OR FS ERFO 2020(1)-14(1) OR_CompiledESCP_Final.pdf

Erosion and Sediment Control Plan

ESCP

For:

Federal Highway Administration Western Federal Lands Highway Division

Table of Contents

ESCP TABS

TAB 1: BLANK

TAB 2: OR DEQ NPDES Permit (1200-CA)

TAB 3: NOI (not required), DEQ Correspondence (when required)

TAB 4: Delegation of Authority

TAB 5: Site Maps (Indicate Wetlands, Waters, other Waterbodies)

TAB 6: Erosion/Sediment Control Plan Sheets (Plan Set and BMP Typical Details)

TAB 7: Revegetation Plan (if applicable)

TAB 8: ESCP Amendment Log

TAB 9: Inspection Reports

TAB 10: Corrective Action Log

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

TAB 12: Training/Certification Log

TAB 13: Government-Selected Waste, Borrow, Staging Sites (Indicate BMPs at Each Site)

TAB 14: Grading and Stabilization Log

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

TAB 16: Quality Assurance Checklist

Tab 1 - BLANK

Tab 2 - OR DEQ Permit (1200-CA)

Permit Number: 1200-CA Effective Date: September 15, 2022

Expiration Date: September 14, 2027

~ GENERAL PERMIT

rill NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

I•]~•] STORMWATER DISCHARGE PERMIT

S1atoof0rogoo Depertment of Environmental Quality

ISSUED TO:

Oregon Depattment of Environmental Quality 700 NE Multnomah St. Suite 600, Pottland, OR 97232

Telephone: (503) 229-5279 or 1-800-452-4011 (toll free in Oregon) Issued pursuant to ORS 468B.050 and The Federal Clean Water Act

All public agencies responsible for construction activities with stormwater discharges that are covered by this permit.

The submittal of an approved application and payment of applicable fees are required.

PERMIT AREA

This 1200-CA Stormwater General Discharge Permit authorizes discharges in Oregon excluding tribal trust and reservation lands.

SOURCES COVERED BY THIS PERMIT

Permit coverage is required under this General Permit if the following activities under the authority or jurisdiction of a public entity have the potential to discharge to surface waters or to a conveyance system that leads to surface waters of the state in Oregon and do not have coverage under another NPDES permit:

a) Any construction activity, materials or equipment staging and stockpiling that will disturb one or more acres of land; or

b) Any construction activity, materials or equipment staging and stockpiling that will disturb less than one acre of land but is patt of a common plan of development or sale that will ultimately disturb one or more acres of land;

or

c) Any construction activity that results in the disturbance of less than one acre of land that is a necessary and required component ( e.g., utilities, structure or infrastructure) of a final project that will ultimately disturb one or more acres of land; or

d) Any construction activity that may discharge storm water to surface waters of the state that may be a significant contributor of pollutants to waters of the state or may cause an exceedance of a water quality standard.

Expiration Date: September 14, 2027

Expiration Date: September 14, 2027

LIMITATIONS OF COVERAGE

This permit does not authorize:

a. In-water work or projects that may result in the discharge of fill or dredged material into waters of the U.S. and the state.

1. DEQ recommends permit registrants identify, apply for and resolve any state (Department of State Lands) or federal (US Army Corps of Engineers) and DEQ 401 water quality ceitification requirements before obtaining 1200-CA NPDES permit coverage to prevent unintended non compliance situations with other regulatory programs. If additional regulatory requirements, such as those listed in above, are deemed necessary by other regulatory jurisdictions for the construction activity identified in the erosion and sediment control plan, the permit registrants may be required to significantly alter the project and erosion and sediment controls to accommodate other regulatory jurisdiction requirements.

b. Stormwater discharges associated with industrial activities [as defined in 40 CFR §122.26(6)(14)] or storm water associated with municipal separate storm sewer systems [as defined in 40 CFR § 122.26(6 )(8) and (6)(16)]. Such discharges are regulated through DEQ's NPDES Industrial Stormwater General Permits (1200-A/Z) or DEQ's NPDES MS4 Stormwater Permits; or another appropriate NPDES permit.

c. Post-construction stormwater discharges that originate from the site after completion of construction activities and the site is stabilized.

d. Stormwater discharges to underground injection control (UIC) systems.

Unless specifically authorized by this permit, by another NPDES or WPCF permit, or by Oregon Administrative Rule, any other direct or indirect discharge to waters of the state is prohibited.

Permitted Activities

Until this permit expires or is modified or revoked, the permit registrant is authorized to construct, install, modify, and operate erosion and sediment control measures and storm water treatment and control facilities, and to · discharge storm water to public waters in conformance with all the requirements, limitations and conditions set forth in the attached schedules as follows:

Table of Contents

Effective Date: September 15, 2022

Expiration Date: September 14, 2027

SCHEDULE A

CONTROLS AND EFFLUENT LIMITATIONS

1. Application requirements for obtaining permit coverage

2. Discharge authorization

3. Annual fee .. .................... .... ........... ... ... .... .... .... .. ...... ...... .... ..... .... ....... .... ..... ............... ..... . :

4. Multiphase development .. ··:····· ······ ··· ·········· ······· ····· ········· ······· ····· ········ ·············· ·········· ················ .. ··········· ······· ······· 1

5. Construction projects that disturb five or more acres ............................. .. . :

6. Environmental Manage1nent Plan

7. Procedures for denial or revocation of coverage

8. Renewal application for permit coverage

9. Electronic system use require1nent

10. Authorized discharges under this permit

10.1 Storm water discharge including storm water runoff, snowmelt runoff, and surface water

10.2. Stormwater discharge from construction support activities at the construction site when:

11. Authorized non-stonnwater discharges

11.1. Combined discharges .. .... ... .. ..... .... .. .... .... ..... .. ..... ... ..... .. .. .. .. .. ... ........... .. .. .... .. .... .. .. .... .. .. ... .. ........ ...... :

12. Prohibited discharges ............... ....... . ·

13 . Technology based effluent limitations/control measures .............................. :

13 .1. General storm water control design installation, and maintenance requirements

13.2. Erosion prevention and sediment control and treatment requirements

13 .3 . Pollution prevention controls

13.4. Construction dewatering requirements ........... .. ... .. ..... .. ........ ............ :

14. Water quality based effluent limitations and associated requirements for storm water discharges

14.1. General effluent limitations to meet applicable instream water quality standards

14.2. Water quality !united stremns

15. Erosion and Sediment Control Plan (ESCP)

15 .1. Qualifications to develop ESCP

15 .2. Design the ESCP to 1neet the objectives

15.3 . ESCP for each phase of construction activity

15 .4 . ESCP contents

15 .5. ESCP certification

15 .6. ESCP attachtnents

15.7. On-site availability of the ESCP

15.8. ESCP revisions

15.9. Sub1nission ofESCP revision to DEQ

Expiration Date: September 14, 2027

15.10. Prior to commencement of construction activities

15.11. Permit Registrant is responsible for ensuring that all activities on the site comply with the requirements of the pennit

16. Corrective Actions

16 .1. Corrective action titnelines

16.2. Corrective action docu1nents

16.3. Submit a corrective action report to DEQ

SCHEDULE B

MINIMUM MONITORING AND RECORDKEEPING REQIREMENTS

17. Visual monitoring of site and reporting requirements

17 .1. Person(s) responsible for visually monitoring the project site

17.2. Frequency of visual monitoring inspections

17 .3 Reductions in visual monitorit1g frequency

17.4. Requit'e1nents for visual 1nonitormg

17.5 . Visual 1nonitoring inspection report

17.6. Monitoring requit'e1nents

17.7. Inspections by DEQ

SCHEDULE D

SPECIAL CONDTIONS

4. Pennit Specific Definitions:

SCHEDULE F

NPDES GENERAL CONDITIONS

Section A. Standard Conditions ... ... .. ....... .... .. ..... ......... ... .. .. ......... ..... ...... .. .. ·

1. Duty to Co1nply

2. Penalties for Water Pollution and Permit Condition Violations

3. Duty to Mitigate

4. Duty to Reapply

5. Pennit Actions

6. Toxic Pollutants

7. Property Rights ........ .................... ... ................. ........... ................ ....... ............. ........ ........ ......... ..... ..... ....... ...... ... .. .... ...... .... 3 6

8. Pennit References

SECTION C. MONITORING AND RECORDS

1. Inspection and Entry

SECTION D. REPORTING REQUIREMENTS

1. Planned Changes

2. Anticipated Nonco1npliance

Expiration Date: September 14, 2027

3. Transfers

4. Co1npliance Schedule

5. Twenty-Four Hour Reporting

6. OtherNonc01npliance .. ..... ............ ..... .... ....... .......... .......... ....... ...... .......... ........ .. ..... .... .. ......... ...... ... ........... ... .. .. .............. : .. 37

7. Duty to Provide Information

8. Signato1y Require1nents

9. Falsification of Reports ........................................................................ ............. .. ......................................................... .. .. . 3 8

Expiration Date: September 14, 2027

SCHEDULE A

CONTROLS AND EFFLUENT LIMITATIONS

1. Application requirements for obtaining permit coverage

A complete and accurate application from a public entity must be submitted to DEQ at least sixty (60) days prior to any planned land disturbing construction activities. Construction activities are not authorized until DEQ issues discharge authorization.

The application must include the items below and be submitted to DEQ on Your DEQ Online:

a. A complete and accurate DEQ approved application form; and

b. The application fee and annual fee for the first year of permit coverage according to OAR 340-045-0075, Table 70G.

2. Discharge authorization

Permit coverage for permit registrants that were issued permit coverage prior to August 11, 2022, the issuance date of this permit, begins on September 15, 2022, the effective date of this permit.

Permit registrants issued permit coverage before August 11, 2022, must comply with all conditions in Section 16 by September 15, 2022, the effective date. Permit registrants issued permit coverage before August 11, 2022, must comply with the remainder of the permit conditions by April 1, 2023.

Pennit coverage for new applicants begins when the registrant receives documented notice from DEQ that registration is approved. Permit registrants issued permit coverage after September 15, 2022, must comply with all permit conditions the date permit coverage is issued by DEQ.

3. Annual fee

Registrants must pay the annual fee until DEQ approves termination of permit coverage.

4. Multiphase development

A map and description of each phase of the multiphase development for which land use approvals are approved with the intent of development or maintenance that requires the performing of construction activities must be included in the Erosion and Sediment Control Plan (ESCP). Construction activities, including stockpiling and staging, cannot commence within a phase unless that phase has a developed ESCP that has been submitted to DEQ.

5. Construction projects that disturb five or more acres

Permit registrants that conduct any project under this permit that includes construction activities that disturb or are likely to disturb five or more acres are subject to a 14-calendar day public review period of the Erosion and Sediment Control Plan (ESCP) that meets all permit requirements before any construction activities begin. The permit registrant will post all required and necessary project documents (i.e., site map and ESCP) for the mandatory 14-day public comment period or send to DEQ for posting.

If construction activities expand beyond five acres after construction activities are initiated, a 14-calendar day public review period will be required. During the 14-calendar day public review period, registrants are not authorized to

Expiration Date: September 14, 2027 conduct construction activities in the area expanded beyond the boundaries of the originally submitted ESCP in accordance with 340-045-0033(6)(6). After the public comment period is over, the finalized ESCP must be submitted to DEQ.

6. Environmental Management Plan

The permit registrant must complete an Environmental Management Plan (EMP, see Appendix A), pay the review fee, and submit the required DEQ documents for projects when the following conditions exist or are anticipated. The EMP must be submitted to and approved by DEQ before work may commence on the project site. If these conditions are discovered after registering for'permit coverage, the EMP must be approved by DEQ before work is initiated in the area of contamination. The approved EMP becomes a component of the erosion and sediment control plan. An EMP must be submitted for the following:

a. Contaminated soils, contaminated groundwater or hazardous materials that will or have the potential to be encountered during construction activities. Provide detailed information with the Contaminated Media Management Plan (CMMP) on the nature and extent of the contamination (concentration, location, and depth) as well as pollution prevention and/or treatment BMPs proposed to control the discharge of impacted soil, groundwater or hazardous building materials debris in storm water. In the event that undocumented contamination, underground storage tanks, or other potentially hazardous conditions are encountered that are not addressed in the Environmental Management Plan, discharges exposed to the contaminated media must cease and DEQ must be notified within 48 hours. The discharges exposed to the contaminated media may not occur until DEQ approves the CMMP.

b. Construction dewatering for the purpose of lowering non-contaminated groundwater will be or is performed, and an Active Chemical Treatment System is to be utilized before discharge. An EMP is not required for dewatering accumulated water due to shallow excavation activities, except for when an Active Chemical Treatment System is utilized before discharge from the permitted site (See Section 13.4).

c. An Active Chemical Treatment System (e.g., cationic treatment chemicals, electro-coagulation, flocculants, filtration, anionic polyacrylamide, polymers, hydrochloric or sulfuric acid) for sediment, pH neutralization, or other pollutant removal is planned or implemented at the project site. When "treatment chemicals" are proposed, the permit registrants must demonstrate to DEQ that appropriate controls and implementation procedures are used to ensure that the use of treatment chemicals will not lead to discharges that cause an exceedance of water quality standards or harm aquatic life.

DEQ will determine if the project can have coverage under this permit after the permit registrant has included appropriate controls and implementation procedures designed to ensure that the above activities will not lead to discharges that cause an exceedance of water quality standards. In the absence of authorization, the registrant must apply for and receive coverage under the 1200-C construction stormwater general permit or an individual permit prior to discharging from the site.

An EMP is not required on 1200-CA permit covered projects that began construction activities prior to the effective date of this permit, except for when unknown contaminants are discovered during construction activities performed after the effective date of this pe1'mit.

7. Procedures for denial or revocation of coverage

DEQ may refuse to authorize or revoke coverage under this general permit and require the responsible public entity to apply for an individual NPDES permit in accordance with the procedures in OAR 340-045-0033(10). If that occurs, DEQ will notify the registrant in writing that an individual permit is required .

8. Renewal application for permit coverage

Expiration Date: September 14, 2027

If a registrant intends to continue coverage under this permit after the permit expiration date, a complete renewal application must be submitted to DEQ alorig with any other required documents at least 180 days prior to permit expiration to ensure uninterrupted permit coverage unless DEQ grants permission to submit an application less than 180 days in advance.

9. Electronic system use requirement

Permit registrants must submit all required documents and payments using DEQ's electronic reporting system, Your DEQ Online (YDO) .

10. Authorized discharges under this permit

The following is a list of stormwater discharges that are authorized under this permit provided that all stormwater controls are designed, installed, and maintained as required by this permit:

10.1 Stormwater discharge including stormwater runoff, snowmelt runoff, and surface water.

These stormwater discharges also include drainage associated with construction activity described in the Sources Covered section of this permit.

10.2. Stormwater discharge from construction support activities at the construction site when:

a. The support activity is directly related to the construction site covered by this NPDES permit;

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

c. The support activity does not operate beyond the completion of the construction activity at the last construction project it supports; and

d. The appropriate control measures are implemented to ensure compliance with the discharge and water quality requirements of this permit.

11. Authorized non-stormwater discharges

The following 11011-stormwater discharges from construction sites are authorized if the terms and conditions of this permit are met, all necessaty controls are implemented to minimize sediment transport, the discharge is not a significant source of pollutants and not contaminated and the discharge is not prohibited by local ordinance:

a. Water and associated discharges from emergency firefighting activities;

b. Fire hydrant flushing;

c. Properly managed landscape irrigation;

d. Water used to wash equipment and vehicles (excluding the engine, undercarriage, and wheels/tires) provided there is no discharge of soaps, solvents or detergents used;

e. Water used to control dust;

f. Potable water including uncontaminated water line flushing as approved;

g. External building washdown, provided soaps, solvents, and detergents are not used, and external surfaces do not contain hazardous substances;

Expiration Date: September 14, 2027

h. Pavement wash waters, provided spills or leaks of toxic or hazardous substances have not occurred (unless all spill material has been removed) and where soaps, solvents, and detergents are not used. Directing pavement wash waters into any surface water, storm drain inlet, or stormwater conveyance is prohibited, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control for the pollutants present. The hosing of accumulated sediments on pavement into any storm water conveyance is prohibited;

1. Uncontaminated air conditioning or compressor condensate;

j. Uncontaminated, non-turbid discharges of groundwater or spring water;

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

I. Construction dewatering activities (including non-contaminated groundwater dewatering and well drilling discharge associated with the registered construction activity), provided that:

1. The water is land applied in a way that results in complete infiltration with no potential to discharge to a surface water of the state, or the use of a sanitary or combined sewer discharge is authorized with local sewer district approval; or

II. Best Management Practices and a treatment system approved by DEQ (see Section 6) are used to ensure compliance with discharge and water quality requirements.

11.1. Combined discharges

Discharges of stormwater listed in Sections IO.I and 10.2 combined with authorized non-stormwater discharges in Section 11 into a common conveyance system are allowed.

12. Prohibited discharges

The following dischat;ges are not authorized by this permit:

a. Visually turbid discharge or discharge of sediment (see Section 13.2.11) from the construction site to surface waters or a conveyance system that leads to waters of the state;

b . . A discharge that causes or contributes to an exceedance of any applicable water quality standard;

c. Concrete wastewater from washing tools and vehicles after pouring, prepping or finishing concrete;

d. Wastewater from washing and cleanout of stucco, paint, form release oils, curing compounds and other construction materials;

e. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;

f. Soaps, solvents, or detergents used in vehicle and equipment washing or external building washdown;

g. Wheel/tire wash wastewater, unless the discharge of wheel wash or tire bath wastewater is to a separate treatment system that prevents discharge to surface water, such as closed-loop recirculation or upland land application or to the sanitary sewer with approval from the local jurisdiction;

h. Hydro-demolition water and saw-cutting slurry; and

1. Toxics or hazardous substances from a spill or other release.

13. Technology based effluent limitations/control measures

The control measures in this section are technology-based effluent limitations (TBELs).

13.1. General stormwater control design installation, and maintenance requirements.

Expiration Date: September 14, 2027

The permit registrant must implement erosion and sediment control measures at all times to prevent any visibly turbid discharges or sediment from leaving the project site from initial soil disturbance until project completion. Failure to implement any of the required erosion and sediment control measures or practices, or the discharge of visibly turbid water and/or sediment from the project site is prohibited. The permit registrant must ensure that the erosion and sediment control plan is revised as necessary to reflect site conditions in accordance with the requirements of this permit.

Prior to and during the discharge of stormwater and authorized non-stormwater discharges to surface waters of the state, the registrant must design, install, and maintain effective storm water control and treatment methods required in this section to prevent the discharge of pollutants in storm water from construction activities that may cause or contribute to a violation of water quality standards. To meet this requirement, the registrant must perform the following:

13.1.1. Factors to consider when designing stormwater controls

Consider the following factors when designing stormwater controls:

a. The expected amount, frequency, intensity, and duration of precipitation;

b. The nature of stonnwater runoff and run-on (See Schedule D.4 Permit Specific Definitions) at the site, including factors such as expected flow from impervious surfaces, slopes and site drainage features; and

c. The soil type and range of soil particle sizes expected to be present on the site.

13.1.2. Design and install all stormwater controls in accordance with engineering and professional practices

Design and install all stormwater controls in accordance wi.th appropriate, recognized and generally accepted engineering and professional practices, including applicable design specifications and manufacturer's instructions.

13.1.3. Installation of stormwater controls

Permit registrant must complete the installation of stormwater controls before each phase of construction activities begin as follows:

a. Install and implement any downgradient sediment controls ( e.g., buffers, perimeter controls, discharge point controls, storm drain inlet protection) before construction activity in any portion of the site begins;

b. Install erosion prevention measures (e.g., matting, straw mulch, compost blankets) on areas with exposed soil that will not be worked for 14 days; and

c. Following the installation of stormwater controls for initial construction activities the registrant must adjust stormwater controls and management strategies throughout the project site to meet and match the needs of each phase of construction as the project is implemented.

13.1.4. Ensure that all stormwater controls are maintained and remain effective

Permit registrant must ensure that all stormwater controls are maintained and remain effective during construction activities until project completion and are protected from activities that would reduce their effectiveness including:

a. Follow maintenance recommendations from the manufacturer and utilize appropriate recognized and generally accepted engineering and professional based on-site conditions. The

Expiration Date: September 14, 2027 registrant must document deviations from manufacturer recommendations in the inspection report;

b. Comply with any specific maintenance requirements for the storm water controls implemented as required in this permit and in the ESCP. Regular maintenance is required and is not limited to response actions that result from inspections or identified problems;

c. Initiate repairs and replacements of stormwater controls when maintenance issues are discovered; and

d. Record any stormwater controls installed (where none had previously been), repaired, replaced or removed as required in Sections 16.2 and 17 .5.

13.1.5. Maintaining erosion and sediment controls

Maintain specific erosion and sediment controls as follows:

a. Inspect and maintain erosion control measures (e.g., reseed, apply additional mulch, address blanket malformation and soil sloughing underneath);

b. Remove trapped sediment from sediment fence before it reaches one third of the above ground fence height;

c. Remove sediment before it reaches one third of the above ground height of sediment barriers such as straw wattles and biobags;

d. Clean catch basins and inserts before sediment retention capacity is reduced by 50 percent;

and

e. Remove sediments from sediment basins before design capacity is reduced by 50 percent.

13.2. Erosion prevention and sediment control and treatment requirements

The registrant must implement erosion prevention and sediment control and treatment methods in accordance with the following requirements to prevent the discharge of pollutants in storm water from construction activities. Registrant must ensure that soils are stable during all rain events throughout the year.

13.2.1. Activities before construction commences

Before construction activities commence, the permit registrant must identify and protect any:

a. Riparian areas and vegetation including trees and associated root zones, and vegetation areas to be preserved;

b. Vegetated buffer zones between the site and sensitive areas (e.g., wetlands, springs, groundwater seeps, etc.) and other areas required to be preserved, especially in perimeter areas; and

c. Existing and post-construction stormwater facilities constructed during 1200-CA permit coverage that are designed and engineered to infiltrate or filter storm water. In addition to physical protection, storm water runoff discharge from areas where construction activities are performed may not be conveyed to existing or post-construction facilities during construction. The following exceptions are allowed:

1. Existing post-construction stormwater facilities may receive stormwater runoff from construction activities performed on site if the ESCP states that upon project completion and final stabilization, the top 18" of soil is excavated from the entire surface of the facility and replaced with suitable growth media capable of infiltrating the runoff

PermitNumber: 1200-CA

Expiration Date: September 14, 2027 volume from the drainage area of a 2-year 24-hour storm event or satisfying the hydraulic conductivity criteria specified in the stormwater management requirements of the local regulatory agency.

11. Post-construction stormwater facilities constructed during 1200-CA permit coverage may receive storm water runoff from construction activities on site if upon project completion and final stabilization, accumulated sediment and temporary control measures, such as rip rap, velocity dissipating pads or impermeable liners are removed before the facility is constructed to design specifications.

13.2.2. Sequence clearing, grading, and other land disturbing activities

Permit registrant must sequence clearing, grading and other land disturbing actives to the maximum extent practicable to prevent exposed inactive areas from causing erosion as per Section 13.2.20.

13.2.3. Prevent bypass and ponding

Create smooth surfaces between the soil surface and erosion and sediment controls, when possible, to prevent stormwater from bypassing erosion and sediment controls or ponding.

13.2.4. Establish and maintain natural buffer zones and/or equivalent erosion and sediment controls.

When a surface water of the state is located within 50 feet of the projected site's land disturbance:

a. The permit registrant must comply with local natural buffer zone requirements before proposing the following compliance alternatives. For any discharges to surface waters of the state located within 50 feet of the site's land disturbances, the permit registrant must comply with one of the following alternatives:

1. Maintain a 50-foot undisturbed natural buffer zone (See Section 13 .2.4.b to determine natural buffer zone encroachment authorization on 401 Water Quality Certification projects); or

11 . Maintain an undisturbed natural buffer that is less than 50 feet and is supplemented by erosion and sediment controls that achieve, in combination, the sediment load reduction equivalent to a 50-foot undisturbed natural buffer (See Appendix B); or

m. If infeasible to provide and maintain an undisturbed natural buffer zone of any size, implement erosion and sediment controls to achieve the sediment load reduction equivalent to a 50-foot undisturbed natural buffer zone.

b. If DEQ determines that the project requires a 401 Water Quality Certification, construction activities, including stockpiling and staging of materials, are authorized to encroach into the existing 50-foot natural buffer zone of any water of the state as conditioned in the 401 Water Quality Certification. Projects with 1200-CA permit authorization and a 401 Water Quality Certification are not required to comply with the natural buffer zone requirements of AppendixB.

c. If a registrant's project has the potential to discharge to a waterbody that is listed as impaired and requiring a Total Daily Maximum Load (TMDL) for turbidity or sedimentation on the most recently approved Oregon 303(d) list (found on the "Water Quality Assessment" page of DEQ's website), or has an established TMDL for turbidity or sedimentation, the permit registrant must maintain established vegetated buffers sized at 50 feet (horizontally) plus an

Expiration Date: September 14, 2027 additional 25 feet (horizontally) per five degrees of slope or propose control measures of equal effectiveness to DEQ for approval.

I

d. Sediment and erosion control measures installed for any natural buffer zone requirement must be maintained and disposed of appropriately before project completion.

See Appendix B for natural buffer zone guidance, additional conditions applicable to each compliance alternative, and for exceptions to the compliance alternatives.

For permit registrants that began construction activities prior to the effective date of this permit, the approved natural buffer zone width and approved erosion and sediment controls are deemed appropriate.

13.2.5. Utilize existing vegetation as control and stabilization measures as follows:

a. When possible, preserve existing vegetation;

b. Direct stormwater to vegetated areas to maximize stormwater infiltration and filtering to reduce pollutant discharges where feasible;

c. Re-vegetate open areas as soon as the site is no longer active; and

d. Identify the composition of seed mix (percentage of annuals, perennials and clover) and other plantings used to establish temporary cover in the ESCP.

13.2.6. Install sediment controls along all perimeter areas of the site that may potentially discharge stormwater runoff from disturbed areas identified in the ESCP

For areas at "linear construction sites" (See Schedule D.4 Permit Specific Definitions) where perimeter controls are infeasible (e.g. , due to a limited or restricted right-of-way), implement other practices to prevent pollutant discharges from perimeter areas of the site.

13.2.7. Prevent sediment track-out

To prevent sediment track-out onto public or private roads do the following:

a. Establish graveled or paved exits and parking areas prior to any land disturbance;

b. Restrict vehicle use to properly designated entry and exit points. Use appropriate stabilization techniques at all points that exit onto paved roads (e.g., aggregate stone with an underlying geotextile or non-woven filter fabric and turf mats);

1. Exception: Stabilization is not required for exit points at linear utility construction sites that are used only episodically and for very short durations over the life of the project, provided other exit point controls are implemented to prevent sediment track-out.

c. Implement additional track-out controls as necessary to ensure that sediment removal occurs prior to vehicle exit (e.g., wheel and tire washing, rumble strips and rattle plates);

d. Gravel all unpaved roads located onsite unless temporary or permanent stabilization measures are not required (see Section 13.2.20);

e. Cover all sediment loads leaving the site;

f. When trucking saturated soils from the site, use water-tight trucks or drain loads on site;

g. Where sediment has been tracked-out from the site onto paved roads, sidewalks, or other paved areas outside of the site, remove the sediment by the end of the same business day that the track-out occurs or by the end of the next business day \f track-out occurs on a non-

Expiration Date: September 14, 2027 business day. Track-out must be removed by sweeping, shoveling, or vacuuming these surfaces or by using other similarly effective means of sediment removal; and

h. Hosing or sweeping tracked-out sediment into any stormwater conveyance, storm drain inlet or water of the state is prohibited.

13.2.8. Manage stockpiles or land clearing debris piles composed, in whole or in part, of sediment and/or soil as follows:

a. Locate the piles outside of any natural buffers established under Section 13 .2.1 and away from any stormwater conveyances, drain inlets and areas where stormwater flow is concentrated;

b. Install a sediment barrier ( e.g., berms, dikes, fiber rolls, silt fences, sandbags, gravel bags or straw bale) along all downgradient perimeter areas;

c. Soil stockpiles must be stabilized or covered at the end of each workday and before weekends, holidays or extended breaks of construction activities if a storm event is forecast that may result in any discharge from the project site or wind speeds (typically IO mph or greater) capable of soil erosion that may result in fugitive dust;

d. Provide cover (e.g., tarps, blown straw or hydroseed) or appropriate temporary stabilization consistent with Section 13 .2.20) for any piles not in use; and

e. Hosing down or sweeping soil or sediment accumulated on pavement or other impervious surfaces into any storm water conveyance, storm drain inlet or water of the state is prohibited.

13.2.9. Prevent wind erosion and control dust

Prevent wind-blown soil and dust from areas with exposed soil through the appropriate application of water or other dust suppression techniques to control the generation of pollutants that could be discharged in stormwater from the site. Federal regulation 40 CFR Part 279 prohibits the use of used oil as a dust suppressant.

13.2.10. Steep slope (See Schedule D.4 Permit Specific Definitions) disturbances in areas where construction activities are not occurring or projected are prohibited

13.2.11. Prevent the discharge of sediment to surface waters or conveyance systems leading to surface waters of the state

The following conditions indicate that sediment has left or is likely to leave the site and are prohibited:

a. Required stabilization has not been initiated or completed.

b. Earth slides or mud flows .

c. Concentrated flows of stormwater such as rills, rivulets, gullies or channels that cause erosion when such flows are not filtered, settled or otherwise treated to remove sediment.

d. Sediment laden or turbid flows of stormwater that are not filtered or settled to remove sediment and turbidity.

e. Deposits of sediment at the construction site in areas that drain to unprotected stormwater inlets or to catch basins that discharge to surface waters. Inlets and catch basins with failing sediment controls due to a lack of maintenance or inadequate design are considered unprotected.

Expiration Date: September 14, 2027

f. Sediment basins or traps without adequate wet or dry storage volume or sediment basins or traps that allow discharge of storm water from below the surface of the wet storage portion of the basin or trap.

g. Deposits of sediment from the project site on any property (including public and private streets) outside of the construction activity covered by this general permit.

h. Deposits of sediment from the project site at discharge locations or the banks of any waters flowing within or immediately adjacent to the site.

13.2.12. Prevent soil compaction

In areas of the site where final vegetative stabilization will occur or where post-construction infiltration practices will be installed (See Section 13 .2.1.c) the registrant must:

a. Preserve suitable native topsoil by stockpiling for reuse or transferring to other locations, unless infeasible;

b. Restrict vehicle and equipment use in designated areas (e.g., haul roads, staging and stockpiling or laydown) to their stated purpose to avoid soil compaction; and

c. Before seeding or planting areas of exposed soil that have been compacted, use techniques that rehabilitate and condition the soils as necessary to support vegetative growth.

13.2.13. Protect storm drain inlets

The following storm drain inlet protection measures are required:

a. Install inlet protection measures that remove sediment from discharges prior to entry into any storm drain inlet that conveys stormwater flow, provided the registrant has authority to access the storm drain inlet; and

b. Clean, or remove and replace, the protection measures as sediment accumulates, the filter becomes clogged and/or performance is compromised. Where there is evidence of sediment accumulation adjacent to the inlet protection measure, remove the deposited sediment by the end of the same business day in which it is found or by the end of the following business day if removal by the same business day is not feasible .

13;2.14. For projects involving concrete, establish concrete truck and other concrete equipment washout area before beginning concrete work

When performing construction activities involving concrete, the following control measures are required:

a. Wash concrete trucks and equipment in an appropriately protected area or in designated concrete washout areas only;

b. Direct all concrete wash water into an impermeable-lined pit or leak-proof container designed so that overflows will not occur due to inadequate sizing or precipitation;

c. Locate activities away from waters of the state and storm water inlets or conveyances so that stormwater coming into contact with areas where these activities are performed cannot reach waters of the state;

d. Concrete wash may not adversely affect groundwater;

e. Concrete washout and waste concrete management areas must be maintained and functional;

Expiration Date: September 14, 2027

f. Handle (e.g., through disposal, reuse or recycle) wash water as waste. Do not dispose of concrete wash water or wash out concrete trucks onto the ground, or into storm drains, open ditches, streets or streams;

g. Do not dump excess concrete on site, except in designated concrete washout areas;

h. Handle ( e.g., tlu·ough disposal, reuse or recycle) hardened concrete waste consistent with handling of other construction wastes; and

1. Concrete spillage or concrete discharge to surface waters of the state is prohibited.

13.2.15. Establish material and waste storage areas, and other non-stormwater controls before construction activities commence

13.2.16. Control stormwater discharges

Control all stormwater discharges, including both peak flowrates and total stormwater volume, to prevent channel and streambank erosion and scour in the immediate vicinity of discharge points as follows:

a. Use erosion controls and velocity dissipation devices within and along the length of any stormwater conveyance channel and at any outlet to slow down runoff to prevent erosion;

and

b. Protect stream banks from concentrated flows by constructing runoff control measures ( e.g., check dams, outlet protection (riprap), pipe slope drains, swales/dikes, surface roughening) .

13.2.17. Engineer sediment basin or similar impoundment installed

If an engineered sediment basin or similar impoundment is installed the following must take place:

a. The design must be prepared and stamped by an Oregon Registered Professional Engineer or an Oregon Registered Landscape Architect per Section 15 .1. b;

b. The basin or impoundment must be situated outside of any water of the state, any natural water quality buffers, and any post-construction stormwater facility designed and engineered to infiltrate established under Section 13 .2.1;

c. The basin or impoundment must be designed to avoid collecting water from wetlands;

d. The basin or impoundment must be designed to provide storage for either of the following:

1. Find the site's estimated 2-year, 24-hour precipitation. The 2-year, 24-hour precipitation can be found using the Precipitation Frequency Data Server (PFDS) developed by the National Oceanic and Atmospheric Administration's (NOAA) National Weather Service (NWS) or the Oregon Department of Transportation (ODOT) Precipitation Data Viewer;

11. 3,600 cubic feet per acre drained; or

111. A site-specific alternative capable of ensuring that water quality violations do not occur through a combination of storage (e.g., Baker tanks), retention, infiltration or other means of storm water runoff control;

e. The design must utilize outlet structures that withdraw water from the surface of the sediment basin or similar impoundment, unless infeasible;

f. The design must use erosion controls and velocity dissipation devices to prevent erosion at inlets and outlets; and

Expiration Date: September 14, 2027

g. Follow maintenance requirements per Sections 13 .1.4 and 13 .1.5.

The approved sediment basin is deemed appropriate on 1200-CA permit covered projects that began construction activities prior to the effective date of this permit.

13.2.18. Engineered sediment basin or similar impoundment must be installed when engineered soils used on site

An engineered sediment basin or similar impoundment must be installed on sites with engineered soils as follows:

a. For construction activity involving the use of engineered soils (soil amendments including, but not limited to Portland cement-treated base [CTB], cement kiln dust [CKD], or fly ash), the registrant must install an engineered sediment basin or similar impoundment in accordance with Section 13 .2.1 7 ( e.g., trap, pond) to treat high pH runoff (i.e., above 8.5 standard units) before discharge. The registrant is required to determine the acceptable pH water quality criteria range of site discharge based on criteria of the receiving waterbody according to OAR 340-041-0021 . If necessaty, the registrant must adjust or neutralize the high pH water until it is in the range of pH Standard Units (SU) using an appropriate treatment BMP such as carbon dioxide (CO2) sparging or dry ice.

b. The permittee must obtain written approval from DEQ or Agent before using any form of chemical treatment other than CO2 sparging or dry ice (see Section 6). See Section 17.6.1 for pH monitoring requirements.

13.2.19. The registrant must maintain site as follows:

a. Clean up sediment that leaves the site and place sediment back on the site and stabilize or dispose of sediment properly within 24 hours. In addition, the source( s) of the sediment must be controlled to prevent continued or additional discharge within 24 hours of being identified, and a corrective action report submitted to DEQ per Section 16.3. Until the sediment or turbidity are no longer visually detectable, immediate corrective actions or the implementation of additional and appropriate BMPs is required to ensure the registrant is not causing or contributing to a violation of water quality standards. Any instream cleanup of sediment may require authorization from the Oregon Deparhnent of State Lands; and

b. Do not intentionally wash sediment into storm sewers or drainage ways. Methods such as vacuuming, dty mechanical sweeping, or manual sweeping must be used to cleanup released sediments.

13.2.20. The registrant must stabilize exposed portions of the site as follows:

a. Implement and maintain the stabilization measures ( e.g., seeding protected by erosion controls until vegetation is established, sodding, mulching, erosion control blankets, hydro mulch, gravel) that prevent erosion from exposed portions .of the site;

b. Document the day that construction activities cease in an area and the location on site in the visual monitoring rep01t (see Section 17.5.e);

c. Initiate the installation of temporary stabilization measures (e.g., blown straw and a tackifier, loose straw, compost mulch, temporary vegetative cover, crushed rock or gravel base), final vegetation cover or permanent stabilization measures immediately whenever any land

Expiration Date: September 14, 2027 disturbing activities have permanently ceased or will be temporarily inactive on any portion of the site for 14 or more calendar days; and

d. Complete the installation of stabilization measures as soon as practicable, but no later than seven calendar days after stabilization has been initiated.

13.2.21. Final Stabilization Criteria (for any areas not covered by permanent structures). To achieve project completion, registrants must:

a. Establish uniform (i.e., evenly distributed, without large bare areas) perennial vegetation that provides 70 percent or more cover on all exposed areas. Limited allowable exceptions include:

1. For sites where it is difficult to establish 70 percent coverage (e.g., arid, semiarid or drought-stricken areas), the registrant must cover exposed soil between planted or seeded areas with bio or photo degradable controls designed to prevent erosion without active maintenance or propose a site-specific plan to DEQ for approval.

11. Disturbed areas on farm use land as defined in ORS 308A.056 (e.g., pipelines across crop or range land, or staging areas for highway construction) that are restored to their preconstruction farm use are not subject to final vegetative stabilization criteria.

111. Stabilization may not be required if the intended function of a specific area of the site necessitates that it remains disturbed, and only the minimum area needed remains disturbed (e.g., di1t access roads, utility pole pads, areas being used for storage of vehicles, equipment, materials);

b. Implement temporary bio or photo-degradable non-vegetative stabilization measures (e.g., mulch or rolled erosion control products) to provide effective cover while vegetation is being established to prevent erosion of the seeded or planted area;

c. Ensure that final vegetative cover or permanent stabilization is established before temporary sediment controls are removed unless doing so conflicts with local requirements;

d. Ensure there is no discharge from the site of construction-related sediment or turbidity to surface waters;

e. Remove and properly dispose of all construction materials, waste and waste handling devices, and remove all equipment and vehicles that were used during construction, unless intended for long-term use;

f. Remove all temporary stormwater controls that were installed and maintained during construction, except those that are intended for long-term use;

g. Remove sediment from permanent (post-construction) structural stormwater facilities by over excavating and replacing with growth media before vegetating; and

h. Remove all potential pollutants, including any sediment being retained by temporary erosion and sediment controls, and discontinued pollutant-generating activities associated with construction, unless needed for long-term use.

13.3. Pollution prevention controls

The registrant must implement pollution prevention controls in accordance with the following requirements to prevent the discharge of pollutants to storm water and to prevent the discharge of pollutants from spilled or leaked materials from construction activities,,such as building materials, building products, construction

Expiration Date: September 14, 2027 wastes, trash, landscape materials, fertilizers , pesticides, herbicides, detergents, sanitary waste, fuels, lubricants and other material present.

The registrant must provide written spill prevention and response procedures, employee training on spill prevention and proper disposal procedures, spill kits available on site, regularly maintained vehicles and machinery, material delive1y and storage controls, signage and covered storage areas for waste and supplies.

13.3.1. General conditions

Provide an effective means of eliminating the discharge of any waste from any activities performed on site by implementing the following:

a. Locate activities away from waters of the state and storm water inlets or conveyances so that stormwater…