PEVI_200745_NOI.pdf

National Park Service U.S. Department of the Interior

Restore North and South Seawalls at Perry’s Victory to Safeguard Site Project, Ottawa County, Ohio

PEVI-200745

Notice of Intent January 2021

Notice of Intent

Division of Surface Water - Notice of Intent (NOI) For Coverage Under Ohio Environmental Protection Agency General NPDES Permit

(Read accompanying instructions carefully before completing this form.)

Submission of this NOI constitutes notice that the party identified in Section I of this form intends to be authorized to discharge into state surface waters under Ohio EPA's

NPDES general permit program. Becoming a permittee obligates a discharger to comply with the terms and conditions of the permit. Complete all required information as indicated by the instructions. Do not use correction fluid on this form. Forms transmitted by fax will not be accepted. A check for the proper amount must accompany this form and be made payable to "Treasurer, State of Ohio." (See the fee table in Attachment C of the NOI instructions for the appropriate processing fee.)

I. Applicant Information/Mailing Address Company (Applicant) Name: National Park Service

Mailing (Applicant) Address:

City: State : Zip Code:

Country:

Contact Person: TBD by Contractor Phone: Fax:

Contact E-mail Address:

II. Facility/Site Location Information

Facility/Site Name: Perry's Victory and International Peace Memorial

Facility Address: 93 Delaware Avenue

City: Put-In-Bay State: OH Zip Code: 43456

County: Ottawa Township: Put-In-Bay

Facility Contact Person: Phone: (419) 285-2184 Fax:

Facility Contact E-mail Address:

Latitude: 41.65424 Longitude: -82.811308 Facility/Map Attachment Attachment 1

Receiving Stream or MS4: Lake Erie

III. General Permit Information General Permit Number: OHC000005 Initial Coverage: Y Renewal Coverage: N

Type of Activity: Construction Site Stormwater General Permit SIC Code(s):

Existing NPDES Facility Permit Number: ODNR Coal Mining Application Number:

If Household Sewage Treatment System, is system for: New Home Construction: Replacement of failed existing system:

Outfall Design Flow

(MGD):

Associated Permit Effluent Table: Receiving Water : Latitude Longitude

Are These Permits Required? PTI: NO Individual 401 Water Quality Certification: NO

Individual NPDES: NO Isolated Wetland: NO U.S. Army Corp Nationwide Permit: YET_TO_APPLY

Proposed Project Start Date(if applicable): April 01, 2021 Estimated Completion Date(if applicable): September 30, 2022

Total Land Disturbance (Acres): 4.2 MS4 Drainage Area (Sq. Miles):

SWP3 Attachment(s): Attachment 2, Attachment 3

IV. Payment Information Check #: For Ohio EPA Use Only

Check Amount: Check ID(OFA):______________________ ORG #:______________________

Date of Check: Rev ID:_____________________________ DOC #:______________________

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

Applicant Name (printed or typed): Title:

EPA 4494 (Rev. 4/13) Application ID: 242236387 Page 1 of 2

TBD by Contractor

TBD by Contractor

TBD by Contractor

TBD by Contractor TBD by Contractor

TBD by Contractor

TBD by Contractor

TBD by Contractor

Barbara Rowles

Barbara_Rowles@nps.gov

TBD by Contractor TBD by Contractor

Signature: Date:

EPA 4494 (Rev. 4/13) Application ID: 242236387 Page 2 of 2

Restore North and South Seawalls at Perry’s Victory to Safeguard Site Project, Ottawa County, Ohio

PEVI-200745

Notice of Intent January 2021

Attachment 1 - Project Location Map

Figure 1 Project Location Map Perry’s Victory and International Peace Memorial Barbara Rowles Superintendent Barbara_Rowles@nps.gov

(419) 285-2184 ext 1225 P.O. Box 549 Put-in-Bay, OH 43456

LEGEND

Environmental Survey Area

0 1,400 2,800 4,200 5,600

Feet

Source: USGS 7.5 Minute Topographic Quadrangles:

Put-in-Bay, OH (published 2016)

\\brooksidefiles\GIS_SHARE2 - \\dc1vs01\gisproj\N\NPS\PEVI\Maps\Report\PVIM_LocMap_8x11.mxd gtwigg 9/11/2020 11:15:56 AM

Project Location

Restore North and South Seawalls at Perry’s Victory to Safeguard Site Project, Ottawa County, Ohio

PEVI-200745

Notice of Intent January 2021

Attachment 2 - Erosion and Sediment Control Plans

[INSERT ES DESIGN SHEETS]

Restore North and South Seawalls at Perry’s Victory to Safeguard Site Project, Ottawa County, Ohio

PEVI-200745

Notice of Intent January 2021

Attachment 3 - Stormwater Pollution Prevention Plan

[INSERT SWPPPP]

Restore North and South Seawalls at Perry’s Victory to Safeguard Site Project, Ottawa County, Ohio

PEVI-200745

Notice of Intent January 2021

Attachment 4 - OEPA General Permit Authorization for Storm Water Discharges Associated with Construction Activity Under the National Pollutant Discharge Elimination System (For Contractor Reference)

Ohio EPA Permit No.: OHC000005

TABLE OF CONTENTS

PART I. COVERAGE UNDER THIS PERMIT

A. Permit Area B. Eligibility C. Requiring an individual NPDES permit or an alternative general NPDES permit D. Permit requirements when portions of a site are sold E. Authorization F. Notice of Intent Requirements

PART II. NON-NUMERIC EFFLUENT LIMITATIONS

A. Erosion and Sediment Controls B. Soil Stabilization C. Dewatering D. Pollution Prevention Measures E. Prohibited Discharges F. Surface Outlets G. Post-Construction Storm Water Management Controls

PART III. STORM WATER POLLUTION PREVENTION PLAN (SWP3)

A. Storm Water Pollution Prevention Plans B. Timing C. SWP3 Signature and Review D. Amendments E. Duty to inform contractors and subcontractors F. Total Maximum Daily Load (TMDL) allocations G. SWP3 Requirements

PART IV. NOTICE OF TERMINATION REQUIREMENTS

A. Failure to notify B. When to submit an NOT C. How to submit an NOT

PART V. STANDARD PERMIT CONDITIONS

A. Duty to comply B. Continuation of an expired general permit C. Need to halt or reduce activity not a defense D. Duty to mitigate E. Duty to provide information F. Other information G. Signatory requirements H. Certification I. Oil and hazardous substance liability J. Property rights K. Severability L. Transfers M. Environmental laws N. Proper operation and maintenance O. Inspection and entry P. Duty to Reapply Q. Permit Actions R. Bypass S. Upset U. Reporting Requirements

PART VI. REOPENER CLAUSE

PART VII. DEFINITIONS

APPENDICES

A. Big Darby Creek Watershed B. Portions of the Olentangy Watershed C. Intensity for Calculation of Water Quality Flow (WQF)

PART I. COVERAGE UNDER THIS PERMIT

A. Permit Area.

This permit covers the entire State of Ohio. Appendices A and B of this permit contain additional watershed specific requirements for construction activities located partially or fully within the Big Darby Creek Watershed and portions of the Olentangy River Watershed. Projects within portions of the Olentangy River watershed shall seek coverage under this permit following the expiration of OHCO00002 (May 31, 2019).

B. Eligibility.

1. Construction activities covered. Except for storm water discharges identified under Part

I.B.2, this permit may cover all new and existing discharges composed entirely of storm water discharges associated with construction activity that enter surface waters of the state or a storm drain leading to surface waters of the state.

For the purposes of this permit, construction activities include any clearing, grading, excavating, grubbing and/or filling activities that disturb one or more acres. Discharges from trench dewatering are also covered by this permit as long as the dewatering activity is carried out in accordance with the practices outlined in Part III.G.2.g.iv of this permit.

Construction activities disturbing one or more acres of total land or will disturb less than one acre of land but are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land are eligible for coverage under this permit.

The threshold acreage includes the entire area disturbed in the larger common plan of development or sale.

This permit also authorizes storm water discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided:

a. The support activity is directly related to a construction site that is required to have NPDES permit coverage for discharges of storm water associated with construction activity;

b. The support activity is not a commercial operation serving multiple unrelated construction projects and does not operate beyond the completion of the construction activity at the site it supports;

c. Appropriate controls and measures are identified in a storm water pollution prevention plan (SWP3) covering the discharges from the support activity; and

d. The support activity is on or contiguous with the property defined in the NOI (offsite borrow pits and soil disposal areas, which serve only one project, do not have to be contiguous with the construction site).

2. Limitations on coverage. The following storm water discharges associated with construction activity are not covered by this permit:

a. Storm water discharges that originate from the site after construction activities have ceased, including any temporary support activity, and the site has achieved final stabilization. Industrial post-construction storm water discharges may need to be covered by an NPDES permit;

b. Storm water discharges associated with construction activity that the director has shown to be or may reasonably expect to be contributing to a violation of a water quality standard; and

c. Storm water discharges authorized by an individual NPDES permit or another

NPDES general permit.

3. Waivers. After March 10, 2003, sites whose larger common plan of development or sale have at least one, but less than five acres of land disturbance, which would otherwise require permit coverage for storm water discharges associated with construction activities, may request that the director waive their permit requirement. Entities wishing to request such a waiver must certify in writing that the construction activity meets one of the two waiver conditions:

a. Rainfall Erosivity Waiver. For a construction site to qualify for the rainfall erosivity waiver, the cumulative rainfall erosivity over the project duration must be five or less and the site must be stabilized with a least a 70 percent vegetative cover or other permanent, non-erosive cover. The rainfall erosivity must be calculated according to the method in U.S. EPA Fact Sheet 3.1 Construction Rainfall Erosivity Waiver dated January 2001 and be found at: http://epa.ohio.gov/portals/35/permits/USEPAfact3- 1_s.pdf. If it is determined that a construction activity will take place during a time period where the rainfall erosivity factor is less than five, a written waiver certification must be submitted to Ohio EPA at least 21 days before construction activity is scheduled to begin. If the construction activity will extend beyond the dates specified in the waiver certification, the operator must either: (a) recalculate the waiver using the original start date with the new ending date (if the R factor is still less than five, a new waiver certification must be submitted) or (b) submit an NOI application form and fee for coverage under this general permit at least seven days prior to the end of the waiver period; or

b. TMDL (Total Maximum Daily Load) Waiver. Storm water controls are not needed based on a TMDL approved or established by U.S. EPA that addresses the pollutant(s) of concern or, for non-impaired waters that do not require TMDLs, and equivalent analysis that determines allocations for small construction sites for the pollutant(s) of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety.

The pollutant(s) of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify to the director of Ohio EPA that the construction activity will take place, and storm water discharges will occur, within the drainage area addressed by the TMDL or equivalent analysis. A written waiver certification must be submitted to Ohio EPA at least 21 days before the construction activity is scheduled to begin.

4. Prohibition on non-storm water discharges. All discharges covered by this permit must be composed entirely of storm water with the exception of the following: discharges from firefighting activities; fire hydrant flushings; potable water sources including waterline flushings; irrigation drainage; lawn watering; routine external building washdown which does not use detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air conditioning condensate; springs;

uncontaminated ground water from trench or well point dewatering and foundation or footing drains where flows are not contaminated with process materials such as solvents. Dewatering activities must be done in compliance with Part II.C and Part III.G.2.g.iv of this permit. Discharges of material other than storm water or the authorized non-storm water discharges listed above must comply with an individual NPDES permit or an alternative NPDES general permit issued for the discharge.

Except for flows from firefighting activities, sources of non-storm water listed above that are combined with storm water discharges associated with construction activity must be identified in the SWP3. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water component(s) of the discharge.

5. Spills and unintended releases (Releases in excess of Reportable Quantities). This permit does not relieve the permittee of the reporting requirements of Title 40 of the Code of Federal Regulations (“CFR”) Part 117 and 40 CFR Part 302. In the event of a spill or other unintended release, the discharge of hazardous substances in the storm water discharge(s) from a construction site must be minimized in accordance with the applicable storm water pollution prevention plan for the construction activity and in no case, during any 24-hour period, may the discharge(s) contain a hazardous substance equal to or in excess of reportable quantities.

40 CFR Part 117 sets forth a determination of the reportable quantity for each substance designated as hazardous in 40 CFR Part 116. The regulation applies to quantities of designated substances equal to or greater than the reportable quantities, when discharged to surface waters of the state. 40 CFR Part 302 designates under section 102(a) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, those substances in the statutes referred to in section 101(14), identifies reportable quantities for these substances and sets forth the notification requirements for releases of these substances. This regulation also sets forth reportable quantities for hazardous substances designated under section 311(b)(2)(A) of the Clean Water Act

(CWA).

C. Requiring an individual NPDES permit or an alternative NPDES general permit.

1. The director may require an alternative permit. The director may require any operator eligible for this permit to apply for and obtain either an individual NPDES permit or coverage under an alternative NPDES general permit in accordance with OAC Rule 3745-38-02. Any interested person may petition the director to take action under this paragraph.

The director will send written notification that an alternative NPDES permit is required.

This notice shall include a brief statement of the reasons for this decision, an application form and a statement setting a deadline for the operator to file the application. If an operator fails to submit an application in a timely manner as required by the director under this paragraph, then coverage, if in effect, under this permit is automatically terminated at the end of the day specified for application submittal.

2. Operators may request an individual NPDES permit. Any owner or operator eligible for this permit may request to be excluded from the coverage of this permit by applying for an individual permit. The owner or operator shall submit an individual application with reasons supporting the request to the director in accordance with the requirements of 40 CFR 122.26. If the reasons adequately support the request, the director shall grant it by issuing an individual NPDES permit.

3. When an individual NPDES permit is issued to an owner or operator otherwise subject to this permit or the owner or operator is approved for coverage under an alternative NPDES general permit, the applicability of this permit to the individual NPDES permittee is automatically terminated on the effective date of the individual permit or the date of approval for coverage under the alternative general permit, whichever the case may be.

D. Permit requirements when portions of a site are sold

If an operator obtains a permit for a development, and then the operator (permittee) sells off lots or parcels within that development, permit coverage must be continued on those lots until a Notice of Termination (NOT) in accordance with Part IV.B is submitted. For developments which require the use of centralized sediment and erosion controls (i.e., controls that address storm water runoff from one or more lots) for which the current permittee intends to terminate responsibilities under this permit for a lot after sale of the lot to a new owner and such termination will either prevent or impair the implementation of the controls and therefore jeopardize compliance with the terms and conditions of this permit, the permittee will be required to maintain responsibility for the implementation of those controls. For developments where this is not the case, it is the permittee’s responsibility to temporarily stabilize all lots sold to individual lot owners unless an exception is approved in accordance with Part III.G.4. In cases where permit responsibilities for individual lot(s) will be terminated after sale of the lot, the permittee shall inform the individual lot owner of the obligations under this permit and ensure that the Individual Lot NOI application is submitted to Ohio EPA.

E. Authorization

1. Obtaining authorization to discharge. Operators that discharge storm water associated with construction activity must submit an NOI application form and Storm Water Pollution Prevention Plan (SWP3) if located within the Big Darby Creek watershed or portions of the Olentangy watershed in accordance with the requirements of Part I.F of this permit to obtain authorization to discharge under this general permit. As required under OAC Rule 3745-38-06(E), the director, in response to the NOI submission, will notify the applicant in writing that he/she has or has not been granted general permit coverage to discharge storm water associated with construction activity under the terms and conditions of this permit or that the applicant must apply for an individual NPDES permit or coverage under an alternate general NPDES permit as described in Part I.C.1.

2. No release from other requirements. No condition of this permit shall release the permittee from any responsibility or requirements under other environmental statutes or regulations. Other permit requirements commonly associated with construction activities include, but are not limited to, section 401 water quality certifications, isolated wetland permits, permits to install sanitary sewers or other devices that discharge or convey polluted water, permits to install drinking water lines, single lot sanitary system permits and disturbance of land which was used to operate a solid or hazardous waste facility (i.e., coverage under this NPDES general permit does not satisfy the requirements of OAC Rule 3745-27-13 or ORC Section 3734.02(H)). The issuance of this permit is subject to resolution of an antidegradation review. This permit does not relieve the permittee of other responsibilities associated with construction activities such as contacting the Ohio Department of Natural Resources, Division of Water, to ensure proper well installation and abandonment of wells.

F. Notice of Intent Requirements

1. Deadlines for notification.

a. Initial coverage: Operators who intend to obtain initial coverage for a storm water discharge associated with construction activity under this general permit must submit a complete and accurate NOI application form, a completed Storm Water Pollution Prevention Plan (SWP3) for projects within the Big Darby Creek and portions of the Olentangy river watersheds and appropriate fee at least 21 days (or 45 days in the Big Darby Creek watershed and portions of the Olentangy watershed) prior to the commencement of construction activity. If more than one operator, as defined in Part VII of this general permit, will be engaged at a site, each operator shall seek coverage under this general permit prior to engaging in construction activities.

Coverage under this permit is not effective until an approval letter granting coverage from the director of Ohio EPA is received by the applicant. Where one operator has already submitted an NOI prior to other operator(s) being identified, the additional operator shall request modification of coverage to become a co-permittee. In such instances, the co-permittees shall be covered under the same facility permit number.

No additional permit fee is required.

b. Individual lot transfer of coverage: Operators must each submit an individual lot notice of intent (Individual Lot NOI) application form (no fee required) to Ohio EPA at least seven days prior to the date that they intend to accept responsibility for permit requirements for their portion of the original permitted development from the previous permittee. Transfer of permit coverage is not granted until an approval letter from the director of Ohio EPA is received by the applicant.

2. Failure to notify. Operators who fail to notify the director of their intent to be covered and who discharge pollutants to surface waters of the state without an NPDES permit are in violation of ORC Chapter 6111. In such instances, Ohio EPA may bring an enforcement action for any discharges of storm water associated with construction activity.

3. How to submit an NOI. Operators seeking coverage under this permit must submit a complete and accurate Notice of Intent (NOI) application using Ohio EPA’s electronic application form which is available through the Ohio EPA eBusiness Center at:

https://ebiz.epa.ohio.gov/. Submission through the Ohio EPA eBusiness Center will https://ebiz.epa.ohio.gov/ require establishing an Ohio EPA eBusiness Center account and obtaining a unique Personal Identification Number (PIN) for final submission of the NOI. Existing eBusiness Center account holders can access the NOI form through their existing account and submit using their existing PIN. Please see the following link for guidance:

http://epa.ohio.gov/dsw/ebs.aspx#170669803-streams-guidance. Alternatively, if you are unable to access the NOI form through the agency eBusiness Center due to a demonstrated hardship, the NOI may be submitted on a paper NOI form provided by Ohio EPA. NOI information shall be typed on the form. Please contact Ohio EPA, Division of Surface Water at (614) 644-2001 if you wish to receive a paper NOI form.

4. Additional notification. NOIs and SWP3s are considered public documents and shall be made available to the public in accordance with Part III.C.2. The permittee shall make NOIs and SWP3s available upon request of the director of Ohio EPA, local agencies approving sediment and erosion control plans, grading plans or storm water management plans, local governmental officials, or operators of municipal separate storm sewer systems (MS4s) receiving drainage from the permitted site. Each operator that discharges to an NPDES permitted MS4 shall provide a copy of its Ohio EPA NOI submission to the MS4 in accordance with the MS4’s requirements, if applicable.

5. Re-notification. Existing permittees having coverage under the previous generations of this general permit shall have continuing coverage under OHC000005 with the submittal of a timely renewal application. Within 180 days from the effective date of this permit, existing permittees shall submit the completed renewal application expressing their intent for continued coverage. In accordance with Ohio Administrative Code (OAC) 3745-38-02(E)(2)(a)(i), a renewal application fee will only apply to existing permittees having general permit coverage for 5 or more years as of the effective date of this general permit. Permit coverage will be terminated if Ohio EPA does not receive the renewal application within this 180-day period.

Part II. NON-NUMERIC EFFLUENT LIMITATIONS

You shall comply with the following non-numeric effluent limitations for discharges from your site and/or from construction support activities. Part III of this permit contains the specific design criteria to meet the objectives of the following non-numeric effluent limitations. You shall develop and implement the SWP3 in accordance with Part III of this permit to satisfy these non-numeric effluent limitations.

A. Erosion and Sediment Controls. You shall design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, such controls shall be designed, installed and maintained to:

1. Control storm water volume and velocity within the site to minimize soil and stream erosion;

2. Control storm water discharges, including both peak flowrates and total storm water volume, to minimize erosion at outlets and to minimize downstream channel and streambank erosion;

3. Minimize the amount of soil exposed during construction activity;

http://epa.ohio.gov/dsw/ebs.aspx#170669803-streams-guidance

4. Minimize the disturbance of steep slopes;

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

6. If feasible, provide and maintain a 50-foot undisturbed natural buffer around surface waters of the state, direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration. If it is infeasible to provide and maintain an undisturbed 50-foot natural buffer, you shall comply with the stabilization requirements found in Part II.B for areas within 50 feet of a surface water; and

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

B. Soil Stabilization. Stabilization of disturbed areas shall, at a minimum, be initiated in accordance with the time frames specified in the following tables.

Table 1: Permanent Stabilization

Area requiring permanent stabilization

Time frame to apply erosion controls

Any areas that will lie dormant for one year or more

Within seven days of the most recent disturbance

Any areas within 50 feet of a surface water of the state and at final grade

Within two days of reaching final grade

Other areas at final grade Within seven days of reaching final grade within that area

Table 2: Temporary Stabilization

Area requiring temporary stabilization

Time frame to apply erosion controls

Any disturbed areas within 50 feet of a surface water of the state and not at final grade

Within two days of the most recent disturbance if the area will remain idle for more than 14 days

Any disturbed areas that will be dormant for more than 14 days but less than one year, and not within 50 feet of a surface water of the state

Within seven days of the most recent disturbance within the area

For residential subdivisions, disturbed areas must be stabilized at least seven days prior to transfer of permit coverage for the individual lot(s).

Disturbed areas that will be idle over winter Prior to the onset of winter weather Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed.

Permanent and temporary stabilization are defined in Part VII.

C. Dewatering. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.

D. Pollution Prevention Measures. Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented and maintained to:

1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel washwater, and other washwaters. Washwaters shall be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;

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

3. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.

E. Prohibited Discharges. The following discharges are prohibited:

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

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

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

4. Soaps or solvents used in vehicle and equipment washing or all other waste water streams which could be subject to an individual NPDES permit (Part III.G.2.g).

F. Surface Outlets. When discharging from sediment basins utilize outlet structures that withdraw water from the surface, unless infeasible. (Note: Ohio EPA believes that the circumstances in which it is infeasible to design outlet structures in this manner are rare.

Exceptions may include time periods with extended cold weather during winter months.

If you have determined that it is infeasible to meet this requirement, you shall provide documentation in your SWP3 to support your determination.)

G. Post-Construction Storm Water Management Controls. So that receiving stream’s physical, chemical and biological characteristics are protected, and stream functions are maintained, post-construction storm water practices shall provide long-term management of runoff quality and quantity.

PART III. STORM WATER POLLUTION PREVENTION PLAN (SWP3)

A. Storm Water Pollution Prevention Plans.

A SWP3 shall be developed for each site covered by this permit. For a multi-phase construction project, a separate NOI shall be submitted when a separate SWP3 will be prepared for subsequent phases. SWP3s shall be prepared in accordance with sound engineering and/or conservation practices by a professional experienced in the design and implementation of standard erosion and sediment controls and storm water management practices addressing all phases of construction. The SWP3 shall clearly identify all activities which are required to be authorized under Section 401 and subject to an antidegradation review. The SWP3 shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with construction activities. The SWP3 shall be a comprehensive, stand-alone document, which is not complete unless it contains the information required by Part III.G of this permit. In addition, the SWP3 shall describe and ensure the implementation of best management practices (BMPs) that reduce the pollutants and impact of storm water discharges during construction and pollutants associated with the post-construction land use to ensure compliance with ORC Section 6111.04, OAC Chapter 3745-1 and the terms and conditions of this permit.

B. Timing.

An acceptable SWP3 shall be completed and submitted to the applicable regulated MS4 entity (for projects constructed entirely within a regulated MS4 area) prior to the t imely submittal of an NOI. Projects within the Big Darby Creek and portions of the Olentangy watersheds must submit a SWP3 with the NOI. The SWP3 shall be updated in accordance with Part III.D. Submission of a SWP3 does not constitute review and approval on the part of Ohio EPA. Upon request and good cause shown, the director may waive the requirement to have a SWP3 completed at the time of NOI submission. If a waiver has been granted, the SWP3 must be completed prior to the initiation of construction activities. The SWP3 must be implemented upon initiation of construction activities.

In order to continue coverage from the previous generations of this permit, the permittee shall review and update the SWP3 to ensure that this permit’s requirements are addressed within 180 days after the effective date of this permit. If it is infeasible for you to comply with a specific requirement in this permit because (1) the provision was not part of the permit you were previously covered under, and (2) because you are prevented from compliance due to the nature or location of earth disturbances that commenced prior to the effective date of this permit, you shall include documentation within your SWP3 of the reasons why it is infeasible for you to meet the specific requirement.

Examples of OHC000005 permit conditions that would be infeasible for permittees renewing coverage to comply with include:

• OHC000005 post-construction requirements, for projects that obtained NPDES construction storm water coverage and started construction activities prior to the effective date of this permit;

• OHC000005 post-construction requirements, for multi-phase development projects with an existing regional post-construction BMP issued under previous NPDES post-construction requirements. This only applies to construction sites authorized under Ohio EPA’s Construction Storm Water Permits issued after April 20, 2003;

• OHC000005 post-construction requirements, for renewing or initial coverage and you have a SWP3 approved locally and you will start construction within 180 days of the effective date of this permit;

• Sediment settling pond design requirements, if the general permit coverage was obtained prior to April 21, 2013 and the sediment settling pond has been installed; or

• Case-by-case situations approved by the Director.

C. SWP3 Signature and Review.

1. Plan Signature and Retention On-Site. The SWP3 shall include the certification in Part

V.H, be signed in accordance with Part V.G., and be retained on site during working hours.

2. Plan Availability

a. On-site: The plan shall be made available immediately upon request of the director or his authorized representative and MS4 operators or their authorized representative during working hours. A copy of the NOI and letter granting permit coverage under this general permit also shall be made available at the site.

b. By written request: The permittee must provide the most recent copy of the SWP3 within 7 days upon written request by any of the following:

i. The director or the director’s authorized representative;

ii. A local agency approving sediment and erosion plans, grading plans or storm water management plans; or

iii. In the case of a storm water discharge associated with construction activity which discharges through a municipal separate storm sewer system with an NPDES permit, to the operator of the system.

c. To the public: All NOIs, general permit approval for coverage letters, and SWP3s are considered reports that shall be available to the public in accordance with the Ohio Public Records law. The permittee shall make documents available to the public upon request or provide a copy at public expense, at cost, in a timely manner.

However, the permittee may claim to Ohio EPA any portion of an SWP3 as confidential in accordance with Ohio law.

3. Plan Revision. The director or authorized representative may notify the permittee at any time that the SWP3 does not meet one or more of the minimum requirements of this part. Within 10 days after such notification from the director or authorized representative (or as otherwise provided in the notification), the permittee shall make the required changes to the SWP3 and shall submit to Ohio EPA the revised SWP3 or a written certification that the requested changes have been made.

D. Amendments.

The permittee shall amend the SWP3 whenever there is a change in design, construction, operation or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters of the state or if the SWP3 proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with construction activity. Amendments to the SWP3 may be reviewed by Ohio EPA in the same manner as Part III.C.

E. Duty to inform contractors and subcontractors.

The permittee shall inform all contractors and subcontractors not otherwise defined as “operators” in Part VII of this general permit who will be involved in the implementation of the SWP3 of the terms and conditions of this general permit. The permittee shall maintain a written document containing the signatures of all contractors and subcontractors involved in the implementation of the SWP3 as proof acknowledging that they reviewed and understand the conditions and responsibilities of the SWP3. The written document shall be created, and signatures shall be obtained prior to commencement of earth disturbing activity on the construction site.

F. Total Maximum Daily Load (TMDL) allocations.

If a TMDL is approved for any waterbody into which the permittee’s site discharges and requires specific BMPs for construction sites, the director may require the permittee to revise his/her SWP3. Specific conditions have been provided in Appendix A (for the Big Darby Creek Watershed) and Appendix B (for portions of the Olentangy river watershed).

G. SWP3 Requirements.

Operations that discharge storm water from construction activities are subject to the following requirements and the SWP3 shall include the following items:

1. Site description. Each SWP3 shall provide:

a. A description of the nature and type of the construction activity (e.g., low density residential, shopping mall, highway, etc.);

b. Total area of the site and the area of the site that is expected to be disturbed

(i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas);

c. A measure of the impervious area and percent imperviousness created by the construction activity (existing, new and total impervious area after construction);

d. Storm water calculations, including the volumetric runoff coefficients for both the pre-construction and post- construction site conditions, and resulting water quality volume; design details for post-construction storm water facilities and pretreatment practices such as contributing drainage areas, capacities, elevations, outlet details and drain times shall be included in the SWP3; and if applicable, explanation of the use of existing post-construction facilities. Ohio EPA recommends the use of data sheets (see Ohio’s Rainwater and Land Development manual and Ohio EPA resources for examples);

e. Existing data describing the soil and, if available, the quality of any discharge from the site;

f. A description of prior land uses at the site;

g. A description of the condition of any on-site streams (e.g. prior channelization, bed instability or headcuts, channels on public maintenance, or natural channels);

h. An implementation schedule which describes the sequence of major construction operations (i.e., designation of vegetative preservation areas, grubbing, excavating, grading, utilities, infrastructure installation and others) and the implementation of erosion, sediment and storm water management practices or facilities to be employed during each operation of the sequence;

i. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water(s) and the areal extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed, or which will receive discharges from disturbed areas of the project.

For discharges to an MS4, the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a stream or surface water of the state shall be indicated;

j. For subdivided developments, a detail drawing of individual parcels with their erosion, sediment or storm water control practices and/or a typical individual lot showing standard individual lot erosion and sediment control practices.

A typical individual lot drawing does not remove the responsibility to designate specific erosion and sediment control practices in the SWP3 for critical areas such as steep slopes, stream banks, drainage ways and riparian zones;

k. Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants covered by this permit and the best management practices to address pollutants in these storm water discharges;

l. A cover page or title identifying the name and location of the site, the name and contact information of all construction site operators, the name and contact information for the person responsible for authorizing and amending the SWP3, preparation date, and the estimated dates that construction will start and be complete;

m. A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence; and

n. Site map showing:

i. Limits of earth-disturbing activity of the site including associated off-site borrow or spoil areas that are not addressed by a separate NOI and associated SWP3;

ii. Soils types for all areas of the site, including locations of unstable or highly erodible and/or known contaminated soils;

iii. Existing and proposed contours. A delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed, in acres;

iv. The location of any delineated boundary for required riparian setbacks;

v. Conservation easements or areas designated as open space, preserved vegetation or otherwise protected from earth disturbing activities. A description of any associated temporary or permanent fencing or signage;

vi. Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the permittee intends to fill or relocate for which the permittee is seeking approval from the Army Corps of Engineers and/or Ohio EPA;

vii. Existing and planned locations of buildings, roads, parking facilities and utilities;

viii. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during site development;

ix. Sediment traps and basins noting their sediment storage and dewatering

(detention) volume and contributing drainage area. Ohio EPA recommends the use of data sheets (see Ohio EPA’s Rainwater and Land Development manual and website for examples) to provide data for all sediment traps and basins noting important inputs to design and resulting parameters such as their contributing drainage area, disturbed area, detention volume, sediment storage volume, practice surface area, dewatering time, outlet type and dimensions;

x. The location of permanent storm water management practices (new and existing) including pretreatment practices to be used to control pollutants in storm water after construction operations have been completed along with the location of existing and planned drainage features including catch basins, culverts, ditches, swales, surface inlets and outlet structures;

xi. Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling;

xii. The location of designated construction entrances where the vehicles will access the construction site; and

xiii. The location of any areas of proposed floodplain fill, floodplain excavation, stream restoration or known temporary or permanent stream crossings.

2. Controls. In accordance with Part II.A, the SWP3 shall contain a description of the controls appropriate for each construction operation covered by this permit and the operator(s) shall implement such controls. The SWP3 shall clearly describe for each major construction activity identified in Part III.G.1.h: (a) appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented; and (b) which contractor is responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization). The SWP3 shall identify the subcontractors engaged in activities that could impact storm water runoff. The SWP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.

Ohio EPA recommends that the primary site operator review the SWP3 with the primary contractor prior to commencement of construction activities and keep a SWP3 training log to demonstrate that this review has occurred.

Ohio EPA recommends that the erosion, sediment, and storm water management practices used to satisfy the conditions of this permit should meet the standards and specifications in the most current edition of Ohio’s Rainwater and Land Development (see definitions) manual or other standards acceptable to Ohio EPA. The controls shall include the following minimum components:

a. Preservation Methods. The SWP3 shall make use of practices which preserve the existing natural condition as much as feasible. Such practices may include:

preserving existing vegetation, vegetative buffer strips, and existing soil profile and topsoil; phasing of construction operations to minimize the amount of disturbed land at any one time; and designation of tree preservation areas or other protective clearing or grubbing practices. For all construction activities immediately adjacent to surface waters of the state, the permittee shall comply with the buffer non-numeric effluent limitation in Part II.A.6, as measured from the ordinary high water mark of the surface water.

b. Erosion Control Practices. The SWP3 shall make use of erosion controls that provide cover over disturbed soils unless an exception is approved in accordance with Part III.G.4. A description of control practices designed to re-establish vegetation or suitable cover on disturbed areas after grading shall be included in the SWP3. The SWP3 shall provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, use of construction entrances and the use of alternative ground cover.

i. Stabilization. Disturbed areas shall be stabilized in accordance with

Table 1 (Permanent Stabilization) and Table 2 (Temporary Stabilization) in Part II.B of this permit.

ii. Permanent stabilization of conveyance channels. Operators shall undertake special measures to stabilize channels and outfalls and prevent erosive flows. Measures may include seeding, dormant seeding (as defined in the most current edition of the Rainwater and Land

Development manual), mulching, erosion control matting, sodding, riprap, natural channel design with bioengineering techniques or rock check dams.

c. Runoff Control Practices. The SWP3 shall incorporate measures which control the flow of runoff from disturbed areas so as to prevent erosion from occurring.

Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.

d. Sediment Control Practices. The plan shall include a description of structural practices that shall store runoff allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days.