RFP_MT_PRA_GLAC_10(39)_Book_2_FBO.pdf

Going to the Sun Road Rehabilitation IDIQ Task Order Request for Proposal

Solicitation No. DTFH70-12-R-00007

MT PRA GLAC 10(39)

GTSR Rehabilitation Siyeh Bend to Rising Sun, Phase XII

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 US Customary Units

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/

Email: wfl.contracts@dot.gov

WORLD HERITAGE SITE

QUICK INDEX

Page Item H-1 Permits Pages 1-49

PROPOSAL REMINDERS

Electronic proposals will not be accepted.

Submit printed copy of your proposal to the address listed on the enclosed SF 1442. Before submitting your proposal, please review the following:

Have you rechecked your figures?

Have you completed the schedule?

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

Have you acknowledged all amendments?

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

Have you completed the Task Order subcontracting plan? (If applicable)

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

Does the lower left corner include the Solicitation Number and the project number/name? A-1 Notice to Offeror

Proposal Due Date: See page A-3, Block 13A

HK CONTRACTORS, INC

P.O. BOX 51450

IDAHO FALLS, ID 83405

Book 2 of 3

PROJECT NAME MT PRA GLAC 10(39)

GTSR Rehabilitation Siyeh Bend to Rising Sun, Phase XII

BEGINNING AT 1823+61.00

SUSPEND AT 2298+00.00

RESUME AT 2534+00.00

ENDING AT 2542+00.00

LENGTH 9.13 MILES

NATIONAL PARK GLACIER

COUNTY GLACIER

STATE MONTANA

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

PERMITS

INDEX

Montana Department of Environmental Quality Confirmation Letter, Notice of Intent Number MTR104715 ...................................H-3

General Permit to Discharge Storm Water Associated with Construction Activity, Authorization to Discharge under the Montana Pollutant Discharge Elimination System ............................................................................................................H-4

Certification of Nationwide Permit 3, No. NWO-2009-00589-MTH ...........H-41

Authorization No. MTB004413, Short-term Water Quality Standard for Turbidity Related to Construction Activity Pursuant to 75-5-318 MCA.......................H-45

U.S. Army Corps of Engineers

404 Nationwide Permit 3, Permit No. NWO-2009-00589-MTH ..................H-47

Nationwide Permit 3 Fact Sheet ....................................................................H-50

Nationwide Permit General Conditions .........................................................H-51

Nationwide Permit Regional Conditions .......................................................H-59

Compliance Certification ...............................................................................H-67

Preliminary Jurisdictional Determination Form ............................................H-68

H-1

Permits Project: MT PRA GLAC 10(39), GTSR Rehabilitation, Siyeh Bend to Rising Sun, Phase XII

(This page intentionally left blank)

H-2

Brian Schweitzer, Governor Richard H. Opper, Director

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov

November 19, 2012

DAVID K KENNEDY

WESTERN FEDERAL LANDS HWY DIVISION FHWA

610 EAST FIFTH STREET

VANCOUVER WA 98661

RE: Confirmation Letter, Notice of Intent (NOI) Number MTR104715

WESTERN FEDERAL LANDS FHWA GOING TO THE SUN DR SIYEH BEND TO RISING SUN PH 12

Dear DAVID K KENNEDY:

The Department of Environmental Quality (DEQ) is acknowledging receipt of your complete Notice of Intent (NOI) for permit coverage under the January 1, 2013, General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). For administrative purposes, you have been assigned permit number MTR104715. Please include this permit number on any future correspondence with DEQ regarding this site.

This letter acknowledges receipt of the complete NOI and does not provide a DEQ determination of the validity of the information you provided. Your eligibility for coverage under the General Permit is based on the validity of the certification you provided. Your signature on the NOI certifies that you have read, understood, and are implementing all of the applicable requirements.

The General Permit requires you to implement the Storm Water Pollution Prevention Plan (SWPPP) and defines inspection and record keeping requirements. Permittees seeking continued authorization are required to complete updates to their SWPPPs by January 1, 2013. Records defined in Part 2.5 are required to be maintained on-site with the designated SWPPP Administrator. An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/wqinfo/mpdes/stormwaterconstruction.mcpx.

Coverage under the General Permit remains effective until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. Failure to submit a complete NOT will result in the assessment of additional annual permit fees, which must be paid by the owner or operator.

Coverage under this General Permit does not waive your obligation to obtain coverage under other applicable permits.

If you have any questions regarding the requirements of the General Permit, please feel free to contact the Water Protection Bureau at (406) 444-3080.

S!n.~erely, . __) ,,/ .

\__ 'f~ U--L J v<- / ~r_j ? t .

Jarr(e Petaja Data Control Tech Water Protection Bureau jpetaja@mt.gov

Attachments: General Permit

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division

H-3

GENERAL PERMIT FOR STORM WATER DISCHARGES

ASSOCIATED WITH CONSTRUCTION ACTIVITY

PERMIT NUMBER MTR100000

MONTANA DEPARTMENT

OF ENVIRONMENTAL QUALITY

. . AUTHORIZATION TO DISCHARGE UNQER

THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with Section 75-5-101 et seq., Montana Codes Annotated (MCA), Administrative Rules of Montana (ARM) 17.30.1301 et seq., and ARM 17.30.1101 et seq., owners and operators (permittees) with authorization under this "General Permit · for Storm Water Discharges Associated with Construction Activity" (permit) are authorized to discharge storm water in accordance with the conditions setforth in Parts 1, 2, 3, 4, and 5 of this permit. ·

This permit shall become effective January 1, 2013.

This permit and the authorization to discharge shall expire at midnight, December 31, 2017.

FOR THE MONTANA DEPARTMENT OF

• &MENTA =U::A:::L::I;~· .__ __ __

Paul Skubinna, Program Manager Water Quality Discharge Permit Section Water Protection Bureau Permitting & Compliance Division

Issuance date: Oe.tober JJ; d-0 I J-

H-4

Permit No. MTR 100000 Page 2 of 37 ·

PREAMBLE ···································································~···~···········•·····················································~

1. COVERAGE UNDER THIS PERMIT ...................... ~·-················•······················•··········································6

1.1. Eligibility .................................. ~

1.1.1. Construction Activities Covered .......................................................................................... :.6

1.1.2. Allowable Storm Water Discharges ... ~

1.1.3. Allowable Non-Storm Water Discharges

1~1.4. Limitations on Coverage .................................................................................... ~ ........ ~

1.2. Authorization under this Permit ............................................................................ ~

1.2.1. New Authorizations (Not Previously Authorized)

1.2.2. Continuing Authorizations Issued Before This Permit's 2013 Effective Date

1.2.3. Continuation of this 2013-2017 Permit Beyond the 2017 Expiration Date

1.2.4. Modification to NO Is .................................. ~ ......... ~

1.3. Termination of Coverage under This Permit

1.4. Transfer of Coverage under this Permit

L5. Storm Water Rainfall Erosivity Waiver Form ................................... ."

2. EFFLUENT liMITATIONS AND MONITORING AND REPORTING REQUIREMENTS

2.1. Non-Numeric Technology-Based Effluent Limits ......................................................................... ·11

2.1.1. Erosion and Sediment Controls .................................... .-

2.1.2. s·oil Stabilization ..................................................................................................... · ...... ·

2.1.3. Dewatering

2.1.4. Pollution Prevention Measures .................... ~ ............. ~

2.1.5. Prohibited· Discharges

2.1.6. Surface Outlets

2.2. Water Quality-Based Effluent Limitations

2.2.1. . Water Quality Standards .. ~ ....................................................... -

2.2.2. Discharges to Water Quality Impaired Waters ................................. ;

2.2.3. Consistency with Total Ma~imum Daily Load-Based Waste Load Allocations .................. :.13

2.3. Inspections ...................................................... ~ ........................................ ; .................................. ·.13

2.3.1. Weekly Routine lnspections ...................................................... ~

2.3.2. Biweekly Routine and Post-Storm Event Inspections ........... ·

2.3.3. Reductions In Inspection Frequency ............................................................................ ~

2.3.4. lnsp·ection Require~ents

2.3.5. BMP Maintenance, Replacement, and Failures

2.4. Corrective Actions ..................... ~

2.5. . Recordkeeping

2 .. 6. Reporting ............................... ~

2.6.1. Notification of Primary SWPPP Administrator Changes .................... ~

2.6.2. Noncompliance Reporting ........ ~

3. SPECIAL CONDITIONS -Storm Water Pollution Prevention Plan (SWPPP)

3.1. SWPPP- General Requirements ............................................. ~

3.2. SWPPP Administrator ........................... ~

3.2.1. SWPPP Administrator- General Requirements

3.2.2. SWPPP Administrator- Training

3.3. Construction Activity and BMP Schedule and Phasing .................................................. ~ ... :

H-5

Permit No. MTR 1 00000

3.4. Site Description .................................... , ................................ ~······· .. ········ .. ···· ........ -

3.5. Site Map ........................................................................................... .-

3.6. Identification and Summary of Potential Pollutant Sources

3.7. Description of Best Management Practices (BMPs) ........................................................... ~

3.7.1. Structural BMPs for Erosion and Sediment Control. ................................................... ~ ..... ;.22

3.7.2. Non-Structural BMPs for Erosion and Sediment Control

3.7.3. Materials Handling .............................................................................................................. 22·

3.7.4. Dedicated .Concrete or Asphalt Batch Pla_nts ........................ .-

3.7.5. Vehicle Tracking Control. ................................................................................................. ~ ... 22

3.7.6. Waste Management and Disposal, Including Concrete Washout .......................... ~

3.7.7. Stabilization Measures ................................................................................................. ~

3.7.8. Minimize Ground Disturbance ................................................................. ~

3.7.9. Ground Water Dewatering

3. 7 .10. Operational Controls

3.7.11. Spill Prevention and Response Procedures ......... , ..................... ;

.3.7 .12. Off-Site Vehicle Trucking of Sediment

3.7.13. Local Sediment and Erosion Control Requirements ..................... ~

3.8. Final Stabilization ................... _ ................................ .-....................................... ; ...................... ~

3.9. Post-Construction Storm Water Management

3.10. Inspection and BMP Maintenance Procedure$

3.11. Water Quality Controls for Discharges to Impaired Waterbodies ... -

3.12. SWPPP Revisions and Updates ..................................... _ ....................... -............................... _

4·. STANDARD CONDITIONS ....... ~ ................. -

4.1. Duty to Comp.ly ................. ; ................................... ~ .............................................................. _

4.2. Duty to Reapply ..................................................... _ ...................................... ;

4.3. Need to Halt or Reduce Activity Not a Defense ......... : ...................... .' ................................. ~

4.4. Duty to Mitigate ......... ~ ... -~ ...................................................................... ~

4.5. Proper Operation and Maintenance

4.6. Permit ,l\ctions ................................................................. _ .......................... _

4.7. Property Rights ............................................................................................. ~ ......... .- ...... ~ ..... ~

4.8. Duty to Provide lnformation .................................... ~ ....................................................................... 28.·

4.9. ·I-nspection and Entry ............................................................................. -........ _ ......................... :

4.10. Monitoring and Records-Representative Sampling

4.11. Monitoring and Records-Retention of Records .................................................................. ~ .. ~

4.12. Monitoring and -Records-Records Contents ..... .-.......................................................................... 29 _

4.13. Mo"nitoring and Records-Test Procedures

4.14. Monitoring and Records....:.. Falsification and Tampering ....................... :~

4.15. Signatory Requirement .............................................................................. ~

4.16. Reporting Requirements-Planned Changes .......................... ; ...... ; ................. ;

A.17. Reporting Requirements-Anticipated Noncompliance ;

4.18. Reporting Requirements-Transfers

4.19. Reporting Requirements-Monitoring Reports ......................................... -

4.20. Reporting Requirements-Compliance Schedules

H-6

4.21. Reporting Requirements~ Twenty-four Hour Reporting .....................•

4.22. Reporting Requirements-Other Noncompliance ................. :

4.23. Reporting Requirements-Other Information

4.24. Bypass .... · .... : ............................ ~·-·················•···························~······························· ························32

4.25. Upset

4.26. Fees ...........................................................................................................................................•... ~-33

5. DEF.INITIONS AND ABBREVIATIONS

5.1. General Definitions and Abbreviations ......................................................................................• 35

H-7

PREAMBLE-

Permit No. MTR100000

The purpose of this Preamble is to provide the construction project "owner or operator" (permittee) who submits a Notice of lnt~nt Package for a "storm water discharge associated with construction activity" under the "General Permit for Storm Water Discharges Associated with Construction Activity". (permit) with a summary of the requirements of this .permit.

The basic principle of the permit is to identify pollutant sources associated with construction activities and install and maintain Best Management Practices (BMPs) to reduce the potential discharge of pollutants from the construction project. The degree of pollution control necessary -will vary depending on the site and the associated construction activity, but the BMPs and pollution control measures must collectively prevent exceedances of applicable water quality standards in state surface waters. ·

The primary potential pollutant from construction activities is sediment. Adequate erosion and sediment control BMPs must be used to minimize or prevent sediment discharges from the construction activity to state surface waters.

Other potential pollutants likely to be a problem at sites are fuels, lubricating oils, construction materials, various wastes, fertilizers, or pesticides. Proper management of these materials is essential to ensure potential pollutants are not discharged from the construction activity to -state surface waters.

In _ order to achieve compliance with the conditions of this permit, the permittee is required to address the effluent limitations in Part 2 by developing a Storm Water Pollution Prevention Plan (SWPPP) as described in Part 3. The SWPPP must clearly address the effluent limitations and the selected Best Management Practices to be used to manage pollutanf sources and ensure appropriate protection of state surface waters.

_-The permit requires that the site reach "final stabilization" before permit coverage -may be terminated. In Montana's semi-arid climate, the time necessary to achieve this "final stabilization" often requires permit coverage well beyond the conventional earthwork and facility construction phase to ensure vegetation or other site stabilization measures are in-place.

Coverage under this permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.

H-8

1.· COVERAGE UNDER THIS PERMIT ·

1.1. Eligibility

1.1.1. Construction Activities Covered

This Permit applies to all areas ofthe State of Montana, except for Indian Reservations. This permit applies to "storm water discharge associated with construction activity," as defined in ARM 17 .30. 11 02 (28) and Part 5 of this permit.

A "storm water discharge associated with construction activity" regulated under this permit is determined· by meeting both of the following two criteria: ·

• . There are areas of ground disturbance or other potential pollutant sources due to the construction activity where a storm water discharge to state surface waters can occur.

• . The construction activity has a total area of ground disturbance through clearing, excavating, grading, or placemenVremoval of earth material which is equ·al to or greater than one acre. The "total area" must include all areas which are part of a "larger common plan of development or sale", as defined in Part 5 of this permit.

Determination of the acreage of disturbance does not typically include disturbance for routine . maintenance activities on existing roads where the line and grade of the road is not being altered, nor does it include the paving of existing roads.

In determining the above potential for a "storm water discharge associated with construction activity" based on the acreage of ground disturbance and discharge potential to state surface waters, additional factors the permittee must consider can include the following:

• all potential drainage/discharge conditions and flow patterns, and their variation during the different phases of the construction activity;

• all -potential rainfall or snowmelt events and their _unpredictability over time (such as experiencing a relatively higher rainfall or snowmelt amount in a relatively shorter time period);

• support activities for the construction project which may be on or off the conventional construction project "site" (as defined in Part 5 of this permit);

• storm water discharges must typically be regulated beyond the conventional construction earthwork and building phases, lasting from the initiation ·of construction-related ground disturbance to "final stabilization" (as defined in Part 5 of this permit) of that disturbance, which can sometimes take significant extra time to achieve;

• the term "state surface waters" ("surface waters" is defined in Part 5 of this permit) includes more than just the conventionally-recognized perennial (year-round) or · seasonal waterbodies, as the term can typically include most swales, coulees, gulches, ditches, and other channels when water is flowing in them, resulting in a higher and likely discharge potential to state surface waters from the site regardless of location; · and

• storm water which discharges into a drain inlet and/or storm sewer system from the site is regulated as a discharge to state surface waters if the inlet or system itself ultimately discharges into a state surface water. ·

Support activities can include, but are not limited to, areas used for access-related work, earth material borrow areas, equipment staging areas, materials storage areas, temporary concrete or asphalt batch plants, and any areas used for fi ll placement. For storm water discharges from

H-9 support activities to be covered under this permit for a particular construction activity permit authorization, such support activities must:

• Not be part of a larger commercial operation serving multiple unrelated construction activities, and not continue operation beyond the completion of the particular construction activity; and _

• Have appropriate controls and measures identified for the particular support activity, including required documentation, in the Storm Water Pollution Prevention Plan (SWPPP) required in Part 3 of this permit.

1.1.2. Allowable Storm Water Discharges

Unless otherwise made ineligible through the provisions in Part 1.1.3. below, the following discharges· are eligible for coverage under.this permit:.

• Storm water discharges associated with construction activity as defined in ARM 17.30.'11 02(28) and Part 5 of this permit.

• Discharges that are not otherwise required to obtain MPDES permit authorization but are commingled with discharges that are regulated under this permit;

1.1.3. Allowable Non-Storm Water Discharges

The following are non-storm water discharges allowed under this permit:

• · Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids; ·

• Irrigation drainage;

• Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance- with the approved labeling;

• Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed);

• Routine external building wash down that does not use detergents;

• Uncontaminated ground water or spring water;

• Water used to control dust;

• Discharges from emergency fire-fighting activities;

-• Foundation or footing drains where flows are not contaminated with -process materials;

and

• Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g:, "piped" cooling tower blowdown or drains).

1.1.4. Limitations on Coverage

The following discharg~s are not eligible for coverage under this permit:

~ Storm water discharges that are mixed with non-storm water, other than those non-storm water discharges listed in Part 1.1 . 3.;

• Discharges which the Department determines have a reasonable potential to cause, or contribute to, an exceedance of any applicable water quality standard, and the Department has determined authorization under a MPDES Individual Permit is required;

or

H-10

· • Discharges which are subject to MPDES permitting under a different MPDES permit. If the proper MPDES authorization for these discharges has been obtained, then storm water authorized under this permit may be mixed with the oth~r authorized discharge(s) provided that the mixed discharge is in compliance with all pertinent permit requirements.

1.2.. Authorization under this Permit

An "owner or operator'' (as defined in 75-5-103(25), MCA) of a "storm water discharge associated with construction activity" (as defined in ARM 17.30.11 02(28)) is required to obtain authorization under an MPDES permit. In this permit, the "owner or operator" is also identified as the "permittee". ·

A Notice of Intent (NOI) process is used for an owner or operator to obtain authorization to discharge under this permit. Through the submittal of an NOI,the owner or operator acknowledges eligibility for coverage under this permit and agrees to comply with the conditions of this perm it.

1.2.1. New Authorizations (Not Previously Authorized)

Owners or operators can obtain first-time coverage under this permit by submitting a complete Notice of Intent (NOJ) Package to the Department.

The complete NOI Package consists of:

• A completed NOI form using the standard NOI form provided by the Department;

• A separate SWPPP, including all associated maps, diagrams, details, and plans, which has been completed in accordance with the requirements identified in Part 3 of this permit; and

• . The appropriate "application fee" for the NOI as required by ARM 17.30.201.

A signed and complete NOI form, a signed and complete SWPPP, and the required fee mustbe submitted at the same time to the following address:

Department of Environmental Quality Water Protection Bureau P.O: Box 200901 Helena, MT 59620-0901

Upon receipt of the NOI Package by the Department, it is stamped with the date of receipt. The Department then performs a check to ensure the NOI Form is complete, that a signed SWPPP is attached, and that the required fee is submitted. If the NOI Package is determined to be complete, authorization is effective upon the date it was stamped as received (based upon 75-5- 401(1)(c), MCA), and the Department issues a Confirmation of Receipt letter to the permittee. If the NOI Package is incomplete, the Department provides notification as to what the deficiencies are, and permit authorization does not become effective under this permit until the deficiencies are addressed and the Department subsequently receives the complete NOI Package.

1.2.2. Continuing Authorizations Issued Before This Permit's 2013 Effective Date

For permittees authorized under the 2007-2011 permit which require continued authorization beyond the December 31, 2011, expiration date, or for permittees which submitted new complete NOI Packages after the December 31, 2011 expiration date and before the effective

H-11 date ofthis reissued 2013-2017 permit, these permittees will be required to submit a new NOI form to the Department for coverage under the reissued 2013-2017 permit.

Until the effective date of this reissued 2013-2017 permit, permit authorizations for these

.-existing permittees are administratively continued under the conditions and requirements of the preceding 2007-2011 permit in accordance with ARM 17.30.1313. These permittees will be

· responsible for compliance with the requirements in the 2013-2017 permit upon its effective date, but until that time are responsible for compliance with the requirements under the 2007- 2011 permit. Upon the effective date of the 2013-2017 permit, these existing permittees will need to update the SWPPP as necessary. Prior SWPPPs can be used but must be updated to include the new requirements in this permit. These existing permittees are not required to submit the updated SWPPPs (based on the 2013-2017 permit) to the Department (unless specifically requested through Department inspections or otherwise).

1.2.3. Continuation of this 2013-2017 Permit Beyond the 2017 Expiration· Date If this 2013~2017 permit is not subsequently reissued or replaced before its expiration date, it will be administratively continued in accordance with ARM 17.30.1313 and remain in force and effect. If the permittee was authorized to discharge under this permit before the expiration date, any discharges authorized under this permit will automatically remain covered by this permit until the earliest of: ·

• The authorization for coverage under a reissued permit or a replacement of this permit following the timely and appropriate submittal of a complete NOI for authorization to · discharge under the new permit and compliance with the requirements of the new permit; or

• The submittal of a Notice of Termination; or

• - Issuance or denial of an individual permit for the construction activity's discharges; or

• A formal permit decision by the Department not to reissue this permit, at which time the

Department will identify a reasonable time period for covered dischargers to seek coverage under an alternative MPDES general permit or an individual permit.

1.2.4. Modification to NO Is

Based on.ARM 17.30.201(6)(1) and the associated Schedule I.D., modifications to authorizations under this permit are processed as "minor modifications'' with the corresponding fee if the modification request is submitted within six months of the date of issuance of the authorization .

(which is the date the Department receives a complete NOI Package). If the modification request (other than a ownership/name change using the PTN form described in Part 1.4. of this permit) is submitted six months or more after the date of issuance of the authorization, the modification will be processed under Schedule I.C. as a new permit application.

A permittee may not modify the NOI to add additional construction..,related disturbance area(s) unless the new additional construction-related disturbance is directly contiguous to and directly associated with the original site, except for ~upport activities.

1-.3. Termination of Coverage under This Permit

Where a site has achieved "final stabilization", as defined in ARM 17.30.1102(5) and Part 5 of this permit, the permittee must submit an appropriately signed and complete Notice of Termination (NOT) form, using the standard Department form. The NOT form must be sent to the following address:

H-12

Department of Environmental Quality Water Protection Bureau P. 0. Box 200901 Helena, MT 59620-0901

Permit No. MTR100000

Before ·submitting the NOT form to terminate coverage under this permit, in addition to achieving final stabilization, ~he following must have also occurred:

• removal of temporary storm water conveyances/channels and other temporary storm water control measures and/or BMPs

• removal of construction equipment and vehicles, and

• cessation of any potential pollutant-generating activities due to the construction activity.

Coverage under the permit remains in effect until the Department processes a NOT or PTN form . (see Part 1.4. of this permit). The permittee is responsible for payment of annual fees for each calendar year in which the source is covered under the permit. The permittee is responsible for complying with the terms of this permit until notified by the Department that the authorization is terminated. Failure to submit a NOT will result in accrual of annual permit fees until this has been received by the Department. ·

If an individual MPDE;S permit is issued to an owner or operator for discharges which would otherwise be subject to this permit, coverage under this permit is terminated on the effective date of the individual MPDES permit.

1.4. Transfer of Coverage under this Permit

The Department has a standard Permit Transfer Notification (PTN) form. This form is to be utilized to request "minor modifications" for a transfer of ownership or a change in the name of the entity that holds an authorization under this permit. This form must be submitted at least 30 days before the effective date of the proposed transfer and. constitutes written notice to the Department under the Montana Water Quality Act that the new "owner or operator'' assumes responsibility and liability for an the terms and conditions in the permit, including permit fees.

This PTN form may not be used to transfer permit coverage to ·a new or different site, construction activity or location, or modify the terms and conditions of the discharge permit.

Until a determination is made on the submitted PTN form, the "owner or operator" of record remains responsible for compliance with the terms of the authorization under this permit, including fees and/or violations.

1.5. Storm Water Rainfall Erosivity Waiver Form ·

Through the authority ·of ARM 17.30.11.05(5)(a}, there is an option for owners or operators of construction activities with less than five total acres of ground disturbance to use a "Storm Water Rainfall Erosivity Waiver Form" instead of obtaining coverage under this permit, but very few construction projects typically qualify for this waiver.

For further information about the "Storm Water Rainfall Erosivity Waiver Form" and it's limitations, please visit the Department's storm water construction webpage through the Department's website at: http://www.deq.mt.gov.

H-13

Page 11 of37

2~- EFFLUENT LIMITATIONS AND MONITORING AND

REPORTING REQUIREMENTS.·

2.1. Non-Numeric Technology-Based Effluent Limits

Permittees must achieve, at a minimum, the following technology-based effluent limitations through the development and implementation of the SWPPP and Best Management Practices (BMPs) required in Part 3 of this permit. The requirements in Part 2.1. of this permit apply in addition to any other state or local requirements, regardless of whether they are more or less stringent. ·· ·

2.1.1. Erosion and Sediment Controls

Design, install, and maintain effective erosion and sediment controls to minimize the discharge of potential pollutants. At a minimum, such controls must be designed, installed and maintained to:

• Control storm water volume an~ velocity within the site to minimize soil erosion;

• Control storm water discharges, including both peak flow rates and total storm water volume, to minimize erosion at outlets and to minimize downstream channel and streambank erosion;

• Minimize the amount of soil exposed during construction activity;

• Minimize the disturbance of steep slopes with grades of 15 percent or greater;

• Minimize sediment discharges from the site (the design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting storm water runoff, and soil characteristics, including the range of soil particle sizes expected to be. present on the site); · · ·

· • Provide and maintain natural buffers around state surface waters, direct storm water to veg~tated areas to increase sediment removal and maximize storm water infiltration, unless infeasible; and

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

2.1.2. Soil Stabilization

Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days.

2.1.3. Dewatering

Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited under this permit unless managed by appropriate controls and only if the discharge is not into state surface waters. For those construction dewatering activities which discharge to state surface waters, these discharges cannot be authorized by this particular MPDES permit, but can be authorized under another MPDES permit (typically the MPDES "General Permit for Construction Dewatering," Permit Number MTG070000).

2.1.4. · Pollution Prevention Measures Design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to meet the three requirements below. ·

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• Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters, unless the discharg~ has an outright prohibition in Part

2.1.5. of this permit Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment before discharge. Wash waters discharged under this permit must not contain soaps, detergents, or solvents.

• Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to storm water.

• Minimize .the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. Bulk storage structures for petroleum products and any other chemicals must have secondary C?Ontainment or equivalent adequate protection so as to contain spills and prevent any spilled material from entering state surface waters. ·

2.1.5. Prohibited Discharges

The ·following discharges are prohibited:

• Wastewater from washout of concrete, unless managed by an appropriate control;

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

• Fuels, oils, or other potential pollutants used in vehicle and equipment operation and maintenance; and

• Soaps or solvents. used in vehicle and equipment washing.

2.1.6. Surface Outlets

When discharging from basins and impoundments, outlet structures must be utilized that withdraw water from the surface, unless infeasible.

2.2. Water Quality-Based Effluent Limitations

2.2.1. Water Quality Standards

Storm water discharges regulated under this permit must be controlled as necessary to meet applicable water quality standards. A storm water discharge associated with construction activity may not cause or contribute to an exceedance of applicable water quality standards.

lfat any time the permittee becomes aware, or the Department determines, that a storm water discharge causes or contributes to an exceedance of applicable water quality standards, the permittee must_ take corrective action as required in Part 2.4. of this permit

Additionally, the Department may require the permittee to 'obtain coverage under an individual permit; if information indicates the discharges are not controlled as . necessary to meet applicable water quality standards.

2.2.2. Discharges to Water Quality Impaired Waters

For regulated storm water discharges associated with construction activity under this permit, the SWPPP and associated BMPs must be developed and implemented to ensure the pollutants of concern for an impaired waterbody are addressed as appli~able, as stated in Part 3.11. of this permit.

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2.2.3. Consistency with Total Maximum Daily Load-Based Waste Load Allocations If a Total Maximum Daily Load (TMDL) has been approved for any impaired waterbody into which the permittee discharges storm water, and the TMDL considered and addressed MPDES regulated storm water discharges, then the Department must incorporate the Waste Load Allocation (yVLA), as applicable, into the discharge permit, as required by 75-5-703, MCA. For a WLA pertaining to an authorization under this permit, compliance with the conditions and requirements in this permit is typically considered adequate in meeting the WLA, unless otherwise notified by the Department.

2.3. Inspections

Inspections must be performed by a SWPPP Administrator as defined in Part 3.2. of this permit.

Site inspections are to be conducted during the construction project's normal working hours and the inspection schedule must be documented in the SWPPP. Site inspections must be performed in accordance with one of the two schedules listed below in Parts 2.3.1. or 2.3.2., unless subject to the schedule in Part 2.3.3. The initial SWPPP submitted with the NOI Package must specify which inspection schedule will be utilized (either Part 2.3.1. or 2.3.2.), and this inspection schedule must be used until final stabilization is achieved for all areas of the construction activity, except for any temporary reduced inspection schedule as allowed in Part · i3.3. The permittee cannot switch between the inspection schedule options in Parts 2.3.1. and

2.3.2. during the life of the permit authorization.

2.3.1. Weekly Routine Inspections

A SWPPP Administrator must, at a minimum, conduct a routine inspection at least once every 7 calendar. days.

2.3.2. Biweekly Routine and Post-Storm Event ln,spections

A SWPPP Administrator must, at a minimum, conduct a routine inspection at least once every 14 calendar days, and a post-storm event inspection must be conducted by a SWPPP Administrator within 24 hours of the end of a rainfall event of 0.25 inches or greater, and within 24 hours of snowmelt due to thawing conditions which causes visible surface erosion at the site.

When a post-storm event inspection occurs, this can be credited as a biweekly routine inspection, but the biweekly routine inspections must commence again no later than 14 calendar days after the last post-storm event inspection.

2.3.3. Reductions In Inspection Frequency

The normal selected inspection schedule stated in Part 2.3.1. or 2.3.2. may be temporarily reduced to a routine inspection·every 30 calendar days only if one of the following conditions exists:

• The construction activity at the site is temporarily inactive or shutdown and all areas of disturbance have achieved "temporary stabilization" as defined in Part 5 of the permit; or

• · After the permittee has completed earthwork and construction activities at the site and has installed the SWPPP erosion · and sediment BMPs necessary to establish final stabilization at a later date;

In either case, all sediment and erosion BMPs must be in place as identified in the SWPPP.

The· inspection schedule must be documented in the SWPPP.

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2.3.4. Inspection Requirements

All inspections conducted under Parts 2.3.1., 2.3~2 . , and 2.3.3. of this permit must comply with the inspection requirements in Part 2.3.4.

At the construction activity site, inspections must assess site conditions, identify potential pollutant sources (based on Part 3.6. · of the General Permit), and ensure adequate BMPs (based on Part 3.7.· of the General Permit). Given these criteria, the site must be .inspected for indications of potential pollutants leaving the site boundaries, entering the storm water drainage system, or discharging to state surface waters. Through inspections, all BMPs identified in the SWPPP must be evaluated to ensure that they are maintained and operating correctly based on the identified potential pollutant sources in the SWPPP. Inspection scope and areas of prioritization will vary depending on the particular construction activity site and· SWPPP.

Construction activity areas which must be inspected include:

• site perimeter;

• all areas disturbed by construction activity;

• BMPs;

• material and/or waste storage areas that are exposed to rainfall or snowmelt;

• discharge locations;

• vehicle/equipment management areas;

• other construction ~ctivity support areas;

• . locations where vehicles access the site; and

• other areas where potential pollutants may be generated.

Inspection records must be maintained on-site as required by Part 2.5. The primary SWPPP Administrator must keep a record of inspections. Inspection records must be retained for three years from expiration or termination of permit coverage. At a minimum, the inspection report must include: ·

• The type of inspection (based on Parts 2.3.1., 2.3.2., and 2.3.3.);

• The inspection date and time;

• Name(s) and title(s) of the SWPPP Administrator(s) making the inspection;

• Weather and ground conditions during the inspection, including an· indication of whether storm water runoff is occurring and whether the ground is frozen;

• Location(s) and description of discharges of sediment or other potential pollutants from the site;

• Location(s) and description of BMPs that ryeed to be maintained (also see Part 2.3.5.);

• Location(s) and description of BMPs that failed to operate as designed or proved inadequate for a specific location (also see Part 2.3.5.);

• Location(s) and descriptions where additional BMPs are needed that were not in place at the time of inspection; · ·

• Deviations from the minimum inspection schedule as provided in Parts 2.3.1., 2.3.2., and

2.3.3. of this permit;

• Description of corrective action taken for items identified in bullets five through eight in this bulleted list, respective dates for the corrective action(s) taken for each, and respective measures taken to prevent future recurrences for each (including consequent

· changes to the SWPPP);

• Identify any incidents of noncompliance with the-requirements of this permit; and

• Each inspection report must be signed and certified by a SWPPP Administrator based on the requirements in Part 4.15. of this permit.

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Maintenance, repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Part 2.3.5. of this permit. ·

2.3.5. BMP Maintenance, Replacement, and Failures

All BMPs identified in the SWPPP must be maintained in effective operating condition. Proper selection and installation of BMPs, and implementation of comprehensive inspection and maintenance procedures, in accordance with the SWPPP, is important to ensure compliance with this permit. BMPs that are not adequately maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no·longer operating effectively. If site inspections identify BMPs which are not in effective operating condition, maintenance must be performed before the next storm event, to maintain effectiveness.

If existing BMPs need to be modified, or if additional BMPs are necessary for any reason, implementation of these additional measures must be completed before the next storm event.

All changes in the design, implementation, or installation of erosion ·and.sediment control or other BMPs must be documented where applicable in the SWPPP. SWPPP changes must also be summarized · in a SWPPP Revision/Update Log as required in Part 3.12.2. of this permit.

2.4. Corrective Actions

Corrective actions are any actions a SWPPP Administrator takes to:

• Repair, modify, or replace any storm water control used at the site;

• Clean up and dispose of spills, · releases, and other deposits found on the site; and

• Remedy a permit violation or noncompliance.

If any of the following conditions occur, a SWPPP Administrator must review and revise the selection, design, installation, implementation, and maintenance of BMPs to ensure the condition is eliminated and will not be repeated in the future.

• An unauthorized release or discharge (e.g., spill, leak, or discharge of non-storm water not authorized by this or another MPDES permit) occurs at the site;

• A SWPPP Administrator or the Department determines that the BMPs are not stringent enough for the discharge as it causes or contributes to an exceedance of applicable water quality standards;

• A SWPPP Administrator or the Department determines that modifications to the BMPs are necessary to meet the non-numeric effluent limits in Part 2.1. of this permit;

• A SWPPP Administrator or the Department determines that the BMPs are not properly · designed, installed, operated, and/or maintained; or

• A failure of erosion or sediment controls that results in sediment, solids, or other wastes

· being lost or discharged from the site. Upon identification of sediment, solids, or other wastes lost or discharged from the site, the material must be cleaned up and placed back on site, or otherwise_ disposed of in an acceptable manner.

A SWPPP Administrator must document the completed corrective actions in the corresponding inspection report and document any new or additional BMPs in the SWPPP Revision/Update Log as required in Part 3.12.2. of this permit. ·

2.5. Recordkeeping

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At the identified site, the primary SWPPP Administrator must retain:

• a copy of this permit;

• a copy of the completed and signed NOI form;

Permit No. MTR 100000

• a copy of the Department's Confirmation Letter for receipt of the complete NOI Package (after it is received by the permittee from the Department);

• a copy of the latest up-to-date and signed SWPPP;

• BMP installation and design standards for all BMPs installed and detailed in the SWPPP;

• SWPPP Administrator(s) documentation under Part 3.2. of this permit;

• SWPPP Administrator Delegation Form;

• SW PPP Revision/Update Log as required under Part 3.12.2.;

• all inspection records required under Part 2.3. of this permit; and

• all reports of noncompliance under Part 4 of this permit. ·

These documents are to be made available at the site immediately upon request from a Department representative, EPA official, or local official.

2.6. Reporting

2.6.1. Notification of Primary SWPPP Administrator Changes .

The permittee must-notify the Department in writing of any change of the designated Primary SWPPP Administrator person/position, mailing address·, and/or telephone number (as identified on the NOI form) within 15 calendar days of this change. '

2.6.2. Noncompliance Reporting

Any instance of noncompliance must be reported to the Department as required by Part 4.21. of the permit.

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3. SPECIAL CONDITIONS - Storm Water Pollution Prevention Plan (SWPPP)

3.1. SWPPP- General Requirements

3.1.1. The SWPPP must be developed and implemented in accordance with good engineering, hydrologic, and pollution control practices.

3.1.2. The SWPPP must meet the following general objectives:

• Identify and describe site characteristics which affect storm water discharges and the transport of potential pollutants with respectto the particular construction activity;

. • Identify and describe all potential pollutant sources which may affeCt the quality of storm water discharges associated with the construction activity;

• Identify and describe the BMPs to be used to -reduce potential pollutants in storm water discharges associated with the construction activity and to ensure compliance with the effluent limitations in this permit;

•…