NPDES Permit ARQS DEP25-100 AML-Valley Camp Mine Facilities.pdf

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STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF WATER AND WASTE MANAGEMENT

601 57th STREET SE

CHARLESTON, WV 25304-2345

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WATER POLLUTION CONTROL PERMIT

Permit No. WV0115924

Subject: Stormwater Associated with Construction Activities

To Whom It May Concern:

Issue Date: March 6, 2024 Effective Date: April 6, 2024 Expiration Date: April 5, 2029

This is to certify that any establishment with discharges composed entirely of stormwater associated with construction activities disturbing one acre or greater of land area which may be regulated under the terms and conditions of this general permit, has satisfied the registration requirements, and which has not been required by the Director of the Division of Water and Waste Management to apply for an individual permit, is hereby eligible to allow stormwater discharges into the surface waters of the State under this General WV/NPDES Water Pollution Control Permit. Authorization to discharge under this permit must be provided by the Director.

Construction activities are land disturbing operations such as grubbing, grading, filling and excavation operations during site development for residential, commercial or industrial purposes. The following are not eligible for coverage under this NPDES General Permit:

1. Operations that result in the disturbance of less than one acre of total land area, which are not part of a larger common plan of development or sale.

2. Stormwater discharges associated with land disturbing activities that may reasonably be expected to be causing or contributing to a violation of a water quality standard as determined by the Director.

Permit No. WV0115924

3. Land disturbance activities already governed by other Department of Environmental Protection NPDES permits. This includes Division of Mining and Reclamation permits for coal mining and non-metallic quarries.

4. Landfills, except in the preparation of a new landfill and/or clay borrow areas.

5. Other activities exempt from NPDES permitting requirements as set forth in 40

C.F.R. 122.3 and 47 C.S.R. 10-3.2.b.4 (NPDES Program).

6. Land disturbing activities related to oil and gas activities as required by the

Energy Policy Act of 2005. These activities include but are not limited to construction of drilling sites, waste management pits, and access roads, as well as construction of the transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations.

7. Construction activities that result in a discharge of a reportable quantity release or that contribute pollutants (other than non-contaminated sediments) to a violation of a water quality standard are still subject to permit coverage.

This General WV/NPDES Water Pollution Control Permit is to allow stormwater discharges into the surface waters of the State while protecting water quality and is subject to the following terms and conditions:

The information submitted on and with the application form will hereby be made terms and conditions of the General Permit with like effect as if all such information were set forth herein, and other pertinent conditions set forth in Parts I, II, III, and IV and appendices A, B, and C.

Large Construction Applications approved from one year prior to the effective date of this reissued permit to the effective date must file the Notice of Termination for completed projects where all disturbed lands have been permanently stabilized, or, a signed certification of agreement to abide by the terms and conditions of this reissued General Permit within 90 days of the effective date. Additional application fees apply to the certification; annual fees also still apply. Where any incomplete projects have disturbed lands that have not been permanently stabilized, status maps are required with the certification. The map may be in PDF format and is required to conform to the specifications of the status map shall show disturbed areas and the Limits of Disturbance (LOD), which is the area approved under the registration for land disturbance. Projects that have not disturbed any lands are not required to provide the status map. Additionally, the certification will contain an updated timeline for major activities as required by Part 11.H. 1.

Existing registrations under the Minor Construction Applications approved from one year prior to the effective date of this reissued permit to the effective date shall submit the Notice of Termination if all disturbed lands are permanently stabilized. If construction is not complete and all disturbed lands are not permanently stabilized, such projects may retain permit coverage through the expiration date of this General Permit by submittal of the certification described above within 90 days of the effective date of this reissued General Permit.

Compliance with other laws and statutes

Nothing in this General Permit shall be construed as relieving the permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations.

Continuation of this general permit

If this general permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with 47 C.S.R. 10 and remain in force and effect. If you were authorized to discharge under this general permit prior to the expiration date, any discharges authorized under this permit will automatically remain covered by this general permit until the earliest of:

Your authorization for coverage under a reissued general permit or a replacement of this general permit following your timely and appropriate submittal of a complete application requesting authorization to discharge under the new general permit and compliance with the requirements of the new permit; or

Your submittal of notification of termination that the facility has ceased operations; or

Issuance or denial of an individual permit for the facility's discharge; or A formal permit decision by DWWM not to reissue this general permit, at which time DWWM will identify a reasonable time period of covered dischargers to seek coverage under an alternative general permit or individual permit. Coverage under this permit will cease at the end of this time period.

PART I. INTRODUCTION

I.A. TERMS OF PERMIT

I.B. COMPLIANCE REQUIREMENT

I.C. WATER QUALITY

I.D. REQUIRED REPORTING

I.E. DIRECTOR'S AUTHORITY TO REQUIRE OTHER PERMITS

I.F. ALLOWABLE DISCHARGES

I.G. PROHIBITED DISCHARGES

PART II PRE-CONSTRUCTION REQUIREMENTS

ILA. APPLICATIONS

II.B. POSTING SIGN OR NOTICE

II.C. INCOMPLETE OR INCORRECT APPLICATIONS

II.D. PUBLIC NOTICING OF APPLICATIONS

II.E. AUTHORIZATION TO DISCHARGE

II.F. INSTALLATION OF EROSION AND SEDIMENT CONTROLS

II.G. QUALIFIED PERSON TO INSPECT EROSION AND SEDIMENT

CONTROLS

II.H. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

COMPONENTS

ILL GROUNDWATER PROTECTION PLAN (GPP)

II.J. CONSISTENCY WITH OTHER PLANS

PART III. REQUIREMENTS DURING CONSTRUCTION

III.A. COMPLY WITH APPROVED PLAN

III.B. INSPECTIONS BY QUALIFIED PERSON

III.C. IMPLEMENT ADDITIONAL BMPS TO PROTECT WATER QUALITY

III.D. FEES

PART IV. REQUIREMENTS AFTER CONSTRUCTION

IV.A. VERIFY ALL DISTURBED AREAS ARE STABILIZED

IV.B. RECORDS INSPECTIONS

IV.C. PREPARE FOR TERMINATION

IV.D. TERMINATION OF COVERAGE

Director's Signature Page Appendix A

Appendix B

Appendix C

PART I. INTRODUCTION

I.A. TERMS OF PERMIT

Discharges from sites covered under this General Permit shall not cause or contribute to a violation of 47 C.S.R. 2 (Requirements Governing Water Quality Standards) or 47 C.S.R.

12, (Requirements Governing Groundwater Standards) of the West Virginia Legislative Rules pursuant to WV State Code Chapter 22, Article 11 and Article 12. Discharges that are not in compliance with these standards are not authorized.

I.B. COMPLIANCE REQUIREMENT

Compliance with this General Permit, the approved Stormwater Pollution Prevention Plan and the Groundwater Protection Plan are required upon the beginning of the construction project.

I.C. WATER QUALITY

Subject to 47 WV C.S.R. 10.3.4.a. and 47 C.S.R. 2.4, the discharges covered by this permit are to be of such quality so as not to cause a violation of applicable water quality standards. The permittee must protect the water quality and the existing uses and designations of receiving waters by implementing BMPs. Enhanced BMPs must be used for projects discharging to any waters other than Tier 1 or where standard BMPs are found to be inadequate to protect water quality based on inspections by a Qualified Person, or representatives of the Director of DWWM or the Environmental Protection Agency.

Receiving waters for the exclusive purpose required by the paragraph above and in accordance with 47 C.S.R. 2.4 shall be protected from degradation as explained below:

Tier 1 Protection- Maintains and protects existing uses of a water body and the water quality conditions necessary to support such uses. A waterbody that is listed as impaired on the state's 303(d) list is considered a Tier 1 water as it pertains to the specific pollutant listed.

Tier 2 Protection- Maintains and protects "high quality" waters - water bodies where the level of water quality exceeds levels necessary to support recreation and wildlife and the propagation and maintenance of fish and other aquatic life. Tier 2 is the default assignment for a waterbody not listed as impaired on the state's 303(d) list.

Tier 3 Protection- Maintains and protects water quality in outstanding national resource waters.

Protection of Trout Streams - Waters which sustain year-round trout populations. Excluded are those waters which receive annual stockings of trout, but which do not support year-round trout populations. Waters which meet the definition of 47 C.S.R. 2-2.19 (Requirements Governing Water Quality Standards).

Impaired Streams — Sediment-related impaired waters are those that do not meet applicable water quality standards and are listed on the state's 303(d) list.

Sediment-Related Pollutant of Concern Total Maximum Daily Loads (TMDL) - A TMDL establishes the maximum amount of a pollutant allowed in a waterbody and serves as the starting point or planning tool for restoring water quality.

I.C.1. This permit does not authorize new sources or new discharges of constituents of concern to impaired waters unless consistent with the approved sediment-related TMDL and applicable state law (WV 47CSR10 and WV Code 22-11).

Enhanced BMPs shall be used on projects discharging to all waters of the state except for those classified as Tier 1 streams (other than 303(d) listed). For discharges to sediment-related TMDL waters, the permittee shall use enhanced BMPs as defined in Appendix C of this General Permit.

The Director reserves the right to require Enhanced BMPs for any stormwater discharges associated with land disturbing activities authorized by this permit, upon a finding that water quality impacts have been observed and that standard BMPs cannot adequately protect water quality. However, this finding is not required for discharges already subject to Enhanced BMPs.

I.D. REQUIRED REPORTING

I.D.1. Reporting Spill and Accidental Discharges

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to 47 C.S.R. 11-2. (Special Rules) of the West Virginia Legislative Rules promulgated pursuant to WV State Code Chapter 22, Article 11.

I.D.2. Immediate Reporting

The permittee shall report any noncompliance which may endanger human health or the environment immediately after becoming aware of the circumstances by using the Department's designated spill alert telephone number ((800) 642-3074) and by calling the Director or his representative. A written submission shall be provided within five calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and time, and if, the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

I.D.3. Reportable Quantities

This permit does not relieve the permittee of the reporting requirements of 40 C.F.R.

Part 117 and 40 C.F.R. Part 302. The discharge of hazardous substances in the stormwater discharge(s) from a project is not authorized by this General Permit, and in no case, shall the discharge(s) contain a hazardous substance.

I.E. DIRECTOR'S AUTHORITY TO REQUIRE OTHER PERMITS

In accordance with WV 47CSR10 §13.6.b.2.A, the Director may require any person authorized by this permit to apply for and obtain either an individual NPDES permit or an alternative NPDES General Permit. Any interested person may petition the Director to take action under this paragraph. The Director may require any owner or operator authorized by this permit to apply for an individual NPDES permit only if the owner or operator has been notified in writing that such a permit application is required.

I.F. ALLOWABLE DISCHARGES

All discharges authorized by this permit shall be composed entirely of stormwater.

I.G. PROHIBITED DISCHARGES

The following discharges are not authorized by this permit.

Sediment laden stormwater that has not gone through an appropriate best management control;

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:

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

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

Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and soaps, solvents, or detergents used in vehicle and equipment washing, or external building washdown.

Toxic or hazardous substances from a spill or other release.

This permit does not authorize the conveyance, diversion, channeling, directing or otherwise allowing the discharge of stormwater into a sinkhole without an Underground Injection Control Permit.

PART II. PRE-CONSTRUCTION REQUIREMENTS

PRIOR TO CONSTRUCTION, the following are required:

A complete application, prepared by a Qualified Person, for authorization to discharge stormwater from construction related land disturbance shall include:

o Installation of a sign at the entrance to the project or posting of a notice in a public place in close proximity to the construction site as indication the application has been submitted;

o Timely corrections or submission of additional information to provide clarity about the proposed construction project, as requested by the Director;

o Cooperation with the public notice process, when appropriate, by making prompt payment to the local newspaper that will publish the Class I legal advertisement, effectively notifying the public that the application is pending;

o Making timely changes to the application, as necessary, based on public input; and

After receiving Director's approval and before beginning construction activities:

Install sediment and erosion controls;

Qualified Person inspects the newly installed sediment and erosion controls.

o Impounding structures not built as approved shall be inspected and documented as meeting the trapping capacities and efficiencies of the structures approved in the registration.

II.A. APPLICATIONS

II.A.1. Application Requirements

Submittal of the application shall be made using the online Electronic Submission System, unless otherwise approved by the Director. All documents must be signed in accordance with the signatory requirements described in Appendix A.7.

II.A.1.a. Application Fee

The application fee shall be paid in full prior to the Director reviewing the application. Fee amounts listed in and subject to changes in the NPDES Fee Schedule C.S.R. 47-26.

II.A.1.b. Public Notice Advertisement

The following applications are subject to Public Notice in a local newspaper therefore, the Notarized Statement for Billing form is required with the application:

Land disturbance of 100 or more acres;

Projects of 3 acres or more with a grading phase lasting one year or longer which will not meet final stabilization, as defined in Appendix C of this General Permit, by the end of the year; and

Projects discharging to Tier 3 streams.

The Director reserves the right to require advertisement for any other application type.

II.A.1.c. Large Construction Projects

Projects disturbing 3 or more acres of land shall submit an application containing:

Application Form, to include template for the sign Stormwater Pollution Prevention Plan;

Groundwater Protection Plan;

Pre-Construction Drainage Map During Construction Drainage Map showing the proposed location of all drainage structures and associated access routes;

Post Construction Drainage Map;

Annual Progress Map if permitted for longer than one year;

Detailed Site Plan (Maps) showing Limits of Disturbance and Receiving

Waters; and Design Details for:

o Sediment basins, road, cut and fill cross sections, and other engineered structural design calculations; and o Other controls to include post-development stormwater management plans required by local governments

Applications for Large Construction Projects shall be submitted 60 days before the anticipated date construction is to begin.

o Applications for Large Construction Projects requiring Public Notice per II.A.1.b. shall be submitted 100 days before the anticipated date construction is to begin.

II.A.1.d. Minor Construction Projects

Projects disturbing 1 to < 3 acres of land, other than single-family homes as explained in Part II.A.1.e. below, shall submit an application containing the following:

Application form, to include template for the sign Stormwater Pollution Prevention Plan;

Groundwater Protection Plan;

Pre-Construction Drainage Map;

During Construction Drainage Map showing the proposed location of all drainage structures and associated access routes;

Post Construction Drainage Map;

Annual Progress Map if permitted for longer than one year;

Detailed Site Plan (Map) showing Limits of Disturbance and Receiving Waters Typical Design Details.

Applications for Minor Construction Projects shall be submitted 30 days before the anticipated date construction is to begin.

o Applications for Projects requiring Public Notice per II.A.1.b shall be submitted 100 days before the anticipated date construction is to begin.

II.A.1.e. Construction of Single-Family Homes: Ito < 3 Acres

Projects for construction of Single-Family Homes of 1 to <3 acres including offsite borrow and waste sites, by the homeowner or homeowner's contractor are subject to this permit and shall submit:

Application Form; and Agreement to use DWWM Individual House Sample Sediment and Erosion Control

Plan found in the West Virginia Erosion and Sediment Control BMP Manual (BMP Manual), or other BMPs that are orally protective of water quality.

Applications for construction of Single-Family Homes of 1 to < 3 acres shall be submitted 30 days before the anticipated date construction is to begin.

II.A.1.f. Offsite Waste and Borrow Areas

Offsite waste and borrow areas one acre or greater must be included in applications and approved before material may be removed from or accepted at the site. Such areas must be included in the application when associated with single-family homes, linear projects, or any other construction project. Offsite waste or borrow sites less than one ace in size that are not contiguous to the construction site must provide sediment and erosion controls and may be included with the application, however, there is no requirement to do so unless otherwise required by the Director.

If a waste/borrow area is not known during the initial application, the registration can still be issued. Once the location of a waste/borrow area is identified it is the responsibility of the applicant to modify their registration to include contiguous area(s) or non-contiguous areas of one acre or more. When the permittee does not have "legally ability to control" noncontiguous areas of one acre or more, the permittee may contact the DEP to inquire if the non-contiguous acre or more has been properly permitted and therefore, a site suitable for waste or borrow. The permittee may also make an inquiry of the party that does have the "legal ability to control" the non-contiguous site if it is properly permitted before accepting material from or sending material to the site.

When contaminated soils are identified, a soil handling plan shall be provided.

Contaminated soil is not suitable material for borrow or fill unless approved by the Director.

II.A.2. Emergency Procedures

When 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, authorization to discharge is conditioned that a complete and accurate application is submitted within 30 calendar days after commencing earth-disturbing activities establishing eligibility under this permit.

Documentation to substantiate the occurrence of the public emergency must be included in the application.

II.B. POSTING SIGN OR NOTICE

Within 72 hours of filing an application, the applicant shall display a sign for the duration of the construction project near the entrance of the project or, for linear projects, at a location near an active part of the project that is accessible by the public; containing the following information:

The applicant's name and emergency telephone number;

Project Reference ID;

For info on this stormwater permit

Call: 800-654-5227 or DEP. Comments@wv.gov.

Permit Number (See II.B.4.)

II.B.1. The sign shall be a minimum of two feet by two feet and be at least three feet above ground level; clearly visible and legible from a public roadway or right-of-way.

II.B.2. If it is not feasible to display a sign at or near the project, the applicant may post, within 72 hours of filing the application a notice containing the foregoing information at a local public building, including, but not limited to, a town hall or public library.

II.B.3. The application shall provide the location where the sign or notice is to be posted.

II.B.4. Within 7 business days of assignment of the permit registration number, the applicant shall affix such number to the sign or to the posted notice.

II.C. INCOMPLETE OR INCORRECT APPLICATIONS

As the application is evaluated by the Director, notice may be sent to the applicant during the review period that the plan does not meet one or more of the specific minimum requirements of this permit. After such notification, the applicant shall have 30 days to resubmit the application.

II.C.1. An applicant needing additional time to respond to requests for changes or additional information must request an extension prior to the end of the 30 days, or:

The Director may terminate the application, after making a reasonable attempt at, and being unsuccessful in, contacting the applicant to provide notice of the pending termination o The Director may cause a pending termination message to be sent from his official mailbox which has an email address DEPNPDESEP@wv.gov to the applicant's email address as listed on the registration application.

o It is the responsibility of the applicant to keep the Director informed of accurate contact information, and in lieu of a successful notice from his official mailbox, the Director may attempt to contact the applicant by phone to provide notice of the pending termination.

Upon successful contact with the applicant, the Director has the option of terminating or extending the due date for resubmission of the application.

II.D. PUBLIC NOTICING OF APPLICATIONS

The Applicant shall cooperate with the public notice of applications required by Part II.A.1.b:

Making payment for a Class I Legal Advertisement concerning the application to the local newspaper with the largest readership in the vicinity of the proposed project.

Obtaining from the newspaper, and submitting to the Director, an affidavit of the publication of the Class I Legal Advertisement.

II.E. AUTHORIZATION TO DISCHARGE

The applicant is prohibited from disturbing land prior to obtaining approval from the Director for activities covered by this permit. The Director shall send an approval or denial of the application via his official mailbox, DEPNPDESEP@wv.gov and, The Director has no further obligation to attempt to verify the applicant received the approval or denial, as

It is the responsibility of the applicant to keep the Director informed of up-to-date and accurate contact information.

The Applicant shall maintain a copy of the approval from the Director onsite and make it available to DWWM Personnel or the public upon request.

II.F. INSTALLATION OF EROSION AND SEDIMENT CONTROLS

After receiving approval from the Director and before beginning construction activities, the permittee shall install erosion and sediment control BMPs in accordance with the approved registration. BMPs shall be in place and functional prior to land disturbance. For registrations proposed to be completed in multiple phases, the BMPs for each phase must be constructed and functional prior to land disturbance beginning in that phase. Erosion and sediment control BMPs shall be implemented in accordance with standard procedures set forth in the BMP Manual, however, other BMPs may be used if equally protective of water quality.

II.G. QUALIFIED PERSON TO INSPECT EROSION AND SEDIMENT CONTROLS

The permittee shall ensure that all newly installed erosion and sediment control BMPs are inspected by a Qualified Person. Any defective controls identified during the inspection must be repaired and/or installed correctly within 24 hours and corrections verified upon re-inspection by the Qualified Person.

Construction activities may begin after the Qualified Person inspects and finds that all erosion and sediment control BMPs are installed properly in the areas where earth disturbing activities are planned to commence.

Sediment control BMPs shall be constructed in accordance with the approved registration (Part II.A.1.c. and A.1.d.). All basins and traps not constructed in accordance with the approved registration shall be inspected and documented by a Qualified Person as affording the same trapping capacity and efficiency as the approved structures. Thereafter, routine inspections of the structures by a Qualified Person shall be conducted in accordance with III.B. until structure removal. All documentation of inspections shall be kept on site during construction on a form, prescribed by the Director for the length of the construction project.

II.H. STORMWAIER POLLUTION PREVENTION PLAN (SWPPP) COMPONENTS

SWPPPs shall be prepared in accordance with good engineering practices and retained per 11.H.5. The plan shall identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges associated with construction activity. The plan shall describe and ensure the implementation of practices that are to be used to reduce the pollutants in stormwater discharges associated with construction activity and to assure compliance with the terms and conditions of this permit. The SWPPP shall be prepared by a Qualified Person.

II.H.1. Nature of the Activity

The SWPPP shall contain a description of the nature of the construction activity, including a proposed timetable for major activities such as: cut and fill plans, proposed road construction or upgrades, grading plans, and a narrative of the pollution prevention techniques proposed to be implemented before, during and after construction. A schedule for major grading activities and stabilization measures to be initiated shall be included in the description

II.H.1.a. Maps

Site maps shall contain a North arrow with sites oriented to the North, with a minimum of five-foot topographical contours. The maps shall include:

Nearest receiving streams, springs, surface waters to the site;

Limits of all areas to be disturbed (LOD);

Existing roads including public roads from which access to the site will be constructed;

Access roads;

Drainage patterns during and after construction with the outlet markers depicting the stormwater discharge points;

Slopes prior to construction and anticipated conditions after grading activities;

Location of topsoil stockpiles;

Waste areas of 1 acre or greater within or contiguous to the construction site;

Borrow sites of 1 acre or greater within or contiguous to the construction site;

Locations and identification of sediment control structures;

Total acreage and location of impervious areas after construction is complete;

Location of rain gauge provided by the applicant or a statement the applicant will obtain the precipitation event information from a National Oceanic Atmospheric Administration (NOAA) weather station that is representative of the location and provide the Station ID Number;

Post-development stormwater management structures required by local governments;

Final stormwater conveyances, including all ditches and pipe systems;

Property boundaries and easements; and A legend, complete with any other information necessary to describe the project in detail.

The project shall be illustrated in an ArcGIS Shapefile (.shp) or in an AutoCAD Drawing (.dwg).

II.H.l.b. The map shall be accompanied by a description of an estimate of the total area of the site, the part of the site that is expected to undergo excavation or grading, and the total amount of excavation by cut and fill as well as an explanation of where excavated material will be moved from, and to, on the site.

Cross sections that accurately depict the surface configuration at any project area proposing a fill with a contributing drainage area of one acre or more shall be included with the mapping information. A description of measures to be taken to reduce the potential for subgrade saturation and ensure stability of fill areas shall be submitted. The cross-section shall be developed from sufficient slope measurements to adequately represent the existing land configuration of the proposed project area. Fill slope lines, original ground line, proposed keyway cut or rock toe key, drainage provisions and/or alternates shall also be identified.

II.H.1.c. For each Large Construction Project an evaluation point shall be selected. The pre-construction peak discharge from a 1-year, 24-hour storm in cubic feet per second and the post-development peak discharge from a 1-year, 24-hour storm in cubic feet per second shall be calculated at the evaluation point.

If post-construction peak discharge is 10% (or more) greater than the pre-construction peak discharges of 5 cubic foot per second or more for the 1-year, 24-hour storm, at the evaluation point, post-construction stormwater management BMPs must be implemented to reduce potential erosion at the discharge point location. Calculations and justification must be submitted if post-construction stormwater management features are deemed unnecessary. The evaluation point will be the location for discharge, therefore, controls must be put in place to prevent erosion from stormwater released from the construction site.

The design procedures shall follow professionally accepted engineering and hydrologic methodologies.

II.H.1.d. Each road or access road shall be classified as either permanent or temporary and categorized as Construction Activity — New or Improved; Incidental Construction Activity;

or Maintenance Only.

Temporary roads shall be reclaimed as soon as practical after they are no longer needed for operations.

New or Improved roads shall be designed with the complete specifications along the entire road.

Incidental Construction Activity necessary to address rills and gullies and other drainage issues, shall be designed with the complete specifications on that specific segment.

Maintenance only means to be graveled only.

The SWPPP shall contain plans and specifications for each road or access road requiting construction activities within the LOD area. The plans and specifications shall include a map, stationed baseline, appropriate profile and cross sections, gradients, flow patterns, surfacing materials, cuts, fill, embankments, drainage ditches, culverts/water bars, and erosion and sediment structures.

Each road or access road shall be designed with the following specifications:

Stone access entrance and exit drives.

Parking areas to reduce the tracking of sediment onto public or private roads.

All unpaved roads on the site shall be graveled or have other durable surface unless the application contains a statement that the affected landowner disagrees with this requirement. The applicant shall provide the land use, such as agriculture, and shall describe the BMPs chosen to effectively control sediment and erosion. Unpaved roads shall be stabilized in accordance with II.H.1.d.1. the roadbed shall be seeded and mulched.

The maximum pitch grade shall not exceed 15%.

The surface shall pitch toward the ditch line at a minimum slope of 2% to 4%. A road located in an area that doesn't have hillside runoff may be crowned with a minimum slope of 2% to 4% from the center line.

A ditch shall be provided on the inside of any road having hillside runoff, with ditch relief culverts and/or water bars spaced according to grade and installed wherever necessary to insure proper drainage of runoff water beneath or through the access road.

Ditch lines shall be capable of passing the peak discharge of a 10-year, 24-hour precipitation event.

Ditch relief culverts shall be capable of passing the peak discharge of a 2-year, 24-hour precipitation event and placed at a spacing using the formula: 400% grade + 75' = culvert spacing.

Sediment control shall be provided at the inlet by sumps, rock checks, or equal structure and the slope at the outlet end shall be protected with an apron of rock riprap, a water energy dissipater, or other similar structure.

Alternative design criteria for access road drainage may used, but only when approved by the Director.

II.H.1.d.1. A road not to be retained as a permanent road shall be reclaimed as soon as practical after it is no longer needed for operations. The reclamation shall include:

Removing and disposing of road surfacing materials that are incompatible with prior land use and revegetation requirements; and

Reshaping cut and fill slopes as necessary to be compatible with the land use and complement the natural drainage pattern of the surrounding terrain.

Prior to abandonment of access roads, efforts shall be made to prevent erosion using culverts, water bars, or earth berms. Water bars or earth berms shall be installed according to the following formula for spacing: 400% grade + 75' = water bar or earth berm spacing.

Upon abandonment, the roadbed shall be scarified or ripped, and all areas associated with access roads shall be immediately seeded and mulched.

II.H.1.d.2. The application for registration shall identify existing All-Terrain Vehicle (ATV) trails to be retained by the landowner upon termination of the permit registration. ATV trails that are not shown with the original application may be identified through a minor modification to the registration. ATV trails shall be maintained by the applicant and stabilized upon conclusion of construction when not identified in the registration as a landowner accepted trail. Stabilization shall include the vehicle travel lanes for all trails not accepted by the landowner. During construction, the applicant shall maintain the trails and include trail areas during inspections to prevent sediment laden stormwater runoff from entering the waters of the state.

II.H.l.e. Impact Reduction

Site maps shall also include the location and type of stabilization methods for all disturbed areas. Plans shall ensure that existing vegetation is preserved where attainable. Efforts shall also be made to limit disturbance on steep slopes, minimize soil compaction, and preserve topsoil where feasible. A description of interim and final stabilization practices, including site specific implementation schedules of the practices shall be provided and may include:

temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures.

II.H.1.e.1. The SWPPP shall contain stabilization practices to ensure that disturbed portions of the site are stabilized as rapidly as possible. Satisfactory stabilization means all disturbed areas shall be covered by permanent protection such as pavement, pervious pavement, compacted gravel, buildings, waterways (riprap, concrete, grass, or pipe), a healthy, vigorous stand of grass or native vegetation that uniformly covers more than 70% of the ground, stable outlet channels with velocity dissipation which directs site runoff to a natural watercourse, and any other structure or material approved by the Director.

II.H.1.e.2. Vegetative practices shall describe seedbed preparation requirements and the type and amount of soil amendments necessary to establish a healthy stand of vegetation. Soil maps shall be submitted.

For projects with unknown sources of potential borrow material or when excavation is necessary before adequate soil amendments may be determined, the Qualified Person shall, as soon as materials are located or excavated, prepare the soil amendment plan. The plan shall become a part of the records retained in accordance with Part II.H.5.

II.H.2. The SWPPP shall be signed in accordance with Appendix A.7. and retained onsite throughout the course of the project.

II.H.3. Potential Pollutants

The SWPPP shall include a complete list and description of potential pollutants at the project site such as products used in the operation and maintenance of vehicles and equipment as well as construction of buildings, parking lots, and other structures. The erosivity of soils must be considered when selecting erosion and sediment control BMPs.

II.H.3.a. Potential pollutants can be identified by including:

A report showing the soil mapping units associated with the proposed area and a table with a description of each map unit, acres in the permit area, and percent of permit area;

Identification of soils and a soil handling plan;

A statement whether cement will be mixed onsite or delivered by truck;

A description of the types of equipment to be used, serviced, repaired, or cleaned onsite;

A description of the products to be used in construction of buildings and parking lots;

A statement whether fertilizers, herbicides, and pesticides will be used on the site including a schedule of application; and A description of the post-development use of the site.

o Certain post-development discharges might require further approval for discharges from the Director, under an individual permit or other general permit.

11.H.3.b. Include a description of the controls and procedures for preventing potential pollutants from entering stormwater runoff, based on II.H.3.a.

II.H.3.b.1. Design, select, and identify erosion and sediment control BMPs. The BMPs should be selected from the BMP Manual. Alternative BMPs may be used if determined by the Director to be equally protective of water quality.

II.H.3.b.2. Projects discharging to any waters other than Tier 1 require the use of enhanced BMPs, such as:

Inspection of all erosion and sediment control BMPs within disturbed areas at least once every four calendar days and within 24 hours after any precipitation event greater than 0.25 inches per 24 hours period.

Repairs or maintenance to BMPs shall be performed within 24 hours, however, permittees must implement alternate BMPs prior to storm events while awaiting repair of the primary enhanced BMP.

Temporary seeding and mulching within 4 days when areas will not be re-disturbed for more than 14 days.

Permanent seeding and mulching within 4 days of reaching final grade.

Final stabilization within 4 days after construction has been complete.

If the time frame associated with enhanced BMP's are unobtainable due to weather conditions, a narrative justification shall be made and maintained onsite for review by the Director.

Additional filtration BMPs should be selected from the BMP Manual, however filtration BMPs from other manuals may be approved, if equally protective of water quality.

Within six months of notification from the Director of a new sediment-related TMDL approval applicable to construction activities, permittees must incorporate any implement enhanced BMPs for discharges to the receiving waters subject to the TMDL.

II.H.3.b.3. Hay or straw bales shall not be used as primary or secondary filtering devices;

Polymers, flocculants, or other treatment chemicals may be used only in accordance with good engineering practices and specifications for use by the chemical provider/supplier. The use of cationic treatment chemicals is prohibited;

II.H.3.b.4. Identify a specific location and procedure for rinsing mobile mixing drums or truck drums. The procedure must name an appropriate control for the wastewater created by such rinsing and fully explain how the permittee will prevent wastewater from entering stormwater runoff;

II.H.3.b.5. Describe procedures to prevent spillage, leakage, and improper disposal of fuel, oil, grease, solvent, soap, and cleaning plans. The procedures must explain how these products will be handled to prevent any pollutants from entering stormwater.

II.H.3.b.6. Describe how washout and cleanout of stucco, paint, form release oils, curing compounds, bituminous asphalt, and other construction materials will be managed to prevent pollutants from entering stormwater runoff;

II.H.3.b.7. Describe an employee training program for all on-site personnel directly involved with construction activities at all levels of responsibility that reiterates the components and goal of the SWPPP.

Training should address topics such as spill and leak response and internal reporting, good housekeeping, and routine inspection and maintenance.

Training shall be on a quarterly basis while construction activities are occurring.

A list of attendees and topics covered at each training session shall be documented and maintained in the SWPPP.

II.H.3.b.8. A natural vegetative buffer shall be provided adjacent to receiving streams or other waters on or near the project site. Vegetative buffers shall be a minimum of 50 feet, however;

A natural vegetated buffer may not be used as a stand-alone erosion and sediment control practice but must be used in conjunction with other BMPs.

Vegetative buffer strips are not required if:

o A natural vegetative buffer does not exist in pre-construction conditions, such as when the buffer has already been removed by existing developmental or agricultural activities; or o The receiving water is a man-made stormwater conveyance or storage structure, such as a ditch or storm water pond; or o Project activities occur within waters approved under a Clean Water Act (CWA) Section 404 permit and Section 401 water quality certification; or o The projects located where the vegetative buffer must be encroached to construct necessary infrastructure, such as a utility line or an access road.

Justification for any encroachment may be subject to approval by the Director; or o Linear projects where right-of-way acquisition or area is limited.

II.H.3.b.9. All diversions constructed to final grade, including clean water diversions shall be stabilized prior to becoming functional. Internal construction diversions must be stabilized upon reaching final grade.

Divert flows around exposed soils and limit runoff from exposed areas with BMPs such as:

o Silt fences, earthen dikes and berms, land grading, diversions, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, rock outlet protection, reinforced soil retention systems and geotextiles, gabions and riprap, and permanent and temporary sediment traps/basins.

o Fill slopes must be protected by measures used to divert runoff away from fill slopes to conveyance measures such as pipe slope drains or stable channels.

o BMPs should be selected from the BMP Manual, however, other BMPs may be approved if equally protective of water quality.

If necessary, diversions will be used to direct runoff to the trapping structure.

o Diversions to trapping structures must be stabilized as they are brought to final grade to prevent sediment laden water from leaving the site.

o Diversions shall have the capacity to pass safely the peak discharge from a 10-year, 24- hour precipitation event.

II.H.3.b.10. For locations on a site that have a drainage area of five acres or less, a sediment trap which provides a storage volume equal to 3,600 cubic feet per acre of drainage area shall be installed. Half of the volume of the trap shall be in a permanent pool and half will be dry storage. A sediment trap must be able to pass through the spillway(s) a 10-year, 24-hour precipitation event, and still maintain at least one foot of freeboard.

II.H.3.b.11. For drainage areas of greater than five acres, a sediment basin providing 3,600 cubic feet per drainage acre shall be installed. Half of the volume of the basin shall be in a permanent pool and half shall be dry storage. Sediment basins must be able to dewater the dry storage volume in 48 to 72 hours. However, this requirement may be waived at the discretion of the Director when skimmer devices are used. Dewatering structures must withdraw from the surface, unless infeasible. A sediment basin must be able to pass through the spillway(s) a 25-year, 24-hour precipitation event, and still maintain at least one foot of freeboard.

II.H.3.b.12. For locations served by a common drainage where a sediment basin providing 3,600 cubic feet of storage is not attainable or dewatering structures that withdraw from the surface are not feasible, enhanced BMPs within the project area are required in lieu of the required sized sediment basin. Justification and a narrative description of the additional measures proposed must be provided for use of any practice(s) other than sediment basins or traps.

II.H.3.b.13. Protection must be provided for the inlet(s) and outlet(s) of a sediment trapping structure to protect against erosion by an appropriate material such as riprap or other similar media.

II.H.4. Preventative Maintenance

The SWPPP shall include a description of procedures to maintain in good and effective condition and promptly repair or restore all grade surfaces, walls, dams and structures, vegetation, erosion and sediment control measures and to identify and address conditions that could cause breakdowns or failures resulting in discharges of sediment to surface waters including:

Good housekeeping protocols to ensure a clean and orderly project. This includes minimizing the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to stormwater;

All solid waste and construction/demolition material must be disposed of in accordance with the Code of West Virginia and Legislative Rule Title 33 Series 1, (Solid Waste Management Rule);

At a frequency, sufficient to keep roads and streets clean, all public and private roads and streets adjacent to a construction site must be cleaned of debris, mud, and dirt tracked or originating from the project site;

Provisions must be made to control fugitive dust on and originating from the construction site.;

Spill prevention and response procedures - Areas where potential spills may occur, and their accompanying drainage points, shall be identified clearly in the SWPPP. Also, where appropriate, specify material handling procedures and storage requirements.

Procedures for cleaning up spills shall be identified in the plan and made readily available to the appropriate personnel. The necessary equipment to implement a cleanup shall be available to personnel, including spill kits.

II.H.5. Record Keeping

The permittee shall retain all records required by this permit for a period of 3 years from the date permit coverage is terminated. This includes, but is not limited to:

Personnel training records;

Incident reports of spills, leaks and improper dumping;

Field modifications;

Inspection and maintenance records;

Corrective action reports.

All SWPPPs required under this permit are considered reports that shall be available for review to the public under Section 308(b) of the CWA and WV Code 29B-1-1. The permittee may claim any portion of a SWPPP as confidential to the extent permissible by 47 C.S.R. 10-12.7. (NPDES Program).

All GPPs are considered reports and shall be made available as required by WV Code 29B1-1.

II.I GROUNDWATER PROTECTION PLAN (GPP)

GPPs shall be prepared in accordance with the requirements of 47 C.S.R. 58-4.11. et seq. (Groundwater Protection Regulations). GPPs shall be submitted as required by 47 C.S.R. §4.12.e.l.

The GPP shall identify all operations that may reasonably be expected to contaminate groundwater resources with an indication of the potential for soil and groundwater contamination from those operations. In addition, the GPP shall provide a thorough and detailed description of procedures designed to protect groundwater from the identified potential contamination sources. Guidance in the completion of a GPP is available from the

DWWM.

II.I.1. The GPP shall be a stand-alone document and shall be submitted with the registration as such, rather than as a component of the SWPPP, II.I.2. GPP Elements

The GPP shall include the following…