The URL can be used to link to this page

64-501 - 1 DOVE AVE AND 24 OLD ROAD - CONSERVATION COMMISSION I � xscv� ?� �— .� r -1-,.,.-� �� S � � .� _1 PATROWICZ RECEIVEOrRANSMITTAL LAND DEVELOPMENT ENGINEERING 14 BROWN STREET JAN 26 2012 DATE � ) Zy. ,� JOB NO pg.'Z SALEM, MA 01970 DEPT.OF PLANNING& TEL.(978 836-6400 FAX 978)745 PROJECT NAME ( �Ah4tINITY DEVELOPM T E-mail: scott.patrowicz@verizon.net s PA-1 C.Id.rl TO S._W t'`%.%1 C br1�i - Oe-19c l�o�ft r�.s� - S FV4 WL (2-J. fw n- TRANSMITTING: ;6 Attached A Regular Mail ❑Overnight Express ❑ Hand Delivered ❑ Picked Up ❑ Plans/Prints ❑Original Mylar ❑Computer Disk ❑Specifications ❑Calculations ❑ Letter ❑ Report -Pn=ftf. 4Z14 ��l o� J r'+A COPIES DATE DESCRIPTION u Hof OF �c C�M�"%."o "u-C -- - - S' rL.cYA.,ti -er%M J- &06-r� --- __-_ __ _ old 3 0 2 5� �•�g 5 o THESE ARE TRANSMITTED as checked below: ❑ For Approval )f For Your Use ;(As Requested ❑ For Review And Comment ❑ ❑ For Bids Due: Cl Please call me to discuss. ❑ REMARKS ......_...._.. _._.. ---- __.._.-- - COPY TOE - Z COPY TO_ _. COPYTO SIGNED Scott Patrowicz, P.E. I/enclosures are not as noted, kindly notify us at once. REORDERFROM.BRADY RVSINESS FORMS LOWELL•MA•1 EBB E02�057S ,' ,mac III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII 201Z01240024746k;31028 P9;507 3 CO MPLI011241 P9 1/2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-501 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Shaughnessy-Kaplan Hospital only the tab key Name to move your 1 Dove Avenue cursor-do not Mailing Address use the return key. Salem MA 01970 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Shaughnessy-Kaplan Hospital re Name 7/22/2010 64-501 Dated DEP File Number 3. The project site is located at: 1 Dove Avenue and 24 Old Road Salem Street Address City/Town 24 216, 221 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 29656 200 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/26/2011 Date vryafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-501 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the / above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: 15 �._ 1-17-1a Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See/ http://www.mass.gov/dep/abouUregion/findyour.htm). i Signatures: pp I I C wpafrmBb.doc•rev.12123/09 WPA Form BB,Certificate of Compliance-Page 2 of 3 a : o r• 1y yv Essex Southern District Registry of Deeds 45 Congress Street Suite 4100 Salem, MA 01970 01/24/2012 11:43 AM Station: ESSX-REC07 Operator: mconnelly Time:11:43 Type: COMPLI Loc: SALEM Inst 247 BK 31028-507 FEE 55.00 ENV FEE 20.00 Check 8314 PATROWICZ 75.00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-501 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:----------—------------------- --------- - - ---- -- -------- - - -------- Salem _ Conservation Commission Please be advised that the Certificate of Compliance for the project at: I o oy st--l"J h ri . Project Location It DEP File Number Has been recorded at the Registry of Deeds of: County for: S1 Alli6 Property Owner . and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: Z-4 7 If registered land, the d e t number which identifies this transaction is: Document Number Signature of Applicant wpafrm pdoc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 i a PATROWICZ LAND DEVELOPMENT ENGINEERING September 26, 2011 City of Salem Conservation Commission City Hall 120 Washington Street Salem, MA 01970 RE: Request for Certificate of Compliance Sewer Repair Project 1 Dove Avenue and 24 Old Road, Salem, MA Assessor's Map 24, Lots 216 &221 (respectfully) DEP File number 064-0501 PLDE # 09-25 Dear Commission Members: On behalf of The Shaughnessy-Kaplan Hospital, I respectfully request that you review the attached request for Certificate of Compliance application (WPA form 8a) in compliance with the Massachusetts Wetlands Protection Act. I inspected the site with Mr. Devine on 9/231 1. 1 hereby certify that the sewer repair (by-pass line) project performed in substantial compliance with the approved permit: Order of Conditions issued on 7/22/10 and recorded at the Essex County Registry of Deeds: Book 29656, Page 200. Attached is an As-Built Site Plan dated 9/20/1 1 for your review. Thank you for taking this matter under consideration. If you have any questions, please do not hesitate to call me. Sincerely, PATROWI LAND DEVELOPMENT ENGINEERING Scott Potrowicz, P.E. cc. Ron Foreman (Shaughnessy-Kaplan) w/attachments cc. Shelly Bisegna (Salem Hospital) w/ attachments 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance 064-0501 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the Shaughessy-Kaplan Hospital computer, use Name only the tab key to move 1 Dove Avenue your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code �V Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: ' Shaughessy-Kaplan Hospital Applicant 7/22/10 064-0501 Dated DEP File Number Upon completion J P of the work I The project site is located at: authorized in 1 Dove Avenue and 24 Old Road Salem an Order of Street Address Cityrrown Conditions,the 24 216&221 (respectively) property owner ( P y) must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of Compliance 4. The final Order of Conditions was recorded at the Registry ry of De eds for: from the issuing authority stating Property Owner(if different) that the work or portion of the Essex 29656 200 work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpafrn ftd c--rev.7/13104 Page 1 d 2 r Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance 064-0501 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and des r' i what deviation, if any, exists from the plans approved in the Order. tH or M4S`r9 ❑ No p= SCOTT I c5c Z PATROWICZ m g C m O � , No 36 6 B. Submittal Requirements Wto Requests for Certificates of Compliance should be duing authority that issued the final Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office(see http://www.mass.gov/dep/abouVregion/f(ndyour.htm). w afo.8adc••rev 7113104 Page 2 of 2 Wetlands & Land Management, Inc. 100 Confer Hal Drive-#516 Danvers,MA 01923 978-777-0004 Telephone 978-539-0005 FAX December 8, 2011 Scott Patrowicz, P.E. Patrowicz Land Development Engineering 14 Brown Street Salem, MA 01970 RE: Shrub Installation at the sewer repair site at Shaughnessy-Kaplan Center DEN 64-501 Dear Mr. Patrowicz: Pursuant to my letter to Tom Devine, Salem Conservation Commission agent, dated October 27,2011, I have coordinated the installation of additional shrub plantings between and around the existing sugar maples that were previously planted for mitigation of lost trees during the sewer repair project. There are 12 new shrubs planted including 2 each of pepperbush, black chokeberry, gray dogwood and witch hazel and 4 shadbush shrubs. The total number of new shrubs is 12 and these were planted between each of the 5 sugar maples. I have included photographs of the installed shrubs. The five sugar maples, coupled with the installation of 12 additional shrubs certainly mitigates for the loss of 5 cherry trees during the sewer installation. Please call if you have any questions. Sincerely, Wetlands&Land Management, Inc. William Manuell William J. Manuell Wetland Scientist - t 1 �, „ K 5 f � � L� 1 e _ i.' , P nPicture Shrub�installation1 Hospital < �va .��;e�,;,��r slaw 'Mi �m��-d�^'," R�� p�l. �. .. p a .E✓,is \ dt ° !III ` 9� Picture, Second view of installed shrubs at Salem Hospital �CONUfT,(� 3r ; CITY OF SALEM - CONSERVATION COMMISSION January 17, 2012 Scott Patrowicz 14 Brown St. Salem, MA 01970 Re: Certificate of Compliance DEP #64-501— Shaughnessy-Kaplan Hospital Dear Mr. Patrowicz: Enclosed, please find the Certificate of Compliance for the above referenced property. This Document must be recorded at the Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: h WPA Form 8B — Certificate of Compliance 64-501 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided byDEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Shaughnessy-Kaplan_ Hospital only the tab key Name to move your 1 Dove Avenue cursor-do not use the return Mailing Address key. Salem MA 01970 City/rown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Shaughnessy-Kaplan Hospital Name 7/22/2010 64-501 Dated DEP File Number 3. The project site is located at: 1 Dove Avenue and 24 Old Road Salem Street Address Cityfrown 24 216, 221 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 29656 200 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/26/2011 Date wpafrm8b.doc•rev.12/23/09 WPA Form i Certificate of Compliance•Page I of 3 0 Wetlands & Land Mannement, Inc. pp 100ConiferHinDiive-#516 01923 R E C EIVUt Telephone 978-539-0005 FAX NOV 0 7 2011 October 27, 2011 DEFT,OF PLANNING& Tom Devine CON{ UNITY DEVELO,'MENT Conservation Agent Department of Planning and Community Development 120 Washington Street Salem, MA 01970 RE: Tree planting at Shaugnessy-Kaplan Hospital DEP #64-501 Dear Mr. Devine and Conservation Commission Members: The applicant requested that I evaluate the status of five particular trees which were installed as mitigation pursuant to special condition 43 of the order of conditions. This condition in particular specified that five mature cherry trees were to be installed in the vicinity of five cherry trees which were lost during the sewer installation. The order of conditions was not specific about what species of cherry should be planted. No one on the project team could tell me what species of cherry trees were lost. Based on my work at the site, I assume that black cherries were lost. Other species of cherries such as fire cherry, pin cherry or aggressive choke cherries are found in Essex County, but each of those is more likely to be a shrub or sapling. Presently, I noted five sugar maples were installed in the mitigation area. All five of the trees were roughly a 2-inch caliper tree, roughly ten feet in height. All of the trees appeared healthy after the transplanting. Both sugar maples and black cherries are native to Essex County. Both grow to a similar height at maturity—60 to 70 feet tall. Both species will provide a wildlife habitat value by providing similar upper canopy nesting habitat at maturity. Both provide a food source for birds or small mammals. Black cherries can provide a seasonal soft mast crop of berries. Sugar maples provide a seasonal seed supply from the samaras (the little "helicopters"that fall from all maple trees.) Neither tree is particularly susceptible to disease although the native black cherries in this area tend to be slow growers and have a stunted and contorted appearance. I rarely see a mature black cherry in Essex County over 12 inches in diameter. Both trees are a facultative upland species and will be found in similar hydro-regimes. I find that either.tree is suitable for this area and provides similar height, canopy coverage, wildlife food and nesting value. What I did note is the shrub layer has been removed. Having flagged the wetlands in that area I can attest to the fact that the site was one of the most difficult sites to maneuver through because of the thick undergrowth. I have no doubt the shrub layer will re- vegetate itself thickly and vigorously. Notwithstanding, the area could benefit immediately by the additional installation of some additional native shrubs that will produce a bevy, thus providing a similar habitat value food replacement for the lost cherries. I suggest adding two small size shrubs between and around each of the maple trees. I suggest any combination of witch hazel, American hazelnut, gray dogwood, black chokeberry, low bush blueberry, or any other native shrub that is rated facultative or dryer. Planting in the next several weeks is still acceptable so long as the ground is not frozen. Availability of any particular species may be an issue at this late date in the season; hence I provided several acceptable species as opposed to one or two. Smaller plants such as 18-24 inch size are preferable as opposed to larger size shrubs. The smaller shrubs tend to be more easily transplanted and adapted to a new environment and tend to grow more vigorously and require less care than the larger specimens. After our telephone discussion, I agree, the applicant should have contacted the Commission prior to planting the substitute trees. However, now that trees (of similar value) have in fact been planted, and with the proposed 8 shrubs adding habitat value and stabilizing cover to the buffer zone, I suggest that the existing trees and proposed additional plantings will have met the intent of the mitigation effort and is substantially similar to the requirements of the order of conditions. I respectfully suggest it is appropriate for the Commission to issue the Certificate of Compliance for the sewer re- location project. Thank you for your consideration of this matter. Sincerely, Wetlands& Land Management, Inc. William I Manuell Wetland Scientist IIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllll ET 2010080400180 tk:29656 Pg:200 08/04/2010 11:27.CONDN Pa 1/16 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town A. General Information Important: Salem When filling i. From: out forms Conservation Commission on the 2. This issuance is for computer, (check one): a. ®Order of Conditions b.❑Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do Ron Freeman not use the a.First Name return key. b. Last Name Shaughnessy-Kaplan Hospital m c.Organization 1 Dove Avenue d.Mailing Address ,o Salem Massachusetts 01970 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Organization d.Mailing Address e.City/rown f.State g.Zip Code 5. Project Location: 1 Dove Avenue and 24 Old Road Salem a.Street Address b.City/rown Map 24 Lot 216 &221 (respectively) c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 70 d 54" m 6.41'W s 42 d 30" m 35.44'N s d.Latitude e.Longitude -Pe--15.doo• rev.12/23W Pagel of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 WPA Form 5 - Order of Conditions MossDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town A. General Information Important. Salem When filling 1. From: Conservation Commission out forms on the z. This issuance is for computer, (check one): a. ®Order of Conditions b.❑Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do Ron Freeman not use the a.First Name b.Last Name returnrn—key. Shaughnessy-Kaplan Hospital .1f II c.Organization �_/Illm�l I 1 Dove Avenue d.Mailing Address Salem Massachusetts 01970 e.Cityrrown L State _ g.Zip Code 4. Property Owner(if different from applicant): a. First Name b. Last Name c.Organization d.Mailing Address e.Ciry/Town f.State g.Zip Code 5. Project Location: 1 Dove Avenue and 24 Old Road Salem a.Street Address b. City?own Map 24 Lot 216 &221 (respectively) c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 70 d 54" m 6.41'W s 42 d 30" m 35.44'N s d. Latitude e. Longitude wpaforrr5,dm• rev.12/23U9 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands a64-501 WPA Form 5 - Order of Conditions MassDEP File k �1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If SALEM Cityrrown A. General Information (cont.) e. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate Number(if registered land) 14401_(Hospital), 1850 (City of Salem) 47 (Hospital), 447(City of Salem) c.Book d.Page July 10, 2010 July 22, 2010 July 22, 2010 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Sewer Repair Site Plan for Shaughnessy-Kaplan Hospital, 1 Dove Ave&24 Old Rd a.Plan Title Patrowicz Land Development Engineering Scott Ian Patrowicz b.Prepared By c.Signed and Stamped by July 14, 2010 1" =20' d.Final Revision Date e.Scale I.Additional Plan or Document Title g.Date B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries I. Wi Protection of Wildlife g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpafofmidoc• rev.12@3109 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 WPA Form 5 - Order of Conditions MassDEP File ( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction N SALEM Cityrrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet.is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. [0 Buffer Zone Impacts: Shortest distance between limit of project a. linear feet disturbance and Bank or Bordering Vegetated Wetland boundary (if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet to.square feet c.square feet d.square feet 6. ❑ Land Under WaterbodleS and a. b.square feet square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet I.cubic feet g.cubic feet h..cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet I.cubic feet wpaform5.dcc•rev.12/23,09 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM Cityrrown B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement g. ❑ Riverfront Area a.total sq.feet b.total sq feet d.square feet e.square feet f.square feet Sq ft within 100 ft c.square feet Sq ft between 100- 200 It g.square feet h.square feet i.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1t. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment ❑ Coastal Dunes cu yd cu yd 14' a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 13. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet. c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject�to Coastal Storm a.square feet b.square feet Flowage wpatarm5.dc• rev.12I2NO9 Page 4 o112 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands k64-501 ✓, WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM Cityrown B. Findings cont. 9 (cont.) 22, ❑ Restoration/Enhancement: a.square feet of BVW b.square feet of salt marsh 23. ❑ Stream C.rossing(s): a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority-at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 7/22/2013 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.dw• rev.I 2909 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 WPA Form 5 - Order of Conditions MassDEP Filek Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction N SALEM Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"for, "MassDEP") "File Number #64-501 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form SA)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpaform5,dm• rev.12/23/09 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 I— MassDEP File N WPA Form 5 - Order of Conditions ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction k SALEM City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion,problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1)0 is not(2)0 subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices. (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpalonS.0oc• rev.12r23/09 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.12/23109 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-501 r WPA Form 5 - Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as'defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld: . Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): SEE ATTACHED SPECIAL CONDITIONS wpaform5 dgc• rev,12/23/09 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands k64-501 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The SALEM hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1.Municipal Ordinance or Bylaw 2.Citation a. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): wpalorm5.doc• rev.12/23109 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 964-501 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town E. Signatures This Order is valid for three years,unless otherwise specified as a special July 22 2010 condition pursuant to General Conditions#4,from the date of issuance. 1.Date o Issuance Please indicate the number of members who will sign this form. This Order must a majority of the Conservation Commiss*d . 2.Nu of Signers The Order m t be mailed by rtified mail(return receipt requested) 'r and delivered t he pplicant.A copy also m at be mailed or nd delivered at the same time to the a car priate p rt ent Environment Protection R Tonal Office, if not filing electronically,a d he ope o er if different from applicant. Signatures: e<rt ❑ by hand delivery on ❑ by certified mail, return receipt requested, on _ _.— Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. vryalcrm5.dap• rev.12MM Page 11 M 12 Massachusetts Department of Environmental Protection Provided by MassOEP: \ Bureau of Resource Protection - Wetlands #64-501 WPA Form 5 - Order of Conditions MassDEP File If Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Salem Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 1 Dove Avenue and 24 Old Road #64-501 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant - wpaform5.aoa• rev.12/2909 Page 12 of 12 ✓" Attachment to Order of Conditions # 64-501 1ti Page 1'of 5 SALEM CONSERVATION COMMISSION DEP FILE #64-501 1 Dove Avenue (Shaughnessy-Kaplan Hospital) City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage & Endangered Species Program (NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act, M.G.L.Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 -34-13. This Order permits the capping and abandonment of an existing sewer line, installation of approximately 411 linear feet of by-pass sewer line(8-inch PVC SDR35),and four(4)sewer manholes. Thirty (30) Rosa Rugosa, seven (7) Honey Locus Trees, and five (5) Cherry Trees (pursuant to Condition #43) shall be planted after the sewer line is installed. The approved work will occur entirely in the buffer zone to a Bordering Vegetated Wetland. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 5 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site, a DEP Sign showing DEP File#64-501 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Attachment to Order of Conditions # 64-501 Page 2of 5 Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term "Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to obtain all other applicable federal, state and local regulatory permits and approvals associated with this project. These regulatory permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), United States Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3).Sewer Extension Permit from the DEP Division of Water Pollution Control under MGL. Ch. 21 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. II. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during any point in construction, if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Sewer Repair Site Plan for Shaughnessy-Kaplan Hospital, I Dove Ave& 24 Old Road (Title) July 14,2010 (Dated) Scott Ian Patrowicz(Patrowicz Land Development Engineering) (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the Attachment to Order of Conditions # 64-501 Page 3'of 5 change(s) is substantial enough to require tiling a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection,Northeast Regional Office. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued, the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work,and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Agent at (978)619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. 19. Prior to the Pre-Construction Meeting and commencement of any activity on this site,sedimentation and erosion control measures must be installed as shown on the approval plan(s)and detail drawings. The Conservation Agent shall inspect and approve such installation at the Pre-Construction Meeting. 20. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the Pre-Construction Meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the Pre- Construction Meeting if absolutely necessary in order to install erosion control measures where required. 21. There shall be at least twenty (20) hay bales and wooden stakes stored under cover on the site to be used for emergency erosion control purposes. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed, 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas, All discharge from de-watering activities shall be filtered Attachment to Order of Conditions # 64-501 a Page 4of S through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Agent. 27. Within thirty(30)days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2) months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent sods from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from storrnwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic.lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including, but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form (WPA Form 8A or other form if required by the Conservation Commission at the time of request). Attachment to Order of Conditions # 64-501 �401) Page 5of 5 (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures" include, but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work" includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in lace and properly functioning until all exposed soils have been P P P Y g P stabilized with final vegetative cover and the Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 43. Applicant shall install five(5)Cherry Trees in the vicinity of the five(5)mature trees that need to be removed to facilitate the installation of the by-pass sewer line. The exact location of the new trees shall be determined by the Conservation Agent and/or the Commission at the Pre-Construction Meeting. 44. Construction vehicles shall only enter and exit from Dove Avenue, not to and from Old Road. SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI, JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER 978-741-4683 July 22, 2010 David Knowlton, P.E. City of Salem Engineering Department 120 Washington Street Salem, Massachusetts 01970 Re: 1 Dove Avenue and 24 Old Road Dear Mr. Knowlton: Enclosed please find a letter from Shaughnessy-Kaplan Rehabilitation Hospital, together with a Waste Management Maintenance and Operation Plan, in connection with the sewer project at the above referenced property. If you have any questions, please do not hesitate to contact me. S cerely, L-' d 0seph C. Correnti JCCAI Enclosures cc: Frank Taormina, Salem Conservation Commission RECEIVED JUl 2 2 2010 DEPT.. OF PLANNING& COMMUNITY DEVELOPMENT SHAUGHNESSY KAPLAN REHABILITATION HOSPITAL Dove Avenue Tel: 978-745-9003 Salem,Massachusetts 01970 www.skrh.org July 20,2010 David Knowlton,P.E. City of Salem Engineering Department 120 Washington Street Salem,Massachusetts 01970 RE: 1 Dove Avenue and 24 Old Road Dear Mr.Knowlton: This letter will confirm our understanding and agreement regarding the sewer repair project (the "Project')for the Shaughnessy-Kaplan Rehabilitation Hospital("SKRH")at 1 Dove Avenue and 24 Old Road, as shown on the plan entitled "Sewer Repair Site Plan for Shaughnessy-Kaplan Rehabilitation Hospital at 91 Dove Ave. (SKRH) & #24 Old Rd. (City)", dated July 6, 2010, Revised (per City Engineer)July 14,2010,prepared by Patrowicz Land Development Engineering(the"Plan"). SKRH is proposing a new private sewer connection that will run along the edge of the wetlands and fie into the City of Salem tmnk sewer line, all as shown on the attached Plan. SKRH agrees that the sewer pipe connections from its building to the trunk sewer lime will be considered a private sewer despite running through City owned parcels, and the installation and future maintenance and repair will be the responsibility of SKRH. Additionally, please find attached a "Waste Management Maintenance and Operation Plan", which addresses, among other things, the prohibition of certain materials from the sewer line that could cause blockage or back-up in the system. We thank you for your cooperation and assistance, and look forward to working with the City on this Project. Sincerely, Maureen Banks President Shaughnessy-Kaplan Rehabilitation Hospital cc: Salem Conservation Commission S H A U G H N E S S Y K A P L A N R e h a b i l i t a t i on Hospital Administrative Policy Manual Date This Issue: 12/09 Date Previous Issue: 1/07 Reviewed by: President/CEO Policy: Sewer System Management Scope: Hospital-wide. 1. PURPOSE AND GOALS This document has been developed to implement and comply with a Sewer System Management Plan (S SMP)which will properly manage,operate,and maintain all parts of the sewer system to ensure reliable service;reduce and prevent sewer system overflow(SSO);and to mitigate any SSOs that do occur. 2. SEWER SYSTEM DESCRIPTION The SKRH sanitary sewer system serves the entire campus including the main hospital and the outpatient clinic.The sanitary sewer system at SKRH has been in use since 1975 and comprises of several miles of collection pipe ranging in various inches in diameter.The sewer system consists of a combination of vitrified clay,cast iron pipe. Sanitary sewage is collected from campus buildings that house administration,patient rooms,and clinics.The system ultimately feeds to the City of Salem wastewater treatment plant. 3. OPERATION AND MAINTENANCE PROGRAM In order to reduce and prevent SSOs the SSW establishes both measures and activities to facilitate the proper management,operation,and maintenance of all parts of the sanitary sewer system.Measures and activities include maintaining system maps,scheduling routine maintenance,identifying and addressing system deficiencies,providing public education,fiscal resources,training and education of staff. 4. WASTEWATER WORKING GROUP(WWG) SKRH has created a W WG consisting of representatives from key departments and facilities to facilitate the implementation,monitoring,and updating of the SSMP.Members of the W WG include the following departments: •Facilities Management •Housekeeping Management • Security Management •Administration The W WG will be responsible for measures and activities such as: Providing staff for any emergency during normal operating hours and"On Call Plumber"for off hours. SHAU0HNESSY - KAPLAN Re h a b i l it at i on H o s p it a l Administrative Policy Manual Educating all SKRH on a annual basis on appropriate as well as banned substances for disposal in the sewer system. Maintaining a service agreement contract for outside contractors to perform maintenance on the sewer system.The service agreement contract stipulates that contractor's staff must be properly trained. Facilities Management within the W WG is responsible for the maintenance of the sewer system.This is done through scheduled regular maintenance and action as such as cleaning of the collection system including manholes.These inspections target all manholes on a bi-annual schedule.In addition,overall system lines greater than 6 inches in diameter are inspected using video technology.The frequency of these inspections will vary depending on the line.They will be inspected no less frequently than annually. I S. SANITARY SEWER OVERFLOW(SSO) Overflows may be detected and reported in several ways: 1.By FM personnel during daily routines-FM personnel who discover a potential overflow during their daily operations are responsible for immediately notifying the proper supervisor and taking appropriate action. 2.By the public-Members of the community who observe a sanitary sewer overflow and call the Hospital. In the event of an SSO,facilities management is responsible for: a)Acting as first responder; b)Providing and coordinating the operational aspects of the emergency in order to control and mitigate the overflow; c)Establishing preventive measures in order to minimize future accidental releases. Security is responsible for site security,traffic,and crowd control measures on as a needed basis. The first responder will: 1.Assess the failure of equipment or overflow release; 2.Report any possible overflow or hazardous condition to his or her supervisor for additional help with manpower and reporting; 3.Call for assistance(if needed)including additional personnel,materials,supplies,and equipment.If the spill is larger then they can adequately respond to,an outside contractor will be called; 4.Use appropriate Personal Protective Equipment; 5.Use appropriate safety precautionary measures. 6. OVERFLOW CORRECTION,CONTAINMENT,AND CLEAN-UP Blocked sewers,pipe failures,or mechanical malfunctions can cause SSOs.The following are specific actions to be performed by the response crews during an SSO. S H A U G H N E S S Y - K A P L A N R e h a b i l i t a t i o n Hospital Administrative Policv Manual • Stop the overflow; • If necessary,call Security to secure the affected area and post warning signs. Security has barricades,cones, and fencing available to secure the site; • Contain the wastewater discharged to the maximum extent possible by utilizing spill containment devices; • Determine the location and cause of the overflow; • hnplement appropriate corrective actions.This may include the use of vacuum trucks, emergency pumps,stand-by force main,emergency generators,mechanical snake equipment, and hydrojet equipment. 7. REGULATORY NOTIFICATION PROCEDURES If a SSO occurred,it is required that certain regulatory agencies be contacted.The following reporting criteria explain when notifications should be sent,and the various forms that are required.Regulatory notification procedures are administered by the Director of Facilities. PATROWICZ LAND DEVELOPMENT ENGINEERING July 6, 2010 City of Salem Conservation Commission 120 Washington Street- Third Floor Salem, MA 01970 RE: Notice of Intent Application Sewer Repair One Dove Avenue, Salem, MA Assessor's Map 24, Lots 216 and 221 PLDE#09-25SKRH Dear Commission Members: On behalf of the Shaughnessy-Kaplan Rehabilitation Hospital (applicant), I respectfully request that you review the attached Notice of Intent(NOI) application in compliance with the Massachusetts Wetlands Protection Act and Salem Wetlands Protection Ordinance. The applicant is proposing to repair an existing sewer line as shown on the attached Site Plan. The scope of work will include the following: (1) Install a silt fence barrier(approximately 460 LF) that will serve as a limit of work line, (2) Install four sewer manholes and approximately 411 LF sewer by-pass line (8-inch PVC SDR35), (3) Install 30 shrubs and 7 trees per MassDEP#64-481 after the sewer by-pass line has been installed. The proposed work is within the 100-foot buffer zone. No work is proposed within any wetland resource area. The limit of work line is approximately 10-feet from the flagged and surveyed Bordering Vegetated Wetlands. I respectfully submit seven (7) copies and one (1) original of the Notice of Intent application to include the following: •NOI Application (WPA Form 3), •List of abutters and map (prepared by City of Salem Assessors), •Form entitled: Notification to Abutters under Massachusetts Wetlands Protection Act and City of Salem Wetlands Protection Ordinance, •USGS Locus Map, Scale=1:25,000 (approximately: 1" 2000'), •Bird's Eye View of the project site (taken from Windows Live), 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net •Plan entitled: "Sewer Repair Site Plan" (prepared by Patrowicz Land Development Engineering) dated 716/10 showing flagged and surveyed wetland resource area and proposed scope of work, Scale: 1"=20', It is my understanding that I will notify the abutters (from the list of abutters provided to me by your office from the City Assessors Dept.) via certified mail with the attached form entitled: "Notification to Abutters". 1 will submit receipts of the certified mailings to the Commission the night of the public hearing. It is also my understanding that you have submitted the legal advertisement to the local newspaper for publication of the hearing date. The applicant will receive the invoice for the legal advertisement. One copy of the above NOI application package is being sent via certified mail to DEP-Wetlands, Northeast Regional Office, 205B Lowell Street, Wilmington, MA 01887. In accordance with the BRP WPA Form 3 instruction, no fee shall be assessed to projects of any city, therefore the NOI Wetland Fee Transmittal Form and fees are not being sent to DEP, P.O. Box 4062, Boston, MA 02211. Thank you for taking this matter under consideration. We look forward to the public hearing on July 22, 2010. If you have any questions, please do not hesitate to call me. Sincerely, PAIR Z LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Ron Freeman, Shaughnessy-Kaplan, w/attachments cc. DEP-Wetlands, Northeast Regional Office w/attachments PATROWICZ LAND DEVELOPMENT ENGINEERING Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown Impo rtant:W filling When filling out A. General Information W forms on the computer,use 1. Project Locabon (Note: electronic filers will click on button to locate project site): only the tab key to move your One Dove Avenue Salem 01970 cursor-do not use the return a. Street Address b.City/rown c.Zip Code key. Latitude and Longitude: d. Latitude e. Longitude 24 216 &221 j� f.Assessors Map/Plat Number g.Parcel/Lot Number III 2. Applicant: Ron Freeman a.First Name b. Last Name Note: Shaughnessy-Kaplan Rehabilitation Hospital Before c.Organization completing this One Dove Avenue form consult your local d.Street Address Conservation Salem MA 01970 Commission e.Cityrrown f.State g.Zip Code regarding any 617-349-5713 617-758-5596 rfreeman2@partners.org bylaw @partners.org or ordinance. h.Phone Number i.Fax Number j. Email Address 3. Property owner(required if different from applicant): ® Check if more than one owner Ron Freeman a. First Name b.Last Name Shaughnessy-Kaplan Rehabilitation Hospital c.Organization One Dove Avenue d.Street Address Salem MA 01970 e.City/rown f.State g.Zip Code 617-349-5713 617-758-5596 rfreeman2@partners.org h. Phone Number L Fax Number j. Email address 4. Representative(if any): Scott Patrowicz, P.E. a. First Name b. Last Name Patrowicz Land Development Engineering c.Company 14 Brown Street d. Street Address Salem MA 01970 e.Cityrrown f.State g.Zip Code 978-836-6400 978-745-4110 scott.patrowicz@verizon.net h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): Exempt(City/Hospital project) a.Total Fee Paid b.State Fee Paid c.City/rown Fee Paid umafnrml rinr•rev 11/1A/nQ Pane 1 of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/rown A. General Information (continued) 6. General Project Description: Shaughnessy-Kaplan proposes to repair an existing sewer main, by installing a new 8-inch by-pass sewer line outside the wetland resource area. The new by-pass sewer line will contain the wastewater flow from the Shaugnessy-Kaplan Rehabiltation Hospital and connect to the City trunk sewer main located within an easement on City property. 7a. Project Type Checklist: 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ® Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal)or 310 CMR 10.53(inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2. Limited Project 8. Property recorded at the Registry of Deeds for: Essex a.County b.Certificate#(if registered land) Bk.14401, Pg.47 (Shaughnessy-Kaplan) and Bk.1850 Pg.447 (City of Salem) d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below.Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any) Resource Areas, please attach a narrative a. ❑ Bank 1. linear feet 2.linear feet explaining how b. ElBordering Vegetated the resource area was Wetland 1.square feet 2.square feet delineated. c. ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3. cubic yards dredged wn.fnrml dnc.rov 1111 AInQ Pan.9 of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1. Name of Waterway(if available) 2.Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt b. ❑ Land Under the Ocean 1 page)with all .square feet supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment wnafnvdt Mr.•my 1111 AlnQ Pon.3 of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands Mas$DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to h1tp://www.mass.gov/dfwele/dfvv/nhesp/requlatory review/priority habitat/online viewer htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 10/06 Route 135, North Drive b. Date of map Westborough,MA 01581 wn�fnrtn'3 rinr•rnv t 1/1 ft/nQ Pona A of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem city/rown C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section CA.C, and include requested materials with this Notice of Intent(NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section f of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work"" (a)❑ Project description (including description of impacts outside of wetland resource area& bufferzone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee(fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule htm). Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit., (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Tracking# b.Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. "MESA projects may not be segmented (321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wn.M"'A Mr..my i vi s/nQ Pan.5 of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem Cityrrown C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take' determination or valid Conservation & Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. N Not applicable— project is in inland resource area only b. ❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island, and the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. El Yes N No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page)with all supplementary a. ❑ Yes N No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes N No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q)and check if: 1. ❑ Applying for Low Impact Development(LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. N No. Check why the project is exempt: 1. ❑ Single-family house wnnfn'm3 dnc.rcav 11HR/n0 Pano R of R Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cilyfrown C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4-units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ® USGS of other map of the area (along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Sewer Repair Site Plan a. Plan Title Patrowicz Land Development Engineering Scott Patrowicz, P.E. b. Prepared By c.Signed and Stamped by 7/6/10 1" =20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 5. ® If there is more than one property owner, please attach a list of these property owners not listed on this form.; C t r%j of S la%►KM 4 Z% IDLE (l.Orw-> 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. _ a. ❑ Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Report, if needed. umafnrm3 dnc•rov 11/lAM Pan.7 of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of an city, town, county, or district of ® P 9 P l Y tY the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: N/A N/A 2.Municipal Check Number 3.Check date N/A N/A 4.State Check Number 5.Check date N/A N/A 6.Payor name on check:First Name 7. Payor name on check:Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand, delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project Ion. :�, --I 11_ 1 r n 1.Sig re o tu Applicant 2.Date 3.Signature of Property Owner(if different) �pV 4SS - 4.Date qC "') ) (p )Ll 5.Signature of Representative(if any) PATROWICZ u, 6.Date a CIVIL y '-' No.33656 y 9 O For Conservation Commission: q9o` Q rSTS Two copies of the completed Notice of Intent L ing supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wnafnnn3 dnr.•nav 11NR/no Pan.R of R SCALE 1:L5 WO PATROWICZ LAND DEVELOPMENT ENGINEERING I CENTIMETER ON THE MAP REPRESENTS 250 METERS ON THE GROIIi CONTOUR INTERVAL 3 METERS Land Planning, Civil Engineering, Environmental Permitting - DATE: b� )BJECT Site Locus ( U.S.G. S. map) Z. SHEET NO.: e V FSS LAr4 '7a JOB NO.: Zir 500 0 1000 2000 _ 30M _4000 METERS 1000 0 ri0pp 6000 B000 1O1100 12000 FEET 1000 KILOMETERS 1 .5 0 1 2 3 ---"J— -k=r_e_a."—fir .. MILES 1 S 0 1 ie3oncai bite,,\ C_h �7 ' i _ Z.� o AA"`�e\r rrl • S r A i - + �; T c I 'w ht �� ] S AE M Long- Point ' i� o° `\`00 - • l N nh Sh , P �I h liner q' v\�f. xnx sr. ./ \ oue FrI RBOR a r, /.',Q I ,F, ' / T r�� .Park Po/ntElh9 * ' % NIN w �� JAR A SAEM n PIP OR �� 6 0 �� I "\•-ter + /�' .. ///// e lace �. o-� ]a o arm(� ' `• � � as i r, t PS' Coi r ✓ _ D ire P o \ u > r J O 9 r d / \ /, I.CCMIfIraP=i#JnE9pfrZG92tnthdmUlMmIW1c2Fs WGIM MrbWEIN2Vzc3QuMCU3ZNGnL1EmYmlgeJIMUODI+HMIQI M014xDTkWQ5H3Z30VIJY44MI yNzgxMzclPJ2USLIkyP10EIrvITYxNllMzrvlTu3jTJILTEYNC4aN N3MTL12NI C= �f X P Gma Tads Halo re,sWem,ma �, Wheys New ssafle -Nd Photos- Cdendas M4f:. Awe :I �:• - a'�.. :: Ism,ma • j i1nn,, e�' Lam,•. .,.. yt, i�+ #e-21-Last j.Nassad.adcs Aate,lattery %*Psted.SRes- 10! 1 l.Ms'a6N'%MP Ma NqPLisesKertNsnat is NA�BC AbuRWaFan M-0. fw.boecbad EIXslsleews e6ay`mar,... ZEle#dtle Web fjClwed.Glde EdW/ NnLcs h )1970-29"-eh9 Mops - ®Eeeds(J) - fJ-'Reed Nd A1simi .Salem.ma jQ Seath r'+ .4,T.wft aten Page 9taEa - ©+Identity(lt d -. Boston ©. ..,. ,ar za...ev.M...aye,..-��,a-_se. ,...:� ,h.-F-�,.,.n^. - w+=...�...,a,av-•w.-.4'mn.e,*-».m.n-.,mw..^ca.asr .,.,a...�..�....:-j.iFx' r 1 dove ave, Salem, ma • S,f Web Maps 14 4` My} " ��.t�.. - n .f y Y! X. 2 � . T �. `�' Ili V 1 y�J i Y ry T O%CICIAIc e-ofl I Pmacy i Legal I =or'CT11aa 1 ltN our etls -1 dove ave,, Salem,ma Web Maps ze .. II l�fj 1 , P -�- f aw I t i 4 � ,f,... -1 b •- ° Cam, e.. `r� � ( 4�".i� ., 5 Y Y ..� '.; ' �^- � 01.41L DsoX{ FinaCy � Leyal� P�ertLE k 4F,PLf our Pas 1 �Irt,kv Ilk- Xyr / fit• e 4LIN/,*�`Wy' y , Ali r i I ( 4 .r rl. ;l"4"'� 1 ,I' .r�rt 4/t�l•� iy�,r�t. ' 74�r�n' '✓:'r,`�a�"k41�+f�Y� S t .'Jp. � .� ¢�K � — ux` I c _ F Gr C: l •' I ice: s -u nA tir �S y.� ♦ 'per' ta�a.4j 3 ' x _ r + v,,,..'{a 'y, •s^ a�' y ��cA+ ` 1 >' �T??\'}•L`�L = �.., y' � t f,, r•:':' + � �� -a a a3 +. V • 'w h 9 1 f j ."id y-i Will !! 111I ,1�IL1 H1 °lllll! ! s '♦:�' a ' !>�'%7 IN. t r a� it r r s. J+ I iP';Y��•,�^'t < .s• + ii . "*'6. 19:.s..., rl .# _ �. : ale •�, .`3; 41 WA s w. »r pR+ 1 s - rf a s i f V t 1 yl' .fY ejr ✓r N � I�� i g )i 77 y I b r t f a ♦ sue; t ��- � J♦ t�la• ` [ Y yu�J A��. i f• * ��D(�0. � R.Y.. 'r .} H ;yam. qf.• ., �. . ' � Y .`y � i s { i e F� "z The Millennium Group of Companies 197M Boston Post Road West#318 Marlborough, MA 01752 STORMWATER POLLUTION PREVENTION PLAN FOR NPDES CONSTRUCTION GENERAL PERMIT DOVE AVENUE CULVERT REPLACEMENT CITY OF SALEM Prepared for: Unified Contracting, Inc. 87 East Street Melrose, MA 02176 Prepared by: Millennium Environmental 197M Boston Post Road West#318 Marlborough, MA 01752 November2010 Tel: 508-303-2000 Fax: 508-303-0006 NPDES SWPPP Table of Contents 1.0 INTRODUCTION...............................................................................................................................1 1.1 BACKGROUND........................................................................................I........I................. 1 1.2 SEQUENCEAND TIMING OF DISTURBANCES........................................................................ 1 1.3 OBJECTIVES.....................................................................................................................2 1.4 TEAM ...............................................................................................................................2 1.5 TRAINING..........................................................................................................................2 1.6 RISK IDENTIFICATION AND ASSESSMENT............................................................................2 1.7 INSPECTION AND MAINTENANCE........................................................................................3 2.0 EROSION CONTROL MEASURES..................................................................................................4 2.1 SLOPE EROSION CONTROLS.............................................................................................4 2.2 HAY BALE INSTALLATION...................................................................................................4 2.3 SILT FENCE INSTALLATION ................................................................................................4 2.4 EROSION CONTROL MEASURE MAINTENANCE....................................................................4 3.0 SURFACE STORMWATER CONTROL............................................................................................6 3.1 GROUNDWATER CONTROL................................................................................................6 4.0 SITE ACCESS CONTROL................................................................................................................7 4.2 COVEREDTRUCKS............................................................................................................7 4.3 STREET SWEEPING...........................................................................................................7 4.4 CATCH BASIN CLEANING...................................................................................................7 4.5 NPDES SWPPP PERMIT-RECORDS RETENTION/COVERAGE TERMINATION....................7 5.0 SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN..............................................8 • 5.1 RESPONSIBILITY...............................................................................................................8 5.2 FUEL/OILSTORAGE.........................................................................................................9 5.3 FUEL AND OIL DELIVERY TRUCKS......................................................................................9 5.4 EQUIPMENT......................................................................................................................9 5.5 DRUM STORAGE...............................................................................................................9 5.6 LUBRICATION/OIL MAINTENANCE......................................................................................9 5.7 SPENT OIL...................................................................................................................... 10 5.8 SPECIAL OIL SPILL EQUIPMENT....................................................................................... 10 6.0 SAFETY PRECAUTIONS.....................................................................................I.........................11 6.1 EMERGENCY PROCEDURES............................................................................................. 11 7.0 EMERGENCY CONTACTS............................................................................................................12 Millennium Environmental i - July 2010 NPDES SWPPP • TABLE OF CONTENTS,CONTINUED FIGURES Figure 1 Site Locus Map Figure 2 Project Site Maps APPENDICES Appendix 1 NPDES Construction General Permit Appendix 2 Baseline Construction Schedule Appendix 3 Contractor's Notice of Intent(NO1) Appendix 4 BMP Fact Sheets Appendix 5 Massachusetts Total Maximum Daily Load Limits Appendix 6 SWPPP Inspection Form Appendix 7 Operator Certification Forms Appendix 8 SWPPP Modifications • • Millennium Environmental -n - July 2010 NPDES SWPPP • 1.0 INTRODUCTION This Stormwater Pollution Prevention Plan for National Pollutant Discharge Elimination System (NPDES) Construction General Permit for Massachusetts has been prepared by Millennium Environmental (Subcontractor) for Unified Contracting, Inc. (Contractor) for the Dove Avenue Culvert Project in Salem, MA. This NPDES Stormwater Pollution Prevention Plan (herein after referred to as the "Plan" or SWPPP) was prepared in accordance with provisions of the NPDES Stormwater Pollution Prevention Plan and complies with the terms of the U.S. Environmental Protection Agency (EPA), NPDES General Permit for Stormwater Discharges from Construction Activities (Appendix 1), and Massachusetts Wetlands Protection Act M.G.L. chapter 131, paragraph 40. The SWPPP is intended to serve as the guideline for controlling erosion and sedimentation during construction activities associated with Dove Avenue Culvert Project(referred to as the"Project"), see Figures 1 and 2. The City of Salem will be the operator in charge of the plans and specifications under the NDPES General Construction Permit. The Contractor will be the operator having control of the day-to-day operations on site. 1.1 Background The City of Salem and its consultants have completed federal, state and local environmental review process(s)required for the Dove Avenue Culvert Replacement project. • 1.2 Sequence and Timing of Disturbances The work to be done under this contract consists of the replacement of two corrugated metal pipe culverts, each approximately five (5) feet in diameter which will pass under Dove Avenue near the intersection with Jefferson Avenue. The partially collapsed existing culverts will be replaced high density polyethelene (HDPE) pipe culverts of approximately the same diameter. The project involves the the alteration of approximately 1,000 square feet of riverfront area(inner riparian zone) The Contractor will provide the sequence and timing of soil disturbances to the Town of Salem by way of a Construction Schedule of Operations (Schedule), which will be submitted under separate cover.A total of 0.5 acres will be disturbed during the duration of the Project. See Appendix 2 for a copy of the Contractor's Notice of Intent (NO1) — NPDES General Permit. Contractor activities/disturbances will begin, November 2010 and will be completed,June 2011. • Millennium Environmental -1- November 2010 NPDES SWPPP • Ooerator(s): City of Salem 93 Washington Street Salem, MA 01970 Phone#978-619-5675 Unified Contracting, Inc. 87 East Street Melrose, MA 02176 Phone#781-665-8588 1.3 Objectives The overall objectives of this plan are to mitigate erosion and sediment pollution from site runoff,to prevent and contain accidental leaks, spillage, etc from materials storage areas, and to prevent improper use of waste disposal system. To maintain the effectiveness of construction site storm water control, best management practices (BMPs) will be employed. This plan outlines the responsibilities of the Contractor and other involved parties to implement the control measures required during construction of the Project. The SWPPP does not authorize post construction discharges that originate from the site after construction activities have been completed and the project has achieved final stabilization and does not cover discharges mixed with non-stormwater except those excluded in subpart 1.3b of the CGP(i.e.fire hydrant or water line flushing, landscape • irrigation or water used to control dust subpart 3.4G of the CGP.) 1.4 Team Unified Contracting, Inc. William Gear—Responsible Person 781-760-5382 Mark Ansart —Alternate 508-612-2349 Millennium Environmental Jesse Maggs—Responsible Person 617-697-8509 Alan Duncan-Alternate 617-6534067 1.5 Training The SWPPP team will meet to discuss the BMPs and Erosion and Sediment Control (ESC) Measures prior to site activities/ disturbances. Additional meetings will take place to address modifications or additions to the BMPs, ESC Measures or SWPPP. 1.6 Risk Identification and Assessment This Storm Water Pollution and Prevention Plan identifies the risks associated with the implementation of the proposed erosion and sedimentation control measures and has assessed the potential impacts of a failure of these proposed measures. The Contractor will monitor and repair all control measures as soon as possible in the event that there is a failure of such control • measures. Water discharges and construction site storm water runoff will not bypass the control and structures during construction. Millennium Environmental -2- July 2010 NPDES SWPPP • The U.S. EPA website section 303(d) List Fact Sheet for Massachusetts, Total Maximum Daily Loads (TMDLs) were referenced and can be found in Appendix 5. This Project meets the permit eligibility as it relates to TMDLs. 1.7 Inspection and Maintenance Regular inspection(s) of BMPs and Erosion and Sediment Control (ESC) Measures will be performed once a week or when rainfall occurs within a 24-hour period above 0.5 inches. Inspections may include, but are not limited to, seeded areas, mulched areas, areas stabilized with geotextiles or sod, silt fences, hay bales, sediment traps, sediment basins, subsurface drains, pipe slope drains, level spreaders, storm drain drop inlet protection measures, rain barrels, and road and site entrance stabilization measures. Runoff will leave the road box through existing catch basins.Catch basins will be protected with hay bale dams and filter fabric to block silt. Maintenance of BMPs and/or ESC measures can be categorized into two groups, (1) expected routine maintenance and (2) non-routine maintenance. Routine maintenance activities are performed on a regular basis to keep the BMP/ESC in good working order and aesthetically pleasing. In addition, routine inspection and maintenance will assist in preventing potential nuisance situations (odors, mosquitoes, weeds, etc.), reduce the need for repair maintenance, and reduce the chance of polluting storm water runoff by finding and correcting problems before the next rain. Non-routine maintenance will occur as a result of an intense precipitation event. Required maintenance for this occurrence will be completed immediately. The contractor's representative will complete NPDES SWPPP inspections as indicated. Inspection forms will provide information detailing routine and non-routine maintenance required or performed over the last period. NPDES SWPPP Inspection Form (Appendix 6) will be forwarded to the Resident Engineer within 1-2 business days. See Appendix 7 for copies of the SWPPP Operator Certification Forms. The following activities will be maintained as part of the SWPPP: Dates of construction activities, major grading activities, temporary and permanent grading activities cease on porfion(s) of the Project Site,and stabilization measures are initiated and completed. In the event that changes, additions, or modifications to the SWPPP become necessary they will submitted for approval. Upon approval they will be distributed for inclusion in the SWPPP in Appendix 8 to this SWPPP. • Millennium Environmental -3- July 2010 NPDES SWPPP • 2.0 EROSION CONTROL MEASURES The Contractor is responsible for providing, maintaining and replacing all sediment and erosion control equipment and materials specified and/or intended to remain in working order for the duration of the contract. Hay bales, sorbent devices, and filter materials will be employed to minimize the flow of surface/storm water, sediments and other materials from the limits of the project,as indicated on contract drawings identified as Figure 2. 2.1 Slope Erosion Controls The contract does not call for two to one or steeper slopes. If the scope of work for this Project changes then the following measures will be instituted. As required, temporary excavations or disturbed surfaces that are exposed to the elements (wind, rain, runoff, etc.)will be protected from erosion temporarily by hay mulch across the slopes,geo-textile fabric or by permanently vegetating or hydro seeding the area on areas that are left bare for more than 14-days. Temporary stabilization will be done on areas under construction as part of the Project in the future. This measure will be utilized for stabilization of soil stockpiles. Permanent stabilization will include the seeding and/or hydro seeding. Vegetative covers will be established during the proper growing season. Surfaces that are disturbed by ongoing construction activities or erosion process will be stabilized as soon as possible. All landscaping and plantings shall be conducted in accordance with the approved plans and specification. • 2.2 Hay Bale Installation Hay bales will be installed around the contract specified areas of concern. Hay bales will be placed in a ring around affected catch basins to minimize storm-generated runoff. Each hay bale will be anchored with two stakes with the first stake directed towards the previously laid bale to force the bales together. The stakes will be driven in a manner to ensure that approximately 12 inches of stake is firmly embedded. 2.3 Silt Fence Installation The installation of a silt fence will be installed as described in Contract Drawings 8-30, found in Figure 2. Also, additional silt fence locations maybe required by the Resident Engineer. These additional area(s)/ information will be provided by the Resident Engineer to the contractor for inclusion in Appendix 8—Addendum Section of this SWPPP. Filter fabric is to be cut to the required length from one roll so to minimize the number of fabric joints along the fence line. Joints in the silt fence require a 36-inch overlap of the filter fabric, and can only be made at a post so the seam can be firmly secured. The filter fabric is to be secured to posts that are driven vertically in 5-foot intervals and embedded at lease 18 inches into the ground. The filter fabric is to be secured to the post with '% inch heavy-duty staples, and the up hillside of the fabric is to be buried to a minimum depth of 4 inches below grade. 2.4 Erosion Control Measure Maintenance • During the construction phase of the project all silt fences and hay bales will be inspected at the start of each day and during/after periods of heavy rain, and repairs discovered during inspection Millennium Environmental -4- July 2010 NPDES SWPPP • will be corrected immediately. Sediment collecting on the fencing will be removed when it reaches one-third the height of the fence. Hay bales that become sediment laden or ineffective will be replaced and disposed of properly. Post-construction storm water management measures will be installed during construction. These measures include a structured storm water drainage system with catch basins equipped with sumps to reduce sediment loads prior to discharge. • Millennium Environmental -5- July 2010 NPDES SWPPP • 3.0 SURFACE STORMWATER CONTROL Filter fabric or hay bales and sorbent devices (as needed) will be placed around affected catch basins to minimize storm-generated runoff. Natural swales and drainage trenches will be used to direct the flow of storm water runoff. Silt laden runoff from the construction Project Site will be handled properly with sedimentation basins,check dams or filter/haybale check dams. 3.1 Groundwater Control If required, the Contractor will pump groundwater from various locations; the water will be pre filtered prior to pumping using crushed stone, filter fabric/hay bales around the pump recharged within 100 feet of the excavation. Recharging of groundwater will be performed in such a way as not to create sheeting of water across the site. Depending on volume of groundwater the recharge well will be installed via a hydraulic excavator and constructed of perforated HDP pipe, filter fabric and stone. Groundwater will not be discharged to the municipal sewer. • • Millennium Environmental -6- July 2010 NPDES SWPPP • 4.0 SITE ACCESS CONTROL The site is active and will be secured with a combination of Traffic Officers, barriers or temporary construction/snow fencing. The contractor will utilize traffic shifts during work hours to limit site access, as required on a daily, weekly and monthly basis. The site barriers will be inspected weekly and maintained by Contractor to ensure that unauthorized vehicles do not gain access to site during construction activities. The Contractor will remove site barriers at the completion work. BMPs will be undertaken to minimize sediment/soil tracking control at the entrances and exits of the Project Site to paved roadways or nearby catch basins. 4.2 Covered trucks The Contractor will remove debris/soil from side boards and will direct all transporters to cover the trailers contents prior to making site deliveries,or hauling material off the construction site. 4.3 Street Sweeping All streets will be maintained so they are kept in a reasonably dirt and dust-free state. Pedestrian access and passages will also be cleaned of sediment/debris and will also be kept reasonably dirt and dust-free. Street sweeping will be conducted as needed. Water will be utilized as needed to control dust.Water will be applied using a water truck or hose as to not create sheeting of water or sediment runoff across the area(s). • 4.4 Catch Basin Cleaning Catch basins that are affected by the construction activities sediments will be inspected and cleaned when sediment occupies 1/3 the capacity of the catch basin. 4.5 NPDES SWPPP Permit—Records Retention/Coverage Termination The Contractor and the City of Salem will maintain all SWPPP records including the inspection forms for three (3) years. The Three (3) year time table begins on the date when the Notice of Termination is submitted. The NPDES SWPPP Permit for this Project will be terminated once final stabilization has been achieved on all portions of the Project. At that time the contractor and the City of Salem will each submit a Notice of Termination within 30-days of the condition being achieved. • Millennium Environmental -7- July 2010 NPDES SWPPP • 5.0 SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN Goals Minimize the potential for contaminants to enter or runoff the Site during construction activities. Fuel oil, diesel fuel, gasoline in trucks and equipment and other equipment related fluids must be properly stored. Additional fluids or dry bulk materials such as cleaning and adhesive chemicals, paints, concrete, asphalt,or other hazardous materials to be used on the Project Site will be stored onsite in accordance with applicable MSDS requirements. The Contractor shall establish secure storage areas that collect any spillage to meet requirements of the Fire Department regarding the storage of flammable materials. The Contractor shall complete and submit to the Resident Engineer, specific plans satisfying the requirements of Section 311 of the Clean Water Act and 40 CFR Part 112. General Requirements The Contractor has completed and detailed in this Plan a proactive approach to all of the best management practices, erosion and sedimentation controls, mitigation measures, and monitoring activities for this Project. The Contractor will actively maintain and mange the Site activities with the procedures outlined in this Plan. In the event of petroleum or other deleterious substance spill, action will be taken by the Contractor to contain and remove the spill. The Contractor will comply with the relevant section(s) • of the Oil Pollution Prevention Act,40 CFR 112.7 5.1 Responsibility Project personnel share the responsibility for the initial control and reporting of the oil and other substance spill, especially the personnel that first discover the spill. The site Health and Safety Officer will be responsible for determining the necessary safety equipment and for establishing safety practices to be followed by the Contractor during the clean-up operations. All personnel will be trained in the use of and location of this equipment, prior to the commencement of the construction The Contractor's goal is to provide effective, efficient and coordinated action to minimize or mitigate damages to the environment and public health and welfare from oil or other substance discharges, conforming to applicable federal, state local regulations and other provisions and restrictions.A Millennium Environmental representative on-site will be a qualified by OSHA training requirements (29 CFR 1910.120)for a Level 3 Hazmat Technician and will have the responsibility and authority for supervising the cleanup of spills and releases occurring during the project. If Millennium Environmental Safety Manager determines that the clean up operations are beyond the capacity of the Contractor,assistance shall be requested from its Subcontractor. Millennium Environmental has been retained as the environmental subcontractor for this project responsible for Emergency Spill Operations. Alert and reporting procedures will become effective immediately upon observance and indication of a spill or discharge of oil or other substances on the project. • Reportable observations are: 1. Any leaks or spills Millennium Environmental -8- July 2010 NPDES SWPPP • 2. Any soils which are discolored or have an odor 3. Any discharge of oil or other similar substances from drainpipes The Resident Engineer will be informed immediately of all substantial spills, releases, or other substance discharges. All telephone numbers for the Emergency Response agencies will be posted on site. The Contractor or its Subcontractor will implement control and countermeasures immediately. A copy of the Emergency Contact List is attached. 5.2 Fuel/Oil Storage Contractor will inspect the all storage areas on a daily basis for leakage. All fuel for vehicles will be delivered daily in a subcontractor designated fuel truck. All fuel and gas will be transported in accordance with OSHA regulations. Equipment shall be situated at least 20 feet from catch basins during refueling and held to 80% of capacity in order to avoid the opportunities for spills. Any spills during the refueling will be cleaned-up using sorbent material. Spill equipment (absorbent pads, booms) shall be immediately available on the fuel truck or support vehicle. Small amounts of oil will be stored on site. All of this material will be contained in a bin or other container that has the capacity to hold 110%of the volume. 5.3 Fuel and Oil Delivery Trucks The equipment superintendent or designee will monitor all truck unloading procedures to verify all hoses are tight and do not leak, and if necessary, to tighten, adjust or replace them to prevent a release of any kind. In the event of a major spill, alert and initial report procedures will be • implemented,and an emergency response contractor will be called in to perform the cleanup. 5.4 Equipment Motorized equipment that requires fuel and oil to operate will be inspected prior to the start of each work shift by the operator(in the field) to ensure there is no leakage of oil, fuel, or other material. Trucks will be inspected prior to use for potential leaks or drips. If a leak is found repairs will be P P P P � P made immediately, and spillage will be cleaned up manually using absorbent material. Vehicles that are found to be leaking will be immediately taken out of service until repairs can be made. 5.5 Drum Storage Petroleum liquids and other substances stored in drums will be kept in a drum container that consists of a drum rack and drip containment pan that is capable of containing 110% of the OHM should the drum rupture. Drum storage, if any, will be located in a secure area approved by the Fire Department within the Project limits away from environmental areas of concern. 5.6 Lubrication/Oil Maintenance Replacement lubrication will be directly deposited from the lubrication truck to the equipment lubrication reservoir. No other container system will be used to transport oil to the equipment. Mobile equipment will be serviced off site or in the lay-down area. Equipment that cannot be moved will be serviced in the field. The Contractor will place absorbent pads below the service • area prior to initiating service activities in the field. Waste disposal will be completed by the Contractor or by a waste disposal firm. Miscellaneous lubricants for operating equipment will be limited to daily quantities. Millennium Environmental -9- July 2010 NPDES SWPPP • 5.7 Spent Oil Oil that has already been used on the job will be disposed of via a certified waste disposal firm. Spent oil will stored in a labeled (hazardous waste signs) and vented fuel storage cell located at the staging area awaiting disposal by a certified waste disposal firm(i.e. Enpro Services, Inc.). The staging area will be approved by the Fire Department, located within the boundary of the project and inspected daily for leaks or spills. The storage cell will be bermed to contain 110% of the largest container or 10%of the total volume in storage. 5.8 Special Oil Spill Equipment Sor6ent Pads and Booms Sorbent pads will be available to absorb oil and petroleum compounds. The sorbent booms will be used to contain and absorb spills or releases by placing the booms in a continuous fashion around the spill. The pads and booms will be used to absorb oil spills or leaks by placing them on the oil and giving them antiquate time to absorb it. The sorbent pads and booms will be stored in equipment box located in the maintenance area.. The pads and booms float and are water repellent, so they can absorb oil on water. Saturated /contaminated pads will be placed in an appropriate container and stored within the maintenance area. A certified waste disposal firm will dispose of the approved containers. Sor6ent Compound The compound is used for contaminants spilled on decks or hard surfaces. In most cases it can be • applied directly to spills, but if the spill is large it can be used to form a dike around the spill to prevent further migration. • Millennium Environmental -10- July 2010 NPDES SWPPP • 6.0 SAFETY PRECAUTIONS Surface terrain, direction and velocity of the prevailing wind and proximity to possible ignition sources shall be observed by The Contractor's Project Manager or his designee, and road block to be set up immediately if necessary. Trucks, hand tools and equipment should not be moved into the spill area until precautions have been taken. When equipment is moved into the spill area it shall be removed as soon as its task is completed. Only personnel vital to the cleanup effort will be allowed in the spill area. No ignitable materials(matches, lighter,smoking materials)will be allowed into the spill area. 6.1 Emergency Procedures Minor Spill(< 10 GALLONS) All efforts will be made to contain the spill by erecting an earthen berm or barrier. The area will be remediated in accordance with all applicable state and federal regulations. The Contractor's Project Manager,the Resident Engineer and the Fire Department will be notified. Large Spill(>10 GALLONS) The spill will be contained to the smallest area possible using booms, berms, or other effective barriers. The Contractor's Project Manager and the Resident Engineer will be notified immediately. • The SSHO or Project Manager will notify the following departments/agencies: Fire Department (978)744-6990 Massachusetts DEP (888)304-1133 U.S. Coast Guard (617)223-3000 • Millennium Environmental -11- July 2010 NPDES SWPPP • 7.0 EMERGENCY CONTACTS EMERGENCY SERVICES Fire Emergency 911 Medical Emergency 911 Mass State Police Emergency 911 Poison Control (800)542-4225 National Response Center (800)424-8802 Jesse Maggs (Millennium Environmental Emergency Response Contact) Cell (617)697-8509 ENVIRONMENTAL Mass DEP (Day) (617)654-6500 (Night) (888)304-1133 or(617)556-1133 UTILITY COMPANIES Massachusetts Electric Company (800)322-3228 NSTAR-electric (800)592-2000 NSTAR-gas (800)572-9300 Comcast (888)633-4266 AT&T (800)222-0300 • EMERGENCY RESPONSE CONTRACTOR Clean Harbors (800)645-8265 42 Longwater Drive 800 OIL TANK Norwell, MA 02061 • Millennium Environmental -12- July 2010 NPDES SWPPP • Figure 1 - Site Locus Map • Latitude:42.340585 Longitude:-71.019279 • Millennium Environmental July 2010 5P tt— WOItJ 71 fit,° c d:8p y P r.Mrrh y j 1Ak t f R gyV iMAI, M ivy� �+ 3�uj 4..Y «h> 7 � ^ G$ •,. _ .3.may_f" F3.,C d � 2 � 1 1 NPDES SWPPP • Figure 2 - Project Site Maps • • Millennium Environmental July 2010 cz Etc.. � LPL - u� ✓ 'r iU .\ CO. � 4E" GUtJ20RN ELECtR/-1 ItLER, ,Z o voNE �- � - hL V4 M jl r DOVE AVE — CURB .- z �z•Acv 8" WATER jlpppRO _ - - - • ! % �� / .WETLAND AREA . . _ _ SCALE: 1•' _= 40" I 0' 20 �40 80 Fee t �,' _ �� #192 JEFFERSDN AVE { CITY OF SALEM �M New England Civil ve#� DOVE AVE CULVERT REPLACEMENT w° oxnm � Engineering Corp. D-1 IXISTING CONDITIONS-PLAN VIEW '.+°°°r w,e xs ew,E� -] SALEM,MASSALXUSETTS o..a° rrnsax l r 1. CLEAN CULVERT PIPES AND REMOVE AND DISPOSE OF DEBRIS AND TWO DETERIORATED CORRUGATED METAL PIPE (CMP) CULVERTS AND UNSUITABLE SOIL. ~ _ 2. SUPPORT, PROTECT, AND MAINTAIN EXISTING UTILITIES CROSSINGS; REMOVE AND REPLACE _ DRAINS AS 3 PROVIDE AN REQUIRED INST 01 WOT NEW WIPE DENSITYEMBANKMENT LYEHYLENE HDPSWIMACHINED RECONSTRUCTION. F IN CONFLICT WITH CONSTRUCTION. _�� E C(R\0 \)NES •` ING 4. PROVIDE AND INSTALL SUITABLE BEDDING FOR NEW HDPE PIPES. ,e� 5. BRACE NEW HOPE PIPES TO MAINTAIN GRADE AND PREVENT FLOAT. �""" 8. REMOVE AND REPLACE RIPRAP EMBANKMENT AS DIRECTED INCLUDING PROVIDING NEW STONES AS REQUIRED, GEOTEXTILE FABRIC, AND MORTAR. — F' OIL 7. REMOVE, REPLACE, AND RESTORE DISTURBED URUTIES, SHRUBBERY, POSTS, GUARDRAILS, NV SIGNS, AND OTHER SURFACE FEATURES ALONG THE LINE OF WORK. , 8. SAWCUT PAVEMENT, CURBING, AND SIDEWALKS; REPAVE ROAD, REPLACE OR PROVIDE AND INSTALL CURBING, REPLACE SIDEWALKS: LOAM AND SEED DISTURBED AREAS. ,_---- - ! 9. EXISTING SINKHOLE AND BRACE EXISTING CULVERT TO PREVENT ROADWAY SETTLEMENT OR - OR CULVERT COLLAPSE OR DEFORMATION. F.R GO .. EN,ENG 1 iz `.o HONf LANE -- OVE AVE a -- LZZ110 _ .- !:;o � �.�=.._ a ' 8" WATER 5 cf / WETLAND APE - _ INSTALL AND MAINTAIN EROSION AND SEDIMENTATION BARRIERS, FLOATAS'BLE S BOOMS AND TEMPORARY • - - I - �1� / i DEWATERING 'DAMS' AS REQUIRED FOR BYPASS PUMPING. BARRIERS TO SURROUND WORK AREA AS SHOWN AND ALL CONSTRUCTION STAGING AND / I ' � ACCESS AREAS. SCALIE: 20 40 8 #192 JEFFERSON AVE I �j D _ _ _ _ ,. � aw t w swt CITY OF SALEM New England Civil by We}et MHNf DOVE AVE CULVERT REPLACEMENT n w.c Engineering Corp. D-4 PROPOSED WORK SALEM,MASSACHUSETTS A..a s w.w xENsaxs NPDES SWPPP • APPENDIX 1 -NPDES CONSTRUCTION GENERAL PERMIT • • Millennium Environmental July 2010 • TABLE OF CONTENTS VOLUMEI 1.0 INTRODUCTION...............................................................................................................................1 1.1 BACKGROUND...................................................................................................................1 1.2 SEQUENCE AND TIMING OF DISTURBANCES........................................................................1 1.3 OBJECTIVES......................................................................................................................2 1.4 RISK IDENTIFICATION AND ASSESSMENT.............................................................................3 1.5 INSPECTION AND MAINTENANCE.........................................................................................3 1.6 PERMANENT CONTROLS TO REDUCE POLLUTANTS(POST CLOSURE)..................................4 2.0 EROSION CONTROL MEASURES...................................................................................................9 2.1 SLOPE EROSION CONTROLS..............................................................................................9 2.2 HAY BALE INSTALLATION...................................................................................................9 2.3 SILT FENCE INSTALLATION.................................................................................................9 2.4 EROSION CONTROL MEASURE MAINTENANCE..................................................................10 2.5 SCHEDULING CONSIDERATIONS FOR CONSTRUCTION ACTIVITIES......................................10 3.0 SURFACE STORMWATER CONTROL..........................................................................................11 3.1 GROUNDWATER CONTROL...............................................................................................11 4.0 SITE ACCESS CONTROL...............................................................................................................12 4.2 COVEREDTRUCKS...........................................................................................................12 4.3 STREET SWEEPING.........................................................................................................12 4.4 CATCH BASIN CLEANING..................................................................................................12 • 4.5 NPDES SWPPP PERMIT-RECORDS RETENTION/COVERAGE TERMINATION .................12 5.0 SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN.............................................13 5.1 RESPONSIBILITY..............................................................................................................13 5.2 FUEL/OIL STORAGE........................................................................................................14 5.3 FUEL AND OIL DELIVERY TRUCKS....................................................................................14 5.4 EQUIPMENT.....................................................................................................................14 5.5 DRUM STORAGE..............................................................................................................14 5.6 LUBRICATION/OIL MAINTENANCE.....................................................................................14 5.7 SPENT OIL......................................................................................................................15 5.8 SPECIAL OIL SPILL EQUIPMENT........................................................................................15 5.9 WASTE DISPOSAL...........................................................................................................15 6.0 SAFETY PRECAUTIONS................................................................................................................16 6.1 EMERGENCY PROCEDURES.............................................................................................16 7.0 EMERGENCY CONTACTS.............................................................................................................17 VOLUME II NPDES CONSTRUCTION GENERAL PERMIT • • NPDES General Permit for Stormwater Discharges From Construction Activities As modified effective January 8, 2009 Table of Contents PART 1: COVERAGE UNDER THIS PERMIT..........................................................2 1.1 Introduction..........................................................................................................2 1.2 Permit Area..........................................................................................................2 1.3 Eligibility.............................................................................................................2 1.4 Waivers for Certain Small Construction Activities.............................................6 PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITY......................................................................................6 2.1 How to Obtain Authorization...............................................................................6 2.2 How to Submit Your NOI..................................................:.................................7 2.3 Authorization to Discharge Date .........................................................................7 2.4 Submission Deadlines.....................................................................0.......0............ 7 2.5 Continuation of the Expired General Permit ....................................................... 8 2.6 Requiring Coverage Under an Individual Permit or an Alternative General Permit................................................................................................................... 8 PART 3: EFFLUENT LIMITS........................................................................................9 3.1 Effluent Limits to Reduce Pollutants in Stormwater Discharges............0...0....... 9 3.2 Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges.............. 12 3.3 Effluent Limits Related to Endangered Species......................................0......... 12 • 3.4 Attainment of Water Quality Standards............................................................. 12 3.5 . Consistency with Total Maximum Daily Loads................................................ 12 3.6 Maintenance of Control Measures..................................................................... 13 3.7 Training of Employees....................................................................................... 13 3.8 Applicable State,Tribal,or Local Programs ..................................................... 13 PART4: INSPECTIONS............................................................................................... 13 PART 5: STORMWATER POLLUTION PREVETNION PLANS(SWPPPs)...... 15 5.1 Stormwater Pollution Prevention Plan Framework........................0.....0............ 15 5.2 SWPPP Contents: Site and Activity Description........................................o...... 16 5.3 Description of Control Measures to Reduce Pollutant Discharges.................... 16 5.4 Non-Stormwater Discharges.................................................0.....0...0.................. 17 5.5 Documentation of Permit Eligibility Related to Endangered Species............... 17 5.6 Documentation of Permit Eligibility Related to Total Maximum Daily Loads. 18 5.7 Copy of Permit Requirements............................................................................ 18 5.8 Applicable State,Tribal, or Local Programs ..................................................... 18 5.9 Inspections......................................................................................................... 18 5.10 Maintaining an Updated Plan..............................................................0.............0 18 5.11 Signature,Plan Review and Making Plans Available ....................................... 19 5.12 Requirements for Different Types of Operators................................................20 PART 6: TERMINATION OF COVERAGE..............................................................21 6.1 Submitting a Notice of Termination..................................................................21 6.2 When to Submit a Notice of Termination..........................................................21 PART 7: RETENTION OF RECORDS.......................................................................21 Small and Large Construction Activities i PART 8: REOPENER CLAUSE...................................................................................21 8.1 Procedures for Modification or Revocation.......................................................21 8.2 Water Quality Protection...................................................................................22 8.3 Timing of Permit Modification..........................................................................22 PART 9: STANDARD PERMIT CONDITIONS........................................................22 PART 10: PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY, OR TERRITORIES..................................................................22 Appendix A- Definitions and Acronyms....................................................................A-1 Appendix B -Permit Areas Eligible for Coverage......................................................B-1 Appendix C - Endangered Species Act Review Procedures........................................C-1 Appendix D- Small Construction Waivers and Instructions.......................................D-1 Appendix E -Notice of Intent Form and Instructions..................................................E-1 Appendix F -Notice of Termination Form and Instructions........................................F-1 Appendix G - Standard Permit Conditions..................................................................G-1 • • Small and Large Construction Activities ii General Permit • National Pollutant Discharge Elimination System General Permit for Discharges from Large and Small Construction Activities In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. sea., (hereafter CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4, operators of large and small construction activities that are described in Part 1.3 of this National Pollutant Discharge Elimination System (NPDES)general permit, except for those activities excluded from authorization of discharge in Part 1.3.0 of this permit are authorized to discharge pollutants to waters of the United States in accordance with the conditions and requirements set forth herein. Permit coverage is required from the "commencement of construction activities" until "final stabilization'as defined in Appendix A. This permit shall become effective on June 30, 2008. This permit and the authorization to discharge shall expire at midnight, June 30, 2010. Signed: Stephen S.Perkins,Director,Office of Ecosystem Protection EPA Region 1 • Barbara Finaao,Director,Division of Environmental Planning and Protection EPA Region 2 Carl-Axel P.Soderberg,Division Director,Caribbean Environmental Protection Division EPA Region 2 Jon M.Capacasa,Director,Water Protection Division ' EPA Region 3 Tinka Hyde,Director,Water Division EPA Region 5 Miguel 1.Flores,Director,Water Quality Protection Division EPA Region 6 William A.Spratlin,Director,Water,Wetlands and Pesticides Division EPA Region 7 Stephen S.Tuber,Assistant Regional Administrator,Office of Partnerships&Regulatory Assistance EPA Region 8 Alexis Strauss,Director,Water Division EPA Region 9 Michael Gearheard,Director,Office of Water and Watersheds EPA Region 10 The signatures are for the permit conditions in Parts I through 10 and Appendices A through G, and for any additional conditions which apply to facilities located in the • corresponding state, Indian country, or other area. Small and Large Construction Activities 1 General Permit • PART 1: COVERAGE UNDER THIS PERMIT 1.1 Introduction This Construction General Permit(CGP)authorizes stormwater discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre,where those discharges enter surface waters of the United States or a municipal separate storm sewer system (MS4) leading to surface waters of the United States subject to the conditions set forth in this permit. This permit also authorizes stormwater discharges from any other construction activity designated by EPA where EPA makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to waters of the United States.This permit replaces the permit issued in 2003 (68 FR 39087,July 1,2003), including the modification made to that permit in 2004 (69 FR 76743, December 22, 2004). This permit is presented in a reader-friendly, plain language format.This permit uses the terms"you"and"your"to identify the person(s) who owns or operates a"facility"or "activity"as defined in Appendix A and who must comply with the conditions of this permit.This format should allow you,the permittee and operator of a large or small construction activity, to easily locate and understand applicable requirements. The goal of this permit is to minimize the discharge of stormwater pollutants from • construction activity. 1.2 Permit Area If your large or small construction activity is located within the areas listed in Appendix B, you may be eligible to obtain coverage under this permit. Permit coverage is actually provided by legally separate and distinctly numbered permits covering each of the areas listed in Appendix B. 1.3 Eligibility Permit eligibility is limited to discharges from "large"and"small'construction activity, and to"new projects"and"unpermitted ongoing projects,"as defined in Appendix A or as otherwise designated by EPA. This general permit contains eligibility restrictions, as well as permit conditions and requirements. You may have to take certain actions to be eligible for coverage under this permit. In such cases,you must continue to satisfy those eligibility provisions to maintain permit authorization. If you do not meet the requirements that are a pre-condition to eligibility, then resulting discharges constitute unpermitted discharges. By contrast, if you eligible for coverage under this permit and do not comply with the requirements of the general permit, you may be in violation of the general permit for your otherwise eligible discharges. A. Allowable Stormwater Discharges Subject to compliance with the terms and conditions of this permit, you are authorized to discharge pollutants in: • Small and Large Construction Activities 2 General Permit • 1. Stormwater discharges associated with large and small construction activity from "new projects"and "unpermitted ongoing projects"as defined in Appendix A; 2. Stormwater discharges designated by EPA as needing a stormwater permit under 40 CFR §122.26(a)(1)(v)or§I22.26(b)(15)(ii); 3. Discharges from support activities(e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas)provided: a. The support activity is directly related to the construction site required to have NPDES permit coverage for discharges of stormwater associated with construction activity; b. The support activity is not a commercial operation serving multiple unrelated construction projects by different operators, and does not operate beyond the completion of the construction activity at the last construction project it supports; and c. Pollutant discharges from support activity areas are minimized in compliance with Part 3.1.G; and 4. Discharges composed of allowable discharges listed in LIA and 1.3.B commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization. B. Allowable Non-Slormwaler Discharges You are authorized for the following non-stormwater discharges, provided the non- stormwater component of the discharge is in compliance with Part 5.4 (Non-Stormwater Discharges): 1. Discharges from fire-fighting activities; 2. Fire hydrant flushings; 3. Waters used to wash vehicles where detergents are not used; 4. Water used to control dust in accordance with Part 3.1.13; 5. Potable water including uncontaminated water line flushings; 6. Routine external building wash down that does not use detergents; 7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; 8. Uncontaminated air conditioning or compressor condensate; 9. Uncontaminated ground water or spring water; 10. Foundation or footing drains where flows are not contaminated with process materials such as solvents; 11. Uncontaminated excavation dewatering; 12. Landscape irrigation. C. Limitations on Coverage 1. This permit does not authorize post-construction discharges that originate from the site after construction activities have been completed and the site has achieved final stabilization, including any temporary support activity. Post-construction • Small and Large Construction Activities 3 General Permit • stormwater discharges from industrial sites may need to be covered by a separate NPDES permit. 2. This permit does not authorize discharges mixed with non-stormwater. This exclusion does not apply to discharges identified in Part 1.3.13, provided the discharges are in compliance with Part 5.4 (Non-Stormwater Discharges). 3. This permit does not authorize stormwater discharges associated with construction activity that have been covered under an individual permit or required to obtain coverage under an alternative general permit in accordance with Part 2.6. 4. This permit does not authorize discharges that EPA, prior to authorization under this permit, determines 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 in accordance with Part 2.6. However, EPA may authorize your coverage under this permit after you have included appropriate controls and implementation procedures in your permit designed to bring your discharge into compliance with water quality standards. 5. Discharging into Receiving Waters With an Approved or Established Total Maximum Daily Load Analysis a. You are not eligible for coverage under this permit for discharges of pollutants of concern to waters for which there is a total maximum daily load(TMDL) established or approved by EPA unless implement measures or controls that • are consistent with the assumptions and requirements of such TMDL.To be eligible for coverage under this general permit, you must implement conditions applicable to your discharges necessary for consistency with the assumptions and requirements of such TMDL. If a specific wasteload allocation has been established that would apply to your discharge, you must implement necessary steps to meet that allocation. b. In a situation where an EPA-approved or established TMDL has specified a general wasteload allocation applicable to construction stormwater discharges, but no specific requirements for construction sites have been identified in the TMDL,you should consult with the State or Federal TMDL authority to confirm that meeting the effluent limits in Part 3 of this permit will be consistent with the approved TMDL. Where an EPA-approved or established TMDL has not specified a wasteload allocation applicable to construction stormwater discharges, but has not specifically excluded these discharges, compliance with the effluent limits in Part 3 of this permit will generally be assumed to be consistent with the approved TMDL. If the EPA-approved or established TMDL specifically precludes such discharges,the operator is not eligible for coverage under the CGP. 6. Endangered and Threatened Species and Critical Habitat Protection a. Coverage under this permit is available only if your stormwater discharges, allowable non-stormwater discharges,and stormwater discharge-related activities, as defined in Appendix A,are not likely to jeopardize the continued existence of any species that are federally-listed as endangered or threatened • ("listed") under the Endangered Species Act(ESA)or result in the adverse Small and Large Construction Activities 4 General Permit • modification or destruction of habitat that is federally-designated as critical under the ESA("critical habitat"). b. You are not eligible to discharge if the stormwater discharges,allowable non- stormwater discharges, or stormwater discharge-related activities would cause a prohibited"take"of federally-listed endangered or threatened species(as defined under section 3 of the ESA and 50 CFR 17.3), unless such takes are authorized under sections 7 or 10 of the ESA. c. Determining Eligibility: You must use the process in Appendix C (ESA Review Procedures)to determine eligibility PRIOR to submittal of the Notice of Intent(NOI). You must meet one or more of the following six criteria(A- F) for the entire term of coverage under the permit: Criterion A. No federally-listed threatened or endangered species or their designated critical habitat are in the project area as defined in Appendix C; or Criterion B. Formal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded and that consultation: i. Addressed the effects of the project's stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and • ii. The consultation resulted in either: a. Biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federally- designated critical habitat, or b. Written concurrence from the Service(s)with a finding that the stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat; or Criterion C. Informal consultation with the Fish and Wildlife Service and/or the National Marine Fisheries Service under section 7 of the ESA has been concluded and that consultation: i. Addressed the effects of the project's stormwater discharges, allowable non-stormwater discharges, and stormwater discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and ii. The consultation resulted in either: a. Biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federally- designated critical habitat, or b. Written concurrence from the Service(s)with a finding that the stormwater discharges, allowable non-stormwater • discharges, and stormwater discharge-related activities are Small and Large Construction Activities 5 General Permit • not likely to adversely affect federally-listed species or federally-designated critical habitat; or Criterion D. The construction activities are authorized through the issuance of a permit under section 10 of the ESA, and that authorization addresses the effects of the stormwater discharges, allowable non- stormwater discharges,and stormwater discharge-related activities on federally-listed species and federally-designated critical habitat; or Criterion E. Stormwater discharges,allowable non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect any federally-listed threatened or endangered species or result in the destruction or adverse modification of federally- designated critical habitat; or Criterion F. The project's stormwater discharges,allowable non-stormwater discharges, and stormwater discharge-related activities were already addressed in another operator's valid certification of eligibility under Criteria A-E which included your construction activities and there is no reason to believe that federally-listed species or federally-designated critical habitat not considered in the prior certification may be present or located in the project area. By certifying eligibility under this criterion,you agree to comply with any measures or controls upon which the other operator's • certification was based. You must comply with any applicable terms,conditions, or other requirements developed in the process of meeting the eligibility requirements of the criteria in this section to remain eligible for coverage under this permit. 7. Historic Properties [Reserved] You are reminded that you must comply with applicable state,tribal and local laws concerning the protection of historic properties and places. 1.4 . Waivers for Certain Small Construction Activities Three scenarios exist under which small construction activities(see definition in Appendix A) may be waived from the NPDES permitting requirements detailed in this general permit. These exemptions are predicated on certain criteria being met and proper notification procedures being followed. Details of the waiver options and procedures for requesting a waiver are provided in Appendix D. PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITY 2.1 How to Obtain Authorization To obtain coverage under this general permit,you, the operator, must prepare and submit a complete and accurate Notice of Intent(NOI),as described in this Part. Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for • permit coverage. Small and Large Construction Activities 6 General Permit • 2.2 How to Submit Your NOI You must either use EPA's electronic NOI system (accessible at www.epa.gov/nodes/eNO1 or use a paper form (included in Appendix E) and then submit that paper form to: For Regular U.S. Mail Delivery: For Overnight/Express Mail Delivery EPA Stormwater Notice Processing EPA Stormwater Notice Processing Center Center Mail Code 4203M Room 7420 U.S. EPA U.S. EPA 1200 Pennsylvania Avenue,NW 1201 Constitution Avenue,NW Washington, DC 20460 Washington, DC 20004 2.3 Authorization to Discharge Date You are authorized to discharge stormwater from construction activities under the terms and conditions of this permit seven (7)calendar days after acknowledgment of receipt of your complete NOI is posted on EPA's NPDES website http://www.epa.gov/npdes/stormwater/cgp. The exception to this 7-day timeframe is if EPA delays your authorization based on eligibility considerations of Part 1.3 (e.g., ESA concerns). Under this circumstance, you are not authorized for coverage under this permit • until you receive notice from EPA of your eligibility. 2.4 Submission Deadlines A. New Projects: To obtain coverage under this permit, you must submit a complete and accurate NOI and be authorized consistent with Part 2.3 prior to your commencement of construction activities. B. Permitted Ongoing Projects: Permitted ongoing projects are not eligible for coverage under this permit. If you previously received authorization to discharge for your project under the 2003 CGP, your authorization will be automatically continued under that permit until the expiration of this permit and the issuance of a new CGP, or the termination of coverage by you under the 2003 CGP, whichever is earlier.Note: If you are an operator of a permitted ongoing project and you transfer ownership of the project or a portion thereof,to a different operator,that operator will be required to submit a complete and accurate NOI for a new project in accordance with Part 2.2. C. Unpermitted Ongoing Projects: If you previously did not receive authorization to discharge for your project under the 2003 CGP and you wish to obtain coverage under this permit, you must submit an NO1 within 90 days of the issuance date of this permit. • Small and Large Construction Activities 7 General Permit • D. Late Notifications: Operators are not prohibited from submitting NOIs after initiating clearing, grading, excavation activities, or other construction activities. When a late NOI is submitted, authorization for discharges occurs consistent with Part 2.3.The Agency reserves the right to take enforcement action for any unpermitted discharges that occur between the commencement of construction and discharge authorization. 2.5 Continuation of the Expired General Permit If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and remain in force and effect. If you were granted permit coverage prior to the expiration date, you will automatically remain covered by the continued permit until the earliest of: A. Reissuance or replacement of this permit, at which time you must comply with the conditions of the new permit to maintain authorization to discharge; or B. Your submittal of a Notice of Termination; or C. Issuance of an individual permit for the project's discharges; or D. A formal permit decision by EPA to not reissue this general permit, at which time you must seek coverage under an alternative general permit or an individual permit. • 2.6 Requiring Coverage Under an Individual Permit or an Alternative General Permit A. EPA may require you to apply for and/or obtain either an individual NPDES permit or coverage under an alternative NPDES general permit. Any interested person may petition EPA to take action under this paragraph. If EPA requires you to apply for an individual NPDES permit, EPA will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and an application form. In addition, if you are an existing permittee covered under this permit,the notice will set a deadline to file the application, and will include a statement that on the effective date of issuance or denial of the individual NPDES permit or the coverage or denial of coverage under the alternative general permit as it applies to you, coverage under this general permit will automatically terminate.Applications must be submitted to EPA at the applicable EPA Regional offices listed in Appendix B of this permit. EPA may grant additional time to submit the application upon your request. If you are covered under this permit and you fail to submit in a timely manner an individual NPDES permit application as required by EPA,then the applicability of this permit to you is automatically terminated at the end of the day specified by EPA as the deadline for application submittal. B. You may request to be excluded from coverage under this general permit by applying for an individual permit. In such a case, you must submit an individual application in accordance with the requirements of40 CFR §122.26(c)(1)(ii), with reasons • supporting the request, to EPA at the applicable EPA Regional office listed in Small and Large Construction Activities 8 General Permit • Appendix B of this permit. The request may be granted by issuance of an individual permit or coverage under an alternative general permit if your reasons are adequate to support the request. C. When an individual NPDES permit is issued to you (as an entity that is otherwise subject to this permit), or you are authorized to discharge under an alternative NPDES general permit, the applicability of this permit to you is automatically terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit,whichever the case may be. If you (as an entity that is otherwise subject to this permit) are denied an individual NPDES permit or an alternative NPDES general permit,the applicability of this permit to you is automatically terminated on the date of such denial, unless otherwise specified by EPA. PART 3: EFFLUENT LIMITS This section includes technology-based and water quality-based effluent limits that apply to all dischargers, unless otherwise specified. You must select, install, and maintain control measures(e.g., Best Management Practices(`BMPs"), controls, practices, etc.) for each major construction activity, identified in your Part 5 project description,to meet these effluent limits.All control measures must be properly selected, installed, and maintained in accordance with any relevant manufacturer specifications and good engineering practices. You must implement the control measures from commencement of • construction activity until final stabilization is complete. The term "minimize"as used in Part 3 means reduce and/or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practice. 3.1 Effluent Limits to Reduce Pollutants in Stormwater Discharges You must implement control measures to minimize pollutants in stormwater discharges. A. Sediment Controls: You must implement the following, where applicable: 1. Sediment Basins: For common drainage locations that serve an area with 10 or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from the drainage area from a 2-year, 24-hour storm, or equivalent control measures, must be provided where attainable until final stabilization of the site. Where no such calculation has been performed, a temporary(or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures,must be provided where attainable until final stabilization of the site. When computing the number of acres draining into a common location, it is not necessary to include flows from offsite areas and flows from on-site areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. In determining whether installing a • sediment basin is attainable, the operator may consider factors such as site soils, Small and Large Construction Activities 9 General Permit • slope, available area on-site, etc. In any event, the operator must consider public safety,especially as it relates to children, as a design factor for the sediment basin, and alternative sediment controls must be used where site limitations would preclude a safe design. 2. For drainage locations which serve 10 or more disturbed acres at one time and where a temporary sediment basin or equivalent controls is not attainable, smaller sediment basins and/or sediment traps should be used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries(and for those side slope boundaries deemed appropriate as dictated by individual site conditions). 3. For drainage locations serving less than 10 acres, smaller sediment basins and/or sediment traps should be used.At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries(and for those side slope boundaries deemed appropriate as dictated by individual site conditions)of the construction area unless a sediment basin providing storage for a calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of storage per acre drained is provided. B. Off-Site Sediment Tracking and Dust Control: You must minimize off-site vehicle tracking of sediments onto paved surfaces and the generation of dust. If sediment • escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off-site impacts. C. Runoff Management: You must divert flows from exposed soils, retain/detain flows or otherwise minimize runoff and the discharge of pollutants from exposed areas of the site. You must avoid placement of structural practices in floodplains to the degree technologically and economically practicable and achievable. D. Erosive Velocity Control: You must place velocity dissipation devices at discharge locations and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected(e.g., no significant changes in the hydrological regime of the receiving water). E. Post-Construction Stormwater Management. You must comply with any applicable federal, local, state,or tribal requirements regarding the design and installation of post-construction stormwater controls. Structural measures should be placed on upland soils to the degree practicable and achievable. F. Construction and Waste Materials: You must: 1. Prevent the discharge of solid materials, including building materials,to waters of the United States, except as authorized by a permit issued under section 404 of the CWA; • Small and Large Construction Activities 10 General Permit • 2. Minimize exposure of construction and waste materials to stormwater, and the occurrence of spills,through the use of storage practices, prevention and response practices, and other controls; 3. Prevent litter, construction debris, and construction chemicals(e.g., diesel fuel, hydraulic fluids, and other petroleum products)that could be exposed to stormwater from becoming a pollutant source in stormwater discharges. G. Non-Construction Wastes: You must minimize pollutant discharges from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants). H. Erosion Control and Stabilization: 1. General Requirements: You must stabilize the site. You must ensure that existing vegetation is preserved where possible and that disturbed portions of the site are stabilized.You should avoid using impervious surfaces for stabilization. 2. Initiation Deadlines: You must initiate stabilization measures,except as provided below, as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. i. Where stabilization by the 14th day is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as • practicable. ii. Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 14 days,temporary stabilization measures do not have to be initiated on that portion of the site. iii. In arid, semiarid, and drought-stricken areas where initiating perennial vegetative stabilization measures is not possible within 14 days after construction activity has temporarily or permanently ceased, final vegetative stabilization measures must be initiated as soon as practicable. I. Spills/Releases in Excess of Reportable Quantities: You are not authorized to discharge hazardous substances or oil resulting from an on-site spill. This permit does not relieve you of the federal reporting requirements of 40 CFR Part 110,40 CFR Part 117 and 40 CFR Part 302 relating to spills or other releases of oils or hazardous substances. Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110,40 CFR Part 117 or 40 CFR Part 302, occurs during a 24-hour period: • you must provide notice to the National Response Center(NRC) (800-424-8802; in the Washington, DC, metropolitan area call 202-267-2675) in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 as soon as site staff have knowledge of the discharge; and • Small and Large Construction Activities 1 I General Permit • • you must, within 7 calendar days of knowledge of the release, provide a description of the release, the circumstances leading to the release,and the date of the release. You must also implement measures to prevent the reoccurrence of such releases and to respond to such releases. 3.2 Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges You must minimize any non-stormwater discharges authorized by this permit. 3.3 Effluent Limits Related to Endangered Species You must protect federally-listed endangered or threatened species, or federally- designated critical habitat to maintain eligibility under Part 1.3.C.6. 3.4 Attainment of Water Quality Standards A. You must select, install, implement and maintain control measures at your construction site that minimize pollutants in the discharge as necessary to meet applicable water quality standards. In general, except in situations explained in Part 3.4.13 below, your stormwater controls developed, implemented, and updated consistent with the other provisions of Part 3 are considered as stringent as necessary to ensure that your discharges do not cause or contribute to an excursion above any applicable water quality standard. B. At any time after authorization, EPA may determine that your stormwater discharges • may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. If such a determination is made, EPA will require you to: i. Modify your stormwater controls in accordance with Part 3.6 to address adequately the identified water quality concerns; ii. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or iii. Cease discharges of pollutants from construction activity and submit an individual permit application according to Part 2.6. All written responses required under this part must include a signed certification consistent with Appendix G, Section 11. 3.5 Consistency with Total Maximum Daily Loads If you are discharging into a water with an EPA established or approved TMDL, you must implement measures to ensure that your discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including any specific wasteload allocation that has been established that would apply to your discharge. See Part 1.3.C.5 for further information on determining permit eligibility related to TMDLs. • Small and Large Construction Activities 12 General Permit • 3.6 Maintenance of Control Measures A. You must maintain all control measures and other protective measures in effective operating condition. If site inspections required by Part 4 identify BMPs that are not operating effectively, you must perform maintenance as soon as possible and before the next storm event whenever practicable to maintain the continued effectiveness of stormwater controls. B. If existing BMPs need to be modified or if additional BMPs are necessary for any reason,you must complete implementation before the next storm event whenever practicable. If implementation before the next storm event is impracticable, you must implement alternative BMPs as soon as possible. C. You must remove sediment from sediment traps or sedimentation ponds when design capacity has been reduced by 50 percent. D. You must remove trapped sediment from a silt fence before the deposit reaches 50 percent of the above-ground fence height(or before it reaches a lower height based on manufacturer's specifications). 3.7 Training of Employees You must train employees and subcontractors as necessary to make them aware of the applicable control measures implemented at the site so that they follow applicable • procedures. 3.8 Applicable State,Tribal,or Local Programs You must ensure that the stormwater controls implemented at your site are consistent with all applicable federal, state,tribal, or local requirements for soil and erosion control and stormwater management. PART 4: INSPECTIONS A. Inspection Frequency: You must conduct inspections in accordance with one of the two schedules listed below. You must specify in your S WPPP which schedule you will be following. 1. At least once every 7 calendar days, OR 2. At least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. B. Case-by-Case Reductions in Inspection Frequency: You may reduce your inspection frequency to at least once every month if: 1. The entire site is temporarily stabilized, 2. Runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or the ground is frozen), or 3. Construction is occurring during seasonal and periods in and areas and semi-arid areas. • Small and Large Construction Activities 13 General Permit • C. Inspection Waiver for Frozen Conditions: A waiver of the inspection requirements is available until one month before thawing conditions are expected to result in a discharge if all of the following requirements are met: 1. The project is located in an area where frozen conditions are anticipated to continue for extended periods of time(i.e., more than one month); 2. Land disturbance activities have been suspended;and 3. The beginning and ending dates of the waiver period are documented in the SWPPP. D. Qualified Personnel: Inspections must be conducted by qualified personnel (provided by the operator or cooperatively by multiple operators). "Qualified personnel'means a person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of stormwater discharges from the construction activity. E. Scope oflnspections: Inspections must include all areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. Inspectors must look for evidence of, or the potential for, pollutants entering the stormwater conveyance system. Sedimentation and erosion control measures must be observed to ensure proper operation. Discharge locations must be • inspected to ascertain whether erosion control measures are effective in preventing significant impacts to waters of the United States, where accessible. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. F. Reductions in Scope of Inspections for Stabilized Areas: Once a definable area has been finally stabilized, no further inspection requirements apply to that portion of the site(e.g., earth-disturbing activities around one of three buildings in a complex are done and the area is finally stabilized, one mile of a roadway or pipeline project is done and finally stabilized, etc). G. Utility Line Inspections: Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may limit the access of inspection personnel to the areas described in Part 4.E above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected on the same frequencies as other construction projects, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right- of-way, or other similar feature intersects the construction site and allows access to the areas described above. The conditions of the controls along each inspected 0.25 • mile segment may be considered as representative of the condition of controls along Small and Large Construction Activities 14 General Permit • that reach extending from the end of the 0.25 mile segment to either the end of the next 0.25 mile inspected segment, or to the end of the project, whichever occurs first. H. Inspection Report: For each inspection required above, you must complete an inspection report. At a minimum,the inspection report must include: I. The inspection date; 2. Names,titles, and qualifications of personnel making the inspection; 3. Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event(in inches), and whether any discharges occurred; 4. Weather information and a description of any discharges occurring at the time of the inspection; 5. Location(s)of discharges of sediment or other pollutants from the site; 6. Location(s)of BMPs that need to be maintained; 7. Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; 8. Location(s)where additional BMPs are needed that did not exist at the time of inspection; and 9. Corrective action required including implementation dates. The inspection report must be signed in accordance with Appendix G, Section 1 I of this permit. PART 5: STORMWATER POLLUTION PREVETNION PLANS(SWPPPs) 5.1 Stormwater Pollution Prevention Plan Framework You must prepare a SWPPP before submitting your Notice of Intent(NOI) for permit coverage. At least one SWPPP must be developed for each construction project covered by this permit and the stormwater controls implemented at your site must be documented in the SWPPP. If you prepared a SWPPP for coverage under a previous NPDES permit, you must review and update the SWPPP prior to submitting your NOI. The SWPPP does not contain effluent limitations;the technology and water quality-based effluent limitations are contained in Part 3 of this permit. The SWPPP is intended to document the selection, design, installation, and implementation of control measures that are being used to comply with the effluent limitations set forth in Part 3. The SWPPP must: 1. Identify all potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site;and 2. Describe control measures to be used to meet the effluent limits set forth in Part 3. • Small and Large Construction Activities 15 General Permit • 5.2 SWPPP Contents: Site and Activity Description A. Construction Site Operators: The SWPPP must identify all operators for the project site, and the areas of the site over which each operator has control. B. Nature o ConstructionActivi : The SWPPP briefly f Activity: must describe the nature of the Y construction activity, including: 1. The function of the project(e.g., low density residential, shopping mall, highway, etc.); 2. The intended sequence and timing of activities that disturb soils at the site; 3. Estimates of the total area expected to be disturbed by excavation,grading, or other construction activities, including dedicated off-site borrow and fill areas; and 4. A general location map(e.g., USGS quadrangle map, a portion of a city or county map,or other map)with enough detail to identify the location of the construction site and waters of the United States within one mile of the site. C. Site Map: The SWPPP must contain a legible site map, showing the entire site, identifying: 1. Direction(s)of stormwater flow and approximate slopes anticipated after grading activities; 2. Areas of soil disturbance and areas that will not be disturbed (or a statement that all areas of the site will be disturbed unless otherwise noted); • 3. Locations of major structural and nonstructural BMPs identified in the SWPPP; 4. Locations where stabilization practices are expected to occur; 5. Locations of off-site material,waste, borrow or equipment storage areas; 6. Locations of all waters of the United States(including wetlands); 7. Locations where stormwater discharges to a surface water; and 8. Areas where final stabilization has been accomplished and no further construction-phase permit requirements apply. D. Construction and Waste Materials: The SWPPP must include a description of construction and waste materials expected to be stored on-site with updates as appropriate. E. Locations of Other Industrial Stormwater Discharges: The SWPPP must describe and identify the location and description of any stormwater discharge associated with industrial activity other than construction at the site.This includes stormwater discharges from dedicated asphalt plants and dedicated concrete plants that are covered by this permit. 5.3 Description of Control Measures to Reduce Pollutant Discharges A. Control Measures: The SWPPP must include a description of all control measures that will be implemented to meet the effluent limits in Part 3. For each major activity identified in the project description the SWPPP must clearly document appropriate control measures,the general sequence during the construction process in which the • Small and Large Construction Activities 16 General Permit measures will be implemented, and which operator is responsible for the control measure's implementation. B. Stabilization: The SWPPP must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. C. Post Authorization Records: The following records must be maintained with the SWPPP following authorization under this permit: 1. Dates when grading activities occur; 2. Dates when construction activities temporarily or permanently cease on a portion of the site; and 3. Dates when stabilization measures are initiated. 5.4 Non-Stormwater Discharges The SWPPP must identify all allowable sources of non-stormwater discharges listed in Part 1.3.13 of this permit, except for flows from fire fighting activities that are combined with stormwater discharges associated with construction activity at the site.The SWPPP must also describe the pollution prevention measures used to eliminate or reduce non- stormwater discharges consistent with Part 3.2. 5.5 Documentation of Permit Eligibility Related to Endangered Species • The SWPPP must include documentation supporting a determination of permit eligibility with regard to Endangered Species, including: A. Information on whether federally-listed endangered or threatened species, or federally-designated critical habitat may be in the project area; B. Whether such species or critical habitat may be adversely affected by stormwater discharges or stormwater discharge-related activities from the project; C. Results of the Appendix C listed species and critical habitat screening determinations; D. Confirmation of delivery of NOI to EPA or to EPA's electronic NOI system.This may include an overnight,express or registered mail receipt acknowledgment; or electronic acknowledgment from EPA's electronic NOI system; E. Any correspondence for any stage of project planning between the U.S. Fish and Wildlife Service(FWS), EPA,the U.S.National Marine Fisheries Service(NMFS), or others and you regarding listed species and critical habitat, including any notification that delays your authorization to discharge under this permit; and F. A description of measures necessary to protect federally-listed endangered or threatened species, or federally-designated critical habitat. • Small and Large Construction Activities 17 General Permit • 5.6 Documentation of Permit Eligibility Related to Total Maximum Daily Loads The SWPPP must include documentation supporting a determination of permit eligibility with regard to waters that have an EPA-established or approved TMDL, including: A. Identification of whether your discharge is identified, either specifically or generally, in an EPA-established or approved TMDL and any associated allocations, requirements, and assumptions identified for your discharge; B. Summaries of consultation with State or Federal TMDL authorities on consistency of SWPPP conditions with the approved TMDL, and C. Measures taken by you to ensure that your discharge of pollutants from the site is consistent with the assumptions and requirements of the EPA-established or approved TMDL, including any specific wasteload allocation that has been established that would apply to your discharge. See Part 1.3.C.5 for further information on determining permit eligibility related to TMDLs. 5.7 Copy of Permit Requirements Copies of this permit and of the signed and certified NOI form that was submitted to EPA must be included in the SWPPP. Also, upon receipt, a copy of the letter from the EPA • Stormwater Notice Processing Center notifying you of their receipt of your administratively complete NOI must also be included as a component of the SWPPP. 5.8 Applicable State,Tribal, or Local Programs The SWPPP must be updated as necessary to reflect any revisions to applicable federal, state, tribal, or local requirements that affect the stormwater controls you implement at your site. 5.9 Inspections A record of each inspection and of any actions taken in accordance with Part 4 must be retained with the SWPPP for at least three years from the date that permit coverage expires or is terminated.The inspection reports must identify any incidents of non- compliance with the permit conditions. Where a report does not identify any incidents of non-compliance,the report must contain a certification that the construction project or site is in compliance with this permit. 5.10 Maintaining an Updated Plan The SWPPP must be modified: A. To reflect modifications to stormwater control measures made in response to a change in design, construction, operation, or maintenance at the construction site that has or could have a significant effect on the discharge of pollutants to the waters of the United States that has not been previously addressed in the SWPPP. • Small and Large Construcdon Activities 18 General Permit • B. If during inspections or investigations by site staff, or by local, state, tribal or federal officials, it is determined that the existing stormwater controls are ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the construction site. C. Based on the results of an inspection, as necessary to properly document additional or modified BMPs designed to correct problems identified. Revisions to the SWPPP must be completed within seven (7) calendar days following the inspection. 5.11 Signature,Plan Review and Making Plans Available A. Retention of SWPPP: A copy of the SWPPP (including a copy of the permit),NOI, and acknowledgement letter from EPA must be retained at the construction site(or other location easily accessible during normal business hours to EPA, a state, tribal or local agency approving sediment and erosion plans, grading plans, or stormwater management plans; local government officials;the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service) from the date of commencement of construction activities to the date of final stabilization. If you have day-to-day operational control over SWPPP implementation, you must have a copy of the SWPPP available at a central location on-site for the use of all those identified as having responsibilities under the SWPPP whenever they are on the construction site. If an on-site location is unavailable to store the SWPPP when no personnel are • present, notice of the plan's location must be posted near the main entrance at the construction site. B. Main Entrance Signage: A sign or other notice must be posted conspicuously near the main entrance of the construction site. If displaying near the main entrance is infeasible,the notice can be posted in a local public building such as the town hall or public library.The sign or other notice must contain the following information: l. A copy of the completed Notice of Intent as submitted to the EPA Stormwater Notice Processing Center; and 2. If the location of the SWPPP or the name and telephone number of the contact person for scheduling SWPPP viewing times has changed(i.e., is different than that submitted to EPA in the NOI), the current location of the SWPPP and name and telephone number of a contact person for scheduling viewing times. For linear projects,the sign or other notice must be posted at a publicly accessible location near the active part of the construction project(e.g.,where a pipeline project crosses a public road). C. Availability ofSWPPP: SWPPPs must be made available upon request by EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans,or stormwater management plans; local government officials;the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor.The copy of the SWPPP that is required to be kept on-site or • Small and Large Construction Activities 19 General Permit • locally available must be made available, in its entirety, to the EPA staff for review and copying at the time of an on-site inspection. D. Signature and Certification: All S WPPPs must be signed and certified in accordance with Appendix G, Section 11. 5.12 Requirements for Different Types of Operators You may meet one or both of the operational control components in the definition of operator found in Appendix A. Part 5.12.0 applies to all permittees having control over only a portion of a construction site. A. If you have operational control over construction plans and specifications,you must ensure that: 1. The project specifications meet the minimum requirements of this Part and all other applicable permit conditions; 2. The SWPPP indicates the areas of the project where the operator has operational control over project specifications, including the ability to make modifications in specifications; 3. All other permittees implementing portions of the SWPPP(or their own SWPPP) who may be impacted by a change to the construction plan are notified of such changes in a timely manner; and 4. The SWPPP indicates the name of the party(ies)with day-to-day operational • control of those activities necessary to ensure compliance with the SWPPP or other permit conditions. B. If you have operational control over day-to-day activities, you must ensure that: 1. The SWPPP meets the minimum requirements of this Part and identifies the parties responsible for implementation of control measures identified in the plan; 2. The SWPPP indicates areas of the project where you have operational control over day-to-day activities; 3. The SWPPP indicates the name of the party(ies)with operational control over project specifications(including the ability to make modifications in specifications). C. If you have operational control over only a portion of a larger project(e.g., one of four homebuilders in a subdivision), you are responsible for compliance with all applicable effluent limits, terms, and conditions of this permit as it relates to your activities on your portion of the construction site, including protection of endangered species,critical habitat, and historic properties, and implementation of control measures described in the SWPPP. You must ensure either directly or through coordination with other permittees, that your activities do not render another party's pollutant discharge controls ineffective. You must either implement your portion of a common SWPPP or develop and implement your own SWPPP. For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effort by the different operators at a site to prepare and participate in a • comprehensive SWPPP is encouraged. Individual operators at a site may, but are not Small and Large Construction Activities 20 General Permit • required to, develop separate SWPPPs that cover only their portion of the project provided reference is made to other operators at the site. In instances where there is more than one S WPPP for a site, cooperation between the permittees is encouraged to ensure the stormwater discharge control measures are consistent with one another (e.g., provisions to protect listed species and critical habitat). PART 6: TERMINATION OF COVERAGE 6.1 Submitting a Notice of Termination Submit a complete and accurate Notice of Termination(NOT) either electronically (strongly encouraged)at ww-w.epa.gov/nodes/eNOI or by completing the paper Notice of Termination form included in Appendix F of this permit and submitting that form to the address listed in Part 2.2. 6.2 When to Submit a Notice of Termination You may only submit a Notice of Termination (NOT)after one or more of the following conditions have been met: A. Final stabilization has been achieved on all portions of the site for which you are responsible; • B. Another operator has assumed control according to Appendix G, Section I LC over all areas of the site that have not been finally stabilized; C. Coverage under an individual or alternative general NPDES permit has been obtained; or D. For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner. The NOT must be submitted within 30 days of one of the above conditions being met. Authorization to discharge terminates at midnight of the day the NOT is signed. PART 7: 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. PART 8: REOPENER CLAUSE 8.1 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. Small and Large Construction Activities 21 General Permit • 8.2 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 in accordance with Part 2.6 of this permit,or the permit may be modified to include different limitations and/or requirements. 8.3 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. PART 9: STANDARD PERMIT CONDITIONS The federal regulations require that the Standard Conditions provisioned at 40 CFR §122.41 be applied to all NPDES permits. You are required to comply with those Standard Conditions, details of which are provided in Appendix G. PART 10: PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY,OR TERRITORIES • The provisions of 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 federal facilities. States, Indian country, and federal facilities not included in this Part do not have any modifications or additions to the applicable conditions of this permit. A. Region 1 1. MARI00000: Commonwealth of Massachusetts, except Indian country a. State Water Quality Statutes, Regulations, and Policies: i. You must comply with the Massachusetts Clean Waters Act(Ch. 21, ss. 26-53). ii. You must comply with the conditions in 314 CMR 4.00 - Surface Water Quality Standards. iii. You must comply with the conditions in 314 CMR 3.00 - Surface Water Discharge Permit Program. iv. You must comply with the Wetlands Protection Act, Ch. 131, s.40 and its regulations, 310 CMR 10.00 and any order of Conditions issued by a Conservation Commission or a Superseding Order of Conditions issued by the Massachusetts Department of Environmental Protection. • Small and Large Construction Activities 22 General Permit • b. Department of Environmental Protection Storm Water Management Policy: i. You must comply with the Massachusetts Storm Water Management Policy, and applicable Storm Water Performance Standards, as prescribed by state regulations promulgated under the authority of the Massachusetts Clean Waters Act, MGL Ch. 21, ss. 26-53 and the Wetlands Protection Act Ch. 131, s. 40. c. Other State Environmental Laws, Regulations, Policies: i. You must comply with the Massachusetts Endangered Species Act [MESA] (MGL Ch. 313A and regulations at 321 CMR 10.00) and any actions undertaken to comply with this storm water permit, shall not result in non- compliance with the MESA. ii. You must not conduct activities under this permit that will interfere with implementation of mosquito control work conducted in accordance with Chapter 252 including, s. 5A thereunder and MassDEP Guideline Number BRP GO1-02, West Nile Virus Application of Pesticides to Wetland Resource Areas and Buffer Zones, and Public Water Systems. d. Other Department Directives: i. The Department may require you to perform water quality monitoring during the permit term if monitoring is necessary for the protection of public health or the environment as designated under the authority at 314 CMR 3.00. • ii. The Department may require you to provide measurable verification of the effectiveness of BMPs and other control measures in your management program, including water quality monitoring. iii. The Department has determined that compliance with this permit does not protect you from enforcement actions deemed necessary by the Department under its associated regulations to address an imminent threat to the public health or a significant adverse environmental impact which results in a violation of the Massachusetts Clean Waters Act, Ch.21, ss. 26-53. iv. The Department reserves the right to modify the 401 Water Quality Certification if any changes, modifications or deletions are made to the general permit. In addition, the Department reserves the right to add and/or alter the terms and conditions of its 401 Water Quality Certification to carry out its responsibilities during the term of this permit with respect to water quality, including any revisions to 314 CMR 4.00, Surface Water Quality Standards. e. Permit Compliance i. Should any violation of the Massachusetts Surface Water Quality Standards (314 CMR 4.00)or the conditions of this certification occur,the Department will direct you to correct the violations(s). The Department has the right to take any action as authorized by the General Laws of the Commonwealth to address the violation of this permit or the MA Clean Waters Act and the regulations promulgated thereunder. Substantial civil and criminal penalties are authorized under MGL Ch. 21, s. 42 for discharging into Massachusetts' . waters in violation of an order or permit issued by this Department.This Small and Large Construction Activities 23 General Permit • certification does not relieve you of the duty to comply with other applicable Massachusetts statutes and regulations. 2. NHR100000: State of New Hampshire a. If you disturb 100,000 square feet or more of contiguous area, you must also apply for a"Significant Alteration of the Terrain Permit from DES pursuant to RSA 485-A:17 and Env-Ws 415. This requirement applies to the disturbances of only 50,000 square feet when construction occurs within the protected shoreline (see RSA 483-B and Env-Ws 1400). b. You must determine that any excavation dewatering discharges are not contaminated before they will be authorized as an allowable non-storm water discharge under this permit(see Subpart 1.3.13). The water is considered uncontaminated if there is no groundwater contamination within 1,000 feet of the discharge. Information on groundwater contamination can be generated over the Internet via the NHDES web site http://www.des.state.nh.us (One Stop Data Retrieval, Onestop Master Site Table). The web site also provides E-mail access to an NHDES Site Remediation Contact to answer questions about using the Web site. c. You must treat any uncontaminated excavation dewatering discharges as necessary to remove suspended solids and turbidity.The discharges must be sampled at a location prior to mixing with storm water at least once per week during weeks when discharges occur.The samples must be analyzed for total • suspended solids(TSS) and must meet monthly average and maximum daily TSS limitations of 50 milligrams per liter(mg/L) and 100 mg/L, respectively.TSS (a.k.a. Residue,Nonfilterable)analysis and sampling must be performed in accordance with Tables IB (parameter, units and method) and 11 (required containers, preservation techniques and holding times) in 40 CFR 136.3 (see: httn://www.access.eoo.gov/nara/efr/waisidx 02/40cfrl36 02 htmll. Records of any sampling and analysis must be maintained and kept with the SWPPP for at least three years after final site stabilization. d. During site design and preparation of the storm water pollution prevention plan (S WPPP), you must consider opportunities for groundwater recharge using on-site infiltration. The SWPPP must include a description of any on-site infiltration that will be installed as a post construction storm water management measure(see Subpart 3.4.E) or reasons for not employing such measures. For design considerations for infiltration measures see the September 2001 DES publication titled"Managing Storm Water as a Valuable Resource"which is available online at: http://www.des.state.nh.us/StormWater/construction.htm. Loss of annual recharge to groundwater should be minimized through the use of infiltration measures wherever feasible. B. Region 2—No additional requirements. C. Region 5 • 1. MNR100000: Indian Country within the State of Minnesota Small and Large Construction Activities 24 General Permit • a. Fond du Lac Band of Lake Superior Chippewa i. A copy of the Storm Water 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: 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 waters. ii. Copies of the 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. iii. 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). 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 for stormwater discharges from large and small construction activities. • iv. 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 and cold water fisheries, subsistence fishing (netting), primary contact recreation, cultural, wild rice areas, aesthetic waters, agriculture, navigation and commercial. v. Appropriate steps shall be taken to ensure that petroleum products or other chemical pollutants are prevented from entering waters of the Fond du Lac Reservation. All spills must be reported to the appropriate emergency management agency, and measures shall be taken immediately to prevent the pollution of waters of the Fond du Lac reservation, including groundwater. vi. This certification does not authorize impacts to cultural, historical, or archeological features or sites, or properties that may be eligible for such listing. b. Grand Portage Band of Lake Superior Chippewa [Coverage not yet available] 2. WIRI00000: Indian Country within the State of Wisconsin, except the Sokaogon Chippewa Community. a. No additional requirements Small and Large Construction Activities 25 General PermitI Note: Facilities within the Sokaogon Chippewa Community are not eligible for stormwater discharge coverage under this permit. Contact the Region 5 office for an individual permit application. D. Region 6 1. NMR100000:The State of New Mexico, except Indian country a. In addition to all other provisions of this permit, operators who intend to obtain authorization under this permit for all new stormwater discharges must satisfy the conditions in Part I O.C.1.b., unless a TMDL has been established for the receiving stream which specifies a waste load allocation (WLA) for construction stormwater discharges or the receiving stream is a Tier 3 water, in which case Part I O.C.I.c. applies. b. 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 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, as well as expected performance and longevity of these BMPs. BMP selection must be made based on the use of appropriate soil loss prediction models (such as SEDCAD 4.0, RUSLE, SEDIMOT II, MULTISED, etc.), or equivalent, generally accepted (by professional erosion control specialists), soil loss prediction tools. 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 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 pre- construction, pre-development conditions. The SWPPP must be prepared in accordance with good engineering practices by qualified (e.g., CPESC certified, engineers with appropriate training, etc.) 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). The operator(s) must design, implement, and maintain BMPs in the manner specified in the SWPPP. c. Operators are not eligible to obtain authorization under this permit for all new stormwater discharges to outstanding national resource waters (ONRWs) (also referred to as"Tier 3: waters). According to the Antidegradation Policy at Paragraph 3 of Subsection A of 20.6.4.8 NMAC, in part, "ONRWs may include, but are not limited to, surface waters of the state within national and state • monuments, parks, wildlife refuges, waters of exceptional recreational or Small and Large Construction Activities 26 General Permit ecological significance, and waters identified under the Wild and Scenic Rivers Act."No ONRWs exist at the time this permit is being finalized; however, during the term of the permit, if a receiving water is designated as an ONRW,the operator must obtain an individual permit for stormwater discharges from large and small construction activities. d. Stormwater discharges associated with construction activity that the State has determined to be or may reasonably be expected to be contributing to a violation of an applicable standard, including the antidegradation policy, are not authorized by this permit. Note: Upon receipt of this determination, NMED anticipates that, within a reasonable period of time, EPA will notify the general permittee to apply for and obtain an individual NPDES permit for these discharges per 40 CFR Part 122.28(b)(3). e. Inspections required under Part 4 must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. The option for inspections at least once per 7 calendar days is not available. The Inspection Waivers provided in Part 4.13 and C still apply. f. Permittees can use temporary erosion controls as described in item 3 of the Appendix A definition of"Final Stabilization' as a method for final stabilization under the permit only under the following conditions: If this option is selected, you must notify SWQB at the address listed in item g. below at the time the NOT is submitted to EPA. The information to be submitted • includes: • A copy of the NOT; • Contact information, including individual name or title, address, and phone number for the qualified (see CGP Part 4.1 O.D) party responsible for implementing the final stabilization measures; and • The date that the temporary erosion control practice was implemented (this is always prior to, and sometimes significantly prior to, submission of an NOT) and the projected timeframe that the 70%native vegetative cover requirements are expected to be met. (Note that if more than three years is required to establish 70 percent of the natural vegetative cover, this technique cannot be used or cited for fulfillment of the final stabilization requirement—you remain responsible for establishment of final stabilization) SWQB also requires that you periodically(minimum once/year) inspect and properly maintain the area until the criteria for final stabilization, as defined in Appendix A, item 3 of the CGP, have been met. You must prepare an inspection report documenting the findings of these inspections and signed in accordance with Appendix G, Section 11 of the CGP. This inspection record must be retained along with the S WPPP for three years after the NOT is submitted for the site and additionally submitted to SWQB at the address listed in item g. below. The inspections must at a minimum include the following: • Observations of all areas of the site disturbed by construction activity; • Small and Large Construction Activities 27 General Permit • • Best Management Practices(BMPs)/post-construction storm water controls must be observed to ensure they are effective; • An assessment of the status of vegetative re-establishment; and • Corrective actions required to ensure vegetative success within three years, and control of pollutants in storm water runoff from the site, including implementation dates. Signed copies of discharge monitoring reports, individual permit applications, and all other reports required by the permit to be submitted, shall also be sent to: Program Manager Point Source Regulation Section Surface Water Quality Bureau New Mexico Environment Department P.O. Box 26110 Santa Fe, NM 87502 2. NMR100001: Indian country within the State of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZRI00001 and Ute Mountain Reservation Lands that are covered under Colorado permit CORI00001 a. Pueblo ofAcoma. The following conditions apply only to facilities on or bordering the Pueblo of Acoma with discharges into or flowing into waters of the Pueblo. i. A copy of the Notice of Intent and Notice of Termination must be submitted • to the Haaku Water Office at the address below at the same time they are submitted to EPA. A copy of the storm water pollution prevention plan must be provided to the Haaku Water Office upon request. ii. HAAKU WATER OFFICE PO Box 309 Pueblo of Acoma,NM 87034 b. Pueblo of Isleta. The following conditions apply only to discharges on the Pueblo of Isleta. i. Subpart 1.3.C.4, (Eligibility, Limitations on Coverage) first sentence, is revised to read: "This permit does not authorize discharges that EPA or the Pueblo of Isleta, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard or impairment of a designated use of receiving waters." ii. Subpart 2.2. (How to Submit) is amended to require: Copies of all Notices of Intent submitted to EPA must also be sent concurrently to the Pueblo of Isleta at the following address. Discharges are not authorized by this permit unless an accurate and complete Notice of Intent has been submitted to the Pueblo of Isleta. Regular U.S. Mail Delivery Natural Resources Department • Pueblo of Isleta Small and Large Construction Activities 28 General Permit P.O. Box 1270 Isleta,NM 87022 Overnight/Express Mail Delivery Natural Resources Department Building L 11000 Broadway, SE Albuquerque,NM 87105 iii. Part 2 (Authorizations for Discharges of Storm Water from Construction Activity), second sentence, is amended to read: "Discharges are not authorized if your NOI is incomplete or inaccurate, if you failed to submit a copy of the NOI to the Pueblo of Isleta, or if you were never eligible for permit coverage. iv. Subpart 5.3 (Description of Control Measures to Reduce Pollutant Discharges), section A, last sentence, is amended to read: "For each major activity identified in the project description the SWPPP must clearly describe appropriate control measures,the general sequence during the construction process in which the measures will be implemented, and which operator is responsible for the control measure's implementation and maintenance." v. Subpart 5.7 (Copy of Permit Requirements), first sentence, is revised to read • "Copies of this permit and of the signed and certified NOI form that was submitted to the Pueblo of Isleta and EPA must be included in the SWPPP." vi. Subpart 4. (Inspections), section A is revised to read "Inspections must be conducted at least once every 7 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater." vii.Subpart 4. (Inspections), section H, last paragraph, is amended to add: "Copies of inspection reports that identify incidents of noncompliance shall be sent to Pueblo of Isleta at the address listed in Subpart 2.2."(See above) viii. Subpart 5.11. (Signature, Plan Review and Making Plans Available), section A, first sentence is amended to read: "A copy of the SWPPP(including a copy of the permit),NOI, and acknowledgement letter from EPA must be retained at the construction site (or other location easily accessible during normal business hours to the Pueblo of Isleta's Natural Resources Department, EPA, a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials;the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service) from the date of commencement of construction activities to the date of final stabilization." ix. Subpart 5.11. (Signature, Plan Review and Making Plans Available), section C. is amended to read: "SWPPPs must be made available upon request by . EPA; representatives of the Pueblo of Isleta Natural Resources Department, a state, tribal or local agency approving sediment and erosion plans, grading Small and Large Construction Activities 29 General Permit plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. The copy of the SWPPP that is required to be kept on-site or locally available must be made available, in its entirety,to the EPA staff and the Pueblo of Isleta's Natural Resources Department staff for review and copying at the time of an on-site inspection. x. Subpart 3.LA(Sediment Controls), is amended to add: "Erosion and sediment controls shall be designed to retain sediment on-site." xi. Subpart 3:1.1 (Spills/Relemes in Excess of Reportable Quantities), first bullet is amended to read: "you must provide notice to the Pueblo of Isleta Natural Resources Department(505-869-5748)and the National Response Center(NRC) (800-424-8802; in the Washington, DC, metropolitan area call 202-426—2675) in accordance with the requirements of 40 CFR Part 110,40 CFR Part 117 and 40 CFR Part 302 as soon as site staff have knowledge of the discharge; and" xii.Subpart 3.4.11 (Attainment of Water Quality Standards After Authorization), is amended to add: "You must provide the Pueblo of Isleta, at the address listed in Subpart 2.2, with a copy of the EPA notification, modifications to your storm water controls, data and certification required by EPA." • xiii. Subpart 6.1. (Submitting a Notice of Termination) is amended to add: Copies of all Notices of Termination submitted to EPA must also be sent concurrently to the Pueblo of Isleta at the following address in Subpart 2.2. xiv. Any correspondence, other than NOls and NOTs, with the Pueblo of Isleta concerning storm water discharges authorized by this permit shall sent one of the addresses in Subpart 2.2. xv. Appendix G, Section 9, first sentence is amended to read: "You must allow the Pueblo of Isleta's Natural Resources Department, EPA, or an authorized representative (including an authorized contractor acting as a representative of the Administrator), upon presentation of credentials and other documents as may be required by law,to:..." xvi. Appendix G, Section 12, subsections A- H are amended to require that when you must notify EPA of an event(e.g., planned changes, anticipated noncompliance,transfers, required reporting due to potential adverse effects or environmental impacts or other noncompliance matters),the Pueblo of Isleta must also be notified. xvii. 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 at the address specified in Subpart 2.2 at the time it is submitted to EPA. c. Ohkay Owingeh (San Juan Pueblo). The following conditions apply only to discharges on Ohkay Owinegeh. Small and Large Construction Activities 30 General Permit • i. Copies of the Notice of Intent(NOI)and Notice of Termination (NOT) must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency, at the following address. A copy of the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. Office of Environmental Affairs P.O. Box 717 Ohkay Owingeh,NM 87566 ii. Appendix G, Section 10 (Monitoring and records), item D is amended to add: "All monitoring must be conducted in accordance with the Pueblo of San Juan's Quality Assurance Project Plan." d. Pueblo ofNambe. The following conditions apply only to discharges on the Pueblo ofNambe. i. Copies of the Notice of Intent(NOI),Notice of Termination (NOT), and any analytical data must be provided to the Nambe Pueblo Department of Environment and Natural Resources (DENR) at the time it is provided to the Environmental Protection Agency, at the following address. A copy of the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. ii. All correspondence chall be sent to: . Pueblo ofNamb6 Department of Environment and Natural Resources Rt. 1 Box 117-BB Santa Fe,NM 87506 505-455-2036 ext. 120 fax: 505-455-8873 e. Pueblo ofPicuris. The following conditions apply only to discharges on the Pueblo of Picuris. i. Copies of the Notice of Intent(NOI),Notice of Termination (NOT), and any analytical data(e.g. Discharge Monitoring Reports,etc.) or any other reports must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency. A copy of the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. ii. All correspondence shall be sent to: Cordell Arellano Director, Environment Department Pueblo of Picuris PO Box 158 Penasco, NM 87553 £ Pueblo of Pojoaque. The following conditions apply only to discharges on the Pueblo of Pojoaque. i. Copies of the Notice of Intent(NOI),Notice of Termination (NOT), and any analytical data(e.g. Discharge Monitoring Reports, etc.) or any other reports must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency. A copy of documents related to the Small and Large Construction Activities 31 General Permit • Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. ii. All correspondence shall be sent to: Luke Mario Duran Director, Environment Department Pueblo of Pojoaque 5 West Gutierrez, Suite 2b Santa Fe,NM 87506 g. Pueblo of Taos. The following conditions apply only to discharges on the Pueblo of Taos. i. Copies of the Notice of Intent(NOI) and Notice of Termination (NOT) must be provided to the Taos Pueblo Governor's Office and the Taos Pueblo Environmental Office at the same time as or prior to submission to the Environmental Protection Agency. A copy of the Storm Water Pollution Prevention Plan must be provided to Pueblo environmental personnel upon request. ii. All correspondence for both the Taos Pueblo Governor's Office and the Taos Pueblo Environmental Office(same address) shall be sent to: Governor/Taos Pueblo Environmental Office (as applicable) . Taos Pueblo PO Box 1846 Taos,NM 87571 h. Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of Sandia. i. A copy of the Notice of Intent(NOI) must be provided to the Pueblo at the same, (or prior to)the time it is submitted to the Environmental Protection Agency. ii. The Pueblo of Sandia objects to use of Low Rainfall Erosivity Waivers(see Appendix D, Part A) for any small construction activities on the Pueblo, so this waiver will not be available for construction projects on the Pueblo. Permittees wishing to apply for all other waivers(see Appendix D) must provide a copy of the waiver certification or analysis to the Pueblo of Sandia Environment Department. iii. The Storm Water Pollution Prevention Plan (SWPPP) must be available to the Pueblo of Sandia 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 Tribal staff time to become familiar with the project site, prepare for construction 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 denial of the discharge or construction delay. iv. Discharges are not authorized by this permit unless and until: a. An accurate and complete NOI has been submitted to the Pueblo; . AND Small and Large Construction Activities 32 General Permit • b. An "Authorization to Proceed Letter"with any site specific mitigation requirements has been received from the Pueblo of Sandia following their review of the NOI and SWPPP and the permittee complies with all applicable requirements therein. v. Before submitting a Notice of Termination (NOT), permittees must clearly demonstrate to the Pueblo of Sandia Environment Department though a site visit or documentation that requirements for site stabilization have been met and any temporary erosion control structures have been removed (or operational control is being passed to another operator). A short letter concurring that conditions for submittal of an NOT have met will be sent to the permittee by the Pueblo. Upon receipt of this letter, and provided the all other applicable requirements of the permit are met,the permittee will be eligible to submit and NOT. vi. You must telephone the Pueblo of Sandia Environment Department at(505) 867-4533 of any noncompliance that may endanger human health or the environment within ten (10)hours of becoming aware of the circumstance. vii.All corresondance shall be sent to: Scott Bulgrin, Water Quality Manager Pueblo of Sandia 481 Sandia Loop Bemalillo,NM 87004 i. Santa Clara Pueblo. The following conditions apply only to discharges on the Santa Clara Pueblo. i. Copies of the Notice of Intent(NOI)and Notice of Termination (NOT) must be provided to the Pueblo of Santa Clara Office of Environmental Affairs when they are submitted to the Environmental Protection Agency. ii. A copy of the storm water pollution prevention plan must be made available to the Pueblo of Santa Clara Office of Environmental Affairs upon request. iii. Construction site operators must notify the Pueblo of Santa Clara Office of Environmental Affairs by telephone at(505) 753-7326 of any non- compliance discharges that may endanger human health or the environment within twenty-fout(24) hours of becoming aware of the discharge. iv. All correspondence shall be sent to: Santa Clara Office of Environmental Affairs Taos Pueblo One Kee Street PO Box 580 Espanola,NM 87532 505-753-7326 Tel 505-747-2728 Fax j. Pueblo of Tesugue. The following conditions apply only to discharges on the Pueblo ofTesuque. i. Copies of the Notice of Intent(NOI),Notice of Termination (NOT), and any analytical data(e.g. Discharge Monitoring Reports, etc.) or any other • Small and Large Construction Activities 33 General Permit • reports must be provided to the Pueblo at the time it is provided to the Environmental Protection Agency. ii. A copy of documents related to the Storm Water Pollution Prevention Plan must be provided to the Pueblo upon request. iii. All correspondence shall be sent to: Ryan Swazo-Hinds Sr. Envirionmental Technician Pueblo of Tesuque Environment Department Rt.42, Box 360-T Santa Fe,NM 87506 3. OKR10000F: 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. In accordance with Oklahoma's Water Quality Standards (OAC 785:45-5-25), Subpart 1.3.C. (Limitations on Coverage) is modified to add paragraphs 8 and 9 as follows: • "8. 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 Big Lee Creek or any water or watershed designated "ORW"(Outstanding Resource Water) in Oklahoma's Water Quality Standards, this permit may only be used to authorize discharges from temporary construction activities. Discharges from any on-going activities such as sand and gravel mining or any other mineral mining are not authorized. 9. 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 Big Lee Creek or any water or watershed designated "ORW"(Outstanding Resource Water) in Oklahoma's Water Quality Standards, this permit may not be used to authorize discharges from support activities, including concrete or asphalt batch plants, equipment staging yards, material storage areas,excavated material disposal areas, or borrow areas." 4. OKR100001: Indian country within the State of Oklahoma. a. In order to protect downstream waters subject to the state of Oklahoma's Water Quality Standards(OAC 785:45-5-25)where receiving waters flow from Indian Country to State waters, Subpart 1.3.C. (Limitations on Coverage) is modified to add paragraphs 8 and 9 as follows: "8. 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 Big Lee Creek or any water or watershed designated Small and Large Construction Activities 34 General Permit • "ORW"(Outstanding Resource Water) in Oklahoma's Water Quality Standards, this permit may only be used to authorize discharges from temporary construction activities. Discharges from any on-going activities such as sand and gravel mining or any other mineral mining are not authorized. 9. 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 Big Lee Creek or any water or watershed designated "ORW"(Outstanding Resource Water) in Oklahoma's Water Quality Standards, this permit may not be used to authorize discharges from support activities, including concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, or borrow areas" b. Pawnee Nation of Oklahoma. The following conditions apply only to discharges on the Pawnee Nation of Oklahoma. i. Copies of the Notice of Intent(NOI) and Notice of Termination (NOT) must be provided to the Pawnee Nation at the same time they are submitted to the Environmental Protection Agency. ii. A copy of the storm water pollution prevention plan must be made available to Pawnee Nation Department of Environmental Conservation and Safety upon request. iii. Construction site operators must notify the Pawnee Nation Department • of Environmental Conservation and Safety by telephone at(918) 762- 3655 immediately of any non-compliance with any provision of the permit conditions. iv. All correspondence shall be sent to: Pawnee Nation Department of Environmental Conservation and Safety PO Box 470 Pawnee, OK 74058 5. TXR10000F: Discharges in the State of Texas that are not under the authority of the Texas Commission on Environmental Quality, 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. NOTE: This permit does not create an obligation to obtain a permit where such obligation does not already exist under federal statute or regulation. For more information on the Clean Water Act §§ 402(I)(2) permitting exemption for uncontaminated discharges of storm water from oil and gas exploration, production, processing, or treatment operations or transmission facilities, visit: http://c$ub.ei)a.eov/nodes/stormwater/oi l gas.cfm D. Region 8 1. MTR100001: a. Confederated Salish and Kootenai Tribes. The following conditions only apply • for projects on the Flathead Indian Reservation: Small and Large Construction Activities 35 General Permit • i. Permittees must send a Stormwater Pollution Prevention Plan (SWPPP)to the Tribe at least 30 days before construction starts; ii. Before submitting a Notice of Termination(NOT), pennittees must clearly demonstrate to an appointed tribal staff person during an on-site inspection that requirements for site stabilization have been met; iii. Permittees submitting electronic Notices of Intents (eNO1's)to USEPA must cc a copy to NRD-EPD@cskt.org; and iv. Written NOIs, SWPPPs, and NOTs shall be mailed to: Confederated Salish and Kootenai Tribes National Resources Department Department Head P.O. Box 278 Pablo, MT 59855 Permittees may also submit their SWPPP and NOT to N RD-EPD(a,cskt.ore b. Fort Peck Tribes. The following conditions only apply for projects on the Fort Peck Indian Reservation: i. The permittee must send a copy of the Notice of Intent(NOI)and the Notice of Termination (NOT)to the Tribes at the same time that the NOI • and NOT is submitted to EPA. Copies of the NOI and NOT shall be accepted either electronically or hard copy format and should be sent to: Deb Madison Environmental Programs Manager Fort Peck Assiniboine& Sioux Tribes P.O. Box 1027 Poplar, MT 59255 Tel: 406.768.2389 Fax: 406.768.5606 E-mail: 2horses(ikemont.net ii. A copy of the proposed SWPPP at the time ofNOUNOT submissions must be sent to the Tribes to ensure that upon closure of the site and/or activities all environmental commitments have been met. c. Northern Cheyenne Reservation. The following conditions only apply for projects on the Northern Cheyenne Indian Reservation: i. Permittees must contact the Northern Cheyenne Environmental Protection Department at(406)477-6506 prior to authorization to discharge under the general permit; ii. The Tribe shall review and approve SWPPPs prior to approval; and iii. The Tribe shall review and improve BMPs on site to ensure that Tribal water quality standards are protected. • Small and Large Construcdon Activities 36 General Permit • E. Region 9 1. ASR100000: The Island of American Samoa a. Discharges authorized by the general permit shall meet all applicable American Samoa water quality standards. b. Permittees discharging under the general permit shall comply with all conditions of the permit. 3. AZR100001: Indian country lands within the State of Arizona, including Navajo Reservation lands in New Mexico and Utah a. White Mountain Apache Tribe.The following condition applies only for projects on the White Mountain Apache Reservation: All NOls for proposed stormwater discharge coverage shall be provided to the following address: Tribal Environmental Planning Office P.O. Box 2109 Whiteriver, AZ 85941 b. Hoopa Valley Tribe. The following.conditions apply only for projects on the Hoopa Valley Reservation: i. All notices of intent submitted for stormwater discharges under the general permit in Hoopa Valley Indian Reservation (HVIR) shall be submitted to the Tribal Environmental Protection Agency (TEPA); and • ii. All pollution prevention plans for stormwater discharge in HVIR shall be submitted to TEPA for review and approval. c. 29 Palms Band of Mission Indians. The following conditions apply only for projects on the 29 Palms Band of Mission Indians Reservation: i. The 29 Palms Tribal EPA is informed of any future changes made to the proposed COP; ii. For each permitted activity, the U.S. EPA will ensure that all terms and conditions of the proposed COP are complied with; iii Notices of intent must be submitted to the 29 Palms Tribal EPA for review, comment and tracking; iv. Copies of stormwater pollution prevention plans(SWPPPs)and supporting Best Management Practices(BMPs) must be submitted to the 29 Palms Tribal EPA for review and compliance; v. Copies of all monitoring reports must be provided to the 29 Palms Tribal EPA; vi. Depending on the permitted activity,the 29 Palms Tribal EPA reserves the right to stipulate additional monitoring requirements; and vii. In order to meet the requirements of Tribal law, including water quality standards, each of the conditions cited in the proposed COP and the Twenty-Nine Palms Band of Mission Indians certification shall not be • made any less stringent. Small and Large Construction Activities 37 General Permit • d. Hualapai Tribe. The following conditions apply only for projects on the Hualapai Reservation: i. All notices of intent for proposed stormwater discharges under the CGP and all pollution prevention plans for stormwater discharges on Hualapai Tribal lands shall be submitted to the Water Resource Program through the Tribal Chairman for review and approval, P.O. Box 179, Peach Springs, AZ 86434. e. Pyramid Lake Paiute Tribe. The following conditions apply only for projects on the Pyramid Lake Paiute Reservation: i. All notices of intent(NOls) must be submitted to the Tribe for review, comments and tracking; ii. copies of all Stormwater Pollution Prevention Plan (SWPPPs) and supporting Best Management Practices(BMPs) must be submitted to the Pyramid Lake Paiute Tribe for review and concurrence; iii. copies of the criteria for Effluent Limitations Guidelines(ELGs)and the criteria for proposed Qualifying Local Programs(QLPs)to be used for sediment and erosion control pursuant to 40 CFR 122.44(s) be provided to the Pyramid Lake Paiute Tribe;and iv. copies of all monitoring reports must be provided to the Pyramid Lake • Paiute Tribe. 4. MPRI00000: Commonwealth of the Northern Mariana Islands (CNMI) a. An Earthmoving and Erosion Control Permit shall be obtained from the CNMI DEQ prior to any construction activity covered under the NPDES general permit. b. All conditions and requirements set forth in the USEPA NPDES general permit for discharges from large and small construction must be complied with. c. A SWPPP for storm water discharges from construction activity must be approved by the Director of the CNMI DEQ prior to the submission of the NOI to USEPA. The CNMI address for the submittal of the SWPPP for approval is: Commonwealth of the Northern Mariana Islands Office of the Governor Director, Division of Environmental Quality(DEQ) P.O.Box 501304 C.K. Saipan, MP 96950-1304 d. An NOI to be covered by the general permit for discharges from large and small construction sites must be submitted to CNMI DEQ (use above address)and USEPA, Region 9, in the form prescribed by USEPA, accompanied by a SWPPP approval letter from CNMI DEQ. e. The NO] must be postmarked seven (7) calendar days prior to any storm water discharges and a copy must be submitted to the Director of CNMI DEQ(use above address)no later than seven (7) calendar days prior to any stormwater discharges. • Small and Large Construction Activities 38 General Permit • f. Copies of all monitoring reports required by the NPDES general permit must be submitted to CNMI DEQ(use above address). g. In accordance with section 10.3(h) and (i) of the CNMI water quality standards, CNMI DEQ reserves the right to deny coverage under the general permit and to require submittal of an application for an individual NPDES permit based on a review of the NOI or other information made available to the Director. F. Region 10 1. AKR100000: The State of Alaska, except Indian country a. For Storm Water Pollution Prevention Plans i. Operators of construction projects disturbing at least one acre of land but less than five acres of land shall submit a copy of the Notice of Intent(NOI) to the Alaska Department of Environmental Conservation (ADEC) at the same time it is submitted to the EPA. Submittals to ADEC shall be made to the following address Alaska Department of Environmental Conservation Wastewater Discharge/Storm Water 555 Cordova St. Anchorage, AK 99501 ii. Operators of construction projects that disturb five or more acres of land and that are located outside the areas of the local governments described in numbers iii, iv, v, or vi below, shall submit a copy of the Storm Water • Pollution Prevention Plan (SWPPP) and a copy of the NOI to ADEC for review. The SWPPP shall be accompanied by the state-required plan review fee (see 18 AAC 72.955). iii. Within the Municipality of Anchorage (1) Operators of construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to either ADEC or the Municipality based on the project type and operator as shown in the following table Project Type Submit SWPPP to Government(federal, state,municipal) road projects and other government transportation projects such as ports, railroads or airports ADEC Utility projects for which the utility is initiating the work Municipality Work that requires a Building Permit Municipality Non-publicly funded transportation projects Municipality (2) Submittal of the SWPPP to the Municipality should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any Municipality-required fee. Copies of the SWPPP shall be submitted to the Municipality at the following address Municipality of Anchorage Office of Planning Development and Public Works 4700 South Elmore Rd. • PO Box 196650 Anchorage, AK 99519-6650 Small and Large Construction Activities 39 General Permit • (3) Submittals to ADEC shall include a copy of the SWPPP and a copy of the NOI for review and shall be accompanied by the state-required plan review fee(see 18 AAC 72.995). iv. Within the urbanized area boundary of the Fairbanks North Star Borough check with the Borough for the latest requirements. Fairbanks North Star Borough Department of Public Works PO Box 71267 Fairbanks, AK 99707 v. Within the urbanized area boundary of the City of Fairbanks (1) Operators of privately-funded construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to the City of Fairbanks. (2) Submittal of the SWPPP to the City of Fairbanks should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any City-required fee. Copies of the SWPPP shall be submitted to the City of Fairbanks at the following address City of Fairbanks Engineering Division 800 Cushman St Fairbanks, AK 99701 (3) Operators of publicly-funded projects disturbing one or more acres of land shall submit a copy of the SWPPP and a copy of the NOI to ADEC for review, and shall be accompanied by the state-required plan review fee(see 18 AAC 72.995). vi. Within the urbanized area boundary of the City of North Pole (1) Operators of privately-funded construction projects disturbing one or more acres of land shall submit a copy of the SWPPP to the City of North Pole. (2) Submittal of the SWPPP to the City of North Pole should be made before or at the same time the NOI is submitted to the EPA and ADEC and shall be accompanied by any City-required fee. Copies of the SWPPP shall be submitted to the City of North Pole at the following address City of North Pole Department of Public Works 125 Snowman Lane North Pole, AK 99705 (3) Operators of publicly-funded projects disturbing one or more acres of land shall submit a copy of the SWPPP and a copy of the NO[to ADEC for review, and shall be accompanied by the state-required plan review fee(see 18 AAC 72.995). vii.For hardrock mines that are designed to process 500 or more tons per day and intend to file a Notice of Intent to begin construction under this permit • Small and Large Construction Activities 40 General Permit • (1) The operator shall submit their SWPPP to ADEC for review at least 90 days before the start of construction, (2) Representatives of the operator and the prime site construction contractor shall meet with ADEC representatives in a pre- construction conference at least 20 days before the start of construction to discuss the details of the SWPPP and stormwater management during construction, (3) The operator shall submit to ADEC addendums to the SWPPP that address any planned physical alterations, additions to the permitted facility, or unanticipated conditions that arise during planned construction that could significantly change the nature, or increase the quantity, of pollutants discharged from the facility, and (4) The operator shall have at least one person on-site during construction who is qualified and trained in the principles and practices of erosion and sediment control and has the authority to direct the maintenance of storm water best management practices. b. For Post-Construction (Permanent) Storm Water Control Measures (Section 3.1.E [Post-Construction Stormwater Management]of the CGP) i. Operators of construction projects who construct, alter, install, modify, or operate any part of a storm water treatment system and are located outside the Municipality of Anchorage, shall submit a copy of the engineering plans to ADEC for review at the address given above(see 18 AAC 72.600). • ii. Operators of construction projects who construct, alter, install,modify, or operate any part of a storm water treatment system and are located inside the Municipality of Anchorage, shall submit a copy of the engineering plans to the respective government agency based on project type, as indicated in the table in a.iii.(1) above, for review at the addresses given in a.i. or a.iii.(2) above. 2. IDR100000: The State of Idaho, except Indian country a. 303(d)-listed Water Bodies with Approved TMDLs. Discharges of storm water will be consistent with load allocations established by the applicable TMDL. b. 303(d)-listed Water Bodies without Approved TMDLs (High Priority) If a TMDL has not been established for a high priority 303(d)-listed water body, then discharges of storm water may not cause an increase in the total load of listed pollutant(s) in the receiving water body. c. 303(d)-listed Water Bodies without Approved TMDLs (Medium or Low Priority) If a TMDL has not been established for a medium or low priority 303(d)-listed water body,then best management practices shall be employed as necessary to prohibit further impairment of the designated or existing beneficial uses in the receiving water body. d. Best Management Practices (BMPs) BMPs must be designed, implemented, and maintained by the permittee to fully protect and maintain the beneficial uses of the receiving water body. The permittee should select appropriate BMPs that are either authorized by the • Small and Large Construction Activities 41 General Permit • appropriate designated agency as defined in Idaho Water Quality Standards (IDAPA 58.01.02), recommended in IDEQ's Catalog of Stormwater BMPs for Idaho Cities and Counties, or recommended by other local government entities or guidance documents. e. Equivalent Analysis Waiver- Use of the"Equivalent Analysis Waiver" in Appendix D of the permit is not authorized. £ Operators may contact the Idaho Department of Environmental Quality regional office nearest the construction activity for more information about impaired waterways: Boise Regional Office: 1445 N. Orchard Boise ID 83706-2239 Tel: (208)373-0550 Fax: (208)373-0287 Grangeville Satellite Office: 300 W. Main Grangeville ID 83530 Tel: (208)983-0808 Fax: (208)983-2873 Pocatello Regional Office: • 444 Hospital Way#300 Pocatello ID 83201 Tel: (208)236-6160 Fax: (208)236-6168 McCall Satellite Office: 502 N. P Street#9A P.O. Box 4654 McCall, ID 83638 Tel: (208)634-4900 Fax: (208)634-9405 Idaho Falls Regional Office: 900 N. Skyline, Suite B Idaho Falls, ID 83402 Tel: (208)528-2650 Fax: (208)528-2695 Twin Falls Regional Office: 1363 Fillmore Twin Falls, ID 83301 Tel: (208)736-2190 Fax: (208)736-2194 Small and Large Construction Activities 42 General Permit Coeur d'Alene Regional Office: 2110 Ironwood Parkway Coeur d'Alene ID 83814 Tel: (208)769-1422 Fax: (208)769-1404 Lewiston Regional Office: 1 118 "F" Street Lewiston, ID 83501 Tel: (208)799-4370 Toll Free: 1-877-541-3304 Fax: (208)799-3451 3. ORR100001: Indian country within the State of Oregon, except Fort McDermitt Reservation lands(see Region 9): a. Confederated Tribes of the Umatilla Indian Reservation. The following conditions apply only for projects within the exterior boundaries of the Umatilla Indian Reservation: i. The operator shall be responsible for achieving compliance with the Confederated Tribes of the Umatilla Indian Reservation's (CTUIR) Water Quality Standards. • ii. The operator must submit all Storm Water Pollution Prevention Plans required under this general permit to the CTUIR Water Resources Program for review and determination that the S WPPP is sufficient to meet Tribal Water Quality Standards prior to the beginning of any discharge activities taking place. iii. The operator must submit a copy of the Notice of Intent(NOI)to be covered by this general permit to the CTUIR Water Resources Program at the address below,at the same time it is submitted to EPA. iv. The operator shall be responsible for reporting an exceedance of Tribal Water Quality Standards to the CTUIR Water Resources Program at the same time it is reported to EPA. Confederated Tribes of the Umatilla Indian Reservation Water Resources Program P.O. Box 638 Pendleton, OR 97801 (541) 966-2420 v. At least 45 days prior to beginning any discharge activities, the operator must submit a copy of the Notice of Intent to be covered under this general permit and an assessment of whether the undertaking has the potential to affect historic properties to CTUIR Tribal Historic Preservation Office (THPO) at the address below. If the project has potential to affect historic properties, the operator must define the area of potential effect(APE). The operator must provide the THPO at least 30 days to comment on the APE as defined. • Small and Large Construction Activities 43 General Permit • vi. If the project is an undertaking,the operator must conduct a cultural resource investigation. All fieldwork must be conducted by qualified personnel (as outlined by the Secretary of the Interior's Standards and Guidelines found at http://www.nl)s.gov/history/local-law/ arch studs O.htm). All fieldwork must be documented using Oregon Reporting Standards(as outlined at http://egov.oregon.gov/OPRD/HCD/ARCH/arch pubsandlinks.shtml). The resulting report must be submitted to the THPO for concurrence before any ground disturbing work can occur. The operator must provide the THPO at least 30 days to review and respond to all reports. The operator must obtain THPO concurrence in writing. If historic properties are present, this written concurrence will outline measures to be taken to prevent or mitigate effects to historic properties. Confederated Tribes of the Umatilla Indian Reservation Cultural Resources Protection Program Tribal Historic Preservation Office P.O. Box 638 Pendleton,OR 97801 (541) 966-2340 b. Confederated Tribes of Warm Springs. The following conditions apply only for projects on the Warm Springs Indian Reservation: i. All activities covered by this NPDES general permit occurring within a designated riparian buffer zone as established in Ordinance 74 (Integrated Resource Management Plan or IRMP)must be reviewed, approved and permitted through the Tribe's Hydraulic Permit Application process, including payment of any applicable fees. ii. All activities covered by this NPDES general permit must follow all applicable land management and resource conservation requirements specified in the IRMP. iii. Operators of activities covered by this NPDES general permit must submit a Storm Water Pollution Prevention Plan to the Tribe's Water Control Board at the following address for approval at least 30 days prior to beginning construction activity: Chair, Warm Springs Water Control Board P.O. Box C Warm Springs, Oregon 97761 4. WAR10000F: Federal Facilities in the State of Washington, except those located on Indian Country a. Discharges shall not cause or contribute to a violation of surface water quality standards (Chapter 173-201 A WAC), ground water quality standards(Chapter 173-200 WAG), 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. • Small and Large Construction Activities 44 Genera!Permit • b. Prior to the discharge of stormwater and non-stormwater to waters of the state,the Permittee shall apply all known, available, and reasonable methods of prevention, control,and treatment(AKART).This includes the preparation and implementation of an adequate Stormwater Pollution Prevention Plan (S WPPP), with all appropriate best management practices(BMPs) installed and maintained in accordance with the SWPPP and the terms and conditions of this permit. c. Sampling &Numeric Effluent Limitations—For Sites Discharging to Certain Waterbodies on the 303(d) List or with an Applicable TMDL i. Permittees that discharge to water bodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH or phosphorus, shall conduct water quality sampling according to the requirements of this section. (1) The operator must retain all monitoring results required by this section as part of the SWPPP.All data and related monitoring records must be provided to EPA or the Washington Department of Ecology upon request. (2) The operator must notify EPA when the discharge turbidity or discharge pH exceeds the water quality standards as defined in Parts I O.F.4.d.ii and e.ii below, in accordance with the reporting requirements of Part G.12.F of this permit. All reports must be submitted to EPA at the following address: U.S EPA Region 10 • NPDES Compliance Unit- Attn: Federal Facilities Compliance Officer 1200 6th Avenue, Suite 900 OCE-133 Seattle, WA 98101 (206) 553-1846 ii. All references and requirements associated with Section 303(d)of the Clean Water Act mean the most current listing by Ecology of impaired waters that exists on November 16, 2005, or the date when the operator's complete NOI is received by EPA,whichever is later. Parameter identified Parameter/Units Analytical Sampling Water Quality in 303(d) listing Method Frequency Standard Turbidity Turbidity/NTU SM2130 or Weekly, if If background is 50 Fine Sediment EPA180.1 discharging NTU or less: 5 NTU Phosphorus over background; or If background is more than 50 NTU: 10%over background High pH pH/Standard pH meter Weekly, if In the range of Units dischar in 6.5—8.5 d. Discharges to waterbodies on the 303(d) list for turbidity, fine sediment, or phosphorus i. Perm ittees which discharge to waterbodies on the 303(d) list for turbidity, • fine sediment, or phosphorus shall conduct turbidity sampling at the Snudl and Large Construction Activities 45 General Permit • following locations to evaluate compliance with the water quality standard for turbidity: (1) Background turbidity shall be measured in the 303(d) listed receiving water immediately upstream (upgradient)or outside the area of influence of the discharge; and (2) Discharge turbidity shall be measured at the point of discharge into the 303(d) listed receiving waterbody, inside the area of influence of the discharge;or Alternatively, discharge turbidity may be measured at the point where the discharge leaves the construction site, rather than in the receiving waterbody. ii. Based on sampling, if the discharge turbidity ever exceeds the water quality standard for turbidity (more than 5 NTU over background turbidity when the background turbidity is 50 NTU or less,or more than a 10% increase in turbidity when the background turbidity is more than 50 NTU), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for turbidity. If a future discharge exceeds the water quality standard for turbidity,the permittee shall: (1) Review the SWPPP for compliance with the permit and make appropriate revisions within 7 days of the discharge that exceeded the standard; (2) Fully implement and maintain appropriate source control and/or • treatment BMPs as soon as possible, but no later than 10 days of the discharge that exceeded the standard; (3) Document BMP implementation and maintenance in the site log book; (4) Continue to sample daily until discharge turbidity meets the water quality standard for turbidity. e. Discharges to waterbodies on the 303(d) list for High pH i. Permittees which discharge to waterbodies on the 303(d) list for high pH shall conduct sampling at one of the following locations to evaluate compliance with the water quality standard for pH (in the range of 6.5— 8.5): (1) pH shall be measured at the point of discharge into the 303(d) listed waterbody, inside the area of influence of the discharge; or (2) Alternatively, pH may be measured at the point where the discharge leaves the construction site, rather than in the receiving water. ii. Based on the sampling set forth above, if the pH ever exceeds the water quality standard for pH (in the range of 6.5—8.5), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for pH. If a future discharge exceeds the water quality standard for pH, the permittee shall: (1) Review the SWPPP for compliance with the permit and make appropriate revisions within 7 days of the discharge; • Small and Large Construction Activities 46 General Permit (2) Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days of the discharge that exceeded the standards; (3) Document BMP implementation and maintenance in the site log book; (4) Continue to sample daily until discharge meets the water quality standard for pH (in the range of 6.5 —8.5). f. Sampling& Limitations—For Sites Discharging to TMDLs i. 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. (1) 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 established by the applicable TMDL. a. Discharges shall be sampled weekly, or as otherwise specified by the TMDL,to evaluate compliance with the specific waste load allocations or requirements. b. Analytical methods used to meet the monitoring requirements shall conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136. • (2) 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. (3) 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. (4) Where an applicable TMDL specifically precludes or prohibits discharges from construction activity,the operator is not eligible for coverage under this permit. ii. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus, which has been completed and approved by EPA prior to November 16, 2005, or prior to the date the operator's complete NOI is received by EPA,whichever is later. Information on impaired waterways is available from the Department of Ecology website at: httl)://www.ecy.wa. og v/i)roerams/wq/stormwater/construction/impaired.htmi or by phone: 360-407-6460. 5. WARI OOOOI: Indian country within the State of Washington a. Kalispel Tribe. The following conditions apply only for projects on the Kalispel Reservation: Small and Large Construction Activities 47 General Permit • i. The permittee shall be responsible for achieving compliance with the Kalispel Tribe's Water Quality Standards. ii. The permittee shall submit a copy of the Notice of Intent(NOI)to be covered by the general permit to the Kalispel Tribe Natural Resources Department at the same time as it submitted to the U.S. EPA iii. The permittee shall submit all Storm Water Prevention Plans (SWPP)to the Kalispel Tribe Natural Resources Department thirty (30) days prior to beginning any discharge activities for review. iv. Prior to any land disturbing activities on the Kalispel Indian Reservation and its dependent communities,the permittee shall obtain a cultural resource clearance letter from the Kalispel Natural Resource Department. v. All tribal correspondence pertaining to the general permit for discharges of construction stormwater shall be sent to: Kalispel Tribe Natural Resources Department PO Box 39 Usk, WA 99180 b. Lummi Nation The following conditions apply only for projects on the Lummi Reservation: i. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a),the operator must 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. ii. 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. iii. 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). iv. Each operator shall submit a copy of the Notice of Intent to the Lummi Water Resources Division at the same time it is submitted to the Environmental Protection Agency (EPA). v. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to: Lummi Natural Resources Department ATTN: Water Resources Manager 2616 Kwina Road Bellingham, WA 98226 vi. Refer to the Lummi Nation website at http://www.lummi-nsn.gov to review a copy of Title 17 of the Lummi Code of Laws and the references upon which the conditions identified above are based. c. Makah Tribe The following conditions apply only for projects on the Makah Reservation: i. The operator shall be responsible for achieving compliance with the Makah Tribe's Water Quality Standards. ii. The operator shall submit a Storm Water Pollution Prevention Plan to the Small and Large Construction Activities 48 General Permit • 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. iii. 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. iv. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to: Makah Fisheries Water Quality and Habitat Division PO Box 115 Neah Bay, WA 98357 d. Puyallup Tribe of Indians. The following conditions apply only to stormwater discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre,where those discharges enter surface waters of the Puyallup Tribe: i. 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 affect water quality.The antidegradation review will be consistent with the Tribe's Antidegradation Implementation Procedures. ii. 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 I linear mile upstream of waters designated by the Tribe. iii. Each permittee shall submit a copy of the Notice of Intent(NOI) to be covered by the general permit to the Puyallup Tribal Natural Resources Department 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:Natural Resources Department iv. 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 Puyallup Tribal Natural Resources Department for review. v. If EPA requires coverage under an individual or alternative permit, the permittee shall submit a copy of the permit to the Puyallup Tribal Natural Resources Department at the address listed above. vi. The permittee shall submit all stormwater pollution prevention plans to the Puyallup Tribal Natural Resources Department for review and approval prior to beginning any activities resulting in a discharge to tribal waters. • Small and Large Construction Activities 49 General Permit Appendix A-Definitions and Acronyms Definitions "Arid Areas" means areas with an average annual rainfall of 0 to 10 inches. "Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practice to control plant site runoff, spillage or leaks, sludge or waste disposal,or drainage from raw material storage. "Commencement of Construction Activities"means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction-related activities(e.g., stockpiling of fill material). "Control Measure"as used in this permit, refers to any BMP or other method used to prevent or reduce the discharge of pollutants to waters of the United States. "CWA" means the Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq. "Discharge"when used without qualification means the"discharge of a pollutant." • "Discharge of Stormwater Associated with Construction Activity"as used in this permit, refers to a discharge of pollutants in stormwater from areas where soil disturbing activities(e.g., clearing, grading,or excavation), 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. "Eligible"means qualified for authorization to discharge stormwater under this general permit. "Facility"or"Activity"means any"point source"or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program. "Federal Facility"means any buildings, installations, structures, land, public works, equipment,aircraft, vessels, and other vehicles and property, owned by, or constructed or manufactured for the purpose of leasing to,the Federal government. "Final Stabilization"means that: 1. All soil disturbing activities at the site have been completed and either of the two following criteria are met: a. a uniform (e.g„ evenly distributed,without large bare areas) perennial vegetative cover with a density of 70 percent of the native background • Small and Large Construction Activities A-1 General Permit • vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or b. equivalent permanent stabilization measures(such as the use of riprap, gabions, or geotextiles) have been employed. 2. When background native vegetation will cover less than 100 percent of the ground (e.g., and areas,beaches), the 70 percent coverage criteria is adjusted as follows: if the native vegetation covers 50 percent of the ground, 70 percent of 50 percent(0.70 X 0.50=0.35) would require 35 percent total cover for final stabilization.On a beach with no natural vegetation, no stabilization is required. 3. In and and semi-arid areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met: a. Temporary erosion control measures(e.g., degradable rolled erosion control product)are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by you, b. The temporary erosion control measures are selected, designed,and installed to achieve 70 percent vegetative coverage within three years. 4. For individual lots in residential construction, final stabilization means that either: a. The homebuilder has completed final stabilization as specified above,or b. The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the • homeowner and informing the homeowner of the need for, and benefits of, final stabilization. 5. For construction projects on land used for agricultural purposes(e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to "water of the United States," and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria(1)or(2)or(3) above. "Indian country" is defined at 40 CFR §122.2 to mean: 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. "Large Construction Activity" is defined at 40 CFR §122.26(b)(14)(x) and incorporated here by reference. A 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 Small and Large Construction Acdvides A-2 General Permit • 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. "Municipal Separate Storm Sewer System"or"MS4" is defined at 40 CFR §I22.26(b)(8) to mean 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 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. "New Project" means the"commencement of construction activities"occurs after the • effective date of this permit. "Ongoing Project"means the"commencement of construction activities" occurs before the effective date of this permit. "Operator"for the purpose of this permit and in the context of stormwater associated with construction activity, means any parry associated with a construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications;or 2. The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions(e.g.,they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions).This definition is provided to inform permittees of EPA's interpretation of how the regulatory definitions of"owner or operator" and"facility or activity"are applied to discharges of stormwater associated with construction activity. "Owner or operator"means the owner or operator of any "facility or activity" subject to regulation under the NPDES program. "Permitting Authority"means the United States Environmental Protection Agency, EPA, a Regional Administrator of the Environmental Protection Agency or an authorized representative. • Small and Large Construction Activities A-3 General Permit • "Point Source" means 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" is 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. "Project Area"means: —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: 1. 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 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 BMPs will be constructed and operated, including any areas where stormwater flows to and from BMPs. (Example: Where a stormwater retention pond would be built.) —The areas upstream and/or downstream from construction activities discharges into a stream segment that may be affected by the said discharges. (Example: Where sediment discharged to a receiving stream settles downstream and impacts a breeding area of a listed aquatic species.) "Receiving water"means the "Water of the United States"as defined in 40 CFR §122.2 into which the regulated stormwater discharges. "Runoff coefficient" means the fraction of total rainfall that will appear at the conveyance as runoff. "Semi-Arid Areas"means areas with an average annual rainfall of 10 to 20 inches. "Site"means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. • Small and Large Construction Activities A-4 General Permit • "Small Construction Activity" is defined at 40 CFR §I22.26(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. "Stormwater"means stormwater runoff, snow melt runoff, and surface runoff and drainage. "Stormwater Discharge-Related Activities"as used in this permit, include: activities that cause, contribute to,or result in stormwater point source pollutant discharges, including but not limited to: excavation, site development, grading and other surface disturbance activities; and measures to control stormwater including the siting, construction and operation of BMPs to control, reduce or prevent stormwater pollution. "Total Maximum Daily Load"or"TMDL"means the sum of the individual wasteload allocations (WLAs) for point sources and load allocations(LAs) for nonpoint sources and natural background. If a 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 either mass per time,toxicity, or other appropriate measure. "Waters of the United States" is as defined at 40 CFR §122.2. "Wetland"means those areas that are inundated or saturated by surface or groundwater 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. ACRONYMS BMP- Best Management Practices CGP-Construction General Permit CFR-Code of Federal Regulations CWA -Clean Water Act EPA - United States Environmental Protection Agency ESA- Endangered Species Act FWS- United States Fish and Wildlife Service MS4 - Municipal Separate Storm Sewer System MSGP -Multi-Sector General Permit NHPA -National Historic Preservation Act NMFS -United States National Marine Fisheries Service • NOI -Notice of Intent Small and Large Construction Activities A-5 General Permit • NOT-Notice of Termination NPDES -National Pollutant Discharge Elimination System POTW-Publicly Owned Treatment Works SHPO - State Historic Preservation Officer SWPPP- Stormwater Pollution Prevention Plan THPO-Tribal Historic Preservation Officer TMDL -Total Maximum Daily Load WQS - Water Quality Standard • • Small and Large Construction Activities A-6 General Permit • Appendix B -Permit Areas Eligible for Coverage Permit coverage for stormwater discharges from construction activity occurring within the following areas is provided by legally separate and distinctly numbered permits: 1. EPA Region 1: CT, MA,ME,NH,RI, VT US EPA, Region 01 Office of Ecosystem Protection NPDES Stormwater Program I Congress St, Suite 1100 (CMU) Boston, MA 02114-2023 The States of Connecticut, Maine, Rhode Island, and Vermont are the NPDES Permitting Authority for the majority of discharges within their respective states. Permit No. Areas of Coverage/Where EPA is Permitting Authority MAR100000 Commonwealth of Massachusetts (except Indian country) MAR10000I Indian country within the State of Massachusetts CTR100001 Indian country within the State of Connecticut NHR100000 State of New Hampshire RIR100001 Indian country within the State of Rhode Island • VTR10000F Federal Facilities in the State of Vermont 2. EPA Region 2: NJ,NY,PR,VI For NJ,NY, and VI: US EPA, Region 02 NPDES Stormwater Program 290 Broadway, 24th Floor New York,NY 10007-1866 For PR: US EPA, Region 02 Caribbean Environmental Protection Division NPDES Stormwater Program 1492 Ponce de Leon Ave Central Europa Building, Suite 417 San Juan, PR 00907-4127 The State of New York is the NPDES Permitting Authority for the majority of discharges within its state.The State of New Jersey and the Virgin Islands are the NPDES Permitting Authority for all discharges within their respective states. • Small and Large Construction Activities B-/ General Permit • Permit No. Areas of Coverage/Where EPA is Permitting Authority NYR10000I Indian country within the State of New York PRR100000 The Commonwealth of Puerto Rico 3. EPA Region 3: DE,DC,MD,PA,VA,WV US EPA, Region 03 NPDES Stormwater Program 1650 Arch St Philadelphia, PA 19103 The State of Delaware is the NPDES Permitting Authority for the majority of discharges within its state. Maryland, Pennsylvania, Virginia, and West Virginia are the NPDES Permitting Authority for all discharges within their respective states. Permit No. Areas of Coverage/Where EPA is Permitting Authority DCR100000 The District of Columbia DER10000F Federal Facilities in the State of Delaware 4. EPA Region 4: AL,FL, GA,KY,MS,NC,SC,TN US EPA, Region 04 • Water Management Division NPDES Stormwater Program 61 Forsyth St SW Atlanta, GA 30303-3104 Coverage Not Available. Construction activities in Region 4 must obtain permit coverage under an alternative permit. 5. EPA Region 5: IL,IN,MI,MN,OH,WI US EPA, Region 05 NPDES &Technical Support NPDES Stormwater Program 77 W Jackson Blvd (WN-16J) Chicago, IL 60604-3507 The States of Michigan, Minnesota, and Wisconsin are the NPDES Permitting Authority for the majority of discharges within their respective states.The States of Illinois, Indiana, and Ohio are the NPDES Permitting Authorities for all discharges within their respective states. • Small and Large Construction Activities B-2 General Permit • Permit No. Areas of coverage/where EPA is Permitting Authority MIR10000I Indian country within the State of Michigan MNR100001 Indian country within the State of Minnesota, except the Grand Portage Band of Chippewa WIR100001 Indian country within the State of Wisconsin, except the Sokaogon Chippewa(Mole Lake)Community. 6. EPA Region 6: AR,LA,OK,TX,NM(except see Region 9 for Navajo lands,and see Region 8 for Ute Mountain Reservation lands) US EPA, Region 06 NPDES Stormwater Program 1445 Ross Ave, Suite 1200 Dallas,TX 75202-2733 The States of Louisiana,Oklahoma, and Texas are the NPDES Permitting Authority for the majority of discharges within their respective state.The State of Arkansas is the NPDES Permitting Authority for all discharges within its respective state. Permit No. Areas of coverage/where EPA is Permitting Authority LAR100001 Indian country within the State of Louisiana NMR100000 The State of New Mexico, except Indian country • NMR10000I 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. 0KR10000I Indian country within the State of Oklahoma 0KR10000F 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). TXR10000F 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. TXR10000I Indian country within the State of Texas. • Small and Large Construction Activities 8-3 General Permit • 7. EPA Region 7: IA,KS,MO,NE (except see Region 8 for Pine Ridge Reservation Lands) US EPA, Region 07 NPDES Stormwater Program 901 N 5th St Kansas City, KS 66101 The States of Iowa, Kansas, and Nebraska are the NPDES Permitting Authority for the majority of discharges within their respective states.The State of Missouri is the NPDES Permitting Authority for all discharges within its state. Permit No. Areas of coverage/where EPA is Permitting Authority IAR10000I Indian country within the State of Iowa KSR10000I Indian country within the State of Kansas NER10000I Indian country within the State of Nebraska, except Pine Ridge Reservation lands(see Region 8) 8. EPA Region 8: CO,MT,ND,SD,WY,UT(except see Region 9 for Goshute Reservation and Navajo Reservation Lands), the Ute Mountain Reservation in NM,and the Pine Ridge Reservation in NE. • US EPA, Region 08 NPDES Stormwater Program 999 18th St, Suite 300 (EPR-EP) Denver,CO 80202-2466 The States of Colorado, Montana,North Dakota, South Dakota, Utah, and Wyoming are the NPDES Permitting Authority for the majority of discharges within their respective states. Permit No. Areas of coverage/where EPA is Permitting Authority COR1OOOOF Federal Facilities in the State of Colorado,except those located on Indian country COR10000I Indian country within the State of Colorado, as well as the portion of the Ute Mountain Reservation located in New Mexico MTRIOOOOI Indian country within the State of Montana NDR100001 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 SDR100001 listed below) SDR10000I 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 Small and Large Construction Activities B-4 General Permit ICI, • III Traverse Reservation located in North Dakota(except for the Standing Rock Reservation which is covered under North Dakota permit NDR100001 listed above) UTR10000I Indian country within the State of Utah, except Goshute and Navajo Reservation lands (see Region 9) WVR100001 Indian country within the State of Wyoming 9. EPA Region 9: CA,III,NV,Guam,American Samoa,the Commonwealth of the Northern Mariana Islands,the Goshute Reservation in UT and NV,the Navajo Reservation in UT,NM,and AZ,the Duck Valley Reservation in ID,and the Fort McDermitt Reservation in OR. US EPA, Region 09 NPDES Stormwater Program 75 Hawthorne St San Francisco, CA 94105-3901 The States of Arizona, California and Nevada are the NPDES Permitting Authority for the majority of discharges within their respective states.The State of Hawaii is the NPDES Permitting Authority for all discharges within its state. Permit No. Areas of coverage/where EPA is Permitting Authority ASR100000 The Island of American Samoa AZR100001 Indian country within the State of Arizona, as well as Navajo Reservation lands in New Mexico and Utah CAR100001 Indian country within the State of California GUR100000 The Island of Guam JAR100000 Johnston Atoll MWR100000 Midway Island and Wake Island MPR100000 Commonwealth of the Northern Mariana Islands NVR10000I 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 10. EPA Region 10: AK,WA,ID(except see Region 9 for Duck Valley Reservation Lands),and OR(except see Region 9 for Fort McDermitt Reservation). US EPA, Region 10 NPDES Stormwater Program 1200 6th Ave (OW-130) Seattle, WA 98101-1128 Phone: (206) 553-6650 The States of Oregon and Washington are the NPDES Permitting Authority for the majority of discharges within their respective states. • Small and Large Construction Activities B-5 General Permit Permit No. Areas of coverage/where EPA is Permitting Authority AKR100000 The State of Alaska, except Indian country AKR10000I Indian country within the state of Alaska IDR100000 The State of Idaho, except Indian country IDR10000I Indian country within the State of Idaho, except Duck Valley Reservation lands (see Region 9) ORR10000I Indian country within the State of Oregon, except Fort McDermitt Reservation lands(see Region 9) WAR10000F Federal Facilities in the State of Washington, except those located on Indian country WAR100001 Indian country within the State of Washington • Small and Large Construction Activities B-6 General Permit • Appendix C-Endangered Species Act Review Procedures You must meet at least one of the six criteria in Part 1.3.C.6 to be eligible for coverage under this permit. You must follow the procedures in this Appendix to assess the potential effects of stormwater discharges and stormwater discharge-related activities on listed species and their critical habitat. When evaluating these potential effects, operators must evaluate the entire project area. For purposes of this Appendix,the term "project area" is inclusive of the term "Action Area."Action area is defined in 50 CFR §402.02 as all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action. This includes areas beyond the footprint of the construction area that may be affected by stormwater discharges and stormwater discharge related activities. "Project area" is defined in Appendix A. (Operators who are eligible and able to certify eligibility under Criterion B, C, D, or F of Part 1.3.C.6 because of a previously issued ESA section 10 permit, a previously completed ESA section 7 consultation, or because the operator's activities were already addressed in another operator's certification of eligibility may proceed directly to Step Four.) • Step One: Determine if Listed Threatened or Endangered Species are Present On or Near Your Project Area You must determine, to the best of your knowledge, whether listed species are located on or near your project area. To make this determination,you should: • Determine if listed species are in your county or township.The local offices of the U.S. Fish and Wildlife Service(FWS), National Marine Fisheries Service (NMFS), and State or Tribal Heritage Centers often maintain lists of federally listed endangered or threatened species on their internet sites. Visit http://www.ei)a.gov/npdes/stormwater/cgp to find the appropriate site for your state or check with your local office. In most cases,these lists allow you to determine if there are listed species in your county or township. • If there are listed species in your county or township, check to see if critical habitat has been designated and if that area overlaps or is near your project area. • Contact your local FWS,NMFS, or State or Tribal Heritage Center to determine if the listed species could be found on or near your project area and if any critical habitat areas have been designated that overlap or are near your project area. Critical habitat areas maybe designated independently from the listed species for your county, so even if there are no listed species in your county or township,you must still contact one of the agencies mentioned above to determine if there are any critical habitat areas on or near your project area. You can also find critical habitat designations and associated requirements at 50 CFR • Parts 17 and 226. http://www.access.apo.gov. Small and Large Construcdon Activities C-1 General Permit • If there are no listed species in your county or township, no critical habitat areas on or near your project area,or if your local FWS,NMFS,or State or Tribal Heritage Center indicates that listed species are not a concern in your part of the county or township, you may check box A on the Notice of Intent Form. • If there are listed species and if your local FWS,NMFS, or State or Tribal Heritage Center indicates that these species could exist on or near your project area,you will need to do one or more of the following: • 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. • 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 on or near the project area and whether there are likely adverse effects to such species. Biological surveys are frequently performed by environmental consulting firms. A biological survey may in some cases be useful in conjunction with Steps Two,Three, or Four of these instructions. • Conduct an environmental assessment under the National Environmental Policy Act(NEPA). Such reviews may indicate if listed species are in proximity to the project area. Coverage under the CGP does not trigger such a review because the • CGP does not regulate new sources(that is, dischargers subject to New Source Performance Standards under section 306 of the Clean Water Act), and is thus statutorily exempted from NEPA. See CWA section 511(c). However, some construction activities might require review under NEPA for other reasons such as federal funding or other federal involvement in the project. • if listed threatened or endangered species or critical habitat are present in the project area,you must look at impacts to species and/or habitat when following Steps Two through Four.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. Step Two: Determine if the Construction Activity's Stormwater Discharges or Stormwater Discharge-Related Activities Are Likely to Adversely Affect Listed Threatened or Endangered Species or Designated Critical Habitat To receive CGP coverage, you must assess whether your stormwater discharges or stormwater discharge related activities is likely to adversely affect listed threatened or species or designated critical habitat that are resent on or near our project endangeredp g p Y area. Potential adverse effects from stormwater discharges and stormwater discharge-related activities include: • Small and Large Construction Activities GZ General Permit • • 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 BMPs, 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 must contact the appropriate office of the FWS,NMFS or Natural Heritage Center for assistance. If adverse effects are not likely,then you may check box E on the NOI form and apply for coverage under the CGP. If the discharge may adversely effect listed species or critical habitat,you must follow Step Three. • Step Three: Determine if Measures Can Be Implemented to Avoid Adverse Effects If you make a preliminary determination that adverse effects are likely to occur, you can still receive coverage under Criterion E of Part 1.3.C.6 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 BMPs, or by changing the"footprint' of the construction activity. You should contact the FWS and/or NMFS to see what appropriate measures might be suitable to avoid or eliminate the likelihood of adverse impacts to listed species and/or critical habitat. (See 50 CFR §402.13(b)).This can entail the initiation of informal consultation with the FWS and/or NMFS (described in more detail in Step Four). If you adopt measures to avoid or eliminate adverse affects,you must continue to abide by those measures for the duration of the construction project and coverage under the CGP. These measures must be described in the SWPPP and are enforceable CGP conditions and/or conditions for meeting the eligibility criteria in Part 1.3. If appropriate measures to avoid the likelihood of adverse effects are not available,you must follow Step Four. Step Four: Determine if the Eligibility Requirements of Criterion B,C,D,or F of Part 1.3.C.6 Can Be Met Where adverse effects are likely, you must contact the FWS and/or NMFS. You may still be eligible for CGP coverage if any likely adverse effects can be addressed through . meeting Criterion B, C, D, or F of Part 1.3.C.6 of the CGP.These criteria are as follows: Small and Large Construction Activities C-3 General Permit • 1. An ESA Section 7 Consultation Is Performed for Your Activity(See Criterion B or C of Part 1.3.C.6 of the CGP). Formal or informal ESA section 7 consultation is performed with the FWS and/or NMFS that addresses the effects of your stormwater discharges and stormwater discharge-related activities on federally-listed and threatened species and designated critical habitat. FWS and/or NMFS may request that consultation take place if any actions are identified that may affect listed species or critical habitat. In order to be eligible for coverage under this permit, consultation must result in a"no jeopardy opinion"or a written concurrence by the Service(s) on a finding that your stormwater discharge(s) and stormwater discharge- related activities are not likely to adversely affect listed species or critical habitat(For more information on consultation, see 50 CFR §402). If you receive a`jeopardy opinion,"you may continue to work with the FWS and/or NMFS and your permitting authority to modify your project so that it will not jeopardize listed species or designated critical habitat. Most consultations are accomplished through informal consultation. By the terms of this CGP, EPA has automatically designated operators as non-federal representatives for the purpose of conducting informal consultations. See Part 1.3.C.6 and 50 CFR §402.08 and §402.13. 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 FWS and/or NMFS of your intention and agreement to conduct consultation as a non-federal representative. Consultation may 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 FWS,NMFS or both Services depends on the listed species that may be affected by the operator's activity. In general,NMFS hasjurisdiction over marine, estuaries,and anadromous species. Operators should also be aware that while formal section 7 consultation provides protection from incidental takings liability, informal consultation does not. 2. An Incidental Taking Permit Under Section 10 of the ESA is Issued for the Operators Activity(See Criterion D of Part 1.3.C.6 of the CGP). Your construction activities are authorized through the issuance of a permit under section 10 of the ESA and that authorization addresses the effects of your stormwater discharge(s) and stormwater discharge-related activities on federally-listed species and designated critical habitat. You must follow FWS and/or NMFS procedures when • applying for an ESA Section 10 permit (see 50 CFR §I7.22(b)(1) for FWS and §222.22 Small and Large Construction Activities C-4 General Permit • for NMFS).Application instructions for section 10 permits for FWS and NMFS can be obtained by accessing the FWS and NMFS websites (http://www.fws.gov and htto•//www.ninfs.noaa.gov) or by contacting the appropriate FWS and NMFS regional office. 3. You are Covered Under the Eligibility Certification of Another Operator for the Project Area (See Criterion F of Part 1.3.C.6 of the CGP). Your stormwater discharges and stormwater discharge-related activities were already addressed in another operator's certification of eligibility under Criteria A through E of Part 1.3.C.6 which also included your project area. For example, a general contractor or developer may have completed and filed an NOI for the entire project area with the necessary Endangered Species Act certifications(criteria A-E), subcontractors may then rely upon that certification and must comply with any conditions resulting from that process. By certifying eligibility under Criterion F of Part 1.3.C.6,you agree to comply with any measures or controls upon which the other operator's certification under Criterion B, C, or D of Part 1.3.C.6 was based. Certification under Criterion F of Part 1.3.C.6 is discussed in more detail in the Fact Sheet that accompanies this permit. You must comply with any terms and conditions imposed under the eligibility requirements of Criterion A through F to ensure that your stormwater discharges and • stormwater discharge-related activities are protective of listed species and/or critical habitat. Such terms and conditions must be incorporated in the project's S WPPP. If the eligibility requirements of Part 1.3.C.6 cannot be met,then you are not eligible for coverage under the CGP. In these instances, you may consider applying to EPA for an individual permit. • Small and Large Construction Activities G5 General Permit • Appendix D - 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. A. 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 5 during the period of construction activity. The operator must certify to the EPA that construction activity will occur only when the rainfall erosivity factor is less than 5.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 construction general permit 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:www.epa.gov/nodes/stormwater/lew. 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 • Small and Large Construction Activities U-/ General Permit • (www.epa.gov/npdes/pubs/fact3-I.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 may submit a rainfall erosivity waiver electronically via EPA's eNOI system(www.eva.gov/nodes/eNOI) or provide the following information on the waiver certification form in order to be waived from permitting requirements: 1. Name, address and telephone number of the construction site operators; 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 rainfall erosivity factor calculation that applies to the active construction phase at your project site; and 5. A statement, signed and dated by an authorized representative as provided in Appendix G, Subsection 11,that certifies that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five. You can access the waiver certification form from EPA's website at: (http://www.epa.gov)'npdes/pubs/construction waiver form.ridf). Paper copies of the form must be sent to one of the addresses listed in Part D of this section. • Note:If the R factor is 5 or greater,you cannot apply for the rainfall erosivity waiver, and must apply for permit coverage as per Subpart 2.1 of the construction general permit, unless you qualify for the Water Quality Waiver as described 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 (5),you must update all applicable information on the waiver certification and retain a copy of the revised waiver as part of the site SWPPP. 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 (5)or above, you must submit an NOI as per Part 2. B. TMDL Waiver This waiver is available if EPA has established or approved a TMDL that addresses the pollutant(s) of concern 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 water body 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 http://www.epa.gov/owow/tmdl/and from state and tribal water quality agencies. • Small and Large Construction Activities D-2 General Permit • 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 on the Waiver Certification form 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 water body(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 G, Subsection 11,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. Equivalent Analysis Waiver This waiver is available for non-impaired waters only. The operator can develop an equivalent analysis that determines allocations for his 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); 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 water bodies 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 G, Subsection 11,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. D. Waiver Deadlines and Submissions • Small and Large Construction Activities D-3 General Permit 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 m 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 apply for a permit. 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 Rainfall Erosivity waiver certifications not otherwise submitted electronically via EPA's eNOI system (www.epa.gov/nodes/eNO1) must be sent to one of the following addresses: Regular U.S. Mail Delivery Overnight/Express Mail Delivery EPA Stormwater Notice Processing EPA Stormwater Notice Processing Center Center Mail Code 4203M Room 7420 U.S. EPA U.S. EPA 1200 Pennsylvania Avenue,NW 1201Constitution Avenue,NW Washington, DC 20460 Washington, DC 20004 Complete and accurate TMDL or equivalent analysis waiver requests must be sent to the applicable EPA Region office specified in Appendix B. • Small and Large Construction Activities D-4 General Permit • Appendix E-Notice of Intent Form and Instructions From the effective date of this permit, operators are to use the Notice of Intent Form contained in this Appendix to obtain permit coverage. • • Small and Large Construction Activities E-1 • This Form Replaces Form 3510-9(8-98) Form Approved OMB Nos.2040-0188 and 2040-0211 Refer to the Following Pages for Instructions United States Environmental Protection Agency NPD \A/CPA Notice of Intent(NOI)for Storm Water Discharges Associated with Washington, DC 20460 FORMM G /"� Construction Activity Under an NPDES General Permit Submission of this Notice of Intent(NOI)constitutes notice that the parry identified in Section II of this form requests authorization to discharge pursuant to the NPDES Construction General Permit(CGP)permit number identified in Section I of this form.Submission of this N01 also constitutes notice that the party identified in Section II of this form meets the eligibility requirements of the CGP for the project identified in Section III of this form. Permit coverage is required prior to commencement of construction activity until you are eligible to terminate coverage as detailed in the CGP.To obtain authorization,you must submit a complete and accurate NOI form.Refer to the instructions at the end of this form. I.Permit Number _ IIIIIIIIII It.Operator Information Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IRS Employer Identification Number(EIN): W - IJ_LL1J_LJ Mailing Address: Street: IIIIIIIIIIIIIIIIIIIillllllllllll City: IIIIIIIIIIIIIIIIIIIIIIIIIII State: W Zip Code: • Phone: - - J Fax(optional): E-mail: I I I I I I I Ill.Project/Site Information ProjecVSite Name: I I I I I ( I I Project Street/Location: I I I I I I I I I I I I I City: I I II I I I I I I I I I I I I I I I I State: ICJ Zip Code: I I I I I -I 1 I I I County or similar government subdivision: l 1 I I l l I I I 1 Latitude/Longitude(Use one of three possible formats,and specify method) Latitude 1. ° ' N(degrees,minutes,seconds) Longitude 1,___°_ W(degrees,minutes,seconds) 2. _ N(degrees,minutes,decimal) 2.___°__ __W(degrees,minutes,decimal) 3.__ __ __"N(degrees decimal) 3._____ __°W(degrees decimal) Method: ❑ U.S.G.S.topographic map ❑EPA web site ❑GPS ❑Other: If you used a U.S.G.S.topographic map,what was the scale? Project located in Indian Country?❑YES ❑NO If yes,name of reservation,or if not part of a reservation,put"Not Applicable:" Estimated Project Start Dale: W/III/I I I I J Estimated Project Completion Date: IU/W/I I I I J • Monih Day Year Month Day Year Estimated Area to be Disturbed(to the nearest quarter acre): LLLJ_J,W EPA FORM 3510-9(Rev.1 M008) - Page 1 of 4 • IV.SWPPP Information Has the SWPPP been prepared in advance of filing this NO1? ❑YES ❑NO Location of SWPP for Viewing: ❑Address in Section II ❑Address in Section III ❑Other If other: SWPPP Street I I I I I I I I I I I I I I I I I I I II I ff II I City I I I I I I I I I I State: W Zip Code: SWPPP Contact Information(if different than that in Section II): Name: I I I I I I I I I I I I I I I I I llIIIIIIIIIIII Phone: I I I I-I I I I-I I I I J Fax(optional): E-mail: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII V.Discharge Information Identify the name(s)of waterbodies to which you discharge. Is this discharge consistent with the assumptions and requirements of applicable EPA approved or established TMDL(s)? ❑YES ❑NO VI.Endangered Species Protection Under which criterion of the permit have you satisfied your ESA eligibility obligations? ❑ A ❑ B ❑ C ❑ D ❑ E ❑ F • If you select criterion F,provide permit tracking number of operator under which you are certifying eligibility: VII.Certification Information I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Print Name: 11 l l l l l l 11 l l l l l l l l l l l l l l l l l l l l 11 Title: I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I Signature: Date: L_L_L_L_L_LJ E-mail: NO1 Preparer(Complete If NOI was prepared by someone other than the certifier) Prepared by: I I I I I I I I Organization: I I I I I I I I Phone: - -I Et. E-mail: • EPA FORM 3510-9(Rev.11/2008) Page 2 of 4 Instructions for Completing EPA Form 3510-9 Notice of Intent(NOI)for Storm Water Discharges Associated with Construction Activity Under an NPDES General Permit NPDES Form Date This Form Replaces Form 3510-9(8/98) Form Approved OMB Nos.2040-0188 and 2040-0211 Who Must File an NOI Form IRS), also commonly referred to as your taxpayer ID. If the Under the provisions of the Clean Water Act, as amended(33 applicant does not have an EIN enter "NA" in the space U.S.C. 1251 at. seq.; the Act), federal law prohibits stone provided. Also provide the operators mailing address, water discharges from certain construction activities to waters telephone number, fax number(optional) and e-mail address of the U.S. unless that discharge is covered under a National (to be notified via e-mail of NOI approval when available). Pollutant Discharge Elimination System (NPDES) Permit. Correspondence for the NOI will be sent to this address. Operator(s)of construction sites where one or more acres are Section III.Project/Site Information there of development or sale where therre is a cumulative disturbed, smaller sites that are part larger common plan Enter the official or legal name and complete street address, disturbance of at least one acre, or any other site specifically including city, state, zip code, and county or similar designated by the Director, must submit an NOI to obtain government subdivision of the project or site. If the project or coverage under an NPDES general permit. Each person,firm, site lacks a street address, indicate the general location of the public organization, or any other entity that meets either of the site (e.g., Intersection of State Highways 61 and 34). following criteria must file this form: (1)they have operational Complete site information must be provided for permit control over construction plans and specifications, including coverage to be granted. the ability to make modifications to those plans and The applicant must also provide the latitude and longitude of specifications; or(2) they have day-today operational control the facility either in degrees, minutes, seconds; degrees, of those activities at the project necessary to ensure minutes, decimal; or decimal format.The latitude and longitude compliance with SWPPP requirements or other permit of your facility can be determined in several different ways, conditions. If you have questions about whether you need an including through the use of global positioning system (GPS) NPDES storm water permit, or if you need information to receivers, U.S. Geological Survey (U.S.G.S.) topographic or determine whether EPA or your state agency is the permitting quadrangle maps, and EPA's web-based siting tools, among authority, refer to www.epa.gov/npdes/stormwater/cgp or others. Refer to www.epa.gov/npdes/stormwater/cgp for further telephone the Storm Water Notice Processing Center at(866) guidance on the use of these methodologies. For consistency, 352-7755. EPA requests that measurements be taken from the approximate center of the construction site. Applicants must Where to File NOI Form specify which method they used to determine latitude and See the applicable CGP for information on where to send your longitude. If a U.S.G.S.topographic map is used, applicants are completed NOI form. required to specify the scale of the map used. Completing the Form Indicate whether the project is in Indian country, and if so, Obtain and read a copy of the appropriate EPA Storm Water provide the name of the Reservation. If the project is in Indian Construction General Permit for your area. To complete this Country Lands that are not part of a Reservation, indicate"not forth, type or print uppercase letters, in the appropriate areas applicable"in the space provided. only. Please place each character between the marks Enter the estimated construction start and completion dates (abbreviate if necessary to stay within the number of using four digits for the year (i.e., 05/27/1998). Enter the characters allowed for each item). Use one space for breaks estimated area to be disturbed including but not limited to: between words, but not for punctuation marks unless they are grubbing, excavation, grading, and utilities and infrastructure needed to clarify your response. If you have any questions on installation. Indicate to the nearest quarter acre. Note: 1 acre this forth, refer to www.epa.gov/npdesistormwater/cgp or =43,560 sq.ft. telephone the Storm Water Notice Processing Center at(866) 352-7755. Please submit original document with signature in Section IV.SWPPP Information ink.do not send a photocopied signature. Indicate whether or not the SWPPP was prepared in advance Section I.Permit Number of filing the NOI form. Check the appropriate box for the location where the SWPPP may be viewed. Provide the Provide the number of the permit under which you are name, fax number (optional), and e-mail address of the applying for coverage (see Appendix B of the general permit contact person if different than that listed in Section II of the for the list of eligible permit numbers). NOI form. Section It.Operator Information Section V.Discharge Information Provide the legal name of the person, firm, public Enter the name(s) of receiving waterbodies to which the organization, or any other entity that operates the project project's storm water will discharge. These should be the first described in this application.An operator of a project is a legal bodies of water that the discharge will reach. (Note: If you entity that controls at least a portion of site operations and is discharge to more than one waterbody, please indicate all not necessarily the site manager. Provide the employer such waters in the space provided and attach a separate identification number(EIN from the Internal Revenue Service; sheet if necessary.)For example, if the discharge leaves your EPA FORM 3510-9(Rev.11/2008) Page 3 of 4 Instructions for Completing EPA Form 3510-9 Notice of Intent(NOI)for Storm Water Discharges Associated with Construction Activity Under an NPDES General Permit NPDES Form Date This Form Replaces Form 3510-9(8/98) Form Approved OMB Nos.2040-0188 and 2040-0211 site and travels through a roadside swale or a storm sewer delegated to the manager in accordance with corporate and then enters a stream that Flows to a river, the stream procedures. would be the receiving waterbody. Waters of the U.S. include lakes, streams, creeks, rivers, wetlands, impoundments, For a partnership or sole proprietorship: By a general partner estuaries, bays, oceans, and other surface bodies of water or the proprietor, respectively;or within the confines of the U.S. and U.S. coastal waters. For a municipality, state, federal, or other public agency: By Waters of the U.S. do not include man-made structures either a principal executive officer or ranking elected official. created solely for the purpose of wastewater treatment. U.S. For purposes of this Part, a principal executive officer of a Geological Survey topographical maps may be used to make federal agency includes (i) the chief executive officer of the this determination. If the map does not provide a name, use a agency, or(ii) a senior executive officer having responsibility format such as "unnamed tributary to Cross Creek". If you for the overall operations of a principal geographic unit of the discharge into a municipal separate storm sewer system agency(e.g., Regional Administrator of EPA). (MS4), you must identify the waterbody into which that portion of the storm sewer discharges. That information should be Include the name, title, and email address of the person readily available from the operator of the MS4. signing the form and the date of signing. An unsigned or undated NOI form will not be considered eligible for permit Indicate whether your storm water discharges from coverage. If the NOI was prepared by someone other than the construction activities will be consistent with the assumptions certifier(for example, if the NOI was prepared by the facility and requirements of applicable EPA approved or established SWPPP contact or a consultant for the certifer's signature), TMDL(s). To answer this question, refer to include the name, organization, phone number and email www.eoa.00v/nodes✓stormwater/coo for state- and regional- address of the NOI preparer. specific TMDL information related to the construction general permit. You may also have to contact your EPA regional office Paperwork Reduction Act Notice or state agency. If there are no applicable TMDLs or no Public reporting burden for this application is estimated to related requirements, please check the "yes" box in the N01 average 3.7 hours. This estimate includes time for reviewing form, instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing Section VI.Endangered Species Information the collection of information. An agency may not conduct or Indicate for which criterion (i.e., A, B, C, D, E, or F) of the sponsor, and a person is not required to respond to, a permit the applicant is eligible with regard to protection of collection of information unless it displays a currently valid federally listed endangered and threatened species, and OMB control number. Send comments regarding the burden designated critical habitat. See Part 1.3.C.6 and Appendix C estimate, any other aspect of the collection of information, or of the permit. If you select criterion F, provide the permit suggestions for improving this forth, including any suggestions tracking number of the operator under which you are certifying which may increase or reduce this burden to: Chief, eligibility.The permit tracking number is the number assigned Information Policy Branch 2136, U.S. Environmental to the operator by the Storm Water Notice Processing Center Protection, Agency, 1200 Pennsylvania Avenue, NW, after EPA acceptance of a complete NOL Washington, D.C. 20460. Include the OMB control number on any correspondence. Do not send the completed form to this Section VII.Certification Information address. All applications, including NOIs, must be signed as follows: For a corporation: By a responsible corporate officer. For the Visit this website for mailing instructions: purpose of this Section, a responsible corporate officer www.eoa.aov/nodesistormwater/mail means: (i) a president, secretary, treasurer, or vice-president of the Visit this website for instructions on how to submit corporation in charge of a principal business function, or any electronically: other person who performs similar policy- or decision-making ww epa.gov/npdesistormwater/enoi 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 EPA FORM 3510-9(Rev.11/2008) Page 4 of 4 General Permit • Appendix F-Notice of Termination Form and Instructions From the effective date of this permit, operators are to use the Notice of Termination Form contained in this Appendix to terminate permit coverage. • • Small and Large Construcdon Activities F-1 • This Forth Replaces Form 3517-7(8-98) Form Approved OMB Nos.2040-0086 and 2040-0211 Refer to the Following Page for Instructions United States Environmental Protection Agency NPIDES SOMA Notice of Termination(NOT)of Coverage Under FORM r an NPDES General Permit for FORM Stormwater Discharges Associated with Construction Activity Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form is no longer authorized to discharge stormwater associated with construction activity under the NPDES program from the site identified in Section III of this form.All necessary information must be included on this forth.Refer to the instructions at the end of this form. 1.Permit Information _ NPDES Stormwater General Permit Tracking Number: Reason for Termination(Check only one): ❑ Final stabilization has been achieved on all portions of the site for which you are responsible. ❑ Another operator has assumed control,according to Appendix G,Section 11.0 of the CGP,over all areas of the site that have not been finally stabilized. ❑ Coverage under an alternative NPDES permit has been obtained. ❑ For residential construction only,temporary stabilization has been completed and the residence has been transferred to the homeowner. II.Operator Information Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IRS Employer Identification Number(EIN): Mailing Address: Street: • City: I I I I I I I I I I I I I State: W Zip Code: Phone: - - J Fax(optional): E-mail: I I I I I III.ProjecVSite Information Projecl/Site Name: I I I I I I I I I I Project Street/Location: I I I I I I I I I I I I I I City: I i I I l l l l l l l l l l l l l l l l l l l l l l l State: W Zip Code: 1 1 1 1 1 I County or similar government subdivision: I IV.Certification Information I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is, to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Print Name: Print Title: Email: • Signature: Date: EPA Form 3510-13(Rev.12/08) Page 1 of 2 • Instructions for Completing EPA Form 3510-13 Notice of Termination(NOT)of Coverage Under an NPDES General Permit for Stormwater Discharges Associated with Construction Activity NPDES Form This Form Replaces Form 3517-7(8-98) Form Approved OMB Nos.2040-0086 and 2040-0211 Who May File an NOT Form complete mailing address,telephone number,and email address of Permittees who are presently covered under the EPA-issued National the operator.Optional:enter the fax number of the operator. Pollutant Discharge Elimination System(NPDES)General Permit for Stormwater Discharges Associated with Construction Activity may Section III.ProjectlSite Information submit an NOT forth when final stabilization has been achieved on all Enter the official or legal name and complete street address, portions of the site for which you are responsible;another operator has including city,state,zip code,and county or similar government assumed control in accordance with Appendix G,Section 11.0 of the subdivision of the project or site.If the project or site lacks a street General Permit over all areas of the site that have not been finally address,indicate the general location of the site(e.g.,Intersection of stabilized;coverage under an alternative NPDES permit has been State Highways 61 and 34).Complete site information must be obtained;or for residential construction only,temporary stabilization provided for termination of permit coverage to be valid. has been completed and the residence has been transferred to the homeowner. Section IV.Certification Information "Final stabilization"means that all soil disturbing activities at the site All applications,including NOIs,must be signed as follows: have been completed and that a uniform perennial vegetative cover Fora corporation:By a responsible corporate officer.For the with a density of at least 70%of the native background vegetative purpose of this Part,a responsible corporate officer means:(i)a cover for the area has been established on all unpaved areas and president,secretary,treasurer,or vice-president of the corporation in areas not covered by permanent structures,or equivalent permanent charge of a principal business function,or any other person who stabilization measures(such as the use of riprap,gabions,or performs similar policy-or decision-making functions for the geotextiles)have been employed.See"final stabilization"definition in corporation,or(ii)the manager of one or more manufacturing, Appendix A of the Construction General Permit for further guidance production,or operating facilities,provided,the manager is where background native vegetation covers less than 100 percent of authorized to make management decisions which govern the the ground,in and or semi-arid areas,for individual lots in residential operation of the regulated facility including having the explicit or construction,and for construction projects on land used for agricultural implicit duty of making major capital investment recommendations, purposes. and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and Completing the Form regulations;the manager can ensure that the necessary systems are Type or print,using uppercase letters,in the appropriate areas onl established or actions taken to gather complete and accurate y. information for permit application requirements;and where authority • Please place each character between the marks.Abbreviate if to sign documents has been assigned or delegated to the manager necessary to stay within the number of characters allowed for each in accordance with corporate procedures. item.Use only one space for breaks between words,but not for punctuation marks unless they are needed to clarify your response.If Fora partnership or sole proprietorship:By a general partner or the you have any questions about this forth,refer to proprietor,respectively;or www.epa.gov/npdesrstormwamr/cgp or telephone the Stormwater Notice Processing Center at(866)352-7755.Please submit original For a municipality state,federal,or other public agency:By either a document with signature in ink-do not send a photocopied signature. principal executive officer or ranking elected official.For purposes of this Part,a principal executive officer of a federal agency includes Section I.Permit Number (i)the chief executive officer of the agency,or(ii)a senior executive Enter the existing NPDES Stormwater General Permit Tracking officer having responsibility for the overall operations of a principal Number assigned to the project by EPA's Stormwater Notice geographic unit of the agency(e.g.,Regional Administrator of EPA). Processing Center.If you do not know the permit tracking number, Include the name,title,and email address of the person signing the refer to www.epa.gov1apdes1stormwater11cgp or contact the Stormwater forth and the date of signing.An unsigned or undated NOT form will Notice Processing Center at(866)352-7755. not be considered valid termination of permit coverage. Indicate your reason for submitting this Notice of Termination by checking the appropriate box.Check only one: Paperwork Reduction Act Notice Public reporting burden for this application is estimated to average Final stabilization has been achieved on all portions of the site for 0.5 hours per notice,including time for reviewing instructions, which you are responsible. searching existing data sources,gathering and maintaining the data Another operator has assumed control according to Appendix G, needed,and completing and reviewing the collection of information. Section 11.0 overall areas of the site that have not been finally An agency may not conduct or sponsor,and a person is not required stabilized. to respond to,a collection of information unless it displays a currently valid OMB control number.Send comments regarding the Coverage under an alternative NPDES permit has been obtained. burden estimate,any other aspect of the collection of information,or suggestions for improving this form including any suggestions which For residential construction only,if temporary stabilization has may increase or reduce this burden to:Chief,Information Policy _ been completed and the residence has been transferred to the Branch,2136,U.S.Environmental Protection Agency,1200 homeowner. Pennsylvania Avenue,NW,Washington,DC 20460.Include the OMB number on any comespondence.Do not send the completed Section II.Operator Information forth to this address. Provide the legal name of the person,firm,public organization,or any other entity that operates the project described in this application and is Visit this website for mailing instruction: covered by the permit tracking number identified in Section I.The www.epa.gov/npdesistormwater/mail operator of the project is the legal entity that controls the site operation, Visit this website for instructions on how to submit electronically: • rather than the site manager. Provide the employer identification www.epa.gownpdesrstormwater/enoi number(EIN from the Internal Revenue Service;IRS).If the applicant does not have an FIN enter"NA"in the space provided.Enter the EPA Forrn 3510-13(Rev.12/08) Page 2 of 2 General Permit • Appendix G - Standard Permit Conditions STANDARD PERMIT CONDITIONS 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. A. You must comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. B. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8) of the Act, is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act(28 U.S.C. §2461 note)as amended by the Debt Collection Improvement Act(31 U.S.C. §3701 note) (currently $27,500 per day for each violation). The Clean Water Act provides that any person who negligently violates sections 301, • 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of$2,500 to $25,000 per day of violation, or imprisonment of not more than 1 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 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shalt 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. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places 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 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 CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can • be fined up to $2,000,000 for second or subsequent convictions. Small and Large Construction Activities G-1 General Permit • C. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A)of the Act and the Federal Civil Penalties Inflation Adjustment Act(28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act(31 U.S.C. §3701 note) (currently$11,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act(28 U.S.C. §2461 note)as amended by the Debt Collection Improvement Act(31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class It penalty not to exceed$137,500). 2. Du to Reapply Duty PP Y If you wish to continue an activity regulated by this permit after the expiration date of this permit,you must apply for and obtain a new permit. 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. • 4. Duty to Mitigate You must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 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) which 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. 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. 7. Property Rights This permit does not convey any property rights of any sort, or any exclusive privileges. 8. Duty to Provide Information You must furnish to EPA, within a reasonable time, any information which 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 upon request, copies of records required to be kept by this permit. Small and Large Construction Activities G-2 General Permit • 9. Inspection and Entry You must allow EPA, or an authorized representative(including an authorized contractor acting as a representative of the Administrator), upon presentation of credentials and other documents as may be required by law, to: A. 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; B. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment), practices, or operations regulated or required under this permit; and D. 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. 10. Monitoring and Records A. Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity. B. 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 3 years from the date of the sample, measurement,report or application.This period may be • extended by request of EPA at any time. C. Records of monitoring information must include: 1. The date,exact place,and time of sampling or measurements; 2. The individual(s)who performed the sampling or measurements; 3. The date(s) analyses were performed 4. The individual(s)who performed the analyses; 5. The analytical techniques or methods used; and 6. The results of such analyses. D. Monitoring results must be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, unless other test procedures have been specified in the permit. E. 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. 11. Signatory Requirements A. All applications, including NOls, must be signed as follows: 1. For a corporation: By a responsible corporate officer. For the purpose of this Part, 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 Small and Large Construction Activities G-3 General Permit • 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. 2. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or 3. For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, 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). B. All reports required by this permit, including SWPPPs, must be signed by a person described in Appendix G, Subsection 1 LA above or by a duly authorized representative of that person. A person is a duly authorized representative only if: • 1. The authorization is made in writing by a person described in Appendix G, Subsection I LA; 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 3. The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested. C. Changes to Authorization. If an authorization under Part 2.1 is no longer accurate because a different operator has responsibility for the overall operation of the construction site, a new NOI satisfying the requirements of Part 2.1 must be submitted to EPA prior to or together with any reports, information, or applications to be signed by an authorized representative.The change in authorization must be submitted within the time frame specified in Part 2.4, and sent to the address specified in Part 2.2. D. Any person signing documents required under the terms of this permit 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 submitted. Based • on my inquiry of the person or persons who manage the system, or those persons Small and Large Construction Activities G-4 General Permit • 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." E. 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. 12.Reporting Requirements A. 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. 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 §I22.29(b);or 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 §I 22.42(a)(1). B. 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. C. Transfers.This permit is not transferable to any person except after notice to EPA. EPA may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. (See 40 CFR §122.61; in some cases, modification or revocation and reissuance is mandatory.) D. Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in this permit. 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. 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 Part 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. 3. Calculations for all limitations which require averaging of measurements must use an arithmetic mean. E. 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. • F. Twenty-four hour reporting. Small and Large Construction Activities G-5 General Permit • 1. You must report any noncompliance which may endanger health or the environment. 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. 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(g).) b. Any upset which exceeds any effluent limitation in the permit c. Violation of a maximum daily discharge limitation for any of the pollutants listed by EPA in the permit to be reported within 24 hours. (See 40 CFR §I22.44(g).) 13. EPA may waive the written report on a case-by-case basis for reports under Appendix G, Subsection 12.172 if the oral report has been received within 24 hours. G. Other noncompliance. You must report all instances of noncompliance not reported • under Appendix G, Subsections 12.1), 12.E, and 12.F, at the time monitoring reports are submitted. The reports must contain the information listed in Appendix G, Subsection 12.F. H. 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 or in any report to the Permitting Authority,you must promptly submit such facts or information. 13.Bypass A. Definitions. 1. Bypass means the intentional diversion of waste streams from any portion of a treatment facility 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. B. 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 G, Subsections 13.0 and 13.D. C. Notice- 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. 2. Unanticipated bypass. You must submit notice of an unanticipated bypass as • required in Appendix G, Subsection 12.F (24-hour notice). Small and Large Construction Activities G-6 General Permit D. Prohibition of bypass. 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 G, Subsection O.C. 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 G, Subsection 13.D.1. 14.Upset A. 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. B. 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 G, Subsection 14.0 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. C. Conditions necessary for a demonstration of upset.A permittee who wishes to establish the affirmative defense of upset must demonstrate,through properly signed, contemporaneous operating logs,or other relevant evidence that: l. An upset occurred and that you can identify the cause(s)of the upset; 2. The permitted facility was at the time being properly operated; and 3. You submitted notice of the upset as required in Appendix G, Subsection 12.F.2.b(24 hour notice). 4. You complied with any remedial measures required under Appendix G, Section 4. D. Burden of proof. In any enforcement proceeding,you, as the one seeking to establish the occurrence of an upset, has the burden of proof. is Small and Large Construction Acdvides G-7 NPDES SWPPP • APPENDIX 2 -BASELINE SCHEDULE A detailed Construction Schedule has been submitted under separate cover. Millennium Environmental July 2010 NPDES SWPPP • APPENDIX 3 -CONTRACTOR'S NOTICE OF INTENT The NOI was filed electronically with the EPA, Tracking Number.• MARIODP94 • • Millennium Environmental July 2010 NPDES SWPPP • APPENDIX 4- BMP FACT SHEETS • • Millennium Environmental July 2010 NPDES SWPPP • Construction Site Operator BMP Inspection and Maintenance Minimum Measure: Construction Site Stormwater Runoff Control Subcategory: Construction Site Planning and Management Description Stormwater control BMPs need regular inspections to ensure their effectiveness, and many permitting authorities require self-inspection for construction projects. Three types of BMP inspections are performed: routine inspections, inspections performed before rain events, and inspections performed after rain events. i Routine Inspections Routine inspections are an integral part of regularly performed maintenance activities--cleaning, repair, and replacement--necessary to ensure the integrity and effectiveness of BMPs. Construction site activities can damage BMPs. Earthmoving equipment, for example, can easily • dislodge an entrenched silt fence. Routine inspection and maintenance minimizes the work required to prepare a site before a rain event, and it helps protect a site from unforeseen rains. Inspections Before Rain Events It is critically important that construction site operators pay attention to weather forecasts. To prepare for impending rains, operators should walk the construction site and ensure that BMPs are cleaned out and operating properly. They should verify that dumpsters are covered, paint and other chemicals are covered, and no oil spills are present. Such housekeeping practices are routinely performed in all good inspection and maintenance programs. Operators should also visually inspect all BMPs when the site will be inactive for several days, such as weekends or holidays. This will help to prepare for rains that might occur when workers are off-site. Planning and preparation minimize the risk of on- or off-site property damage occurring because of inoperative or malfunctioning BMPs. Inspections After Rain Events After a rain event, prepare the site for the next rain event. Typically within 48 hours after rain, inspect, clean, and repair the site's BMPs. This will keep the site"clean" and minimize complaints from nearby residents. To prevent health and safety hazards, remove mud in traffic areas and remove mosquito-breeding standing water. Clean mud and debris from silt fences and other BMPs. Clogged BMPs will not prevent pollutant releases during subsequent rain events, so clean, • repair, or replace them as quickly as possible. Millennium Environmental July 2010 NPDES SWPPP . Applicability Construction operators are required to comply with federal NPDES construction site stormwater regulations, which are often implemented by state agencies. These regulations include developing stormwater pollution prevention plans and implementing erosion and sediment control and housekeeping BMPs. Federal construction site stormwater regulations typically apply to sites that are 1 acre or larger. Additionally, construction operators may be subject to local erosion and sediment control requirements, such as requirements for grading permits, that apply to sites smaller than 1 acre. Adequate BMP performance requires not only proper installation, but also regular maintenance. Maintenance needs are best determined by a self-inspection program. • • Millennium Environmental July 2010 NPDES SWPPP • Geotextiles Minimum Measure: Construction Site Stormwater Runoff Control Subcategory: Erosion Control Description Geotextiles are porous fabrics also known as filter fabrics, road rugs, synthetic fabrics, construction fabrics, or simply fabrics. Geotextiles are manufactured by weaving or bonding fibers that are often made of synthetic materials such as polypropylene, polyester, polyethylene, nylon, polyvinyl chloride, glass, and various mixtures of these materials. As a synthetic construction material, geotextiles are used for a variety of purposes such as separators, reinforcement, filtration and drainage, and erosion control (USEPA, 1992). Some geotextiles are made of biodegradable materials such as mulch matting and netting. Mulch mattings are jute or other wood fibers that have been formed into sheets and are more stable than normal mulch. Netting is typically made from jute, wood fiber, plastic, paper, or cotton and can be used to hold the mulching and matting to the ground. Netting can also be used alone to stabilize soils while the plants are growing; however, it does not retain moisture or temperature well. Mulch binders (either asphalt or synthetic) are sometimes used instead of netting to hold loose mulches together. Geotextiles can aid in plant growth by holding seeds, fertilizers, and topsoil in place. Fabrics come in a wide variety to match the specific needs of the site and are relatively • inexpensive for certain applications. Applicability Geotextiles can be used in various ways for erosion control on construction sites. Use them as matting to stabilize the flow of channels or swales or to protect seedlings on recently planted slopes until they become established. Use matting on tidal or stream banks, where moving water is likely to wash out new plantings. Geotextiles can be used to protect exposed soils immediately and temporarily, such as when active piles of soil are left overnight. They can also be used as a separator between riprap and soil, which prevents the soil from being eroded from beneath the riprap and maintains the riprap's base. Siting and Design Considerations There are many types of geotextiles available; therefore, the selected fabric should match its purpose. To ensure the effective use of geotextiles, keep 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 material. Limitations Geotextiles (primarily synthetic types) have the potential disadvantage of disintegrating when exposed to light. Consider this before installing them. Some geotextiles might increase runoff or • blow away if not firmly anchored. Depending on the type of material used, geotextiles might need to be disposed of in a landfill, making them less desirable than vegetative stabilization. If the Millennium Environmental July 2010 NPDES SWPPP • geotextile fabric is not properly selected, designed, or installed, its effectiveness may be reduced drastically. Maintenance Considerations Inspect geotextiles regularly to determine if cracks, tears, or breaches have formed in the fabric; if so, repair or replace the fabric immediately. It is necessary to maintain contact between the ground and the geotextile at all times. Remove trapped sediment after each storm event. • • Millennium Environmental July 2010 NPDES SWPPP • Silt Fences Minimum Measure: Construction Site Stormwater Runoff Control Subcategory: Sediment Control Description Silt fences are used as temporary perimeter controls around sites where construction activities will disturb the soil. They can also be used around the interior of the site. A silt fence consists of a length of filter fabric stretched between anchoring posts spaced at regular intervals along the site at low/downslope areas. The filter fabric should be entrenched in the ground between the support posts. When installed correctly and inspected frequently, silt fences can be an effective barrier to sediment leaving the site in stormwater runoff. Applicability Silt fences apply to construction sites with relatively small drainage areas. They are appropriate in areas where runoff will occur as low-level flow, not exceeding 0.5 cfs. The drainage area for silt fences should not exceed 0.25 acre per 100-foot fence length. The slope length above the fence • should not exceed 100 feet(NAHB, 1995). Siting and Design Considerations The material for silt fences should be a pervious sheet of synthetic fabric such as polypropylene, nylon, polyester, or polyethylene yarn. Choose the material based on the minimum synthetic fabric requirements shown in Table 1. Table 1. Minimum requirements for silt fence construction (Sources: USEPA, 1992; VDCR, 1995) Physical property Requirements Filtering efficiency 75%-85% (minimum): highly dependent on local conditions j Tensile strength at 20% (maximum) Standard strength: 30 lb/linear inch (minimum) Elongation i Extra strength: 50 lb/linear inch (minimum) Ultraviolet radiation 90% (minimum) Slurry Flow Rate 03 g3�/min (minimum) If a standard-strength fabric is used, it can be reinforced with wire mesh behind the filter fabric. • This increases the effective life of the fence. The maximum life expectancy for synthetic fabric silt fences is about 6 months, depending on the amount of rainfall and runoff. Burlap fences have a much shorter useful life span, usually up to 2 months. Millennium Environmental July 2010 NPDES SWPPP • The stakes used to anchor the filter fabric should be wood or metal. Wooden stakes should be at least 5 feet long and have a minimum diameter of 2 inches if a hardwood like oak is used. Stakes from soft woods like pine should be at least 4 inches in diameter. When using metal posts in place of wooden stakes, they should weigh at least 1.00 to 1.33 lb/linear foot. If metal posts are used, attachment points are needed for fastening the filter fabric with wire ties. Erect silt fence in a continuous fashion from a single roll of fabric to eliminate gaps in the fence. If a continuous roll of fabric is not available, overlap the fabric from both directions only at stakes or posts. Overlap at least 6 inches. Excavate a trench to bury the bottom of the fabric fence at least 6 inches below the ground surface. This helps to prevent gaps from forming near the ground surface. Gaps would make the fencing useless as a sediment barrier. The height of the fence posts should be 16 to 34 inches above the original ground surface. If standard-strength fabric is used with wire mesh, space the posts no more than 10 feet apart. If extra-strength fabric is used without wire mesh reinforcement, space the posts no more than 6 feet apart(VDCR, 1995). The fence should be designed to withstand the runoff from a 10-year peak storm event. Once installed, it should remain in place until all areas upslope have been permanently stabilized by vegetation or other means. Limitations Do not install silt fences along areas where rocks or other hard surfaces will prevent you from uniformly anchoring the fence posts and entrenching the filter fabric. Installing fences in such an • area greatly reduces their effectiveness and can create runoff channels leading offsite. Silt fences are not suitable for areas where large amounts of concentrated runoff are likely. Open, windy areas present a maintenance challenge, too, because high winds can make the filter fabric deteriorate faster. Do not install silt fences across streams, ditches, or waterways (Smolen et al., 1988). When the pores of the fence fabric become clogged with sediment, pools of water are likely to form on the uphill side of the fence. Siting and design of the silt fence should account for this. Take care to avoid unnecessarily diverting stormwater from these pools, causing further erosion damage. Maintenance Considerations Inspect silt fences regularly and frequently, as well as after each rainfall event, to make sure that they are intact and that there are no gaps where the fence meets the ground or tears along the length of the fence. If you find gaps or tears, repair or replace the fabric immediately. Remove accumulated sediments from the fence base when the sediment reaches one-third to one-half the fence height. Remove sediment more frequently if accumulated sediment is creating noticeable strain on the fabric and the fence might fail from a sudden storm event. When you remove the silt fence, remove the accumulated sediment as well. • Millennium Environmental July 2010 NPDES SWPPP Equipment Refueling Description and Purpose Vehicle equipment fueling procedures and practices are designed to prevent fuel spills and leaks, and reduce or eliminate contamination of stormwater. This can be accomplished by using offsite facilities, fueling in designated areas only, enclosing or covering stored fuel, implementing spill controls, and training employees and subcontractors in proper fueling procedures. Suitable Applications These procedures are suitable on all construction sites where vehicle and equipment fueling takes place. Limitations Onsite vehicle and equipment fueling should only be used where it is impractical to send vehicles and equipment offsite for fueling. Implementation o Use offsite fueling stations as much as possible. These businesses are better equipped to handle fuel and spills properly. Performing this work offsite can also be economical by eliminating the need for a separate fueling area at a site. o Discourage"topping-off' of fuel tanks. o Absorbent spill cleanup materials and spill kits should be available in fueling areas and • on fueling trucks, and should be disposed of properly after use. o Drip pans or absorbent pads should be used during vehicle and equipment fueling, unless the fueling is performed over an impermeable surface in a dedicated fueling area. o Use absorbent materials on small spills. Do not hose down or bury the spill. Remove the adsorbent materials promptly and dispose of properly. o Avoid mobile fueling of mobile construction equipment around the site. rather, transport the equipment to designated fueling areas. With the exception of tracked equipment such as bulldozers and large excavators, most vehicles should be able to travel to a designated area with little lost time. o Train employees and subcontractors in proper fueling and cleanup procedures. o When fueling must take place onsite, designate an area away from drainage courses to be used. Fueling areas should be identified in the SWPPP. o Dedicated fueling areas should be protected from stormwater runon and runoff, and should be located at least 50 ft away from downstream drainage facilities and watercourses. Fueling must be performed on level-grade areas. o Protect fueling areas with berms and dikes to prevent runon, runoff, and to contain spills. o Nozzles used in vehicle and equipment fueling should be equipped with an automatic shutoff to control drips. Fueling operations should not be left unattended. o Use vapor recovery nozzles to help control drips as well as air pollution where required. o Federal, state, and local requirements should be observed for any stationary above ground storage tanks. Inspection and Maintenance o Vehicles and equipment should be inspected each day of use for leaks. Leaks should be repaired immediately or problem vehicles or equipment should be removed from the • project site. o Keep ample supplies of spill cleanup materials onsite. Millennium Environmental July 2010 NPDES SWPPP • o Immediately clean up spills and properly dispose of contaminated soil and cleanup materials. • Millennium Environmental July 2010 NPDES SWPPP • APPENDIX 5-MASSACHUSETTS TOTAL MAXIMUM DAILY LOAD LIMITS • • Millennium Environmental July 2010 NPDES SWPPP • APPENDIX 6 -SWPPP INSPECTION FORM • • Millennium Environmental July 2010 NPDES SWPPP • Dove Avenue Culvert Replacement NPDES Inspection and Maintenance Report Form Inspector: Date: Inspection Type: _Weekly_Storm Event Certification of SWPPP Compliance: 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 Area/ Construction Stabilization Condition Required Maintenance Location Activities Measures or Corrective Actions • ADDITIONAL COMMENTS: Include weather at time of inspection and weather information since time of last inspection. Include a report on the status of corrective actions required in previous inspections. • If stormwater currently discharging from site,describe conditions at discharge(turbid,etc.). Millennium Environmental July 2010 NPDES SWPPP • APPENDIX 7-OPERATOR CERTIFICATION FORMS • • Millennium Environmental July 2010 NPDES SWPPP • NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM CONTRUCTION GENERAL PERMIT MAR100000 OPERATOR CERTIFICATION OF STORM WATER POLLUTION PREVENTION PLAN Project Title: Dove Avenue Culvert Replacement - Salem, MA 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. • The prime contractor, Unified Contacting, Inc. is being held responsible by the City of Salem for conducting all NPDES—required inspections and certifying said inspections for this project. Certifying Agent—signature Certifying Agent—name printed Title Date • Millennium Environmental July 2010 NPDES SWPPP • APPENDIX 8 -SWPPP MODIFICATIONS (TO BE ADDED AS NECESSARY) • • Millennium Environmental July 2010