ATTACHMENT 5.docx

ATTACHMENT 5

EXIBIT

Project No. 20051040.B40 Pawtuxet and Pocasset River Confluence Floodplain Restoration Cranston, Rhode Island Storm Water Pollution Prevention Plan Natural Resources Conservation Service Warwick, Rhode Island May 2010 317 Iron Horse Way Suite 204 Providence, RI 02908 F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc i Table of Contents Pawtuxet and Pocasset River Confluence Floodplain Restoration Cranston, Rhode Island Storm Water Pollution Prevention Plan Natural Resources Conservation Service 1 Introduction 2 Project Purpose and Site Description

2.1 Construction Activities

3 Erosion and Sediment Controls 4 Post Construction Stormwater Management 5 Other Soil Erosion and Sediment Controls 6 Maintenance

6.1 Inspection

7 Certification F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc ii Table of Contents Pawtuxet and Pocasset River Confluence Floodplain Restoration Cranston, Rhode Island Storm Water Pollution Prevention Plan Natural Resources Conservation Service Drawings Bound Separately 1 Cover Sheet 2 Legend & General Notes 3 Site Index and Access Plan 4 & 5 Existing Conditions Plan No. 1 & 2 6 & 7 Site Clearing and Erosion & Sediment Control Plan No. 1 & 2 8 & 9 Site Restoration Plan No. 1 & 2 10 Typical Cross-section Plan 11 – 13 Details Appendices End of Report A General Permit for the Rhode Island Discharge Elimination System (RIPDES) Storm Water Discharge Associated with Construction Activity F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 1 1 Introduction The scope of work to be completed under this Storm Water Pollution Prevention Plan (SWPPP) consists of restoration of an existing floodplain at the confluence of the Pawtuxet and Pocasset Rivers in the City of Cranston, Rhode Island, with the intent to improve habitat and to enhance its capacity to store and convey floods.

This work is considered to be a “construction activity” in accordance with the General Permit for the Rhode Island Discharge Elimination System (RIPDES) Storm Water Discharge Associated with Construction Activities, dated September 2008 (general permit). This SWPPP has been prepared in accordance with the general permit, a copy of which, including the general requirements, is provided in Appendix A. The purpose of this SWPPP is to specify the erosion and sediment control requirements during and following construction.

The Contractor shall be responsible for implementing all elements of the erosion and sediment control measures as defined within this SWPPP. This project will not be considered complete until all disturbed areas have been satisfactorily stabilized, all erosion has been repaired and all temporary erosion control measures have been removed.

A copy of this plan and completed inspection must be maintained on site during the extent of coverage under this permit.

2 Project Purpose and Site Description The project consists of restoration of an existing floodplain in the City of Cranston, Rhode Island, with the intent to improve habitat and to enhance its capacity to store and convey floods. The site selected for improvements consists of wetland and upland areas located within the floodplains of the Pawtuxet and Pocasset Rivers.

The proposed project generally includes the removal of fill located within the floodplain of the Pawtuxet River and the restoration of these impacted areas with wetland vegetation (as depicted on the provided drawings). The area targeted for restoration includes an upland area located in the eastern portion of the subject site along the Pawtuxet River. The ground surface within this area ranges between elevations of 13.0 feet and 18.0 feet. Proposed work is shown on the provided drawings includes a maximum area of disturbance of approximately 6.8 acres.

The property on which the proposed work will occur is owned by the City of Cranston and is located between Pontiac Avenue and the Pawtuxet River. The United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) owns a perpetual easement on the lot, equal to approximately 25.6 acres. All work conducted will occur within the perpetual easement. The site is bounded to the north by the Pocasset River and to the east by the Pawtuxet River.

The Rhode Island Soil Survey (USDA, 1981) and associated RIGIS data for this area depicts the western portions of this site to be underlain by an irregularly shaped area of Rumney fine sandy loam (Ru). This nearly level, poorly drained soil designation is indicative of flood plains.

Throughout this Rumney soil is shown various pockets of open water, some of which F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 2 correspond to existing pockets of water. Overall, these soil characteristics would be consistent with the wetland soils and overall hydric conditions that were observed throughout the subject wetlands on site. The eastern half of this site is shown by the Soil Survey as exhibiting a Udorthents-Urban land complex. This soil normally consists of moderately well drained to excessively drained soils that have been disturbed by cutting or filling. While this portion of the wetland still exhibits hydric conditions, the Udorthents-Urban designation would be consistent with the upland pockets originally created by the disposal of fill material that are found within this portion of the site. Field observations do however indicate that the area of Udorthents- Urban soils is actually smaller than is currently depicted by the Soil Survey.

2.1 Construction Activities

Construction activities are expected to commence in July 2010 and be completed by December 30, 2010. Described on the Legend & General Notes sheet of the provided drawings (see General Construction Sequence heading) the major construction activities to occur under this SWPPP consist of the following:

• Installation of erosion and sedimentation control measures and construction entrances.

• Clearing activities necessary to install the haul road and subsequent installation of the haul road (consisting of crushed stone underlain by a geogrid for subgrade stabilization).

• Excavation of floodplain fill material, to be hauled to proposed staging and storage areas for testing prior to off-site disposal.

• Upon removal of fill to desired final grade elevations, fine grading and raking of all disturbed areas in preparation of permanent seeding. Seeding shall occur within the specified seeding dates as noted under the Erosion Control Notes heading.

• Once seeding has been established, removal of perimeter sediment controls (i.e., silt fencing) in all off-site areas. The wattles installed within the on-site floodplain areas shall remain and be allowed to biodegrade naturally.

As with any construction project, there are potential sources of pollution that may reasonably be expected to affect the quality of storm water that is discharged off-site. Such potential sources for this project are as follows: exposed and unprotected soil as a result of grading operations, exposed and/or un-stabilized soil stockpiles, and the tracking of sediment.

As a result of such concerns, the Contractor shall be aware that clearing and grubbing, stripping and placing topsoil, and associated earthwork operations all have significant potential to cause erosion and sedimentation until complete stabilization of the site. In addition, both temporary and permanent sedimentation and erosion control devices are required for this project. The following section discusses controls that are required for this site.

3 Erosion and Sediment Controls Expected disturbance to soil, sediment, and land resulting from proposed construction operations have been evaluated. Temporary best management practices (BMPs) shall be implemented throughout the project to minimize erosion of soils. These controls shall include vegetative, structural, and nonstructural practices. Such measures are proposed to not only F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 3 provide protection against erosion both during and after construction, but also to reduce the amount of sediment in storm water prior to being discharged off-site.

The contractor is responsible for implementing all erosion and sediment controls in accordance with the Rhode Island Soil Erosion and Sediment Control Handbook dated 1989, with the latest addendums and revisions. Controls must be inspected by or under the supervision of the permittee at least once every seven (7) calendar days and within twenty four hours after any storm event which generates at least 0.25 inches of rainfall per twenty four (24) hour period The contractor is responsible for the maintenance and removal of all erosion control measures when instructed by the Engineer. The Engineer shall direct the contract to remove the erosion control measures when seeded areas are well established.

The BMPs required to be implemented on this site during construction include construction entrances, silt fence, wattles, and dewatering basins (if necessary; constructed using baled hay erosion check and silt fence combined). Each of these control measures are depicted on the Details sheet of the provided drawings and shall be installed, maintained, and removed (where applicable) in accordance with the Erosion Control Notes provided on the Legend & General Notes sheet.

• Silt Fence – Silt fencing shall be provided along the down-gradient perimeters of the access road, staging area, and area of disturbance within non-floodplain areas. Silt fence shall be removed only when the entire site has been satisfactorily and permanently stabilized. Accumulated sediment shall be removed from behind structures if its height exceeds one-half the height of the barrier during the course of construction and shall be completely removed and properly disposed of when such structures are removed.

• Wattles – Biodegradable wattles have been proposed along the down-gradient perimeters of the access route and area of disturbance within the floodplain to contain sediment from entering the waters of the Pawtuxet River. Accumulated sediment shall be removed from behind structures if its height exceeds one-half the height of the barrier during the course of construction and shall be completely removed and properly disposed of upon completion of the project. Upon completion of the project, the wattles installed within the on-site floodplain areas shall remain and be allowed to biodegrade naturally.

• Sedimentation Basins – Removal of fill material within the floodplain may require dewatering operations, in which case sedimentation basins shall be provided, maintained, and removed when appropriate. Construction will occur during the seasonal low flow period within the rivers (July through October) to maximize the period in which construction can occur during low water levels at the site. The mean water surface elevation during this period is approximately 9.7 feet. Consequently, the project does not anticipate the need for extensive dewatering during construction.

• Construction Entrances and Dust Control – It shall be the contractor’s responsibility to clean roads, control dust, and take all necessary measures to ensure that the site be maintained in a mud and dust-free condition at all times throughout the life of the F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 4 contract. Dust control shall include, but is not limited to, water, crushed stone, and/or coarse gravel. A stone construction entrance (Rhode Island standard) shall be provided at the entrance of the access to prevent vehicles from tracking sediment onto adjacent paved areas. All vehicular traffic entering or exiting the project site shall pass over the construction entrances to reduce the tracking or flowing of sediment onto access roadways. These entrances shall be maintained in such a condition that will prevent the tracking or flowing of sediment on/off site, including periodic top dressing with additional stone or additional length as well as repair and/or cleanout of any measures used to trap sediment.

• Temporary Vegetative Cover and Mulching - Temporary vegetative cover shall be applied to any disturbed areas (including soil stockpile areas) that have not yet reached finished grade as soon as possible, but not more than fourteen days after the construction activity in that area has temporarily ceased, unless the activity is to resume within 21 days. Temporary mulch shall also be provided to non-floodplain areas which cannot be seeded within the recommended seeding dates and any soil stockpile areas (see Erosion Control Notes, Legend & General Notes sheet).

Permanent erosion control will be provided through the establishment of permanent vegetation as indicated in the Erosion Control Notes. Areas of on-site fill removal will be restored with a seed mixture containing both annual ryegrass and a wetland seed mix. Areas of disturbance in non-floodplain and wetland areas will be seeded with a general highway seed mix.

4 Post Construction Stormwater Management Given the nature and intent of the proposed project, no new structural measures will be installed during the construction project to control storm water within the project area following completion of the construction operations. This is a floodplain restoration project with the intent to improve habitat and to enhance the capacity of the Pawtuxet and Pocasset Rivers to store and convey floods. With respect to catchment areas, runoff flows, etc., postdevelopment storm water conditions will be virtually identical to pre-development conditions.

5 Other Soil Erosion and Sediment Controls

• Waste Disposal – Materials which could be a potential source of storm water pollution such as gasoline, diesel fuel, hydraulic oil, etc., shall be stored at the end of each day in a storage trailer or covered location and taken off-site and properly disposed of. All types of waste generated at this site shall be disposed of in a manner consistent with State Law and/or regulations.

• Spill Prevention and Response Procedure – Any inadvertent or deliberate discharge of waste oil or any other pollutant to the storm water disposal system requires immediate notification to the RIDEM Oil Pollution Control Program at 401-222-1360, as per the Oil Pollution Control Regulations. During non-working hours, notification of spills can be made to the RIDEM Division of Enforcement at 401-222-3070 (the 24-hour emergency response phone number).

F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 5 Any incident of groundwater or surface water contamination resulting from the improper discharge of pollutants to the storm water disposal system shall be the responsibility of the property owner as well as any other parties that the RIDEM determines to be responsible for the contamination. Pursuant to State Laws and Regulations, the RIDEM may require the property owner and other responsible parties to remediate any incidents that may adversely impact groundwater quality.

During the contract time, the Contractor shall be responsible to remediate incidents that adversely impact groundwater quality.

• Control of Allowable Non-Storm Water Discharges – If allowable non-storm water discharges are occurring at the site, such discharges shall be visually observed and recorded as outlined below and in accordance with Part II of the General Permit which has been included in Appendix A. The list of expected sources of allowable non-storm water discharges for this project are as follows: (1) discharge from vehicle washdown where no detergents are used, (2) the use of water to control dust, (3) lawn watering, (4) irrigation drainage, (5) pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where no detergents are not used.

• Good Housekeeping – The project site shall provide for the minimization of exposure of construction debris (including, but not limited to, insulation, wiring, paints and paint cans, solvents, wall board, etc.) to precipitation by means of disposal and/or proper shelter or cover.

In addition, construction waste must be properly disposed of in order to avoid exposure to precipitation at the end of each working day.

6 Maintenance The contractor is responsible for the maintenance of permanent measures until construction of the project is completed or until it is accepted by the owner, at which point such controls shall be removed, along with accumulated sediment, after upgradient areas are suitably stabilized. The owner is responsible thereafter. All erosion control on the site are to be inspected at least once every seven (7) calendar days and within twenty four (24) hours after an event which generates

0.25 inches of rain in a twenty (24) hour period. General maintenance practices are as follows:

• Silt Fence – Silt fence (including those sections encompassing soil stockpile areas) shall be inspected immediately after each rainfall and at least daily during prolonged rainfall.

Any required repairs shall be made immediately. Should the fabric decompose or become ineffective and this barrier will still be necessary, the fabric shall be replaced promptly.

• Wattles – Wattles shall also be inspected immediately after each rainfall and at least daily during prolonged rainfall. Any required repairs shall be made immediately. Should F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 6 the material decompose or become ineffective and this barrier will still be necessary, the appropriate section of wattle shall be replaced promptly. Upon completion of the project, the wattles installed within the on-site floodplain areas shall remain and be allowed to biodegrade naturally.

• Construction Entrances - These entrances shall be maintained in such a condition that will prevent the tracking or flowing of sediment on/off site, including periodic top dressing with additional stone or additional length as well as repair and/or cleanout of any measures used to trap sediment.

• Dust Control – It shall be the Contractor’s responsibility to control dust and take all necessary measures to ensure the site is maintained in a dust free condition at all times throughout the contract times. Repetitive treatments should be applied as necessary.

6.1 Inspection

All storm water control measures, disturbed areas, areas used for the storage of materials that are exposed to precipitation (including soil stockpiles), discharge locations, and locations where vehicles enter and exit the site, must be inspected by the permittee at least once every seven (7) calendar days and within twenty-four (24) hours after any storm event which generates at least

0.25 inches of rainfall per twenty-four (24) hour period and/or after a significant amount of runoff. Such areas shall be inspected for evidence of, or the potential for, pollutants entering the waters of the State or a separate storm sewer system. All BMPs shall be maintained to prevent uncontrolled releases of measurable amounts of sediment or sediment laden water from traveling beyond the limits of disturbance.

If an inspection reveals a discharge of sediments to the waters of the State or a separate storm sewer system, the permittee must notify the Owner of the nature of the discharge, the measures taken to clean up the discharge, and the measures taken to prevent future releases. Based on the results of the inspections, the site description identified in this SWPPP, and pollution prevention measures identified in this SWPPP, this permit must be revised as appropriate, but in no case later than seven (7) calendar days following the inspection. Such modifications must provide for implementation of any changes to the SWPPP within seven (7) calendar days following the inspection.

A report summarizing the scope of the inspection, name(s), and titles of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken must be made and retained as part of the SWPPP for at least five

(5) years from the date that the site has undergone final stabilization. Such reports must identify any incidents of noncompliance. Where a report does not identify any incidents of noncompliance, the report must contain a certification that the site is in compliance with the SWPPP and this permit.

The report must be signed in accordance with Part V.G. of the General Permit which has been included in Appendix A. The Contractor must retain a copy of the SWPPP and inspection and maintenance records at the site, which should be available for review at any time. A copy of the F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc 7 inspection and maintenance records and any amendments to the SWPPP shall be submitted to the Owner upon completion of the project.

()FUSS&O’NEILL

7 Certification Professional Engineer Certification I cert~i that in mjprofessionalju4gment, the storm waterpollutionpreventionplanpreparedfor this site meets the criteria setforth in the Rhode Island Pollutant Dischat~e Elimination Sjstem (RIPDES) storm water re~gulations (RIPDES Rule 31). This certjflcation is based on mj review ofthe storm waterpollution prevention planfor the site and inspection ofthe site. I am aware that there are signjficantpenaltiesforfalse statements in this certification, including the possibility offine and imprisonmentfor knowinth makingfalse statements.

ENGINEER: Dean E. Audet, P.E.

Registered Professional Engineer State of Rhode Island, No. 7589 ~Date) (Printed Name) F:\P2005\1040\B40\Permitting\SWPPP\kmn Confluence Floodplain Restoration SWPI’P 20100510.doc 100% F:\P2005\1040\B40\Permitting\SWPPP\kmn_Confluence Floodplain Restoration SWPPP_20100510.doc Appendix A General Permit for the Rhode Island Discharge Elimination System (RIPDES) Storm Water Discharge Associated with Construction Activity General Permit Rhode Island Pollutant Discharge Elimination System Storm Water Discharge Associated with Construction Activity September 26, 2008 Valid ONLY in accordance with Part I.C.

Expiration Date: September 25, 2013 Rhode Island Department of Environmental Management Office of Water Resources Permitting Section RIPDES Program

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RHO

STORM W

GENERAL PERMIT

DE ISLAND POLLUTANT DISCHARGE ELIMINATION SYSTEM

ATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY

PLEASE READ THIS PERMIT CAREFULLY!

Construction activities which disturb one (1) or more acres of land and where storm water runoff is directed, via a point source (see RIPDES Rule 3 for the definition of point source), into a separate storm sewer system or into the waters of the State, are required to seek coverage under a RIPDES storm water permit. The RIPDES Program of the Office of Water Resources realizes that effective regulatory mechanisms to control erosion and sedimentation are currently required by the RIDEM, Freshwater Wetlands and Water Quality Certification Programs; the Coastal Resources Management Council (CRMC); and in those towns/cities which have a Qualifying Local Program that has been formally approved by the Department (see RIPDES Rule 15.01(i) for the definition of Qualifying State, or Local Programs). In order to reduce duplication of effort, construction activities that require a CRMC permit, RIDEM Water Quality Certification approval and/or QLP approval will be automatically granted authorization from RIPDES upon departmental receipt of the CRMC permit or the QLP approval and the RIDEM Water Quality Certification (if applicable) and a complete and certified NOI for activities that disturb five (5) or greater acres. For activities that disturb equal to or greater than one (1) acre and less than five (5) acres, approval will be automatically granted authorization from RIPDES upon applicant receipt of the CRMC permit or the QLP approval and the RIDEM Water Quality Certification (if applicable). For all construction activities equal to or greater that one (1) acre and require a RIDEM Freshwater Wetlands permit, authorization from RIPDES will be automatically granted upon applicants receipt of the Freshwater Wetlands permit. For all other construction activities that disturb five (5) or greater acres, authorization will only be granted upon notification from the Director after RIPDES review of the NOI and Storm Water Pollution Prevention Plan. For all other construction activities that disturb equal to or greater than one (1) acre and less than five (5) acres, authorization will be granted automatically upon departmental receipt of a complete and certified NOI if the project does not propose a storm water or allowable storm water discharge to or discharge related activities within a Natural Heritage Area that may affect, a listed or proposed to be listed endangered or threatened species or its critical habitat. If the project does propose a storm water or non-storm water discharge to or discharge related activities within a Natural Heritage Area, authorization will be automatically granted within thirty

(30) days after departmental receipt of NOI unless notified to the contrary by the Director, or automatically granted with a prior approval from the DEM Natural Heritage Program finding no adverse impact. Regardless of the means of obtaining approval, the permittee is still responsible for complying with all terms and conditions of this permit and any other applicable State, local and/or federal regulations. The Department will be held harmless for any failure of the permittee to comply with this permit.

I. GENERAL CO

A. Permit Area.

VERAGE UNDER THIS PERMIT

This permit applies to all areas of the State of Rhode Island.

B. Eligibility Allowable Storm Water Discharges. Subject to compliance with the terms and conditions of this permit, you are authorized to discharge pollutants in:

a. All new and existing storm water discharges associated with construction activity, including, but not limited to, clearing, grading, excavation, and filling, where total land disturbance is equal to or greater than one (1) acres including construction activities involving soil disturbances of less than one

(1) acre of disturbance if that construction activity is part of a larger common plan of development or sale that would disturb one (1) or more acre, and the discharge is composed entirely of storm water. A discharge 1.

- 2 -am e the s orm water discharge covered under this permit prior to mixing with a discharge which is authorized and in compliance with an risdiction of a Qualifying Local Program (QLP), and the operator of the construction activity is not required to obtain from the Department. For sites requiring QLP approval, all conditions of this permit risdiction;

ted to the construction site required to have a RIPDES permit coverage for discharges of storm the completion of the construction activity at the last construction project it supports; and c.

RIPDES

permit and/or discharge that does not require a RIPDES permit

2. Allowable shall be considered composed entirely of storm water if there is adequate access to s pl t existing RIPDES permit or the discharge is listed in Part I.B.2. below. If a construction site is within the ju a RIDEM Freshwater Wetlands Permit, Coastal Resources Management Council (CRMC) permit, or a RIDEM Water Quality Certification, the operator must apply for QLP approval unless the operator is a Federal or State agency that has obtained RIPDES permit authorization apply, with the exception of Parts V.L. and V.T. This permit does not preempt or supersede or expand the authority of local agencies to prohibit, restrict, or control discharges of storm water to storm drains or other water courses within their ju

b. Storm Water Discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging areas yards, material storage areas, excavated material disposal areas, borrow areas ) provided:

i. The support activity is directly rela water associated with construction activity;

ii. The support activity is not a commercial operation serving multiple unrelated construction projects by different operators, and does not operate beyond

iii. Appropriate controls and measures are identified in a Storm Water Pollution Prevention Plan (SWPPP) covering the discharges from the support activity areas; and Discharges composed of allowable discharges listed in Part I.B.1 of this permit commingled with a discharge authorized by a different authorization.

non-storm water discharges. Other discharges not comprised of storm are allowed under this permit but are limited to the following: discharges result from the washdown of vehicles where no detergents are used;

building washdown where no detergents are used; the u water which external se of water to control dust; fire fighting activities; fire hydrant flushings; natural springs;

waterline of toxic or hazardous materials have not occurred (unless all spilled materials have been removed) and where detergents are not used; and foundation or footing uncontaminated groundwater; lawn watering; potable water sources including flushings; irrigation drainage; pavement washwaters where spills or leaks drains where flows are not contaminated with process materials such as solvents, or contaminated by contact with soils where spills or leaks of toxic or hazardous materials has occurred. If any of these discharges may reasonably be expected to be present and to be mixed with storm water discharges, they must be specifically

- 3 -identified in the site's Storm Water Pollution Prevention Plan as described in Part IV. of this permit.

3. Limitations of Coverage. The following discharges associated with construction activity are not authorized by this permit.

a. Storm water discharges associated with construction activity that the vironmental Management has found to be or may reasonably be expected to be contributing to a violation of water b.

ecies or its critical habitat;

c.

s measures or controls that are consistent with the assumptions and requirement of the TMDL.

i. If the TMDL or other water quality determination establishes specific the necessary steps to be consistent with the TMDL must be ii.

iv. If the EPA approved or established TMDL or other water quality Post-construction discharges that originate from the site after construction Director of the Department of En quality standards, or to be a significant contributor of pollutants;

Storm water discharges associated with construction activity, allowable non-storm water discharges and discharge related activities that adversely effect a listed, or a proposed to be listed, endangered or threatened sp Storm water associated with construction activity discharging into any water for which a Total Maximum Daily Load (TMDL) has been either established or approved by the EPA or other water quality determination unless the SWPPP incorporate requirements that would apply to the discharges from the site, the requirements must be incorporated into the SWPPP and implemented.

If the TMDL or other water quality determination establishes general requirements applicable to construction storm water discharges, but does not establish specific requirements for the discharges from the site, the owner/operator must consult with the Department TMDL authority to confirm that adherence to a SWPPP that meets the requirements of the Construction General Permit will be consistent with the TMDL.

iii. If an EPA approved or established TMDL or other water quality determination has not specified requirements applicable to construction storm water discharges, but has not specifically excluded these discharges, adherence to a SWPPP that meets the requirements of the Construction General Permit, will generally be assumed to be consistent with the approved TMDL.

determination specifically precludes the discharges, the discharges are not eligible for coverage under this permit; and d.

activities have been completed and the site has achieved final stabilization, including any temporary support activity. Post-construction storm water from industrial sites may need to be covered by a separate RIPDES permit.

- 4 - C. Authorization.

water discharges associated with construction activities that disturb one (1) or more acres an one (1) acre if that construction activity is part of a larger common plan of elop nt o applicable sect

1. Deadlines for Requesting Authorization For storm water discharges associated with construction activity of five (5) maintain permit coverage in accordance with Part I.C.2 of this permit.

b. For sto comme an NO submitt e land isturbing activities.

2. Granting of Au CRMC / QLP a. For all QLP ap CRMC or QLP > 5 acres Construction activities that disturb an area equal to or greater than rector. The issuance of the CRMC permit or the QLP approval and RIDEM

CRMC

1-5 acr greater than one (1) acre and less than five (5) acres, authorization to discharge nted upon applicant and RIDEM Water f applicable). The issuance of the CRMC RIDEM Water Quality Certification Note: All construction activities regulated by RIPDES which are also under Wetlan >1 acre equal to or greater than one (1) acre and are required to obtain a RIDEM Freshwater Wetlands permit, authorization to discharge under this permit will be automatically To be covered under this general permit, owners or operators of storm or less th dev me r sale that would disturb one (1) or more acre, must comply with the ions below.

a.

acres or more, which was authorized under the 2003 General Permit and is expected to continue beyond the effective date of this permit, an NOI must be submitted within thirty (30) days of the effective date of this permit to rm water discharges associated with construction activities which nce after the effective date of this permit, and are required to submit I in accordance with Part I.C.2 of this permit, an NOI must be ed at least thirty (30) days prior to the commencement of th d thorization.

construction activities that are required to obtain a CRMC permit, or proval, and a RIDEM Water Quality Certification (if applicable):

i.

five (5) acres, authorization to discharge under this permit will be automatically granted upon departmental receipt of the CRMC permit or QLP approval, RIDEM Water Quality Certification (if applicable), and a complete and certified NOI (in accordance with Part III.A.9), unless notified to the contrary by the Di Water Quality Certification (if applicable) will serve as authorization of RIPDES approval.

or QLP es ii. Construction activities that disturb an area equal to or under this permit will be automatically gra receipt of the CRMC permit or QLP approval Quality Certification (i permit or the QLP approval and (if applicable) will serve as authorization of RIPDES approval.

CRMC review are required to file an application for a Water Quality Certification.

ds

b. For all construction activities that disturb an area

- 5 -nted upon applicants receipt of the Freshwater Wetlands permit. The issuance of RIDEM Freshwater Wetlands permit will serve as authorization All Othe > 5 acr the 1-5 acr DEM Heritage Program Data, authorization will be automatically er Maps, DEM Heritage Program Data, authorization will be automatically D.

gra of RIPDES approval.

r es c. For all other construction activities that disturb an area equal to or greater than five (5) acres, authorization to discharge will only be granted upon notification from the Director after review of the NOI and Storm Water Pollution Prevention Plan.

All O r es d. For all other construction activities that disturb an area equal to or greater than one (1) acre and less than five (5) acres, authorization to discharge will be granted as follows, unless notified to the contrary by the Director:

(i) If the construction activity is located completely outside of and does not discharge directly to a Natural Heritage Area found on RIDEM's web site under Maps, DEM Heritage Program Data, authorization will be granted automatically upon receipt of a complete certified NOI (in accordance with Part III.A.9 & 10).

(ii) If the construction activity is located within or discharges directly to a Natural Heritage Area found on RIDEM's web site under Maps, granted upon departmental receipt of a complete certified NOI (in accordance with Part III.A.9) and an approval from the DEM Fish and Wildlife finding no adverse impact, or

(iii) If the construction activity is within or discharges directly to a Natural Heritage Area found on RIDEM's web site und granted within thirty (30) days after departmental receipt of a complete certified NOI (in accordance with Part III.A.9).

Termination of Coverage. Owners and/or operators of storm water discharges associated with construction activity must notify the Director in writing upon completion of land disturbing activities. At that point, coverage under this permit is terminated. At a minimum, the following information is required to terminate coverage under this permit:

1. The owner's name, mailing address, and telephone number,

2. The operator's name, mailing address, and telephone number,

5. Certification that the storm water discharge associated with construction activity no te.

3. The name and location of the facility,

4. The RIPDES Storm Water permit number, and longer takes place at the si E. Failure to Notify. Owners or operators who fail to notify the Director of their intent to be covered under a general permit, and discharge pollutants to the waters of the State or to a of Rhod separate storm sewer system without a RIPDES permit, are in violation of Chapter 46-12 e Island General Laws and the Clean Water Act (CWA).

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. PERMIT

IV of th PPP developed under the previous (2003) general permit may satisfy this requirement, provided it adequately the dat kept on site at all times during the extent of coverage under this permit.

that are exposed to precipitation (including unstabilized soil stockpiles), discharge locations, and locations where vehicles enter or exit the site, as outlined in Part IV of this seven generates at least 0.25 inches of rainfall per twenty four (24) hour period and/or after a significant amount of runoff. Such areas shall be inspected for evidence of, or the potential shall be or sediment laden water from traveling beyond the limits of disturbance. If an inspection reveals a discharge of sediments to the waters of the State or a separate storm sewer ures taken to clean up the discharge, and the measures taken to prevent future releases.

C. Based descrip this permit and pollution prevention measures identified in the SWPPP in accordance with Part IV.E.2. of days fo change D. A repor the ins implementation of the SWPPP, and actions taken in accordance with paragraph B. and C.

bove must be made and retained as part of the SWPPP for at least five (5) years from the th inciden noncom

SWPPP

permit.

E. Failure enforce

III. NOTICE OF IN

A. Conten

II CONDITIONS

A Development of a Storm Water Pollution Prevention Plan (SWPPP), as described in Part is permit, is required prior to submitting an NOI. The SW addresses all requirements of this permit. Compliance with the SWPPP is required upon e of authorization to discharge under this permit. A copy of the SWPPP must be B. All storm water control measures, disturbed areas, areas used for the storage of materials permit, must be inspected by or under the supervision of the permittee at least once every

(7) calendar days and within twenty-four (24) hours after any storm event which for, pollutants entering the waters of the State or a separate storm sewer system. All BMPs maintained to prevent uncontrolled releases of measurable amounts of sediment system, the permittee must notify this office of the nature of the discharge, the meas on the results of the inspections (as required in paragraph B. above), the site tion identified in the SWPPP in accordance with Part IV.E.1. of this permit must be revised as appropriate, but in no case later than seven (7) calendar llowing the inspection. Such modifications must provide for implementation of any s to the SWPPP within seven (7) calendar days following the inspection.

t summarizing the scope of the inspection, name(s), and titles of personnel making pection, the date(s) of the inspection, major observations relating to the a date at the site has undergone final stabilization. Such reports must identify any ts of noncompliance. Where a report does not identify any incidents of pliance, the report must contain a certification that the site is in compliance with the and this permit. The report must be signed in accordance with Part V.G. of this to make inspections under this part constitutes a violation of this permit and ment actions under 46-12 of R.I. General Laws may result.

TENT REQUIREMENTS

ts of the Notice of Intent:

1. The owner's name, mailing address, telephone number, ownership status, contact person, billing address, and status as a Federal, State, private, public, or other entity.

- 7 - 2.

3.

4.

5. rojected construction completion date.

6. oth the preconstruction and post-construction conditions, and the runoff coefficient for both the

7. The name of the receiving water(s), or if the discharge is through a separate storm sewer system and ate receiving water(s).

ction site relative to Natural Heritage Areas.

t the site (i.e. the ultimate intended use of the project), dled and/or stored at the site, and the types of any rols proposed to be used at the site.

it a copy of the SWPPP as part of the NOI for review. Applicants previously authorized to discharge under the 2003 general pproval, or disturb an area equal to or greater than one (1) acres and less than five (5) acres and do M Freshwater Wetlands Program, or a QLP, submission of a complete NOI is required and must contain a The operator's name, mailing address, telephone number, and contact person.

Construction site information, including the street address, latitude and longitude, nearest utility pole number, and Assessors plat and lot.

Information for construction sites that are part of a larger common plan of development or sale, including all the names of development and total disturbed area of the larger common plan.

The projected or actual construction commencement date and the p The total area of the site, the total area of impervious surface for b pre-construction and post construction site conditions.

sewer system, the name of the operator of the separate storm the ultim

8. Location and impact of the constru

9. The type of construction a the types of any materials han storm water management cont

10. Applicants with construction activity disturbing greater than five (5) acres who are not required to obtain a permit addressing erosion and sediment controls from CRMC, a QLP, RIDEM Freshwater Wetlands Program or a RIDEM Water Quality Certification, are required to subm permit are only required to submit the SWPPP to obtain authorization in accordance with Part IV.D of this permit.

11. For all construction activities that disturb an area equal to or greater than five (5) acres and are required to obtain a CRMC permit and/or QLP a not require a permit or approval from the CRMC, the RIDE signed certification by a Registered Professional Engineer, a Certified Professional in Erosion and Sediment Control (CPESC), a Certified Professional in Storm Water Quality (CPSWQ), or a Registered Landscape Architect, that the SWPPP has been developed in accordance to the requirements of this permit as well as all applicable guidelines of the Soil Erosion and Sediment Control Handbook and the Storm Water Design and Installation Standards Manual (see Part IV.A. for references). If the SWPPP requires the practice of engineering, the NOI must be signed by a Registered Professional Engineer.

12. For all construction projects that are required to submit an NOI to the Department in accordance with Part I.C.2.c & d of this permit, the NOI must contain a signed certification by a Registered Professional Engineer, a Certified Professional in

- 8 -number, and Assessors plat and lot, total area of the site, and the limits of disturbance.

13. this office to determine whether or not to authorize the discharge under this permit.

14. w operator is selected after the submittal of an NOI, a new NOI must be B. Where Erosion and Sediment Control (CPESC), a Certified Professional in Storm Water Quality (CPSWQ), or a Registered Landscape Architect certifying that the construction activity is located completely outside of and does not discharge directly to a Natural Heritage Area found on RIDEM's web site under Maps, Environmental Resource Map. For projects that propose a storm water or allowable non-storm water discharge to a Natural Heritage Area, or has discharge related activities that potentially affect, a listed or proposed to be listed endangered or threatened species or its critical habitat, must submit a map showing the location of the construction site, including the street, nearest utility pole After review of the NOI, additional information may be required by Where a ne submitted by the new operator in accordance with the requirements of this part.

to Submit. A completed and signed NOI must be submitted to:

ources RIPDES Program R.I. Department of Environmental Management Office of Water Res Permitting Section 235 Promenade Street Providence, RI 02908 C. Additional Notification. Construction sites discharging storm water which are operating under an approved local Soil Erosion and Sediment Control Ordinance must, in addition to the requirements in paragraph B. above, submit a copy of the NOI to the Town or City Department which approves such plans.

D. Deficient NOI. If any portion of the NOI does not meet one or more of the minimum

IV. STORM

A. ) shall be developed for each construction site covered by this permit. The SWPPP shall be designed to address two caused by soil erosion and sedimentation during and after construction; and (2) storm water pollution caused by use ction is completed, including, but not limited to, parking lots, roadways, impervious surfaces, and the maintenance of grassed areas. The SWPPP shall e stam d an r, a Certified Professional in Erosion and Sediment Control (CPESC), a Certified Professional in Storm Water Quality ying that the SWPPP meets all the NOI application process.

ed and signed requirements of this part, then the applicant will be notified as such by a deficiency letter at any point during the review period. It is the responsibility of the applicant to make all required changes in the plan and resubmit the application. The review period will recommence upon the departmental receipt of the revised application.

WATER POLLUTION PREVENTION PLAN REQUIREMENTS

A Storm Water Pollution Prevention Plan (SWPPP components of storm water pollution: (1) pollution of the site after constru b pe d signed by a Registered Professional Enginee (CPSWQ), or a Registered Landscape Architect certif requirements of this permit, and be developed as part of However, SWPPPs which require the practice of engineering must be stamp by a Registered Professional Engineer. The SWPPP shall identify potential sources of

- 9 -pollutants which may xpected to affect the quality of storm water sources of pollutants a QLP post construction the implementation of Best Management Practices (BMPs) which are to be used to reduce r eliminate the pollutants in the storm water discharge(s) at the site and assure evaluation of the effectiveness of available practices and be made with proper references.

Available guidance documents include, but are not limited to, the following:

1. RIDEM

Commi

2. RIDEM. Storm Water Design and Installation Standards Manual. (as

3. RIDEM - Office of Environmental Coordination. Artificial Wetland for Storm

4. EPA - Office of Water. Storm Water Management for Construction Activities.

B. If the SWPPP is not required to be submitted along with the NOI (see Part III.A.8. of this owner or opera C. If the SWPPP is requested and reviewed by the Director, he or she may notify the this part. After e SWPPP and shall submit to the Director, within seven (7) days of the notification, a written D. The permittee shall amend the SWPPP whenever there is a change in design, the pot achievi any new operator that will implement a component of the SWPPP. All amendments made to the h conducted the initial review.

Amendments to the SWPPP that will be reviewed by the Department will be reviewed in E. The SWPPP shall, at a

1. Site Descriptio reasonably be e discharges associated with the construction activity. The SWPPP shall identify potential ssociated with post construction activity and comply with all local or requirements. In addition, the SWPPP shall describe and ensure o compliance with the terms and conditions of this permit. BMP selection shall include an , USDA Soil Conservation Service, and Rhode Island State Conservation ttee. Soil Erosion and Sediment Control Handbook. 1989.

amended) Water Treatment: Processes and Design. 1989.

September, 1992.

permit), then the owner, operator, or other designated person under the supervision of the tor shall make it available to the Department upon request.

permittee at any time that it does not meet one or more of the minimum requirements of such notification from the Director, the permittee shall amend th certification that the required changes have been made.

construction, operation, maintenance or other procedure which has a significant effect on ential for the discharge of pollutants, or if the SWPPP proves to be ineffective in ng its objectives. In addition, the SWPPP shall be amended to identify SWPPP must be submitted to the applicable agency whic the same manner as described in paragraph C. above.

minimum, include the following:

n lan (map) which includes the…