Book_2_IFB_Suiattle.pdf

RGP-8 Attachment A Categories of Authorized Activities conservation measures) if projects do not meet the intended goals.

m). If other aquatic restoration activities are used as complementary actions, follow the associated design criteria and conservation measures.

Conservation Measures - Along with the general conservation measures summarized at the end of this section, the following conservation measures will be used to minimize sediment and turbidity and the effects of fish handling/transport:

1. Isolate construction area and remove fish from project area. Fish shall be removed from project area (see fish capture guidelines below).

2. Dewater Construction Site – Upstream of the isolated construction area, coffer dams (diversions) constructed with non-erosive materials are typically used to divert stream flow with pumps or a by-pass culvert. Diversions constructed with material mined from the streambed or floodplain are not permitted. Pumps must have fish screens and be operated in accordance with NMFS fish screen criteria. Dissipate flow energy at the bypass outflow to prevent damage to riparian vegetation or stream channel. If diversion allows for downstream fish passage, (i.e., is not screened), place diversion outlet in a location to promote safe reentry of fish into the stream channel, preferably into pool habitat with cover. When necessary, pump seepage water from the de-watered work area to a temporary storage and treatment site or into upland areas and allow water to filter through vegetation prior to reentering the stream channel.

3. Stream Re-Watering – Upon project completion, slowly re-water the construction site to prevent loss of surface water downstream as the construction site streambed absorbs water and to prevent a sudden increase in stream turbidity. Monitor downstream during re-watering to prevent stranding of aquatic organisms below the construction site

4. Fish Handling – If capture, removal, and relocation of fish are required, follow these steps:

a). All fish capture, removal, and handling activities shall be conducted by an experienced fisheries biologist or technician.

b). Isolate capture area – Install block nets at upstream and downstream locations and leave in a secured position to preclude fish from entering the project area. Leave nets secured to the stream channel bed and banks until fish capture and transport activities are complete. If block nets or traps remain in place more than one day, monitor the nets and or traps at least on a daily basis to ensure they are secured to the banks and free of organic accumulation and to minimize fish predation in the trap.

c). Fish Capture Options

1. Collect fish by hand or dip nets, as the area is slowly dewatered.

2. Seining – Use seine with mesh of such a size to ensure capture of the residing ESA-listed fish.

3. Minnow traps – Traps will be left in place overnight and in conjunction with seining

4. Electrofishing – Prior to dewatering, use electrofishing only where other means of fish capture may not be feasible or effective. The protocol for electrofishing includes the following:

a). If fish are observed spawning during the in-water work period, electrofishing shall not be conducted in the vicinity of spawning adult fish or active redds.

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Permits Project: WA FS ERFO 071-2023, Suiattle River Road MP 6.0 – MP 14.4 Combined Projects b). Only Direct Current (DC) or Pulsed Direct Current (PDC) shall be used.

c). Conductivity <100 use voltage ranges from 900 to 1100. Conductivity from 100 to 300 then use voltage ranges from 500 to 800. Conductivity greater than 300 then use voltage to 400.

d). Begin electrofishing with minimum pulse width and recommended voltage and then gradually increase to the point where fish are immobilized and captured. Turn off current once fish are immobilized.

e). Do not allow fish to come into contact with anode. Do not electrofish an area for an extended period of time. Remove fish immediately from water and handle as described below. Dark bands on the fish indicate injury, suggesting a reduction in voltage and pulse width and longer recovery time.

5. Handling and Release –Fish must be handled with extreme care and kept in water for the maximum extent possible during transfer procedures. A healthy environment for the stressed fish shall be provided—large buckets (five-gallon minimum to prevent overcrowding) and minimal handling of fish. Place larger fish in buckets separate from smaller prey-sized fish. Monitor water temperature in buckets and well-being of captured fish. As rapidly as possible (especially for temperature-sensitive bull trout), but after fish have recovered, release fish upstream of the isolated reach in a pool or other area that provides cover and flow refuge. Document all fish injuries or mortalities and include in annual report.

Excluded Activities The proposed action for this programmatic consultation does not include the use of treated wood in replacement bridges. When installing bridges, piers and abutments will not occur in the bankfull width. Replacing culverts using baffles or weirs (hydraulic method) is not covered by this Opinion.

8. Floodplain Overburden Removal

Description - To remove anthropogenic overburden and fill such as dredged mine tailings, railroad beds, dikes, berms, levees, and other fill types from floodplains to restore natural floodplain functions. Such functions include overland flow during high-water events, dissipation of flood energy, increased water storage to augment low flows, sediment and debris deposition, growth of riparian vegetation, nutrient cycling, and development of side channels and alcoves.

Construction would involve use of heavy equipment, such as excavators, earthmovers, scrapers, backhoes, front-end loaders, dump trucks, and bulldozers.

Design Criteria

1. Create floodplain characteristics in elevation, width, gradient, length, and roughness shall closely mimic those that would naturally occur at that stream and valley type.

2. Overburden or fill comprised of native materials which originated from the project area, may be used to reshape the floodplain, placed in small mounds on the floodplain, used to fill anthropogenic holes, buried on site, or disposed into upland areas.

3. To the greatest degree practicable, non-native fill material originating from outside the project area shall be removed from the floodplain to an upland site.

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4. Where it is not possible to remove all portions of dikes and berms, place culverts through or remove portions of such structures to pass high flows, bankfull or greater, into floodplain areas.

The width of a breach should be equal to or greater than the bankfull width of the stream.

Breaches should be located at a depositional area of the channel. Design for proper number and location of breach sites to help prevent fish stranding as high flows recede.

5. Conduct a contaminant survey for mine tailing removal projects prior to project implantation.

If contaminants are found above levels set by the Environmental Protection Agency, a separate consultation is required.

6. Consider decompaction of soils once overburden material is removed. If other aquatic restoration activities are used as complementary actions, follow the associated design criteria and conservation measures.

Conservation Measures - No additional conservation measures are proposed for this activity category.

Excluded Activities - No excluded activities are proposed for this activity category.

9. Reduction of Recreation Impacts

Description - To close or better control recreation use along streams and within riparian areas.

This includes removal of designated campgrounds, dispersed camp sites, and foot trails as well as decommissioning of off-road vehicle (ORV) trails in riparian areas. Dispersed and developed campground restoration usually includes some or all of the following: Stream bank restoration;

placing rock or other barriers such as fences to block vehicle access; gravel surfacing to designate access routes and parking; ripping or sub-soiling sites to remove compaction; planting shrubs and trees to restore streamside, floodplain and meadow vegetation; clearing new sites to provide for displaced use or projected new use and relocating recreation sites outside of riparian areas; reducing or clearing noxious weeds; hardening stream access sites. Construction would involve use of heavy equipment, such as excavators, earthmovers, scrapers, backhoes, front-end loaders, dump trucks, and bulldozers.

Design Criteria

1. Design remedial actions to restore floodplain characteristics. Elevation, width, gradient, length, and roughness shall closely mimic those that would naturally occur in that stream and valley type.

2. Overburden or fill comprised of native materials which originated from the project area may be used to reshape the floodplain, placed in small mounds on the floodplain, used to fill anthropogenic holes, buried on site, and/or disposed into upland areas.

3. To the greatest degree practicable, non-native fill material originating from outside the project

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4. Consider decompaction of soils once overburden material is removed.

5. Place barriers-boulders, fences, gates, etc-outside of the bankfull width and across traffic routes to prevent ORV access into and across streams.

Conservation Measures - No additional conservation measures are proposed for this activity category.

Excluded Activities - No excluded activities are proposed for this activity category.

10. Road Treatments

Description - Decommissioning or obliteration of roads to restore watershed function. This activity includes road decommissioning, from simple closures to more complex road obliterations, with an overall goal of restoring hydrologic functions. This category also includes stormproofing roads intended to remain open (hydrologically disconnecting such roads from watershed streams). Associated benefits include the following: Eliminating or reducing erosion and mass-wasting hazards associated with roads; eliminating or reducing human access and use-disturbance associated impacts to aquatic systems. Actions such as bridge and culvert removal, removal of asphalt and gravel, subsoiling or ripping of road surfaces, outsloping, waterbarring, fill removal, sidecast pullback, re-vegetating with native species and placement of large woody material and/or boulders are included. Roadway barricading to exclude vehicular traffic is covered only if the overall road remediation project substantively addresses restoration of hydrologic function. For culvert removals on closed roads, limited cutting or removal of vegetation on the closed road-bed to access the culvert site may be required. Construction would involve use of heavy equipment, such as excavators, backhoes, front-end loaders, dump trucks, and bull dozers.

Design Criteria

1. For road removal projects within riparian areas, recontour the affected area to mimic natural floodplain contours and gradient to the greatest degree possible.

2. For those road segments immediately adjacent to the stream or where the road fill is near the wetted stream, consider using sediment control barriers between the project and the stream.

3. Drainage features should be spaced to hydrologically disconnect road surface runoff from stream channels.

4. Dispose of slide and waste material in stable sites out of the flood prone area. Waste material other than hardened surface material (asphalt, concrete, etc) may be used to restore natural or near-natural contours.

5. Minimize disturbance of existing vegetation in ditches and at stream crossings to the greatest

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6. Conduct activities during dry-field conditions – low to moderate soil moisture levels.

7. When removing a culvert from a first or second order, non-fishing bearing stream, project specialists shall determine if culvert removal should follow the isolation criteria as describe in Activity #7 above. Culvert removal on fish bearing streams shall adhere to the measures describe in #7 above.

8. For culvert removal projects, restore natural drainage patterns and when possible promote passage of all fish species and life stages present in the area. Evaluate channel incision risk and construct in-channel grade control structures when necessary.

9. If other aquatic restoration activities are used as complementary actions, follow the associated design criteria and conservation measures.

Conservation Measures - No additional conservation measures are proposed for this activity category.

Excluded Activities – This permit does not cover new road construction nor routine maintenance of existing roads.

11. Removal of Legacy Structures

Description - To remove large wood, boulders, rock gabions, and other in-channel structures that were constructed to improve fish habitat but were installed in a manner that was, and continues to be, inappropriate for the given stream type. Examples of such structures, which were installed in the 1980s and early 1990s, include boulder configurations in meadow streams, stair-step perpendicular log weirs, and rock gabions. These legacy structures typically resulted in widened stream channels, increased width/depth ratios, decreased sinuosity, and increased stream exposure to solar radiation. Removal of legacy structures would include the use of excavator-type machinery, spyders, backhoes, and dump trucks.

Design Criteria

1. If the structure being removed contains material (i.e., large wood, boulders, etc) not typically found within the stream or floodplain at that site, remove material from the 100-year floodplain.

2. If the structure being removed contains material (i.e., large wood, boulders, etc) that is typically found within the stream or floodplain at that site, the material can be reused to implement habitat improvements described under Large Wood, Boulder, and Gravel Placement activity category in this BA following design criteria for Large Wood, Boulder, and Gravel Placement activity category.

3. If the structure being removed is keyed into the bank, fill in “key” holes with native materials to restore contours of stream bank and floodplain. Compact the fill material adequately to

H-75 prevent washing out of the soil during over bank flooding. Do not mine material from the stream channel to fill in “key” holes. Bring in clean top soil, if necessary, to improve vegetation reestablishment.

4. When removal of buried (keyed) structures may result in significant disruption to riparian vegetation and/or the floodplain, consider using a chainsaw to extract the portion of log within the channel, leaving the buried sections within the streambank.

5. If the legacy structures (log, rock, or gabion weirs) were placed to provide grade control, evaluate the site for potential headcutting and incision due to structure removal. If headcutting and channel incision are likely to occur due to structure removal, additional measures must be taken to reduce these impacts (see grade control options described under Headcut Stabilization activity category).

6. If the structure is being removed because it has caused an over-widening of the channel, restoration measures (LW, Boulder, and Gravel Placement activity category) may be implemented to decrease the width to depth ratio of the stream at that location to a level commensurate with upstream and downstream (within the same channel type).

7. Protect riparian vegetation that has grown around legacy structures to the greatest degree possible.

8. If other aquatic restoration activities included in this BA are used as complementary actions, follow the associated design criteria and conservation measures.

Conservation Measures - No additional conservation measures are proposed for this activity category.

Excluded Activities - No excluded activities are proposed for this activity category.

12. Riparian Exclusion Fencing

Description - To construct and replace fences around riparian areas to restrict or eliminate human and livestock use to maintain or restore stream channel, riparian vegetation, and floodplain functions. Fence types can include the following: Permanent barbed-wire, high-tension, smooth-wire, let-down, electric, buck and pole, and other similar types. Fence construction may involve use of all-terrain vehicles, flatbed trucks, and manual and power tools.

Water gap or stream crossing construction may involve dump trucks and excavator-type equipment.

Design Criteria

1. Fence placement should allow for lateral movement of stream.

2. Minimize vegetation removal, especially potential large wood recruitment sources, when constructing fence lines.

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3. When constructing livestock crossings and water gaps, use the following design criteria:

a). Locate crossings or water gaps where stream banks are naturally low.

b). When possible, crossings and gaps should not be constructed within known or suspected spawning areas (e.g. pool tailouts where spawning may occur).

c). Fences at stream crossings and water gaps should not inhibit upstream or downstream movement of fish or significantly impede bedload movement. Where appropriate, construct fences at water gaps as to allow passage of large wood and other debris.

d). If necessary, the stream bank and approach lanes can be stabilized with native vegetation and angular rock to reduce chronic sedimentation. The stream crossing or water gap should be armored with cobble-size rock, and use angular rock if natural substrate is not of adequate size.

e). Livestock crossings or water gaps must not be located in areas where compaction or other damage can occur to sensitive soils and vegetation (e.g., wetlands) due to congregating livestock.

f). The maximum width of a water gap or stream crossings should be no less than 10 feet and no more than 20 feet in the upstream-downstream direction g). When using pressure treated lumber for fence posts only, complete all cutting/drilling offsite so that treated wood chips and debris do not enter water or flood prone areas.

4. If other aquatic restoration activities are used as complementary actions, follow the associated design criteria and conservation measures.

Conservation Measures - No additional conservation measures are proposed for this activity category.

Excluded Activities - Riparian fencing is not to be use to create livestock handling facilities or riparian pastures

13. Riparian Juniper Treatment

Description - The Action Agencies propose to fell juniper trees occurring in riparian and associated uplands to help restore natural plant species composition and structure that would occur under natural fire regimes. The associated benefits to aquatic and riparian environments include the following: Reduction of soil erosion into stream channels; increased frequencies and diversity of herbaceous, shrub, and tree species; increased bank stability and stream nutrients.

Associated uplands include those areas where juniper stands are creating or will create conditions that result in lost ground cover and increased sedimentation into stream channels;

upland treatments would only be covered if those treatments directly benefit the aquatic environment. Treatments will emphasize the removal of junipers above natural stocking levels.

Equipment may include the use of feller-buncher type equipment, slash-buster, chainsaws, winch machinery, or prescribed fire.

Design Criteria

1. Do not cut old-growth juniper, which typically has several of the following features: sparse

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2. On steep or south-facing slopes, where ground vegetation is sparse, leave felled juniper in sufficient quantities to promote reestablishment of vegetation and prevent erosion.

3. If seeding is a part of the action, consider whether seeding would be most appropriate before or after juniper treatment.

4. Where appropriate, move cut juniper stems into the stream channel and floodplain to provide aquatic benefits. Juniper can be felled or placed into the stream to promote channel aggradations as long as such actions do not obstruct fish movement, cover spawning gravels of ESA-listed fish or increase width to depth ratios.

5. When using feller-buncher and slash-buster equipment, operate equipment in a manner that minimizes soil compaction and disturbance to soils and desired native vegetation to the greatest degree possible. Equipment exclusion areas (buffer area along stream channels) should be as wide as the feller-buncher or slash-buster arm.

6. If other aquatic restoration activities are used as complementary actions, follow the associated design criteria and conservation measures.

Conservation Measures - No additional conservation measures are proposed for this activity category.

Excluded Activities - The placement of juniper in streams where the action will preclude the channel from properly functioning or limiting the ability of stream to reach its natural sinuosity is not covered in this consultation.

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Construction General Permit (CGP)

National Pollutant Discharge Elimination System General Permit for Discharges from

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 construction activities (defined in Part 1.1.a and Appendix A) that meet the requirements of Part

1.1 of this National Pollutant Discharge Elimination System (NPDES) general permit, are authorized to discharge pollutants in accordance with the effluent limitations and conditions set forth herein. Permit coverage is required from the “commencement of earth-disturbing activities” (see Appendix A) until “final stabilization” (see Part 2.2).

This permit becomes effective on February 16, 2012. For the State of Idaho (except for Indian country), this permit becomes effective on April 9, 2012. For areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, this permit becomes effective on April 13, 2012. For projects located in the following areas, this permit becomes effective on May 9, 2012: Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

This permit and the authorization to discharge expire at midnight, February 16, 2017.

Signed and issued this 16th day of February, 2012

H. Curtis Spalding Regional Administrator, Region 1

Signed and issued this 16th day of February, 2012

John Filippelli Director, Division of Environmental Planning & Protection, Region 2

José C. Font Acting Division Director, Carribbean Environmental Protection Division, Region 2, Caribbean Office

Catherine A. Libertz Assistant Director, Water Protection Division, Region 3

James D. Giattina Director, Water Protection Division, Region 4

Signed and issued this 16th day of February and 9th day of May, 2012

Tinka G. Hyde Director, Water Division, Region 5

William K. Honker, P.E.

Acting Director, Water Quality Protection Division, Region 6

Karen Flournoy Director, Wetlands and Pesticides Division, Region 7

Melanie L. Pallman Acting Assistant Regional Administrator, Office of Partneships and Regulatory Assistance, Region 8

Nancy Woo Deputy Director, Water Division, Region 9

Signed and issued this 16th day of February and 9th day of April, 2012

Michael J. Lidgard Acting Director, Office of Water and Watersheds, Region 10

Signed and issued this 13th day of April, 2012

Christine Psyk Associate Director, Office of Water and Watersheds, Region 10

The signatures are for the permit conditions in Parts 1 through 9 and Appendices A through K.

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CONTENTS

1. HOW TO OBTAIN PERMIT COVERAGE UNDER THE CGP

1.1. ELIGIBILITY CONDITIONS REQUIRED OF ALL PROJECTS

1.2. ELIGIBILITY CONDITIONS THAT APPLY DEPENDING ON TYPE OF PROJECT

1.2.1. Eligibility for Emergency-Related Construction Activities

1.2.2. Water Quality Standards – Eligibility for New Sources

1.2.3. Discharging to Waters with High Water Quality – Eligibility for New

Sources

1.2.4. Use of Cationic Treatment Chemicals

1.3. Types of Discharges Authorized Under the CGP

1.4. SUBMITTING YOUR NOTICE OF INTENT (NOI)

1.4.1. How to Submit Your NOI

1.4.2. Deadlines for Submitting Your NOI and Your Official Date of Permit

Coverage

1.4.3. Your Official End Date of Permit Coverage

1.4.4. Continuation of Coverage for Existing Permittees After the Permit Expires

1.4.5. Procedures for Denial of Coverage

1.5. REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE

2. EFFLUENT LIMITATIONS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES

2.1. EROSION AND SEDIMENT CONTROL REQUIREMENTS

2.1.1. General Requirements Applicable to All Construction Sites

2.1.2. Erosion and Sediment Control Requirements Applicable to All Sites

2.1.3. Requirements Applicable Only to Sites Using These Specific Stormwater

Controls

2.2. STABILIZATION REQUIREMENTS

2.2.1. Deadlines for Initiating and Completing Stabilization

2.2.2. Criteria for Stabilization

2.3. POLLUTION PREVENTION REQUIREMENTS

2.3.1. Prohibited Discharges

2.3.2. General Maintenance Requirements

2.3.3. Pollution Prevention Standards

2.3.4. Emergency Spill Notification

2.3.5. Fertilizer Discharge Restrictions

3. WATER QUALITY-BASED EFFLUENT LIMITATIONS

3.1. GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS

3.2. DISCHARGE LIMITATIONS FOR IMPAIRED WATERS

3.2.1. Identify If You Discharge To An Impaired Water

3.2.2. Requirements for Discharges to Sediment or Nutrient-Impaired Waters

3.3. DISCHARGES TO WATERS IDENTIFIED AS TIER 2, TIER 2.5, OR TIER 3

3.3.1. Identify if You Discharge to a Tier 2, Tier 2.5, or Tier 3 Water

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3.3.2. Requirements for New Projects Discharging to Tier 2, Tier 2.5, or Tier 3 Waters

4. INSPECTIONS

4.1. SITE INSPECTIONS

4.1.1. Person(s) Responsible for Inspecting Site

4.1.2. Frequency of Inspections

4.1.3. Increase in Inspection Frequency for Sites Discharging to Sensitive Waters

4.1.4. Reductions in Inspection Frequency

4.1.5. Areas that Need to Be Inspected

4.1.6. Requirements for Inspections

4.1.7. Inspection Report

4.2. INSPECTIONS BY EPA

5. CORRECTIVE ACTIONS

5.1. “CORRECTIVE ACTIONS” DEFINED

5.2. REQUIREMENTS FOR TAKING CORRECTIVE ACTION

5.3. CORRECTIVE ACTION REQUIRED BY EPA

5.4. CORRECTIVE ACTION REPORT

6. STAFF TRAINING REQUIREMENTS

7. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

7.1. GENERAL REQUIREMENTS

7.1.1. Requirement to Develop a SWPPP Prior to Submitting Your NOI

7.2. SWPPP CONTENTS

7.2.1. Stormwater Team

7.2.2. Nature of Construction Activities

7.2.3. Emergency-Related Projects

7.2.4. Identification of Other Site Operators

7.2.5. Sequence and Estimated Dates of Construction Activities

7.2.6. Site Map

7.2.7. Construction Site Pollutants

7.2.8. Non-Stormwater Discharges

7.2.9. Buffer Documentation

7.2.10. Description of Stormwater Control Measures

7.2.11. Pollution Prevention Procedures

7.2.12. Procedures for Inspection, Maintenance, and Corrective Action

7.2.13. Staff Training

7.2.14. Documentation of Compliance with Other Federal Requirements

7.2.15. SWPPP Certification

7.2.16. Post-Authorization Additions to the SWPPP

7.3. ON-SITE AVAILABILITY OF YOUR SWPPP

7.4. REQUIRED SWPPP MODIFICATIONS

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7.4.1. List of Conditions Requiring SWPPP Modification

7.4.2. Deadlines for SWPPP Modifications

7.4.3. SWPPP Modification Records

7.4.4. Certification Requirements

7.4.5. Required Notice to Other Operators

8. HOW TO TERMINATE COVERAGE

8.1. MINIMUM INFORMATION REQUIRED IN NOT

8.2. CONDITIONS FOR TERMINATING PERMIT COVERAGE

8.3. HOW TO SUBMIT YOUR NOT

8.4. DEADLINE FOR SUBMITTING NOTS

8.5. EFFECTIVE DATE OF TERMINATION OF COVERAGE

9. PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR

TERRITORIES

APPENDIX A - DEFINITIONS AND ACRONYMS ................................................................................... A-1 APPENDIX B - PERMIT AREAS ELIGIBLE FOR COVERAGE ..................................................................B-1 APPENDIX C - SMALL CONSTRUCTION WAIVERS AND INSTRUCTIONS ......................................... C-1 APPENDIX D - ENDANGERED SPECIES ACT REQUIREMENTS ........................................................... D-1 APPENDIX E - HISTORIC PROPERTY SCREENING PROCESS ............................................................... E-1 APPENDIX F - LIST OF TIER 3, TIER 2, AND TIER 2.5 WATERS .............................................................. F-1 APPENDIX G - BUFFER GUIDANCE .................................................................................................... G-1 APPENDIX H - 2-YEAR, 24-HOUR STORM FREQUENCIES ................................................................... H-1 APPENDIX I - STANDARD PERMIT CONDITIONS ................................................................................... I-1 APPENDIX J - NOTICE OF INTENT (NOI) FORM AND INSTRUCTIONS ............................................... J-1 APPENDIX K - NOTICE OF TERMINATION (NOT) FORM AND INSTRUCTIONS ................................ K-1

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1. HOW TO OBTAIN PERMIT COVERAGE UNDER THE CGP.

To be covered under this permit, you must meet the eligibility conditions and follow the requirements for applying for permit coverage in this Part.

1.1. ELIGIBILITY CONDITIONS REQUIRED OF ALL PROJECTS.

Only those projects that meet all of the following eligibility conditions may be covered under this permit:

a. You are an “operator” of the construction project for which discharges will be covered under this permit;

Note: For the purposes of this permit, an “operator” is any party associated with a construction project that meets either of the following two criteria:

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

2. The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit).

Subcontractors generally are not considered operators for the purposes of this permit.

Note: Where there are multiple operators associated with the same project, all operators are required to obtain permit coverage. The following applies in these situations:

1. If one operator has control over plans and specifications and a different operator has control over activities at the project site, they may divide responsibility for compliance with the terms of this permit as long as they develop a group SWPPP (see Part 7.1.1), which documents which operator has responsibility for each requirement of the permit.

2. If an operator only has operational control over a portion of a larger project (e.g., one of four homebuilders in a subdivision), the operator is responsible for compliance with all applicable effluent limits, terms, and conditions of this permit as it relates to the activities on their portion of the construction site, including protection of endangered species, critical habitat, and historic properties, and implementation of control measures described in the SWPPP in the areas under their control.

3. You must ensure either directly or through coordination with other permittees, that your activities do not render another party’s pollutant discharge controls ineffective.

4. If the operator of a “construction support activity” (see Part 1.3.c) is different than the operator of the main construction site, that operator is also required to obtain permit coverage.

b. Your project:

i. Will disturb 1 or more acres of land, or will disturb less than 1 acre of land but is part of a common plan of development or sale that will ultimately disturb 1 or more acres of land; or

ii. Your project’s discharges have been designated by EPA as needing a permit under § 122.26(a)(1)(v) or § 122.26(b)(15)(ii);

c. Your project is located in an area where EPA is the permitting authority (see Appendix B);

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d. Discharges from your project are not:

i. Already covered by a different NPDES permit for the same discharge; or

ii. In the process of having coverage under a different NPDES permit for the same discharge denied, terminated, or revoked.1, 2

e. You are able to demonstrate that you meet one of the criteria listed in Appendix D with respect to the protection of species that are federally-listed as endangered or threatened under the Endangered Species Act (ESA) or federally-designated critical habitat;

f. You have completed the screening process in Appendix E relating to the protection of historic properties and places; and

g. You have complied with all requirements in Part 9 imposed by the applicable state, Indian tribe, or territory in which your construction activities will occur.

1.2. ELIGIBILITY CONDITIONS THAT APPLY DEPENDING ON TYPE OF PROJECT.

You must also satisfy, if applicable, the conditions in Parts 1.2.1 through 1.2.4 in order to obtain coverage under this permit.

1.2.1. Eligibility for Emergency-Related Construction Activities.

If you are conducting earth-disturbing activities in response to a public emergency (e.g., natural disaster, widespread disruption in essential public services), and the related work requires immediate authorization to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential public services, you are authorized to discharge on the condition that a complete and accurate NOI is submitted within 30 calendar days after commencing earth-disturbing activities (see Table 1) establishing that you are eligible under this permit. You are also required to provide documentation in your SWPPP to substantiate the occurrence of the public emergency.

1.2.2. Water Quality Standards – Eligibility for New Sources.

If you are a “new source” (as defined in Appendix A), you are not eligible for coverage under this permit for 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 1.4.5. However, EPA may authorize your coverage under this permit after you have included appropriate controls and implementation procedures designed to bring your discharge into compliance with water quality standards. In the absence of information demonstrating otherwise, EPA expects that compliance with the stormwater control requirements of this permit, including the requirements applicable to such discharges in Part 3.2, will result in discharges that will not cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard.

1 Parts 1.1.d.i and 1.1.d.ii do not include sites currently covered under the 2003 or 2008 CGPs, which are in the process of obtaining coverage under this permit, and sites covered under this permit, which are transferring coverage to a different operator.

2 Notwithstanding a project being made ineligible for coverage under this permit because it falls under the description of Parts 1.1.d.i or 1.1.d.ii, above, EPA may waive the applicable requirement after specific review if it determines that coverage under this permit is appropriate.

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1.2.3. Discharging to Waters with High Water Quality – Eligibility for New Sources.

If you are a “new source” (as defined in Appendix A), you are eligible to discharge to a Tier 2, Tier 2.5, or Tier 3 water only if your discharge will not lower the water quality of the applicable water. In the absence of information demonstrating otherwise, EPA expects that compliance with the stormwater control requirements of this permit, including the requirements applicable to such discharges in Part 3.3.2, will result in discharges that will not lower the water quality of the applicable water. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.

Note: Your project will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first surface water to which you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a storm sewer system prior to discharge, the first surface water to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system.

1.2.4. Use of Cationic Treatment Chemicals.

If you plan to use cationic treatment chemicals (as defined in Appendix A), you are ineligible for coverage under this permit, unless you notify your applicable EPA Regional Office in advance and the EPA office authorizes coverage under this permit after you have included appropriate controls and implementation procedures designed to ensure that your use of cationic treatment chemicals will not lead to a violation of water quality standards.

1.3. Types of Discharges Authorized Under the CGP.

The following is a list of discharges that are allowed under the permit provided that appropriate stormwater controls are designed, installed, and maintained:

a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface runoff and drainage, associated with construction activity under 40 CFR § 122.26(b)(14) or § 122.26(b)(15)(i);

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

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

i. The support activity is directly related to the construction site required to have permit coverage for stormwater discharges;

ii. The support activity is not a commercial operation, nor does it serve multiple unrelated construction projects;

iii. The support activity does not continue to operate beyond the completion of the construction activity at the project it supports; and

iv. Stormwater controls are implemented in accordance with Part 2 and, if applicable, Part 3, for discharges from the support activity areas.

d. The following non-stormwater discharges from your construction activity, provided that, with the exception of water used to control dust and to irrigate areas to be vegetatively stabilized, these discharges are not routed to areas of exposed soil on your site and you comply with any applicable requirements for these discharges in Part 2:

i. Discharges from emergency fire-fighting activities;

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ii. Fire hydrant flushings;

iii. Landscape irrigation;

iv. Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

v. Water used to control dust;

vi. Potable water including uncontaminated water line flushings;

vii. Routine external building washdown that does not use detergents;

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

ix. Uncontaminated air conditioning or compressor condensate;

x. Uncontaminated, non-turbid discharges of ground water or spring water;

xi. Foundation or footing drains where flows are not contaminated with process materials such as solvents or contaminated ground water; and

xii. Construction dewatering water that has been treated by an appropriate control under Part 2.1.3.4; and

e. Discharges of stormwater listed above in Parts a, b, and c, or authorized non-stormwater discharges in Part d above, commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.4. SUBMITTING YOUR NOTICE OF INTENT (NOI).

To be covered under this permit, you must submit to EPA a complete and accurate NOI prior to commencing construction activities. The NOI certifies to EPA that you are eligible for coverage according to Part 1.1 and 1.2, and provides information on your construction operation and discharge.

Note: All “operators” (as defined in Appendix A) associated with your construction project, who meet the Part 1.1 eligibility requirements, and who elect to seek coverage under this permit, are required to submit an NOI.

Note: There are two exceptions to the requirement to submit the NOI prior to the commencement of construction activities: (1) for emergency-related projects, and (2) for new projects scheduled to commence construction activities on or after February 16, 2012, but no later than March 1, 2012. 3 For these two types of projects, the NOI

3 For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in the following areas, if you are schedule to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

H-96 must be submitted within 30 calendar days after the commencement of earth-disturbing activities (see Part 1.4.2).

Note: You must complete the development of a Stormwater Pollution Prevention Plan (SWPPP) consistent with Part 7 prior to submitting your NOI for coverage under this permit.

1.4.1. How to Submit Your NOI.

You are required to use EPA’s electronic NOI system, or “eNOI system”, to prepare and submit your NOI. Go to www.epa.gov/npdes/stormwater/cgpenoi to access the eNOI system and file an NOI. If you have a problem with the use of the eNOI system, contact the EPA Regional Office that corresponds to the location of your site. If you are given approval by the EPA Regional Office to use a paper NOI, and you elect to use it, you must complete the form in Appendix J.

1.4.2. Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage.

Table 1 provides the deadlines for submitting your NOI and your official start date of permit coverage, which differ depending on when you commence construction activities. The following terms are used in Table 1 to establish NOI deadlines:

a. New project – a construction project that commences construction activities on or after February 16, 2012, or or April 9, 2012 for the State of Idaho (except for Indian country), or April 13, 2012 for areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, or May 9, 2012 for projects located in the following areas: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

b. Existing project – a construction project that commenced construction activities prior to February 16, 2012, or April 9, 2012 for the State of Idaho (except for Indian country), or April 13, 2012 for areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, or May 9, 2012 for projects located in the following areas: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

c. New operator of a new or existing project – an operator that through transfer of ownership and/or operation replaces the operator of an already permitted construction project.

Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.

Type of Construction Project

Deadlines for Operators to Submit

NOI

Official Start Date for Permit Coverage

New project You must submit your NOI at least 14 calendar days prior to commencing earth-disturbing activities.

Exception: If your project qualifies as an “emergency-related project” under Part 1.2.1, you must submit your NOI by no later than 30 calendar days after commencing

You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/c gpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.

Exception: If your project qualifies as

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Type of Construction Project

Deadlines for Operators to Submit

NOI

Official Start Date for Permit Coverage earth-disturbing activities.

Exception: If you are scheduled to commence construction activities on or after February 16, 2012, but no later than March 1, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities.4 an “emergency-related project” under Part 1.2.1, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied.

Exception: If you are scheduled to commence construction activities on or after February 16, 2012, but no later than March 1, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied.5

4 For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects located in the following areas, if you are scheduled to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you must submit your NOI by no later than 30 days after commencing earth-disturbing activities: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

5 For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied. For new projects located in the following areas, if you are scheduled to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

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Type of Construction Project

Deadlines for Operators to Submit

NOI

Official Start Date for Permit Coverage

Note: If you have missed the deadline to submit your NOI, any and all discharges from your construction activities will continue to be unauthorized under the Clean Water Act until they are covered by this or a different NPDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of earth-disturbing activities and discharge authorization.

Note: Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for permit coverage.

1.4.3. Your Official End Date of Permit Coverage

1.4.4. Continuation of Coverage for Existing Permittees After the Permit Expires.

H-99 remain in force and effect for discharges that were covered prior to expiration. If you were granted permit coverage prior to the expiration date, you will automatically remain covered by this permit until the earliest of:

• Your authorization for coverage under a reissued or replacement version of this permit…