HomeMy WebLinkAbout419 Andover St Stormwater Report STORMWA TER POLLUTION PREVENTION PLAN
for
CONSTRUCTION ACTIVITIES
at
Crosspoint North Andover
419 &435 Andover Street
North Andover, MA 01845
SWPPP Prepared For:
Crosspoint Associates, Inc.
Kerry McCormack, P.E.
188 Needham Street, Suite 255
Newton, MA 02464
(508)655-0505
kmccormack@crosspointassociates.com
Prepared by:
BOHLER
45 Franklin Street, 5 th Floor
Boston, MA 02110
Phone: (617) 849-8040
www.bohlerengineering.com
SWPPP Preparation Date:
April 13, 2021
Estimated Project Dates:
Project Start Date: May 2021
Project Completion Date: May 2022
B 0 H L E R
Project#M201047
.TABLE OF CONTENTS Page
SECTION t CONTACT INFORMATION/RESPONSIBLE PARTIES ...........................— ..................................�2
11 Summary of Requirements....................................................................................... ..............................2
1.2 {}perator(s)/Su ) -------------------------------------.3
1.3 Sbonnwater Team.......................................................................... .........................................................4
14 Required SVVPPP Modifications......................................... ....................................................................5
1.5 Requirement to Post a Notice of Permit Coverage............................................................................... 6
SECTION 2: SITE EVALUATION, ASSESSMENT, AND PLANNING..................................................................7
21 Project/Site Information...........................................................................................................................7
2.2 Project Latitude/Longitude.......................................................................................................................7
2.3 Additional Project Information .................................................................................................................7
2.4 Discharge |nfonnation —................................... — ................................................................................../
2.5 Nature uf the Construction Activity.................................................. ........... — ........ .............................�8
2�6 Size of Construction Project............ ...... —................................ -- .......... ... ...... ............................9
2.7 Construction Support Activities ........................ ......................................................................................0
2.8 Sequence and Estimated DabeaofConntnuoUonAutivities-----------------------Q
210 Potential Poll ubant-GeneraUng Activities......... .................................................................... ..................9
211 Deadline to Initiate Stabilization........................... .......................................................... ... ................ 1O
2.111 Deadline bu Complete Stabilization Activities................................................................................ 10
211.2 Exceptions to the Deadlines...............— ...................................................................................... 11
212 Allowable N Discharges......—.............................................................. ..... ................. 11
2121 Prohibited Non-Stormwater Discharges.................................................................... — ............... 12
212.2 Control Measures for Non-Storm Water Flows ............................................................................. 13
213 Site Mape .................................................... ............................................................... — ................... 13
SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS ............. ... 14
31 Endangered Species Protection................ .......... .................................................................—............ 14
311 Supporting Documentation....... ......................................... ......... —................................................. 14
3.2 Historic Preservation ..................................... ..................................................................................... 14
3.3 Safe Drinking Water Act Underground Injection Control Requirements ............. — ..................... ...... 15
SECT|CDN4: EROSION AND SEDIMENT CONTROLG—..... .............................................................................. 17
41 Natural Buffers or Equivalent Sediment Controls.................................................................................. 17
41.1 Buffer Compliance Alternatives......................................................................................................... 17
41.2. Buffer Exceptions ........................................... ........................................................................... 17
4.2 Perimeter Controls ...................... ........................................................ ................. ................ ............ 1O
4.21 Silt Fence................................................................... ...... ............................... ................. ........ ... 18
4.3 Sediment Track-Out........................— ....................................... .......... ..........-- ....................--... 18
4.31 Specific Track-Out Controls ..................................... —...___.......................... ........................ ...... 18
4.3.2 Maintenance Requirements ...........................— .............................................................. ................ 18
4.4 Stockpiled Sediment or Soil ................................. .................................................................. ............. 18
4.5 Minimize Dust..................................... .............................................. — ................ ............................ 19
4.6 Minimize the Disturbance of Steep Slopes ........................................................................................... 1A
47 Topsoil..... ..........................................--.............................................................................................2O
4.8 Soil Compaction ........ ...........................................................................................................................2O
4.9 Storm Drain Inlets PrnteoUon -------------------------------------.20
410 Chemical Treatment............................................ --........................................................... — ..........21
411 Oewatehng Practices ..................... ............................... .................... ... ....... — ......................... ...21
412 Other Stormwuter Controls...............--......................................................... ............. .......................22
413 Site Stabilization...................................... .......................................................................... ..................22
4131 Measures of the Stabilization ......... ........... ..................................................................................23
Stornnwater Pollution Prevention Plan (S�NPPF)
SECT|ONG: POLLUTION PREVENTION STANDARDS .......... ........— ...... .................................................. 24
51 Potential Sources of Pollution .................................................................................. ..................... ....24
51.1 General Maintenance Requirements.................................................................................................24
5.2 Spill Prevention and Response.................................. .............................................. ...........................25
5.21 Emergency Spill Notification........................................... ....................... ........................................26
5.2.2 Reporting.............................................................................................................. ---....... ...........25
5.3 Fueling and Maintenance of Equipment or Vehicles................................................ ....................... ....25
5.4 VVaohingofEquipmentandVehkdeo ---------------------------------.26
5.5 Storage' Handling, and Disposal of Construction Prnduds. Materials, and Wastes .............. —..........2S
5.51 Building Products...............................................................................................................................26
5.5.2 Pesticides, Herbicides, Insecticides, Fertilizers, and Landscape Materials......................................28
5.53 Diesel Fue|, Oil, Hydraulic F|uida, Other Petroleum Products, and Other Chemicals -------.27
5.5.4 HazardouaorToxkcVVaato-------------------------------------.27
55.5 CnnstruodonondDomeoUoVVasto---------------------------------.28
5.5.6 Sanitary Waste......................................................................... ............................................... — ...28
5.6 Washing of Applicators and Containers used for Paint, Concrete or Other Materials..........................28
57 Fertilizers .........................................—..................................... .......................................................... 28
5.8 Other Pollution Prevention Practices ... —................................................................................. .........28
5.81. Contaminated Soils ....... ...................................................................................... ...... ..............28
5.8.2. Snow Removal Plan...---....................................................................... ............. —....... ...........20
SECTION 6: INSPECTION AND CORRECTIVE ACTION..................... ......... .............. .......... .......................30
61 Inspection Personnel and Procedures ........................ .......... .... ... ......... .........................................30
61iInspection Schedule............................. ..................—.......................................................................31
8.1.2 Inspection Areas............. ........................................................................................................... ....31
6.1.3 Inspection Requirements................................................................................................. ....—..... ....31
61.4 Inspection Reports...............................................---... ...............................................................'33
615 Inspection 8y EPA................... ..... ...... ............ .......................................................................---33
6.2 Corrective Action........................................... ..................................—......................................... ......'34
621. Corrective Action Report..................................................................— .......... .............................34
6.3 Delegation uf Authority................ .................................................. .............—......................................35
SECTION7: TRAINING...............--- .......... ...................................................................................................3G
SECTION 8: TERMINATION QF COVERAGE ....................................................................................................38
SECTION 9: CERTIFICATION AND NOTIFICATION.......................................................................................—3Q
SVVPPPAPPENDICES......... ...................................................... .............................. .............. ........ .................4U
Sbormwaber Pollution Prevention Plan kSVVPPP\
Cmuupoint North Andover
PROJECT SUMMARY
The Property is currently the site of Bertucci's restaurant ("Building 2"), and Ethan Allen and the Bliss
Spa and Salon ("Building 1"). Building 1 currently occupies 24,088 square feet (SF) and Building 2
occupies 6,030 SF. Crosspoint Associates, Inc. ("the Owner") proposes to redevelop the Property by
demolishing Building 1 in its entirety and constructing two (2) smaller buildings with a combined square
footage of 10,852 SF to house three (3) new commercial tenants. The massing on the Site will be
significantly reduced through the demolition of Building 1. Along with the modifications to the existing
building layout, the proposed Project program is inclusive of surface parking alterations, new amenity
areas associated with the tenant spaces, and landscaped areas.
The redevelopment of the Property will also include a significantly improved drainage system design,
including, but not limited to, a sub-surface infiltration system, proprietary separator water quality units,
perforated pipe level spreader infiltration systems, and bioretention areas. During the construction
phase of the Project appropriate BMPs will be installed, including erosion control barriers, inlet
protection, and various other techniques to appropriately filter stormwater discharges white the Site is
actively being redeveloped.
Ultimately, the improvements associated with the proposed redevelopment program will create
improved pedestrian connectivity within the Site between the proposed surface parking fields
associated with the new buildings. Pedestrian connectivity between the right-of-ways of Route 125 and
Route 114 through the Site will also substantially improved following the completion of MassDOT
improvements of these state roadways. Furthermore, the proposed drainage system design will
drastically enhance stormwater quality and recharge within the Site that will directly benefit neighboring
properties and local watershed system.
1
SECTHON1: CONTACT INFORMATION/RESPONSIBLE PARTIES
1'1 Summary #fRequirements
Because the project will disturb more than 1 ao[8 dUhOQ COOStruCtiOn. COw8m8ge under EP/\S
M8hOD@| PO||Ut8Ot Discharge Elimination 8ySt80 (NPOEG) General Permit for Storm VV@te[
Discharge from Construction Activities iS necessary. |nOrd8rfOrth8p[ jeoLLOObt8iDCOve[ageUOd8r
this NPOES General Permit` o Storm Water Pollution Prevention Plan (SVVPP Plan) must be
developed that contains the following requirements:
1. Certifications for the Owner, Operator, and Subcontractors must be included in the SWPP Plan.
The Owner is defined as the p8[rDitt88vvith Ope[@ti0D8| control over construction p|@OS and
specifications. The Operator is defined as the permittee with day-to-day operational control over
activities necessary to ensure compliance with the SWPP Plan. The Subcontractor is defined as
anyone employed by the Operator to carry out construction activities. Certifications are provided
in Section O.0 and Appendix Gof this 8VVPPPlan.
2. An 8|8[tr0DiC Notice Of |Ot8Dt (eNO|) 0uS[ be filed with the Federal Environmental Protection
Agency (EPA) prior LOthe initiation of construction activity covered by the GuOar8| Permit.
Construction activities may begin fourteen (14) days after receipt of complete eNC>| is posted
on EPA's NPOE8 web site. A paper copy of the Notice of Intent is provided for reference in
Appendix A. The eNOI shall be completed and submitted by logging into the following website:
httpS://wvvvv.ep8.gov/npdSS/StOrrnvv8t8pdiSCharg8S-COnStrUCtiOO-8CtiViU8S#8r8pOrtiOg and
following the steps to fill out a eNC}| for the 2017 General Permit for G0ormxxmter Discharges
from Construction Activities(C(]P). The eN[)| will need toba certified byan appropriate member
of the operator's COOOp@Oy. The certifying authority will need to S8i up and account with the
EPA'a NeT-CGP reporting system by registering as a certifier at this vvabaite address:
.
3. The OVvO8[ must also demonstrate as to VVh8LhO[ or not the p jS{t'S receiving waters has an
established or approved Total M@xinnUnl [)@i|y Load (TK8[}L). These iSSUeS are diSCUSS8d in
Section 2.0.
4. The Owner must demonstrate compliance with the Endangered Species Act (E8/\) and the
Historic Preservation Act (HPA). The Owner must determine whether any listed endangered O[
threatened Sp8Ci8S or designated critical habitat exists in the Project area. The Owner must also
determine whether areas of historical significance occur in the vicinity of the site. These issues
are outlined in Section 3.0 and Appendices J and K[ contain CU[[8SpOndenC8 with the
Massachusetts Historical Commission and U.S. Fish and Wildlife Endangered Species Division.
5. Storm water pollution prevention controls for construction activities rnUSt be implemented and
must conform to the Massachusetts Department of Environmental Protection and Federal
Environmental Protection Agencies Standards. The storm water pollution prevention controls
proposed for this project anopreS8nt8dinGSCtiUn4.0.
8. The 8VVPP Plan must identify any authorized non-storm water d)SCh8rQeS that are combined
with storm water discharges and implement a system of controls to provide appropriate pollution
prevention measures to these components of the discharge. Non-storm water discharges and
appropriate controls are discussed in Section 5.0.
7. An inspection and maintenance plan must be developed and implemented. This inspection and
nn8intanunoa plan is presented in Section 8.0. Construction activity records must becompleted
and maintained. Construction activity records Sh8|| be completed and nl8iOt8iDRd in Appendix
2
C and Site Inspection Reports shall be completed and maintained in Appendix D.
8. A written description of the release of a Reportable Quantity(RQ), an estimate of the amount of
the release, the date of the release, the circumstances leading up to the release, and the steps
that will be taken in response to the release must be submitted to the EPA. Copies of the written
description shall be retained in Appendix E.
9. The SWPP Plan must be updated to accurately reflect site changes, control measure changes
or in response to a hazardous or reportable quantity (RQ) release as defined in the Emergency
Response Plan for the Project. Copies of SWPP Plan amendments shall be retained in
Appendix F.
10. After final stabilization of the construction site, a Notice of Termination (NOT)shall be submitted
to the EPA. The NOT will be retained in Appendix B.
11. The SWPP Plan and all construction records must be retained for a period of at least 3 years
following final stabilization and the filing of a NOT. A copy of the SWPP Plan and all pertinent
records shall be maintained at the construction site during the duration of construction activity.
Additional requirements under the General Permit that are not included as part of this SWPP Plan
include the following:
1. A notice must be at the construction site main entrance that includes the General Permit
numbers for the project (when assigned) and a copy of the eNO1, the name and telephone
number of the local contact person, a brief description of the project, and the location of the
SWPP Plan if the site is inactive or does not have an on-site location to store the plan.
2. The Owner and Operator must allow access to the construction site by the EPA and
Massachusetts Department of Environmental Protection (MassDEP).
1.2 Operator(s) / Subcontractor(s)
All Operators associated with this construction project to be covered under the NPDES General
Permit must adhere to the requirements of this Stormwater Pollution Prevention Plan (SWPPP).
This SWPPP was required to be developed prior to submitting the electronic Notice of Intent(eNO1).
All known Operators associated with a construction project to be covered under this permit have
been identified and are noted within this section of this SWPPP. This SWPPP has been developed
on behalf of Owner/Developer but may be used as a group SWPPP as it is intended to address both
the owner's and the General Contractor's scope of work and obligations under the General Permit.
Should the General Contractor choose to utilize this SWPPP to obtain coverage under the General
Permit, they must complete and submit the appropriate documents, certifications and NO[ included
within the SWPPP.
Note: For the purposes of this SWPPP, an "Operator" is any party associated with a construction
project that meets either of the following two criteria:
1. The party has operational control over construction plans and specifications, including the ability
to make modifications to those plans and specifications; or
2. The party has day-to-day operational control of those activities at a project that are necessary
to ensure compliance with the permit conditions (e.g. they are authorized to direct workers at a
site to carry out activities required by the permit).
3
Subcontractors generally are not considered operators for the purposes of this permit, but are
required to comply with the Stormwater Pollution Prevention Plan (SWPPP) for any work that they
perform on-site. It is recommended that the Operators require their subcontractors sign a
Subcontractor Agreement such as the type included in Appendix G of this SWPPP.
All Operators must file an eNO1 to obtain coverage under the General Permit.
Note: Where there are multiple operators associated with the same project, all operators are
required to obtain permit coverage.
The Operator(s) who will be engaged in construction activities at the site have been identified as
the following:
Owner/Developer
Name: Crosspoint Associates, Inc.
Contact Name: Kerry McCormack, P.E.
Street: 188 Needham Street, Suite 255
City, State, Zip Code: Newton, MA 02464
Telephone: (508) 655-0505
Fax: N/A
Email: kmccormack@crosspointassociates.com
Contractor Name: Coastal Construction Corporation
Contact Name: David York
Street: 17 Railroad Avenue
City, State, Zip Code: Duxbury, MA 02332
Telephone: (781) 934-5767
Fax: (781) 934-5856
Email: dyork@coastalconstructioncorp.com
If more than one contractor is present:
Contractor Name: TBD
Contact Name:
Street:
City, State, Zip Code:
Telephone:
Fax:
Email:
1.3 Stormwater Team
Each Operator, or group of multiple operators that will be involved with this project, must assemble
a "Stormwater Team,"which will be responsible for overseeing the development of the SWPPP, any
later modifications to it, and for compliance with the requirements of the General Permit. This
SWPPP identifies the following individuals as the Stormwater Team:
4
Role or Responsibility: Civil Engineer
Name: Zachary Richards, P.E.
Position: Civil Engineer
Telephone: (617) 849-8040
Email: zrichards@bohlereng.com
Role of Responsibility: Construction/Stormwater Monitor
Name: Jared Walsh, E.I.T.
Position: Civil Engineer
Telephone: (617) 849-8040
Email: jwalsh@bohlereng.com
Role or Responsibility: Construction Project Manager
Name: David York
Position: Project Manager
Telephone: (781) 934-5767
Email: dyork@coastalconstructioncorp.com
If more than one contractor is present:
Role or Responsibility: TBD
Name:
Position:
Telephone:
Email:
Each member of the stormwater team must maintain ready access to an electronic or paper copy
of applicable portions of this permit, the most updated copy of the SWPPP, and other relevant
documents or information that must be kept with the SWPPP.
1.4 Required SWPPP Modifications
The Operator(s) must modify the SWPPP, including the site map(s), in response to any of the
following conditions:
• Whenever new operator(s) become active in construction activities on your site, or
changes are made to the construction plans, stormwater control measures, pollution
prevention measures, or other activities at the site that are no longer accurately reflected in
your SWPPP. This includes changes made in response to corrective actions. The SWPPP
does not need to be modified if the estimated construction sequence dates change during
the course of construction;
• To reflect areas on the site map where operational control has been transferred (and the
date of transfer) since initiating permit coverage;
• If inspections or investigations by site staff, or by local, state, tribal, or federal officials
determine that SWPPP modifications are necessary for compliance with this permit;
5
® Where EPA determines it is necessary to impose additional requirements on your
discharge, the following must be included in your SWPPP:
o A copy of any correspondence describing such requirements and;
o A description of the stormwater control measures that will be used to meet such
requirements.
® To reflect any revisions to applicable federal, state, tribal, or local requirement that affect
the stormwater control measures implemented at the site; and
® If applicable, if a change in chemical treatment systems or chemically enhanced
stormwater control is made, including use of a different treatment chemical, different
dosage rate, or different area of application.
The Operator must complete required revisions to the SWPPP within 7 calendar days following
the occurrence of any of the conditions listed above.
All modifications shall be recorded in Appendix F and shall include dates, description of the
modification, and the name of the person authorizing the change. All affected operators shall be
notified of said change.
1.5 Reuirement to Post a Notice of Permit Coverage
A sign or other notice of permit coverage must be posted at a safe, publicly accessible location in
close proximity to the construction site. The notice must be located so that it is visible from the
public road that is nearest to the active part of the construction site, and it must use a font large
enough to be readily viewed from a public right-of-way. At a minimum, the notice must include:
® The NPDES ID (i.e. permit tracking number)
® A contact name and phone number for obtaining additional construction site information
® The Uniform Resource Locator (URL) for the SWPPP (if available), or the following
statement: "If you would like to obtain a copy of the Stormwater Pollution Prevention Plan
(SWPPP) for this site, contact the EPA Regional Office at
https//www.epa.gov/npdes/contact-us-stormwater#regional "
® The following statement "If you observe indicators of stormwater pollutants in the discharge
or in the receiving waterbody, contact the EPA through the following website:
https://www.epa.gov/enforcement/report-environmental-violations ."
6
SECTION 2: SITE EVALUATION, ASSESSMENT, AND PLANNING
2'1 Project/Site Information
Project Site Name: Cnosopoint North Andover
Project Address: 41S & 435 Andover Street
Project State and Zip Code: North Andover, K8A01045
Project County: Essex County
2'2 Project Latitude/Longitude
Latitude: 41040' 37" N (dogreea, minutes, seconds)
Longitude: -71» 7' 35" VV (d8gr88S' minutes, seconds)
Method for determining latitude/longitude:
[] UGGS Topographic Map (specify aom|a): _________
OO EPA Web Site
O GPS
[] Other:
Horizontal Reference Datum:
O Y4AO27 QO MA[} 83 orVV(38 84 O Unknown
2-3 Additional Project Information
Is the project/site |OC8t8d in Indian country (8Dd. or located on property of religious or cultural
significance to an Indian tribe?
O Yes E No
If Yes, provide the nonnR Of Indian country land Or |Odi8D tribe 8eSooi8t8d with property:
Are the earth-disturbing activities in response toa public emergency?
O Yes OO No
If Yes, provide the cause of the public emergency:
Are you applying for permit coverage as a "federal operator' as defined in Appendix A of the
2012 Construction General Permit?
[] Yes DD NO
2'4 Discharge Information
Does your project/site discharge stornnvvoter into o Municipal Separate Storm Sewer System
(M@4)?
DD Yes O NO
Are there any surface waters that are located within 50 feet of your construction disturbance?
[] Yes 0 MO
7
Table 1 —Names of Receiving Waters
Name(s)of the first surface water that receives stormwater directly from your site and/or from the MS4(note:
multiple rows provided where your site has more than one point of discharge that flows to different surface
waters)
1. Unnamed Wetland
2.
3.
Table 2—Impaired Waters/TMDLs Answer the following for each surface water listed in Table 1 above
If you answered yes,then answer the following:
Is this surface Has a TMDL
water listed as What pollutant(s)are causing the been Pollutant(s)for which
"Impaired"? impairment? completed? Title of the TMDL document there is a TMDL
1. ❑YES ®NO ❑YES ®NO
2. ❑YES ❑NO ❑YES ❑NO
3. ❑YES ❑NO I ❑YES ❑NO
Describe the method(s)you used to determine whether or not your project/site discharges to an impaired water:
Table 3—Tier 2,2.5,or 3 Waters Answer the following for each surface water listed in Table 1 above)
Is this surface water designated as a If you answered yes,specify which Tier
Tier 2,Tier 2.5,or Tier 3 water? (2,2.5,or 3)the surface water is
(see Appendix F designated as?
of General Permit)
1. ❑YES ®NO
2. ❑YES ❑NO
3. 1 ❑YES ❑NO
8
2.5 Nature of the Construction Activity
Construction activities will involve site preparation necessary for construction of the foundations for
the major on-site structures, installation of the necessary underground utilities, and construction of
the stormwater management features as designed in the Site Development Plans. These activities
primarily include: demolition of the existing Building 1 and associated surface parking fields,
excavating, hauling within site and stockpiling of top and subsoils, and trenching and rough grading.
If foundation excavations penetrate into the groundwater table, lowering of the water table will be
required through localized perimeter point well dewatering. Once the excavations are completed,
forms will be constructed for footings, piers, piles and/or foundations. The structure will then be
constructed on the completed building foundations.
Soil erosion and sediment control measures will be installed prior to the commencement of any
significant soil disturbing activities and will remain in place until final site stabilization is complete.
These are discussed in the following section. Topsoil which must be excavated for site development
will be separated from the remaining soil and stockpiled on-site (if practicable) for use during site
landscaping. The stockpiled topsoil will be surrounded by silt fence and compost filter sock and
seeded to prevent the mobilization of sediment.
2.6 Size of Construction Project
Size of Property: ±2.68 acres (±116,672 SF)
Total Area of Construction Disturbance (in acres): ±2.5 acres
Max. Area to be Disturbed at Any One Time (in acres): ±2.5 acres
2.7 Construction Support Activities
Construction support activities located beyond the construction project area are not to be covered
under this SWPPP and the Construction General Permit.
2.8 Sequence and Estimated Dates of Construction Activities
The following is a description of the intended sequence of construction activities, including an
approximate schedule of the estimated start dates and the duration of the activity, for the following
activities:
Project Schedule: Sequence of Major Activities
Construction is scheduled to begin in May of 2021 and extend for approximately 12 months.
Construction activities shall be documented and retained.
2.9 Business Days and Hours for the Project
The contractor is to confirm allowable work hours with the municipality's Building Department and
per Municipal permit approval documents.
2.10 Potential Pollutant-Generating Activities
The following activities are anticipated during construction and could have the potential to
generate pollutants. All such activities are to be conducted in accordance with all applicable
General Permit requirements and in accordance with industry-standard best management
9
practices. An inventory of possible pollutants associated with each activity is listed below next to
the activity.
• Earthwork activities- sediment, earthwork equipment oil and fuel
• Paving operations- asphalt, asphalt sealer, oil, paving equipment fuel
• Concrete- concrete washout, concrete truck oil and fuel
• Exterior building painting- solvents, paint thinners, painting wash water
• Landscaping- outdoor fertilizer storage and application of fertilizer
• Solid waste storage and disposal- construction waste including any of the items above and
materials such as caulk, sealant, PVC glue, etc.
2.11 Deadline to Initiate Stabilization
The operator must initiate soil stabilization measures immediately whenever earth-disturbing
activities have permanently or temporarily ceased on any portion of the site. Earth-disturbing
activities have permanently ceased when clearing and excavation within any area of the
construction site that will not include permanent structures has been completed.
In circumstances where unplanned or unanticipated delays in construction due to circumstances
beyond the Operators control (e.g., sudden work stoppage due to unanticipated problems
associated with construction labor, funding, or other issues related to the ability to work on the
site; weather conditions rendering the site unsuitable for the continuation of construction work) and
you do not know at first how long the work stoppage will continue, the requirement to immediately
initiate stabilization is triggered as soon as you know with reasonable certainty that work will be
stopped for 14 or more additional calendar days. At that point, you must comply with the deadlines
to initiate and complete stabilization.
For the purposes of this SWPPP, EPA will consider any of the following types of activities to
constitute the initiation of stabilization:
1. Prepping the soil for vegetative or non-vegetative stabilization;
2. Applying mulch or other non-vegetative product to the exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the activities in # 1 — 3 on a portion of the area to be stabilized, but not on
the entire area; and
5. Finalizing arrangements to have stabilization product fully installed in compliance with the
applicable deadline for completing stabilization.
2.11.1 Deadline to Complete Stabilization Activities
When a total of 5.0 acres or less has been disturbed, earth-disturbing activities have temporarily
ceased when clearing, grading, and excavation within any area of the site that will not include
permanent structures will not resume (i.e., the land will be idle) for a period of 14 or more calendar
days, but such activities will resume in the future. The 14 calendar day timeframe begins counting
as soon as the Operator knows that construction work on a portion of the site will be temporarily
ceased. If more than 5.0 acres of land has been disturbed, stabilization measures must be
initiated immediately in areas of exposed soil where construction activities have permanently
ceased or will be temporarily inactive for 14 more calendar days. Stabilization measures shall be
completed as soon as practicable, but no later than seven (7) calendar days after stabilization has
been initiated.
10
In areas discharging to a sediment or nutrient impaired water, or to a water identified as Tier 2,
Tier 2.5, or Tier 3 for antidegradation purposes, stabilization must be completed as soon as
practicable, but no later than seven (7) calendar days after stabilization has been initiated. For
example, this would apply to sites discharging to waters with TSS, or phosphorus, or other similar
impairments. This project does not discharge to an impaired water; therefore, this standard is not
applicable.
As soon as practicable but no later than 14 calendar days depending on the above conditions,
after the initiation of soil stabilization measures consistent with this SWPPP, the Operator is
required to have completed:
a. For vegetative stabilization, all activities necessary to initially seed or plant the area to be
stabilized; and/or
b. For non-vegetative stabilization, the installation or application of all such non-vegetative
measures.
Final site stabilization is achieved when turf grass cover provides permanent stabilization for at least
70 percent of the disturbed soil surface, exclusive of areas that have been paved.
2.11.2 Exceptions to the Deadlines
Deadlines for projects that are affected by and or drought stricken areas, snow cover, or
circumstances beyond the control of the Operator (as defined in Part 2 of the General Permit) that
delay the initiation and/or completion of vegetative stabilization as required in this SWPPP, and
are using vegetative cover for temporary or permanent stabilization, may comply with the following
stabilization deadlines instead:
i. Immediately initiate, and within 14 calendar days complete, the installation of temporary
non-vegetative stabilization measures to prevent erosion;
ii. Complete all soil conditioning, seeding, watering or irrigation installation, mulching, and
other required activities related to the planting and initial establishment of vegetation as
soon as conditions or circumstances allow it on your site; and
iii. Document the circumstances that prevent you from meeting the deadlines required in
Section 2.9.1 above and the schedule you will follow for initiating and completing
stabilization.
2.12 Allowable Non-Stormwater Discharges
The following is a list of allowable non-stormwater discharge present at the site:
Type of Allowable Non-Stormwater Discharge Likely to be Present
at Your Site?
Discharges from emergency fire-fighting activities ❑ YES ® NO
Fire hydrant flushin s ® YES ❑ NO
Landscape irrigation ® YES ❑ NO
11
Waters used to wash vehicles and equipment YES NO
Water used to control dust YES NO
Potable water including uncontaminated water line flushings YES NO
Routine external building wash down E] YES E NO
Pavement wash waters YES [:1 N 0
Uncontaminated air conditioning or compressor condensate E] YES E NO
Uncontaminated, non-turbid discharges of ground water or spring E YES F] NO
water
Foundation or footing drains YES NO
Construction dewatering water YES NO
• Emergency firefighting activities are not anticipated.
• Fire hydrant flushing: It is anticipated that fire hydrant flushing will occur at the proposed
hydrant |UC3tiOOS during COOStruCtiDO to allow for quality COOinO| during installation.
• Landscape irrigation: Irrigation of the proposed landscaping may be needed to promote
establishment Ofvegetation.
• The washing ofconstruction
vehicles and equipment may occur QO-Site.
• Dust control may be inlp|8Dl8Oted on-site during
construction and is anticipated to be located within on-going non-stabilized work areas to
prevent dry and conditions.
• During construction, itia
anticipated that water line flushing will occur to assure quality control during installation.
• Building vvoandovvnduring
construction iS not expected.
• Pavement wash waters: VV@ShdOvvnOf pavement may occur.
• The proposed building will
contain air conditioning; however, it is unknown at this time as to whether the condensate will
discharge tO the surface orbe conveyed thought the building plumbing.
• Uncontaminated ground water or spring water: If groundwater is encountered, lowering the
water table will be required through localized perimeter well dewatering. The Operator is
responsible for all means and methods for any and all dewatering practices.
•
Foundation or footing drains where flows are not contaminated with process materials such as
Footing drains are not proposed for this project.
m he operator in required to document the locations
where devv@t8ring activities are to take place based upon construction sequencing.
2'12'1 Prohibited Non-Stormwater Discharges
The following diSCh8[g8S are specifically prohibited by the EPA`S G8De[8| Permit:
1. Wastewater from washout of concrete, unless managed by an appropriate control as
described in section 2.3.4 of the General Permit.
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials.
3. Fuels, oils, or other pollutants used in vehicle and equipment operation maintenance.
4. Soaps, solvents, or detergents used in vehicle and equipment washing or external
building washdown.
5. Toxic or hazardous substances from a spill or other release.
To prevent the above-listed prohibited non-stormwater discharges, operators must comply with the
applicable pollution prevention requirements in the General Permit.
2.12.2 Control Measures for Non-Storm Water Flows
Dust control water sprays and irrigation sprinklers shall be undertaken to minimize any volume of
non-stormwater runoff.
Pumped groundwater draw down water, fire line and potable waterline flushings shall be conducted
directly into the storm water conveyance system. Flows are only to be directed into the drainage
swales if adequate vegetative cover has been established and/or other provisions are taken to
prevent erosion of the conveyance structures. Care shall be taken to prevent high flow hose
discharges from eroding the detention pond bottom by either using splashboards or directing the
flow into an existing pool of water. Groundwater or storm water pumped from excavations that
contain silt or sediment shall be directed to a silt-fenced or straw bale diked area for settling prior to
discharge to the detention basins.
Wash-up waters shall be directed to the detention basins. No wash waters containing chemicals
shall be discharged on-site.
2.13 Site Maps
As part of this SWPPP a comprehensive design site plan package was developed entitled Proposed
Site Plan Development for 419 &435 Andover Street, prepared by Bohler, dated October 22, 2020,
revised through April 9, 2021, see Appendix K. These plans are considered to be part of this
SWPPP and shall be retained and made accessible in accordance with the SWPPP.
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SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS
3'1 Endangered Species Protection
Under what criterion listed in Appendix D of the General Permit are you eligible for coverage?
ZA El OC OD OE OF
3L1'1 Supporting Documentation
For criterion . indicate the basis for your determination that nu federal|y-|iated threatened or
endangered species or their designated critical habitat(s) are likely to occur in your site's action
area (as defined in Appendix Aof the General Pe[rDit). Check the applicable source Ofinformation
you relied upon including:
[] Specific COrnmnUniC@U0n with staff Ofthe U.S. Fish & Wildlife Service or M8ti0D@| Marine
Fisheries Service.
DD Publicly 8v8i|8bi8 species list: M8SSG|S OLIVER
[] Other source:
For criterion B, provide the Tracking Number from the other operator's notification of permit
authorization:
Provide a brief summary of the basis used by the other operator for selecting criterion A, B, C, D,
E. orF:
For criterion . provide the following information:
Also, provide a brief summary of the basis used for determining that your site's discharges and
discharge-related activities are not likely to adversely affect listed species or critical habitat:
For criterion D, E, or . attach copies of any letters or other communication between you and the
U.S. Fish & VVi|d|if8 Service or National KX8riO8 Fisheries Service concluding C0OSu|t8tiUD or
coordination @CLivid8S in Appendix J.
3'2 Historic Preservation
The fOUUvviDg steps outline the Screening Process in Appendix E of the General Permit:
Step
Do you plan On installing any of the following StOnnvv8ter CODtFU|S at your site? Check all
that apply below, and proceed tu Step 2.
F-1 Dike
R Berm
Z Catch Basin
Pond
Stormvvat8rConv8yanne Channel (n.g., ditoh, trenCh, perimeter drain, svvo|e' etc.)
Z Culvert
Z Other type of ground-disturbing StO[Dlvv3t8r control: Underground Infiltration System
Step 2
If you answered yes in Step 1, have prior surveys or evaluations conducted on the site
already determined that historic properties do not exist, or that prior disturbances at the site
have precluded the existence of historic properties? ® YES ❑ NO
If yes, no further documentation is required for Section 3.2 of the SWPPP.
Step 3
If you answered no in Step 2, have you determined that your installation of subsurface
earth-disturbing stormwater controls will have no effect on historic properties? ❑ YES ❑
NO
If yes, provide documentation of the basis for your determination.
Step 4
If you answered no in Step 3, did the State Historic Preservation Officer (SHPO), Tribal
Historic Preservation Office (THPO), or other tribal representative (whichever applies)
respond to you within 15 calendar days to indicate whether the subsurface earth
disturbances caused by the installation of stormwater controls affect historic properties? ❑
YES ❑ NO
If no, no further documentation is required for Section 3.2 of the SWPPP.
If yes, describe the nature of their response:
❑ Written indication that adverse effects to historic properties from the installation of
stormwater controls can be mitigated by agreed upon actions.
❑ No agreement has been reached regarding measures to mitigate effects to historic
properties from the installation of stormwater controls.
❑ Other:
3.3 Safe Drinking Water Act Underground Injection Control Requirements
Do you plan to install any of the following controls? Check all that apply below.
❑ Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or dug hole
that is deeper than its widest surface dimension, or has a subsurface fluid distribution
system)
® Commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults,
chambers, or other devices designed to capture and infiltrate stormwater flow
15
❑ Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any bored, drilled,
driven shaft or dug hole that is deeper than its widest surface dimension, or has a
subsurface fluid distribution system)
16
SECTION 4: EROSION AND SEDIMENT CONTROLS
4.1 Natural Buffers or Equivalent Sediment Controls
Are there any surface waters within 50 feet of your project's earth disturbances? ❑ YES ® NO
If no, no further documentation is required for Section 4.1 of the SWPPP.
4.1.1 Buffer Compliance Alternatives
If yes was noted above, check the compliance alternative that you have chosen:
❑ I will provide and maintain a 50-foot undisturbed natural buffer.
❑ I will provide and maintain an undisturbed natural buffer that is less than 50 feet and is
supplemented by additional erosion and sediment controls, which in combination
achieves the sediment load reduction equivalent to a 50-foot undisturbed natural
buffer.
❑ It is infeasible to provide and maintain an undisturbed natural buffer of any size,
therefore I will implement erosion and sediment controls that achieve the sediment load
reduction equivalent to a 50-foot undisturbed natural buffer.
❑ I qualify for one of the exceptions in Part 2.1.2.1.e. of the General Permit (If you have
checked this box, provide information on the applicable buffer exception that applies,
below.)
4.1.2. Buffer Exceptions
Which of the following exceptions to the buffer requirements applies to your site?
❑ There is no discharge of stormwater to the surface water that is located 50 feet from
my construction disturbances.
❑ No natural buffer exists due to pre-existing development disturbances that occurred
prior to the initiation of planning for this project.
❑ For a "linear project" (defined in Appendix A of the General Permit), site constraints
(e.g., limited right-of-way) make it infeasible for me to meet any of the CGP Part
2.1.2.1.a compliance alternatives.
❑ The project qualifies as "small residential lot" construction (defined in Part 2.1.2.1.e.iv
and in Appendix A of the General Permit).
For Alternative 1 (see Appendix G, Part G.2.3.2.a. of the General Permit):
For Alternative 2 (see Appendix G, Part G.2.3.2.b. of the General Permit):
17
❑ Buffer disturbances are authorized under a CWA Section 404 permit.
❑ Buffer disturbances will occur for the construction of a water-dependent structure or
water access area (e.g., pier, boat ramp, and trail).
4.2 Perimeter Controls
Compliance with the regulation to provide a 50' equivalent vegetated buffer is met by providing a
combination of perimeter erosion controls that will provide the appropriate protection against
sediment runoff. Perimeter controls that will be implemented for this project include the following:
.2.1 Silt Fence
Silt fence is a synthetic permeable mesh fabric typically incorporating wooden support stakes at
intervals sufficient to support the fence and water and sediment retained by the fence. Silt fence
is also available with a wire mesh backing. The fence is designed to retain sediment-laden water
to allow settlement of suspended soils before filtering through the mesh fabric for discharge
downstream. Silt fence shall be located to capture overland, low-velocity sheet flows as follows:
Install silt fence at a fairly level grade (along the contour)to provide sufficient upstream storage
volume for the anticipated runoff. A construction detail has been provided on the erosion and
sediment control plans. All sediment accumulated shall be removed before it reaches one-half of
the above ground height of the perimeter control. See section 2.8 for installation sequencing.
4.3 Sediment Track-Out
The construction site roads shall be maintained in good construction condition to minimize off-site
vehicle tracking of sediments. A construction entrance tire mud cleaning structure and laydown
area shall be constructed of crushed stone to remove mud from the tires of construction vehicles.
The rock shall be replaced as necessary to assure its effectiveness. Additionally, dump trucks
hauling material to or from the construction site shall be covered in accordance with state and local
regulations. The paved streets adjacent to the site will be inspected daily and swept, as necessary.
4.3.1 Specific Track-Out Controls
All access points from the public street into the construction site shall include a construction exit
composed of coarse stone to the dimensions shown on the Construction Drawings. The rough
texture of the stone helps to remove clumps of soil adhering to construction vehicle tires through
the action of vibration and jarring over the rough surface and the friction of the stone matrix
against soils attached to the vehicle's tires. A construction detail has been provided on the
erosion and sediment control plans.
If the majority of mud or dirt is not removed from existing traffic, hose bibbs shall be provided at
construction traffic exit points and vehicle tires shall be washed before exiting on public roads. Silt
from this washing operation shall be intercepted and trapped before wash water is allowed to be
discharged offsite.
The schedule for the Installation of this BMP is outlined in section 2.8 of this SWPPP
4.3.2 Maintenance Requirements
Where sediment has been tracked-out from your site onto the surface of off-site streets, other
18
paved areas, and sidewalks, the Operator must remove the deposited sediment by the end of the
same work day in which the track-out occurs or by the end of the next work day if track-out occurs
on a non-work day. The Operator must remove the track-out by sweeping, shoveling, or
vacuuming these surfaces, or by using other similarly effective means of sediment removal. The
Operator is prohibited from hosing or sweeping tracked-out sediment into any stormwater
conveyance (unless it is connected to a sediment basin, sediment trap, or similarly effective
control), storm drain inlet, or surface water."
4.4 Stockpiled Sediment or Soil
The Operator must locate stock pile areas per the erosion control plans and outside any
established natural buffers. Temporary perimeter sediment barriers are to be installed around the
limits of the stockpile area. Stockpiles of earthen materials shall be stored out of storm water
conveyance areas and in a manner that prevents erosion and the transport of sediments. Silt
fences shall be employed when required, as described in this plan. A construction detail has been
provided on the erosion and sediment control plans.
4.5 Minimize Dust
Fine water sprays shall be used to control dust onsite shall by spraying on dry areas of the site.
The use of oils and other petroleum based or toxic liquids for dust suppression is prohibited.
Chemical dust suppressants shall not be used. Wind screening may also be implemented if
deemed beneficial by the Operator or where dust conveyance may concentrate and discharge
offsite.
Dust control shall be implemented on a routine basis as deemed necessary by site conditions and
the Operator. Water shall be applied at a rate necessary to control the dust and as not to develop
saturated, muddy or puddle conditions on-site.
4.6 Minimize the Disturbance of Steep Slopes
Earthwork procedures shall be timed, and shall progress, in a manner that will minimize the
exposure of disturbed surfaces to storm water runoff. Excavation and filling sequences shall
typically proceed down slope while maintaining an earth dike at the toe of the slope. Tree felling,
stumping, grubbing, stripping and other construction activities shall be performed so as to
minimize disturbances and to not concentrate runoff(i.e., up or down slope, not cross slope) into
flows capable of soil erosion. Stabilization procedures shall be undertaken in accordance with this
plan and the requirements of the General Permit. Grubbing during wet seasons should be
avoided.
Minimized disturbance to steeps slopes will be achieved by phasing disturbances in areas where
appropriate, installation of retaining walls (where proposed) to limit ground disturbances and using
stabilization practices designed to be used on steep grades such as implementing erosion control
matting (geotextiles) and temporary mulching.
Geotextiles are porous fabrics known in the construction industry as filter fabrics, road rugs,
synthetic fabrics, construction fabrics, or simply fabrics. Geotextiles can be manufactured from
synthetic or natural materials. Geotextiles are used for filtration, reinforcement, material
separation, mattings, and drainage applications and erosion control. For sediment and erosion
control applications, they are most commonly used as mattings to stabilize flow in channels and
19
swales on recently planted slopes and as separators to prevent the migration of sediments into
other layers such as soil from beneath rip rap. Installation and maintenance shall be per the
manufacturer's recommendations and requirements.
Mulching refers to the placement of material, including but not limited to grass, wood chips, straw,
and gravel, on the soil surface to cover and hold in place disturbed soils. This practice is often
complementary to seeding and planting practices and provides temporary stabilization until
permanent vegetation becomes established.
Install mulch in a 3 to 5-inch layer over exposed surfaces and monitor regularly and inspect for
rills. Fill rill with new mulch. Continue to replenish mulch on a regular basis or until such time as
the slope has become permanently stabilized.
.7 Topsoil
Topsoil which must be excavated for site development shall be separated from the remaining soil
and stockpiled on-site (if practicable) for use during site landscaping. The stockpiled topsoil will be
surrounded by silt fence and seeded or covered to prevent the mobilization of sediment. A
construction detail is included on the erosion and sediment control plans.
4.8 Soil Compaction
In areas of the site where final vegetative stabilization will occur or where infiltration practices will
be installed, the Operator must restrict/limit vehicle/equipment use within those locations to only
the activities necessary for site development in order to avoid soil compaction. The Operator shall
utilize areas of proposed compacted/impervious surfaces to the greatest extent practical for
vehicle/equipment maneuvering. In the locations of proposed infiltration basins, a rough grade
shall be established to one foot above proposed finished grade until the site is stabilized and at
such time, final excavation may occur to proposed finished grades.
The Operator must implement soil conditioning techniques prior to seeding or planting areas of
exposed soils that have been compacted. Any technique used shall be for the support of
vegetative growth and installation.
4.9 Storm Drain Inlets Protection
Curb and grated inlets are protected from the intrusion of silt and sediment through a variety of
measures as shown on the Construction Drawings. The primary mechanism is to place controls in
the path of flow sufficient to slow sediment-laden water and to allow settlement of suspended soils
before discharging into the storm sewer. Controls typically provide a secondary benefit by means
of filtration. Grated inlets typically include a sturdy frame wrapped in silt fence or crushed stone-
lined perimeter to slow the flow of water. Curb inlets typically include crushed stone barriers held
in place with silt fence material or geotextile fabric. A construction detail is provided on the erosion
and sediment control plans.
The Operator must clean, or remove and replace, the protection measures as sediment
accumulates, the filter becomes clogged, and/or performance is compromised. Where there is
evidence of sediment accumulation adjacent to the inlet protection measure, you must remove the
deposited sediment by the end of the same work day in which it is found or by the end of the
following work day if removal by the same work day is not feasible.
20
4.10 Chemical Treatment
The use of chemical treatments is not proposed at this time, however, are not forbidden. Should
the Operator choose to use polymers, flocculants, or other treatment chemicals at the site, the
operator must update the SWPPP to include the following
a. A listing of all soil types that are expected to be exposed during construction and that will
be discharged to locations where chemicals will be applied. Also include a listing of soil
types expected to be found in fill material to be used in these same areas, to the extent
you have this information prior to construction.
b. A listing of all treatment chemicals to be used at the site, and why the selection of these
chemicals is suited to the soil characteristics of your site;
c. If you have been authorized by your applicable EPA Regional Office to use cationic
treatment chemicals, include the specific controls and implementation procedures
designed to ensure that your use of cationic treatment chemicals will not lead to a violation
of water quality standards;
d. The dosage of all treatment chemicals you will use at the site or the methodology you will
use to determine dosage;
e. Information from any applicable Material Safety Data Sheets (MSDS);
f. Schematic drawings of any chemically-enhanced stormwater controls or chemical
treatment systems to be used for application of the treatment chemicals;
g. A description of how chemicals will be stored consistent the general permit;
h. References to applicable state or local requirements affecting the use of treatment
chemicals, and copies of applicable manufacturer's specifications regarding the use of
your specific treatment chemicals and/or chemical treatment systems; and
i. A description of the training that personnel who handle and apply chemicals have received
prior to permit coverage, or will receive prior to use of the treatment chemicals at your site.
4.11 Dewatering Practices
The Operator is prohibited from discharging ground water or accumulated stormwater that is
removed from excavations, trenches, foundations, vaults, or other similar points of accumulation,
unless such waters are first effectively managed by appropriate controls. Uncontaminated, non-
turbid dewatering water can be discharged without being routed to a control.
The following discharge requirements for dewatering activities must be maintained:
• Do not discharge visible floating solids or foam;
• Use an oil-water separator or suitable filtration device (such as a cartridge filter) that is
designed to remove oil, grease, or other products if dewatering water is found to contain
these materials;
• To the extent feasible, utilize vegetated, upland areas of the site to infiltrate dewatering
water before discharge. In no case will surface waters be considered part of the treatment
area;
21
• At all points where dewatering water is discharged, comply with the velocity dissipation
requirements of Part 2.1.3.1 of the General Permit;
• With backwash water, either haul it away for disposal or return it to the beginning of the
treatment process;
• Replace and clean the filter media used in dewatering devices when the pressure differential
equals or exceeds the manufacturer's specifications.
If groundwater is encountered during the construction sequencing as described in Section 2.8 of
this SWPPP, lowering of the water table will be required through localized perimeter point well
dewatering. The Operator is responsible for all means and methods for any and all dewatering
practices.
4.12 Other Stormater Controls
In addition to construction related stormwater erosion controls, post development stormwater
controls are proposed. Storm water runoff generated within the Project areas to be developed will
be collected in water quality swales, storm water culverts, and directed to the on-site detention
basins.
Storm water directed to the detention basins will be infiltrated for storms up to and including the 100-
year storm event. To provide storm water treatment prior to discharge to the detention basins, a
system of water quality swales and sediment forebays will be employed. This "open" type,
vegetated drainage system will be used to collect and convey storm water runoff. This method of
storm water collection and conveyance has several distinct advantages over "closed" type catch
basin/manhole and drainpipe designs. The open type design provides:
• Additional ground surface area for infiltration;
• Runoff flow and velocity attenuation; and
• Moderate to significant pollutant removal capabilities.
• Suspended solids from post-constriction storm water runoff.
A post construction Operation and Maintenance Plan has been developed and will be implemented
by the property owner/manager post construction. Additionally, a long term pollution prevention
plan was developed and will be executed by same. The proposed stormwater improvements will
establish a comprehensive mechanism for long term protection against sediment and pollutants
associated with stormwater discharges.
4.13 Site Stabilization
Site Stabilization Practices:
M Vegetative ® Non-Vegetative
® Temporary ® Permanent
A fundamental principal for preventing erosion and controlling sedimentation is to minimize the
extent of land disturbance. For areas where disturbances cannot be avoided, rapid stabilization of
the surface is the most effective method of controlling erosion. Areas that are disturbed during
construction activity must be stabilized as soon as practicable. A land surface that is stabilized
resists the erosive action of storm water runoff.
For the purposes of this SWPPP, "exposed portions of your site" means areas of exposed soil that
are required to be stabilized. Note that EPA does not expect that temporary or permanent
stabilization measures to be applied to areas that are intended to be left unvegetated or
22
unstabilized following construction (e.g., dirt access roads, utility pole pads, areas being used for
storage of vehicles, equipment, or materials).
The General Permit also requires that records be retained as part of the SWPPP. The records
should include the dates of major grading activities, cessation and initiation of construction
activities, and initiation of stabilization measures. A draft record and future completed records shall
be maintained. It is recommended that the Operators utilize Grading/Stabilization Activities log in
Appendix C of the SWPPP to document compliance with the stabilization requirements in of the
CGP.
4.13.1 Measures of the Stabilization
The Operator must initiate soil stabilization measures immediately whenever earth-disturbing
activities have permanently or temporarily ceased on any portion of the site.
Below are descriptions of stabilization measures that will be used during project construction. To
be considered adequately stabilized, you must meet the criteria below depending on the type of
cover you are using, either vegetative or non-vegetative. See section 2.11.1 for applicable
stabilization deadlines.
• Temporary Seeding — Within 7 or 14 days after construction activity ceases on any
particular area, all disturbed ground where there will not be construction for longer than 7 or
14 days must be seeded with fast-germinating temporary seed and protected with mulch.
• Permanent Seeding — All areas at final grade must be seeded within 7 or 14 days after
completion of the major construction activity. Except for small level spots, seeded areas
should generally be protected with mulch.
• Permanent Plantings - At the completion of the Project, the contractor shall install and
adequately establish all plantings as required.
• Mulching - Mulching refers to the placement of material, including but not limited to grass,
wood chips, straw, and gravel, on the soil surface to cover and hold in place disturbed soils.
This practice is often complementary to seeding practices.
• Geotextiles - Geotextiles are porous fabrics known in the construction industry as filter
fabrics, road rugs, synthetic fabrics, construction fabrics, or simply fabrics. Geotextiles can
be manufactured from synthetic or natural materials. Geotextiles are used for filtration,
reinforcement, material separation, mattings, and drainage applications and erosion control.
For sediment and erosion control applications, they are most commonly used as mattings to
stabilize flow in channels and swales and on recently planted slopes, and as separators to
prevent the migration of sediments into other layers such as soil from beneath rip rap.
• Protection of Trees and Mature Vegetation - Natural vegetation shall be preserved
whenever possible, but especially on steep slopes, near perennial and intermittent
watercourses or swales, and on sites in wooded areas. Preserving natural and mature
vegetation can save money, beautifies areas, provides buffer and habitat and reduces soil
erosion. Erosion and Sediment Control Barriers shall be used to prevent equipment from
damaging areas designated for preservation. Special care should be taken with mature
trees. Barriers should be offset from trees to protect roots.
23
SECTION 5: POLLUTION PREVENTION STANDARDS
5'1 Potential Sources ofPollution
The following is a list of Pollutant Generating Activities that are anticipated onsite. The Operator iS
required to comply with the requirements outlined in the PO||UtinO PnavoOUoD Gt8Od8FdS Section of
this SVVPPP if any of the fO||OxViDO activities at the site or at any COOSt[UCtiOO support activity area is
proposed.
• Fueling and maintenance Of equipment o[vehicles;
m Washing Of equipment and vehicles;
• Storage, handling, and disposal of construction materials, products, and wastes;
• Washing of applicators and COOtaiO8nS used for paint, COOCPet8, or other materials;
• Sediment coil eotion/discharge
• Fertilization
The location of these proposed activities are shown on the erosion and sediment control plans. If
not shown, the Operator is required iO document and update the GVVPPP to show all |OCGdOnS Of
pollution generating activities.
5.1.1 General Maintenance Requirements
The Operator must ensure that all pollution pn8v8OUOO controls that are iOSt@|(8d remain in
effective operating condition and are protected from activities that would reduce their
effectiveness. The Operator must inspect all poll utant-g enerati ng activities and pollution
prevention controls in accordance with the inspection frequency requirements to avoid situations
that may result in |eohe, opil|a, and other releases of pollutants in aiornnvvater discharges to
receiving xv3tgrS, and must document the findings. If it is found that controls need to be [8p|8C8d'
repaired, or maintained, the Operator must make the necessary repairs or modifications in
accordance with the following:
|Did8ta work to fix the pn]b|eDl i[nno8di8tS|y after discovering the prOb|8nl. and COOlp|8t8 such work
by the close of the next work day, if the problem does not require significant repair or replacement,
Orif the problem can b8 corrected through routine maintenance.
When installation of a new pollution prevention control or a significant repair is needed, the
Operator must install the new or modified control and make it operational, or complete the repair,
bynO later than 7 calendar days from the time Ufdiscovery. |fitiS infeasible tO complete the
iOSt@|l3dOn Or repair within 7
calendar days, the Operator must document their records 8StOwhy it is iDf8@Sib|8 to complete the
installation or repair within the 7 calendar day bnnefnarne and document the schedule for installing
the stormwater control(s) and making it operational as soon as practicable after the 7 calendar day
Unnefranna.
Where these actions result in changes to any of the pollution prevention controls or procedures
documented in this 8VVPPP' the Operator nnUS\ modify the 8VVPPP accordingly within 7 calendar
days of completing this work.
24
5.2 Spill Prevention and Response
Prior to the commencement of any construction activity, the operator shall develop procedures for
expeditiously stopping, containing, and cleaning up spills, leaks, and other releases. Identify the
name or title of the employee(s) responsible for detection and response of spills or leaks.
5.2.1 Emergency Spill Notification
The Operator is prohibited from discharging toxic or hazardous substances from a spill or other
releases. Where a leak, spill, or other release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110,
40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour period, the Operator must notify
the National Response Center (NRC) at (800) 424-8802 or, in the Washington, DC metropolitan
area, call (202) 267-2675 in accordance with the requirements of 40 CFR Part 110, 40 CFR Part
117, and 40 CFR Part 302 as soon as the operator has knowledge of the discharge. The Operator
must also, within 7 calendar days of knowledge of the release, provide a description of the
release, the circumstances leading to the release, and the date of the release. State, tribal, or
local requirements may necessitate additional reporting of spills or discharges to local emergency
response, public health, or drinking water supply agencies
5.2.2 Reporting
In the event of a discharge of oil or another hazardous material, rapid notification of responsible
facility personnel, oil spill and/or hazardous material removal organizations and federal, state, and
local regulatory agencies can be essential to protecting the environment in the immediate vicinity.
As required by the conditions of the General Permit, all spills shall be recorded and documented
within the SWPPP. Detailed reports including the date and time of the incident, location, volume and
contents of the spill, weather conditions, response procedures, parties notified, recommended
revisions to the proposed storm water pollution prevention controls, operating procedures, and/or
equipment needed to prevent recurrence shall be maintained. Reports on reportable quantity spills
are to be maintained in Appendix E of this SWPP Plan.
Because construction activities may handle many hazardous substances over the course of
construction, spills of these substances in amounts that equal or exceed RQ levels are a possibility.
The Emergency Response Plan lists the RQ levels of the substances expected to be on the
construction site. Any discharge of a substance above an RQ shall be reported to the Construction
Manager.
5.3 Fueling and Maintenance of Equipment or Vehicles
If the Operator conducts fueling and/or maintenance of equipment or vehicles at the site, the
Operator must provide an effective means of eliminating the discharge of spilled or leaked
chemicals, including fuel, from the area where these activities will take place. To comply with the
prohibited discharges, the Operator must:
• If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC)
requirements in 40 CFR 112 and Section 311 of the Clean Waters Act CWA;
• Ensure adequate supplies are available at all times to handle spills, leaks, and disposal of
used liquids;
• Use drip pans and absorbents under or around leaky vehicles;
25
• Dispose of or recycle oil and oily wastes in accordance with other federal, state, tribal, or
local requirements;
• Clean up spills or contaminated surfaces immediately, using dry clean up measures where
possible, and eliminate the source of the spill to prevent a discharge or a furtherance of an
ongoing discharge; and
• Do not clean surfaces by hosing the area down.
5.4 Washing of Equipment and Vehicles
The Operator must provide effective means of minimizing the discharge of pollutants from
equipment and vehicle washing, wheel wash water, and other types of washing. The Operator
must, for storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic sheeting
or temporary roofs) to prevent these detergents from coming into contact with rainwater, or (2) a
similarly effective means designed to prevent the discharge of pollutants from these areas.
The Operator shall conduct all equipment and vehicle washing activities away from surface waters
and stormwater inlets or conveyances and direct wash waters to a sediment basin or sediment
trap, using filtration devices, such as filter bags or sand filters, or using other similarly effective
controls.
5.5 Storage, Handling, and Disposal of Construction Products, Materials, and Wastes
5.5.1 Building Products
The Operator must minimize the exposure to stormwater of any of the products, materials, or wastes
specified below that are present at the site by complying with the following requirements.
Note: These requirements do not apply to those products, materials, or wastes that are not a source
of stormwater contamination or that are designed to be exposed to stormwater.
The Operator must:
For building products: In storage areas, provide either (1) cover (e.g., plastic sheeting, storage
trailers or temporary roofs) to prevent these products from coming into contact with rainwater,
or (2) a similarly effective means designed to prevent the discharge of pollutants from these
areas.
Solid Waste Storage and Disposal: All waste materials will be collected and stored in a securely
lidded metal dumpster rented from a local waste management company which must be a solid
waste management company licensed to do business by the state and the city. The dumpster
will comply with all local and state solid waste management regulations.
5.5.2 Pesticides, Herbicides, Insecticides, Fertilizers, and Landscape Materials
In storage areas, the Operator must provide either (1) cover (e.g., plastic sheeting or temporary
roofs)to prevent these chemicals from coming into contact with rainwater, or(2)a similarly effective
means designed to prevent the discharge of pollutants from these areas; and comply with all
application and disposal requirements included on the registered pesticide, herbicide, insecticide,
and fertilizer label.
26
5.5.3 Diesel Fuel, Oil, Hydraulic Fluids, Other Petroleum Products, and Other Chemicals
The Operator must store chemicals in water-tight containers, and provide either (1) cover (e.g.,
plastic sheeting or temporary roofs) to prevent these containers from coming into contact with
rainwater, or (2) a similarly effective means designed to prevent the discharge of pollutants from
these areas (e.g., spill kits), or provide secondary containment (e.g., spill berms, decks, spill
containment pallets); and (3)clean up spills immediately, using dry clean-up methods where
possible, and dispose of used materials properly. Do not clean surfaces or spills by hosing the area
down. Eliminate the source of the spill to prevent a discharge or a continuation of an ongoing
discharge.
5.5.4 Hazardous or Toxic Waste
The Operator must:
• Separate hazardous or toxic waste from construction and domestic waste;
• Store waste in sealed containers, which are constructed of suitable materials to prevent
leakage and corrosion, and which are labeled in accordance with applicable Resource
Conservation and Recovery Act(RCRA)requirements and all other applicable federal, state,
tribal, or local requirements;
• Store all containers that will be stored outside within appropriately sized secondary
containment (e.g., spill berms, decks, spill containment pallets) to prevent spills from being
discharged, or provide a similarly effective means designed to prevent the discharge of
pollutants from these areas (e.g., storing chemicals in covered area or having a spill kit
available on site);
• Dispose of hazardous or toxic waste in accordance with the manufacturer's recommended
method of disposal and in compliance with federal, state, tribal, and local requirements; and
• Clean up spills immediately, using dry clean-up methods where possible, and dispose of
used materials properly. Do not clean surfaces or spills by hosing the area down. Eliminate
the source of the spill to prevent a discharge or a furtherance of an ongoing discharge.
All hazardous waste materials will be disposed of in the manner specified by local, state and/or
federal regulations and by the manufacturer of such products. Site personnel will be instructed in
these practices by the job site superintendent, who will also be responsible for seeing that these
practices are followed. Material Safety Data Sheets (MSDS's) for each substance with hazardous
properties that is used on the job site shall be obtained and used for the proper management of
potential wastes that may result from these products. An MSDS will be posted in the immediate
area where such product is stored and/or used and another copy of the each MSDS shall be
maintained in the SWPPP file at the job site construction trailer office. Each employee who must
handle a substance with hazardous properties will be instructed on the use of MSDS sheets and
the specific information in the applicable MSDS for the product he/she is using, particularly regarding
spill control techniques.
The Operator shall train all personnel in the proper cleanup and handling of spilled materials. No
spilled hazardous materials or hazardous wastes will be allowed to come in contact with storm water
discharge. If such contact occurs, the storm water discharge will be contained onsite until
appropriate measures in compliance with state and federal regulations are taken to dispose of such
contaminated storm water. It shall be responsibility of the job site superintendent to properly train
all personnel.
27
5.5.5 Construction and Domestic Waste
Provide waste containers (e.g., dumpster, or trash receptacle) of sufficient size and number to
contain construction and domestic wastes. In addition, you must: (1) On work days, clean up and
dispose of waste in designated waste containers; and (2) Clean up immediately if containers
overflow.
Solid Waste Storage and Disposal
All waste materials will be collected and stored in a securely covered metal dumpster rented from a
local waste management company which must be a solid waste management company licensed to
do business by the state and the city. The dumpster will comply with all local and state solid waste
management regulations.
5.5.6 Sanitary Waste
Position portable toilets so that they are secure and will not be tipped or knocked over. All sanitary
waste will be collected from the portable units by a licensed sanitary waste management contractor,
as needed or more frequently as required by local regulations.
5.6 Washing of Applicators and Containers used for Paint, Concrete or Other Materials
The operator must provide an effective means of eliminating the discharge of water from the
washout and cleanout of stucco, paint, concrete, form release oils, curing compounds, and other
construction materials. To comply with this requirement, Operator must:
• Direct all wash water into a leak-proof container or leak-proof pit. The container or pit must
be designed so that no overflows can occur due to inadequate sizing or precipitation;
• Do not dump liquid wastes in storm sewers;
• Dispose of liquid wastes in accordance with this SWPPP;
• Remove and dispose of hardened concrete waste consistent with your handling of other
construction wastes in this SWPPP;
• Locate any washout or cleanout activities as far away as possible from surface waters and
stormwater inlets or conveyances, and,to the extent practicable, designate areas to be used
for these activities and conduct such activities only in these areas.
5.7 Fertilizers
The operator is required to minimize discharges of fertilizers containing nitrogen or phosphorus.
To meet this requirement, you must comply with the following requirements:
• Apply at a rate and in amounts consistent with manufacturer's specifications;
• Apply at the appropriate time of year for your location, and preferably timed to coincide as
closely as possible to the period of maximum vegetation uptake and growth;
• Avoid applying before heavy rains that could cause excess nutrients to be discharged;
• Never apply to frozen ground;
• Never apply to stormwater conveyance channels with flowing water; and
• Follow all other federal, state, tribal, and local requirements regarding fertilizer application.
5.8 Other Pollution Prevention Practices
5.8.1. Contaminated Soils
Any contaminated soils (resulting from spills of materials with hazardous properties) which may
28
result from construction activities will be contained and cleaned up immediately in accordance with
the procedures given in accordance with applicable state and federal regulations. The job site
superintendent will be responsible for seeing that these procedures are followed.
5.8.2. Snow Removal Plan
Snow removal practices will consist of several management techniques to minimize major runoff
and pollutant loading impacts. First, de-icing compounds such as calcium chloride or calcium
magnesium acetate should be used. If stored, the de-icing compounds should be stored on enclosed
impervious pads. Low-salt areas will be designated on the portions of the road adjacent to streams
and wetlands. All snow removed should be placed in pervious areas where it can slowly infiltrate. In
addition, street cleaning will occur biannually.
29
SECTION 6: INSPECTION AND CORRECTIVE ACTION
6'1 Inspection Personnel and Procedures
Personnel Responsible for Inspections
Role orResponsibility: Construction Project K4anager
Name: David York
Position: Project K48OaQ8r
Telephone: (781) 934-5707
Email: dyOrk@CD8St8|oons[ructiODCOrp.COm
Role orResponsibility: COOStrUCtiOO/StOrmvv8i8rK8ODitOr
N8rn8: Jared Walsh, E.I.T.
Position: Civil Engineer
T8i8phOR8: k517\ 849-8040
Email: jxv8|Sh@bOh|8n3ng.CUrD
Role Or RoSpODSibi|kv: Civil Engineer
Name: Zachary Richards, P.E.
PUSUU0q: Civil Engineer
Telephone: /617\ 840-8040
Email: zhoharda@boh|enanA.00nn
Role or Responsibility: TBO
m@nl8:
P0ShUOn:
Telephone:
Email:
The Operator shall obtain copies of any and all |OC@| and state regulations, which are 8pD|iC8b|8 to
storm water OO@R8gernent and pOUUdOO rOiDinOiZ@UOO at this job site, and will comply fully with such
R3gU|8dOOS. The contractor will SUbDlii written evidence of such COOlp|iGnC8 if requested by the
Dvvn8r Or any agent of [8gU|8tOry body. The Contractor will comply with all CODditiUOS of the
NPDES GeD8[8| Permit for [|OOSt[UCtiOO Activities, including the CUOdibOnS related to maintaining
the SVVPP Plan and evidence Of COmp|i8nCS with the SVVPP Plan at the job site and 8||0vving
regulatory personnel access to the job site and to records in order to determine compliance.
The person(s) inspecting the site shall be the Operator or a member of their staff or a third party
hired to conduct such inspections. The person who conducts inspections shall be a "qualified
person."
Note: A"qualified person" is a person knowledgeable in the principles and practice of erosion and
sediment controls and pollution prevention, who possesses the skills to assess conditions at the
construction site that could impact stormwater quality, and the skills to assess the effectiveness of
any StOrrnvv8ter noDirO|S selected and installed to rnoot the requirements of this permit.
30
6.1.1 Inspection Schedule
All control measures will be inspected at least once every 7 calendar days. For any portion of the
site that discharges to a sediment or nutrient-impaired water or to a water that is identified as Tier
2, Tier 2.5, or Tier 3 for antidegradation purposes, inspections must be conducted once every 7
calendar days and within 24 hours of the occurrence of a storm event of 0.25 inches or more, or the
occurrence of runoff from snowmelt sufficient to cause a discharge.
6.1.2 Inspection Areas
The following areas require inspection:
• All areas that have been cleared, graded, or excavated and that have not yet completed
stabilization;
• All stormwater controls (including pollution prevention measures) installed at the site;
• Material, waste, borrow, or equipment storage and maintenance areas that are covered by
this SWPPP;
• All areas where stormwater typically flows within the site, including drainage ways
designed to divert, convey, and/or treat stormwater;
• All points of discharge from the site; and
• All locations where stabilization measures have been implemented.
The Operator is not required to inspect areas that, at the time of the inspection, are considered
unsafe to your inspection personnel.
6.1.3 Inspection Requirements
The following are requirement for inspections:
• Check whether all erosion and sediment controls and pollution prevention controls are
installed, appear to be operational, and are working as intended to minimize pollutant
discharges;
• Determine if any controls need to be replaced, repaired, or maintained;
• Check for the presence of conditions that could lead to spills, leaks, or other accumulations
of pollutants on the site;
• Identify any locations where new or modified stormwater controls are necessary to meet
the requirements of the SWPPP;
• At points of discharge and, if applicable, the banks of any surface waters flowing within
your property boundaries or immediately adjacent to your property, check for signs of
visible erosion and sedimentation (i.e., sediment deposits) that have occurred and are
attributable to site discharge; and
• Identify any and all incidents of noncompliance observed. If a discharge is occurring
during your inspection, the Operator is required to:
a. Identify all points of the property from which there is a discharge;
b. Observe and document the visual quality of the discharge, and take note of the
characteristics of the stormwater discharge, including color, odor, floating, settled, or
31
suspended solids, foam, oil sheen, and other obvious indicators of stormwater
pollutants; and
c. Document whether your stormwater controls are operating effectively, and describe
any such controls that are clearly not operating as intended or are in need of
maintenance.
• Based on the results of your inspection, initiate corrective action plan.
The following maintenance procedures are to be performed as noted.
• Litter, construction debris, and chemicals shall be prevented from exposure to storm water
and from becoming a pollutant source. A daily walkover of the Project site to identify
exposure of potential pollutants to storm water shall be performed.
• All measures will be maintained in good working order; if repairs are found to be necessary,
they will be initiated within 24 hours of report.
• Built-up sediment shall be removed from silt fences when it has reached 1/3 of the
aboveground height of the silt fence.
• Sediment shall be removed where accumulations reach one-half the aboveground height of
any straw bale barriers.
• Silt fences will be inspected for depth of sediment, tears or sags in the fabric, and to see if
the fabric is securely attached to the posts. Posts will also be inspected to ensure that they
are firmly set in the ground.
• Temporary and permanent seeding shall be inspected weekly during its period of
establishment for bare spots and areas of insufficient germination or growth. Remedial
action shall be taken to establish a stabilized surface in these areas once identified.
• Straw bale dikes shall be replaced when the strings have broken. Two stakes shall be
maintained in ground.
• Deteriorated silt fences shall be replaced as soon as the condition is discovered.
• Conveyance structures shall be maintained so as to operate in the design condition. Foreign
debris, including leaves and lawn cuttings shall not be allowed to accumulate in diversion
swales, water quality swales, sediment forebays, or detention basins.
• Fertilizer applications shall be applied strictly in accordance with manufacturer's instructions.
• Storm water detention basins and sediment forebays shall be maintained in working order
and free of foreign debris throughout the construction period. Any sediment basins will be
inspected for depth of sediment, and built up sediment will be removed when it reaches 50
percent of the design capacity or at the end of the job.
• Accumulations of sediment that escape to off-site areas must be removed at intervals to
minimize offsite impacts. Sediment accumulations in public streets shall be removed as soon
as possible and before any anticipated rain event. Vehicle tire mud cleaning devices shall
be maintained to ensure their proper operation.
• Spare erosion and sediment control barrier material shall be stocked on site.
32
A site inspection report will be made after each inspection. A copy of the report form to be
completed by the inspector is included in Appendix D.
6.1.4 Inspection Reports
The Operator must complete inspection reports within 24 hours of completing any site inspection.
A sample inspection report is included in the SWPPP for use and consideration (see Appendix D).
Each inspection report must include the following:
a. The inspection date;
b. Names and titles of personnel making the inspection;
c. A summary of your inspection findings, covering at a minimum the observations made in
accordance with the requirements for inspections as noted above.
d. If you are inspecting your site at the frequency above or due to rainfall measuring 0.25
inches or greater. The applicable rain gauge or weather station readings that triggered the
inspection must be included; and
e. If you have determined that it is unsafe to inspect a portion of the site, describe the reason
you found it to be unsafe and specify the locations that this condition applied to.
Each inspection report must be signed in accordance with Appendix I, Part 1.11 of the General
Permit.
The Operator is required to keep a current, copy of all inspection reports at the site or at an easily
accessible location, so that it can be made available at the time of an onsite inspection or upon
request by EPA. For purposes of this permit, your inspection reports may be kept electronically if
the records are:
a. In a format that can be read in a similar manner as a paper record;
b. Legally dependable with no less evidentiary value than their paper equivalent; and
c. Accessible to the inspector during an inspection to the same extent as a paper copy stored
at the site would be, if the records were stored in paper form.
All inspection reports completed for this part must be retained for at least 3 years from the date
that your permit coverage expires or is terminated.
6.1.5 Inspection By EPA
You must allow EPA, or an authorized representative of the EPA, to conduct the following
activities at reasonable times:
• Enter onto areas of your site, including any construction support activity areas covered by this
permit (see Part 1.3.c), and onto locations where records are kept under the conditions of this
permit;
• Access and copy any records that must be kept under the conditions of this permit;
• Inspect your construction site, including any construction support activity areas covered by this
permit and any stormwater controls installed and maintained at the site; and
• Sample or monitor for the purpose of ensuring compliance.
33
6.2 Corrective Action
Personnel Responsible for Corrective Actions:
Company Name: Coastal Construction Corporation
Contact Name: David York
Street: 17 Railroad Avenue
City, State, Zip Code: Duxbury, MA 02332
Telephone: (781) 934-5767
Fax: (781) 934-5856
Email: dyork@coastalconstructioncorp.com
Role or Responsibility: TBD
Name:
Position:
Telephone:
Email:
Any deficiencies discovered during an inspection must be addressed by the installation of new or
modified erosion controls to make it operational, or complete the repair, by no later than 7
calendar days from the time of discovery. If it is infeasible to complete the installation or repair
within 7 calendar days, you must document in your records why it is infeasible to complete the
installation or repair within the 7 calendar day timeframe and document your schedule for installing
the stormwater.
Where your corrective actions result in changes to any of the stormwater controls or procedures
documented in your SWPPP, the Operator must modify the SWPPP accordingly within 7 calendar
days of completing corrective action work.
6.2.1. Corrective Action Report
For each corrective action taken, the Operator must complete a corrective action report. Note that
these reports must be maintained in your records but do not need to be provided to EPA except
upon request. The Corrective Action Report shall be prepared in accordance with the following:
• Within 24 hours of identifying the correction action condition, document the specific
condition and the date and time it was identified;
• Within 24 hours of completing the corrective action condition, document the specific
condition and the date and time it was identified;
• Each corrective action report must be signed and certified in accordance with Appendix I,
Part 1.11 of the General Permit
• A copy of all corrective action reports must be kept at the site or an easily accessible
location so that it can be made available at the time of an on-site inspection or upon
request by the EPA;
• All corrective action reports completed for this part must be retained for at least 3 years
from the date that your permit coverage expires or is terminated.
34
6.3 Delegation of Authority
Duly Authorized Representative(s) or Position(s):
Company Name: Crosspoint Associates, Inc.
Contact Name: Kerry McCormack, P.E.
Street: 188 Needham Street, Suite 255
City, State, Zip Code: Newton, MA 02464
Telephone: (508) 655-0505
Fax: N/A
Email: kmccormack@crosspointassociates.com
35
SECTION 7: TRAINING
Personnel selected for the inspection and maintenance responsibilities will receive training from
the job site superintendent and/or the operator. They will be trained in all the inspection and
maintenance practices necessary for keeping the erosion and sediment controls that are used
onsite in good working order. It is recommended to utilize the sample training log for recording
keeping contained in Appendix H.
Prior to the commencement of earth-disturbing activities or pollutant-generating activities,
whichever occurs first, the Operator must train and ensure that the following personnel understand
the requirements of this SWPPP and their specific responsibilities with respect to those
requirements:
• Personnel who are responsible for the design, installation, maintenance, and/or repair of
stormwater controls (including pollution prevention measures);
• Personnel responsible for the application and storage of treatment chemicals (if
applicable);
• Personnel who are responsible for conducting inspections as required; and
• Personnel who are responsible for taking corrective actions
The Operator is responsible for ensuring that all activities on the site comply with the requirements
of this SWPPP. The Operator is not required to provide or document formal training for
subcontractors or other outside service providers, but must ensure that such personnel
understands any requirements of the SWPPP that may be affected by the work they are
subcontracted to perform. At a minimum, personnel must be trained to understand the following if
related to the scope of their job duties (e.g., only personnel responsible for conducting inspections
need to understand how to conduct inspections):
• The permit deadlines associated with installation, maintenance, and removal of stormwater
controls and with stabilization;
• The location of all stormwater controls on the site required by this permit, and how they are
to be maintained;
• The proper procedures to follow with respect to the permit's pollution prevention
requirements; and
• When and how to conduct inspections, record applicable findings, and take corrective
actions.
Table 7-1: Summary Table for Completion of Training
-Name ®ate Training Completed
36
37
SECTION : TERMINATION F COVERAGE
Until coverage is terminated, all conditions of the general permit must be complied with. Coverage
must be terminated within 30 days of one or more of the following conditions:
• Construction activities and if applicable, construction support activities have been
completed and the following requirements are met:
a. For any areas that (1) were disturbed during construction, (2) are not covered over
by permanent structures, and (3) over which you had control during the
construction activities, you have met the requirements for final vegetative or non-
vegetative stabilization in Part 2.2.14b of the General Permit;
b. You have removed and properly disposed of all construction materials, waste and
waste handling devices, and have removed all equipment and vehicles that were
used during construction, unless intended for long-term use following termination of
permit coverage;
c. You have removed all stormwater controls that were installed and maintained
during construction, except those that are intended for long-term use following your
termination of permit coverage or those that are biodegradeable; and
d. You have removed all potential pollutants and pollutant-generating activities
associated with construction, unless needed for long-term use following your
termination of permit coverage; or
• You have transferred control of all areas of the site for which you are responsible under
this permit to another operator, and that operator has submitted an NOI and obtained
coverage under this permit; or
• Coverage under an individual or alternative general NPDES permit has been obtained.
The Notice of Termination (NOT) must be submitted electronically at
https://www.epa.gov/npdes/stormwater-discharges-construction-activities#ereporting
38
SECTION 9: CERTIFICATION AND NOTIFICATION
Owner 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 gathered and
evaluated the information contained therein. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information contained is, to
the best of my knowledge and belief, true, accurate, and complete. I have
no personal knowledge that the information submitted is other than 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."
Owner:
Printed Name: Title:
Signature: Date:
Contractor Certification:
Contractor to provide certification on forms provided in Appendix G.
Subcontractor Certification:
Subcontractors to provide certification on forms provided in Appendix G.
39
SWPPP APPENDICES
Appendix A— eNC)| FOnn and EPA Authorization
Appendix B — Site Location Map
Appendix C — Grading and Stabilization Activities Log
Appendix D — Site Inspection Report
Appendix E — Reportable Quantity (R{}) Spill Form
Appendix F — SVVPpP Amendment Log
Appendix G —Contractor Certifications
Appendix H — Training Log
Appendix | — Delegation of Authority Form
Appendix J — Copy Of2O17U8EPA Construction General Permit
Appendix K— Site Maps (Bound Separately)
40
Appendix A—eNOI For and EPA Authorization Email
From: William Lucas
Sent: Thursday, April 15, 2021 10:08 AM
To: Jared Walsh
Subject: FW: EPA NeT CGP Forms Certified: Crosspoint North Andover, NPDES ID:
MAR100393
From: no-reply@epacdx.net<no-reply@epacdx.net>
Sent:Thursday, April 15, 2021 10:07 AM
To: no-reply@epacdx.net
Subject: EPA NeT CGP Forms Certified: Crosspoint North Andover, NPDES ID: MAR100393
EXTERNAL:Use caution with attachments and links.
2021-04-15
Dear NeT User,
Shauna McDonough successfully certified the following forms within NET CGP:
FormYpe Targeted End of
NPDES ID T Operator Project/Site Name City,State Review
Coastal Construction Crosspoint North North Andover
MAR100393 NOI 04/29/2021
Corp. Andover MA
A copy of the submission can be found here.
If your NOI or Change-NOI is subject to review, your coverage under the CGP begins at the conclusion of
the 14-day waiting period, unless otherwise notified that your coverage has been delayed or denied.
You will receive an email informing you once your coverage under the CGP is active.
Additionally you can view your submission history and obtain a copy of the form you submitted within
the NPDES Electronic Reporting Tool (NeT) or download via Permit Search.
If you were the certifier of this form, a copy of your submission is also available on the Submission
History tab of your EPA Central Data Exchange (CDX) account. If you have questions about this email or
about NeT CGP, please refer to the NeT Help Center or e-mail NPDESereporting@epa.gov for assistance.
This is an automated notification; please do not reply to this email.
NPOES UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FORM
FORMEPA
Co WASHINGTON,OC 20460 Approved OMB No.
FO NOTICE OF INTENT(NOI)FOR THE 2017 NPDES CONSTRUCTION PERMIT 2040-0004
Submission of this Notice of Intent(NOI)constitutes notice that the operator identified In Section III of this form requests authorization to discharge pursuant to the NPDES Construction General Permit(CGP)permit number identified in
Section II of this form.Submission of this NOI also constitutes notice that the operator identified in Section If of this form meets the eligibility requirements of Part I A CGP for the project identified in Section IV of this form.Permit coverage is
required prior to commencement of construction activity until you are eligible to terminate coverage as detailed in Part 8 of the CGP.To obtain authorization,you must submit a complete and accurate NOI form.Discharges are not authorized if
your Not Is incomplete or inaccurate or if you were never eligible for permit coverage.Refer to the Instructions at the end of this form.
Permit Information v
NPDES ID:MAR100393
Staterferritory to which your project/site is discharging:MA
Is your projectisit,located on federally recognized Indian Country lands?No
Are you requesting coverage under this Not as a"Federal Operator'as defined in Appendix A(https:ilwww.epa.gov/sites/productionIfll,sl2alg-05/documents/final_2017_cgp_appendix_a_=definitions.pdf)?No
Have stormwater discharges from your current construction site been covered previously under an NPDES permit?No
Will you use polymers,flocculants,or other treatment chemicals at your construction site?No
Has a Stormwater Pollution Prevention Plan(SWPPP)been prepared in advance of filling this Not,as required?Yes
Are you able to demonstrate that you meet one of the criteria listed in Appendix D(https:l/www.epa.gov/sites/production/files/2017-02/documents/2017 cgp_finat_appendix d_endangered_species_regs_508.pdf)with
respect to protection of threatened or endangered species listed under the Endangered Species Act(ESA)and federally designated critical habitat?
Yes
Have you completed the screening process in Appendix E(https:/Iwww.epa.govisites/production/filesi2017-02/documentsl2Ol7_cgp_final_appendix e_-_historic_properties_regs_508.pdf)relating to the protection of
historic properties?
Yes
Indicating"Yes"below,I confirm that I understand that CGP only authorized the allowable stormwater discharges in Part 1.2.1 and the allowable non-stormwater discharges listed in Part 1.2.2.Any discharges not
expressly authorized in this permit cannot become authorized or shielded from liability under CWA section 402(k)by disclosure to EPA,state or local authorities after issuance of this permit via any means,Including the
Notice of Intent(NOI)to be covered by the permit,the Stormwater Pollution Prevention Plan(SWPPP),during an Inspection,etc.If any discharges requiring NPDES permit coverage other than the allowable stormwater
and non-stormwater discharges listed in Parts 1.2.1 and 1.2.2 will be discharged,they must be covered under another NPDES permit.
Yes
Operator Information
Operator Information
Operator Name:Coastal Construction Corp.
Operator Mailing Address:
Address Line 1:17 Railroad Avenue
Address Line 2: City:Duxbury
ZIP/P—tal Code:02332 Slate:MA
County or Similar Division:Plymouth
Operator Point of Contact Information
First Name Middle Initial Last Name:David York
Title:Project Manager
Phone:781-934-5767 Ext:
Email:dyork@coastalconsUuctioncorp.com
NOI Preparer Information
G This NOI is being prepared by someone other than the certifier.
First Name Middle Initial Last Name:William Lucas
Organization:Sri Engineering
Phone:(617)849-8040
Email:whims@bohlereng.com
Pmject/Site Information 'O
Project/Site Name:Crosapoint North Andover
Project/Site Address
Address Line 1:419 Andover Street
Address Line 2: City:North Andover
ZIP/Postal Code:01845 State:MA
County or Similar Division:Essex
LatlWde/Longitude:41.674167"N,71.126389°W
Latitude/Longitude Data Source:EPA Website Horizontal Reference Datum:NAD 83
Project Start Date:05/03/2021 Project End Data:05/02/2022 Estimated Area to be Disturbed:2.5
Types of Construction Sites:
Commercial
..,,,u,e,e.,r ., „ysuvc'v,ev,,,,........ a„ua,y,, ou —
�B Do any of the structures being demolished have at least 10,000 square feet of floor space?Yes
Was the pre-development land use used for agriculture?No
Have earth-disturbing activities commenced on your project/site?No
Is your projectisite located on federally recognized Indian Country lands?No
Is your project/site located on a property of religious or cultural significance to an Indian tribe?No
Discharge Information
Does your project/site discharge stormwater into a Municipal Separate Storm Sewer System(MS4)?Yes
Are there any waters of the U.S.within 50 feet of your project's earth disturbances?No
Are any of the waters of the U.S.to which you discharge designated by the state or tribal authority under its antidegradation policy as a Tier 2(or Tier 2.5)water(water quality exceeds levels necessary to support
propagation of fish,shellfish,and wildlife and recreation in and an the water)or as a Tier 3 water(Outstanding National Resource Water)?See Appendix F(http,:/Iw m,pa.g,v/siteslproduction/files/2017.
02/documents/20t7_cgp_final_appendix_f_-_tier_3_tier_2_and tier 2.5_waters_5o8.pdf)
No
001:Unnamed Wetland Level Spreader Perforated Pipe Infiltration System
Latitude/Longitude:41.674167°N,71.126389"E
Tier Designation:N/A
Is this receiving water impaired(on the CWA 303(d)list)?No
Has a TMDL been completed for this receiving waterbody?No
Stormwater Pollution Prevention Plan(SWPPP) v
First Name Middle Initial Last Name:Jared Walsh
Organization:
Title:Civil Engineer(E.1.1)
Phone:617-84MO40 Exit.:
Email:jwalsh@bohlereng.com
Endangered Species Protection
Using the Instructions in Appendix D of the CGP,under which criterion listed in Appendix D are you eligible for coverage under this permit?Criterion A
Provide a brief summary of the basis for criterion selection listed above(the necessary content for a supportive basis statement is provided under the criterion you selected.):
Publicly available species list on MassGIS OLIVER website showed no presence of threatened or endangered species(ESA-listed)and/or
designated critical habitat(s)under the jurisdiction of both the U.S.Fish and Wildlife Service(USFWS)and National Marine Fisheries Service
(NMFS)on the subject Property.
Historic Preservation �O
Are you Installing any st-rowater controls as described in Appendix E(https://www.epa.gov/sites/productionlfiles/2017-02/documents/2017_cgp_final_appendix_e_=historic_properties_regs_508.pdf)that require
subsurface earth disturbances?(Appendix E(https://www.epa.gov/siteslproduction/flies/2017-02/docum,nt,12017_cgp_final_appendix_e_-_historic_properties_regs_508.pdf),Step 1)
Yes
W Have prior surveys or evaluations conducted on the site already determined historic properties do not exist,or that prior disturbances have precluded the existence of historic properties?(Appendix E
(https:llwww.epa.gov/sites/production/files/2017-02/documentsl2017_cgp_final_appendix_e_-_historic_properties_rods_508.pdf),Step 2):
Yes
Certificatlon Information
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 gathered and evaluated the
information submitted.Based on my Inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,
accurate,and complete.I have no personal knowledge that the information submitted is other than 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.Signing an electronic document on behalf of another person is subject to criminal,civil,administrative,or other lawful action.
Certified By:Shauna M.McDonough
Certifier Title:Controller
Certifier Email:smcdonough@coastalconstwctioncorp.com
Certified On:05/04/2021 8:47 AM ET
Appendix B —Site Location Map
ic
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A
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USGS MAP
ikY a 419&435 ANDOVER STREET
w NORTH ANDOVER,MASSACHUSETTS
f Y ��L� . .� `� ESSEX COUNTY
a-
a' PREPARED BY
BOHLER .. "
��' SCALE:1"=1,000'DATE:04/09/2021
Appendix C — Grading and Stabilization Activities Log
GRADING AND STABILIZATION ACTIVITIES
The contractor is responsible for maintaining an accurate and complete log of construction activities,
including, but not limited to, commencement of stabilization, major grading activities, timeframes when
construction ceases on a portion of site (temporary or permanent) until the Notice of Termination (NOT) is filed.
MAJOR STABILIZATION AND GRADING ACTIVITIES
Construction Activity Contractor Name Start Date End Date Location
AppxC-Construction Activity Fonn.doo
Appendix D — Site Inspection Report
Site Inspection
General Information
Project Name Crosspoint North Andover
NPDES Tracking No. Location
Date of Inspection Start/End Time
Inspector's Name(s)
Inspector's Title(s)
Inspector's Contact
Information
Inspector's Qualifications
Describe present phase of
construction
Type of Inspection:
❑ Regular ❑ Pre-storm event ❑ During storm event ❑ Post-storm event
Weather Information
Has there been a storm event since the last inspection? ❑Yes ❑No
If yes, provide:
Storm Start Date &Time: Storm Duration (hrs): Approximate Amount of Precipitation (in):
Weather at time of this inspection?
❑ Clear ❑Cloudy ❑ Rain ❑ Sleet ❑ Fog ❑ Snowing ❑ High Winds
❑ Other: Temperature:
Have any discharges occurred since the last inspection? ❑Yes ❑No
If yes, describe:
Are there any discharges at the time of inspection? ❑Yes ❑No
If yes, describe:
Site-specific BMPs
® Number the structural and non-structural BMPs identified in your SWPPP on your site map and
list them below(add as many BMPs as necessary). Carry a copy of the numbered site map with
you during your inspections. This list will ensure that you are inspecting all required BMPs at
your site.
® Describe corrective actions initiated, date completed, and note the person that completed the
work in the Corrective Action Log.
BMP BMP BMP Corrective Action Needed and Notes
Installed? Maintenance
Required?
1 ❑Yes ❑No ❑Yes ❑No
2 ❑Yes ❑No ❑Yes ❑No
3 ❑Yes ❑No ❑Yes ❑No
4 ❑Yes ❑No ❑Yes ❑No
5 ❑Yes ❑No ❑Yes ❑No
6 ❑Yes ❑No ❑Yes ❑No
7 ❑Yes ❑No ❑Yes ❑No
8 ❑Yes ❑No ❑Yes ❑No
9 ❑Yes ❑No ❑Yes ❑No
10 ❑Yes ❑No ❑Yes ❑No
Appx D- Inspection Form.doc
BMP BMP BMP Corrective Action Needed and Notes
Installed? Maintenance
Required?
11 ❑Yes ❑No ❑Yes ❑No
12 ❑Yes ❑No ❑Yes ❑No
13 ❑Yes ❑No ❑Yes ❑No
14 ❑Yes ❑No ❑Yes ❑No
15 ❑Yes ❑No ❑Yes ❑No
16 ❑Yes ❑No ❑Yes ❑No
17 ❑Yes ❑No ❑Yes ❑No
18 ❑Yes ❑No ❑Yes ❑No
19 ❑Yes ❑No ❑Yes ❑No
20 ❑Yes ❑No ❑Yes ❑No
Overall Site Issues
Below are some general site issues that should be assessed during inspections. Customize this list as
needed for conditions at your site.
BMP/activity Implemented? Maintenance Corrective Action Needed and Notes
Required?
1 Are all slopes and ❑Yes ❑No ❑Yes ❑No
disturbed areas not
actively being worked
ProperIv stabilized?
2 Are natural resource ❑Yes ❑No ❑Yes ❑No
areas (e.g., streams,
wetlands, mature
trees, etc.) protected
with barriers or similar
BMPs?
3 Are perimeter controls ❑Yes ❑No ❑Yes ❑No
and sediment barriers
adequately installed
(keyed into substrate)
and maintained?
4 Are discharge points ❑Yes ❑No ❑Yes ❑No
and receiving waters
free of any sediment
deposits?
5 Are storm drain inlets ❑Yes ❑No ❑Yes ❑No
properly protected?
6 Is the construction exit ❑Yes ❑No ❑Yes ❑No
preventing sediment
from being tracked
into the street?
7 Is trash/litter from ❑Yes ❑No ❑Yes ❑No
work areas collected
and placed in covered
dumpsters?
8 Are washout facilities ❑Yes ❑No ❑Yes ❑No
(e.g., paint, stucco,
concrete)available,
clearly marked, and
maintained?
Appx D-Inspection Form.doc
BMP/activity Implemented? Maintenance Corrective Action Needed and Notes
equipment fueling,
cleaning, and
maintenance areas
free of spills, leaks, or
any other deleterious
potential stormwater
contaminants stored
inside or under cover?
discharges (e.g., wash
water, dewatering)
properly controlled?
Non-Compliance
Describe any incidents of non-compliance not described above:
CERTIFICATION STATEMENT
^| 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 gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is,
to the best ofmy knowledge and belief, true, accurate, and complete. { am ommna that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations."
Print name and title:
Signature:
Date'
AppxD |nspoctionFonn.doo
Appendix E — Reportable Quantity (RQ) Spill Form
STORM WATER POLL UTION PREVENTION PLAN
HAZARDOUS SUBSTANCE REPORTABLE QUANTITY RELEASE FORM
The discharges of hazardous substances in storm water discharges from construction sites
must be prevented or minimized in accordance with the SWPPP. Where a release
containing a hazardous substance in an amount equal to or in excess of a Reportable
Quantity (RQ) established under 40CFR and/or EPA's list of RQ's (whichever is more
restrictive) occurs, the following steps must be taken:
1. All measures must be taken to contain and abate the spill and to prevent the
discharge of the pollutant(s) to off-site locations, receiving waters, wetlands
and/or resource areas.
2. Notice must be provided to the National Response Center (NRC) at 1-800-424-
8802 in accordance with regulations referenced above as soon as site staff has
knowledge of the discharge.
3. Contact the Project Manager, Owner or Environmental Consultant/LSP of Record
immediately upon knowledge of release.
4. The SWPPP must be modified within seven (7) calendar days of knowledge of the
discharge to provide a description of the release, the circumstances leading to the
release, and the date of the release. The plans must identify measures to prevent
the recurrence of such releases and to respond to such releases.
Date of Spill Material Spilled Approximate Agency(s)Notified Date of SWPPP
Quantity of Spill Notification Revision Date
ingallons)
Note: The Contractor is responsible for maintaining a list of current RQ's for all
hazardous substances encountered, stored on-site or anticipated to be encountered.
Appendix F —S PPP Amendment Log
S PPP AMENDMENT LOG
No. Description of the Amendment Date of Amendment Prepared by
Amendment insert Names and Title
Appx F-SWPPP Amendment Log.doc
Appendix G — Contractor Certifications
CONTRACTOR CERTIFICATION
Crosspoint North Andover
419 & 435 Andover Street
Town of North Andover
Essex County, Massachusetts
Permit Authorization for:
Storm Water Discharges Associated
With Construction Activity Under PDES
NOI General Permit# MAR10
Submitted on 2021
Contractor responsible for the implementation of the SWPPP:
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 gathered and evaluated the information
contained therein. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for
gathering the information, the information contained is, to the best
of my knowledge and belief, true, accurate, and complete. I have no
personal knowledge that the information submitted is other than
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.
Signature Date
Printed Name Title
Company Name Business Telephone Number
Business Address City, State, Zip Code
Appx G- Contractor Certification.doc
SUBCONTRACTOR CERTIFICATION
t North Andover
410 & 435 Andover Street
Town Of North Andover
Essex County, Massachusetts
Permit Authorization for:
Storm Water Discharges Associated
With Construction Activity Under NPDES
NOi General Permmit# KNAR1O________
Submitted on , 2021
As a subcontractor, you are required to comply with the Stormwater Pollution Prevention
Plan (8VVPPP)for any work that you perform On-Sit8. Any person Or group who violates
any condition of the SWPPP may be subject to substantial penalties of loss of contract.
You are encouraged tQ advise each of your employees working OD this project Ofthe
requirements Of the SVVPPP. A copy of the 8VVPPPiS available for your review @tthe
office trailer.
Each subcontractor engaged in activities at the construction site that could impact
StOrDlvv@ter nnUSt be identified and Sign the following:
Certification:
"I certify under penalty oy law that/have read and understand the terms and
conditions of the SN/PFP for the above designated project and agree bm follow the
practices described in the SWPPP."
Signature Data
Printed Name Title
Company Name Business Telephone Number
Business Address Citv, Qtatn, Zip Code
Type of construction service to be provided:
Appendix H —Training Log
STORMWA TER POLLUTION PREVENTION TRAINING LOG
Project Name: Cmeepond North Andover
Project Location: 410 &435 Andover Street, North Andover, Massachusetts
|nobuotor'aName(n):
|notruotor'oTitlm(a):
Course Location: Date:
Course Length (hour ):
Stormwater Training Topic: (check aaappropriate)
CJ Sediment and Erosion [J Emergency Procedures
Controls
[J Stabilization Controls Ll |nspeutiona/CorrectiveAniions
J Pollution Prevention
Measures
Specific Training Objective:
Attendee Roster: (attach additional pages aonecessary)
No. Name of Attendee Company
AppxH TminingLog.doo
Appendix I — Delegation of Authority Form
STORM WATER POLLUTION PREVENTION PLAN
DELEGATION OF AUTHORITY
Crosspoint North Andover
419 & 435 Andover Street
Town of North Andover
Essex County, Massachusetts
Permit Authorization for:
Storm Water Discharges Associated
With Construction Activity Under NPDES
NI General Permit# MARIO
Submitted on 2021
In accordance with the NPDES General Permit for Storm Water discharges from construction
activities, Appendix 1.11.2.3. Signatory requirements.
I hereby authorize to sign on my behalf, all applicable
reports and certifications as required under this permit as part of the Storm Water Pollution
Prevention Plan.
[Principal Officer of the General Contractor]
Signature Date
Printed Name Title
Company Name Business Telephone Number
Business Address City, State, Zip Code
Appendix J — Copy of 2017 USE PA Construction General Permit
2017 Construction General Permit (CGP) (as modified)
National Pollutant Discharge Elimination System
General Permit for Discharges from
Construction Activities
(as modified)
|n compliance with the provisions of the Clean Water Act, 33U.S.C. §l25l et. seq.' (hereafter
CVV/\)' Vs amended by the Wafer Quality Act Vf 1987' P.L. 100'4' ''opnroturs" of construction
activities (defined in Appendix A) that meet the requirements of Part 1.1 of f his National
Pollutant Discharge Elimination System (NPOES) general permit, are authorized todischarge
pollutants in accordance with the effluent limitations and conditions set forth herein. Permit
coverage is required from the "commencement of construction nctivities" (see Appendix A)
until one of the conditions for terminating CGP coverage has been met (see Part 8.2).
This permit becomes effective nn June 27' 2D79.
This permit and the authorization to discharge expire at I 1:59pm, February 16, 2022.
Signed and issued this l4th day of May 20lY Signed and issued this l41h day of May 20lY
OebonzhSzoro' Charles YV. Maguire,
Acting Regional Administrator, EPA Region l. Director, Water Division, EPA Region 6.
Signed and issued this !4th day of May 2UlY Signed and issued this l4th day of May 2Ol9
Jeff Gratz, Jeffery Robichaud,
Deputy Director, Water Division, EPA Region 2. Director, Water Division, EPA Region 7.
Signed and issued this lz#h day of May 2DlY Signed and issued this lzth day of May 20lY
Jose C. Font, Darcy O'Connor,
Acting Director,Caribbean Environmental Director, Water Division, EPA Region8.
Protection Division, EPA Region 2.
Signed and issued this l4|h day of May 20l9 Signed and issued this l4th day of May 2OlY
Catharine McManus, TonndsTones.
Deputy Director, Water Division, EPA Region 3. Director, Water Division, EPA Region9.
Signed and issued this l4th day of May 2OlY Signed and issued this l'#h day of May 20\Y
Jooneonnekx. Gott|e' Daniel D. Opo|ski'
Director, Water Division, EPA Region 4. Director, Water Division, EPA Region lO.
Signed and issued this l4th day of May 2OlY
Juunk».Tonuku'
Acting Director, Water Division, EPA Region 5.
2017 Construction General Permit (CGP) (as modified)
CONTENTS
l How to Obtain Coverage Under the Construction General Permit(CGP)..................................1
l] BkJibi|UyConditiora---------------------------------------' l
1.2 Types of Discharges Authorized............................. ................................................................. ..2
1.3 Prohibited Discharges.................................................. ................................................................4
1/1 Submitting your Notice cf Intent /N[]U ......................................................................................4
1.5 Requirement to Post o Notice of Your Permit Coverage........................................................6
2 Technology-Based Effluent Limitations...........................................................................................6
2.1 General Stornlvvoh*rConhn| Design, Installation, and Maintenance Requirements.........7
2.2 Erosion and Sediment Control Requirements...........................................................................8
2.3 Pollution Prevention Requirements........................................................................................... l4
2,4 Construction Oevvoterng Requirements................................................................................. l8
3 Water Quality-Based Effluent Limitations......................................................................................l8
3] General Effluent Limitation to Meet Applicable Water Quality Standards........................ 18
32 Discharge Limitations for SItes Discharging to Sensitive Waters........................................... 19
4 Site Inspection Requirements........................................................................................................20
4] Person(s) Responsible for Inspecting Site.................................................................................20
4.2 Frequency of Inspections...........................................................................................................2O
4.3 Increase in Inspection Frequency for Sites Discharging to Sensitive Waters......................21
4.4 Reductions in Inspection Frequency..................... ..................................................................2l
4.5 Areas that MUST 8e Inspected..................................................................................................22
4.6 Requirements for Inspections ....................................................................................................22
47 Inspection Report........................................................................................................................23
48 Inspections 8y EPA.......................................................................................................................23
5 Corrective Actions.........................................................................................................................24
5] Conditions Triggering Corrective Action. ................................................................................24
52 Corrective Action Deadlines.....................................................................................................24
5.3 Corrective Action Required by EPA.........................................................................................25
5.4 Corrective Action Report........... ..............................................................................................25
6 Staff Training Requirements...........................................................................................................25
7 Stomnwoxter Pollution Prevention Plan [SVKpPp) ............................................................................26
7] General Requirements ...............................................................................................................26
7.2 SVVPPP Contents..........................................................................................................................26
7.3 On-Site Availability of Your SVYPPP............................................................................................32
7,4 SVVPPP Modifications ..................................................................................................................32
Page
2017 Construction General Permit (CGP) (as modified)
8 How to Terminate Coverage.........................................................................................................33
8.1 Minimum Information Required in NOT.................................................................. .................33
8.2 Conditions for Terminating CGP Coverage............................................................................34
8.3 How to Submit Your NOT............................................................................................................34
8.4 Deadline for Submitting the NOT..............................................................................................34
8.5 Effective Date of Termination of Coverage............................................................................34
9 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories.............35
Appendix A: Definitions and Acronyms...........................................................................................A-1
Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses........................... B-1
Appendix C: Small Construction Waivers and Instructions............................................................C-1
Appendix D: Eligibility Procedures Relating to Threatened & Endangered Species Protection. D-1
Appendix E: Historic Property Screening Process ............................................................................E-1
Appendix F: List of Tier 3,Tier 2, and Tier 2.5 Waters.........................................................................F-1
AppendixG: Buffer Requirements................................................................................................... G-1
Appendix H: 2-Year, 24-Hour Storm Frequencies ...........................................................................H-1
Appendix 1: Standard Permit Conditions........................................................................................... 1-1
Appendix J: Notice of Intent(NOI) Form and Instructions...............................................................J-1
Appendix K: Notice of Termination (NOT) Form and Instructions ..................................................K-1
Appendix L: Suggested Format for Request for Chemical Treatment............................................L-1
Page ii
20 Construction it (CGP) (as modified)
l HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT(CGf)
To be covered under this permit, you must meet the eligibility conditions and follow
the requirements for obtaining permit coverage in this Part.
1.1 ELIGIBILITY CONDITIONS
1.1.1 You are an "operator" of a construction site for which discharges will be covered under
this permit. For the purposes of this permit and in the context of stormwater discharges
associated with construction activity, an ''operotnr" is any party associated with o
construction project thotmeetseitherofthefu||nwingtwochterio:
o. The party has operational control over construction plans and specificohons,
including the ability to make modifications to those plans and specifications; or
b. The party has day-to-day operational control of those activities at o project that are
necessary to ensure compliance with the permit conditions.
Where there ore multiple operators associated with the same project, all operators must
obtain permit coverage.' Subcontractors generally are not considered operators for the
purposes of this permit.
1.1.2 Your site's construction activities:
o. Will disturb one or more acres of land, or will disturb less than one acre of land but are
port of common plan of development or sale that will ultimately disturb one or
more acres uf land; or
b. Have been designated by EPA as needing permit coverage under4O CFR
122.26(o)(1)/v> or40CFR12226(b)(15)(ii);
1.1.3 Your site is located in on area where EPA is the permitting authority bee Appendix B);
7].4 Discharges from your site are not
o. Already covered by o different NPIDE3 permit for the same discharge; or
b. In the process of having coverage under different NPIDES permit for the some
discharge denied, tenninoted, orrevoked.c' s
1.1.5 You are able to demonstrate that you meet one of the criteria listed in Appendix D with
respect to the protection of species that are federally listed as endangered or
threatened under the Endangered Species Act (E3/\) and federally designated critical
habitat;
7.1.6 You have completed the screening process in Appendix E relating to the protection of
historic properties; and
/ If the operator of a "construction support activity" (see Port 12.1c) is different than the operator ofthe
main site,that operator must also obtain permit coverage.See Port 7.1 for clarification on the sharing of
permit-related functions between and among operators on the same site and for conditions that apply to
developing o3YYPPP for multiple operators associated with the same site.
z Pods 1.1.4o and 1.1.4b do not include sites currently covered under the 2012 CGP that are in the process
of obtaining coverage under this permit, nor sites covered under this permit that are transferring coverage
toa different operator.
3 Notwithstanding a site being made ineligible for coverage under this permit because it falls under the
description of Parts 1.1.4o or 1.1.4b' above, EPA may waive the applicable eligibility requirement after
specific review if it determines that coverage under this permit is appropriate.
Page
2017 Construction General Permit (CGP) (as modified)
1.1.7 You have complied with all requirements in Part 9 imposed by the applicable state,
Indian tribe, or territory in which your construction activities and/or discharge will occur.
1.1.8 For "new sources" (as defined in Appendix A) only:
a. EPA has not, prior to authorization under this permit, determined that discharges from
your site will cause, have the reasonable potential to cause, or contribute to an
excursion above any applicable water quality standard. Where such a determination
is made prior to authorization, EPA may notify you that an individual permit
application is necessary. However, EPA may authorize your coverage under this
permit after you have included appropriate controls and implementation procedures
designed to bring your discharge into compliance with this permit, specifically the
requirement to meet water quality standards. In the absence of information
demonstrating otherwise, EPA expects that compliance with the requirements of this
permit, including the requirements applicable to such discharges in Part 3,will result in
discharges that will not cause, have the reasonable potential to cause, or contribute
to an excursion above any applicable water quality standard.
b. Discharges from your site to a Tier 2,Tier 2.5, or Tier 3 water4 will not lower the water
quality of the applicable water. In the absence of information demonstrating
otherwise, EPA expects that compliance with the requirements of this permit,
including the requirements applicable to such discharges in Part 3.2, will result in
discharges that will not lower the water quality of such waters.
1.1.9 If you plan to add "cationic treatment chemicals" (as defined in Appendix A) to
stormwater and/or authorized non-stormwater prior to discharge, you may not submit
your Notice of Intent (NOI) unless and until you notify your applicable EPA Regional
Office (see Appendix L) in advance and the EPA Regional Office authorizes coverage
under this permit after you have included appropriate controls and implementation
procedures designed to ensure that your use of cationic treatment chemicals will not
lead to discharges that cause an exceedance of water quality standards.
1.2 TYPES OF DISCHARGES AUTHORIZED5
1.2.1 The following stormwater discharges are authorized under this permit provided that
appropriate stormwater controls are designed, installed, and maintained (see Parts 2
and 3):
a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface
runoff and drainage, associated with construction activity under 40 CFR 122.26(b)(14)
or 122.26(b)(15)(i);
b. Stormwater discharges designated by EPA as needing a permit under 40 CFR
122.26(a)(1)(v) or 122.26(b)(15)(ii);
4 Note: Your site will be considered to discharge to a Tier 2,Tier 2.5, or Tier 3 water if the first water to which
you discharge is identified by a state, tribe, or EPA as a Tier 2,Tier 2.5, or Tier 3 water. For discharges that
enter a storm sewer system prior to discharge, the first water of the U.S.to which you discharge is the
waterbody that receives the stormwater discharge from the storm sewer system.See list of Tier 2,Tier 2.5,
and Tier 3 waters in Appendix F.
5 See "Discharge" as defined in Appendix A. Note:Any discharges not expressly authorized in this permit
cannot become authorized or shielded from liability under CWA section 402(k) by disclosure to EPA,state,
or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be
covered by the permit,the SWPPP, or during an inspection.
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c. Stormwater discharges from construction support activities (e.g., concrete or asphalt
batch plants, equipment staging yards, material storage areas, excavated material
disposal areas, borrow areas) provided that:
i. The support activity is directly related to the construction site required to have
permit coverage for stormwater discharges;
ii. The support activity is not a commercial operation, nor does it serve multiple
unrelated construction sites;
iii. The support activity does not continue to operate beyond the completion of the
construction activity at the site it supports; and
iv. Stormwater controls are implemented in accordance with Part 2 and Part 3 for
discharges from the support activity areas.
d. Stormwater discharges from earth-disturbing activities associated with the
construction of staging areas and the construction of access roads conducted prior
to active mining.
1.2.2 The following non-stormwater discharges associated with your construction activity are
authorized under this permit provided that,with the exception of water used to control
dust and to irrigate vegetation in stabilized areas, these discharges are not routed to
areas of exposed soil on your site and you comply with any applicable requirements for
these discharges in Parts 2 and 3:
a. Discharges from emergency fire-fighting activities;
b. Fire hydrant flushings;
c. Landscape irrigation;
d. Water used to wash vehicles and equipment, provided that there is no discharge of
soaps, solvents, or detergents used for such purposes;
e. Water used to control dust;
f. Potable water including uncontaminated water line flushings;
g. External building washdown, provided soaps, solvents, and detergents are not used,
and external surfaces do not contain hazardous substances (as defined in Appendix
A) (e.g., paint or caulk containing polychlorinated biphenyls (PCBs));
h. Pavement wash waters, provided spills or leaks of toxic or hazardous substances have
not occurred (unless all spill material has been removed) and where soaps, solvents,
and detergents are not used. You are prohibited from directing pavement wash
waters directly into any water of the U.S., storm drain inlet, or stormwater
conveyance, unless the conveyance is connected to a sediment basin, sediment
trap, or similarly effective control;
i. Uncontaminated air conditioning or compressor condensate;
j. Uncontaminated, non-turbid discharges of ground water or spring water;
k. Foundation or footing drains where flows are not contaminated with process
materials such as solvents or contaminated ground water; and
I. Construction dewatering water discharged in accordance with Part 2.4.
1.2.3 Also authorized under this permit are discharges of stormwater listed above in Part 1.2.1,
or authorized non-stormwater discharges listed above in Part 1.2.2, commingled with a
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2017 Construction General Permit (CGP) (as modified)
discharge authorized by a different NPDES permit and/or a discharge that does not
require NPDES permit authorization.
1.3 PROHIBITED DISCH RGES6
1.3.1 Wastewater from washout of concrete, unless managed by an appropriate control as
described in Part 2.3.4;
1.3.2 Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
1.3.3 Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance;
1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external
building washdown; and
1.3.5 Toxic or hazardous substances from a spill or other release.
To prevent the above-listed prohibited non-stormwater discharges, operators must
comply with the applicable pollution prevention requirements in Part 2.3.
1.4 SUBMITTING YOUR NOTICE OF INTENT(NOI)
All "operators" (as defined in Appendix A) associated with your construction site,who
meet the Part 1.1 eligibility requirements, and who seek coverage under this permit,
must submit to EPA a complete and accurate NOI in accordance with the deadlines in
Table 1 prior to commencing construction activities.
Exception: If you are conducting construction activities in response to a public
emergency (e.g., mud slides, earthquake, extreme flooding conditions, widespread
disruption in essential public services), and the related work requires immediate
authorization to avoid imminent endangerment to human health, public safety, or the
environment, or to reestablish essential public services,you may discharge on the
condition that a complete and accurate NOI is submitted within 30 calendar days after
commencing construction activities (see Table 1) establishing that you are eligible for
coverage under this permit. You must also provide documentation in your Stormwater
Pollution Prevention Plan (SWPPP) to substantiate the occurrence of the public
emergency.
1. .1 Prerequisite for Submitting Your NOI
You must develop a SWPPP consistent with Part 7 before submitting your NOI for
coverage under this permit.
1.4.2 flow to Submit Your NOI
You must use EPA's NPDES eReporting Tool (NeT) to electronically prepare and submit
your NOI for coverage under the 2017 CGP, unless you received a waiver from your
EPA Regional Office.
To access NeT, go to httos://www epa Choy/nr)des/stormwater-dischareles-
construct ion-activities#ereoortir,g.
Waivers from electronic reporting may be granted based on one of the following
conditions:
6 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only
non-stormwater discharges authorized by this permit are at Part 1.2.2.Any unauthorized non-stormwater
discharges must be covered under an individual permit or alternative general permit.
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a. If your operational headquarters is physically located in a geographic area
(i.e., ZIP code or census tract) that is identified as under-served for broadband
Internet access in the most recent report from the Federal Communications
Commission; or
b. If you have limitations regarding available computer access or computer
capability.
If the EPA Regional Office grants you approval to use a paper NOI, and you elect to
use it, you must complete the form in Appendix J.
1.4.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage
Table 1 provides the deadlines for submitting your NOI and the official start date of your
permit coverage,which differ depending on when you commence construction
activities.
Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage
Type of Operator NOI Submittal Deadline' Permit Authorization Date8
Operator of a new site (i.e., a site At least 14 calendar days before 14 calendar days after EPA
where construction activities commencing construction notifies you that it has
commence on or after February 16, activities. received a complete NOI,
2017) unless EPA notifies you that
your authorization is delayed
Operator of an existing site (i.e., a site No later than May 17,2017. or denied.
with 2012 CGP coverage where
construction activities commenced
prior to February 16, 2017
New operator of a permitted site (i.e., At least 14 calendar days before
an operator that through transfer of the date the transfer to the new
ownership and/or operation replaces operator will take place.
the operator of an already permitted
construction site that is either a "new
site"or an "existing site"
Operator of an "emergency-related No later than 30 calendar days You are considered
project" (i.e., a project initiated in after commencing construction provisionally covered under
response to a public emergency activities. the terms and conditions of
(e.g., mud slides, earthquake, this permit immediately,and
extreme flooding conditions, fully covered 14 calendar
disruption in essential public services), days after EPA notifies you
for which the related work requires that it has received a
immediate authorization to avoid complete NOI, unless EPA
imminent endangerment to human notifies you that your
health or the environment, or to authorization is delayed or
reestablish essential public services) denied.
1.4.4 Modifying your NOI
7 If you miss the deadline to submit your NOI, any and all discharges from your construction activities will
continue to be unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA
may take enforcement action for any unpermitted discharges that occur between the commencement of
construction activities and discharge authorization.
8 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are not eligible for permit
coverage.
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2017 Construction General Permit (CGP) (as modified)
If after submitting your NOI you need to correct or update any fields, you may do so by
submitting a "Change NOI" form using NeT. Waivers from electronic reporting may be
granted as specified in Part 1.4.1. If the EPA Regional Office has granted you approval to
submit a paper NOI modification, you may indicate any NOI changes on the same NOI
form in Appendix J.
When there is a change to the site's operator, the new operator must submit a new NOI,
and the previous operator must submit a Notice of Termination (NOT) form as specified in
Part 8.3.
1.4.5 Your Official End Date of Permit Coverage
Once covered under this permit, your coverage will last until the date that:
a. You terminate permit coverage consistent with Part 8; or
b. You receive permit coverage under a different NPDES permit or a reissued or
replacement version of this permit after expiring on February 16, 2022; or
C. You fail to submit an NOI for coverage under a revised or replacement
version of this permit before the deadline for existing construction sites where
construction activities continue after this permit has expired.
1.5 REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE
You must post a sign or other notice of your permit coverage at a safe, publicly
accessible location in close proximity to the construction site. The notice must be located
so that it is visible from the public road that is nearest to the active part of the
construction site, and it must use a font large enough to be readily viewed from a public
right-of-way.9 At a minimum, the notice must include:
a. The NPDES ID (i.e., permit tracking number assigned to your NOI);
b. A contact name and phone number for obtaining additional construction site
information;
C. The Uniform Resource Locator (URL) for the SWPPP (if available), or the following
statement: "If you would like to obtain a copy of the Stormwater Pollution
Prevention Plan (SWPPP) for this site, contact the EPA Regional Office at [include
the appropriate CGP Regional Office contact information found at
httos://www.er)o. oar/n des/contact-us-stormwoter#re ice];" and
d. The following statement "If you observe indicators of Stormwater pollutants in the
discharge or in the receiving waterbody, contact the EPA through the following
website: https://www.eoo.gov/enforcement/report-environmental-violations."
2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS
You must comply with the following technology-based effluent limitations in this Part for
all authorized discharges.10
9 If the active part of the construction site is not visible from a public road, then place the notice of permit
coverage in a position that is visible from the nearest public road and as close as possible to the
construction site.
10 For each of the effluent limits in Part 2,as applicable to your site,you must include in your SWPPP (1) a
description of the specific control(s) to be implemented to meet the effluent limit; (2) any applicable
design specifications, (3) routine maintenance specifications; and (4) the projected schedule for its (their)
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2.1 GENERAL STORMWATER CONTROL DESIGN, INSTALLATION, AND MAINTENANCE
REQUIREMENTS
You must design, install, and maintain stormwater controls required in Parts 2.2 and
2.3 to minimize the discharge of pollutants in stormwater from construction activities.
To meet this requirement, you must:
2.1.1 Account for the following factors in designing your stormwater controls:
a. The expected amount, frequency, intensity, and duration of precipitation;
b. The nature of stormwater runoff and run-on at the site, including factors such as
expected flow from impervious surfaces, slopes, and site drainage features. You must
design stormwater controls to control stormwater volume, velocity, and peak flow
rates to minimize discharges of pollutants in stormwater and to minimize channel and
streambank erosion and scour in the immediate vicinity of discharge points; and
c. The soil type and range of soil particle sizes expected to be present on the site.
2.1.2 Design and install all stormwater controls in accordance with good engineering
practices, including applicable design specifications.I]
2.1.3 Complete installation of stormwater controls by the time each phase of construction
activities has begun.
a. By the time construction activity in any given portion of the site begins, install and
make operational any downgradient sediment controls (e.g., buffers, perimeter
controls, exit point controls, storm drain inlet protection) that control discharges from
the initial site clearing, grading, excavating, and other earth-disturbing activities.12
b. Following the installation of these initial controls, install and make operational all
stormwater controls needed to control discharges prior to subsequent earth-
disturbing activities.
2.1.4 Ensure that all stormwater controls are maintained and remain in effective operating
condition during permit coverage and are protected from activities that would reduce
their effectiveness.
a. Comply with any specific maintenance requirements for the stormwater controls
listed in this permit, as well as any recommended by the manufacturer.13
b. If at any time you find that a stormwater control needs routine maintenance, you
must immediately initiate the needed maintenance work, and complete such work
by the close of the next business day.
installation/implementation.See Part 7.2.6.
11 Design specifications may be found in manufacturer specifications and/or in applicable erosion and
sediment control manuals or ordinances. Any departures from such specifications must reflect good
engineering practices and must be explained in your SWPPP.You must also comply with any additional
design and installation requirements specified for the effluent limits in Parts 2.2 and 2.3.
12 Note that the requirement to install stormwater controls prior to each phase of construction activities for
the site does not apply to the earth disturbance associated with the actual installation of these controls.
Operators should take all reasonable actions to minimize the discharges of pollutants during the installation
of stormwater controls.
13 Any departures from such maintenance recommendations made by the manufacturer must reflect
good engineering practices and must be explained in your SWPPP.
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c. If at any time you find that a stormwater control needs repair or replacement, you
must comply with the corrective action requirements in Part 5.
2.2 EROSION AND SEDIMENT CONTROL REQUIREMENTS
You must implement erosion and sediment controls in accordance with the following
requirements to minimize the discharge of pollutants in stormwater from construction
activities.
2.2.1 Provide and maintain natural buffers and/or equivalent erosion and sediment controls
when a water of the U.S. is located within 50 feet of the site's earth disturbances.
a. Compliance Alternatives. For any discharges to waters of the U.S. located within 50
feet of your site's earth disturbances, you must comply with one of the following
alternatives:
i. Provide and maintain a 50-foot undisturbed natural buffer; or
ii. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is
supplemented by erosion and sediment controls that achieve, in combination,
the sediment load reduction equivalent to a 50-foot undisturbed natural buffer; or
iii. If infeasible to provide and maintain an undisturbed natural buffer of any size,
implement erosion and sediment controls to achieve the sediment load
reduction equivalent to a 50-foot undisturbed natural buffer.
See Appendix G, Part G.2 for additional conditions applicable to each compliance
alternative.
b. Exceptions. See Appendix G, Part G.2 for exceptions to the compliance alternatives.
2.2.2 Direct stormwater to vegetated areas and maximize stormwater infiltration and filtering to
reduce pollutant discharges, unless infeasible.
2.2.3 Install sediment controls along any perimeter areas of the site that will receive pollutant
discharges.14
a. Remove sediment before it has accumulated to one-half of the above-ground
height of any perimeter control.
b. Exception. For areas at "linear construction sites" (as defined in Appendix A) where
perimeter controls are infeasible (e.g., due to a limited or restricted right-of-way),
implement other practices as necessary to minimize pollutant discharges to perimeter
areas of the site.
2.2.4 Minimize sediment track-out.
a. Restrict vehicle use to properly designated exit points;
b. Use appropriate stabilization techniques 15 at all points that exit onto paved roads.
14 Examples of perimeter controls include filter berms, silt fences,vegetative strips, and temporary diversion
dikes.
15 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying
geotextile or non-woven filter fabric, and turf mats.
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2017 Construction General Permit (CGP) (as modified)
i. Exception:Stabilization is not required for exit points at linear utility construction
sites that are used only episodically and for very short durations over the life of the
project, provided other exit point controls16 are implemented to minimize
sediment track-out;
c. Implement additional track-out controls17 as necessary to ensure that sediment
removal occurs prior to vehicle exit; and
d. Where sediment has been tracked-out from your site onto paved roads, sidewalks, or
other paved areas outside of your site, remove the deposited sediment by the end of
the same business day in which the track-out occurs or by the end of the next
business day if track-out occurs on a non-business day. Remove the track-out by
sweeping, shoveling, or vacuuming these surfaces, or by using other similarly effective
means of sediment removal. You are prohibited from hosing or sweeping tracked-out
sediment into any stormwater conveyance, storm drain inlet, or water of the U.S.18
2.2.5 Manage stockpiles or land clearing debris piles composed, in whole or in part, of
sediment and/or soil:
a. Locate the piles outside of any natural buffers established under Part 2.2.1 and away
from any stormwater conveyances, drain inlets, and areas where stormwater flow is
concentrated;
b. Install a sediment barrier along all downgradient perimeter areas;19
c. For piles that will be unused for 14 or more days, provide cover20 or appropriate
temporary stabilization (consistent with Part 2.2.14),
d. You are prohibited from hosing down or sweeping soil or sediment accumulated on
pavement or other impervious surfaces into any stormwater conveyance, storm drain
inlet, or water of the U.S.
2.2.6 Minimize dust. On areas of exposed soil, minimize dust through the appropriate
application of water or other dust suppression techniques to control the generation of
pollutants that could be discharged in stormwater from the site.
2.2.7 Minimize steep slope disturbances. Minimize the disturbance of "steep slopes" (as
defined in Appendix A).
16 Examples of other exit point controls include preventing the use of exit points during wet periods;
minimizing exit point use by keeping vehicles on site to the extent possible; limiting exit point size to the
width needed for vehicle and equipment usage; using scarifying and compaction techniques on the soil;
and avoiding establishing exit points in environmentally sensitive areas (e.g., karst areas;steep slopes).
11 Examples of additional track-out controls include the use of wheel washing,rumble strips, and rattle
plates.
18 Fine grains that remain visible (i.e., staining) on the surfaces of off-site streets, other paved areas, and
sidewalks after you have implemented sediment removal practices are not a violation of Part 2.2.4.
19 Examples of sediment barriers include berms, dikes,fiber rolls,silt fences,sandbags, gravel bags,or straw
bale.
20 Examples of cover include tarps, blown straw and hydroseeding.
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2017 Construction General Permit (CGP) (as modified)
2.2]0 Preserve native topsoil, un|eos |nfeasib|e.m
2.2.9 hNnlrnizesoUcompoction.u2 |norensofyoursitewherefino| vogetmfk/eskzbi|izmtionwiU
occur orwhere infiltration practices will be installed:
o. Restrict vehicle and equipment use in these locations to avoid soil compaction; and
b. Before seeding or planting areas of exposed soil that hove been compacted, use
techniques that rehabilitate and condition the soils ns necessary tosupport
vegetative growth.
2.2.10 Protect storm drain inlets.
O. Install inlet protection measures that remove sediment from discharges prior to entry
into any storm drain inlet that carries stormwater flow from your site to a water of the
U.S, provided you have authority to access the storm drain in|et;23and
b. Clean, or remove and replace, the protection measures as sediment accumulates,
the filter becomes clogged, and/or performance is compromised. Where there is
evidence of sediment accumulation adjacent to the inlet protection measure,
remove the deposited sediment by the end of the same business day in which it is
found or by the end of the following business day if removal by the same business
day is not feasible.
2.2.17 Control stmnnwater discharges, including both peokUowrotem and total ofonnxvaher
volume, to minimize channel and streambank erosion and scour in the immediate
vicinity ofdischarge points. 24.
2.2.12 |f you install m sediment basin or similar impoundment:
a. Situate the basin or impoundment outside of any water of the U.S. and any natural
buffers established under Part 2.2.l:
b. Design the basin or impoundment to avoid collecting water from wetlands;
c. Design the basin or impoundment to provide storage for either:
i. The calculated volume of runoff from a 2-year, 24-hour storm (see Appendix H); or
ii. 3.600 cubic feet per acre drained.
21 Stockpiling topsoil at off-site locations, or transferring topsoil to other locations, is an example of a
practice that is consistent with the requirements in Part 2.2.8. Preserving native topsoil is not required where
the intended function of a specific area of the site dictates that the topsoil be disturbed or removed. For
example,some sites may be designed to be highly impervious after construction, and therefore little or no
vegetation is intended to remain, or may not have space to stockpile native topsoil on site for later use,in
which case,it may not bo feasible to preserve topsoil.
22 Minimizing soil compaction is not required where the intended function of a specific area of the site
dictates that it be compacted.
23 Inlet protection measures can be removed in the event of flood conditions or to prevent erosion.
m Examples of control measures that can be used to comply with this requirement include the use of
erosion controls and/or velocity dissipation devices (e.g., check dams,sediment traps),within and along
the length ofudormvvoter conveyance and ot the outfuUto slow down runoff.
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2017 Construction General Permit (CGP) (as modified)
d. Utilize outlet structures that withdraw water from the surface of the sediment basin or
similar impoundment, unless infeasible;25
e. Use erosion controls and velocity dissipation devices to prevent erosion at inlets and
outlets; and
f. Remove accumulated sediment to maintain at least one-half of the design capacity
and conduct all other appropriate maintenance to ensure the basin or
impoundment remains in effective operating condition.
2.2.13 If using treatment chemicals (e.g., polymers, flocculants, coagulants):
a. Use conventional erosion and sediment controls before and after the application of
treatment chemicals. Chemicals may only be applied where treated stormwater is
directed to a sediment control (e.g., sediment basin, perimeter control) before
discharge.
b. Select appropriate treatment chemicals. Chemicals must be appropriately suited to
the types of soils likely to be exposed during construction and present in the
discharges being treated (i.e., the expected turbidity, pH, and flow rate of
stormwater flowing into the chemical treatment system or area).
c. Minimize discharge risk from stored chemicals. Store all treatment chemicals in leak-
proof containers that are kept under storm-resistant cover and surrounded by
secondary containment structures (e.g., spill berms, decks, spill containment pallets),
or provide equivalent measures designed and maintained to minimize the potential
discharge of treatment chemicals in stormwater or by any other means (e.g., storing
chemicals in a covered area, having a spill kit available on site and ensuring
personnel are available to respond expeditiously in the event of a leak or spill).
d. Comply with state/local requirements. Comply with applicable state and local
requirements regarding the use of treatment chemicals.
e. Use chemicals in accordance with good engineering practices and specifications of
the chemical provider/supplier. Use treatment chemicals and chemical treatment
systems in accordance with good engineering practices, and with dosing
specifications and sediment removal design specifications provided by the
provider/supplier of the applicable chemicals, or document in your SWPPP specific
departures from these specifications and how they reflect good engineering
practice.
f. Ensure proper training. Ensure that all persons who handle and use treatment
chemicals at the construction site are provided with appropriate, product-specific
training. Among other things, the training must cover proper dosing requirements.
g. Perform additional measures specified by the EPA Regional Office for the authorized
use of cationic chemicals. If you have been authorized to use cationic chemicals at
your site pursuant to Part 1.1.9, you must perform all additional measures as
conditioned by your authorization to ensure that the use of such chemicals will not
cause an exceedance of water quality standards.
25 The circumstances in which it is infeasible to design outlet structures in this manner are rare. Exceptions
may include areas with extended cold weather,where using surface outlets may not be feasible during
certain time periods (although they must be used during other periods). If you determine that it is infeasible
to meet this requirement,you must provide documentation in your SWPPP to support your determination,
including the specific conditions or time periods when this exception will apply.
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2017 Construction General Permit (CGP) (as modified)
2.2.14 Stabilize exposed portions of the site. Implement and maintain stabilization measures
(e.g., seeding protected by erosion controls until vegetation is established, sodding,
mulching, erosion control blankets, hydromulch, gravel) that minimize erosion from
exposed portions of the site in accordance with Parts 2.2.14a and 2.2.14b.
a. Stabilization eadlines:26
Total Amount of Land Disturbance Deadline
Occurring At Any One Time27
i. Five acres or less(55.0) Initiate the installation of stabilization measures
immediately28 in any areas of exposed soil where
Note:this includes sites disturbing more construction activities have permanently ceased or will
than five acres(>5.0)total over the be temporarily inactive for 14 or more calendar days;29
course of a project, but that limit and
disturbance at any one time r.e., phase Complete the installation of stabilization measures as
the disturbance) to five acres or less soon as practicable, but no later than 14 calendar days
(55.0) after stabilization has been initiated.30
26 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required
under Part 5.3, that the level of sediment discharge on the site makes it necessary to require a faster
schedule for completing stabilization. For instance,if sediment discharges from an area of exposed soil that
is required to be stabilized are compromising the performance of existing stormwater controls, EPA may
require stabilization to correct this problem.
27 Limiting disturbances to five (5) acres or less at any one time means that at no time during the project do
the cumulative earth disturbances exceed five (5) acres.The following examples would qualify as limiting
disturbances at any one time to five (5) acres or less:
1. The total area of disturbance for a project is five (5) acres or less.
2. The total area of disturbance for a project will exceed five (5) acres, but the operator ensures that no
more than five (5) acres will be disturbed at any one time through implementation of stabilization
measures. In this way,site stabilization can be used to "free up" land that can be disturbed without
exceeding the five (5)-acre cap to qualify for the 14-day stabilization deadline. For instance, if an
operator completes stabilization of two (2) acres of land on a five (5)-acre disturbance,then two (2)
additional acres could be disturbed while still qualifying for the longer 14-day stabilization deadline.
28 The following are examples of activities that would constitute the immediate initiation of stabilization:
1. Prepping the soil for vegetative or non-vegetative stabilization as long as seeding, planting, and/or
installation of non-vegetative stabilization products takes place as soon as practicable, but no later
than one (1) calendar day of completing soil preparation;
2. Applying mulch or other non-vegetative product to the exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the activities in # 1 -3 on a portion of the entire area that will be stabilized; and
5. Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines
for completing stabilization.
29 The requirement to initiate stabilization immediately is triggered as soon as you know that construction
work on a portion of the site is temporarily ceased and will not resume for 14 or more days, or as soon as
you know that construction work is permanently ceased. In the context of this provision, "immediately"
means as soon as practicable, but no later than the end of the next business day, following the day when
the construction activities have temporarily or permanently ceased.
30 If vegetative stabilization measures are being implemented, stabilization is considered "installed" when
all activities necessary to seed or plant the area are completed. If non-vegetative stabilization measures
are being implemented, stabilization is considered "installed"when all such measures are implemented or
applied.
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2017 Construction General Permit (CGP) (as modified)
ii. More than five acres(>5.0) • Initiate the installation of stabilization measures
immediately31 in any areas of exposed soil where
construction activities have permanently ceased or will
be temporarily inactive for 14 or more calendar days;32
and
• Complete the installation of stabilization measures as
soon as practicable, but no later than seven (7) calendar
days after stabilization has been initiated.33
iii. Exceptions:
(a) Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). If it is
the seasonally dry period or a period in which drought is occurring, and
vegetative stabilization measures are being used:
(i) Immediately initiate and,within 14 calendar days of a temporary
or permanent cessation of work in any portion of your site,
complete the installation of temporary non-vegetative stabilization
measures to the extent necessary to prevent erosion;
(ii) As soon as practicable, given conditions or circumstances on the
site, complete all activities necessary to seed or plant the area to
be stabilized; and
(iii) If construction is occurring during the seasonally dry period,
indicate in your SWPPP the beginning and ending dates of the
seasonally dry period and your site conditions. Also include the
schedule you will follow for initiating and completing vegetative
stabilization.
(b) Operators that are affected by unforeseen circumstances34 that delay the
initiation and/or completion of vegetative stabilization:
(i) Immediately initiate and,within 14 calendar days, complete the
installation of temporary non-vegetative stabilization measures to
prevent erosion;
(ii) Complete all soil conditioning, seeding, watering or irrigation
installation, mulching, and other required activities related to the
planting and initial establishment of vegetation as soon as
conditions or circumstances allow it on your site; and
(iii) Document in the SWPPP the circumstances that prevent you
from meeting the deadlines in Part 2.2.14a and the schedule you
will follow for initiating and completing stabilization.
(c) Discharges to a sediment- or nutrient-impaired water or to a water that is
identified by your state,tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes. Complete stabilization as soon as
31 See footnote 27
32 See footnote 28
33 See footnote 29
34 Examples include problems with the supply of seed stock or with the availability of specialized equipment
and unsuitability of soil conditions due to excessive precipitation and/or flooding.
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practicable, but no later than seven (7) calendar days after stabilization
has been initiated.
b. Final Stabilization Criteria (for any areas not covered by permanent structures):
i. Establish uniform, perennial vegetation (i.e., evenly distributed, without large bare
areas) that provides 70 percent or more of the cover that is provided by
vegetation native to local undisturbed areas; and/or
ii. Implement permanent non-vegetative stabilization measures35 to provide
effective cover.
iii. Exceptions:
(a) Arid, semi-arid, and drought-stricken areas (as defined in Appendix A).
Final stabilization is met if the area has been seeded or planted to
establish vegetation that provides 70 percent or more of the cover that is
provided by vegetation native to local undisturbed areas within three (3)
years and, to the extent necessary to prevent erosion on the seeded or
planted area, non-vegetative erosion controls have been applied that
provide cover for at least three years without active maintenance.
(b) Disturbed areas on agricultural land that are restored to their
preconstruction agricultural use. The Part 2.2.14b final stabilization criteria
does not apply.
(c) Areas that need to remain disturbed. In limited circumstances, stabilization
may not be required if the intended function of a specific area of the site
necessitates that it remain disturbed, and only the minimum area needed
remains disturbed (e.g., dirt access roads, utility pole pads, areas being
used for storage of vehicles, equipment, materials).
2.3 POLLUTION PREVENTION REQUIREMENTS36
You must implement pollution prevention controls in accordance with the following
requirements to minimize the discharge of pollutants in stormwater and to prevent the
discharge of pollutants from spilled or leaked materials from construction activities.
2.3.1 For equipment and vehicle fueling and maintenance:
a. Provide an effective means of eliminating the discharge of spilled or leaked
chemicals, including fuels and oils, from these activities;37
35 Examples of permanent non-vegetative stabilization measures include riprap, gravel, gabions, and
geotextiles.
36 Under this permit,you are not required to minimize exposure for any products or materials where the
exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of
a specific material or product poses little risk of stormwater contamination (such as final products and
materials intended for outdoor use).
37 Examples of effective means include:
• Locating activities away from waters of the U.S. and stormwater inlets or conveyances so that
stormwater coming into contact with these activities cannot reach waters of the U.S.;
• Providing secondary containment (e.g., spill berms, decks, spill containment pallets) and cover
where appropriate; and
• Having a spill kit available on site and ensuring personnel are available to respond expeditiously in
the event of a leak or spill.
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b. If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC)
requirements in 40 CFR part 1 12 and Section 311 of the CWA;
c. Ensure adequate supplies are available at all times to handle spills, leaks, and
disposal of used liquids;
d. Use drip pans and absorbents under or around leaky vehicles;
e. Dispose of or recycle oil and oily wastes in accordance with other federal, state,
tribal, or local requirements; and
f. Clean up spills or contaminated surfaces immediately, using dry clean up measures
(do not clean contaminated surfaces by hosing the area down), and eliminate the
source of the spill to prevent a discharge or a continuation of an ongoing discharge.
2.3.2 For equipment and vehicle washing:
a. Provide an effective means of minimizing the discharge of pollutants from equipment
and vehicle washing, wheel wash water, and other types of wash waters;38
b. Ensure there is no discharge of soaps, solvents, or detergents in equipment and
vehicle wash water; and
c. For storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic
sheeting, temporary roofs) to minimize the exposure of these detergents to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas.
2.3.3 For storage, handling, and disposal of building products, materials, and wastes:
a. For building materials and building products39, provide either (1) cover (e.g., plastic
sheeting, temporary roofs) to minimize the exposure of these products to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas.
Minimization of exposure is not required in cases where the exposure to precipitation
and to stormwater will not result in a discharge of pollutants, or where exposure of a
specific material or product poses little risk of stormwater contamination (such as final
products and materials intended for outdoor use).
b. For pesticides, herbicides, insecticides, fertilizers, and landscape materials:
i. In storage areas, provide either (1) cover (e.g., plastic sheeting, temporary roofs)
to minimize the exposure of these chemicals to precipitation and to stormwater,
or (2) a similarly effective means designed to minimize the discharge of pollutants
from these areas; and
ii. Comply with all application and disposal requirements included on the registered
pesticide, herbicide, insecticide, and fertilizer label (see also Part 2.3.5).
c. For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals:
38 Examples of effective means include locating activities away from waters of the U.S. and stormwater
inlets or conveyances and directing wash waters to a sediment basin or sediment trap, using filtration
devices,such as filter bags or sand filters, or using other similarly effective controls.
39 Examples of building materials and building products typically present at construction sites include
asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures, and gravel and mulch
stockpiles.
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i. Store chemicals in water-tight containers, and provide either (1) cover(e.g.,
plastic sheeting, temporary roofs) to minimize the exposure of these containers to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas (e.g., having a spill kit
available on site and ensuring personnel are available to respond expeditiously in
the event of a leak or spill), or provide secondary containment (e.g., spill berms,
decks, spill containment pallets); and
ii. Clean up spills immediately, using dry clean-up methods where possible, and
dispose of used materials properly. You are prohibited from hosing the area down
to clean surfaces or spills. Eliminate the source of the spill to prevent a discharge
or a furtherance of an ongoing discharge.
d. For hazardous or toxic wastes:40
i. Separate hazardous or toxic waste from construction and domestic waste;
ii. Store waste in sealed containers,which are constructed of suitable materials to
prevent leakage and corrosion, and which are labeled in accordance with
applicable Resource Conservation and Recovery Act (RCRA) requirements and
all other applicable federal,state, tribal, or local requirements;
iii. Store all outside containers within appropriately-sized secondary containment
(e.g., spill berms, decks, spill containment pallets) to prevent spills from being
discharged, or provide a similarly effective means designed to prevent the
discharge of pollutants from these areas (e.g., storing chemicals in a covered
area, having a spill kit available on site);
iv. Dispose of hazardous or toxic waste in accordance with the manufacturer's
recommended method of disposal and in compliance with federal, state, tribal,
and local requirements;
v. Clean up spills immediately, using dry clean-up methods, and dispose of used
materials properly. You are prohibited from hosing the area down to clean
surfaces or spills. Eliminate the source of the spill to prevent a discharge or a
furtherance of an ongoing discharge; and
vi. Follow all other federal, state, tribal, and local requirements regarding hazardous
or toxic waste.
e. For construction and domestic wastes:41
i. Provide waste containers (e.g., dumpster, trash receptacle) of sufficient size and
number to contain construction and domestic wastes;
ii. Keep waste container lids closed when not in use and close lids at the end of the
business day for those containers that are actively used throughout the day. For
waste containers that do not have lids, provide either (1) cover(e.g., a tarp,
plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation,
40 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks,
sealants,fluorescent light ballasts, solvents, petroleum-based products,wood preservatives,additives,
curing compounds, and acids.
41 Examples of construction and domestic waste include packaging materials, scrap construction materials,
masonry products,timber, pipe and electrical cuttings, plastics,styrofoam,concrete, demolition debris;
and other trash or building materials.
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or (2) a similarly effective means designed to minimize the discharge of pollutants
(e.g., secondary containment);
iii. On business days, clean up and dispose of waste in designated waste containers;
and
iv. Clean up immediately if containers overflow.
f. For sanitary waste, position portable toilets so that they are secure and will not be
tipped or knocked over, and located away from waters of the U.S. and stormwater
inlets or conveyances.
2.3.4 For washing applicators and containers used for stucco, paint, concrete, form release
oils, curing compounds, or other materials:
a. Direct wash water into a leak-proof container or leak-proof and lined pit designed so
that no overflows can occur due to inadequate sizing or precipitation;
b. Handle washout or cleanout wastes as follows:
i. Do not dump liquid wastes in storm sewers or waters of the U.S.;
ii. Dispose of liquid wastes in accordance with applicable requirements in Part 2.3.3;
and
iii. Remove and dispose of hardened concrete waste consistent with your handling
of other construction wastes in Part 2.3.3; and
c. Locate any washout or cleanout activities as far away as possible from waters of the
U.S. and stormwater inlets or conveyances, and, to the extent feasible, designate
areas to be used for these activities and conduct such activities only in these areas.
2.3.5 For the application of fertilizers:
a. Apply at a rate and in amounts consistent with manufacturer's specifications, or
document in the SWPPP departures from the manufacturer specifications where
appropriate in accordance with Part 7.2.6.b.ix;
b. Apply at the appropriate time of year for your location, and preferably timed to
coincide as closely as possible to the period of maximum vegetation uptake and
growth;
c. Avoid applying before heavy rains that could cause excess nutrients to be
discharged;
d. Never apply to frozen ground;
e. Never apply to stormwater conveyance channels; and
f. Follow all other federal, state, tribal, and local requirements regarding fertilizer
application.
2.3.6 Emergency Spill Notification Requirements
Discharges of toxic or hazardous substances from a spill or other release are prohibited,
consistent with Part 1.3.5. Where a leak, spill, or other release containing a hazardous
substance or oil in an amount equal to or in excess of a reportable quantity established
under either 40 CFR 1 10, 40 CFR 117, or 40 CFR 302 occurs during a 24-hour period, you
must notify the National Response Center (NRC) at (800) 424-8802 or, in the Washington,
DC metropolitan area, call (202) 267-2675 in accordance with the requirements of 40
CFR 1 10, 40 CFR 117, and 40 CFR 302 as soon as you have knowledge of the release. You
must also, within seven (7) calendar days of knowledge of the release, provide a
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description of the release, the circumstances leading to the release, and the date of the
release. State, tribal, or local requirements may necessitate additional reporting of spills
or discharges to local emergency response, public health, or drinking water supply
agencies.
2.4 CONSTRUCTION DEATERING REQUIREMENTS
Comply with the following requirements to minimize the discharge of pollutants in ground
water or accumulated stormwater that is removed from excavations, trenches,
foundations, vaults, or other similar points of accumulation, in accordance with Part
1.2.2.42
2. .1 Treat dewatering discharges with controls to minimize discharges of pollutants;43
2. .2 Do not discharge visible floating solids or foam;
2. .3 Use an oil-water separator or suitable filtration device (such as a cartridge filter) that is
designed to remove oil, grease, or other products if dewatering water is found to contain
these materials;
2.4.4 To the extent feasible, use vegetated, upland areas of the site to infiltrate dewatering
water before discharge.You are prohibited from using waters of the U.S. as part of the
treatment area;
2.4.5 At all points where dewatering water is discharged, comply with the velocity dissipation
requirements of Part 2.2.1 1;
2.4.6 With backwash water, either haul it away for disposal or return it to the beginning of the
treatment process; and
2. .7 Replace and clean the filter media used in dewatering devices when the pressure
differential equals or exceeds the manufacturer's specifications.
3 WATER QUALITY-BASED EFFLUENT LIMITATIONS
3.1 GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS
Discharges must be controlled as necessary to meet applicable water quality
standards. Discharges must also comply with any additional state or tribal
requirements that are in Part 9.
In the absence of information demonstrating otherwise, EPA expects that compliance
with the conditions in this permit will result in stormwater discharges being controlled as
necessary to meet applicable water quality standards. If at any time you become
aware, or EPA determines, that discharges are not being controlled as necessary to
meet applicable water quality standards, you must take corrective action as required
in Parts 5.1 and 5.2, and document the corrective actions as required in Part 5.4.
42 Uncontaminated, clear (non-turbid) dewatering water can be discharged without being routed to a
control.
43 Appropriate controls include sediment basins or sediment traps,sediment socks, dewatering tanks, tube
settlers,weir tanks,filtration systems (e.g., bag or sand filters), and passive treatment systems that are
designed to remove sediment. Appropriate controls to use downstream of dewatering controls to minimize
erosion include vegetated buffers, check dams, riprap, and grouted riprap at outlets.
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EPA may insist that you install additional controls (to meet the narrative water quality-
based effluent limit above) on a site-specific basis, or require you to obtain coverage
under an individual permit, if information in your NOI or from other sources indicates
that your discharges are not controlled as necessary to meet applicable water quality
standards. This includes situations where additional controls are necessary to comply
with a wasteload allocation in an EPA-established or approved TMDL.
If during your coverage under a previous permit,you were required to install and
maintain stormwater controls specifically to meet the assumptions and requirements
of an EPA-approved or established TMDL (for any parameter) or to otherwise control
your discharge to meet water quality standards, you must continue to implement
such controls as part of your coverage under this permit.
3.2 DISCHARGE LIMITATIONS FOR SITES DISCHARGING TO SENSITIVE WATERS44
For any portion of the site that discharges to a sediment or nutrient-impaired water or to
a water that is identified by your state, tribe, or EPA as Tier 2,Tier 2.5, or Tier 3 for
antidegradation purposes, you must comply with the inspection frequency specified in
4.3 and you must comply with the stabilization deadline specified in Part 2.2.14.a.iii.(c).45
If you discharge to a water that is impaired for a parameter other than a sediment-
related parameter or nutrients, EPA will inform you if any additional controls are
necessary for your discharge to be controlled as necessary to meet water quality
standards, including for it to be consistent with the assumptions of any available
wasteload allocation in any applicable TMDL, or if coverage under an individual permit
is necessary.
In addition, on a case-by-case basis, EPA may notify operators of new sites or
operators of existing sites with increased discharges that additional analyses,
stormwater controls, or other measures are necessary to comply with the applicable
44 Sensitive waters include waters that are impaired and Tier 2,Tier 2.5, and Tier 3 waters.
"Impaired waters" are those waters identified by the state,tribe, or EPA as not meeting an applicable
water quality standard and (1) requires development of a TMDL (pursuant to section 303(d) of the CWA;or
(2) is addressed by an EPA-approved or established TMDL;or (3) is not in either of the above categories but
the waterbody is covered by a pollution control program that meets the requirements of 40 CFR
130.7(b)(1).Your construction site will be considered to discharge to an impaired water if the first water of
the U.S.to which you discharge is an impaired water for the pollutants contained in the discharge from
your site. For discharges that enter a storm sewer system prior to discharge,the first water of the U.S. to
which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system.
For assistance in determining whether your site discharges to impaired waters, EPA has developed a tool
that is available both within the electronic NOI form in NeT, and at
httos://wa ler.eoa.aov/oolwaste/nQdes/stormwater/discharae.cf m.
Tiers 2, 2.5 and 3 refer to waters either identified by the state as high quality waters or Outstanding National
Resource Waters under 40 CFR 131.12(a)(2) and (3). For the purposes of this permit, you are considered to
discharge to a Tier 2,Tier 2.5, or Tier 3 water if the first water of the U.S.to which you discharge is identified
by a state,tribe, or EPA as Tier 2,Tier 2.5, or Tier 3. For discharges that enter a storm sewer system prior to
discharge, the water of the U.S.to which you discharge is the first water of the U.S.that receives the
stormwater discharge from the storm sewer system.See list of Tier 2,Tier 2.5, and Tier 3 waters in Appendix F.
EPA may determine on a case-by-case basis that a site discharges to a sensitive water.
45 If you qualify for any of the reduced inspection frequencies in Part 4.4,you may conduct inspections in
accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.
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antidegradation requirements, or notify you that an individual permit application is
necessary.
If you discharge to a water that is impaired for polychlorinated biphenyls (PCBs) and are
engaging in demolition of any structure with at least 10,000 square feet of floor space
built or renovated before January 1, 1980, you must:
a. Implement controls46 to minimize the exposure of PCB-containing building
materials, including paint, caulk, and pre-1980 fluorescent lighting fixtures, to
precipitation and to stormwater; and
b. Ensure that disposal of such materials is performed in compliance with applicable
state, federal, and local laws.
SITE INSPECTION REQUIREMENTS
4.1 PERSON(S) RESPONSIBLE FOR INSPECTING SITE
The person(s) inspecting your site may be a person on your staff or a third party you hire
to conduct such inspections. You are responsible for ensuring that the person who
conducts inspections is a "qualified person."47
4.2 FREQUENCY OF ISPECTIONS.48
At a minimum, you must conduct a site inspection in accordance with one of the two
schedules listed below, unless you are subject to the Part 4.3 site inspection frequency for
discharges to sensitive waters or qualify for a Part 4.4 reduction in the inspection
frequency:
4.2.1 At least once every seven (7) calendar days; or
.2.2 Once every 14 calendar days and within 24 hours of the occurrence of a storm event of
0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to cause a
discharge.49 To determine if a storm event of 0.25 inches or greater has occurred on your
site, you must either keep a properly maintained rain gauge on your site, or obtain the
storm event information from a weather station that is representative of your location. For
any day of rainfall during normal business hours that measures 0.25 inches or greater, you
must record the total rainfall measured for that day in accordance with Part 4.7.1 d.
46 Examples of controls to minimize exposure of PCBs to precipitation and stormwater include separating
work areas from non-work areas and selecting appropriate personal protective equipment and tools,
constructing a containment area so that all dust or debris generated by the work remains within the
protected area, using tools that minimize dust and heat (<212°F). For additional information, refer to Part
2.3.3 of the CGP Fact Sheet.
47 A "qualified person" is a person knowledgeable in the principles and practice of erosion and sediment
controls and pollution prevention, who possesses the appropriate skills and training to assess conditions at
the construction site that could impact stormwater quality, and the appropriate skills and training to assess
the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit.
48 Inspections are only required during the site's normal working hours.
49 "Within 24 hours of the occurrence of a storm event" means that you must conduct an inspection within
24 hours once a storm event has produced 0.25 inches within a 24-hour period, even if the storm event is still
continuing.Thus, if you have elected to inspect bi-weekly in accordance with Part 4.2.2 and there is a storm
event at your site that continues for multiple days, and each day of the storm produces 0.25 inches or more
of rain,you must conduct an inspection within 24 hours of the first day of the storm and within 24 hours after
the end of the storm.
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4.3 INCREASE IN INSPECTION FREQUENCY FOR SITES DISCHARGING TO SENSITIVE WATERS.
For any portion of the site that discharges to a sediment or nutrient-impaired water or to
a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes (see Part 3.2), instead of the inspection frequency specified in
Part 4.2, you must conduct inspections in accordance with the following inspection
frequencies:
Once every seven (7) calendar days and within 24 hours of the occurrence of a storm
event of 0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to
cause a discharge.To determine if a storm event of 0.25 inches or greater has occurred
on your site, you must either keep a properly maintained rain gauge on your site, or
obtain the storm event information from a weather station that is representative of your
location. For any day of rainfall during normal business hours that measures 0.25 inches or
greater, you must record the total rainfall measured for that day in accordance with Part
4.7.1 d.
4.4 REDUCTIONS IN INSPECTION FREQUENCY
4.4.1 Stabilized areas.
a. You may reduce the frequency of inspections to twice per month for the first month,
no more than 14 calendar days apart, then once per month in any area of your site
where the stabilization steps in 2.2.14a have been completed. If construction activity
resumes in this portion of the site at a later date, the inspection frequency
immediately increases to that required in Parts 4.2 and 4.3, as applicable. You must
document the beginning and ending dates of this period in your SWPPP.
b. Exception. For "linear construction sites" (as defined in Appendix A) where disturbed
portions have undergone final stabilization at the same time active construction
continues on others, you may reduce the frequency of inspections to twice per
month for the first month, no more than 14 calendar days apart, in any area of your
site where the stabilization steps in 2.2.14a have been completed. After the first
month, inspect once more within 24 hours of the occurrence of a storm event of 0.25
inches or greater. If there are no issues or evidence of stabilization problems, you may
suspend further inspections. If "wash-out" of stabilization materials and/or sediment is
observed, following re-stabilization, inspections must resume at the inspection
frequency required in Part 4.4.1 a Inspections must continue until final stabilization is
visually confirmed following a storm event of 0.25 inches or greater.
4.4.2 Arid, semi-arid, or drought-stricken areas (as defined in Appendix A). If it is the seasonally
dry period or a period in which drought is occurring, you may reduce the frequency of
inspections to once per month and within 24 hours of the occurrence of a storm event of
0.25 inches or greater. You must document that you are using this reduced schedule and
the beginning and ending dates of the seasonally dry period in your SWPPP.To
determine if a storm event of 0.25 inches or greater has occurred on your site, you must
either keep a properly maintained rain gauge on your site, or obtain the storm event
information from a weather station that is representative of your location. For any day of
rainfall during normal business hours that measures 0.25 inches or greater, you must
record the total rainfall measured for that day in accordance with Part 4.7.1 d.
4.4.3 Frozen conditions:
a. If you are suspending construction activities due to frozen conditions, you may
temporarily suspend inspections on your site until thawing conditions (as defined in
Appendix A) begin to occur if:
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i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at
your 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, you must immediately resume your regular
inspection frequency as described in Parts 4.2 and 4.3, as applicable;
ii. Land disturbances have been suspended; and
iii. All disturbed areas of the site have been stabilized in accordance with Part
2.2.14a.
b. If you are still conducting construction activities during frozen conditions,you may
reduce your inspection frequency to once per month if:
i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at
your 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, you must immediately resume your regular
inspection frequency as described in Parts 4.2 and 4.3, as applicable; and
ii. Except for areas in which you are actively conducting construction activities,
disturbed areas of the site have been stabilized in accordance with Part 2.2.14a.
You must document the beginning and ending dates of this period in your SWPPP.
.5 AREAS THAT MUST BE INSPECTED
During your site inspection, you must at a minimum inspect the following areas of your
site:
4.5.1 All areas that have been cleared, graded, or excavated and that have not yet
completed stabilization consistent with Part 2.2.14a;
.5.2 All stormwater controls (including pollution prevention controls) installed at the site to
comply with this permit;so
.5.3 Material, waste, borrow, and equipment storage and maintenance areas that are
covered by this permit;
4.5.4 All areas where stormwater typically flows within the site, including drainageways
designed to divert, convey, and/or treat stormwater;
4.5.5 All points of discharge from the site; and
4.5.6 All locations where stabilization measures have been implemented.
You are not required to inspect areas that, at the time of the inspection, are considered
unsafe to your inspection personnel.
4.6 REQUIREMENTS FOR INSPECTIONS
During your site inspection, you must at a minimum:
4.6.1 Check whether all stormwater controls (i.e., erosion and sediment controls and pollution
prevention controls) are properly installed, appear to be operational, and are working as
intended to minimize pollutant discharges;
so This includes the requirement to inspect for sediment that has been tracked out from the site
onto paved roads, sidewalks, or other paved areas consistent with Part 2.2.4.
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4.6.2 Check for the presence of conditions that could lead to spills, leaks, or other
accumulations of pollutants on the site;
.6.3 Identify any locations where new or modified stormwater controls are necessary to meet
the requirements of Parts 2 and/or 3;
4.6.4 Check for signs of visible erosion and sedimentation (i.e., sediment deposits) that have
occurred and are attributable to your discharge at points of discharge and, if applicable,
the banks of any waters of the U.S. flowing within or immediately adjacent to the site;
4.6.5 Identify any incidents of noncompliance observed;
4.6.6 If a discharge is occurring during your inspection:
a. Identify all discharge points at the site; and
b. Observe and document the visual quality of the discharge, and take note of the
characteristics of the stormwater discharge, including color; odor; floating, settled, or
suspended solids; foam; oil sheen; and other indicators of stormwater pollutants.
4.6.7 Based on the results of your inspection, complete any necessary maintenance under Part
2.1.4 and corrective action under Part 5.
4.7 INSPECTION REPORT
4.7.1 You must complete an inspection report within 24 hours of completing any site
inspection. Each inspection report must include the following:
a. The inspection date;
b. Names and titles of personnel making the inspection;
c. A summary of your inspection findings, covering at a minimum the observations you
made in accordance with Part 4.6, including any necessary maintenance or
corrective actions;
d. If you are inspecting your site at the frequency specified in Part 4.2.2, Part 4.3, or Part
4.4.1 b, and you conducted an inspection because of rainfall measuring 0.25 inches
or greater, you must include the applicable rain gauge or weather station readings
that triggered the inspection; and
e. If you determined that it is unsafe to inspect a portion of your site, you must describe
the reason you found it to be unsafe and specify the locations to which this condition
applies.
4.7.2 Each inspection report must be signed in accordance with Appendix I, Part 1.11 of this
permit.
4.7.3 You must keep a copy of all inspection reports at the site or at an easily accessible
location, so that it can be made available at the time of an on-site inspection or upon
request by EPA.
4.7.4 You must retain all inspection reports completed for this Part for at least three (3) years
from the date that your permit coverage expires or is terminated.
4.8 INSPECTIONS BY EPA
You must allow EPA, or an authorized representative of EPA, to conduct the following
activities at reasonable times. To the extent that you are utilizing shared controls that are
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not on site to comply with this permit, you must make arrangements for EPA to have
access at all reasonable times to those areas where the shared controls are located.
4.8.1 Enter onto all areas of the site, including any construction support activity areas covered
by this permit, any off-site areas where shared controls are utilized to comply with this
permit, discharge locations, adjoining waterbodies, and locations where records are
kept under the conditions of this permit;
. .2 Access and copy any records that must be kept under the conditions of this permit;
.8.3 Inspect your construction site, including any construction support activity areas covered
by this permit (see Part 1.2.1 c), any stormwater controls installed and maintained at the
site, and any off-site shared controls utilized to comply with this permit; and
4.8.4 Sample or monitor for the purpose of ensuring compliance.
5 CORRECTIVE ACTIONS
5.1 CONDITIONS TRIGGERING CORRECTIVE ACTION.
You must take corrective action to address any of the following conditions identified at
your site:
5.1.1 A stormwater control needs repair or replacement (beyond routine maintenance
required under Part 2.1.4); or
5.1.2 A stormwater control necessary to comply with the requirements of this permit was never
installed, or was installed incorrectly; or
5.1.3 Your discharges are causing an exceedance of applicable water quality standards; or
5.1.4 A prohibited discharge has occurred (see Part 1.3).
5.2 CORRECTIVE ACTION DEADLINES
For any corrective action triggering conditions in Part 5.1, you must:
5.2.1 Immediately take all reasonable steps to address the condition, including cleaning up
any contaminated surfaces so the material will not discharge in subsequent storm events;
5.2.2 When the problem does not require a new or replacement control or significant repair,
the corrective action must be completed by the close of the next business day;
5.2.3 When the problem requires a new or replacement control or significant repair, install the
new or modified control and make it operational, or complete the repair, by no later
than seven (7) calendar days from the time of discovery. If it is infeasible to complete the
installation or repair within seven (7) calendar days, you must document in your records
why it is infeasible to complete the installation or repair within the 7-day timeframe and
document your schedule for installing the stormwater controls) and making it
operational as soon as feasible after the 7-day timeframe. Where these actions result in
changes to any of the stormwater controls or procedures documented in your SWPPP,
you must modify your SWPPP accordingly within seven (7) calendar days of completing
this work.
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5.3 CORRECTIVE ACTION REQUIRED BY EPA
You must comply with any corrective actions required by EPA as a result of permit
violations found during an inspection carried out under Part 4.8.
5.4 CORRECTIVE ACTION REPORT
For each corrective action taken in accordance with this Part, you must complete a
report in accordance with the following:
5.4.1 Within 24 hours of identifying the corrective action condition, document the specific
condition and the date and time it was identified.
5.4.2 Within 24 hours of completing the corrective action (in accordance with the deadlines in
Part 5.2), document the actions taken to address the condition, including whether any
SWPPP modifications are required.
5.4.3 Each corrective action report must be signed in accordance with Appendix I, Part 1.11 of
this permit.
5.4.4 You must keep a copy of all corrective action reports at the site or at an easily
accessible location, so that it can be made available at the time of an on-site inspection
or upon request by EPA.
5.4.5 You must retain all corrective action reports completed for this Part for at least three (3)
years from the date that your permit coverage expires or is terminated.
6 STAFF TRAINING REQUIREMENTS
Each operator, or group of multiple operators, must assemble a "stormwater team" to
carry out compliance activities associated with the requirements in this permit.
6.1 Prior to the commencement of construction activities, you must ensure that the following
personnels' on the stormwater team understand the requirements of this permit and their
specific responsibilities with respect to those requirements:
a. Personnel who are responsible for the design, installation, maintenance, and/or repair
of stormwater controls (including pollution prevention controls);
b. Personnel responsible for the application and storage of treatment chemicals (if
applicable);
c. Personnel who are responsible for conducting inspections as required in Part 4.1; and
d. Personnel who are responsible for taking corrective actions as required in Part 5.
6.2 You are responsible for ensuring that all activities on the site comply with the
requirements of this permit. You are not required to provide or document formal training
for subcontractors or other outside service providers, but you must ensure that such
personnel understand any requirements of this permit that may be affected by the work
they are subcontracted to perform.
51 If the person requiring training is a new employee who starts after you commence construction activities,
you must ensure that this person has the proper understanding as required above prior to assuming
particular responsibilities related to compliance with this permit.
For emergency-related projects, the requirement to train personnel prior to commencement of
construction activities does not apply, however, such personnel must have the required training prior to NOI
submission.
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6.3 At a minimum, members of the stormwater team must be trained to understand the
following if related to the scope of their job duties (e.g., only personnel responsible for
conducting inspections need to understand how to conduct inspections):
a. The permit deadlines associated with installation, maintenance, and removal of
stormwater controls and with stabilization;
b. The location of all stormwater controls on the site required by this permit and how
they are to be maintained;
c. The proper procedures to follow with respect to the permit's pollution prevention
requirements; and
d. When and how to conduct inspections, record applicable findings, and take
corrective actions.
6.4 Each member of the stormwater team must have easy access to an electronic or paper
copy of applicable portions of this permit, the most updated copy of your SWPPP, and
other relevant documents or information that must be kept with the SWPPP.
7 STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
7.1 GENERAL REQUIREMENTS
All operators associated with a construction site under this permit must develop a SWPPP
consistent with the requirements in Part 7 prior to their submittal of the N0I.52,ss The
SWPPP must be kept up-to-date throughout coverage under this permit.
If a SWPPP was prepared under a previous version of this permit, the operator must
review and update the SWPPP to ensure that this permit's requirements are addressed
prior to submitting an NOI for coverage under this permit.
7.2 SWPPP CONTENTS
At a minimum, the SWPPP must include the information specified in this Part and as
specified in other parts of this permit.
7.2.1 All Site Operators. Include a list of all other operators who will be engaged in construction
activities at the site, and the areas of the site over which each operator has control.
7.2.2 Stormwater Team. Identify the personnel (by name or position) that are part of the
stormwater team, as well as their individual responsibilities, including which members
are responsible for conducting inspections.
52 The SWPPP does not establish the effluent limits and other permit terms and conditions that apply to your
site's discharges; these limits, terms, and conditions are established in this permit.
Where there are multiple operators associated with the same site, they may develop a group SWPPP
instead of multiple individual SWPPPs. Regardless of whether there is a group SWPPP or multiple individual
SWPPPs, each operator is responsible for compliance with the permit's terms and conditions. In other words,
if Operator A relies on Operator B to satisfy its permit obligations, Operator A does not have to duplicate
those permit-related functions if Operator B is implementing them for both operators to be in compliance
with the permit. However, Operator A remains responsible for permit compliance if Operator B fails to
implement any measures necessary for Operator A to comply with the permit. In addition, all operators
must ensure, either directly or through coordination with other operators, that their activities do not
compromise any other operators' controls and/or any shared controls.
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7.2.3 Nature of Construction Activities.54 Include the following:
a. A description of the nature of your construction activities, including the age or dates
of past renovations for structures that are undergoing demolition;
b. The size of the property (in acres or length in miles if a linear construction site);
c. The total area expected to be disturbed by the construction activities (to the nearest
quarter acre or nearest quarter mile if a linear construction site);
d. A description of any on-site and off-site construction support activity areas covered
by this permit (see Part 1.2.1 c);
e. The maximum area expected to be disturbed at any one time, including on-site and
off-site construction support activity areas;
f. A description and projected schedule for the following:
i. Commencement of construction activities in each portion of the site, including
clearing and grubbing, mass grading, demolition activities, site preparation (i.e.,
excavating, cutting and filling), final grading, and creation of soil and vegetation
stockpiles requiring stabilization;
ii. Temporary or permanent cessation of construction activities in each portion of
the site;
iii. Temporary or final stabilization of exposed areas for each portion of the site; and
iv. Removal of temporary stormwater controls and construction equipment or
vehicles, and the cessation of construction-related pollutant-generating activities.
g. A list and description of all pollutant-generating activities55 on the site. For each
pollutant-generating activity, include an inventory of pollutants or pollutant
constituents (e.g., sediment, fertilizers, pesticides, paints, caulks, sealants, fluorescent
light ballasts, contaminated substrates, solvents, fuels) associated with that activity,
which could be discharged in stormwater from your construction site. You must take
into account where potential spills and leaks could occur that contribute pollutants
to stormwater discharges, and any known hazardous or toxic substances, such as
PCBs and asbestos, that will be disturbed or removed during construction;
h. Business days and hours for the project;
i. If you are conducting construction activities in response to a public emergency (see
Part 1.4), a description of the cause of the public emergency (e.g., mud slides,
earthquake, extreme flooding conditions, widespread disruption in essential public
services), information substantiating its occurrence (e.g., state disaster declaration or
similar state or local declaration), and a description of the construction necessary to
reestablish affected public services.
7.2.4 Site Map. Include a legible map, or series of maps, showing the following features of the
site:
a. Boundaries of the property;
54 If plans change due to unforeseen circumstances or for other reasons,the requirement to describe the
sequence and estimated dates of construction activities is not meant to "lock in" the operator to meeting
these dates. When departures from initial projections are necessary, this should be documented in the
SWPPP itself, or in associated records, as appropriate.
55 Examples of pollutant-generating activities include paving operations; concrete, paint, and stucco
washout and waste disposal;solid waste storage and disposal; and dewatering operations.
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b. Locations where construction activities will occur, including:
i. Locations where earth-disturbing activities will occur (note any phasing),
including any demolition activities;
ii. Approximate slopes before and after major grading activities (note any steep
slopes (as defined in Appendix A));
iii. Locations where sediment, soil, or other construction materials will be stockpiled;
iv. Any water of the U.S. crossings;
v. Designated points where vehicles will exit onto paved roads;
vi. Locations of structures and other impervious surfaces upon completion of
construction; and
vii. Locations of on-site and off-site construction support activity areas covered by
this permit (see Part 1.2.1 c).
c. Locations of all waters of the U.S.within and one mile downstream of the site's
discharge point. Also identify if any are listed as impaired, or are identified as a Tier 2,
Tier 2.5, or Tier 3 water;
d. Areas of federally listed critical habitat within the site and/or at discharge locations;
e. Type and extent of pre-construction cover on the site (e.g., vegetative cover, forest,
pasture, pavement, structures);
f. Drainage patterns of stormwater and authorized non-stormwater before and after
major grading activities;
g. Stormwater and authorized non-stormwater discharge locations, including:
i. Locations where stormwater and/or authorized non-stormwater will be
discharged to storm drain inlets;56 and
ii. Locations where stormwater or authorized non-stormwater will be discharged
directly to waters of the U.S.
h. Locations of all potential pollutant-generating activities identified in Part 7.2.3g;
i. Locations of stormwater controls, including natural buffer areas and any shared
controls utilized to comply with this permit; and
j. Locations where polymers, flocculants, or other treatment chemicals will be used and
stored.
7.2. Pion-Stormwater Discharges. Identify all authorized non-stormwater discharges in Part
1.2.2 that will or may occur.
7.2.6 Description of Stormwater Controls.
a. For each of the Part 2.2 erosion and sediment control effluent limits, Part 2.3 pollution
prevention effluent limits, and Part 2.4 construction dewatering effluent limits, as
applicable to your site, you must include the following:
i. A description of the specific control(s) to be implemented to meet the effluent
limit;
56 The requirement to show storm drain inlets in the immediate vicinity of the site on your site map only
applies to those inlets that are easily identifiable from your site or from a publicly accessible area
immediately adjacent to your site.
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ii. Any applicable stormwater control design specifications (including references to
any manufacturer specifications and/or erosion and sediment control
manuals/ordinances relied upon);57
iii. Routine stormwater control maintenance specifications; and
iv. The projected schedule for stormwater control installation/implementation.
b. You must also include any of the following additional information as applicable.
i. Natural buffers and/or equivalent sediment controls (see Part 2.2.1 and Appendix
G). You must include the following:
(a) The compliance alternative to be implemented;
(b) If complying with alternative 2, the width of natural buffer retained;
(c) If complying with alternative 2 or 3, the erosion and sediment controls)
you will use to achieve an equivalent sediment reduction, and any
information you relied upon to demonstrate the equivalency;
(d) If complying with alternative 3, a description of why it is infeasible for you
to provide and maintain an undisturbed natural buffer of any size;
(e) For"linear construction sites" where it is infeasible to implement
compliance alternative 1, 2, or 3, a rationale for this determination, and a
description of any buffer width retained and/or supplemental erosion and
sediment controls installed; and
(f) A description of any disturbances that are exempt under Part 2.2.1 that
occur within 50 feet of a water of the U.S.
ii. Perimeter controls for a "linear construction site" (see Part 2.2.3). For areas where
perimeter controls are not feasible, include documentation to support this
determination and a description of the other practices that will be implemented to
minimize discharges of pollutants in stormwater associated with construction
activities.
Note: Routine maintenance specifications for perimeter controls documented in the
SWPPP must include the Part 2.2.3a requirement that sediment be removed before it
has accumulated to one-half of the above-ground height of any perimeter control.
iii. Sediment track-out controls (see Parts 2.2.4b and 2.2.4c). Document the specific
stabilization techniques and/or controls that will be implemented to remove sediment
prior to vehicle exit.
iv. Sediment basins (see Part 2.2.12). In circumstances where it is infeasible to utilize
outlet structures that withdraw water from the surface, include documentation to
support this determination, including the specific conditions or time periods when this
exception will apply.
v. Treatment chemicals (see Part 2.2.13), you must include the following:
(a) A listing of the soil types that are expected to be exposed during construction
in areas of the project that will drain to chemical treatment systems. Also
include a listing of soil types expected to be found in fill material to be used in
these same areas, to the extent you have this information prior to
construction;
51 Design specifications may be found in manufacturer specifications and/or in applicable erosion and
sediment control manuals or ordinances. Any departures from such specifications must reflect good
engineering practice and must be explained in the SWPPP.
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(b) A listing of all treatment chemicals to be used at the site and why the
selection of these chemicals is suited to the soil characteristics of your site;
(c) If the applicable EPA Regional Office authorized you to use cationic
treatment chemicals for sediment control, include the specific controls and
implementation procedures designed to ensure that your use of cationic
treatment chemicals will not lead to an exceedance of water quality
standards;
(d) The dosage of all treatment chemicals to be used at the site or the
methodology to be used to determine dosage;
(e) Information from any applicable Safety Data Sheet (SDS);
(f) Schematic drawings of any chemically enhanced stormwater controls or
chemical treatment systems to be used for application of the treatment
chemicals;
(g) A description of how chemicals will be stored consistent with Part 2.2.13c;
(h) References to applicable state or local requirements affecting the use of
treatment chemicals, and copies of applicable manufacturer's specifications
regarding the use of your specific treatment chemicals and/or chemical
treatment systems; and
(i) A description of the training that personnel who handle and apply chemicals
have received prior to permit coverage, or will receive prior to use of the
treatment chemicals at your site.
vi. Stabilization measures (see Part 2.2.14). You must include the following:
(a) The specific vegetative and/or non-vegetative practices that will be used;
(b) The stabilization deadline that will be met in accordance with Part 2.2.14.a.i-ii;
(c) If complying with the deadlines for sites in arid, semi-arid, or drought-stricken
areas, the beginning and ending dates of the seasonally dry period and the
schedule you will follow for initiating and completing vegetative stabilization;
and
(d) If complying with deadlines for sites affected by unforeseen circumstances
that delay the initiation and/or completion of vegetative stabilization,
document the circumstances and the schedule for initiating and completing
stabilization.
vii. Spill prevention and response procedures (see Part 1.3.5 and Part 2.3). You must
include the following:
(a) Procedures for expeditiously stopping, containing, and cleaning up spills,
leaks, and other releases. Identify the name or position of the employee(s)
responsible for detection and response of spills or leaks; and
(b) Procedures for notification of appropriate facility personnel, emergency
response agencies, and regulatory agencies where a leak, spill, or other
release containing a hazardous substance or oil in an amount equal to or in
excess of a reportable quantity consistent with Part 2.3.6 and established
under either 40 CFR 1 10, 40 CFR 117, or 40 CFR 302, occurs during a 24-hour
period. Contact information must be in locations that are readily accessible
and available to all employees.
You may also reference the existence of Spill Prevention Control and
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Countermeasure (SPCC) plans developed for the construction activity
under Part 311 of the CWA, or spill control programs otherwise required by
an NPDES permit for the construction activity, provided that you keep a
copy of that other plan on site.58
viii. Waste management procedures (see Part 2.3.3). Describe the procedures you will
follow for handling, storing and disposing of all wastes generated at your site
consistent with all applicable federal, state, tribal, and local requirements,
including clearing and demolition debris, sediment removed from the site,
construction and domestic waste, hazardous or toxic waste, and sanitary waste.
ix. Application of fertilizers (see Part 2.3.5). Document any departures from the
manufacturer specifications where appropriate.
7.2.7 Procedures for Inspection, Maintenance, and Corrective Action. Describe the procedures
you will follow for maintaining your stormwater controls, conducting site inspections, and,
where necessary, taking corrective actions, in accordance with Part 2.1.4, Part 4, and
Part 5 of this permit. Also include:
a. The inspection schedule you will follow,which is based on whether your site is subject
to Part 4.2 or Part 4.3, or whether your site qualifies for any of the reduced inspection
frequencies in Part 4.4;
b. If you will be conducting inspections in accordance with the inspection schedule in
Part 4.2.2, Part 4.3, or Part 4.4.1 b, the location of the rain gauge or the address of the
weather station you will be using to obtain rainfall data;
c. If you will be reducing your inspection frequency in accordance with Part 4.4.1 b, the
beginning and ending dates of the seasonally defined and period for your area or
the valid period of drought;
d. If you will be reducing your inspection frequency in accordance with Part 4.4.3, the
beginning and ending dates of frozen conditions on your site; and
e. Any maintenance or inspection checklists or other forms that will be used.
7.2.8 Staff Training. Include documentation that the required personnel were, or will be, trained
in accordance with Part b.
7.2.9 Compliance with Other Requirements.
a. Threatened and Endangered Species Protection. Include documentation required in
Appendix D supporting your eligibility with regard to the protection of threatened
and endangered species and designated critical habitat.
b. Historic Properties. Include documentation required in Appendix E supporting your
eligibility with regard to the protection of historic properties.
c. Safe Drinking Water Act Underground Injection Control (UIC) Requirements for Certain
Subsurface Stormwater Controls. If you are using any of the following stormwater
controls at your site, document any contact you have had with the applicable state
agency59 or EPA Regional Office responsible for implementing the requirements for
underground injection wells in the Safe Drinking Water Act and EPA's implementing
58 Even if you already have an SPCC or other spill prevention plan in existence,your plans will only be
considered adequate if they meet all of the requirements of this Part, either as part of your existing plan or
supplemented as part of the SWPPP.
59 For state UIC program contacts,refer to the following EPA website: httQs://www.eoa.Qov/uic.
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regulations at 40 CFR 144-147. Such controls would generally be considered Class V
UIC wells:
i. Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or
dug hole that is deeper than its widest surface dimension, or has a subsurface
fluid distribution system);
ii. Commercially manufactured pre-cast or pre-built proprietary subsurface
detention vaults, chambers, or other devices designed to capture and infiltrate
stormwater flow; and
iii. Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any
bored, drilled, driven shaft or dug hole that is deeper than its widest surface
dimension, or has a subsurface fluid distribution system).
7.2.10 SWPPP Certification. You must sign and date your SWPPP in accordance with Appendix 1,
Part 1.11.
7.2.11 Post-Authorization Additions to the SWPPP. Once you are authorized for coverage under
this permit, you must include the following documents as part of your SWPPP:
a. A copy of your NOI submitted to EPA along with any correspondence exchanged
between you and EPA related to coverage under this permit;
b. A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID
(i.e., permit tracking number);
c. A copy of this permit (an electronic copy easily available to the stormwater team is
also acceptable).
7.3ON-SITE AVAILABILITY OF YOURS PPP
You must keep a current copy of your SWPPP at the site or at an easily accessible
location so that it can be made available at the time of an on-site inspection or upon
request by EPA; a state, tribal, or local agency approving stormwater management
plans; the operator of a storm sewer system receiving discharges from the site; or
representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine
Fisheries Service (NMFS).
EPA may provide access to portions of your SWPPP to a member of the public upon
request. Confidential Business Information (CBI) will be withheld from the public, but may
not be withheld from EPA, USFWS, or NMFS.60
If an on-site location is unavailable to keep the SWPPP when no personnel are present,
notice of the plan's location must be posted near the main entrance of your
construction site.
7.4 SWPPP MODIFICATIONS
60 Information covered by a claim of confidentiality will be disclosed by EPA only to the extent of, and by
means of, the procedures set forth in 40 CFR Part 2,Subpart B. In general,submitted information protected
by a business confidentiality claim may be disclosed to other employees,officers, or authorized
representatives of the United States concerned with implementing the CWA.The authorized
representatives,including employees of other executive branch agencies, may review CBI during the
course of reviewing draft regulations.
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7.4.1 You must modify your SWPPP, including the site map(s), within seven (7) days of any of
the following conditions:
a. Whenever new operators become active in construction activities on your site, or you
make changes to your construction plans, stormwater controls, or other activities at
your site that are no longer accurately reflected in your SWPPP.This includes changes
made in response to corrective actions triggered under Part 5. You do not need to
modify your SWPPP if the estimated dates in Part 7.2.3f change during the course of
construction;
b. To reflect areas on your site map where operational control has been transferred
(and the date of transfer) since initiating permit coverage;
c. If inspections or investigations by EPA or its authorized representatives determine that
SWPPP modifications are necessary for compliance with this permit;
d. Where EPA determines it is necessary to install and/or implement additional controls
at your site in order to meet the requirements of this permit, the following must be
included in your SWPPP:
i. A copy of any correspondence describing such measures and requirements; and
ii. A description of the controls that will be used to meet such requirements.
e. To reflect any revisions to applicable federal, state, tribal, or local requirements that
affect the stormwater controls implemented at the site; and
f. If applicable, if a change in chemical treatment systems or chemically enhanced
stormwater control is made, including use of a different treatment chemical, different
dosage rate, or different area of application.
7. .2 You must maintain records showing the dates of all SWPPP modifications.The records
must include the name of the person authorizing each change (see Part 7.2.10 above)
and a brief summary of all changes.
7.4.3 All modifications made to the SWPPP consistent with Part 7.4 must be authorized by
a person identified in Appendix I, Part 1.1 l.b.
7.4.4 Upon determining that a modification to your SWPPP is required, if there are multiple
operators covered under this permit, you must immediately notify any operators
who may be impacted by the change to the SWPPP.
8 HOW TO TERMINATE COVERAGE
Until you terminate coverage under this permit, you must comply with all conditions and
effluent limitations in the permit. To terminate permit coverage, you must submit to EPA
a complete and accurate Notice of Termination (NOT),which certifies that you have
met the requirements for terminating in Part 8.
8.1 MINIMUM INFORMATION REQUIRED IN NOT
8.1.1 NPDES ID (i.e., permit tracking number) provided by EPA when you received coverage
under this permit;
8.1.2 Basis for submission of the NOT (see Part 8.2);
8.1.3 Operator contact information;
8.1.4 Name of site and address (or a description of location if no street address is available),
and
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8.1.5 NOT certification.
8.2 CONDITIONS FOR TERMINATING CGP COVERAGE
You must terminate CGP coverage only if one or more of the following conditions has
occurred:
.2.1 You have completed all construction activities at your site and, if applicable,
construction support activities covered by this permit (see Part 1.2.1 c), and you have met
the following requirements:
a. For any areas that (1) were disturbed during construction, (2) are not covered over
by permanent structures, and (3) over which you had control during the construction
activities, you have met the requirements for final vegetative or non-vegetative
stabilization in Part 2.2.14b;
b. You have removed and properly disposed of all construction materials,waste and
waste handling devices, and have removed all equipment and vehicles that were
used during construction, unless intended for long-term use following your termination
of permit coverage;
c. You have removed all stormwater controls that were installed and maintained during
construction, except those that are intended for long-term use following your
termination of permit coverage or those that are biodegradable; and
d. You have removed all potential pollutants and pollutant-generating activities
associated with construction, unless needed for long-term use following your
termination of permit coverage; or
8.2.2 You have transferred control of all areas of the site for which you are responsible under
this permit to another operator, and that operator has submitted an NOI and obtained
coverage under this permit; or
.2.3 Coverage under an individual or alternative general NPDES permit has been obtained.
8.3 HOW TO SUBMIT YOUR NOT
You must use EPA's NPDES eReporting Tool (NeT) to electronically prepare and submit
your NOT for the 2017 CGP.
To access NeT, go to https://vyww.erpo.gDvin des storrnwater-discharges-
construction-activities#erer�ortiri �.
Waivers from electronic reporting may be granted as specified in Part 1.4.1. If the EPA
Regional Office grants you approval to use a paper NOT, and you elect to use it, you
must complete the form in Appendix K.
8.4 DEADLINE FOR SUBMITTING THE NOT
You must submit your NOT within 30 calendar days after any one of the conditions in Part
8.2 occurs.
8.5 EFFECTIVE DATE OF TERMINATION OF COVERAGE
Your authorization to discharge under this permit terminates at midnight of the calendar
day that a complete NOT is submitted to EPA.
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9 PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR
TERRITORIES
The provisions in this Part provide modifications or additions to the applicable conditions
of this permit to reflect specific additional conditions required as part of the state or tribal
CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA)
certification process, or as otherwise established by the permitting authority. The specific
additional revisions and requirements only apply to activities in those specific states,
Indian country, and areas in certain states subject to construction projects by Federal
Operators. States, Indian country, and areas subject to construction by Federal
Operators not included in this Part do not have any modifications or additions to the
applicable conditions of this permit.
9.1 EPA Region 1
9.1.1 NHR100000 State of New Hampshire
a. If you disturb 100,000 square feet or more of contiguous area, you must also apply
for an Alteration of Terrain (AoT) permit from DES pursuant to RSA 485-A:17 and
Env-Wq 1500.This requirement also applies to a lower disturbance threshold of
50,000 square feet or more when construction occurs within the protected
shoreline under the Shoreland Water Quality Protection Act (see RSA 483-8 and
Env-Wq 1400). A permit application must also be filed if your project disturbs an
area of greater than 2,500 square feet, is within 50 feet of any surface water, and
has a flow path of 50 feet or longer disturbing a grade of 25 percent or greater.
Project sites with disturbances smaller than those discussed above, that have the
potential to adversely affect state surface waters, are subject to the conditions of
an AoT General Permit by Rule.
b. You must determine that any excavation dewatering discharges are not
contaminated before they will be authorized as an allowable non-stormwater
discharge under this permit (see Part 1.2.2).The water is considered
uncontaminated if there is no groundwater contamination within 1,000 feet of the
groundwater dewatering location. Information on groundwater contamination
can be generated over the Internet via the NHDES web site htto://des.nh.gov/ by
using the One Stop Data Mapper at httID://des.nh.ciov/onestoQ/ iq s.htm. If it is
determined that the groundwater to be dewatered is near a remediation or other
waste site you must apply for the Remediation General Permit (see
hi-tos://www3.ego.gov/reQionl/nodes/rgp.html.)
c. You must treat any uncontaminated excavation dewatering discharges as
necessary to remove suspended solids and turbidity. The discharges must be
sampled at least once per week during weeks when discharges occur.Samples
must be analyzed for total suspended solids (TSS) or turbidity and must meet
monthly average and daily maximum limits of 50 milligrams per liter (mg/L) and 100
mg/L, respectively for TSS or 33 mg/I and 67 mg/l, respectively for turbidity. TSS
(a.k.a. Residue, Nonfilterable) or turbidity sampling and analysis must be performed
in accordance with Tables IB and II in 40 CFR 136.3 (htto://www.ecfr.govZcci-
bin text-
id)<?SID=0243e3c4283cbd7d8257eb6afc7ce9a2&mc=true&node=se40.25.136 13&r
gn=div8). Records of any sampling and analysis must be maintained and kept with
the SWPPP for at least three years after final site stabilization.
d. Construction site owners and operators must consider opportunities for post-
construction groundwater recharge using infiltration best management practices
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2017 Construction General Permit (CGP) (as modified)
(BMPs) during site design and preparation of the SWPPP. If your construction site is
in a town that is required to obtain coverage under the NPDES General Permit for
discharges from Municipal Separate Storm Sewer Systems (MS4) you may be
required to use such practices. The SWPPP must include a description of any on-site
infiltration that will be installed as a post-construction stormwater management
measure or reasons for not employing such measures such as 1) The facility is
located in a wellhead protection area as defined in RSA 485-C:2; or 2) The facility
is located in an area where groundwater has been reclassified to GAA, GAI or GA2
pursuant to RSA 485-C and Env-DW 901; or 3) Any areas that would be exempt
from the groundwater recharge requirements contained in Env-Wq 1507.04,
including all land uses or activities considered to be a "High-load Area" (see Env-
Wq 1502.30). For design considerations for infiltration measures see Env-Wq 1508.06.
e. Appendix F contains a list of Tier 2, or high quality waters. Although there is no
official list of tier 2 waters, it can be assumed that all NH surface waters are tier 2 for
turbidity unless 1) the surface water that you are proposing to discharge into is
listed as impaired for turbidity in the states listing of impaired waters (see Surface
Water Quality- Watershed Report Cards at
http://des.nh.aov/organization/divisions/waterZwmb/swga/report cards.htm) or 2)
sampling upstream of the proposed discharge location shows turbidity values
greater than 10 NTU. A single grab sample collected during dry weather (no
precipitation within 48 hours) is acceptable.
f. To ensure compliance with RSA 485-C, RSA 485-A, RSA 485-A:13, 1(a), Env-Wq 1700
and Env-Wq 302, the following information may be requested by NHDES. This
information must be kept on site unless you receive a written request from NHDES
that it be sent to the address shown in Part 9.1.4 (g).
i. A site map required in Part 7.2.4, showing the type and location of all post-
construction infiltration BMPs utilized at the facility or the reason(s) why none
were installed;
ii. A list of all non-stormwater discharges that occur at the facility, including
their source locations and the control measures being used (see Part 1.2.2).
iii. Records of sampling and analysis of TSS required for construction
dewatering discharges (see Part 9.1.4 (c)).
g. All required or requested documents must be sent to:
NH Department of Environmental Services, Wastewater Engineering Bureau,
Permits & Compliance Section
P.O. Box 95
Concord, NH 03302-0095
9.1.2 VT 10F000 Areas in the State of Vermont subject to construction by a Federal
Operator
a. Earth disturbance at any one time is limited to five acres.
b. All areas of earth disturbance must have temporary or final stabilization within 14
days of the initial disturbance. After this time, disturbed areas must be temporarily
or permanently stabilized in advance of any runoff producing event. A runoff
producing event is an event that produces runoff from the construction site.
Temporary stabilization is not required if the work is occurring in a self-contained
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2017 Construction General Permit (CGP) (as modified)
excavation (i.e. no outlet) with a depth of two feet or greater (e.g. house.
foundation excavation, utility trenches). Areas of a construction site that drain to
sediment basins are not considered eligible for this exemption, and the exemption
applies only to the excavated area itself.
c. The use of the cationic polymers is prohibited unless approved under a site-specific
plan.
d. Site inspections on active construction sites shall be conducted daily during the
period from October 15-April 15.
e. Any applicant under EPA's CGP shall allow authorized Agency representatives, at
reasonable times and upon presentation of credentials, to enter upon the project
site for purposes of inspecting the project and determining compliance with this
Certification.
f. The Agency may reopen and alter or amend the conditions of this Certification
over the life of the project when such action is necessary to assure compliance
with the VWQS.
9.2 EPA Region 3
9.2.1 DCR100000 District of Columbia
a. The permittee must comply with the District of Columbia Water Pollution Control
Act of 1984, as amended, (D.C. Official Code § 8-103.01 et seq.) and its
implementing regulations in Title 21, Chapters 11 and 19 of the District of Columbia
Municipal Regulations. Nothing in this permit will be construed to preclude the
institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties established pursuant to District of Columbia laws and
regulations.
b. The permittee must comply with the District of Columbia Stormwater Management,
and Soil Erosion and Sediment Control in Chapter 5 of Title 21 of the District of
Columbia Municipal Regulations.
c. The permittee must comply with District of Columbia Flood Management control in
Chapter 31 of Title 20 of the District of Columbia Municipal Regulations.
d. The Department may request a copy of the Stormwater Pollution Prevention Plan
(SWPPP) and the permittee is required to submit the SWPPP to the Department
within 14 days of such request. The Department may conduct an inspection of any
facility covered by this permit to ensure compliance with District's law
requirements, including water quality standards. The Department may enforce its
certification conditions.
e. The Department may require the permittee to perform water quality monitoring
during the permit term if monitoring is necessary for the protection of public health
or the environment as designated under the authority in Chapter 19 of Title 21 of
the District of Columbia Municipal Regulations.
f. The Department may require the permittee to provide measurable verification of
the effectiveness of Best Management Practices (BMPs) and other control
measures used in the Stormwater management program, including water quality
monitoring.
g. The Department has determined that compliance with this permit does not protect
the permittee from enforcement actions deemed necessary by the Department
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2017 Construction General Permit (CGP) (as modified)
under its associated regulations to address an imminent threat to public health or a
significant adverse environmental impact which results in a violation of the District
of Columbia Water Pollution Control Act of 1984, as amended, (D.C. Official Code
§ 8-103.01 et seq.) and its implementing regulations.
h. The Department reserves the right to modify this Section 401 Water Quality
Certification if any changes, modifications, or deletions are made to this general
permit. In addition, the Department reserves the right to add and/or alter the
terms and conditions of this Section 401 Water Quality Certification to carry out its
responsibilities during the term of this general permit with respect to water quality,
including any revisions to District of Columbia Water Quality Standards in Chapter
1 1 of Title 21 of the District of Columbia Municipal Regulations.
i. Should any violation of the District's Water Quality Standards, or the conditions of
this Section 401 Water Quality Certification occur, the Department will direct the
permittee to correct the violation(s). The Department has the right to take any
action as authorized by the District laws and regulations to address the violations of
this permit or the Water Pollution Control Act and implementing regulations.
Substantial civil and criminal penalties are authorized for discharging into District
waters in violation of an order or permit issued by the Department.This Section 401
Water Quality Certification does not relieve the permittee of the duty to comply
with other applicable District's statutes and regulations.
j. The permittee must submit copies of Notice of Intent (NOI) and Notice of
Termination to DOEE at the some time these documents are submitted to EPA.
k. The permittee shall allow DOEE to inspect any facilities, equipment, practices, or
operations regulated or required under this permit and to access records
maintained under the conditions of this permit.
I. All required or requested documents shall be signed and sent to the: Department
of Energy & Environment, 1200 First Street, N.E., 5th Floor, Washington, DC 20002,
Attention: Associate Director, Inspection and Enforcement Division.
9.2.2 DE10F000 Areas in the State of Delaware subject to construction by a Federal
Operator
a. Federal agencies engaging in construction activities must submit, to DNREC, a
sediment and stormwater management (S&S) plan and obtain approval from
DNREC in accordance with 7 Del. C. §4010, 7 DE Admin. Code 5101, and 7 DE
Admin. Code 7201.
b. Federal agencies engaging in construction activities must provide for construction
review by a certified construction reviewer in accordance with 7 Del. C. §§4010 &
4013 and 7 DE Admin. Code 5101, subsection 6.1.6.
c. Federal agencies engaging in construction activities must certify that all
responsible personnel involved in the construction project will have attended the
blue card training prior to initiation of any land disturbing activity-see 7 Del. C. §§
4002 & 4014 and 7 DE Admin. Code 5101.
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2Ol7 Construction | Permit (CGP) (as modified)
9.3 EPA Region
9.3.1 K8NR1011008 Indian country within the State of Minnesota
9.3.1] Fond du Lac Band xfLake Superior Chippewa. The following conditions apply only to
discharges on the Fond du Lac Band of Lake Superior Chippewa Reservation:
o. A copy of the StormwoterPollution Prevention Plan (SVVPPP) must be submitted to
the Office of Water Protection at least fifteen (15) days in advance of sending the
Notice of Intent (NOI) to EPA.The SWPPF` can be submitted electronically to
orbyhordcopy sent to:
Fond du Lac Reservation
Office of Water Protection
l72O Big Lake Road
Cloquet, MIN 5572O
CGP applicants are encouraged to work with the FDL Office of Water Protection in
the identification of all proposed receiving.
b. Copies of the Notice of Intent (N(]|) and the Notice of Termination (NOT) mud be
sent to the Fond du Lac Office of Water Protection at the same time they are
submitted foEPA.
c The turbidity limit shall NOT exceed 10% of natural background within the receiving
vvotar(s) as determined by Office of Water Protection staff.
d. Turbidity sampling must take place within 24 hours of 1/2-inch mr greater rainfall
event. The results of the sampling must be reported to the Office of Water
Protection within 7 days of the sample collection. All sample reporting must include
the date and time, location /GPS: UTM/Zunol5>' and NTU. CGP applicants are
encouraged to work with the Office of Water Protection in determining the most
appropriate location(s) for sampling.
e. Receiving waters with open water must be sampled for turbidity prior to any
authorized discharge as determined by Office of Water Protection staff. This
requirement only applies to receiving waters in which no ambient turbidity data
exists.
f. This Certification does not pertain tn any new discharge toOutstanding
Reservation Resource Waters (ORRW) as described in §105 b.3. of the Fond du Lac
Water Quality Standards (Ordinance #12/98, as amended). Although additional
waters may be designated in the future, currently Perch Lake, Rice Portage Lake,
Miller Lake, [)eodfish Lake, and jVskoh Lake are designated as {}RRWb. New
dischargers wishing to discharge to an ORRW must obtain an individual permit from
EPA for stormwater discharges from large and small construction activities.
g. All work shall be carried out in such o manner oswill prevent violations of water
quality criteria as stated in the Water Quality Standards of the Fond duLac
Reservation, Ordinance 12/98, as amended.This includes, but is not limited to, the
prevention of any discharge that causes a condition in which visible solids, bottom
deposits, or turbidity impairs the usefulness of water of the Fond du Lac Reservation
for any ofthe uses designated in the Water Quality Standards of the Fond du Lac
Reservation. These uses include wildlife, aquatic life,warm water fisheries, cold
water fisheries, subsistence fishing (net|ing)' primary contact recreation, secondary
Poge39
2017 Construction General Permit (CGP) (as modified)
contact recreation, cultural, wild rice areas, aesthetic waters, agriculture,
navigation, and commercial.
h. Appropriate steps shall be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering waters of the Fond du Lac
Reservation. All spills must be reported to the appropriate emergency
management agency (National Response Center AND the State Duty Officer), and
measures shall be taken immediately to prevent the pollution of waters of the Fond
du Lac Reservation, including groundwater.The Fond du Lac Office of Water
Protection must also be notified immediately of any spill regardless of size.
i. This certification does not authorize impacts to cultural, historical, or archeological
features or sites, or properties that may be eligible for such listing.
9.3.1.2 Grand Portage Band of Lake Superior Chippewa. The following conditions apply only to
discharges on the Grand Portage Band of Lake Superior Chippewa Reservation:
a. The CGP authorization is for construction activities that may occur within the
exterior boundaries of the Grand Portage Reservation in accordance to the Grand
Portage Land Use Ordinance.The CGP regulates stormwater discharges
associated with construction sites of one acre or more in size. Only those activities
specifically authorized by the CGP are authorized by this certification (the
"Certification"). This Certification does not authorize impacts to cultural, historical,
or archeological features or sites, or properties that may be eligible for listing as
such.
b. All construction stormwater discharges authorized by the CGP must comply with
the Water Quality Standards and Water Resources Ordinance, as well as
Applicable Federal Standards (as defined in the Water Resources Ordinance). As
such, appropriate steps must be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering the Waters of the Reservation (as
defined in the Water Resources Ordinance). All spills must be reported to the
appropriate emergency-management agency, and measures must be taken to
prevent the pollution of the Waters of the Reservation, including groundwater.
c. The 2017 CGP requires inspections and monitoring reports of the construction site
stormwater discharges by a qualified person. Monitoring and inspection reports
must comply with the minimum requirements contained in the 2017 CGP.The
monitoring plan must be prepared and incorporated into the Stormwater Pollution
Prevention Plan (the "SWPPP"). A copy of the SWPPP must be submitted to the
Board at least 30 days in advance of sending the requisite Notice of Intent to EPA.
The SWPPP should be sent to:
Grand Portage Environmental Resources Board
P.O. Box 428
Grand Portage, MN 55605
Copies of the Notice of Intent and Notice of Termination required under the CGP
must be submitted to the Board at the address above at the some time they are
submitted to the EPA.
d. If requested by the Grand Portage Environmental Department, the permittee must
provide additional information necessary for a case-by-case eligibility
determination to assure compliance with the Water Quality Standards and any
Applicable Federal Standards.
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2017 Construction General Permit (CGP) (as modified)
e. Discharges that the Board has determined to be or that may reasonably be
expected to be contributing to a violation of Water Quality Standards or
Applicable Federal Standards are not authorized by this Certification.
f. The Board retains full authority provided by the Water Resources Ordinance to
ensure compliance with and to enforce the provisions of the Water Resource
Ordinance and Water Quality Standards, Applicable Federal Standards, and these
Certification conditions.
g. Appeals related to Board actions taken in accordance with any of the preceding
conditions may be heard by the Grand Portage Tribal Court.
9.3.2 WIR101000 Indian country within the State of Wisconsin, except the Sokaogon
Chippewa (Mole Lake) Community
9.3.2.1 Bad River Band of Lake Superior Tribe of Chippewa Indians: The following conditions
apply only to discharges on the Bad River Band of the Lake Superior Tribe of Chippewa
Indians Reservation:
a. Only those activities specifically authorized by the CGP are authorized by this
Certification. This Certification does not authorize impacts to cultural properties, or
historical sites, or properties that may be eligible for listing as such.61.62
b. All projects which are eligible for coverage under the CGP and are located within
the exterior boundaries of the Bad River Reservation shall be implemented in such
a manner that is consistent with the Tribe's Water Quality Standards (WQS) in order
to protect Reservations waters that may be impacted by stormwater discharge
including embankments, outlets, adjacent streambanks,slopes, and downstream
waters.63
c. Operators are not eligible to obtain authorization under the CGP for all new
discharges to an Outstanding Tribal Resource Water (or Tier 3 water).64 Outstanding
Tribal Resource Waters, or Tier 3 waters, include the following: Kakagon Slough and
the lower wetland reaches of its tributaries that support wild rice, Kakagon River,
Bad River Slough, Honest John Lake, Bog Lake, a portion of Bad River, from where it
enters the Reservation through the confluence with the White River, and Potato
River.6s
d. An operator proposing to discharge to an Outstanding Resource Water (or Tier 2.5
water) under the CGP must comply with the antidegradation provisions of the
Tribe's WQS. Outstanding Resource Waters, or Tier 2.5 waters, include the following:
a portion of Bad River, from downstream the confluence with the White River to
Lake Superior, White River, Marengo River, Graveyard Creek, Bear Trap Creek,
Wood Creek, Brunsweiler River,Tyler Forks, Bell Creek, and Vaughn Creek.66 The
antidegradation demonstration materials described in provision E.4.iii. must be
submitted to the following address:
6' Bad River Band of Lake Superior Tribe of Chippewa Indians Water Quality Standards adopted by
Resolution No. 7-6-11-441 (hereafter,Tribe's WQS).
62 36 C.F.R. § 800.16(1)(2).
63 See footnote 61.
64 Tribe's WQS:See provisions E.3.ii. and E.4.iv.
65 Tribe's WQS:See provision E.2.iii.
66 Tribe's WQS:See provision E.2.ii.
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2017 Construction General Permit (CGP) (as modified)
Bad River Tribe's Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
e. An operator proposing to discharge to an Exceptional Resource Water (or Tier 2
water) under the CGP must comply with the antidegradation provisions of the
Tribe's WQS. Exceptional Resource Waters, or Tier 2 waters, include the following:
any surface water within the exterior boundaries of the Reservation that is not
specifically classified as an Outstanding Resource Water (Tier 2.5 water) or an
Outstanding Tribal Resource Water (Tier 3 water).67 The antidegradation
demonstration materials described in provision E.4.ii. must be submitted to the
following address:
Bad River Tribe's Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
f. Projects utilizing cationic treatment chemicals68 within the Bad River Reservation
boundaries are not eligible for coverage under the CGP.69
g. A discharge to a surface water within the Bad River Reservation boundaries shall
not cause or contribute to an exceedance of the turbidity criterion included in the
Tribe's WQS, which states: Turbidity shall not exceed 5 NTU over natural background
turbidity when the background turbidity is 50 NTU or less, or turbidity shall not
increase more than 10%when the background turbidity is more than 50 NTU.70
h. All projects which are eligible for coverage under the CGP within the exterior
boundaries of the Bad River Reservation must comply with the Bad River
Reservation Wetland and Watercourse Protection Ordinance, or Chapter 323 of
the Bad River Tribal Ordinances, including the erosion and sedimentation control,
natural buffer, and stabilization requirements. Questions regarding Chapter 323
and requests for permit applications can be directed to the Wetlands Specialist in
the Tribe's Natural Resources Department at (715) 682-7123 or wetlonds@ bad river-
nsnTaov.
i. An operator of a project,which is eligible for coverage under the CGP, that would
result in an allowable discharge under the CGP occurring within the exterior
boundaries of the Bad River Reservation must notify the Tribe prior to the
commencing earth-disturbing activities.71-72 The operator must submit a copy of
the Notice of Intent (NOI) to the following addresses at the same time it is
submitted to the U.S. EPA:
67 Tribe's WQS:See provision E.2.i.
68 See definition of cationic treatment chemicals in Appendix A of the CGP.
69 Tribe's WQS:See provisions E.6.ii.a. and E.6.4.c.
70 Tribe's WQS:See provision E.7.iii.
71 See footnote 61.
72 See footnote 62.
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2017 Construction General Permit (CGP) (as modified)
Bad River Tribe's Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
Bad River Tribe's Natural Resources Department
Attn:Tribal Historic Preservation Officer (THPO)
P.O. Box 39
Odanah, WI 54861
The operator must also submit a copy of the Notice of Termination (NOT) to the
above addresses at the some time it is submitted to the U.S. EPA.
j. The Tribal Historic Preservation Officer (THPO) must be provided 30 days to
comment on the project.73
k. The operator must obtain THPO concurrence in writing. This written concurrence will
outline measures to be taken to prevent or mitigate effects to historic properties.
For more information regarding the specifics of the cultural resources process, see
36 CFR Part 800. A best practice for an operator is to consult with the THPO during
the planning stages of an undertaking.74
I. An operator of a project, which is eligible for coverage under the CGP, that would
result in an allowable discharge under the CGP occurring within the exterior
boundaries of the Bad River Reservation must submit a copy of the Stormwater
Pollution Prevention Plan (SWPPP) to the following address at the some time as
submitting the NOI:75
Bad River Tribe's Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
m. Any corrective action reports that are required under the CGP must be submitted
to the following address within one (1) working day of the report completion:76
Bad River Tribe's Natural Resources Department
P.O. Box 39
Odanah, WI 54861
n. An operator shall be responsible for meeting any additional permit requirements
imposed by the U.S. EPA necessary to comply with the Tribe's antidegradation
policies if the discharge point is located upstream of waters designated by the
Tribe.77
73 36 C.F.R. § 800.3(c)(4).
74 36 C.F.R. § 800.3(b).
75 See footnote 61.
76 See footnote 61.
77 See footnote 61.
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2017 Construction General Permit (CGP) (as modified)
922.2 Lac du Flambeau Band of Lake Superior Tribe of Chippewa Indians: The following
conditions apply only to discharges on the Lac du Flambeau Band of the Lake Superior
Tribe of Chippewa Indians Reservation:
a. /\ copy of the Stonnvvoter Pollution Prevention Plan must be submitted tothe
following office' for the Troivo| environmental review process' at least thirty (30)
days in advance of sending the Notice of Intent (N[)|) toEPA:
Lac duFlambeau
Tribal Land Management
P.O. Box279
Lac du Flambeau, YV| 54538
CGP applicants are encouraged towork with the LdF Water Resources Program in
the identification of all proposed receiving waters.
b. Copies of the NO| and the Notice of Termination /N[)T> must be sent to the LdF
Water Resources Program ot the same time they are submitted toEPA.
c All work shall be carried out in such n manner oswill prevent violations of water
quality criteria as stated in the Water Quality Standards of the Lac du Flambeau
Reservation. This includes, but is not limited to, the prevention of any discharge that
cause o condition in which visible solids, bottom deposits, or turbidity impairs the
usefulness of water ofthe Lac du Flambeau Reservation for any of the uses
designated in the Water Quality Standards of the Lac du Flambeau Reservation.
d. Appropriate steps shall be taken to ensure that petroleum products orother
chemical pollutants are prevented from entering waters of the Lac du Flambeau
Reservation. All spills must be reported to the appropriate emergency
management agency, and measures shall he taken immediately to prevent the
pollution of waters of the Lac du Flambeau reservation, including groundwater.
e. This certification does not authorize impacts to cultural, historical, or archeological
features or sties, or properties that may be eligible for such listing.
f. Due to the significant ecological and cultural importance of the Lac du Flambeau
Reservation, any operator requesting a permit for o point source discharge of
pollutants (i.e., discharge) associated with the Stonnwater Discharge will need o
stormvvotorpoUution prevention plan in place that does not violate Lac du
Flambeau Water Quality Standards to protect Reservation Waters.
9.4 EPA Region 6
9.4.1 NMR100000 State of New Mexico, except Indian country
o. If construction devvn1ehnQ activities are anticipated utosite, permiftensmust
complete the following steps:
i. Investigative information must be documented in the facility SVVPPP.
ii. Refer to the GYYQ8 Mapper ot AND
the PSTB Mapper (Go Mapper) othttps://gis.web.env.nm.gov/8oNM/
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2017 Construction General Permit (CGP) (as modified)
and check if the following sources are located within the noted distance
from your anticipated construct site groundwater dewatering activity:
Project Location Relative to a Source of Constituents likely to be required for
Potential Groundwater Contamination testing
Within 0.5 mile of an open Leaking BTEX (Benzene, Toluene, Ethylbenzene,
Underground Storage Tank (LUST) site and Xylene) plus additional parameters
depending on site conditions.*
Within 0.5 mile of an open Voluntary All parameters listed in Appendix A (or
Remediation site an alternate list approved by the NMED
Within 0.5 mile of an open RCRA SWQB)**
Corrective Action Site
Within 0.5 mile of an open Abatement
Site
Within 0.5 mile of an open Brownfield Site
Within 1.0 mile or more of a Superfund
site or National Priorities List (NPL) site with
associated groundwater contamination.
*For further assistance determining whether dewatering may encounter
impacted groundwater, the permittee may contact the NMED Ground Water
Quality Bureau at: 505-827-2965.
**EPA approved-sufficiently sensitive methods must be used-approved methods
are listed in 40 CFR Part 136.3.
ii. Indicate on the NOI that dewatering activities are anticipated. Provide
information on flow and potential to encounter impacted groundwater.
iii. Permittee must test the quality of the groundwater according to the chart
above. Hardness and pH must also be measured.
iv. Permittee must send test result data to EPA Region 6 and the NMED
Surface Water Quality Bureau. If the test data exceed standards, it cannot
be discharged from the construction site into surface waters under this
permit. Discharge to surface waters must be conducted under a separate
NPDES individual permit to ensure proper treatment and disposal.
V. If disposal will be to the ground surface or in an unlined pond, the
permittee must submit an NO/to the NMED Ground Water Quality Bureau.
b. Operators are not eligible to obtain authorization under this permit for all new and
existing storm water discharges to outstanding national resource waters (ONRWs)
(also referred to as"Tier 3"waters.)
c. Operators who intend to obtain authorization under this permit for new and existing
storm water discharges from construction sites must satisfy the following condition:
i. The SWPPP must include site-specific interim and permanent stabilization,
managerial, and structural solids, erosion and sediment control best
management practices (BMPs) and/or other controls that are designed to
prevent to the maximum extent practicable an increase in the sediment
yield and flow velocity from pre-construction, pre-development conditions
to assure that applicable standards in 20.6.4.NMAC, including the
antidegradation policy, or TMDL waste load allocations (WLAs) are met.
This requirement applies to discharges both during construction and after
construction operations have been completed. The SWPPP must identify
Page 45
2017 Construction General Permit (CGP) (as modified)
and document the rationale for selecting these BMPs and/or other
controls.The SWPPP must also describe design specifications, construction
specifications, maintenance schedules (including a long term
maintenance plan), criteria for inspections, and expected performance
and longevity of these BMPs. For sites greater than 5 acres in size, BMP
selection must be made based on the use of appropriate soil loss
prediction models (i.e. SEDCAD, RUSLE, SEDIMOT, MULTISED, etc.) OR
equivalent generally accepted (by professional erosion control specialists)
soil loss prediction tools.
ii. For all sites, the operator(s) must demonstrate, and include
documentation in the SWPPP, that implementation of the site-specific
practices will assure that the applicable standards or TMDL WLAs are met,
and will result in sediment yields and flow velocities that, to the maximum
extent practicable,will not be greater than the sediment yield levels and
flow velocities from preconstruction, pre-development conditions.
iii. All SWPPPs must be prepared in accordance with good engineering
practices by qualified (e.g. CPESC certified, engineers with appropriate
training) erosion control specialists familiar with the use of soil loss
prediction models and design of erosion and sediment control systems
based on these models (or equivalent soil loss prediction tools).
Qualifications of the preparer (e.g., professional certifications, description
of appropriate training) must be documented in the SWPPP.The
operator(s) must design, implement, and maintain BMPs in the manner
specified in the SWPPP.
d. Permittees can call 505-827-9329 for emergencies at any time and 505-476-6000 for
non-emergencies during business hours from 5am-5pm, Monday through Friday.
9.4.2 NM101000 Indian country within the State of New Mexico, except Navajo Reservation
Lands that are covered under Arizona permit AZR101000 and Ute Mountain Reservation
Lands that are covered under Colorado permit COR101000.
9. .2.1 Pueblo of Isleta. The following conditions apply only to discharges on the Pueblo of
Isleta Reservation:
a. CGP at 1.3 Prohibited discharges: Stormwater discharges associated with
construction activity that EPA or the Pueblo of Isleta, prior to authorization under
this perm it, determines will cause, have the reasonable potential to cause, or may
reasonably be expected to contribute to a violation or excursion of any applicable
water quality standard, including the antidegradation policy, or the impairment of
a designated use of receiving waters are not authorized by this permit.
b. CGP at 1.4.1 How to Submit Your NOI:The operator shall provide a copy of the
Notice of Intent ("NOI") to the Pueblo of Isleta at the same time it is submitted to the
U.S. Environmental Protection Agency, for projects occurring within the exterior
boundaries of the Pueblo of Isleta.The operator shall also notify the Pueblo of Isleta
when it has submitted the Notice of Termination ("NOT").The NOI and NOT shall be
sent to the Pueblo of Isleta at the following address:
Water Quality Control Officer
Pueblo of Isleta
Environment Department
PO Box 1270
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2017 Construction General Permit (CGP) (as modified)
Isleta, NM 87022
(505) 869-9819
E-mail: PO136871 @islefogueblo.com
Overnight/Express Mail Delivery
Pueblo of Isleta
Environment Department
6 Sagebrush St.
Albuquerque, NM 87105
c. CGP at 1.5 Requirement to post a notice of your permit coverage: Amend to
read: "You must post a sign or other notice of your permit coverage at a safe,
publicly accessible location in close proximity to the construction site. The notice
must be located so that it is visible from the public road or tribal road that is
nearest to the active part of the construction site..."
d. CGP at 7.2.6 Description of stormwater controls: The SWPPP will be considered to
be incomplete if the operator has not coordinated requirements under this Part
with the Pueblo of Isleta Environment Department.
e. CGP 1.12.6.1 at pg.1-6 of 8. The Pueblo of Isleta requests notification within 10 hours
(rather than 24 hrs.) if health or the environment become endangered.
f. CGP at 1.12.2 Anticipated noncompliance: Amend to read: "You must give
advance notice to EPA and the Pueblo of Isleta at the address indicated in
1.4.1 (a) of any planned changes in the permitted facility or activity which may
results in noncompliance with permit requirements."
g. CGP at 1.12.6.1: Any noncompliance for projects within the exterior boundaries of
the Pueblo of Isleta which may endanger health or the environment shall be
reported directly to the EPA Regional Office [(see contacts at https://www2.e
pa.gov/national-pollutant-discharge-elimination-system-npdes/contact-us-
stormwater#regional)I and to the Pueblo of Isleta Water Quality Control Officer.
Any information must be provided orally with n 12 hours of the time you become
aware of the circumstances. Other requirements of this Part for a written
submission apply. Electronic communication (E-mail) shall be provided as soon as
practical. Verbal notice shall be provided to:
Water Quality Control Officer
Pueblo of Isleta
E-mail: PO136871 @isletapueblo.com
(505) 869-9819
(505) 917-8346 mobile
(505) 869-3030 Police Dispatch
h. CGP at 2.2 Erosion and sediment control requirements: Erosion and sediment
controls shall be designed to retain sediment on-site.
i. CGP at 2.2 Under Sediment control requirements,Standard Permit Condition Duty
to Mitigate Volumes of sediment at or over (five) 5 cubic yards must be removed
and placed for disposal within a tribally approved sediment Disposal Site, located
on Pueblo of Isleta lands. CGP 2.2 at pg. 8.
j. Under Minimize erosion, a permittee must secure permission from the Pueblo or
affected Pueblo of Isleta land assignment owner if a dissipation device needs to
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2017 Construction General Permit (CGP) (as modified)
be placed up- or down- elevation of a given construction site. CGP 2.2.11 at pg.
H.
k. CGP at 2.3.6 Emergency spill notification requirements: You must notify the Pueblo
of Isleta Water Quality Control Officer and National Response Center (NRC) [at
(800) 424-8802 or, in the Washington, DC metropolitan area, call (202) 267-2675 in
accordance with the requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302] as
soon as you have knowledge of the release. Verbal and electronic notice shall be
provided as specified in 1.12.6.1
I. CGP at C.3 Equivalent analysis waiver: Parties wishing to apply for an Equivalent
Analysis Waiver (see Appendix D, Section C) must provide a copy of the waiver
analysis to the Pueblo of Isleta Water Quality Control Officer at the address
indicated in 1.4.1 (a).
9. .2.2 Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of
Sandia Reservation:
a. Only those activities specifically authorized by the CGP are authorized by the
Pueblo of Sandia's Water Quality certification.The Pueblo of Sandia's Water
Quality Certification does not authorize impact to cultural properties, historical
sites or properties that may be eligible as such.
b. Copies of all Notices of Intent (NOI) submitted to the EPA must also be sent
concurrently to the Pueblo of Sandia at the following address. Discharges are not
authorized by this permit unless an accurate and complete NOI has been
submitted to the Pueblo of Sandia, either by mail or electronically.
Regular U.S. Delivery Mail:
Pueblo of Sandia Environment Department
Attention: Scott Bulgrin, Water Quality Manager
481 Sandia Loop
Bernalillo, New Mexico 87004
Electronically:
sbulgrin@sandiapueblo.nsn.us
c. Any correspondences between the applicant and EPA related to analytical
data,written reports, corrective action, enforcement, monitoring, or an adverse
incident written reports should likewise be routed to the Pueblo of Sandia at the
above address.
d. The Stormwater Pollution Prevention Plan (SWPPP) must be available to the Pueblo
of Sandia Environment Department either electronically or hard copy upon request
for review.The SWPPP must be made available at least fourteen (14) days before
construction begins.The fourteen (14) day period will give Pueblo staff time to
become familiar with the project site, prepare for construction site inspections, and
determine compliance with the Pueblo of Sandia Water Quality Standards. Failure
to provide a SWPPP to the Pueblo of Sandia may result in the delay or denial of the
construction project.
e. If requested by the Pueblo of Sandia Environment Department, the permittee must
provide additional information necessary for a case-by-case eligibility
determination to assure compliance with the Pueblo of Sandia Water Quality
Standards and/or applicable Federal Standards not authorized by this certification.
f. An "Authorization to Proceed Letter"with site specific mitigation requirements may
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2017 Construction General Permit (CGP) (as modified)
be sent out to the permittee when a review of the NOI and SWPPP, on a case- by-
case basis is completed by the Pueblo of Sandia Environment Department.This
approval will allow the application to proceed if all mitigation requirements are
met.
g. The Pueblo of Sandia will not allow Small construction Waivers (Appendix C) or the
Rainfall Erosivity Waiver (Appendix C.1) to be granted for any small construction
activities.
h. Before submitting a Notice of Termination (NOT) to the EPA, permittees must clearly
demonstrate to the Pueblo of Sandia Environment Department through a site visit
or documentation that requirements for site stabilization have been met and any
temporary erosion control structures have been removed. A short letter stating the
NOT is acceptable and all requirements have been met will be sent to the
permittee to add to the permittee's NOT submission to EPA.
i. Copies of all NOT submitted to the EPA must also be sent concurrently to the
Pueblo of Sandia through the mail or electronically.
Regular U.S. Delivery Mail:
Pueblo of Sandia Environment Department
Attention: Scott Bulgrin, Water Quality Manager
481 Sandia Loop
Bernalillo, New Mexico 87004
Electronically:
sbulgrin@sandiapueblo.nsn.us
j. The Pueblo of Sandia may require the permittee to perform water quality
monitoring for pH, turbidity, and total suspended solids (TSS) during the permit term
if the discharge is to a surface water leading to the Rio Grande for the protection
of public health and the environment.
9.4.2.3 Pueblo of Santa Ana.The following conditions apply only to discharges on the Pueblo
of Santa Ana Reservation:
a. The permittee shall provide a copy of the Notice of Intent (NOI) to the Pueblo of
Santa Ana (the Pueblo), at the same time it is submitted to the U.S. Environmental
Protection Agency (EPA), for projects with discharges onto the lands of the Pueblo
as defined in the Pueblo's antidegradation policy within the Pueblo of Santa Ana
Water Quality Standards.
b. The permittee shall provide a final copy of the Stormwater Pollution Prevention
Plan (SWPPP) to the Pueblo that is associated with any project identified in the
NOI, at the same time that an NOI is submitted to the EPA. The SWPPP should
include any projects with discharges onto the lands of the Pueblo as defined in
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2017 Construction General Permit (CGP) (as modified)
the antidegradation policy within the Pueblo of Santa Ana Water Quality
Standards.
c. The operator shall provide copies of inspections reports and of corrective action
reports to the Pueblo at the address below for review, upon request.
d. Upon completion of the project identified in the NOI, the permittee will submit a
Notice of Termination (NOT) to the Pueblo.
e. All required or requested permittee specific information identified above shall be
submitted to the following address:
Pueblo of Santa Ana Department of Natural Resources,
Attention: Water Resources Division
2 Dove Road
Santa Ana Pueblo, NM 87004
f. Discharges are not authorized by permittee unless an accurate and complete
NOI and SWPPP have been submitted to the Pueblo. Failure to provide an
accurate and complete NOI and SWPPP may result in a denial of the discharge
permit or a delay in groundbreaking or construction.
g. The permittee will not proceed with site work until authorized by the Pueblo.The
Pueblo requires review of the complete and final SWPPP before authorization to
proceed.The Pueblo will provide an "Authorization to Process" notice after review
and approval of the SWPPP.
h. The permittee could be required to perform water quality monitoring, sampling or
analysis during the active permit dates for constituents determined by the Pueblo.
i. Before submitting a NOT, permittees must certify to the Pueblo's Department of
Natural Resources in writing that requirements for site stabilization have been met,
and any temporary erosion control structures have been removed.
Documentation of the Pueblo's review that such requirements have been
reviewed and met will be provided for the permittee to add to the permittee's
NOT submission to EPA. Copies of all NOT submitted to the EPA must also be sent
to the Pueblo at the address provided above.
9.4.2.4 Pueblo of Santa Clara. The following conditions apply only to discharges on the Pueblo
of Santa Clara Reservation:
a. The operator must provide a copy of the Notice of Intent (NOI) and Notice of
Termination (NOT) to the Santa Clara Pueblo Governor's Office at the same time it
is provided to the US Environmental Protection Agency.
b. A copy of the Storm water Pollution Prevention Plan shall be made available to the
Pueblo of Santa Clara staff upon request.
9. .2.5 Pueblo of Tesuque. The following conditions apply only to discharges on the Pueblo of
Tesuque Reservation:
a. Based on the Section 401 Certification provisions within the CWA, no discharges
that will exceed or cause the exceedance of the Pueblo of Tesuque Water Quality
Standards will be allowed within the boundaries of the Pueblo of Tesuque.
b. The operator shall provide a copy of the Notice of Intent (NOI) to the Pueblo of
Tesuque Governor's Office in care of the Department of Environmental and
Natural Resources (DENR) at the same time it is submitted to the Environmental
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2017 Construction General Permit (CGP) (as modified)
Protection Agency, for projects occurring within the boundaries of Tesuque tribal
lands.The operator shall also notify the Pueblo of Tesuque Governor's Office in care
of the DENR when it submits the Notice of Termination (NOT), but not before the
DENR post-construction inspection has been completed as described below.The
NOI and NOT shall be sent to the following address:
Pueblo of Tesuque
Office of the Governor
Attn: DENR
20 TP828 Administration Bldg.
Santa Fe, NM 87506-5512
Alternatively, the operator may arrange with DENR to email the documents.
c. The operator shall also provide a copy of the Stormwater Pollution Prevention Plan,
copies of inspection reports, and copies of corrective action reports to the DENR.
d. Construction requiring this permit will not commence until the above document
submissions have been made and DENR provides the operator with notice to
proceed. Operators will not demobilize until DENR personnel inspect the site for
complication of stabilization. Once the inspection has taken place and all SWPPP-
related work has been completed to the satisfaction of DENR, the operator will
submit its NOT as described above and then demobilize.
9.4.2.6 Taos Pueblo. The following conditions apply only to discharges on the Taos Pueblo
Reservation:
a. The operator shall provide a copy of the Notice of Intent (NOI) to the Taos Pueblo
Governor's Office, War Chief's Office and Environmental Office, at the same time it
is submitted to the U.S. Environmental Protection Agency, for projects occurring
within the exterior boundaries of Taos Pueblo.The operator shall also notify Taos
Pueblo when it has submitted the Notice of Termination (NOT). The NOI and NOT
shall be sent to the Taos Pueblo at the following addresses:
i. Taos Pueblo Governor's Office
P.O. Box 1846
Taos NM 87571
ii. Taos Pueblo War Chief's Office
P.O. Box 2596
Taos NM 87571
iii. Environmental Office
Attn: Program Manger
P.O. Box 1846
Taos NM 87571
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2017 Construction General Permit (CGP) (as modified)
b. Taos Pueblo requests that in the event Indian artifacts or human remains are
inadvertently discovered on projects occurring near or on Taos Pueblo lands that
consultation with the tribal Governor's Office occur at the earliest possible time.
c. The operator shall provide a copy of the Stormwater Pollution Prevention Plan,
copies of inspections reports, and copies of corrective action reports to staff in the
Taos Pueblo Environmental Office for review and copy, upon request.
9.4.2.7 Ohkay Owingeh. The following conditions apply only to discharges on the Ohkay
Owingeh Reservation:
a. Prior to commencement of any construction activity on Ohkay Owingeh Lands
requiring permit coverage under EPA's Construction General Permit, the
operator(s) shall submit to Ohkay Owingeh Office of Environmental Affairs, a copy
of the electronic "Notice of Intent," submitted to the Environmental Protection
Agency, immediately following EPA's electronic notification that the NOI has been
received. A copy of the Stormwater Pollution Prevention Plan(s) must be made
available to the Ohkay Owingeh Office of Environmental Affairs upon the tribe's
request either electronically or hard copy. Operator(s) shall also submit to Ohkay
Owingeh Office of Environmental Affairs a copy of the electronic Notice of
Termination (NOT) submitted to the Environmental Protection Agency. Documents
shall be submitted to Ohkay Owingeh at the following address:
Ohkay Owingeh Office of Environment Affairs
Attention: Environmental Programs Manager
P.O. Box 717
Ohkay Owingeh, New Mexico 87566
Office # 505.852.4212
Fax # 505.852.1432
Electronic mail: naomi.archuleto0gohkay.ora
b. Ohkay Owingeh will not allow the Rainfall Erosivity Waivers (see Appendix C) to be
granted for any small construction activities.
c. All vegetation used to prevent soil loss, seeding or planting of the disturbed area
to meet the vegetative stabilization requirements must utilize native
seeds/vegetation commonly known to the area.All temporary erosion control
structures, such as silt fences must be removed as soon as stabilization requirements
are met.
9.4.2.8 Pueblo of Laguna. The following conditions apply only to discharges on the Pueblo of
Laguna Reservation:
a. The operator must provide a paper and electronic copy of the Notice of Intent
(NOI) and Notice of Termination (NOT) to the Pueblo of Laguna at the same time it
is provided to the U.S. Environmental Protection Agency.The NOI and NOT should
be provided to the following address:
Pueblo of Laguna, Office of the Governor
Attn: Environmental & Natural Resources Department
P.O. Box 194
Laguna, NM 87026
Email: setter@pol-nsn.gov
b. The operator must provide an electronic copy of the Storm Water Pollution
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2017 Construction General Permit (CGP) (as modified)
Prevention Plan to the Pueblo of Laguna Environmental Program at the same time
the NOI is submitted to the above listed email addresses. Any correspondences
between the applicant and EPA related to analytical data, written reports,
corrective action, enforcement, monitoring, or an adverse incident written reports
threshold likewise be routed to the Pueblo of Laguna Environmental Program.
c. Immediate initiation of consultation with the Pueblo of Laguna is required should
any human remains or artifacts be unearthed during the project that fall under the
Native American Graves Protection and Repatriation Act guidelines. If human
remains are unearthed, contact the Pueblo of Laguna Police Department at
505.552.6666. If artifacts are unearthed, contact the Pueblo of Laguna Tribal
Historic Preservation Office at 505.552.5033.
9.4.2.9 Picuris Pueblo. The following conditions apply only to discharges on the Picuris Pueblo
Reservation:
a. The operator, landowner and construction operators doing earth-disturbance work
must meet the definition of "operator" under the Construction General Permit
(CGP), and must provide an electronic and paper copy of the Notice of Intent
(NOI) and Notice of Termination (NOT) to both The Office of the Picuris Pueblo
Governor and the Picuris Pueblo Environmental Department at the some time it is
provided to the U.S. Environmental Protection Agency (USEPA). The NOI and NOT
should be provided to the following address:
Picuris Pueblo
The Office of the Governor
PO BOX 127
Penasco, NM 87553
575-587-2519
575-587-1071 (Fax)
Governor: Governor@oicurisoueblo.org
Picuris Pueblo Environmental Department
PO BOX 158
Penasco, NM 87553
575-587-01 10
575-587-0223 (Fax)
Environmental Director: environmentCoicurisQueblo.org
b. The operator must provide an electronic copy of the Storm Water Pollution
Prevention Plan to the Picuris Pueblo Environmental Department at least 30 days
prior to submitting the NOI to USEPA and the Picuris Pueblo by email to Picuris
Pueblo Environmental Department: environment 06 gicurisoueblo.org.
9. .2.10 Pueblo of Pojoaque. The following conditions apply only to discharges on the Pueblo of
Pojoaque Reservation:
a. The operator, landowner and construction operators doing earth-disturbance work
must meet the definition of "operator" under the CGP and must provide a copy of
the Notice of Intent (NOI) to the Pueblo of Pojoaque Governor's Office and
Environmental Department within 3 days following U.S. Environmental Protection
Agency's electronic confirmation that the NOI was certified and submitted and is
undergoing its 14-day review period. Additionally, a copy of the Notice of
Termination (NOT) must be provided the same day electronic confirmation is
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2017 Construction General Permit (CGP) (as modified)
received from the U.S. Environmental Protection Agency that the NOT has been
accepted. The NOI and NOT should be provided to the following address:
Pueblo of Pojoaque
Office of the Governor
78 Cities of Gold Road
Santa Fe, NM 87506
Pueblo of Pojoaque
Environmental Department
39 Camino Del Rincon
Santa Fe, NM 87506
b. The operator must provide an electronic copy of the Stormwater Pollution
Prevention Plans to the Pueblo of Pojoaque Environmental Department by email to
Adam L Duran (aduran@Qoojoa uG e.orQ) at least 30 days prior to submitting the NOI
to EPA and the Pueblo of Pojoaque.
9. .2.11 Nambe Pueblo. The following conditions apply only to discharges on Nambe Pueblo:
a. The operator must provide a copy of the Notice of Intent (NOI) and Notice of
Termination (NOT) to the Nambe Pueblo Governor's Office at the same time it is
provided to the US Environmental Protection Agency.The NOI and NOT should be
provided to the following address:
Office of the Governor
Nambe Pueblo
15A NP102 WEST
Nambe Pueblo, NM 87506
b. The operator must provide a copy of the Stormwater Pollution Prevention Plan to
Nambe Pueblo at the same time it is submitted to the EPA, either by email to
sadeen@nambepueblo.om or mailed to the above address.
9. .3 OK101000 Indian country within the State of Oklahoma
9. .3.1 Pawnee Nation. The following conditions apply only to discharges within Pawnee Indian
country:
a. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be
provided to the Pawnee Nation at the some time it is submitted to the
Environmental Protection Agency to the following address:
Pawnee Nation Department of Environmental Conservation and Safety
P.O. Box 470
Pawnee, OK 74058
Or email to mmatlock@oawneenation.ora
b. The Storm Water Pollution Prevention Plan must be available to Departmental
inspectors upon request.
c. The Department must be notified at 918-762-3655 immediately upon discovery of
any noncompliance with any provision of the permit conditions.
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2017Constructio General Permit (CGP) (as modified)
9,$/4 OKR70F000 Discharges|n the State of Oklahoma that are not under the authority oJthe
Oklahoma Department of Environmental Quality, including activities associated with oil
and gas exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46,
and SIC codes 492 and 5l7l)' and point source discharges associated with agricultural
production, services, and silviculture (includes SIC Groups O7' 02' O7' 08. U9l
o. For activities located within the watershed of any Oklahoma Scenic River, including
the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee
Creek, and Lee Creek nr any water nr watershed designated "[)RVV" in
Oklahoma's Water Quality Standards, this permit may only be used to authorize
discharges from temporary construction activities. Certification is denied for any
on-going activities such as sand and gravel mining or any other mineral mining.
b. For activities located within the watershed of any Oklahoma Scenic River, including
the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee
Creek, and Lee Creek or any water or watershed designated "(]RVV" in
Oklahoma's Water Quality Standards, certification is denied for any discharges
originating from support activities, including concrete or asphalt batch plants,
equipment staging yards, material storage areas, excavated material disposal
areas, or borrow areas.
c. In order to company with Oklahoma's Water Quality Standards, these conditions
and restrictions also apply to any construction projects |ocotedvvhoUyorportioUy
on Indian Country lands within the State ofOklahoma.
9.5 EPA Region
9.5] COR70UUU Indian country within the State of Colorado, ms well osthe portion of the Ute
Mountain Reservation located in New Mexico.
9.5.1.1 The Ute Mountain Ute Tribe. The following conditions apply only to discharges on the
Ute Mountain UteReservation.
m. Permittees must send the Stormwater Pollution Prevention Plan (SWPPP) to the Tribal
Environmental Department for review and approval at least 30 days before
construction starts.
b. Before submitting the Notice of Termination (NOT), permittees must clearly
demonstrate tn the Tribal Environmental Department during an on-site inspection
that requirements for site stabilization have been met.
c. The permitteo must send o copy of the Notice of Intent (N(]|) and the Tribal
Environmental Deportment.
d. Permittees may submit their SWPPPs and NOI and NOT requests electronically to:
.
e. Written N(]|s' SVVPPPs' and N[)Ts may be mailed to:
Colin Lonick. Water Quality Program Manager
UteMountoin U|eThbn
Environmental Department
P.O. Box 448
Tovvooc' CD8l334
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2017 Construction General Permit (CGP) (as modified)
9.5.2 MTRl01000 Indian country within the State of Montana
9.5.2.1 The Confederated 8o|ishand Kootenai Tribes mf the Flathead Nation. The following
conditions apply only to discharges on the Confederated 3o|ishand Kootenai Tribes of
the Flathead Nation Reservation:
o. Permittees must submit the Stormwater Pollution Prevention Plan (SWPPP) to the
Confederated 3a|ish and Kootenai Tribes at least 30 days before construction starts.
b. Before submitting the Notice of Termination (NOT), pennittees must clearly
demonstrate to an appointed Tribal staff person during an onsife inspection that
requirements for site stabilization have been met.
c. The pennittee must send o copy ofthe Notice ofIntent (NC)|) and the NOT toCSK7.
d. Ponnittees may submit their SVVPPPs. N(]b and NOTs electronically to:
.
e. Written SVVPPPs' ND|s and NDT may be mailed to:
Clint Fo|den' Water Quality Regulatory Specialist
Confederated So|ish and Kootenai Tribes
Natural Resources Department
P.C). Box 278
Pablo, MT69855
9.6EPA Region
9.6.1 AZR70OOO Indian Country within the state oJ Arizona, os well as Navajo WoUon |onds |n
New Mexico and Utah
9.6.1.1 Navajo Nation. The following conditions apply only to discharges on the Navajo Notion
reservation:
o. Courtesy copies ofNotice of Intents and stornwo1erpoUution prevention plans shall
be made available to Navajo EPA.
b. Copies of all monitoring reports must be provided tn Navajo EP/\.
c. Facilities covered under the CGP will be subject to compliance inspections by
Navajo EPA staff with active Federal Inspector Credentials under the authority of
the Clean Water Act.
d. Specific awareness and adherence to Sections 201 -Anti-degradation Policy, 203-
Narrative WQS, and 207.H Turbidity.
9.6.2 CAR10000 Indian country within the State of California
9.6.2.1 Twenty-Nine Palms Band of Mission Indians. The following conditions apply only to
discharges on the Twenty-Nine Palms Band of Mission Indians Reservation:
o. At the time the applicant submits its Notice ofIntent [NC)|) to the EPA, the
applicant must concurrently submit written notification of the N(]| and a copy of
the Stormwater Pollution Prevention Plan (SWPPP) to the Twenty-Nine Palms Band of
Mission Indians at the address below:
Tribal Environmental Coordinator
Twenty-Nine Palms Band of Mission Indians
46-20O Harrison Place
Pnge56
2017 Construction General Permit (CGP) (as modified)
Coachella, CA 92236
b. The applicant must also concurrently submit to the Tribal Environmental
Coordinator written notification of any other forms or information submitted to the
EPA, including waivers, reporting, and Notice of Termination (NOT).
c. Permitted entities under the CGP must keep the Tribal EPA informed of authorized
discharges under the CGP by submitting written information about the type,
quantity, frequency and location, intended purpose, and potential human health
and/or environmental effects of their activities. These requirements are pursuant to
Section 4 of the Twenty-Nine Palms Band of Mission Indians Water Pollution Control
Ordinance (022405A). This information may be submitted to Tribal EPA in the form of
Stormwater Pollution Prevention Plans (SWPPPs), monitoring reports, or other reports
as required under the CGP. Spills, leaks, or unpermitted discharges must be
reported in writing to Tribal EPA within 24 hours of the incident.
9.6.2.2 Morongo Band of Mission Indians.The following conditions apply only to discharges on
the Morongo Band of Mission Indians Reservation:
a. This certification does not exempt, and is provisional upon compliance with, other
applicable statutes and codes administered by federal and tribal agencies.
Pursuant to the Morongo Band of Mission Indians Surface Water Quality Protection
Ordinance (Ordinance 39), all unpermitted discharges must be reported to the
Morongo Band of Mission Indians Environmental Protection Department (Morongo
EPD) within 24 hours of the incident.
b. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) and
stormwater pollution prevention plan (SWPPP) to the Morongo EPD at the some
time it is submitted electronically to the EPA.
c. The operator shall allow the Morongo EPD or its designee to inspect and sample at
the construction site as needed.
Correspondence should be submitted to:
Morongo Band of Mission Indians
Environmental Protection Department
12700 Pumarra Road
Banning, CA 92220
Phone: (951) 755-5128
Email: epd@moron o-nsn.gov
9.6.3 GUR100000 Island of Guam.The following conditions apply only to discharges on the
Island of Guam:
a. Any earth-moving operations which require a permit must be obtained from the
Department of Public Works (DPW) with clearance approval from various
Government of Guam Agencies including Guam EPA prior to the start of any earth-
moving activity.
b. In the event that the construction sites are within the Guam Sole Source Aquifer,
the construction site owner and operator must consider opportunities to facilitate
groundwater recharge for construction and post-construction implementing
infiltration Best Management Practices. Stormwater disposal systems shall be
designed and operated within the boundaries of the project. Stormwater systems
shall not be permitted within any Wellhead Protection Zone unless the discharge
meets the Guam Water Quality Standards within the zone. Waters discharged
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2017 Construction General Permit (CGP) (as modified)
within the identified category G-2 recharge zone shall receive treatment to the
degree required to protect the drinking water quality prior to it entering the
category G-1 resource zone.
c. All conditions and requirements set forth in the 22 Guam Administrative Rules and
Regulations (GARR), Division II, Water Control, Chapter 10, Guam Soil Erosion and
Sediment Control Regulations (GSESCR) that are more protective than the CGP
regarding construction activities must be complied with.
d. All standards and requirements set forth in the 22 GARR, Division II, Water Control,
Chapter 5, Guam Water Quality Standards (GWQS) 2001 Revisions, must be
complied with to include reporting GWQS exceedance to Guam EPA.
e. All operators/owners of any property development or earth moving activities shall
comply with the erosion control pre-construction and post-construction BMP design
performance standards and criteria set forth in the 2006 CNMI and Guam
Stormwater Management Manual.
f. All conditions and requirements regarding dewatering activities set forth in 22
Guam Administrative Rules and Regulations Chapter 7, Water Resources
Development and Operating Regulations must be complied with to include
securing permits with Guam EPA prior to the start of any dewatering activities.
g. If a project to be developed is covered under the Federal Stormwater Regulations
(40 CFR Parts 122 & 123), a Notice of Intent (NOI) to discharge stormwater to the
surface and marine waters of Guam must be submitted to the U.S. EPA and a copy
furnished to Guam EPA, pursuant to Section 10, 104(B)(5)(d) 22GAR, Division Il,
Chapter 10.
h. Guam EPA shall apply the Buffer Requirements listed in Appendix G of the CGP
NPDES Permit for construction activities as it pertains to Waters of the U.S. in Guam.
Guam EPA shall also apply the same buffer requirements for sinkholes in Guam.
i. When Guam EPA, through its permit review process, identifies that the proposed
construction activity is close proximity to marine waters, contractors and owners will
be informed that any activity that may impair water quality are required to stop
during peak coral spawning periods as per the Guam Coral Spawning
Construction Moratoriums.
j. The Proposed Construction General Permit must set appropriate measures and
conditions to protect Guam's Threatened and Endangered Species and
Outstanding Resource Waters of exceptional recreational or ecological
significance as determined by the Guam EPA Administrator as per Guam Water
Quality Standards 2001 Revisions, §5102, Categories of Waters, D. Outstanding
Resource Waters.
k. When Guam EPA through its permit review process identifies that proposed
construction activity is in close proximity to any Section 303d impaired waters,
which includes marine waters and surface waters, shall ensure that construction
activity does not increase the impaired water's ambient parameters.
I. When Rainfall Erosivity and TMDL Waivers reflected in the CGP, Appendix C, are
submitted to the U.S. EPA, Guam EPA will review waivers on a project by project
basis.
m. Prior to submission of the Notice of Termination (NOT) to the U.S. EPA, permittees
must clearly demonstration to Guam EPA that the project site has met all soil
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2017 Construction General Permit (CGP) (as modified)
stabilization requirements and removal of any temporary erosion control as
outlined in the GSESCR.
9.7 EPA Region 10
9.7.1 IDR100000 State of Idaho, except Indian country
a. Idaho's Antidegrodation Policy.The WQS contain an antidegradation policy
providing three levels of protection to water bodies in Idaho (IDAPA 58.01.02.051).
1. Tier I Protection. The first level of protection applies to all water bodies subject
to Clean Water Act jurisdiction and ensures that existing uses of a water body
and the level of water quality necessary to protect those existing uses will be
maintained and protected (IDAPA 58.01.02.051.01; 58.01.02.052.01).
Additionally, a Tier 1 review is performed for all new or reissued permits or
licenses (IDAPA 58.01.02.052.05).
2. Tier II Protection.The second level of protection applies to those water bodies
considered high quality and ensures that no lowering of water quality will be
allowed unless deemed necessary to accommodate important economic or
social development (IDAPA 58.01.02.051.02; 58.01.02.052.08).
3. Tier III Protection.The third level of protection applies to water bodies that have
been designated outstanding resource waters and requires that activities not
cause a lowering of water quality (IDAPA 58.01.02.051.03; 58.01.02.052.09).
DEQ is employing a water body by water body approach to implementing
Idaho's antidegradation policy.This approach means that any water body fully
supporting its beneficial uses will be considered high quality (IDAPA
58.01.02.052.05.a). Any water body not fully supporting its beneficial uses will be
provided Tier I protection for that use, unless specific circumstances warranting Tier
II protection are met (IDAPA 58.01.02.052.05.c). The most recent federally
approved Integrated Report and supporting data are used to determine support
status and the tier of protection (IDAPA 58.01.02.052.05).
b. Pollutants of Concern. The primary pollutants of concern associated with
stormwater discharges from construction activities are sediment, typically
measured as total suspended solids and turbidity. Other potential pollutants
include the following: phosphorus, nitrogen, pesticides, organics, metals, PCBs,
petroleum products, construction chemicals, and solid wastes.
c. Receiving Water Body Level of Protection. The CGP provides coverage to
construction activities throughout the entire State of Idaho. Because of the
statewide applicability, all of the jurisdictional waters within Idaho could potentially
receive discharges either directly or indirectly from activities covered under the
CGP. DEQ applies a water body by water body approach to determine the level
of antidegradation a water body will receive.
All waters in Idaho that receive discharges from activities authorized under the
CGP will receive, at minimum Tier I antidegradation protection because Idaho's
antidegradation policy applies to all waters of the state. Water bodies that fully
support their aquatic life or recreational uses are considered to be high quality
waters and will receive Tier II antidegradation protection.
Although Idaho does not currently have any Tier III designated outstanding
resource waters (ORWs) designated, it is possible for a water body to be
designated as an ORW during the life of the CGP. Because of this potential, the
antidegradation review also assesses whether the permit complies with the
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2017 Construction General Permit (CGP) (as modified)
outstanding resource water requirements of Idaho's antidegradation policy.
To determine the support status of the receiving water body, persons filing a Notice
of Intent (NOI) for coverage under this general permit must use the most recent
EPA-approved Integrated Report, available on Idaho DEQ's website:
http://www.deg.idaho,Qov/water-duality/surface-wcterlmoaitorina,�:
assessment/integrated-report/.
High quality waters are identified in Categories 1 and 2 of the Integrated Report. If
a water body is in either Category 1 or 2, it is a Tier II water body.
Unassessed waters are identified as Category 3 of DEQ's Integrated Report. These
waters require a case-by-case determination to be made by DEQ based on
available information at the time of the application for permit coverage. If a water
body is unassessed, the applicant is directed to contact DEQ for assistance in filing
the NOI.
Impaired waters are identified in Categories 4 and 5 of the Integrated Report.
Category 4(a) contains impaired waters for which a TMDL has been approved by
EPA. Category 4(b) contains impaired waters for which controls other than a TMDL
have been approved by EPA. Category 5 contains waters which have been
identified as "impaired," for which a TMDL is needed.These waters are Tier I waters,
for the use which is impaired. With the exception, if the aquatic life uses are
impaired for any of these three pollutants—dissolved oxygen, pH, or temperature—
and the biological or aquatic habitat parameters show a health, balanced
biological community, then the water body shall receive Tier II protection, in
addition to Tier I protection, for aquatic life uses (IDAPA 58.01.02.052.05.c.i.).
DEQ's webpage also has a link to the state's map-based Integrated Report which
presents information from the Integrated Report in a searchable, map-based
format: http://www,dea.idaho.Qov/assistance-resources/maos-dataf.
Water bodies can be in multiple categories for different causes. If assistance is
needed in using these tools, or if additional information/clarification regarding the
support status of the receiving water body is desired, the operator is directed to
make contact with the appropriate DEQ regional office of the State office in the
table below:
Regional Address Phone Email
and State Number
Office
Boise 1445 N. 208-373- Kati.carberr\@dea.idaho.cJgv
Orchard Rd., 0550
Boise 83706
Coeur 2110Ironwood 208-769- June beraauist@degjdaho.gov
d'Alene Parkway, 1422
Coeur D'Alene
83814
Idaho Falls 900 N. Skyline, 208-528- Troy.saffle@deq.idaho.goov_
Suite B., Idaho 2650
Falls 83402
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Lewiston 1 1 18 "F" St., 208-799- Mark.sellet@dea.idaho.gov
Lewiston 83501 4370
Pocatello 444 Hospital 208-236- Lynn.vanevery@dea.idaho.gov
way, #300 6160
Pocatello
83201
Twin Falls 650 Addison 208-736- Balthasor.buhidor@dea.idaho.ciov
Ave., W., Suite 2190
110, Twin Falls
83301
State 1410 N. Hilton 208-373- Nicole.deinarowicz@deg idaho. ov
Office Rd., Boise 0502
83706
d. Turbidity Monitoring_The permittee must conduct turbidity monitoring during
construction activities and thereafter on days where there is a direct discharge of
pollutants from an unstabilized portion of the site which is causing a visible plume to
a water of the U.S.
A properly and regularly calibrated turbidimeter is required for measurements
analyzed in the field (preferred method), but grab samples may be collected and
taken to a laboratory for analysis. If the permittee can demonstrate that there will
be no direct discharge from the construction site, then turbidity monitoring is not
required. When monitoring is required, a sample must be taken at an undisturbed
area immediately upstream of the project area to establish background turbidity
levels for the monitoring event. Background turbidity, location, date and time must
be recorded prior to monitoring downstream of the project area. A sample must
also be taken immediately downstream from any point of discharge and within
any visible plume. The turbidity, location, date and time must be recorded.The
downstream sample must be taken immediately following the upstream sample in
order to obtain meaningful and representative results.
Results from the compliance point sampling or observation7$ must be compared to
the background levels to determine whether project activities are causing an
exceedance of state WQS. If the downstream turbidity is 50 NTUs or more than the
upstream turbidity, then the project is causing an exceedance of WQS.Any
exceedance of the turbidity standard must be reporting to the appropriate DEQ
regional office within 24 hours. The following six (6) steps should be followed to
ensure compliance with the turbidity standard:
1. If a visible plume is observed, quantify the plume by collecting turbidity
measurements from within the plume and compare the results to Idaho's
instantaneous numeric turbidity criterion (50 NTU over the background).
78 A visual observation is only acceptable to determine whether BMPs are functioning properly.If a plume is
observed, the project may be causing an exceedance of WQS and the permittee must collect turbidity
data and inspect the condition of the projects BMPs. If the BMPs appear to be functioning to their fullest
capability and the turbidity is 50 NTUs or more than the upstream turbidity,then the permittee must modify
the activity or implement additional BMPs (this may also include modifying existing BMPs).
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2. If turbidity is less than 50 NTU instantaneously over the background
turbidity; continue monitoring as long as the plume is visible. If turbidity
exceeds background turbidity by more than 50 NTU instantaneously then
stop all earth disturbing construction activities and proceed to step 3.
3. Take immediate action to address the cause of the exceedance.That
may include inspection the condition of project BMPs. If the BMPs are
functioning to their fullest capability, then the permittee must modify
project activities and/or BMPs to correct the exceedance.
4. Notify the appropriate DEQ regional office within 24 hours.
5. Possibly increase monitoring frequency until state water quality standards
are met.
6. Continue earth disturbing construction activities once turbidity readings
return to within 50 NTU instantaneously and 25 NTU for more than ten
consecutive days over the background turbidity.
Copies of daily logs for turbidity monitoring must be available to DEQ upon
request. The report must describe all exceedances and subsequent actions
taken, including the effectiveness of the action.
e. Reporting of Discharges Containing Hazardous Materials or Petroleum Products. All
spills of hazardous material, deleterious material or petroleum products which may
impact waters (ground and surface) of the state shall be immediately reported.
Call 911 if immediate assistance is required to control, contain or clean up the spill.
If no assistance is needed in cleaning up the spill, contact the appropriate DEQ
regional office in the table below during normal working hours or Idaho State
Communications Center after normal working hours. If the spilled volume is above
federal reportable quantities, contact the National Repose Center.
For immediate assistance: Call 911
National Response Center: (800) 424-8802
Idaho State Communications Center: (208) 632-8000
Regional office Toll Free Phone Number Phone Number
Boise 888-800-3480 208-373-0321
Coeur d'Alene 877-370-0017 208-769-1422
Idaho Falls 800-232-4635 208-528-2650
Lewiston 977-547-3304 208-799-4370
Pocatello 888-655-6160 208-236-6160
Twin Falls 800-270-1663 208-736-2190
9.7.2 IDR101000 Indian country within the State of Idaho, except Duck Valley Reservation
lands (see Region 9)
9.7.2.1 Shoshone-Bannock Tribes. The following conditions apply only to discharges on the
Shoshone-Bannock Reservation:
f. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the
Shoshone-Bannock Tribes Water Resources Department at the same time it is
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2017 Construction General Permit (CGP) (as modified)
submitted electronically to the Environmental Protection Agency (EPA) and shall
provide the Shoshone-Bannock Tribes Water Resources Department the
acknowledgement of receipt of the NOI from the EPA within 7 calendar days of
receipt from the EPA.
9.7.3 WARI0F000 Areas in the State of Washington, except those located on Indian country,
subject to construction activity by a Federal Operator. The following conditions apply
only to discharges on federal facilities in the State of Washington:
a. Discharges shall not cause or contribute to a violation of surface water quality
standards (Chapter 173-201 A WAC), groundwater quality standards (Chapter 173-
200 WAC), sediment management standards (Chapter 173-204 WAC), and human
health-based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges
that are not in compliance with these standards are not authorized.
b. Prior to the discharge of stormwater and non-storm water to waters of the State,
the Permittee must apply all known, available, and reasonable methods of
prevention, control, and treatment (AKART).This includes the preparation and
implementation of an adequate SWPPP,with all appropriate BMPs installed and
maintained in accordance with the SWPPP and the terms and conditions of this
permit.
c. Permittees who discharge to segments of waterbodies listed as impaired by the
State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine
sediment, phosphorus, or pH must comply with the following numeric effluent limits:
Parameter Identified Parameter Unit Analytical Method Numeric
in 303(d) Listing Sampled Effluent Limit
• Turbidity Turbidity NTU SM2130 or EPA 180.1 25 NTUs at the
• Fine Sediment point where the
• Phosphorus stormwater is
discharged
from the site.
High pH pH Su pH meter In the range of
6.5-8.5
d. All references and requirements associated with Section 303(d) of the Clean Water
Act mean the most current EPA approved listing of impaired waters that exists on
February 16, 2017, or the date when the operator's complete permit application is
received by EPA,whichever is later.
e. Discharges to waterbodies subject to an applicable Total Maximum Daily Load
(TMDL) for turbidity, fine sediment, high pH, or phosphorus, shall be consistent with
the assumptions and requirements of the TMDL.
i. Where an applicable TMDL sets specific waste load allocations or
requirements for discharges covered by this permit, discharges shall be
consistent with any specific waste load allocations or requirements
establish by the applicable TMDL.
ii. Where an applicable TMDL has established a general waste load
allocation for construction stormwater discharges, but no specific
requirements have been identified, compliance with this permit will be
assumed to be consistent with the approved TMDL.
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2017 Construction General Permit (CGP) (as modified)
iii. Where an applicable TMDL has not specified a waste load allocation for
construction stormwater discharges, but has not excluded these
discharges, compliance with this permit will be assumed to be consistent
with the approved TMDL.
iv. Where an applicable TMDL specifically precludes or prohibits discharges
from construction activity, the operator is not eligible for coverage under
this permit.
V. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or
phosphorus, which has been completed and approved by EPA prior to
February 16, 2017, or prior to the date the operator's complete NOI is
received by EPA, whichever is later.
9.7.4 WAR101000 Indian country within the State of Washington
9.7. .1 Confederated Tribes of the Colville Reservation. The following conditions apply only to
discharges on the Colville Indian Reservation (CIR) and on other Tribal trust lands or
allotments of the Confederated Tribes of the Colville Reservation:
a. A copy of the Stormwater Pollution Prevention Plan must be submitted to the
following office at least thirty (30) days in advance of sending the Notice of Intent
(NOI) to EPA:
Environmental Trust Department
Confederated Tribes of the Colville Reservation
PO Box 150
Nesepelem, WA 99155
b. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be sent
to the ETD at the same time they are submitted to EPA.
c. Discharges to Omak Creek, the Okanogan River, and Columbia River downstream
of Chief Joseph Dam may affect threatened or endangered species, and shall
only be permitted in adherence with Appendix D of the CGP.
d. All work shall be carried out in such a manner as will prevent violations of water
quality criteria as stated in Chapter 4-8 Water Quality Standards of the Colville Law
and Order Code, as amended.
e. Appropriate steps shall be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering waters of the CIR. All spills must
be reported to the appropriate emergency management agency and the ETD,
and measures shall be taken immediately to prevent the pollution of waters of the
CIR, including groundwater.
f. Stormwater site inspections shall be conducted at least once every 7 calendar
days,within 24-hours of the occurrence of a rain event of 0.25 inches or greater in
a 24-hour period, and daily during periods of saturated ground surface or
snowmelt with accompanying surface runoff.
g. Results of discharge sampling must be reported to the ETD within 7 days of sample
collection. All sample reporting must include the date and time, location, and
individual performing the sampling.
h. Any corrective action reports that are required under the CGP must be submitted
to the ETD at the above address within one (1) working day of the report
completion.
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2017 Construction General Permit (CGP) (as modified)
i. This certification does not authorize impacts to cultural, historical, or archeological
features or sites, or proprieties that may be eligible for such listing.
9.7.4.2 Lummi Nation. The following conditions apply only to discharges on the Lummi
Reservation:
a. The Lummi Nation reserves the right to modify this 401 certification if the final
version of the NPDES General Permit for Storm Water Discharges Associated with
Construction Activity (CGP) on tribal lands in the State of Washington (Permit No.
WAR101000) is substantively different than the draft version of the proposed permit
that was made available for public comments during April 2016. The Lummi Nation
will determine if the final version of the NPDES CGP is substantively different than
the draft version following review of the final version once the EPA makes it
available.
b. This certification does not exempt and is provisional upon compliance with other
applicable statutes and codes administered by federal and Lummi tribal agencies.
Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must also obtain
a land use permit from the Lummi Planning Department as provided in Title 15 of
the Lummi Code of Laws and regulations adopted thereunder.
c. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a Storm
Water Pollution Prevention Plan to the Lummi Water Resources Division for review
and approval by the Water Resources Manager prior to beginning any discharge
activities.
d. Pursuant to LCL Title 17, each operator shall be responsible for achieving
compliance with the Water Quality Standards for Surface Waters of the Lummi
Indian Reservation (Lummi Administrative Regulations [LAR] 17 LAR 07.010 through
17 LAR 07.210 together with supplements and amendments thereto).
e. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the
Lummi Water Resources Division at the some time it is submitted electronically to
the Environmental Protection Agency (EPA) and shall provide the Lummi Water
Resources Division the acknowledgement of receipt of the NOI from the EPA and
the associated NPDES tracking number provided by the EPA within 7 calendar days
of receipt from the EPA.
f. Each operator shall submit a signed hard copy of the Notice of Termination (NOT)
to the Lummi Water Resources Division at the some time it is submitted
electronically to the EPA and shall provide the Lummi Water Resources Division the
EPA acknowledgement of receipt of the NOT.
g. Storm Water Pollution Prevention Plans, Notice of Intent, Notice of Termination and
associated correspondence with the EPA shall be submitted to:
Lummi Natural Resources Department
ATTN: Water Resources Manager
2665 Kwina Road
Bellingham, WA 98226-9298
9.7.4.3 Makah Tribe.The following conditions apply only to discharges on the Makah
Reservation:
a. The operator shall be responsible for achieving compliance with the Makah Tribe's
Water Quality Standards.
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2017 Construction General Permit (CGP) (as modified)
b. The operator shall submit a Storm Water Pollution Prevention Plan to the Makah
Tribe Water Quality Program and Makah Fisheries Habitat Division for review and
approval at least thirty (30) days prior to beginning any discharge activities.
c. The operator shall submit a copy of the Notice of Intent to the Makah Tribe Water
Quality Program and Makah Fisheries Habitat Division at the same time it is
submitted to EPA.
d. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to:
Aaron Parker
Makah Fisheries Management Water Quality Specialist
(360) 645-3162
Cell 206-356-0319
AgLgL.parker@mckah.com
PO Box 115
Neah Bay WA 98357
9.7. .4 Puyallup Tribe of Indians. The following conditions apply only to discharges on the
Puyallup Tribe of Indians Reservation:
a. Each permittee shall be responsible for achieving compliance with the Puyallup
Tribe's Water Quality Standards, including antidegradation provisions.The Puyallup
Natural Resources Department will conduct an antidegradation review for
permitted activities that have the potential to lower water quality.The
antidegradation review will be consistent with the Tribe's Antidegradation
Implementation Procedures.The Tribe may also impose additional controls on a
site-specific basis, or request EPA to require the operator obtain coverage under
an individual permit, if information in the NOI or from other sources indicates that
the operator's discharges are not controlled as necessary to meet applicable
water quality standards.
b. The permittee shall be responsible for meeting any additional permit requirements
imposed by EPA necessary to comply with the Puyallup Tribe's antidegradation
policies if the discharge point is located within 1 linear mile upstream of waters
designated by the Tribe.
c. Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered by
the general permit to Char Naylor (char.na I�puyalluotribe.com) and Russ
Ladley (russ.ladley@QuyalluQtribe.com) by email or at the address listed below at
the same time it is submitted to EPA.
Puyallup Tribe of Indians
3009 E. Portland Avenue
Tacoma, WA 98404
ATTN: Russ Ladley and Char Naylor
d. All supporting documentation and certifications in the NOI related to coverage
under the general permit for Endangered Species Act purposes shall be submitted
to the Tribe's Resource Protection Manager (russ.ladlev@ouyallur)tribe.com) and
Char Naylor (char.naylor@puyalluptribe.com) for review.
e. If EPA requires coverage under an individual or alternative permit, the permittee
shall submit a copy of the permit to Russ Ladley and Char Naylor at the address
listed above.
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2017 Construction General Permit (CGP) (as modified)
f. The permittee shall submit all stormwater pollution prevention plans to Char Naylor
for review and approval prior to beginning any activities resulting in a discharge to
tribal waters.
g. The permittee shall conduct benchmark monitoring for turbidity (or transparency)
and, in the event of significant concrete work or engineered soils, pH monitoring as
well. Monitoring, benchmarks, and reporting requirements contained in Condition
S.4. (pp.13-20) of the Washington State Construction Stormwater General Permit,
effective January 1, 2016, shall apply, as applicable.
h. The permittee shall notify Char Naylor (253-680-5520) and Russ Ladley (253-680-
5560) prior to conducting inspections at construction sites generating storm water
discharged to tribal waters.
i. Treat dewatering discharges with controls necessary to minimize discharges of
pollutants in order to minimize the discharge of pollutants to groundwater or
surface waters from stormwater that is removed from excavations, trenches,
foundations, vaults, or other storage areas. Examples of appropriate controls
include sediment basins or sediment traps, sediment socks, dewatering tanks, tube
settlers, weir tanks, and filtration systems (e.g., bag or sand filters) that are designed
to remove sediment.
To the extent feasible, utilize vegetated, upland areas of the site to infiltrate
dewatering water before discharge. At all points where dewatering water is
discharged, comply with the velocity dissipation requirements of Part 2.2.1 1 of EPA's
2016 General Construction Stormwater Permit. Examples of velocity dissipation
devices include check dams, sediment traps, riprap, and grouted riprap at outlets.
j. The permittee shall provide and maintain natural buffers to the maximum extent
possible (and/or equivalent erosion and sediment controls) when tribal waters are
located within 100 feet of the site's earth disturbances. If infeasible to provide and
maintain an undisturbed 100 foot natural buffer, erosion and sediment controls to
achieve the sediment load reduction equivalent to a 100-foot undisturbed natural
buffer shall be required.
9.7.4.5 Spokane Tribe of Indians. The following conditions apply only to discharges on the
Spokane Tribe Reservation:
a. Pursuant to Tribal Law and Order Code (TLOC) Chapter 30 each operator shall be
responsible for achieving compliance with the Surface Water Quality Standards of
the Spokane Tribe.The operator shall notify the Spokane Tribe, Water Control Board
(WCB) of any spills of hazardous material and;
b. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the
WCB at the same time it is submitted to EPA.
c. The permittee shall allow the Tribal Water Control Board or its designee to inspect
and sample at the construction site as needed.
d. Each operator shall submit a signed copy of the Notice of Termination (NOT) to the
WCB at the same time it is submitted to EPA.
The correspondence address for the Spokane Tribe Water Control Board is:
Water Control Board
c/o. Brian Crossley
PO Box 480
Wellpinit WA 99040
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2017 Construction General Permit (CGP) (as modified)
(509)626-4409
crossley,'c�spokane tribe.corn
9.7. .6 Swinomish Indian Tribal Community.The following conditions apply only to discharges
on the Swinomish Reservation:
a. Owners and operators seeking coverage under this permit who intend to
discharge to Regulated Surface Waters must submit a copy of the Notice of Intent
(NOI) to the DEP at the same time the NOI is submitted to EPA.
b. Owners and operators seeking coverage under this permit must also submit a
Stormwater Pollution Prevention Plan to the DEP for review and approval by DEP
prior to beginning any discharge activities.
c. Owners and operators must also submit to the DEP Changes in NOI and/or Notices
of Termination at the same time they are submitted to EPA.
9.7.4.7 Tulalip Tribes. The following conditions apply only to discharges on the Tulalip
Reservation:
a. This certification does not exempt and is provisional upon compliance with other
applicable statues and codes administered by federal and Tulalip tribal agencies.
Pursuant to Tulalip Tribes code of law, the operator must also obtain a land use
permit from the Tulalip Tribes Planning Department as provided in Title 7 of the
Tulalip Tribal Code
(httg://www.codepublishinQ,corn/�/AZTulalip/2Tulalip02/TulcligO205.html).
b. Each CGP operator shall be responsible for achieving compliance with Tulalip
Tribes Water Quality Standards.
c. Each CGP operator shall submit their Stormwater Pollution Prevention Plan (SWPPP)
to the:
Tulalip Natural & Cultural Resources Department
Tulalip Tribes
6406 Marine Drive
Tulalip, WA 98271
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2017 Construction General Permit (CGP) (as modified)
Appendix A - Definitions and Acronyms
1. Definitions
"Action Area"-all areas to be affected directly or indirectly by the federal action and not
merely the immediate area involved in the action. See 50 CFR 402. For the purposes of this
permit and for application of the threatened and endangered species protection eligibility
requirements, the following areas are included in the definition of action area:
• The areas on the construction site where stormwater discharges originate and flow
toward the point of discharge into the receiving waters (including areas where
excavation, site development, or other ground disturbance activities occur) and the
immediate vicinity. (Example: Where bald eagles nest in a tree that is on or bordering a
construction site and could be disturbed by the construction activity or where grading
causes stormwater to flow into a small wetland or other habitat that is on the site that
contains listed species.)
• The areas where stormwater discharges flow from the construction site to the point of
discharge into receiving waters. (Example: Where stormwater flows into a ditch, Swale,
or gully that leads to receiving waters and where listed species (such as listed
amphibians) are found in the ditch, swale, or gully.)
• The areas where stormwater from construction activities discharges into receiving waters
and the areas in the immediate vicinity of the point of discharge. (Example: Where
stormwater from construction activities discharges into a stream segment that is known to
harbor listed aquatic species.)
• The areas where stormwater controls will be constructed and operated, including any
areas where stormwater flows to and from the stormwater controls. (Example: Where a
stormwater retention pond would be built.)
• The areas upstream and/or downstream from the stormwater discharge into a stream
segment that may be affected by these discharges. (Example: Where sediment
discharged to a receiving stream settles downstream and impacts a breeding area of a
listed aquatic species.)
"Agricultural Land" - cropland, grassland, rangeland, pasture, and other agricultural land, on
which agricultural and forest-related products or livestock are produced and resource concerns
may be addressed. Agricultural lands include cropped woodland, marshes, incidental areas
included in the agricultural operation, and other types of agricultural land used for the
production of livestock.
"Antidegradation Policy" or "Antidegradation Requirements" - the water quality standards
regulation that requires states and tribes to establish a three-tiered antidegradation program:
1. Tier 1 maintains and protects existing uses and water quality conditions necessary to
support such uses. An existing use can be established by demonstrating that fishing,
swimming, or other uses have actually occurred since November 28, 1975, or that the
water quality is suitable to allow such uses to occur. Where an existing use is established,
it must be protected even if it is not listed in the water quality standards as a designated
use. Tier 1 requirements are applicable to all surface waters.
2. Tier 2 maintains and protects"high quality"waters--waterbodies where existing
conditions are better than necessary to support CWA§ 101 (a)(2) "fishable/swimmable"
uses. Water quality can be lowered in such waters. However, state and tribal Tier 2
programs identify procedures that must be followed and questions that must be
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answered before a reduction in water quality can be allowed. In no case may water
quality be lowered to a level which would interfere with existing or designated uses.
3. Tier 3 maintains and protects water quality in outstanding national resource waters
(ONRWs). Except for certain temporary changes, water quality cannot be lowered in
such waters. ONRWs generally include the highest quality waters of the United States.
However, the ONRW classification also offers special protection for waters of exceptional
ecological significance, i.e., those which are important, unique, or sensitive ecologically.
Decisions regarding which water bodies qualify to be ONRWs are made by states and
authorized Indian tribes.
"Arid Areas" -areas with an average annual rainfall of 0 to 10 inches.
"Bank" (e.g., stream bank or river bank) -the rising ground bordering the channel of a water of
the U.S.
"Bluff" -a steep headland, promontory, riverbank, or cliff.
"Borrow Areas" -the areas where materials are dug for use as fill, either onsite or off-site.
"Business day"-for the purposes of this permit, a business day is a calendar day on which
construction activities will take place.
"Bypass" -the intentional diversion of waste streams from any portion of a treatment facility.See
40 CFR 122.41 (m)(1)(i).
"Cationic Treatment Chemical"- polymers, flocculants, or other chemicals that contain an
overall positive charge. Among other things, they are used to reduce turbidity in stormwater
discharges by chemically bonding to the overall negative charge of suspended silts and other
soil materials and causing them to bind together and settle out. Common examples of cationic
treatment chemicals are chitosan and cationic PAM.
"Commencement of Construction Activities" -the initial disturbance of soils (or 'breaking
ground') associated with clearing, grading, or excavating activities or other construction-related
activities (e.g., stockpiling of fill material; placement of raw materials at the site).
"Common Plan of Development or Sale" -A contiguous area where multiple separate and
distinct construction activities may be taking place at different times on different schedules
under one common plan. The"common plan" of development or sale is broadly defined as any
announcement or piece of documentation (including a sign, public notice or hearing, sales
pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or
physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating
construction activities may occur on a specific plot.
"Construction Activities" -earth-disturbing activities, such as the clearing, grading, and
excavation of land, and other construction-related activities (e.g., stockpiling of fill material;
placement of raw materials at the site) that could lead to the generation of pollutants. Some of
the types of pollutants that are typically found at construction sites are:
® sediment;
® nutrients;
® heavy metals;
® pesticides and herbicides;
® oil and grease;
® bacteria and viruses;
® trash, debris, and solids;
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• treatment polymers; and
• any other toxic chemicals.
"Construction and Development Effluent Limitations and New Source Performance Standards"
(C&D Rule) - as published in 40 CFR § 450, the regulation requiring effluent limitations guidelines
(ELGs) and new source performance standards (NSPS) for controlling the discharge of pollutants
from construction sites.
"Construction Site" or "Site"-the land or water area where construction activities will occur and
where stormwater controls will be installed and maintained. The construction site includes
construction support activities, which may be located at a different part of the property from
where the primary construction activity will take place, or on a different piece of property
altogether.
"Construction Support Activity"-a construction-related activity that specifically supports the
construction activity and involves earth disturbance or pollutant-generating activities of its own,
and can include activities associated with concrete or asphalt batch plants, equipment staging
yards, materials storage areas, excavated material disposal areas, and borrow areas.
"Construction Waste" -discarded material (such as packaging materials; scrap construction
materials; masonry products; timber, steel, pipe, and electrical cuttings; plastics; and styrofoam).
"Conveyance Channel" -a temporary or permanent waterway designed and installed to safely
convey stormwater flow within and out of a construction site.
"Critical Habitat" -as defined in the Endangered Species Act at 16 U.S.C. 1531 for a threatened
or endangered species, (i) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of section 4 of the Endangered
Species Act, on which are found those physical or biological features essential to the
conservation of the species and which may require special management considerations or
protection, and (ii) specific areas outside the geographical area occupied by the species at the
time it is listed in accordance with the provisions of section 4 of the Endangered Species Act,
upon a determination by the Secretary that such areas are essential for the conservation of the
species.
"CWA" -the Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. section 1251
et seq.
"Dewatering" -the act of draining rainwater and/or ground water from building foundations,
vaults, and trenches.
"Discharge" -when used without qualification, means the "discharge of a pollutant."
"Discharge of a Pollutant" -any addition of any "pollutant" or combination of pollutants to
"waters of the United States" from any "point source," or any addition of any pollutant or
combination of pollutants to the waters of the "contiguous zone" or the ocean from any point
source other than a vessel or other floating craft which is being used as a means of
transportation. This includes additions of pollutants into waters of the United States from: surface
runoff which is collected or channeled by man; discharges through pipes, sewers, or other
conveyances, leading into privately owned treatment works. See 40 CFR 122.2.
"Discharge Point" -for the purposes of this permit, the location where collected and
concentrated stormwater flows are discharged from the construction site.
"Discharge-Related Activity" -activities that cause, contribute to, or result in stormwater and
allowable non-stormwater point source discharges, and measures such as the siting,
construction, and operation of stormwater controls to control, reduce, or prevent pollutants from
being discharged.
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"Discharge to an Impaired Water" -for the purposes of this permit, a discharge to an impaired
water occurs if the first water of the U.S. to which you discharge is identified by a state, tribe, or
EPA pursuant to Section 303(d) of the Clean Water Act as not meeting an applicable water
quality standard and (1) requires development of a total maximum daily load (TMDL) (pursuant
to section 303(d) of the CWA; or (2) is addressed by an EPA-approved or established TMDL; or (3)
is not in either of the above categories but the waterbody is covered by a pollution control
program that meets the requirements of 40 CFR 130.7(b)(1). For discharges that enter a storm
sewer system prior to discharge, the water of the U.S. to which you discharge is the first water of
the U.S. that receives the stormwater discharge from the storm sewer system.
"Domestic Waste" -for the purposes of this permit, typical household trash, garbage or rubbish
items generated by construction activities.
"Drainageway" -an open linear depression,whether constructed or natural, that functions for
the collection and drainage of surface water.
"Drought-Stricken Area" -for the purposes of this permit, an area in which the National Oceanic
and Atomospheric Administration's U.S.Seasonal Drought Outlook indicates for the period
during which the construction will occur that any of the following conditions are likely: (1)
"Drought to persist or intensify", (2) "Drought ongoing, some improvement", (3) "Drought likely to
improve, impacts ease", or (4) "Drought development likely". See
http://www.coc.ncep.noaa.gov/products/expert assessment/sdo summary.php.
"Earth-Disturbing Activity"-actions taken to alter the existing vegetation and/or underlying soil of
a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil
compaction, and movement and stockpiling of top soils.
"Earth-Disturbing Activities Conducted Prior to Active Mining Activities" - Consists of two classes
of earth-disturbing (i.e., clearing, grading and excavation) activities:
a. activities performed for purposes of mine site preparation, including: cutting new rights of
way (except when related to access road construction); providing access to a mine site for
vehicles and equipment (except when related to access road construction); other earth
disturbances associated with site preparation activities on any areas where active mining
activities have not yet commenced (e.g., for heap leach pads,waste rock facilities, tailings
impoundments, wastewater treatment plants); and
b. construction of staging areas to prepare for erecting structures such as to house project
personnel and equipment, mill buildings, etc., and construction of access roads.
Note: only earth-disturbing activities associated with the construction of staging areas and
the construction of access roads conducted prior to active mining (see (b) above) are
considered to be "construction" and therefore stormwater discharges from these activities
are eligible for coverage under this permit. See Part 1.2.1.b.The activities described in (a)
above are not considered to be "construction" and therefore stormwater discharges
associated with this activity are not eligible for coverage under this permit.
"Effective Operating Condition" -for the purposes of this permit, a stormwater control is kept in
effective operating condition if it has been implemented and maintained in such a manner that
it is working as designed to minimize pollutant discharges.
"Effluent Limitations" -for the purposes of this permit, any of the Part 2 or Part 3 requirements.
"Effluent Limitations Guideline" (ELG) -defined in 40 CFR § 122.2 as a regulation published by the
Administrator under section 304(b) of the CWA to adopt or revise effluent limitations.
"Eligible" -for the purposes of this permit, refers to stormwater and allowable non-stormwater
discharges that are authorized for coverage under this general permit.
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"Emergency-Related Project" -a project initiated in response to a public emergency (e.g., mud
slides, earthquake, extreme flooding conditions, disruption in essential public services), for which
the related work requires immediate authorization to avoid imminent endangerment to human
health or the environment, or to reestablish essential public services.
"Endangered Species" -defined in the Endangered Species Act at 16 U.S.C. 1531 as any
species which is in danger of extinction throughout all or a significant portion of its range other
than a species of the Class Insecta determined by the Secretary to constitute a pest whose
protection under the provisions of this Act would present an overwhelming and overriding risk to
man.
"Excursion"-a measured value that exceeds a specified limit.
"Existing Site"-a site where construction activities commenced prior to February 16, 2017.
"Exit Points"-any points of egress from the construction site to be used by vehicles and
equipment during construction activities.
"Exposed Soils" -for the purposes of this permit, soils that as a result of earth-disturbing activities
are left open to the elements.
"Federal Operator" -an entity that meets the definition of "Operator" in this permit and is either
any department, agency or instrumentality of the executive, legislative, and judicial branches of
the Federal government of the United States, or another entity, such as a private contractor,
performing construction activity for any such department, agency, or instrumentality.
"Final Stabilization" -on areas not covered by permanent structures, either (1) uniform, perennial
vegetation (e.g., evenly distributed, without large bare areas) has been established, or for and
or semi-arid areas,will be established that provides 70 percent or more of the cover that is
provided by vegetation native to local undisturbed areas, and/or (2) permanent non-
vegetative stabilization measures (e.g., riprap, gravel, gabions, and geotextiles) have been
implemented to provide effective cover for exposed portions of the site
"General Contractor"-for the purposes of this permit, the primary individual or company solely
accountable to perform a contract.The general contractor typically supervises activities,
coordinates the use of subcontractors, and is authorized to direct workers at a site to carry out
activities required by the permit.
"Hazardous Substances" or "Hazardous or Toxic Waste" -for the purposes of this permit, any
liquid, solid, or contained gas that contain properties that are dangerous or potentially harmful
to human health or the environment. See also 40 CFR §261.2.
"Historic Property" -as defined in the National Historic Preservation Act regulations, means any
prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion
in, the National Register of Historic Places maintained by the Secretary of the Interior.This term
includes artifacts, records, and remains that are related to and located within such properties.
The term includes properties of traditional religious and cultural importance to an Indian tribe or
Native Hawaiian organization and that meet the National Register criteria.
"Impaired Water"-a water identified by the state, tribe, or EPA as not meeting an applicable
water quality standard and (1) requires development of a TMDL (pursuant to section 303(d) of
the CWA; or (2) is addressed by an EPA-approved or established TMDL; or (3) is not in either of
the above categories but the waterbody is covered by a pollution control program that meets
the requirements of 40 CFR 130.7(b)(1).
"Impervious Surface" -for the purpose of this permit, any land surface with a low or no capacity
for soil infiltration including, but not limited to, pavement, sidewalks, parking areas and
driveways, packed gravel or soil, or rooftops.
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"Indian Country" or "Indian Country Lands" -defined at 40 CFR §122.2 as:
l. All land within the limits of any Indian reservation under the jurisdiction of the United
States Government, notwithstanding the issuance of any patent, and, including rights-of-
way running through the reservation,
2. All dependent Indian communities with the borders of the United States whether within
the originally or subsequently acquired territory thereof, and whether within or without
the limits of a state; and
3. All Indian allotments, the Indian titles to which have not been extinguished, including
rights-of-ways running through the same.
"Infeasible"-for the purpose of this permit, infeasible means not technologically possible or not
economically practicable and achievable in light of best industry practices. EPA notes that it
does not intend for any permit requirement to conflict with state water rights law.
"Install" or "Installation" -when used in connection with stormwater controls, to connect or set in
position stormwater controls to make them operational.
"Jar test" -a test designed to simulate full-scale coagulation/flocculation/sedimentation water
treatment processes by taking into account the possible conditions.
"Landward" -positioned or located away from a waterbody, and towards the land.
"Large Construction Activity" -defined at 40 CFR § 122.26(b)(14)(x) and incorporated here by
reference. Large construction activity includes clearing, grading, and excavating resulting in a
land disturbance that will disturb equal to or greater than five acres of land or will disturb less
than five acres of total land area but is part of a larger common plan of development or sale
that will ultimately disturb equal to or greater than five acres. Large construction activity does
not include routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of the site.
"Linear Construction Site" -includes the construction of roads, bridges, conduits, substructures,
pipelines, sewer lines, towers, poles, cables, wires, connectors, switching, regulating and
transforming equipment and associated ancillary facilities in a long, narrow area.
"Minimize" -to reduce and/or eliminate to the extent achievable using stormwater controls that
are technologically available and economically practicable and achievable in light of best
industry practices.
"Mining Activity" -for the purposes of this permit, includes mining-related construction activities
defined at 40 CFR 122.26(b)(14)(x) and 122.26(b)(15)(i), and active mining activities defined at
40 CFR 122.26(b)(14)(iii). Both of these sub categories of activities include earth-disturbing
activities, with the latter also including such activities as: extraction, removal or recovery, and
beneficiation of mined material from the earth; removal of overburden and waste rock to
expose mineable material; and site reclamation and closure activities.
"Mining Operations" -for the purposes of this permit, mining operations are grouped into two
distinct categories, with distinct effluent limits and requirements applicable to each: 1) earth-
disturbing activities conducted prior to active mining activities; and 2) active mining activities,
which includes reclamation.
"Municipal Separate Storm Sewer System" or"MS4" -defined at 40 CFR §122.26(b)(8) as a
conveyance or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned and operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State law) having jurisdiction
over disposal of sewage, industrial wastes, stormwater, or other wastes, including special
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districts under State law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under section 208 of the CWA that
discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
§122.2.
"National Pollutant Discharge Elimination System" (NPDES) -defined at 40 CFR §122.2 as the
national program for issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307,
402, 318, and 405 of CWA. The term includes an 'approved program.'
"Native Topsoil" -the uppermost layer of naturally occurring soil for a particular area, and is
often rich in organic matter, biological activity, and nutrients.
"Natural Buffer" -for the purposes of this permit, an area of undisturbed natural cover
surrounding waters of the U.S. within which construction activities are restricted. Natural cover
includes the vegetation, exposed rock, or barren ground that exists prior to commencement of
earth-disturbing activities.
"Natural Vegetation" -vegetation that occurs spontaneously without regular management,
maintenance, or species introductions or removals, and that generally has a strong component
of native species..
"New Operator of a Permitted Site" -an operator that through transfer of ownership and/or
operation replaces the operator of an already permitted construction site that is either a "new
site" or an "existing site".
"New Site" - a site where construction activities commenced on or after February 16, 2017.
"New Source"-for the purposes of this permit, a construction project that commenced
construction activities after February 1, 2010.
"New Source Performance Standards (NSPS)" -for the purposes of this permit, NSPS are
technology-based standards that apply to construction sites that are new sources under 40 CFR
450.24,
"Non-Stormwater Discharges" -discharges that do not originate from storm events. They can
include, but are not limited to, discharges of process water, air conditioner condensate, non-
contact cooling water, vehicle wash water, sanitary wastes, concrete washout water, paint
wash water, irrigation water, or pipe testing water.
"Non-Turbid" -a discharge that does not cause or contribute to an exceedence of turbidity-
related water quality standards.
"Notice of Intent" (NOI) -the form (electronic or paper) required for authorization of coverage
under the Construction General Permit.
"Notice of Termination" (NOT) -the form (electronic or paper) required for terminating coverage
under the Construction General Permit.
"NPDES eReporting Tool" (NeT) - EPA's online system for submitting electronic Construction
General Permit forms.
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"Operational" -for the purposes of this permit, stormwater controls are made "operational"
when they have been installed and implemented, are functioning as designed, and are
properly maintained.
"Operator" -for the purposes of this permit and in the context of stormwater discharges
associated with construction activity, any party associated with a construction project that
meets either of the following two criteria:
1. The party has operational control over construction plans and specifications, including
the ability to make modifications to those plans and specifications; or
2. The party has day-to-day operational control of those activities at a project that are
necessary to ensure compliance with the permit conditions.
This definition is provided to inform permittees of EPA's interpretation of how the regulatory
definitions of "owner or operator" and "facility or activity" are applied to discharges of
stormwater associated with construction activity. Subcontractors generally are not considered
operators for the purposes of this permit.
"Ordinary High Water Mark" -the line on the shore established by fluctuations of water and
indicated by physical characteristics such as a clear, natural line impressed on the bank,
shelving, changes in the character of soil, destruction of terrestrial vegetation, and/or the
presence of litter and debris.
"Permitting Authority" -for the purposes of this permit, EPA, a Regional Administrator of EPA, or
an authorized representative.
"Point(s) of Discharge" -see "Discharge Point."
"Point Source" - any discernible, confined, and discrete conveyance, including but not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock
concentrated animal feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural stormwater runoff.
"Pollutant" - defined at 40 CFR §122.2. A partial listing from this definition includes: dredged
spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials,
heat,wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste.
"Pollution Prevention Controls" -stormwater controls designed to reduce or eliminate the
addition of pollutants to construction site discharges through analysis of pollutant sources,
implementation of proper handling/disposal practices, employee education, and other actions.
"Polymers" -for the purposes of this permit, coagulants and flocculants used to control erosion
on soil or to enhance the sediment removal capabilities of sediment traps or basins. Common
construction site polymers include polyacrylomide (PAM), chitosan, alum, polyaluminum
chloride, and gypsum.
"Prohibited Discharges" -discharges that are not allowed under this permit, including:
1. Wastewater from washout of concrete;
2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance;
4. Soaps or solvents used in vehicle and equipment washing;
5. Toxic or hazardous substances from a spill or other release; and
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6. Waste, garbage, floatable debris, construction debris, and sanitary waste.
"Provisionally Covered Under this Permit" -for the purposes of this permit, EPA provides
temporary coverage under this permit for emergency-related projects prior to receipt of a
complete and accurate NOI. Discharges from earth-disturbing activities associated with the
emergency-related projects are subject to the terms and conditions of the permit during the
period of temporary coverage.
"Qualified Person" -a person knowledgeable in the principles and practice of erosion and
sediment controls and pollution prevention, who possesses the appropriate skills and training to
assess conditions at the construction site that could impact stormwater quality, and the
appropriate skills and training to assess the effectiveness of any stormwater controls selected
and installed to meet the requirements of this permit.
"Receiving Water" -a "Water of the United States" as defined in 40 CFR §122.2 into which the
regulated stormwater discharges.
"Run-On" -sources of stormwater that drain from land located upslope or upstream from the
regulated site in question.
"Semi-Arid Areas" -areas with an average annual rainfall of 10 to 20 inches.
"Shared Control" -for the purposes of this permit, a stormwater control, such as a sediment basin
or pond, used by two or more operators that is installed and maintained for the purpose of
minimizing and controlling pollutant discharges from a construction site with multiple operators
associated with a common plan of development or sale.
"Small Construction Activity" -defined at 40 CFR §122.26(b)(15) and incorporated here by
reference. A small construction activity includes clearing, grading, and excavating resulting in a
land disturbance that will disturb equal to or greater than one (1) acre and less than five (5)
acres of land or will disturb less than one (1) acre of total land area but is part of a larger
common plan of development or sale that will ultimately disturb equal to or greater than one (1)
acre and less than five (5) acres. Small construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, or
original purpose of the site.
"Small Residential Lot" -for the purpose of this permit, a lot being developed for residential
purposes that will disturb less than 1 acre of land, but is part of a larger residential project that
will ultimately disturb greater than or equal to 1 acre.
"Snowmelt" -the conversion of snow into overland stormwater and ground water flow as a result
of warmer temperatures.
"Spill" -for the purpose of this permit, the release of a hazardous or toxic substance from its
container or containment.
"Stabilization" -the use of vegetative and/or non-vegetative cover to prevent erosion and
sediment loss in areas exposed through the construction process.
"Steep Slopes" -where a state, tribe, local government, or industry technical manual (e.g.,
stormwater BMP manual) has defined what is to be considered a "steep slope", this permit's
definition automatically adopts that definition. Where no such definition exists, steep slopes are
automatically defined as those that are 15 percent or greater in grade.
"Storm Sewer System" -a conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains) designed or used for collecting or conveying stormwater.
"Stormwater" -stormwater runoff, snowmelt runoff, and surface runoff and drainage.
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"Stormwater Control" - refers to any best management practice or other method (including
narrative effluent limitations) used to prevent or reduce the discharge of pollutants to waters of
the United States.
"Stormwater Discharge Associated with Construction Activity" -as used in this permit, a
discharge of pollutants in stormwater to waters of the United States from areas where earth-
disturbing activities (e.g., clearing, grading, or excavation) occur, or where construction
materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck chute
washdown, fueling), or other industrial stormwater directly related to the construction process
(e.g., concrete or asphalt batch plants), are located.
"Stormwater Inlet" -a structure placed below grade to conduct water used to collect
stormwater runoff for conveyance purposes.
"Stormwater Team" -the group of individuals responsible for oversight of the development and
modifications of the SWPPP, and oversight of compliance with the permit requirements. The
individuals on the "Stormwater Team" must be identified in the SWPPP.
"Storm Event" - a precipitation event that results in a measurable amount of precipitation.
"Storm Sewer" - a system of pipes (separate from sanitary sewers) that carries stormwater runoff
from buildings and land surfaces.
"Subcontractor" -for the purposes of this permit, an individual or company that takes a portion
of a contract from the general contractor or from another subcontractor.
"SWPPP" (Stormwater Pollution Prevention Plan) -a site-specific, written document that, among
other things: (1) identifies potential sources of stormwater pollution at the construction site; (2)
describes stormwater controls to reduce or eliminate pollutants in stormwater discharges from
the construction site; and (3) identifies procedures the operator will implement to comply with
the terms and conditions of this general permit.
"Temporary Stabilization" -a condition where exposed soils or disturbed areas are provided
temporary vegetative and/or non-vegetative protective cover to prevent erosion and sediment
loss. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other
techniques to reduce or eliminate erosion until either final stabilization can be achieved or until
further construction activities take place to re-disturb this area.
"Thawing Conditions"-for the purposes of this permit, thawing conditions are expected based
on the historical likelihood of two or more days with daytime temperatures greater than 32°F.This
date can be determined by looking at historical weather data. Note: the estimation of thawing
conditions is for planning purposes only. During construction the permittee will be required to
conduct site inspections based upon actual conditions (i.e., if thawing conditions occur sooner
than expected, the permittee will be required to conduct inspections at the regular frequency).
"Threatened Species" - defined in the Endangered Species Act at 16 U.S.C. 1531 as any species
which is likely to become an endangered species within the foreseeable future throughout all or
a significant portion of its range.
"Tier 2 Waters" -for antidegradation purposes, pursuant to 40 CFR 131.12(a)(2), those waters that
are characterized as having water quality that exceeds the levels necessary to support
propagation of fish, shellfish, and wildlife and recreation in and on the water.
"Tier 2.5 Waters" -for antidegradation purposes, those waters designated by states or tribes as
requiring a level of protection equal to and above that given to Tier 2 waters, but less than that
given Tier 3 waters. Some states have special requirements for these waters.
"Tier 3 Waters"-for antidegradation purposes, pursuant to 40 CFR 131.12(a)(3),Tier 3 waters are
identified by states as having high quality waters constituting an Outstanding National Resource
Page A-10 of 12
2017 Construction General Permit (CGP) (as modified)
Water (ONRW), such as waters of National Parks and State Parks,wildlife refuges, and waters of
exceptional recreational or ecological significance.
"Total Maximum Daily Load" or "TMDL" -the sum of the individual wasteload allocations (WLAs)
for point sources and load allocations (LAs) for nonpoint sources and natural background. If
receiving water has only one point source discharger, the TMDL is the sum of that point source
WLA plus the LAs for any nonpoint sources of pollution and natural background sources,
tributaries, or adjacent segments.TMDLs can be expressed in terms of mass per time, toxicity, or
other appropriate measure.
"Toxic Waste" -see "Hazardous Substances."
"Treatment Chemicals" - polymers, flocculants, or other chemicals used to reduce turbidity in
stormwater.
"Turbidity" -a condition of water quality characterized by the presence of suspended solids
and/or organic material.
"Uncontaminated Discharge" -in the context of authorized non-stormwater discharges, a
discharge that does not cause or contribute to an exceedance of applicable water quality
standards.
"Upland" -the dry land area above and 'landward' of the ordinary high water mark.
"Upset"- Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond
your reasonable control. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation. See 40 CFR 122.41 (n)(1).
"Water-Dependent Structures"-structures or facilities that are required to be located directly
adjacent to a waterbody or wetland, such as a marina, pier, boat ramp, etc.
"Water Quality Standards" -defined in 40 CFR § 131.3, and are provisions of state or federal law
which consist of a designated use or uses for the waters of the United States, water quality
criteria for such waters based upon such uses, and an antidegradation policy to protect high-
quality waters. Water quality standards protect the public health or welfare, enhance the
quality of water and serve the purposes of the Act.
"Waters of the United States"-see definition at 40 CFR 122.2.
"Wetland" -those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. On-site evaluations are typically
required to confirm the presence and boundaries of wetlands.
1. Acronyms
ACHP-Advisory Council on Historic Preservation
BMP- Best Management Practice
CBI -Confidential Business Information
CGP-Construction General Permit
CFR- Code of Federal Regulations
CWA- Clean Water Act
Page A-1 1 of 12
2017 Construction General Permit (CGP) (as modified)
CZMA- Coastal Zone Management Act
ECHO- EPA Enforcement and Compliance History Online
ELG- Effluent Limitations Guideline
EPA- United States Environmental Protection Agency
ESA- Endangered Species Act
FIR-Federal Register
MS4-Municipal Separate Storm Sewer System
MSGP- Multi-Sector General Permit
NEPA- National Environmental Policy Act
NeT- NPDES eReporting Tool
NHPA- National Historic Preservation Act
NMFS- United States National Marine Fisheries Service
NPDES- National Pollutant Discharge Elimination System
NOI - Notice of Intent
NOT- Notice of Termination
NPDES- National Pollutant Discharge Elimination System
NRC-National Response Center
NRCS-National Resources Conservation Service
NSPS- New Source Performance Standards
ONRW-Outstanding National Resource Water
PAM - Polyacrylamide
POTW-Publicly Owned Treatment Works
RUSLE- Revised Universal Soil Loss Equation
SIDS -Safety Data Sheet
SHPO-State Historic Preservation Office
SPCC-Spill Prevention Control and Countermeasure
SWPPP-Stormwater Pollution Prevention Plan
THPO-Tribal Historic Preservation Office
TMDL-Total Maximum Daily Load
TSS-Total Suspended Solids
UIC- Underground Injection Control
USDA-United States Department of Agriculture
USFWS - United States Fish and Wildlife Service
USGS - United States Geological Survey
WQS- Water Quality Standard
Page A-12 of 12
2017 Construction General Permit (CGP)
Appendix B - Permit Areas Eligible for Coverage and EPA Regional Addresses
Permit coverage for stormwater discharges from construction activity occurring within the
following areas is provided by legally separate and distinctly numbered permits.
B.1 EPA Region 1
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 1:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
CTR101000 Indian country within the State of Connecticut
MAR100000 Commonwealth of Massachusetts (except Indian country)
MAR101000 Indian country within the State of Massachusetts
NHR100000 State of New Hampshire
111I111101000 Indian country within the State of Rhode Island
VTR10F000 Areas in the State of Vermont subject to construction by a Federal
Operator
01 R101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 1 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 1 Address:
U.S. EPA Region 1
Office of Ecosystem Protection
Stormwater and Construction Permits Section
5 Post Office Square, Suite 100
(OEP 06-1)
Boston, MA 02 1 09-39 1 2
B.2 EPA Region 2
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 2:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
NYR101000 Indian country within the State of New York
PRR100000 Commonwealth of Puerto Rico
02R101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 2 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
Page B-1 of 6
2017 Construction General Permit
EPA Region 2 Address:
For Puerto Rico:
U.3. EPA Region 2
Caribbean Environmental Protection Division
NPDES3tornnwmte/ Program
City View Plaza U -Suite 7O00
48 Rd. 165 Km 12
Guaynobo' PRO0Y68-8O69
For New York:
U.S. EPA Region 2
NPIDES StormvvoterProgrorn
29O Broadway, 24thFloor
New York, NY 10007'1866
8.3 EPA Region 3
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 3:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
DCR700000 District ofColumbia
DER1101`000 Areas in the State of Delaware subject |oconstruction by Federal
Operator
VAR701000 Indian country within the State ofVirginia
03Ql0000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 3 outside the areas of coverage identified above,
please contact your state NPOES permitting authority to obtain coverage under state-issued
NPDES permit.
EPA Region 3 Address:
U.S. EPA Region 3
Office ofNPDES Permits and Enforcement
NPIDES Permits Branch, Mui|code3VVP4l
l65U Arch Street
Philadelphia, PAl9lO3
13.4 EPA Region 4
The permit offers coverage for storrnvvoterdischarges from construction activity from the
following areas in EPA Region 4:
Permit No. Areas of Coverage/Where EPA is Permiffing Authorit
ALRl011000 Indian country within the State of Alabama
FiR7011000 Indian country within the State of Florida
MS11101000 Indian country within the State ofMississippi
NCIR701000 Indian country within the State of North Carolina
04Rl0000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program (except Catawba
lands in South Carolina)
Page B-2of6
2017 Construction General Permit (CGP)
For stormwater discharges in EPA Region 4 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 4 Address:
U.S. EPA Region 4
Water Protection Division
NPDES Stormwater Program
Atlanta Federal Center
61 Forsyth Street SW
Atlanta, GA 30303-3104
B.5 EPA Region 5
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 5:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
IR101000 Indian country within the State of Michigan
NR101000 Indian country within the State of Minnesota
IR101000 Indian country within the State of Wisconsin, except the Sokaogon
Chippewa (Mole Lake) Community
05R101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 5 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 5 Address:
U.S. EPA Region 5
NPDES Program Branch
77 W. Jackson Blvd.
Mail Code WN16J
Chicago, IL 60604-3507
B.6 EPA Region 6
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 6:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
LAR101000 Indian country within the State of Louisiana
NMR100000 State of New Mexico, except Indian country
NR101000 Indian country within the State of New Mexico, except Navajo
Reservation Lands that are covered under Arizona permit AZR101000
and Ute Mountain Reservation Lands that are covered under Colorado
permit COR101000.
OK11101000 Indian country within the State of Oklahoma
0KR10F000 Discharges in the State of Oklahoma that are not under the authority of
the Oklahoma Department of Environmental Quality, including activities
associated with oil and gas exploration, drilling, operations, and
Page B-3 of 6
2017 Construction General Permit (CGP)
Permit No. Areas of Coverage/Where EPA is Permitting Authority
pipelines (includes SIC Groups 13 and 46, and SIC codes 492 and 5171),
and point source discharges associated with agricultural production,
services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09).
TXR10F000 Discharges in the State of Texas that are not under the authority of the
Texas Commission on Environmental Quality (formerly TNRCC), including
activities associated with the exploration, development, or production
of oil or gas or geothermal resources, including transportation of crude
oil or natural gas by pipeline.
TXR101000 Indian country within the State of Texas
06R101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 6 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 6 Address:
U.S. EPA Region 6
NPDES Stormwater Program (WQ-PP)
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
B.7 EPA Region 7
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 7:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
I101000 Indian country within the State of Iowa
SR101000 Indian country within the State of Kansas
NE101000 Indian country within the State of Nebraska, except Pine Ridge
Reservation lands (see Region 8)
07101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 7 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 7 Address:
U.S. EPA Region 7
NPDES Stormwater Program
11201 Renner Blvd
Lenexa, KS 66219
B.8 EPA Region
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 8:
Page B-4 of 6
2017 Construction General Permit (CGP)
Permit No. Areas of Coverage/Where EPA is Permitting Authority
C011101`000 Areas in the State of Colorado, except those located on Indian country,
subject to construction activity by a Federal Operator
C011101000 Indian country within the State of Colorado, as well as the portion of the
Ute Mountain Reservation located in New Mexico
TR101000 Indian country within the State of Montana
NDR101000 Indian country within the State of North Dakota, as well as that portion of
the Standing Rock Reservation located in South Dakota (except for the
portion of the lands within the former boundaries of the Lake Traverse
Reservation which is covered under South Dakota permit SDR101000
listed below)
011101000 Indian country within the State of South Dakota, as well as the portion of
the Pine Ridge Reservation located in Nebraska and the portion of the
lands within the former boundaries of the Lake Traverse Reservation
located in North Dakota (except for the Standing Rock Reservation
which is covered under North Dakota permit NDR101000 listed above)
UTR101000 Indian country within the State of Utah, except Goshute and Navajo
Reservation lands (see Region 9)
YR101000 Indian country within the State of Wyoming
08R101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
For stormwater discharges in EPA Region 8 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 8 Address:
EPA Region 8 Storm Water Program
Mailcode: 8P-W-WW
1595 Wynkoop Street
Denver, CO 80202-1 129
B.9 EPA Region 9
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 9:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
ASR100000 Island of American Samoa
AZR101000 Indian country within the State of Arizona, as well as Navajo Reservation
lands in New Mexico and Utah
CAR101000 Indian country within the State of California
GUR100000 Island of Guam
JAR100000 Johnston Atoll
MPR100000 Commonwealth of the Northern Mariana Islands
MWR100000 Midway Island and Wake Island
NVR101000 Indian country within the State of Nevada, as well as the Duck Valley
Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the
Goshute Reservation in Utah
09R101000 All areas of Indian country not identified above that are not already
covered by an EPA-approved permitting program
Page B-5 of 6
2017 Construction General Permit (CGP)
For stormwater discharges in EPA Region 9 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 9 Address:
U.S. EPA Region 9
Water Division
NPDES Stormwater Program (WTR-2-3)
75 Hawthorne Street
San Francisco, CA 94105-3901
8.10 EPA Region 10
The permit offers coverage for stormwater discharges from construction activity from the
following areas in EPA Region 10:
Permit No. Areas of Coverage/Where EPA is Permitting Authority
AKR101000 Indian country lands as defined in 18 U.S.C. 1151 within the State of
Alaska
AK10F000 Denali National Park and Preserve
ID100000 State of Idaho, except Indian country
ID101000 Indian country within the State of Idaho, except Duck Valley Reservation
lands (see Region 9)
OR101000 Indian country within the State of Oregon, except Fort McDermitt
Reservation lands (see Region 9)
WAR101`000 Areas in the State of Washington, except those located on Indian
country, subject to construction activity by a Federal Operator
AR101000 Indian country within the State of Washington
For stormwater discharges in EPA Region 10 outside the areas of coverage identified above,
please contact your state NPDES permitting authority to obtain coverage under a state-issued
NPDES permit.
EPA Region 10 Address:
U.S. EPA Region 10
NPDES Stormwater Program
1200 6th Avenue (OWW-191)
Seattle, WA 98101-3140
Page B-6 of 6
2017 Construction General Permit (CGP)
Appendix C - Small Construction Waivers and Instructions
These waivers are only available to stormwater discharges associated with small construction
activities (i.e., 1-5 acres). As the operator of a small construction activity, you may be able to
qualify for a waiver in lieu of needing to obtain coverage under this general permit based on:
(A) a low rainfall erosivity factor, (B) a TMDL analysis, or (C) an equivalent analysis that
determines allocations for small construction sites are not needed. Each operator, otherwise
needing permit coverage, must notify EPA of its intention for a waiver. It is the responsibility of
those individuals wishing to obtain a waiver from coverage under this general permit to submit a
complete and accurate waiver certification as described below. Where the operator changes
or another is added during the construction project, the new operator must also submit a waiver
certification to be waived.
CA Rainfall Erosivity Waiver
Under this scenario the small construction project's rainfall erosivity factor calculation ("R" in the
Revised Universal Soil Loss Equation) is less than five during the period of construction activity.The
operator must certify to EPA that construction activity will occur only when the rainfall erosivity
factor is less than five. The period of construction activity begins at initial earth disturbance and
ends with final stabilization. Where vegetation will be used for final stabilization, the date of
installation of a stabilization practice that will provide interim non-vegetative stabilization can be
used for the end of the construction period, provided the operator commits (as a condition of
waiver eligibility) to periodically inspect and properly maintain the area until the criteria for final
stabilization as defined in the CGP have been met. If use of this interim stabilization eligibility
condition was relied on to qualify for the waiver, signature on the waiver with its certification
statement constitutes acceptance of and commitment to complete the final stabilization
process. The operator must submit a waiver certification to EPA prior to commencing
construction activities.
Note: The rainfall erosivity factor"R" is determined in accordance with Chapter 2 of
Agriculture Handbook Number 703, Predicting Soil Erosion by Water:A Guide to
Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), pages 21-64,
dated January 1997; United States Department of Agriculture (USDA), Agricultural Research
Service.
EPA has developed an online rainfall erosivity calculator to help small construction sites
determine potential eligibility for the rainfall erosivity waiver. You can access the calculator from
EPA's website at: https://www.epa.aov/npdes/rainfall-erosivity-factor-calculator-small-
construction-sites.The R factor can easily be calculated by using the construction site
latitude/longitude or address and estimated start and end dates of construction. This calculator
may also be useful in determining the time periods during which construction activity could be
waived from permit coverage. You may find that moving your construction activity by a few
weeks or expediting site stabilization will allow you to qualify for the waiver. Use this online
calculator or the Construction Rainfall Erosivity Waiver Fact Sheet
(httos://www.epa.gov/sites/r)roduction/files/2015-10/documents/fact3-1 pdf) to assist in
determining the R Factor for your small construction site.
If you are the operator of the construction activity and eligible for a waiver based on low
erosivity potential, you can submit a rainfall erosivity waiver electronically via EPA's NPDES
eReporting Tool (NeT) (httos://www.epa.gov/npdes/stormwater-discharges-construction-
activities#ereporting), unless you received a waiver from your EPA Regional Office (see Part 1.4.1
of the CGP for information about receiving a waiver from electronic reporting).
Page C-1 of 3
2017 Construction General Permit (CGP)
Note: If the R factor is five or greater, you do not qualify for the rainfall erosivity waiver, and
must obtain coverage under an NPDES permit (e.g., the CGP), unless you qualify for the
Water Quality Waiver as described in section B below.
If your small construction project continues beyond the projected completion date given on the
waiver certification, you must recalculate the rainfall erosivity factor for the new project
duration. If the R factor is below five, you must update all applicable information on the waiver
certification and retain a copy of the revised waiver as part of your records. The new waiver
certification must be submitted prior to the projected completion date listed on the original
waiver form to assure your exemption from permitting requirements is uninterrupted. If the new R
factor is five or above, you must obtain NPDES permit coverage.
C.2 TMDL Waiver
This waiver is available if EPA has established or approved a TMDL that addresses the pollutant(s)
of concern for the impaired water and has determined that controls on stormwater discharges
from small construction activity are not needed to protect water quality.The pollutant(s) of
concern include sediment (such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any waterbody that will receive a
discharge from the construction activity. Information on TMDLs that have been established or
approved by EPA is available from EPA online at https://www.epa.gov/tmdl and from state and
tribal water quality agencies.
If you are the operator of the construction activity and eligible for a waiver based on
compliance with an EPA-established or approved TMDL, you must provide the following
information in order to be waived from permitting requirements:
1. Name, address and telephone number of the construction site operator(s);
2. Name (or other identifier), address, county or similar governmental subdivision, and
latitude/longitude of the construction project or site;
3. Estimated construction start and completion (i.e., final stabilization) dates, and total
acreage (to the nearest quarter acre) to be disturbed;
4. The name of the waterbody(s) that would be receiving stormwater discharges from your
construction project;
5. The name and approval date of the TMDL;
6. A statement, signed and dated by an authorized representative as provided in Appendix
I, Subsection I.1 1, that certifies that the construction activity will take place and that the
stormwater discharges will occur,within the drainage area addressed by the TMDL.
C.3 Equivalent Analysis Waiver
This waiver is available for discharges to non-impaired waters only. The operator can develop an
equivalent analysis that determines allocations for his/her small construction site for the
pollutant(s) of concern or determines that such allocations are not needed to protect water
quality. This waiver requires a small construction operator to develop an equivalent analysis
based on existing in-stream concentrations, expected growth in pollutant concentrations from
all sources, and a margin of safety.
If you are a construction operator who wants to use this waiver, you must develop your
equivalent analysis and provide the following information to be waived from permitting
requirements:
1. Name, address and telephone number of the construction site operator(s);
Page C-2 of 3
2017 Construction General Permit (CGP)
2. Name (or other identifier), address, county or similar governmental subdivision, and
latitude/longitude of the construction project or site;
3. Estimated construction start and completion (i.e., final stabilization) dates, and total
acreage (to the nearest quarter acre) to be disturbed;
4. The name of the waterbody(s) that would be receiving stormwater discharges from your
construction project;
5. Your equivalent analysis;
6. A statement, signed and dated by an authorized representative as provided in Appendix
I,Subsection I.1 1, that certifies that the construction activity will take place and that the
stormwater discharges will occur, within the drainage area addressed by the equivalent
analysis.
CA Waiver Deadlines and Submissions
1. Waiver certifications must be submitted prior to commencement of construction
activities.
2. If you submit a TMDL or equivalent analysis waiver request, you are not waived until EPA
approves your request. As such, you may not commence construction activities until
receipt of approval from EPA.
3. Late Notifications: Operators are not prohibited from submitting waiver certifications after
initiating clearing, grading, excavation activities, or other construction activities. The
Agency reserves the right to take enforcement for any unpermitted discharges that
occur between the time construction commenced and waiver authorization is granted.
Submittal of a waiver certification is an optional alternative to obtaining permit coverage for
discharges of stormwater associated with small construction activity, provided you qualify for the
waiver. Any discharge of stormwater associated with small construction activity not covered by
either a permit or a waiver may be considered an unpermitted discharge under the Clean
Water Act. As mentioned above, EPA reserves the right to take enforcement for any
unpermitted discharges that occur between the time construction commenced and either
discharge authorization is granted or a complete and accurate waiver certification is submitted.
EPA may notify any operator covered by a waiver that they must obtain NPDES permit
coverage. EPA may notify any operator who has been in non-compliance with a waiver that
they may no longer use the waiver for future projects. Any member of the public may petition
EPA to take action under this provision by submitting written notice along with supporting
justification.
Complete and accurate TMDL or equivalent analysis waiver requests must be sent to the
applicable EPA Regional Office address specified in Appendix B.
Page C-3 of 3
2017 Construction General Permit (CGP)
Appendix D - Eligibility Procedures Relating to Threatened and Endangered Species
Protection
In accordance with Part 1.1.5 of the CGP, you must follow the procedures in this appendix to
determine your eligibility under one of the criteria in Part D.1 of this appendix with respect to the
protection of federally listed threatened or endangered species and federally designated
"critical habitat" [hereinafter"threatened and endangered species"] under the Endangered
Species Act (ESA) from discharges and discharge-related activities authorized under this permit.
If you do not meet one of these criteria, you are not eligible for coverage under this permit.
While coordination between you and the U.S. Fish and Wildlife Service (USFWS) and/or the
National Marine Fisheries Service (NMFS)(together, the "Services") is not necessarily required in all
cases, EPA encourages you to coordinate with the Services, to document that coordination,
and to do so early in the planning process prior to submitting your NOI.
This appendix is organized as follows:
• Part 13.1: Threatened and Endangered Species Protection Eligibility Criteria
• Part D.2: Procedures for Determining Which Threatened and Endangered Species
Protection Criteria Applies
D.1 Threatened and Endangered Species Protection Eligibility Criteria
You must certify in your NOI that you meet one of the eligibility criteria listed below in order to be
eligible for coverage under this permit. Once you determine the applicable eligibility criterion,
you must:
• Specify the basis for your selection of the applicable eligibility criterion, and if required,
provide documentation that is the basis for your determination with the NOI form; and
• Provide documentation in your SWPPP that is sufficient to support your determination that
you satisfy the requirements of the applicable criterion.
The definition of "action area," which is contained in Appendix A, is repeated below for
convenience.
"Action Area"-all areas to be affected directly or indirectly by the federal action and not merely the
immediate area involved in the action. For the purposes of this permit and for application of the
Endangered Species Act requirements,the following areas are included in the definition of action area:
• The areas on the construction site where stormwater discharges originate and flow toward the
point of discharge into the receiving waters (including areas where excavation, site
development, or other ground disturbance activities occur) and the immediate vicinity.
(Example: Where bald eagles nest in a tree that is on or bordering a construction site and could
be disturbed by the construction activity or where grading causes stormwater to flow into a
small wetland or other habitat that is on the site that contains listed species.)
• The areas where stormwater discharges flow from the construction site to the point of discharge
into receiving waters. (Example: Where stormwater flows into a ditch,swale, or gully that leads
to receiving waters and where listed species (such as listed amphibians) are found in the ditch,
swale, or gully.)
• The areas where stormwater from construction activities discharge into receiving waters and
the areas in the immediate vicinity of the point of discharge. (Example: Where stormwater from
construction activities discharges into a stream segment that is known to harbor listed aquatic
species.)
• The areas where stormwater controls will be constructed and operated, including any areas
where stormwater flows to and from the stormwater controls. (Example: Where a stormwater
retention pond would be built.)
Page D-1 of 8
2017 Construction General Permit (CGP)
Criterion A. No ESA-listed species and/or designated critical habitat present in action area. Using the process
outlined in Appendix D of this permit,you certify that ESA-listed species and designated critical
habitat(s) under the jurisdiction of the USFWS or NMFS are not likely to occur in your site's "action
area" as defined in Appendix A of this permit.
Basis statement content:A basis statement supporting the selection of this criterion should identify
the USFWS and NMFS information sources used. Attaching aerial image(s) of the site to this NOI is
helpful to EPA, USFWS, and NMFS in confirming eligibility under this criterion. Please Note: NMFS'
jurisdiction includes ESA-listed marine and estuarine species that spawn in inland rivers.
Criterion B. Eligibility requirements met by another operator under the 2017 CGP.The construction site's
discharges and discharge-related activities were already addressed in another operator's valid
certification of eligibility for your"action area" under eligibility Criterion A, C, D, E, or F of the 2017
CGP and you have confirmed that no additional ESA-listed species and/or designated critical
habitat under the jurisdiction of USFWS and/or NMFS not considered in the that certification may
be present or located in the "action area." To certify your eligibility under this criterion,there
must be no lapse of NPDES permit coverage in the other CGP operator's certification. By
certifying eligibility under this criterion,you agree to comply with any conditions upon which the
other CGP operator's certification was based. You must include in your NOI the NPDES ID from
the other 2017CGP operator's notification of authorization under this permit. If your certification is
based on another 2017 CGP operator's certification under criterion C,you must provide EPA with
the relevant supporting information required of existing dischargers in criterion C in your NOI form.
Basis statement content: A basis statement supporting the selection of this criterion should identify
the eligibility criterion of the other CGP NOI, the authorization date, and confirmation that the
authorization is effective.
Criterion C. Discharges not likely to adversely affect ESA-listed species and/or designated critical habitat.
ESA-listed species and/or designated critical habitat(s) under the jurisdiction of the USFWS and/or
NMFS are likely to occur in or near your site's "action area," and you certify to EPA that your site's
discharges and discharge-related activities are not likely to adversely affect ESA-listed
threatened or endangered species and/or designated critical habitat. This certification may
include consideration of any stormwater controls and/or management practices you will adopt
to ensure that your discharges and discharge-related activities are not likely to adversely affect
ESA-listed species and/or designated critical habitat. To certify your eligibility under this criterion,
indicate 1) the ESA-listed species and/or designated habitat located in your"action area" using
the process outlined in Appendix D of this permit; 2) the distance between the site and the listed
species and/or designated critical habitat in the action area (in miles); and 3) a rationale
describing specifically how adverse effects to ESA-listed species will be avoided from the
discharges and discharge-related activities. You must also include a copy of your site map from
your SWPPP showing the upland and in-water extent of your"action area" with this NOI.
Basis statement content: A basis statement supporting the selection of this criterion should identify
the information resources and expertise (e.g.,state or federal biologists) used to arrive at this
conclusion. Any supporting documentation should explicitly state that both ESA-listed species
and designated critical habitat under the jurisdiction of the USFWS and/or NMFS were considered
in the evaluation.
Criterion D. Coordination with USFWS and/or NMFS has successfully concluded. Coordination between you
and the USFWS and/or NMFS has concluded. The coordination must have addressed the effects
of your site's discharges and discharge-related activities on ESA-listed species and/or designated
critical habitat under the jurisdiction of USFWS and/or NMFS, and resulted in a written
concurrence from USFWS and/or NMFS that your site's discharges and discharge-related
activities are not likely to adversely affect listed species and/or critical habitat. You must include
copies of the correspondence with the participating agencies in your SWPPP and this NOI.
Basis statement content: A basis statement supporting the selection of this criterion should identify
whether USFWS or NMFS or both agencies participated in coordination, the field office/regional
office(s) providing that coordination, and the date that coordination concluded.
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2017 Construction General Permit (CGP)
Criterion E. ESA Section 7 consultation has successfully concluded. Consultation between a Federal Agency
and the USFWS and/or NMFS under section 7 of the ESA has concluded. The consultation must
have addressed the effects of the construction site's discharges and discharge-related activities
on ESA-listed species and/or designated critical habitat under the jurisdiction of USFWS and/or
NMFS. To certify eligibility under this criterion, Indicate the result of the consultation:
I. biological opinion from USFWS and/or NMFS that concludes that the action in question
(taking into account the effects of your site's discharges and discharge-related
activities) is not likely to jeopardize the continued existence of listed species, nor the
destruction or adverse modification of critical habitat; or
ll. written concurrence from USFWS and/or NMFS with a finding that the site's discharges
and discharge-related activities are not likely to adversely affect ESA-listed species
and/or designated critical habitat.
You must include copies of the correspondence between yourself and the USFWS and/or NMFS
in your SWPPP and this NOL
Basis statement content: A basis statement supporting the selection of this criterion should identify
the federal action agencie(s) involved,the field office/regional offices) providing that
consultation, any tracking numbers of identifiers associated with that consultation (e.g., IPaC
number, PCTS number),and the date the consultation was completed.
Criterion F. Issuance of section 10 permit. Potential take is authorized through the issuance of a permit under
section 10 of the ESA by the USFWS and/or NMFS, and this authorization addresses the effects of
the site's discharges and discharge-related activities on ESA-listed species and designated
critical habitat. You must include copies of the correspondence between yourself and the
participating agencies in your SWPPP and your NOI.
Basis statement content: A basis statement supporting the selection of this criterion should identify
whether USFWS or NMFS or both agencies provided a section 10 permit, the field office/regional
offices) providing permit(s), any tracking numbers of identifiers associated with that consultation
(e.g., IPaC number, PCTS number),and the date the permit was granted.
You must comply with any applicable terms, conditions, or other requirements developed in the
process of meeting the eligibility criteria in this section to remain eligible for coverage under this
permit. Documentation of these requirements must be kept as part of your SWPPP (see Part
7.2.9.a).
NMFS will, within 14 days of submission of the NOI, advise EPA whether it believes the planned
discharges meet the eligibility criteria of not likely to adversely affect NMFS Listed Resources of
Concern, whether the eligibility criterion could be met with additional conditions; or whether the
eligibility criterion is not met. With respects to ESA issues, EPA recognizes NMFS expertise and will
carefully consider NMFS' determination in identifying eligibility for authorization, either with or
without additional conditions. In the event NMFS has placed a hold on your NOI, EPA will notify
you as to whether your discharges are authorized or whether an individual permit will be
required. If you do not hear from EPA within 14 days, you may assume that your discharge is
authorized without further conditions.
D.2 Procedures for Determining Which Threatened and Endangered Species Protection
Criterion Applies
You must follow the procedures in this Part to determine the criterion listed above under which
your site is eligible for permit coverage.
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2017 Construction General Permit (CGP)
D.2.1 Step 1 - Determine if Your Discharges and Discharge-Related Activities Were Already
Addressed in Another Operator's Valid Certification that Included Your Action Area.
If your discharges and discharge-related activities were already addressed in
another operator's valid certification that included your action area (e.g., a
general contractor or developer may have completed and filed an NOI for the
entire action area with the necessary ESA certifications (Criterion A, C, D, E, or F)),
you may select eligibility Criterion B on your NOI form.
By certifying eligibility under Criterion B, you must comply with any terms and
conditions imposed under the eligibility requirements of the criterion for which the
other operator has established eligibility (either Criterion A, C, D, E, or F) to ensure
that your discharges and discharge-related activities are protective of listed
species and/or critical habitat.
Note: If you are unable to meet these eligibility requirements, then you
may either establish eligibility under one of the other criterion, or you may
consider applying to EPA for an individual permit.
Under Criterion B, you must provide documentation in your SWPPP of any of these
terms and conditions, as well as the other operator's basis for establishing
eligibility. You must also provide a description of the basis for your selection of
Criterion B on your NOI form, including the eligibility criterion (A, C, D, E, or F) that
was certified to by the other operator, and must provide the NPDES ID from the
other operator's notification of authorization under this permit.
If your certification is based on another operator's certification under criterion C,
you must provide the documentation required in the NOI for criterion C, namely:
1) what federally listed species and/or designated habitat are located in your
"action area": and 2) the distance between your site and the listed species or
designated critical habitat (in miles).
• If discharges and discharge-related activities from your site were not addressed
in another operator's valid certification that included your action area, you must
follow the applicable procedures in Steps 2 through 5 below.
D.2.2 Step 2 - Determine if Listed Threatened or Endangered Species or their Designated
Critical Habitat(s) are Likely to Occur in your Site's Action Area
You must determine, to the best of your knowledge,whether species listed as either
threatened or endangered, or their critical habitat(s) (see definitions of these terms in
Appendix A), are located in your site's action area. To make this determination, you
should first determine if listed species and/or critical habitat are expected to exist in your
county or township.The U.S. Fish and Wildlife Service and National Marine Fisheries
Service maintain lists of federally listed endangered or threatened species on their
internet sites.
• For National Marine Fisheries Service species and critical habitat information, use
the following webpages, which provide up-to-date information on listed species
(httQ://www.nmfs.noaa.aov/Qr/species/esa/) and critical habitat
(http://www.nmfs.noaa.gov/lor/species/criticalhabitat.htm). To determine the
field office that corresponds to your site, go to http://www.nmfs.noaa.gov/
(under the left tab for "Regions").
For National Marine Fisheries Service species in the Greater Atlantic Region, go to
https://www.greateratlantic.fisheries.noaa.gov/protected/index.html.
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2017 Construction General Permit (CGP)
® For Fish and Wildlife Service species information, use the on-line mapping tool
IPaC (the Information, Planning, and Consultation System) located at
httQ://ecos.fws.aov/ipac/, and follow these steps:
o Select Get Started
o Select Enter Project Location
o Use an address, city name or other location to zoom into your project area
o Use the zoom feature to see the entire extent of your action area on the
screen
o Use one of the mapping features (e.g., Polygon or line feature) to draw your
action
• When you are done, press Continue.
• Select Request an Official Species List
• Complete the fields on the Official Species List Request page, and include
"(CGP)" at the end of the project description. - For Classification, select "Water
Quality Modification".
• Select the appropriate requesting agency/organization type (for most
dischargers, this should be "Other").
• Submit the request to acquire an Official Species List, which should show both
listed species as well as any designated critical habitat that are present in the
action area in the previous step.
• Note:If a link to an Official Species List is not available on the page, follow the
web link of the office(s) indicated, or contact the office directly by mail or phone
if a web link is not shown.
• If listed species and/or critical habitat may exist in your action area, you must do
one or more of the following:
o Conduct visual inspections. This method may be particularly suitable for
construction sites that are smaller in size or located in non-natural settings
such as highly urbanized areas or industrial parks where there is little or no
natural habitat, or for construction activities that discharge directly into
municipal stormwater collection systems.
o Conduct a formal biological survey. In some cases, particularly for larger
construction sites with extensive stormwater discharges, biological surveys
may be an appropriate way to assess whether species are located in the
action area and whether there are likely to be adverse effects to such
species. Biological surveys are frequently performed by environmental
consulting firms.
o If required, conduct an environmental assessment under the National
Environmental Policy Act (NEPA). Some construction activities might require
review under NEPA for specific reasons, such as federal funding or other
federal involvement in the project. Note: Coverage under the CGP does not
trigger such a review for individual projects/sites. EPA has complied with NEPA
in the issuance of the CGP.
and
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2017 Construction General Permit (CGP)
o Follow the instructions in Steps 3-5 below, as applicable. Note that many but
not all measures imposed to protect listed species under these steps will also
protect critical habitat. Thus, meeting the eligibility requirements of this CGP
may require measures to protect critical habitat that are separate from those
to protect listed species.
• If there are no listed species and no critical habitat areas in your action area, you
may check eligibility criterion A on your NOI form. You must also provide a
description of the basis for the criterion selected on your NOI form and provide
documentation supporting the criterion selected in your SWPPP.
D.2.3 Step 3 - Determine if the Construction Activity's Discharges or Discharge-Related
Activities Are Likely to Adversely Affect Listed Threatened or Endangered Species or
Designated Critical Habitat
If in Step 2 you determine that listed species and/or critical habitat could exist in your
action area, you must next assess whether your discharges or discharge-related activities
are likely to adversely affect listed threatened or endangered species or designated
critical habitat.
Potential adverse effects from discharges and discharge-related activities include:
• Hydrological.Stormwater discharges may cause siltation, sedimentation, or
induce other changes in receiving waters such as temperature, salinity, or pH.
These effects will vary with the amount of stormwater discharged and the volume
and condition of the receiving water. Where a stormwater discharge constitutes
a minute portion of the total volume of the receiving water, adverse hydrological
effects are less likely. Construction activity itself may also alter drainage patterns
on a site where construction occurs that can impact listed species or critical
habitat.
• Habitat. Excavation, site development, grading, and other surface disturbance
activities from construction activities, including the installation or placement of
stormwater controls, may adversely affect listed species or their habitat.
Stormwater may drain or inundate listed species habitat.
• Toxicity. In some cases, pollutants in stormwater may have toxic effects on listed
species.
The scope of effects to consider will vary with each site. If you are having difficulty
determining whether your project is likely to adversely affect listed species or critical
habitat, or one of the Services has already raised concerns to you, you should contact
the appropriate Services office for assistance.
• If adverse effects to listed threatened or endangered species or their critical
habitat are not likely, then you may select eligibility criterion C on the NOI form.
You must provide the following specific information on your NOI form: 1) the
federally listed species and/or designated habitat are located in your "action
area"; and 2) the distance between your site and the listed species or
designated critical habitat (in miles). You must also provide a copy of your site
map with your NOI.
• If adverse effects to listed threatened or endangered species or their critical
habitat are likely, you must follow Step 4 below.
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D.2.4 Step 4 - Determine if Measures Can Be Implemented to Avoid Adverse Effects
If you make a preliminary determination in Step 3 that adverse effects from your
construction activity's discharges or discharge-related activities are likely to occur, you
can still receive coverage under eligibility criterion C of the CGP if appropriate measures
are undertaken to avoid or eliminate the likelihood of adverse effects prior to applying
for CGP coverage.
These measures may involve relatively simple changes to construction activities such as
re-routing a stormwater discharge to bypass an area where species are located,
relocating stormwater controls, or by modifying the "footprint" of the construction
activity. If you are unable to ascertain which measures to implement to avoid the
likelihood of adverse effects, you must coordinate or enter into consultation with the Fish
and Wildlife Service and/or National Marine Fisheries Service, in which case you would
not be eligible for coverage under eligibility criterion C, but may instead be eligible for
coverage under eligibility criterion D, E, or F (described in more detail in Step 5).
• If you are able to install and implement appropriate measures to avoid the
likelihood of adverse effects, then you may check eligibility criterion C on the NOI
form. The measures you adopt to avoid or eliminate adverse effects must be
implemented for the duration of the construction project and your coverage
under the CGP. You must also provide a description of the basis for the criterion
selected, and the following specific information on your NOI form: 1) the federally
listed species and/or designated habitat are located in your "action area"; and
2) the distance between your site and the listed species or designated critical
habitat (in miles).
• If you cannot ascertain which measures to implement to avoid the likelihood of
adverse effects, you must follow the procedures in Step 5.
D.2.5 Step 5 - Determine if the Eligibility Requirements of Criterion D, E, or F Can Be Met
If in Step 4 you cannot ascertain which measures to implement to avoid the likelihood of
adverse effects, you must contact the Fish and Wildlife Service and/or the National
Marine Fisheries Service. You may still be eligible for CGP coverage if likely adverse
effects can be addressed through meeting criterion D, E, or F.
• Criterion D: Coordination between you and the Services has concluded. The
coordination must have addressed the effects of your site's discharges and
discharge-related activities on federally-listed threatened or endangered species
and federally-designated critical habitat, and resulted in a written concurrence
from the relevant Service(s) that your site's discharges and discharge-related
activities are not likely to adversely affect listed species or critical habitat.
If you have met the requirements of criterion D, you may select eligibility criterion
D on the NO/ form. You must provide a description of the basis for the criterion
selected on your NOI form and must include copies of the correspondence
between you and the applicable Service in your SWPPP.
• Criterion E: Consultation between a Federal Agency and the U.S. Fish and Wildlife
Service and/or the National Marine Fisheries Service under section 7 of the ESA
has concluded. The consultation must have addressed the effects of the
construction site's discharges and discharge-related activities on federally-listed
threatened or endangered species and federally-designated critical habitat. The
result of this consultation must be either (1) a biological opinion that concludes
that the action in question (taking into account the effects of your site's
discharges and discharge-related activities) is not likely to jeopardize the
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2017 Construction General Permit (CGP)
continued existence of listed species, nor the destruction or adverse modification
of critical habitat; or (2) written concurrence from the applicable Service(s) with a
finding that the site's discharges and discharge-related activities are not likely to
adversely affect federally-listed species or federally-designated habitat.
For more information on section 7 consultation, see 50 CFR §402. If you receive a
"jeopardy opinion," you may continue to work with the Fish and Wildlife Service
and/or National Marine Fisheries Service and your permitting authority to modify
your project so that it will not jeopardize listed species or designated critical
habitat.
Note that most consultations are accomplished through informal consultation.
When conducting informal ESA section 7 consultation as a non-federal
representative,you must follow the procedures found in 50 CFR Part 402 of the
ESA regulations. You must notify the Services of your intention and agreement to
conduct consultation as a non-federal representative.
Consultation may also occur in the context of another federal action at the
construction site (e.g., where ESA section 7 consultation was performed for
issuance of a wetlands dredge and fill permit for the project or where a NEPA
review is performed for the project that incorporates a section 7 consultation).
Any terms and conditions developed through consultations to protect listed
species and critical habitat must be incorporated into the SWPPP. As noted
above, operators may, if they wish, initiate consultation with the Services at Step
Four.
Whether ESA section 7 consultation must be performed with either the Fish and
Wildlife Service, National Marine Fisheries Service, or both Services depends on
the listed species that may be affected by the operator's activity. In general, the
National Marine Fisheries Service has jurisdiction over marine, estuarine, and
anadromous species. Operators should also be aware that while formal section 7
consultation provides protection from incidental takings liability, informal
consultation does not.
If you have met the requirements of criterion E, you may select eligibility criterion E
on the NO/ form. You must provide a description of the basis for the criterion
selected on your NOI form and must include copies of the correspondence
between yourself and the Services in your SWPPP.
• Criterion F: Your construction activities are authorized through the issuance of a
permit under section 10 of the ESA, and this authorization addresses the effects of
the site's discharges and discharge-related activities on federally-listed species
and federally-designated critical habitat.
You must follow Fish and Wildlife Serivice and/or National Marine Fisheries Service
procedures when applying for an ESA section 10 permit (see 50 CFR §17.22(b)(1)
for Fish and Wildlife Service and §222.22 for National Marine Fisheries Service).
Application instructions for section 10 permits can be obtained from
http://www.fws.aov and http://www.nmfs.noaa.gov or by contacting the
appropriate Service office.
If you have met the requirements of criterion F, you may select eligibility criterion F
on the NOI form. You must provide a description of the basis for the criterion
selected on your NOI form and must include copies of the correspondence
between yourself and the Services in your SWPPP.
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Appendix E- Historic Property Screening Process
Background
Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to take
into account the effects of Federal "undertakings", such as the issuance of this permit, on historic
properties that are either listed on, or eligible for listing on, the National Register of Historic
Places. To address any issues relating to historic
properties in connection with the issuance of Key Terms
this permit, EPA developed the screening
process in this appendix that enables Historic property-prehistoric or historic districts,sites,
construction operators to appropriately buildings,structures,or objects that are included in
consider the potential impacts, if any, of their or eligible for inclusion in the National Register of
installation of stormwater controls on historic Historic Places,including artifacts,records,and
properties and to determine whether actions remains that are related to and located within such
can be taken, if applicable, to mitigate any properties
such impacts. Although the coverages of
individual construction sites under this permit do SHPO-The State Historic Preservation Officer for a
particular state
not constitute separate Federal undertakings,
the screening process in this appendix provides THPO or Tribal representative-The Tribal Historic
an appropriate site-specific means of Preservation Officer for a particular tribe or,if there is
addressing historic property issues in no THPO,the representative designated by such
connection with EPA's issuance of the permit. tribe for NHPA purposes
Instructions for All Construction Operators
You are required to follow the screening process in this appendix to determine if your installation
of stormwater controls on your site has the potential to cause effects to historic properties, and
whether or not you need to contact your SHPO, THPO, or other tribal representative for further
information. You may not submit your NOI until you have completed this screening process. The
following four steps describe how applicants can meet the historic property requirements under
this permit:
Step 1 Are you installing any stormwater controls that require subsurface earth
disturbance?I
The first step of the screening process is to determine if you will install stormwater controls that
cause subsurface earth disturbance.The installation of the following types of stormwater controls
require subsurface earth disturbance:2
• Dikes
• Berms
• Catch Basins
• Ponds
• Ditches
You are only required to consider earth-disturbing activities related to the installation of stormwater
controls in the NHPA screening process. You are not regired to consider other earth-disturbing activities at
the site. If you are installing one of the above stormwater controls or another type of control that requires
subsurface earth disturbance,your stormwater controls have the potential to have an effect on historic
properties. If this is the case,then you must proceed to Step 2.
2 This list is not intended to be exhaustive.Other stormwater controls that are not on this list may involve
earth-disturbing activities and must also be examined for the potential to affect historic properties.
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2017 Construction General Permit (CGP)
• Trenches
• Culverts
• Channels
• Perimeter Drains
• Swales
If you are not installing one of the above stormwater controls or another type of control that
requires subsurface earth disturbance, then you may indicate this on your NOI, and no further
screening is necessary. During the 14-day waiting period after submitting your NOI, the SHPO,
THPO, or other tribal representative may request that EPA hold up authorization based on
concerns about potential adverse effects to historic properties. EPA will evaluate any such
request and notify you if any additional controls to address adverse effects to historic properties
are necessary.
Step 2 Have prior professional cultural resource surveys or other evaluations determined
that historic properties do not exist, or have prior disturbances precluded the
existence of historic properties?
If you are installing a stormwater control that requires subsurface earth disturbance, you must
next determine if no historic properties exist on your site based on prior professional cultural
resource surveys or other evaluations, or if the existence of historic properties has been
precluded because of prior earth disturbances.
If prior to your project it has already been determined that no historic properties exist at your site
based on available information, including information that may be provided by your applicable
SHPO, THPO, or other tribal representative, then you may indicate this on your NOI, and no
further screening steps are necessary. Similarly, if prior earth disturbances have eliminated the
possibility that historic properties exist on your site, you may indicate this on your NOI, and no
further screening steps are necessary. After submitting your NOI, and during the 14-day waiting
period, the SHPO, THPO, or other tribal representative may request that EPA hold up
authorization based on concerns about potential adverse effects to historic properties. EPA will
evaluate any such request and notify you if any additional measures to address adverse effects
to historic properties are necessary.
If neither of these circumstances exists for your project, you must proceed to Step 3.
Step 3 If you are installing any stormwater controls that require subsurface earth
disturbance, you must determine if these activities will have an effect on historic
properties.
If your answer to the question in Step 2 is "no", then you must assess whether your earth-
disturbing activities related to the installation of stormwater controls will have an effect on
historic properties. This assessment may be based on historical sources, knowledge of the area,
an assessment of the types of earth-disturbing activities you are engaging in, considerations of
any controls and/or management practices you will adopt to ensure that your stormwater
control-related earth-disturbing activities will not have an effect on historic properties, and any
other relevant factors. If you determine based on this assessment that earth disturbances related
to the installation of your stormwater controls will have no effect on historic properties, you may
indicate this on your NOI, and document the basis for your determination in your SWPPP, and no
further screening steps are necessary. After submitting your NOI, and during the 14-day waiting
period, the SHPO, THPO, or other tribal representative may request that EPA hold up
authorization based on concerns about potential adverse effects to historic properties. EPA will
evaluate any such request and notify you if any additional measures to address adverse effects
to historic properties are necessary.
If none of the circumstances in Steps 1 - 3 exist for your project, you must proceed to Step 4.
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2017 Construction General Permit (CGP)
Step 4: If you are installing any stormwater controls that require subsurface earth
disturbance and you have not satisfied the conditions in Steps I - 3, you must
contact and consult with the appropriate historic preservation authorities.
Where you are installing stormwater controls that require subsurface earth disturbance, and you
cannot determine in Step 3 that these activities will have no effect on historic properties, then
you must contact the relevant SHPO, THPO, or other tribal representative to request their views
as to the likelihood that historic properties are potentially present on your site and may be
impacted by the installation of these controls.
Note: Addresses for SHPOs and THPOs may be found on the Advisory Council on Historic
Preservation's website (www.achp.gov/programs.htm/). If a tribe does not have a THPO,
you should contact the appropriate tribal government office designated by the tribe for
this purpose.
You must submit the following minimum information in order to properly initiate your request for
information:
1. Project name (i.e., the name or title most commonly associated with your project);
2. A narrative description of the project;
3. Name, address, phone and fax number, and email address (if available) of the operator;
4. Most recent U.S. Geological Survey (USGS) map section (7.5 minute quadrangle) showing
actual project location and boundaries clearly indicated; and
5. Sections of the SWPPP site map (see Part 7.2.4) that show locations where stormwater
controls that will cause subsurface earth disturbance will be installed (see Step 1).
Without submitting this minimum information, you will not have been considered to have
properly initiated your request. You will need to provide the SHPO,THPO, or other tribal
representative a minimum of 15 calendar days after they receive these materials to respond to
your request for information about your project.
If you do not receive a response within 15 calendar days after receipt by the SHPO, THPO, or
other tribal representative of your request, then you may indicate this on your NOI, and no
further screening steps are necessary. Or, if the applicable SHPO, THPO, or other tribal
representative responds to your request with an indication that no historic properties will be
affected by the installation of stormwater controls at your site, then you may indicate this on
your NOI, and no further screening steps are necessary. After submitting your NOI, and during
the 14-day waiting period, the SHPO,THPO, or other tribal representative may request that EPA
hold up authorization based on concerns about potential adverse effects to historic properties.
EPA will evaluate any such request and notify you if any additional measures to address adverse
effects to historic properties are necessary.
If within 15 calendar days of receipt of your request the applicable SHPO, THPO, or other tribal
representative responds with a request for additional information or for further consultation
regarding appropriate measures for treatment or mitigation of effects on historic properties
caused by the installation of stormwater controls on your site, you must comply with this request
and proceed to Step 5.
Step 5: Consultation with your applicable SHPO, THPO, or other tribal representative.
If, following your discussions with the appropriate historic preservation authorities in Step 4, the
applicable SHPO, THPO, or tribal represenative requests additional information or further
consultation, you must respond with such information or consult to determine impacts to historic
properties that may be caused by the installation of stormwater controls on your site and
appropriate measures for treatment or mitigation of such impacts. If as a result of your
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2017 Construction General Permit (CGP)
discussions with the applicable SHPO,THPO, or tribal representative, you enter into, and comply
with, a written agreement regarding treatment and/or mitigation of impacts on your site, then
you may indicate this on your NOI, and no further screening steps are necessary.
If, however, agreement on an appropriate treatment or mitigation plan cannot be reached
between you and the SHPO,THPO, or other tribal representative within 30 days of your response
to the SHPO, THPO, or other tribal representative's request for additional information or further
consultation, you may submit your NOI, but you must indicate that you have not negotiated
measures to avoid or mitigate such effects. You must also include in your SWPPP the following
documentation:
1. Copies of any written correspondence between you and the SHPO, THPO, or other tribal
representative: and
2. A description of any significant remaining disagreements as to mitigation measures
between you and the SHPO, THPO, or other tribal representative.
After submitting your NOI, and during the 14-day waiting period,the SHPO, THPO, ACHP or other
tribal representative may request that EPA place a hold on authorization based upon concerns
regarding potential adverse effects to historic properties. EPA, in coordination with the ACHP, will
evaluate any such request and notify you if any additional measures to address adverse effects
to historic properties are necessary.
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Appendix F - List of Tier 3, Tier 2, and Tier 2.5 Waters
EPA's CGP has special requirements for discharges to waters that receive Tier 2, Tier 2.5, or Tier 3
protections for antidegradation purposes. See Parts 1.1.8 and 3.2.
EPA's antidegradation regulation, at 40 CFR 131.12, provides a framework for maintaining and
protecting water quality for: (1) existing uses (known as "Tier 1"); (2) high quality waters by
establishing a process for authorizing the lowering of water quality where existing water quality
exceeds levels needed to support propagation of fish, shellfish, and wildlife and recreation in
and on the water (known as "Tier 2"); and (3) for Outstanding National Resource Waters (known
as "Tier 3"). While EPA's antidegradation regulation only outlines three levels of antidegradation
protection, some states and tribes include an additional level of antidegradation protection
between Tier 2 and Tier 3 (sometimes known as "Tier 2.5").
High quality (Tier 2) waters may be identified on a parameter-by-parameter basis or on a water
body-by-water body basis consistent with the requirements of 40 CFR 131 .12(a)(2). States and
tribes using a parameter-by-parameter basis (sometimes called a "pollutant-by-pollutant
approach") do not maintain a list of Tier 2 waters, but instead identify a high quality water at the
time an entity proposes an activity that would lower water quality. In contrast, states and tribes
using a water body-by-water body basis typically identify high quality waters in advance on a list
by weighing a variety of factors (e.g., chemical, physical, biological, and other information) to
classify a water body's overall quality.
The list below is provided as a resource for operators who must determine whether they
discharge to a Tier 2, Tier 2.5, or Tier 3 water. Where available, the table lists waters specifically
identified for Tier 2, Tier 2.5, or Tier 3 protection by a water quality standard authority (e.g., a state
or tribe). Operators should not assume that a water does not receive Tier 2, Tier 2.5, or Tier 3
protection solely based on the absence of information in this table. Evaluation regarding
antidegradation protections for a specific water may need to be done on a case-by-case basis,
especially where the state or tribe uses the parameter-by-parameter approach to identify
whether water quality is better than necessary to support propagation of fish, shellfish, and
wildlife and recreation in and on the water.
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Commonwealth of Massachusetts, except Indian Country lands
Tier 2, Tier 2.5, and 3 waters are identified and listed in the Massachusetts Water
Quality Standards 314 CMR 4.00. Surface water qualifiers that correspond with Tier
classifications are defined at 314 CMR 4.06(1)(d)m and listed in tables and figures
at the end of 314 CMR 4.06. See MassDEP's web page at:
http://www.mass..qov/eea/agencies/massdeQ/water/regulations/314-cmr-4-00-
mass-surface-water-quality-standards.html. See also:
MAR 100000 https://www.epa.gov/wgs-tech/water-quality-standards-regulations-
massachusetts
Tier 2 Listed as "High Quality Waters", and all wetlands that are not designated
as an Outstanding Resource Water.
Listed as "Outstanding Resource Water", "Public Water Supply",
Tier 2.5 "Tributary to Public Water Supply", all wetlands bordering Outstanding
Resource Waters, and vernal pools.
Tier 3 Defined as "Special Resource Water". Note: No waters have been
identified as a Special Resource Water as of the issuance of this permit.
Page F-1 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
State of New Hampshire
Tier 2 waters are identified on a parameter-by-parameter basis. Tier 2.5 and 3
waters are identified and listed in the New Hampshire Water Quality Standards
CHAPTER Env-Wq 1700. Description of the antidegradation tiers are included at
CHAPTER Env-Wq 1708 and listed in the tables at. New dischargers and new
sources should contact EPA Region 1's stormwater coordinator found at
httos://www.epa.gov/npdes/contact-us-stormwater#regional. See also:
https://www.epa.gov/wgs-tech/water-quality-standards-regulations-new-
NHR100000 hampshire
Env-Ws 1708.05(a) Surface waters of national forests and surface waters
designated as "natural" under RSA 483:7-a, I shall be considered
outstanding resource waters (ORW). "Natural waters" are listed at
Tier 3 http://www.gencourt.state.nh.us/rsa/html/L/483/483-15.htm. Surface
waters of national forests are not included in an official list. For further
questions, new dischargers and new sources should contact EPA Region
1 's stormwater coordinator found at
https://www.epa.gov/npdes/contact-us-stormwater#regional.
Saint Regis Mohawk Tribe (NY)
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
2.5 classification identified in the Saint Regis Mohawk Tribe Water Quality
Standards. New dischargers and new sources should contact EPA Region 2's
stormwater coordinator found at https://www.el2a.gov/npdes/contact-us-
stormwater#regional. See:
https://www.eQa.gov/sites/production/files/2014-12/documents/stregis-tribe.l2df
Outstanding Resource Waters. Those waters designated as such by the
Tribe. The Waters that may be considered for designation as Outstanding
NYR101000 Resource Waters include, but are not limited to,water bodies that are
recognized as: (i) Important because of protection through official
action, such as Tribal, Federal or State law, Presidential or secretarial
action, international treaty, or interstate compact; (ii) Having
Tier 3 exceptional recreational significance; (iii) Having exceptional ecological
significance; (iv) Having other special environmental, recreational,
religious or ecological attributes; or waters whose designation as
Outstanding Resource Waters is reasonably necessary for the protection
of other waters so designated. New dischargers and new sources should
contact EPA Region 2's stormwater coordinator found at
httQs://www.er)a.gov/ntpdes/contact-us-stormwater#regional.
Page F-2 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Commonwealth of Puerto Rico
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
2.5 classification identified in the Puerto Rico Water Quality Standards. New
dischargers and new sources should contact EPA Region 2's stormwater
coordinator found at httos://www.epa.gov/npdes/contact-us-
stormwater#regional. See:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-Puerto-rico
Tier III waters are those which are classified as either Class SA or Class SE.
Class SA waters are defined as "Coastal waters and estuarine waters of
high quality and/or exceptional ecological or recreational value whose
PRR100000 existing characteristics shall not be altered, except by natural causes, in
order to preserve the existing natural phenomena." Class SA waters
include bioluminiscent lagoons and bays such as La Parguera and
Monsio Jose on the Southern Coast, Bahia de Mosquito in Vieques, and
Tier 3 any other coastal or estuarine waters of exceptional quality of high
ecological value or recreational which may be designated by Puerto
Rico, through Resolution, as requiring this classification for protection of
the waters. Class SE waters are defined as ''Surface waters and wetlands
of exceptional ecological value,whose existing characteristics should
not be altered in order to preserve the existing natural phenomena."
Class SE waters include Laguna Tortuguero, Laguna Cartagena and any
other surface water bodies of exceptional ecological value as may be
designated by Puerto Rico through Resolution.
District of Columbia
New dischargers and new sources should contact EPA Region 3's stormwater
coordinator found at https://www.eloa.gov/npdes/contact-us-
stormwater#regional.Tier 2.5 waters are identified and listed in the District of
Columbia Water Quality Standards. See:
https://www.eQa.gov/was-tech/water-quality-standards-regulations-washington-
DCR 100000 do
Rule 1102.4 SPECIAL WATERS OF THE DISTRICT OF COLUMBIA (SWDC): Any
segment or segments of the surface waters of the District that are of
water quality better than needed for the current use or have scenic or
Tier 2.5 aesthetic importance shall be designated as Special Waters of the
District of Columbia (SWDC). Rock Creek and its tributaries and Battery
Kemble Creek and its tributaries are considered Special Waters of the
District of Columbia (SWDC) under its antidegradation program.
Miccosukee Tribe (FL)
New dischargers and new sources should contact EPA Region 4's stormwater
coordinator found at https://www.eQa.gov/npdes/contact-us-
FLR101000 stormwater#regional.The Miccosukee Tribe Water Quality Standards includes an
additional tier of protection between Tier 2 and 3 that is referred as Tier 2 3/4 for
Outstanding Miccosukee Waters. See:
httQs://www eQa aov/wqs-tech/water-quality-standards-regulations-miccosukee-
tribe-indians-Florida
Page F-3 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Outstanding Miccosukee Waters (OMW): The Miccosukee Tribe
recognizes that the waters of its Federal Reservation which are
contained within Water Conservation Area 3-A and the Miccosukee
Reserved Area constitute the Tribe's highest quality waters and must be
preserved in as pristine a condition as possible while at the same time
allowing for the activities of man. These ecologically important waters
are essential to the survival of the Miccosukee Tribe, therefore:The
Miccosukee Tribe hereby designates the waters of its Federal Reservation
which are contained within Water Conservation Area 3-A (North Grass,
South Grass, Gap) and Miccosukee Reserved Area as Class III-A and
Outstanding Miccosukee waters (OMW).The North Grass is defined as
that area bounded by the northern boundary of the reservation, the
eastern edge of the L-28 levee (which is east of the L-28 canal), the
southern edge of the C-60 Canal, and the eastern boundary of the
Tier 2 3/4 reservation. The South Grass is defined as the area bounded by southern
edge of the C-60 canal, the eastern boundary of the reservation, the
southern boundary of the reservation, the eastern edge of the L-28
canal (which is south of the L-28 Tieback Canal), a line running north
from the L-28 Canal (where the L-28 Canal turns northwest to become
the L-28 Tieback Canal) until this line intersects the oil pipeline, the center
of the oil pipeline until the oil pipeline intercepts the L-28 Interceptor
Canal, and the eastern edge of the L-28 levee (which is east of the L-28
Canal). The Gap is defined as that area which is bounded by the
southern boundary of the reservation, the western boundary of the
reservation, the northeastern edge of the L-28 Interceptor Canal, the oil
pipeline which runs generally south from the L-28 Interceptor Canal until
the pipeline intercepts a line running north from the L-28 Canal where
the L-28 canal turns northwest to become the L-28 Tieback Canal, and
the eastern edge of the L-28 canal (which is south of the L-28 Tieback
Canal).
Tier 3: Outstanding Natural Resource Waters (ONRW): Where high quality
waters constitute an Outstanding Tribal resource such as waters of parks
and wildlife refuges and waters of exceptional ecological and
Tier 3 recreational significance, that water quality shall be maintained and
protected.These waters shall be designated as Outstanding Natural
Resource Waters (ONRW). Currently, no Tribal waters are designated as
ONRW.
Seminole Tribe (FL)
New dischargers and new sources should contact EPA Region 4's stormwater
coordinator found at httos://www.er)a.-qov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/sites/production/files/2014-
12/documents/seminole floridawgs.pdf
Page F-4 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Fond du Lac Band of MN Chippewa
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
2.5 classification identified in the Fond du Lac Band of MN Chippewa Water
Quality Standards. New dischargers and new sources should contact EPA Region
5's stormwater coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional. See:
https://www.epa.gov/wgs-tech/`water-quality-standards-regulations-fond-du-lac-
bancl-rninnesota-chipj2�g-tr�ibe
Six Lakes are presently identified as Tier 3/Outstanding Reservation
Tier 3 Resource Waters (ORRW): (1) Dead Fish Lake; (2) Jaskari Lake; (3) Miller
(Mud) Lake; (4) Perch Lake; (5) Rice Portage Lake; (6) Wild Rice Lake.
Grand Portage Band of MN Chippewa
Tier 2 waters are identified on a parameter-by-parameter basis.Two subcategories
MNR101000 of protection (referred to as outstanding tribal water resource (OTWR)) exist in the
Grand Portage Band of MN Chippewa Water Quality Standards as follows: (a)
OTWIR-Restricted (lowered water quality may be allowed under limited
circumstances), (b) OTWR-Prohibited (Discharges and permanent lowering of
water quality are prohibited). New dischargers and new sources should contact
EPA Region 5's stormwater coordinator found at
httos://www.er)a.qov/npdes/contact-us-stormwater#regional. See:
httr)s://www.epa.gov/wgs-tech/water-quality-standards-regulations-grand-
portage-band-minnesota-chiQQewa-tribe
OTW R-Restricted: All waters, not already classified as Tier 3, are high
Tier 2 quality Tier 2 waters (see Grand Portage Reservation Water Quality
Standards, Section VI &VII, Pages 14-16).
OTW R-Prohibited: "The portion of Lake Superior north of latitude 47
Tier 3 degrees, 57 minutes, 13 seconds, east of Hat Point, south of the
Minnesota-Ontario boundary, and west of the Minnesota-Michigan
boundary" (see Section VII, Page 16).
Bad River Band of Lake Superior Chippewa (WI)
Tier 2 waters are identified on a water body-by-water body basis. Tier 2, 2.5, and 3
classifications are included in the Bad River Band of Lake Superior Chippewa
Water Quality Standards. See:
httos://www.epa.gov/wqs-tech/water-quality-standards-regulations-bod-river-
band-lake-superior-chitpoewa-tribe
WIR101000 Any surface water not specifically classified as Outstanding Tribal
Tier 2 Resource Water or Outstanding Resource Water is classified as
Exceptional Resource Water (Anishinaabosibiing).
Outstanding Resource Waters: a portion of Bad River, from downstream
Tier 2.5 the confluence with the White River to Lake Superior, White River,
Marengo River, Graveyard Creek, Bear Trap Creek, Wood Creek,
Brunsweiler River,Tyler Forks, Bell Creek, and Vaughn Creek.
Page F-5 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Outstanding Tribal Resource Waters: Kakagon Slough and the lower
wetland reaches of its tributaries that support wild rice, Kakagon River,
Tier 3 Bad River Slough, Honest John Lake, Bog Lake, a portion of Bad River,
from where it enters the Reservation through the confluence with the
White River, and Potato River.
Lac du Flambeau Band of the Lake Superior Chippewa
Tier 2 waters are identified on a water body-by-water body basis. Tier 2, 2.5, and 3
classifications are included in the Lac du Flambeau Band of the Lake Superior
Chippewa Water Quality Standards. See:
https://www.eQa.aov/was-tech/water-quality-standards-regulations-lac-du-
flambeau-band-lake-superior-chippewa-tribe
All named waters, including wetlands, not specified under an
Antidegradation classification are classified as Tribal Resource Water
Tier 2 (Tier 2). Unclassified Named Waters (Tier 2): Buckskin Lake; Flambeau
Lake; Long (Interlaken) Lake); Marland's Lake (Sec. 13, T40NR4E); Moss
Lake; Pokegema Lake.
Exceptional Tribal Resource Waters: Bills Lake, Birch Lake, Bobidosh Lake,
Bog Lake (SE SE Sec. 31, T40NR6E), Bolton Lake, Broken Bow Lake,
Chewalah Lake, Clear Lake (Sec. 2, T39NR4E), Corn Great, Great, Corn
Lake, Little "Least/Lesser", Crawling Stone Lake, Big, Crawling Stone Lake,
Little, Crescent Lake, Crooked Lake, Big, David Lake, Ellerson Lake,
Middle, Ellerson Lake, West, Elsie Lake "Boundary Lake", Fat Lake, Fence
Lake, Gresham Creek, Green Lake (NW NW Sec. 19, T41 R6E), Grey Lake,
Gunlock Lake, Haskell Lake, Headflyer Lake (Sec. 19, T41 NRSE), Highway
Lake (NW NW Sec. 19, T41 NRSE), Horsehead Lake (SE SW Sec. 9,
T40NR5E), Hutton's Creek, Ike Walton Lake, Lily Lake (SE SW Sec. 35,
T40NR5E), Little Ten Lake, Lodge Lake 1. Rice" (NW NW Sec. 8, T41 NR6E),
Tier 2.5 Lucy Lake, Mindys Lake (Sec. 8, T40NR5E), Minette Lake, Mitten Lake,
Monk's Lake (Sec. 13, T40NR5E), Moving Cloud Lake, Mud Creek,
Muskesin Lake, Patterson Lake, Placid Twin Lake (North), Placid Twin Lake
(South), Plummer Lake, Poupart Lake, Prairie Lake (NE SW Sec. 13,
T40NR4E), Raven Lake, Ross Allen Lake, Sand Lake, Little, Scott Lake (Sec.
22, T40N, R4E), Shishebogama Lake, Signal Lake, Snort Lake (Sec. 5, T41 N,
R6E), Spring Lake "Jerms",Squirrel Lake, Statenaker Lake "Hollow",Stearns
Lake"Hourglass", Sugarbush "Hidden Lake" (NW NW Sec. 17, T41 NRSE),
Sugarbush Creek, Sugarbush Lake, Little, Sugarbush Lake, Lower,
Sugarbush Lake, Middle, Sugarbush Lake, Upper, Sunfish Lake,
Tippecanoe Lake, Tomahawk River, To-To Tom Lake, Toulish Lake, Trout
River, Warrior Lake, White Sand Lake, Whitefish Lake "Cattail Lake" (Sec.
34, T40N5R), Wishow Lake, Wyandock Lake.
Tier 3 Outstanding Tribal Resource Waters: Bear River (1st bridge to Reservation
boundary), Big Springs (Sec. 25,T40NR4E), Black Lake, Cranberry Lake,
Doud Lake, Eagle Lake, Gene Lake, Johnson Springs, Little Trout Lake,
Lost Lake (Sect. 1, T41 NR4E), Mishonagon Creek, Munnomin (Jesse, Duck)
Lake, Negani (Hegani) Lake, Reservation Line Lake, Spring Creek, Tank
Lake, Thomas Lake, Wild Rice Lake, Zee Lake.
Page F-6 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
State of New Mexico
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
2.5 classification identified in the State of New Mexico Water Quality Standards.
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional. See:
NMR100000 httQs://www.epa. ov/was-tech/water-quality-standards-regulations-new-mexico
Tier 2 If you need assistance determining if your discharge is to a Tier 2
waterbody, please contact the NMED Surface Water Quality Bureau's
Stormwater Program at
https://www.env.nm.gov/swab/StormWater/index.html.
See https://www.env.nm.gov/swgb/ONRW/ for current list of NMED's Tier
Tier 3 3/Outstanding National Resource Waters. See also New Mexico's Water
Quality Standards at 20.6.4.9.D NMAC.
Ohkay Owingeh (N ) (formerly the Pueblo of San Juan)
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/was-tech/water-quality-standards-regulations-ohkay-
owingeh-pueblo-formerly-pueblo-san-juan
Pueblo of Acoma ( )
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at httos://www.eQa.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-pueblo-
acoma
Pueblo of Isleta ( )
New dischargers and new sources should contact EPA Region 6's stormwater
NMR101000 coordinator found at httos://www.epa.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-pueblo-isleta
Pueblo of Nambe ( M)
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.eoa.gov/was-tech/water-quality-standards-regulations-pueblo-
nambe
Pueblo of Picuris (N )
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#re iq onal.Tier 2, 2.5, and 3 classifications are included in the Pueblo of
Picuris Water Quality Standards. See:
https://www.epa.gov/was-tech/water-quality-standards-regulations-pueblo-
ip'curis
Page F-7 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Pueblo of Pojoaque (N )
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at https://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/wgs-tech/water-quality-standards-regulations-r)ueblo-
poioaque
Pueblo of Sandia (NM)
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at httr)s://www.epa.go� v/npdes/contact-us-
stormwater#regional. See also:
https://www.eoa.gov/wqs-tech/water-quality-standards-regulations-r)ueblo-
sandia
Pueblo of Santa Ana (NM)
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at httos://www.eQa.gov/n/nodes/contact-us-
stormwater#regional. See also:
https://www.eQa.gov/was-tech/water-quality-standards-regulations-r)ueblo-
santa-ana
Pueblo of Santa Clara (N )
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at httos://www.epa.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-pueblo-
santa-clara
Pueblo of Taos (NM)
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at https://www.e[2a._gov/n/nodes/contact-us-
stormwater#regional. See also:
https://www.eoa.gov/wqs-tech/water-quality-standards-regulations-pueblo-taos
Tier 3 Outstanding Tribal Resource Waters: Mountain Lakes; Mountain Streams
&Springs;
Pueblo of Tesuque (NM)
New dischargers and new sources should contact EPA Region 6's stormwater
coordinator found at httos://www.epa.gov/npdes/contact-us-
stormwater#re iq onal. See also:
https://www.eQa.gov/wqs-tech/water-quality-standards-regulations-Queblo-
tesuque
Ute Mountain Ute Tribe
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
COR101000 2.5 classification identified in the Ute Mountain Ute Tribe Water Quality Standards.
New dischargers and new sources should contact EPA Region 8's stormwater
coordinator found at htti2s://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
Page F-8 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-ute-
mountain-ute-tribe
Outstanding Tribal Resource Waters: 1. Ute Spring and unnamed creek
from Ute Spring downstream within Section 12, TWP35N R18W
Tier 3 (Colorado). 2. Allen Canyon Creek, Sections 17, 20, 29, 30, 31, TWP 35S,
R21 E (Utah) 3. "Lopez" Spring and unnamed creek tributary to and
downstream from the spring, within Section 35, TWP 34N, R18W
Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation (MT)
Tier 2 waters are identified on a water body-by-water body basis. There is not a Tier
2.5 classification identified in the Assiniboine and Sioux Tribes of the Fort Peck
Indian Reservation Water Quality Standards. New dischargers and new sources
should contact EPA Region 8's stormwater coordinator found at
https://www.epa._gov/n/npdes/contact-us-stormwater#regional. See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-assiniboine-
and-sioux-tribes-fort-peck-indian
Most Tribal Waters will qualify as Tier 2 waters. Unless the water body is
not attaining the Clean Water Act Section 101 (a)(2) goals, the water
Tier 2 body has received an OTRW designation, or there is no assimilative
capacity for pollutants to protect existing and designated uses, it is likely
that the water body will receive Tier 2 protection.
Confederated Salish and Kootenai Tribes of the Flathead Reservation (MT)
Tier 2 waters are identified on a water body-by-water body basis. There is not a Tier
MTR101000 2.5 classification identified in the Confederated Salish and Kootenai Tribes of the
Flathead Reservation Water Quality Standards. New dischargers and new sources
should contact EPA Region 8's stormwater coordinator found at
httos://www.epa..qov/npdes/contact-us-stormwater#regional. See also:
https://www.er)a.gov/wqs-tech/water-quality-standards-regulations-
confederated-salish-and-kootenai-tribes-flathead
Tier 3 The following are Tier 3 waters: All waters located within Tribally
designated primitive or wilderness areas.
Northern Cheyenne (MT)
Tier 2 waters are identified on a water body-by-water body basis.There is not a Tier
2.5 classification identified in the Northern Cheyenne Water Quality Standards.
New dischargers and new sources should contact EPA Region 8's stormwater
coordinator found at https://www.e?a.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-northern-
cheyenne-tribe-northern-cheyenne-reservation
Island of American Samoa
New dischargers and new sources should contact EPA Region 9's stormwater
ASR100000 coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional. See also: https://www.epa.gov/sites/production/files/2014-
12/documents/aswgs.pdf
Page F-9 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Hopi Tribe (AZ)
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
2.5 classification identified in the Hopi Tribe Water Quality Standards. New
dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at httos://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
httos://www.epa.gov/wqs-tech/water-duality-standards-regulations-hopi-tribe
Tier 3 Unique Waters: In the Moencopi Wash watershed, from Blue Canyon
Springs to the confluence of Begashibito Wash.
Hualapai Indian Tribe (AZ)
Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier
2.5 classification identified in the Hualapai Indian Tribe Water Quality Standards.
New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at httr)s://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
httos://www.epa.gov/wqs-tech/water-quality-standards-regulations-hualapai-
tribe
Segments assigned as Tier 3: Spencer; Meriwhitica; Willow Spring; Upper
AZR101000 Milkweed Spring; Bridge Canyon; Travertine Spring; Travertine Falls;
Tier 3 Diamond Creek; Diamond Creek Spring; Blue Mountain; Metuck; Peach
Springs Spring; Westwater; Clay Tank; Hocky Puck; Pocamote Spring;
Mohawk Spring; Granite Spring; Three Spring; Warm Spring; Honga
Spring; National Canyon Spring; National Canyon; Moss Spring.
Navajo Nation (AZ, N , UT)
New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at https://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/was-tech/water-quality-standards-regulations-navajo-
nation
White Mountain Apache Tribe (AZ)
Tier 2 waters are identified on a water body-by-water body basis. Tier
classifications are identified in Appendix B of the White Mountain Apache Tribe
Water Quality Standards. New dischargers and new sources should contact EPA
Region 9's stormwater coordinator found at httos://www.er)a.gov/nodes/contact-
us-stormwater#regional. See also:
https://www.epa.gov/was-tech/water-quality-standards-regulations-white-
mountain-aoache-tribe
Page F-10 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
High Quality Waters: East Fork White River, above R52 Road; Paradise
Creek, above Wohlenberg, Ord Creek; Smith Cienega; Bull Cienega;
Smith Creek; Big Bonito; Tonto Creek, below Y47 Crossing; Crooked
Creek; Boggy Creek; Little Bonito Creek, above Y55 Crossing; Flash
Creek; Squaw Creek; Hurricane Lake; Hurricane Creek; Hughey Creek;
Bonito Cienega; West Fork Black River; Hall Cienega; Purcell Cienega;
Thompson Creek; Cibecue Creek in Box Canyon to Salt river; Rock
Tier 2 Springs Creek; Willow Creek (Lower Canyon Cr.).
Sensitive Waters (treated the same manner as Tier 2): East Fork White
River below R52 Road, above Rock Cr; Lofer Cienega Creek; Carrizo
Creek above Corduroy; Cedar Creek; Big Canyon (E. Cedar Creek);
Middle Cedar Creek; West Cedar Creek; Cibecue Creek, Box Canyon
up to Confluence with Salt Creek; Spring Creek; Salt Creek; Cibecue
Creek, from confluence w/Salt Cr. To Big Springs; Cibecue Creek, above
Big Springs, Salt Draw; Canyon Creek S. of Chediski Farms; Oak Creek-,
Canyon Creek, N. of Chediski Farms.
Tier 3 Outstanding Waters: East Fork White River, in Wilderness area; Pumpkin
I Lake.
Big Pine Bond of Owens Valley(CA)
New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at https://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
httips://www.erpa.gov/wqs-tech/water-quality-standards-regulations-big-tDine-
loaiute-tribe-owens-vgLley
Hoopa Valley Tribe (CA)
New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at https://www.epa.gov/nodes/contact-us-
stormwater#regional. See also:
htti2s://www.epa.gov/wqs-tech/water-quality-standards-regulations-hoor)a-vaIley-
tribe
CAR 101000
Paiute-Shoshone Indians of the Bishop Community(CA)
New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at httos://www.etpa.gov/ntpdes/"contact-us-
stormwater#regional. See also:
httips://www.epa.gov/was-tech/water-quality-standards-regulations-bishoo-
Paiute-tribe
Twenty-Nine Palms (CA)
New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at httr)s://www.epa.gov/niodes/contact-us-
stormwater#regional. See also:
httos://www.epa.gov/wqs-tech/water-quality-standards-regulations-twent\/-nine-
Palms-band-mission-indians
Page F-1 1 of 14
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Island of Guam
New dischargers and new sources should contact EPA Region 9's stormwater
GUR100000 coordinator found at https://www.epa.gov/nodes/contact-us-
stormwater#regional. See also: httos://www.eQa.gov/sites/production/files/2014-
12/documents/aswgs.pdf
Johnston Atoll
JAR100000 New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at httos://www.epa.gov/npdes/contact-us-
stormwater#regional
Commonwealth of the Northern Mariana Islands
New dischargers and new sources should contact EPA Region 9's stormwater
MPR100000 coordinator found at https://www.epa.gov/n/nodes/contact-us-
stormwater#red ig onal. See also: https://www.epa.gov/sites/production/files/2014-
12/documents/aswgs.odf
Midway Island and Wake Island
MWR100000 New dischargers and new sources should contact EPA Region 9's stormwater
coordinator found at https://www.er)a.gov/nodes/contact-us-
stormwater#regional
Pyramid Lake Paiute (NV)
New dischargers and new sources should contact EPA Region 9's stormwater
NVR100001 coordinator found at httos://www.eoa.gov/nodes/contact-us-
stormwater#region al. See also:
httos://www.er)a.gov/wqs-tech/water-guality-standards-regulations-pyramid-lake-
paiute-tribe
State of Idaho
Tier 2 waters are identified on a water body-by-water body basis. There is not a Tier
2.5 classification identified in the State of Idaho Water Quality Standards. New
dischargers and new sources should contact EPA Region 10's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#re iq onal.See also:
IDR100000 https://www.epa.gov/wqs-tech/water-quality-standards-regulations-idaho
For Tier 2 and Tier 3 waters, please consult the most recent approved
Tier 2 version of Idaho's Idaho Integrated Report, available at:
and Tier http://www.dea.idaho.gov/water-quality/surface-water/monitoring_
3 assessment/integrated-report/ and the closest regional office of the
Idaho Department of Environmental Quality:
htto://www.deg.idaho.gov/regional-offices-issues/.
Coeur D'Alene Tribe (ID)
Tier 2 waters are identified on a water body-by-water body basis.There is not a Tier 2.5
classification identified in the Coeur D'Alene Tribe Water Quality Standards. New
IDR101000 dischargers and new sources should contact EPA Region 10's stormwater coordinator
found at httos://www.epa.aov/nodes/contact-us-stormwater#regional.See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-coeur-
dalene-tribe-indians
Page F-12 of 14
Page F-l3ofl4
2017 Construction General Permit (CGP)
Permit Number Areas of Coverage/Where EPA Is Permitting Authority
Port Gamble S'Klallam (WA)
New dischargers and new sources should contact EPA Region 10's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional. See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-port-gamble-
sklallam-tribe
Puyallup Tribe of Indians (WA)
New dischargers and new sources should contact EPA Region 10's stormwater
coordinator found at https://www.epa.gov/nr)des/contact-us-
stormwater#regional. See also:
https://www.epa.gov/was-tech/water-quality-standards-regulations-puyallup-
tribe-indians
Spokane Tribe of Indians (WA)
New dischargers and new sources should contact EPA Region 10's stormwater
coordinator found at https://www.epa.gov/npdes/contact-us-
stormwater#regional.See also:
https://www.epa.gov/wqs-tech/water-quality-standards-regulations-spokane-
tribe-indians
Page F-14 of 14
2017 Construction General Permit (CGP)
Appendix G — BuffexRequiremment
The purpose of this appendix is to assist you in complying with the requirements in Part 2.2.1 of
the permit regarding the establishment of natural buffers and/or equivalent sediment controls.
This appendix is organized osfollows:
G.l Sites That Are Required to Provide and Maintain Natural Buffers and/or Equivalent Erosion
andSediment controls ............................................................................................................................2
(}.2 Compliance Alternatives and Exceptions...........................................................................................2
G2] Compliance Alternatives..............................................................................................................2
G.2.2 Exceptions to the Compliance Alternatives .............................................................................3
G2.3 Requirements for Providing and Maintaining Natural Buffers................................................4
G.2.4 Guidance for Providing the Equivalent Sediment Reduction as a 50-foot Buffer.............7
G.3 Small Residential Lot Compliance Alternatives................................................................................ll
G3] Small Residential Lot Compliance Alternative Eligibility .......................................................ll
G.3.2 Small Residential Lot Compliance Alternatives...................................................................... l
2017 Construction General Permit (CGP)
G.1 SITES THAT ARE REQUIRED TO PROVIDE AND MAINTAIN NATURAL BUFFERS AND/OR
EQUIVALENT EROSION AND SEDIMENT CONTROLS
The requirement in Part 2.2.1 to provide and maintain natural buffers and/or equivalent
erosion and sediment controls applies for any discharges to waters of the U.S. located
within 50 feet of your site's earth disturbances. If the water of the U.S. is not located within
50 feet of earth-disturbing activities, Part 2.2.1 does not apply. See Figure G-1.
r titer of the U.S.
Earth i tur ante
Buffer � 77
5""Wr-
1v
Figure G-1 Example of earth-disturbing activities within 50 feet of a water of the U.S.
G.2 COMPLIANCE ALTERNATIVES AND EXCEPTIONS
G.2.1 Compliance Alternatives
If Part 2.2.1 applies to your site, you have three compliance alternatives from which you
can choose, unless you qualify for any of the exceptions (see below and Part 2.2.1.a):
1. Provide and maintain a 50-foot undisturbed natural buffer, or
2. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is
supplemented by erosion and sediment controls that achieve the sediment load
reduction equivalent to a 50-foot undisturbed natural buffer; or
3. If infeasible to provide and maintain an undisturbed natural buffer of any size,
implement erosion and sediment controls to achieve the sediment load
reduction equivalent to a 50-foot undisturbed natural buffer. I
The compliance alternative selected must be maintained throughout the duration of
permit coverage.
See Part G.2.2 below for exceptions to the compliance alternatives.
Page G -2 of 21
2017 Construction General Permit (CGP)
See Part G.2.3 for requirements applicable to providing and maintaining natural buffers
under compliance alternatives 1 and 2 above.
See Part G.2.4 for requirements applicable to providing erosion and sediment controls
that achieve the sediment load reduction equivalent to a 50-foot undisturbed natural
buffer under compliance alternatives 2 and 3 above.
G.2.2 Exceptions to the Compliance Alternatives
The following exceptions apply to the requirement to implement one of the Part 2.2.1.a
compliance alternatives (see also Part 2.2.1 .b):
• The following disturbances within 50 feet of a water of the U.S. are exempt from
the requirements Part 2.2.1 and this Appendix:
- Construction approved under a CWA Section 404 permit; or
- Construction of a water-dependent structure or water access areas (e.g.,
pier, boat ramp, trail).
• If there is no discharge of stormwater to waters of the U.S. through the area
between the disturbed portions of the site and any waters of the U.S. located
within 50 feet of your site, you are not required to comply with the requirements in
Part 2.2.1 and this Appendix.This includes situations where you have implemented
controls measures, such as a berm or other barrier, that will prevent such
discharges.
• Where no natural buffer exists due to preexisting development disturbances (e.g.,
structures, impervious surfaces) that occurred prior to the initiation of planning for
the current development of the site, you are not required to comply with the
requirements in Part 2.2.1 and this Appendix.
Where some natural buffer exists but portions of the area within 50 feet of the
water of the U.S. are occupied by preexisting development disturbances,you are
required to comply with the requirements in Part 2.2.1 and this Appendix. For the
purposes of calculating the sediment load reduction for either compliance
alternative 2 or 3, you are not expected to compensate for the reduction in
buffer function that would have resulted from the area covered by these
preexisting disturbances. Clarity about how to implement the compliance
alternatives for these situations is provided in G.2.3 and G.2.4 below.
If during your project, you will disturb any portion of these preexisting
disturbances, the area removed will be deducted from the area treated as a
"natural buffer."
• For "linear construction sites" (see Appendix A), you are not required to comply
with this requirement if site constraints (e.g., limited right-of-way) make it infeasible
to implement one of the Part 2.2.1.a compliance alternatives, provided that, to
the extent feasible, you limit disturbances within 50 feet of any waters of the U.S.
and/or you provide supplemental erosion and sediment controls to treat
stormwater discharges from earth disturbances within 50 feet of the water of the
U.S. You must also document in your SWPPP your rationale for why it is infeasible
for you to implement one of the Part 2.2.1.a compliance alternatives, and
describe any buffer width retained and supplemental erosion and sediment
controls installed.
• For "small residential lot" construction (i.e., a lot being developed for residential
purposes that will disturb less than 1 acre of land, but is part of a larger residential
Page G-3 of 21
2017 Construction General Permit (CGP)
project that will ultimately disturb greater than or equal to 1 acre), you have the
option of complying with one of the "small residential lot" compliance
alternatives in Part G.3 of this appendix.
Note that you must document in your SWPPP if any disturbances related to any of the
above exceptions occurs within the buffer area on your site.
G.2.3 Requirements for Providing and Maintaining Natural Buffers
This part of the appendix applies to you if you choose compliance alternative 1 (50-foot
buffer), compliance alternative 2 (a buffer of < 50 feet supplemented by additional
erosion and sediment controls that achieve the equivalent sediment load reduction as
the 50-foot buffer), or if you are providing a buffer in compliance with one of the "small
residential lot" compliance alternatives in Part G.3.
Buffer Width Measurement
Where you are retaining a buffer of any size, the buffer should be measured
perpendicularly from any of the following points, whichever is further landward from the
water:
1. The ordinary high water mark of the water body, defined as the line on the shore
established by fluctuations of water and indicated by physical characteristics
such as a clear, natural line impressed on the bank, shelving, changes in the
character of soil, destruction of terrestrial vegetation, and/or the presence of litter
and debris; or
2. The edge of the stream or river bank, bluff, or cliff, whichever is applicable.
Refer to Figure G-2 and Figure G-3. You may find that specifically measuring these points
is challenging if the flow path of the water of the U.S. changes frequently, thereby
causing the measurement line for the buffer to fluctuate continuously along the path of
the waterbody. Where this is the case, EPA suggests that rather than measuring each
change or deviation along the water's edge, it may be easier to select regular intervals
from which to conduct your measurement. For instance, you may elect to conduct your
buffer measurement every 5 to 10 feet along the length of the water.
Additionally, note that if earth-disturbing activities will take place on both sides of a
water of the U.S. that flows through your site, to the extent that you are establishing a
buffer around this water, it must be established on both sides. For example, if you choose
compliance alternative 1, and your project calls for disturbances on both sides of a small
stream, you would need to retain the full 50 feet of buffer on both sides of the water.
However, if your construction activities will only occur on one side of the stream, you
would only need to retain the 50-foot buffer on the side of the stream where the earth-
disturbance will occur.
Page G -4 of 21
2017 Construction General Permit (CGP)
�x
` Waiter of the U.S.
er
{ _ isr
n
Ordinary na
high water mark high water mark
Figure G-2 Buffer measurement from the ordinary high water mark of the water body, as
indicated by a clear natural line impressed on the bank, shelving, changes in the character of
the soil, destruction of terrestrial vegetation, and/or the presence of litter/debris.
Edge of bank/blu /diff
3 v
uf'feT'u
Y titer of the U.S.
M
s
Figure G-3 Buffer measurement from the edge of the bank, bluff, or cliff, whichever is applicable.
Limits to Disturbance Within the Buffer
You are considered to be in compliance with the requirement to provide and maintain a
natural buffer if you retain and protect from construction activities the natural buffer that
existed prior to the commencement of construction. If the buffer area contains no
vegetation prior to the commencement of construction (e.g., sand or rocky surface), you
are not required to plant vegetation. As noted above, any preexisting structures or
Page G -5 of 21
2017 Construction General Permit (CGP)
impervious surfaces may occur in the natural buffer provided you retain and protect
from disturbance the buffer areas outside of the preexisting disturbance.
To ensure that the water quality protection benefits of the buffer are retained during
construction, you are prohibited from conducting any earth-disturbing activities within
the buffer during permit coverage. In furtherance of this requirement, prior to
commencing earth-disturbing activities on your site,you must delineate, and clearly
mark off, with flags, tape, or a similar marking device,the buffer area on your site.The
purpose of this requirement is to make the buffer area clearly visible to the people
working on your site so that unintended disturbances are avoided.
While you are not required to enhance the quality of the vegetation that already exists
within the buffer, you are encouraged to do so where such improvements will enhance
the water quality protection benefits of the buffer. (Note that any disturbances within the
buffer related to buffer enhancement are permitted and do not constitute construction
disturbances.) For instance, you may want to target plantings where limited vegetation
exists, or replace existing vegetation where invasive or noxious plant species (see
http://glants.usda.aov/Java/noxiousDriver) have taken over. In the case of invasive or
noxious species, you may want to remove and replace them with a diversity of native
trees, shrubs, and herbaceous plants that are well-adapted to the climatic, soil, and
hydrologic conditions on the site. You are also encouraged to limit the removal of
naturally deposited leaf litter, woody debris, and other biomass, as this material
contributes to the ability of the buffer to retain water and filter pollutants.
If a portion of the buffer area adjacent to the water of the U.S. is owned by another party
and is not under your control, you are only required to retain and protect from
construction activities the portion of the buffer area that is under your control. For
example, if you comply with compliance alternative 1 (provide and maintain a 50-foot
buffer), but 10 feet of land immediately adjacent to the water of the U.S. is owned by a
different party than the land on which your construction activities are taking place and
you do not have control over that land, you must only retain and protect from
construction activities the 40-foot buffer area that occurs adjacent to the property on
which your construction activities are taking place. EPA would consider you to be in
compliance with this requirement regardless of the activities that are taking place in the
10-foot area that is owned by a different party than the land on which your construction
activities are taking place that you have no control over.
Discharges to the Buffer
You must ensure that all discharges from the area of earth disturbance to the natural
buffer are first treated by the site's erosion and sediment controls (for example, you must
comply with the Part 2.2.3 requirement to install sediment controls along any perimeter
areas of the site that will receive pollutant discharges), and if necessary to prevent
erosion caused by stormwater flows within the buffer, you must use velocity dissipation
devices. The purpose of this requirement is to decrease the rate of stormwater flow and
encourage infiltration so that the pollutant filtering functions of the buffer will be
achieved. To comply with this requirement, construction operators typically will use
devices that physically dissipate stormwater flows so that the discharge entering the
buffer is spread out and slowed down.
SWPPP Documentation
You are required to document in your SWPPP the natural buffer width that is retained. For
example, if you are complying with alternative 1, you must specify in your SWPPP that
you are providing a 50-foot buffer. Or, if you will be complying with alternative 2,you
must document the reduced width of the buffer you will be retaining (and you must also
Page G-6 of 21
2017 Construction General Permit (CGP)
describe the erosion and sediment controls you will use to achieve an equivalent
sediment reduction, as required in Part G.2.4 below). Note that you must also show any
buffers on your site map in your SWPPP consistent with Part 7.2.4.i. Additionally, if any
disturbances related to the exceptions in Part G.2.2 occur within the buffer area, you
must document this in the SWPPP.
G.2.4 Guidance for Providing the Equivalent Sediment Reduction as a 50-foot Buffer
This part of the appendix applies to you if you choose compliance alternative 2 (provide
and maintain a buffer that is less than 50 feet that is supplemented by erosion and
sediment controls that achieve the sediment load reduction equivalent to a 50-foot
buffer) or compliance alternative 3 (implement erosion and sediment controls to achieve
the sediment load reduction equivalent to a 50-foot buffer).
Determine Whether it is Feasible to Provide a Reduced Buffer
EPA recognizes that there will be a number of situations in which it will be infeasible to
provide and maintain a buffer of any width. While some of these situations may exempt
you from the buffer requirement entirely (see G.2.2), if you do not qualify for one of these
exemptions, there still may be conditions or circumstances at your site that make it
infeasible to provide a natural buffer. For example, there may be sites where a significant
portion of the property on which the earth-disturbing activities will occur is located within
the buffer area, thereby precluding the retention of natural buffer areas.
Therefore, you should choose compliance alternative 2 if it is feasible for you to retain
some natural buffer on your site. (Note: For any buffer width retained, you are required
to comply with the requirements in Part G.2.3, above, concerning the retention of
vegetation and restricting earth disturbances.) Similarly, if you determine that it is
infeasible to provide a natural buffer of any size during construction, you should choose
alternative 3.
Design Controls That Provide Equivalent Sediment Reduction as 50-foot Buffer
You must next determine what additional controls must be implemented on your site
that, alone or in combination with any retained natural buffer, achieve a reduction in
sediment equivalent to that achieved by a 50-foot buffer.
Note that if only a portion of the natural buffer is less than 50 feet, you are only required
to implement erosion and sediment controls that achieve the sediment load reduction
equivalent to the 50-foot buffer for discharges through that area. You would not be
required to provide additional treatment of stormwater discharges that flow through 50
feet or more of natural buffer. See Figure G-4.
Page G -7 of 21
2017 Construction General Permit (CGP)
Discharges through this
area are required to be treated to
Water of the U.S.
provide the equivalent sediment t
reduction as the 50-foot buffer. � -
Discharges through this area are
not required to be treated to
provide the equivalent sediment
reduction as the 50-foot buffer
a
since the SO-foot buffer is provided..
„A , Y r
Area of
Earth Disturbance
Figure G-4 Example of how to comply with the requirement to provide the equivalent sediment
reduction when only a portion of your earth-disturbances discharge to a buffer of less than SO-
feet.
Steps to help you meet compliance alternative 2 and 3 requirements are provided
below.
Step 1 - Estimate the Sediment Reduction from the 50-foot Buffer
In order to design controls that match the sediment removal efficiency of a 50-foot
buffer, you first need to know what this efficiency is for your site. The sediment removal
efficiencies of natural buffers vary according to a number of site-specific factors,
including precipitation, soil type, land cover, slope length,width, steepness, and the
types of erosion and sediment controls used to reduce the discharge of sediment prior to
the buffer. EPA has simplified this calculation by developing buffer performance tables
covering a range of vegetation and soil types for the areas covered by the CGP.See
Attachment 1 of this Appendix,Tables G-8 through G-15. Note: buffer performance
values in Tables G-8 through G-15 represent the percent of sediment captured through
the use of perimeter controls (e.g., silt fences) and 50-foot buffers at disturbed sites of
fixed proportions and slopes.'
EPA used the following when developing the buffer performance tables:
• The sediment removal efficiencies are based on the U.S.Department of Agriculture's RUSLE2 ("Revised Universal
Soil Loss Equation 2") model for slope profiles using a 100-foot long denuded slopes.
• Sediment removal was defined as the annual sediment delivered at the downstream end of the 50-foot natural
buffer(tons/yr/acre)divided by the annual yield from denuded area (tons/yr/acre).
• As perimeter controls are also required by the CGP,sediment removal is in part a function of the reduction due
to a perimeter control (i.e.,silt fence) located between the disturbed portion of the site and the upstream
edge of the natural buffer and flow traveling through a 50-foot buffer of undisturbed natural vegetation.
• It was assumed that construction sites have a relatively uniform slope without topographic features that
accelerate the concentration for erosive flows.
Page G-8 of 21
2017 Construction General Permit (CGP)
Using Tables G-8 through G-15 (see Attachment 1 of this Appendix), you can determine
the sediment removal efficiency of a 50-foot buffer for your geographic area by
matching the vegetative cover type that best describes your buffer area and the type of
soils that predominate at your site. For example, if your site is located in Massachusetts
(Table G-9), and your buffer vegetation corresponds most closely with that of tall fescue
grass, and the soil type at your site is best typified as sand,your site's sediment removal
efficiency would be 81 percent.
In this step, you should choose the vegetation type in the tables that most closely
matches the vegetation that would exist naturally in the buffer area on your site
regardless of the condition of the buffer. However, because you are not required to
plant any additional vegetation in the buffer area, in determining what controls are
necessary to meet this sediment removal equivalency in Step 2 below, you will be able to
take credit for this area as a fully vegetated "natural buffer."
Similarly, if a portion of the buffer area adjacent to the water of the U.S. is owned by
another party and is not under your control, you can treat the area of land not under
your control as having the equivalent vegetative cover and soil type that predominates
on the portion of the property on which your construction activities are occurring.
For example, if your earth-disturbances occur within 50 feet of a water of the U.S., but
the 10 feet of land immediately adjacent to the water of the U.S. is owned by a
different party than the land on which your construction activities are taking place
and you do not have control over that land, you can treat the 10 foot area adjacent
to the stream as having the equivalent soil and vegetation type that predominates in
the 40 foot area under your control. You would then make the some assumption in
Step 2 for purposes of determining the equivalent sediment removal.
Alternatively, you may do your own calculation of the effectiveness of the 50-foot buffer
based upon your site-specific conditions, and may use this number as your sediment
removal equivalency standard to meet instead of using Tables G-8 through G-15.This
calculation must be documented in your SWPPP.
Step 2 - Design Controls That Match the Sediment Removal Efficiency of the 50-foot Buffer
Once you determine the estimated sediment removal efficiency of a 50-foot buffer for
your site in Step 1, you must next select stormwater controls that will provide an
equivalent sediment load reduction. These controls can include the installation of a
single control, such as a sediment pond or additional perimeter controls, or a
combination of stormwater controls. Whichever control(s) you select, you must
demonstrate in your SWPPP that the controls will provide at a minimum the same
sediment removal capabilities as a 50-foot natural buffer (Step 1). You may take credit
for the removal efficiencies of your required perimeter controls in your calculation of
equivalency, because these were included in calculating the buffer removal efficiencies
in Tables G-8 through G-15. (Note: You are reminded that the controls must be kept in
effective operating condition until you complete final stabilization on the disturbed
portions of the site discharging to the water of the U.S.)
® It was assumed that vegetation has been removed from the disturbed portion of the site and a combination of
cuts and fills have resulted in a smooth soil surface with limited retention of near-surface root mass.
To represent the influence of soil,EPA analyzed 1 1 general soil texture classifications in its evaluation of buffer
performance.To represent different types of buffer vegetation, EPA evaluated 4 or more common vegetative types for
each state/territory covered under the permit.For each vegetation type evaluated, EPA considered only permanent,
non-grazed,and non-harvested vegetation,on the assumption that a natural buffer adjacent to the water of the U.S.will
typically be undisturbed.EPA also evaluated slope steepness and found that sediment removal efficiencies present in
Tables G-8 through G-15 are achievable for slopes that are less than nine percent.
Page G -9 of 21
2017 Construction General Permit (CGP)
To make the determination that your controls and/or buffer area achieve an equivalent
sediment load reduction as a 50-foot buffer, you should use a model or other type of
calculation. As mentioned above, there are a variety of models available that can be
used to support your calculation, including USDA's RUSLE-series programs and the WEPP
erosion model, SEDCAD, SEDIMOT, or other models. A couple of examples are provided
in Attachment 3 to help illustrate how this determination could be made.
If you retain a buffer of less than 50 feet, you may take credit for the removal that will
occur from the reduced buffer and only need to provide additional controls to make up
the difference between the removal efficiency of a 50 foot buffer and the removal
efficiency of the narrower buffer. For example, if you retain a 30 foot buffer, you can
account for the sediment removal provided by the 30 foot buffer retained, and you will
only need to design controls to make up for the additional removal provided by the 20
feet of buffer that is not being provided. To do this, you would plug the width of the
buffer that is retained into RUSLE or another model, along with other stormwater controls
that will together achieve a sediment reduction equivalent to a natural 50-foot buffer.
As described in Step 1 above, you can take credit for the area you retained as a
"natural buffer" as being fully vegetated, regardless of the condition of the buffer area.
For example, if your earth-disturbances occur 30 feet from a water of the U.S., but the
10 feet of land immediately adjacent to the water of the U.S. is owned by a different
party than the land on which your construction activities are taking place and you
do not have control over that land, you can treat the 10-foot area as a natural
buffer, regardless of the activities that are taking place in the area. Therefore, you
can assume (for purposes of your equivalency calculation) that your site is providing
the sediment removal equivalent of a 30-foot buffer, and you will only need to design
controls to make up for the additional removal provided by the 20-foot of buffer that
is not being provided.
Step 3 - Document How Site-Specific Controls Will Achieve the Sediment Removal
Efficiency of the 50-foot Buffer
In Steps 1 and 2, you determined both the expected sediment removal efficiency of a
50-foot buffer at your site, and you used this number as a performance standard to
design controls to be installed at your site, which alone or in combination with any
retained natural buffer, achieves the expected sediment removal efficiency of a 50-foot
buffer at your site. The final step is to document in your SWPPP the information you relied
on to calculate the equivalent sediment reduction as an undisturbed natural buffer.
EPA will consider your documentation to be sufficient if it generally meets the following:
- For Step 1, refer to the table in Attachment 1 that you used to derive your
estimated 50-foot buffer sediment removal efficiency performance. Include
information about the buffer vegetation and soil type that predominate at your
site,which you used to select the sediment load reduction value in Tables G-8
through G-15. Or, if you conducted a site-specific calculation for sediment
removal efficiency, provide the specific removal efficiency, and the information
you relied on to make your site-specific calculation.
- For Step 2, (1) Specify the model you used to estimate sediment load reductions
from your site; and (2) the results of calculations showing how your controls will
meet or exceed the sediment removal efficiency from Step 1.
If you choose compliance alternative 3, you must also include in your SWPPP a
description of why it is infeasible for you to provide and maintain an undisturbed natural
buffer of any size.
Page G -10 of 21
2017 Construction General Permit (CGP)
G.3 SMALL RESIDENTIAL LOT COMPLIANCE ALTERNATIVES
EPA has developed two
additional compliance A small residential lot is a lot or grouping of lots
alternatives applicable only to being developed for residential purposes that will
"small residential lots" that are disturb less than 1 acre of land, but that is part of a
unable to provide and larger residential project that will ultimately disturb
maintain a 50 foot buffer. greater than or equal to 1 acre.
The following steps describe
how a small residential lot
operator would achieve compliance with one these 2 alternatives.
G.3.1 Small Residential Lot Compliance Alternative Eligibility
In order to be eligible for the small residential lot compliance alternatives, the following
conditions must be met:
a. The lot or grouping of lots meets the definition of "small residential lot"; and
b. The operator must follow the guidance for providing and maintaining a natural buffer
in Part G.2.3 of this Appendix, including:
i. Ensure that all discharges from the area of earth disturbance to the natural buffer
are first treated by the site's erosion and sediment controls, and use velocity
dissipation devices if necessary to prevent erosion caused by stormwater within
the buffer;
ii. Document in the SWPPP the natural buffer width retained on the property, and
show the buffer boundary on your site plan; and
iii. Delineate, and clearly mark off, with flags, tape, or other similar marking device,
all natural buffer areas.
G.3.2 Small Residential Lot Compliance Alternatives
You must next choose from one of two small residential lot compliance alternatives and
implement the stormwater control practices associated with that alternative.
Note: The compliance alternatives provided below are not mandatory. Operators of
small residential lots can alternatively choose to comply with the any of the options
that are available to other sites in Part 2.2.I.o and G.2.1 of this Appendix.
Small Residential Lot Compliance Alternative 1
Alternative 1 is a straightforward tiered-technology approach that specifies the controls
that a small residential lot must implement based on the buffer width retained.To meet
the requirements of small residential lot compliance alternative 1,you must implement
the controls specified in Table G-1 based on the buffer width to be retained. See
footnote 3, below, for a description of the controls you must implement.
For example, if you are an operator of a small residential lot that will be retaining a
35-foot buffer and you choose Small Residential Lot Compliance Alternative 1, you
must implement double perimeter controls between earth disturbances and the
water of the U.S.
In addition to implementing the applicable control, you must also document in your
SWPPP how you will comply with small residential lot compliance alternative 1.
Page G -1 1 of 21
2017 Construction General Permit (CGP)
Table G-1 Alternative 1 Require entS2
Retain 50-foot Buffer Retain<50 and>30 foot Buffer Retain<30 foot Buffer
No Additional Requirements Double Perimeter Controls Double Perimeter Controls and
7-Day Site Stabilization
Small Residential Lot Compliance Alternative 2
Alternative 2 specifies the controls that a builder of a small residential lot must implement
based on both the buffer width retained and the site's sediment discharge risk. By
incorporating the sediment risk, this approach may result in the implementation of
controls that are more appropriate for the site's specific conditions.
Step 1 - Determine Your Site's Sediment Risk Level
To meet the requirements of Alternative 2,you must first determine your site's sediment
discharge "risk level" based on the site's slope, location, and soil type. To help you to
determine your site's sediment risk level, EPA developed five different tables for different
slope conditions. You should select the table that most closely corresponds to your site's
average slope.
For example, if your site's average slope is 7 percent, you should use Table G-4 to
determine your site's sediment risk.
After you determine which table applies to your site, you must then use the table to
determine the "risk level" (e.g., "low", "moderate", or "high") that corresponds to your
site's location and predominant soil type.3
For example, based on Table G-3, a site located in New Hampshire with a 4 percent
average slope and with predominately sandy clay loam soils would fall into the
"moderate"risk level.
2 Description of Additional Controls Applicable to Small Residential Lot Compliance Alternatives 1 and 2:
® No Additional Requirements:If you implement a buffer of 50 feet or greater,then you are not subject to any
additional requirements.Note that you are required to install perimeter controls between the disturbed portions of
your site and the buffer in accordance with Part 2.2.3.
® Double Perimeter Control:In addition to the reduced buffer width retained on your site,you must provide a
double row of perimeter controls between the disturbed portion of your site and the water of the U.S.spaced a
minimum of 5 feet apart.
• Double Perimeter Control and 7-Day Site Stabilization:In addition to the reduced buffer width retained on your
site and the perimeter control implemented in accordance with Part 2.2.3,you must provide a double row of
perimeter controls between the disturbed portion of your site and the water of the U.S.spaced a minimum of 5
feet apart,and you are required to complete the stabilization activities specified in Parts 2.2.14 within 7 calendar
days of the temporary or permanent cessation of earth-disturbing activities.
3 One source for determining your site's predominant soil type is the USDA's Web Soil Survey located at
htto://websoilsurvey.nrcs.usda.gov/aoo/"WebSoilSurvev.cspx.
Page G-12 of 21
2017 Construction General Permit (CGP)
Table G-2 Risk Levels for Sites with Average Slopes of<_ 3 Percent
Soil Type Sandy Clay
Loam, Loam, Silt,
Silty Clay Loamy Sandy
Loam or Clay- Sand or Loam or Silt
Location Clay Loam Sand Silty Clay Loam
CNMI/Guam Moderate Moderate Moderate ` Moderate High
Puerto Rico Moderate Moderate Moderate Moderate High
Virgin Islands Low Moderate Low Moderate Moderate
American Samoa Moderate Moderate Moderate ' Moderate High
Massachusetts and New Low Moderate Low Low Moderate
Hampshire
Idaho Low Low Low Low Low
New Mexico Low Low Low Low Low
Washington D.C. Low Moderate Low Low Moderate
Table G-3 Risk Levels for Sites with Average Slopes of> 3 Percent and <_ 6 Percent
Soil Type Sandy Clay
Loam, Loam, Silt,
Silty Clay Loamy Sandy
Loam or Clay- Sand or Loam or Silt
Location Clay Loam Sand Silty Clay Loam
CNMI /Guam Moderate Moderate Moderate. Moderate High
Puerto Rico Moderate Moderate Moderate Moderate High
Virgin Islands Moderate Moderate Moderate` Moderate High
American Samoa High High Moderate High High
Massachusetts and New Moderate Moderate Low Moderate High
Hampshire
Idaho Low Low Low Low Low
New Mexico Low Low Low Low Moderate
Washington D.C. Moderate Moderate Moderate Moderate High
Page G -13 of 21
2017 Construction General Permit (CGP)
Table G-4 Risk Levels for Sites with Aver a a Slopes of> 6 Percent and <_ 9 Percent
Soil Type Sandy Clay
Loam,
Silty Clay Loamy Loam, Silt,
Loam or Clay- Sand or Sandy Loam
Location Clay Loam Sand Silty Clay or Silt Loam
CNMI /Guam Moderate High Moderate High High
Puerto Rico Moderate High Moderate Moderate High
Virgin Islands Moderate Moderate Moderate Moderate High
American Samoa High High High High High
Massachusetts and New
Hampshire Moderate Moderate Moderate Moderate High
Idaho Low Low Low Low Low
New Mexico Low Low Low Low Moderate
Washington D.C. Moderate Moderate Moderate Moderate High
Table G-5 Risk Levels for Sites with Aver a a Slopes of> 9 Percent and < 15 Percent
Soil Type Sandy Clay
Loam,
Silty Clay Loamy Loam, Silt,
Loam or Clay- Sand or Sandy Loam
Location Clay Loam Sand Silty Clay or Silt Loam
CNMI/Guam High High High High High
Puerto Rico High High High High High
Virgin Islands Moderate High Moderate High High
American Samoa High High High High High
Massachusetts and New
Hampshire Moderate Moderate Moderate Moderate High
Idaho Low Low Low Low Low
New Mexico Low Moderate Low Moderate Moderate
Washington D.C. Moderate High Moderate Moderate High
Page G-14 of 21
2017 Construction General Permit (CGP)
Table G-6 Risk Levels for Sites with Aver ge Slopes of> 15 Percent
Soil jType Sandy Clay
Silty Clay Loamy Loam, Silt,
Loam or Clay- Sand or Sandy Loam
Locaflion Clay Loam Sand Silty Clay or Silt Loam
CNIVII/Guam High High High High High
Puerto Rico High High High High High
Virgin Islands High High High High High
American Samoa High High High High High
Massachusetts and New High High Moderate High High
Hampshire
Idaho Low Low Low Low Moderate
New Mexico Moderate Moderate Moderate Moderate High
Washington D.C. High High Moderate High High
Step 2-Determine Which Additional Controls Apply
Once you determine your site's "risk |eve|"' you must next determine the additional
controls you need to implement on your site, based on the width of buffer you plan to
retain.Table G-7 specifies the requirements that apply based on the "risk level" and
buffer width retained. See footnote 3, above, for a description of the additional controls
that are required.
For example, if you are the operator ofo small residential lot that falls into the
"modermfm'' risk level, and you decide hz retain m2O-foofbuffer using Table G-7you
would determine that you need to implement double perimeter controls to achieve
compliance with small residential lot compliance alternative 2.
You must also document in your SWPPP your compliance with small residential lot
compliance alternative 2.
Table G-7 Alternative 2 RequirementS2
Risk Level Based Retain 2:50' Buffer Retain<50' and Retain:530'and Retain:5 10' Buffer
on Estimated Soil >30' Buffer >10' Buffer
Erosion
Low Risk No Additional No Additional Double Perimeter Double Perimeter
Requirements Requirements Control Control
Moderate Risk No Additional Double Perimeter Double Perimeter Double Perimeter
Requirements Control Control Control and 7-Day
Site Stabilization
High Risk No Additional Double Perimeter Double Perimeter Double Perimeter
Requirements Control Control and 7-Day Control and 7-Day
Site Stabilization Site Stabilization
Page 15of21
2017 Construction General Permit (CGP)
ATTACHMENT 1
Sediment Removal Efficiency Tables4
EPA recognizes that very high removal efficiencies, even where theoretically achievable by a
50-foot buffer, may be very difficult to achieve in practice using alternative controls.Therefore in
the tables below, EPA has limited the removal efficiencies to a maximum of 90%. Efficiencies that
were calculated at greater than 90% are shown as 90%, and this is the minimum percent
removal that must be achieved by alternative controls.
Table G-8 Estimated 50-foot Buffer Performance in Idaho*
Estimated%Sediment Removal
Sandy Clay
Silty Clay Loam,. loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Tall Fescue Grass 42 52 44 48 85
Medium-density Weeds 28 30 28 26 60
Low-density Warm-season
Native Bunchgrass(i.e., 25 26 24 24 55
Grama Grass)
Northern Mixed Prairie`Grass 28 30 28 26 50
Northern Range Cold Desert 28 28 24 26 50
Shrubs
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Table G-9 Estimated 50-foot Buffer Performance in Massachusetts and New Hampshire*
Estimated%Sediment Removal
Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Warm-season Grass(i.e., 79 90 90 90 90
Switchgrass, Lernongrass)
Cool-season Dense Grass
(Kentucky Bluegrass,Smooth 78 90 90 90 90
Bromegrass,Timothy)
Tall Fescue Grass 76 90 81 89 90
Medium-density Weeds' 66 76 60 72 66
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
4 The buffer performances were calculated based on a denuded slope upgradient of a 50-foot buffer and
a perimeter controls,as perimeter controls are a standard requirement (see Part 2.2.3).
Page G-16 of 21
2017 Construction General Permit (CGP)
Table G-10 Estimated 50-foot Buffer Performance in New Mexico*
Estimated%Sediment Removal
Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-:Loam Sand or Silty Clay or Silt Loam
Tall Fescue grass '' 71 85 80 86 90
Medium-density Weeds 56 73 55 66 78
Low-density Warm-season
Native Bunchgrass(i.e., 53 70 51 62 67
Grama Grass)
Southern Mixed Prairie Grass 53 71 52 63 50
Southern Range Cold Desert 56 73 55 65 53
Shrubs
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Table G-11 Estimated 50-foot Buffer Performance in Washington, DC*
Estimated%Sediment Removal
Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Warm-season Grass(i.e., 82 90 90 90 90
Switchgrass, Lemongrass)
Cool-season Dense Grass
(Kentucky Bluegrass,Smooth 81 90 90 90 90
Bromegrass,Timothy)
Tall Fescue Grass 79 90 83 89 90
Medium-density Weeds 71 79 66 75 74
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Table G-12 Estimated 50-foot Buffer Performance in American Samoa*
Estimated%Sediment Removal
Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Bahiagrass(Permanent cover) 82 90 90 90 83
Warm-season Grass(i.e., 82 90 90 90 85
Switchgrass, Lemongrass)
Dense Grass 82 90 90 90 83
Tall Fescue Grass ' 82 89 82 89 79
Medium-density Weeds 70 73 62 75 77597:7]
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Page G -17 of 21
2017 Construction General Permit (CGP)
Table G-13 Estimated 50-foot Buffer Performance in CNMI and Guam*
Estimated Sediment Removal
Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Bahiagrass(Permanent 80 90 90 90 89
cover)
Warm-season Grass(i.e., 80 90 90 90 90
Swifchgrass, Lemongrass)_
Dense Grass 79 90 90 90 89
Tall Fescue Grass 76 90 80 88 87
Medium-density Weeds 63 73 53 68 61
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Table G-14 Estimated 50-foot Buffer Performance in Puerto Rico*
Estimated%Sediment Removal
Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Bahiagrass(Permanent 83 90 90 90 90
cover)
Warm-season Grass(i.e, 83 90 90 90 90
Swifchgrass, Lemongrass)
Dense Grass 83 90 90 90 90
Tall Fescue Grass 82 90 84 90 89
Medium-density Weeds 72 78 65 76 64
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Table G-15 Estimated 50-foot Buffer Performance in Vir in Islands*
_Sandy Clay
Silty Clay Loam, Loam,Silt,
Loam or Loamy Sand Sandy Loam
Type of Buffer Vegetation** Clay Clay-Loam Sand or Silty Clay or Silt Loam
Bahiagrass(Permanent 85 90 90 90 90
cover)
Warm-season Grass(i.e., 86 90 90 90 90
Swifchgrass, Lemongrass)
Dense Grass 1 85 90 90 90 90
Tall Fescue Grass` 85 90 88 90 89
Medium-density Weeds 75 77 71 78 63
*Applicable for sites with less than nine percent slope
**Characterization focuses on the under-story vegetation
Page G -18 of 21
2017 Construction General Permit (CGP)
ATTACHMENT 2
Using the Sediment Removal Efficiency Tables-Questions and Answers
- What if my specific buffer vegetation is not represented in Tables G-8 through G-15? Tables
G - 8 through G - 15 provide a wide range of factors affecting buffer performance; however,
there are likely instances where the specific buffer vegetation type on your site is not listed. If
you do not see a description of the type of vegetation present at your site, you should
choose the vegetation type that most closely matches the vegetation type on your site. You
can contact your local Cooperative Extension Service Office (http://nifa.usda.gov/partners-
and-extension-map) for assistance in determining the vegetation type in Tables G-8 through
G-15 that most closely matches your site-specific vegetation.
- What if there is high variability in local soils? EPA recognizes that there may be a number of
different soil type(s) on any given construction site. General soil information can be obtained
from USDA soil survey reports (http://websoilsurvey.nres.usda.c�ov) or from individual site
assessments performed by a certified soil expert.Tables G-8 through G-15 present eleven
generic soil texture classes, grouping individual textures where EPA has determined that
performance is similar. If your site contains different soil texture classes, you should use the soil
type that best approximates the predominant soil type at your site.
- What if my site slope is greater than 9 percent after final grade is reached? As indicated in
the buffer performance tables, the estimated sediment removal efficiencies are associated
with disturbed slopes of up to 9 percent grade. Where your graded site has an average
slope of greater than 9 percent, you should calculate a site-specific buffer performance.
- How do I calculate my own estimates for sediment reduction at my specific site? If you
determine that it is necessary to calculate your own sediment removal efficiency using site-
specific conditions (e.g., slopes at your site are greater than 9 percent), you can use a range
of available models that are available to facilitate this calculation, including USDA's RUSLE-
series programs and the WEPP erosion model, SEDCAD, SEDIMOT, or other equivalent models.
- What is my estimated buffer performance if my site location is not represented by Tables G-8
through G-15? If your site is located in an area not represented by Tables G-8 through G-15,
you should use the table that most closely approximates conditions at your site. You may
instead choose to conduct a site-specific calculation of the buffer performance.
- What if only a portion of my site drains to the buffer area? If only a portion of your site drains
to a water of the U.S., where that water is within 50 feet of your earth disturbances, you are
only required to meet the equivalency requirement for the stormwater flows corresponding
to those portions of the site. See Example 2 below for an example of how this is expected to
work.
Page G-19 of 21
2017 Construction General Permit (CGP)
ATTACHMENT 3
Examples of How to Use the Sediment Removal Efficiency Tables
Example 1. Comparatively Wet Location (7.5 acre site located in Massachusetts)
The operator of a 7.5-acre construction site in Massachusetts has determined that it is infeasible
to establish a buffer of any size on the site, and is now required to select and install controls that
will achieve an equivalent sediment load reduction as that estimated in G-9 for their site
conditions. The first step is to identify what percentage of eroded sediment is estimated to be
retained from a 50-foot buffer. For this example, it is assumed that the site has a relatively uniform
gentle slope (3 percent), so Table G-9 can be used to estimate the 50-foot buffer sediment load
reduction. If the site's buffer vegetation is best typified by cool-season dense grass and the
underlying soil is of a type best described as loamy sand, the 50-foot buffer is projected to
capture 90 percent of eroded sediment from the construction site.
The second step is to determine what sediment controls can be selected and installed in
combination with the perimeter controls already required to be implemented at the site (see
Part 2.2.3),which will achieve the 90 percent sediment removal efficiency from Table G-9. For
this example, using the RUSLE2 profile model, it was determined that installing a pair of shallow-
sloped diversion ditches to convey runoff to a well-designed and maintained sediment basin
provides 99 percent sediment removal. Because the estimated sediment reduction is greater
than the required 90 percent that a 50-foot buffer provides, the operator will have met the
buffer requirements. See Figure G-5.The operator could also choose a different set of controls,
as long as they achieve at least a 90 percent sediment removal efficiency.
Swale 7.5 acres draining to buffer areas
I f
Basin
Diversion Dike r
rf�
Average flow
9, distance=S4feet '*w �I r,,,
As, Of
Diversion Dike
Water of the U.S.
Figure G-5 Example 1 - Equivalent Sediment Load Reductions at a 7.5 ac Site in MA.
Example 2. Arid Location With Pre-existing Disturbances in the Natural Buffer (6.5 acre site
located in New Mexico)
An operator of a site in New Mexico determines that it is not feasible to provide a 50-foot buffer,
but a 28-foot buffer can be provided. Because the operator will provide a buffer that is less than
Page G -20 of 21
2017 Construction General Permit (CGP)
50 feet, the operator must determine which controls, in combination with the 28-foot buffer,
achieve a sediment load reduction equivalent to the 50-foot buffer. In this example, the project
will disturb 6.5 acres of land, but only 1.5 acres of the total disturbed area drains to the buffer
area. Within the 28-foot buffer area is a preexisting concrete walkway. Similar to Example 1, the
equivalence analysis starts with Step 1 in Part G.2.4 of this Appendix with a review of the New
Mexico buffer performance (Table G-10).The operator determines that the predominate
vegetation type in the buffer area is prairie grass, the soil type is similar to silt, and the site is of a
uniform, shallow slope (e.g., 3 percent grade). Although the operator will take credit for the
disturbance caused by the concrete walkway as a natural buffer in Step 2, here the operator
can treat the entire buffer area as being naturally vegetated with prairie grass. Based on this
information, the operator refers to Table G-10 to estimate that the 50-foot buffer would retain 50
percent of eroded soil.
The second step is to determine, based on the 50 percent sediment removal efficiency found in
Table G-10,what sediment controls, in combination with the 28-foot buffer area, can be
implemented to reduce sediment loads by 50 percent or more. The operator does not have to
account the reduction in buffer function caused by the preexisting walkway, and can take
credit for the entire 28-foot buffer being fully vegetated in the analysis. For this example, using
the RUSLE2 profile model, the operator determined that installing a fiber roll barrier between the
silt fence (already required by Part 2.2.3) and the 28-foot buffer will achieve an estimated 84
percent sediment removal efficiency. See Figure G-6. Note that this operator is subject to the
requirement in Part G.2.3 of this Appendix to ensure that discharges through the silt fence, fiber
roll barrier, and 28-foot buffer do not cause erosion within the buffer. The estimated sediment
reduction is greater than the required 50 percent; therefore the operator will have met the
buffer alternative requirement.
15 acres draining to buffer areas
Silt Fence C I
Fiber Roll Barrier €
28- t Vegetated Buffer
Concrete `♦ s ® ;
Walkway
,♦ 4P
ooe
♦ ♦ as �k
e Distributed
OOPOO discharge into
water of the U.S.
Figure G-6 Example 2- Equivalent Sediment Load Reductions at a 6.5 ac Site in NM.
Page G -21 of 21
2017 Construction General Permit (CGP)
Appendix H -2-Year, 2 -Hour Storm Frequencies
Part 2.2.12 of the permit indicates that if you install a sediment basin, one of the design
requirements is to provide storage for either (1) the calculated volume of runoff from a 2-year,
24-hour storm, or (2) 3,600 cubic feet per acre drained.This appendix is intended to provide a
guide to permittees to determine the volume of precipitation associated with their local 2-year,
24-hour storm event.
The permittee should start out by determining their local 2-year, 24-hour storm volume.The
rainfall frequency atlases, technical papers, and the Precipitation Frequency Data Server (PFDS)
developed by the National Oceanic and Atmospheric Administration's (NOAA) National
Weather Service (NWS) serve as national standards for rainfall intensity at specified frequencies
and durations in the United States. Table H-1 identifies methods for determining precipitation
frequency based on permit area. EPA notes that permittees may also use alternative peer-
reviewed data sources not listed in Table H - 1 to determine the 2-year, 24-hour storm for their
site.
Table H -1 -Method to Determine Precipitation Frequency Based on Permit Area
PERMIT AREA METHOD TO DETERMINE PRECIPITATION FREQUENCY
District of Columbia PFDS; NOAA Atlas 14, Vol. 2
Idaho NOAA Atlas 2, Vol. 5; Technical Paper 40
Massachusetts Technical Paper 40
New Hampshire Technical Paper 40
New Mexico PFDS; Technical Paper 40
Selected Pacific Islands PFDS; Technical Paper 40
Puerto Rico and the U.S Virgin Islands PFDS; Technical Paper 40
Other PFDS; Technical Paper 40, NOAA Atlas 2 or 14
How to Determine Your Local 2-year, 24-hour Storm Size
Projects located in the District of Columbia, Massachusetts, New Hampshire, New Mexico, Puerto
Rico, U.S. Virgin Islands, or Pacific Islands can use the PFDS at
http://hdsg.nws.noaa.gov/hdsc/pfds/index.html or the appropriate NOAA's Atlas 14 Volume at
http://www.nws.noaa.qov/oh/hdsc/currentpf.htm to determine their precipitation frequency.
The PFDS is an easy to use, point-and-click interface to official U.S. precipitation frequency
estimates and intensities. The opening PFDS screen is a clickable map of the United States. Upon
clicking on a state, a state-specific interface appears. From this page the user selects the
following:
• A location: Either via clicking on the map or manually entering a longitude/latitude
coordinate,
• Data type: precipitation depth or precipitation intensity
• Units: english or metric; and
• Time series type: partial duration or annual maximum.
Additionally, PFDS also serves as a tool for providing references and other information for other
current precipitation frequency standards that are not yet updated.
Page H-1 of 4
2017 Construction General Permit (CGP)
Projects located in Idaho can use the NOAA Atlas 2, Vol. 5 to determine their precipitation
frequency. NOTE: Precipitation Frequencies on the NOAA Atlas 2, Vol. 5 are in tenths of an inch
and will have to be converted to inches to determine precipitation frequency. NOAA Atlas 2,
Vol. 5 can be accessed at
http://www.nws.noaa.aov/oh/hdsc/PF documents/Atlas2 Volume5.pdf. (See also attached
map of NOAA Atlas 2, Vol. 5)
Projects located in areas not covered by the PFDS or NOAA Atlases will need to use TP-40 to
identify the precipitation frequency. TP-40 provides a map of the continental U.S. for the 2-year,
24-hour rainfall.TP40 can be accessed at
http://www.nws.noaa.gov/oh/hdsc/PF documents/TechnicalPaper No40.pdf. (See also
attached map of TP-40)
Page H-2 of 4
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2017 Construction General Permit (CGP)
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Page H-4 of 4
2017 Construction General Permit (CGP)
Appendix I - Standard Permit Conditions
Standard permit conditions in Appendix I are consistent with the general permit provisions
required under 40 CFR 122.41.
1.1 Duty To Comply.
You must comply with all conditions of this permit.Any permit noncompliance constitutes a
violation of the Clean Water Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification, or for denial of a permit renewal application.
1.1.1 You must comply with effluent standards or prohibitions established under Section 307(a)
of the Clean Water Act for toxic pollutants within the time provided in the regulations
that establish these standards, even if the permit has not yet been modified to
incorporate the requirement.
1.1.2 Penalties for Violations of Permit Conditions: The Director will adjust the civil and
administrative penalties listed below in accordance with the Civil Monetary Penalty
Inflation Adjustment Rule (61 FR 252, December 31, 1996, pp. 69359-69366, as corrected in
62 FR 54, March 20, 1997, pp.13514-13517) as mandated by the Debt Collection
Improvement Act of 1996 for inflation on a periodic basis.This rule allows EPA's penalties
to keep pace with inflation.The Agency is required to review its penalties at least once
every 4 years thereafter and to adjust them as necessary for inflation according to a
specified formula. The civil and administrative penalties following were adjusted for
inflation starting in 1996.
1.1.2.1 Criminal Penalties.
a. Negligent Violations.The CWA provides that any person who negligently violates
permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to criminal penalties of not less than $2,500 nor more than $25,000
per day of violation, or imprisonment of not more than one year, or both. In the
case of a second or subsequent conviction for a negligent violation, a person
shall be subject to criminal penalties of not more than $50,000 per day of violation
or by imprisonment of not more than two years, or both.
b. Knowing Violations. The CWA provides that any person who knowingly violates
permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to a fine of not less than $5,000 nor more than $50,000 per day of
violation, or by imprisonment for not more than 3 years, or both. In the case of a
second or subsequent conviction for a knowing violation, a person shall be
subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both.
c. Knowing Endangerment. The CWA provides that any person who knowingly
violates permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or
405 of the Act and who knows at that time that he or she is placing another
person in imminent danger of death or serious bodily injury shall upon conviction
be subject to a fine of not more than $250,000 or by imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a
knowing endangerment violation, a person shall be subject to a fine of not more
than $500,000 or by imprisonment of not more than 30 years, or both. An
organization, as defined in Section 309(c)(3)(B)(iii) of the Act, shall, upon
conviction of violating the imminent danger provision be subject to a fine of not
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2017 Construction General Permit (CGP)
more than $1,000,000 and can fined up to $2,000,000 for second or subsequent
convictions.
d. False Statement. The CWA provides that any person who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required to be
maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000, or by imprisonment for not more than 2 years, or both. If a
conviction of a person is for a violation committed after a first conviction of such
person under this paragraph, punishment is a fine of not more than $20,000 per
day of violation, or by imprisonment of not more than 4 years, or both.The Act
further provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or
required to be maintained under this permit, including monitoring reports or
reports of compliance or non-compliance shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more
than 6 months per violation, or by both.
1.1.2.2 Civil Penalties. The CWA provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a civil
penalty not to exceed the maximum amount authorized by Section 309(d) of the Act, as
adjusted pursuant to the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461
note) as amended (28 U.S.C. § 2461 note), and codified at 40 CFR § 19.4.
1.1.2.3 Administrative Penalties. The CWA provides that any person who violates a permit
condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject
to an administrative penalty, as follows
a. Class I Penalty. Not to exceed the maximum amounts authorized by Section
309(g)(2)(A) of the Act, as adjusted pursuant to the Federal Civil Penalties
Inflation Adjustment Act (28 U.S.C. § 2461 note), as amended (28 U.S.C. § 2461
note), and codified at 40 CFR § 19.4.
b. Class II Penalty. Not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act, as adjusted pursuant to the Federal Civil Penalties Inflation
Adjustment Act (28 U.S.C. § 2461 note), as amended, (28 U.S.C. § 2461 note), and
codified at 40 CFR § 19.4.
1.2 Duty to Reapply.
If you wish to continue an activity regulated by this permit after the expiration date of this permit,
you must apply for and obtain authorization as required by the new permit once EPA issues it.
1.3 Need to Halt or Reduce Activity Not a Defense.
It shall not be a defense for you in an enforcement action that it would have been necessary to
halt or reduce the permitted activity in order to maintain compliance with the conditions of this
permit.
1.4 Duty to Mitigate.
You must take all reasonable steps to minimize or prevent any discharge in violation of this
permit which has a reasonable likelihood of adversely affecting human health or the
environment.
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1.5 Proper Operation and Maintenance.
You must at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) that are installed or used by you to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the
operation of backup or auxiliary facilities or similar systems which are installed by you only when
the operation is necessary to achieve compliance with the conditions of this permit.
1.6 Permit Actions.
This permit may be modified, revoked and reissued, or terminated for cause. Your filing of a
request for a permit modification, revocation and reissuance, or termination, or a notification of
planned changes or anticipated noncompliance does not stay any permit condition.
1.7 Property Rights.
This permit does not convey any property rights of any sort, or any exclusive privileges.
1.8 Duty to Provide Information.
You must furnish to EPA or an authorized representative (including an authorized contractor
acting as a representative of EPA), within a reasonable time, any information that EPA may
request to determine whether cause exists for modifying, revoking and reissuing, or terminating
this permit or to determine compliance with this permit. You must also furnish to EPA or an
authorized representative upon request, copies of records required to be kept by this permit.
1.9 Inspection and Entry.
You must allow EPA or an authorized representative (including an authorized contractor acting
as a representative of EPA), upon presentation of credentials and other documents as may be
required by law, to:
1.9.1 Enter upon your premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this permit;
1.9.2 Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
1.9.3 Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
1.9.4 Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
1.10 Monitoring and Records.
1.10.1 Samples and measurements taken for the purpose of monitoring must be representative
of the volume and nature of the monitored activity.
1.10.2 You must retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of all data used
to complete the application for this permit, for a period of at least three years from the
date the permit expires or the date the permittee's authorization is terminated.This
period may be extended by request of EPA at any time.
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2017 Construction General Permit (CGP)
1.10.3 Records of monitoring information must include:
1.10.3.1 The date, exact place, and time of sampling or measurements;
1.10.3.2 The individual(s) who performed the sampling or measurements;
1.10.3.3 The date(s) analyses were performed
1.10.3.4 The individual(s) who performed the analyses;
1.10.3.5 The analytical techniques or methods used; and
1.10.3.6 The results of such analyses.
1.10.4 Monitoring must be conducted according to test procedures approved under 40 CFR
Part 136, unless other test procedures have been specified in the permit.
1.10.5 The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required to be maintained under
this permit shall, upon conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or both. If a conviction of a person is for a
violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of
not more than 4 years, or both.
1.11 Signatory Requirements.
1.11.1 All applications, including NOls, must be signed as follows:
For a corporation: By a responsible corporate officer. For the purpose of this subsection, a
responsible corporate officer means: (i) a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities,
provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other
comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary systems
are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
1.11.1.2 For a partnership or sole proprietorship: By a general partner or the proprietor,
respectively; or
I.1 1.1 .3 For a municipality, state, federal, or other public agency: By either a principal executive
officer or ranking elected official. For purposes of this subsection, a principal executive
officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a
senior executive officer having responsibility for the overall operations of a principal
geographic unit of the agency (e.g., Regional Administrator of EPA).
1.11.2 Your SWPPP, including changes to your SWPPP, inspection reports, and any other
compliance documentation required under this permit, must be signed by a person
described in Appendix I,Subsection I.1 1.1 above or by a duly authorized representative
of that person. A person is a duly authorized representative only if:
1.11.2.1 The authorization is made in writing by a person described in Appendix 1, Subsection
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1.11.2.2 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); and
1.11.2.3 The signed and dated written authorization is included in the SWPPP. A copy must be
submitted to EPA, if requested.
1.11.3 Changes to Authorization. If an authorization under this permit is no longer accurate
because a different operator has responsibility for the overall operation of the
construction site, a new NOI must be submitted to EPA. See Table 1 in Part 1.4.2 of the
permit. However, if the only change that is occurring is a change in contact information
or a change in the facility's address, the operator need only make a modification to the
existing NOI submitted for authorization.
1.11.4 Any person signing documents in accordance with Appendix I, Subsections 1.1 1.1 or I.1 1.2
above must include 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 gathered and evaluated the information
contained therein. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the
information contained is, to the best of my knowledge and belief, true, accurate,
and complete. I have no personal knowledge that the information submitted is other
than 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."
1.11.5 For persons signing NOls electronically, in addition to meeting other applicable
requirements in Appendix I,Subsection 1.1 1, such signatures must meet the same
signature, authentication, and identity-proofing standards set forth at 40 CFR § 3.2000(b)
for electronic reports (including robust second-factor authentication).
1.11.6 The CWA provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this permit, including monitoring reports or reports of compliance or
non-compliance shall, upon conviction, be punished by a fine of not more than $10,000
per violation, or by imprisonment for not more than 6 months per violation, or by both.
1.12 Reporting Requirements.
1.12.1 Planned changes. You must give notice to EPA as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
1.12.1.1 The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR 122.29(b); or
1.12.1.2 The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged.This notification applies to pollutants which are subject neither
to effluent limitations in the permit, nor to notification requirements under 40 CFR
122.42(a)(1).
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1.12.2 Anticipated noncompliance. You must give advance notice to EPA of any planned
changes in the permitted facility or activity which may result in noncompliance with
permit requirements.
1.12.3 Transfers.This permit is not transferable to any person except after notice to EPA. Where a
facility wants to change the name of the permittee, the original permittee (the first
owner or operators) must submit a Notice of Termination pursuant to Part 8. The new
owner or operator must submit a Notice of Intent in accordance with Part 1.7 and Table
1. See also requirements in Appendix I, Subsections I.1 1.1 and I.1 1 .2.
1.12.4 Monitoring reports. Monitoring results must be reported at the intervals specified
elsewhere in this permit.
1.12.4.1 Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms
provided or specified by EPA for reporting results of monitoring of sludge use or disposal
practices.
1.12.4.2 If you monitor any pollutant more frequently than required by the permit using test
procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal,
approved under 40 CFR 136 unless otherwise specified in 40 CFR Part 503, or as specified
in the permit, the results of this monitoring must be included in the calculation and
reporting of the data submitted in the DMR or sludge reporting form specified by EPA.
1.12.5 Compliance schedules. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of this
permit must be submitted no later than 14 days following each schedule date.
1.12.6 Twenty-four hour reporting. In addition to reports required elsewhere in this permit:
1.12.6.1 You must report any noncompliance which may endanger health or the environment
directly to the EPA Regional Office (see contacts at https://www2.epa.gov/national-
pollutant-discharge-elimination-system-npdes/contact-us-stormwater#regional). Any
information must be provided orally within 24 hours from the time you become aware of
the circumstances. A written submission must also be provided within five days of the
time you become aware of the circumstances. The written submission must contain a
description of the noncompliance and its cause; the period of noncompliance, including
exact dates and times, 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 reoccurrence of the noncompliance.
1.12.6.2 The following shall be included as information which must be reported within 24 hours
under this paragraph.
a. Any unanticipated bypass which exceeds any effluent limitation in the permit.
(See 40 CFR 122.41 (m)(3)(ii))
b. Any upset which exceeds any effluent limitation in the permit
c. Violation of a maximum daily discharge limit for any numeric effluent limitation.
(See 40 CFR 122.44(g).)
1.12.6.3 EPA may waive the written report on a case-by-case basis for reports under Appendix I,
Subsection 1.12.6.2 if the oral report has been received within 24 hours.
1.12.7 Other noncompliance. You must report all instances of noncompliance not reported
under Appendix I, Subsections 1.12.4, 1.12.5, and 1.12.6, at the time monitoring reports are
submitted. The reports must contain the information listed in Appendix 1, Subsection 1.12.6.
1.12.8 Other information. Where you become aware that you failed to submit any relevant
facts in a permit application, or submitted incorrect information in a permit application
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or in any report to the Permitting Authority, you must promptly submit such facts or
information.
1.13 Bypass.
1.13.1 Definitions.
1.13.1.1 Bypass means the intentional diversion of waste streams from any portion of a treatment
facility See 40 CFR 122.41 (m)(1)(i).
1.13.1.2 Severe property damage means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production. See 40 CFR 122.41 (m)(1)(ii).
1.13.2 Bypass not exceeding limitations. You may allow any bypass to occur which does not
cause effluent limitations to be exceeded, but only if it also is for essential maintenance
to assure efficient operation. These bypasses are not subject to the provisions of
Appendix I,Subsections 1.13.3 and 1.13.4.See 40 CFR 122.41 (m)(2).
1.13.3 Notice.
1.13.3.1 Anticipated bypass. If you know in advance of the need for a bypass, you must submit
prior notice, if possible at least ten days before the date of the bypass. See 40 CFR
122.41 (m)(3)(i).
1.13.3.2 Unanticipated bypass. You must submit notice of an unanticipated bypass as required in
Appendix I, Subsection 1.12.6 (24-hour notice). See 40 CFR 122.41 (m)(3)(ii).
1.13.4 Prohibition of bypass. See 40 CFR 122.41 (m)(4).
1.13.4.1 Bypass is prohibited, and EPA may take enforcement action against you for bypass,
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime.This condition is not satisfied if adequate back-
up equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
c. You submitted notices as required under Appendix 1, Subsection 1.13.3.
1.13.4.2 EPA may approve an anticipated bypass, after considering its adverse effects, if EPA
determines that it will meet the three conditions listed above in Appendix I, Subsection
1.13.4.1.
1.14 Upset.
1.14.1 Definition. Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond your reasonable control. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.See 40 CFR 122.41 (n)(1).
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1.14.2 Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of Appendix I, Subsection 1.14.3 are met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before
an action for noncompliance, is final administrative action subject to judicial review. See
40 CFR 122.41 (n)(2).
1.14.3 Conditions necessary for a demonstration of upset. See 40 CFR 122.41 (n)(3). A permittee
who wishes to establish the affirmative defense of upset must demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
1.14.3.1 An upset occurred and that you can identify the cause(s) of the upset;
1.14.3.2 The permitted facility was at the time being properly operated; and
1.14.3.3 You submitted notice of the upset as required in Appendix I, Subsection 1.12.6.2.b (24 hour
notice).
1.14.3.4 You complied with any remedial measures required under Appendix I, Subsection 1.4.
1.14.4 Burden of proof. In any enforcement proceeding, you, as the one seeking to establish
the occurrence of an upset, have the burden of proof. See 40 CFR 122.41 (n)(4).
1.15 Retention of Records.
Copies of the SWPPP and all documentation required by this permit, including records of all data
used to complete the NOI to be covered by this permit, must be retained for at least three years
from the date that permit coverage expires or is terminated.This period may be extended by
request of EPA at any time.
1.16 Reopener Clause.
1.16.1 Procedures for modification or revocation. Permit modification or revocation will be
conducted according to 40 CFR §122.62, §122.63, §122.64 and §124.5.
1.16.2 Water quality protection. If there is evidence indicating that the stormwater discharges
authorized by this permit cause, have the reasonable potential to cause or contribute to
an excursion above any applicable water quality standard, you may be required to
obtain an individual permit, or the permit may be modified to include different limitations
and/or requirements.
1.16.3 Timing of permit modification. EPA may elect to modify the permit prior to its expiration
(rather than waiting for the new permit cycle) to comply with any new statutory or
regulatory requirements, such as for effluent limitation guidelines that may be
promulgated in the course of the current permit cycle.
1.17 Severability.
Invalidation of a portion of this permit does not necessarily render the whole permit invalid. EPA's
intent is that the permit is to remain in effect to the extent possible; in the event that any part of
this permit is invalidated, EPA will advise the regulated community as to the effect of such
invalidation.
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Appendix J - Notice of Intent (NOI) Form and Instructions
Part 1.4.1 requires you to use the NPDES eReporting Tool, or "NeT" system, to prepare and submit
your NOI electronically. However, if the EPA Regional Office grants you a waiver to use a paper
NOI form, and you elect to use it, you must complete and submit the following form.
Page J-1 of 10
NPDES UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Form Approved.
FORM 11111l WASHINGTON,DC 20460 OMB No.2040-0004
3510.9 WiShEPA NOTICE OF INTENT FOR THE 2017 NPDES CONSTRUCTION GENERAL PERMIT
Submission of this Notice of Intent(NOI)constitutes notice that the operator identified in Section III of this form requests authorization to discharge pursuant to
the NPDES Construction General Permit(CGP)permit number identified in Section II of this form.Submission of this NOI also constitutes notice that the operator
identified in Section III of this form meets the eligibility requirements of Part 1.1 CGP for the project identified in Section IV of this form.Permit coverage is
required prior to commencement of construction activity until you are eligible to terminate coverage as detailed in Part 8 of the CGP.To obtain authorization,
you must submit a complete and accurate NOI form.Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for
permit coverage.Refer to the instructions at the end of this form.
I.Approval to;Use Paper NOI Form
Have you been granted a waiver from electronic reporting from the Regional Office*?❑YES ❑NO
If yes,check which waiver you have been granted,,the name of the EPA Regional Office staff person who granted the waiver,and the date of approval:
Waiver granted: The owner/operator's headquarters is physically located in a geographic area(i.e.,ZIP code or census tract)that
is identified as under-served for broadband Internet access in the most recent report from the Federal
Communications Commission.
❑ The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the waiver: I I I I I ( I I I I I I I ( I I ( I I I I I I
Date approval obtained: I I I/I I I/I
*Note:You are required to obtain approval from the applicable Regional Office prior to using this paper NOI form.If you have not obtained a waiver,you must
file this form electronically using the NPDES eReporting Tool(NeT).
II.Permit Information NPDES ID(EPA Use Only):
Master Permit Number: ( I I I (see Appendix B of the CGP for the list of eligible permit numbers)
III.Operator Information
Operator Information
Operator Name: I I I I I I I
Are you requesting coverage under this NOI as a"federal operator"as defined in Appendix A? ❑YES ❑ NO
Mailing Address:
Street: I I II I I I I I I I I I I I I I I I I I I I I I I I I I
City: I I I I I I I I I I I I I I I I I I I I I I I I I I I State: W ZIPCoded I Ill I J I_I
County or Similar Government Division: I I I I I I I I I I I I I I I I I I I I I I I I I I
Phone: Ext.
E-mail: I I ( I
Operator Point of Contact Information:
First Name,Middle
Initial,Last Name: u
LU
Title: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
NOI Preparer(Complete if NOI was prepared by someone other than the certifier):
First Name,Middle I I I I I I
Initial,Last Name: u L
Organization:
Phone: L�L�J Ext.
E-mail:
EPA Form 3510-9 Page 1 of 8
IV.Project/Site Information
Project/Site Name: I I I I I I
Project/Site Address:
Street/Location:
City: I I I I I I I I I I II I II I I I I I I I I I I I State: W ZIP Code:
County or Similar Government Subdivision: 11 I I I I I I I I I I I I I I I I I
For the project/site you are seeking permit coverage,provide the following information:
Latitude/Longitude (Use decimal degrees and specify method):
Latitude: __.__ __°N (decimal degrees) Longitude:
W(decimal degrees)
Latitude/Longitude Data Source:❑Map ❑CPS ❑Other Horizontal Reference Datum: ❑NAD 27 ❑NAD 83 ❑WGS 84
Is your project/site located in Indian country lands,or located on a property of religious or cultural significance to an Indian tribe? ❑YES ❑ NO
If yes,provide the name of the Indian tribe associated with the area of Indian country(including name of Indian reservation,if applicable),or if not in
Indian country,provide the name of the Indian tribe associated with the property:
Estimated Project Start Date: I I I/m/I I I I Estimated Project Completion Date:
Estimated Area to be Disturbed(to the nearest quarter acre): W
Type of Construction Site(check all that apply):❑Single-Family Residential ❑Multi-Family Residential ❑Commercial ❑Industrial
❑Institutional ❑Highway or Road ❑ Utility ❑Other
Will there be demolition of any structure built or renovated before January 1, 1980? ❑YES ❑NO
If yes,do any of the structures being demolished have at least 10,000 square feet of floor space? ❑YES ❑NO
Was the pre-development land use used for agriculture (see Appendix A for definition of"agricultural land")?❑YES ❑ NO
Have earth-disturbing activities commenced on your project/site? ❑YES ❑NO
If yes,is your project an"emergency-related project" (see Appendix A)? ❑YES ❑NO
Have stormwater discharges from your project/site been covered previously under an NPDES permit? ❑YES ❑NO
If yes,provide the NPDES ID(if you had coverage under EPA's 2012 CGP or the NPDES permit number if you had
coverage under an EPA individual permit:
V.Discharge Information
By indicating"Yes"below,I confirm that I understand that the CGP only authorizes the allowable stormwater discharges in Part 1.2.1 and the allowable non-
stormwater discharges listed in Part 1.2.2.Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CWA
section 402(k)by disclosure to EPA,state,or local authorities after issuance of this permit via any means,including the Notice of Intent(NOI)to be covered by
the permit,the Stormwater Pollution Prevention Plan(SWPPP),during an inspection,etc.If any discharges requiring NPDES permit coverage other than the
allowable stormwater and non-stormwater discharges listed in Parts 1.2.1 and 1.2.2 will be discharged,they must be covered under another NPDES permit.
❑ YES
Does your project/site discharge stormwater into a Municipal Separate Storm Sewer System(MS4)?❑YES ❑NO
Are there any waters of the U.S.within 50 feet of your project's earth disturbances?❑YES ❑ NO
EPA Form 3510-9 Page 2 of 9
Receiving Waters Information:(Attach a separate list if necessary)
For each point of discharge,provide the following receiving water information:
Point of Provide the name of the first water of
Discharge the U.S.that receives stormwater
ID directly from the point of discharge If the receiving water is impaired(on If a TMDL been completed for this
and/or from the MS4 that the point of the CWA 303(d)list),list the pollutants receiving waterbody,providing the
discharge discharges to: that are causing the impairment: following information:
TMDL Name and ID:
Pollutant(s)for which
there is a TMDL:
TMDL Name and ID:
Pollutant(s)for which
there is a TMDL:
TMDL Name and ID:
Pollutant(s)for which
there is a TMDL:
TMDL Name and ID:
Pollutant(s)for which
there is a TMDL:
EPA Form 3510-9 Page 3 of 9
TMDL Name and ID:
Pollutant(s)for which
there is a TMDL:
TMDL Name and ID:
Pollutant(s)for which
there is a TMDL:
Are any of the waters of the U.S.to which you discharge designated by the state or tribal authority under its ontidegradation policy as a Tier 2(or Tier 2.5)water
(water quality exceeds levels necessary to support propagation of fish,shellfish,and wildlife and recreation in and on the water)or as a Tier 3 water
(Outstanding National Resource Water)? (See Appendix F).
❑YES ❑ NO
If yes,names)of receiving water(s)and its designation(Tier 2,Tier 2.5 or Tier 3):
VI.Chemical Treatment Information
Will you use polymers,flocculants,or other treatment chemicals at your construction site?❑YES ❑NO
If yes,will you use cationic treatment chemicals at your construction site*?❑YES ❑NO
If yes,have you been authorized to use cationic treatment chemicals by your applicable EPA Regional Office in advance of filing your NOI*?
❑YES ❑ NO
If you have been authorized to use cationic treatment chemicals by your applicable EPA Regional Office,attach a copy of your authorization letter and
include documentation of the appropriate controls and implementation procedures designed to ensure that your use of cationic treatment chemicals
will not lead to a violation of water quality standards.
Please indicate the treatment chemicals that you will use:
*Note:You are ineligible for coverage under this permit unless you notify your applicable EPA Regional Office in advance and the EPA office authorizes
coverage under this permit after you have included appropriate controls and implementation procedures designed to ensure that your use of cationic
treatment chemicals will not lead to a violation of water quality standards.
VII.Stormwater Pollution Prevention Plan(SWPPP)Information
Has the SWPPP been prepared in advance of filing this NOI,as required? ❑YES ❑NO
SWPPP Contact Information:
First Name, I
Middle Initial Last
Name:
Professional Title: I I I) I I I
Phone: -I I I I -I I I 11 Ext. �u
E-mail: I I I I
EPA Form 3510-9 Page 4 of 9
Vlli.Endangered Species Protection
Using the instructions in Appendix D of the CGP,under which criterion listed below are you eligible for coverage under this permit?Check only 1 box,include
the required information and provide a sound basis for supporting the criterion selected.You must consider Endangered Species Act listed threatened or
endangered species(ESA-listed)and/or designated critical habitat(s)under the jurisdiction of both the U.S.Fish and Wildlife Service (USFWS)and National
Marine Fisheries Service(NMFS)and select the most conservative criterion that applies.
❑A No ESA-listed species and/or designated critical habitat present in action area.Using the process outlined in Appendix D of this permit,you certify
that ESA-listed species and designated critical habitat(s)under the jurisdiction of the USFWS or NMFS are not likely to occur in your site's"action area"
as defined in Appendix A of this permit.[Basis statement content•A basis statement supporting the selection of this criterion should identify the USFWS
and NMFS information sources used Attaching aerial image(s)of the site to this NOI is helpful to EPA USFWS and NMFS in confirming eligibility under
this criterion.Please Note:NMFS'jurisdiction includes ESA-listed marine and estuarine species that spawn in inland rivers.]
❑B Eligibility requirements met by another operator under the 2011 CGP.The construction site's discharges and discharge-related activities were already
addressed in another operator's valid certification of eligibility for your"action area"under eligibility Criterion A,C,D,E,or F of the 2017 CGP and you
have confirmed that no additional ESA-listed species and/or designated critical habitat under the jurisdiction of USFWS and/or NMFS not considered
in the that certification may be present or located in the"action area." To certify your eligibility under this criterion,there must be no lapse of NPDES
permit coverage in the other CGP operator's certification.By certifying eligibility under this criterion,you agree to comply with any conditions upon
which the other CGP operator's certification was based.You must include in your NOI the NPDES ID from the other 2017CGP operator's notification of
authorization under this permit.If your certification is based on another 2017 CGP operator's certification under criterion C,you must provide EPA with
the relevant supporting information required of existing dischargers in criterion C in your NOI form.[Basis statement content:A basis statement
supporting the selection of this criterion should identify the eligibility criterion of the other CGP NOI the authorization date and confirmation that the
authorization is effective.)
If you select criterion B,provide the NPDES ID from the other operator's notification of authorization under this permit:
❑C Discharges not likely to adversely affect ESA-listed species and/or designated critical habitat.ESA-listed species and/or designated critical habitat(s)
under the jurisdiction of the USFWS and/or NMFS are likely to occur in or near your site's"action area,"and you certify to EPA that your site's
discharges and discharge-related activities are not likely to adversely affect ESA-listed threatened or endangered species and/or designated critical
habitat.This certification may include consideration of any stormwater controls and/or management practices you will adopt to ensure that your
discharges and discharge-related activities are not likely to adversely affect ESA-listed species and/or designated critical habitat.To certify your
eligibility under this criterion,indicate 1)the ESA-listed species and/or designated habitat located in your"action area"using the process outlined in
Appendix D of this permit; 2)the distance between the site and the listed species and/or designated critical habitat in the action area(in miles);and
3)a rationale describing specifically how adverse effects to ESA-listed species will be avoided from the discharges and discharge-related activities.
You must also include a copy of your site map from your SWEEP showing the upland and in-water extent of your"action area"with this NOI.Lgglk
statement content•A basis statement supporting the selection of this criterion should identify the information resources and expertise(e.g.,state or
federal biologists)used to arrive at this conclusion Any supporting documentation should explicitly state that both ESA-listed species and designated
critical habitat under the Jurisdiction of the USFWS and/or NMFS were considered in the evaluation.)
What ESA-listed species and/or designated critical habitat are located in your"action area":
Distance between your site and the ESA-listed species and/or designated critical habitat within the action area(in miles,state"on site"if the ESA-
listed species and/or designated critical habitat is within the area to be disturbed):
❑D Coordination with USFWS and/or NMFS has successfully concluded.Coordination between you and the USFWS and/or NMFS has concluded.The
coordination must have addressed the effects of your site's discharges and discharge-related activities on ESA-listed species and/or designated
critical habitat under the jurisdiction of USFWS and/or NMFS,and resulted in a written concurrence from USFWS and/or NMFS that your site's
discharges and discharge-related activities are not likely to adversely affect listed species and/or critical habitat.You must include copies of the
correspondence with the participating agencies in your SWEEP and this NOI.[Basis statement content:A basis statement supporting the selection of
this criterion should identify whether USFWS or NMFS or both agencies participated in coordination the field office/regional office(s)providing thot
coordination and the date that coordination concluded.]
❑E ESA Section 7 consultation has successfully concluded.Consultation between a Federal Agency and the USFWS and/or NMFS under section 7 of the
ESA has concluded.The consultation must have addressed the effects of the construction site's discharges and discharge-related activities on ESA-
listed species and/or designated critical habitat under the jurisdiction of USFWS and/or NMFS.To certify eligibility under this criterion,Indicate the
result of the consultation:
❑biological opinion from USFWS and/or NMFS that concludes that the action in question(taking into account the effects of your site's
discharges and discharge-related activities)is not likely to jeopardize the continued existence of listed species,nor the destruction or adverse
modification of critical habitat;or
❑written concurrence from USFWS and/or NMFS with a finding that the site's discharges and discharge-related activities are not likely to
adversely affect ESA-listed species and/or designated critical habitat.
You must include copies of the correspondence between yourself and the USFWS and/or NMFS in your SWPPP and this NOI.[Basis statement
content:A basis statement supporting the selection of this criterion should identify the federal action agencie(s)involved,the field office/regional
office(s)providing that consultation any tracking numbers of identifiers associated with that consultation(e.g. IPaC number,PCTS number),and the
date the consultation was completed.]
EPA Form 3510-9 Page 5 of 9
❑F Issuance of section 10 permit.Potential take is authorized through the issuance of a permit under section 10 of the ESA by the USFWS and/or NMFS,
and this authorization addresses the effects of the site's discharges and discharge-related activities on ESA-listed species and designated critical
habitat.You must include copies of the correspondence between yourself and the participating agencies in your SWPPP and your NOI.LBasis
statement content.A basis statement supporting the selection of this criterion should identify whether USFWS or NMFS or both agencies provided a
section 10 permit the field office/regional office(s)providing permit(s) any tracking numbers of identifiers associated with that consultation(e.g.,
IPaC number.PCTS number),and the date the permit was granted.]
Provide a brief summary of the basis for criterion selection listed above[the necessary content for a supportive basis statement is provided under the criterion
you selected.].
IX.Historic Preservation
Are you installing any stormwater controls as described in Appendix E that require subsurface earth disturbance? (Appendix E,Step 1) ❑YES ❑NO
If yes,hove prior surveys or evaluations conducted on the site have already determined historic properties do not exist,or that prior disturbances have
precluded the existence of historic properties? (Appendix E,Step 2) ❑YES ❑NO
If no,have you determined that your installation of subsurface earth-disturbing stormwater controls will have no effect on historic properties?
(Appendix E,Step 3) ❑YES ❑NO
If no,did the SHPO,THPO,or other tribal representative(whichever applies)respond to you within the 15 calendar days to indicate whether the
subsurface earth disturbances caused by the installation of stormwater controls affect historic properties? (Appendix E,Step 4) ❑YES ❑NO
If yes,describe the nature of their response:
❑ Written indication that no historic properties will be affected by the installation of stormwater controls.
❑ Written indication that adverse effects to historic properties from the installation of stormwater controls can be mitigated by
agreed upon actions.
❑ No agreement has been reached regarding measures to mitigate effects to historic properties from the installation of
stormwater controls.
❑ Other:
X.JCertification Information
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 gathered and evaluated the information submitted.Based on my inquiry of the person or persons who manage the
system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,
and complete.I have no personal knowledge that the information submitted is other than 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.
First Name,Middle
Initial,Last Name: I I I u L
Title: Illillllllllllllllll IIIIIIIIII
Signature: Date:
Email 1 ( I ( I (
EPA Form 3510-9 Page 6 of 9
Instructions for Completing EPA Form 3510-9
Notice of Intent for the 2017 NPDES Construction General Permit
NPDES Form Date(2/17) This Form Replaces Form 3510-9(02/12) Form Approved OMB No.2040-0004
Who Must File an NOI Form Also provide a point of contact, the operator's mailing address,
Under the provisions of the Clean Water Act, as amended (33 county,telephone number,and e-mail address(to be notified via
U.S.C. 1251 et. seq.; the Act), federal law prohibits stormwater e-mail of NOI approval when available).Correspondence for the
discharges from certain construction activities to waters of the U.S. NOI will be sent to this address.
unless that discharge is covered under a National Pollutant If the NOI was prepared by someone other than the certifier(for
Discharge Elimination System (NPDES) permit. Operators of example,if the NOI was prepared by the facility SWPPP contact
construction sites where one or more acres are disturbed,smaller or a consultant for the certifier's signature),include the full name,
sites that are part of a larger common plan of development or organization, phone number, and email address of the NOI
sale where there is a cumulative disturbance of at least one acre, preparer.
or any other site specifically designated by the Director, must
obtain coverage under an NPDES general permit. For coverage Section IV.Project/Site Information
under the 2017 CGP, each person, firm, public organization, or Enter the official or legal name and complete street address,
any other entity that meets either of the following criteria must file including city,state,ZIP code, and county or similar government
a Notice of Intent form: (1) they have operational control over subdivision of the project or site.If the project or site lacks a street
construction plans and specifications, including the ability to address, indicate the general location of the site (e.g.,
make modifications to those plans and specifications;or(2) they Intersection of State Highways 61 and 34). Complete site
have day-to-day operational control of those activities at the information must be provided for permit coverage to be granted.
project necessary to ensure compliance with the permit
conditions. If you have questions about whether you need a Provide the latitude and longitude of your facility in decimal
NPDES stormwater permit,or if you need information to determine degrees format.The latitude and longitude of your facility can be
whether EPA or your state agency is the permitting authority, determined in several different ways,including through the use of
contact your EPA Regional Office. global positioning system (GPS) receivers, U.S. Geological Survey
(U.S.G.S.) topographic or quadrangle maps, and web-based
Completing the Form siting tools, among others. For consistency, EPA requests that
Obtain and read a copy of the 2017 CGP, viewable at measurements be taken from the approximate center of the
httos://www.eoc.gov/nodes/`stormwafer-discharges construction site. For linear construction sites, the measurement
construction-activities#cap. To complete this form, type or print should be taken midpoint of the site.If known,enter the horizontal
uppercase letters, in the appropriate areas only. Please place reference datum for your latitude and longitude. The horizontal
each character between the marks (abbreviate if necessary to reference datum is shown on the bottom left corner of USGS
stay within the number of characters allowed for each item). Use topographic maps;it is also available for GPS receivers.
one space for breaks between words, but not for punctuation Indicate whether the project is in Indian country lands or located
marks unless they are needed to clarify your response.If you have on a property of religious or cultural significance to an Indian tribe,
any questions on this form,telephone EPA's NOI Processing Center and if so,provide the name of the Indian tribe associated with the
of (866) 352-7755. Please submit the original document with area of Indian country (including name of Indian reservation, if
signature in ink-do not send a photocopied signature. applicable), or if not in Indian country, provide the name of the
Section I.Approval to Use Paper NOI Form Indian tribe associated with the property.
You must indicate whether you have been granted a waiver from Enter the estimated construction start and completion dates using
electronic reporting from the EPA Regional Office. Note that you four digits for the year (i.e., 10/06/2012). Indicate to the nearest
are not authorized to use this paper NOI form unless the EPA quarter acre the estimated area to be disturbed.
Regional Office has approved its use. Where you have obtained Indicate the type of construction site, if demolition is occurring,
approval to use this form,indicate the waiver that you have been and if so, if the structure has at least 10,000 square feet of floor
granted, the name of the EPA staff person who granted the space.Indicate whether the pre-development land use of the site
waiver,and the date that approval was provided. was used for agriculture Appendix A defines"agricultural land"as
See httos://www.epa.gov/nodes/contact-us- cropland, grassland, rangeland, pasture, and other agricultural
stormwater#regional land, on which agricultural and forest-related products or
livestock are produced and resource concerns may be
for a list of EPA Regional Office contacts. addressed. Agricultural lands include cropped woodland,
marshes, incidental areas included in the agricultural operation,
Section Il. Permit Number and other types of agricultural land used for the production of
Provide the master permit number of the permit under which you livestock.
are applying for coverage (see Appendix B of the general permit Indicate whether earth-disturbing activities have already
for the list of eligible master permit numbers)
commenced on your project/site. If earth-disturbing activities
Section III.Operator Information have commenced on your site because stormwater discharges
from the site have been previously covered under a NPDES permit,
Provide the legal name of the person,firm,public organization,or you must provide the 2012 CGP NPDES ID or the NPDES permit
any other entity that operates the project described in this NOI. number if coverage was under an individual permit.
Refer to Appendix A of the permit for the definition of"operator".
Indicate whether you are seeking coverage under this permit as Section V.Discharge Information
a"federal operator" as defined in Appendix A. You must confirm that you understand that the CGP only
authorizes the allowable stormwater discharges listed in Part 1.2.1
and the allowable non-stormwater discharges listed in Part 1.2.2.
EPA Form 3510-9 Page 7 of 9
Instructions for Completing EPA Form 3510-9
Notice of Intent for the 2017 NPDES Construction General Permit
NPDES Form Date(2/17) This Form Replaces Form 3510-9(02/12) Form Approved OMB No.2040-0004
Any discharges not expressly authorized under the CGP are not Indicate the street,city,state,and ZIP code where the SWPPP can
covered by the CGP or the permit shield provision of the CWA be found.Indicate the contact information (name,organization,
Section 402(k) and they cannot become authorized or shielded phone, and email) for the person who developed the SWPPP for
by disclosure to EPA, state, or local authorities via the NOI to be this project.
covered by the permit or by any other means (e.g.,in the SWPPP
or during an inspection).If any discharges requiring NPDES permit Section Vill.Endangered Species Information
coverage other than the allowable stormwater and non- Using the instructions in Appendix D, indicate under which
stormwater discharges listed in Parts 1.2.1 and 1.2.2 will be criterion (i.e., A, B, C, D, E, or F) of the permit the applicant is
discharged, they must either be eliminated or covered under eligible with regard to protection of ESA-listed endangered and
another NPDES permit. threatened species and designated critical habitat.A description
Indicate whether discharges from the site will enter into a of the basis for the criterion selected must also be provided.
municipal separate storm sewer system (MS4), as defined in If criterion B is selected, provide the NPDES Number for the other
Appendix A. operator who had previously certified their eligibility for the CGP
Also,indicate whether any waters of the U.S.existwithin 50 feet from under criterion A,C,D,E,or F.The Tracking Number was assigned
your site. Note that if "yes", you are required to comply with the when the operator received coverage under this permit, and is
requirement in Part 2.2.1 of the permit to provide natural buffers or included in the notice of authorization.
equivalent erosion and sediment controls. If criterion C is selected,you must attach copies of your site map.
For each unique point of discharge you list, you must specify the See Part 7.2.4 of the permit for information about what is required
name of the first water of the U.S.that receives stormwater directly to be in your site map. You must also specify the federally-listed
from the point of discharge and/or from the MS4 that the point of species and/or federally-designated critical habitat that are
discharge discharges to. You must specify whether any waters of located in the "action area" of the project, and provide the
the U.S.that you discharge to are listed as"impaired"as defined in distance between the construction site and any listed
Appendix A,and the pollutants forwhich the water is impaired.You endangered species and/or their designated critical habitat.
must identify any Total Maximum Daily Loads (TMDL) that have If criterion D, E, or F is selected, attach copies of any
been completed for any of the waters of the U.S.that you discharge communications between you and the U.S. Fish and Wildlife
to. Service and National Marine Fisheries Service and identify the
Indicate whether discharges from the site will enter into a water of participating agencies and Field Offices/Regional Offices you
the U.S.that is designated as a Tier 2, Tier 2.5,or Tier 3 water.A list `Forked with in the basis statement of this NOI.
of Tier 2,2.5,and 3 waters is provided as Appendix F.If the answer
is "yes", name all waters designated as Tier 2,Tier 2.5, or Tier 3 to Section IX.Historic Preservation
which the site will discharge. Use the instructions in Appendix E to complete the questions on
the NOI form regarding historic preservation.
Section VI.Chemical Treatment Information
Indicate whether the site will use polymers, flocculants, or other Section X.Certification Information
treatment chemicals. Indicate whether the site will employ The NOI must be signed as follows:
cationic treatment chemicals. If the answer is "yes" to either For a corporation:By a responsible corporate officer.For the
question, indicate which chemical(s) you will use. Note that you purpose of this Section,a responsible corporate officer means:
are not eligible for coverage under this permit to use cationic
treatment chemicals unless you notify your applicable EPA (i) a president, secretary, treasurer, or vice-president of the
Regional Office in advance and the EPA office authorizes corporation in charge of a principal business function, or any
coverage under this permit after you have included appropriate other person who performs similar policy- or decision-making
controls and implementation procedures designed to ensure that functions for the corporation, or (ii) the manager of one or more
your use of cationic treatment chemicals will not lead to a manufacturing, production, or operating facilities, provided, the
violation of water quality standards.If you have been authorized manager is authorized to make management decisions which
to use cationic treatment chemicals by your applicable EPA govern the operation of the regulated facility including having
Regional Office, attach a copy of your authorization letter and the explicit or implicit duty of making major capital investment
include documentation of the appropriate controls and recommendations, and initiating and directing other
implementation procedures designed to ensure that your use of comprehensive measures to assure long-term environmental
cationic treatment chemicals will not lead to a violation of water compliance with environmental laws and regulations; the
quality standards. Examples of cationic treatment chemicals manager can ensure that the necessary systems are established
include, but are not limited to,cationic polyacrylamide (C-PAM), or actions taken to gather complete and accurate information
PolyDADMAC (POLYDIALLYLDIMETHYLAMMONIUM CHLORIDE), for permit application requirements; and where authority to sign
and chitosan. documents has been assigned or delegated to the manager in
Section VII.stormwater Pollution Prevention Plan(SWPPP) accordance with corporate procedures.
Information For a partnership orsole proprietorship:By a general partner or the
All sites eligible for coverage under this permit are required to proprietor,respectively;or
prepare a SWPPP in advance of filing the NOI,in accordance with For a municipality,state,federal,orotherpublic agency:By either
Part 7. Indicate whether the SWPPP has been prepared in a principal executive officer or ranking elected official. For
advance of filing the NOI. purposes of this Part, a principal executive officer of a federal
agency includes (i) the chief executive officer of the agency, or
EPA Form 3510-9 Page 8 of 9
Instructions for Completing EPA Form 3510-9
Notice of Intent for the 2017 NPDES Construction General Permit
NPDES Form Date(2/17) This Form Replaces Form 3510-9(02/12) Form Approved OMB No.2040-0004
(ii) a senior executive officer having responsibility for the overall any correspondence. Do not send the completed form to this
operations of a principal geographic unit of the agency (e.g., address.
Regional Administrator of EPA). Include the name and title of the
person signing the form and the date of signing. An unsigned or Submitting Your Form
undated NOI form will not be considered eligible for permit Submit your NOI form by mail to one of the following addresses:
coverage.
For Regular U.S.Mail Delivery:
Modifying Your NOI Stormwater Notice Processing Center
Mail Code 4203M,ATTN:2017 CGP
If you have been granted a waiver from your Regional Office U.S.EPA
from electronic reporting,and if after submitting your NOI you 1200 Pennsylvania Avenue,NW
need to correct or update any fields on this NOI form,you may Washington,DC 20460
do so by indicating changes on this same form.Paperwork
Reduction Act Notice For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
Public reporting burden for this NOI is estimated to average 3.7 William Jefferson Clinton East Building-Room 7420
hours. This estimate includes time for reviewing instructions, ATTN:2017 CGP
searching existing data sources, gathering and maintaining the U.S.EPA
data needed, and completing and reviewing the collection of 1201 Constitution Avenue, NW
information. An agency may not conduct or sponsor, and a Washington,DC 20004
person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. Send Visit this website for instructions on how to submit electronically:
comments regarding the burden estimate, any other aspect of
the collection of information, or suggestions for improving this cons:/ cfion- pa.aov/nodes/stormwater discharaes
form,including any suggestions which may increase or reduce this construction activities#ereporting
burden to: Chief, Information Policy Branch 2136, U.S.
Environmental Protection, Agency, 1200 Pennsylvania Avenue,
NW,Washington,D.C.20460.Include the OMB control number on
EPA Form 3510-9 Page 9 of 9
2017 Construction General Permit (CGP)
Appendix K - Notice of Termination (NOT) Form and Instructions
Part 8.3 requires you to use the NPDES eReporting Tool, or "NeT" system, to prepare and submit
your NOT electronically. However, if you are given a waiver by the EPA Regional Office to use a
paper NOT form, and you elect to use it, you must complete and submit the following form.
Page K-1 of 4
IUNITED STATES ENVIRONMENTAL PROTECTION AGENCY Form
FORM WASHINGTON,DC 20460 Approved.
o.
3510-13N"WEPA NOTICE OF TERMINATION(NOT)FOR THE 2017 NPDES CONSTRUCTION GENERAL PERMIT OMB 2040-000004
Submission of this Notice of Termination constitutes notice that the operator identified in Section III of this form is no longer authorized discharge pursuant to
the NPDES Construction General Permit(CGP)from the site identified in Section IV of this form.All necessary information must be included on this form.Refer
to the instructions at the end of this form.
I.Approval to Use Paper NOT Form
Have you been granted a waiver from electronic reporting from the Regional Office*?❑YES ❑NO
If yes,check which waiver you have been granted,the name of the EPA Regional Office staff person who granted the waiver,and the date of
approval:
Waiver granted: ❑ The owner/operator's headquarters is physically located in a geographic area(i.e.,ZIP code or census tract)that is
identified as under-served for broadband Internet access in the most recent report from the Federal Communications
Commission.
❑ The owner/operator has issues regarding available computer access or computer capability.
Name of EPA staff person that granted the waiver: I I I I I I I I I I I I I I I I I I I I I I I I I I I � I I I
Date approval obtained: M/m/
*Note:You must have been given approval by the Regional Office prior to using this paper NOT form.If you have not obtained a waiver,you must file this
form electronically using the NDPES eReporting Tool(NeT).
II.Permit Information
NPDES ID: ( I I I
Reason for Termination(Check only one):
❑ You have completed all construction activities at your site,and you have met all other requirements in Part 8.2.1.
❑ Another operator has assumed control over ail areas of the site and that operator has submitted an NOI and obtained coverage under the CGP.
❑ You have obtained coverage under an individual permit or another general NPDES permit addressing stormwater discharges from the
construction site.
III.Operator Information
Operator Name: I I I I I I I I I I I I I I ( ( ( I I ( (
Mailing Address:
Street: I I ( I I I I I I I I I I ( ( I I I I I I I
City: ( I I I ( I I I I I I I I I I I I I I I ( I I I I I ( State: U-1 ZIP Code: WSJ
County or Similar Government Division: I ( I ( I I I I I I I I I I I I
Phone: Ext.
E-mail: I I I I I I I I I I I ( I I I I I I ( I I (
IV.Project/Site Information
Project/Site Name: I I I I I I I I I I I ( I I I ( I I ( I ( I
Project/Site Address:
Street/Location: I ( I I I I I ( I I I I I I I I I I I I I I
City: I I I I I I I I I I I I I I I I I I I I I I I I I I I Stater ZIP Code:
County or Similar Government Division: I I I I I I I I I
EPA Form 3510-13 Page 2 of 4
V.Certification Information
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 gathered and evaluated the information submitted.Based on my inquiry of the person or persons who
manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine and
imprisonment for knowing violations.
First Name,Middle f I l I I I I ( I I I I I
Initial,Last Name:
Title:
Signature: Date: W /M/I I I I J
Email:
EPA Form 3510.13 Page 3 of 4
Instructions for Completing EPA Form 3510-13
Notice of Termination for the 2017 NPDES
Construction General Permit
NPDES Form Date(2/17) This Form Replaces Form 3510-13(02/12) Form Approved OMB No.2040-0004
Who May File an NOT Form production, or operating facilities, provided, the manager is
Permittees who are presently covered under the EPA-issued 2017 authorized to make management decisions which govern the
Construction General Permit (CGP) for Stormwater Discharges operation of the regulated facility including having the explicit or
Associated with Construction Activity may submit an NOT form implicit duty of making major capital investment
when: (1)earth-disturbing activities at the site are completed and recommendations, and initiating and directing other
the conditions in Parts 8.2.1.a through 8.2.1.b are met; or (2) the comprehensive measures to assure long-term environmental
permittee has transferred all areas under its control to another compliance with environmental laws and regulations; the
operator, and that operator has submitted and obtained manager can ensure that the necessary systems are established or
coverage under this permit; or (3) the permittee has obtained actions taken to gather complete and accurate information for
coverage under a different NPDES permit for the same discharges. permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in
Completing the Form accordance with corporate procedures.
Type or print, using uppercase letters, in the appropriate areas
only. Please place each character between the marks. For a partnership or sole proprietorship:By a general partner or the
Abbreviate if necessary to stay within the number of characters proprietor,respectively;or
allowed for each item. Use only one space for breaks between
words, but not for punctuation marks unless they are needed to Fora municipality,state, federal, or other public agency: By either
clarify your response. If you have any questions about this form, a principal executive officer or ranking elected official. For
refer to httQs://www.eQa.gov/nodes/stormwater-discharges purposes of this Part, a principal executive officer of a federal
construction-activities#cap or telephone EPA's NOI Processing agency includes (i) the chief executive officer of the agency, or
Center at (866) 352-7755. Please submit original document with (ii) a senior executive officer having responsibility for the overall
signature in ink-do not send a photocopied signature. operations of a principal geographic unit of the agency (e.g.,
Regional Administrator of EPA).
Section I.Approval to Use Paper NOT Form
Include the name, title, and email address n the person signing
You must indicate whether you have been granted a waiver from
electronic reporting from the EPA Regional Office. Note that you the form and the date of signing. An unsigned or undated NOT
are not authorized to use this paper NOT form unless the EPA form will not be considered valid termination of permit coverage.
Regional Office has approved its use. Where you have obtained Paperwork Reduction Act Notice
approval to use this form,indicate the waiver that you have been Public reporting burden for this NOT is estimated to average 0.5
granted, the name of the EPA staff person who granted the hours per notice, including time for reviewing instructions,
waiver,and the date that approval was provided. searching existing data sources, gathering and maintaining the
Seehftps://www.epa,aov/nodes/contact-us-stormwater#regional data needed, and completing and reviewing the collection of
for a list of EPA Regional Office contacts. information.An agency may not conduct or sponsor,and a person
is not required to respond to, a collection of information unless it
Section II.Permit Information displays a currently valid OMB control number. Send comments
Enter the existing NPDES ID assigned to the project . If you do not regarding the burden estimate,any other aspect of the collection
know the permit tracking number,or contact EPA's NOI Processing of information,or suggestions for improving this form including any
Center at(866) 352-7755. suggestions which may increase or reduce this burden to: Chief,
Information Policy Branch, 2136, U.S. Environmental Protection
Indicate your reason for submitting this Notice of Termination by Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
checking the appropriate box.Check only one. Include the OMB number on any correspondence. Do not send
Section III. Operator Information the completed form to this address.
Provide the legal name of the person,firm,public organization,or Submitting Your Form:
any other entity that operates the project described in this NOT Submit your NOT form by mail to one of the following addresses:
and is covered by the NPDES ID identified in Section II. Enter the
complete mailing address,telephone number,and email address For Regular U.S.Mail Delivery:
of the operator. Stormwater Notice Processing Center
Mail Code 4203M,ATTN:2017 CGP
Section IV.Project/Site Information U.S.EPA
Enter the official or legal name and complete street address, 1200 Pennsylvania Avenue,NW
including city, state, ZIP code, and county or similar government Washington,DC 20460
subdivision of the project or site. If the project or site lacks a street
address,indicate the general location of the site(e.g.,Intersection For Overnight/Express Mail Delivery:
of State Highways 61 and 34). Complete site information must be Stormwater Notice Processing Center
provided for termination of permit coverage to be valid. William Jefferson Clinton East Building-Room 7420
ATTN:2017 CGP
Section V.Certification Information U.S.EPA
The NOT, must be signed as follows: 1201 Constitution Avenue,NW
For a corporation: By a responsible corporate officer. For the Washington,DC 20004
purpose of this Part, a responsible corporate officer means: (i) a Visit this website for instructions on how to submit electronically:
president,secretary,treasurer,or vice-president of the corporation https://www.epa.gov/nodes/stormwater-discharges
in charge of a principal business function,or any other person who construction-activities#ereporting
performs similar policy-or decision-making functions for the
corporation, or (ii) the manager of one or more manufacturing,
EPA Form 3510-13 Page 4 of 4
2017 Construction General Permit (CGP)
Appendix L-Suggested Format for Request for Chemical Treatment
If you plan to add "cationic treatment chemicals" (as defined in Appendix A) to stormwater
and/or authorized non-stormwater prior to discharge, Part 1.1.9 requires you to notify your
applicable EPA Regional Office in advance of submitting your NOI. The EPA Regional Office will
authorize coverage under this permit after you have included appropriate controls and
implementation procedures designed to ensure that your use of cationic treatment chemicals will
not lead to an exceedance of water quality standards. To notify your EPA Regional Office, you
may use following form.
Page L-1 of 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON,DC 20460
PASUGGESTED FORMAT FOR NOTIFYING EPA ABOUT PROPOSED USE OF CATIONIC TREATMENT CHEMICALS
UNDER THE 2017 NPDES CONSTRUCTION GENERAL PERMIT
Under Part 1.1.9 of the 2017 CGP,if you pion to add"cationic treatment chemicals"(as defined in Appendix A)to stormwater and/or authorized non-
stormwater prior to discharge,you may not submit your Notice of Intent(NOI)until you notify your applicable EPA Regional Office in advance and the EPA
Regional Office authorizes coverage under this permit after you have included appropriate controls and implementation procedures designed to ensure
that your use of cationic treatment chemicals will not lead to a violation of water quality standards.You may use this suggested form to notify your EPA
Regional Office about your proposed use of cationic treatment chemicals.
I.Operator Information
Operator Name: I I I I I I I I I I I I I I ( I I I I I I
Mailing Address:
Street: ( I I I I ( ( I I I I I I I ( I I I I I I I
City: I I I I I I I I ( I I ( I I I I I I I I ( I I I I I ( State: ZIP Code: �WJ
Phone: Ext. I�LLLJ
E-mail: I I I I I I I I I I I I I ( I I I I I ( I I
It.Project/Site Information
Project/Site Name:
Project/Site Address:
Street/Location: I I I I I I I I I I I I ( I I I I I I I I I
City: I I I I I I I I I I I I I I I I State: W ZIP Code: I
County or Similar ( I I I I I I I I I
Government Subdivision:
Site contact name(if
different from operator):
Site contact phone I I I I I I I )
different from operator): ( I I I I I I
Name(s)of receiving waterbodies: —
III. Map
Attach a map that illustrates the entire site including all of the below items.Include this map in your Stormwater Pollution Prevention Plan(SWPPP):
Zreceiving waterbodies
proposed location(s)of chemical treatment system(s)
All proposed point(s)of discharge to receiving waterbodies
All soil types within areas to be disturbed
All area of earth disturbance
Sufficient indication of topography to indicate where stormwater flows
Attach a schematic drawing of the proposed treatment system(s).Include all components of the treatment train,sample points,and pipe configurations.In
addition to sufficient holding capacity upstream of treatment,the system must have the capacity to hold water for testing and to re-treat water that does
not meet water quality standards.
Page t of 3
IV.Responsible Personnel
Treatment System Operator or Company ( I I I I I ( ( I I I I I I I I 11 I I I I I I I I I ( I ( I 1
Name(if subcontracted out):
..................................................................................................................................................................................................................................................................................................................................................................................
Street/Location: I I I I I I I I I I l I I l I I I I l I I I I I I I l I I I I I
City: I l I I I I I I I I I I I I I I I I I I I I I I I I I State: M Zip Code: I I I I 1 I -1 1 1 1
Responsible personnel.List personnel who will be responsible for operating the chemical treatment systems and application of the chemicals.Cite the
training that the personnel have received in operation and maintenance of the treatment system(s)and use of the specific chemical(s)proposed.
V.Proposed Treatment
Check proposed treatment system.
❑ Chitosan enhanced sand filtration with discharge to infiltration(ground water)
❑ Chitosan enhanced sand filtration with discharge to temporary holding ponds(batch).
❑ Chitosan enhanced sand filtration with discharge to surface waters(flow-through).
❑ Other(describe below and submit documentation that the proposed system and chemicals)demonstrate the ability to remove turbidity and produce
non-toxic effluent/discharge)
Check proposed cationic chemical(s)to be used:
❑ FlocCleorlm(2%chitosan acetate solution)
❑ StormKlearlm LiquiFlocTM(1%chitosan acetate solution).
❑ ChitoVanTM(1%chitosan acetate solution).
❑ StormKlearT^LiquiFlOCTM(3%Chitosan acetate solution)
❑ Other ' ' ' I I I I ' ' I
Estimated Treatment Period Start Date: W/W/1 1 1 1 I Estimated Treatment Period End Date: W/M/I I I I I
Describe sampling and recordkeeping schedule.Attach additional sheets as needed: !!!___LWWLI_L�J�
Explain why you have selected this proposed treatment system and chemicals.Include an explanation of why the use of cationic treatment chemicals is
necessary at the site.Reference how the soil types on your site influenced your choices.Describe or provide an illustration of how the site of the discharge
will be stabilized and why the discharge location will not cause erosion of the discharge water's bank or bed(please note that a permit from the Corps and
state agencies may be necessary to place rock in the water body for this stabilization).Attach as many additional sheets as needed for a full explanation.If
you have a report from a chemical treatment contractor describing their recommended approach you may attach that.
Page 2 of 3
VI.Certification Information
I have documented and hereby certify that the following information is correct and has been documented in the SWPPP for this project:
• The SWPPP includes a complete site-specific description of the chemical treatment system herein proposed for use,including specifications,design,
and Material Safety Data Sheets for all chemicals to be used.
• The controls to be used on the site ore compatible with the safe and effective use of cationic chemical treatment.
• I verified through jar tests that the site soil is conducive to chemical treatment.
• I verified that the chemical treatment system operators for this project received training.
• I read,understand,and will follow all conditions and design criteria in the applicable use designotion(s).
• If the discharge is to tribal waters,I notified the appropriate tribal government of the intent to use chemical treatment on a site located within that
jurisdiction.
• I will keep the use level designation,operation and maintenance manual,and training certificate on site prior to and during use of chemical treatment.
• A licensed engineer designed the system for this project including system sizing,pond sizing,and flow requirements.
• I verify that the discharge will not adversely affect downstream conveyance systems or stream channels(e.g.cause erosion).
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 gathered and evaluated the information submitted.Based on my inquiry of the person or persons who
manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine and
imprisonment for knowing violations.
Authorized Official First Name, I I I I I I I I I I I I ( I I I ( ( I I (
Middle Initial,Last Name: u
Title: ( I ( I I I ( ( I I I I I I I I ( I I I ( I
Signature: Date: W/W/II I I
Email: ( I I I I I ( I I I I I
Instructions for Submitting This Form:
Submit your this form to your applicable EPA Regional Office. Contact information can be found at:
https://w-vvw.epa.gov/npdes/contact-us-stormwater#regional
Page 3 of 3
Appendix K—Site Maps (Bound Separately)