Attachment B.3 - Environmental Protection Provisions 12-27-23.pdf

RESTORE FLORIDA CONNECTING COASTAL WATERS: MONEY BAYOU

ENVIRONMENTAL PROTECTION PROVISIONS

EP - i

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 SUBMITTALS

13 NOISE CONTROL

14 SCHEDULE OF DELIVERABLES

List of Appendices

Appendix I: FDEP NPDES GENERAL PERMIT INFORMATION

Appendix II: APPROVED FLORIDA DEPARTMENT OF ENVIRONMENTAL

PROTECTION PERMITS

EP-1

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 Environmental Protection Provisions 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 Florida Department of Environmental Protection (FDEP).

Applicable construction stormwater NPDES Permit information is included as an Appendix I 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 obtained the Environmental Resource Permit and Section 404 Clean Water Act Permit from the Florida Department of Environmental Protection. Applicable Permit information and Permits are included as appendices I and II 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

EP-2

which may be required by Gulf 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 their 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

EP-3

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 indicated 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 indicated 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 which are to be saved and protected shall also be identified by the GOVERNMENT and marked or fenced by the CONTRACTOR. All survey monuments 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 solid waste or debris may be disposed of within the boundaries of the St. Joe Bay State Buffer Preserve. If such debris is found, the debris shall be removed by the CONTRACTOR at their 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 in a manner so as not to contaminate soils, ground or surface waters, or any other natural resources.

EP-4

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 is prohibited. Any damage to wetland vegetation, vegetation, trees or change in the existing elevation (e.g., ruts, tracks, excavation) in vegetation areas occurring on the Project Construction Site, outside approved Project Construction Site limits 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 scrubland, wetlands or 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 Provisions of the Specifications for additional requirements.

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

6.10 Dispensing of Fuel:

Secondary containment, which is capable of holding at minimum one hundred ten percent (110%) of the tank contents, shall be provided by the CONTRACTOR for each fuel storage tank. Fuel dispensers shall have a four foot (4’) 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 inch (8”) 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

EP-5

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 12.1.7 through Paragraph 12.1.10 below.)

6.11 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.

6.12 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 Florida Department of Environmental Protection. Over fifteen (15) protected bird species are known to occur within the Preserve. 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.

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 sixty feet (660’). 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 thirty feet (330’). If a bald eagle or a potential bald eagle nest is observed, the CONTRACTOR shall immediately notify the GOVERNMENT and the Construction Observer.

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 which have the potential to exist within the boundaries of the

EP-6

Project Construction Site include St. Andrew beach mouse, flatwoods salamander, gopher frog, American alligator, gopher tortoise, eastern indigo snake, Florida pine snake, and the alligator snapping turtle.

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 Technical Provisions 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 as indicated in the Plans. Such restoration shall be in accordance with a plan submitted for approval by the GOVERNMENT. This Work 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 their 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 SUBMITTALS

12.1 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

EP-7

CONTRACTOR'S plan will not relieve the CONTRACTOR of their 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:

12.1.1 Methods for limiting impacts to features and habitats 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).

12.1.2 Procedures to be implemented by the CONTRACTOR to assure compliance with the environmental protection requirements of Paragraph 6.1 of these Environmental Protection Provisions of the Specifications, 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 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.

12.1.3 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.

12.1.4 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.

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

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

12.1.7 Oil and fuel spill prevention.

EP-8

12.1.8 Oil spill contingency plan.

12.1.9 Fuel spill plan (if applicable).

12.1.10Explanation of where spill response and containment materials and equipment will be stored and accessed if needed.

12.1.11A protection plan for threatened and/or endangered species within the Project Construction Site.

12.1.12Work 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.

12.1.13The location of the solid disposal area.

12.1.14A 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.

12.1.15A statement acknowledging that the CONTRACTOR is responsible for environmental protection, including all of the CONTRACTOR'S personnel and Subcontractors.

12.1.16The Environmental Protection Plan shall be dated and endorsed by the individual of top management in charge of the construction.

13 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.

14 SCHEDULE OF DELIVERABLES

TASK DELIVERABLE SUBMISSION

EP-6.10 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-9

EP-12.1 Environmental Protection Plan Within seven (7) Days after Contract Award.

Appendix I: FDEP NPDES GENERAL PERMIT INFORMATION

State of Florida

Department of Environmental Protection

NPDES Generic Permit

For

Stormwater Discharge from Large and Small Construction Activities

Effective Date: 02/2015

This permit is issued under the provisions of Section 403.0885, Florida Statutes, and applicable rules of the Florida Administrative Code pursuant to the Department’s federally-approved National Pollutant Discharge Elimination System (NPDES) stormwater regulatory program. Stormwater discharge associated with large construction activity, as defined at 40 C.F.R. Part 122.26(b)(14)(x) and herein, is regulated pursuant to Section 402(p)(2) of the federal Clean Water Act (CWA). Stormwater discharge associated with small construction activity, as defined at 40 C.F.R. 122.26(b)(15) and herein, is regulated pursuant to Section 402(p)(6) of the CWA. This permit constitutes authorization to discharge stormwater associated with large and small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4). Until this permit is terminated, modified or revoked, permittees that have properly obtained coverage under this permit are authorized to discharge to surface waters of the State, including through an MS4, in accordance with the terms and conditions of this permit.

TABLE OF CONTENTS

PART 1: PERMIT COVERAGE

PART 2: YOUR APPLICATION = NOTICE OF INTENT (NOI)

PART 3: DISCHARGES

PART 4: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)..7

PART 5: BEST MANAGEMENT PRACTICES (BMPs)

PART 6: INSPECTIONS AND RECORDS

PART 7: COMPLETION = NOTICE OF TERMINATION (NOT)

PART 8: DEFINITIONS AND ACRONYMS ......................................... 17-21

PART 9: STANDARD PERMIT CONDITIONS

HOW TO USE THIS DOCUMENT

This generic permit is written in plain English. It sets forth a series of questions along with the answers that are designed to make it easier for you to understand who needs a permit, how you get permit coverage, and what you must do to meet the permit’s requirements. Underlined blue words are terms that are defined in Part 8, Definitions and Acronyms. If you click on these words, you will be taken to the part of the document where the term is defined. To get back to your original part of the document, you must install the “BACK” button for Word.

To install the “BACK” button and “FORWARD” button, complete these steps:

1. Click the Microsoft office button or FILE in the top left corner of your Word window.

2. Click on “Word Options” at the bottom of the menu.

3. Click on “Customize” from the left pane.

4. In “Choose commands from” drop-down menu, select “All Commands”.

5. From the list of commands find “Back” and click “Add”

6. Similarly, find “Forward” and click “Add”

This Document Constitutes Your Permit

PART 1: PERMIT

COVERAGE

Do I need this permit for my project?

1.1 When is this permit required?

An NPDES Stormwater construction generic permit is required for any construction activities that:

1.1.1 Disturb one or more acres of land or disturb less than one acre of land but are part of a common plan of development or sale; and

1.1.2 Discharge stormwater to surface waters of the state or to surface waters of the State through a municipal separate storm sewer system (MS4).

You, the Responsible Authority, shall apply either for an individual permit or for coverage under this National Pollutant Discharge Elimination System (NPDES) Construction Generic Permit (CGP). The Responsible Authority of a construction activity is ultimately responsible for obtaining and complying with this permit.

1.2 What does the CGP allow me to do?

The CGP allows you to discharge surface stormwater associated with large or small construction activity to waters of the State, either directly or through an MS4.

1.3 If I obtain the CGP, do I still need an Environmental Resource Permit (ERP) or other permit?

Obtaining coverage under the CGP does not relieve you of the requirement to obtain an Environmental Resource Permit (ERP). If an ERP is required then contact the Department, the appropriate water management district, or a delegated local program for more information. You may also need to obtain other required permits from federal, state, or local governments.

1.4 Do I need this permit if I am one of several contractors working at a common site?

1.4.1 If you are a contractor or subcontractor acting under the direction of an operator or other entity who has received coverage under the CGP for your construction activities, you do not have to obtain your own coverage under this permit, but must be named on the operator’s SWPPP and separately sign the SWPPP certification (see Part 4.5).

DEP Document No. 62-621.300(4)(a) Effective 02/2015 1 | P a g e

1.4.2 If you are not named in the SWPPP or are not acting under the direction of the responsible authority who has obtained permit coverage, you must obtain your own permit.

1.5 Are there any limitations of coverage?

The following stormwater discharges from construction sites are not authorized by this permit. This permit specifically does not allow you to do any of the following:

1.5.1 Cause or contribute to a violation of surface water quality standards;

1.5.2 Discharges stormwater mixed with non-stormwater, except as otherwise provided in Part 3 of this CGP;

1.5.3 Discharge stormwater that originates from the site after construction activities have been completed and the site has undergone final stabilization;

1.5.4 Discharges that are mixed with sources of non-stormwater;

1.5.5 Discharges stormwater associated with construction activities that are covered under an existing generic or individual permit. Such discharges may be authorized under this permit after the existing generic permit or individual permit term of coverage expires or is terminated, provided the existing permit did not establish numeric limitations for such discharges; or

1.5.6 Discharges stormwater associated with construction activity that the Department has determined to be or may reasonably be expected to be causing or contributing to a violation of surface water quality standards.

PART 2: YOUR APPLICATION =

NOTICE OF INTENT (NOI)

How do I apply for coverage under this permit?

2.1 How do I apply for coverage under this permit?

You must:

2.1.1 Submit a "Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b)," also known as Notice of Intent or NOI, to the Department; and

2.1.2 Submit the required permit application fee. For Large construction sites disturbing 5 or more acres, the required fee is $400. For Small construction sites disturbing 1- 4.99 acres, the required fee is $250. Land disturbances less than one acre of land but are part of a common plan of development or sale must apply for coverage.

2.2 What must I do before applying for the CGP?

Before you submit your NOI, you must develop and be ready to implement a Stormwater Pollution Prevention Plan (SWPPP). The minimum requirements for a SWPPP are listed in Part 4.

2.3 Where can I obtain and file my NOI and permit fee?

2.3.1 You can submit your NOI and payment electronically through the Department business portal at http://www.fldepportal.com/go/. Permit fees must be paid by check, credit card or debit card.

2.3.2 Alternatively, you can submit a paper copy of your NOI by downloading the form at: http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm and submitting it, along with your permit fee, to the Notices Center.

2.4 Who can sign the NOI?

The responsible authority must sign the NOI unless the responsible authority designates a duly authorized representative who may sign on the responsible authority’s behalf as prescribed in Part 8.9.

Effective 02/2015 3 | P a g e

2.5 When is the NOI due?

2.5.1 For a new project, you must submit a complete NOI and permit fee at least 2 calendar days before commencement of construction by clearing, grading, excavating, demolition, or other construction activities disturbing soil. An application is complete upon submittal of all requested information, submittal of the required permit fee, and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired.

2.5.2 For a project continuing beyond the five-year term of any existing CGP permit coverage, you must submit the complete NOI and permit fee at least 2 calendar days before your current permit expires to renew your coverage.

2.5.3 For a project where the operator changes, the new operator must submit the complete NOI and permit fee at least 2 calendar days before assuming control of the project.

2.6 What happens after I submit my NOI and Permit fee?

Your NOI will be determined complete or incomplete:

2.6.1 If incomplete, the Department will contact you to request additional information or request payment of the required permit fee.

2.6.2 If complete, the Department will send you an acknowledgment letter that will identify the term of your permit coverage.

2.6.3 You must post a copy of the NOI or, post a copy of the acknowledgment letter at the construction site in a prominent place for public viewing, such as alongside a building permit.

2.6.4 If your project discharges stormwater to an MS4, you must send a copy of the NOI or the acknowledgement letter within 7 calendar days of receipt to the operator of the MS4.

2.7 What is the term of my permit coverage?

2.7.1 The term of your permit coverage begins 2 calendar days after the Department determines your submittal complete, and lasts 5 years or until you terminate your coverage under the permit.

PART 3: DISCHARGES

What discharges are allowed under this permit?

3.1 What discharges are allowed under this permit?

With limited exceptions, the CGP only allows stormwater discharges associated with construction activities and dewatering operations described in Part 3.4. The exceptions are listed below (see Parts 3.2 and 3.4).

3.2 What non-stormwater discharges does the CGP allow?

You can discharge the following types of non-stormwater discharges, if they are listed in your SWPPP and your SWPPP includes appropriate pollution prevention procedures as to not cause or contribute to a violation of water quality standards.

3.2.1 Discharges from firefighting activities.

3.2.2 Fire hydrant flushings.

3.2.3 Waters without detergents used to spray off loose solids from vehicles.

3.2.4 Waters used to control dust.

3.2.5 Potable water sources such as waterline flushings.

3.2.6 Landscape irrigation water and drainage.

3.2.7 Routine external building washdown provided no detergents are used.

3.2.8 Pavement washwaters that do not contain detergents, leaks, spills of toxic or hazardous materials.

3.2.9 Air conditioning condensate.

3.2.10 Spring water.

3.2.11 Foundation or footing drain flows that are not contaminated with process material such as solvents.

3.2.12 Noncontaminated ground water associated with dewatering activities as described in Part 3.4.

3.3 What non-stormwater discharges are prohibited by the CGP?

The following non-stormwater discharges are prohibited by the CGP:

3.3.1 Wastewater from concrete washout.

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

3.3.3 Fuels, oils, or other pollutants from vehicle and equipment operation and maintenance.

3.3.4 Soaps, detergents, solvents, or other cleaners.

3.3.5 Hazardous substances or oil resulting from an on-site spill.

Effective 02/2015 5 | P a g e

3.3.6 Solid materials, including building materials.

3.3.7 Any other non-stormwater discharge not specifically allowed by Part 3.2 of the

CGP.

3.4 Can I discharge water from groundwater dewatering operations under this permit?

3.4.1 The CGP authorizes the discharge of uncontaminated ground water.

3.4.2 If your project site is uncontaminated, in accordance with Part 3.4.3 below, you are authorized under the CGP to discharge uncontaminated groundwater resulting from construction-related dewatering operations. To obtain this authorization, you must complete Part VI of the NOI. The operator is responsible for ensuring the groundwater is uncontaminated.

3.4.3 An uncontaminated site must meet the following conditions:

The property is either (a) not identified as a contaminated site and there is no identified contaminated site within 500 feet, or (b) it is identified as a contaminated site, but DEP documentation confirms that the contamination has been remediated or the pollutants of concern from the contaminated site are not present in groundwater at the project site at concentrations equal to or greater than the surface water criteria in Rule 62-302.530, F.A.C.

3.4.4 Documentation that the project site is uncontaminated must be kept at the project site with the SWPPP.

3.4.5 Appropriate dewatering BMPs shall be implemented to ensure that discharges from dewatering operations do not cause or contribute to violations of water quality standards. (See Part 5.8.) The BMPs must be included in the Dewatering Section of the SWPPP.

3.4.6 Discharges from dewatering operations must:

a) Not include visible floating solids or foam;

b) When feasible, discharge onto vegetated upland areas of the site where the water can infiltrate. As an alternative, the water can be discharged into the permitted stormwater system serving the project site.

Note: Backwash water should be managed such that it is not discharged directly to waters of the State. Backwash water may be hauled away for proper disposal or returned to the beginning of the treatment process.

3.5 What if I suspect the discharge from dewatering operations are from a contaminated site?

3.5.1 If a discharge from dewatering operations causes or contributes to a water quality violation, the permittee shall contact the Department. This permit only authorizes the discharge of uncontaminated groundwater. A site that does not meet the conditions of 3.4.3 may qualify for coverage under Rule 62-621.300(1), F.A.C., or under an individual wastewater permit on the appropriate form listed in Rule 62-620.910, F.A.C.

3.5.2 Coverage under this permit may be suspended, revoked and reissued, or terminated in accordance with Rule 62-620.345, F.A.C., if the Department determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or the permittee has submitted false, incomplete or inaccurate data or information.

PART 4: STORMWATER

POLLUTION PREVENTION

PLAN (SWPPP)

How do I develop my stormwater pollution prevention plan?

4.1 What is the purpose of the SWPPP?

The purpose of the SWPPP is to document how you will comply with the requirements of this permit.

4.2 How do I develop my (SWPPP)?

You must prepare a SWPPP following standard industry practices. You can find training, samples, guidance, templates, and links to other resources to help you develop your SWPPP on our web page:

http://www.dep.state.fl.us/water/stormwater/npdes/construction3.htm.

4.3 When must I start following my SWPPP?

You must develop your SWPPP before you submit your NOI. You must start following your SWPPP when you receive coverage under this permit. If your SWPPP requires perimeter controls, they must be installed before the commencement of your construction activities.

4.4 Where do I keep my SWPPP and other records and how long do I have to retain them?

4.4.1 Keep all of these records at the construction site, or at an appropriate alternative location as specified in the NOI.

4.4.2 You must maintain a site log notebook or computer file folder that contains copies of the NOI, the acknowledgement letter granting coverage, your SWPPP, all your inspections reports, records, and all notifications from the Department concerning your site.

4.4.3 Keep all of these records for three years from the date that the site has reached final stabilization and the Notice of Termination (NOT) is submitted.

4.5 How often must I update my SWPPP?

You must keep your SWPPP current. You must sign and date any changes to the SWPPP and keep them as attachments to the original plan. Whenever any of the following events occur, you have seven calendar days to update your SWPPP:

Effective 02/2015 7 | P a g e

4.5.1 There is a change in design, construction, operation, or maintenance that has a significant effect on the discharge from your project.

4.5.2 There is a new discharge point or outfall.

4.5.3 There is a change in the location of a discharge point or outfall.

4.5.4 An inspection (see Part 6) reveals that BMPs are ineffective at eliminating or minimizing pollutants in the stormwater discharged from the site.

4.5.5 There is a new operator, contractor, or subcontractor implementing any portion of the SWPPP. If a new operator is taking over a portion of the project site, you must update your SWPPP to note the area that is no longer covered by your CGP and inform the new operator in writing that you are no longer covering construction activities in that area. This documentation must be kept as part of your SWPPP. (See Part 1.4).

4.5.6 A release containing a hazardous substance in an amount equal to or greater than a reportable quantity occurs during a 24-hour period. (See Part 9.2 for important information about releases of hazardous substances in excess of reportable quantities.)

4.6 Who needs to sign the SWPPP?

All contractors and subcontractors identified in the SWPPP must sign a copy of the following certification statement before conducting any construction activities at the site.

The certifications must have the name and title of the person signing the certification; the name, address, and telephone number of the contracting firm; and the signature date.

"I certify under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for Stormwater Discharge from Large and Small Construction Activities and this Stormwater Pollution Prevention Plan."

4.7 What needs to be in the SWPPP?

Table 4.7-1 lists the items that must be included in your plan. The SWPPP must clearly identify the contractor(s) or subcontractor(s) that will implement each item.

Table 4.7.1 Contents of the SWPPP

Stormwater Team

Identify the personnel (by name or position) that are part of the stormwater team responsible for implementing the SWPPP, including the qualified inspector. List their individual responsibilities in developing or implementing the SWPPP.

Contractors /Subcontractors

List all the contractors or subcontractors who will be conducting construction activities at the site, and identify the areas of the site in which they will be working. All listed contractors and subcontractors must sign the certification.

Site/Construction Activities Description

• Describe the nature of the construction activity.

• Describe the intended sequence and time table of major activities that will disturb soils.

• Include the scheduled starting and ending date for each major activity such as land clearing, grubbing, grading, cut and fill, dewatering operations, installation of erosion and sediment controls, installation of stormwater management systems, paving, final or temporary stabilization of exposed soil, and removal of construction equipment and vehicles.

• Estimate the total area of the site and the total area that is expected to be disturbed by excavation, grading, or other construction activity.

• Include existing data on soil types and the quality of any existing discharge from the site.

• For each proposed discharge point provide the following:

Latitude and Longitude Drainage Area Surface Waters or MS4

• Estimate the amount of land that will be cleared during the construction activity for each drainage area.

Site Map

Include a site map showing all of the following:

• Boundaries of the property.

• Entrance/Exit Points

• Locations where construction activities will occur.

• Locations where dewatering operation will occur.

• Drainage patterns and approximate slopes and elevations anticipated after major grading activities.

• Areas of soil disturbance.

• Areas which will not be disturbed.

• Location of major structural and nonstructural controls.

• Location of areas where stabilization practices are expected to occur.

• Location of surface waters and wetlands.

• Location where stormwater is proposed to be discharged during construction to a surface water or MS4.

Non-stormwater Discharges

List all non-stormwater discharges covered under this permit and the pollution prevention procedures that will be implemented. (See Part 3.3)

Dewatering Controls (Applicable)

Include a description of the BMPs that will be used to ensure that discharges of noncontaminated ground water from dewatering operations do not cause or contribute to violations of state water quality standards.

BMPs Describe the BMPs that will be implemented for each major activity and the timing during the construction process that they will be implemented. (See Part 5 )

Permanent stormwater management controls

Describe the stormwater management controls or BMPs (e.g., stormwater detention or retention systems, vegetated swales, or velocity dissipation devices at discharge points) that will be installed during the construction process to control pollutants in stormwater discharges. (See Part 5.7)

Inspections Must be at least once every seven calendar days and within 24-hours of the end of a storm event that is 0.50 inches or greater (even if it rains on the weekend or a holiday) (See Part 6)

Maintenance Describe the maintenance activities and schedules that will be followed to keep BMPs in good and effective operating condition.

Signed Certifications Include all the signed contractors and subcontractors certifications in the SWPPP.

Effective 02/2015 9 | P a g e

PART 5: BEST MANAGEMENT

PRACTICES (BMPs)

What BMPs apply to my project?

5.1 What BMPs am I required to use on my project?

Construction activities must not cause or contribute to a water quality violation or offsite sedimentation. You are encouraged to phase your construction activities to avoid potential water quality violations. BMPs must be installed before the commencement of your construction activities.

All BMPs must be consistent with the guidelines contained in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, FDOT and FDEP (2013) http://www.stormwater.ucf.edu/publications/2013RevisedDesignerManual.pdf, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04227.

You are required to comply with the following:

5.1.1 You must implement pollution prevention control BMPs described in Part 5.2.

5.1.2 You must implement erosion and sediment control BMPs as described in Part 5.3.

5.1.3 You must stabilize soils in accordance with Part 5.4.

5.1.4 You must implement structural controls as described in Part 5.5.

5.1.5 You must implement dewatering BMPs as described in Part 5.8.

5.1.6 If you disturb more than 10 acres at any one time, you must comply with the requirements of Part 5.6 relating to sediment basins.

5.1.7 All BMPs must be maintained until Final Stabilization has been achieved for the portions of the site served by the BMPs. BMPs include pollution prevention controls, erosion and sediment controls, stabilization practices, and structural controls. All BMPs must be described in your SWPPP.

5.1.8 Dewatering BMPs must be maintained throughout the duration of dewatering operations.

5.1.9 Temporary perimeter controls must be removed after final stabilization.

5.2 What pollution prevention control BMPs must be implemented?

You must, at a minimum, install, implement, and maintain pollution prevention control BMPs that accomplish all of the following:

5.2.1 Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters that are covered under this permit so as to not cause a violation of water quality standards or offsite sedimentation.

http://www.flrules.org/Gateway/reference.asp?No=Ref-04227

5.2.2 Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, toxic substances, and other materials present on the site to rain and to stormwater that may run onto or across your site so as to not cause or contribute to a violation of water quality standards.

5.2.3 Minimize the discharge of pollutants from spills and leaks. Your SWPPP must include and you must implement chemical spill and leak prevention and response procedures.

5.3 What erosion and sediment control BMPs apply?

You must, at a minimum, install, implement, and maintain appropriate erosion and sediment controls that accomplish all of the following so as to not cause or contribute to a violation of water quality standards and minimize offsite sedimentation:

5.3.1 Control stormwater volume and velocity within the site to minimize soil erosion and offsite sedimentation.

5.3.2 Control stormwater peak discharge rates and volume to minimize erosion at discharge outfalls and to minimize downstream channel and stream bank erosion.

5.3.3 Minimize the amount of soil exposed during the construction activity.

5.3.4 Minimize the disturbance of steep slopes.

5.3.5 Minimize sediment discharges from the site.

5.3.6 Minimize off-site vehicle tracking of sediments onto paved surfaces and the generation of dust so as to prevent the potential for water quality violations and offsite sedimentation. If sediment escapes the construction site, remove off-site accumulations of sediment at a frequency sufficient to minimize off-site impacts.

5.3.7 In selecting your sediment and erosion controls, you must consider factors such as the amount, frequency, intensity, and duration of precipitation; the characteristics of the resulting stormwater; and the site’s soil characteristics, including the range of soil particle sizes expected to be present on the site.

5.4 Do I have to use Stabilization Measures?

You must initiate stabilization measures within 7 calendar days after construction activities have temporarily or permanently ceased for any portion of the site.

Stabilization measures include:

• Temporary seeding.

• Permanent seeding.

• Mulching.

• Geotextiles.

• Sod stabilization.

• Vegetative buffer strips.

• Protection of trees.

• Preservation of mature vegetation.

• Other appropriate measures.

Effective 02/2015 11 | P a g e

5.4.1 You must include in your SWPPP, and update when necessary, the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated.

5.4.2 You must achieve Final Stabilization prior to filing a Notice of Termination in accordance with Part 7.1 or the expiration of coverage under this, or a subsequent, generic permit.

5.5 Do I have to use Structural Practices?

You must use controls to accomplish the following:

5.5.1 As necessary to prevent violations of water quality or offsite sedimentation, you must divert flows from exposed soils, store flows, retain sediment on site, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site.

5.5.2 Structural practices to prevent violations of water quality or offsite sedimentation, which may include the following: silt fences, earth dikes, diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, reinforced soil…