Attachment B.3 - Environmental Protection Provisions-12-14-23.pdf

FISH RIVER AND WEEKS BAY MARSH RESTORATION

ENVIRONMENTAL PROTECTION PROVISIONS

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ENVIRONMENTAL PROTECTION PROVISIONS

Table of Contents

Page

1 SCOPE

2 QUALITY CONTROL

3 PERMITS

4 SUBCONTRACTORS

5 NOTIFICATION

6 PROTECTION OF ENVIRONMENTAL RESOURCES

7 PROTECTION OF RESOURCES

8 POST CONSTRUCTION CLEAN-UP

9 RESTORATION OF LANDSCAPE DAMAGE

10 MAINTENANCE OF POLLUTION CONTROL FACILITIES

11 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL AND

ENVIRONMENTAL PROTECTION

12 FUEL OIL TRANSFER OPERATIONS

13 SUBMITTALS

14 NOISE CONTROL

15 SCHEDULE OF DELIVERABLES

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List of Appendices

Appendix I: ADEM NPDES GENERAL PERMIT INFORMATION Appendix II: SAMPLE IN-VESSEL MANATEE CAUTION SIGN

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ENVIRONMENTAL PROTECTION PROVISIONS

1 SCOPE

The Environmental Protection Provisions of the Specifications of the Contract Documents address CONTRACTOR responsibilities for the prevention of pollution and other environmental damage as the result of construction operations under the Contract Documents, including those measures set forth in the Technical Provisions of the Specifications. For the purpose of this Specification, pollution and other environmental damages are defined as the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man;

degrade the utility of the environment for aesthetic, cultural, and/or historical purposes; or unnecessarily damage/destroy environmental resources. The control of pollution and damage requires consideration of air, water, land, and the marine environment and includes management of construction activities, visual aesthetics, noise, solid waste, radiant energy, and radioactive materials, as well as other pollutants. The CONTRACTOR shall fulfill these provisions at the CONTRACTOR'S expense.

2 QUALITY CONTROL

The CONTRACTOR shall establish and maintain quality control for environmental protection for all items set forth herein. The CONTRACTOR shall record on Daily Contractor Quality Control Reports any problems in complying with laws, regulations, and ordinances, as well as project Permits and corrective action taken.

3 PERMITS

The CONTRACTOR shall comply with all requirements under the terms and conditions set out in all permits applicable to the Work. The CONTRACTOR is responsible for obtaining and maintaining compliance with a construction stormwater National Pollutant Discharge Elimination System (NPDES) Permit from the Alabama Department of Environmental Management (ADEM).

Applicable construction stormwater NPDES Permit information is included as an appendix of these Environmental Protection Provisions of the Specifications and are part of the Contract Documents. Work activities not regulated by the construction stormwater NPDES Permit will be allowed prior to the issuance of the Permit per the approval of the GOVERNMENT and at the risk of the CONTRACTOR. Payment for Work items should not be requested until proper documentation has been submitted to the GOVERNMENT that a construction stormwater NPDES Permit has been obtained.

The GOVERNMENT has received the appropriate approvals for Coastal Zone Consistency from the Alabama Department of Environmental Management, Alabama Department of Conservation and Natural Resources and the U.S. Army Corps of Engineers. Applicable Permit information and Permits are included as appendices of these Environmental Protection Provisions of the Specifications and are part of the Contract Documents. Specifically, the CONTRACTOR will familiarize themselves with general and specific conditions contained in the Permits. Any other licenses, easements, or approvals required, including, but not limited to, those which may be

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required by Baldwin County or the GOVERNMENT, shall be secured and paid for by the

CONTRACTOR.

4 SUBCONTRACTORS

Assurance of compliance with all sections of the Contract by Subcontractors shall be the responsibility of the CONTRACTOR, including compliance with all environmental and Permit requirements.

5 NOTIFICATION

The GOVERNMENT will notify the CONTRACTOR of any known non-compliance with the aforementioned Federal, State, or Local laws or regulations, Permits, and other elements of the CONTRACTOR'S Environmental Protection Plan. Nevertheless, it remains the sole responsibility of the CONTRACTOR to comply with all applicable Federal, State, and Local laws and regulations, Permits, and all elements of the Environmental Protection Plan. If there is known non-compliance, the GOVERNMENT will determine what action will be taken and such response will be transmitted to the CONTRACTOR by the GOVERNMENT, which may include stopping construction of the Work at the cost of the CONTRACTOR until the CONTRACTOR complies with the Environmental Protection Plan. It shall also be the CONTRACTOR'S responsibility that all subcontractors comply with all applicable laws, regulations, Permit requirements, and all elements of the Environmental Protection Plan.

6 PROTECTION OF ENVIRONMENTAL RESOURCES

The environmental resources within the Project Construction Site and those affected outside the limits of Project Construction Site under this Contract shall be protected during the entire period of this Contract. The CONTRACTOR shall, at all times, maintain adequate stakes or other markers required to delineate areas of the Work to ensure the protection of resources. The disturbance of lands and waters that are outside the Project Construction Site limits is prohibited, except as found necessary and approved by the GOVERNMENT and any associated Permits. The CONTRACTOR shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage, or other harmful materials into streams, lakes, marshlands, bays, or the Gulf of Mexico. All waterways shall be cleared as soon as practicable of false work, stakes, piling, debris, or other obstructions placed during construction operations and not a part of the finished Work. Details regarding environmental protection shall be as stated in the following subparagraphs.

6.1 Protection of Land Resources:

Prior to the beginning of any Work, and at the request of the CONTRACTOR, the GOVERNMENT shall identify land resources (if any) to be preserved within the CONTRACTOR'S Project Construction Site. Unless indicated in the Plans or directed by the GOVERNMENT, the CONTRACTOR shall not remove, cut, deface, injure, or destroy land resources including marsh or berm vegetation, trees, shrubs, vines, grasses, topsoil, and landforms without direct written permission from the GOVERNMENT. No ropes, cables, or guy lines shall be fastened to or attached to any trees for anchorage unless specifically authorized by the GOVERNMENT. Where such special emergency use is allowed, the CONTRACTOR shall provide effective

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protection for land and vegetation resources at all times as defined in the following paragraphs. The CONTRACTOR shall be responsible for the replacement of any damaged or destroyed vegetation outside the Project Construction Site and outside the approved Work areas as shown on the Plans and the restoration of any water bottoms and land forms to the satisfaction of the GOVERNMENT. Failure to replace damaged or destroyed vegetation or failure to restore damaged water bottoms and land forms outside the Project Construction Site and outside the approved Work areas as shown on the Plans by the CONTRACTOR may result in replacement by the GOVERNMENT; the cost of replacement may be deducted from any money due, or to become due, to the CONTRACTOR or may be recovered under their bond.

6.2 Project Construction Site Limits:

Isolated areas (if any) within the Project Construction Site that are to be saved and protected shall also be identified by the GOVERNMENT and marked or fenced by the CONTRACTOR. All survey monuments, Weeks Bay NOAA Tide Gauge, and markers shall be protected before construction operations commence. The CONTRACTOR shall convey to all Subcontractors and personnel the purpose of marking and/or protection for all necessary objects.

6.3 Disposal of Solid Wastes:

Solid wastes (including cleared debris) and rubbish resulting from the CONTRACTOR’S activities shall be picked up daily and placed in containers. These containers shall be removed from the Project Construction Site and emptied on a regular schedule. The CONTRACTOR shall empty containers when three-quarters full and will avoid overflow conditions. The CONTRACTOR shall not burn any rubbish at the Project Construction Site. Disposal of rubbish shall be at an approved off-site location and in a manner that complies with State and Local laws and regulations. The CONTRACTOR shall be solely responsible for all costs associated with the collection, removal, and disposal of rubbish. All handling and disposal shall be conducted to prevent contamination. No steel, cables, wire, pipe, drums, or any other solid waste or debris shall be permitted to be disposed overboard into the waters of Fish River, Weeks Bay, Mobile Bay, Bon Secour Bay, the Gulf of Mexico or any other water body.

Disposal of solid wastes or debris in Fish River, Weeks Bay, Mobile Bay, Bon Secour Bay, or the Gulf of Mexico and other water bodies is a violation of State and/or Federal laws. If such debris is found, the debris shall be removed by the CONTRACTOR at his own cost. Failure to remove debris by the CONTRACTOR may result in removal by the GOVERNMENT. The cost of removal may be deducted from any money due, or to become due, to the CONTRACTOR or may be recovered under their bond.

6.4 Disposal of Chemical Waste:

Chemical waste shall be stored in corrosion resistant containers, removed from the Project Construction Site, and disposed of in accordance with Federal, State, and Local regulations. The CONTRACTOR shall perform all maintenance of equipment, including but not limited to refueling, filter changes, and replacement of hydraulic lines

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in a manner so as not to contaminate soils, ground or surface waters, or any other natural resources.

6.5 Disposal of Discarded Materials:

Discarded materials other than those which can be included in the solid waste category will be handled by the CONTRACTOR as directed by the GOVERNMENT.

6.6 Use of Equipment:

The use of any wheeled or tracked vehicles outside the Project Construction Site, outside approved Work areas as shown on the Plans, or on land near the Project Construction Site is prohibited. Any damage to wetland vegetation, vegetation, trees or change in the existing elevation (e.g., ruts, tracks, excavation) in wetland areas, bay bottom, flats, etc. occurring on the Project Construction Site, outside approved Work areas as shown on the Plans or adjacent to the Project Construction Site, as a result of construction operations, shall be repaired by the CONTRACTOR at no additional expense to the GOVERNMENT.

6.7 Siltation / Turbidity Control:

The CONTRACTOR shall conduct work in a manner that will not cause damaging siltation or pollution of any water bodies. All applicable Federal and State regulations of agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract.

6.8 Protection of Water, Fish, and Wildlife Resources:

The CONTRACTOR shall keep all Work under continued surveillance, management, and control to minimize interference with, disturbance to, and damage of water, fish, and wildlife resources. Species that require specific consideration, as well as measures for their protection, shall be addressed in the CONTRACTOR'S Environmental Protection Plan prior to the beginning of Work. Refer to Paragraph 7 of these Environmental Protection Provisions of the Specifications for additional requirements.

6.9 Protection of Commercial Fisheries:

The CONTRACTOR shall note that bays, water bottoms, creeks, and ponds in the vicinity of the Project Construction Site may include numerous publicly- and privately-issued leases for the cultivation and harvest of oysters and other commercial fishery resources. There are no known leases within the Project Construction Site footprint.

The CONTRACTOR shall conduct all aspects of its operations to avoid any and all impacts to such leases not acquired for the project.

6.10 Protection of Air Resources:

The CONTRACTOR shall keep construction activities under surveillance, management, and control to minimize pollution of air resources. All activities, equipment, processes, and Work operated or performed by the CONTRACTOR in

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accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Alabama and all Federal emission and performance laws and standards.

6.11 Dispensing of Fuel:

Secondary containment, which is capable of holding at minimum one hundred ten (110) percent of the tank contents, shall be provided by the CONTRACTOR for each fuel storage tank. Fuel dispensers shall have a four (4)-foot square, sixteen (16)-gauge metal pan with borders banded up and welded at the corners right below the bibb. The edges of the pans shall have an eight (8)-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the CONTRACTOR shall immediately contain the spill and contact the GOVERNMENT and the appropriate local authorities. The CONTRACTOR shall be solely responsible for any fines, penalties, or other legal activities related to fuel spills. If the CONTRACTOR’S fuel cells exceed the thresholds set forth in the applicable Code of Federal Regulations, Title 40 the CONTRACTOR shall provide a spill plan and containment equipment accordingly (Paragraph 13.1.7 through Paragraph 13.1.10 below.)

6.12 Temporary Sanitary Facility:

The CONTRACTOR shall furnish and maintain chemical toilets for use by its employees and the GOVERNMENT on the Project Construction Site. Chemical toilets shall be cleaned on a regular basis to ensure that odor does not become a nuisance. The CONTRACTOR shall be responsible to coordinate, maintain, and monitor a cleaning schedule that is appropriate for the number of CONTRACTOR personnel on the Project Construction Site.

6.13 Storage of Lubricants:

All lubricants and other potential liquid pollutants shall be stored in sealed, non-corrosive containers. Individual containers shall be stored in metal pans with borders banded up and welded at the corners right below the bibb. Pans shall be deep enough to prevent contamination of the ground. Pans shall be kept clean of all spillage or leakage.

7 PROTECTION OF RESOURCES

7.1 Protection of Bird Resources:

Certain bird species are protected by the U.S. Fish and Wildlife Service and the Alabama Department of Environmental Management. Protected bird species most likely to be encountered include, but are not limited to, wood stork and bald eagle.

Other bird species are protected by Federal and State laws, including but not limited to the Migratory Bird Treaty Act. The CONTRACTOR shall employ personnel familiar with protected birds to allow for easy identification of birds encountered during the execution of Work under this Contract.

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7.1.1 Bald Eagle: If bald eagle breeding or nesting behaviors are observed or a nest is discovered or known, all Work activities shall avoid the nest by a minimum of six hundred and sixty (660) feet. If the nest is protected by a vegetated buffer where there is no line of sight to the nest, then the minimum avoidance distance is three hundred and thirty (330) feet. If a bald eagle or a potential bald eagle nest is observed, the CONTRACTOR shall immediately notify the GOVERNMENT and the Construction Observer.

7.1.2 Wood Stork: If wood stork nests are observed, boat traffic within three hundred (300) feet of the nests shall be minimized to the maximum extent practicable and all boats will operate at idle/no wake speed.

7.2 Protection of Fish and Other Wildlife Resources:

The CONTRACTOR shall keep all Work activities under surveillance, management and control to minimize interference with, disturbance to, and damage of fish and wildlife. Prior to the beginning of the Work, the CONTRACTOR shall list species that require specific attention and describe measures for their protection. Threatened and endangered species that have the potential to exist within the boundaries of the Project Construction Site include West Indian manatee, Alabama Sturgeon, Atlantic Sturgeon, Alabama red-bellied turtle, Eastern indigo snake, and saltmarsh minnow. The CONTRACTOR shall review and comply with the restrictions listed below regarding construction activities.

7.2.1 Standard Manatee In-Water Conditions (Appendix II of these Environmental Protection Provisions of the Specifications).

7.2.2 If Alabama red-bellied turtles, or other protected species are observed in the project construction site that are sick, injured, stranded, or dead, the CONTRACTOR shall record the animal’s location and immediately notify the Contracting Officer’s Representative (COR) and Construction Observer for further GOVERNMENT instructions.

7.3 Protection of Cultural Resources:

CONTRACTOR shall immediately notify the COR and Construction Observer if any unknown historic or archeological remains are found in the project vicinity and await further instruction from the GOVERNMENT.

8 POST CONSTRUCTION CLEAN-UP

The CONTRACTOR shall clean-up any Project Construction Site areas used for construction as stated in the General Conditions of the Specifications.

9 RESTORATION OF LANDSCAPE DAMAGE

The CONTRACTOR shall restore all landscape features, land resources, water resources, and fish and wildlife resources damaged or destroyed during the Work operations that are outside the limits of the Project Construction Site and approved Work areas as shown on the Plans. Such restoration shall be in accordance with a plan submitted for approval by the GOVERNMENT. This Work

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shall be accomplished at the CONTRACTOR'S expense. Final payment to the CONTRACTOR shall not occur until the GOVERNMENT is satisfied with the CONTRACTOR'S effort to restore landscape or any other damage caused by the CONTRACTOR or his subcontractors.

10 MAINTENANCE OF POLLUTION CONTROL FACILITIES

The CONTRACTOR shall maintain constructed facilities and portable pollution control devices for the duration of the Contract or for that length of time that Work activities create the particular pollutant.

11 TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL AND

ENVIRONMENTAL PROTECTION

The CONTRACTOR shall train all Subcontractors and personnel in all phases of environmental protection. Personnel and Subcontractors shall be familiar with Permit requirements and with the necessity of protection of all habitats. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment and shall be thoroughly knowledgeable of Federal, State, and Local laws, regulations, and Permits as listed in the Environmental Protection Plan submitted by the CONTRACTOR. Quality Control personnel shall be identified in the Quality Control Plan submitted in accordance with the General Conditions of the Specifications.

12 FUEL OIL TRANSFER OPERATIONS

In accordance with U.S. Coast Guard regulations (33 CFR 156.120, or as revised or updated), couplings used in fuel oil transfer operations on any vessel with a capacity of two hundred-fifty

(250) or more barrels of oil (or fuel) shall be either a bolted or full-threaded connection, a quick-connect coupling approved by the Commandant, or an automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker man shall be completed for each refueling operation. The U.S. Coast Guard shall also be notified prior to any refueling.

13 SUBMITTALS

13.1 Environmental Protection Plan:

Within seven (7) Days after Contract Award, the CONTRACTOR shall submit in writing an Environmental Protection Plan to the GOVERNMENT. Approval of the CONTRACTOR'S plan will not relieve the CONTRACTOR of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. The Environmental Protection Plan shall include but may not be limited to the following:

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13.1.1 Methods for protection of features and habitats to be preserved within authorized Project Construction Site areas. The CONTRACTOR shall prepare a listing of methods to protect resources needing protection (i.e. all vegetation, trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological and cultural resources, and environmental resources).

13.1.2 Procedures to be implemented by the CONTRACTOR to assure compliance with the environmental protection requirements of Paragraph 6.1 of the Environmental Protection Provisions, Protection of Land Resources, and to comply with the applicable Permits, laws, and regulations. The CONTRACTOR shall address each element of Environmental Protection described in Paragraph 6.1 of the Environmental Protection Provisions. The CONTRACTOR shall also provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the Environmental Protection Plan.

13.1.3 Procedures to be implemented by the CONTRACTOR to assure compliance with the protection of water, fish, and wildlife resources, per the requirements of Paragraph 6.8 of these Environmental Protection Provisions of the Specifications, and to comply with the applicable Permits, laws, and regulations. The CONTRACTOR shall address each element of the protection of water, fish, and wildlife resources as described in Paragraph 6.8 of these Environmental Protection Provisions of the Specifications. The CONTRACTOR shall also provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes, or failure to follow the procedures set out in accordance with the Environmental Protection Plan.

13.1.4 A list of Federal, State, and Local laws, regulations, and Permits concerning environmental protection, pollution control, and abatement that are applicable to the CONTRACTOR'S proposed operations and the requirements imposed by those laws, regulations, and permits.

13.1.5 Drawings showing locations of any proposed material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials.

13.1.6 Environmental monitoring plans for the Project Construction Site, including land, water, air, and noise monitoring.

13.1.7 Oil and fuel spill prevention.

13.1.8 Oil spill contingency plan.

13.1.9 Fuel spill plan (if applicable).

13.1.10 Explanation of where spill response and containment materials and equipment will be stored and accessed if needed.

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13.1.11 A protection plan for threatened and/or endangered species within the Project Construction Site.

13.1.12 Work area plan showing the proposed Work activity in each portion of the Project Construction Site and identifying the Project Construction Site areas of limited use or nonuse. The plan shall include measures for marking the limits of use of Project Construction areas.

13.1.13 The location of the solid disposal area.

13.1.14 A statement as to the person who will be responsible for implementation of the Environmental Protection Plan. The CONTRACTOR personnel responsible shall report directly to the CONTRACTOR'S top management and shall have the authority to act for the CONTRACTOR in all environmental protection matters.

13.1.15 A statement acknowledging that the CONTRACTOR is responsible for environmental protection, including all of the CONTRACTOR'S personnel and Subcontractors.

13.1.16 The Environmental Protection Plan shall be dated and endorsed by the individual of top management in charge of the construction.

14 NOISE CONTROL

The CONTRACTOR shall comply with all Federal, State, and Local sound control and noise level ordinances, regulations, and laws that apply to the Project Construction Site. All hauling and excavating equipment used on this Work shall be equipped with satisfactory mufflers or other noise abatement devices.

15 SCHEDULE OF DELIVERABLES

TASK DELIVERABLE SUBMISSION

EP-6.11 Notification of Fuel Spill Immediate.

EP-7.1.1 Notification of Bald Eagle or Bald Eagle Nest Immediate upon discovery.

EP-7.3 Notification of Cultural Resources Found Immediate upon discovery.

EP-13.1 Environmental Protection Plan Within seven (7) Days after Contract Award.

APPENDIX I: ADEM NPDES GENERAL PERMIT INFORMATION

Table of Contents

PART I Part I Coverage Under This General Permit

A. Permit Coverage

B. Eligibility

C. Prohibited Discharges

PART II Notice of Intent (NOI) Requirements

A. Deadlines for Notices of Intent

B. Continuation of the Expired General Permit

C. Contents of the Notice of Intent (NOI)

D. Submittal of Documents

E. Additional Permittees Under a Single NOI

F. Authorization to Discharge

PART III Stormwater Pollution Prevention Requirements

A. Erosion Controls and Sediment Controls

B. Provide Natural Buffers or Equivalent Sediment Controls

C. Soil Stabilization

D. Pollution Prevention Measures

E. Construction Best Management Practices Plan (CBMPP)

F. Spill Prevention, Control, and Management

G. Training

H. Inspection Requirements

I. Corrective Action

J. Suspension of Monitoring

K. Precipitation Measurement

L. Impaired Waters and Total Maximum Daily Load (TMDL) Waters

PART IV Standard and General Permit Conditions

A. Duty to Comply

B. Duty to Reapply

C. Need to Halt or Reduce Activity Not a Defense

D. Duty to Mitigate

E. Proper Operation and Maintenance

F. Permit Modification, Revocation and Reissuance, Suspension, and Termination

G. Property Rights

H. Duty to Provide Information

I. Inspection and Entry

J. Noncompliance Notification

K. Retention of Records

L. Signatory Requirements

M. Transfers

N. Bypass

O. Upset

P. Severability

Q. Issuance of an Individual Permit

R. Request for Individual Permit by General Permit Holder

S. Termination of Coverage

T. Facility Identification

U. Schedule of Compliance

V. Discharge of Wastewater Generated by Others

W. Compliance with Water Quality Standards and Other Provisions

X. Civil and Criminal Liability

Y. Oil and Hazardous Substance Liability

Z. Availability of Reports

AA. Coastal Zone Management (Mobile and Baldwin Counties)

BB. Removed Substances

CC. Compliance with Statutes and Rules

PART V Definitions

PART I Part I Coverage Under This General Permit

A. Permit Coverage

This permit authorizes, subject to the conditions of this permit, discharges associated with construction activity that will result in land disturbance equal to or greater than one (1) acre or from construction activities involving less than one (1) acre and which are part of a common plan of development or sale equal to or greater than one (1) acre occurring on or before, and continuing after the effective date of this permit, except for discharges identified under Part I.C. of the permit. Coverage under this permit is not required for discharges associated with minor land disturbing activities (such as home gardens or individual home landscaping, repairs, maintenance work, fences and other related activities which result in minor soil erosion), animal feeding operation (AFO) or concentrated animal feeding operation (CAFO) construction activity that has been granted NPDES registration coverage pursuant to Chapter 335-6-7, normal agricultural practices and silvicultural operations as defined in Part V.

B. Eligibility

1. Allowable Stormwater Discharges

This permit authorizes the following stormwater discharges:

(a) Stormwater associated with construction activities defined in Part I.A. of this permit;

(b) The following stormwater discharges have been determined by the Director to require coverage under this permit:

(i) Sites, irrespective of size, whose stormwater discharges have a reasonable potential to be a significant contributor of pollutants to a water of the state, as determined by the Department;

(ii) Sites, irrespective of size, whose stormwater discharges have a reasonable potential to cause or contribute to a violation of an applicable Alabama water quality standard as determined by the Department.

(c) Discharges from support activities (e.g., equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided:

(i) The support activity is solely related to the construction site covered under this permit;

(ii) The support activity is not a commercial operation serving multiple unrelated construction projects by different operators, and does not operate beyond the completion of the construction activity at the last construction project it supports; and

(iii) Pollutant discharges from support activity areas are minimized to the maximum extent practicable and do not pose a reasonable potential to exceed applicable water quality standards.

2. Allowable Non-Stormwater Discharges

This permit authorizes the following non-stormwater discharges provided the non-stormwater component of the discharge is in compliance with Part III.D.

(a) Discharges from fire-fighting activities;

(b) Fire hydrant flushings;

(c) Water used to wash vehicles where detergents are not used;

(d) Water used to control dust;

(e) Potable water including uncontaminated water line flushings not associated with hydrostatic testing;

(f) Routine external building wash down associated with construction that does not use detergents;

(g) Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used. The operator is prohibited from directing pavement wash waters directly into any surface water, storm drain inlet, or stormwater conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control;

(h) Uncontaminated air conditioning or compressor condensate associated with temporary office trailers and other similar buildings;

(i) Uncontaminated ground water or spring water;

(j) Foundation or footing drains where flows are not contaminated with process materials such as solvents;

(k) Landscape irrigation;

C. Prohibited Discharges

The following discharges associated with construction are not authorized by this permit:

1. Stormwater discharges that are mixed with sources of non-stormwater unless such stormwater discharges are:

(a) In compliance with a separate NPDES permit, or

(b) Determined by the Department not to be a contributor of pollutants to waters of the State.

2. Stormwater discharges currently covered under another NPDES permit;

3. Wastewater from washout of concrete, unless managed by an appropriate control. (Wastewater from Concrete Batch Plants are prohibited unless such discharges are authorized by and in compliance with a separate NPDES permit);

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

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

6. Soaps or solvents used in vehicle and equipment washing;

7. Discharges from dewatering activities, including discharges of ground water or accumulated stormwater from dewatering of trenches, excavations, foundations, vaults, or other similar points of accumulation, unless managed by appropriate controls;

8. Discharges to surface waters from sediment basins or impoundments, unless an outlet structure that withdraws water from the surface, unless infeasible, is utilized;

9. Discharges where the turbidity of such discharge will cause or contribute to a substantial visible contrast with the natural appearance of the receiving water;

10. Discharges where the turbidity of such discharge will cause or contribute to an increase in the turbidity of the receiving water by more than 50 NTUs above background. For the purposes of determining compliance with this limitation, background will be interpreted as the natural condition of the receiving water without the influence of man-made or man-induced causes. Turbidity levels caused by natural runoff will be included in establishing background levels;

11. Discharges of any pollutant into any water for which a total maximum daily load (TMDL) has been finalized or approved by EPA unless the discharge is consistent with the TMDL; and

12. Discharges to waters listed on the most recently approved 303(d) list of impaired streams unless the discharge will not cause or contribute to the listed impairment.

PART II Notice of Intent (NOI) Requirements

A. Deadlines for Notices of Intent

Any person wishing to obtain coverage under this general permit shall submit an NOI in accordance with the following schedule:

1. Any person wishing to be permitted to discharge under this general permit shall submit a complete NOI prior to the initiation of construction activity.

2. Any Permittee authorized to discharge under the April 1, 2016 NPDES Construction General Permit, who wishes to continue to discharge upon the expiration of that permit, shall submit a complete NOI to be covered by this reissued General Permit. Such NOI shall be submitted at least 30 days prior to the expiration date of the April 1, 2011 NPDES Construction General Permit.

3. Failure of the Permittee to submit a complete NOI for reauthorization under this permit at least 30 days prior to the previous permit’s expiration will void the automatic continuation of the authorization to discharge under that permit as provided by ADEM Admin. Code r. 335-6-6-.06. Should the permit not be reissued for any reason prior to its expiration date, Permittees who failed to meet the 30-day submittal deadline will be illegally discharging without a permit after the expiration date of the April 1, 2016 permit.

B. Continuation of the Expired General Permit

If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the ADEM Administrative Code Chapter 335-6-6 and remain in force and effect if the Permittee submits an updated and complete NOI meeting the requirements of Part II.C. at least 30 days prior to the expiration of this permit. Any Permittee who was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earlier of:

1. Reissuance or replacement of this permit, at which time the Permittee must comply with the Notice of Intent conditions of the new permit to maintain authorization to discharge; or

2. Issuance of an individual permit; or

3. A formal permit decision by the Department not to reissue this general permit, at which time the Permittee must seek coverage under an alternative general permit or an individual permit.

C. Contents of the Notice of Intent (NOI)

1. The NOI shall include:

(a) A general description of the construction activity for which coverage is desired, which shall be in sufficient detail to allow the Department to determine that the stormwater and non-stormwater discharges are included in the authorized discharges category of this general permit.

(b) The latitude and longitude to the nearest second of the entrance to the construction site and each point of discharge for which coverage under this general permit is desired. For the purposes of this requirement the entrance to the construction site will be identified as the primary point of access by normal vehicle traffic. For linear projects, the latitude and longitude to the nearest second should be provided for the starting and ending point of the project boundaries.

(c) Identification of the waterbodies receiving discharges for which coverage under this general permit is desired.

(d) The correct fee pursuant to ADEM Admin. Code R. 335-1.

(e) A portion or copy of a recent U.S. Geological Survey map showing the site location.

(f) A contact person, address and phone number for the site to be covered under the general permit.

(g) For priority construction sites, as defined in Part V, the NOI must be accompanied by a copy of the CBMPP prepared and certified by a QCP as required by Part III.C.

(h) The number of estimated disturbed acres and total site acreage

(i) The estimated start and completion dates of project.

2. The NOI shall be signed by a person meeting the requirements for signatories under ADEM Admin. Code r.

335-6-6-.09 and the person signing the NOI shall make the certification required for submission of documents under ADEM Admin Code r. 335-6-6-.09.

3. The NOI shall be signed by a QCP and shall have the following certification statement: “I certify under penalty of law that a comprehensive Construction Best Management Practices Plan (CBMPP) for the prevention and minimization of all sources of pollution in stormwater and authorized related process wastewater runoff has been prepared under my supervision for this site/activity, and associated regulated areas/activities. The CBMPP meets the requirements of this permit and if properly implemented and maintained by the operator, discharges of pollutants in stormwater runoff can reasonably be expected to be effectively minimized to the maximum extent practicable according to the requirements of ADEM Administrative Code Chapter r.335-6-6-.23 and this Permit. The CBMPP describes the erosion and sediment control measures that must be fully implemented and regularly maintained as needed at the permitted site in accordance with sound sediment and erosion control practices to ensure the protection of water quality.”

D. Submittal of Documents

The Permittee must complete and submit the NOI electronically, using the Department’s eNOI system, unless the Permittee submits in writing valid justification as to why the electronic submittal process cannot be utilized and the Department approves in writing the utilization of hard copy submittals. The eNOI system can be accessed at the following link https://app.adem.alabama.gov/eNOI/Default.aspx. Permit requests for initial issuance and modifications of the existing permit should all be submitted through the eNOI system.

All other documents required to be submitted to the Department by this general permit shall be delivered to the following address:

Alabama Department of Environmental Management

Water Division

Stormwater Management Branch

Post Office Box 301463 (Zip Code: 36130-1463)

1400 Coliseum Boulevard (Zip Code: 36110-2059)

Montgomery, Alabama

E. Additional Permittees Under a Single NOI

Multiple operators conducting regulated land disturbances in a common plan of development may jointly submit an NOI. An NOI covering multiple operators must include a site plan clearly describing each operator’s areas of operational control.

F. Authorization to Discharge

1. Except as otherwise limited by Part II.F.2 or II.F.3, the operator is authorized to discharge in accordance with the requirements of this permit upon the Department’s receipt of a complete and timely NOI which meets the requirements of this permit and ADEM Admin. Code r. 335-6-6-.23.

2. Coverage under this permit is conditionally granted, and the requirement to submit an NOI is suspended for governmental agencies and utilities for construction activity associated with immediate and effective emergency repairs and response to natural disasters, human health or environmental emergencies, or to avert/avoid imminent, probable, or irreparable harm to the environment or severe property damage. The operator or controlling/participating federal, State, or local government agencies/entities conducting emergency construction activity shall document the emergency condition, ensure compliance with the requirements of this permit to the extent possible, and shall notify the Department as promptly as possible regarding the occurrence of the emergency construction disturbance and measures that have been implemented and are being implemented to protect water quality. Unless the requirement to obtain a permit pursuant to the requirements of this permit are suspended or voided by the Director on a categorical or individual emergency basis, the operator shall submit the appropriate project information, NOI, and the required application fee for construction or reconstruction activity after emergency repairs have been accomplished, according to a schedule acceptable to the Department.

3. For priority construction sites, the operator is authorized to discharge thirty (30) days from the Department’s receipt of a complete and technically adequate NOI and CBMPP meeting the requirements of Parts II.C. and III.E, unless, within thirty (30) days from the Department’s receipt of the NOI, the Department notifies the operator that additional time is needed to review the NOI and CBMPP. Where the operator receives such notification from the Department, that operator may not discharge until the Department formally acknowledges receipt of a complete and technically adequate NOI and CBMPP.

PART III Stormwater Pollution Prevention Requirements

The stormwater control requirements in this Part are the technology-based, non-numeric effluent limitations and conditions that apply to all discharges from construction projects eligible for coverage under this permit. These requirements apply the national effluent limitations guidelines and new source performance standards found at 40 CFR Part 450.

Where the requirements in this Part are stricter than any corresponding Federal, State, or local requirements, the requirements in this permit take precedence.

A. Erosion Controls and Sediment Controls

The Permittee shall design, install, and maintain effective erosion controls and sediment controls, appropriate for site conditions to, at a minimum:

1. Minimize the amount of soil exposed during construction activity through the use of project phasing or other appropriate techniques;

2. Provide and maintain a 25 foot natural riparian buffer around surface waters as discussed in detail in Part

III.B.;

3. Control stormwater volume and velocity within the site to minimize soil erosion;

4. Implement measures or requirements to achieve the pollutant reductions consistent with a TMDL finalized or approved by EPA. Applicable TMDLs are located and/or can be accessed at http://adem.alabama.gov/programs/water/approvedTMDLs.htm

5. Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points;

6. Minimize the disturbance of steep slopes, as defined by Part V;

7. Minimize sediment discharges from the site;

8. Minimize the generation of dust through the appropriate application of water or other dust suppression techniques;

9. Minimize all stream crossings;

10. Stabilize all construction entrances and exits; and minimize off-site tracking of sediment from vehicles;

11. Where applicable, install storm drain inlet protection measures to further prevent sediment discharges;

12. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible; and

13. Minimize soil compaction and, unless infeasible, preserve topsoil.

14. Additional Design Requirements

(a) Sediment control measures, erosion control measures, and other site management practices must be properly selected based on site-specific conditions, must meet or exceed the technical standards outlined in the Alabama Handbook and the site-specific CBMPP prepared in accordance with Part III.D.

(b) Unless specified otherwise by the Alabama Handbook, sediment control measures, erosion control measures, and other site management practices shall be designed and maintained to minimize erosion and maximize sediment removal resulting from a 2-year, 24-hour storm event.

(c) The Permittee is encouraged to design the site, the erosion prevention measures, sediment controls measures, and other site management practices with consideration of minimizing stormwater runoff, both during and following construction, including facilitating the use of low-impact development (LID) and green infrastructure.

B. Provide Natural Riparian Buffers or Equivalent Sediment Controls

Natural riparian buffer requirements apply to all waters of the state adjacent to construction sites or contained within their overall project boundary. A 25-foot natural riparian buffer zone adjacent to all waters of the state at the construction site shall be preserved, to the maximum extent practicable, during construction activities at the site. The natural riparian buffer should be preserved between the top of stream bank and the disturbed construction area. The water quality buffer zone aids in the protection of waters of the state (e.g., perennial and intermittent streams, rivers, lakes, wetlands) located within or immediately adjacent to the boundaries of the project. Natural riparian buffers are not primary sediment control measures and should not be relied on as such.

The natural riparian buffer requirement only applies to new construction sites.

1. Compliance Alternatives

(a) Provide and maintain a 25-foot undisturbed natural riparian buffer; or

(i) If land disturbances are located 25 feet or further from surface water, then compliance with this alternative has been achieved.

(ii) Rehabilitation and enhancement of a natural riparian buffer is allowed, if necessary, for improvement of its effectiveness of protection of the waters of the state.

(iii) Any preexisting structures (e.g., buildings, parking lots, roadways, utility lines, structures, impervious surfaces) are allowed in the natural riparian buffer; provided the Permittee retains and protects from disturbance any additional natural buffer area contained within the natural riparian buffer but outside the preexisting structures footprint.

(b) Provide and maintain an undisturbed natural riparian buffer that is less than 25 feet and is supplemented by additional erosion and sediment controls, which in combination achieves the sediment load reduction equivalent to a 25-foot undisturbed natural riparian buffer; or

(c) If it is infeasible to provide and maintain an undisturbed natural riparian buffer of any size, the Permittee must implement erosion and sediment controls that achieve the sediment load reduction equivalent to a 25-foot undisturbed natural riparian buffer.

(d) All discharges from the area of earth disturbance to the natural riparian buffer must first be treated by the site’s erosion and sediment controls, and use velocity dissipation devices if necessary to prevent erosion caused by stormwater within the natural riparian buffer.

(e) All compliance alternatives must be documented in the CBMPP and comply with all requirements. The natural riparian buffer boundary should be indicated on the site plan.

(f) Compliance alternatives must be maintained throughout the duration of permit coverage.

(g) All natural riparian buffer areas should be delineated, and clearly marked off with flags, tape, or similar marking device.

2. Construction activities at sites that have been permitted prior to April 1, 2016, are exempt from the requirements of this Part III.B. Confirmation of permit coverage prior to April 1, 2016, must be submitted with the NOI.

3. If there is no discharge of stormwater to waters of the state through the areas between the construction site and any waters of the state located within 25 feet of the construction site, compliance with this requirement is achieved.

4. Where no natural riparian buffer exists due to preexisting development disturbances (e.g., buildings, parking lots, roadways, utility lines, structures, impervious surfaces) that occurred prior to the initiation of planning for the current development of the site, the Permittee is not required to comply with the requirements in this section, unless portions of the preexisting development will be removed.

5. Where some natural riparian buffer exists but portions of the area within 25 feet of the waters of the state are occupied by preexisting development disturbances (e.g., buildings, parking lots, roadways, utility lines, structures, and impervious surfaces), the Permittee is required to comply with the requirements in this section.

Only the portion of the buffer zone that contains the footprint of the existing “structure” is exempt from the natural riparian buffer. Activities necessary to maintain uses are allowed provided that no additional vegetation is removed from the natural riparian buffer.

6. For “linear construction projects”, the Permittee is not required to comply with the requirements in this section if site constraints (e.g., limited right-of-way) prevent the Permittee from meeting any of the compliance alternatives provided that, to the extent practicable, disturbances within 25 feet of the water of the state are limited and/or supplemental erosion and sediment controls to treat stormwater discharges from earth disturbances within 25 feet of the waters of the state are provided. It must be documented in the CBMPP as to why compliance with this section is infeasible, and describe any buffer width retained and/or supplemental erosion and sediment controls installed.

7. The following disturbances within 25 feet of a water of the state are exempt from the requirements in this Part:

(a) Construction approved under a CWA Section 404 permit; or

(b) Construction of a water-dependent structure or water access area (e.g., pier, boat ramp, seawall, bridge, drainage structure, trail, etc.)

C. Soil Stabilization

Final stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any…