SWPPP ARQS DEP25-100 AML-Valley Camp Mine Facilities.pdf

Storm Water Pollution Prevention Plan

(SWPPP)

Permit Number: WVR112811

Prepared For:

WVDEP Office of Abandoned Mine Lands

Development Name & Location:

Valley Camp Mine Facilities

OHIO

Prepared by:

The Thrasher Group, Inc

Date:

November 2024

This Storm Water Pollution Prevention Plan (SWPPP) is provided by the West Virginia Department of Environmental Protection (WVDEP). Providing this document does not certify that the information is complete or complies with all requirements. The WVDEP claims no responsibility for omissions or inaccuracies in values or information presented to the WVDEP by businesses seeking compliance with state environmental regulations.

1/202 gn

SWPPP Revision Documentation Form

This storm water pollution prevention plan (SWPPP) should be revised and updated to address changes in site conditions, new or revised government regulations, and additional on-site storm water pollution controls. The signature of this representative attests that the SWPPP revision information is true and accurate. Previous authors and facility representatives are not responsible for the revisions.

Number Date Company Representative’s Signature

CONTENTS

1.0 CONTACT INFORMATION

2.0 OBJECTIVE

3.0 NON-STORM WATER DISCHARGES

4.0 SWP3 REVIEW AND AMENDMENTS

4.1 Review

4.2 Amendments

5.0 SITE OR PROJECT DESCRIPTION

5.1 Description of Construction Activity & Environmental Impacts

5.2 Construction Activity with Potential Pollutant Sources

5.3 Major Activities Schedule

5.4 Property Acreage

5.5 Construction Activity Acreage

5.6 Soil Data

5.7 General Location Map and Site Map

5.8 Erosion and Sediment Control Site Map

5.9 Industrial Discharges

5.10 Receiving Waters

5.11 WVDEP Construction General Permit, WV0115924

5.12 Threatened and/or Endangered Species

5.13 Historical Determination

5.14 Total Maximum Daily Loading (TMDL)

6.0 EROSION AND SEDIMENT CONTROLS

6.1 Short & Long-Term Goals/Criteria

6.2 Best Practicable Technology (BPT)

6.3 Site-specific Erosion and Sediment Controls

7.0 STABILIZATION PRACTICES

7.1 Deadline to Initiate Stabilization Measures

7.2 Deadline to Complete Installation of Stabilization Measures

7.3 Other Deadlines

7.4 Stabilization Records

8.0 STRUCTURAL CONTROLS

8.1 Structural Control Requirements

8.2 Site Structural Controls

9.0 STORM WATER MANAGEMENT

10.0 OTHER CONTROLS

10.1 Other Control Requirements

10.2 Other Controls at the Site

11.0 APPROVED LOCAL PLAN

12.0 MAINTENANCE

13.0 INSPECTIONS OF CONTROLS

14.0 CONTRACTORS AND SUB CONTRACTORS’ RESPONSIBILITIES

15.0 UTILITY COMPANIES

16.0 EMERGENCY NOTIFICATION

17.0 EMPLOYEE TRAINING

APPENDICES

APPENDIX 4.0 (General Permit WV0115924) APPENDIX 5.1 (Project Description) APPENDIX 5.6 (Soil Data) APPENDIX 5.7 (Location Map) APPENDIX 5.8 (E & S Control Map) APPENDIX 6.3 (E & S Control Plan) APPENDIX 7.0 (Revegetation Plan) APPENDIX 7.4 (Stabilization Schedule) APPENDIX 18 (Construction Drawings) APPENDIX 19 (Stormwater Calculations)

1.0. CONTACT INFORMATION

PERMITTEE PHONE/FAX/MOBILE ADDRESS

WVDEP Office of Abandoned Mine Lands ATTN: Troy Schell

(304) 842-1900 101 Cambridge Place Bridgeport, WV 26330

PROJECT CONTRACTOR

To Be Determined (TBD)

TBD TBD

QUALIFIED PERSON/ 24-HOUR

CONTACT

TBD TBD TBD

OTHER

TBD TBD TBD

2.0 OBJECTIVE

A storm water pollution prevention plan must be prepared for storm water discharges that will reach Waters of West Virginia, including discharges to the Municipal Separate Storm Sewer System (MS4), and to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site, including off-site material storage areas, overburden and stockpiles of dirt, borrow areas, equipment staging areas, vehicle repair areas, fueling areas, etc., used by the permitted project. The SWPPP must describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of the general permit.

3.0 Non-Storm Water Discharges

All discharges authorized by this permit shall be composed entirely of storm water and treated AMD water.

4.0 SWPPP REVIEW AND AMMENDMENTS

4.1 Review

This SWPPP must be retained on-site at the construction site or, if the site is inactive or does not have an on-site location to store the plan, a notice must be posted describing the location of the SWPPP. This SWPPP must be made readily available at the time of an on-site inspection.

4.2 Amendments

This SWPPP will be revised or updated when the following occurs:

1. Change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in this SWPPP.

2. Results of inspections or investigations indicating this

SWPPP is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under the general permit.

3. To identify any new contractor and/or subcontractor that will implement a measure of the SWPPP.

All other permittees implementing portions of the SWPPP that will be impacted by a change to the SWPPP will be notified of the change in a timely fashion.

The revisions to the SWPPP will be documented on the “SWPPP Revision Documentation Form” found in the front of this document.

The authorized representative with regulatory authority (corporate officer or proprietor) to approve the SWPPP shall sign the modified plan certifying that the SWPPP revision information is true and accurate.

SEE APPENDIX 4.0 (General Permit WV0115924)

5.0 SITE OR PROJECT DESCRIPTION

5.1 Description of Construction Activity & Environmental Impacts

Developer: WVDEP Office of Abandoned Mine Lands

Builder: TBD

Site Location: Approximately 1.5 Miles Northeast of Triadelphia

Site/Project Description and Mitigation of Potential Environmental

Impacts:

SEE APPENDIX 5.1 (General Description)

5.2 Construction Activity with Potential Pollutants and Sources

The following lists the construction activities or materials that have the potential to contribute pollutants, including sediment, to storm water runoff.

Construction Activity and/or Material

Potential Pollutant

Land clearing Sediment – Total Suspended Solids (TSS), turbidity, oil and grease, Total Petroleum Hydrocarbons (TPH)

Excavation Sediment – TSS, turbidity, oil and grease, TPH

Filling Sediment – TSS, turbidity, oil and grease, TPH

Grading Sediment – TSS, turbidity, oil and grease, TPH

5.3 Major Activities Schedule

The following schedule sheet is an intended schedule or sequence of major activities that will disturb the soil for major portions of the site.

Details are provided as an attachment in Appendix C.

Schedule Sheet for Soil Disturbing Activities

Estimate Construction Start Date: December 2024

Estimate Construction End Date: November 2025

Activity

Estimated Time

Actual Time

Install BMPs

December 2024

Land clearing

Grading

Excavation

Filling

Utility Installation

N/A

Install foundations, retaining walls, etc

Paving

Revegetation

October 2025

BMP Removal

TBD

5.4 Property Acreage

The total anticipated area of soils to be disturbed is 3.35 acres.

5.5 Construction Activity Acreage

The total number of acres of construction activities, material storage areas, stockpiles, and borrows areas are listed below:

Activity or Material Acres

Construction Activities (resulting in land disturbance) 3.35 Off-site Material Storage Areas 0 Overburden and Stockpiles of Dirt 0 Borrow Areas 0

5.6 Soil Data

Soil data for each lot is listed on a “Soil Data Sheet”. This information includes pre-construction and post-construction runoff coefficient as well as a description of the soil type.

Soil Data Sheet

Pre-construction runoff coefficient: Low

Post-construction runoff coefficient: Low

Runoff Coefficient:

High: 70-100% impervious (example: asphalt, buildings, paved surfaces) Medium: 40-70% impervious (example: packed soils)

Low: 0-40% impervious (example: grassy areas)

Description of soil:

SEE APPENDIX 5.6 (Soil Data)

5.7 General Location Map and Site Map

SEE APPENDIX 5.7 (Location Map)

5.8 Erosion and Sediment Control Site Map

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

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

Limits of all areas to be disturbed (LOD);

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

Access roads;

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

Slopes prior to constructions and anticipated conditions after grading activities;

Location of topsoil stockpiles;

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

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

Locations and identification of sediment control structures;

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

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

Post-development storm water management structures required by local governments

Final storm water conveyances, including all ditches and pipe systems;

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

SEE APPENDIX 5.8 (E & S Control Map)

5.9 Industrial Discharges

This project does not involve discharges associated with industrial activities other than commercial construction activities.

For construction occurring on an industrial site, reference existing multi-sector SWPPP, if applicable.

There are not dedicated concrete, or asphalt plants associated with this project.

There will be no discharge of process wastewater from concrete or asphalt plants. Water from equipment and vehicle washing, wheel washing, concrete and bituminous washout, and washout from paints, oils, and other construction materials is production wastewater and cannot be disposed of on site or discharged without an individual NPDES permit. It must be contained and removed for processing and proper disposal.

5.10 Receiving Waters

The In compliance with the Clean Water Act (CWA), the WVDEP established water quality standards under Title 47CRS2. The water quality standards include designated uses, water quality criteria and anti-degradation policies. To maintain these standards, the WVDEP assigned specific tiers depending on the level of protection needed to maintain water quality and/or existing uses.

Tier 1 Waters – waters that maintains and protects existing uses of water body and the water quality conditions necessary to support such uses.

Tier 2 Waters – waters that maintains and protects “high quality” waters – water bodies where the level of water quality exceeds levels necessary to support recreation and wildlife and the propagation and maintenance of fish and other aquatic life.

Tier 3 Waters – means waters as otherwise identified in 47 CSR2-4.1.c and maintains and protects water quality in outstanding national resource waters.

Below is a list of the receiving waters that receive stormwater discharge from the site:

Little Wheeling Creek – classified as a Tier 1.

5.11 WVDEP Construction General Permit, WV0115924

A copy of the WVDEP Construction General Permit, WV0115924 is included in Appendix 4.0.

5.12 Threatened and/or Endangered Species

To be eligible for coverage under the construction stormwater permit, facilities must provide documentation on whether a listed endangered or threatened species, or critical habitat, are found with the proximity of the project. The facility used The Endangered Species Guidance provided in the Notice of Intent to help determine the status of the site. The species that must be considered in the Parish where this site is located are:

__None_____________________________________________________

A visual inspection of the area indicated (Check One):

No endangered or threatened species and/or critical habitat located within the proximity of the facility.

The following species and/or critical habitat and findings were noted:

NOTE: Include documentation regarding authorization under the Endangered Species Act (ESA), comprehensive site assessments, and/or BMP’s that are protective of listed endangered and threatened species and/or critical habitat, where applicable.

5.13 Historical Determination

The adverse effects on historic properties must be considered before a facility can be covered by the construction general permit. The National Register of Historic Places web site was reviewed and revealed the following (Check One):

None of the listed sites are located in the vicinity of the facility or listed sites will not be affected by the facility.

The following sites are located in the vicinity of the facility (West Virginia State Historic Preservation written agreement included in Appendix A.)

NOTE: Include written agreement with the West Virginia State Historic Preservation Officer (SHPO) that outlines all measures to be undertaken to mitigate or prevent adverse effects to the historic property, where applicable.

5.14 Total Maximum Daily Loading (TMDL)

The WVDEP (Check One)

Currently, there is no TMDL established for the receiving stream that would regulate potential pollutants from the construction site.

The enhanced BMP’s chosen for this site and discussed in this SWPPP are expected to ensure that storm water discharges are protective of water quality standards.

6.0 EROSION AND SEDIMENT CONTROLS

This section includes descriptions of control measures that will be implemented to control pollutants in the storm water discharges. The control measures shall, at a minimum, be designed to effectively minimize the discharge of pollutants by design, installation, and maintenance, in order to meet effluent limitations required by 40 CFR 450.21. These limitations were incorporated into the reissued WV0115924, effective February 10, 2019.

6.1 Short and Long-Term Goals/Criteria

Retain sediment on-site to the extent practicable with consideration for local topography, soil type, and rainfall.

Select, install, and maintain control measures according to the manufacturer or designer’s specifications.

Remove sediment accumulations if sediment escapes the site at a frequency to minimize further negative effects and, whenever feasible, prior to the next storm event.

Remove sediment from sediment traps and sedimentation ponds no later than the time that the wet storage design capacity has been reduced by 50%.

Remove sediment from silt fences, silt socks, and straw wattles before reaching 50% of BMP height (above ground).

Address off-site material storage areas in erosion and sediment control efforts (overburden and dirt stockpiles, borrow areas).

6.2 Best Practicable Technology (BPT)

The chosen controls shall include designs that are effective at minimizing pollutants, and should be installed and maintained to:

Control storm water volume and velocity in ways that minimize soil erosion.

Control storm water runoff during peak flow and total storm runoff volume to minimize channel and stream bank erosion and scour around discharge points.

Minimize exposed soils generated during construction.

Preserve topsoil where feasible.

Minimize disturbance of steep slopes on site.

Minimize sediment discharge with erosion and sediment controls that are designed and installed to address:

o Duration, amount, frequency and intensity of precipitation, o Nature of resulting runoff, o Soil characteristics: range of particle sizes present.

Use natural buffers around waters of the state and direct runoff to these areas, where feasible.

o Discharges to Outstanding Natural Resource Waters and impaired streams must have a 100-foot buffer zone, o Explain alternative practices where site constraints limit buffer zones.

Minimize soil compaction unless dictated by site development Utilize outlet structures that withdraw water from the surface of settling basins or impoundments.

6.3 Site-Specific Erosion and Sediment Controls

The erosion and sediment control methods used are listed in the “Erosion and Sediment Control Plan”. The plan for each lot, where applicable, is found in the “Individual Lot Information” section of the appendix. The sediment controls should address all the requirements in Sections 6.1 and

6.2 of this SWPPP.

SEE APPENDIX 6.3 (E & S Control Plan)

7.0 STABILIZATION PRACTICES

The site stabilization practices described in this SWPPP include temporary and permanent stabilization measures that ensure that disturbed portions of the site are stabilized, and that existing vegetation is preserved when possible. Final stabilization measures may include but are not limited to permanent protection such as pavement, compacted gravel, permeable pavements/pavers, buildings, stable waterways (riprap, concrete, grass or pipe), a healthy, vigorous stand of grass or natural vegetation that uniformly covers at least 70 percent of the ground, stable outlet channels with velocity dissipation that directs site runoff to a natural watercourse, and any other approved structure or material.

SEE APPENDIX 7.0 (Revegetation Plan)

7.1 Deadline to Initiate Stabilization Measures

The types of activities that constitute the initiation of stabilization include, but are not limited to:

Prepping soil for vegetative or non-vegetative stabilization Applying mulch or other non-vegetative product Seeding or planting Starting stabilization practices on a porting of the area to be stabilized Finalizing arrangements to have stabilization product fully installed.

Except as noted below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has permanently ceased or 4 days for sites required to use enhanced BMP’s.

Where the initiation of stabilization measures by the 4th day, as applicable after construction activity temporarily or permanently ceases is precluded by natural causes, stabilization measures shall be initiated as soon as conditions allow.

Where construction activity will resume on a portion of the site within 14 days from when activities ceased, (i.e., the total time period that construction activity is temporarily halted is less than 14 days) then stabilization measures do not have to be initiated on that portion of the site by the seventh day after construction activities have temporarily ceased.

Areas where the seed has failed to germinate adequately (uniform perennial vegetative cover with a density of 70%) within 30 days after seeding and mulching must be reseeded immediately, or as soon as weather conditions allow.

7.2 Deadline to Complete Installation of Stabilization Measures

As soon as practicable, but no later than 4 days after initiation of soil stabilization measures, the site will have completed:

Vegetative Stabilization – initial seeding or planting, and/or Non-Vegetative – installation or application of stabilization measures.

With extenuating circumstances like frozen conditions, stabilization measures will be completed as soon as practicable. Routine inspections will be continued until final stabilization requirements are met.

7.3 Other Deadlines

Where the site is affected by circumstances beyond the control of the Stormwater Permittee, and vegetative stabilization measures are proposed, the following deadlines apply:

Immediately initiate, and within 4 days complete installation of temporary non-vegetative measures to prevent erosion.

As soon as conditions allow, the activities required to plant and initially establish vegetation will proceed.

The circumstances that led to the inability to complete the deadlines outlined in sections 7.1 and 7.2 of this SWPPP will be documented, with the outline of a schedule for initiating and completing stabilization.

7.4 Stabilization Records

The stabilization practices implemented will be recorded on the “Stabilization Practice Schedule” found in the appendix. If construction activities temporarily or permanently cease, then it will be noted in the Stabilization Practice Schedule.

Stabilization Practice Schedule

Address: WVDEP Office of Abandoned Mine Lands

Stabilization Practices

Location Time Frame*

* Time Frame: Includes dates of major grading activities, dates when construction activities temporarily or permanently cease on a portion of the site, and dates when stabilization measures are initiated.

SEE APPENDIX 7.4 (Stabilization Schedule)

8.0 STRUCTURAL CONTROLS

8.1 Structural Control Requirements

Sediment traps and sediment basins may be used to control solids in storm water runoff for drainage locations serving less than ten (10) acres.

Sediment basins must utilize outlet structures that release water from the surface, unless infeasible.

At a minimum, super silt fence, belted reinforced silt fence, standard silt fences, 12” silt socks, or equivalent sediment controls are required for all down slope boundaries (and for those side slope boundaries deemed appropriate as dictated by individual site conditions) of the construction.

8.2 Site Structural Controls

The structural controls used on each lot are listed on the Structural Controls Sheet included in the Site Information Section of the appendix. These controls are used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off-site transport of eroded soils.

Structural Control Sheet

Address: WVDEP Office of Abandoned Mine Lands

Structural Control Selected

Rational

9.0 STORM WATER MANAGEMENT

If any permanent storm water controls (e.g. detention ponds, catch basin filter inserts, etc.) or velocity dissipation devices are installed during the construction process to control pollutants in storm water discharges and will remain in place after the completion of construction operations will be noted on the Structural Control Sheet found in the Site Information section of the appendix.

10.0 OTHER CONTROLS

10.1 Other Control Requirements

To minimize off-site tracking of sediments and generation of dust, typical controls may include stabilized construction entrances, shoveling and sweeping, watering for dust control, etc.

All construction and waste materials that pose a potential pollutant source to the storm water runoff from the construction site will be stored in such a manner so as to prevent or minimize storm water contact.

To demonstrate that all applicable state and local regulations governing waste disposal, sanitary sewer or septic systems are being obeyed, the following practices are in place:

The site will have the typical waste lumber, insulation, sheetrock, roofing, used paint supplies, etc. commonly found on a construction site. Either a roll off dumpster or wire fence containment will be provided for storing trash and rubbish until it can be properly disposed of. The dumpster or fence containment will be covered when not in use to prevent storm water from coming into contact with the trash and rubbish.

Any concrete or asphalt plants associated with the project will be permitted and operated under their appropriate stormwater pollution prevention control plans.

Any controls required for endangered or threatened species or their habitat, and/or those required by the State Historic Preservation Officer (SHPO) will be installed properly and maintained accordingly.

10.2 Other Controls at the Site:

If any other controls will be used, it will be described on the Other Control Sheet found in the Site Information in the appendix. For complex sites with more comprehensive controls, details are included in Appendix C.

Other Controls Sheet

Controls

Rationale

11.0 APPROVED LOCAL PLAN

The local requirements for an Erosion and Sediment Control Plan may or may not be met by the information contained in this SWPPP.

Additional information may be requested to fully comply with these local requirements.

12.0 MAINTENANCE

All erosion and sediment control measures and other protective measures identified in this SWPPP must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed within 24 hours for active construction sites and before the next anticipated storm event to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled, run over, removed, or otherwise rendered ineffective must be replaced or corrected immediately upon discovery.

13.0 INSPECTIONS OF CONTROLS

The permittee shall ensure site inspections are conducted by a Qualified Person in accordance with this section. The purpose of the inspection is to ensure compliance with the approved plan, and when the approved plan is not effective at protecting water quality, the inspection is to document that plan improvements are needed.

The person(s) inspecting the site may be a staff person or a third party hired to conduct such inspections as long as they meet the definition of a Qualified Person.

The site must be inspected as listed below, unless the site discharges to sensitive waters or the site qualifies for a reduction in the inspection frequency.

At least once every seven (7) calendar days and Within 24 hours of the occurrence of a precipitation event of 0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to cause a discharge.

An increase in inspection frequency is required for sites discharging to all waters except Tier 1.

For any portion of the site that discharges to a water that is classified as Tier 2 or Tier 3, or listed on the 303(d) list, inspections must be conducted in accordance with the following inspection frequencies:

Once every four (4) calendar days, and Within 24 hours of the occurrence of a precipitation event of 0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to cause a discharge.

Reductions in inspection frequency may occur in accordance with the following:

Stabilized areas:

The permittee may reduce the frequency of inspections to twice per month, no more than 14 calendar days apart, in any area of the site where final stabilization has been completed. If construction activity resumes in this portion of the site at a later date, the inspection frequency immediately increases to that required previous to the reduced frequency. The beginning and ending dates of this period must be recorded in the inspection report.

Exceptions:

For “linear projects”, where disturbed portions have undergone final stabilization at the same time active construction continues elsewhere, the permittee may reduce the frequency of inspections to twice per month no more than 14 calendar days apart, in any area of the site where the final stabilization has been completed. Inspect once more within 24 hours of the occurrence of a precipitation event of 0.25 inches or greater. If there are no issues or evidence of stabilization problems, further inspections may be suspended. If “wash-out” of stabilization materials and/or sediment is observed, following re-stabilization, the reduced inspection frequency is suspended. Inspections must continue until final stabilization is visually confirmed following a precipitation event of 0.25 inches or greater.

Frozen conditions:

If the permittee suspends construction activities due to frozen conditions, inspections on the site may be temporarily suspended until thawing conditions begin to occur if:

Runoff is unlikely due to continuous frozen conditions that are likely to continue at the site for at least three (3) months based on historic seasonal averages. If unexpected weather conditions (such as above freezing temperatures or rain events) make discharges likely, the permittee must immediately resume the regular inspection frequency as applicable;

Land disturbances have been suspended and all disturbed areas of the site have been stabilized.

If still conducting construction activities during frozen conditions, the permittee may reduce the inspection frequency to once per month if:

Runoff is unlikely due to continuous frozen conditions that are likely to continue at the site for at least three (3) months based on historic seasonal averages. If unexpected weather conditions (such as above freezing temperatures or rain events) make discharges likely, the permittee must immediately resume the regular inspection frequency; and

Except for areas undergoing construction activities, disturbed areas of the site have been stabilized, the beginning and ending dates of this period must be documented in the inspection report.

14.0 CONTRACTORS AND SUBCONTRACTORS’ RESPONSIBILITY

Each control measure implemented on site is identified along with the person responsible for implementing that measure in the Erosion and Sediment Control Plan found in the “Site Information” section of the appendix.

A list of contractors and subcontractors and the control measures their operations impact is listed in the “Site Information” section of the appendix. If the contractor is unknown at this time, this requirement may be waived.

All contractors and subcontractors working at the site are informed of the terms and conditions of the SWPPP and their obligation to follow the plan. In doing so, they agree not to perform their operations counter to the plan without first contacting the Permittee in order that the necessary adjustments to the SWPPP plan can be made to assure that pollutants are not discharged from the site in the storm water runoff.

15.0 UTILITY COMPANIES

Each control measure relating to the installation of utility service, is listed in the “Erosion and Sediment Control Plan” found in the “Site Information” section in the appendix.

16.0 EMERGENCY NOTIFICATION

In the event of an unauthorized discharge that causes an emergency condition, the operator shall notify the hotline (WVDEP24-hour Elkview Emergency Response Unit) by telephone at 1-(304) 558-5938 or 1-(800) 642-3074 and the National Response Center at 1-(800)-424-8802 no later than one hour after learning of the discharge. Notification will be made regardless of the amount of the discharge. A written notification shall be provided within five (5) calendar days after the telephone notification, in accordance with the general permit requirements. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and time, and if, the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

17. EMPLOYEE TRAINING

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

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

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

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

18. CONSTRUCTION DRAWINGS

SEE APPENDIX 18

19. STORMWATER CALCULATIONS

SEE APPENDIX 19

APPENDIX 4.0

General Permit WV0115924 aep

STATE OF WEST VIRGINIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF WATER AND WASTE MANAGEMENT

601 57th STREET SE

CHARLESTON, WV 25304-2345

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WATER POLLUTION CONTROL PERMIT

Permit No. WVO 115924 Issue Date: January 10, 2019 Effective Date: February 9, 2019 Expiration Date: February 9, 2024

Subject: Stormwater Associated with Construction Activities

To Whom It May Concern:

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

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

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

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

Permit No. WVOl 15924

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

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

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

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

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

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

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

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

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

Site Registration Applications approved from February 9, 2018 through February 9, 2019 must file the Notice of Termination for completed projects where all disturbed lands have been permanently stabilized, or, a signed certification of agreement to abide by the terms and conditions of this reissued General Permit within 90 days of the effective date. Additional application fees do not apply to the certification; however, annual fees still apply. Where any incomplete projects have disturbed lands that have not been permanently stabilized, status maps are required with the certification. The map may be in PDF format and is not required to conform to the specifications ofll.H.1.a. The status map shall show disturbed areas and the Limits of Disturbance (LOD), which is the area approved under the registration for land disturbance. Projects that have not disturbed any lands are not required to provide the status map. Additionally, the certification will contain an updated timeline for major activities as required by Part II.H.1.

Existing registrations under the Notice of Intent approved from February 9, 2018 through February 9, 2019 shall submit the Notice of Termination if all disturbed lands are permanently stabilized. If construction is not complete and all disturbed lands are not permanently stabilized, such projects may retain permit coverage through the expiration date of this General Permit by submittal of the certification described above within 90 days of the effective date of this reissued General Permit.

Projects discharging to Waters of the State with an approved sediment-related Total Maximum Daily Load (TMDL) with registrations that were approved for one year only with approval dates from February 9, 2018 through February 9, 2019 that have not completed construction and stabilized disturbed areas at the effective date of this permit are required to submit the above described certification. Such projects shall agree to implement Enhanced best management practices (BMP's ). Submittal of the certification will remove the I-year time constraint and the registration will be valid until the expiration of this reissued General Permit unless site stabilization and termination of the registration occur first. Projects required to submit Discharge Monitoring Reports under the 2012 permit with approval dates from February 9, 2018 through February 9, 2019 must submit the above described certification agreeing to implement Enhanced BMPs within 90 days of the effective date of this General Permit, which has eliminated monitoring.

All projects approved under the 2012 permit's Site Registration Application or Notice of Intent with an approval date prior to February 9, 2018 must submit the Notice of Termination if all disturbed areas are permanently stabilized. All other projects that have not been stabilized shall submit an application for continuing coverage within 90 days of the effective date of this General Permit.

Compliance with other laws and statutes

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

Continuation of this general permit

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

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

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

or

• Issuance or denial of an individual permit for the facility's discharge; or

• A formal permit decision by DWWM not to reissue this general permit, at which time DWWM will identify a reasonable time period of covered dischargers to seek coverage under an alternative general permit or individual permit. Coverage under this permit will cease at the end of this time period.

PART I. INTRODUCTION

I.A. TERMS OF PERMIT

LB. COMPLIANCE REQUIREMENT

J.C. WATERQUALITY

I.D. REQUIRED REPORTING

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

I.F. ALLOWABLE DISCHARGES

I.G. PROHIBITED DISCHARGES

PART II PRE-CONSTRUCTION REQUIREMENTS

II.A. APPLICATIONS

II.B. POSTING SIGN OR NOTICE

II.C. INCOMPLETE OR INCORRECT APPLICATIONS

II.D. PUBLIC NOTICING OF APPLICATIONS

ILE. AUTHORIZATION TO DISCHARGE

II.F. INSTALLATION OF EROSION AND SEDIMENT CONTROLS

ILG. QUALIFIED PERSON TO INSPECT EROSION AND SEDIMENT

CONTROLS

II.H. STORMW ATER POLLUTION PREVENTION PLAN (SWPPP)

COMPONENTS

II.I. GROUNDWATER PROTECTION PLAN (GPP)

II.J. CONSISTENCY WITH OTHER PLANS

PART III. REQUIREMENTS DURING CONSTRUCTION

III.A. COMPLY WITH APPROVED PLAN

III.B. INSPECTIONS BY QUALIFIED PERSON

III.C. IMPLEMENT ADDITIONAL BMPS TO PROTECT WATER QUALITY

III.D. FEES

PART IV. REQUIREMENTS AFTER CONSTRUCTION

IV.A. VERIFY ALL DISTURBED AREAS ARE STABILIZED ......... ·

IV.B. RECORDS INSPECTIONS

IV.C. PREPARE FOR TERMINATION

IV.D. TERMINATION OF COVERAGE

Director's Signature Page Appendix A

Appendix B

Appendix C

PART I. INTRODUCTION

I.A. TERMS OF PERMIT

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

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

LB. COMPLIANCE REQUIREMENT

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

LC. WATER QUALITY

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

Receiving waters for the exclusive purpose required by the paragraph above and m accordance with 4 7 C.S.R. 2.4 shall be protected from degradation as explained below:

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

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

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

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

Permit No. WVO 115924

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

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

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

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

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

I.D. REQUIRED REPORTING

I.D.1. Reporting Spill and Accidental Discharges

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

I.D.2. Immediate Reporting

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

Permit No. WVOI 15924

I.D.3. Reportable Quantities

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

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

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

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

I.F. ALLOWABLE DISCHARGES

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

LG. PROHIBITED DISCHARGES

The following discharges are not authorized by this permit.

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

• Directing pavement wash-waters directly into any surface water, storm drain inlet, or stormwater conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control:

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

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

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

• Toxic or hazardous substances from a spill or other release.

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

Permit No. WVOI I5924

PART II. PRE-CONSTRUCTION REQUIREMENTS

PRIOR TO CONSTRUCTION, the following are required:

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

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

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

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

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

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

• Install sediment and erosion controls;

• Qualified Person inspects the newly installed sediment and erosion controls.

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

II.A. APPLICATIONS

II.A. I. Application Requirements

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

II.A. I .a. Application Fee

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

II.A. I. b. Public Notice Advertisement

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

• Land disturbance of 100 or more acres;

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

• Projects discharging to Tier 3 streams.

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

II.A.1.c. Large Construction Projects

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

• Application Form, to include template for the sign

• Stormwater Pollution Prevention Plan;

• Groundwater Protection Plan;

• Pre-Construction Drainage Map

• During Construction Drainage Map showing the proposed location of all drainage structures and associated…