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Construction Stormwater

Renewal of the NCG01 Construction General Permit

The N.C. Stormwater Program is renewing and updating the Current NCG01 Construction General Permit this year.  The current NCG01 Permit is proposed to be replaced with TWO general permits, an updated NCG01 permit and a new NCG25 permit.  The permits are proposed as follows:

Both of the above draft permits are on public notice from September 4 until October 5, 2018.  If you have any comments or suggestions about the draft permits, please submit them to Annette Lucas.

How is the current NCG01 Construction General Permit issued?        

Construction activities that disturb an acre or more of land require an Erosion and Sedimentation Control (E&SC) Plan that has been approved by either the state or a local government with delegated authority. After the state or local government approves the E&SC Plan, the project has been considered by DEQ to have automatic coverage under a NPDES Stormwater General Permit NCG010000 for construction-related activities, provided that the ground stabilization and basin design requirements in the stormwater permit are included in the erosion and sediment control plan. 

Why can’t we continue this way? 

  • EPA no longer allows us to extend automatic permit coverage to permittees.
  • EPA now requires us to collect data (such as location, size, owner) on all construction activities in North Carolina.
  • Owners/operators of construction activities are not always aware of BOTH state and federal requirements for construction activities and this is resulting in noncompliance.
The updated permit does not change the technical requirements for construction activities.  Instead, it provides better organization and updates to the permitting process.

Better organization in the updated permit

  • The new permit repeats state requirements for the E&SC Plan and organizes them cohesively with federal requirements for the E&SC Plan.  (Note that E&SC Plan requirements are in three separate places: the NC Sediment and Pollution Control Act (1973), the 15A NCAC 04B .0100 rules (1974) and the current NCG01 permit.)
  • So going forward, NCG01 Stormwater Pollution Prevention Plan = E&SC Plan.
  • The self-inspection, recordkeeping and reporting requirements have undergone a major reorganization.  Many of the requirements have been organized into tables instead of the lengthy paragraphs that characterize the current version of the permit.

Process changes with the updated permit

  • After the E&SC Plan is approved, permittees will complete an on-line Notice of Intent form.  It takes about 20 minutes to complete the form.  A project-specific Certificate of Coverage will be issued without review in less than 10 minutes.
  • We are working on having one application for both the E&SC Plan Approval from the state and the NCG01 permit, but that will take some time.  It is part of a larger Permit Transformation project at DEQ.
  • We are planning to work with local delegated authorities to encourage them to only approve E&SC Plans that are compliant with all applicable state and federal requirements.

Milestones for the NCG01 renewal process

  • April 9 and 23:  Stakeholder meetings held in Raleigh
  • June 15 - July 16:  Draft permit out to public notice
  • August 1:  DEMLR will reissue the current NCG01 permit so that construction activities will continue to be covered as we finalize the new NCG01 permit
  • August 3 and 9:  Stakeholder meetings held in Raleigh
  • September 4 - October 5:  Second draft permit out to public notice
  • December 1:  Final permit goes into effect