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HomeMy WebLinkAboutNCC190833_ESC Approval Submitted_201907039'. RQCKYMOUNT ENGINEERING THE CENTER OF 1T ALL LETTER OF APPROVAL FOR SEDIMENTATION & EROSION CONTROL June 30, 2019 NC Wesleyan College 3400 N. Wesleyan Blvd. Rocky Mount, NC 27804 Re: Project Name: Permit Number: Location: Submitted By: Acres Approved Dear Mr.Sears: NC Wesleyan College Additional Field House Clearing 2019-15 3400 N. Wesleyan Blvd. Appian Consulting Engineers, PA 5.2 acres This office has reviewed the subject erosion and sedimentation control plan sealed by David C. Revoir, PE on June 6, 2019. We find the plan to be acceptable and hereby issue this letter of approval. This letter of approval shall be valid for a period not to exceed twenty-four months or the time required for the proposed construction activities, whichever comes first. Please be advised that Section 801, Sub -section E12 of the City of Rocky Mount's Land Development Code (hereinafter referred to as LDC) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter the notice required by the LDC, Section 802, Sub -section Q 1 of our right of periodic inspection to ensure compliance with the approved plan. The City of Rocky Mount's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural resources and adjoining properties. If following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Soil Erosion and Sedimentation Control Ordinance of the City of Rocky Mount (Section 801 of the LDC, also NCGS 113A-51 through 66,) this office will require revisions to the plan and implementation of the revisions to ensure compliance with the Ordinance. Performance Reservations for this plan are included as part of this approval. The (252) 972-1121 1 331 S. Franklin St.. PO Box 1180, Rocky Mount, NC 27BO2-1180 1 www.rDckyrnountnu.gov developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take additional steps necessary to stop sediment from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out, is necessary anytime the device is at 50% capacity. Please be aware that this approval is based in part on the accuracy of the information in the Financial Responsibility/Ownership Form, which you have provided. You are required to file an amended form if there is any change in the information included on the form. Also, please note that this approval does not relieve the permittee of the responsibility to obtain any other Federal, State, or Local approvals or permits. The responsible party may need to contact the appropriate Federal, State, and Local agencies prior to beginning work. This approval does not permit the construction of any impervious surface, nor does it allow for the placement of fill in any area for which a floodplain development permit is required. In addition, LDC Section 801-E10 requires that you notify this office of the proposed starting date for this project. Your cooperation is appreciated, and we look forward to working with you on this proj ect. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCGO1. Please direct questions about the NOI form to Annette Lucas at Annette.lucaskncdenr.gov or Paul Clark at Paul. clarkkncdenr. gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGO 1 permit. However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. Title 15A NCAC 413 .0118(a) and the NCGO1 permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCGO1 permit and the COC, once it is received. 3. Records of inspections made during the previous 30 days. �252) 972-1325 / 331 S. Franklin St., PO Box 1180, Rocky Mount, NC 27802-1180 / www.rockymountnc.gov2 Also, this letter gives the notice required by G.S. I I3A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. It would be very beneficial if you would complete the e-NOI submittal process as soon as you receive this letter for the subject site. Please visit: htlps:Hdeg.nc.gov/NCGOI The General Contractor or delegated agent is required to set up a Pre -construction meeting (before construction begins) with the Control Inspector. Sincerely, Donald M. Perry, P.E. Assistant City Engineer — Water Resources Enclosures: NCDENR DWQ NPDES Permit — Please read carefully Self -Inspection Form cc: David Revoir, PE — Appian Consulting Engineers, PA Bill Pridgen & Allen Goff - Construction Inspector, City of Rocky Mount �252) 972-1325 / 331 S. Franklin St., PO Box 1180, Rocky Mount, NC 27802-1180 / www.rockymountnc.gov3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM fo r: Construction Activities that are also Subject to the North Carolina Sedimentation Pollution Control Act of 1973 In compliance with the provisions of North Carolina General Statute (G.S.) 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. Coverage under General Permit No. NCG010000, hereafter referred to as NCG01, is applicable to: All owners or operators of stormwater point source discharges associated with construction activities including clearing, grading, or excavation activities resulting in the disturbance of land greater than or equal to one acre, or that are part of a common plan of development of that size that are also subject to the North Carolina Sedimentation Pollution Control Act of 1973 (SPCA), are hereby authorized to discharge stormwater to the surface waters in accordance with the terms and conditions set forth herein. Failure to receive coverage under this permit or violations of any of the conditions listed may result in assessment of state or federal civil or criminal penalties for each day of each violation. The General Permit shall become effective on April 1, 2019. The General Permit shall expire at midnight on March 31, 2024. Signed this day March 29, 201, S. Damel Smith Interim Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCG010000 TABLE OF CONTENTS PART I NCGOl PERMIT COVERAGE PART It STORMWATER POLLUTION PREVENTION PLAN Section A: Required Components of the Erosion and Sedimentation Control Plan 1. Location Information 2. Narrative and Construction Sequence 3. General Site Features 4. Site Drainage Features S. Plans Showing E&SC Measures 6. Calculations 7. Vegetative Stabilization Shown on Plans 8, Documentation Section B: Design and Construction Standards for Erosion and Sediment Control Measures 1. Objective of E&SC Measures 2. Area to Be Covered by the E&SC Plan 3. Angle for Graded Slopes 4. Upslope Areas S. Design Standard for E&SC Measures 6. Calculation Method 7. Stormwater Outlets 8. Stormwater Conveyances 9. Sediment Basin Outlet Structures 9. Lower Portions of the Site Section C: Additional Design and Construction Standards in High Quality Water (HQW) Zones 1. Extent of the HQW Zone 2. Disturbed Area Limits in HQW Zones 3, Additional Sediment Basin Requirements in HQW Zones 4, Open Channels in HQW Zones Section D. Construction Activity Buffers 1. Buffers in Non -Trout Waters 2. Buffers in Trout Waters Permit No. NCGO10000 Section E: Ground Stabilization 1. Ground Stabilization Timelines 2. Permanent Ground Stabilization Timeline Section F: Materials Handling 1. Polyacrylamides (PAMS) and Flocculants 2. Equipment Fluids 3. Waste Materials 4. Herbicide, Pesticide, and Rodenticides S. Concrete Materials 6. Earthen Material Stock Piles Section G: Operation and Maintenance 1. Plan Deviations 2. Operation and Maintenance 3. Corrective Actions 4. Maintenance of Sediment Basins S. Bypass of E&SC Measures 6. Upset of E&5C Measures 7. Compliance with the Turbidity Standard PART III SELF -INSPECTION, RECORDKEEPING AND REPORTING Section A. Self -Inspection Section B: Recordkeeping 1. E&SC Plan Documentation 2. Additional Documentation to be Kept on Site 3. Documentation to be Kept for Three Years Section C: Reporting 1. Occurrences that Must be Reported 2. Reporting Timeframes and Other Requirements PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A: Compliance and Liability 1. Continuation of Previously Permitted Projects 2. Projects Submitted Prior to this Permit's Effective Date 3. Duty to Comply 4, Non-Stormwater Discharges ii Permit No. NCG010000 S. Test Procedures 6. Duty to Mitigate 7. Need to Halt or Reduce Not a Defense 8. Civil and Criminal Liability 9. Oil and Hazardous Substance Liability 10. Property Rights 11. 5everability 12. Duty to Provide Information 13. Inspection and Entry 14. Penalties for Tampering 15. Penalties for Falsification of Reports 16. Onshore or Offshore Construction 17. Duty to Reapply 18. Planned Changes 19. Anticipated Noncompliance Section B: Permit Administration 1, General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Impacts or Potential Impacts to Surface Waters or Wetlands 6. Signatory Requirements 7. General Permit Modification, Revocation and Reissuance, or Termination 8. Certificate of Coverage Actions 9. Annual Administering and Compliance Monitoring Fee Requirements 10. Availability of Reports 11. Omissions PART V DEFINITIONS Permit No. NCG010000 PART I — NCG01 PERMIT COVERAGE This permit applies to all owners or operators of stormwater discharges associated with construction activities such as clearing, grading, and excavation, that result in the disturbance of a land area greater than or equal to one acre, or that are part of a common plan of development of that size or greater that are also subject to the North Carolina Sedimentation Pollution Control Act of 1973 (SPCA). This permit may also be issued to stormwater discharges from like activities deemed by the Division of Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in process or stormwater discharges. This permit shall not apply to land -disturbing activities that are covered under the NCG020000 (Mining Activities) permit or the NCG120000 (Landfills) permit. The SPCA requires that the persons engaged in subject construction activities develop and adhere to an Erosion and Sedimentation Control (E&SC) Plan. The Sedimentation Control Commission and DEMLR have created and adopted a North Carolina Erosion and Sediment Control Planning and Design Manual describing recommended sedimentation control techniques for construction activities. A person seeking coverage under this .permit shall take the following steps in the following order: 1. Develop an E&SC plan that adheres to the SWPPP requirements of this permit, the SPCA and 15A NCAC 048.0101-.0132. The North Carolina Erosion and Sediment Control Planning and Design Manual shall be used as guidance in meeting the applicable requirements. 2. Obtain approval of the E&SC plan by either DEMLR or the appropriate state delegated local entity (hereafter known as the "E&SC plan authority"). 3. Submit an electronic Notice of Intent (e-NOI) to DEMLR with documentation of the E&SC plan approval scanned and uploaded. The e-N01 is available at https://deq.nc,gov/NCG01. In addition, pay the general annual permit fee provided for in § 143-215.31). DEMLR shall email the COC within three business days (or 24 business hours for a project being reviewed under DEMLR's Express review program) after the submittal of a complete and correct e-NOI and the receipt of the general permitting fee. 4. Commence the construction activity after receipt of the COC. 5. Abide by the conditions of both the NCG01 permit and the E&SC plan until completion of the construction activity and establishment of permanent ground stabilization. 6. Contact the E&SC plan authority after construction is complete and the site is permanently stabilized, contact the E&SC plan authority for the final/close out inspection of the E&SC plan. 7. Submit an electronic Notice of Termination (e-NOT) with a scan of the close-out inspection report uploaded. The e-NOT is available at httl2s:/Ideq.nc.gov/NCG01. DEMLR shall email confirmation of the close-out of the COC within three business days after the submittal of a complete and correct e-NOT. 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 (1SA NCAC 026.0200). Discharges allowed by this permit must meet all applicable water quality certification or permit requirements as outlined in 15A NCAC 02H .0500 and 02H .1300. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. This General Permit does not cover any other point source discharge to surface waters of the state, nor does it cover activities or discharges that are covered by an individual NPDES permit. Any owner or operator of a subject construction activity not wishing to be covered or limited by this General Permit may apply for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 02H .0100, stating the reasons supporting the request. Any application for an individual permit Page 1 of 26 Permit No. NCGO10000 should he made at least 180 days prior to the time the permit is needed unless waived by the Director (see Part IV Section B of this permit). PART II - STORMWATER POLLUTION PREVENTION PLAN The Stormwater Pollution Prevention Plan for this permit shall include the approved Erosion and Sedimentation Control (E&SC) Plan as well as any requirements in this Part that exceed the approved E&SC Plan. Items that are required in the SWPPP but are not part of the approved E&SC Plan may include, at a minimum, Section E, Item (2) [Required TimeframesforTemporary Ground Stabilization], Section F [Materials Handling]. DEMLR provides two sample plan sheets that permittees may add to their E&SC Plan set to fulfill Sections E(2) and F of this permit at https: C/deq.nc.gov/NCGO1. Recommendations for preparing the E&SC plan as well as for designing, constructing, and maintaining the erosion and sedimentation control practices are contained in the North Carolina Erosion and Sediment Control Planning and Design Manual. SECTION A: REQUIRED COMPONENTS OF THE STORMWATER POLLUTION PREVENTION PLAN The E&SC Erosion and Sedimentation Control Plan shall include, at a minimum, the following components and those components shall be in compliance with all conditions of this permit. Bard and/or digital copies shall be submitted in accordance with the specifications of the E&SC plan authority. 1. Location Information Project location & labeled vicinity map (roads, streets, landmarks) North arrow and scale Identification of the River Basin A copy of site disturbed area located on applicable USGS quadrangle and hardbound copy of the NRCS Soils maps to scale Latitude and longitude (in decimal degrees) at the project entrance 2. Narrative and Construction Sequence Narrative describing the nature & purpose of the construction activity Construction sequence related to erosion and sediment control (including installation of critical measures prior to the initiation of the land -disturbing activity & removal of measures after areas they serve are permanently stabilized). Address all phases of construction and necessary practices associated with temporary stream bypasses and/or crossings Estimated start and end dates 3. General Site Features Property lines Existing and proposed contours (topographic lines) Stockpiled topsoil or subsoil locations Limits of disturbed area (with acreage labeled) within which all construction, material storage, grading, and related activities occur, including the following items as applicable: • Access to E&SC measures, lots that will be disturbed, and utilities that may extend offsite. • Temporary access and haul roads, other than public roads, constructed or used in connection with the land -disturbing activity Page 2 of 26 Permit No. NCG010000 • Borrow and waste areas created by the applicant. If the land -disturbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered separate land -disturbing activities • Offsite borrow pits if the borrow pit is a construction support activity to the development Planned and existing building locations and elevations, if applicable Planned & existing road locations & elevations, including temporary access roads, if applicable Profiles of streets, utilities, and permanent ditch lines, if applicable Lot lines and/or building numbers, if applicable Easements and drainageways, particularly required for offsite affected areas, if applicable Location and details associated with any onsite stone crushing or other processing of material excavated, if applicable. A mining permit will be required if the affected area associated with excavation, processing, stockpiles and transport of such materials comprises one or more acres, and materials will be leaving the development tract 4. Site Drainage Features Existing and planned drainage patterns (include off -site areas that drain through project and address temporary and permanent conveyance ofstormwater over graded slopes) Drainage area map Surface waters, including the limits of wetlands, streams, lakes and ponds and all required local or state buffer zones as well as impact maps by the construction activity to these sensitive areas. Method used to determine acreage of land being disturbed and drainage areas to all proposed E&SC measures (e.g. delineation map) Size, pipe material and location of culverts and sewers Soil information throughout the site and below culvert storm outlets, including soil type and special characteristics Name and classification of receiving water course where discharges are to occur Plans Showing E&SC Measures Legend [provide appropriate symbols for all measures and reference them to the construction details] Location of temporary and permanent E&SC measures Location of permanent stormwater quality and quantity control measures Construction drawings and details for temporary and permanent measures, including outlet structures. Show measures to scale on plan and include proposed contours where necessary. Ensure design storage requirements are maintained through all phases of construction. Specifications for ground stabilization Maintenance requirements for measures Contact person responsible for maintenance, if the permittee wishes to designate one. if not, the financially responsible organization will be the contact for maintenance. A note stating that material handling procedures for the items required in Part 11, Section F will be followed. Standard details for structural BMPs to be installed to manage the anticipated materials listed in Part 11, Section F such as construction debris management, concrete washout, paint washout, petroleum product storage and pesticide/herbicide handling, along with spill prevention practices. 6. Calculations Calculations for peak discharges of runoff from each outlet at pre -development, during construction and at completion. Provide all supporting data for the computation methods used (rainfall data for required storm events, time of concentration/storm duration, and runoff coefficients). Page 3 of 26 Permit No. NCGO10000 Design calculations for culverts and storm sewers (include headwater, tailwater and outlet velocities) Discharge and velocity calculations for open channel and ditch flows (easement & rights -of -way) Design calculations for cross sections and method of stabilization for existing and planned channels (include temporary linings). Include appropriate permissible velocity and shear stress. Design calculations and construction details for energy dissipaters below culvert and storm sewer outlets (include stone/material specs & apron dimensions). Avoid discharges on fill slopes. Design calculations and dimensions for sediment traps and basins Total and disturbed drainage areas for silt fencing and other sediment controls 7. Vegetative Stabilization Shown on Plans Area & acreage to be stabilized with vegetation Method of soil preparation Seed type & rates (temporary & permanent) Fertilizer type and rates Mulch type and rates (include mulch anchoring methods) 8. Documentation Completed, signed & notarized Financial Responsibility/Ownership Form Certificate of assumed name, if the owner is a partnership Name of Registered Agent (if applicable) Copy of the most current Deed for the site. Please make sure the deed(s) and ownership information are consistent between the plan sheets, local records and this form. Provide latitude & longitude (in decimal degrees) at the project entrance. Army Corps 404 permit and Water Quality 401 certification, if required for project, or a complete application if these items are not yet issued. DWR Buffer Authorization, if required for project Copies of any recorded easements and/or agreements with adjoining property owners for landlocked parcels SECTION B: DESIGN AND CONSTRUCTION STANDARDS FOR EROSION AND SEDIMENT CONTROL MEASURES 1. Objective of E&SC Measures E&SC Measures shall be designed and constructed to prevent off -site sedimentation damage. 2. Area to Be Covered by the E&SC Plan The E&SC plan shall include the limits of disturbed area within which all construction, material storage, grading, and related activities occur, including the following items as applicable: (a) Access to E&SC measures, lots that will be disturbed, and utilities that may extend offsite, (b) Temporary access and haul roads, other than public roads, constructed or used in connection with the land -disturbing activity (c) Borrow and waste areas created by the applicant. If the land -disturbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered separate land -disturbing activities (d) Offsite borrow pits if the borrow pit is a construction support activity to the development 3. Angle for Graded Slopes Page 4 of 26 Permit No. NCGO10000 The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other erosion control devices or structures. (NCGS 113A-57(2)) 4. Upslope Areas Runoff originating upslope of the disturbed areas shall be either diverted away from the construction activity or E&SC measures shall be sized sufficiently to handle the runoff. Any diversion measures shall be shown on the plans. 5. Design Standard for E&SC Measures Plans shall include measures necessary to prevent erosion at the limit of disturbance during the 10- year storm or the 25-year storm in HQW Zones and the Falls Lake Watershed. 6. Calculation Method Hydrologic calculations for designing E&SC measures shall be in accordance with the procedures in the United States Department of Agriculture, Natural Resources Conservation Service's "National Engineering Field Manual Handbook 630" which is herein incorporated by reference including subsequent amendments and editions, and may be accessed at: https://www.nres.usda.gov/wps/portalJnres detailfulI/national/water/manage/hydrology/?cid=s telprdh l043063 or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. 7. Stormwater Conveyances Any increase in stormwater runoff velocity resulting from a land -disturbing activity shall not result in accelerated erosion of the receiving stormwater conveyance during the 10-year storm or the 25- year storm in HQW Zones. The following additional requirements apply to stormwater conveyances: (a) The velocity in the receiving stormwater conveyance shall not exceed the maximum permissible velocity per Table 1 except for sinuous channels. For sinuous channels, multiply allowable velocity in Table 1 by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels Table 1: Maximum Permissible Velocities Stormwater conveyance in -situ material Maximum Permissible Velocity Feet per second Meters per second Fine sand (noncolloidal) 2.5 0.8 Sandy loam (noncolloidal) Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Alluvial silts (noncolloidal) Fine gravel 5.0 1.5 Stiff clay (very colloidal) Alluvial silts (colloidal) Graded, silt to cobbles (colloidal) 5.5 1.7 Cobbles and shingles Coarse gravel (noncolloidal) 6.0 1.8 Shale and hard pans (b) Conveyances may be stabilized by planting vegetation, enlarging cross sections, and/or providing erosion -resistant lining. Any erosion -resistant linings shall be shown on the plans. 8. Sediment Basin Outlet Structures Sediment basins and traps with drainage areas of one acre or greater shall use outlet structures that withdraw water from the surface. Page 5 of 26 Permit No. NCG010000 9. Lower Portions of the Site Portions of a site that are lower in elevation than adjacent discharge locations and are not expected to discharge during construction may be exempt from the temporary ground cover requirements if identified on the approved E&SC plan or added by the E&SC plan authority. SECTION C; ADDITIONAL DESIGN AND CONSTRUCTION STANDARDS IN HIGH QUALITY WATER (HQW) ZONES 1. Extent of the HQW Zone HQW Zones are those areas in the 20 Coastal Counties that are within 575 feet of High Quality Waters and for the remainder of the state, areas that are within one mile of and drain to HQWs. 2. Disturbed Area Limits in HQW Zones Disturbed areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the construction activity within a HQW zone shall be subject to the 20-acre limit. Larger disturbed areas may be allowed with the written approval of the Director upon providing adequate engineering justification with a specific construction sequence that addresses phasing, limited exposure, weekly submitted self -inspection reports and/or more conservative design than the 25-year storm. The Director may also include other conditions as necessary based on specific site conditions. 3. Additional Sediment Basin Requirements in HQW Zones Sediment basins that discharge to HQW Zones shall be designed and constructed to meet the following criteria unless the permittee demonstrates to the E&SC plan authority that meeting each of the basin design conditions below would result in design or operational hardships. Alternative control measures, such as quicker application of ground cover or use of sediment flocculants, shall be allowed as a substitute on a case -by -case basis if it can be shown that use of the alternate practices is expected to result in an equal or better sediment discharge reduction from the site. (a) Use a surface withdrawal mechanism except when the basin drainage area is less than 1.0 acre. (b) Have a minimum of 1800 cubic feet per of storage area per acre of disturbed area. Cc) Have a minimum surface area of 325 square feet per cfs for the peak flow from the 25-year storm. (d) Have a minimum dewatering time of 48 hours. (e) Incorporate three baffles unless the basin is less than 20 feet in length, in which case two baffles are sufficient. 4. Open Channels in HQW Zones Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. The angle for side slopes shall be sufficient to restrain accelerated erosion. Page 6 of 26 Permit No. NCG010000 SECTION D: CONSTRUCTION ACTIVITY BUFFERS The requirements in Section D below shall not apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse (NCGS 113A-57). 1. Buffers in Non -Trout Waters Unless wider buffers are required per NC rules or statutes, the width of the buffer shall be sufficient to confine visible sedimentation to the 25 percent of the strip closest to the land -disturbing activity. The width of a buffer adjacent to a non -trout water shall be measured from the edge of the water to the nearest edge of the disturbed area. Recommended buffer widths to achieve this standard are shown in Table 2 below. Table 2: Recommended Buffer Widths Slope of Buffer [%) Recommended Width of Undisturbed Vegetation Adjacent to Non -Trout Waters 0-1 15 feet 1-3 20 feet 3-5 25 feet a5 25 feet+ (% of slope - 5) 2. Buffers in Trout Waters Unless wider buffers are required per NC rules or statutes, the minimum width for an undisturbed buffer adjacent to trout waters shall be 25 feet. The width of a buffer adjacent to a trout water shall be measured horizontally from the top of bank to the nearest edge of the land -disturbing activity. However, the Sedimentation Control Commission may approve plans that include land -disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. (NCGS 113A-57(1)). SECTION E: GROUND STABILIZATION 1. Ground Stabilization Timelines Ground stabilization shall be achieved on any area of a site where land disturbing activities have ceased within the timeframes listed in Table 3 below. It is recommended to stabilize the ground more quickly if practicable. Extensions of time may be approved by the E&SC plan authority based on weather or other site -specific conditions that make compliance impracticable. Portions of a site that are lower in elevation and not expected to discharge during construction may he exempt from the temporary ground cover requirements if identified on the E&SC plan and approved by the E&SC plan authority. Page 7 of 26 Permit No. NCG010000 Table 3: Required Ground Stabilization Timeframes Stabilize within Site Area this many calendar Timeframe Variations Description days alter ceasing land disturbance "I., (a) Perimeter dikes, 7 None swales, ditches, and perimeter slopes 7 None (b) High Quality Water (HQW) Zones • If 10' less in length 7 slopes are or and are not (c) Slopes steeper than s are allowed steeper than 2:1, 14 days p Y 3:1 • 7 days for slopes greater than 50' in length and with slopes steeper than 4:1 14 + 7 days for perimeter dikes, swales, ditches, (d) Slopes 3:1 to 4:1 perimeter slopes, and HQW zones • 10 days for the Falls Lake Watershed • 7 days for perimeter dikes, swales, ditches, 14 perimeter slopes, and HQW Zones (e) Areas with slopes • 10 days for the Falls lake Watershed unless flatter than 4:1 there is zero slope. 2, Permanent Ground Stabilization Timeline After the permanent cessation of construction activities, any areas with temporary ground stabilization shall be converted to permanent ground stabilization as soon as practicable but in no case longer than 90 calendar days after the last land disturbing activity. Temporary ground stabilization shall be maintained in a manner to render the surface stable against accelerated erosion until permanent ground stabilization is achieved. SECTION F: MATERIALS HANDLING Any structural controls installed to manage construction materials stored or used on site shall be included in the field copy of the E&SC plan. Requirements for handling materials on construction sites shall be as follows: 1. Polyacrylamides (PAMS) and Flocculants Polyacrylamides (PAMS) and focculants shall be: (a) stored in leak -proof containers that are kept under storm -resistant cover or surrounded by secondary containment structures designed to protect adjacent surface waters, (b) selected from the NC DWR List of Approved PAMS/Flocculants list, available at: https:llfiles,nc.gov/ncdeq/Water%20Qualiiy/Environmental020Sciences ATII A rovedPAM S4 1 2017.pdf. and Page 8 of 26 Permit No. NCG010000 (c) used at the concentrations specified in the NC DWR List ofApproved PAMS/Flocculants and in accordance with the manufacturer's instructions. 2. Equipment Fluids (a) Fuels, lubricants, coolants, and hydraulicfluids, and other petroleum products shall be handled and disposed of in a manner so as not to enter surface or ground waters and in accordance with applicable state and federal regulations. Equipment used on the site must be operated and maintained properly to prevent discharge of fluids. (b) Equipment, vehicle, and other wash waters shall not be treated in a sediment basin or sediment trap. Alternative controls should be provided such that there is no discharge of soaps, solvents, or detergents. 3. Waste Materials (a) Building material and land clearing waste shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules governing the disposal of solid waste (15A NCAC 1313). Areas dedicated for managing building material and land clearing waste shall be at least 50 feet away from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. (b) Paint and other liquid building material waste shall not be dumped into storm drains. It is recommended to locate paint washouts at least 50 away from storm drain inlets unless there is no alternative. Other options are to install lined washouts to use portable, removable bags or bins. (c) Hazardous or toxic waste shall be managed in accordance with the federal Resource Conservation and Recovery Act (RCRA) and NC Hazardous Waste Rules at 15A NCAC, Subchapter 13A. (d) Litter and sanitary waste shall be managed in a manner to prevent it from entering waters and shall be disposed of offsite. 4. Herbicide, Pesticide, and Rodenticides Herbicide, pesticide, and rodenticides shall be stored and applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act and label restrictions. 5. Concrete Materials Concrete materials onsite, including excess concrete, shall be controlled and managed to avoid contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be discharged from the site. (Note that discharges from onsite concrete plants require coverage under a separate NPDES permit - NCG140000.) Any hardened concrete residue will be disposed of, or recycled on site, in accordance with local and state solid waste regulations. 6. Earthen Material Stock Piles Earthen material stock piles shall be located at least 50 feet away from storm drain inlets and surface waters unless no other alternatives are reasonably available. SECTION G: OPERATION AND MAINTENANCE 1. Modifications to the E&SC Plan Modifications to the approved E&SC plan that require changes to the E&SC measure designs, the drainage areas, or the disturbed areas draining to E&SC measures shall be approved by the E&SC plan authority. Deviations from the approved E&SC plan, or approved revised E&SC plan, shall constitute a violation of this permit unless the deviation is to correct an emergency situation where sediment is being discharged off the site. The E&SC plan authority may allow deviations from the E&SC plan on a case -by -case basis if the deviations are minor adjustments to Page 9 of 26 Permit No. NCG010000 address minor deficiencies. A minor adjustment shall be the addition of E&SC measures (e.g., silt fence, inlet protection, check dams, rolled erosion control practices, etc.), or the relocation of E&SC measures that would improve the overall stormwater management and sediment control onsite. Minor adjustments shall be noted on the approved E&SC plan and maintained at the job site. 2. Operation and Maintenance The permittee shall install and maintain all temporary and permanent E&SC measures as required by this permit and the approved E&SC plan. 3. Corrective Actions If self=inspections required by this permit identify a need for maintenance of control measures, modifications or additions to control measures, or corrective actions to control sediment or other pollutants, these actions shall be performed as soon as possible considering adverse weather and site conditions. 4. Draw Down of Sediment Basins for Maintenance or Close Out Sediment basins and traps that receive runoff from drainage areas of one acre or more shall use outlet structures that withdraw water from the surface when these devices need to be drawn down for maintenance or close out unless this is infeasible. The circumstances in which it is not feasible to withdraw water from the surface shall be rare (for example, times with extended cold weather). Non -surface withdrawals from sediment basins shall be allowed only when all of the following criteria have been met: (a) The E&SC Plan authority has been provided with documentation of the non -surface withdrawal and the specific time periods or conditions in which it will occur. The non -surface withdrawal shall not commence until the E&SC plan authority has approved these items, (b) The non -surface withdrawal has been reported as an anticipated bypass in accordance with Part III, Section C, Item (2)(c) and (d) of this permit, (c) Dewatering discharges are treated with controls to minimize discharges of pollutants from stormwater that is removed from the sediment basin. Examples of appropriate controls include properly sited, designed and maintained dewatering tanks, weir tanks, and filtration systems, (d) Vegetated, upland areas of the sites or a properly designed stone pad is used to the extent feasible at the outlet of the dewatering treatment devices described in Item(c) above, (e) Velocity dissipation devices such as check dams, sediment traps, and riprap are provided at the discharge points of all dewatering devices, and {f) Sediment removed from dewatering treatment devices described in Item(c) above is disposed of in a manner that does not cause deposition of sediment into waters of the united States. S. Bypass of E&SC Measures Diversions of stormwater from E&SC measures when the design storm has not been exceeded are not allowed. Bypasses of E&SC measures shall be reported in accordance with Part III, Section C, Item (2)(c) and (d) of this permit. 6. Unavoidable Bypass for Public Safety A bypass may be allowed by the Director if the Director determines that all of the following conditions were met: (a) The bypass is unavoidable to prevent loss of life, personal injury or severe property damage, (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgement to prevent a bypass Page 10 of 26 Permit No. NCGO10000 which occurred during normal periods of equipment downtime or preventative maintenance, and (c) the permittee submitted a notice of the bypass per the record -keeping requirements in Part III, Section C, Item (2)Cc) and (d) of this permit. 7. Upset of E&SC Measures Diversions of stormwater from E&SC measures may be considered as an upset if the permittee can demonstrate that all of the following conditions have been met. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. (a) The permittee submitted notice of the upset as required in this general permit and identifies the cause(s) of the upset. (b) The permittee demonstrates that the upset was not caused by operational error, improperly designed treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Cc) The permittee agrees to take remedial measures if necessary. Page 11 of 26 Permit No. NCGO10000 PART III SELF -INSPECTION, RECORDKEEPING AND REPORTING SECTION A. SELF -INSPECTIONS Self -inspections are required during normal business hours in accordance with the table below. When adverse weather or site conditions would cause the safety of the inspection personnel to be in jeopardy, the inspection may be delayed until the next business day on which it is safe to perform the inspection. In addition, when a storm event of equal to or greater than 1.0 inch occurs outside of normal business hours, the self -inspection shall be performed upon the commencement of the next business day. Any time when inspections were delayed shall be noted in the inspection record. Table 4: Self -Inspection Requirements Frequency Inspect (during normal Inspection records must include: business hours (1) Rain gauge Daily Daily rainfall amounts. maintained in If no daily rain gauge observations are made during weekend or good working holiday periods, and no individual -day rainfall information is order available, record the cumulative rain measurement for those un- attended days (and this will determine if a site inspection is needed). nays on which no rainfall occurred shall be recorded as "zero." The permittee may use another rain -monitoring device approved by the Division. (2) E&5C At least once per 1. Identification of the measures inspected, Measures 7 calendar days 2. Date and time of the inspection, and within 24 3. Name of the person performing the inspection, hours of a rain 4. Indication of whether the measures were operating event > 1.0 inch properly, in 24 hours 5. Description of maintenance needs for the measure, 6. Description, evidence, and date of corrective actions taken. (3) Stormwater At least once per 1. Identification of the discharge outfalls inspected, discharge 7 calendar days 2. Date and time of the inspection, outfalls (SDOs) and within 24 3. Name of the person performing the inspection, hours of a rain 4. Evidence of indicators of stormwater pollution such as oil event > 1.0 inch sheen, floating or suspended solids or discoloration, in 24 hours 5. Indication of visible sediment leaving the site, 6. Description, evidence, and date of corrective actions taken. (4) Perimeter At least once per If visible sedimentation is found outside site limits, then a record of site 7 calendar days of the following shall be made: and within 24 1. Actions taken to cleanup or stabilize the sediment that has left hours of a rain the site limits, event > 1.0 inch 2. Description, evidence, and date of corrective actions taken, and in 24 hours 3. An explanation as to the actions taken to control future releases. (5) Streams or At least once per If the stream or wetland has increased visible sedimentation or a wetlands onsite 7 calendar days stream has visible increased turbidity from the construction or offsite and within 24 activity, then a record of the following shall be made: (where hours of a rain 1. Description, evidence and date of corrective actions taken, and accessible) event > 1.0 inch 2. Records of the required reports to the appropriate Division in 24 hours Regional Office per Part III, Section C, Item (2)(a) of this permit of this permit. Page 12 of 26 Permit No. NCG010000 (6) Ground After each phase 1. The phase of grading (installation of perimeter E&SC stabilization of grading measures, clearing and grubbing, installation of storm measures drainage facilities, completion of all land -disturbing activity, construction or redevelopment, permanent ground cover). 2. Documentation that the required ground stabilization measures have been provided within the required timeframe or an assurance that they will be provided as soon as possible. NOTE: The rain inspection resets the required 7 calendar day inspection requirement. SECTION B: RECORDKEEPING 1. E&SC Plan Documentation The approved E&SC plan as well as any approved deviation shall be kept on the site. The approved E&SC plan must be kept up-to-date throughout the coverage under this permit. The items listed in Table S pertaining to the E&SC plan shall be kept on site and available for inspection at all times during normal business hours. Table S: Recordkeeping Requirements Item to Document Documentation Requirements (a) Each E&SC measure has been installed and Initial and date each E&SC measure on a copy of the does not significantly deviate from the approved E&SC plan or complete, date and sign an locations, dimensions and relative elevations inspection report that lists each E&SC measure shown on the approved E&SC plan. shown on the approved E&SC plan. This documentation is required upon the initial installation of the E&SC measures or if the E&SC measures are modified after initial installation. (b) A phase of grading has been completed. Initial and date a copy of the approved E&SC plan or complete, date and sign an inspection report to indicate completion of the construction phase. (c) Ground cover is located and installed Initial and date a copy of the approved E&SC plan or in accordance with the approved E&SC complete, date and sign an inspection report to Plan. indicate compliance with approved ground cover specifications. (d) The maintenance and repair Complete, date and sign an inspection report requirements for all E&SC measures have been performed. (e) Corrective actions have been taken to Initial and date a copy of the approved E&SC plan or E&SC measures. complete, date and sign an inspection report to indicate the completion of the corrective action. 2. Additional Documentation to be Kept on Site In addition to the E&SC plan documents above, the following items shall be kept on the site and available for inspections at all times during normal business hours, unless the Division provides a site -specific exemption based on unique site conditions that make this requirement not practical: (a) This General Permit as well as the Certificate of Coverage, after it is received. (b) Records of inspections made during the previous twelve months. The permittee shall record the required observations on the Inspection Record Form provided by the Division or a similar inspection form that includes all the required elements. Use of electronically -available records Page 13 of 26 Permit No. NCGO10000 in lieu of the required paper copies will be allowed if shown to provide equal access and utility as the hard -copy records 3. Documentation to be Retained for Three Years All data used to complete the e-NOI and all inspection records shall be maintained for a period of three years after project completion and made available upon request [40 CFR 122,41] SECTION C. REPORTING 1. Occurrences that Must be Reported Permittees shall report the following occurrences: (a) Visible sediment deposition in a stream or wetland. (b) Oil spills if: + They are 25 gallons or more, + They are less than 25 gallons but cannot be cleaned up within 24 hours, • They cause sheen on surface waters (regardless of volume), or • They are within 100 feet of surface waters (regardless of volume). Cc) Releases of hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4) or G.S. 143-215.85. (d) Anticipated bypasses and unanticipated bypasses. (e) Noncompliance with the conditions of this permit that may endanger health or the environment- 2. Reporting Timeframes and Other Requirements After a permittee becomes aware of an occurrence that must be reported, he shall contact the appropriate Division regional office within the timeframes and in accordance with the other requirements listed in Table 6 below. Occurrences outside normal business hours may also be reported to the Department's Environmental Emergency Center personnel at (800) 858-0368, Table 6: Reporting Requirements Occurrence Reporting Timeframes After Discovery) and Other Requirements (a) Visible sediment + Within 24 hours, an oral or electronic notification. deposition in a • Within 7 calendar days, a report that contains a description of the stream or wetland sediment and actions taken to address the cause of the deposition. Division staff may waive the requirement for a written report on a case - by -case basis. a If the stream is named on the NC 303(d)1ist as impaired for sediment -related causes, the permittee may be required to perform additional monitoring, inspections or apply more stringent practices if staff determine that additional requirements are needed to assure compliance with the federal or state impaired -waters conditions. (b) Oil spills and • Within 24 hours, an oral or electronic notification. The notification shall release of hazardous include information about the date, time, nature, volume and location of substances per Item the spill or release. 1 b - c above (c) Anticipated • A report at least ten days before the date of the bypass, if possible. The bypasses [40 CFR report shall include an evaluation of the anticipated quality and effect of 122.41(m)(3) the bypass. Page 14 of 26 Permit No. NCGO10000 (d) Unanticipated . Within 24 hours, an oral or electronic notification. bypasses [40 CFR . Within 7 calendar days, a report that includes an evaluation of the 122.41(m)(3)1 Quality and effect of the hvnass. (e) Noncompliance • Within 24 hours, an oral or electronic notification. with the conditions . Within 7 calendar days, a report that contains a description of the of this permit that noncompliance, and its causes; the period of noncompliance, including may endanger health exact dates and times, and if the noncompliance has not been corrected, or the the anticipated time noncompliance is expected to continue; and steps environment[40 CFR taken or planned to reduce, eliminate, and prevent reoccurrence of the 122.41(1)(7)] noncompliance. [40 CFR 122.41(1)(6). • Division staff may waive the requirement for a written report on a case- e basis. Page 1S of 26 Permit No. NCGO10000 PART IV STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A. COMPLIANCE AND LIABILITY 1. Continuation of Previously Permitted Projects Projects and their corresponding activities permitted under the previous version of the NC general permit for construction activities will automatically be considered covered under this general permit without the submittal of a Notice of Intent form. In addition, an annual general permit fee shall not be required for projects covered under the previous version of the NC general permit for construction activities. 2. Projects Submitted Prior to this Permit's Effective Date Complete project applications that were received prior to the effective date of this permit, but not approved by the USC plan authority until after approval of this NPDES permit, can rely on design and management practices effective at the time of application submittal. 3. Duty to Comply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. [40 CFR 122.41] (a) The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general permit has not yet been modified to incorporate the requirement. [40 CFR 122.41] (b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] (c) The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. in the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. (33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] (d) Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. 133 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] (e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the Page 16 of 26 Permit No. NCGOI0000 case of a second or subsequent conviction for a knowing endangerment violation, a person shall he subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] (f) Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A] (g) Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class lI violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $257,848, [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 4. Nan-Stormwater Discharges If a storm event monitored in accordance with this general permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 6. Duty to Mitigate The permittee shall tape all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. [40 CFR 122.41(d)] 7. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. [40 CFR 122.41(c)] 8. Civil and Criminal Liability Except as provided in Part II, Section B of this general permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A, 143-215.68, 143-215.6C, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Page 17 of 26 Permit No. NCG010000 permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 9. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321, 10. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)], 11. Severability The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby [NCGS 15013-23]. 12. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the general permit issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Division upon request, copies of records required to be kept by this general permit [40 CFR 122.41(h)]. 13. Inspection and Entry The permittee shall allow the Director, an authorized representative (including an authorized contractor acting as a representative of the Director), or an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge (if applicable), upon the presentation of credentials and other documents as may be required by law, to: (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. [40 CFR 122.41(i)] 14. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with; or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. Page 18 of 26 Permit No. NCGO10000 15. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122A11. 16. Onshore or Offshore Construction This general permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 17. Duty to Reapply Dischargers covered by this general permit need not submit a new Notice of Intent (NOI) or renewal request unless so directed by the Division. If the Division chooses not to renew this general permit, the permittee will be notified to submit an application for an individual permit. [15A NCAC 02H ,0127(e)] 18. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). 19. Anticipated Noncompliance The permittee shall give advanced notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the general permit. [40 CFR 122.41(I)(2)] SECTION B: PERMIT ADMINISTRATION 1. General Permit Expiration General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied. If general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit. [15A NCAC 02H .0127(e)] 2. Transfers This general permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4) b.2., and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. [15A NCAC 02H ,0127(i)-(j)] Cases where an individual permit maybe required include, but are not limited to, the following: Page 19 of 26 Permit No. NCGO10000 (a) The discharger is a significant contributor of pollutants; (b) The receiving stream is of a unique quality and the standard conditions may not provide adequate protection; (c) Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; (d) The discharge violates the terms or conditions of this general permit; (e) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; [f) Effluent limitations are promulgated for the point sources covered by this general permit; (g) A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit; (h) The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual Permit May he Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. [15A NCAC 02H .0127(h)] S. Impacts or Potential Impacts to Surface Waters or Wetlands If evidence indicates that the stormwater discharges from the site are impacting or have the potential to impact surface waters or wetlands, then the Division may take appropriate actions including any or all of the following. a) take compliance and enforcement action; b) require the permittee to include and implement appropriate control and restoration measures; c) require the permittee to develop and implement additional site -specific stormwater pollution prevention measures; d) require the permittee to obtain an individual permit. 6. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified. [40 CFR 122.41(k)] (a) All Notices of Intent to be covered under this general permit shall be signed as follows: For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. • For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or Page 20 of 26 Permit No. NCG010000 • For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. [40 CFR 122.221 (b) All reports required by the general permit and other information requested by the Director shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: • The authorization is made in writing by a person described above; The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and The written authorization is submitted to the Director. [40 CFR 122.22) (c) If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative. [40 CFR 122.22] (d) Any person signing a document under paragraphs a. orb. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility offine and imprisonmentfor knowing violations." 7. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Division from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The Certificate of Coverage shall expire when the general permit is terminated. 8. Certificate of Coverage Actions The general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR 122.41(f)]. Page 21 of 26 Permit No. NCG010000 9. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 11. Omissions Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information. [40 CFR 122.41(1)(8)] Page 22 of 26 PART V DEFINITIONS I. Act See Clean Water Act. Permit No. NCG010000 Adverse Weather Climate conditions that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, electrical storms, winter weather conditions, or situations that otherwise make inspections impractical. When adverse weather or site conditions prevent or restrict access to complete a regular or rain event inspection, this should be clearly documented on the next issued report. Documentation should include the inspector's name, the date and time, and a written narrative of the adverse weather or site condition. Adverse weather or site conditions do not exempt the permittee from having to file an inspection report in accordance with Section 11. B of this permit. 3. Allowable Nan-Stormwater Discharges This general permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, and irrigation waters, flows that do not result in a water quality standards violation. (c) Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure S. Bypass The known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Certificate of Coverage The cover sheet that accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. 7. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 8. Common Plan of Development A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times and on different schedules under one common plan. The "common plan" of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities are planned to occur on a specific plot regardless of ownership of the parcels.. Page 23 of 26 Permit No. NCG010000 9. Concrete Washout Wastewater resulting from the washing of equipment such as trucks, chutes, hoses, mixers, hoppers, wheelbarrows, and tools that are used to produce, handle, or store concrete and other cementitious materials such as mortar, plaster, stucco, or grout. 10. Control Measure Any SMP or other structural or non-structural practice or procedure used to prevent or reduce the discharge of pollutants including practices to control erosion and sedimentation. 11. Division or DEMLR The Division of Energy, Mineral, and Land Resources of the NC Department of Environmental Quality (DEQ). 12. Director The Director of the Division of Energy, Mineral, and Land Resources of the NC Department of Environmental Quality (DEQ). 13. EMC The North Carolina Environmental Management Commission. 14. Erosion and Sedimentation Control (E&SC) Plan A plan developed in compliance with the North Carolina Sedimentation Pollution Control Act of 1973 in G.S. 113A-50 et seq. to prevent sediment resulting from accelerated erosion from being transported off the site of the land -disturbing activity or in waters. 15. Erosion and Sedimentation Control (E&SC) Plan Authority The entity responsible for reviewing and approving the Erosion and Sediment Control Plan. Within some local governments' jurisdictions, this will be a delegated program. Elsewhere, it will he the Division. 16. Erosion and Sediment Control (E&SC) Measure Temporary and permanent practices and devices to prevent sediment resulting from accelerated erosion from being transported off the site of the land -disturbing activity or in waters of the State of North Carolina. E&SC measures, include, but are not limited to, sedimentation traps, sedimentation ponds, rock dams, temporary diversions, temporaryslope drains, rock check dams, sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy dissipaters and stabilization methods of open channels. 17. Ground Cover Any vegetative growth or other material which, when applied to the soil surface, renders the soil surface stable against accelerated erosion. 18. Hazardous Substance Any substance designated under 40 CPR Part 116 pursuant to Section 311 of the Clean Water Act. 19. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste Iong-term storage facility or a surface storage facility. 20. Normal Business Hours These are generally considered to be between the hours of 6 a.m. and 6 p.m., or when workers are normally present on the construction site. Weekends, state and federal holidays are not considered normal business hours unless construction activities are taking place on the site during those times. Page 24 of 26 Permit No. NCG0100D0 21. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 22. 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. 23. Permittee The person, firm or organizational entity that signed as the financially responsible party on the Erosion and Sedimentation Control Plan. 24. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater associated with industrial activity is or may be discharged to waters of the state. 25. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 26. Section 313 Water Priority Chemical A chemical or chemical category which: (a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; (b) Is present at or above threshold levels at a facility subject to SARA title I11, Section 313 reporting requirements; and (c) Meets at least one of the following criteria: Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or Is a pollutant for which EPA has published acute or chronic water quality criteria. 27. 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. 28. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Page 25 of 26 Permit No. NCG010000 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan (SWPPP) The elements of the State's stormwater pollution prevention program that provide the technology - based requirements designed to protect the state's waters from the adverse impacts of sediments. In North Carolina, the SWPPP for construction activities includes the Erosion and Sedimentation Control Plan, Ground Stabilization, Materials Handling, and Disturbed Area Limit for Special and Threatened Waters. 32. 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%. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 34. Upset An exceptional incident in which there is unintentional and temporary noncompliance with technology -based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin that can be seen with the unaided eye. 36. 25-year, 24-hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Page 26 of 26 PART III PART III PART III SELF -INSPECTION, RECORDKEEPING AND REPORTING SELF -INSPECTION, RECORDKEEPING AND REPORTING SELF -INSPECTION, RECORDKEEPING AND REPORTING SECTION A: SELF -INSPECTION Self -inspections are required during normal business hours in accordance with the table below. When adverse weather or site conditions would cause the safety of the inspection personnel to be in jeopardy, the inspection may be delayed until the next business day on which it is safe to perform the inspection. In addition, when a storm event of equal to or greater than 1.0 inch occurs outside of normal business hours, the self -inspection shall be performed upon the commencement of the next business day. Any time when inspections were delayed shall be noted in the Inspection Record. Frequency Inspect (during normal Inspection records must include: business hours) (1) Rain gauge Daily Daily rainfall amounts. maintained in If no daily rain gauge observations are made during weekend or good working holiday periods, and no individual -day rainfall information is order available, record the cumulative rain measurement for those un- attended days (and this will determine if a site inspection is needed). Days on which no rainfall occurred shall be recorded as "zero." The permittee may use another rain -monitoring device approved bythe Division. (2) E&SC At least once per 1. Identification of the measures inspected, Measures 7 calendar days 2. Date and time of the inspection, and within 24 3. Name of the person performingthe inspection, hours of a rain 4. Indication of whether the measures were operating event> 1.0 inch in properly, 24 hours 5. Description of maintenance needs for the measure, 6. Description, evidence, and date of corrective actions taken. (3) Stormwater At least once per 1. Identification of the discharge outfalls inspected, discharge 7 calendar days 2. Date and time of the inspection, outfalls (Sli and within 24 3. Name of the person performingthe inspection, hours of a rain 4. Evidence of Indicators of stormwater pollution such as oil event> 1.0 inch in sheen, floating or suspended solids or discoloration, 24 hours 5. Indication of visible sediment leaving the site, 6. Description, evidence, and date of corrective actions taken. (4) Perimeter of At least once per If visible sedimentation is found outside site limits, then a record site 7 calendar days of the following shall be made: and within 24 1. Actions taken to clean up or stabilize the sediment that has left hours of a rain the site limits, event 2: 1.0 inch in 2. Description, evidence, and date of corrective actions taken, and 24 hours 3. An explanation as to the actions taken to control future releases. (5) Streams or At least once per If the stream or wetland has increased visible sedimentation or a wetlands onsite 7 calendar days stream has visible increased turbidity from the construction or offsite and within 24 activity, then a record of the following shall be made: (where hours of a rain 1. Description, evidence and date of corrective actions taken, and accessible) event > 1.0 inch in 2. Records of the required reports to the appropriate Division 24 hours Regional Office per Part III, Section C, Item (2)(a) of this permit of this permit. (6) Ground After each phase 1. The phase of grading (installation of perimeter E&SC stabilization of grading measures, clearing and grubbing, installation of storm measures drainage facilities, completion of all land -disturbing activity, construction or redevelopment, permanent ground cover). 2. Documentation that the required ground stabilization measures have been provided within the required timeframe or an assurance that they will be provided as soon as possible. NOTE: The rain inspection resets the required 7 calendar day inspection requirement. NORTH CAROLINA Environmental Quality SECTION B: RECORDKEEPING 1. E&SC Plan Documentation The approved E&SC plan as well as any approved deviation shall be kept on the site. The approved E&SC plan must be kept up-to-date throughout the coverage under this permit. The following items pertaining to the E&SC plan shall be documented in the manner described: Item to Document Documentation Requirements (a) Each E&SC Measure has been installed Initial and date each E&SC Measure on a copy and does not significantly deviate from the of the approved E&SC Plan or complete, date locations, dimensions and relative elevations and sign an inspection report that lists each shown on the approved E&SC Plan. E&SC Measure shown on the approved E&SC Plan. This documentation is required upon the initial installation ofthe E&SC Measures or if the E&SC Measures are modified after initial installation. (b) A phase of grading has been completed. Initial and date a copy of the approved E&SC Plan or complete, date and sign an inspection report to indicate completion of the construction phase. (c) Ground cover is located and installed Initial and date a copy of the approved E&SC in accordance with the approved E&SC Plan or complete, date and sign an inspection Plan. report to indicate compliance with approved ground cover specifications. (d) The maintenance and repair Complete, date and sign an inspection report. requirements for all E&SC Measures have been performed. (e) Corrective actions have been taken Initial and date a copy of the approved E&SC to E&SC Measures. Plan or complete, date and sign an inspection report to indicate the completion of the corrective action. 2. Additional Documentation In addition to the E&SC Plan documents above, the following items shall be kept on the site and available for agency inspectors at all times during normal business hours, unless the Division provides a site -specific exemption based on unique site conditions that make this requirement not practical: (a) This general permit as well as the certificate of coverage, after it is received. (b) Records of inspections made during the previous 30 days. The permittee shall record the required observations on the Inspection Record Form provided by the Division or a similar inspection form that includes all the required elements. Use of electronically -available records in lieu of the required paper copies will be allowed if shown to provide equal access and utility as the hard -copy records. (c) All data used to complete the Notice of Intent and older inspection records shall be maintained for a period of three years after project completion and made available upon request. [40 CFR 122.41] SECTION C: REPORTING 1. Occurrences that must be reported Permittees shall report the following occurrences: (a) Visible sediment deposition in a stream or wetland. (b) Oil spills if: • They are 25 gallons or more, • They are less than 25 gallons but cannot be cleaned up within 24 hours, • They cause sheen on surface waters (regardless of volume), or • They are within 100 feet of surface waters (regardless of volume). (a) Releases of hazardous substances in excess of reportable quantities under Section 311 of the Clean Water Act (Ref: 40 CFR 110.3 and 40 CFR 117.3) or Section 102 of CERCLA (Ref: 40 CFR 302.4) or G.S. 143-215.85. (b) Anticipated bypasses and unanticipated bypasses. (c) Noncompliance with the conditions of this permit that may endanger health or the environment. 2. Reporting Timeframes and Other Requirements After a permittee becomes aware of an occurrence that must be reported, he shall contact the appropriate Division regional office within the timeframes and in accordance with the other requirements listed below. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. Occurrence Reporting Tilnefratnes [After Discovefy) and Uther Requirements {a} Visible sediment ■ Within 24howrs, an oral or electronic notification. deposition in a • Within 7 eorleildar days, a report vhat contains a description of the stream or wetland sediment znd octicns taken toaddress the cause oFihe deposition - Division staff may waive the requirement for a written report on a rase-hy-r-.ase basis- • If the stream is named on the NC 3030list as impaired for sedlment- related causes, the permittee may be required to perform additional monitoring, inspections or apply more stringent practices if staff determine that additional regcirementsare needed to assure compliance with thefederal orstate impaired -waters conditions. [kn} Oil spills and • Within F4?saWs, on oral or electronic notification. The notification release of shall include information about the date, time, nature, volume and hazardous location of the spill or release, substanees per item illb)-Ic) above ■ A report at least teen days before the date of the (hypos, #possible. (c) Anticipated bypasses 140 CFR The report shall Include an evaluation of the anticipated quality and 122.41{m)(3]j effect of the bypass. (d} Dnanticipated . Within 24howts, an oral or eleetrol l': notification. bypasses [4V CFR a Within 7 carendar days a report that includes an evaluation of the 122.41{rni quality and effect of the bypass- (e) Noncompliance ■ Withirr 2dhours, an oral or electranicnotification, wlththeconditions a Within 7calendwrdays, areport tttatcontoinsadescriptionofthe of this permit that noncompliance, and its causes; the period of noncompliance, stray endanger including exact dates and times, and if the noncompliance has not health orthe been corrected, the anticipated time noncompliance is expected to ernvironment[40 continue; and stepstaken orplanned to reduce, eliminate, and CFR 122.4111}(7y] prevent reoccurrence of the noncompliance. 140 CFFI 122.41(I1(6). • Division staff may waive the requirement for a written report on a Casc by -case basis. NCGO1 SELF -INSPECTION, RECORDKEEPING AND REPORTING I EFFECTIVE: 04/01/19 GROUND STABILIZATION AND MATERIALS HANDLING PRACTICES FOR COMPLIANCE WITH THE NCG01 CONSTRUCTION GENERAL PERMIT Implementing the details and specifications on this plan sheet will result in the construction activity being considered compliant with the Ground Stabilization and Materials Handling sections of the NCG01 Construction General Permit (Sections E and F, respectively). The permittee shall comply with the Erosion and Sediment Control plan approved by the delegated authority having jurisdiction. All details and specifications shown on this sheet may not apply depending on site conditions and the delegated authority having jurisdiction. SECTION E: GROUND STABILIZATION Required Ground Stabilization Timeframes Stabilize within this Site Area Description many calendar Timeframe variations days after ceasing land disturbance (a) Perimeter dikes, swales, ditches, and 7 None perimeter slopes (b) High Quality Water 7 None (HOW) Zones (c) Slopes steeper than If slopes are 10' or less in length and are 3:1 7 not steeper than 2:1, 14 days are allowed -7 days for slopes greater than 50' in length and with slopes steeper than 4:1 -7 days for perimeter dikes, swales, (d) Slopes 3:1 to 4:1 14 ditches, perimeter slopes and HOW Zones -10 days for Falls Lake Watershed -7 days for perimeter dikes, swales, (e) Areas with slopes ditches, perimeter slopes and HOW Zones flatter than 4:1 14 -10 days for Falls Lake Watershed unless there is zero slope Note: After the permanent cessation of construction activities, any areas with temporary ground stabilization shall be converted to permanent ground stabilization as soon as practicable but in no case longer than 90 calendar days after the last land disturbing activity. Temporary ground stabilization shall be maintained in a manner to render the surface stable against accelerated erosion until permanent ground stabilization is achieved. GROUND STABILIZATION SPECIFICATION Stabilize the ground sufficiently so that rain will not dislodge the soil. Use one of the techniques in the table below: Temporary Stabilization Permanent Stabilization • Temporary grass seed covered with straw or • Permanent grass seed covered with straw or other mulches and tackifiers other mulches and tackifiers • Hydroseeding • Geotextile fabrics such as permanent soil • Rolled erosion control products with or reinforcement matting without temporary grass seed • Hydroseeding • Appropriately applied straw or other mulch • Shrubs or other permanent plantings covered • Plastic sheeting with mulch • Uniform and evenly distributed ground cover sufficient to restrain erosion • Structural methods such as concrete, asphalt or retaining walls • Rolled erosion control products with grass seed POLYACRYLAMIDES (PAMS) AND FLOCCULANTS 1. Select flocculants that are appropriate for the soils being exposed during construction, selecting from the NC DWR List of Approved PAMS/Flocculants. 2. Apply flocculants at or before the inlets to Erosion and Sediment Control Measures. 3. Apply flocculants at the concentrations specified in the NC DWR List of Approved PAMS/Flocculants and in accordance with the manufacturer's instructions. 4. Provide ponding area for containment of treated Stormwater before discharging offsite. 5. Store flocculants in leak -proof containers that are kept under storm -resistant cover or surrounded by secondary containment structures. EQUIPMENT AND VEHICLE MAINTENANCE 1. Maintain vehicles and equipment to prevent discharge of fluids. 2. Provide drip pans under any stored equipment. 3. Identify leaks and repair as soon as feasible, or remove leaking equipment from the p roj a ct. 4. Collect all spent fluids, store in separate containers and properly dispose as hazardous waste (recycle when possible). 5. Remove leaking vehicles and construction equipment from service until the problem has been corrected. 6. Bring used fuels, lubricants, coolants, hydraulic fluids and other petroleum products to a recycling or disposal center that handles these materials. LITTER, BUILDING MATERIAL AND LAND CLEARING WASTE 1. Never bury or burn waste. Place litter and debris in approved waste containers. 2. Provide a sufficient number and size of waste containers (e.g dumpster, trash receptacle) on site to contain construction and domestic wastes. 3. Locate waste containers at least 50 feet away from storm drain inlets and surface waters unless no other alternatives are reasonably available. 4. Locate waste containers on areas that do not receive substantial amounts of runoff from upland areas and does not drain directly to a storm drain, stream or wetland. 5. Cover waste containers at the end of each workday and before storm events or provide secondary containment. Repair or replace damaged waste containers. 6. Anchor all lightweight items in waste containers during times of high winds. 7. Empty waste containers as needed to prevent overflow. Clean up immediately if containers overflow. 8. Dispose waste off -site at an approved disposal facility. 9. On business days, clean up and dispose of waste in designated waste containers. PAINT AND OTHER LIQUID WASTE 1. Do not dump paint and other liquid waste into storm drains, streams or wetlands. 2. Locate paint washouts at least 50 feet away from storm drain inlets and surface waters unless no other alternatives are reasonably available. 3. Contain liquid wastes in a controlled area. 4. Containment must be labeled, sized and placed appropriately for the needs of site. 5. Prevent the discharge of soaps, solvents, detergents and other liquid wastes from construction sites. PORTABLE TOILETS 1. Install portable toilets on level ground, at least 50 feet away from storm drains, streams or wetlands unless there is no alternative reasonably available. If 50 foot offset is not attainable, provide relocation of portable toilet behind silt fence or place on a gravel pad and surround with sand bags. 2. Provide staking or anchoring of portable toilets during periods of high winds or in high foot traffic areas. 3. Monitor portable toilets for leaking and properly dispose of any leaked material. Utilize a licensed sanitary waste hauler to remove leaking portable toilets and replace with properly operating unit. EARTHEN STOCKPILE MANAGEMENT 1. Show stockpile locations on plans. Locate earthen -material stockpile areas at least 50 feet away from storm drain inlets, sediment basins, perimeter sediment controls and surface waters unless it can be shown no other alternatives are reasonably available. 2. Protect stockpile with silt fence installed along toe of slope with a minimum offset of five feet from the toe of stockpile. 3. Provide stable stone access point when feasible. 4. Stabilize stockpile within the timeframes provided on this sheet and in accordance with the approved plan and any additional requirements. Soil stabilization is defined as vegetative, physical or chemical coverage techniques that will restrain accelerated erosion on disturbed soils for temporary or permanent control needs. �, � NORTH CAROL! NA ' Envrronmenta[ Quality i ONSITE CONCRETE WASHOUT STRUCTURE WITH LINER 0 o ,a n 0 0 3� 0 0 00 0 r� C[IL� MIIO lm111Q l �-� a� Lei .`LIYL lLG1O1 QIasO YI IOI� tVfY •IdY 1W &C Un L A�p C1111L YJIIOI �CIF�OO N f60 IYI� '�lV'�"'f[�N'MalOu t M CYtl[1[ Wd� L M {Ytrl[ V1.OR a�r.wr. yyyy t1MCTO LYIl s sm �[ IMM�NO NY M LYm NOIa NCI M W K ma ! f M T w lIACT� MMtl1Y 1= �• 110[ S.&L 10349 C VMMM :sumac � m a ELft u wso Q nmu m OSM w Wne m MW awa. amnnc wmart n.en.c BELOW GRADE WASHOUT STRUCTURE ABOVE GRADE WASPT STRUCTURE CONCRETE WASHOUTS 1. Do not discharge concrete or cement slurry from the site. 2. Dispose of, or recycle settled, hardened concrete residue in accordance with local and state solid waste regulations and at an approved facility. 3. Manage washout from mortar mixers in accordance with the above item and in addition place the mixer and associated materials on impervious barrier and within lot perimeter silt fence. 4. Install temporary concrete washouts per local requirements, where applicable. If an alternate method or product is to be used, contact your approval authority for review and approval. If local standard details are not available, use one of the two types of temporary concrete washouts provided on this detail. 5. Do not use concrete washouts for dewatering or storing defective curb or sidewalk sections. Stormwater accumulated within the washout may not be pumped into or discharged to the storm drain system or receiving surface waters. Liquid waste must be pumped out and removed from project. 6. Locate washouts at least 50 feet from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available. At a minimum, install protection of storm drain inlet(s) closest to the washout which could receive spills or overflow. 7. Locate washouts in an easily accessible area, on level ground and install a stone entrance pad in front of the washout. Additional controls may be required by the approving authority. 8. Install at least one sign directing concrete trucks to the washout within the project limits. Post signage on the washout itself to identify this location. 9. Remove leavings from the washout when at approximately 75% capacity to limit overflow events. Replace the tarp, sand bags or other temporary structural components when no longer functional. When utilizing alternative or proprietary products, follow manufacturer's instructions. 10. At the completion of the concrete work, remove remaining leavings and dispose of in an approved disposal facility. Fill pit, if applicable, and stabilize any disturbance caused by removal of washout. HERBICIDES, PESTICIDES AND RODENTICIDES 1. Store and apply herbicides, pesticides and rodenticides in accordance with label restrictions. 2. Store herbicides, pesticides and rodenticides in their original containers with the label, which lists directions for use, ingredients and first aid steps in case of accidental poisoning. 3. Do not store herbicides, pesticides and rodenticides in areas where flooding is possible or where they may spill or leak into wells, stormwater drains, ground water or surface water. If a spill occurs, clean area immediately. 4. Do not stockpile these materials onsite. HAZARDOUS AND TOXIC WASTE 1. Create designated hazardous waste collection areas on -site. 2. Place hazardous waste containers under cover or in secondary containment. 3. Do not store hazardous chemicals, drums or bagged materials directly on the ground. NCGO1 GROUND STABILIZATION AND MATERIALS HANDLING EFFECTIVE: 04/01/19 Fact Sheet on the New NCG01 Permit April 2019 an*lcnnoua ~ owanm.m m E...o�me�ri u�� The NC Construction General Permit (also known as "NCG01") was renewed on April 1, 2019. The updated permit does not significantly change the measures that are required to be implemented on construction sites. However, there are some organizational and technical updates to the permit as described below. Most notably, there is a new process in which construction sites will obtain official coverage under an NCG01 permit through an electronic process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions, contact Annette Lucas at Annette.lucas@ncdenr.gov or (919) 707-3639. Organizational Updates The new permit: • Repeats state requirements for E&SC Plans and organizes them with federal construction activity requirements; • Is clearly organized by topic; and • Has less text and more tables. Technical Updates The new permit: • Requires that the E&SC Plan meet SWPPP requirements (p. 2); • Provides a list of items that must be included in the SWPPP, such as the construction sequence, plans, calculations, etc. (p. 2-4);1 • Has updated language on bypasses and upsets that is tailored to construction activities (p. 10); • Puts all timeframes for inspections, record -keeping and reporting in "calendar days" for clarity and consistency (p. 11-14);2 • Changes the inspection frequency (during business hours) to at least once per 7 calendar days and after every storm > 1.0 inch (previously 0.5 inch);3 and • Excludes weekends, state and federal holidays from normal business hours unless construction activities take place (p. 23). This list is based on website guidance by the DEMLR Sediment Program. The number of calendar days was selected to be as equivalent as possible with the previous permit. The intent is to provide predictability to the inspection schedule. Acronyms to Know COC: Certificate of Coverage, proof of coverage under an NCG01 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-NOI: Notice of Intent, application form for the NCG01 permit e-NOT: Notice of Termination, form for closing out the NCG01 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 The NCG01 Process The new NCG01 applies to permits approved on or after April 1, 2019. Permittees will no longer receive a copy of the NCG01 permit in the mail with their E&SC Plan approvals and be considered as covered under the permit. Federal rules require that DEMLR receive an NCI on each construction project and issue each construction project its own COC. Under the new NCG01 process, construction sites will continue to receive approval for E&SC Plans from either DEMLR or the delegated local E&SC program just like before. After receiving E&SC Plan approval, permittees will officially obtain coverage under the NCG01 by completing an a-NOI (available at deg.ncgov/NCG01/NCG01). The e-NCI will only take about 20 minutes to fill out and submit on-line. Initially, there will be no charge associated with applying for an NCG01 permit but on or around June 1, 2019, DEMLR will begin charging a $100 annual general permit fee as required per §143-215.3D. DEMLR is working on creating a single application form that will allow an applicant to simultaneously apply for an E&SC permit and an NCG01 COC. That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCG01 Permit Why do construction sites have to do this extra application step? DEMLR is required by the EPA to issue a specific COC to every construction site that disturbs one acre or more. DEMLR is working to create a form that combines the E&SC plan approval and a-NOI processes, but that will take more time. For now, DEMLR has created an efficient a-NOI process. If an E&SC Plan is approved before April 1, which permit applies? Projects with already approved E&SC Plans will automatically follow the new NCG01 permit, but will not need to fill out an e-NOI or pay an annual permit fee. However, the permittees should print the new permit and the two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at deg.nc.gov/NCG01 that can be placed into the E&SC plan set. The first covers the site stabilization and materials handling portions of the permit. The second sheet covers the inspection, record -keeping and reporting portions of the permit. How will the new a-NOI submittal and COC process work? Permittees will apply for E&SC Plan approvals from DEMLR or the local E&SC program like before. The E&SC approval letter will instruct the permittee to visit deg.nc.gov/NCG01 to submit an a-NOI form to DEMLR. The permittee may begin the construction activity after receipt of the COC (within three days*). The permittee must print and retain a copy of the permit and the COC on site. Initially, the COC will be issued for free but on or around June 1, 2019, a $100 annual general permit fee will be charged. Who is allowed to submit an a-NOI form? Submittal must be by a responsible corporate officer that owns or operates the activity, such as a president, secretary, treasurer, or vice president or a manager that is authorized in accordance with IV.B.6 of the NCG01 permit. Additional signatory options are set forth in IV.13.6 of the permit. It is possible for consultant to prepare the a-NOI, save it as a draft, and email it to the responsible entity for signature & submittal. What happens to the COC when the construction activity is complete? When a project is complete, the permittees will contact DEMLR or the local delegated program to close out the E&SC Plan. After DEMLR or the local E&SC program inform the permittee of the project close out via inspection report, the permittee will visit deg.nc.gov/NCG01 to submit an e-NOT. Will there be a grace period for adherence to the new process? DEMLR does not have the authority to grant a grace period from a federally mandated permit. Permittees will be informed of the new process via web site, E&SC Plan approval letters and list servs. If a construction activity disturbs one acre or more (or is part of common plan of development that disturbs one acre or more) fails to submit an a-NOI after approval of its E&SC Plan, this is a violation of federal permitting requirements and the permittee could be subject to a penalty assessment. How does the new NCG01 affect the delegated local E&SC Programs? Local programs will continue to review and approve E&SC plans. However, they will no longer send copies of the NCG01 with E&SC Plan approvals. DEMLR will provide sample language to use in local E&SC Plan approvals to advise permittees that they must submit an a-NOI to DEMLR. Local programs are not required to check if permittees have submitted e- NOls to DEMLR. However, if they wish to do this voluntarily, there will be a tool available on DEMLR's web site for them to view a list of construction projects that have submitted a-NOIs. When local programs close out an E&SC Plan, the close-out letter will advise permittees that they must submit an e- NOT. DEMLR will provide sample language. Local programs may approve E&SC plans that meet state sediment laws and rules even if those plans are not compliant with all of the NCG01 requirements. However, their permittees will be required to add two plan sheets (which will be provided by DEMLR) to their E&SC Plans to ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion of the NCG01 permit. * Or 24 business hours for a project approved under the DEMLR Express review program.