SWPPP MT NPS YELL 11(2)N. Entrance_Park St.pdf

Stormwater Pollution Prevention Plan

SWPPP

For:

North Entrance and Park Street Improvement, MT NPS YELL 11(2)

Park County, MT

Federal Highway Administration, Western Federal Lands Highway Division

Project Engineer: _________ _

General Contractor: ----------

T able o f C ontents

Table of Cnntents

SWFPP/FSCP TABS

TAB 1: SWPPP/ESCP Narrative

TAB 2: NPDES Permit (Construction General Permit or Corresponding State Permit)

TAB 3: NOi, EPA/State Acknowledgement, Other Applicable EPA/State Correspondence

TAB 4: Delegation of Authority

TAB 5: Maps

TAB 6: Erosion/Sediment Control Plan Sheets (plan set and BMP typical details)

TAB 7: Permanent Stabilization and Revegetation Plan(plan sets and details)

TAB 8: SWPPP Amendment Log

TAB 9: Erosion/Sediment Control Inspection Reports and Requirements

TAB 10: Corrective Action Log

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

TAB 12: Training Log

TAB 13: Waste and/or Borrow Site Information

TAB 14: Grading and Stabilization.Log

TAB 15: Hazardous Spill Plan

TAB 16: Other Applicable Permits(§ 404, § 401, Oregon Remove-Fill Permit)

TAB 17: NPDES Quality Assurance Checklist

TAB 18: NPDES Notice of Termination (NOT)

Tab 1

CONTRACTOR:

Complete SWPPP narrative in accordance with contract 107.0lA(b).

Revise SWPPP narrative as needed throughout construction in accordance with contract 107.0lA(f)

ALASKA, IDAHO AND WASHINGTON PROJECTS ONLY:

SWPPP narrative must be signed by General Contractor's responsible corporate officer as defined in CGP 1.11.2.

File approved SWPPP narrative in Tab 1.

PERMIT NO.:

0 ·Rec'dBy:·

Montana Department of Environmental Quality

WATER PROTECTION BUREAU

FORM

SWPPP

Storm Water Pollution Prevention Plan (SWPPP) Form Storm Water Discharge Associated With Construction Activity

MTRlOOOOO READ THIS BEFORE COMPLETING FORM: The Fonn SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). It is the permittee's responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained.

Additional information may be needed to supplement the Form SWPPP. For additional infonnation, please call:

( 406) 444-3080 or visit: htt ://de .mt. ov/w info/m es/stormwaterconstruction.mc x Section A- SWPPP Status: (Check one) ii New No prior SWPPP submitted for this site.

□Modification Permit Number: MTRI O ____ (Please specify these four numbers)

Section B - Facility or Site Information:

Site Name North Entrance - Yellowstone National Park

Site LocationGardiner, Montana 59030

Nearest City or Town Gardiner, Montana 59030.

Section C - Applicant (Owner/Operator) Information:

Owner or Operator Name Federal Highway Administration

County Park

Mailing Address _6_10_E_5_th_S_t __________________________ _

City, State, and Zip Code_V_a_nc_o_u_ve_r"-, W_A_9_86_6_1 ____________________ _

Phone Number 360-619-7700 Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer:

Name or Position Tit)e _E..,..ri_n_C_hi.;..p;_ps _________________________ _ Mailing Address _6_1o_e_5_1h_S_t ___________________________ _ City, State, and Zip Code ...;V.;.;a.;.;.nco;;.;;.;;u.;..ve~r.,_, W~A..;;9.;;.86.;;.;6_1 _____________________ _ Phone Number 360-619-7637 Email __ en,__·n=.c=h=io.,.p .... s@=do=t=.g=o.;..v ____________ _ Training Course Certified Sediment & Erosion Control Lead Date Completed..;:;2=/2;;..;1=/2=0...:.18 ________ _

Final Permit: 2018-2022 FormSWPPP Page 1 of 10

Primary SWPPP Administrator: □Same as above Name or Position Title _P_ro_,.ie_c_t_En_g.._i_ne_e_r _________________________ _ Mailing Address _6_1_0_E_5_th_S_t ____________________________ _

City, State, and Zip Code _V_a_n_co_u_ve_r __ , W_A_9_8_6_6_1 _____________________ _ Phone Number 360-619-7700 Email ____________________ _ Training Course ______________ Date Completed ___________ _

Secondary SWPPP Administrator:

Name or Position Title ---------------------------- Mailing Address City, State, and Zip Code --------------------------- Phone Number Email ____________________ _

---------Training Course Date Completed

Section E - Site Description (Part 3.3) I. Describe the nature of the construction activity and what is being constructed.

The North Entrance Project consists of a new Yellowstone National Park entrance station building and two entry kiosks, a new employee bypass road, additional queuing lanes, and operational improvements to the Gardiner Transportation Center and Robert Reamer Road.

2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas.

Equipment and materials will be stored in existing disturbed areas adjacent to the project area. Staging and stockpile areas will be fenced to prevent encroachment on undisturbed "do not disturb" areas.

There are no non-commercial batch plants or other materials processing areas associated with this project.

3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction-related disturbance (including al I construction-related support activities).

Total Site Area (acres): _5_.5 ___ _

Area of Construction-Related Disturbance (acres): 4.2 -----

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

Soils consist of sand/silt/clay/gravel. Soils are of Hydrologic Soil Group B with good infiltration capacity.

Geotech investigations reaching up to 30 feet in depth found no bedrock or groundwater.

Final Permit: 2018-2022 Form SWPPP Page 2 of 10

?· Provide a brief description of the existing vegetation at the site and an estimate of the percent density of

;egetative ground cover.

The majority of the project occurs on existing roads in the town of Gardiner, MT, and fully within Yellowstone National Park. Solis consist ofTyplc and Aridic Afgiboroffs In outwash terrace landforms and belong to the hydrologlc group B. Much of this area has been previously disturbed by historical homesteading practices and Is seeded with crested wheatgrass, smooth brome, western needlegrass, and asllke clover. Nonnative annuals have moved In and the YNP is working to remove these.

Specify Percent Density of Existing Vegetation: 85% in unpaved area

6. For a stonn water discharge associated with construction activity with construction-related disturbance of five acres or more of total land area (based on the acreage provided in item E.3 above):

a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this detennination is based upon:

Runoff coefficient before construction: NIA

Runoff coefficient after construction: NIA Supporting Information Source:

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

N/A Percent.

7. In the OutfaH table below, identify the name(s) of the first state surface water(s) that receives storm water from the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the construction project discharges. If additional outfalls are applicable, please include an attachment

Size of ;type or Outfall Receiving Surface Water Drainage Area Latitude and Longitude of Discharge to

Number Associated with Discharge Outfall Municipal Storm each Outfall Sewer System

001 Gardner River 0.9 acres ® Sheet

45.02553, -110.69935 0Ycs@ No 0 Concentra!L'd

002 Yellowstone River 4.6 acres ® Sheet 45.033260, -110.708985 Q Yes@ No 0 Concentrated

0 Sheet

Yes 0 Concentrated No

0 Sheet 0 Concentrated Yes No

0 Sheet

Yes No 0 Concentrated

0 :meet 0 Concentrated Yes No

0 Sheet Yes 007 0 Concentrated No

0 Sheet Yes 008 0 Concentrated No

0 Sheet 0 Concentrated

Yes No

0 Sheet 0 Concentrated Yes No

a. List the impaired receiving surf ace waters from the table above.

Yellowstone River

Final Permit: 2018-2022 FormSWPPP Page 3 of 10

Section F - Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project:

Soils iil Areas of Shallow Grade □Areas of Steep Grade □Slopes

□Ditch ii Stockpiles □Contaminated Soils D Import and Export Operations □Entrance/ Exit Locations

Activities !!!Concrete Truck Washout le Masonry - Stone I Brick/ Concrete □Spray/ Wand Applications □Finish Work- Dry wall/ Painting □Equipment Washing □Washing of Buildings le Maintenance of Equipment le Refueling Operations

□Other Explain _________ _ □Application of herbicides, pesticides, fertilizers

Materials □Loading and Unloading Operations !!Storage of building materials □Storage of chemicals !!Portable Toilets □Concrete Batch Plant □Asphalt Batch Plant ii Worker Trash □Demolition Malerials / Debris 0 Other Explain ---------

Additional Pollutants

□Application of solvents or detergents □Construction Dewatering @Other Explain_P_a_v_in~g~------

List any additio.nal pollutants likely to be present at the construction project.

NIA

Non-Storm Water Discharges S l h f II bl e ect t e types o a owa · e non-storm water d' h !SC l'k I anzes I e 1y to b h e present at t e constructmn pro1ect.

Type of Allowable Non-Storm Water Dischare:e Present at Construction Proiect Irrigation Drainage (J Yes •> No Landscape Watering I• > Yes I > No Pavement Wash Waters l > Yes • No Routine Building Wash Down I 1 Yes •) No Uncontaminated spring or ground water I_) Yes • ·No Water used for dust control le > Yes 1 No Emergency firc-fi£htinl.! activities ,., Yes No Foundation or footing drains I•) Yes No Incidental windblown mist from cooling towers I J Yes ~ No Uncontaminated condensate from air conditioners, coolers, or other comoressors {•J Yes {) No Olher Explain C) Yes { ) No

Final Permit: 2018-2022 Form SWPPP Page4of 10

Section G - Selection of Best Management Practices (BMPs) (Part 3.5) ,,Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification

,rovided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request.

Erosion Control BMPs □Surface Roughening □Diversion Ditches !!Velocity Checks/ Check Dams !!Preservation of Existing Vegetation !!Minimizing Ground Disturbance !!Mulch-Straw/ Compost iiiTackifiers / Soil Binders !!Temporary Seeding □Erosion Control Blankets □Rough Cut Street Controls/ Water Bars □Channel Liner □Stream Crossing □Terracing iiiCulvert □Outfall / Outlet Protection (Rip Rap) □Other --------- Run On / Runoff Control BMPs □Temporary Slope Drain □Rock Run Down □Clean Water Diversion D Drainage Swales □Other ---------

Additional BMPs

Sediment Control BMPs l!!Silt Fence l!!Straw Wattles □Rock Wattles/ Rock Socks l!!Curb Socks □Straw Bales □Earthen Berms !!Vegetative Buffers □Drainage Ditch/ Ditch Berm □Gravel Pack □Tarps, Plastic, Visqueen □Compost Socks □Brush Barrier □Sandbag Barrier iilnlet Protection □Vehicle Tracking Control Pad □Stabilized Vehicle Entrance □Stabilized Parking Area □Stabilized Construction Roadway !!Street Sweeping □Sediment Trap □Sediment Basin □Other ----------

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

NIA

Final Permit: 2018-2022 FormSWPPP

Administrative Controls ii Concrete and Liquid Waste Washouts ii Worker Toilets !!Construction Fencing ii Dust Control □Secondary Containment !!i Dumpsters / Waste Receptacles iiiStabilized Staging Area ii Material Storage and Stockpile Area ii Paving and Painting Controls iiiSaw Cutting and Grinding Controls ii Spill Prevention and Response Procedures !!Traffic Control □Back Charging/ Penalties □Other ----------- Post Construction BMPs □Detention Pond(s) □Retention Pond(s) □Drainage Swales □Infiltration System(s) □Dry Well(s) □Other -----------

PageSof 10

Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements.

N/A

Dewatcring Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dcwatcring activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP.

N/A - No dewatering activities will occur as part of this proejct

D Dewatering activities will be controlled on-site with no discharge to state waters.

Provide a description of BMPs to be used to control dewatering activities on~site.

NIA

□Separate authorization obtained under the Construction Dewatering General Permit.

MPDES Permit Authorization Number: MTG07 ___ _ □Dewatering plan is attached to the SWPPP for the separate authorization.

Final Permit: 2018-2022 Form SWPPP Page 6 of 10

Se ct io n

H : M aj or

C on st ru ct io n A ct iv ity a nd B

M P

P ha si ng

P ar t 3

.7

Id en tif y th e to ta l n um be r o f m aj or c on st ru ct io n ac tiv iti es a ss oc ia te d w ith th e pr oj ec t:

_6 _

C om pl et e th e ta bl e be lo w b y lis tin g th e m aj or c on st ru ct io n ac tiv iti es in th e to p ro w

Li st th e se le ct ed

B M

Ps to b e us ed fo r t he c on st ru ct io n pr oj ec t I n th e fir st c ol um n.

S el ec t t he b ox in th e ro w a nd c ol um n th at w ill r ep re se nt w he n th e B

M P w ill b e us ed fo r e ac h m aj or c on st ru ct io n ac tiv ity

Fo r a dd iti on al m aj or c on st ru ct io n ac tiv iti es a nd

B M

Ps , c om pl et e an ot he r s he et u si ng th is p ag e.

Major Construction Activity Schedule (Part 3.7) List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity.

*Winter shutdown for all activities 10/5/2019 to 4/30/20 Mobilization: 5/28/19 to 6ll/19 - Install perimeter BMPs, set up trailers/toilets, stockpile materials & equipment Roadway reconstruction: 6/10/19 to 8/14/20 - Install perimeter BMPs, clearing & grubbing, grading, road reconstruction, install sidewalks, reapply conserved topsoil Demolition and debris disposal: 7/15/19 to 10/4/19 - Demolish existing entrance kiosks Structure construction/painting: 5/1/20 to 10/3/20 - Construct & paint new entrance kiosks Paving & striping operations: 6/2/20 to 9/26/20 - Lay ·pavement & add pavement markings Landscaping: 8/18/20 to 10/3/20 - Apply permanent seed mix & mulch, place boulders, plant trees & container stock

Section I - Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. lnfonnation to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs.

Conserved topsoil will be replaced in disturbed areas. NPS will apply their specific required seed mix, and a 1" layer of mulch will be applied over seeded areas within 2 days.

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

Stone headwalls at cross-drain culvert inlets and outlets Vegetated roadside ditches

Final Permit: 2018-2022 Form SWPPP Page8of10

Section K-Sitc Map (Part 3.10) ,Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must

;!early indicate all the required information in Part 3.10 of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility.

Section L - Inspection and BMP Maintenance Procedures (Part 3.11) Select the inspection schedule for the construction project:

l!JOnce every 7 calendar days □Once every 14 calendar days. and a post-stonn event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater. and/or within 24 hours of runoff from snowmelt. Check one: The rainfall event will be determined by either O a rain gage on site or 0the following weather service: ________________ _

Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part

3.12 of the General Permit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction.

Inspections will be conducted by certified personnel. WLF uses an inspection report template which is used for all inspections, and filed within the SWPPP binder of record. Corrective actions will be taken to repair, modify, or replace any BMPs used on site. Any corrective actions requiring changes to the ESC plans or SWPPP narrative will be recorded on the ESC plan sheets and in this SWPPP narrative in the SWPPP binder of record.

Section M - Water Quality Controls for Discharges to Impaired Water bodies (Part 2) Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies.

The permittee should only describe additional BMPs based on their construction activities pollutant sources.

Include any applicable TMDL condition, goal, requirement. implementation intent, or specific controls or requirements as directed by the Department.

Yellowstone River is listed as impaired for Ammonia, Arsenic, Copper, Lead, Nitrate, and Sedimentation/Siltation. There are no TMDLs established. Most pollutants causing impairment in this river occur naturally or from mining activities. Sedimentation/siltation could occur as a result of the project. Fiber rolls, vegetated ditches, check dams, vegetated buffers/leaving undisturbed vegetation.

Final Permit: 2018-2022 FormSWPPP Page 9 of 10

Section N - Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP.

Section O - CERTIFICATION

Pcrmittec Information: This SWPPP must be completed, signed, and certified as follows:

• For a corporation, by a principal officer of at least the level of vice president;

• For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

• For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official.

Alternatively, this SW PPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if:

• The authorization is made in writing by a person described above;

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

• The written authorization is submitted to the department.

All Permittees Must Complete the Following Certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-

633, MCA]

A. Name (Type or Print) Scott Smithline

B. Title (Type or Print} Environmental Manager

D. Signature / //' ✓/L ~4 ~ /[/ ~fi'(.._ ~

C. Phone No.

360-619-7785

E. Date Signed

I /9 / 1'1 The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this fonn and the applicable fee to:

Final Permit: 2018-2022

Department of Environmental Quality Water Protection Bureau

PO Box 200901 Helena, MT 59620-090 I

(406) 444-3080

Form SWPPP Page 10 of 10

N

GENERAL PERMIT

FOR

STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY

PERMIT NUMBER MTRlO0000

MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY

AUTHORIZATION TO DISCHARGE UNDER

THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM (MPDES)

In compliance with Section 75-5-101 et seq., Montana Code Annotated (MCA); Administrative Rules of Montana (ARM) 17.30.1101; 17.30.1301 et seq.; and ARM 17.30.601 et seq., owners and operators (permittees) with authorization under this General Permit for Storm Water Discharges

Associated with Construction Activity are permitted to discharge storm water resulting from construction activities as described in Section 1.1 of this Permit and subject to effluent limitations, monitoring requirements, and other conditions set forth herein.

This Permit shall become effective January 1, 2018.

This Permit and the authorization to discharge shall expire at midnight, December 31, 2022.

Issuance Date: ::rwly 18, 2o/7

FOR THE MONTANA DEPARTMENT

OF ENVIRONMENTAL QUALITY

Contents

Page 2 of32 Permit No.: MTRI 00000

I. Coverage Under This Permit

1.1. Eligibility

1.1.1. Construction Activities Covered

1.1.2. Allowable Storm Water Discharges

1.1.3. Allowable Non-Storm Water Discharges

1.1.4. Limitations on Coverage

1.2. Authorization under this Permit

l .2.1. New Authorizations (Not Previously Authorized) ........................................................ ;

1.2.2. Continuing Authorizations Under the 2013 General Permit

1.2.3. Public Sign or Other Notice Requirement (Effective January 1, 2021)

1.2.4. Modification to NOI-SWCs

1.3. Transfer of Coverage under this Permit

1.4. Termination of Coverage under This Permit

1.5. Storm Water Rainfall Erosivity Waiver Form

2. Effluent Limitations, Monitoring, and Reporting Requirements .............................................................. l 0

2.1. Technology-Based Effluent Limitations

2.1.1. Erosion and Sediment Controls

2.1.2. Soil Stabilization

2.1.3. Dewatering

2.1.4. Pollution Prevention Measures

2.1.5. SurfaceOutlets

2.1.6. Prohibited Discharges

2.2. Water Quality-Based Effluent Limitations

2.2.1. Water Quality Standards

2.2.2. Storm Water Discharges to Impaired Waterbodies

2.3. Inspections

2.3.1. Person(s) Responsible for Conducting and Documenting Inspections

2.3.2. Frequency of.Inspections

2.3.3. Weekly Routine Inspections

2.3.4. Biweekly Routine and Post-Storm Event Inspections

2.3.5. Reductions in Inspection Frequency

2.3.6. Severe Winter Conditions Delay

2.3. 7. Inspection Requirements

2.3.8. BMP Maintenance, Replacement, and Failures

2.4. Corrective Actions

2.5. Recordkeeping

2.6. Reporting

2.6.1. Notification of Primary SWPPP Administrator Changes

2.6.2. Noncompliance Reporting ...................................................................................... ~

3. Storm Water Pollution Prevention Plan (SWPPP)

3 .1. SWPPP - General Requirements

3.2. SWPPP Preparer and Administrator

3 .2.1. SWPPP Preparer (Effective January 1, 2019)

3.2.2. SWPPP Administrator

3.2.3. SWPPP Preparer and Administrator- Minimum Requirements

3 .3. Site Description

3.4. Identification of Potential Pollutant Sources

3.5. Selection of Best Management Practices (BMPs)

3.6. Dewatering

Permit No.: MTRI 00000

3.7. Major Construction Activity and BMP Phasing

3.8. Final Stabilization

3.9. Post-Construction Storm Water Management

3.10. SiteMap

3.11. Inspection and BMP Maintenance Procedures

3.12. SWPPP Revisions and Updates

3.12.1. Conditions that trigger revisions and updates are outlined below:

3.12.2. Revision and Update Options

4. Standard Conditions

4.1. Duty to Comply

4.2. Penalties for Violations of Pennit Conditions

4.3. Duty to Reapply

4.4. Need to Halt or Reduce Activity not a Defense

4.5 Duty to Mitigate

4.6. Proper Operation and Maintenance

4. 7. Permit Actions

4.8. Property .Rights ................... .'

4.9. Duty to Provide Information

4.10. Inspection and Entry

4.11. Availability of Reports

4.12. Reporting Requirements- Monitoring and Monitoring Reports

4.13. Monitoring and Records- Representative Sampling

4.14. Monitoring and Records- Retention ofRecords

4: 15. Monitoring and Records- Records Content

4.16. Monitoring and Records- Test Procedures

4.17. Monitoring and Records-Penalties for Falsification of Reports and Tampering

4.18. Signatory Requirements

4.19. Reporting Requirements - Planned Changes

4.20. Reporting Requirements- Anticipated Noncompliance

4.21. Reporting Requirements-Transfers

4.22. Reporting Requirements- Compliance Schedules

4.23. Reporting Requirements- Twenty-four Hour Reporting

4.24. Reporting Requirements- Other Noncompliance

4.25. Reporting Requirements- Other Information

4.26. Bypass

4.27. Upset Conditions

4.28. Fees

4.29. Removed Substances

4.30. Oil and Hazardous Substance Liability

4.31. Severability

4.32. Reopener Provisions

4.33. Toxic Pollutants

5. General Definitions and Abbreviations

1. Coverage Under This Permit

1.1. Eligibility

1.1.1. Construction Activities Covered

Page4 of32 Permit No.: MTRl 00000

This Permit applies to all areas of the State of Montana, except for lands within the external boundaries of Indian Reservations. This permit applies to "storm water discharge associated with construction activity," as defined in Part S of this permit.

A "storm water discharge associated with construction activity" regulated under this permit occurs when both of the following two criteria are met:

• There are areas of ground disturbance or other potential pollutant sources due to the construction activity where a storm water discharge to state surface waters can occur; and

• The construction activity disturbs through clearing, excavating, grading, or placement/removal of , earth material a total area equal to or greater than one acre. The "total area" must include all areas which are part of a "larger common plan of development or sale", as defined in Part 5 of this permit.

Determination of the acreage of distw·bance does not typically include distw·bance for routine maintenance activities on existing roads where the line mid grade or hydrologic capacity of the road is not being altered, nor does it include the paving of existing roads.

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

• All potential drainage/discharge conditions and flow patterns, and their variation during the different phases of the construction activity;

• All potential rainfall or snowmelt events and their unpredictability over time (such as experiencing a relatively higher rainfall or snowmelt amount in a relatively shorter time period);

• Support activities for the construction project which may be on or off the conventional construction project "site" (as defined in Part 5 of this permit);

• Storm water discharges must typically be regulated beyond the conventional construction earthwork and building phases, lasting from the initiation of construction-related ground disturbance to "final stabilization" (as defined in Part 5 of this permit) of that disturbance, which can sometimes take significant extra time to achieve; and

• Storm water which discharges into a drain inlet and/or storm sewer system from the site is regulated as a discharge to state surface waters if the inlet or system ultimately discharges into a state surface water.

Support activities can include, but are not limited to, areas used for access-related work, earth material borrow areas, equipment staging areas, materials storage areas, temporary concrete or asphalt batch plants, and any areas used for fill placement. For storm water discharges from support activities to be covered under this permit for a particular construction activity permit authorization, such support activities must:

• Not be part of a larger commercial operation serving multiple unrelated construction activities, and not continue operation beyond the completion of the permittees construction activity; and

• Have appropriate controls and measures identified for the particular support activity, including required documentation, in the Storm Water Pollution Prevention Plan (SWPPP) required in Part 3 of this permit.

Page 5 of32

1.1.2. Allowable Storm Water Discharges

Unless otherwise made ineligible through the provisions in Part I. I .4. below, the following discharges are eligible for coverage under this permit:

• Storm water discharges associated with construction activity as defined in Part 5 of this permit; and

• Storm water discharges to impaired waterbodies that are consistent with approved TMDLs and assigned WLAs, and the additional requirements within this permit.

1.1.3. Allowable Non-Storm Water Discharges

The following are non-storm water discharges allowed under this permit:

• Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;

• Irrigation drainage;

• Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;

• Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed);

• Routine external building wash down that does not use detergents;

• Uncontaminated ground water or spring water;

• Water used to control dust;

• Discharges from emergency fire-fighting activities;

• Foundation or footing drains where flows are not contaminated with process materials; and

• Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower ( e.g., "piped" cooling tower blowdown or drains).

1.1.4. Limitations on Coverage

The following discharges are not eligible for coverage under this permit:

• Storm water discharges that are mixed with non-storm water, other than those non-storm water discharges listed in Part 1.1.3 .;

• Prohibited discharges as listed in Part 2. I .6.;

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

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

• Storm water discharges to waterbodies that are inconsistent with additional Department requirements, on a case-by-case basis; or

• Discharges which the Department determines have a reasonable potential to cause, or contribute to, an exceedance of any applicable water quality standard, and/or the Department has determined coverage under a MPDES Individual Permit is required.

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

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

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

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

Page 6 of32 Pennit No.: MTRl 00000

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

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

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

• Any additional requirements that the Department detennines are necessary to carry out the provisions of 75-5-101, et seq., MCA; and

• A point source is a new source· or a new discharge and the discharge from its construction or operation will cause or contribute to a violation of water quality standards (ARM 17.30.1311(7)).

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

1.2.

The storm water discharge is different in degree or nature from discharges reasonably expected from . sources or activities within the category described in this MPDES General Pennit (including pollutants from process wastewater streams). · The MPDES pennit authorization for the same operation has previously been denied or revoked .

The discharge sought to be authorized under the 2017 General Permit is also included within an application or is subject to review under the Major Facility Siting Act, 75-20-101, et seq., MCA.

The point source is, or will be, located in an area of unique ecological or recreational significance .

Such determination must be based upon considerations of Montana stream classifications adopted under 75-5-301, MCA, impacts on fishery resources, local conditions at proposed discharge sites, and designations of wilderness areas under 16 USC 1132 or of wild and scenic rivers under 16 USC 1274.

Authorization under this Permit

An "owner or operator" of a "storm water discharge associated with construction activity" is required to obtain authorization under an MPDES permit. "Owner or operator" means a person who owns, leases, operates, controls, or supervises a point source. All construction activities that disturb and are part of a larger common plan of development or sale are subject to pennit coverage.

In this permit, the "owner or operator" is also identified as the "permittee".

A Notice oflntent (NOI) process is used for an owner or operator to obtain authorization to discharge under this permit. Through the submittal of a NOI, the owner or operator acknowledges eligibility for coverage under this permit and agrees to comply with the effluent limits and conditions of this permit. Authorization is effective upon the date ofreceipt of the complete NOi Package by the Department. A copy of the completed NOI Package must be maintained for the permittee's records. The NOI Package, as outlined below, shall be completed and submitted to:

Montana Department of Environmental Quality Water Protection Bureau

P.O. Box 200901 Helena, MT 59620-090 I

1.2.1. New Authorizations (Not Previously Authorized)

Page 7 of32 Permit No.: MTR 100000

Owners or operators can obtain first-time coverage under this permit by submitting a complete Notice of Intent (NOI-SWC) Package to the Department.

The NOI-SWC Package must consist of:

• A completed NOI-SWC form using the standard NOI form provided by the Department;

• A separate SWPPP, including all associated maps, diagrams, details, and plans, which has been completed in accordance with the requirements identified in Part 3 of this pe1mit;

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

• The appropriate "application fee" for the NOI-SWC.

1.2.2. Continuing Authorizations Under the 2013 General Permit Permittees requiring continued authorization beyond the December 31,2017, expiration date, must submit a complete NOI-SWC package to the Department for coverage under the reissued 2018-2022 General Permit.

The NOI-SWC Package must consist of:

• A completed renewal NOI-SWC form using the standard NOI-SWC form provided by the Department; ·

• A separate SWPPP, including all associated maps, diagrams, details, and plans, which has been completed in accordance with the requirements identified in Part 3 of this permit;

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

• The appropriate "application fee" for the NOI-SWC.

1.2.3. Public Sign or Other Notice Requirement (Effective January 1, 2021) This requirement is effective January I, 2021, in order to provide additional time for the regulated community to comply. The permittee must post a sign or other form of notice to publically display confirmation of coverage under this General Permit. The sign or other notice must be positioned in a safe, accessible location in close proximity to the regulated construction activities and visible from the nearest road. At a minimum the sign or other notice must include:

• Large, readable font;

• The MPDES authorization number or a copy of the confirmation letter;

• The statement "Request project information from Montana DEQ Water Protection Bureau at (406)

444-3080"; and

• The statement "File a report at: http://deq.mt.gov/DEQAdmin/ENF/Spill".

1.2.4. Modification to NOI-SWCs

Modification requests to current authorizations (including decreased or increased disturbance area) submitted within six months of the date of the coverage under this Permit are processed with the corresponding fee. If the request is submitted six months after the date of coverage under this Permit, the modification will be processed with the corresponding new "application fee" for the NOI-SWC.

A permittee may not request to add additional construction-related disturbance area(s) unless the new additional construction~related disturbance is directly contiguous to and directly associated with the original site, except for support activities.

The NOI-SWC Package must consist of:

Permit No.: MTRI 00000

• A completed NOI-SWC form using the standard NOI-SWC form provided by the Department with Modification checked in Section A;

• A separate SWPPP, including all associated maps, diagrams, details, plans, and records, updated in accordance with the requirements identified in Part 3 of this permit;

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

• The appropriate "application fee".

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

See NOI-SWC form and attached instructions.

1.2.5. Resubmittal and Administrative Processing

The Department may request a resubmittal of a NOI-SWC, SWPPP, any required records, and any associated fees. Administrative processing fees may be assessed for Department reviews.

1.3. Transfer of Coverage under this Permit

The Department has a Permit Transfer Notification form (PTN-SWC). Permittees must use the P1N-SWC to transfer ownership or change the name of the entity that holds an authorization under this permit with the · corresponding fee. The PTN-SWC must be submitted at least 30 days before the effective date of the proposed transfer and constitutes written notice to the Department under the Montana Water Quality Act that the new "owner or operator" assumes responsibility and liability for all the terms and conditions, including permit fees. This PTN-SWC form may not be used to transfer coverage to a new or different construction site, activity or location. Until the Department determines the submitted PTN-SWC form and the transfer to the new "owner or operator" is complete, the "owner or operator" of record remains responsible for compliance with the terms of the authorization under this Permit, including fees and/or violations.

1.4. Termination of Coverage under This Permit

Permittees may terminate coverage under this Permit after achieving of "final stabilization" for a construction site as defined in Part 5. of this Permit. In addition to achieving final stabilization, the permittee must also:

• Remove temporary storm water conveyances/channels and other temporary storm water control measures and/or BMPs

• Remove construction equipment and vehicles, and

• Cease all potential pollutant-generating activities due to the construction activity.

The permittee must submit the standard Department Notice of Termination (NOT-SWC) form to terminate coverage under this Permit. The NOT-SWC form must be signed by an authorized signatory and submitted to the Department.

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

If an individual MPDES permit is issued to an owner or operator for discharges which would otherwise be subject to this permit, coverage under this Permit is terminated on the effective date of the individual MPDES permit.

Page 9 of32

1.5.. Storm Water Rainfall Erosivity Waiver Form

Owners or operators of construction activities with less than five total acres of ground disturbance may use a "Storm Water Rainfall Erosivity Waiver Form" instead of obtaining coverage under this General Permit.

Submittal of a waiver certification is an optional alternative to obtaining permit coverage for discharges of storm water associated with small construction activity. If you submit a waiver request and the associated fee, your project is not waived until approval by the Department and the Department issues an approval letter.

Any discharge of storm water associated with small construction activity not covered by either this General Permit or a waiver may be considered an unperrnitted discharge under the Montana Water Quality Act. The Department reserves the right to take enforcement for any unpermitted discharges that occur between the time construction commenced and either General Permit authorization is granted or a complete and accurate waiver certification is submitted and approved. The Department may notify any operator covered by a waiver that they must obtain General Pennit coverage. Any member of the public may petition the Department to take action under this provision by submitting written notice along with supporting justification.

Page 10 of32 Pennit No.: MTRl 00000

2. Effluent Limitations, Monitoring, and Reporting Requirements

2.1. Technology-Based Effluent Limitations

Technology based effluent limits must be achieved through the good engineering selection and design, implementation, installation, and maintenance of Best Management Practices (BMPs) for all authorized stonn water disdiarges associated with construction activities. To meet this requirement, the pennittee must comply with all conditions in Part 2.1. of this Penn it, and any other state or local requirements, regardless of stringency. All BMPs must be documented in the SWPPP, site map(s), and/or inspection records. If alternative controls are utilized, documentation must be included to confinn impracticability and that the chosen measure achieves comparable criteria.

At a minimum, the pennittee must achieve the following in all BMPs:

2.1.1. Erosion and Sediment Controls

a. Control Stonn Water Volume and Velocity to minimize soil erosion, to include:

i. Select and design BMPs that address the amount, frequency, intensity, and total duration of precipitation; quantity and quality of stonn water runoff including peak flow rates and total stonn water volume; soil characteristics for the construction project area(s) including the range of the soil particle sizes expected to be present on the site; and timeframes the construction project will be completed;

11. Implement and install all BMPs in accordance with good engineering practices and design specifications;

111. Complete implementation and installation of BMPs before or at the start of each major construction activity;

1v. Minimize erosion within the construction project area;

v. Divert storm water runoff from disturbed areas to sediment removal BMPs;

vi. Minimize sediment discharges from the construction project area; and

vii. Maintain BMPs in effective operating condition.

b. Control Stonn Water Discharges, to include:

1. Minimize erosion at outlets and conveyance channels; and therefore, protecting downstream properties and waterways by controlling volume and velocity within the construction project area;

11. Protect all storm drain inlets (to include offsite inlets which receive and cany stonn water flow from your site to a state surface water, provided you have the authority to access the storm drain inlet);

iii. Manage and minimize vehicle / equipment entrances and exits to the construction project area;

1v. Stabilize ditches, swales, channels, and outlets;

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

vi. Provide surface outlets for retention and detention facilities for active construction, and discharge the highest quality water from the facility; and

vii. Protect infiltration facilities from sedimentation during active construction.

c. Minimize Soil Disturbance, to include:

1. Limit areas of disturbance and soil exposure; and

ii. Provide a natural buffer within the construction project area.

d. Minimize the Disturbance of Steep Slopes of 15% or greater, to include:

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

ii. Divert off site stonn water or ground water away from slopes and disturbed areas; and

111. Prevent stonn water run on from impacting sediment removal BMPs.

e. Maintain Natural Buffers around State Surface Waters, to include:

1. Maintain natural buffers around state waters; and

ii. Direct storm water runoff to vegetated areas.

f. Minimize Soil Compaction and Preservation of Topsoil, to include:

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

11. Preserve topsoil.

2.1.2. Soil Stabilization

Pennit No.: MTRI 00000

a. Temporary Soil Stabilization, to include:

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

b. Final Stabilization, to include:

2.1.3.

II. Stabilize disturbed areas within any portion of the project that have completed clearing, grading, excavation, or other earth disturbing activities with erosion control BMPs.

Dewatering

a. Control ground water, surface water, and/or accumulated stonn water dewatering activities to prevent discharges to state waters; and

b. Obtain authorization under the Construction Dewatering General Pennit or an individual pennit prior to discharge of dewatering effluent to state surface waters.

2.1.4. Pollution Prevention Measures

a. Implement pollution prevention measures that effectively manage and dispose of all pollutants in a way that does not cause contamination of stonn water, to include: .

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

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

iii. Maintain appropriate spill kits; clean up spills and leaks immediately; and report appropriate quantities in accordance with Part 4. of the pennit;

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

v. Apply fertilizers and herbicides per manufacturers' requirements; and

vi. Prevent discharges of concrete products.

2.1.5. Surface Outlets

When discharging from basins and impoundments, outlet structures must be utilized that withdraw water from the surface, unless infeasible, to discharge the highest quality water from the facility.

2.1.6. Prohibited Discharges

The following discharges are prohibited:

1. Wastewater from washout of concrete;

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

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

iv. Soaps or solvents used in vehicle and equipment washing or external building wash down;

v. Storm water discharges of disturbed, contaminated soils; and

vi. Toxic or hazardous substances from a spill or other release including the disturbance and/or removal of contaminated soils.

2.2. Water Quality-Based Effluent Limitations

2.2.1. Water Quality Standards

Permit No.: MTRI 00000

Storm water discharges regulated under this permit must be controlled as necessary to meet applicable numeric and narrative water quality standards. A storm water discharge associated with construction activity may not cause or contribute to an exceedance of applicable water quality standards.

If at any time the permittee becomes aware, or the Department determines, that a storm water discharge causes or contributes to an exceedance of applicable water quality standards, the pe1mittee must take corrective action as required in Part 2.4 of this permit. Additionally, the Department may require the permittee to obtain coverage under an individual permit, if information indicates the discharges are not controlled as necessary to meet applicable water quality standards.

2.2.2. Storm Water Discharges to Impaired Waterbodies

The permittee must identify if storm water discharges from their construction activity will discharge to impaired waterbodies.