mt-d-malm202301_DAR2023_SWPPP.pdf

Stormwater Pollution Prevention Plan

SWPPP

For:

Federal Highway Administration Western Federal Lands Highway Division

MT DAR MALM 2023(1)

DEFENSE ACCESS ROADS FY 2023

Fergus, Wheatland, Judith Basin Counties, MT

Project Engineer General Contractor

Table of Contents

SWPPP TABS

TAB 1: SWPPP Narrative

TAB 2: Permit ( Construction General Permit)

TAB 3: NOI, Acknowledgement, Other Applicable

TAB 4: Delegation of Authority

TAB 5: aps

TAB 6: Erosion/Sediment Control Plan Sheets ( lan et and BMP ypical etails)

TAB 7: Revegetation Plan (if applicable)

TAB 8: SWPPP Amendment Log

TAB 9: Inspection Reports

TAB 10: Corrective Action Log

TAB 11: Water Quality Monitoring, Reporting Requirements, and Reports

TAB 12: Training Certificat Log

TAB 13: Government-Selected Waste, Borrow, Staging Sites

TAB 14: Grading and Stabilization Log

TAB 15: Hazardous Spill Plan or Spill Prevention, Control, and Countermeasures (SPCC)

TAB 1 : Quality Assurance Checklist

TAB 1 : Notice of Termination (NOT)

Tab 1

Final 2023-2027 Form SWPPP-SWC Page 1 of 10

WATER PROTECTION BUREAU

AGENCY USE ONLY

Permit No.:

Date Received:

Amount Received:

Check No.:

Received By:

FORM

SWPPP

Storm Water Pollution Prevention Plan (SWPPP) Form

Storm Water Discharge Associated with Construction Activity

MTR100000

READ THIS BEFORE COMPLETING THE FORM

The Form SWPPP is intended to assist permittees in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). References to ‘Part’ in this document refer to parts of the General Permit. It is the permittee’s responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is properly developed, implemented, and maintained. Additional information may be needed to supplement the Form SWPPP.

Section A – Status (Choose one) New No prior Application submitted for this site Renewal Permit Number: MTR1 Modification Permit Number: MTR1 9BResubmittal/Admin. Processing Permit Number: MTR1

Section B – Facility or Site Information Site Name Site Physical Address (or directions to the site) Nearest City or Town Zip Code County

10BSection C - Applicant (Owner/Operator) Information Name of Owner/Operator (Legal Name of Organization) Mailing Address City, State, and Zip Code Phone Number Email

Section D – SWPPP Preparer and Administrator (Part 3.2) SWPPP Preparer:

Name Company Name Email Phone Alternate Phone Mailing Address City, State, and Zip Code 11BTraining Provider/Course Date Completed

DEFENSE ACCESS ROADS FY 2023, Malmstrom Air Force Base various sites, leave Harlowtown and head north

Harlowtown, MT 59036 Fergus, Wheatland and Judit

Western Federal Lands Highway Division

610 E 5th Street Vancouver, WA 98661

(360) 619-7785 scott.smithline@dot.gov

Denise Steele Federal Highways, Western Federal Lands denise.steele@dot.gov (360) 619-7593 610 E 5th Street

Vancouver, WA 98661 StormwaterOne:CertifiedSWPPPpre&ad957888d7 07/26/2021

0 9 9 9 4

Final 2023-2027 Form SWPPP-SWC Page 2 of 10

Section D – SWPPP Preparer and Administrator (continued) SWPPP Administrator: Same as SWPPP Preparer Name Company Name Email Phone Alternate Phone Mailing Address City, State, and Zip Code Training Provider/Course Date Completed

Secondary SWPPP Administrator: (optional) Name Company Name Email Phone Alternate Phone Mailing Address City, State, and Zip Code Training Provider/Course Date Completed

For additional SWPPP Administrators, please submit Attachment A.

Section E – Site Description (Part 3.3)

1. Describe the nature of the construction activity and what is being constructed.

2. Describe all support activities (and their associated storm water discharges) dedicated to the construction activity including but not limited to:

3. Provide estimates of the total area of the site and the area of the site expected to undergo construction-related disturbance including support activities and the total area of a larger common plan of development or sale.

Disturbance area cannot be greater than total site area.

Total Site Area acres Construction-Related Disturbance Area acres

4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used.

2.75 2.75

The FHWA in partnership with the US Air Force and Fergus, Wheatland and Judith Basin Counties are planning to upgrade roads, and drainages along routes in the Malmstrom Air Force Base.

The proposed actions includes placing approximately 4-inches of gravel, with calcium chloride dust control; and replace, extend or clean culverts on the routes leading to eleven missile silo's. One grade raise is planned on the route to the K-03 missile silo.

Material borrow areas will be determined by the construction contractor.

Material crushing will occur on site.

The presence of hydric soil indicators was determined using the Regional Supplement.

40% Niart-Rothiemay loams, 0 to 4 percent slopes, fan 13.3% Rothiemay loam, 0 to 2 percent slopes 12.5% Niart cobbly loam, 0 to 4 percent slopes additional percentages spread against several soil types.

Final 2023-2027 Form SWPPP-SWC Page 3 of 10

Section E – Site Description (continued)

5. Briefly describe existing vegetation at the site and an estimate of the percent density of vegetative ground cover.

Percent Density of Existing Vegetation: %

6. Is the area of construction-related disturbance (as listed in 3, above) equal or greater to five acres?

Yes Complete a and b No Go to 7

a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and the source of information:

Runoff coefficient before construction Runoff coefficient after construction Information Source

b. Provide an estimate of the increase in impervious area after the construction activity is completed.

Percent increase in impervious area %

7. Outfall Table For each outfall, list latitude and longitude in the decimal degrees (00.0000; -000.0000), the name of the receiving water, and indicate if the water body is impaired. This information should match the NOI. Also indicate whether outfall discharges to a municipal storm sewer system (MS4), the drainage area associated with the outfall, and the type of flow. Attach a separate sheet for additional outfalls. Definitions of terms are provided below:

Outfall– a discrete channel, conveyance, structure, or flow path from which storm water discharge leaves the boundary of the facility or site.

Sheet flow– runoff which flows over the ground as a thin, even layer, not concentrated in a channel.

Concentrated flow– runoff confined to a channel with greater velocity and flow depth than sheet flow.

Outfall Number Latitude Longitude Receiving Water Name Impaired

Receiving Water Discharge to

MS4

Drainage

Area Type of Flow

001 Yes No

Yes No

Sheet Concentrated

002 Yes No

Yes No

Sheet Concentrated

003 Yes No

Yes No

Sheet Concentrated

004 Yes No

Yes No

Sheet Concentrated

005 Yes No

Yes No

Sheet Concentrated

006 Yes No

Yes No

Sheet Concentrated

007 Yes No

Yes No

Sheet Concentrated

008 Yes No

Yes No

Sheet Concentrated

009 Yes No

Yes No

Sheet Concentrated

010 Yes No

Yes No

Sheet Concentrated

-109.741076° 46.490724° K-03 Stock pond

From the WOTUS report:

The dominance of species that are considered FAC or wetter indicated the presence of hydrophytic vegetation.

Final 2023-2027 Form SWPPP-SWC Page 4 of 10

Section F – Potential Pollutant Sources (Part 3.4)

1. Select the pollutant sources expected to be present at the construction project.

2. Additional Pollutant Sources List any additional pollutant sources likely to be present at the construction project.

3. Non-Storm Water Discharges Select the types of allowable non-storm water discharges likely to be present at the construction project.

Type of Allowable Non-Storm Water Discharge Present at Construction Project Irrigation Drainage Yes No Landscape Watering Yes No Pavement Wash Waters Yes No Routine Building Wash Down Yes No Uncontaminated spring or ground water Yes No Water used for dust control Yes No Emergency fire-fighting activities Yes No Foundation or footing drains Yes No Incidental windblown mist from cooling towers Yes No Uncontaminated condensate from air conditioners, coolers, or other compressors Yes No Other (list) ___________________________ Yes No p p p Soils

Areas of Shallow Grade (3:1 or less) Areas of Steep Grade (3:1 or greater) Slopes Ditch Stockpiles Contaminated Soils Import and Export Operations Entrance / Exit Locations Other (list)

Materials Loading and Unloading Operations Storage of building materials Storage of chemicals Portable Toilets Concrete Batch Plant Asphalt Batch Plant Worker Trash Demolition Materials / Debris Other (list)

Activities Concrete Truck Washout Masonry - Stone / Brick / Concrete Spray / Wand Applications Finish Work – Dry wall / Painting Equipment Washing Washing of Buildings Maintenance of Equipment Refueling Operations Application of herbicides, pesticides, fertilizers Application of solvents or detergents Construction Dewatering Other (list)

Wind erosion could occur.

Final 2023-2027 Form SWPPP-SWC Page 5 of 10

Section G – Selection of Best Management Practices (BMPs) (Part 3.5)

1. Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications are required to be maintained by the SWPPP Administrator(s) on-site and provided upon request.

2. Additional BMPs List any additional BMPs likely to be used at the construction project.

3. BMP Specifications Provide the source (e.g. website link, name of manual) of specifications for each BMP selected (excluding those with an *). Specifications may include design, installation, implementation, and maintenance procedures and may or may not contain a drawing.

Per Part 3.5, specifications need to be maintained on-site, but do not need to be submitted with the SWPPP.

Erosion Control BMPs Surface Roughening Diversion Ditches Velocity Checks / Check Dams Preservation of Existing Vegetation Minimizing Ground Disturbance Mulch – Straw / Compost Tackifiers / Soil Binders Temporary Seeding Erosion Control Blankets Rough Cut Street Controls / Water Bars Channel Liner Stream Crossing Terracing Culvert Outfall / Outlet Protection (Rip Rap) Other (list) _

Run On / Runoff Control BMPs Temporary Slope Drain Rock Run Down Clean Water Diversion Drainage Swales Other (list)_________________

Sediment Control BMPs Silt Fence Straw Wattles Rock Wattles / Rock Socks Curb Socks Straw Bales Earthen Berms Vegetative Buffers Drainage Ditch / Ditch Berm Gravel Pack Tarps/ Plastic/ Visqueen Compost Socks Brush Barrier Sandbag Barrier Inlet Protection Vehicle Tracking Control Pad Stabilized Vehicle Entrance Stabilized Parking Area Stabilized Construction Roadway Street Sweeping Sediment Trap Sediment Basin Other (list)__________________

Administrative Controls Concrete and Liquid Waste

Washouts Worker Toilets Construction Fencing Dust Control Dumpsters / Waste Receptacles Stabilized Staging Area Material Storage and Stockpile Area Paving and Painting Controls Saw Cutting and Grinding Controls Spill Prevention and Response Procedures/ Secondary Containment Traffic Control* Back Charging / Penalties* Other (list)___________________

Post Construction BMPs Detention Pond(s) Retention Pond(s) Drainage Swales Infiltration System(s) Dry Well(s) Other (list)___________________conserved topsoil, turf establishment, N/A

Biodegradable fiber rolls.

Final 2023-2027 Form SWPPP-SWC Page 6 of 10

Section H – Water Quality Controls for Discharges to Impaired Water Bodies (Part 2.2)

1. Are any of the waterbodies impaired for potential pollutants from construction activities associated this project? (Typical pollutants from construction activities include sediment, suspended solids and turbidity, and any secondary sources of pollutants based on materials and support activities.)

Yes Continue with next question. No Go to Section I

2. Describe BMPs that will target and reduce discharges of the identified pollutants of impairment expected present based on the construction activities specific to this project. Include any applicable TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed by DEQ.

Section I – Municipal Separate Storm Sewer Systems (MS4s)

1. Is this construction project located within a MS4?

Yes Continue to next question No Go to Section J

2. Describe the MS4’s local erosion and sediment control requirements.

3. Have you updated the SWPPP to include all additional requirements specific to your MS4?

Yes No

Section J – Dewatering Activities (Part 3.6)

1. Will there be any dewatering activity (including surface water, ground water, or accumulated storm water) associated with the construction project?

Yes Continue with next question No Go to Section K

2. Describe dewatering activities associated with the construction project.

3. Identify BMPs used to control dewatering activities.

4. Will dewatering discharge reach or have the potential to reach state waters? If yes, separate authorization under the Construction Dewatering General Permit is required.

Yes Construction Dewatering General Permit authorization number: MTG07 No

Final 2023-2027 Form SWPPP-SWC Page 7 of 10

B es t M an ag em en t P ra ct ic es

(B M

Ps

Section K – Major Construction Activity and BMP Phasing (Part 3.7) Identify the total number of major construction activities associated with the project:

Complete the table by listing the major construction activities in the top row and the BMPs selected for the project in the first column. For each major construction activity, indicate which BMPs will be used by checking the box in the corresponding row. For additional major construction activities and BMPs complete another sheet using this page. All BMPs identified in Section G should be listed and the number of construction activities listed should match the number listed above.

Major Construction Activity

Grade Raise Re-graveling culvert replacement and cleaning fiber rolls top soil conservation re-seeding water for dust control

Final 2023-2027 Form SWPPP-SWC Page 8 of 10

Section K – Major Construction Activity and BMP Phasing (continued) List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify the construction related tasks that will occur during the proposed major construction activity.

Section L – Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. In the description, include seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.

Section M– Post-Construction Storm Water Management (Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements.

Section N – Site Map (Part 3.10) Develop SWPPP site maps and plans and submit them with the SWPPP. The site maps must be legible, of sufficient size and scale, and include all of the requirements in Part 3.10 of the General Permit. Multiple site maps or plans are highly encouraged.

Grade raise K-03 45 days Mon 4/15/24 Thu 6/20/24

Grade Raise 14,956 cuyd 550 cuyd/day 28 days Wed 4/17/24 Wed 5/29/24 10FS+2 days Roadway Reconditioning (K-03) 6.3 miles 1 mile/day 7 days Thu 5/23/24 Wed 6/5/24 15FF-5 days,12 Stab. Aggregate Surfacing (K-03) 19,287 ton 2,000 ton/day 10 days Thu 5/30/24 Wed 6/12/24 4,13

Conserved topsoil Re-seeding

Final 2023-2027 Form SWPPP-SWC Page 9 of 10

Section O – Inspection and BMP Maintenance Procedures (Part 3.11)

1. Select the self-inspection schedule for the construction project:

Once every 7 calendar days Once every 14 calendar days, and a post-storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt.

2. How will rainfall amount be determined?

Rain gage on site Weather service (list source)

3. Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition.

4. How will updates and revisions to the SWPPP be documented? (Part 3.12) Form SWPPP and SWPPP site maps Inspection records and SWPPP site maps Site log and SWPPP site maps

5. Will any post construction BMPs be used during major construction activities?

Yes Continue with next question No Go to Section P

6. Explain how post construction BMPs will be maintained and transitioned from active construction to post construction.

Section P – Supplemental Information Use this space to identify additional information that is to be included in the SWPPP.

weather.com

Inspections will occur and when deficiencies are observed, repairs will be implemented.

Fiber rolls will be left in place until final stabilization occurs.

Final 2023-2027 Form SWPPP-SWC Page 10 of 10

Section Q - Certification This form must be signed by an individual with signatory authority or a duly authorized representative of the signatory (designated in the NOI or Attachment A) per ARM 17.30.1323, A signatory authority is defined as:

0BFor a corporation, a responsible corporate officer. A responsible corporate officer means:

o 1BA president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or o 2BThe manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

3BFor a partnership or sole proprietorship, a general partner or the proprietor, respectively.

4BFor a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official. A principal executive officer of a federal agency includes:

o 5BThe chief executive officer of the agency; or o 6BA senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency A person is a duly authorized representative if:

7BAuthorization is made in writing by an individual with signatory authority;

o 8BThe authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (A duly authorized representative may be either a named individual or any individual occupying a named position.)

The written authorization is submitted to the department.

Any Person Signing this Document Must Complete the Following Certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information;

including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA]

A. Name (Type or Print)

B. Title (Type or Print)

C. Phone No.

D. Signature

E. Date Signed

The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Applications may be submitted via DEQ’s online permitting system FACTS or mailed to the following address:

Montana Department of Environmental Quality Water Protection Bureau

PO Box 200901 Helena, MT 59620-0901

(406) 444-3080

Scott Smithline

Environmental Manager (360) 619-7785

SCOTT RUSSELL SMITHLINE Digitally signed by SCOTT RUSSELL SMITHLINE Date: 2023.06.07 14:37:02 -07'00'

Tab 2

GENERAL PERMIT

FOR

STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY

PERMIT NUMBER MTR100000

MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY

AUTHORIZATION TO DISCHARGE UNDER

THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM (MPDES)

In compliance with Section 75-5-101 et seq., Montana Code Annotated (MCA); Administrative Rules of Montana (ARM) 17.30.1101; 17.30.1301 et seq.; and ARM 17.30.601 et seq., owners and operators (permittees) with authorization under this General Permit for Storm Water Discharges Associated with Construction Activity are permitted to discharge storm water resulting from construction activities as described in Part 1.1 of this permit and subject to effluent limitations, monitoring requirements, and other conditions set forth herein.

This permit shall become effective January 1, 2023.

This permit and the authorization to discharge shall expire at midnight, December 31, 2027.

FOR THE MONTANA DEPARTMENT

OF ENVIRONMENTAL QUALITY

|S| Jon Kenning

Jon Kenning, Chief Water Protection Bureau

Issuance Date: October 31, 2022

Permit No.: MTR100000

Table of Contents (titles are hyperlinked)

Coverage Under this Permit

Effluent Limitations, Monitoring, and Reporting Requirements

Storm Water Pollution Prevention Plan (SWPPP)

Standard Conditions

General Definitions and Abbreviations

Coverage Under this Permit

Eligibility

Construction Activities Covered The MPDES Storm Water Discharges Associated with Construction Activity General Permit (SWC or the General Permit) applies to all areas of the State of Montana, except for areas within the boundary of “Indian country,” as defined in Part 5. This permit applies to “storm water discharge associated with construction activity,” as defined in Part 5 and in ARM 17.30.1102. In this permit, the “owner or operator” (owner/operator), as defined in Part 5, is also identified as the permittee.

Owner/operators with construction activities that meet the following criteria are required to obtain authorization under the General Permit:

There are areas of ground disturbance or other potential pollutant sources related to construction activity where a storm water discharge to state surface waters can occur; and Construction activity disturbs a total area of greater than or equal to one acre. Construction activities include clearing, grading, excavation, stockpiling earth materials, and other placement or removal of earth material performed during construction projects.

o Permit coverage is required for construction activities that disturb less than one acre but are part of a “larger common plan of development or sale (larger common plan)” whose “total area” is greater than or equal to one acre, as defined in Part 5. See Part 1.1.5, below.

For construction activities that result in disturbance of less than five acres of total land area, determination of the acreage of disturbance does not include disturbance for routine maintenance activities on existing roads. The exclusion for routine maintenance is not available if the maintenance or repaving operation will alter the line and grade or hydrologic capacity of the road or involves clear, grading, or excavating of underlying and/or surrounding soil.

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

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 amount of rainfall or snowmelt 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);

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” (per Parts 3.8 and 5) of that disturbance, which can sometimes take significant extra time to achieve; 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 ultimately discharges into a state surface water.

Support Activities A support activity is a construction-related activity that occurs alongside construction and specifically supports construction activity. Support activities may 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 fill placement.

For storm water discharges from support activities to be covered under a particular authorization under the General Permit, such support activities must:

Be related to a specific construction activity with authorization under the General Permit;

Not be part of a larger commercial operation serving multiple unrelated construction activities;

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 Not continue beyond the completion date of the associated construction activity authorized under the General Permit;

Have appropriate controls and pollution prevention measures implemented and documented in the SWPPP, per Part 3.

Allowable Storm Water Discharges Unless otherwise made ineligible through the provisions in Part 1.1.4, the following discharges are eligible for coverage under this permit:

“Storm water discharges associated with construction activity” as defined in Part 5; and Storm water discharges to impaired waterbodies that are consistent with approved “TMDLs” (as defined in Part 5) and assigned WLAs, and the additional requirements within the General Permit.

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).

Limitations on Coverage The following discharges 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;

Prohibited discharges as listed in Part 2.1.7;

Discharges of construction dewatering effluent to state surface waters requiring authorization under the MPDES General Permit for Construction Dewatering;

Storm water discharges to impaired waterbodies that are inconsistent with approved TMDLs and assigned WLAs, and the additional requirements with the General Permit;

Storm water discharges to waterbodies that are inconsistent with additional Montana Department of Environmental Quality (DEQ) requirements, on a case-by-case basis; or Discharges which DEQ determines have a reasonable potential to cause, or contribute to, an exceedance of any applicable water quality standard, and/or DEQ has determined coverage under a MPDES Individual Permit is required.

Coverage does not relieve the permittee from any other statute, regulation, permits, or other regulatory requirements for activities occurring within the project area

DEQ may deny coverage for storm water discharges citing that the permittee appears unable to comply with one or more of the following requirements:

Effluent standards, effluent limitations, standards of performance for new sources of pollutants, toxic effluent standards and prohibitions, and pretreatment standards;

Water quality standards established pursuant to 75-5-301, MCA;

Prohibition of discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

Prohibition of any discharges to which the regional administrator has objected in writing;

Prohibition of any discharge which is in conflict with a plan or amendment thereto approved pursuant to section 208(b) of the Clean Water Act;

Any additional requirements that DEQ determines are necessary to carry out the provisions of 75-5- 101, et seq., MCA; and A point source is a new source or a new discharge and the discharge from its construction or operation will cause or contribute to a violation of water quality standards per ARM 17.30.1311(7).

In addition, DEQ may deny coverage for the following reasons:

The storm water discharge is different in degree or nature from discharges reasonably expected from sources or activities within the category described in this MPDES General Permit (including pollutants from process wastewater streams).

The MPDES permit authorization for the same operation has previously been denied or revoked.

The discharge sought to be authorized under the 2023 General Permit is also included within an application or is subject to review under the Major Facility Siting Act, 75-20-101, et seq., MCA.

The point source is, or will be, located in an area of unique ecological or recreational significance. Such determination must be based upon considerations of Montana stream classifications adopted under 75-5-301, MCA, impacts on fishery resources, local conditions at proposed discharge sites, and designations of wilderness areas under 16 USC 1132 or of wild and scenic rivers under 16 USC 1274.

Larger Common Plan of Development or Sale A “larger common plan of development or sale (larger common plan)” is defined in Part 5 and referenced at ARM 17.30.1102. A larger common plan often involves dividing a parcel of land into smaller parts for individual sale, such as in residential communities, large commercial developments, or transportation projects.

See Parts 1.2.4.1; 1.3; and 1.4.1.

Authorization under this Permit An “owner/operator” of a “storm water discharge associated with construction activity” (as defined in Part 5) is required to obtain authorization under an MPDES permit. An owner/operator is a person who owns, leases, operates, controls, or supervises a point source. All construction activities that include ground disturbance and are part of a larger common plan that disturbs at least an acre are subject to coverage under the General Permit.

To obtain coverage under the General Permit, the owner/operator must submit a complete Notice of Intent application package to DEQ prior to discharge storm water associated with construction activity under this General Permit. By signing and submitting a complete NOI-SWC package the owner/operator confirms eligibility for coverage and agrees to comply with all conditions of this General Permit including effluent limits, monitoring requirements and special conditions.

Submission of Notice of Intention application packages, Modification Requests or Notice of Termination Forms

Documents related to requests for authorization (Part 1.1.5), modification (Part 1.2.4), transfer (Part 1.3), or termination (Part 1.4) of coverage under the General Permit must be completed and submitted via a DEQ-approved electronic method or mailed to:

Montana Department of Environmental Quality Water Protection Bureau

P.O. Box 200901 Helena, MT 59620-0901

New Authorizations (Not Previously Authorized) Owners or operators can obtain first-time coverage under this permit by submitting a complete a Notice of Intent to Discharge under the Storm Water Discharges Associated with Construction Activity General Permit (NOI-SWC) Package to DEQ.

The NOI-SWC Package must consist of:

A complete NOI-SWC form (signed by an authorized signatory per Part 4.18.1) and topographic map(s);

A separate SWPPP (signed by an authorized signatory or duly authorized representative per Part 4.18), including all associated SWPPP site maps, diagrams, details, and plans, which has been completed in accordance with the requirements identified in Part 3;

A copy of the consultation letter from the Montana Sage Grouse Habitat Conservation Program (if applicable); and The appropriate application fee.

Continuing Authorizations Issued Under the 2018 General Permit Permittees requiring continued authorization beyond the December 31, 2022, expiration date, must submit a complete a SWC Renewal Package to DEQ for coverage under this reissued General Permit.

The SWC Renewal Package must consist of:

A complete renewal NOI-SWC form (signed by an authorized signatory per Part 4.18.1) with “Renewal” selected in Section A and updated topographic map(s);

A separate SWPPP (signed by an authorized signatory or duly authorized representative per Part 4.18), including all associated SWPPP site maps, diagrams, details, and plans, updated which has been completed in accordance with the requirements identified in Part 3;

A copy of the consultation letter from the Montana Sage Grouse Habitat Conservation Program (if applicable); and

The appropriate fee.

Modification Requests to Authorizations under this General Permit Permittees can request a modification to their authorization under the General Permit by submitting a SWC Modification Package to DEQ.

Timing of the modification request relative to initial authorization determines how the request is processed.

Modification requests to current authorizations (including decreased or increased disturbance area) submitted within six months of the date of initial coverage under the General Permit are processed as minor modifications with the corresponding fee.

Modification requests (other than transfers) submitted more than six months after the first date of coverage under the General Permit will be processed with an application fee for a new authorization.

A permittee may request to add additional area(s) if the new additional construction-related disturbance is directly contiguous to and directly associated with the original site, except for support activities.

A permittee may request to reduce the area of a project, only when these areas requested to be removed from coverage have achieved final stabilization as defined in this General Permit.

The SWC Modification Package must consist of:

A complete NOI-SWC application form (signed by an authorized signatory per Part 4.18.1) with “Modification” selected in Section A and updated topographic map(s);

An updated SWPPP (signed by an authorized signatory or duly authorized representative per Part 4.18), including all associated maps, diagrams, details, plans, and records, updated in accordance with the requirements identified in Part 3;

A copy of the consultation letter from the Montana Sage Grouse Habitat Conservation Program (see below for applicability); and The appropriate fee.

Modifications to Projects Part of a Larger Common Plan For projects part of a larger common plan per Parts 1.1.5 and 5, and referenced at ARM 17.30.1102, the permittee may request a modification to reduce the area covered under the General Permit if:

The areas requested to be removed from coverage under the General Permit have achieved final stabilization, or There is a new owner/operator of a specific parcel(s) and the new owner/operator has obtained coverage under the General Permit.

o As part of the SWC Modification Package, the owner/operator of record (i.e. the current permittee) must include the authorization number for the parcel(s) with a new owner/operator and a provide a map showing the parcel(s) with coverage under a new authorization.

Until DEQ grants the modification, the owner/operator of record remains responsible for compliance with the terms of the authorization under the General Permit, including fees and/or violations.

Sage Grouse Consultation Requirements for Modifications If the project is within designated sage grouse habitat, any modification due to a change in disturbed acreage requires verification from the Montana Sage Grouse Habitat Conservation Program that may require a consultation letter and/or updates to a consultation letter. If the modification request is outside of sage grouse habitat, no consultation is required.

Resubmittal and Administrative Processing DEQ may request a resubmittal of a NOI-SWC form, SWPPP, any required records, and any associated fees.

Administrative processing fees may be assessed for DEQ reviews.

Transfer of Coverage Permittees may request a transfer ownership or change the name of the entity that holds an authorization under the General Permit by submitting a Storm Water Construction Permit Transfer Notification form (PTN-SWC) and the corresponding fee. The PTN-SWC must be submitted at least 30 days before the effective date of the proposed transfer. Submittal constitutes written notice to DEQ under the Montana Water Quality Act that the new owner/operator assumes responsibility and liability for all the terms and conditions, including permit fees.

The PTN-SWC form may not be used to transfer coverage to a new or different construction site, activity, or location.

The PTN-SWC form may only be used to transfer an entire project authorized under the General Permit to a new single owner/operator. For projects that are part of a larger common plan, it is more appropriate to modify (see Part 1.2.4) or terminate (see Part 1.4) an authorization if there will be several new owner/operators.

Until DEQ determines the submitted PTN-SWC form and the transfer to the new owner/operator a complete, the owner/operator of record remains responsible for compliance with the terms of the authorization under the General Permit, including fees and/or violations.

Termination of Coverage Permittees may request termination of coverage under the General Permit after achieving “final stabilization” per Parts 3.8 and 5. In addition to achieving final stabilization, permittees must also complete the following prior to termination:

Removal of all temporary storm water conveyances/channels and other temporary BMPs;

Removal of all construction equipment and vehicles from the site; and Cessation of all potential pollutant-generating activities due to the construction activity.

To request that permit coverage be terminated, the permittee must submit a Notice of Termination for Storm Water Discharges Associated with Construction Activity General Permit (NOT-SWC) to DEQ. A complete NOT-SWC form must be signed by an authorized signatory meeting the requirements in 4.18.1. See Part 1.4.1 for additional termination requirements for projects part of a larger common plan.

Coverage under the General Permit remains in effect until DEQ reviews and processes the NOT-SWC. The permittee is responsible for payment of annual fees for each calendar year covered under the General Permit.

Failure to submit a NOT-SWC will result in accrual of annual permit fees. The permittee is responsible for complying with the terms of the General Permit until notified by DEQ that the authorization is terminated.

Terminations for Projects Part of a Larger Common Plan Projects part of a larger common plan may request to terminate coverage under the General Permit in the following instances:

The entire site meets the requirements in Part 1.4, above; or Each parcel has met the requirements in Part 1.4 or has a new owner/operator who has obtained coverage under the General Permit.

For projects part of a larger common plan, the NOT-SWC form must include:

The authorization number for the parcel(s) with a new owner/operator, and A map showing:

o The parcel(s) with coverage under a new authorization, o The parcel(s) that have achieved final stabilization, and o The owner/operator for each parcel.

If a one or more parcels part of the larger common plan have not reached final stabilization and do not have coverage under a General Permit authorization for a new owner/operator, then the authorization may not be terminated. The permittee may request a modification to permit authorization, per Part 1.2.4

Coverage under the permit remains in effect until the Department processes a NOT-SWC form. The permittee is responsible for payment of annual fees for each calendar year covered under the permit. Failure to submit a NOT-SWC will result in accrual of annual permit fees. The permittee is responsible for complying with the terms of this permit until notified by the Department that the authorization is terminated.

Public Sign The permittee must post a sign to publicly display confirmation of coverage under the General Permit. The sign must be posted starting on the authorization date and remain posted until permit authorization is terminated.

At a minimum the sign must:

Use a large, readable font (at least 1” lettering);

Be visible from the nearest road;

Include the MPDES SWC authorization number for the project;

Include the statement “Request project information from Montana DEQ Water Protection Bureau at

(406) 444-3080”; and Include the statement “File a complaint at deq.mt.gov/reporting.”

Sign location:

The public sign must be posted at the construction site’s entrance/exit, or most visible entrance/exit if there are multiple access points.

For linear projects, the sign must be posted at the entrance to the equipment laydown, material storage, or job trailer location or at the entrance/exit(s) of the most active portion of the project.

Storm Water Rainfall Erosivity Waiver The Storm Water Rainfall Erosivity Waiver (Erosivity Waiver) is an optional alternative to obtaining coverage under the General Permit for discharges associated with construction activity.

Construction activities must meet the following requirements to be eligible for coverage under the Erosivity Waiver:

Total area of “disturbance related to construction activity” (disturbance), as defined in Part 5, is less than five acres;

Disturbance related to construction activity starts after March 1 and reaches “final stabilization” (per Parts

3.8 and 5) before November 30th of a given calendar year;

The project’s Rainfall Erosivity (R) Factor is less than five during the period of construction activity; and The Erosivity Waiver request includes the entire construction project.

o The Erosivity Waiver is not available for individual filings, phases, or portions of a construction project or site. A project that is part of a larger common plan is only eligible for an Erosivity Waiver if the entire development meets the conditions listed above.

To request a Waiver, the “owner/operator” (as defined in Part 5) must submit an Erosivity Waiver Request form, applicable attachments, and the associated fee to DEQ. A project is not waived from coverage under the General Permit until DEQ receives a complete application and issues an Erosivity Waiver Confirmation Letter.

Those covered by an Erosivity Waiver are not required to submit a Notice of Termination (NOT) to end coverage, however construction activities and associated discharge are only authorized for the date range listed in the Erosivity Waiver Confirmation Letter. If the project changes, and any of the above criteria are not met, the project no longer qualifies for an Erosivity Waiver and the owner/operator must apply for and obtain coverage under the General Permit.

Any discharge of storm water associated with small construction activity not covered by either the General Permit or an Erosivity Waiver may be considered an unpermitted discharge under the Montana Water Quality Act. DEQ may notify any owner/operator covered by an Erosivity Waiver that they must obtain General Permit coverage.

Effluent Limitations, Monitoring, and Reporting Requirements

Technology-Based Effluent Limitations Technology based effluent limits must be achieved through the good engineering practices and appropriate selection, design, implementation, installation, and maintenance of best management practices (BMPs) for all authorized storm water discharges associated with construction activities. To meet this requirement, the permittee must comply with all conditions in Part 2.1 and Part 3, and any other state or local requirements, regardless of stringency.

Universal Requirements for Best Management Practices The permittee must select, design, install and maintain BMPs that address:

The amount, frequency, intensity, and total duration of precipitation;

Quantity and quality of storm water runoff including peak flow rates and total storm water volume;

Characteristics of soils (including soil type and particle size) that are present at the construction project area(s); and Select BMPs appropriate to the timeframe and seasons in which the construction project will be completed.

The permittee must complete the following for all BMPs:

Document all BMPs in the SWPPP, SWPPP site map(s), and/or inspection records.

Select, implement, and install all BMPs in accordance with good engineering practices and design specifications;

Complete implementation and installation of BMPs appropriate to each phase of construction before or at the start of each major construction activity;

Maintain BMPs in effective operating condition;

Before terminating permit coverage, remove temporary BMPs or transition temporary BMPs to permanent BMPs.

Erosion and Sediment Controls To minimize soil erosion, the permittee must:

Stabilize ditches, swales, channels, and outlets;

Minimize erosion within the perimeter and interior of construction project area; and Divert storm water runoff from disturbed areas to sediment removal BMPs.

To minimize sediment discharges, the permittee must:

Construct storm water retention and detention facilities during initial site grading activities;

Minimize erosion at outlets and conveyance channels;

Protect downstream properties and waterways by controlling volume and velocity within the construction project area;

Protect all storm drain inlets;

If the permittee has the authority to access offsite the storm drain inlets, he must protect offsite inlets which convey storm water flow from the construction site to a state surface water;

Protect infrastructure, including infiltration facilities from sedimentation during active construction;

and Stabilize and remove accumulated sediment from areas of disturbance, including storm water retention and detention facilities.

To minimize offsite sediment transport, the permittee must:

Minimize vehicle/equipment entrances and exits to the construction project area; and Manage vehicle/equipment entrances and exits, equipment laydown, and material storage areas with stabilization techniques.

To minimize soil disturbance and maintain natural buffers, the permittee must:

Limit areas of disturbance and soil exposure;

Mark and maintain clearing limits before disturbing soils and during construction activities;

Maintain topsoil;

Provide a natural (such as vegetated) buffer within the construction project area;

Maintain natural buffers around “state waters” as defined in Part 5; and Direct storm water runoff to vegetated areas.

To minimize the disturbance of steep slopes of 15% or greater, the permittee must:

Design and construct cut-and-fill slopes to minimize erosion;

Divert off site storm water or ground water away from slopes and disturbed areas; and Prevent storm water run on from impacting sediment removal BMPs.

Soil Stabilization Temporary soil stabilization measures must include:

Stabilization of disturbed areas immediately for any portion of the construction project that will remain inactive for 14 or more calendar days with erosion control BMPs.

Final stabilization measures must include:

Use erosion control BMPs (including post construction BMPs) to stabilize disturbed areas within any portion of the project that have completed clearing, grading, excavation, or other earth disturbing activities.

Dewatering For “construction dewatering” activities the permittee must:

Control ground water, surface water, and/or accumulated storm water dewatering activities to prevent discharges to state waters; and Obtain authorization under the Construction Dewatering General Permit or an individual permit prior to discharge of dewatering effluent to state surface waters. See Part 3.6.

Pollution Prevention Measures To implement pollution prevention measures that effectively manage and dispose of all pollutants in a way that does not cause contamination of storm water, the permittee must:

Provide cover, containment, and protection for all chemicals, liquids, petroleum products, and construction materials, products, and wastes;

Use spill prevention and control measures for vehicle maintenance and fueling;

Maintain appropriate spill kits; clean up spills and leaks immediately; and report appropriate quantities in accordance with Part 4;

Prevent discharge of equipment wash water and clean-out wastes, and designate these activities away from and state waters and their conveyances;

Apply fertilizers and herbicides per manufacturers’ requirements; and Prevent discharges of concrete products.

Surface Outlets The permittee must ensure discharge of the highest quality water using structures that withdraw water from the surface from basins and impoundments as follows:

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