SWPPP_MT_DOT_569(3)_North_of_Moose_Creek_North.pdf

Stormwater Pollution Prevention Plan

SWPPP

For:

North of Moose Creek North

MT DOT 569(3)

Deer Lodge County

Montana

Federal Highway Administration, Western Federal Lands Highway Division

Project Engineer: __________ _

General Contractor: -----------

T able o f C ontents

Table of Contents

SWPPP/ESCP TABS

TAB 1: SWPPP/ESCP Narrative

TAB 2: NPDES Permit (Construction General Permit or Corresponding State Permit)

TAB 3: NOI, EPA/State Acknowledgement, Other Applicable EPA/State Correspondence

TAB 4: Delegation of Authority

TABS: Maps

TAB 6: Erosion/Sediment Control Plan Sheets (plan set and BMP typical details)

TAB 7: Permanent Stabilization and Revegetation Plan (plan sets and details)

TAB 8: SWPPP Amendment Log

TAB 9: Erosion/Sediment Control Inspection Reports and Requirements

TAB 10: Corrective Action Log

TAB 11: Water Quality Monitoring, Reporting Requirements, and Reports

TAB 12: Training Log

TAB 13: Waste and/or Borrow Site Information

TAB 14: Grading and Stabilization ,Log

TAB 15: Hazardous Spill Plan

TAB 16: Other Applicable Permits(§ 404, § 401, Oregon Remove-Fill Permit)

TAB 17: NPDES Quality Assurance Checklist

TAB 18: NPDES Notice of Termination (NOT)

Tab 1

Complete SWPPP narrative in accordance with contract 107.0lA(b).

Revise SWPPP narrative as needed throughout construction in accordance with contract 107.0lA(f)

ALASKA, IDAHO AND WASHINGTON PROJECTS ONLY:

SWPPP narrative must be signed by General Contractor's responsible corporate officer as defined in CGP 1.11.2.

File approved SWPPP narrative i~ Tab 1.

AGENCY USE ONLY

PERMIT NO.: Date Rec'd.: Amount Rec'd.: Check No.: Rec'd By:

Montana Department of Environmental Quality

WATER PROTECTION BUREAU

FORM

SWPPP

Storm Water Pollution Prevention Plan (SWPPP) Form Storm Water Discharge Associated With Construction Activity

MTRlOOOOO READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). It is the permittee's responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained.

Additional information may be needed to supplement the Form SWPPP. For additional information, please call:

( 406) 444-3080 or visit: http://deq.mt.gov/wqinfo/mpdes/stormwaterconstruction.mcpx Section A- SWPPP Status: (Check one)

Iii New No prior SWPPP submitted for this site.

□Modification Permit Number: MTRI O ____ (Please specify these four numbers)

Section B - Facility or Site Information:

Site Name North of Moose Creek North, MT DOT 569(3)

Site LocationMT 43 on the south, and MT 1 on the north

Nearest City or Town"'"W"'"'i""'se"--'-'R""""iv"""e'-r __________ _

Section C - Applicant (Owner/Operator) Information:

CountyDeer Lodge

Owner or Operator Name FHWA-Western Federal Lands Highway Division

Mailing Address _6_1_0_E_. _5t_h_S_t_re_e_t __________________________ _

City, State, and Zip Code_V_a_nc_o_u_v_e...,_r,_W_A_98_6_6_1 ______________________ _

Phone Number 360-619-7700 Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer:

Name or Position Title Denise Steele Environmental Protection Specialist Mailing Address _6_1_0_E_. _5t_h_S_t_re_e_t ---------------------------- City, State, and Zip Code _V_a_n_co_u_v_e...:..r,_W_A_98_6_6_1 ______________________ _ Phone Number 360-619-7593 Email =de~n-is-e-.s-t~ee~l~e@~d=o=t.g=o-v _____________ _ Training Course Certified Erosion and Sediment Control Date Completed_1_0_/1_3_/2_0_14 ________ _

Final Permit: 2018-2022 Form SWPPP Page 1 of 10

Primary SWPPP Administrator: □Same as above Name or Position Title Contractor TBD after the contract is bid on and awarded Mailing Address _________________________________ _

City, State, and Zip Code---------------------~-------- Phone Number__________ Email _______________________ _ Training Course ________________ Date Completed _____________ _

Secondary SWPPP Administrator:

Name or Position Title ------------------------------- Mailing Address City, State, and Zip Code Phone Number Email _______________________ _

Training Course Date Completed

Section E - Site Description (Part 3.3)

1. Describe the nature of the construction activity and what is being constructed.

The Proposed Action includes resurfacing, rehabilitation, and restoration of the road by bringing the road to meet current AASHHTO 50 MPH design standards for horizontal and vertical curves on Montana State Highway 569 from mile post 11.03 to 14.446.

Additional actions include: improving drainage, replacing California Creek Bridge, installation of mechanically stabilized earth walls, and placing pavement of markings.

The existing design width is 22 feet to 24 feet. The anticipated design width will be 26 feet, which includes two 12-foot lanes with 1-foot shoulders.

Ground-disturbing activities will generally be limited to the existing road prism plus 1-foot widening on either side. The proposed project may include vegetation clearing up to 50 feet on either side of centerline for the majority of the route except at the California Creek Bridge, where clearing may extend up to 150 feet on either side of the road.

2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas.

Material borrow/fill source, equipment staging, and storage will all be determined by contractor.

3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction-related disturbance (including all construction-related support activities).

Total Site Area (acres): _2_9._7_8 __ _ Area of Construction-Related Disturbance (acres): _2_6_.6_7 __ _

4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used.

Soils encountered in this boring include:

loose sand and firm sandy lean clay. Near stream elevation wet loose, sand and medium dense silty gravel was encountered. Starting at about 12.5 feet, highly to completely weathered interbedded shale and sandstone was encountered. The residual soils from these materials consist of hard to stiff, fat clclay, as well as medium dense to very dense silty sand with gravel, and clayey sand with gravel. Artesian groundwater conditions were observed. The native soil along the project alignment consists of alluvial deposits. The alluvial deposits are associated with the numerous drainages in the area, including Oregon Creek, California Creek, and American Creek. The surface soils are mapped within the project limits as Holocene alluvium (Ruppel et al, 1993). The alluvium is described as channel, flood plain, and alluvial fan deposits and consisted of poorly-graded sand, well-graded gravel, silty sand, and sandy gravel in the borings. Material interpreted to be fill was encountered in borings on or near the existing roadway and associated embankments.

Bedrock encountered in the borings at the bridge site is interpreted to be Tertiary-aged Bozeman Group, which is undivided basin-fill deposits consisting of but not limited to indurated tuffaceous sandstone and siltstone, limestone, marl, and pebble and gravel conglomerates (Ruppel et al, 1993).

Final Permit: 2018-2022 Form SWPPP Page 2 of 10

Js. Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover.

During the biologic.al assessment conduciod for the proposed project it was fooM that fofested p(){tloru; are dominated by e11en-aged stands of lodgepole pine (Pinus contorta). Stands of quaking aspen (Popi.Aus tremtJloidesJ af\d black cottonwood (P. balsamifera} are lfltemlf.lently distributed in <!raws and along upper riparian areas. Other, less-common tree species present include whltebark pine (P. aibtcaulis), Engelmann spruce (Picea engelmannil). Wbalpine fir (Abies taslocarpa), and Rocky Mountain juniper (Juniperos scopol-orum). Foros: understooes a.re geoorally sparsefyvegeta:ed, hostlng owarl bilbwTy (VaccinKlm cacspitosa}, pinegrass (Catamagrostis nbescens). and elk sedge (carex geyeri) Open areas are dominated by a mix of native and Introduced grasses, ofwtlk:h timothy (Phleum pmtanse), sofl brome \Bromus irmrmis), s.J.ender wheat grass (Elymus trachycaukJs), Idaho fescue {Festoca ldahoensis), and prairie Junegrass (Kocleria macrantha) were freq\,ently encountered. Shrubs found wtlhin the project area's grasslands K'ldude common juniper (Juniperus communlsJ, mountain ~sh (Arte!ni$ia tridentata ssp. vaseyana), and shrubby cinquefoil (Oaslphora fruticosa). Major wateiways fea!l.lre broad riparian zones, 1Nith lush herb and shrub growth, Area wolfands and rip.1rlan zones host Drummond's willow (531iJ:: drummondiarla), resin birch (Betula glar,dulosa), Utah honeysucide (Lonicera utahensls), water sedge (Carex aqtJati!is), and a vartefy of grasses. The rocky fill slopes of the Study Area rOOQWay host native and introduced spoc,ies adapted to the sha,p-<lraining Stlbstra:e of road fill slopes lru;loding clustered tarweed (Madia glomerata), Virginia strnwbeny (Fragaria vlrginianaj, rosy pussyloes (Antemaria rosea), and common dandelion (Taraxawm officinafe). Current cover Is about 90% of impact are

Specify Percent Density of Existing Vegetation: - 90% of the area beb

6. For a storm water discharge associated with construction activity with construction-related disturbance of five acres or more of total land area (based on the acreage provided in item E.3 above):

a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon:

Runoff coefficient before construction: 0.7-0.95

Runoff coefficient after construction: 0.7-0.95

Supporting Information Source:

FHWA Design Engineer staff calculations.

b. Provide an estimate of the increase in impervious area after the construction activity is completed:

6.0 Percent.

7. In the Outfall table below, identify the name(s) of the first state surface water(s) that receives storm water from the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the construction project discharges. If additional outfalls are applicable, please include an attachment.

Size of 'rype of Outfall Receiving Surface Water Drainage Area Latitude and Longitude of Discharge to

Number Associated with Discharge Outfall Municipal Storm each Outfall Sewer System

001 American Creek 0.062 C-: Sheet C Concentrated 45.976031 -113.024437 0Yes ®No

002 Oregon Creek 0.051 € Sheet 45.986736 -113.006015 Yes (e C Concentrated No

003 California Creek 0.263 r-; Sheet C Concentrated 45.980257 -113.016319 Yes (e No

C ::;heet C r Concentrated Yes No

('; Sheet C Concentrated Yes No

C :Sheet 006 r: Concentrated Yes No

C Sheet Yes C; 007 () Concentrated No

C Sheet Yes 0 008 C Concentrated No

0 Sheet C Yes (', 009 0 Concentrated ' ,/ No

C Sheet

C, Yes C: C Concentrated No

a. List the impaired receiving surface waters from the table above.

None

Final Permit: 2018-2022 Form SWPPP Page 3 of 10

Section F - Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project:

Soils lii!i!!Areas of Shallow Grade lii!i!!Areas of Steep Grade lii!i!!Slopes lii!i!!Ditch lii!i!i Stockpiles □Contaminated Soils □Import and Export Operations lii!i!i Entrance / Exit Locations □Other Explain _________ _

Materials lii!i!!Loading and Unloading Operations lii!i!!Storage of building materials

□ Storage of chemicals lii!i!!Portable Toilets □Concrete Batch Plant □Asphalt Batch Plant □Worker Trash lii!i!!Demolition Materials/ Debris D Other Explain ---------

Additional Pollutants

Activities lii!i!!Concrete Truck Washout □Masonry - Stone/ Brick/ Concrete □Spray/ Wand Applications □Finish Work- Dry wall/ Painting ii!!Equipment Washing D Washing of Buildings D Maintenance of Equipment l!!!!IRefueling Operations □Application of herbicides, pesticides, fertilizers □Application of solvents or detergents l!!!!IConstruction Dewatering 00ther Explain bridge/culvert removal reF

List any additional pollutants likely to be present at the construction project.

The California Creek Bridge has lead paint which will be controlled per Clean Air Act regulation by the contractor during demolition and disposal.

Non-Storm Water Discharges S I th t f 11 bl t e ect e ypes o a owa e non-s orm wa er !SC t d. h 1·k I t b arges I e y o e presen t t th a e cons rue 10n proJec . t f t

Type of Allowable Non-Storm Water Discharge Present at Construction Project Irrigation Drainage () Yes {•) No Landscape Watering { ) Yes le) No Pavement Wash Waters {•) Yes I ) No Routine Building Wash Down (•) Yes I ) No Uncontaminated spring or ground water (!) Yes I ) No Water used for dust control (!) Yes ( ) No Emergency fire-fighting activities {•) Yes { ) No Foundation or footing drains lJ Yes (•) No Incidental windblown mist from cooling towers u Yes (!) No Uncontaminated condensate from air conditioners, coolers, or other compressors U Yes (!) No Other Explain () Yes {) No

Final Permit: 2018-2022 Form SWPPP Page4 of 10

Section G - Selection of Best Management Practices (BMPs) (Part 3.5) Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request.

Erosion Control BMPs iii Surface Roughening iiiDiversion Ditches D Velocity Checks I Check Dams iii Preservation of Existing Vegetation iii Minimizing Ground Disturbance iiiMulch- Straw/ Compost iiiTackifiers / Soil Binders iiiTemporary Seeding iii Erosion Control Blankets □Rough Cut Street Controls I Water Bars □Channel Liner iii Stream Crossing □Terracing iii Culvert iiiOutfall / Outlet Protection (Rip Rap) □Other --------- Run On / Runoff Control BMPs □Temporary Slope Drain iii Rock Run Down □Clean Water Diversion □Drainage Swales □Other ---------

Additional BMPs

Sediment Control BMPs iii Silt Fence iiiStraw Wattles □Rock Wattles/ Rock Socks □Curb Socks □Straw Bales

□ Earthen Berms iiiVegetative Buffers □Drainage Ditch/ Ditch Berm □Gravel Pack □Tarps, Plastic, Visqueen □Compost Socks □Brush Barrier

□ Sandbag Barrier iiilnlet Protection □Vehicle Tracking Control Pad □Stabilized Vehicle Entrance iii Stabilized Parking Area iii Stabilized Construction Roadway □Street Sweeping □Sediment Trap D Sediment Basin 0 Other Absorbent boom

List any additional BMPs likely to be used at the construction project.

All stored soils must be covered and/or surrounded by silt fencing.

Final Permit: 2018-2022 Form SWPPP

Administrative Controls □Concrete and Liquid Waste Washouts □Worker Toilets iii Construction Fencing iii Dust Control D Secondary Containment iii Dumpsters/ Waste Receptacles iii Stabilized Staging Area iiiMaterial Storage and Stockpile Area iii Paving and Painting Controls iii Saw Cutting and Grinding Controls iiiSpill Prevention and Response Procedures iiiTraffic Control D Back Charging / Penalties □Other ----------- Post Construction BMPs □Detention Pond(s) □Retention Pond(s) □Drainage Swales iii Infiltration System( s) □Dry Well(s) □Other -----------

Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements.

NA

Dewatering Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP.

Maintain a downstream water flow rate of at least 90 percent of the upstream water flow rate.

Use non-erosive materials for diversions and barriers. Diversion sandbags can be filled with material mined from the floodplain as long as such material is replaced at end of project. Small amounts of in-stream material can be moved to help seal and secure diversion structures.

IZI Dewatering activities will be controlled on-site with no discharge to state waters.

Provide a description of BMPs to be used to control dewatering activities on-site.

(1) Maintain and control water flow downstream of the isolated work area for the duration of the diversion to prevent downstream de-watering.

(2) Regularly inspect and clean coffer dams, culverts, or water-proof lined diversion ditches of excess debris or sediment accumulation.

□Separate authorization obtained under the Construction Dewatering General Permit.

MPDES Permit Authorization Number: MTG07 ___ _ □Dewatering plan is attached to the SWPPP for the separate authorization.

Final Permit: 2018-2022 Form SWPPP Page 6 of 10

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M P s, c o m p le te a n o th e r sh ee t us in g th is p ag e.

Major Construction Activity Schedule (Part 3.7) List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity.

Bridge replacement time frame is approximately 3-months Road resurfacing will be two seasons Culvert work one construction season about 3-4 months Slope work two construction seasons each max 4 months

Section I - Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.

State approved seed mix Mulch Planting of live cuttings

Western Wheatgrass (Pascopyrum smithii) 50% Crested Wheatgrass (Agropyron cristatum) 50% Determine the amount of "live seed" in a container by the following formula:

Net weight of seed in container multiplied by the purity percentage multiplied by the germination percentage. (If seed is 85 percent pure and tests 90 percent germination, then a 100 pound (45.4 kilogram) container would contain 76.5 pounds (34.7 kilograms) of "live seed".)

Wood fiber mulch conforming to Subsection 2000 lbs/acre (includes tracer material)

Section J - Post-Construction Storm Water Management (Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements.

Sloped structures to allow water runoff through riprap and vegetation infiltration before entering a wous.

Final Permit: 2018-2022 Form SWPPP Page 8 of 10

Section K- Site Map (Part 3.10) / 'Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must clearly indicate all the required information in Part 3.10 of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility.

Section L - Inspection and BMP Maintenance Procedures (!'art 3.11) Select the inspection schedule for the construction project:

□Once every 7 calendar days l!JOnce every 14 calendar days, and a post-storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt. Check one: The rainfall event will be determined by either r, a rain gage on site or Ethe following weather service:_h_tt__,_p_s_://_w_e_a_th_e_r.c_o_m_/ __________ _

Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part 3 .12 of the General Permit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction.

Inspections will be conducted at least once every 7 calendar days.

Other schedule as allowed by MPDES Permit.

Inspection frequency may be reduced to at least once every month if:

• The entire site is temporarily stabilized,

• Runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or the ground is frozen), or

• Construction is occurring during seasonal arid periods in arid areas and semi-arid areas

Transition from active construction to post construction will continue as above until 70% reveg is obtained.

Section M - Water Quality Controls for Discharges to Impaired Water bodies (Part 2) Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies.

The permittee should only describe additional BMPs based on their construction activities pollutant sources.

Include any applicable TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed by the Department.

NA

Final Permit: 2018-2022 Form SWPPP Page9 of 10

Section N - Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP.

NA

Section O - CERTIFICATION

Permittee Information: This SWPPP must be completed, signed, and certified as follows:

• For a corporation, by a principal officer of at least the level of vice president;

• For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

• For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official.

Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if:

• The authorization is made in writing by a person described above;

• The authorization specifies 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 a well field, superintendent, 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);

• The written authorization is submitted to the department.

All Permittees Must Complete the Following Certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-

633, MCA]

A. Name (Type or Print) Scott Smithline

B. Title (Type or Print) Environmental Manager

D. Signature SCOTT SMITHLINE Digitally signed by SCOTT SMITHLINE

Date: 2018.09.17 12:36:14 -07'00'

C. Phone No.

360-619-7785

E. Date Signed

9/17/18

The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to:

Final Permit: 2018-2022

Department of Environmental Quality Water Protection Bureau

PO Box 200901 Helena, MT 59620-0901 I

( 406) 444-3080

Form SWPPP Page 10 of 10

National Pollutant Discharge Elimination System General Permit for Discharges from

Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. § 1251 et. seq., (hereafter CWA), as amended by the Water Quality Act of 1987, P.L. 100-4, "operators" of construction activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National Pollutant Discharge Elimination System (NPDES) general permit, are authorized to discharge pollutants in accordance with the effluent limitations and conditions set forth herein. Permit coverage is required from the "commencement of construction activities" (see Appendix A) until one of the conditions for terminating CGP coverage has been met (see Part 8.2).

This permit becomes effective on February 16, 2017.

This permit and the authorization to discharge expire at 11 :59pm, February 16, 2022.

Signed and issued this 11 th day of January 2017

Deborah Szaro, Acting Regional Administrator, EPA Region 1

Signed and issued this 11 th day of January 2017

Javier Laureano, Ph.D., Director, Clean Water Division, EPA Region 2

Signed and issued this 11 th day of January 2017

Jose C. Font, Acting Director, Caribbean Environmental Protection Division, EPA Region 2.

Signed and issued this 11 th day of January 2017

Dominique Lueckenhoff, Acting Director, Water Protection Division, EPA Region 3

Signed and issued this 1 1th day of January 2017

Cesar A. Zapata, Deputy Director, Water Protection Division, EPA Region 4

Signed and issued this 1 Jfh day of January 2017

Christopher Korleski, Director, Water Division, EPA Region 5

Signed and issued this 11 th day of January 2017

William K. Honker, P.E., Director, Water Division, EPA Region 6

Signed and issued this 11 th day of January 2017

Karen Flournoy, Director, Water, Wetlands, and Pesticides Division, EPA Region 7

Signed and issued this 11 th day of January 2017

Darcy O'Connor, Assistant Regional Administrator, Office of Water Protection, EPA Region 8

Signed and issued this 11 th day of January 2017

Kristin Gullatt Deputy Director, Water Division, EPA Region 9

Signed and issued this 11 th day of January 2017

Daniel D. Opalski, Director, Office of Water and Watersheds, EPA Region 10

2017 Construction General Permit (CGP)

CONTENTS

1 How to Obtain Coverage Under the Construction General Permit (CGP)

l. l Eligibility Conditions ..................................................................................... , .................................... l

1.2 Types of Discharges Authorized

1.3 Prohibited Discharges

1.4 Submitting your Notice of Intent (NOi)

1.5 Requirement to Post a Notice of Your Permit Coverage

2 Technology-Based Effluent Limitations ........................................................................ -

2.1 General Stormwater Control Design, Installation, and Maintenance Requirements

2.2 Erosion and Sediment Control Requirements

2.3 Pollution Prevention Requirements

2.4 Construction Dewatering Requirements

3 Water Quality-Based Effluent Limitations

3.1 General Effluent Limitation to Meet Applicable Water Quality Standards

3.2 Discharge Limitations for Sites Discharging to Sensitive Waters

4 Site Inspection Requirements

4.1 Person(s) Responsible for Inspecting Site

4.2 Frequency of Inspections

4.3 Increase in Inspection Frequency for Sites Discharging to Sensitive Waters

4.4 Reductions in Inspection Frequency

4.5 Areas that MUST Be Inspected

4.6 Requirements for Inspections ....................................... ,

4.7 Inspection Report

4.8 Inspections By EPA

5 Corrective Actions

5.1 Conditions Triggering Corrective Action

5.2 Corrective Action Deadlines

5.3 Corrective Action Required by EPA

5.4 Corrective Action Report

6 Staff Training Requirements

7 Stormwater Pollution Prevention Plan (SWPPP) ...........................................................................•.. 26

7 .1 General Requirements

7 .2 SW PPP Contents

7.3 On-Site Availability of Your SWPPP

7.4 SWPPP Modifications

Pagei

8 How to Terminate Coverage

8.1 Minimum Information Required in NOT

8.2 Conditions for Terminating CGP Coverage

8.3 How to Submit Your NOT

8.4 Deadline for Submitting the NOT

8.5 Effective Date of Termination of Coverage

9 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories

Appendix A: Definitions and Acronyms ............................................................................................... A-1

Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses ............................. B-1

Appendix C: Small Construction Waivers and lnstructions ................................................................ C-1

Appendix D: Eligibility Procedures Relating to Threatened & Endangered Species Protection .... D-1

Appendix E: Historic Property Screening Process ................................................................................ E-1

Appendix F: List of Tier 3, Tier 2, and Tier 2.5 Waters ............................................................................ F-1

Appendix G: Buffer Requirements ....................................................................................................... G-1

Appendix H: 2-Year, 24-Hour Storm Frequencies ............................................................................... H-1

Appendix I: Standard Permit Conditions ............................................................................................... 1-1

Appendix J: Notice of Intent (NOi) Form and Instructions .................................................................. J-1

Appendix K: Notice of Termination (NOT) Form and Instructions ..................................................... K-1

Appendix L: Suggested Format for Request for Chemical Treatment ............................................... L-1

Page ii

1 HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT (CGP)

To be covered under this permit, you must meet the eligibility conditions and follow the requirements for obtaining permit coverage in this Part.

1.1 ELIGIBILITY CONDITIONS

1.1.1 You are an "operator" of a construction site for which discharges will be covered under this permit. For the purposes of this permit and in the context of stormwater discharges associated with construction activity, an "operator" is any party associated with a construction project that meets either of the following two criteria:

a. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., in most cases this is the owner of the site); or

b. The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit; in most cases this is the general contractor (as defined in Appendix A) of the project).

Where there are multiple operators associated with the same project, all operators must obtain permit coverage. 1 Subcontractors generally are not considered operators for the purposes of this permit.

1.1.2 Your site's construction activities:

a. Will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land; or

b. Have been designated by EPA as needing permit coverage under 40 CFR l22.26(a)(l)(v) or40 CFR l22.26(b)(l5)(ii);

1.1.3 Your site is located in an area where EPA is the permitting authority (see Appendix B);

1.1.4 Discharges from your site are not:

a. Already covered by a different NPDES permit for the same discharge; or

b. In the process of having coverage under a different NPDES permit for the same discharge denied, terminated, or revoked. 2•3

1.1.5 You are able to demonstrate that you meet one of the criteria listed in Appendix D with respect to the protection of species that are federally listed as endangered or threatened under the Endangered Species Act (ESA) and federally designated critical habitat;

1 If the operator of a "construction support activity" (see Part 1.2. l c) is different than the operator of the main site, that operator must also obtain permit coverage. See Part 7.1 for clarification on the sharing of liability between and among operators on the same site and for conditions that apply to developing a SWPPP for multiple operators associated with the same site.

2 Parts 1.1 .4a and 1.1 .4b do not include sites currently covered under the 2012 CGP that are in the process of obtaining coverage under this permit, nor sites covered under this permit that are transferring coverage to a different operator.

3 Notwithstanding a site being made ineligible for coverage under this permit because it falls under the description of Parts 1.1 .4a or 1.1 .4b, above, EPA may waive the applicable eligibility requirement after specific review if it determines that coverage under this permit is appropriate.

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2017 Construction General Permit (CGP}

1.1.6 You have completed the screening process in Appendix E relating to the protection of historic properties; and

1.1.7 You have complied with all requirements in Part 9 imposed by the applicable state, Indian tribe, or territory in which your construction activities and/or discharge will occur.

1.1.8 For "new sources" (as defined in Appendix A) only:

a. EPA has not, prior to authorization under this permit, determined that discharges from your site will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. Where such a determination is made prior to authorization, EPA may notify you that an individual permit application is necessary. However, EPA may authorize your coverage under this permit after you have included appropriate controls and implementation procedures designed to bring your discharge into compliance with this permit, specifically the requirement to meet water quality standards. In the absence of information demonstrating otherwise, EPA expects that compliance with the requirements of this permit, including the requirements applicable to such discharges in Part 3, will result in discharges that will not cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard.

b. Discharges from your site to a Tier 2, Tier 2.5, or Tier 3 water4 will not lower the water quality of the applicable water. In the absence of information demonstrating otherwise, EPA expects that compliance with the requirements of this permit, including the requirements applicable to such discharges in Part 3.2, will result in discharges that will not lower the water quality of such waters.

1.1.9 If you plan to add "cationic treatment chemicals" (as defined in Appendix A} to stormwater and/or authorized non-stormwater prior to discharge, you may not submit your Notice of Intent (NOi} unless and until you notify your applicable EPA Regional Office (see Appendix L} in advance and the EPA Regional Office authorizes coverage under this permit after you have included appropriate controls and implementation procedures designed to ensure that your use of cationic treatment chemicals will not lead to discharges that cause an exceedance of water quality standards.

1.2 TYPES OF DISCHARGES AUTHORIZED5

1.2.1 The following stormwater discharges are authorized under this permit provided that appropriate stormwater controls are designed, installed, and maintained (see Parts 2 and 3):

a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity under 40 CFR l 22.26(b)( 14) or l22.26(b)(15)(i};

4 Note: Your site will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water to which you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.

5 See "Discharge" as defined in Appendix A. Note: Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CWA section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOi) to be covered by the permit, the SWPPP, or during an inspection.

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b. Stormwater discharges designated by EPA as needing a permit under 40 CFR 122.26(a)(l)(v) or 122.26(b)(15)(ii);

c. Stormwater discharges from construction support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided that:

i. The support activity is directly related to the construction site required to have permit coverage for stormwater discharges;

ii. The support activity is not a commercial operation, nor does it serve multiple unrelated construction sites;

iii. The support activity does not continue to operate beyond the completion of the construction activity at the site it supports; and

iv. Stormwater controls are implemented in accordance with Part 2 and Part 3 for discharges from the support activity areas.

d. Stormwater discharges from earth-disturbing activities associated with the construction of staging areas and the construction of access roads conducted prior to active mining.

1.2.2 The following non-stormwater discharges associated with your construction activity are authorized under this permit provided that, with the exception of water used to control dust and to irrigate vegetation in stabilized areas, these discharges are not routed to areas of exposed soil on your site and you comply with any applicable requirements for these discharges in Parts 2 and 3:

a. Discharges from emergency fire-fighting activities;

b. Fire hydrant flushings;

c. Landscape irrigation;

d. Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

e. Water used to control dust;

f. Potable water including uncontaminated water line flushings;

g. External building washdown, provided soaps, solvents, and detergents are not used, and external surfaces do not contain hazardous substances (as defined in Appendix A) (e.g., paint or caulk containing polychlorinated biphenyls (PCBs)):

h. Pavement wash waters, provided spills or leaks of toxic or hazardous substances have not occurred (unless all spill material has been removed) and where soaps, solvents, and detergents are not used. You are prohibited from directing pavement wash waters directly into any water of the U.S., storm drain inlet, or stormwater conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control;

i. Uncontaminated air conditioning or compressor condensate;

j. Uncontaminated, non-turbid discharges of ground water or spring water;

k. Foundation or footing drains where flows are not contaminated with process materials such as solvents or contaminated ground water; and

I. Construction dewatering water discharged in accordance with Part 2.4.

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1.2.3 Also authorized under this permit are discharges of stormwater listed above in Part 1.2.1 , or authorized non-stormwater discharges listed above in Part 1.2.2, commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.3 PROHIBITED DISCHARGES 6

1.3.1 Wastewater from washout of concrete, unless managed by an appropriate control as described in Part 2.3.4;

1.3.2 Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;

1.3.3 Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external building washdown; and

1.3.5 Toxic or hazardous substances from a spill or other release.

To prevent the above-listed prohibited non-stormwater discharges, operators must comply with the applicable pollution prevention requirements in Part 2.3.

1.4 SUBMITTING YOUR NOTICE OF INTENT (NOi)

All "operators" (as defined in Appendix A} associated with your construction site, who meet the Part 1.1 eligibility requirements, and who seek coverage under this permit, must submit to EPA a complete and accurate NOi in accordance with the deadlines in Table 1 prior to commencing construction activities.

Exception: If you are conducting construction activities in response to a public emergency (e.g., mud slides, earthquake, extreme flooding conditions, widespread disruption in essential public services), and the related work requires immediate authorization to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential public services, you may discharge on the condition that a complete and accurate NOi is submitted within 30 calendar days after commencing construction activities (see Table 1} establishing that you are eligible for coverage under this permit. You must also provide documentation in your Stormwater Pollution Prevention Plan (SWPPP) to substantiate the occurrence of the public emergency.

1.4.1 Prerequisite for Submitting Your NOi

You must develop a SWPPP consistent with Part 7 before submitting your NOi for coverage under this permit.

1.4.2 How to Submit Your NOi

You must use EPA's NPDES eReporting Tool .(NeT} to electronically prepare and submit your NOi for coverage under the 2017 CGP, unless you received a waiver from your EPA Regional Office.

To access NeT, go to https://www.epa.gov/npdes/stormwater-discharges construction-activities#ereporting.

6 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only non-stormwater discharges authorized by this permit are at Part 1 .2.2. Any unauthorized non-stormwater discharges must be covered under an individual permit or alternative general permit.

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Waivers from electronic reporting may be granted based on one of the following conditions:

a. If your operational headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission; or

b. If you have limitations regarding available computer access or computer capability.

If the EPA Regional Office grants you approval to use a paper NOi, and you elect to use it, you must complete the form in Appendix J.

1.4.3 Deadlines for Submitting Your NOi and Your Official Date of Permit Coverage

Table 1 provides the deadlines for submitting your NOi and the official start date of your permit coverage, which differ depending on when you commence construction activities.

~ bl 1 NO b ·tt I a e /Su m, a Dea di" mes an ,c,a ar Dae or d Offi . I St t t f P ·tc erm, overage.

Type of Operator NOi Submittal Deadline7 Permit Authorization Dates

Operator of a new site (i.e., a site where At least 14 calendar days 14 calendar days after EPA construction activities commence on or before commencing notifies you that it has after February 16, 2017) construction activities. received a complete NOi, Operator of an existing site {i.e., a site No later than May 17, 2017.

unless EPA notifies you that your authorization is delayed with 2012 CGP coverage where or denied.

construction activities commenced prior to February 16, 2017)

New operator of a permitted site (i.e., an At least 14 calendar days operator that through transfer of before the date the transfer to ownership and/or operation replaces the new operator will take the operator of an already permitted place.

construction site that is either a "new site" or an "existing site")

Operator of an "emergency-related No later than 30 calendar days You are considered project" (i.e., a project initiated in after commencing provisionally covered under response to a public emergency {e.g., construction activities. the terms and conditions of mud slides, earthquake, extreme this permit immediately, and flooding conditions, disruption in fully covered 14 calendar essential public services}, for which the days after EPA notifies you related work requires immediate that it has received a authorization to avoid imminent complete NOi, unless EPA endangerment to human health or the notifies you that your environment, or to reestablish essential authorization is delayed or public services) denied.

7 If you miss the deadline to submit your NOi, any and all discharges from your construction activities will continue to be unauthorized under the CW A until they are covered by this or a different N PDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of construction activities and discharge authorization.

8 Discharges are not authorized if your NOi is incomplete or inaccurate or if you are not eligible for permit coverage.

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1.4.4 Modifying your NOi

If after submitting your NOi you need to correct or update any fields, you may do so by submitting a "Change NOi" form using NeT. Waivers from electronic reporting may be granted as specified in Part 1.4.1 . If the EPA Regional Office has granted you approval to submit a paper NOi modification, you may indicate any NOi changes on the same NOi form in Appendix J.

When there is a change to the site's operator, the new operator must submit a new NOi, and the previous operator must submit a Notice of Termination (NOT) form as specified in Part 8.3.

1.4.5 Your Official End Date of Permit Coverage

Once covered under this permit, your coverage will last until the date that:

a. You terminate permit coverage consistent with Part 8; or

b. You receive permit coverage under a different NPDES permit or a reissued or replacement version of this permit after expiring on February 16, 2022; or

c. You fail to submit an NOi for coverage under a revised or replacement version of this permit before the deadline for existing construction sites where construction activities continue after this permit has expired.

1.5 REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE

You must post a sign or other notice of your permit coverage at a safe, publicly accessible location in close proximity to the construction site. The notice must be located so that it is visible from the public road that is nearest to the active part of the construction site, and it must use a font large enough to be readily viewed from a public right-of-way.9 At a minimum, the notice must include:

a. The NPDES ID (i.e., permit tracking number assigned to your NOi);

b. A contact name and phone number for obtaining additional construction site information;

c. The Uniform Resource Locator (URL) for the SWPPP (if available), or the following statement: "If you would like to obtain a copy of the Stormwater Pollution Prevention Plan (SWPPP) for this site, contact the EPA Regional Office at [include the appropriate CGP Regional Office contact information found at https:/lwww.epa.gov/npdes/contact-us-stormwater#regional] ;" and

d. The following statement "If you observe indicators of stormwater pollutants in the discharge or in the receiving waterbody, contact the EPA through the following website: https://www.epa.gov/ enforcement /report-environ mental-violations."

9 If the active part of the construction site is not visible from a public road, then place the notice of permit coverage in a position that is visible from the nearest public road and as close as possible to the construction site.

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2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS

You must comply with the following technology-based effluent limitations in this Part for all authorized discharges. 10

2.1 GENERAL STORMWATER CONTROL DESIGN, INSTALLATION, AND MAINTENANCE

REQUIREMENTS

You must design, install, and maintain stormwater controls required in Parts 2.2 and 2.3 to minimize the discharge of pollutants in stormwater from construction activities. To meet this requirement, you must:

2.1.1 Account for the following factors in designing your stormwater controls:

a. The expected amount, frequency, intensity, and duration of precipitation;

b. The nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features. You must design stormwater controls to control stormwater volume, velocity, and peak flow rates to minimize discharges of pollutants in stormwater and to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points; and

c. The soil type and range of soil particle sizes expected to be present on the site.

2.1.2 Design and install all stormwater controls in accordance with good engineering practices, including applicable design specifications. 11

2.1.3 Complete installation of stormwater controls by the time each phase of construction activities has begun.

a. By the time construction activity in any given portion of the site begins, install and make operational any downgradient sediment controls (e.g., buffers, perimeter controls, exit point controls, storm drain inlet protection) that control discharges from the initial site clearing, grading, excavating, and other earth-disturbing activities.