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05/10/2018 - Stormwater Pollution Prevention Plan (SWPPP) - - 1429 OSGOOD STREET
Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Stormwater Pollution Prevention Plan (SWPPP) For Construction Activities At: 1429 Osgood Street North Andover, MA O1845 SWPPP Prepared For: Oliver Enterprises, Inc. Jeff Oliver 5 Hancock Street Woburn, MA O1801 (781) 938-9213 jeff@oliver-enterprises.com SWPPP Prepared By: Allen & Major Associates, Inc. 100 Commerce Way Woburn, MA 01801-8501 (781) 935-6889 SWPPP Preparation Date: 05/10/2018 Estimated Project Dates: Project Start Date: TBD Project Completion Date: TBD EPA SWPPP Template, Version 2.1 i Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Contents SECTION 1: CONTACT INFORMATION/RESPONSIBLE PARTIES..................................................1 1 .1 Operator(s) /Subcontractor(s)...................................................................................... 1 1 .2 Stormwater Team.............................................................................................................2 SECTION 2: SITE EVALUATION, ASSESSMENT, AND PLANNING.................................................3 2.1 Project/Site Information ..................................................................................................3 2.2 Discharge Information.....................................................................................................4 2.3 Nature of the Construction Activity..............................................................................5 2.4 Sequence and Estimated Dates of Construction Activities......................................7 2.5 Allowable Non-Stormwater Discharges .......................................................................8 2.6 Site Maps ......................................................................................................................... 10 SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS....11 3.1 Endangered Species Protection ................................................................................. 1 1 3.2 Historic Preservation....................................................................................................... 14 3.3 Safe Drinking Water Act Underground Injection Control Requirements.............. 16 SECTION 4: EROSION AND SEDIMENT CONTROLS...................................................................17 4.1 Natural Buffers or Equivalent Sediment Controls...................................................... 17 4.2 Perimeter Controls..........................................................................................................20 4.3 Sediment Track-Out.......................................................................................................22 4.4 Stockpiled Sediment or Soil ..........................................................................................23 4.5 Minimize Dust ..................................................................................................................27 4.6 Minimize the Disturbance of Steep Slopes ................................................................27 4.7 Topsoil...............................................................................................................................30 4.8 Soil Compaction.............................................................................................................30 4.9 Storm Drain Inlets............................................................................................................31 4.10 Constructed Stormwater Conveyance Channels ...................................................31 4.11 Sediment Basins..............................................................................................................33 4.12 Chemical Treatment .....................................................................................................34 4.13 Dewatering Practices....................................................................................................35 4.14 Other Stormwater Controls...........................................................................................36 4.15 Site Stabilization..............................................................................................................37 SECTION 5: POLLUTION PREVENTION STANDARDS..................................................................42 5.1 Potential Sources of Pollution.......................................................................................42 5.2 Spill Prevention and Response.....................................................................................43 5.3 Fueling and Maintenance of Equipment or Vehicles..............................................44 5.4 Washing of Equipment and Vehicles .........................................................................45 5.5 Storage, Handling, and Disposal of Construction Products, Materials, and Wastes ...........................................................................................................................................45 5.6 Washing of Applicators and Containers used for Paint, Concrete or Other Materials..........................................................................................................................................48 5.7 Fertilizers ...........................................................................................................................49 5.8 Other Pollution Prevention Practices..........................................................................50 SECTION 6: INSPECTION AND CORRECTIVE ACTION..............................................................51 6.1 Inspection Personnel and Procedures........................................................................51 6.2 Corrective Action...........................................................................................................53 6.3 Delegation of Authority.................................................................................................53 EPA SWPPP Template, Version 2.1 11 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION7: TRAINING................................................................................................................54 SECTION 8: CERTIFICATION AND NOTIFICATION ....................................................................55 SWPPPAPPENDICES...................................................................................................................56 EPA SWPPP Template, Version 2.1 M Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 1: CONTACT INFORMATION/RESPONSIBLE PARTIES 1.1 Operator(s) /Subcontractor(s) Instructions (see definition of "operator" at CGP Part 1.1.1): — Identify the operator(s) who will be engaged in construction activities at the site. Indicate respective responsibilities, where appropriate.Also include the 24-hour emergency contact. — List subcontractors expected to work on-site. Notify subcontractors of stormwater requirements applicable to their work. — Consider using Subcontractor Agreements such as the type included as a sample in Appendix G of the Template. Operator(s): Oliver Enterprises, Inc. Jeff Oliver Owner 5 Hancock Street Woburn, MA 01801 Phone: (781) 938-9213 Jeff@oliver-enterprises.com Subcontractor(s): T.B.D. Emergency 24-Hour Contact: Oliver Enterprises, Inc. Jeff Oliver Phone: (781) 938-9213 EPA SWPPP Template, Version 2.1 1 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA 1.2 Stormwater Team Instructions (see CGP Part 7.2.2): — Identify the individuals (by name or position) that are part of the project's stormwater team, their individual responsibilities, and which members are responsible for inspections. At a minimum, the stormwater team is comprised of individuals who are responsible for overseeing the development of the SWPPP, any later modifications to it, and for compliance with the permit requirements (i.e., installing and maintaining stormwater controls, conducting site inspections, and taking corrective actions where required). — Each member of the stormwater team must have ready access to either an electronic or paper copy of applicable portions of the 2017 CGP and the SWPPP. Stormwater Team Name and/or position, and contact Responsibilities I Have Read the CGP and Understand the Applicable Requirements Bridget E. Souza (A&M) SWPPP Developer 0 Yes Project Engineer Date: 12/1/2017 (781)-935-6889 bsouza@allenmajor.com Jeff Oliver Installing and Maintain ❑ Yes Owner Erosion Controls Date (781) 938-9213 Site Inspections Corrective Actions Jeff@oliver-enterprises.com ❑ Yes Date EPA SWPPP Template, Version 2.1 2 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 2: SITE EVALUATION.. ASSESSMENT. AND PLANNING 2.1 Project/Site Information Instructions (see "Project/Site Information" section of Appendix J- NOI form): - In this section, you are asked to compile basic site information that will be helpful when you file your NOI. Project Name and Address Project/Site Name: 1429 Osgood Street Project Street/Location: 1429 Osgood Street City: North Andover State: MA ZIP Code: 01845 County or Similar Subdivision: Essex Business days and hours for the project: TBD Project Latitude/Longitude Latitude: 42.72630 N Longitude: 71.1 1 14° W (decimal degrees) (decimal degrees) Latitude/longitude data source: El Map F-1 GPS ❑X Other (please specify): MA GIS Oliver Horizontal Reference Datum: F-1 NAD 27 Z NAD 83 F-1 WGS 84 Additional Project Information Are you requesting permit coverage as a "federal operator" as defined ❑ Yes ❑X No in Appendix A of the 2017 CGP? Is the project/site located on Indian country lands, or located on a El Yes X No property of religious or cultural significance to an Indian tribe? If yes, provide the name of the Indian tribe associated with the area of Indian country (including the name of Indian reservation if applicable), or if not in Indian country, provide the name of the Indian tribe associated with the property: N/A EPA SWPPP Template, Version 2.1 3 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA If you are conducting earth-disturbing activities in response to a public emergency, document the cause of the public emergency (e.g., natural disaster, extreme flooding conditions), information substantiating its occurrence (e.g., state disaster declaration), and a description of the construction necessary to reestablish effective public services: N/A 2.2 Discharge Information Instructions (see "Discharge Information" section of Appendix J- NOI form): In this section, include information relating to your site's discharge. This information corresponds to the "Discharge Information" section of the NOI form. List all of the stormwater points of discharge from your site. Identify each point of discharge with a unique 3-digit ID (e.g., 001, 002). For each unique point of discharge you list, specify the name of the first water of the U.S. that receives stormwater directly from the point of discharge and/or from the MS4 that the point of discharge discharges to. You may have multiple points of discharge that discharge to the same receiving water. Next, specify whether any waters of the U.S. that you discharge to are listed as "impaired" as defined in Appendix A, and the pollutants causing the impairment. Identify any Total Maximum Daily Loads (TMDL) that have been completed for any of the waters of the U.S. that you discharge to and the pollutants for which there is a TMDL. For more information on impaired waters and TMDLs, including a list of TMDL contacts and links by state, visit httl2s://www.el2a.gov/tmdl. Finally, indicate whether any water of the U.S. that you discharge to is designated as a Tier 2, Tier 2.5, or Tier 3 water and if so, what the designation is (2, 2.5, or 3). A list of Tier 2, 2.5, and 3 waters is provided in Appendix F. Does your project/site discharge stormwater into a Municipal Separate El Yes ❑X No Storm Sewer System (MS4)? Are there any waters of the U.S. within 50 feet of your project's earth X Yes El No disturbances? EPA SWPPP Template, Version 2.1 4 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA For each point of discharge, provide a point of discharge ID (a unique 3-digit ID, e.g., 001, 002), the name of the first water of the U.S. that receives stormwater directly from the point of discharge and/or from the MS4 that the point of discharge discharges to, and the following receiving water information, if applicable: Point of Name of Is the If yes, list the pollutants Has a TMDL If yes, list Pollutant(s) Is this If yes, Discharge receiving receiving that are causing the been TMDL for which receiving specify ID water: water impairment: completed Name and there is a water which Tier impaired (on for this ID: TMDL: designated (2, 2.5, or the CWA receiving as a Tier 2, 3)? 303(d) list)? waterbody? Tier 2.5, or Tier 3 water? [001] Unnamed ❑ Yes ❑X No ❑ Yes ❑X No N/A N/A ❑ Yes ❑X No N/A Stream EPA SWPPP Template, Version 2.1 5 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 2.3 Nature of the Construction Activities Instructions (see CGP Parts 1.2.1.c and 7.2.3): — Provide a general description of the nature of the construction activities at your site. — Describe the size of the property (in acres or in miles if a linear construction site), the total area expected to be disturbed by the construction activities (to the nearest quarter acre or quarter mile if a linear construction site), and the maximum area expected to be disturbed at any one time. — Indicate the type of construction site,whether there will be certain demolition activities, and whether the predevelopment land use was for agriculture. — Provide a list and description of all pollutant-generating activities (e.g., paving operations; concrete, paint, and stucco washout and waste disposal; solid waste storage and disposal; and dewatering operations) and indicate for each activity the type of pollutant that will be generated (e.g., sediment, fertilizers, pesticides, paints, caulks, sealants, fluorescent light ballasts, contaminated substrates, solvents, fuels) and could be discharged in stormwater from your site. — Describe the construction support activities covered by this permit (see Part 1.2.1.c of the permit). General Description of Project Provide a general description of the nature of your construction activities, including the age dates of past renovations for structures that are undergoing demolition: The proposed site improvements include construction of a six (6) story multi-use building. Ground level of the building will contain commercial retail/office/ restaurant space and a commercial parking garage. The upper levels will contain a mix of studios, one, two, and three bedroom apartments. Parking will be provided on-site and off-site on the West Street parking lot. Work also includes the construction of pedestrian sidewalks, surface parking, paved drives, landscaped islands, grading, underground utilities, and associated site work. Size of Construction Site Size of Property 1.96 AC. Total Area Expected to be Disturbed by 1.59AC. Construction Activities Maximum Area Expected to be Disturbed at 1.59 AC. Any One Time [Repeat as necessary for individual project phases.] Type of Construction Site (check all that apply): El Single-Family Residential El Multi-Family Residential X Commercial El Industrial El Institutional El Highway or Road ❑X Utility El Other- Office, Research & Development EPA SWPPP Template, Version 2.1 5 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Will there be demolition of any structure built or renovated 1:1 Yes ❑X No before January 1, 1980? If yes, do any of the structures being demolished have at least 1:1 Yes E] No X❑ N/A 10,000 square feet of floor space? Was the pre-development land use used for agriculture (see 1:1 Yes ❑X No Appendix A for definition of "agricultural land")? Pollutant-Generating Activities List and describe all pollutant-generating activities and indicate for each activity the type of pollutant that will be generated.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 during construction. Pollutant-Generating Activity Pollutants or Pollutant Constituents (e.g., paving operations;concrete, paint, and (e.g.,sediment,fertilizers, pesticides, paints,caulks, stucco washout and waste disposal;solid waste sealants, fluorescent light ballasts, contaminated storage and disposal;and dewatering operations) substrates,solvents,fuels) Paving Operations Sediment Machinery Fuel Construction Operations Sediment, paints, caulks, etc. [Include additional rows or delete as necessary.] Construction Support Activities (only provide if applicable) Describe any construction support activities for the project (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas): Concrete /Asphalt Batch Plants Contact information for construction support activity: To Be Determined EPA SWPPP Template, Version 2.1 6 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 2.4 Sequence and Estimated Dates of Construction Activities Instructions (see CGP Part 7.2.5): — Describe the intended construction sequence and duration of major activities. — For each portion or phase of the construction site, include the following: ✓ Commencement and duration of construction activities, 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; ✓ Temporary or permanent cessation of construction activities; ✓ Temporary or final stabilization of areas of exposed soil.The dates for stabilization must reflect the applicable deadlines to which you are subject to in Part 2.2.14; and ✓ Removal of temporary stormwater controls and construction equipment or vehicles, and cessation of any pollutant-generating activities. — The construction sequence must reflect the following requirements: ✓ Part 2.1.3 (installation of stormwater controls); and ✓ Parts 2.2.14 (stabilization deadlines). Phase I Installation and maintenance of site erosion control devices as shown on plans or as needed: basins, tubular sediment control, berms, straw bales/silt fence, inlet protection, stone riprap, and swales. ■ As needed/ongoing from start of permit until completion date. ■ Stormwater controls will be removed at completion of project. Phase II Tree cut and grub site. Site demolition. Building to remain in place. ■ To commence once all erosion control measures are in place. Phase III Rough grading, earth removal and filling. ■ As needed/ongoing from start of permit until completion date. Phase IV Install utilities and septic system. ■ As needed/ongoing from start of permit until completion date. Phase V Continue construction and connect utilities. Install site access drives and parking. Fine grading. Install site plantings. ■ As needed/ongoing from start of permit until completion date. Phase VI Maintain and inspect erosion control measures on a regular basis during earth removal process. ■ As needed/ongoing from start of permit until completion date. Phase VII Erosion control devices to be left in place and maintained until site is developed and final stabilization takes place. ■ As needed/ongoing from start of permit until completion date. EPA SWPPP Template, Version 2.1 7 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 2.5 Authorized Non-Stormwater Discharges Instructions (see CGP Parts 1.2.2 and 7.2.5): Identify all authorized sources of non-stormwater discharges. The authorized non-stormwater discharges identified in Part 1.2.2 of the 2017 CGP include: ✓ Discharges from emergency fire-fighting activities; ✓ Fire hydrant flushings; ✓ Landscape irrigation; ✓ Waters used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes; ✓ Water used to control dust; ✓ Potable water including uncontaminated water line flushings; ✓ External building washdown, provided soaps, solvents and detergents are not used, and external surfaces do not contain hazardous substances (e.g., paint or caulk containing PCBs); ✓ Pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) 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; ✓ Uncontaminated air conditioning or compressor condensate; ✓ Uncontaminated, non-turbid discharges of ground water or spring water; ✓ Foundation or footing drains where flows are not contaminated with process materials such as solvents or contaminated ground water; and ✓ Construction dewatering water discharged in accordance with Part 2.4. List of Authorized Non-Stormwater Discharges Present at the Site Type of Authorized Non-Stormwater Discharge Likely to be Present at Your Site? Discharges from emergency fire-fighting activities ❑ Yes ❑X No Fire hydrant flushings ❑ Yes ❑X No Landscape irrigation ❑ Yes ❑X No Waters used to wash vehicles and equipment ❑X Yes ❑ No Water used to control dust ❑X Yes ❑ No Potable water including uncontaminated water line flushings ❑ Yes ❑X No External building washdown (soaps/solvents are not used and external surfaces ❑ Yes ❑X No do not contain hazardous substances) Pavement wash waters ❑ Yes ❑X No Uncontaminated air conditioning or compressor condensate ❑ Yes ❑X No EPA SWPPP Template, Version 2.1 8 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA Uncontaminated, non-turbid discharges of ground water or spring water El Yes 0 No Foundation or footing drains El Yes ❑X No Construction dewatering water ❑X Yes ❑ No (Note: You are required to identify the likely locations of these authorized non-stormwater discharges on your site map. See Section 2.6, below, of the SWPPP Template.) EPA SWPPP Template, Version 2.1 9 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 2.6 Site Maps Instructions (see CGP Part 7.2.4): — Attach site maps in Appendix A of the Template. For most projects, a series of site maps is necessary and recommended. The first should show the undeveloped site and its current features. An additional map or maps should be created to show the developed site or, for more complicated sites, show the major phases of development. These maps must include the following features: — Boundaries of the property and of the locations where construction will occur, including: ✓ Locations where earth-disturbing activities will occur, noting any phasing of construction activities and any demolition activities; ✓ Approximate slopes before and after major grading activities. Note areas of steep slopes, as defined in CGP Appendix A; ✓ Locations where sediment, soil, or other construction materials will be stockpiled; ✓ Locations of any crossings of waters of the U.S.; ✓ Designated points where vehicles will exit onto paved roads; ✓ Locations of structures and other impervious surfaces upon completion of construction; and ✓ Locations of on-site and off-site construction support activity areas covered by this permit (see Part 1.2.1.c). — Locations of all waters of the U.S., including wetlands, on your site and within one mile downstream of the site's discharge point. Indicate which waterbodies are listed as impaired, and which are identified by your state, tribe, or EPA as Tier 2,Tier 2.5, or Tier 3 waters. — Areas of federally-listed critical habitat for endangered or threatened species within the site and/or at discharge locations. — Type and extent of pre-construction cover on the site (e.g., vegetative cover, forest, pasture, pavement, structures) — Drainage pattern(s) of stormwater and authorized non-stormwater before and after major grading activities. — Stormwater and authorized non-stormwater discharge locations, including: ✓ Locations where stormwater and/or authorized non-stormwater will be discharged to storm drain inlets; and ✓ Locations where stormwater or allowable non-stormwater will be discharged to waters of the U.S. (including wetlands). — Locations of all potential pollutant-generating activities. — Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with the permit. — Locations where polymers, flocculants, or other treatment chemicals will be used and stored. EPA SWPPP Template, Version 2.1 10 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS 3.1 Endangered Species Protection Instructions (see CGP Parts 1.1.5, 7.2.9.a,Appendix D, and the "Endangered Species Protection" section of the Appendix J- NOI form): Using the instructions in Appendix D of the permit, determine under which criterion listed below (A-F) you are eligible for coverage under this permit with respect to the protection of endangered species. To make this determination, you must use information from BOTH the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). Both the NMFS and USFWS maintain lists of Endangered Species Act-listed (ESA-listed) species and designated critical habitat. Operators must consult both when determining their eligibility. - Check only 1 box, include the required information and provide a sound basis for supporting the criterion selected. Select the most conservative criterion that applies - Include documentation supporting your determination of eligibility. - A step-by-step guide and flow-chart on ESA provisions for EPA's CGP is available at https://www.epa.gov/npdes/stormwater-discharges-construction-activities#species Eligibility Criterion Under which criterion listed in Appendix D are you eligible for coverage under this permit? ❑X 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/Supporting documentation: A basis statement supporting the selection of Criterion A should identify the USFWS and NMFS information sources used. Attaching aerial image(s) of the site to your 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. Check the applicable source(s) of information you relied upon: ❑ Specific communication with staff of the USFWS and/or NMFS. INSERT DATE OF COMMUNICATION AND WHO YOU SPOKE WITH ❑X Species list from USFWS and/or NMFS. See the CGP ESA webpage, Step 2 for available websites. Oliver: MassGIS Online Mapping Tool ❑ 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 EPA SWPPP Template, Version 2.1 11 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 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/Supporting documentation: A basis statement supporting the selection of Criterion B should identify the eligibility criterion of the other CGP NOI, the authorization date, and confirmation that the authorization is effective. ✓ Provide the 9-digit NPDES ID number from the other operator's NOI under the 2017 CGP: ✓ Authorization date of the other 2017 CGP operator: INSERT AUTHORIZATION DATE OF OTHER OPERATOR ✓ Eligibility criterion of the other 2017 CGP operator: ❑A ❑C ❑D ❑E ❑F ✓ Provide a brief summary of the basis the other operator used for selecting criterion A, C, D, E, or F: ❑ 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/Supporting documentation: A basis statement supporting the selection of Criterion C 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. ✓ Resources used to make determination: INSERT RESOURCES YOU USED TO DETERMINE THAT DISCHARGES ARE NOT LIKELY TO ADVERSELY AFFECT ESA-LISTED SPECIES OR DESIGNATED CRITICAL HABITAT ✓ ESA-listed Species/Critical Habitat in action area: INSERT LIST OF ESA-LISTED SPECIES OR DESIGNATED CRITICAL HABITAT LOCATED IN YOUR ACTION AREA ✓ Distance between site and ESA-listed Species/Critical Habitat: INSERT DISTANCE BETWEEN YOUR SITE AND THE ESA-LISTED SPECIES OR CRITICAL HABITAT (in miles) ✓ How adverse effects will be avoided: DESCRIBE SPECIFICALLY HOW ADVERSE EFFECTS TO ESA-LISTED SPECIES WILL BE AVOIDED FROM THE DISCHARGES AND DISCHARGE-RELATED ACTIVITIES ❑ Criterion D: Coordination with USFWS and/or NMFS has successfully concluded. Coordination between you and the USFWS and/or NMFS has concluded. The coordination EPA SWPPP Template, Version 2.1 12 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA 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/Supporting documentation: A basis statement supporting the selection of Criterion D 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. ✓ Agency coordinated with: ❑USFWS ❑ NMFS ✓ Field/regional office(s) providing coordination: INSERT FIELD/REGIONAL OFFICE(S) PROVIDING COORDINATION ✓ Date coordination concluded: INSERT DATE COORDINATION CONCLUDED ✓ Attach copies of any letters or other communication between you and the U.S. Fish & Wildlife Service or National Marine Fisheries Service concluding coordination activities. ❑ 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: ❑ 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/Supporting documentation: A basis statement supporting the selection of Criterion E should identify the federal action agency(ies) 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. ✓ Federal agency(ies) involved: INSERT FEDERAL AGENCY(IES) INVOLVED ✓ Field/regional office(s) providing consultation: INSERT FIELD/REGIONAL OFFICE(S) PROVIDING CONSULTATION ✓ Tracking numbers associated with consultation: INSERT CONSULTATION TRACKING NUMBER(S) ✓ Date consultation completed: INSERT DATE CONSULTATION COMPLETED ✓ Attach copies of any letters or other communication between you and the U.S. Fish & Wildlife Service or National Marine Fisheries Service concluding consultation. EPA SWPPP Template, Version 2.1 13 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ❑ 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/Supporting documentation: A basis statement supporting the selection of Criterion F 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. ✓ Agency providing section 10 permit: ❑USFWS ❑NMFS ✓ Field/regional office(s) providing permit: INSERT FIELD/REGIONAL OFFICE(S) PROVIDING PERMIT ✓ Tracking numbers associated with consultation: INSERT CONSULTATION TRACKING NUMBER(S) ✓ Date permit granted: INSERT DATE PERMIT GRANTED ✓ Attach copies of any letters or other communication between you and the U.S. Fish & Wildlife Service or National Marine Fisheries Service. 3.2 Historic Preservation Instructions (see CGP Part 1.1.6, 7.2.9.b, Appendix E, and the "Historic Preservation" section of the Appendix J - NOI form): Follow the screening process in Appendix E of the permit for determining whether your installation of subsurface earth-disturbing stormwater controls will have an effect on historic properties. - Include documentation supporting your determination of eligibility. - To contact your applicable state or tribal historic preservation office, information is available at www.achp.c1ov/12ro_grams/html. Appendix E, Step 1 Do you plan on installing any of the following stormwater controls at your site? Check all that apply below, and proceed to Appendix E, Step 2. ❑ Dike ❑ Berm ❑ Catch Basin ❑ Pond ❑X Stormwater Conveyance Channel (e.g., ditch, trench, perimeter drain, swale, etc.) ❑ Culvert ❑ Other type of ground-disturbing stormwater control: Underground Stormwater Detention/ Infiltration (Note: If you will not be installing any ground-disturbing stormwater controls, no further documentation is required for Section 3.2 of the Template.) EPA SWPPP Template, Version 2.1 14 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix E, 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? ❑X YES ❑ NO ■ If yes, no further documentation is required for Section 3.2 of the Template. ■ If no, proceed to Appendix E, Step 3. Appendix E, 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. INSERT REFERENCES TO DOCUMENTS, STUDIES, OR OTHER SOURCES RELIED UPON If no, proceed to Appendix E, Step 4. Appendix E, 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 Template. If yes, describe the nature of their response: ❑ Written indication that no historic properties will be affected by the installation of stormwater controls. INSERT COPIES OF LETTERS, EMAILS, OR OTHER COMMUNICATION BETWEEN YOU AND THE APPLICABLE SHPO, THPO, OR OTHER TRIBAL REPRESENTATIVE ❑ Written indication that adverse effects to historic properties from the installation of stormwater controls can be mitigated by agreed upon actions. INSERT COPIES OF LETTERS, EMAILS, OR OTHER COMMUNICATION BETWEEN YOU AND THE APPLICABLE SHPO, THPO, OR OTHER TRIBAL REPRESENTATIVE ❑ No agreement has been reached regarding measures to mitigate effects to historic properties from the installation of stormwater controls. INSERT COPIES OF LETTERS, EMAILS, OR OTHER COMMUNICATION BETWEEN YOU AND THE APPLICABLE SHPO, THPO, OR OTHER TRIBAL REPRESENTATIVE ❑ Other: INSERT COPIES OF LETTERS, EMAILS, OR OTHER COMMUNICATION BETWEEN YOU AND THE APPLICABLE SHPO, THPO, OR OTHER TRIBAL REPRESENTATIVE EPA SWPPP Template, Version 2.1 15 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 3.3 Safe Drinking Water Act Underground Injection Control Requirements Instructions (see CGP Part 7.2.9.c): — If you will use any of the identified controls in this section, include documentation of contact between you and the applicable state agency or EPA Regional Office responsible for implementing the requirements for underground injection wells in the Safe Drinking Water Act and EPA's implementing regulations at 40 CFR Parts 144-147. \ — For state UIC program contacts, refer to the following EPA website: https://www.epa.gov/uic. 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 ❑ 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) EPA SWPPP Template, Version 2.1 16 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 4: EROSION AND SEDIMENT CONTROLS General Instructions (See CGP Parts 2.2 and 7.2.6): — Describe the erosion and sediment controls that will be installed and maintained at your site. — Describe any applicable stormwater control design specifications (including references to any manufacturer specifications and/or erosion and sediment control manuals/ordinances relied upon. — Describe any routine stormwater control maintenance specifications. — Describe the projected schedule for stormwater control installation/implementation. 4.1 Natural Buffers or Equivalent Sediment Controls Instructions(see CGP Parts 2.2.1 and 7.2.6.b.i, and Appendix G): This section only applies to you if a water of the U.S. is located within 50 feet of your site's earth disturbances. If this is the case, consult CGP Part 2.2.1 and Appendix G for information on how to comply with the buffer requirements. — Describe the compliance alternative (CGP Part 2.2.1.a.i, ii, or iii) that was chosen to meet the buffer requirements, and include any required documentation supporting the alternative selected. The compliance alternative selected must be maintained throughout the duration of permit coverage. However, if you select a different compliance alternative during your period of permit coverage, you must modify your SWPPP to reflect this change. — If you qualify for one of the exceptions in CGP Part 2.2.1.b, include documentation related to your qualification for such exceptions. Buffer Compliance Alternatives Are there any waters of the U.S.within 50 feet of your project's earth disturbances? ❑X YES ❑ NO (Note: If no, no further documentation is required for Part 4.1 in the SWPPP Template. Continue on to Part 4.2.) Check the compliance alternative that you have chosen: ❑ (i) I will provide and maintain a 50-foot undisturbed natural buffer. (Note (1): You must show the 50-foot boundary line of the natural buffer on your site map.) (Note (2): You must show on your site map how all discharges from your construction disturbances through the natural buffer area will first be treated by the site's erosion and sediment controls. Also, show on the site map any velocity dissipation devices used to prevent erosion within the natural buffer area.) ❑ (ii) 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. (Note (1): You must show the boundary line of the natural buffer on your site map.) EPA SWPPP Template, Version 2.1 17 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA (Note (2): You must show on your site map how all discharges from your construction disturbances through the natural buffer area will first be treated by the site's erosion and sediment controls. Also, show on the site map any velocity dissipation devices used to prevent erosion within the natural buffer area.) ■ Silt fence and 18" mulch coir logs will be used to provide reduce the sediment load. A minimum of 25' natural buffer will be maintained at all times. ❑X (iii) 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. ■ INSERT RATIONALE FOR CONCLUDING THAT IT IS INFEASIBLE TO PROVIDE AND MAINTAIN A NATURAL BUFFER OF ANY SIZE ■ INSERT EITHER ONE OF THE FOLLOWING: (1) THE ESTIMATED SEDIMENT REMOVAL FROM A 50-FOOT BUFFER USING APPLICABLE TABLES IN APP. G, ATTACHMENT 1. INCLUDE INFORMATION ABOUT THE BUFFER VEGETATION AND SOIL TYPE THAT PREDOMINATE AT YOUR SITE OR (2) IF YOU CONDUCTED ASITE-SPECIFIC CALCULATION FOR THE ESTIMATED SEDIMENT REMOVAL OF A 50-FOOT BUFFER, PROVIDE THE SPECIFIC REMOVAL EFFICIENCY, AND INFORMATION YOU RELIED UPON TO MAKE YOUR SITE-SPECIFIC CALCULATION. ■ INSERT DESCRIPTION OF ADDITIONAL EROSION AND SEDIMENT CONTROLS TO BE USED IN COMBINATION WITH NATURAL BUFFER AREA ■ INSERT THE FOLLOWING INFORMATION: - (1) SPECIFY THE MODEL OR OTHER TOOL USED TO ESTIMATE SEDIMENT LOAD REDUCTIONS FROM THE EROSION AND SEDIMENT CONTROLS INSTALLED AT YOUR SITE, AND - (2) INCLUDE THE RESULTS OF CALCULATIONS SHOWING THAT THE ADDITIONAL EROSION AND SEDIMENT CONTROLS INSTALLED AT YOUR SITE WILL MEET OR EXCEED THE SEDIMENT REMOVAL EFFICIENCY OF A 50-FOOT BUFFER ❑ I qualify for one of the exceptions in Part 2.2.1.b. (If you have checked this box, provide information on the applicable buffer exception that applies, below.) Buffer Exceptions Which of the following exceptions to the buffer requirements applies to your site? ❑ There is no discharge of stormwater to the water of the U.S. that is located 50 feet from my construction disturbances. (Note: If this exception applies, no further documentation is required for Section 4.1 of the Template.) ❑X No natural buffer exists due to preexisting development disturbances that occurred prior to the initiation of planning for this project. (Note (1): If this exception applies, no further documentation is required for Section 4.1 of the Template.) EPA SWPPP Template, Version 2.1 18 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA (Note (2): Where some natural buffer exists but portions of the area within 50 feet of the surface water are occupied by preexisting development disturbances, you must still comply with the one of the CGP Part 22.1.a compliance alternatives.) ❑ Fora "linear construction sites" (defined in Appendix A), site constraints (e.g., limited right-of-way) make it infeasible to meet any of the CGP Part 2.2.1.a compliance alternatives. INCLUDE DOCUMENTATION HERE OF THE FOLLOWING: (1) WHY IT IS INFEASIBLE FOR YOU TO MEET ONE OF THE BUFFER COMPLIANCE ALTERNATIVES, AND (2) BUFFER WIDTH RETAINED AND/OR SUPPLEMENTAL EROSION AND SEDIMENT CONTROLS TO TREAT DISCHARGES TO THE SURFACE WATER ❑ The project qualifies as "small residential lot" construction (defined in Appendix A) (see Appendix G, Part G.3.2). ❑ For Alternative 1: ■ INSERT WIDTH OF NATURAL BUFFER TO BE RETAINED ■ INSERT APPLICABLE REQUIREMENTS BASED ON TABLE G-1 ■ INSERT DESCRIPTION OF HOW YOU WILL COMPLY WITH THESE REQUIREMENTS ❑ For Alternative 2: ■ INSERT (1) THE ASSIGNED RISK LEVEL BASED ON APP. G APPLICABLE TABLE G-2 THROUGH G-6 AND (2) THE PREDOMINANT SOIL TYPE AND AVERAGE SLOPE AT YOUR SITE ■ INSERT APPLICABLE REQUIREMENTS BASED ON APP. G,TABLE G-7 ■ INSERT DESCRIPTION OF HOW YOU WILL COMPLY WITH THESE REQUIREMENTS ❑ Buffer disturbances are authorized under a CWA Section 404 permit. INSERT DESCRIPTION OF ANY EARTH DISTURBANCES THAT WILL OCCUR WITHIN THE BUFFER AREA (Note (1): If this exception applies, no further documentation is required for Section 4.1 of the Template.) (Note (2): This exception only applies to the limits of disturbance authorized under the Section 404 permit, and does not apply to any upland portion of the construction project.) ❑ Buffer disturbances will occur for the construction of awater-dependent structure or water access area (e.g., pier, boat ramp, and trail). INSERT DESCRIPTION OF ANY EARTH DISTURBANCES THAT WILL OCCUR WITHIN THE BUFFER AREA (Note (1): If this exception applies, no further documentation is required for Section 4.1 of the Template.) EPA SWPPP Template, Version 2.1 19 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.2 Perimeter Controls Instructions (see CGP Parts 2.2.3 and 7.2.6.b.1i): — Describe sediment controls that will be used (e.g., silt fences, filter berms, temporary diversion dikes, or fiber rolls) to meet the Part 2.2.3 requirement to "install sediment controls along any perimeter areas of the site that will receive pollutant discharges." — For linear projects,where you have determined that the use of perimeter controls in portions of the site is infeasible, document other practices that you will implement. General A sediment fence/straw bale barrier combination will be constructed along any area indicated on the Erosion Control Plan or at the discretion of the engineer.The sediment fence portion will be upland of the straw bale portion. This control will be installed if deemed necessary by the engineer. The sediment fence should be installed as shown on the Construction Detail Plans and be Amoco woven polypropylene 1198 or equivalent.Straw bales and silt fences will be placed around the perimeter of the site in which run-off occurs. Culvert and pipe inlets and outfalls will be protected by straw bale filters. Straw bale dikes or silt sacks will be constructed at all existing and proposed catch basins subject to stormwater run-off from proposed activities. Specific Perimeter Controls Perimeter Control # 1 Straw Bale/Tubular Straw Rolls, Barrier Design/Construction Requirements ■ Straw Bales /Tubular Straw Rolls should be placed in a single row, lengthwise on the contour,with the ends of adjacent bales tightly abutting one another. ■ All individual bales should be either wire-bound or string-tied. Straw bales should be installed so that the bindings are oriented around the sides rather than along the tops and bottoms of the bales in order to prevent deterioration of the bindings. ■ The barrier should be entrenched and backfilled. A trench should be excavated the width of a bale and the length of the proposed barrier to a minimum depth of 4 inches. The trench must be deep enough to remove all grass and other material which might allow underflow. After the bales are staked and chinked (filled by wedging), the excavated soil should be backfilled against the barrier. Backfill soil should conform to the ground level on the downhill side and should be built up to 4 inches against the uphill side of the barrier. ■ Each bale should be securely anchored by at least 2 stakes or re-bars driven through the bale.The first stake in each bale should be driven toward the previously laid bale to force the bales together. Stakes or re-bars should be driven deep enough into the ground to securely anchor the bales. For safety reasons, stakes should not extend above the bales but should be driven in flush with the top of the bale. ■ The gaps between the bales should be chinked (filled by wedging) with straw to prevent water from escaping between the bales. Wedging must be done carefully in order not to separate the bales. ■ Straw bale barriers should be removed when they have served their usefulness and as approved by Engineer or approving agency, but not before the upslope areas have been permanently stabilized. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements EPA SWPPP Template, Version 2.1 20 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Straw bale barriers should be inspected once every 7 days and after each 0.25-inch or greater rainfall event, and at least daily during prolonged rainfall. ■ Close attention should be paid to the repair of damaged bales, undercutting beneath bales, and flow around the ends of the bales. ■ Necessary repairs to the barriers or replacement of bales should be accomplished promptly. ■ Sediment deposits should be checked after each runoff-producing rainfall. They must be removed before the level of deposition reaches approximately one-half the height of the barrier. ■ Any sediment deposits remaining in place after the straw bale barrier is no longer required should be dressed to conform to the existing grade, prepared and seeded. Perimeter Control #2 Sediment Fence Design/Construction Requirements ■ Locate the fence at least 10 feet from the toe slopes steeper than 3:1, to provide sediment storage and access to deposition areas for cleanout and maintenance. ■ The fence line should be nearly level through most of its length to impound a broad, temporary pool.The last 10 to 20 feet at each end of the fence should be swung slightly uphill (approximately 0.5 feet in elevation) to provide storage capacity. ■ Excavate a trench approximately 8 inches deep and 4 inches wide, or a V-trench; along the line of the fence, upslope side. ■ Attach continuous length of fabric to upslope side of fence posts. Avoid joints, particularly at low points in the fence line. Where joints are necessary, fasten fabric securely to support posts and overlap to the next post. ■ Place the bottom one foot of fabric in the trench. Back fill with compacted earth or gravel. ■ Filter cloth shall be fastened securely to the woven wire fence with ties spaces every 24 inches at the top, mid-section, and bottom. ■ Sediment fences should be removed when they have served their useful purpose and as approved by Engineer or approving agency, but not before the upslope area has been permanently stabilized through one growing seasons. Retained sediment must be removed and properly disposed of, or mulched and seeded. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Silt fences should be inspected once every 7 days and within 24 hours of the occurrence of a rainfall event of 0.25-inch or greater, and at least daily during prolonged rainfall. Inspect the depth of sediment, fabric tears, if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. Repair or replace as necessary. ■ Remove sediment deposits promptly after storm events to provide adequate storage volume for the next rain and to reduce pressure on the fence.Sediment will be removed from behind the sediment fence when it becomes about '/2 the depth of the fence. Take care to avoid undermining the fence during cleanout. ■ If the fabric tears, decomposes, or in any way becomes ineffective, replace it immediately. ■ Remove all fencing materials after the contributing drainage area has been properly stabilized. Sediment deposits remaining after the fabric has been removed should be graded to conform to the existing topography and vegetated. EPA SWPPP Template, Version 2.1 21 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.3 Sediment Track-Out Instructions (see CGP Parts 2.2.4 and 7.2.6.b.iii): — Describe stormwater controls that will be used to minimize sediment track-out. — Describe location(s) of vehicle exit(s), procedures to remove accumulated sediment off-site (e.g., vehicle tracking), and stabilization practices (e.g., stone pads or wash racks or both) to minimize off-site vehicle tracking of sediment. Also include the design, installation, and maintenance specifications for each control. General ■ A stabilized construction entrance shall be used for the duration of construction activity for this project. Specific Track-Out Controls Track-Out Control # 1 Stabilized Entrance Design/Construction Requirements ■ The stabilized construction entrance is an aggregate stone pad with underlying filter fabric. ■ The stabilized entrance will be large enough that the site's largest construction vehicle will fit with room to spare. ■ The entrance will have a minimum 6-inch depth layer of aggregate stone. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ The entrance should be maintained in a condition that will prevent tracking or flowing of sediment onto adjacent properties. This may require periodic topdressing with additional stone. ■ The construction entrance and sediment disposal area shall be inspected weekly and after heavy rains or heavy use. ■ Mud and sediment tracked or washed onto public road shall be immediately removed. ■ Once mud and soil particles clog the voids in the gravel and the effectiveness of the gravel pad is no longer satisfactory, the pad must be top dressed with new stone. Replacement of the entire pad may be necessary when the pad becomes completely clogged. ■ If washing facilities are used, the sediment traps should be cleaned out as often as necessary to assure that adequate trapping efficiency and storage volume is available. ■ The pad shall be reshaped as needed for drainage and runoff control. ■ Broken road pavement on adjacent access roadways shall be repaired immediately. ■ All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary practices are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized. EPA SWPPP Template, Version 2.1 22 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.4 Stockpiled Sediment or Soil Instructions (see CGP Parts 2.2.5 and 7.2.6): — Describe stormwater controls and other measures you will take to minimize the discharge of sediment or soil particles from stockpiled sediment or soil. Include a description of structural practices (e.g., diversions, berms, ditches, storage basins), including design, installation, and maintenance specifications, used to divert flows from stockpiled sediment or soil, retain or detain flows, or otherwise limit exposure and the discharge of pollutants from stockpiled sediment or soil. — For piles that will be unused for 14 or more days, describe what cover or other appropriate temporary stabilization will be used. — Also, describe any controls or procedures used to minimize exposure resulting from adding to or removing materials from the pile. General ■ Stormwater controls to minimize the discharge of sediment or soil particles from stockpiled sediment or soil will include a temporary perimeter of straw bales and silt fence, temporary diversion channels with check dams, and temporary sediment basins, as required. Specific Stockpile Controls Stockpile Control # 1 Straw Bale/Tubular Straw Rolls, Barrier Design/Construction Requirements ■ Straw Bales /Tubular Straw Rolls should be placed in a single row, lengthwise on the contour,with the ends of adjacent bales tightly abutting one another. ■ All individual bales should be either wire-bound or string-tied. Straw bales should be installed so that the bindings are oriented around the sides rather than along the tops and bottoms of the bales in order to prevent deterioration of the bindings. ■ The barrier should be entrenched and backfilled. A trench should be excavated the width of a bale and the length of the proposed barrier to a minimum depth of 4 inches. The trench must be deep enough to remove all grass and other material which might allow underflow. After the bales are staked and chinked (filled by wedging), the excavated soil should be backfilled against the barrier. Backfill soil should conform to the ground level on the downhill side and should be built up to 4 inches against the uphill side of the barrier. ■ Each bale should be securely anchored by at least 2 stakes or re-bars driven through the bale.The first stake in each bale should be driven toward the previously laid bale to force the bales together. Stakes or re-bars should be driven deep enough into the ground to securely anchor the bales. For safety reasons, stakes should not extend above the bales but should be driven in flush with the top of the bale. ■ The gaps between the bales should be chinked (filled by wedging) with straw to prevent water from escaping between the bales. Wedging must be done carefully in order not to separate the bales. ■ Straw bale barriers should be removed when they have served their usefulness and as approved by Engineer or approving agency, but not before the upslope areas have been permanently stabilized. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements EPA SWPPP Template, Version 2.1 23 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Straw bale barriers should be inspected once every 7 days and after each 0.25-inch or greater rainfall event, and at least daily during prolonged rainfall. ■ Close attention should be paid to the repair of damaged bales, undercutting beneath bales, and flow around the ends of the bales. ■ Necessary repairs to the barriers or replacement of bales should be accomplished promptly. ■ Sediment deposits should be checked after each runoff-producing rainfall. They must be removed before the level of deposition reaches approximately one-half the height of the barrier. ■ Any sediment deposits remaining in place after the straw bale barrier is no longer required should be dressed to conform to the existing grade, prepared and seeded. Stockpile Control #2 Sediment Fence Design/Construction Requirements ■ Locate the fence at least 10 feet from the toe slopes steeper than 3:1, to provide sediment storage and access to deposition areas for cleanout and maintenance. ■ The fence line should be nearly level through most of its length to impound a broad, temporary pool.The last 10 to 20 feet at each end of the fence should be swung slightly uphill (approximately 0.5 feet in elevation) to provide storage capacity. ■ Excavate a trench approximately 8 inches deep and 4 inches wide, or a V-trench; along the line of the fence, upslope side. ■ Attach continuous length of fabric to upslope side of fence posts. Avoid joints, particularly at low points in the fence line. Where joints are necessary, fasten fabric securely to support posts and overlap to the next post. ■ Place the bottom one foot of fabric in the trench. Back fill with compacted earth or gravel. ■ Filter cloth shall be fastened securely to the woven wire fence with ties spaces every 24 inches at the top, mid-section, and bottom. ■ Sediment fences should be removed when they have served their useful purpose, but not before the upslope area has been permanently stabilized through one growing seasons. Retained sediment must be removed and properly disposed of, or mulched and seeded. Installation ■ As needed/ongoing from start of permit until completion date. • Maintenance Requirements ■ Silt fences should be inspected once every 7 days and after each rainfall event of 0.25-inch or greater, and at least daily during prolonged rainfall. Inspect the depth of sediment, fabric tears, if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. Repair or replace as necessary. ■ Remove sediment deposits promptly after storm events to provide adequate storage volume for the next rain and to reduce pressure on the fence. Sediment will be removed from behind the sediment fence when it becomes about '/2 the depth of the fence. Take care to avoid undermining the fence during cleanout. ■ If the fabric tears, decomposes, or in any way becomes ineffective, replace it immediately. ■ Remove all fencing materials after the contributing drainage area has been properly stabilized. Sediment deposits remaining after the fabric has been removed should be graded to conform to the existing topography and vegetated. Stockpile Control # 3 Temporary Diversion Channels Design/Construction Requirements ■ Temporary Diversions Channels will be constructed as required alongside proposed ledge face walls and along any raised roadway areas as necessary and per the plans.The temporary diversion channels will route storm water to temporary sediment basins to remove sediment-laden EPA SWPPP Template, Version 2.1 24 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA storm water, before the storm water is allowed to discharge to the permanent detention basin. Check dams need to be utilized along the diversion channels. The maximum spaces of temporary diversion channels should be no greater than the following: Land Slope (%) I Spacing (feet) 1%or less 300 ft 2% 200 ft 3%to 5% 150 ft 5%or greater 100 ft ■ The temporary diversion channel cross-section should have a top width between two and four feet, a minimum height of 1.5 ft, and side slopes between 2:1 and 4:1. ■ The grade may be variable depending on the topography and must have a positive grade to the outlet.The maximum channel grade should be limited to 1.0%. ■ The diverted runoff will outlet through check dams and then to a temporary sediment basin. ■ Diversions that are to serve longer than 30 working days should be seeded and mulched as soon as they are constructed, in order to preserve dike height and reduce maintenance. ■ Once the temporary diversion channels are no longer needed, they should be brought to the design grade and permanently stabilized. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Inspect temporary diversion channels once every 7 days and after every rainfall event of 0.25- inches or greater. ■ Damage caused by construction traffic or other activity should be repaired before the end of each working day. ■ Immediately remove sediment from the flow area and repair the diversion ridge. ■ Check outlets carefully and make timely repairs as needed. ■ When the area protected has been permanently stabilized, removed the ridge and the channel to blend with the natural ground level, and appropriately stabilize it. Stockpile Control #4 Check Dam Description & Design/Construction Requirements ■ As necessary and per the plans, temporary check dams should be installed along the temporary diversion channels alongside the proposed roadway until it is paved.The check dams will lower the velocities of the concentrated flows, thereby reducing erosion in the channel and promoting the settlement of sediments. ■ Check dams can be constructed of stone, sand bags filled with pea gravel, or logs. Provide a sump immediately upstream. ■ The maximum spacing between the dams should be such that the toe of the upstream dam is at the same elevation as the top of the downstream dam. ■ The stone must be placed by hand or mechanical placement (do not dump rock to form dam) to achieve complete coverage of the ditch or swale and to ensure that the center of the dam is lower than the edges. The stone used should be 2 to 4-inch size. ■ Log check dams should be constructed of 4 to 6-inch diameter logs embedded into the soil at least 18 inches. Installation ■ As needed/ongoing from start of permit until completion date. EPA SWPPP Template, Version 2.1 25 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Maintenance Requirements ■ Inspect once every 7 days and after each rainfall event of 0.25-inches or greater. ■ Remove sediment and debris accumulation. Sediment should be removed when it reaches one half the dam height. ■ Check structure and abutments for erosion and rock displacement. Repair immediately. ■ Remove check dam after the contributing drainage area has been permanently stabilized. Remove the channel, re-grade, and stabilize. Stockpile Control #5 Sediment Basins Description & Design/Construction Requirements ■ Temporary sediment basins will be constructed downhill of the temporary diversion channels and as shown on the SWPPP plan. The temporary sediment basins will handle storm water, filtering out sediment until the permanent detention basin fore bays and subsurface precast particle separators are installed functioning properly. ■ Divert runoff to basin as possible and per plan. ■ Check dams will be provided inside the basin if required. ■ The sediment basin should have a minimum volume based on '/2 inch of storage for each acre of drainage area. This volume equates to 3,600 cubic feet of storage for each acre of drainage area, or as shown on the plans. ■ The length-to-width ratio should be 2:1 or greater (or as shown on the plans); divert inflow to upper end of basin to avoid short-circuiting flow. Length is defined as the average distance from the inlet to the outlet of the trap. ■ Utilized side slopes of 3:1 and a 10-foot wide spillway (or as shown on the plans) with 4 to 6-inch riprap stone. ■ The sediment basin should be located as close to the sediment source as site conditions permit considering soils, pool area, dam length, and spillway conditions. ■ Line bottom with gravel and stabilize as soon as possible. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Sediment basins should be readily accessible for maintenance and sediment removal. The sediment basin should remain in operation and be properly maintained until the site area is permanently stabilized by vegetation and/or when permanent structures are in place. ■ Inspect sediment basins once every 7 days and after each rainfall event of 0.25-inches or greater. ■ Remove and properly dispose of sediment when it accumulates to one-half design volume (level marked by reference stake). The effectiveness of a sediment pond is based less on its size than on regular sediment removal. ■ Check embankment, emergency spillway, and outlet for erosion damage. ■ Check embankment for: settlement, seepage, or slumping along the toe. Repair immediately. Removed trash and other debris from principal spillway and pool area. ■ Clean or replace gravel when sediment pool does not drain properly. ■ Remove basin after drainage area has been permanently stabilized, inspected, and approved. Before removing dam, drain water and remove sediment; place waste material in designated disposal areas.Smooth site to blend with surrounding area and stabilize. EPA SWPPP Template, Version 2.1 26 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.5 Minimize Dust Instructions (see CGP Parts 2.2.6 and 7.2.6): Describe controls and procedures you will use at your site to minimize the generation of dust. General ■ Methods to minimize the generation of dust will include watering and the use of tarpaulins on dump trucks hauling materials. Specific Dust Controls Dust Control # 1 Dust Control Description ■ During dry periods, contractor will minimize dust with water, tarpaulins on dump trucks, and other suppression techniques. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ N/A 4.6 Minimize Steep Slope Disturbances Instructions (see CGP Parts 2.2.7 and 7.2.6): — Describe how you will minimize the disturbance to steep slopes (as defined by CGP Appendix A). — Describe controls (e.g., erosion control blankets, tackifiers), including design, installation and maintenance specifications, that will be implemented to minimize sediment discharges from slope disturbances. General ■ Temporary seeding, geotextiles, and mulching and netting will be used to minimize the disturbance and erosion of steep slopes. Specific Steep Slope Controls Steep Slope Control # 1 Temporary Seeding Design/Construction Requirements ■ Temporary seeding will allow a short-term vegetative cover on disturbed site areas that may be in danger of erosion. Temporary seeding will be done at stock piles and disturbed portions of the site where construction activity will temporarily cease for at least 14 days.The temporary seeding will stabilize cleared and unvegetated areas that will not be brought into final grade for several weeks or months. ■ Planting should preferably be done between April 1 St and June 30t", and September 1 St through September 31 St. If planting is done in the months of July and August, irrigation may be required. If planting is done between October 1 St and March 31 St, mulching should be applied immediately EPA SWPPP Template, Version 2.1 27 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA after planting. If seeding is done during the summer months, irrigation of some sort will probably be necessary. ■ Before seeding, install structural practice controls. Utilize Amoco supergrow or equivalent. ■ The seedbed should be firm with a fairly fine surface. Perform all cultural operations across or at right angles to the slope. A minimum of 2 to 4-inches of tilled topsoil is required. The topsoil must have a sandy loam to silt loam texture with 15%to 20%organic content. ■ Apply uniformly 2 tons of ground limestone per acre (100 lbs. per 1,000 sq. ft.) or according to soil test. Apply uniformly 10-10-10 analysis fertilizer at the rate of 400 lbs. per acre (14lbs. per 1,000 sq. ft.) or as indicated by soil test. Forty percent of the nitrogen should be in organic form. Work in lime and fertilizer to a depth of 4-inches using any suitable equipment. ■ Select the appropriate seed species for temporary cover from the following table. Species Seeding Rate Seeding Rate Recommended Seeding Seed Cover (Ibs/1,000 sq.ft.) (lbs/acres) Dates Required Annual 1 40 April 1st to June 1st '/4 inch Ryegrass August 15th to Sept. 15th Foxtail Millet 0.7 30 May 1st to June 30th '/2 to 3/4 inch Oats 2 80 April 1 st to July 1 st 1 to 1-'/2 inch August 15th to Sept. 15th Winter Rye 3 120 August 15th to Oct. 15th 1 to 1-'/2 inch Apply the seed uniformly by hydroseeding, broadcasting, or by hand. ■ Use an effective mulch, such as clean grain straw; tacked and/or tied with netting to protect seedbed and encourage plant growth. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Inspect within 3 weeks of planting to see if stands are adequate. Check for damage within 24 hours of the end to a heavy rainfall. Stands should be uniform and dense. Fertilize, reseed, and mulch damaged and sparse areas immediately. Tack or tie down mulch as necessary. ■ Seeds should be supplied with adequate moisture. Furnish water as needed, especially in abnormally hot or dry weather. Water application rates should be controlled to prevent runoff. Steep Slope Control # 2 Geotextiles Design/Construction Requirements ■ Geotextiles such as jute netting will be used in combination with other practices such as mulching to stabilize slopes as necessary. The following geotextiles materials or equivalent are to be utilized for structural and nonstructural controls as shown in the following table. Practice Manufacturer Product Remarks Sediment Fence Amoco Woven polypropylene 1 198 0.425 mm opening or equivalent Construction Amoco Woven polypropylene 2002 0.300 mm opening Entrance or equivalent Outlet Protection Amoco Nonwoven polypropylene 0.150 mm opening 4551 or equivalent Erosion Control Amoco Supergrow or equivalent Erosion control revegetation (slope stability) mix, open polypropylene EPA SWPPP Template, Version 2.1 28 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA fiber on degradable polypropylene net scrim Amoco may be reached at (800) 445-7732 ■ Netting and matting require firm, continuous contact between the materials and the soil. If there is no contact, the material will not hold the soil and erosion will occur underneath the materials. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ In the field, regular inspections should be made to check for cracks, tears, breaches in the fabric, or earth undermining underneath the geotextile fabric. The appropriate repairs should be made. Steep Slope Control # 3 Mulching and Netting Design/Construction Requirements ■ Mulching will provide immediate protection to exposed soils during the period of short construction delays, or over winter months through the application of plant residues, or other suitable materials, to exposed soil areas. In areas which have been seeded either for temporary or permanent cover, mulching should immediately follow seeing if necessary. On steep slopes, mulch must be supplemented with netting. The preferred mulching material is straw. ■ Straw has been found to be one of the most effective organic mulch materials. The specifications for straw are described below, but other materials may be appropriate. The straw should be air- dried; free of undesirable seeds and coarse materials. The application rate per 1,000 sq. ft. is 90- 100 lbs. (2-3 bales) and the application rate per acre is 2 tons (100-120 bales). The application should cover about 90% of the surface. The use of straw mulch is appropriate where mulch is maintained for more than three months.Straw mulch is subject to wind blowing unless anchored, is the most commonly used mulching materials, and has the best microenvironment for germinating seeds. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Inspect once every 7 days and after rainfall events of 0.25-inches or greater to check for movement of mulch or erosion. If washout, breakage, or erosion occurs, repair surface, reseed, remulch, and install new netting. ■ Straw or grass mulches that blow or wash away should be repaired promptly. ■ If plastic netting is used to anchor mulch, care should be taken during initial mowing to keep the mower height high. Otherwise, the netting can wrap up on the mower blade shafts. After a period of time, the netting degrades and becomes less of a problem. ■ Continue inspections until vegetation is well established. EPA SWPPP Template, Version 2.1 29 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.7 Topsoil Instructions (see CGP Parts 2.2.8 and 7.2.6): — Describe how topsoil will be preserved and identify these areas and associated control measures on your site map(s). — If it is infeasible for you to preserve topsoil on your site, provide an explanation for why this is the case. General ■ Removed topsoil will be stockpiled and reapplied to site to preserve topsoil on the site in compliance with CGP Section 2.1.2.7. Also, Contractor shall follow steep slope control requirements for all slopes to minimize topsoil loss. Specific Topsoil Controls Topsoil Control # 1 Topsoil Control Description ■ Topsoil will be stockpiled and follow the stockpile controls discussed in Section 4.4 of this SWPPP and CGP Section 2.1.2.4. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements • Topsoil stockpile will follow the maintenance requirements discussed in Section 4.4 of this SWPPP. 4.8 Soil Compaction Instructions (see CGP Parts 2.2.9 and 7.2.6): — In areas where final vegetative stabilization will occur or where infiltration practices will be installed, describe the controls, including design, installation, and maintenance specifications that will be used to restrict vehicle or equipment access or condition the soil for seeding or planting. General ■ After permanent seeding or planting, Contractor to avoid re-compacting topsoil by restricting vehicle and equipment access to comply with the CGP Section 2.1.2.8. Specific Soil Compaction Controls Soil Compaction Control # 1 Soil Compaction Control Description ■ After permanent seeding or planting, Contractor to avoid re-compacting topsoil by restricting vehicle and equipment access Installation ■ As needed/ongoing from start of permit until completion date. EPA SWPPP Template, Version 2.1 30 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Maintenance Requirements ■ N/A 4.9 Storm Drain Inlets Instructions (see CGP Parts 2.2.10 and 7.2.6): — Describe controls (e.g., inserts, rock-filled bags, or block and gravel) including design, installation, and maintenance specifications that will be implemented to protect all inlets that carry stormwater flow from your site to a water of the U.S., provided you have the authority to access the storm drain inlet. General ■ Storm drain inlets will be protected using silt sacks. Specific Storm Drain Inlet Controls Storm Drain Inlet Control # 1 Silt Sack ■ Inlet protection will be utilized around the catch basin grates. The inlet protection will allow the storm drain inlets to be used before final stabilization. This structural practice will allow early use of the drainage system if the retention basin is not already stabilized. Silt sack or equivalent will be utilized for the inlet protection. Silt sack is manufactured by ACF Environmental. The telephone number is 1800-437-6746. Regular flow silt sack will be utilized, and if it does not allow enough storm water flow, hi-flow silt sack will be utilized. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ All trapping devices and the structures they protect should be inspected once every 7 days and after every rainfall events of 0.25-inches or greater and repairs made as necessary. ■ Sediment should be removed from the trapping devices after the sediment has reached a maximum depth of one-half the depth of the trap. ■ Sediment should be disposed of in a suitable area and protected from erosion by either structural or vegetative means. ■ The silt sack must be replaced if it is ripped or torn in any way. ■ Temporary traps should be removed and the area repaired as soon as the contributing drainage area to the inlet has been completely stabilized. ■ 4.10 Stormwater Conveyance Channels Instructions (see CGP Parts 2.2.11 and 7.2.6): If you will be installing a stormwater conveyance channel, describe control practices (e.g., velocity dissipation devices), including design specifications and details (volume, dimensions, outlet structure). that will be implemented at the construction site. General EPA SWPPP Template, Version 2.1 31 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Temporary diversion channels will be constructed with check dams as needed. Specific Conveyance Channel Controls Stormwater Conveyance Channel Control # I Temporary Diversion Channels Design/Construction Requirements ■ Temporary Diversions Channels will be constructed as needed alongside proposed ledge face walls and along any raised roadway areas as necessary and per the plans.The temporary diversion channels will route storm water to temporary sediment basins to remove sediment-laden storm water, before the storm water is allowed to discharge to the permanent detention basin. Check dams need to be utilized along the diversion channels. The maximum spaces of temporary diversion channels should be no greater than the following: Land Slope (%) Spacing (feet) 1%or less 300 ft 2% 200 ft 3%to 5% 150 ft 5%or greater 100 ft ■ The temporary diversion channel cross-section should have a top width between two and four feet, a minimum height of 1.5 ft, and side slopes between 2:1 and 4:1. ■ The grade may be variable depending on the topography and must have a positive grade to the outlet.The maximum channel grade should be limited to 1.0%. ■ The diverted runoff will outlet through check dams and then to a temporary sediment basin. ■ Diversions that are to serve longer than 30 working days should be seeded and mulched as soon as they are constructed, in order to preserve dike height and reduce maintenance. ■ Once the temporary diversion channels are no longer needed, they should be brought to the design grade and permanently stabilized. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Inspect temporary diversion channels once every 7 days and after rainfall events of 0.25-inches or greater. ■ Damage caused by construction traffic or other activity should be repaired before the end of each working day. ■ Immediately remove sediment from the flow area and repair the diversion ridge. ■ Check outlets carefully and make timely repairs as needed. ■ When the area protected has been permanently stabilized, removed the ridge and the channel to blend with the natural ground level, and appropriately stabilize it. Stormwater Conveyance Channel Control # 2 Check Dam Design/Construction Requirements ■ As necessary and per the plans, temporary check dams should be installed along the temporary diversion channels alongside the proposed roadway until it is paved.The check dams will lower the velocities of the concentrated flows, thereby reducing erosion in the channel and promoting the settlement of sediments. ■ Check dams can be constructed of stone, sand bags filled with pea gravel, or logs. Provide a sump immediately upstream. EPA SWPPP Template, Version 2.1 32 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ The maximum spacing between the dams should be such that the toe of the upstream dam is at the same elevation as the top of the downstream dam. ■ The stone must be placed by hand or mechanical placement (do not dump rock to form dam) to achieve complete coverage of the ditch or swale and to ensure that the center of the dam is lower than the edges. The stone used should be 2 to 4-inch size. ■ Log check dams should be constructed of 4 to 6-inch diameter logs embedded into the soil at least 18 inches. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Inspect once every 7 days and after each rainfall event of 0.25-inches or greater. ■ Remove sediment and debris accumulation. Sediment should be removed when it reaches one half the dam height. ■ Check structure and abutments for erosion and rock displacement. Repair immediately. ■ Remove check dam after the contributing drainage area has been permanently stabilized. Remove the channel, re-grade, and stabilize. 4.11 Sediment Basins Instructions (see CGP Parts 2.2.12 and 7.2.6.b.iv): If you will install a sediment basin, include design specifications and other details (volume, dimensions, outlet structure) that will be implemented in conformance with CGP Part 2.2.12. — Sediment basins must be situated outside waters of the U.S. and any natural buffers established under CGP Part 2.2.1; and designed to avoid collecting water from wetlands. — At a minimum, sediment basins provide storage for either (1) the calculated volume of runoff from the 2-year, 24-hour storm (see CGP App. H), or (2) 3,600 cubic feet per acre drained — Sediment basins must also utilize outlet structures that withdraw water from the surface, unless infeasible General ■ Sediment basins will be constructed downhill of the temporary diversion channels. Specific Sediment Basin Controls Sediment Basin Control # 1 Sediment Basins Design/Construction Requirements ■ Temporary sediment basins will be constructed downhill of the temporary diversion channels and as shown on the SWPPP plan. The temporary sediment basins will handle storm water, filtering out sediment until the permanent detention basin fore bays and subsurface precast particle separators are installed functioning properly. ■ Divert runoff to basin as possible and per plans. ■ Check dams will be provided inside the basin if required. EPA SWPPP Template, Version 2.1 33 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ The sediment basin should have a minimum volume based on '/2 inch of storage for each acre of drainage area. This volume equates to 3,600 cubic feet of storage for each acre of drainage area, or as shown on the plans. ■ The length-to-width ratio should be 2:1 or greater (or as shown on the plans); divert inflow to upper end of basin to avoid short-circuiting flow. Length is defined as the average distance from the inlet to the outlet of the trap. ■ Utilized side slopes of 3:1 and a 10-foot wide spillway, or as shown on the plans,with 4 to 6-inch riprap stone. ■ The sediment basin should be located as close to the sediment source as site conditions permit considering soils, pool area, dam length, and spillway conditions. ■ Line bottom with gravel and stabilize as soon as possible. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Sediment basins should be readily accessible for maintenance and sediment removal. The sediment basin should remain in operation and be properly maintained until the site area is permanently stabilized by vegetation and/or when permanent structures are in place. ■ Inspect sediment basins once every 7 days and after each rainfall event of 0.25-inches or greater. ■ Remove and properly dispose of sediment when it accumulates to one-half design volume (level marked by reference stake). The effectiveness of a sediment pond is based less on its size than on regular sediment removal. ■ Check embankment, emergency spillway, and outlet for erosion damage. ■ Check embankment for: settlement, seepage, or slumping along the toe. Repair immediately. Removed trash and other debris from principal spillway and pool area. ■ Clean or replace gravel when sediment pool does not drain properly. ■ Remove basin after drainage area has been permanently stabilized, inspected, and approved. Before removing dam, drain water and remove sediment; place waste material in designated disposal areas.Smooth site to blend with surrounding area and stabilize. 4.12 Chemical Treatment Instructions (see CGP Parts 2.2.13 and 7.2.6.v): If you are using treatment chemicals at your site, provide details for each of the items below. This information is required as part of the SWPPP requirements in CGP Part 7.2.6.v. Soil Types List all the soil types (including soil types expected to be found in fill material) that are expected to be exposed during construction in areas of the project that will drain to chemical treatment systems: N/A Treatment Chemicals List all treatment chemicals that will be used at the site and explain why these chemicals are suited to the soil characteristics: N/A Describe the dosage of all treatment chemicals you will use at the site or the methodology you will use to determine dosage: N/A Provide information from any applicable Safety Data Sheets (SDS): N/A Describe how each of the chemicals will stored: N/A EPA SWPPP Template, Version 2.1 34 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Include 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: N/A Special Controls for Cationic Treatment Chemicals (if applicable) If the applicable EPA Regional Office authorized you to use cationic treatment chemicals, include the official EPA authorization letter or other communication, and identify 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: N/A Schematic Drawings of Stormwater Controls/Chemical Treatment Systems Provide schematic drawings of any chemically-enhanced stormwater controls or chemical treatment systems to be used for application of treatment chemicals: N/A Training Describe the training that personnel who handle and apply chemicals have received prior to permit coverage, or will receive prior to the use of treatment chemicals: N/A 4.13 Dewatering Practices Instructions (see CGP Parts 2.4 and 7.2.6): If you will be discharging ground water or accumulated stormwater that is removed from excavations, trenches, foundations, vaults, or other similar points of accumulation, include design specifications and details of all dewatering practices that are installed and maintained to comply with CGP Part 2.4. General ■ Dewatering is not anticipated to be needed. If needed, stormwater and groundwater from excavations, trenches, etc.,will be pumped with localized sumps and recharged on site. Direct discharge to catch basins will not be completed. Specific Dewatering Practices Dewatering Practice # 1 Dewatering Practice Description ■ As dewatering is necessary, the contractor is to be solely responsible for the adequacy of the dewatering systems and for selecting and operating the dewatering systems in accordance with 2017 CGP, Federal, State, and Local regulations. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Contractor to comply with 2017 CGP, Federal, State, and Local maintenance requirements. (Note: At a minimum, you must comply with following requirement in CGP Part 2.1.3.4: "With backwash water, either haul it away for disposal or return it to the beginning of the treatment process; and replace and clean the filter media used in dewatering devices when the pressure differential equals or exceeds the manufacturer's specifications.") EPA SWPPP Template, Version 2.1 35 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.14 Other Stormwater Controls Instructions: — Describe any other stormwater controls that do not fit into the above categories. General ■ Outlet Protection will be used at the inlet and outlet to the detention basin. Specific Stormwater Control Practices Stormwater Control Practice # 1 Outlet Protection Design/Construction Requirements ■ Outlet Protection will be used at the inlet and outlet to the detention basin to reduce the speed of concentrated storm water flows. This will be accomplished utilizing a riprap line apron. ■ Excavate subgrade below design elevation to all for thickness of filter blanket and riprap. Final structure should be in accordance with the location and elevations shown on the plans. Blend riprap smoothly to the surrounding land. ■ If a curve is necessary to fit site conditions, curve the apron near the upstream end. ■ Compact any fill used in the subgrade to the density of the surrounding undisturbed materials. Subgrade should be smooth enough to protect fabric from tearing. ■ Install a continuous section of filter fabric on smooth, compacted foundation. The filter fabric should be Amoco non-woven polypropylene 4551 or equivalent. ■ Protect filter fabric from tearing while placing riprap with machinery. Repair any damage immediately by removing riprap and installing another section of filter fabric. Upstream section of fabric should overlap downstream section a minimum of one foot. ■ Make sure top of riprap apron is level with receiving down gradient upland area or slightly below it. ■ Stabilize all disturbed areas immediately after installation. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Inspect riprap outlet structures once every 7 days and after rainfall events of 0.25-inches or greater for erosion at sides and ends of apron and for stone displacement. ■ Rock may need to be added if sediment builds up in the pore spaces of the outlet pad. EPA SWPPP Template, Version 2.1 36 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 4.15 Site Stabilization Instructions (see CGP Parts 2.2.14 and 7.2.6.vi): The CGP requires you to immediately initiate stabilization when work in an area of your site has permanently or temporarily stopped, and to complete certain stabilization activities within prescribed deadlines. Construction projects disturbing more than 5 acres at any one time have a different deadline than projects disturbing 5 acres or less at any one time. See CGP Part 2.2.14.a. The CGP also requires that stabilization measures meet certain minimum criteria. See CGP Part 2.2.14.b. For your SWPPP, you must include the following: — Describe the specific vegetative and/or non-vegetative practices that will be used to stabilize exposed soils where construction activities have temporarily or permanently ceased. Avoid using impervious surfaces for stabilization whenever possible. — The stabilization deadline(s) that will be met in accordance with Part 2.2.14.a — Once you begin construction, consider using the Grading/Stabilization Activities log in Appendix H of the Template to document your compliance with the stabilization requirements in CGP Part 2.2.14. Total Amount of Land Disturbance Occurring at Any One Time ❑X Five Acres or less ❑ More than Five Acres Site Stabilization Practice (only use this if you are not located in an arid, semi-arid, or drought-stricken area) M Vegetative ❑ Non-Vegetative M Temporary ❑ Permanent Description of Practice ■ Temporary seeding will allow a short-term vegetative cover on disturbed site areas that may be in danger of erosion. Temporary seeding will be done at stock piles and disturbed portions of the site where construction activity will temporarily cease for at least 14 days.The temporary seeding will stabilize cleared and unvegetated areas that will not be brought into final grade for several weeks or months. ■ Planting should preferably be done between April 1 st and June 30t", and September 1 st through September 31 St. If planting is done in the months of July and August, irrigation may be required. If planting is done between October 1 St and March 31 St, mulching should be applied immediately after planting. If seeding is done during the summer months, irrigation of some sort will probably be necessary. ■ Before seeding, install structural practice controls. Utilize Amoco supergrow or equivalent. ■ The seedbed should be firm with a fairly fine surface. Perform all cultural operations across or at right angles to the slope. A minimum of 2 to 4-inches of tilled topsoil is required. The topsoil must have a sandy loam to silt loam texture with 15%to 20%organic content. ■ Apply uniformly 2 tons of ground limestone per acre (100 lbs. per 1,000 sq. ft.) or according to soil test. Apply uniformly 10-10-10 analysis fertilizer at the rate of 400 lbs. per acre (14lbs. per 1,000 sq. ft.) or as indicated by soil test. Forty percent of the nitrogen should be in organic form. Work in lime and fertilizer to a depth of 4-inches using any suitable equipment. ■ Select the appropriate seed species for temporary cover from the following table. Species Seeding Rate Seeding Rate Recommended Seeding Seed Cover (lbs/1,000 sq.ft.) (lbs/acres) Dates Required EPA SWPPP Template, Version 2.1 37 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Annual 1 40 April 1 st to June 1 st '/4 inch Ryegrass August 15th to Sept. 15th Foxtail Millet 0.7 30 May 1st to June 30th '/2 to 3/4 inch Oats 2 80 April 1 st to July 1 st 1 to 1-'/2 inch August 15th to Sept. 15th Winter Rye 3 120 1 August 15th to Oct. 15th 1 to 1-'/2 inch Apply the seed uniformly by hydroseeding, broadcasting, or by hand. ■ Use an effective mulch, such as clean grain straw; tacked and/or tied with netting to protect seedbed and encourage plant growth. Installation ■ As needed/ongoing from start of permit until completion date and within 14 days of construction ending/ceasing on a portion of the site. Maintenance Requirements ■ Inspect within 3 weeks of planting to see if stands are adequate. Check for damage within 24 hours of the end to a heavy rainfall. Stands should be uniform and dense. Fertilize, reseed, and mulch damaged and sparse areas immediately. Tack or tie down mulch as necessary. ■ Seeds should be supplied with adequate moisture. Furnish water as needed, especially in abnormally hot or dry weather. Water application rates should be controlled to prevent runoff. Site Stabilization Practice (only use this if you are located in an arid, semi-arid, or drought-stricken area) F-1 Vegetative FJ Non-Vegetative M Temporary F-1 Permanent Description of Practice ■ Geotextiles such as jute netting will be used in combination with other practices such as mulching to stabilize slopes as necessary. The following geotextiles materials or equivalent are to be utilized for structural and nonstructural controls as shown in the following table. Practice Manufacturer Product Remarks Sediment Fence Amoco Woven polypropylene 1198 0.425 mm opening or equivalent Construction Amoco Woven polypropylene 2002 0.300 mm opening Entrance or equivalent Outlet Protection Amoco Nonwoven polypropylene 0.150 mm opening 4551 or equivalent Erosion Control Amoco Supergrow or equivalent Erosion control revegetation (slope stability) mix, open polypropylene fiber on degradable polypropylene net scrim Amoco may be reached at (800) 445-7732 ■ Netting and matting require firm, continuous contact between the materials and the soil. If there is no contact, the material will not hold the soil and erosion will occur underneath the materials. Installation ■ As needed/ongoing from start of permit until completion date and within 14 days of construction ending/ceasing on a portion of the site. EPA SWPPP Template, Version 2.1 38 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Maintenance Requirements ■ In the field, regular inspections should be made to check for cracks, tears, breaches in the fabric, or earth undermining underneath the geotextile fabric. The appropriate repairs should be made. Site Stabilization Practice F-1 Vegetative FJ Non-Vegetative Fq Temporary F-1 Permanent Description of Practice ■ Mulching will provide immediate protection to exposed soils during the period of short construction delays, or over winter months through the application of plant residues, or other suitable materials, to exposed soil areas. In areas which have been seeded either for temporary or permanent cover, mulching should immediately follow seeing if necessary. On steep slopes, mulch must be supplemented with netting. The preferred mulching material is straw. ■ Straw has been found to be one of the most effective organic mulch materials. The specifications for straw are described below, but other materials may be appropriate. The straw should be air- dried; free of undesirable seeds and coarse materials. The application rate per 1,000 sq. ft. is 90- 100 lbs. (2-3 bales) and the application rate per acre is 2 tons (100-120 bales). The application should cover about 90% of the surface. The use of straw mulch is appropriate where mulch is maintained for more than three months. Straw mulch is subject to wind blowing unless anchored, is the most commonly used mulching materials, and has the best microenvironment for germinating seeds. Installation ■ As needed/ongoing from start of permit until completion date and within 14 days of construction ending/ceasing on a portion of the site. Maintenance Requirements ■ Inspect once every 7 days and after rainfall events of 0.25-inches or greater to check for movement of mulch or erosion. If washout, breakage, or erosion occurs, repair surface, reseed, remulch, and install new netting. ■ Straw or grass mulches that blow or wash away should be repaired promptly. ■ If plastic netting is used to anchor mulch, care should be taken during initial mowing to keep the mower height high. Otherwise, the netting can wrap up on the mower blade shafts. After a period of time, the netting degrades and becomes less of a problem. ■ Continue inspections until vegetation is well established. Site Stabilization Practice F-1 Vegetative ® Non-Vegetative F-1 Temporary ® Permanent Description of Practice ■ Grading on fill slopes, cut slopes, and stockpile areas will be done with full siltation controls in place. ■ Areas to be graded should be cleared and grubbed of all timber, logs, brush, rubbish, and vegetated matter that will interfere with the grading operation. Topsoil should be stripped and stockpiled for use on critical disturbed areas for establishment of vegetation. Cut sloped to be topsoiled should be thoroughly scarified to a minimum depth of 3-inches prior to placement of topsoil. ■ Fill materials should be generally free of brush, rubbish, rocks, and stumps. Frozen materials or soft and easily compressible materials should not be used in fills intended to support buildings, parking lots, roads, conduits, or other structures. EPA SWPPP Template, Version 2.1 39 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Earth fill intended to support structural measures should be compacted to a minimum of 90 percent of Standard Proctor Test density with proper moisture control, or as otherwise specified by the engineer responsible for the design. Compaction of other gills should be to the density required to control sloughing, erosion or excessive moisture content. Maximum thickness of fill layers prior to compaction should not exceed 9 inches. ■ The uppermost one foot of fill slopes should be compacted to at least 85 percent of the maximum unit weight (based on the modified AASHTO compaction test). This is usually accomplished by running heavy equipment over the fill. ■ Fill should consist of material from borrow areas and excess cut will be stockpiled in areas shown on the Site Plans. All disturbed areas should be free draining, left with a neat and finished appearance, and should be protected from erosion. Installation ■ As needed/ongoing from start of permit until completion date and within 14 days of construction ending/ceasing on a portion of the site. Maintenance Requirements ■ All slopes should be checked periodically to see that vegetation is in good condition. Any rills or damage from erosion and animal burrowing should be repaired immediately to avoid further damage. ■ If seeps develop on the slopes, the area should be evaluated to determine if the seep will cause an unstable condition. Subsurface drains or gravel mulch may be required to solve seep problems. However, no seeps are anticipated. ■ Areas requiring revegetation should be repaired immediately.Slopes should be limed and fertilized as necessary to keep vegetation healthy. Control undesirable vegetation such as weeds and woody growth to avoid bank stability problems in the future. Site Stabilization Practice M Vegetative ❑ Non-Vegetative ❑ Temporary ® Permanent Description of Practice ■ Permanent Seeding should be done immediately after the final design grades are achieved. Native species of plants should be used to establish perennial vegetative cover on disturbed areas. The revegetation should be done early enough in the fall so that a good cover is established before cold weather comes and growth stops until the spring. A good cover is defined as vegetation covering 75 percent or more of the ground surface. ■ In infertile or coarse-textured subsoil, it is best to stockpile topsoil and respread it over the finished slope at a minimum 2 to 6-inch depth and roll it to provide a firm seedbed.The topsoil must have a sandy loam to silt loam texture with 15%to 20%organic content. If construction fill operations have left soil exposed with a loose, rough, or irregular surface, smooth with blade and roll. ■ Loosed the soil to a depth of 3-5 inches with suitable agricultural or construction equipment. ■ Areas not to receive topsoil shall be treated to firm the seedbed after incorporation of the lime and fertilizer so that it is depressed no more than '/2-1 inch when stepped on with a show. Areas to receive topsoil shall not be firmed until after topsoiling and lime and fertilizer is applied and incorporated, at which time it shall be treated to firm the seedbed as described above. ■ Selected an appropriate cool or warm season grass based on site conditions and seeding date or as per drawings and specifications. Apply the seed uniformly by hydroseeding, broadcasting, or by hand. Uniform seed distribution is essential. On steep slopes, hydroseeding may be the most effective seeding method. Surface roughening is particularly important when preparing slopes for hydroseeding. ■ Lime and fertilize. EPA SWPPP Template, Version 2.1 40 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Mulch the seedings with straw applied at the rate of'/2 tons per acre. Anchor the mulch with erosion control netting or fabric on sloping areas. Amoco supergrow or equivalent should be utilized. ■ Recommended seeding dates: April 1 It to July 1 It or August 15th to October 15th. Installation ■ As needed/ongoing from start of permit until completion date and within 14 days of construction being completed on a portion of the site. Maintenance Requirements ■ Frequently inspect seeded areas for failure and make necessary repairs and reseed immediately. Conduct or follow-up survey after one year and replaced failed plants where necessary. ■ If vegetative cover is inadequate to prevent rill erosion, overseed and fertilize in accordance with soil test results. ■ If a stand has less than 40% cover, reevaluate choice of plant materials and quantities of lime and fertilizer. Re-establish the stand following seedbed preparation and seeding recommendations, omitting lime and fertilizer in the absence of soil test results. If the season prevents resowing, mulch or jute netting is an effective temporary cover. Seeded areas should be fertilized during the second growing season. Lime and fertilizer thereafter at periodic intervals, as needed. EPA SWPPP Template, Version 2.1 41 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 5: POLLUTION PREVENTION STANDARDS 5.1 Potential Sources of Pollution Instructions (see CGP Part 7.2.3.g): — Identify and describe all pollutant-generating activities at your site (e.g., paving operations; concrete, paint, and stucco washout and waste disposal; solid waste storage and disposal). — For each pollutant-generating activity, include an inventory of pollutants or pollutant constituents associated with that activity (e.g., sediment, fertilizers, and/or pesticides, paints, solvents, fuels),which could be exposed to rainfall or snowmelt, and could be discharged 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. Construction Site Pollutants INSERT TEXT OR USE TABLE BELOW Pollutants or Pollutant Location on Site Poll utant-Generatin Constituents or reference SWPPP site ma g Activity that could be discharged if ( p � g where this is shown exexposed to stormwater ) p ) Pavement & Building Concrete,Tar, Petroleum In tightly sealed container in a Operations Based Products, Snowmelt shed. Vehicle, Equipment & Detergents, Petroleum Based Detergents and cleaning Building Washing Products, Cleaning Solvents solvents will be stored in tightlysealed containers in a shed. Containers will be tightly sealed Roadway Striping, Building, Paints enamel and latex) and stored when not required &Site Construction for use. They will be stored in a shed. Seeding, PlantingFertilizers, Pesticides Storage will be in a covered g shed. Solid Waste & Waste Trash Contained and covered trash Disposal storage. Vehicle & Equipment Fuels, Oils, Lubricants In sealed containers in a fuel storage area shed. EPA SWPPP Template, Version 2.1 42 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 5.2 Spill Prevention and Response Instructions (see CGP Parts 2.3.6 and 7.2.6.vii): — Describe procedures you will use to prevent and respond to leaks,spills, and other releases. You must implement the following at a minimum: ✓ 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; and ✓ 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 Part 1 10, 40 CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period. Contact information must be in locations that are readily accessible and available. — Some projects/site may be required to develop a Spill Prevention Control and Countermeasure (SPCC) plan under a separate regulatory program (40 CFR 112). If you are required to develop an SPCC plan, or you already have one, you should include references to the relevant requirements from your plan. The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to stormwater runoff. ■ An effort will be made to store only the amount of material required to do the job. ■ All materials stored onsite will be stored in a near, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. ■ Products will be kept in their original containers with the original manufacturer's label. ■ Whenever possible, all of a product will be used up before disposing of the container. ■ Manufacturer's recommendations for proper use and disposal will be followed. ■ The site superintendent will inspect daily to ensure proper use and disposal of materials onsite. These practices are used to reduce the risks associated with hazardous materials: ■ Products will be kept in the original containers unless they are not re-sealable. ■ Original labels and material safety data will be retained; they contain important product information. ■ If surplus product must be disposed of, manufacturers or local and State recommended methods for proper disposal will be followed. In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and clean-up: ■ Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. ■ Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include, but not be limited to, brooms, dustpans, mops, rags, gloves, goggles, kitty litter, sand,sawdust, and plastic and metal trash containers specifically for this purpose. ■ All spills will be cleaned up immediately upon discovery. ■ The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. EPA SWPPP Template, Version 2.1 43 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Spills of toxic or hazardous substances will be reported to the appropriate State or local government agency, regardless of the size. ■ The spill prevention plan will be adjusted to include measure to prevent this type of spill from reoccurring and how to clean up the spill if there should be another. A description of the spill,what caused it, and the cleanup measure will also be included. ■ The Site Superintendent responsible for the day-to-day site operation will be the spill prevention and cleanup coordinator. All onsite personnel handling any hazardous chemicals will also be properly trained in handling and spill cleanup. ■ Any spills of hazardous waste will be reported not only to MassDEP but to federal authorities according to the requirements listed in the CGP Part 2.3.3. 5.3 Fueling and Maintenance of Equipment or Vehicles Instructions (see CGP Parts 2.3.1 and 7.2.6): — Describe equipment/vehicle fueling and maintenance practices that will be implemented to eliminate the discharge of spilled or leaked chemicals (e.g., providing secondary containment (examples: spill berms, decks, spill containment pallets) and cover where appropriate, and/or having spill kits readily available.) General ■ Major equipment/vehicle refueling and maintenance will be performed on-site in a designated fueling area. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ All major equipment/fueling and maintenance will be performed on-site in a designated fueling area. The fueling area shall by kept away from drainage structures to prevent stormwater contamination. ■ The fueling area shall be kept dry and clean and shall have a spill kit. Staff should know how to use the kit. ■ Employees shall be trained in proper fueling procedures: stay with vehicles during fueling, proper use of pumps, emergency shut-off valves, etc. ■ Only minor equipment maintenance will occur on-site. ■ All vehicle waste (oil, antifreeze, etc.) will be disposed of according to manufacturer instructions. ■ Absorbent, spill kits, and spill-cleanup materials will be available in the materials storage area. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Equipment and vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the change of leakage. Any leaks will be repaired immediately, or the problem vehicle or equipment will be removed from the project site. Contractor to follow and be in compliance with CGP Section 2.3.3.1. EPA SWPPP Template, Version 2.1 44 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 5.4 Washing of Equipment and Vehicles Instructions (see CGP Parts 2.3.2 and 7.2.6): — Describe equipment/vehicle washing practices that will be used to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other types of wash waters (e.g., 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). — Describe how you will prevent the discharge of soaps, detergents, or solvents by providing either (1) cover (examples: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. General ■ vehicle and equipment washing will take place in a wash area to prevent/minimize the discharge of pollutants. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ The designated wash area shall be impervious and bermed. ■ The use of detergents will be kept to a minimum. High-pressure water will be used to remove most dirt adequately. If detergents are needed, phosphate and organic-based detergents will be avoided. Only biodegradable, free of halogenated solvents products will be used. ■ Washing areas will be clearly marked with signage. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Making repairs to berms as needed and repairs to drainage to the sanitary sewer system. ■ Contractor to be in compliance with CGP 2.3.3.2. 5.5 Storage, Handling, and Disposal of Building Products, Materials, and Wastes Instructions (see CGP Parts 2.3.3 and 7.2.6): — For any of the types of building products, materials, and wastes below in Sections 5.5.1- 5.5.6 below that you expect to use or store at your site, provide the information on how you will comply with the corresponding CGP provision and the specific practices that you will be employ. 5.5.1 Building Products General ■ The exposure of building products to stormwater will be limited through the method of covering products in the material storage area, handling and disposing of properly. EPA SWPPP Template, Version 2.1 45 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ Building products in the materials storage area will be covered with plastic sheeting, tarps, and temporary roofing to prevent these products from coming into contact with rainwater. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ The plastic sheeting, tarps and temporary roofing will be checked daily for rips or holes. As needed, covering will be repaired or replaced immediately. 5.5.2 Pesticides, Herbicides, Insecticides, Fertilizers, and Landscape Materials General ■ All pesticides, herbicides, insecticides, fertilizers, and landscape materials stored on sight will be kept in proper containers and kept in the materials storage area with coverage. Overuse of products will be limited by following recommended application rates and minimizing use to only as required. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ Pesticides, herbicides, insecticides, and fertilizers will be stored in a dry area, covered with plastic sheeting, tarp, or temporary roofing. This area will have berms to contain the stored pesticides, etc. in case of spillage. Spill materials will be available in the same storage area in case of spillage. ■ Manufacturer directions for application rates and methods will be followed to limit overuse. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ The plastic covering, tarp, or temporary roofing will be inspected daily for rips or holes and repaired or replaced immediately as needed. ■ The storage area will be inspected weekly to look for any possible repairs needed for the berms. 5.5.3 Diesel Fuel, Oil, Hydraulic Fluids, Other Petroleum Products, and Other Chemicals General ■ Petroleum products will be stored in containers in the materials storage area with coverage to prevent the exposure of pollutants to stormwater. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description EPA SWPPP Template, Version 2.1 46 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ All petroleum products and chemicals will be stored in water-tight containers. ■ The petroleum products and chemicals will be covered with plastic sheeting, tarp, or temporary roofing to prevent exposure to rainwater. ■ The materials storage area will have berms to contain any possible spills. ■ Spill materials will be kept in the same storage area. ■ Spills will be cleaned up immediately using dry cleanup methods. Surfaces or spills will NOT be cleaned by hosing down the area. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Plastic sheeting, tarp, or temporary roofing will be inspected daily for rips or holes and repaired or replaced immediately as needed. ■ Berms will be checked for possible repairs and fixed as needed. 5.5.4 Hazardous or Toxic Waste (Note: Examples include paints, solvents, petroleum-based products, wood preservatives, additives, curing compounds, acids.) General ■ Hazardous or toxic waste will be stored separate from other waste and will be disposed of in accordance with federal, state, and municipal regulations and CGP Section 2.3.3.3 to prevent/minimize exposure to stormwater. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ All hazardous and toxic waste will be stored in sealed containers in a hazardous materials storage area, separated from other materials. The containers will be constructed of suitable materials to prevent leakage and corrosion and will be labeled in accordance with Resource Conservation and Recovery Act (RCRA) requirements.The containers will be kept on spill pallets to provide secondary containment. ■ All hazardous and toxic waste will be disposed of in accordance with manufacturer's recommended method and in accordance with federal, state, and municipal regulations. ■ Spills will be cleaned immediately using dry cleanup methods. Spills will not be cleaned by hosing down the spill area to prevent discharge to stormwater. Spill materials will be stored in the materials storage area. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements Containers will be checked daily to look for leaks/spills. Any leaks/spills will be cleaned immediately and the damaged storage container will be replaced 5.5.5 Construction and Domestic Waste (Note: Examples include packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, and other trash or building materials.) EPA SWPPP Template, Version 2.1 47 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA General ■ All construction and domestic waste materials will be collected and disposed of in accordance with federal, state, and municipal regulations to prevent/minimize exposure to stormwater. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ Construction and domestic waste will be contained in dumpsters of sufficient size to prevent overflow. Only trash and construction waste from the site will be deposited in the dumpsters. ■ Dumpsters will be placed away from stormwater drain inlets and conveyance channels. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ The dumpsters will be inspected weekly and immediately after storm events. The dumpsters will be emptied weekly or as necessary by Contractor. 5.5.6 Sanitary Waste General ■ Sanitary waste will be collected in temporary sanitary facilities and kept away from stormwater drain inlets and conveyance channels to prevent exposure. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ Two temporary sanitary facilities (portable toilets) will be kept on site in the staging area, and away from the drainage system. ■ The portable toilets will have collection pans underneath as a secondary containment in case of leaks. ■ The portable toilets will be secured so they will not be tipped or knocked over. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ The portable toilets will be inspected weekly for leaks in the holding tanks. Toilets with leaks will be removed from the site and replaced. ■ Sanitary waste will be collected from the portable toilets once times a week, or more if needed, by Contractor. EPA SWPPP Template, Version 2.1 48 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA 5.6 Washing of Applicators and Containers used for Paint.. Concrete or Other Materials Instructions (see CGP Parts 2.3.4 and 7.2.6): — Describe how you will comply with the CGP Part 2.3.4 requirement for washing applications and containers. General ■ All major washing of concrete trucks and containers will be performed on-site in a designated washout area and washout water will be collected and retained. For the minor washing of containers for concrete, paint, or other materials,washout water will be collected and retained in water-tight containers and dispose of offsite in accordance with all Federal,State, and Local requirements to prevent/minimize exposure to stormwater. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description ■ Washout water and solids will be collected and retained in water tight containers. ■ Containers will be disposed of in accordance with Section 5.5.4 of this SWPPP. ■ The removal and disposal of hardened concrete waste will follow the same disposal methods of construction wastes discussed in Section 5.5.5 of this SWPPP. ■ Washout activities will be located away from stormwater inlets in specified washout designated areas. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ Washout containers will be inspected daily for leaks. Any leak/spill will be cleaned immediately, and the container will be replaced. 5.7 Fertilizers Instructions (CGP Parts 2.3.5 and 7.2.6.ix): Describe how you will comply with the CGP Part 2.3.5 requirement for the application of fertilizers. General ■ All fertilizers stored on sight will be kept in proper containers and kept in the materials storage area with coverage. Overuse of fertilizers will be limited by following recommended application rates and used only as required to meet the Fertilizer Discharge Restrictions listed in the CGP section 2.3.5. Specific Pollution Prevention Practices Pollution Prevention Practice # 1 Description EPA SWPPP Template, Version 2.1 49 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA ■ Fertilizers will be stored in a dry area, covered with plastic sheeting, tarp, or temporary roofing. This area will have berms to contain the stored fertilizers in case of spillage.Spill materials will be available in the same storage area. ■ Fertilizers will be applied at a rate and in amounts consistent with manufacturer's directions. ■ Fertilizers will be applied at the appropriate time of year, coinciding as closely as possible to the period of maximum vegetation uptake and growth. ■ Applying fertilizers before heavy rains will be avoided. ■ Fertilizers will never be applied to frozen ground. ■ Fertilizers will not be applied to stormwater channels with flowing water. ■ All federal, state, and local requirements regarding fertilizer application will be followed. Installation ■ As needed/ongoing from start of permit until completion date. Maintenance Requirements ■ The plastic covering, tarp, or temporary roofing will be inspected daily for rips, holes, or damage and repaired/replaced immediately as needed. ■ The storage area will be inspected weekly to look for any possible repairs needed for the berms. 5.8 Other Pollution Prevention Practices Instructions: Describe any additional pollution prevention practices that do not fit into the above categories. Insert Any Additional Pollution Prevention Practices that sire requires here: N/A EPA SWPPP Template, Version 2.1 50 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 6: INSPECTION, MAINTENANCE, AND CORRECTIVE ACTION 6.1 Inspection Personnel and Procedures Instructions (see CGP Parts 3.2,4, 5, and 7.2.7): Describe the procedures you will follow for conducting inspections in accordance with CGP P a its 3.2, 4, 5, a n d 7.2.7. Personnel Responsible for Inspections Project Superintendent Oliver Enterprises, Inc. Note: All personnel conducting inspections must be considered a "qualified person." CGP Part 4.1 clarifies that a "qualified person" is a person knowledgeable in the principles and practices 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. Inspection Schedule Select the inspection frequency(ies) that applies, based on CGP Parts 4.2, 4.3, or 4.4 (Note:you may be subject to different inspection frequencies in different areas of the site. Check all that apply) Standard Frequency: ❑X Every 7 days ❑ Every 14 days and within 24 hours of a 0.25" rain or the occurrence of runoff from snowmelt sufficient to cause a discharge Increased Frequency(if applicable): For areas of sites discharging to sediment or nutrient-impaired waters or to waters designated as Tier 2,Tier 2.5, or Tier 3 ❑ Every 7 days and within 24 hours of a 0.25" rain Reduced Frequency (if applicable) For stabilized areas ❑ Twice during first month, no more than 14 calendar days apart; then once per month after first month; ■ SPECIFY LOCATIONS WHERE STABILIZATION STEPS HAVE BEEN COMPLETED ■ INSERT DATE THAT THEY WERE COMPLETED (Note: It is likely that you will not be able to include this in your initial SWPPP. If you qualify for this reduction (see CGP Part 4.4.1), you will need to modify your SWPPP to include this information.) For stabilized areas on "linear construction sites" ❑ Twice during first month, no more than 14 calendar days apart; then once more within 24 hours of a 0.25" rain ■ SPECIFY LOCATIONS WHERE STABILIZATION STEPS HAVE BEEN COMPLETED ■ INSERT DATE THAT THEY WERE COMPLETED EPA SWPPP Template, Version 2.1 51 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA (Note: It is likely that you will not be able to include this in your initial SWPPP. If you qualify for this reduction (see CGP Part 4.4.1), you will need to modify your SWPPP to include this information.) For arid, semi-arid, or drought-stricken areas during seasonally dry periods or during drought ❑ Once per month and within 24 hours of a 0.25" rain Insert beginning and ending dates of the seasonally-defined dry period for your area or the valid period of drought: ■ Beginning date of seasonally dry period: INSERT APPROXIMATE DATE ■ Ending date of seasonally dry period: INSERT APPROXIMATE DATE For frozen conditions where earth-disturbing activities are being conducted ❑ Once per month Insert beginning and ending dates of frozen conditions on your site: ■ Beginning date of frozen conditions: 1/1/2018 ■ Ending date of frozen conditions: 2/28/2018 Rain Gauge Location (if applicable) Not Applicable. Local weather station to be used. Inspection Report Forms APPENDIX D (Note: EPA has developed a sample inspection form that CGP operators can use. The form is available at https:/Zwww.epa.govZngdes/stormwater-discharges-construction- activities#resources) EPA SWPPP Template, Version 2.1 52 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA 6.2 Corrective Action Instructions (CGP Parts 5 and 7.2.7): — Describe the procedures for taking corrective action in compliance with CGP Part 5. Personnel Responsible for Corrective Actions Project Superintendent Oliver Enterprises, Inc. Corrective Action Forms APPENDIX E (Note: EPA has developed a sample corrective action form that CGP operators can use. The form is available at https://www.epa.aov/npdes/stormwater-discharges-construction- activities#resources) 6.3 Delegation of Authority Instructions: — Identify the individuals) or positions within the company who have been delegated authority to sign inspection reports. — Attach a copy of the signed delegation of authority (see example in Appendix J of the Template.) — For more on this topic, see Appendix I, Subsection 11 of EPA's CGP. Duly Authorized Representative(s) or Position(s): Oliver Enterprises, Inc. Project Superintendent 5 Hancock Street Woburn, MA 01801 (781) 983-9213 Jeff@oliver-enterprises.com EPA SWPPP Template, Version 2.1 53 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 7:TRAINING Instructions (see CGP Part 6 and 7.2.8): — Complete the table below to provide documentation that the personnel required to be trained in CGP Part 6 completed the appropriate training — If personnel will be taking course training (which is not required as part of the CGP), consider using Appendix I of this SWPPP template to track completion of this training — The following personnel, at a minimum, must receive training, and therefore should be listed out individually in the table below: ✓ 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 in Part 4.1; and ✓ Personnel who are responsible for taking corrective actions as required in Part 5. — CGP Part 6 requires that the required personnel must be trained to understand the following if related to the scope of their job duties: ✓ 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: Documentation for Completion of Training Name Describe Training Date Training Completed EPA SWPPP Template, Version 2.1 54 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SECTION 8: CERTIFICATION AND NOTIFICATION Instructions (CGP Appendix I, Part 1.1 Lb): — The following certification statement must be signed and dated by a person who meets the requirements of Appendix I, Part 1.1 l.b. — This certification must be re-signed in the event of a SWPPP Modification. 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. Name: Jeff Oliver Title: Owner Signature: Date: [Repeat as needed for multiple construction operators at the site.] EPA SWPPP Template, Version 2.1 55 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA SWPPP APPENDICES Attach the following documentation to the SWPPP: Appendix A-Site Maps Appendix B-Copy of 2017 CGP (Note: The 2017 CGP is available at https://www.epa.aov/npdes/epas-2017-construction- aeneral-permit-cqp-and-related-documents) Appendix C-NOI and EPA Authorization Email Appendix D-Inspection Form (Note: EPA has developed a sample inspection form that CGP operators can use. The form is available at https://www.epa.qov/npdes/stormwater-discharges-construction- activities#resources) Appendix E-Corrective Action Form (Note: EPA has developed a sample corrective action form that CGP operators can use. The form is available at https://www.epa.aov/npdes/stormwater-discharges-construction- activities#resources) Appendix F-SWPPP Amendment Log Appendix G-Subcontractor Certifications/Agreements Appendix H-Grading and Stabilization Activities Log Appendix 1-Training Log Appendix J-Delegation of Authority Appendix K-Endangered Species Documentation Appendix L-Historic Preservation Documentation EPA SWPPP Template, Version 2.1 56 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix A-Site Maps INSERT SITE MAPS CONSISTENT WITH TEMPLATE SECTION 2.6 EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix B-Copy of 2017 CGP INSERT COPY OF 2017 CGP (Note:The 2017 CGP is available at https://www.epa.qov/npdes/epas-2017-construction- aeneral-permit-cgp-and-related-documents) EPA SWPPP Template, Version 2.1 National Pollutant Discharge Elimination System General Permit for Discharges from Construction Activities In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter CWA), as amended by the Water Quality Act of 1987, P.L. 100-4, "operators" of construction activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National Pollutant Discharge Elimination System (NPDES) general permit, are authorized to discharge pollutants in accordance with the effluent limitations and conditions set forth herein. Permit coverage is required from the "commencement of construction activities" (see Appendix A) until one of the conditions for terminating CGP coverage has been met (see Part 8.2). This permit becomes effective on February 16, 2017. This permit and the authorization to discharge expire at 1 1:59pm, February 16, 2022. Signed and issued this 1 1 th day of January 2017 Signed and issued this 1 1 th day of January 2017 Deborah Szaro, William K. Honker, P.E., Acting Regional Administrator, EPA Region 1 Director, Water Division, EPA Region 6 Signed and issued this 1 1 th day of January 2017 Signed and issued this 1 1 th day of January 2017 Javier Laureano, Ph.D., Karen Flournoy, Director,Clean Water Division, EPA Region 2 Director, Water, Wetlands, and Pesticides Division, EPA Region 7 Signed and issued this 1 1 th day of January 2017 Signed and issued this 1 1 th day of January 2017 Jose C. Font, Darcy O'Connor, Acting Director, Caribbean Environmental Assistant Regional Administrator, Office of Water Protection Division, EPA Region 2. Protection, EPA Region 8 Signed and issued this 1 1 th day of January 2017 Signed and issued this 1 1 th day of January 2017 Dominique Lueckenhoff, Kristin Gullatt Acting Director, Water Protection Division, EPA Deputy Director, Water Division, EPA Region 9 Region 3 Signed and issued this 1 1 th day of January 2017 Signed and issued this 1 1 th day of January 2017 Cesar A.Zapata, Daniel D. Opalski, Deputy Director, Water Protection Division, EPA Director, Office of Water and Watersheds, EPA Region 4 Region 10 Signed and issued this 1 1 th day of January 2017 Christopher Korleski, Director, Water Division, EPA Region 5 2017 Construction General Permit (CGP) CONTENTS 1 How to Obtain Coverage Under the Construction General Permit(CGP)...................................1 1.1 Eligibility Conditions..........................................................................................................................1 1.2 Types of Discharges Authorized.....................................................................................................2 1.3 Prohibited Discharges......................................................................................................................4 1.4 Submitting your Notice of Intent (NOI).........................................................................................4 1.5 Requirement to Post a Notice of Your Permit Coverage .........................................................6 2 Technology-Based Effluent Limitations.............................................................................................7 2.1 General Stormwater Control Design, Installation, and Maintenance Requirements.........7 2.2 Erosion and Sediment Control Requirements.............................................................................8 2.3 Pollution Prevention Requirements .............................................................................................14 2.4 Construction Dewatering Requirements....................................................................................18 3 Water Quality-Based Effluent Limitations........................................................................................18 3.1 General Effluent Limitation to Meet Applicable Water Quality Standards.........................18 3.2 Discharge Limitations for Sltes Discharging to Sensitive Waters ............................................19 4 Site Inspection Requirements..........................................................................................................20 4.1 Person(s) Responsible for Inspecting Site...................................................................................20 4.2 Frequency of Inspections..............................................................................................................20 4.3 Increase in Inspection Frequency for Sites Discharging to Sensitive Waters.......................20 4.4 Reductions in Inspection Frequency..........................................................................................21 4.5 Areas that MUST Be Inspected.....................................................................................................22 4.6 Requirements for Inspections.......................................................................................................22 4.7 Inspection Report...........................................................................................................................23 4.8 Inspections By EPA..........................................................................................................................24 5 Corrective Actions............................................................................................................................24 5.1 Conditions Triggering Corrective Action....................................................................................24 5.2 Corrective Action Deadlines........................................................................................................24 5.3 Corrective Action Required by EPA............................................................................................25 5.4 Corrective Action Report..............................................................................................................25 6 Staff Training Requirements..............................................................................................................25 7 Stormwater Pollution Prevention Plan (SWPPP)..............................................................................26 7.1 General Requirements ..................................................................................................................26 7.2 SWPPP Contents..............................................................................................................................27 7.3 On-Site Availability of Your SWPPP ..............................................................................................32 7.4 SWPPP Modifications......................................................................................................................33 Page i 2017 Construction General Permit (CGP) 8 How to Terminate Coverage...........................................................................................................34 8.1 Minimum Information Required in NOT......................................................................................34 8.2 Conditions for Terminating CGP Coverage..............................................................................34 8.3 How to Submit Your NOT...............................................................................................................34 8.4 Deadline for Submitting the NOT.................................................................................................35 8.5 Effective Date of Termination of Coverage..............................................................................35 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 Appendix G: Buffer Requirements....................................................................................................... G-1 Appendix H: 2-Year, 24-Hour Storm Frequencies...............................................................................H-1 Appendix I: 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 2017 Construction General Permit (CGP) 1 HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT (CGP) 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 "operator" is any party associated with a construction project that meets either of the following two criteria: a. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., in most cases this is the owner of the site); or b. 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;in most cases this is the general contractor(as defined in Appendix A) of the project). Where there are 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: a. Will disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land; or b. Have been designated by EPA as needing permit coverage under 40 CFR 122.26(a)(1)(v) or 40 C F R 122.26(b)(15)(ii); 1.1.3 Your site is located in an area where EPA is the permitting authority (see Appendix B); 1.1.4 Discharges from your site are not: a. Already covered by a different NPDES permit for the same discharge; or b. In the process of having coverage under a different NPDES permit for the same discharge denied, terminated, or revoked.2,3 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 (ESA) and federally designated critical habitat; If the operator of a "construction support activity" (see Part 1.2.1 c) is different than the operator of the main site,that operator must also obtain permit coverage.See Part 7.1 for clarification on the sharing of liability between and among operators on the same site and for conditions that apply to developing a SWPPP for multiple operators associated with the same site. 2 Parts 1.1.4a 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 to a different operator. 3 Notwithstanding a site being made ineligible for coverage under this permit because it falls under the description of Parts 1.1.4a 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 1 2017 Construction General Permit (CGP) 1.1.6 You have completed the screening process in Appendix E relating to the protection of historic properties; and 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); 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. Page 2 2017 Construction General Permit (CGP) b. Stormwater discharges designated by EPA as needing a permit under 40 CFR 122.26(a)(1)(v) or 122.26(b)(15)(ii); 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. Page 3 2017 Construction General Permit (CGP) 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 discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization. 1.3 PROHIBITED DISCHARGES6 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. 1.4.1 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 How 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,. ..�:.�:..1 ....-.. . ...................................................................... . n s s I irirn I ir,..... iisc I� it s,..... c ..............! ...�;�ru�. ..::�.JI...............I�..::::.:............... ..::�J�.............I�..J�.................. ...............Jr...............p..............�r-,��.!�... 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. Page 4 2017 Construction General Permit (CGP) Waivers from electronic reporting may be granted based on one of the following conditions: 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 Date$ Operator of a new site (i.e., a site where At least 14 calendar days 14 calendar days after EPA construction activities commence on or before commencing notifies you that it has after February 16, 2017) construction activities. received a complete NOI, Operator of an existing site (i.e., a site No later than May 17,2017. unless EPA notifies you that your authorization is delayed with 2012 CGP coverage where or denied. construction activities commenced prior to February 16, 2017) New operator of a permitted site (i.e., an At least 14 calendar days operator that through transfer of before the date the transfer to ownership and/or operation replaces the new operator will take the operator of an already permitted place. 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 provisionally covered under response to a public emergency(e.g., construction activities. the terms and conditions of mud slides, earthquake, extreme this permit immediately,and flooding conditions, disruption in fully covered 14 calendar essential public services), for which the days after EPA notifies you related work requires immediate that it has received a authorization to avoid imminent complete NOI,unless EPA endangerment to human health or the notifies you that your environment, or to reestablish essential authorization is delayed or public services) denied. 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. Page 5 2017 Construction General Permit (CGP) 1.4.4 Modifying your NOI 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 bffsQ . . Ov n s cOnt cl,.....us-stOr t rr i n 1;" 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 we bsi to: h,.L,.I s: . inf irc m in,.� it irl,..... in iiro in m in-tal violations." 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. Page 6 2017 Construction General Permit (CGP) 2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS You must comply with the following technology-based effluent limitations in this Part for all authorized discharges.10 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. 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) 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. Page 7 2017 Construction General Permit (CGP) 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. 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), 13 Any departures from such maintenance recommendations made by the manufacturer must reflect good engineering practices and must be explained in your SWPPP. 14 Examples of perimeter controls include filter berms,silt fences,vegetative strips, and temporary diversion dikes. Page 8 2017 Construction General Permit (CGP) 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 techniques15 at all points that exit onto paved roads. 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 controls» 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. 15 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying geotextile or non-woven filter fabric, and turf mats. 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). 17 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. Page 9 2017 Construction General Permit (CGP) 2.2.6 Minimize dust. On areas of exposed soil, minimize the generation of dust through the appropriate application of water or other dust suppression techniques. 2.2.7 Minimize steep slope disturbances. Minimize the disturbance of "steep slopes" (as defined in Appendix A). 2.2.8 Preserve native topsoil, unless infeasible.21 2.2.9 Minimize soil compaction.22 In areas of your site where final vegetative stabilization will occur or where infiltration practices will be installed: a. Restrict vehicle and equipment use in these locations to avoid soil compaction; and b. Before seeding or planting areas of exposed soil that have been compacted, use techniques that rehabilitate and condition the soils as necessary to support vegetative growth. 2.2.10 Protect storm drain inlets. a. 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 inlet;23 and b. Clean, or remove and replace, the protection measures as sediment accumulates, the filter becomes clogged, and/or performance is compromised. Where there is evidence of sediment accumulation adjacent to the inlet protection measure, remove the deposited sediment by the end of the same business day in which it is found or by the end of the following business day if removal by the same business day is not feasible. 2.2.11 Minimize erosion of stormwater conveyance channels and their embankments, outlets, adjacent streambanks, slopes, and downstream waters. Use erosion controls and velocity dissipation devices24 within and along the length of any stormwater conveyance channel and at any outlet to slow down runoff to minimize erosion. 2.2.12 If you install a 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 2.2.1; b. Design the basin or impoundment to avoid collecting water from wetlands; c. Design the basin or impoundment to provide storage for either: 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 be 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. 24 Examples of velocity dissipation devices include check dams,sediment traps,riprap, and grouted riprap at outlets. Page 10 2017 Construction General Permit (CGP) ii. The calculated volume of runoff from a 2-year, 24-hour storm (see Appendix H); or iii. 3,600 cubic feet per acre drained. 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 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. Page 1 1 2017 Construction General Permit (CGP) conditioned by your authorization to ensure that the use of such chemicals will not cause an exceedance of water quality standards. 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 Deadlines: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 Note:this includes sites disturbing any areas of exposed soil where construction activities have more than five acres(>5.0)total permanently ceased or will be temporarily inactive for 14 or over the course of a project, but more calendar days;29 and that limit disturbance at any one • Complete the installation of stabilization measures as soon as time (i.e., phase the disturbance) practicable, but no later than 14 calendar days after to five acres or less(55.0) 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. Page 12 2017 Construction General Permit (CGP) Total Amount of Land Disturbance Deadline Occurring At Any One Time27 ii. More than five acres(>5.0) • Initiate the installation of stabilization measures immediately3l 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 practicable, but no later than seven (7) calendar days after stabilization has been initiated. 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. Page 13 2017 Construction General Permit (CGP) 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. Page 14 2017 Construction General Permit (CGP) b. If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC) requirements in 40 CFR part 112 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. 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: 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 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. Page 15 2017 Construction General Permit (CGP) 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, 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. 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. Page 16 2017 Construction General Permit (CGP) 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 1 17, 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 1 17, 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 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. Page 17 2017 Construction General Permit (CGP) 2.4 CONSTRUCTION DEWATERING 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 2.4.1 Treat dewatering discharges with controls to minimize discharges of pollutants,-43 2.4.2 Do not discharge visible floating solids or foam; 2.4.3 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 2.4.7 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. 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 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. Page 18 2017 Construction General Permit (CGP) 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 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: 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 . .::::::::.p.........m./ ................q..::::............i... .. a. ov of asfe n des s"l.oirim a,.l. r diisclh�ar e.cfm. 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. Page 19 2017 Construction General Permit (CGP) 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. 4 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.1147 4.2 FREQUENCY OF INSPECTIONS.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 4.2.2 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. 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 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 (<2120F). 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. Page 20 2017 Construction General Permit (CGP) 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: Page 21 2017 Construction General Permit (CGP) 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. 4.5 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; 4.5.2 All stormwater controls (including pollution prevention controls) installed at the site to comply with this permit;50 4.5.3 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; 50 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. Page 22 2017 Construction General Permit (CGP) 4.6.2 Check for the presence of conditions that could lead to spills, leaks, or other accumulations of pollutants on the site; 4.6.3 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. Page 23 2017 Construction General Permit (CGP) 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 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; 4.8.2 Access and copy any records that must be kept under the conditions of this permit; 4.8.3 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 control(s) 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, Page 24 2017 Construction General Permit (CGP) you must modify your SWPPP accordingly within seven (7) calendar days of completing this work. 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 personnel51 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. 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. Page 25 2017 Construction General Permit (CGP) 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. 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 STORMWATER 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,s3 The SWPPP must be kept up-to-date throughout coverage under this permit. 52 The SWPPP does not establish the effluent limits that apply to your site's discharges;these limits are established in this permit in Parts 2 and 3. 53 You have the option of developing a group SWPPP where you are one of several operators at your site. For instance,if both the owner and the general contractor of the construction site are operators and thus are both required to obtain a permit,the owner may be the party undertaking SWPPP development,and the general contractor (or any other operator at the site) can choose to use this same SWPPP, as long as the SWPPP addresses the general contractor's (or other operator's) scope of construction work and functions to be performed under the SWPPP. Regardless of whether there is a group SWPPP or several individual SWPPPs, all operators would be jointly and severally liable for compliance with the permit. Where there are multiple operators associated with the same site through a common plan of development or sale,operators may assign to themselves various permit-related functions under the SWPPP provided that each SWPPP,or a group SWPPP,documents which operator will perform each function under the SWPPP. However, dividing the functions to be performed under each SWPPP, or a single group SWPPP,does not relieve an individual operator from liability for complying with the permit should another operator fail to implement any measures that are necessary for that individual operator to comply with the permit, e.g., the installation and maintenance of any shared controls.In addition,all operators must ensure,either directly or through coordination with other operators,that their activities do not cause a violation and/or render any other operators' controls and/or any shared controls ineffective.All operators who rely on a shared control to comply with the permit are jointly and severally liable for violations of the permit resulting from the failure to properly install, operate and/or maintain the shared control. Page 26 2017 Construction General Permit (CGP) 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. 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 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. Page 27 2017 Construction General Permit (CGP) 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; 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 21 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; 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. Page 28 2017 Construction General Permit (CGP) 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. 7.2.5 Non-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; 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 control(s) 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 57 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. Page 29 2017 Construction General Permit (CGP) 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; (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. Page 30 2017 Construction General Permit (CGP) 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 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 arid 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. 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. Page 31 2017 Construction General Permit (CGP) 7.2.8 Staff Training. Include documentation that the required personnel were, or will be, trained in accordance with Part 6. 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 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 I, 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). 7.3 ON-SITE AVAILABILITY OF YOUR SWPPP 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). 59 For state UIC program contacts, refer to the following EPA website:,Ih..1....[1p5// .ep o / iic. Page 32 2017 Construction General Permit (CGP) 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 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. 7.4.2 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. 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. Page 33 2017 Construction General Permit (CGP) 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 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: 8.2.1 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 8.2.3 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. Page 34 2017 Construction General Permit (CGP) To access NeT, go to �,.�,.� s: . . in s sl irm ir,..... isc it s,..... ..............n s fir ..::�.JI...............I ..::::.:............... ..:t i.............li..Ji.................. ...............Jr...............p..............ir-,ii.n g. 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. 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-B 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„I ,,,, :// s.n . by using the One Stop Data Mapper at„I :_Ldes.nh. ov n st is.I�tm. If it is determined that the ,q..I......groundwater to be dewatered is near a remediation or other waste site you must Page 35 2017 Construction General Permit (CGP) apply for the Remediation General Permit (see . ... s: re i n1 n s r .h1m .) 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/I, respectively for turbidity. TSS (a.k.a. Residue, Nonfilterable) or turbidity sampling and analysis must be performed in accordance with Tables IB and lin 40 C F R 136.3 . .....1 ... . .......................................................®..............c�..:....ar..... c ii,.....-bin ,. ,.1,..... iD,....., c c 7 7 b fc7c it c,..........-�irue n .......,s .1 1 it n .I%.......................). 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 (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(e), including all land uses or activities considered to be a "High-load Area" (see Env-Wq 1502.26). For design considerations for infiltration measures see Volume II of the NH Stormwater Manual. 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 . ..:.r.:.r. : s.n it niz �ii n i itsi ns it mb s it irk c r s.h,.i.r ) 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:131 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). Page 36 2017 Construction General Permit (CGP) 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 9.2 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 1 1 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 permitee 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 the 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 with 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. 9.2.2 DER10F000 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. 9.3 EPA REGION 5 9.3.1 MNR101000 Indian country within the State of Minnesota 9.3.1.1 Fond du Lac Band of Lake Superior Chippewa. The following conditions apply only to discharges on the Fond du Lac Band of Lake Superior Chippewa Reservation: Page 37 2017 Construction General Permit (CGP) a. A copy of the Stormwater Pollution Prevention Plan (SWPPP) 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 SWPPP can be submitted electronically to i.ri.. ... ...............c�h a!r..............n_ii it D....., FZ.c ire or by hardcopy sent to: Fond du Lac Reservation Office of Water Protection 1720 Big Lake Road Cloquet, MN 55720 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 (NOI) and the Notice of Termination (NOT) must be sent to the Fond du Lac Office of Water Protection at the same time they are submitted to EPA. c. The turbidity limit shall NOT exceed 10% of natural background within the receiving water(s) as determined by Office of Water Protection staff. d. Turbidity sampling must take place within 24 hours of a '/2-inch or 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/Zone 15), 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 to any new discharge to Outstanding 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, Deadfish Lake, and Jaskari Lake are designated as ORRWs. 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 a manner as will prevent violations of water quality criteria as stated in the Water Quality Standards of the Fond du Lac 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 of the 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 (netting), primary contact recreation, secondary 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 Page 38 2017 Construction General Permit (CGP) 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 same 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. 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. Page 39 2017 Construction General Permit (CGP) 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. Operators are not eligible to obtain authorization under the CGP for all new discharges to an Outstanding Tribal Resource Water (or Tier 3 water).63 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.64 c. Projects utilizing cationic treatment chemicals65 within the Bad River Reservation boundaries are not eligible for coverage under the CGP.66 d. 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).67 e. 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.68 The antidegradation 61 Bad River Band of Lake Superior Tribe of Chippewa Indians Water Quality Standards adopted by Resolution No. 7-6-1 1-441 (hereafter,Tribe's WQS). 62 36 C.F.R. § 800.16(1)(2). 63 Tribe's WQS:See provisions E.3.ii. and E.4.iv. 64 Tribe's WQS:See provision E.2.iii. 65 See definition of cationic treatment chemicals in Appendix A of the CGP. 66 Tribe's WQS:See provisions E.6.ii.a.and E.6.ii.c. 67 See footnote 61. 68 Tribe's WQS:See provision E.2.ii. Page 40 2017 Construction General Permit (CGP) demonstration materials described in provision EA.iii. 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. 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).69 The antidegradation demonstration materials described in provision EA.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 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................................�:...................! ................ ... .............................ir,%.........................!r::::::.nsjn...... 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: Bad River Tribe's Natural Resources Department Attn: Water Resources Specialist P.O. Box 39 Odanah, WI 54861 69 Tribe's WQS:See provision E.2.i. 70 Tribe's WQS:See provision E.7.iii. 71 See footnote 61. 72 See footnote 62. Page 41 2017 Construction General Permit (CGP) 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 same time it is submitted to the U.S. EPA. j. The 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 same 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 9.3.2.2 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. A copy of the Stormwater Pollution Prevention Plan must be submitted to the following office, for the Traival environmental review process, at least thirty (30) days in advance of sending the Notice of Intent (NOI) to EPA: Lac du Flambeau Tribal Land Management 73 36 C.F.R. § 800.3(c)(4). 7436 C.F.R. § 800.3(b). 75 See footnote 61. 76 See footnote 61. 77 See footnote 61. Page 42 2017 Construction General Permit (CGP) P.O. Box 279 Lac du Flambeau, WI 54538 CGP applicants are encouraged to work with the LdF Water Resources Program in the identification of all proposed receiving waters. b. Copies of the NOI and the Notice of Termination (NOT) must be sent to the LdF Water Resources Program at the same time they are submitted to EPA. c. All work shall be carried out in such a manner as will 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 a condition in which visible solids, bottom deposits, or turbidity impairs the usefulness of water of the 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 or other 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 be 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 a point source discharge of pollutants (i.e., discharge) associated with the Stormwater Discharge will need a stormwater pollution 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 a. If construction dewatering activities are anticipated at a site, permittees must complete the following steps: i. Investigative information must be documented in the facility SWPPP. ii. Refer to the GWQB Mapper at„I ,,,, s: iis. . n .nm. AND the PSTB Mapper (Go Mapper) at„I „„ is. ! . n .nm. N 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 Potential Constituents likely to be Groundwater Contamination required for testing Within 0.5 mile of an open Leaking Underground BTEX (Benzene, Toluene, Storage Tank (LUST) site Ethylbenzene, and Xylene) plus additional parameters depending on site conditions. Page 43 2017 Construction General Permit (CGP) Project Location Relative to a Source of Potential Constituents likely to be Groundwater Contamination required for testing Within 0.5 mile of an open Voluntary All parameters listed in Remediation site Appendix A (or an alternate Within 0.5 mile of an open RCRA Corrective list approved by the NMED Action Site SWAB)** 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. iii. If dewatering activities are anticipated, information on flow and potential to encounter impacted groundwater must be provided directly to NMED at the following address: Program Manager, Point Source Regulation Section NMED Surface Water Quality Bureau PO Box 5469, Santa Fe, NM 87502 Information may also be emailed - the contact information for the program manager is located on the website at:www....................................................... i ................inir .......n v s iv. Permittee must test the quality of the water being considered for discharge. Permittees must contact the Point Source Regulation Section Program Manager for information on constituents that must be monitored. V. 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. vi. 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.) i. Although state WQS provide for temporary and short-term degradation of water quality in an ONRW under very limited circumstances if approved by the Water Quality Control Commission as specified at 20.6.4.8.A NMAC, the approval process required for these activities does not lend itself for use for projects covered under this general permit.This condition is necessary to ensure that no degradation is allowed in ONRWs by requiring proposed storm water discharges to be reviewed under the individual permit process. Tier 3 waters are defined in Appendix F of the proposed permit. Page 44 2017 Construction General Permit (CGP) 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: 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 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. i. 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. ii. 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. State regulations at 20.6.2.1203 NMAC state: With respect to any discharge from any facility of oil or other water contaminant, in such quantity as may with reasonable probability injure or be detrimental to human health, animal or plant life, or property, or unreasonably interfere with the public welfare or the use of property, the following notifications and corrective actions are required: i. As soon as possible after learning of such a discharge, but in no event more than twenty-four (24) hours thereafter, any person in charge of the facility shall orally notify the Chief of the Ground Water Quality Bureau of the department, or his counterpart in any constituent agency delegated responsibility for enforcement of these rules as to any facility subject to such delegation. 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. e. NMED does not allow permittees to use the Equivalent Analysis Waiver. 9.4.2 NMR101000 Indian country within the State of New Mexico.. except Navajo Reservation Lands that are covered under Arizona permit AZR100001 and Ute Mountain Reservation Lands that are covered under Colorado permit COR100001. Page 45 2017 Construction General Permit (CGP) 9.4.2.1 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 Division PO Box 1270 Isleta, NM 87022 (505) 869-7565 E-mail: P0136871 is ,.i pu b o.coi Overnight/Express Mail Delivery Pueblo of Isleta Environment Division 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 Public Services 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 ) 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 Page 46 2017 Construction General Permit (CGP) 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: P0136871@isle-ta I ueb o.c m (505) 869-7565 (505) 263-5425 cellular (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 be placed up- or down- elevation of a given construction site. CGP 2.2.1 1 at pg. 11. 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 I.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). 9.4.2.2 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: .. . ......._,min s n iia u .nsn.us Page 47 2017 Construction General Permit (CGP) 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 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: sbu Iiriins n ii u b .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 operator 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 of Santa Ana Water Quality Standards. Page 48 2017 Construction General Permit (CGP) b. The operator shall provide a copy of the Stormwater Pollution Prevention Plan (SWPPP), at the same time that an NOI is submitted to the EPA, to the Pueblo for projects with discharges onto the lands of the Pueblo as defined in the Pueblo of Santa Ana Water Quality Standards. c. The operator shall provide a copy of the SWPPP, copies of inspections reports, and copies of corrective action reports to the Pueblo at the address below for review, upon request. d. The NOI, SWPPP and Notice of Termination (NOT) shall be sent to the Pueblo at the following address: Pueblo of Santa Ana Department of Natural Resources, Attention: Water Quality Program Specialist 2 Dove Road Santa Ana Pueblo, NM, 87004 e. Discharges are not authorized by this permit 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 groundbreaking or construction delay. f. The operator will not proceed with site work until authorized by the Pueblo. The Pueblo requires review of the complete and final SWPPP by the Pueblo before authorization to proceed. The Pueblo will provide an "authorization to proceed" notice after review and approval of the SWPPP. g. 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. 9.4.2.5 Pueblo of Tesuque. The following conditions apply only to discharges on the Pueblo of Tesuque Reservation: a. The operator shall provide a copy of the Notice of Intent (NOI) to the Pueblo of Tesuque Governor's Office and Environment Department at same time it is submitted to the Environmental Protection Agency, for projects occurring within the exterior boundaries of our tribal lands.The operator shall also notify the Pueblo of Tesuque Governor's Office and Environment Department when it submitted the Notice of Termination.The NOI and NOT shall be sent to the Pueblo of Tesuque Governor's Office and Environment Department at the following address: Page 49 2017 Construction General Permit (CGP) Pueblo of Tesuque Office of the Governor Route 42 Box 360-T Santa Fe, NM 87506 or email:.. irin irk u ,.� su u . it b. The operator shall also provide a copy of the Stormwater Pollution Prevention Plan, copies of inspections reports, and copies of corrective action reports to staff in the Pueblo of Tesuque Environment Department. 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 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: Page 50 2017 Construction General Permit (CGP) 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: m. ar � ... . t. ............................. ...................i .. .. ................................................................... ... ............. 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(s) 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. 9.4.3 OKR101000 Indian country within the State of Oklahoma 9.4.3.1 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 same 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 ism c in nii n. it 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. 9.4.4 OKR10F000 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 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). a. 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 "ORW" 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 "ORW" 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. Page 51 2017 Construction General Permit (CGP) c. In order to company with Oklahoma's Water Quality Standards, these conditions and restrictions also apply to any construction projects located wholly or partially on Indian Country lands within the State of Oklahoma. 9.5 EPA REGION 8 9.5.1 MTR101000 Indian country within the State of Montana 9.5.1.1 The Confederated Salish and Kootenai Tribes of the Flathead Nation. The following conditions apply only to discharges on the Confederated Salish and Kootenai Tribes of the Flathead Nation Reservation: a. Permittees must submit the Stormwater Pollution Prevention Plan (SWPPP) to the Confederated Salish and Kootenai Tribes at least 30 days before construction starts. b. Before submitting the Notice of Termination (NOT), permittees must clearly demonstrate to an appointed Tribal staff person during an onsite inspection that requirements for site stabilization have been met. c. The permittee must send a copy of the Notice of Intent (NOI) and the NOT to CSKT. d. Permittees may submit their SWPPPs, NOls and NOTs electronically to:, ......%, ..-t-f................ ..I<--1:................! . e. Written SWPPPs, NOls and NOTs may be mailed to: Clint Folden, Water Quality Regulatory Specialist Confederated Salish and Kootenai Tribes Natural Resources Department P.O. Box 278 Pablo, MT 59855 9.6 EPA REGION 9 9.6.1 CAR101000 Indian country within the State of California 9.6.1.1 Twenty-Nine Palms Band of Mission Indians. The following conditions apply only to discharges on the Twenty-Nine Palms Band of Mission Indians Reservation: a. At the time the applicant submits its Notice of Intent (NOI) to the EPA, the applicant must concurrently submit written notification of the NOI 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 46-200 Harrison Place 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 Page 52 2017 Construction General Permit (CGP) 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 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 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 II, 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 Page 53 2017 Construction General Permit (CGP) 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 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 Antide_gradation 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: Page 54 2017 Construction General Permit (CGP) 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 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: ni- rin . .--l/in.: .. itI it r[ . .............................................................i ..............i .: ..l . .............. 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: s,.....d a.I.. 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 Page 55 2017 Construction General Permit (CGP) 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 and Address Phone Email State Office Number Boise 1445 N. 208-373-0550 .. ................�:.li....m. ..............!r.. .............arir .ii Orchard Rd., Boise 83706 Coeur d'Alene 2110 Ironwood 208-769-1422 Jun e. it uisl .ii . Parkway, Coeur D'Alene 83814 Idaho Falls 900 N. Skyline, 208-528-2650 Suite B., Idaho Falls 83402 Lewiston 1 1 18 "F" St., 208-799-4370 rk.s ,.I @d.............................. .iid . Lewiston 83501 Pocatello 444 Hospital 208-236-6160 ., nn. n it .i way, #300 Pocatello 83201 Twin Falls 650 Addison 208-736-2190 . ..................1--l. ..............................!r....bu. ..ii..............................it@............................. .ii I . v Ave., W., Suite 1 10, Twin Falls 83301 State Office 1410 N. Hilton 208-373-0502 . ..!.. ...................................................................1....�................!r...............................1.. .. . ............................... ®�� Rd., Boise 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. Page 56 2017 Construction General Permit (CGP) Results from the compliance point sampling or observation78 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). 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 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). Page 57 2017 Construction General Permit (CGP) 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 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 WAR10F000 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 Effluent Limit in 303(d) Listing Sampled • Turbidity Turbidity NTU SM2130 or EPA 25 NTUs at the point • Fine Sediment 180.1 where the stormwater is • Phosphorus discharged from the site. High pH pH Su pH meter In the range of 6.5-8.5 Page 58 2017 Construction General Permit (CGP) 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. 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 9.7.4.1 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. Page 59 2017 Construction General Permit (CGP) 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. 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 same 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. Page 60 2017 Construction General Permit (CGP) f. Each operator shall submit a signed hard copy of the Notice of Termination (NOT) to the Lummi Water Resources Division at the same 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. 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 AD .............n......�.�..................i 1 ..............!r..................I ..................:................ .... ................im PO Box 115 Neah Bay WA 98357 9.7.4.4 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. Page 61 2017 Construction General Permit (CGP) c. Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered by the general permit to Char Naylor (. .. ...............!r„®„irk. ...., r u a u lrii .c m) and Russ Ladley . it , m......... u u trii .c m 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 (ir, , u u firilb .c ire) and Char Naylor (. . .............ir®! r@ u u trii .c r ) 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. 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 SA. (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. Page 62 2017 Construction General Permit (CGP) 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 (509)626-4409 Crossley@spokanetribe.com .................................................................. 9.7.4.E 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 (http://www.codepublishinq.com/WA/Tulalip/?Tulalip02/Tulalip0205.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 Page 63 2017 Construction General Permit (CGP) Appendix A - Definitions and Acronyms 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 Page A-1 of 13 2017 Construction General Permit (CGP) 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 C F R 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; Page A-2 of 13 2017 Construction General Permit (CGP) • 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. Page A-3 of 13 2017 Construction General Permit (CGP) "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.cpc.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. Page A-4 of 13 2017 Construction General Permit (CGP) "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. Page A-5 of 13 2017 Construction General Permit (CGP) "Indian Country" or "Indian Country Lands" -defined at 40 CFR §122.2 as: 1. 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 Page A-6 of 13 2017 Construction General Permit (CGP) 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. Page A-7 of 13 2017 Construction General Permit (CGP) "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 (e.g. in most cases this is the owner of the site); 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;in most cases this is the general contractor of the project). 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 polyacrylamide (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; Page A-8 of 13 2017 Construction General Permit (CGP) 4. Soaps or solvents used in vehicle and equipment washing; 5. Toxic or hazardous substances from a spill or other release; and 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. Any operators that are contributing stormwater from their construction activities to a shared control are considered to rely upon a shared control. "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. Page A-9 of 13 2017 Construction General Permit (CGP) "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. "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. Page A-10 of 13 2017 Construction General Permit (CGP) "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 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. Page A-1 1 of 13 2017 Construction General Permit (CGP) 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 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 FR- 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 SDS-Safety Data Sheet SHPO-State Historic Preservation Office SPCC-Spill Prevention Control and Countermeasure SWPPP-Stormwater Pollution Prevention Plan THPO-Tribal Historic Preservation Office Page A-12 of 13 2017 Construction General Permit (CGP) 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-13 of 13 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 RIR110000 Indian country within the State of Rhode Island VTR10F000 Areas in the State of Vermont subject to construction by a Federal Operator O1 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 (CGP) EPA Region 2 Address: For Puerto Rico: U.S. EPA Region 2 Caribbean Environmental Protection Division NPDES Stormwater Program City View Plaza II -Suite 7000 48 Rd. 165 Km 1.2 Guaynabo, PR 00968-8069 For New York: U.S. EPA Region 2 NPDES Stormwater Program 290 Broadway, 24th Floor New York, NY 10007-1866 B.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 DCR100000 District of Columbia DER10F000 Areas in the State of Delaware subject to construction by a Federal Operator VAR101000 Indian country within the State of Virginia 03R101000 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 NPDES permitting authority to obtain coverage under a state-issued NPDES permit. EPA Region 3 Address: U.S. EPA Region 3 Office of NPDES Permits and Enforcement NPDES Permits Branch, Mailcode 3WP41 1650 Arch Street Philadelphia, PA 19103 B.4 EPA Region 4 The permit offers coverage for stormwater discharges from construction activity from the following areas in EPA Region 4: Permit No. Areas of Coverage/Where EPA is Permitting Authority ALR101000 Indian country within the State of Alabama FLR101000 Indian country within the State of Florida MSR101000 Indian country within the State of Mississippi NCR101000 Indian country within the State of North Carolina RE4101000 Indian country within any other Region 4 State (except Catawba lands in South Carolina) 04R101000 All areas of Indian country not identified above that are not already covered by an EPA-approved permitting program Page B-2 of 6 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 MIR101000 Indian country within the State of Michigan MNR101000 Indian country within the State of Minnesota WIR101000 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 WN 16J 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 NMR101000 Indian country within the State of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZR 100001 and Ute Mountain Reservation Lands that are covered under Colorado permit CO 100001. OKR101000 Indian country within the State of Oklahoma OKR10F000 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 IAR101000 Indian country within the State of Iowa KSR101000 Indian country within the State of Kansas NER101000 Indian country within the State of Nebraska, except Pine Ridge Reservation lands (see Region 8) 07R101000 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 1 1201 Renner Blvd Lenexa, KS 66219 B.8 EPA Region 8 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 COR10F000 Areas in the State of Colorado, except those located on Indian country, subject to construction activity by a Federal Operator COR101000 Indian country within the State of Colorado, as well as the portion of the Ute Mountain Reservation located in New Mexico MTR101000 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 SDR 100001 listed below) SDR101000 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 NDR100001 listed above) UTR101000 Indian country within the State of Utah, except Goshute and Navajo Reservation lands (see Region 9) WYR101000 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 80202-1129 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 NVR100001 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 B.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. 1 151 within the State of Alaska AKR10F000 Denali National Park and Preserve IDR100000 State of Idaho, except Indian country IDR101000 Indian country within the State of Idaho, except Duck Valley Reservation lands (see Region 9) ORR101000 Indian country within the State of Oregon, except Fort McDermitt Reservation lands (see Region 9) WAR10F000 Areas in the State of Washington, except those located on Indian country, subject to construction activity by a Federal Operator WAR101000 Indian country within the State of Washington 01OR101000 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 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. C.1 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.gov/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 (https://www.epa.gov/sites/production/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) (https://www.epa.gov/npdes/stormwater-discharges-construction- activities#ereportinq), 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. C.4 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 D.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. Page D-2 of 8 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 II. 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. 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 office(s) providing permit(s), any tracking numbers of identifiers associated with that consultation (e.g., I PaC 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. Page D-3 of 8 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 (http://www.nmfs.noaa.gov/pr/species/esa/) and critical habitat (http://www.nmfs.noaa.gov/pr/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.areateratlantic.fisheries.noaa.gov/protected/index.html. Page D-4 of 8 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 http://ecos.fws.gov/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 Page D-5 of 8 2017 Construction General Permit (CGP) 0 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. Page D-6 of 8 2017 Construction General Permit (CGP) 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 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 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 Page D-7 of 8 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 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. • 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.gov 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. Page D-8 of 8 2017 Construction General Permit (CGP) 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 not constitute separate Federal undertakings, particular state 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. Page E-1 of 4 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. Page E-2 of 4 2017 Construction General Permit (CGP) Ste 4: If you are installing any stormwater controls that require subsurface earth disturbance and you have not satisfied the conditions in Steps 1 - 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. Ste 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 Page E-3 of 4 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 ACH P,will evaluate any such request and notify you if any additional measures to address adverse effects to historic properties are necessary. Page E-4 of 4 2017 Construction General Permit (CGP) 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.gov/eea/agencies/massdep/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 https://www.epa.gov/npdes/contact-us-stormwater#regional. See also: https://www.epa.gov/wgs-tech/water-quality-standards-regulations-new- N H R 100000 h a m ps h i re 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.epa.gov/npdes/contact-us- stormwater#regional.See: https://www.epa.gov/sites/production/files/2014-12/documents/stregis-tribe.pdf Outstanding Resource Waters. Those waters designated as such by the Tribe. The Waters that may be considered for designation as Outstanding NYR 101000 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 https://www.epa.gov/npdes/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 https://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 PRR 100000 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.epa.gov/npdes/contact-us- stormwater#re___regional.Tier 2.5 waters are identified and listed in the District of Columbia Water Quality Standards. See: httl2s://www.el2a.gov/wqs-tech/water-quality-standards-regulations-washington- D C R 100000 d o 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.epa.gov/npdes/contact-us- FLR 101000 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: https://www.epa.gov/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 1/4 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 https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/sites/prod uction/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/wqs-tech/water-quality-standards-regulations-fond-du-lac- band-minnesota-chippewa-tribe 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 MNRI 01000 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) OTWR-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 https://www.epa.gov/npdes/contact-us-stormwater#regional. See: httl2s://www.el2a.gov/wqs-tech/water-quality-standards-regulations-grand- portage-band-minnesota-Chippewa-tribe OTWR-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). OTWR-Prohibited: "The portion of Lake Superior north of latitude 47 degrees, 57 minutes, 13 seconds, east of Hat Point, south of the Tier 3 Minnesota-Ontario an boundary, and west of the Minnesota-Michigan g 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: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-bad-river- band-lake-superior-chippewa-tribe WI R 101000 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.epa.gov/wgs-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 Is 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, T401\15R), Wishow Lake, Wyandock Lake. Tier 3 Outstanding Tribal Resource Waters: Bear River (1 st 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 https://www.epa.gov/wgs-tech/water-guality-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/swgb/StormWater/index.html. See httl2s://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 (NM) (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#re__regional.See also: https://www.epa.gov/wgs-tech/water-guality-standards-regulations-ohkay- owingeh-pueblo-formerly-pueblo-san-juan Pueblo of Acoma (NM) New dischargers and new sources should contact EPA Region 6's stormwater coordinator found at httl2s://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.el2a.gov/wgs-tech/water-guality-standards-regulations-pueblo- acoma Pueblo of Isleta (NM) New dischargers and new sources should contact EPA Region 6's stormwater NMR 101000 coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wgs-tech/water-guality-standards-regulations-pueblo-isleta Pueblo of Nambe (NM) New dischargers and new sources should contact EPA Region 6's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wgs-tech/water-guality-standards-regulations-pueblo- nambe Pueblo of Picuris (NM) New dischargers and new sources should contact EPA Region 6's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re___regional.Tier 2, 2.5, and 3 classifications are included in the Pueblo of Picuris Water Quality Standards.See: https://www.epa.gov/wgs-tech/water-guality-standards-regulations-pueblo- icuris Page F-7 of 14 2017 Construction General Permit (CGP) Permit Number Areas of Coverage/Where EPA Is Permitting Authority Pueblo of Pojoaque (NM) 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/wgs-tech/water-quality-standards-regulations-pueblo- pgjoague Pueblo of Sandia (NM) New dischargers and new sources should contact EPA Region 6's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wgs-tech/water-quality-standards-regulations-pueblo- sandia Pueblo of Santa Ana (NM) New dischargers and new sources should contact EPA Region 6's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re___regional.See also: https://www.epa.gov/wgs-tech/water-quality-standards-regulations-pueblo- santa-ana Pueblo of Santa Clara (NM) 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/wgs-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.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wgs-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 https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wgs-tech/water-quality-standards-regulations-pueblo- tesugue Ute Mountain Ute Tribe Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier CORI 01000 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 https://www.epa.gov/npdes/contact-us- stormwater#re__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/npdes/contact-us-stormwater#regional. See also: https://www.epa.gov/wgs-tech/water-guality-standards-req- bes-fort-peck-i nd is n 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 MTR 101000 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 https://www.epa.gov/npdes/contact-us-stormwater#regional. See also: https://www.epa.gov/wqs-tech/water-quality-standards-regulations- confederated-saIish-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.epa.gov/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wgs-tech/water-guality-standards-req- eye n n e-tribe-north ern-c h eye n n e-reserva ti o n 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 https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wqs-tech/water-quality-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 https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-hualapai- tri be 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, NM.. UT) New dischargers and new sources should contact EPA Region 9's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wqs-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 https://www.epa._gov/npdes/contact- us-stormwater#re__icy onal. See also: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-white- mountain-apache-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 Lake. Big Pine Band of Owens Valley(CA) New dischargers and new sources should contact EPA Region 9'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-big-pine- paiute-tribe-owens-valley Hoopa Valley Tribe (CA) New dischargers and new sources should contact EPA Region 9'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-hoopa-valley- tri be 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 https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-bishop- paiute-tribe Twenty-Nine Palms (CA) New dischargers and new sources should contact EPA Region 9'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-twenty-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 GURI 00000 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 Johnston Atoll JAR 100000 New dischargers and new sources should contact EPA Region 9's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re__regional Commonwealth of the Northern Mariana Islands New dischargers and new sources should contact EPA Region 9's stormwater MPR 100000 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 Midway Island and Wake Island MWR100000 New dischargers and new sources should contact EPA Region 9's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#regional_ Pyramid Lake Paiute (NV) New dischargers and new sources should contact EPA Region 9's stormwater NVR 100001 coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#regional.See also: https://www.epa.gov/wgs-tech/water-quality-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#regional.See also: IDR100000 https://www.epa.gov/wgs-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.deg.idaho.gov/water-quality/surface-water/monitoring 3 assessment/integrated-report/ and the closest regional office of the Idaho Department of Environmental Quality: http://www.deq.idaho.aov/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 I DR 101000 dischargers and new sources should contact EPA Region 10's stormwater coordinator found at https://www.epa.aov/npdes/contact-us-stormwater#region_ al.See also: https://www.epa.gov/wgs-tech/water-quality-standards-regulations-coeur- dalene-tribe-indians Page F-12 of 14 2017 Construction General Permit (CGP) Permit Number Areas of Coverage/Where EPA Is Permitting Authority Confederated Tribes of the Warm Springs Reservation (OR) 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-reaulations- O R R 101000 confed era ted-tribes-warm-springs-indian-reservation Confederated Tribes of Umatilla (OR) New dischargers and new sources should contact EPA Region 10's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wqs-tech/water-quality-standards-regulations- confederated-tribes-Umatilla-indian-reservation-oregon Confederated Tribes of the Chehalis Reservation (WA) Tier 2 waters are identified on a parameter-by-parameter basis. There is not a Tier 2.5 classification identified in the Confederated Tribes of the Chehalis Reservation Water Quality Standards. New dischargers and new sources should contact EPA Region 10's stormwater coordinator found at https://www.epa.qov/npdes/contact-us-stormwater#re v/npdes/contact-us-stormwater#regional. https://www.epa.gov/wqs-tech/water-quality-standards-regulations- confederated-tribes-chehalis-reservation Confederated Tribes of the Colville Reservation (WA) EPA established federal water quality standards for the Confederated Tribes of the Colville Reservation at 40 CFR 131.35. See: https://www.epa.gov/wqs-tech/water-quality-standards-reaulations- confederated-tri bes-colville-reservation Kalispell Indian Community(WA) WAR101000 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-kalispel- indian-community-kalispel-reservation Lummi Tribe (WA) New dischargers and new sources should contact EPA Region 10's stormwater coordinator found at https://www.epa.gov/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-lummi-nation Makah Indian Nation (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-makah- indian-nation Page F-13 of 14 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/wgs-tech/water-guality-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/npdes/contact-us- stormwater#re__regional.See also: https://www.epa.gov/wgs-tech/water-guality-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#re___regional.See also: https://www.epa.gov/wgs-tech/water-guality-standards-regulations-spokane- tribe-indians Page F-14 of 14 2017 Construction | Permit Appendix G— Buffe. Requiremmoen-m The purpose of this appendix is |o assist you incomplying with the requirements inPart 2.2.1of 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 G.2 Compliance Alternatives and Exceptions...........................................................................................2 G.2.1 Compliance Alternatives..............................................................................................................2 G.2.2 Exceptions hothe Compliance Alternatives .............................................................................3 G.2.3 Requirements for Providing and Maintaining Natural Buffers................................................4 [;.2.4 Guidance for Providing the Equivalent Sediment Reduction as a 50-foot Buffer.............7 G.3 Small Residential Lot Compliance Alternatives................................................................................ll G.3.1 3rnoU Residential Lot Compliance Alternative BkgibUdv------------------.l l G.3.2 Small Residential Lot Compliance Alternatives......................................................................ll 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. er of h Area of Earth DisuIrbance, i s o r r u II ''Ni 171��uriu 11(purl l f i I i u j j I / orl Vv r VYJ n„ i` 4; 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) It Water of the U.S. PON toll....... Ordinary ... .............. ............ O�nary highwrtarmark 6ighwamrmark ............... Figure G-2 Buffer measurement from the ordinary high water mark of the wafer 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 o(bank/Wu1f/dill 777 Water of the US. 1/000000 Figure G3 Buffer measurement from the edge of the bank, bluff, or cliff, whichever is applicable. Limits to Disturbance Within the Buller 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://plants.usda.gov/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)Er ...................................... 'quire b ,at d amiaf,a�m re ed to 0 0 0 � Wate'rof the,U.S,.,, prrovide,the,equtvallenutseidll ment redvtfionia,us the_504bout,II 0foeor. Disstharges through this,area are not required be,treated tio ioiiiiiiiiiii provide the equiva,lent Sedlment redu,,.,cti,),,on,)as the,5046ot buffer since,the 504dot,buffer,is provided. 41 Area,of 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 50- feet. Steps to help you meet compliance alternative 2 and 3 requirements are provided below. Step I - 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 I of this Appendix, Tables G-8 through G-1 5. Note: buffer performance values in Tables G-8 through G-1 5 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: 0 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 I 00-foot long denuded slopes. 9 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). 9 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. 0 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 11 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: 1. 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 2.2.1.a 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 Re uirements2 Detain 5040"Jot Buffer Retain 5'0 and O 0'of Buffer Retain<_ o bot 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 http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx. 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 Moderate Moderate Moderate American Samoa Moderate Moderate Moderate Moderate High Massachusetts and New Moderate Moderate Hampshire Idaho New Mexico Washington D.C. Moderate 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 Hampshire Moderate Moderate p Moderate High Idaho New Mexico 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 Average 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 Hugh Moderate Moderate High Virgin Islands Moderate Moderate Moderate Moderate High American Samoa H igh H igh High High High Massachusetts and New H m hir Moderate Moderate Moderate Moderate High a ps e Idaho New Mexico 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 H igh H igh High High Virgin Islands Moderate High Moderate High High American Samoa High High High High High Massachusetts and New H m hir Moderate Moderate Moderate Moderate High. a ps e Idaho New Mexico Moderate 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 Average Slopes of> 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 H igh 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 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 level", 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 of a small residential lot that falls into the "moderate"risk level, and you decide to retain a 20-foot buffer, using Table G-7 you 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 Re uirements2 l M1 , 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 G-15 of 21 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, Lemongrass) 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(Le., 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 59 *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 Switchgrass, 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 Switchgrass, 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 Virg! 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 Switchgrass, Lemongrass) Dense Grass 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.gov) 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, 000{000io i// r„ i r ✓ i i i rill rersion DI on Average, 83 feet Dike moi is i i r, / i , 1 / a / i r i r i r 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. 1 Awe.S acres draining to buner areas Silt Fence 1 Fiber Doll Barrier ,y /// 28-ft Vegetated Buffer Concrete Walkway o= / 1 f, PYY I J y 1: / / / / / IJ I / / r I / ( r I , / r II 1 , I / I I I II L�it I , K I , rY I r , �h I / y I I r/ i wll I li r r r i r i r , I r ,t i I / yY I ,r r .L 11 1 r , II /v I �L Q / 4., / / ,1 , II, G /„III I ,I Y „II I I J III / I , I. Y i I r ,/ / I r / / I II I r, / r r / / / / / r I / 1 / / / I / f /I / / s Y Y r r ,n 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, 24-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://hdsc.nws.noaa.gov/hdsc/pfds/index.html or the appropriate NOAA's Atlas 14 Volume at http://www.nws.noaa.gov/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.gov/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/Technical Paper No40.pdf. (See also attached map of TP-40) Page H-2 of 4 Chart 44 I.Rr - PwarMt' - — -_.yr --.. 4' 92 CD tv { f 3.5 k � � } GJ k f , i Pp 3 c t I 4 f p € i ' � O i R � t t c U La j rt1 k y (� a "` _ -- *Lotxs lgQAL Airs&TRe}mmom l^J VJ 2017 Construction General Permit (CGP) rI", , „e,, l ... .....��. ". ..�,: �.. 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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.]3514-13517) 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 Page 1-1 of 8 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, or405 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. Page 1-2 of 8 2017 Construction General Permit (CGP) 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. Page 1-3 of 8 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. 1.1 1.1.2 For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or 1.11.1.3 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 1.1 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 I, Subsection Page 1-4 of 8 2017 Construction General Permit (CGP) 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 1.1 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). Page 1-5 of 8 2017 Construction General Permit (CGP) 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 1.1 1.1 and 1.11.2. 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.-govznational- poll utant-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 I, 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 Page 1-6 of 8 2017 Construction General Permit (CGP) 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 I, 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). Page 1-7 of 8 2017 Construction General Permit (CGP) 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. Page 1-8 of 8 2017 Construction General Permit (CGP) 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 Aw. EPA WASHINGTON,DC 20460 OMB No.2040-0004 3510-9 ICY 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 I I I Date approval obtained: / d *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): Ll Master Permit Number: (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 I I I I I I I I 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 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: ZIP Code: - County or Similar Government Division: I I I I I I I I I I I I I I I I Phone: - U - Ext. E-mail: Operator Point of Contact Information: First Name,Middle Initial,Last Name: Title: I I I I I I I I I I I I I I I I I I I I I I NOI Preparer(Complete if NOI was prepared by someone other than the certifier): First Name,Middle Initial,Last Name: Organization: Phone: - - Ext. E-mail: EPA Form 3510-9 Page 1 of 8 IV.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 I I I I City: I I I I � � I � � � I � I � � I � � I � � � I I � I Ll Stater ZIP Code: - County or Similar Government Subdivision: 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 ❑GPS ❑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: / d Estimated Project Completion Date: Estimated Area to be Disturbed (to the nearest quarter acre): 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 3O3(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 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 on the water)or as a Tier 3 water (Outstanding National Resource Water)? (See Appendix F). ❑YES ❑NO If yes,name(s)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, Middle Initial Last Name: Professional Title: Phone: � - � - Ext. E-mail: EPA Form 3510-9 Page 4 of 9 VIII. 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 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.) 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 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 desi nc� ated 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 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.] ❑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 agencieLs)involved,the field office/regional officeLs)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. 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 officeLs)providing permit),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,have 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.Certification 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. First Name,Middle Initial,Last Name: Title: I I I I I I I I I I I I I I I I I I I I I I Signature: Date: Email: 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 httl2s://www.el2a.gov/npdes/stormwater-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 sNOI Processing Center and if so,provide the name of the Indian tribe associated with the at (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.https://www.epa.gov/npdes/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 II.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 for the list of eligible master permit numbers) Indicate whether earth-disturbing activities have already 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.exist within 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 worked with in the basis statement of this NOI. of Tier 2,2.5,and 3 waters is provided as Appendix F.If the answer Section IX.Historic Preservation is "yes", name all waters designated as Tier 2,Tier 2.5, or Tier 3 to 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 or sole 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,or other public 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: Public reporting burden for this NOI is estimated to average 3.7 Stormwater Notice Processing Center 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 https://www.epa.aov/npdes/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 NPDES UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Form FORM ' '' WASHINGTON,DC 20460 Approved. 3510-13 1QFEPA NOTICE OF TERMINATION(NOT)FOR THE 2017 NPDES CONSTRUCTION GENERAL PERMIT OMB No. 2040-0004 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*2❑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 Date approval obtained: / d *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: 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 all 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 I I I I I I Mailing Address: Street: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII City: IIIIIIIIIIIIIIIIIIIIIIIIIII State: W ZIP Code: - County or Similar Government Division: I I I I I I I I I I I I I I I I Phone: � - �J - Ext. E-mail: Ll 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 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 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 ZIP Code: - County or Similar Government Division: HHHI HIIHIH 111-1 EPA Form 3510-13 Page 2 of 4 V.Certification 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 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: Title: I I I I I I I I I I I I I I I I I I I I I I Signature: Date: 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 Type or print, using uppercase letters, in the appropriate areas accordance with corporate procedures. 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 For a 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 https://www.epa.aov/npdes/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 You must indicate whether you have been granted a waiver from Include the name, title, and email address of the person signing 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 Seehttps://www.epa.gov/npdes/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 Section IV.Project/Site Information Mail Code 4203M,ATTN:2017 CGP Enter the official or legal name and complete street address, U.S.EPA1200 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 C G P 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 httl2s://www.epa.gov/npdes/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 2012 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 E PA SUGGESTED 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 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)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 I I Mailing Address: Street: 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 ZIP Code: - Phone: I I I J - I I I J - Ext. E-mail: I I I I I I I I I I I I I I I I I I I I I I II.Project/Site Information Project/Site Name: I I I I 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 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 ZIP Code: - SimilarCounty or Government Subdivision: I I I I I I I I I I Site contact name(if I I I I I I I I I I I I I I I I I I I I I I different from operator): Site contact phone(if different from operator): 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): -All receiving waterbodies -All 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 1 of 3 IV.Responsible Personnel Treatment System Operator or Company I I I I I I I I I I I I I I I I I I I I I I Name(if subcontracted out): ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Street/Location: 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 Zip Code: - 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 systems)and use of the specific chemicals)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 chemical(s)demonstrate the ability to remove turbidity and produce non-toxic effluent/discharge) Check proposed cationic chemical(s)to be used: ❑ FlocClear m(2%chitosan acetate solution) ❑ StormKlearTm LiquiFlocTM(I%chitosan acetate solution). ❑ ChitoVanTM(1%chitosan acetate solution). ❑ StormKlearTm LiquiFlocTM(3%Chitosan acetate solution) ❑ Other Estimated Treatment Period Start Date: / / Estimated Treatment Period End Date: Describe sampling and recordkeeping schedule.Attach additional sheets as needed: 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 2of3 VI.Certification Information 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 are 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 designation(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). 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, Middle Initial,Last Name: Title: I I I I I I I I I I I I I I I I I I I I I I Signature: Date: Email: Instructions for Submitting This Form: Submit your this form to your applicable EPA Regional Office.Contact information can be found at: https://www.epa.gov/npdes/contact-us-stormwater#regional Page 3of3 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix C-Copy of NOI and EPA Authorization email INSERT COPY OF NOI AND EPA'S AUTHORIZATION EMAIL PROVIDING COVERAGE UNDER THE CGP EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix D-Copy of Inspection Form INSERT COPY OF ANY INSPECTION FORMS YOU WILL USE TO PREPARE INSPECTION REPORTS (Note: EPA has developed a sample inspection form that CGP operators can use. The form is available at https://www.epa.aov/npdes/stormwater-discharges-construction- activities#resources) EPA SWPPP Template, Version 2.1 General]nf orrn�idn Inspector Name,Title& Contact Information Present Phase of Construction Inspection Location Inspection Frequency(Note:you may be subject to different inspection frequencies in different areas of the site. Check all that apply.) Standard Frequency: ❑ Weekly ❑ Every 14 days and within 24 hours of a 0.25" rain Increased Frequency: ❑ Every 7 days and within 24 hours of a 0.25" rain (for areas of sites discharging to sediment or nutrient-impaired waters or to waters designated as Tier 2,Tier 2.5, or Tier 3) Reduced Frequency: - ❑ Once per month (for stabilized areas) - ❑ Once per month and within 24 hours of a 0.25" rain (for arid,semi-arid,or drought-stricken areas during seasonally dry periods or during drought) - ❑ Once per month (for frozen conditions where earth-disturbing activities are being conducted) Was this inspection triggered by a 0.25" storm event? ❑ Yes ❑ No If yes, how did you determined whether a 0.25"storm event has occurred? ❑ Rain gauge on site ❑ Weather station representative of site.Specify weather station source: Total rainfall amount that triggered the inspection: Unsafe Conditions for Inspection Did you determine that any portion of your site was unsafe for inspection per CGP Part 4.1.5? ❑ Yes ❑ No If"yes",complete the following: - Describe the conditions that prevented you from conducting the inspection in this location: - Location where conditions were found: Condition and Effectiveness of Erosion pnd Sediment(E&S)Controls(CGP,Part 2.1) Type/Location of US Control Repairs or Corrective Date on Which Notes [add add'I rows if applicable] Other Action Maintenance or Maintenance Required?* Corrective Action First Needed?* Identified? 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 b. ❑Yes ❑No ❑Yes ❑No 7. ❑Yes ❑No ❑Yes ❑No 8. OYes ONo OYes ❑No 9. ❑Yes ❑No ❑Yes ❑No 10. ❑Yes ❑No ❑Yes ❑No *Note:The permit differentiates between conditions requiring repairs and maintenance, and those requiring corrective action.The permit requires maintenance in order to keep controls in effective operating condition and requires repairs if controls are not operating as intended. Corrective actions are triggered only for specific, more serious conditions,which include: 1) A required stormwater control was never installed,was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3;2) You become aware that the stormwater controls you have installed and are maintaining are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1;3) One of the prohibited discharges in Part 2.3.1 is occurring or has occurred;or 4) EPA requires corrective actions as a result of a permit violation found during an inspection carried out under Part 4.2. If a condition on your site requires a corrective action, you must also fill out a corrective action form found at www.epa.gov/npdes/stormwater/swppp.See Part 5 of the permit for more information. Condition and Effectiveness of Pollution Prevention(F2) Practices CGP Part,2 Type/Location of P2 Practices Repairs or Corrective Date on Which Notes [insert additional rows if Other Action Maintenance or applicable] Maintenance Required? Corrective Action Needed? First Identified? 1. ❑Yes ❑No ❑Yes ❑No 2. ❑Yes ❑No ❑Yes ❑No 3. ❑Yes El No ❑Yes ❑No 4. ❑Yes El No ❑Yes ❑No 5. ❑Yes ❑No ❑Yes ❑No 6. ❑Yes ❑No ❑Yes ❑No 7. ❑Yes El No ❑Yes ❑No 8. ❑Yes ❑No ❑Yes ❑No 9. ❑Yes ❑No ❑Yes ❑No 10. ❑Yes ❑No ❑Yes ❑No *Note:The permit differentiates between conditions requiring repairs and maintenance, and those requiring corrective action.The permit requires maintenance in order to keep controls in effective operating condition and requires repairs if controls are not operating as intended. Corrective actions are triggered only for specific, more serious conditions,which include: 1) A required stormwater control was never installed,was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3;2) You become aware that the stormwater controls you have installed and are maintaining are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1;3) One of the prohibited discharges in Part 2.3.1 is occurring or has occurred;or 4) EPA requires corrective actions as a result of a permit violation found during an inspection carried out under Part 4.2. If a condition on your site requires a corrective action, you must also fill out a corrective action form found at www.epa.aov/npdes/stormwater/swppp.See Part 5 of the permit for more information. Stobilization of Exposed Soii,, CGP Part 21 , Stabilization Area Stabilization Method Have You Initiated Notes [insert additional rows if applicable] Stabilization? 1. ❑YES [Enter date] ❑ NO 2. ❑ YES [Enter date] ❑ NO 3. ❑ YES [Enter date] ❑ NO 4. E:1 YES [Enter date] ❑ NO 5. ❑ YES [Enter date] ❑ NO Description of Discharges CGP Part 4.' . . . Was a stormwater discharge or other discharge occurring from any part of your site at the time of the inspection? ❑ Yes ❑ No If"yes", provide the following information for each point of discharge: Discharge Location Observations [insert additional discharge locations if applicable] 1. Describe the discharge: At points of discharge and the channels and banks of surface waters in the immediate vicinity, are there any visible signs of erosion and/or sediment accumulation that can be attributed to your discharge? ❑ Yes ❑ No If yes, describe what you see, specify the location(s) where these conditions were found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue: 1. Describe the discharge: At points of discharge and the channels and banks of surface waters in the immediate vicinity, are there any visible signs of erosion and/or sediment accumulation that can be attributed to your discharge? ❑ Yes ❑ No If yes, describe what you see,specify the location(s) where these conditions were found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue: Contractor, r Subcontractor Certifcati n,and,,Si nature "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." Signature of Contractor or Subcontractor: Date: Printed Name and Affiliation: Certification and ign,ature by,Fermittee "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." Signature of Permittee or "Duly Authorized Representative": Date: Printed Name and Affiliation: Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix E-Copy of Corrective Action Form INSERT COPY OF CORRECTIVE ACTION FORMS YOU WILL USE (Note: EPA has developed a sample corrective action form that CGP operators can use. The form is available at https://www.epa.aov/npdes/stormwater-discharges-construction- activities#resources) EPA SWPPP Template, Version 2.1 Section A-Initial Report(CGP Part 5.4.1) (Complete this section within 24..haurs of'discov' ering the condition that tri '' Bred corrective action Name of Project CGP Tracking No. Today's Date Date Problem First Discovered Time Problem First Discovered Name and Contact Information of Individual Completing this Form What site conditions triggered the requirement to conduct corrective action (check the box that applies): ❑ A required stormwater control was never installed,was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3 ❑ The stormwater controls that have been installed and maintained are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1 of the permit ❑ A Part 2.3.1 prohibited discharge has occurred or is occurring ❑ EPA requires corrective action as a result of permit violations found during an EPA inspection carried out under Part 4.2 Provide a description of the problem: Deadline for completing corrective action (Enter date that is either: (1) no more than 7 calendar days after the date you discovered the problem, or(2) if it is infeasible to complete work within the first 7 days, enter the date that is as soon as practicable following the 7th day): If your estimated date of completion falls after the 7-day deadline,explain (1)why you believe it is infeasible to complete work within 7 days, and (2)why the date you have established for making the new or modified stormwater control operational is the soonest practicable timeframe: Section B-Corrective Action Progress(CGP Fart .4.2) (Corn' lete Phis section no lat r.than 7 calendar,da s after discoverina the,condifio,n',thaf,'tri ggered corrective action Section 13.1-INhy,the Pr©ble`m Occurred Cause(s)of Problem How This Was Determined and the Date You Determined (Add an additional sheet if necessary) the Cause 1. 1. 2. 2. Section 2-Sto'rmwaf r Control.Modifications to be Implemented to Correct the.Problem List of Stormwater Control Modification(s) Date of SWPPP Update Notes Needed to Correct Problem Completion Necessary? Add an additional sheet if necessary 1. E]Yes ❑No If yes, provide date SWPPP modified: 2. ❑Yes ❑No If yes, provide date SWPPP modified: Section C- rtificat can and c na'tur ( P Part .4. ), Section C:l -Certification and Signature by Contractor ,ar Subcontractor "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." Signature of Contractor or Subcontractor: Date: Printed Name and Affiliation: Scotian C;2-Certification and igriature',by,P rmitt e "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." Signature of Permittee or "Duly Authorized Representative": Date: Printed Name and Affiliation: Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix F-Sample SWPPP Amendment Log Instructions (see CGP Part 7.4): - Create a log here of changes and updates to the SWPPP. You may use the table below to track these modifications. - SWPPP modifications are required pursuant to CGP Part 7.4.1 in the following circumstances: ✓ 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; ✓ To reflect areas on your site map where operational control has been transferred (and the date of transfer) since initiating permit coverage; ✓ If inspections or investigations determine that SWPPP modifications are necessary for compliance with this permit; ✓ Where EPA determines it is necessary to install and/or implement additional controls at your site in order to meet requirements of the permit; and - To reflect any revisions to applicable federal, state, tribal, or local requirements that affect the stormwater control measures implemented at the site. - 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. No. Description of the Amendment Date of Amendment Prepared by Amendment [Names and Title] INSERT DATE INSERT DATE INSERT DATE INSERT DATE INSERT DATE INSERT DATE INSERT DATE INSERT DATE EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix G-Subcontractor Certifications/Agreements SUBCONTRACTOR CERTIFICATION STORMWATER POLLUTION PREVENTION PLAN Project Number: A&M Project #2351-02 Project Title: 1429 Osgood Street Operator(s): Oliver Enterprises, Inc. As a subcontractor, you are required to comply with the Stormwater Pollution Prevention Plan (SWPPP) for any work that you perform on-site. Any person or group who violates any condition of the SWPPP may be subject to substantial penalties or loss of contract. You are encouraged to advise each of your employees working on this project of the requirements of the SWPPP. A copy of the SWPPP is available for your review at the office trailer. Each subcontractor engaged in activities at the construction site that could impact stormwater must be identified and sign the following certification statement: certify under the penalty of law that I have read and understand the terms and conditions of the SWPPP for the above designated project and agree to follow the practices described in the SWPPP. This certification is hereby signed in reference to the above named project: Company: Address: Telephone Number: Type of construction service to be provided: Signature: Title: Date: EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix H -Sample Grading and Stabilization Activities Log Date Description of Grading Activity Description of Stabilization Measure Date Grading Date When Grading and Location Activity Ceased Stabilization Activity (Indicate Measures Initiated Temporary or Initiated Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent INSERT DATE INSERT DATE INSERT DATE ❑ Temporary ❑ Permanent EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) ABM Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix I-Sample SWPPP Training Log Stormwater Pollution Prevention Training Log Project Name: Project Location: Instructor's Name(s): Instructor's Title(s): Course Location: Date: Course Length (hours): Stormwater Training Topic: (check as appropriate) ❑ Sediment and Erosion Controls ❑ Emergency Procedures ❑ Stabilization Controls ❑ Inspections/Corrective Actions ❑ Pollution Prevention Measures Specific Training Objective: Attendee Roster: (attach additional pages as necessary) No. Name of Attendee Company 1 2 3 4 5 6 7 8 EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix J -Delegation of Authority Form Delegation of Authority I, Jeff Oliver (name), hereby designate the person or specifically described position below to be a duly authorized representative for the purpose of overseeing compliance with environmental requirements, including the Construction General Permit (CGP), at the 1429 Osgood Street construction site. The designee is authorized to sign any reports, stormwater pollution prevention plans and all other documents required by the permit. Project Superintendent (name of person or position) Oliver Enterprises, Inc. (company) 5 Hancock Street (address) Woburn, MA 01801 (city, state, zip) (781)938-9213 (phone) By signing this authorization, I confirm that I meet the requirements to make such a designation as set forth in Appendix I of EPA's CGP, and that the designee above meets the definition of a "duly authorized representative" as set forth in Appendix I. 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. Name: Jeff Oliver Company: Oliver Enterprises, Inc. Title: Owner Signature: Date: EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix K- Endangered Species Documentation INSERT DOCUMENTATION CONSISTENT WITH SWPPP TEMPLATE SECTION 3.1 AND CGP APPENDIX D EPA SWPPP Template, Version 2.1 OLIVER MassGISS's OnfineNlapping Tool OLIVER Updates m-Y _ t e � Clhec.iaJ{ Umh k aJk emave art !�—�Massachus 7s'f NHESP Estimate H bibals of Ra-e%Mfldif .NHESa Pricr-.aMass f Rare Spec e& M,B,_MaSSDOT Routes Interstate HighwaVs US Roads N State 13 �I14,,assachucs-e Towns s id \\ ul f e NH:ESP Dior:Y Habitats of Rare Spebesz mom n�Y v = 4 e, z . \` Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix L-Historic Properties Documentation INSERT DOCUMENTATION CONSISTENT WITH SWPPP TEMPLATE SECTION 3.2 AND CGP APPENDIX E EPA SWPPP Template, Version 2.1 a A Ak AL massachusetts Cultural Resour ce I nf o r afio n S"te M A C R - MACRIS Search Results Search Criteria: Town(s):North Andover; Street Name:Osgood; Resource Type(s):Area,Building, Burial Ground,Object,Structure; Property Name Z NAD.15 Hay Scales Building,Old Andover St North Andover 1818 NAD.924 North Andover Soldiers and Sailors Monument Main St North Andover 1913 NAD.9 38 Osgood St North Andover c 1840 NAD.10 46 Osgood St North Andover c 1800 NAD.11 58 Osgood St North Andover r 1835 NAD.55 Gile,William House 80 Osgood St North Andover r 1835 NAD.155 100 Osgood St North Andover NAD.156 110 Osgood St North Andover NAD.117 Carriage House 117 Osgood St North Andover c 1900 NAD.158 117 Osgood St North Andover NAD.157 120 Osgood St North Andover NAD.146 129-131 Osgood St North Andover NAD.30 Phillips New Store 139 Osgood St North Andover r 1820 NAD.29 Phillips Manse 168 Osgood St North Andover 1752 NAD.28 Barnard, Parson House 179 Osgood St North Andover c 1715 NAD.116 Barnard, Parson Barn 179 Osgood St North Andover r 1800 NAD.109 Osgood,Samuel House 440 Osgood St North Andover 1740 NAD.56 Osgood,Clayton Barn 547 Osgood St North Andover c 1850 NAD.287 Osgood,Col.John House 547 Osgood St North Andover c 1720 NAD.82 Curwen,George House 676 Osgood St North Andover c 1887 NAD.337 Osgood Hill-Stevens,Moses Tyler House 723 Osgood St North Andover r 1885 NAD.338 Osgood Hill-Stevens,Moses Tyler Stable 723 Osgood St North Andover r 1885 NAD.339 Osgood Hill-Stevens,Moses Tyler Carriage 723 Osgood St North Andover r 1885 House NAD.340 Osgood Hill-Stevens,Moses Tyler Gardners 723 Osgood St North Andover r 1885 House NAD.341 Osgood Hill-Stevens,Moses Tyler Gatehouse 723 Osgood St North Andover r 1885 Thursday,May 10,2018 Page 1 of 2 Property Name Z NAD.913 Osgood Hill-Stevens,Moses Tyler Swimming 723 Osgood St North Andover c 1970 Pool NAD.914 Osgood Hill-Stevens,Moses Tyler Ball Court 723 Osgood St North Andover c 1970 NAD.915 Osgood Hill-Stevens,Moses Tyler Parking Lot 723 Osgood St North Andover c 1960 NAD.916 Osgood Hill-Stevens,Moses Tyler Tennis Court 723 Osgood St North Andover c 1960 NAD.74 Osgood,Dr.Joseph House 814 Osgood St North Andover c 1755 Thursday,May 10,2018 Page 2 of 2 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Appendix M- Rainfall Gauge Recording Use the table below to record the rainfall gauge readings at the beginning and end of each work day. An example table follows. Month/Year Month/Year Month/Year Day Start time End time Day Start time End time Day Start time End time 1 1 1 2 2 2 3 3 3 4 4 4 5 5 5 6 6 6 7 7 7 8 8 8 9 9 9 10 10 10 11 11 11 12 12 12 13 13 13 14 14 14 15 15 15 16 16 16 17 17 17 18 18 18 19 19 19 20 20 20 21 21 21 22 22 22 23 23 23 24 24 24 25 25 25 26 26 26 27 27 27 28 28 28 29 29 29 30 30 30 31 31 31 EPA SWPPP Template, Version 2.1 Stormwater Pollution Prevention Plan (SWPPP) A&M Project No. 2351-02 1429 Osgood Street, North Andover, MA Example Rainfall Gauge Recording April 2017 May 2017 June 2017 Day 7:00 am 4:400 pm Day 7:00 am 4:00 pm Day 7:00 am 4:00 pm 1 -- -- 1 0.2 0 1 0 0.4 2 -- -- 2 0 0 2 0 0 3 0 0 3 0.1 0.3 3 -- -- 4 0 0.3 4 0 0 4 -- -- 5 0 0 5 0 0 5 0 0 In this example (for only partial months), 0.25-inch rainfall inspections would have been conducted on April 4 and June 1. EPA SWPPP Template, Version 2.1