Book3_DogKennels.pdf

INVITATION FOR BIDS

Solicitation No. DTFH70-10-B-00014

AK PRA DENA 10(25)

REALIGN DOG KENNELS ACCESS ROAD

AND BUS TURNAROUND

BOOK 3

Solicitation, Offer & Award, Bid Schedule, Contract Clauses, Minimum Wage Schedule, Special Contract Requirements, and Plans

This solicitation cites Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-03 U.S. Customary

ISSUING OFFICE:

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

610 EAST FIFTH STREET

VANCOUVER, WA 98661-3801

Phone: (360) 619-7520 –FAX: (360) 619-7932 Web site: http://www.wfl.fhwa.dot.gov/contracting/ e-mail : wfl.contracts@dot.gov

QUICK INDEX

Page Item

H-60 Permits –Continued I-1 Storm Water Pollution

Prevention Plan

A-1 Notice to Bidders

Bid Opening Date:

See Page A-3, Block 13A

This solicitation is a HUBZone Small Business Set-aside See FAR clause 52.219-3 (pg C-13)

BID REMINDERS

Electronic bids will not be accepted. Submit printed copy of bid to the address listed on the enclosed SF 1442. Before submitting your bid, please review the following:

Have you rechecked your bid figures?

Have you completed the bid schedule?

Have you completed and signed the SF 1442, Solicitation, Offer & Award?

Have you acknowledged all amendments?

Have you completed the Representations & Certifications (Page B-1)?

Is your bid guarantee enclosed in proper form and amount (see FAR Clause 52.228-1), including Power of Attorney affidavit?

Does the lower left corner of the proposal envelope state “Bid Enclosed”?

Does the lower left corner include the Solicitation Number and the project number/name?

PROJECT NAME AK PRA DENA 10(25)

REALIGN DOG KENNELS ACCESS ROAD AND BUS

TURNAROUND

BEGINNING AT 11+00.00

ENDING AT 23+49.24

COUNTY DENALI BOROUGH

STATE ALASKA

LENGTH 0.237 MILES

FIXED COMPLETION DATE See FAR Clause 52.211-10 (FAR Clauses begin on page C-1)

H-60

Permits Project: AK PRA DENA 10(25), Realign Dog Kennels Access Road and Bus Turnaround

General Permit

E. Region 9

1. ASRIOOOOO: The Island of American Samoa

a. Discharges authorized by the general permit shall meet all applicable American Samoa water quality standards.

b. Permittees discharging under the general permit shall comply with all conditions of the permit.

3. AZRIOOOOl: Indian country lands within the State of Arizona, including Navajo Reservation lands in New Mexico and Utili'!

a. White Mountain Apache Tribe. The following condition applies only for projects on the White Mountain Apache Reservation: All NOls for proposed stormwater discharge coverage shall be provided to the following address:

Tribal Environmental Planning Office P.O. Box 2109 Whiteriver, AZ 85941

b. Hoopa Valley Tribe. The following conditions apply only for projects on the Hoopa Valley Reservation:

i. All notices of intent submitted for storm water discharges under the general permit in Hoopa Valley Indian Reservation (HVIR) shall be submitted to the Tribal Environmental Protection Agency (TEPA); and

ii. AU poHution prevention plans for stormwater discharge in HVIR shall be submitted to TEPA for review and approval.

c. 29 Palms Band of Mission Indians. The following conditions apply only for projects on the 29 Palms Band of Mission Indians Reservation:

i. The 29 Palms Tribal EPl\~ is informed of any future changes made to the proposed CGP;

ll. For each permitted activity, the U.S. EPA will ensure that all terms and conditions of the proposed CGP are compiied with;

iii Notices of intent must be submitted to the 29 Palms Tribal EPA for review, comment and tracking;

iv. Copies of storm water pollution prevention plans (SWPPPs) and supporting Best Management Practices (BMPs) must be submitted to the 29 Paims Tribal EPA for review and compliance;

v. Copies of all monitoring reports must be provided to the 29 Palms Tribal

EPA;

vi. Depending on the permitted activity, the 29 Palms Tribal EPA reserves the right to stipulate additional monitoring requirements; and

vii. In order to meet the requirements of Tribal law, including water quality standards, each of the conditions cited in the proposed CGP and the Twenty-Nine Palms Band of Mission Indians certification shall not be made any less stringent.

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d. Hualapai Tribe. The foJlowing conditions apply only for projects on the Hualapai Reservation:

1. All notices of intent for proposed storm water discharges under the CGP and all pollution prevention plans for storm water discharges on Hualapai Tribal lands shall be submitted to the Water Resource Program through the Tribal Chairman for review and approval, P.O. Box 179, Peach Springs, AZ 86434.

e. Pyramid Lake Paiute Tribe. The following conditions apply only for projects on the Pyramid Lake Paiute Reservation:

i. All notices of intent (NOls) must be submitted to the Tribe for review, comments and tracking;

ii. copies of all Stormwater Pollution Prevention Plan (SWPPPs) and supporting Best Management Practices (BMPs) must be submitted to the Pyramid Lake Paiute Tribe for review and concurrence;

iii. copies of the criteria for Effluent Limitations Guidelines (ELGs) and the criteria for proposed QualifYing Local Programs (QLPs) to be used for sediment and erosion control pursuant to 40 CFR 122.44(s) be provided to the Pyramid Lake Paiute Tribe; and

iv. copies of all monitoring reports must be provided to the Pyramid Lake Paiute Tribe.

4. MPRIOOOOO: Commonwealth of the Northern Mariana Islands (CNMI)

a. An Earthmoving and Erosion Control Permit shall be obtained from the CNMI

DEQ prior to any cbnstruction activity covered under the NPDES general permit.

b. All conditions and requirements set forth in the USEPA NPDES general permit for discharges from large and smali construction must be complied with.

c. A SWPPP for storm water discharges from construction activity must be approved by the Director of the CNMI DEQ prior to the submission of the NOI to USEPA. The CNMI address for the submittal of the SWPPP for approval is:

Commonwealth of the Northern Mariana Islands Office of the Governor Director, Division of Environmental Quality (DEQ) P.O. Box 501304 C.K.

Saipan, MP 96950-1304

d. An NOI to be covered by the general permit for discharges from large and small construction sites must be submitted to CNMI DEQ (use above address) and USEPA, Region 9, in the form prescribed by USEPA, accompanied by a SWPPP approval letter from CNMI DEQ.

e. The NOI must be postmarked seven (7) calendar days prior to any storm water discharges and a copy must be submitted to the Director ofCNMI DEQ (use above address) no later than seven (7) calendar days prior to any stormwater discharges.

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f. Copies of all monitoring reports required by the NPDES general permit must be submitted to CNMI DEQ (use above address).

g. In accordance with section 10.3(h) and (i) of the CNMI water quality standards, CNMI DEQ reserves the right to deny coverage under the general permit and to require submittal of an application for an individual NPDES permit based on a review of the NOI or other information made available to the Director.

F. Region 10

1. AKR 100000: The State of Alaska, except Indian country

a. For Storm Water Pollution Prevention Plans

i. Operators of construction projects disturbing at least one acre of land but less than five acres ofland shall submit a copy of the Notice ofIntent ('NOl) to the Alaska Department of Environmental Conservation (ADEC) at the same time it is submitted to the EPA. Submittals to ADEC shall be made to the following address

Alaska Department of Environmental Conservation Wastewater DischargeiStorm Water 555 Cordova St.

Anchorage, AK 99501

ii. Operators of construction projects that disturb five or more acres of land and that are located outside the areas q,fthe local governments described in numbers iii, iv, v, or vi below, shall submit a copy of the Storm Water Pollution Prevention Plan (SWPPP) and a copy of the NOI to ADEC for review. The SWPPP shall be accompanied by the state-required plan review fee (see 18 AAC 72.955).

iii. Within the Municipality of Anchorage

(1) Operators of construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to either ADEC or the Municipality based on the project type and operator as shown in the following table , Project Type Submit SWPPP to Government (federal, state, municipal) road projects and other government transportationprojects such as ports railroads or airports ADEC Utility projects for which the utility is initiating the work Municipality Work that requires a Building Permit Municipality

I Non-publicly fimded transportation projects Municipality

(2) SubmIttal of the SWPPP to the MUnIclpality should be made before or at the same time the NOI is submitted to the EPA and ADEC and shaH be accompanied by any Municipality-required fee. Copies of the SWPPP shall be submitted to the Municipality at the following address

Municipality of Anchorage Office of Planning Development and Public Works 4700 South Elmore Rd.

PO Box 196650 Anchorage, AK 99519-6650

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(3) Submittals to ADEC shall include a copy of the SWPPP and a copy of the NOI for review and shall be accompanied by the state-required plan review fee (see 18 AAC 72.995).

iv. Within the urbanized area boundary of the Fairbanks North Star Borough check with the Borough for the latest requirements.

Fairbanks North Star Borough Department of Public Works PO Box 71267 Fairbanks, AK 99707

v. Within the urbanized area boundary of the City of Fairbanks

(1) Operators of privately-funded construction projects disturbing one or more acres ofland shaH submit a copy oftne S\VPPP to the City of Fairbanks.

(2) Submittal of the SWPPP to the City of Fairbanks should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any City-required fee. Copies of the SWPPP shall be submitted to the City of Fairbanks at the following address

City of Fairbanks Engineering Division 800 Cushman St Fairbanks, AK 99701

(3) Operators ofpublicIy-funded projects disturbing one or more acres ofland shall submit a copy of the SWPPP and a copy of the NOr to ADEC for review, and shall be accompanied by the state-required plan review fee (see 18 AAC 72.995).

vi. Within the urbanized area boundary of the City of North Pole

(1) Operators of privately-funded construction projects disturbing one or more acres ofland shall submit a copy of the SWPPP to the City of North Pole.

(2) Submittal oftne SWPPP to the City of North Pole should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any City-required fee. Copies ofthe SWPPP shaH be submitted to the City of North Pole at the following address

City of North Pole Department of Public Works 125 Snowman Lane North Pole, AK 99705

(3) Operators of publicly-funded projects disturbing one or more acres ofland shall submit a copy of the SWPPP and a copy of the NOI to ADEC for review, and shaH be accompanied by the state-required plan review fee (see 18 AAC 72.995).

vii. For hardrock mines that are designed to process 500 or more tons per day and intend to file a Notice ofIntent to begin construction under this permit

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(1) The operator shall submit their SWPPP to ADEC for review at least 90 days before the start of construction,

(2) Representatives of the operator and the prime site construction contractor shall meet with ADEC representatives in a pre construction conference at least 20 days before the start of construction to discuss the details of the SWPPP and stormwater management during construction,

(3) The operator shall submit to ADEC addendums to the SWPPP that address any pianned physical alterations, additions to the permitted facility, or unanticipated conditions that arise during planned construction that could significantly change the nature, or increase the quantity, of pollutants discharged from the facility, and

(4) The operator shall have at least one person on-site during construction who is qualified and trained in the principles and practices of erosion and sediment control and has the authority to direct the maintenance of storm water best management practices.

b. For Post-Construction (Permanent) Storm Water Control Measures (Section 3.1.E [Post-Construction Stormwater lvJanagement] of the CGP)

1. Operators of construction projects who construct, alter, install, modifY, or operate any part of a storm water treatment system and are located outside the Municipality of Anchorage, shall submit a copy of the engineering plans to ADEC for review at the address given above (see 18 AAC 72.600).

ii. Operators of construction projects who construct, alter, install, modify, or operate any part of a storm water treatment system and are located inside the Municipality of Anchorage, shall submit a copy of the engineering plans to the respective government agency based on project type, as indicated in the table in a.iii.(1) above, for review at the addresses given in a.i. or ajii.(2) above.

2. IDRIOOOOO: The State ofIdaho, except Indian country

a. 303(d)-listed Water Bodies with Approved TMDLs.

Discharges of storm water will be consistent with load allocations established by the applicable TMDL.

b. 303(d)-listed Water Bodies without Approved TMDLs (High Priority) If a TMDL has not been established for a high priority 303(d)-listed water body, then discharges of storm water may not cause an increase in the total load of listed poiiutant(s) in the receiving water body.

c. 303(d)-listed Water Bodies without Approved TMDLs (Medium or Low Priority) If a TMDL has not been established for a medium or Im,v priority 303(d)-listed water body, then best management practices shall be employed as necessary to prohibit further impairment of the designated or existing beneficial uses in the receiving water body.

d. Best Management Practices (BMPs) BMPs must be designed, implemented, and maintained by the permittee to fully protect and maintain the beneficial uses of the receiving water body. The permittee should select appropriate BMPs that are either authorized by the

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H-65 appropriate designated agency as defined in Idaho Water Quality Standards (IDAPA 58.01.02), recommended in IDEQ's Catalog of Stormwater BMPs for Idaho Cities and Counties, or recommended by other local government entities or guidance documents.

e. Equivalent Analysis Waiver - Use of the "Equivalent Analysis Waiver" in Appendix D of the permit is not authorized.

f. Operators may contact the Idaho Department of Environmental Quality regional office nearest the construction activity for more information about impaired waterways:

Boise Regional Office:

1445 N. Orchard Boise ID 83706-2239 Tel: (208)373-0550 Fax: (208)373-0287

Grangeville Satellite Office:

300 W. Main Grangeville ID 83530 Tel: (208)983-0808 Fax: (208)983-2873

Pocatello Regional Office:

444 Hospital Way #300 Pocatello ID 83201 Tel: (208)236-6160 Fax: (208)236-6168

Mcra!l Satellite Office:

502 N. 3rd Street #9A P.O. Box 4654 McCall, ID 83638 Tel: (208)634-4900 Fax: (208)634-9405

Idaho Falls Regional Office:

900 N. Skyline, Suite B Idaho Falls, ID 83402 Tel: (208)528-2650 Fax: (208)528-2695

Twin Falls Regional Office:

1363 Fillmore Twin Falls, ID 83301 Tel: (208)736-2190 Fax: (208)736-2194

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Coeur d'Alene Regional Office:

2110 Ironwood Parkway Coeur d'Alene ID 83814 Tel: (208)769-1422 Fax: (208)769-1404

Lewiston Regional Office:

1118 "F" Street Lewiston,ID 83501 Tel: (208)799-4370 Toll Free: 1-877-541-3304 Fax: (208)799-3451

3. ORRIOOOOI: Indian country within the State of Oregon, except Fort McDermitt Reservation lands (see Region 9):

a. Confederated Tribes ofthe Umatilla Indian Reservation.

The following conditions apply only for projects within the exterior boundaries of the Umatilla Indian Reservation:

i. The operator shall be responsible for achieving compliance with the Confederated Tribes of the Umatilla Indian Reservation's (CTUIR) Water Quality Standards.

ii. The operator must submit all Storm Water Pollution Prevention Plans required under this general pennit to the CTUIR Water Resources Program for review and determination that the S WPPP is sufficient to meet Tribal Water Quality Standards prior to the beginning of any discharge activities taking place.

iii. The operator must submit a copy of the Notice ofIntent (NOl) to be covered by this generai pemlit to the CTUIR Water Resources Program at the address below, at the same time it is submitted to EPA.

lV. The operator shall be responsible for reporting an exceedance of Tribal Water Quality Standards to the CTUIR Water Resources Program at the same time it is reported to EPA.

Confederated Tribes ofthe Umatilla Indian Reservation Water Resources Program P.O. Box 638 Pendleton, OR 97801 (54i) 966-2420

v. At least 45 days prior to beginning any discharge activities, the operator must submit a copy of the Notice ofIntent to be covered under this general permit and an assessment of whether the undertaking has the potentiai to affect historic properties to CTUIR Tribal Historic Preservation Office (THPO) at the address below. If the project has potential to affect historic properties, the operator must define the area of potential effect (APE). The operator must provide the THPO at least 30 days to comment on the APE as defined.

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vi. Ifthe project is an undertaking, the operator must conduct a cultural resource investigation. All fieldwork must be conducted by qualified personnel (as outlined by the Secretary of the Interior's Standards and Guidelines found at http://www.nps.gov/history/local-Iaw/ arch studs O.htm). All fieldwork must be documented using Oregon Reporting Standards (as outlined at http://egov.oregon.gov/OPRD/HCD/ARCHIarch pubsandlinks.shtmI).

The resulting report must be submitted to the THPO for concurrence before any ground disturbing work can occur. The operator must provide the THPO at least 30 days to review and respond to all reports.

The operator must obtain THPO concurrence in writing. Ifhistoric properties are present, this written concurrence will outline measures to be taken to prevent or mitigate effects to historic properties.

Confederated Tribes of the Umatilla Indian Reservation Cultural Resources Protection Program Tribal Historic Preservation Office P.O. Box 638 Pendleton, OR 97801

(541) 966-2340

b. Confederated Tribes of Warm Springs.

The following conditions apply only for projects on the Warm Springs Indian Reservation:

i. All activities covered by this NPDES general permit occurring \vithin a designated riparian buffer zone as established in Ordinance 74 (Integrated Resource Management Plan or IRMP) must be reviewed, approved and permitted through the Tribe's Hydraulic Permit Application process, including payment of any applicable fees.

ii. All activities covered by this NPDES general permit must foHmv an applicable land management and resource conservation requirements specified in the IRMP.

iii. Operators of activities covered by this NPDES genera! permit must submit a Storm Water Pollution Prevention Plan to the Tribe's Water Control Board at the following address for approval at least 30 days prior to beginning construction activity:

Chair, Warm Springs Water Control Board P.O. BoxC Warm Springs, Oregon 97761

4. WARlOOOOF: Federal Facilities in the State of Washington, except those located on Indian Country

a. Discharges shall not cause or contribute to a violation of surface water quality standards (Chapter 173-201 A WAC), ground water quality standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-204 WAC), and human health-based criteria in the National Toxics Rule (40 CFR Part 131.36).

Discharges that are not in compliance with these standards are not authorized.

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b. Prior to the discharge of stormwater and non-stormwater to waters of the state, the Permittee shall apply all known, available, and reasonable methods of prevention, control, and treatment (AKART). This includes the preparation and implementation of an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate best management practices (BMPs) installed and maintained in accordance with the SWPPP and the terms and conditions of this permit.

c. Sampling & Numeric Effluent Limitations - For Sites Discharging to Certain Waterbodies on the 303(d) List or with an Applicable TMDL

1. Permittees that discharge to water bodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH or phosphorus, shall conduct water quality sampling according to the requirements of this section.

(1) The operator must retain all monitoring results required by this section as part of the SWPPP. All data and related monitoring records must be provided to EPA or the Washington Department of Ecology upon request.

(2) The operator must notifY EPA when the discharge turbidity or discharge pH exceeds the water quality standards as defined in Parts 10.FA.d.ii and e.ii below, in accordance with the reporting requirements of Part G.12.F of this permit. All reports must be submitted to EPA at the following address:

U.S EPA Region 10 NPDES Compliance Unit - .Attn: Federal Facilities Compliance Officer 1200 6th Avenue, Suite 900 OCE-l33 Seattle, W A 98101

(206) 553-1846

11. An references and requirements associated with Section 303(d) of the Clean Water Act mean the most current listing by Ecology of impaired waters that exists on November 16,2005, or the date when the operator's complete NO!

• • -' t... "CPA h· h' ." 1 tf''' is receiveu uy D , W 1IC .e Jer l...., .. a ... _-".

Parameter identified ParameterlUnits Analytical Sampling in 303(d) listing Method Frequency Turbidity Turbidity INTU SM2130 or Weekly, if Fine Sediment EPA180.1 discharging Phosphorus

I I I I I

High pH pH/Standard pH meter Weekly, if Units dischar in

I

Water Quality Standard

If background is 50 NTU or less: 5 NTU over background; or

If background is more than 50 NTU:

10% over background

In the range of

6.5 -8.5

d. Discharges to waterbodies on the 303(d) list for turbidity, fine sediment, or phosphorus

L Permittees which discharge to waterbodies on the 303(d) list for turbidity, fine sediment, or phosphorus shall conduct turbidity sampling at the

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H-69 following locations to evaluate compliance with the water quality standard for turbidity:

(J) Background turbidity shall be measured in the 303(d) listed receiving water immediately upstream (upgradient) or outside the area of influence of the discharge; and

(2) Discharge turbidity shall be measured at the point of discharge into the 303(d) listed receiving waterbody, inside the area of influence of the discharge; or Alternatively, discharge turbidity may be measured at the point where the discharge leaves the construction site, rather than in the receiving waterbody.

ll. Based on sampling, if the discharge turbidity ever exceeds the water quality standard for turbidity (more than 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or more than a 10% increase in turbidity when the background turbidity is more than 50 NTU), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for turbidity. If a future discharge exceeds the water quality standard for turbidity, the permittee shall:

(J) Review the SWPPP for compliance with the permit and make appropriate revisions within 7 days of the discharge that exceeded the standard;

(2) Fully implement and maintain appropriate source control and/or treatment B"MPs as soon as possible, but no later than 10 days of the discharge that exceeded the standard;

(3) Document BMP implementation and maintenance in the site log book;

(4) Continue to sample daily until discharge turbidity meets the water quality standard for turbidity.

e. Discharges to waterbodies on the 303( d) list for High pH

1. Permittees which discharge to waterbodies on the 303(d) list for high pH shall conduct sampling at one ofthe following iocations to evaluate compliance with the water quality standard for pH (in the range of 6.5 - 8.5):

(1)

(2) pH shaH be measured at the point of discharge into the 303(d) listed waterbody, inside the area of influence ofthe discharge; or Alternatively, pH may be measured at the point where the discharge leaves the construction site, rather than in the receiving water.

ii. Based on the sampling set forth above, if the pH ever exceeds the water quality standard for pH (in the range of 6.5 - 8.5), all future discharges shaH comply with a numeric effluent limit which is equal to the water quality standard for pH. If a future discharge exceeds the water quality standard for pH, the permittee shall:

(J) Review the SWPPP for compliance with the permit and make appropriate revisions within 7 days of the discharge;

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(2) Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days of the discharge that exceeded the standards;

(3) Document BMP implementation and maintenance in the site log book;

(4) Continue to sample daily until discharge meets the water quality standard for pH (in the range of 6.5 - 8.5).

f. Sampling & Limitations - For Sites Discharging to TMDLs

i. Discharges to waterbodies subject to an applicable Total Maximum Daily

Load (TMDL) for turbidity, fine sediment, high pH, or phosphorus, shall be consistent with the assumptions and requirements of the TMDL.

(1) Where an applicable TW.tDL sets specific waste load allocations or requirements for discharges covered by this permit, discharges shall be consistent with any specific waste load allocations or requirements established by the applicable TMDL.

a. Discharges shall be sampled weekly, or as otherwise specified by the TMDL, to evaluate compliance with the specific waste load allocations or requirements.

b. Analytical methods used to meet the monitoring requirements shall conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136.

(2) Where an appiicabie TMDL has established a general "\vaste load allocation for construction stormwater discharges, but no specific requirements have been identified, compliance with this permit will be assumed to be consistent with the approved TMDL.

(3) Where an applicable TMDL has not specified a waste load allocation for construction stormwater discharges, but has not excluded these discharges, compliance with this permit will be assumed to be consistent with the approved TMDL.

(4) Where an applicabie TIvIDL specifically precludes or prohibits discharges from construction activity, the operator is not eligible for coverage under this permit.

ii. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus, which has been completed and approved by EPA prior to November 16,2005, or prior to the date the operator's complete NOr is received by EPA, whichever is later.

Information on impaired waterways is available from the Department of Ecology website at:

http://www.ecy.wa.gov/programs/wg/stormwater/constmction/impaired.htm!

or by phone: 360-407-6460.

5 . WAR 1 00001: Indian country within the State of Washington

a. Kalispel Tribe.

The following conditions apply only for projects on the Kalispel Reservation:

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1. The permittee shall be responsible for achieving compliance with the Kalispel Tribe's Water Quality Standards.

ii. The permittee shall submit a copy ofthe Notice ofIntent (NOI) to be covered by the general permit to the Kalispel Tribe Natural Resources Department at the same time as it submitted to the u.S. EPA

iii. The permittee shall submit all Storm Water Prevention Plans (SWPP) to the Kalispel Tribe Natural Resources Department thirty (30) days prior to beginning any discharge activities for review.

iv. Prior to any land disturbing activities on the KalispeJ Indian Reservation and its dependent communities, the permittee shall obtain a cultural resource clearance letter from the Kalispel Natural Resource Department.

v. All tribal correspondence pertaining to the genera! permit for discharges of construction stormwater shall be sent to:

b. Lummi Nation

Kalispel Tribe Natural Resources Department PO Box 39 Usk, WA 99180

The following conditions apply only for projects on the Lummi Reservation:

i. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must obtain a land use permit from the Lummi Planning Department as provided in Title 15 of the Lummi Code of Laws and regulations adopted thereunder.

ii. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a Storm Water Pollution Prevention Plan to the Lummi Water Resources Division for review and approval by the Water Resources Manager prior to beginning any discharge activities.

iii. Pursuant to LCL Title 17, each operator shall be responsible for achieving compliance with the Water Quality Standards for Surface Waters of the Lummi Indian Reservation (Lummi i1..dministrative Regulations (LAR] 17 LAR 07.010 through 17 LAR 07.210).

iv. Each operator shall submit a copy ofthe Notice ofIntent to the Lummi Water Resources Division at the same time it is submitted to the Environmental Protection Agency (EPA).

v. Storm Water Pollution Prevention Plans and Notices ofIntent shall be submitted to:

Lummi Natural Resources Department ATTN: Water Resources Manager 2616 K wina Road Bellingham, W A 98226

vi. Refer to the Lummi Nation website at http://wv,l"HJ./ummi-nsn.govto review a copy of Title 17 of the Lummi Code of Laws and the references upon which the conditions identified above are based.

c. Makah Tribe The following conditions apply only for projects on the Makah Reservation:

i. The operator shall be responsible for achieving compliance with the Makah Tribe's Water Quality Standards.

ii. The operator shaH submit a Storm Water Pollution Prevention Plan to the

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Makah Tribe Water Quality Program and Makah Fisheries Habitat Division for review and approval at least thirty (30) days prior to beginning any discharge activities.

iii. The operator shall submit a copy ofthe Notice ofIntent to the Makah Tribe Water Quality Program and Makah Fisheries Habitat Division at the same time it is submitted to EPA.

iv. Storm Water Pollution Prevention Plans and Notices ofIntent shall be submitted to:

Makah Fisheries Water Qualit-y and Habitat Division POBox 115 Neah Bay, WA 98357

d. Puyallup Tribe of Indians.

The following conditions apply only to stormwater discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre, where those discharges enter surface waters of the Puyallup Tribe:

1. Each permittee shall be responsible for achieving compliance with the Puyallup Tribe's Water Quality Standards, including antidegradation provisions. The Puyallup Natural Resources Department will conduct an anti degradation review for permitted activities that have the potential to affect water quality. The antidegradation review will be consistent with the Tribe's Antidegradation Implementation Procedures.

Ii. The permittee shaH be responsible for meeting any additional permit requirements imposed by EPA necessary to comply with the Puyallup Tribe's antidegradation policies if the discharge point is located within 1 linear mile upstream of waters designated by the Tribe.

iii. Each permittee shall submit a copy of the Notice ofIntent (NOI) to be covered by the general permit to the Puyallup Tribal Natural Resources Department at the address listed below at the same time it is submitted to

EPA.

Puyallup Tribe of Indians 3009 E. Portland Avenue Tacoma, WA 98404 ATTN: Natural Resources Department

iv. All supporting documentation and certifications in the NOI related to coverage under the general permit for Endangered Species Act purposes shaH be submitted to the Puyallup Tribal Natural Resources Department for review.

v. If EPA requires coverage under an individual or alternative permit, the permittee shaH submit a copy of the pennit to the Puyallup Tribal Natural Resources Department at the address listed above.

vi. The permittee shall submit all stormwater pollution prevention plans to the Puyallup Tribal Natural Resources Department for review and approval prior to beginning any activities resulting in a discharge to tribal waters.

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Appendix A - Definitions and Acronyms Definitions "Arid Areas" means areas with an average annual rainfall of 0 to 10 inches.

"Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practice to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

"Commencement of Construction Activities" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction~related activities (e.g., stockpiling offill material).

"Control Measure" as used in this permit, refers to any BMP or other method used to prevent or reduce the discharge ofpoilutants to waters of the United States.

"CWA" means the Clean Water Act or the Federal Water Poilution Control Act, 33 U.S.C. section 1251 et seq.

"Discharge" when used without qualification means the "discharge of a pollutant."

"Discharge of Stormwater Associated with Construction Activit<j" as used in this permit, refers to a discharge of pollutants in stormwater from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck chute washdown, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.

"Eligible" means qualified for authorization to discharge storm water under this general 't perml •.

"Facility" or "Activity" means any "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program.

"Federal Facility" means any buildings, installations, structures, land, public works, equipment, aircraft, vessels, and other vehicles and property, owned by, or constructed or manufactured for the purpose of leasing to, the Federal government.

"Final Stabilization" means that:

1. All soil disturbing activities at the site have been completed and either of the two following criteria are met:

a. a uniform (e.g" evenly distributed, without large bare areas) perennial vegetative cover with a density of70 percent of the native background

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H-74 vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or

b. equivalent permanent stabilization measures (such as the use of rip rap, gabions, or geotextiles) have been employed.

2. When background native vegetation will cover less than 100 percent of the ground (e.g., arid areas, beaches), the 70 percent coverage criteria is adjusted as follows: if the native vegetation covers 50 percent of the ground, 70 percent of 50 percent (0.70 X 0.50 = 0.35) would require 35 percent total cover for final stabiiization. On a beach with no natural vegetation, no stabilization is required.

3. In arid and semi-arid areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met:

a. Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by you,

b. The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within three years.

4. For individual lots in residentiai construction, final stabilization means that either:

a. The homebuilder has completed final stabilization as specified above, or

b. The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, finai stabilization.

5. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricuiturai use. Areas disturbed that \vere not previously used for agricuitural activities, such as buffer strips immediately adjacent to "water of the United States," and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria (l) or (2) or (3) above.

"Indian country" is defined at 40 CFR §122.2 to mean:

1. All land within the limits of any Indian reservation under the jurisdiction of the

United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;

2. All dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and

3. Ali Indian allotments, the Indian titles to which have not been extinguished, inciuding rights-of-ways running through the same.

"Large Construction Activity" is defined at 40 CF R § 122 .26(b )(14 )(x) and incorporated here by reference. A large construction activity includes ciearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than five acres of land or will disturb less than five acres of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than five acres. Large

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H-75 construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose ofihe site.

"Municipal Separate Storm Sewer System" or "MS4" is defined at 40 CFR §122.26(b)(8) to mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1. Owned and operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater;

3. Which is not a combined sewer; and

4. Which is not part ofa Publicly Owned Treatment Works (POTW) as defined at 40

CFR §122.2.

"New Project" means the "commencement of construction activities" occurs after the effective date of this permit.

"Ongoing Project" means the "commencement of construction activities" occurs before the effective date of this permit.

"Operator" for the purpose ofthis permit and in the context of storm water associated with construction activity, means any party associated with a construction project that meets either of the following two criteria:

1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

2. The party has day-to-day operational control ofthose activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). This definition is provided to inform permittees of EPA's interpretation of how the regulatory definitions of "owner or operator" and "facility or activity" are applied to discharges of storm water associated with construction activity.

"Owner or operator" means the owner or operator of any "facility or activit'j" subject to regulation under the NPDES program.

"Permitting Authority" means the United States Environmental Protection Agency, EPA, a Regional Administrator ofthe Environmental Protection Agency or an authorized representative.

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"Point Source" means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

"Pollutant" is defined at 40 CFR § 122.2. A partial listing from this definition includes:

dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste.

"Project Area" means:

- The areas on the construction site where stormwater discharges originate and flow toward the point of discharge into the receiving waters (including areas where excavation, site development, or other ground disturbance activities occur) and the immediate vicinity. (Example: 1. Where bald eagles nest in a tree that is on or bordering a construction site and could be disturbed by the construction activity or where grading causes stormwater to flow into a small wetland or other habitat that is on the site that contains listed species.)

- The areas where storm water discharges flow from the construction site to the point of discharge into receiving waters. (Example: Where stormwater flows into a ditch, swale, or gully that leads to receiving waters and where listed species (such as amphibians) are found in the ditch, swale, or gully.)

- The areas where stormwater from construction activities discharge into receiving waters and the areas in the immediate vicinity of the point of discharge. (Example: Where stormwater from construction activities discharges into a stream segment that is known to harbor listed aquatic species.)

- The areas where stormwater Btv1Ps will be constructed and operated, including any areas where stornlwater flows to and from BMPs. (Example: Where a stormwater retention pond would be built.)

- The areas upstream and lor downstream from construction activities discharges into a stream segment that may be affected by the said discharges. (Example: Where sediment discharged to a receiving stream settles downstream and impacts a breeding area of a listed aquatic species.)

"Receiving water" means the "Water of the United States" as defined in 40 CFR § 122.2 into which the regulated storm water discharges, "Runoff coefficient" means the fraction of tot a! rainfall that will appear at the conveyance as runoff.

"Semi-Arid Areas" means areas with an average annual rainfall of 10 to 20 inches.

"Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

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"Small Construction Activity" is defined at 40 CFR § 122.26(b)( 15) and incorporated here by reference. A small construction activity includes clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than one (l) acre and less than five (5) acres ofland or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site.

"Stormwater" means storm water runoff, snow melt runoff, and surface runoff and drainage.

"Stormwater Discharge-Related Activities" as used in this permit, include: activities that cause, contribute to, or result in stormwater point source pollutant discharges, including but not limited to: excavation, site development, grading and other surface disturbance activities; and measures to control stormwater including the siting, construction and operation ofBMPs to control, reduce or prevent stormwater pollution.

"Total Maximum Daily Load" or "TMDL" means the sum ofthe individual wasteload allocations (WLAs) for point sources and load allocations (LAs) for nonpoint sources and natural background. If a receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any nonpoint sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure.

"Waters of the United States" is as defined at 40 CFR § 122.2.

"Wetland" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands generally include swamps, marshes, bogs, and similar areas.

ACRONYMS

BMP - Best Management Practices CGP - Construction General Permit CFR - Code of Federal Regulations CWA - Clean Water Act EPA - United States Environmental Protection Agency ESA - Endangered Species Act FWS - United States Fish and Wildlife Service MS4 - Municipal Separate Storm Sewer System MSGP - Multi-Sector General Permit NHPA - National Historic Preservation Act NMFS - United States National Marine Fisheries Service NOr - Notice of Intent

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NOT - Notice of Termination NPDES - National Pollutant Discharge Eiimination System POTW - Publicly Owned Treatment Works SHPO - State Historic Preservation Officer SWPPP - Stormwater Pollution Prevention Plan THPO - Tribal Historic Preservation Officer TMDL - Total Maximum Daily Load WQS - Water Quality Standard

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Appendix B - Permit Areas Eligible for Coverage Permit coverage for stormwater discharges from construction activity occurring within the following areas is provided by legally separate and distinctly numbered permits:

1. EPA Region 1: CT, MA, ME, NH, RI, VT

US EPA, Region 01 Office of Ecosystem Protection NPDES Storm water Program 1 Congress St, Suite 1100 (CMU) Boston, MA 02114-2023

The States of Connecticut, Maine, Rhode Island, and Vermont are the NPDES Permitting Authority for the majority of discharges within their respective states.

Permit No.

MARIOOOOO

~.1ARl 00001

CTR10000I

NHR100000

RIRIOOOOI

VTR10000F

Areas of CoveragelWhere EPA is Permitting Authority Commonwealth of Massachusetts (except Indian country) Indian country within the State of Massachusetts Indian country within the State of Connecticut State of New Hampshire Indian country within the State of Rhode Island Federal Facilities in the State of Vermont

2. EPA Region 2: NJ, NY, PR, VI

For NJ, NY, and VI:

US EPA, Region 02 NPDES Storm water Program 290 Broadway, 24th Floor New York, NY 10007-1866

ForPR:

US EPA, Region 02 Caribbean Environmental Protection Division NPDES Storm water Program 1492 Ponce de Leon Ave Central Europa Building, Suite 417 San Juan, PR 00907-4127

The State of New York is the NPDES Permitting Authority for the majority of discharges within its state. The State of New Jersey and the Virgin Islands are the NPDES Permitting Authority for all discharges within their respective states.

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Permit No.

NYRIOOOOI

PRRIOOOOO

Areas of CoveragelWhere EPA is Permitting Authority Indian country within the State of New York The Commonwealth of Puerto Rico

3. EPA Region 3: DE, DC, MD, PA, VA, WV

US EPA, Region 03 NPDES Stormwater Program 1650 Arch St Phiiadelphia, PA 19103

The State of Delaware is the NPDES Permitting Authority for the majority of discharges within its state. Maryland, Pennsylvania, Virginia, and West Virginia are the NPDES Permitting Authority for all discharges within their respective states.

Permit No.

DCRIOOOOO

DERI0000F

Areas of CoveragelWhere EPA is Permitting Authority The District of Columbia Federal Facilities in the State of Delaware

4. EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN

US EPA, Region 04 Water Management Division NPDES Storm water Program 61 Forsyth St SW Atlanta, GA 30303-3104

Coverage Not Available. Construction activities in Region 4 must obtain permit coverage under an alternative permit.

5. EPA Region 5: IL, IN, MI, MN, OR, WI

US EPA, Region 05 NPDES & Technical Support NPDES Stormwater Program 77 W Jackson Blvd

(WN-16J)

Chicago, IL 60604-3507

The States of Michigan, Minnesota, and Wisconsin are the l\!'PDES Permitting Authority for the majority of discharges within their respective states. The States of Illinois, Indiana, and Ohio are the NPDES Permitting Authorities for all discharges within their respective states.

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MIRIOOOOI

MNRIOOOOI

WIRIOOOOI

General Permit

Areas of coverage/where EPA is…