for compliance before assessing an initial penalty for the
violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for
the initial day of violations of the SPCA regardless of whether the violations are corrected within
the time period set out below.
In addition, if the violations of the SPCA cited herein are not corrected within 15 calendar days
of receipt of this Notice, this office may request that the Director take appropriate legal action
NOV 09062018

Notice of Violations
Mohler Investments,LLC
September 5,2018
Page 4 of 5
against you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty
may be assessed from the date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1),
and for each day of a continuing violation of the SPCA in an amount not to exceed $5,000.00 per
day.
i
1 Construction Stormwater Permit NCG 010000 Violations
The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred
to the Interim Director of the Division of Energy, Mineral and Land Resources (Director) for
appropriate enforcement action, including civil penalty assessments for a continuing violation.
This Notice serves as a letter of proposed civil penalty assessment. You have 15 calendar days
from receipt of this Notice by certified mail to cease the violations listed above, and to submit in
writing reasons why the civil penalty should not be assessed.
Accordingly, you are directed to respond to this letter in writing within 15 calendar days of
receipt of this Notice by certified mail. Your response should be sent to this regional office at
the letterhead address and include the following:
1. The date by which the corrective actions listed above have been or will be completed.
2. Rainfall data and self-inspection or self-monitoring records from July 15, 2015 to August
31, 2018.
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.
5. Reasons why a civil penalty should not be assessed.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of$25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur.
Please be advised that any new land-disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the SPCA and
Construction Stormwater Permit NCG 010000. When corrective actions are complete, you
should notify this office so that work can be inspected. You should not assume that the project is
in compliance with the SPCA and Construction Stormwater Permit NCG 010000 until we have
notified you. After installation, all erosion control measures must be maintained in proper
working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the SPCA
and Construction Stormwater Permit NCG 010000. Copies of the relevant statute and
administrative rules may be examined at this office or will be sent to you upon request. Should
NOV 09062018

Notice of Violations
Mohler Investments,LLC
September 5,2018
Page 5 of 5
you have questions concerning this notice or the requirements of the SPCA and Construction
Stormwater Permit NCG 010000 please contact either Jason Gill or me at your earliest
convenience.
Sincerely,
Y
{
Timothy L. L ty, PE
Regional Engineer
DEMLR
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
Erosion and Sediment Control Technical Assistance Resources
cc: Toby Vinson, PE, CPESC, CPM, Interim Director and Chief of Program Operations (via
email)
Julie Coco, PE, CPESC, State Sedimentation Specialist(via email)
Annette Lucas, PE, State Stormwater Specialist(via email)
Trent Allen, Regional Supervisor, Division of Water Resources (via email)
Deborah Reese,Administrative Assistant(via email)
Laura Alexander,Administrative Assistant(via email)
DEMLR Regional Office File
NOV 09062018

a
Sediiiieiitation/CoiiSti-LICtiOlI Stormwater Inspection Report
North Carolina Department of Environmental Quality
DEMLR: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094
[phone]
Project#: CUMBE-2016-023 Project Name: Parkwood County: Cumberland
Person financially responsible:Mohler Investments,LLC-Lorraine Mohler,Manager
Address: 2148 Rim Road,Fayetteville,NC 28314
1. Project Location: Bunce Road,Seventy-First River basin: Cape Fear
Pictures: Yes-Digital
2. Weather and soil conditions: Sunny and hot. Soils workable. Initial inspection: No
3. Is site currently under notice of violation? No
4. Is the site in compliance with S.P.C.A.and rules? No If no,check violations below:
5. Violations:
b. Failure to follow approved plan,G.S. 113A-57(5)
e. Insufficient measures to retain sediment on site,G.S. 113A-57(3)
f. Failure to take all reasonable measures, 15A NCAC 4B .0105
j. Failure to maintain erosion control measures, 15 NCAC 413 .0113
o. Failure to maintain rain gauge or record daily rainfall,NCG 010000 Sec.II,13.3(a,b)
r. Failure to have approved plan and NPDES permit on site,NCG 010000 See.III,3(d)
s. Failure to install and maintain BMP's,NCG 010000 Sec.III,4
6. Is the site in compliance with the NPDES Permit? No
Describe: Failure to follow the approved erosion control plan.
- 7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply)
Other Property
Description: Sediment in street
Degree of damage: Slight
8. Contact made with(name): No one Title:
Inspection report: Sent Report Date given/sent: August 31,2018
9. Corrective actions needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan,including
but not limited to silt fences,lined swales,check dams,inlet protection,and energy dissipaters.
2. Install erosion and sediment control devices sufficient to retain sediment on the tract.
3. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage including the following locations:temporary
construction entrance.
4. Maintain a rain gauge in good working order and record daily rainfall amounts.
5. Provide copies of the approved erosion control plan and NPDES permit on site at all times.
10. Comments: See corrective actions. A temporary construction entrance had been installed but the stone had
not been redressed,resulting in sediment being deposited on Bunce Road from exiting
vehicles. Additional stone is needed to prevent sediment from leaving the site. No other
erosion and sedimentation control measures appeared to have been installed.

Sedimentation/Construction Stormwater Inspection Report
North Carolina Department of Environmental Quality
DEMLR: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094
[phone]
1 Sediment is being deposited via runoff in a drainage ditch adjacent to Bunce Road and filling
the culvert at the southwest corner of the property. Steps should be taken to prevent the
accumulation of excess sediment in the culvert,which could reduce drainage flow.
Due to the overall lack of erosion and sedimentation control measures and the occurrence of
off-site sedimentation,a Notice of Violation will be issued to the Responsible Party.
Reported by: Jason Gill - Others present: Chris Baker
Date of inspection: August 29,2018 Time arriving on site: 10:00 AM Time leaving site: 10:30 AM

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT — NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for
CONSTRUCTION ACTIVITIES
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended:
All owners or operators of stormwater point source discharges associated with
construction activities including clearing, grading 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 or to a separate storm sewer system conveying
stormwater to the surface waters in accordance with the terms and conditions set forth
herein. Failure to receive coverage under this permit or violations of any of the
conditions listed may result in assessment of state or federal civil or criminal penalties
for each day of violation.
The General Permit shall become effective on August 1, 2016.
The General Permit shall expire at midnight on July 31, 2018.
Signed this day July 22, 2016
Original Signed by Toby Vinson
for Tracy Davis, Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Page 1 of 16

TABLE OF CONTENTS
Page
3 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.13.4. - Sediment Basins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section II.13.5. -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 . . . . . . . . .I I
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
1
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 stone sewer system. The permit, along with state statutes(N.C.G.S.
143-215.1)and rules(NCAC 2H.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 21-1.0126 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 2H .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
Page 3 of 16

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
1 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
1 Resources or a delegated local government program. The NPDES Construction Stormwater permit
1 (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.
Page 4 of 16

J
j *The individual requirements to be addressed in each E&SC Plan application can be found at
http://portal,ncdenr.org/web/lr/erosion. See"Plan check list for designers."
SECTION H.B. - STORMWATER POLLUTION PREVENTION REQUIREMENTS IN THE
NC CONSTRUCTION GENERAL PERMIT
i
In addition to the stormwater pollution prevention controls found in the E&SC Plan,this Construction
1 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. hi 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 http•//cfvub epa gov/nr)des/stormwater/menuofbmns/index cfm?action�in 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.
Page 5 of 16

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
lground cover as soon as practicable but in any event within 7 calendar days from the last
j) 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:
J 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.
Page 6 of 16

i
e) Inspections are only required to be made during normal business hours. When adverse
1 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 offite 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
Page 7 of 16

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/
4J 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
1 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:
hftp://portal.nedenr.org/web/wcl/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.
i
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.
Page 8 of 16

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 maybe 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;
Page 9 of 16

J
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 21-1.0100; and North Carolina
General Statute 143-215.1 et. seq.
14)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 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
1J 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
liJ 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

1
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
's 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

1
14) Permittee-The person, firm or organizational entity that signed as the financially responsible
parry 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 sormwater
pollution prevention program that provide the technology-based requirements designed to
protect the state's waters from the adverse impacts of sediments. to North Carolina,the
combination of the NCGO1 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 S WPPP.
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 VIH
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] 910-433-3300 FAX [phone]
FAX [phone]
Winston-Salem Regional Washington Regional Office Wilmington Regional Office
Office 943 Washington Square Mall 127 Cardinal Drive Extension
585 Waughtown Street Washington,NC 27889 Wilmington,NC 28405
Winston-Salem,NC 27107 252-946-6481 910-796-7215
336-771-5000 FAX [phone] FAX [phone]
FAX [phone]
Raleigh Regional Office Raleigh Regional Office
3800 Barrett Drive Mail to:
Raleigh,NC 27609 1628 Mail Service Center
919-791-4200 Raleigh,NC 27699-1628
FAX [phone]
Page 16 of 16

ROY COOPER
IL „A Governor 1
3d MICHAEL S. REGAN
Secretary
Mineral WILLIAM E. (TOBY) VINSON, JR.
EnergyM Interim Director
and Land Resources
ENVIRONMENTAL QUALITY
Resources for Technical Assistance- Erosion and Sedimentation Control
Erosion and Sedimentation Control Plan Requirements and Submittal Documents:
DEQ Erosion and Sedimentation Program Website: http://12ortal.nK:denr.org/webzlrlerosion
On this page,you will find the following information:
• Sedimentation Pollution Control Act and Administrative Code (the Law and Rules)
Information regarding any upcoming workshops or training events
• Manuals and Publications,including the Erosion and Sedimentation Pollution
Control Planning and Design Manual. A direct link to the design manual may be
found here:
http://portal.ncdenr.org/web/lr/576
• Downloads and Links,which provide several helpful design calculations
spreadsheets for various E&SC measures
• Forms needed for plan submittal,including the Financial Responsibility/Ownership
form (required) and the Plan Checklist for Designers,which lists all necessary items
for complete plan submittal
• Express Plan Review Options, and the corresponding forms
To Locate a Plan Designer:
The level of design needed for your plan will depend on the specific project conditions. There is no
statutory requirement that erosion and sedimentation control plans be designed by a professional
engineer or any other licensed/certified person. However,persons with these licenses or
certifications are often qualified to prepare and submit adequate erosion and sedimentation control
plans.
The following are provided as references. Directories of licensed or certified individuals may be
found on these websites:
NC Board of Examiners for Engineers&Surveyors: httn•//www.ncbels.org/
NC Board of Licensed Soil Scientists http://www.ncblss.org/
Certified Professionals in Erosion and Sediment Control: http://mm.cl2esc.org/
Ifyou have any other questions, or need additional information,please do not hesitate to contact
your NC DEQ regional office(see reverse side of this sheet). We appreciate your cooperation in
resolving the violations noted during our inspection.
State of North Carolina I Enviroumentat Quality I Energy,Minimal and Land Resources
512 N.Salisbury Street 1 1612 Mail Service Center I Raleigh,NC 27699-1612
910 707 9200

i
Land Quality Section Regional Office Contact information
AYE
Asheville Regional Office Fayetteville Regional Office
2090 US Highway 70 225 Green Street (Systel Building), Suite
Swannanoa,NC 28778 714
[phone] Fayetteville,NC 28301-5094
Regional Engineer: Stan Aiken, PE [phone]
Regional Engineer: Tim LaBounty, PE
Mooresville Regional Office Raleigh Regional Office
610 East Center Avenue 3800 Barrett Drive,Raleigh,NC 27609
Mooresville, NC 28115 Mail: 1628 Mail Service Center
[phone] Raleigh,NC 27699
Regional Engineer: Zahid Khan, CPESC,CPSWQ [phone]
Regional Engineer: Bill Denton, PE
Washington Regional Office Wilmington Regional Office
943 Washington Square Mall 127 Cardinal Drive Extension
Washington,NC 27889 Wilmington,NC 28405
[phone] [phone]
Regional Engineer: Samir Dumper, PE Regional Engineer: Dan Sams, PE
Winston-Salem Regional Office
450 West Hanes Mill Road,Suite 300
Winston-Salem, NC 27105
[phone]
Regional Engineer: Matthew Gantt,PE