2fbo_IFB2__YankeeFork.pdf

ID PFH 88-1(1)

YANKEE FORK ROAD

SOLICITATION DTFH70-11-B-00001

PDF 2 CONTAINS:

SECTIONS:

H-1 Permits I-1 Storm Water Pollution Prevention Plan J-1 Fire Protection and Suppression Plan

PERMITS

INDEX

US Department of the Army, Corps of Engineers

Authorization Letter Corps No. NWW-2010-00I02 ......................................H-3 Decision Document Nationwide Permit 3 .....................................................H-6

United States Environmental Protection Agency

Notice of Intent and coverage for EPA’s Construction General Permit ...............................................................................................H-17

National Pollutant Discharge Elimination System Construction General Permit ...............................................................................................H-21

H-1

Permits Project: ID PFH 88-1(1), Yankee Fork Road

(This page intentionally left blank.)

H-2

H-3

H-4

H-5

H-6

H-7

H-8

H-9

H-10

H-11

H-12

H-13

H-14

H-15

H-16

H-17

H-18

H-19

H-20

National Pollutant Discharge Elimination System General Permit for Discharges from

Large and Small Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4, operators of large and small construction activities that are described in Part 1.3 of this National Pollutant Discharge Elimination System (NPDES) general permit, except for those activities excluded from authorization of discharge in Part 1.3.C of this permit are authorized to discharge pollutants to waters of the United States in accordance with the conditions and requirements set forth herein. Permit coverage is required from the “commencement of construction activities” until “final stabilization” as defined in Appendix A.

This permit shall become effective on June 30, 2008.

This permit and the authorization to discharge shall expire at midnight, June 30, 2010.

Signed:

Stephen S. Perkins, Director, Office of Ecosystem Protection EPA Region 1

Barbara Finazzo, Director, Division of Environmental Planning and Protection EPA Region 2

Carl-Axel P. Soderberg, Division Director, Caribbean Environmental Protection Division EPA Region 2

Jon M. Capacasa, Director, Water Protection Division EPA Region 3

Tinka Hyde, Director, Water Division EPA Region 5

Miguel I. Flores, Director, Water Quality Protection Division EPA Region 6

William A. Spratlin, Director, Water, Wetlands and Pesticides Division EPA Region 7

Stephen S. Tuber, Assistant Regional Administrator, Office of Partnerships & Regulatory Assistance EPA Region 8

Alexis Strauss, Director, Water Division EPA Region 9

Michael Gearheard, Director, Office of Water and Watersheds EPA Region 10

The signatures are for the permit conditions in Parts 1 through 10 and Appendices A through G, and for any additional conditions which apply to facilities located in the corresponding state, Indian country, or other area.

H-21

H-22

H-23

PART 1: COVERAGE UNDER THIS PERMIT

1.1 Introduction

This Construction General Permit (CGP) authorizes 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 United States or a municipal separate storm sewer system (MS4) leading to surface waters of the United States subject to the conditions set forth in this permit. This permit also authorizes stormwater discharges from any other construction activity designated by EPA where EPA makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to waters of the United States. This permit replaces the permit issued in 2003 (68 FR 39087, July 1, 2003), including the modification made to that permit in 2004 (69 FR 76743, December 22, 2004).

This permit is presented in a reader-friendly, plain language format. This permit uses the terms “you” and “your” to identify the person(s) who owns or operates a “facility” or “activity” as defined in Appendix A and who must comply with the conditions of this permit. This format should allow you, the permittee and operator of a large or small construction activity, to easily locate and understand applicable requirements.

The goal of this permit is to minimize the discharge of stormwater pollutants from construction activity.

1.2 Permit Area

If your large or small construction activity is located within the areas listed in Appendix B, you may be eligible to obtain coverage under this permit. Permit coverage is actually provided by legally separate and distinctly numbered permits covering each of the areas listed in Appendix B.

1.3 Eligibility

Permit eligibility is limited to discharges from “large” and “small” construction activity, and to “new projects” and “unpermitted ongoing projects,” as defined in Appendix A or as otherwise designated by EPA. This general permit contains eligibility restrictions, as well as permit conditions and requirements. You may have to take certain actions to be eligible for coverage under this permit. In such cases, you must continue to satisfy those eligibility provisions to maintain permit authorization. If you do not meet the requirements that are a pre-condition to eligibility, then resulting discharges constitute unpermitted discharges. By contrast, if you eligible for coverage under this permit and do not comply with the requirements of the general permit, you may be in violation of the general permit for your otherwise eligible discharges.

A. Allowable Stormwater Discharges Subject to compliance with the terms and conditions of this permit, you are authorized to discharge pollutants in:

H-24

1. Stormwater discharges associated with large and small construction activity from “new projects” and “unpermitted ongoing projects” as defined in Appendix A;

2. Stormwater discharges designated by EPA as needing a stormwater permit under 40 CFR §122.26(a)(1)(v) or §122.26(b)(15)(ii);

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

a. The support activity is directly related to the construction site required to have

NPDES permit coverage for discharges of stormwater associated with construction activity;

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

c. Pollutant discharges from support activity areas are minimized in compliance with Part 3.1.G; and

4. Discharges composed of allowable discharges listed in 1.3.A and 1.3.B commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

B. Allowable Non-Stormwater Discharges You are authorized for the following non-stormwater discharges, provided the non-stormwater component of the discharge is in compliance with Part 5.4 (Non-Stormwater Discharges):

1. Discharges from fire-fighting activities;

2. Fire hydrant flushings;

3. Waters used to wash vehicles where detergents are not used;

4. Water used to control dust in accordance with Part 3.1.B;

5. Potable water including uncontaminated water line flushings;

6. Routine external building wash down that does not use detergents;

7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used;

8. Uncontaminated air conditioning or compressor condensate;

9. Uncontaminated ground water or spring water;

10. Foundation or footing drains where flows are not contaminated with process materials such as solvents;

11. Uncontaminated excavation dewatering;

12. Landscape irrigation.

C. Limitations on Coverage

1. This permit does not authorize post-construction discharges that originate from the site after construction activities have been completed and the site has achieved final stabilization, including any temporary support activity. Post-construction

H-25 stormwater discharges from industrial sites may need to be covered by a separate NPDES permit.

2. This permit does not authorize discharges mixed with non-stormwater. This exclusion does not apply to discharges identified in Part 1.3.B, provided the discharges are in compliance with Part 5.4 (Non-Stormwater Discharges).

3. This permit does not authorize stormwater discharges associated with construction activity that have been covered under an individual permit or required to obtain coverage under an alternative general permit in accordance with Part 2.6.

4. This permit does not authorize discharges that EPA, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. Where such a determination is made prior to authorization, EPA may notify you that an individual permit application is necessary in accordance with Part 2.6. However, EPA may authorize your coverage under this permit after you have included appropriate controls and implementation procedures in your permit designed to bring your discharge into compliance with water quality standards.

5. Discharging into Receiving Waters With an Approved or Established Total Maximum Daily Load Analysis

a. You are not eligible for coverage under this permit for discharges of pollutants of concern to waters for which there is a total maximum daily load (TMDL) established or approved by EPA unless implement measures or controls that are consistent with the assumptions and requirements of such TMDL. To be eligible for coverage under this general permit, you must implement conditions applicable to your discharges necessary for consistency with the assumptions and requirements of such TMDL. If a specific wasteload allocation has been established that would apply to your discharge, you must implement necessary steps to meet that allocation.

b. In a situation where an EPA-approved or established TMDL has specified a general wasteload allocation applicable to construction stormwater discharges, but no specific requirements for construction sites have been identified in the TMDL, you should consult with the State or Federal TMDL authority to confirm that meeting the effluent limits in Part 3 of this permit will be consistent with the approved TMDL. Where an EPA-approved or established TMDL has not specified a wasteload allocation applicable to construction stormwater discharges, but has not specifically excluded these discharges, compliance with the effluent limits in Part 3 of this permit will generally be assumed to be consistent with the approved TMDL. If the EPA-approved or established TMDL specifically precludes such discharges, the operator is not eligible for coverage under the CGP.

6. Endangered and Threatened Species and Critical Habitat Protection

a. Coverage under this permit is available only if your stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities, as defined in Appendix A, are not likely to jeopardize the continued existence of any species that are federally-listed as endangered or threatened (“listed”) under the Endangered Species Act (ESA) or result in the adverse

H-26 modification or destruction of habitat that is federally-designated as critical under the ESA (“critical habitat”).

b. You are not eligible to discharge if the stormwater discharges, allowable non-stormwater discharges, or stormwater discharge-related activities would cause a prohibited “take” of federally-listed endangered or threatened species (as defined under section 3 of the ESA and 50 CFR 17.3), unless such takes are authorized under sections 7 or 10 of the ESA.

c. Determining Eligibility: You must use the process in Appendix C (ESA Review Procedures) to determine eligibility PRIOR to submittal of the Notice of Intent (NOI). You must meet one or more of the following six criteria (A- F) for the entire term of coverage under the permit:

Criterion A. No federally-listed threatened or endangered species or their designated critical habitat are in the project area as defined in Appendix C; or

Criterion B. Formal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded and that consultation:

i. Addressed the effects of the project’s stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and

ii. The consultation resulted in either:

a. Biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federally-designated critical habitat, or

b. Written concurrence from the Service(s) with a finding that the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat; or

Criterion C. Informal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded and that consultation:

i. Addressed the effects of the project’s stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and

ii. The consultation resulted in either:

a. Biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federally-designated critical habitat, or

b. Written concurrence from the Service(s) with a finding that the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are

H-27 not likely to adversely affect federally-listed species or federally-designated critical habitat; or

Criterion D. The construction activities are authorized through the issuance of a permit under section 10 of the ESA, and that authorization addresses the effects of the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed species and federally-designated critical habitat;

or

Criterion E. Stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect any federally-listed threatened or endangered species or result in the destruction or adverse modification of federally-designated critical habitat; or

Criterion F. The project’s stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities were already addressed in another operator’s valid certification of eligibility under Criteria A-E which included your construction activities and there is no reason to believe that federally-listed species or federally-designated critical habitat not considered in the prior certification may be present or located in the project area. By certifying eligibility under this criterion, you agree to comply with any measures or controls upon which the other operator's certification was based.

You must comply with any applicable terms, conditions, or other requirements developed in the process of meeting the eligibility requirements of the criteria in this section to remain eligible for coverage under this permit.

7. Historic Properties [Reserved] You are reminded that you must comply with applicable state, tribal and local laws concerning the protection of historic properties and places.

1.4 Waivers for Certain Small Construction Activities

Three scenarios exist under which small construction activities (see definition in Appendix A) may be waived from the NPDES permitting requirements detailed in this general permit. These exemptions are predicated on certain criteria being met and proper notification procedures being followed. Details of the waiver options and procedures for requesting a waiver are provided in Appendix D.

PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM

CONSTRUCTION ACTIVITY

2.1 How to Obtain Authorization

To obtain coverage under this general permit, you, the operator, must prepare and submit a complete and accurate Notice of Intent (NOI), as described in this Part. Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for permit coverage.

H-28

General Permit

Small and Large Construction Activities 7

2.2 How to Submit Your NOI

You must either use EPA’s electronic NOI system (accessible at www.epa.gov/npdes/eNOI or use a paper form (included in Appendix E) and then submit that paper form to:

For Regular U.S. Mail Delivery:

EPA Stormwater Notice Processing Center Mail Code 4203M

U.S. EPA

1200 Pennsylvania Avenue, NW Washington, DC 20460

For Overnight/Express Mail Delivery:

EPA Stormwater Notice Processing Center Room 7420

U.S. EPA

1201 Constitution Avenue, NW Washington, DC 20004

2.3 Authorization to Discharge Date

You are authorized to discharge stormwater from construction activities under the terms and conditions of this permit seven (7) calendar days after acknowledgment of receipt of your complete NOI is posted on EPA’s NPDES website http://www.epa.gov/npdes/stormwater/cgp. The exception to this 7-day timeframe is if EPA delays your authorization based on eligibility considerations of Part 1.3 (e.g., ESA concerns). Under this circumstance, you are not authorized for coverage under this permit until you receive notice from EPA of your eligibility.

2.4 Submission Deadlines

A. New Projects: To obtain coverage under this permit, you must submit a complete and accurate NOI and be authorized consistent with Part 2.3 prior to your commencement of construction activities.

B. Permitted Ongoing Projects: Permitted ongoing projects are not eligible for coverage under this permit. If you previously received authorization to discharge for your project under the 2003 CGP, your authorization will be automatically continued under that permit until the expiration of this permit and the issuance of a new CGP, or the termination of coverage by you under the 2003 CGP, whichever is earlier. Note: If you are an operator of a permitted ongoing project and you transfer ownership of the project, or a portion thereof, to a different operator, that operator will be required to submit a complete and accurate NOI for a new project in accordance with Part 2.2.

C. Unpermitted Ongoing Projects: If you previously did not receive authorization to discharge for your project under the 2003 CGP and you wish to obtain coverage under this permit, you must submit an NOI within 90 days of the issuance date of this permit.

H-29

Project: ID PFH 88-1(1), Yankee Fork Road http://www.epa.gov/npdes/eNOI http://www.epa.gov/npdes/stormwater/cgp

D. Late Notifications: Operators are not prohibited from submitting NOIs after initiating clearing, grading, excavation activities, or other construction activities. When a late NOI is submitted, authorization for discharges occurs consistent with Part 2.3. The Agency reserves the right to take enforcement action for any unpermitted discharges that occur between the commencement of construction and discharge authorization.

2.5 Continuation of the Expired General Permit

If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and remain in force and effect. If you were granted permit coverage prior to the expiration date, you will automatically remain covered by the continued permit until the earliest of:

A. Reissuance or replacement of this permit, at which time you must comply with the conditions of the new permit to maintain authorization to discharge; or

B. Your submittal of a Notice of Termination; or

C. Issuance of an individual permit for the project’s discharges; or

D. A formal permit decision by EPA to not reissue this general permit, at which time you must seek coverage under an alternative general permit or an individual permit.

2.6 Requiring Coverage Under an Individual Permit or an Alternative General

Permit

A. EPA may require you to apply for and/or obtain either an individual NPDES permit or coverage under an alternative NPDES general permit. Any interested person may petition EPA to take action under this paragraph. If EPA requires you to apply for an individual NPDES permit, EPA will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and an application form. In addition, if you are an existing permittee covered under this permit, the notice will set a deadline to file the application, and will include a statement that on the effective date of issuance or denial of the individual NPDES permit or the coverage or denial of coverage under the alternative general permit as it applies to you, coverage under this general permit will automatically terminate. Applications must be submitted to EPA at the applicable EPA Regional offices listed in Appendix B of this permit. EPA may grant additional time to submit the application upon your request. If you are covered under this permit and you fail to submit in a timely manner an individual NPDES permit application as required by EPA, then the applicability of this permit to you is automatically terminated at the end of the day specified by EPA as the deadline for application submittal.

B. You may request to be excluded from coverage under this general permit by applying for an individual permit. In such a case, you must submit an individual application in accordance with the requirements of 40 CFR §122.26(c)(1)(ii), with reasons supporting the request, to EPA at the applicable EPA Regional office listed in

H-30

Appendix B of this permit. The request may be granted by issuance of an individual permit or coverage under an alternative general permit if your reasons are adequate to support the request.

C. When an individual NPDES permit is issued to you (as an entity that is otherwise subject to this permit), or you are authorized to discharge under an alternative NPDES general permit, the applicability of this permit to you is automatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit, whichever the case may be. If you (as an entity that is otherwise subject to this permit) are denied an individual NPDES permit or an alternative NPDES general permit, the applicability of this permit to you is automatically terminated on the date of such denial, unless otherwise specified by

EPA.

PART 3: EFFLUENT LIMITS

This section includes technology-based and water quality-based effluent limits that apply to all dischargers, unless otherwise specified. You must select, install, and maintain control measures (e.g., Best Management Practices (“BMPs”), controls, practices, etc.)

for each major construction activity, identified in your Part 5 project description, to meet these effluent limits. All control measures must be properly selected, installed, and maintained in accordance with any relevant manufacturer specifications and good engineering practices. You must implement the control measures from commencement of construction activity until final stabilization is complete.

The term “minimize” as used in Part 3 means reduce and/or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practice.

3.1 Effluent Limits to Reduce Pollutants in Stormwater Discharges You must implement control measures to minimize pollutants in stormwater discharges.

A. Sediment Controls: You must implement the following, where applicable:

1. Sediment Basins: For common drainage locations that serve an area with 10 or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from the drainage area from a 2-year, 24-hour storm, or equivalent control measures, must be provided where attainable until final stabilization of the site. Where no such calculation has been performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures, must be provided where attainable until final stabilization of the site. When computing the number of acres draining into a common location, it is not necessary to include flows from offsite areas and flows from on-site areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. In determining whether installing a sediment basin is attainable, the operator may consider factors such as site soils, H-31 slope, available area on-site, etc. In any event, the operator must consider public safety, especially as it relates to children, as a design factor for the sediment basin, and alternative sediment controls must be used where site limitations would preclude a safe design.

2. For drainage locations which serve 10 or more disturbed acres at one time and where a temporary sediment basin or equivalent controls is not attainable, smaller sediment basins and/or sediment traps should be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions).

3. For drainage locations serving less than 10 acres, smaller sediment basins and/or sediment traps should be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction area unless a sediment basin providing storage for a calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage per acre drained is provided.

B. Off-Site Sediment Tracking and Dust Control: You must minimize off-site vehicle tracking of sediments onto paved surfaces and the generation of dust. If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off-site impacts.

C. Runoff Management: You must divert flows from exposed soils, retain/detain flows or otherwise minimize runoff and the discharge of pollutants from exposed areas of the site. You must avoid placement of structural practices in floodplains to the degree technologically and economically practicable and achievable.

D. Erosive Velocity Control: You must place velocity dissipation devices at discharge locations and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g., no significant changes in the hydrological regime of the receiving water).

E. Post-Construction Stormwater Management: You must comply with any applicable federal, local, state, or tribal requirements regarding the design and installation of post-construction stormwater controls. Structural measures should be placed on upland soils to the degree practicable and achievable.

F. Construction and Waste Materials: You must:

1. Prevent the discharge of solid materials, including building materials, to waters of the United States, except as authorized by a permit issued under section 404 of the

CWA;

H-32

2. Minimize exposure of construction and waste materials to stormwater, and the occurrence of spills, through the use of storage practices, prevention and response practices, and other controls;

3. Prevent litter, construction debris, and construction chemicals (e.g., diesel fuel, hydraulic fluids, and other petroleum products) that could be exposed to stormwater from becoming a pollutant source in stormwater discharges.

G. Non-Construction Wastes: You must minimize pollutant discharges from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants).

H. Erosion Control and Stabilization:

1. General Requirements: You must stabilize the site. You must ensure that existing vegetation is preserved where possible and that disturbed portions of the site are stabilized. You should avoid using impervious surfaces for stabilization.

2. Initiation Deadlines: You must initiate stabilization measures, except as provided below, as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased.

i. Where stabilization by the 14th day is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable.

ii. Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 14 days, temporary stabilization measures do not have to be initiated on that portion of the site.

iii. In arid, semiarid, and drought-stricken areas where initiating perennial vegetative stabilization measures is not possible within 14 days after construction activity has temporarily or permanently ceased, final vegetative stabilization measures must be initiated as soon as practicable.

I. Spills / Releases in Excess of Reportable Quantities: You are not authorized to discharge hazardous substances or oil resulting from an on-site spill. This permit does not relieve you of the federal reporting requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 relating to spills or other releases of oils or hazardous substances.

Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117 or 40 CFR Part 302, occurs during a 24-hour period:

• you must provide notice to the National Response Center (NRC) (800–424–8802;

in the Washington, DC, metropolitan area call 202–267–2675) in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 as soon as site staff have knowledge of the discharge; and

H-33

• you must, within 7 calendar days of knowledge of the release, provide a description of the release, the circumstances leading to the release, and the date of the release. You must also implement measures to prevent the reoccurrence of such releases and to respond to such releases.

3.2 Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges You must minimize any non-stormwater discharges authorized by this permit.

3.3 Effluent Limits Related to Endangered Species

You must protect federally-listed endangered or threatened species, or federally-designated critical habitat to maintain eligibility under Part 1.3.C.6.

3.4 Attainment of Water Quality Standards

A. You must select, install, implement and maintain control measures at your construction site that minimize pollutants in the discharge as necessary to meet applicable water quality standards. In general, except in situations explained in Part 3.4.B below, your stormwater controls developed, implemented, and updated consistent with the other provisions of Part 3 are considered as stringent as necessary to ensure that your discharges do not cause or contribute to an excursion above any applicable water quality standard.

B. At any time after authorization, EPA may determine that your stormwater discharges may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. If such a determination is made, EPA will require you to:

i. Modify your stormwater controls in accordance with Part 3.6 to address adequately the identified water quality concerns;

ii. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or

iii. Cease discharges of pollutants from construction activity and submit an individual permit application according to Part 2.6.

All written responses required under this part must include a signed certification consistent with Appendix G, Section 11.

3.5 Consistency with Total Maximum Daily Loads

If you are discharging into a water with an EPA established or approved TMDL, you must implement measures to ensure that your discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including any specific wasteload allocation that has been established that would apply to your discharge. See Part 1.3.C.5 for further information on determining permit eligibility related to TMDLs.

H-34

3.6 Maintenance of Control Measures

A. You must maintain all control measures and other protective measures in effective operating condition. If site inspections required by Part 4 identify BMPs that are not operating effectively, you must perform maintenance as soon as possible and before the next storm event whenever practicable to maintain the continued effectiveness of stormwater controls.

B. If existing BMPs need to be modified or if additional BMPs are necessary for any reason, you must complete implementation before the next storm event whenever practicable. If implementation before the next storm event is impracticable, you must implement alternative BMPs as soon as possible.

C. You must remove sediment from sediment traps or sedimentation ponds when design capacity has been reduced by 50 percent.

D. You must remove trapped sediment from a silt fence before the deposit reaches 50 percent of the above-ground fence height (or before it reaches a lower height based on manufacturer's specifications).

3.7 Training of Employees

You must train employees and subcontractors as necessary to make them aware of the applicable control measures implemented at the site so that they follow applicable procedures.

3.8 Applicable State, Tribal, or Local Programs

You must ensure that the stormwater controls implemented at your site are consistent with all applicable federal, state, tribal, or local requirements for soil and erosion control and stormwater management.

PART 4: INSPECTIONS

A. Inspection Frequency: You must conduct inspections in accordance with one of the two schedules listed below. You must specify in your SWPPP which schedule you will be following.

1. At least once every 7 calendar days, OR

2. At least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater.

B. Case-by-Case Reductions in Inspection Frequency: You may reduce your inspection frequency to at least once every month if:

1. The entire site is temporarily stabilized,

2. Runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or the ground is frozen), or

3. Construction is occurring during seasonal arid periods in arid areas and semi-arid areas.

H-35

C. Inspection Waiver for Frozen Conditions: A waiver of the inspection requirements is available until one month before thawing conditions are expected to result in a discharge if all of the following requirements are met:

1. The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e., more than one month);

2. Land disturbance activities have been suspended; and

3. The beginning and ending dates of the waiver period are documented in the

SWPPP.

D. Qualified Personnel: Inspections must be conducted by qualified personnel (provided by the operator or cooperatively by multiple operators). “Qualified personnel” means a person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of stormwater discharges from the construction activity.

E. Scope of Inspections: Inspections must include all areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. Inspectors must look for evidence of, or the potential for, pollutants entering the stormwater conveyance system. Sedimentation and erosion control measures must be observed to ensure proper operation. Discharge locations must be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to waters of the United States, where accessible. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking.

F. Reductions in Scope of Inspections for Stabilized Areas: Once a definable area has been finally stabilized, no further inspection requirements apply to that portion of the site (e.g., earth-disturbing activities around one of three buildings in a complex are done and the area is finally stabilized, one mile of a roadway or pipeline project is done and finally stabilized, etc).

G. Utility Line Inspections: Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may limit the access of inspection personnel to the areas described in Part 4.E above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected on the same frequencies as other construction projects, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along

H-36 that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment, or to the end of the project, whichever occurs first.

H. Inspection Report: For each inspection required above, you must complete an inspection report. At a minimum, the inspection report must include:

1. The inspection date;

2. Names, titles, and qualifications of personnel making the inspection;

3. Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether any discharges occurred;

4. Weather information and a description of any discharges occurring at the time of the inspection;

5. Location(s) of discharges of sediment or other pollutants from the site;

6. Location(s) of BMPs that need to be maintained;

7. Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;

8. Location(s) where additional BMPs are needed that did not exist at the time of inspection; and

9. Corrective action required including implementation dates.

The inspection report must be signed in accordance with Appendix G, Section 11 of this permit.

PART 5: STORMWATER POLLUTION PREVETNION PLANS (SWPPPs)

5.1 Stormwater Pollution Prevention Plan Framework

You must prepare a SWPPP before submitting your Notice of Intent (NOI) for permit coverage. At least one SWPPP must be developed for each construction project covered by this permit and the stormwater controls implemented at your site must be documented in the SWPPP. If you prepared a SWPPP for coverage under a previous NPDES permit, you must review and update the SWPPP prior to submitting your NOI.

The SWPPP does not contain effluent limitations; the technology and water quality-based effluent limitations are contained in Part 3 of this permit. The SWPPP is intended to document the selection, design, installation, and implementation of control measures that are being used to comply with the effluent limitations set forth in Part 3.

The SWPPP must:

1. Identify all potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site; and

2. Describe control measures to be used to meet the effluent limits set forth in Part 3.

H-37

5.2 SWPPP Contents: Site and Activity Description

A. Construction Site Operators: The SWPPP must identify all operators for the project site, and the areas of the site over which each operator has control.

B. Nature of Construction Activity: The SWPPP briefly must describe the nature of the construction activity, including:

1. The function of the project (e.g., low density residential, shopping mall, highway, etc.);

2. The intended sequence and timing of activities that disturb soils at the site;

3. Estimates of the total area expected to be disturbed by excavation, grading, or other construction activities, including dedicated off-site borrow and fill areas;

and

4. A general location map (e.g., USGS quadrangle map, a portion of a city or county map, or other map) with enough detail to identify the location of the construction site and waters of the United States within one mile of the site.

C. Site Map: The SWPPP must contain a legible site map, showing the entire site, identifying:

1. Direction(s) of stormwater flow and approximate slopes anticipated after grading activities;

2. Areas of soil disturbance and areas that will not be disturbed (or a statement that all areas of the site will be disturbed unless otherwise noted);

3. Locations of major structural and nonstructural BMPs identified in the SWPPP;

4. Locations where stabilization practices are expected to occur;

5. Locations of off-site material, waste, borrow or equipment storage areas;

6. Locations of all waters of the United States (including wetlands);

7. Locations where stormwater discharges to a surface water; and

8. Areas where final stabilization has been accomplished and no further construction-phase permit requirements apply.

D. Construction and Waste Materials: The SWPPP must include a description of construction and waste materials expected to be stored on-site with updates as appropriate.

E. Locations of Other Industrial Stormwater Discharges: The SWPPP must describe and identify the location and description of any stormwater discharge associated with industrial activity other than construction at the site. This includes stormwater discharges from dedicated asphalt plants and dedicated concrete plants that are covered by this permit.

5.3 Description of Control Measures to Reduce Pollutant Discharges A. Control Measures: The SWPPP must include a description of all control measures that will be implemented to meet the effluent limits in Part 3. For each major activity identified in the project description the SWPPP must clearly document appropriate control measures, the general sequence during the construction process in which the

H-38 measures will be implemented, and which operator is responsible for the control measure’s implementation.

B. Stabilization: The SWPPP must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented.

C. Post-Authorization Records: The following records must be maintained with the

SWPPP following authorization under this permit:

1. Dates when grading activities occur;

2. Dates when construction activities temporarily or permanently cease on a portion of the site; and

3. Dates when stabilization measures are initiated.

5.4 Non-Stormwater Discharges

The SWPPP must identify all allowable sources of non-stormwater discharges listed in Part 1.3.B of this permit, except for flows from fire fighting activities that are combined with stormwater discharges associated with construction activity at the site. The SWPPP must also describe the pollution prevention measures used to eliminate or reduce non-stormwater discharges consistent with Part 3.2.

5.5 Documentation of Permit Eligibility Related to Endangered Species The SWPPP must include documentation supporting a determination of permit eligibility with regard to Endangered Species, including:

A. Information on whether federally-listed endangered or threatened species, or federally-designated critical habitat may be in the project area;

B. Whether such species or critical habitat may be adversely affected by stormwater discharges or stormwater discharge-related activities from the project;

C. Results of the Appendix C listed species and critical habitat screening determinations;

D. Confirmation of delivery of NOI to EPA or to EPA’s electronic NOI system. This may include an overnight, express or registered mail receipt acknowledgment; or electronic acknowledgment from EPA’s electronic NOI system;

E. Any correspondence for any stage of project planning between the U.S. Fish and

Wildlife Service (FWS), EPA, the U.S. National Marine Fisheries Service (NMFS), or others and you regarding listed species and critical habitat, including any notification that delays your authorization to discharge under this permit; and

F. A description of measures necessary to protect federally-listed endangered or threatened species, or federally-designated critical habitat.

H-39

5.6 Documentation of Permit Eligibility Related to Total Maximum Daily Loads The SWPPP must include documentation supporting a determination of permit eligibility with regard to waters that have an EPA-established or approved TMDL, including:

A. Identification of whether your discharge is identified, either specifically or generally, in an EPA-established or approved TMDL and any associated allocations, requirements, and assumptions identified for your discharge;

B. Summaries of consultation with State or Federal TMDL authorities on consistency of

SWPPP conditions with the approved TMDL, and

C. Measures taken by you to ensure that your discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including any specific wasteload allocation that has been established that would apply to your discharge.

See Part 1.3.C.5 for further information on determining permit eligibility related to TMDLs.

5.7 Copy of Permit Requirements

Copies of this permit and of the signed and certified NOI form that was submitted to EPA must be included in the SWPPP. Also, upon receipt, a copy of the letter from the EPA Stormwater Notice Processing Center notifying you of their receipt of your administratively complete NOI must also be included as a component of the SWPPP.

5.8 Applicable State, Tribal, or Local Programs

The SWPPP must be updated as necessary to reflect any revisions to applicable federal, state, tribal, or local requirements that affect the stormwater controls you implement at your site.

5.9 Inspections

A record of each inspection and of any actions taken in accordance with Part 4 must be retained with the SWPPP for at least three years from the date that permit coverage expires or is terminated. The inspection reports must identify any incidents of non-compliance with the permit conditions. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the construction project or site is in compliance with this permit.

5.10 Maintaining an Updated Plan

The SWPPP must be modified:

A. To reflect modifications to stormwater control measures made in response to a change in design, construction, operation, or maintenance at the construction site that has or could have a significant effect on the discharge of pollutants to the waters of the United States that has not been previously addressed in the SWPPP.

H-40

B. If during inspections or investigations by site staff, or by local, state, tribal or federal officials, it is determined that the existing stormwater controls are ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the construction site.

C. Based on the results of an inspection, as necessary to properly document additional or modified BMPs designed to correct problems identified. Revisions to the SWPPP must be completed within seven (7) calendar days following the inspection.

5.11 Signature, Plan Review and Making Plans Available

A. Retention of SWPPP: A copy of the SWPPP (including a copy of the permit), NOI, and acknowledgement letter from EPA must be retained at the construction site (or other location easily accessible during normal business hours to EPA, a state, tribal or local agency approving sediment and erosion plans, grading plans, or stormwater management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service) from the date of commencement of construction activities to the date of final stabilization. If you have day-to-day operational control over SWPPP implementation, you must have a copy of the SWPPP available at a central location on-site for the use of all those identified as having responsibilities under the SWPPP whenever they are on the construction site.

If an on-site location is unavailable to store the SWPPP when no…