NPDES NCG01 Permitting Requirements

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Summary:

The NC Department of Environmental Quality has issued the new NCG01 Permit - effective April 1, 2019. New projects permitted after April 1, 2019 will be required to apply for the NCG01 Permit directly from NCDEQ. All projects permitted prior to April 1, 2019 will not be required to obtain a new permit, but will be expected to comply with the new permit.

This new permit requires that all projects associated with construction activities, including clearing, grading or excavating resulting in land disturbance of 1 acre or greater, or within a "Common Plan of Development" will require coverage under the NCG01 Permit.

The new permit implements the term “common plan of development” and its requirements.  A “common plan of development” is a contiguous area where multiple separate and distinct construction activities may be taking place at different times 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 may occur on a specific plot. 

In essence, a common plan is a subdivision. To meet the common plan requirements a development must show that 1-acre of disturbance will occur or has occurred.

Builders outside a subdivision shall obtain a Land Disturbance Permit only if disturbance is greater than 25,000 square feet. Builders may receive Residential Lot Permits (RLPs) ONLY when they are outside of a subdivision and are disturbing less than 25,000 square feet of land.

How This Changes The Permitting Process:

After the erosion control plans have been approved by Chatham County and you have received the Letter of Approval for your project, you must apply for Certificate of Coverage from the NC Department of Environmental Quality for coverage under the new NCG01 permit. The Letter of Approval will direct you to the website needed to complete this step. Once the Certificate of Coverage has been obtained, submit it to Chatham County to receive the Land Disturbing Permit. You may not begin construction until both the Land Disturbing Permit from Chatham County and Certificate of Coverage from NCDEQ have been issued.            

Helpful Links:

NCG01 Permit

NCG01 Fact Sheet

The "Dirt" on The New NCG01 Permit

NCDEQ Self-Inspection Form

NCDEQ Website for More Information