2018__CFLHD_SW_Manual(DRAFT_v_4)_clean.pdf

DRAFTThe Stormwater Practitioners Guide

Prepared By:

U.S. Department of Transportation Federal Highway Administration

Central Federal Lands Highway Division Lakewood, Colorado

October 2018

Version 4: Revised Draft

DRAFT

THE STORMWATER PRACTITIONERS GUIDE i

BMP Summary and Practitioners Guide

TABLE OF CONTENTS

1 Introduction

1.1. Purpose

1.1 Acknowledgements

1.2 Disclaimer

1.3 Scope of this Guide

1.4 Regulatory Setting

1.4.1 Federal Requirements:

1.4.2 State Requirements:

1.4.3 Section 401 Water Quality Certification Permitting

1.5 Watershed Considerations

1.6 Considerations for working in Riverine Systems

1.7 The Riparian Zone

1.7.1 Practices to Promote

1.7.2 Practices to Avoid

2 Integrated Approach to Stormwater Management

2.1 Strategies for Stormwater Quality Management into Project Development

2.1.1 Assemble a Collaborative Team Early

2.1.2 Consider the Site and its Surroundings

2.1.3 Identify Opportunities and Constraints

2.1.4 Preserve Valuable Site Features

2.1.5 Lay Out the Site with Topography and Soils in Mind

2.1.6 Put Landscaping to Work

2.1.7 Stop Pollution at Its Source

2.1.8 Reduce Runoff Close to Its Source

2.1.9 Promote Infiltration Where Feasible

2.1.10 Minimize Impervious Surfaces

2.1.11 Where Feasible, Avoid Draining Impervious Areas Directly to a Storm Drain

2.1.12 Treat Runoff

2.1.13 Hydromodification Management

2.2 Construction Sites and Potential Pollutants

2.3 Potential Pollutants

2.3.1 Total Suspended Solids (TSS) AKA Sediment and Soil

2.3.2 Nutrients

2.3.3 Pesticides

2.3.4 Metals (Particulate and Dissolved)

2.3.5 Pathogens

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2.3.6 Trash

2.3.7 Petroleum Products

2.3.8 Chemicals

2.4 Water Chemistry

2.4.1 pH

2.4.2 Hardness

2.4.3 Salinity and Temperature

2.5 Transport of Stormwater Pollutants

2.5.1 Initial Transport

2.5.2 During “First Flush”

2.5.3 After Entry into a Water Body

2.5.4 During Downstream Transport

2.6 Impacts of Water Quality Pollution on Aquatic Organisms

2.6.1 Water Temperature

2.6.2 Sediment

2.6.3 Metals

2.6.4 Nutrients

2.6.5 Organic Pollutants

2.6.6 Acute and Chronic Effects

2.6.7 Indirect Impacts to Water Quality

2.7 Step by Step Process for SWPPP Development and Implementation

2.7.1 Construction BMP Applicability

2.7.2 Internal Roles and Responsibilities

2.7.3 External Roles and Responsibilities

2.7.4 Step By Step Process Description and Recommendations

3 Stormwater Treatment Program - Best Management Practices and Selection Matrix

3.1 Summary

3.2 Stormwater Treatment Guidance and BMP Selection Matrix

3.3 BMPS in the Selection tool

3.4 Defining Treatment Effectiveness Using Treatment Mechanisms

3.5 Treatment Effectiveness Matrix

3.6 BMP Selection Tool – Metric Ratings

4 Construction Site Best Management Practices

4.1 Construction Operations and Applicable Best Management Practices Matrix

4.2 Site Management BMPs

4.2.1 Training and Communication

4.2.2 Material Delivery and Storage

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4.2.3 Waste Management

4.2.4 Vehicle and Equipment Management

4.2.5 Site Planning and General Practices

4.3 Soil Stabilization and Erosion Control BMPs

4.3.1 Slope Roughening, Terracing, and Rounding

4.3.2 Mulch

4.3.3 Seeding

4.3.4 Chemical Stabilization with Soil Binders

4.3.5 Temporary Cover, Geotextiles, Mats/Plastic Covers and Rolled Erosion Control Products

4.3.6 Earth Dikes/Drainage Swales and Ditches

4.3.7 Outlet Protection/Velocity Dissipation Devices

4.3.8 Slope Drains

4.4 Sediment Control Practices

4.4.1 Silt Fence

4.4.2 Sedimentation / De-silting Basin

4.4.3 Sediment Trap / Filter Bags / Curb Cutback

4.4.4 Check Dam

4.4.5 Fiber Rolls

4.4.6 Gravel Bag / Earthen Berm

4.4.7 Street Sweeping and Vacuuming

4.4.8 Sand Bag Barrier

4.4.9 Straw Bale Barrier

4.4.10 Storm Drain Inlet Protection

4.4.11 Compost Socks

4.4.12 Flexible Sediment Barrier

4.5 Tracking Control Practices

4.5.1 Stabilized Construction Entrance and Exit

4.5.2 Stabilized Construction Roadway

4.5.3 Entrance/Outlet Tire Wash

4.6 Wind Erosion Control

4.7 Non-Storm Water Controls

4.7.1 Temporary Stream Crossing (Discussed further in Chapter 5)

4.7.2 Clear Water Diversion (Discussed further in Chapter 5)

4.7.3 Material and Equipment Use Over Water (Discussed Further in Chapter 5)

4.7.4 Structure Demolition/Removal Over Water (Discussed Further in Section Chapter 5)

4.7.5 Water Conservation Practices

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4.7.6 Dewatering Operations

4.7.7 Paving, Sealing, Sawcutting, and Grinding Operations

4.7.8 Illicit Connection/Illegal Discharge Detection and Reporting

4.7.9 Potable Water/Irrigation

4.7.10 Pile Driving Operations

4.7.11 Concrete Curing

4.7.12 Concrete Finishing

4.8 Monitoring and Inspection Program

4.9 Rain Event Action Plans

4.9.1 Rain Event Triggered Observations and Inspections

4.9.2 Visual Observations Prior to a Forecasted Qualifying Rain Event

4.9.3 BMP Inspections During an Extended Storm Event

4.9.4 Visual Observations Following a Qualifying Rain Event

5 Construction BMPs for working In, Over or adjacent to Waters of the U.S.:

5.1 Working On or Over Water; Including Material and Equipment Use on Water:

5.1.1 Description and Purpose ............................................................. Error! Bookmark not defined.

5.1.2 Appropriate Applications ........................................................... Error! Bookmark not defined.

5.1.3 Limitations ..................................................................................... Error! Bookmark not defined.

5.1.4 Standards and Specifications ...................................................... Error! Bookmark not defined.

5.1.5 Inspection and Maintenance ....................................................... Error! Bookmark not defined.

5.1.6 Typical Details

5.1.7 Removal

5.2 Demolition Over or Adjacent to Water

5.2.1 Description and Purpose ............................................................. Error! Bookmark not defined.

5.2.2 Appropriate Applications ........................................................... Error! Bookmark not defined.

5.2.3 Limitations ..................................................................................... Error! Bookmark not defined.

5.2.4 Standards and Specifications ...................................................... Error! Bookmark not defined.

5.2.5 Inspection and Maintenance ....................................................... Error! Bookmark not defined.

5.2.6 Typical Details

5.3 Temporary Stream/River Crossing

5.3.1 Description and Purpose

5.3.2 Appropriate Applications

5.3.3 Limitations

5.3.4 Standards and Specifications

5.3.5 Inspection and Maintenance

5.3.6 Typical Details

5.4 Streambank Stabilization

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5.4.1 Description and Purpose

5.4.2 Suitable Applications

5.4.3 Limitations

5.4.4 Implementation

5.4.5 Streambank Stabilization Methods

5.4.6 Streambank Sediment Control Methods

5.4.7 Inspection and Maintenance

5.4.8 Typical Details

5.5 Clear Water Diversion and Isolation Techniques

5.5.1 Description and Purpose

5.5.2 Design Considerations

5.5.3 Suitable Applications

5.5.4 Limitations

5.5.5 Standards and Specifications

5.5.6 General Considerations

5.6 Filter Fabric Isolation Technique

5.6.1 Definition and Purpose

5.6.2 Appropriate Applications

5.6.3 Limitations

5.6.4 Standards and Specifications

5.6.5 Installation

5.6.6 Inspection and Maintenance

5.6.7 Typical Details

5.7 Turbidity Curtain Isolation Technique

5.7.1 Definition and Purpose

5.7.2 Appropriate Applications

5.7.3 Limitations

5.7.4 Standards and Specifications

5.7.5 Inspection and Maintenance

5.7.6 Typical Details

5.8 K-Rail (Jersey Barrier) River Isolation Technique

5.8.1 Definition and Purpose

5.8.2 Appropriate Applications

5.8.3 Limitations

5.8.4 Standards and Specifications

5.8.5 Inspection and Maintenance

5.8.6 Typical Details

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5.9 Cofferdam and/or Sheet Pile Isolation Technique

5.9.1 Definition and Purpose

5.9.2 Appropriate Applications

5.9.3 Limitations

5.9.4 Standards and Specifications

5.9.5 Inspection and Maintenance

5.9.6 Typical Details

5.10 Gravel/Rock Berm with Impermeable Membrane Isolation Technique

5.10.1 Definition and Purpose

5.10.2 Appropriate Applications

5.10.3 Limitations

5.10.4 Standards and Specifications

5.10.5 Inspection and Maintenance

5.10.6 Typical Details

5.11 Gravel bag or Sandbag Isolation Technique

5.11.1 Definition and Purpose

5.11.2 Appropriate Applications

5.11.3 Limitations

5.11.4 Standards and Specifications

5.11.5 Inspection and Maintenance

5.11.6 Typical Details

5.12 Pipe Piles and Caisson Isolation Technique

5.12.1 Definition and Purpose

5.12.2 Appropriate Applications

5.12.3 Limitations

5.12.4 Standards and Specifications

5.12.5 Inspection and Maintenance

5.12.6 Typical Details

5.13 Stream Diversion Techniques: Pumped, Pipe/Flume, and Excavated

5.13.1 Definition and Purpose

5.13.2 Appropriate Applications

5.13.3 Advantages

5.13.4 Limitations

5.13.5 Standards and Specifications

5.13.6 Inspection and Maintenance

5.13.7 Typical Details

5.14 In-stream Construction Sediment Control

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5.14.1 Definition and Purpose

5.14.2 Appropriate Applications

5.14.3 Limitations

5.14.4 Standards and Specifications

5.14.5 Inspection and Maintenance

5.14.6 Typical Details

5.15 Washing Fines (Streambed Restoration Technique)

5.15.1 Definition and Purpose

5.15.2 Appropriate Applications

5.15.3 Limitations

5.15.4 Standards and Specifications

6 Glossary

TABLE OF FIGURES

Figure 1. Regulatory Boundaries in Waters of the United States Figure 2: Lane’s Balance of Sediment Supply & Sediment Size with Slope (energy grade) & Discharge Figure 3: Channel Evolution Process (Source: Schumm, S., 1984) Figure 4: Conceptual Riparian Cross Section Figure 5. Stormwater Plan Decision Tree Figure 6. Checklists for Erosion and Sediment Control Plans Figure 7. Checklist for Site Plan Figure 8. General Erosion and Sediment Control Notes Figure 9. Schematic of BMP Selection Tool Figure 10. BMP Selection Process Figure 11. Example of streambank stabilization options during bridge replacement Figure 12. Example of roadway with riprap and bioengineering features Figure 11: Geotextiles, Silt Barriers, Curtain Enclosure Method Figure 12: Turbidity Curtain Enclosure Method Figure 13: Turbidity Curtain Enclosure Method Figure 14: Turbidity Curtain Enclosure Method Figure 15: K-Rail Isolation Method Figure 16: Coffer Dam Isolation Method Figure 17: Sheet Pile Isolation Method Figure 18: Water-Filled Geotextile (Bladder Dam) Figure 19: Gravel/Rock Berm with Impermeable Membrane Figure 20: Gravel Bag / Sand Bag Method Figure 21: Diversion Method Figure 22: Diversion Methods viii THE STORMWATER PRACTITIONERS GUIDE

THE STORMWATER PRACTITIONERS GUIDE 1

Diversion and Isolation Techniques

ABBREVIATIONS AND ACRONYMS

AASHTO American Association of State

Highway and Transportation Official

BFM Bonded Fiber Matrix

BMP Best Management Practice

CCS Cellular Confinement System

CFLHD Central Federal Lands Highway Division

CFR Code of Federal Regulations

CFT Cross Functional Team

CNPCP Coastal Nonpoint Pollution Control Program

CWA Clean Water Act

CWB Clean Water Branch

CZARA Coastal Zone Act Reauthorization Amendments

CZM Coastal Zone Management

CZMA Coastal Zone Management Act

DLNR Department of Land and Natural Resources

DOH Department of Health

DOT Department of Transportation

DSA Disturbed Soil Area

EMD Environmental Management Division

EO Executive Order

EPA Environmental Protection Agency

ESA Environmentally Sensitive Area

ETAP Environmental Technologies Action Plan

FAC Facultative

FACU Facultative Upland

FACW Facultative Wetland

FHWA Federal Highway Administration

FH Forest Highway

FLAP Federal Lands Access Program

FLH Federal Lands Highway

GPS Global Positioning System

HAR Hawaii Administrative Rules

HDOT Hawaii Department of Transportation

HGM Hydrogeomorphic

HRS Hawaii Revised Statutes

IWPPP In Water Pollution Prevention Plan

JD Jurisdictional Delineation

LEDPA Least Environmentally Damaging Practicable Alternative

LOP Letter of Permission

LRR Land Resource Region

MLRA Major Land Resource Area

NAEL National Elk Wildlife Refuge

NHD National Hydrographic Datum

NPDES National Pollution Discharge Elimination System

NPS Non-Point Source

NRCS Natural Resource Conservation Service

NRPW Non-Relatively Permanent Water

NWI National Wetland Inventory

NWPL National Wetland Plant List

OBL Obligate

OHWM Ordinary High Water mark

OP Office of Planning

PAH Polycyclic Aromatic Hydrocarbons

PDT Project Delivery Team

PE Project Engineer

PEM Palustrine Emergent

PFO Palustrine Forested

POC Pollutants of Concern

PSS Palustrine Scrub/Shrub

QA Quality Assurance

QSP Qualified Stormwater Professional

RE Resident Engineer

REAP Rain Event Action Plan

ROW Right of Way

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RPW Relatively Permanent Water

SR State Route

SRNF Six Rivers National Forest

SWANCC Solid Waste Agency of Northern Cook County

TMDL Total Maximum Daily Load

TNW Traditional Navigable Water

TSS Total Suspended Solids

SDWA Safe Drinking Water Act

SWPPP Storm Water Pollution Prevention Plan

UPL Upland

US United States

USACE United States Army Corps of Engineers

USC United States Code

USDA United States Department of Agriculture

USGS United States Geological Service

USFWS United States Fish and Wildlife Service

UTM Universal Transverse Mercator

WUS Waters of the United States

WWB Wastewater Branch

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REFERENCES

The following documents are incorporated by reference:

American Society of Civil Engineers/Environmental and Waters Research Institute (ASCE/EWRI). 2001.

Guide for BMP Selection in Urban Developed Areas.

City and County of Honolulu’s Department of Environmental Services in cooperation with The General Contractors Association of Hawaii (Honolulu 1999) ; Best Management Practices Manual for Construction Sites in Honolulu, May 1999

City and County of Honolulu’s Department of Environmental Services (Honolulu 2011); Stormwater Best Management Practices Manual for Construction, November 2011

California Department of Transportation (Caltrans). 2000; Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, November 2000.

Caltrans. 2003. California Storm Water Quality Handbooks, Construction Site Best Management Practices (BMPs) Manual, March, 2003.

Caltrans. 2003. Construction Site BMP Field Manual and Trouble Shooting Guide. January 2003

Caltrans. 2005. Stormwater Quality Handbooks: Project Planning and Design Guide.

Colorado Water Quality Control Division. 2000. Colorado Regulation Number 82. 5 Code of Colorado Regulations (CCR) 1002-82 401 Certification Regulation, Appendix I: The Selection of Best Management Practices for Clean Water Act 401 Certifications, October 2000

Department of Transportation (FHWA 2014), Federal Highway Administration; Standard Specifications for construction of roads and bridges on Federal Highways projects (FP-14); 2014

Hawaii, Department of Health, Clean Water Branch (DOH-CWB). 2015. Hawai’i’s Nonpoint Source Management Plan 2015-2020. Polluted Runoff Control Program. Available at:

http://health.hawaii.gov/cwb/site-map/clean-water-branch-home-page/polluted-runoff-control-program/

Hawaii Department of Transportation (HDOT). 2008. Construction Best Management Practices Field Manual, 2008.

HDOT. 2015a. Storm Water Management Program, Storm Water Permanent Best Management Practices Manual, April 2015.

HDOT. 2015b. Storm Water Management Program, Stormwater Management Program Plan, April 2015

Hawaii, OP. 1996. Hawaii Coastal Zone Management Program. Hawaii’s Coastal Nonpoint Pollution Control Program, Management Plan, Volume 1

Hawaii Office of Planning (OP). 2013. Stormwater Impact Assessment: Connecting primary, secondary and cumulative impacts to Hawaii’s Environmental Review Process. May 2013.

Hawaii, OP. 2015. Hawai’i’s State Land Use System, Informational Briefing Before the Senate Committee on Water and Land, January 28, 2015. Department of Business, Economic Development and Tourism, State of Hawaii Available ate: http://planning.hawaii.gov/

Idaho Department of Transportation (IDOT). 2014. Stormwater Best Management Practices Manuel, January 2014.

Lake Tahoe Regional Planning Agency (Tahoe 2014); Best Management Practices Handbook, May 2014.

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Lane, E.W. 1955. The Importance of Fluvial Morphology in Hydraulic Engineering. Proceedings of the American Society of Civil Engineers, Journal of the Hydraulics Division, vol. 81, paper no. 745.

Minnesota Stormwater Manuel. 2005. Version 1; Minnesota Stormwater Steering Committee, November 2005. Available at http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html

National Cooperative Highway research Program (NCHRP). 2006. Evaluation of Best Management Practices and Low Impact Development for Highway Runoff Control.

National Research Council. 1995. Wetlands: Characteristics and Boundaries. Washington D.C.: National Academy Press.

Naiman, R.J., De´camps, H., McClain, M.E., 2005. Riparia: Ecology, Conservation and management of Streamside Communities. Academic Press, San Diego.

Oregon Department of Transportation (ODOT). 2008. Memorandum: Stormwater Treatment Progam – BMP Selection Tool. October 22, 2008.

ODOT. 2008. Memorandum: Stormwater Treatment BMP Summary Reports. October 22, 2008.

ODOT. 2008. Memorandum: Water Quality Design Storm Evaluation and Guidance.

ODOT. 2008. Memorandum: Water Quantity (Flow Control) Design Storm Performance Standard.

Portland Water Bureau. 2008. Erosion and Sediment Control Manual

Portland Bureau of Environmental Services. 2006. Effectiveness Evaluation of Best Management Practices for Stormwater Management in Portland, Oregon.

River Corridor Protection and Management FACT SHEET Colorado Water Conservation Board

Sacramento Region Steering Committee. 2014. Stormwater Quality Design Manual, Integrated Design Solutions for Urban Development, Protecting Our Water Quality. May, 2014.

Schumm, S.A. 1984. The Fluvial System. John Wiley and Sons, New York.

Shoemaker, Leslie; Lahlou, Mohammed; Doll, Amy and Patricia Cazenas, 2000, Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring. U.S. Department of Transportation, Federal Highway Administration Publication No. FHWAEP-00-002, Office of Natural Environment, Federal Highway Administration, Washington, D.C. 287p.

United States Army Corps of Engineers. 2016. Pictorial Representations of Jurisdiction. Available at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/juris_info.a spx

United States Department of Agriculture, Natural Resources Conservation Service. 1998. The Practical Streambank Bioengineering Guide, User’s Guide for Natural Streambank Stabilization Techniques in the Arid and Semi-Arid Great Basin and Intermountain West.

Water Environment Research Foundation (WERF). International Stormwater BMP Database.

(www.bmpdatabase.org).

THE STORMWATER PRACTITIONERS GUIDE 3

CHAPTER 1:

1 INTRODUCTION

1.1. PURPOSE

The Federal Highway Administration (FHWA), Central Federal Lands Highway Division (CFLHD) is proposing updates to improve stormwater management and the implementation of Best Management Practices (BMPs) on the transportation projects they design and oversee.

The purpose of this manual is to provide guidance on common BMPs used in protecting water quality during planning, design and construction activities, with a heavy emphasis on work that is occurring adjacent to, over, or in the boundaries of waters meeting the definition of Waters of the United States (US) (WUS) under the Clean Water Act (30 Code of Federal Regulations [CFR] 328). A key component to successfully accomplish this goal is an integrated storm water management approach to protecting water quality throughout the life of a project; from project planning and design to after construction completion.

Integrated stormwater management is simply thinking about all of the factors that somehow affect this precipitation as it moves from the land surface to an eventual receiving water. It is the process of accounting for all of these factors (e.g. rate, volume, quality, ground water impact) in a logical process so that inadvertent mistakes are not made that could eventually harm a resource. The treatment train approach to stormwater and non-stormwater management mimics this natural sequence as the project design and construction team looks at potential pollutant sources and determines how best to address them, starting with the most basic of solutions and increasing in complexity only if needed, since simple methods of management are often the most practical.

Numerous planning, design, and construction techniques known as BMPs exist to protect natural receiving waters against pollutants commonly associated with the operation, maintenance and construction of transportation facilities. Early consideration of storm water management and BMP alternatives during project design is critical to successful water quality management during construction. The correct selection, installation, and maintenance of BMPs are also paramount in ensuring they effectively treat the pollutants of concern (POC) identified for a particular project.

The purpose of this practitioner guide is to provide regulators, developers, contractors, site managers and inspectors with a guide to an integrated stormwater management approach to project design and construction on FHWA-CFLHD projects. Chapter 2 of this guide provides a summary of key components of an integrated stormwater management approach. Chapter 3 provides a BMP Selection Tool through the utilization of effective BMPs for managing pollutants on transportation construction projects. Improvements in construction techniques and BMP technologies are constantly evolving. Most of the BMPs discussed in this manual have been used effectively by departments of transportation (DOT) across the country. The BMP Selection Tool provides a transparent and technically based BMP selection process that documents the

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decisions made during project development while promoting consistency in the stormwater management process.

Chapter 4 summarizes the standard construction stormwater and non-stormwater controls BMPs that are commonly implemented on transportation construction projects.

This manual builds off of the wealth of available information on the subject of BMPs and proper implementation during construction. The BMPs contained in the Selection Tool do not constitute an exhaustive list of BMPs, but instead provide a summary of common practices utilized for managing pollutant generating activities on transportation projects.

Finally, Chapter 5 provides a summary of additional BMPs which are commonly utilized for isolating construction from flowing or standing water.

Each BMP measure summarized in this manual consists of the following:

General description;

Applications;

Standards and Specifications;

Limitations; and

Inspections and Maintenance.

The BMPs included in this manual focus on the areas of site management, erosion control, sediment control, waste management, tracking controls, and non-stormwater controls during construction including clean water diversion or isolation of a work area from water. They are established practices and procedures to control potential pollutants at their source. These BMPs supplement the standard erosion and sediment control measures included in project plans. Proper installation maintenance and inspection of these BMPs on FHWA-CFLHD projects will further help protect the valuable water resources from avoidable impacts and harmful pollutants.

1.1 ACKNOWLEDGEMENTS

Appreciation and acknowledgment is extended to the California Department of Transportation (Caltrans), Idaho Department of Transportation (IDOT), Oregon Department of Transportation (ODOT), The Sacramento Region Stormwater Quality Design Steering Committee and the Lake Tahoe Regional Planning Agency for use of their publications in preparing the information contained in this manual.

This manual was made possible by the combined efforts of many professionals:

Thomas Parker (Lead), Federal Highway Administration, Central Federal Lands Highway Division, Transportation Specialist.

Opal Forbes, FHWA-CFLHD, Environmental Protection and Permitting Specialist.

Add others here:

1.2 DISCLAIMER

The information presented in this Practitioners Guide was taken from available and relevant sources deemed to be representative of appropriate BMPs. This manual has

THE STORMWATER PRACTITIONERS GUIDE 5

been prepared as a reference guideline, however, due to site specific conditions, the selection of the BMPs must be used in conjunction with best professional judgment and sound engineering principles to assure proper function and performance of the BMPs contained herein. The author does not guarantee the accuracy or completeness of this document and will not assume any liability or responsibility for the use of, or for any damages resulting from the use of any information contained herein. The detail and the wording in this manual will not necessarily result in compliance with the appropriate Standard Specifications. Compliance with other requirements such as the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP- 14), State Water Quality Standards, and/or State Water Pollution Control Criteria are deemed the responsibility of the engineer / planner and construction contractor.

The FHWA, their employees, contractors, and subcontractors make no warrant, expressed or implied, and assume no legal liability for the information in this manual;

nor does any party represent that the uses of this information will not infringe upon privately owned rights. This manual has been prepared by the FHWA as voluntary guidance on stormwater compliance and best management practices (BMPs). The recommendations and protocols discussed in this manual are intended to be suggestions for FHWA to use at their discretion. The guidance and BMPs are strictly voluntary and are not intended to implement, replace, duplicate, interpret, amend, or supplement any current statute or regulation. Adherence to the guidance and BMPs does not ensure compliance with any local, state, or federal statute or regulation nor does failure to follow the guidance and BMPs necessarily imply a violation of the National Environmental Policy Act, Clean Water Act, Coastal Zone Management Act, Endangered Species Act or other relevant statutes or legal requirements.

This guide is not intended to be a manual for designing plans and specifications, but a source of information about erosion, sediment, stormwater and non-stormwater control BMPs to aid during the development of plans and specifications. The contents should not be interpreted as necessarily representing the policies or recommendations of other referenced agencies or organizations. Refer to state, federal and local regulations and permits for applicable design criteria. For additional detailed design guidance, please refer to the numerous references and manuals listed in the References section of this document. For further reference, see Federal, state and local stormwater and water quality regulations and requirements.

1.3 SCOPE OF THIS GUIDE

Water quality can be affected when runoff carries sediment or other pollutants into streams, wetlands, lakes, marine waters and/or into groundwater. Stormwater management can help to reduce these effects. Stormwater management involves careful application of site design principles, construction techniques and source controls to prevent sediment and other pollutants from entering surface or groundwater, treatment of runoff to reduce pollutants, and flow controls to reduce the impact of altered hydrology. This is especially true during the planning, construction, and maintenance of transportation infrastructure projects.

Numerous Department of Transportations and Stormwater Associations have evaluated and prepared BMP manuals to evaluate their effectiveness for different pollution generating activities. These manuals have been reviewed and integrated into this

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practitioner’s guide. Additionally, non-stormwater BMPs including clear water diversion and isolation techniques for construction projects that require work within or around wet areas are especially important given the nature of the work. An understanding of techniques is required to understand the anticipated in-water impacts from construction related erosion and sediment. Construction activities in or near open water can be managed to mitigate risks to water quality through the implementation of these or similar techniques. Technology is always changing, and additional materials, techniques, and products may be developed which expand upon the BMPs referenced within this manual.

1.4 REGULATORY SETTING

Legal protection of water resources are guided by federal statutes and state statues and rules. The three primarily federal laws include: the Clean Water Act , the Coastal Zone Management Act and the Coastal Zone Act Reauthorization Amendments , and the Safe Drinking Water Act.

1.4.1 FEDERAL REQUIREMENTS:

1.4.1.1 Clean Water Act

In 1972, Congress amended the Federal Water Pollution Control Act, making the addition of pollutants to the WUS from any point (A point source is any discrete conveyance such as a pipe or a man-made ditch.) unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit.

This act and its amendments are known today as the Clean Water Act (CWA). Congress has amended the act several times. In the 1987 amendments, Congress directed dischargers of storm water from municipal and industrial/construction point sources to comply with the NPDES permit scheme. The following are important CWA sections:

Sections 303 and 304 require states to issue water quality standards, criteria, and guidelines.

Section 401 requires an applicant for a federal license or permit to conduct any activity that may result in a discharge to waters of the U.S. to obtain certification from the state that the discharge will comply with other provisions of the act.

This is most frequently required in tandem with a Section 404 permit request (see below).

Section 402 establishes the NPDES, a permitting system for the discharges (except for dredge or fill material) of any pollutant into waters of the U.S. State’s and/or the Environmental Protection Agency (EPA) usually administer this permitting program. Section 402(p) requires permits for discharges of storm water from industrial, construction, and municipal separate storm sewer systems (MS4s).

Section 404 establishes a permit program for the discharge of dredge or fill material into waters of the United States. This permit program is administered by the U.S. Army Corps of Engineers (USACE).

The goal of the CWA is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”

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1.4.1.1.1 Waters of the United States

The USACE derives its regulatory authority over potential WUS from two federal laws:

1) Section 10 of the Rivers and Harbors Act of 1899 and 2) Section 404 of the Clean Water Act (CWA) of 1972.

Section 10 of the Rivers and Harbors Act of 1899 prevents unauthorized obstruction or alteration of navigable WUS. Navigable waters are defined as “subject to the ebb and flow of the tide and/or presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce” (33 CFR 322.2(a)). A Section 10 permit is required for non-fill discharging activities that would place any structure below, within, or over navigable WUS, or would involve excavation/dredging or deposition of material or any obstruction or alteration in navigable WUS.

The CWA defines WUS subject to agency jurisdiction in 40 CFR 230.3. Under Section 404 of the CWA, dredged and fill material may not be discharged into jurisdictional WUS (including wetlands) without a permit. Wetlands are a subset of jurisdictional WUS and are jointly defined by the USACE and the U.S. Environmental Protection Agency (40 Code of Federal Regulations [CFR] 230.3) as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.”

The USACE issues two types of 404 permits: General and Standard permits. There are two types of General permits: Regional permits and Nationwide permits. Regional permits are issued for a general category of activities when they are similar in nature and cause minimal environmental effect. Nationwide permits are issued to allow a variety of minor project activities with no more than minimal effects.

Ordinarily, projects that do not meet the criteria for a Nationwide Permit may be permitted under one of the USACE’s Standard permits. There are two types of Standard permits: Individual permits and Letters of Permission. For Standard permits, the USACE decision to approve is based on compliance with U.S. Environmental Protection Agency’s (EPA) Section 404 (b)(1) Guidelines ( EPA Code of Federal Regulations [CFR] 40 Part 230), and whether the permit approval is in the public interest. The Section 404(b)(1) Guidelines (Guidelines) were developed by the U.S. EPA in conjunction with the USACE, and allow the discharge of dredged or fill material into the jurisdictional waters (i.e. WUS) only if there is no practicable alternative which would have less adverse effects. The Guidelines state that the USACE may not issue a permit if there is a least environmentally damaging practicable alternative (LEDPA) to the proposed discharge that would have lesser effects on WUS and not have any other significant adverse environmental consequences. According to the Guidelines, documentation is needed that a sequence of avoidance, minimization, and compensation measures has been followed, in that order. The Guidelines also restrict permitting activities that violate water quality or toxic effluent (The U.S. EPA defines “effluent” as “wastewater, treated or untreated, that flows out of a treatment plant, sewer, or industrial outfall.”) standards, jeopardize the continued existence of listed species, violate marine sanctuary protections, or cause “significant degradation” to WUS. In addition, every permit from the USACE, even if not subject to the Section 404(b)(1) Guidelines, must meet general and regional requirements. See 33 CFR 320.4 for general policies for evaluating permit

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applications. Below in Figure 1 is a graphical depiction of the boundary of WUS under Section 10 of the RHA and Section 404 of the CWA.

Figure 1. Regulatory Boundaries in Waters of the United States.

1.4.1.2 Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) (United States Code (USC) Sections 3501 et seq., as amended in 1990 under the Coastal Zone Act Reauthorization Amendments), administered by the National Oceanic and Atmospheric Administration’s (NOAA) Office of Ocean and Coastal Resource Management, provides for management of the nation’s coastal resources and balances economic development with environmental conservation. The national goal for the CZMA program is to “preserve, protect, develop, and where possible, to restore or enhance the resources of the nation’s coastal zone.”

The purpose of the Coastal Zone Act Reauthorization Amendments (CZARA) of 1990 is to improve the management of the coastal zone and enhance environmental protection of coastal zone resources. Section 6217 of CZARA seeks to address Non-Point Source (NPS) pollution problems in coastal waters by implementing the Coastal Nonpoint Pollution Control Program (CNPCP). The CNPCP is a statewide coastal zone program that establishes and oversees a set of management measures to prevent and reduce NPS pollution from six sources: forestry, agriculture, urban areas, marinas, hydromodifications, and wetlands and riparian areas. The CNPCP also includes a monitoring and tracking condition to ensure that the management measures are being implemented. This program is administered jointly by the EPA and the NOAA.

Section 307 of the CZMA, requires federal agency activities and development projects affecting any coastal use or resource to be undertaken in a manner consistent to the

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maximum extent practicable with the state’s Coastal Zone Management (CZM) program. Also, activities requiring a federal permit or license, and activities conducted with federal financial assistance, that affect coastal uses and resources must be conducted in a manner consistent with the state’s CZM program. The CZMA federal consistency provision ensures that federal agencies cannot act without regard for, or in conflict with, state policies that have been officially incorporated into a state’s CZM program. Federal actions affecting any coastal use or resource must be reviewed by the state CZM program to ensure that proposed activities are consistent with state enforceable policies.

1.4.1.3 Safe Drinking Water Act

The Safe Drinking Water Act (SDWA), which was originally passed in 1974, protects public health by regulating the nation’s drinking water supply. It is administered by the EPA and implemented by state agencies. State regulatory agencies are responsible for protecting their State’s drinking water resources, including both surface and groundwater sources, and ensures that public water systems meet federal and state health-related standards for drinking water. This usually includes management of wastewater within the state. This that the use and disposal of wastewater does not contaminate water sources and affect drinking water and public health.

1.4.1.4 Endangered Species Act

The purpose of the Endangered Species Act (ESA) is to protect and promote recovery of imperiled species and the ecosystems upon which they depend. The federal ESA is administered by NOAA Fisheries Service for marine mammal species and anadromous species. USFWS administers the ESA for freshwater fish species, and for birds, mammals, reptiles, amphibians, invertebrates, and plants.

Three provisions of the ESA may apply directly to stormwater management: Section 4(d) rules, Section 7 consultations and Section 10 habitat conservation plans.

Section 4(d) of the ESA requires USFWS or NOAA Fisheries Service to implement protective measures that prevent further damage to threatened species. Section 4(d) applies only to threatened species; endangered species are afforded full legal protection without room for maneuvering. “Take” of any species listed as endangered is prohibited by the ESA. Take of threatened species may be allowable under permit, provided project-related take does not interfere with species survival or recovery.

ESA compliance involves determination of effect on listed species, and may lead to consultation with USFWS/NOAA Fisheries Service under Section 7.

1.4.1.5 Magnuson-Stevens Fishery Conservation and Management Act The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the primary law governing marine fisheries management in U.S. Federal waters. It establishes a national program for the conservation and management of the fishery resources of the United States to prevent overfishing, rebuild overfished stocks, ensure conservation, facilitate long-term protection of essential fish habitats (EFH), and realize the full potential of the Nation’s fisheries. In accordance with Section 305(b) of the MSA, Funding Agencies must consult with NOAA’s NMFS regarding any of their actions authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken

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that may adversely affect EFH. For additional guidance, please view the EFH Regulatory Guidelines (http://www.habitat.noaa.gov/pdf/efhregulatoryguidelines.pdf).

1.4.2 STATE REQUIREMENTS:

Most states are authorized by the EPA to assume responsibility for NPDES permitting.

Each state permit is normally issued for a period of 5 years. However, some states are not able to meet the 5-year deadline to re-issue the permits and administratively extend the permits until the new permit can be issued.

1.4.2.1 Arizona

Permit General Permit for Stormwater Discharges Associated with Construction Activity to Waters of the United States, June 3, 2013 – June 2, 2018

Website link AZ CGP

Regulating Agency

Arizona Department of Environmental Quality

Coverage Requirement

• Construction activities (earth‐disturbing; large, small, and support) that disturb 1 or more acres of land or less than 1 acre as part of common plan of development that is more than 1 acre

• Impaired waters within 0.25 mile have additional requirements

• Outstanding Arizona waters within 0.25 mile have additional requirements

• Erosivity waiver option for small construction activities (less than 5 acres)

Who is required to obtain permit coverage

All operators must submit an NOI for the project.

Operators are:

1) Owner or owner’s agent that has control of plans and specifications

2) Contractor with day to day implementation

The SWPPP can be joint as long as the document has assignment of responsibilities.

SWPPP Template available

NOI

Requirement

• Online NOI submittal, immediate certification unless certain circumstances require longer ADEQ review (assume 30 days if so)

• SWPPP submitted if impaired or outstanding waters within ¼ mile

• Notify ADEQ to get erosivity waiver certification

• Fees must be paid prior to coverage; accepts credit card

Link to Online System

AZDEQ NOI

Fee(s)

<1 ac: $250 annual 1‐50 ac: $350 annual >50 ac: $500 annual $1000 for SWPPP review $500 for 2nd SWPPP review >1 ac but less <5 ac Low Erosivity Waiver: $700

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General Permit for De Minimis Discharges to Waters of the U.S., June 1, 2016 – May 31, 2021

Website http://azdeq.gov/sites/default/files/final_dmgp_2016.pdf

Regulating Agency

Arizona Department of Environmental Quality

Coverage Requirement

• Certain non‐stormwater discharges, like subterranean dewatering

• Exceptions apply

SWPPP Best Management Practice Plan may be required

Who is required to obtain permit coverage

The applicant submitting a Notice of Intent (NOI) must be a person having control of those activities related to the subject discharge which are necessary to ensure compliance with the conditions of this permit, and who takes responsibility for such compliance.

NOI

Requirement

• Online NOI submittal, immediate certification unless certain circumstances require longer ADEQ review (assume 30 days if so)

• Fees must be paid prior to coverage; credit card accepted

Link to Online System

AZDEQ NOI

Fee(s) $250 for single source $1000 for BMP plan review Annual fee if longer than 1 year

1.4.2.2 California

General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, July 1, 2010 – September 2, 2014 (extended pending new permit)

Website link CA CGP

Regulating Agency

California State Water Resources Control Board and Regional Water Quality Control Boards

Coverage Requirement

Construction or demolition activities (ground or soil disturbing) that disturb 1 or more acres of land or less than 1 acre as part of common plan of development that is more than 1 acre

Routine Maintenance projects do not require coverage

Erosivity waiver option for small construction activities (less than 5 acres)

Who is required to obtain permit coverage

Land Owner (or contracting agency) but not transferrable to the contractor.

SWPPP

QSD must prepare SWPPP Risk level used for BMPs Post‐construction BMPs if net increase in impervious area CASQA has SWPPP templates

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NOI

Requirement

Online NOI submittal through SMARTS with immediate certification pending Board verification

SWPPP submitted electronically

Fee paid via check once invoice generated in SMARTS

Waiver request through SMARTS

Link to Online System

SMARTS

Fee(s) Annual fee based on acreage disturbed, $400‐$6,700 ($1,400 max for Federal agencies and no annual fee) $200 for Low Erosivity Waiver

General WDRs and NPDES General Permit for Storm Water Discharges Associated with Construction Activity in the Lake Tahoe Hydrologic Unit, January 1, 2017 – December 31, 2021 Counties of Alpine, El Dorado, and Placer

Website link Tahoe CGP

Regulating Agency

Lahontan Regional Water Quality Control Board

Coverage Requirement

Construction or demolition activities (ground or soil disturbing) that disturb 1 or more acres of land or less than 1 acre as part of common plan of development that is more than 1 acre

Routine Maintenance projects do not require coverage

No erosivity waiver

Who is required to obtain permit coverage

Land Owner (or contracting agency) but not transferrable to the contractor

SWPPP

QSD must prepare SWPPP

Risk level used for BMPs and is the same for all projects in this special area

Post‐construction BMPs if net increase in impervious area

CASQA has SWPPP templates

NOI

Requirement

Online NOI submittal through SMARTS with certification pending Board verification

SWPPP submitted electronically

Fee paid via check once invoice generated in SMARTS

Waiver request through SMARTS

Link to Online System

SMARTS

Fee(s) Annual fee based on acreage disturbed, $400‐$6,700 ($1400 maximum for federal agencies – no annual fee) $200 for Low Erosivity Waiver

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1.4.2.3 Colorado

General Permit for Discharges from Construction Activities, February 16, 2017 – February 16, 2022

Website link EPA CGP

Regulating Agency

U.S. EPA, Region 8

Who is required to obtain permit coverage

All operators must submit an NOI for the project.

Operators are:

1) Owner or owner’s agent that has control of plans and specifications

2) Contractor with day to day implementation

The SWPPP can be joint as long as the document has assignment of responsibilities.

Coverage Requirement

Construction activities that disturb 1 or more acres of land or less than 1 acre as part of common plan of development that is more than 1 acre

Federal operators only in CO

Requires ESA and NHPA compliance

SWPPP EPA SWPPP template available on EPA website

NOI

Requirement

Online NOI submittal through NeT (NPDES eReporting Tool), allowing 14‐day review by EPA

SWPPP must be prepared, but is not submitted unless requested

Link to Online System

EPA NeT

Fee(s) No fee

1.4.2.4 Hawaii

NPDES General Permit Authorizing Discharges of Storm Water Associated with Construction Activity

Website link HI CGP

Regulating Agency

Hawaii Department of Health, Clean Water Branch

Coverage Requirement

Construction activities (soil disturbance, pavement resurfacing if base course or soil exposed, grubbing) that disturb 1 or more acres of land or less than 1 acre as part of common plan of development that is more than 1 acre

Exceptions for certain types of waters

Who is required to obtain permit coverage

The owner or it’s duly authorized representative shall submit a complete notice of intent no later than thirty days before the proposed starting date of the construction activity.

SWPPP must list all contractors and subcontractors working on the project.

Not transferrable to the contractor.

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SWPPP HIDOT and Honolulu have templates that may be useful

Requirement

Online NOI submittal through DOH site plus CD and signature page of submittal, allowing at least 30 days for DOH review

Fee paid via credit card online with NOI.

Link to Online System

DOH e‐Permitting

Fee(s) $500 fee per NOI, no annual fee noted. Some fees for major modifications.

1.4.2.5 Kansas

Kansas Water Pollution Control General Permit and Authorization to Discharge Stormwater Runoff from Construction Activities under the NPDES, August 1, 2017 – July 31, 2022

Website link KS CGP

Regulating Agency

Kansas Department of Health and Environment

Coverage Requirement

Construction activities (soil disturbing) that disturb 1 or more acres or less than 1 acre as part of common plan of development that is more than 1 acre

Routine maintenance that disturbs less than 5 acres does not require coverage.

Who is required to obtain permit coverage

Owners or operators of construction activities which may disturb one (1.0) or more acres of soil or are part of a larger common plan of development or sale which may disturb a cumulative total of one (1.0) or more acres of soil must obtain authorization to discharge stormwater runoff from construction activities.

Contractor can hold permit, but review time is 60 days.

SWPPP No template; NOI instructions list information required

NOI

Requirement

NOI and SWPPP submitted in hard copy, allowing at least 60 days for KDHE review

Original signed NOI required by Division Director or Assistant Director

Fee paid via check with submittal

Link to Online System n/a

Fee(s) $60 annually

1.4.2.6 Nebraska

Authorization to Discharge Under the NPDES for Storm Water Discharges from Construction Sites to Waters of the State of Nebraska, November 1, 2016 – October 31, 2021

Website link NE CGP

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Agency

Nebraska Department of Environmental Quality

Coverage Requirement

Large and small construction activities (land disturbance of more than 1 acre or less if part of common plan; change in topography, soil cover, or soil topography)

Requires consideration of federally and state‐listed species and critical habitat

Who is required to obtain permit coverage

Owner: Person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease holder, the party or individual as the lease holder; or the contacting government agency responsible for the construction activity.

Operator: Person (often the general contractor) designated by the owner, who has day-to-day operational control and/or the ability to modify project plans and specifications related to the SWPPP. The person shall be knowledgeable in those areas of the permit for which the operator is responsible.

Permittee: Can be person(s), firm, or governmental agency or other institution that signs the application submitted to the Department and is responsible for compliance with the terms and condition of this permit.

SWPPP

NDOR has template that may be useful.

Qualified personnel must prepare SWPPP

NOI

Requirement