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HomeMy WebLinkAbout1.10 Discharge permit system-StormwaterATTACHMENT to SPECIAL USE PERMIT APPLICATION laramie Energy II, llC CO Department of Public Health and Environment Colorado Discharge Permit System -Storm water (Certification No. COR-03C798) STATE OF COLOMDO Bill Ritter, Jr., Governor James B, Marlin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Drvision Denver, Colorado B0246·1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (30S) 692-3090 located in Glendale, Colorado http://www.odphe.slale.co.us 10/9/2007 Bruce L. Payne, Pres/CFO Laramie Energy II, LLC, 1512 Larimer Street Ste 1000 Denver, CO 80202 303/339-4400 RE: Final Pennit, Colorado Discharge Pennit System -Stonnwater Certification No: COR-03C798 Local Contact: Dear Sir or Madam: Helmer Gulch Garfield County Wayne P. Bankert, S1' Reg & Env Coord 970/683-5419 Colorado Depattment of Public Health andEllvirorunellt Enclosed please find a copy of the permit and certification which have been issued to you under the Colorado Water Quality Control Act. Your Certification under the pelmit requires that specific actions be perfonned at designated times. You are legally obligated to comply with all terms and conditions of the pennit. Please read the permit and cellification. If you have any questions please visit our website at : www.cdphe.state.co.us!wg/pelmitsunit/stormwater 01' contact Matt Czahor at (303) 692-3517. Sincerely, UJ~{)~ Kathryn Dolan StOimwater Program Coordinator Pennits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Govemments Local County Health Depal1ment District Engineer, Technical Services, WQCD Permit File STATE OF COLOMDO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692·3500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR-030000 STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number COR03C798 This Certification to Discharge specifically authorizes: Laramie Energy II, LLC LEGAL CONTACT: Bruce L. Payne, Pres/CFO Laramie Ellergy II, LLC 1512 L(trimer Street Ste 1000 Deliver, CO 80202 Pholle # 303/339-4400 bp(tYlle@lammie-energy.co11l LOCAL CONTACT: Wayne P. Ballkert, Sr Reg & EIIV Coord, Phone # 970/683-5419 wbaltlcer@laramie-ellel'gy.com During the Construction Activity: Oil and Gas Production and/or Exploration to discharge stonnwater from the facility identified as Helmer Gulch which is located at: 1-70 & Colorado River (South Side of River Map in File) , Co Latitude 39.504, Longitude 107.808 In Garfield County to: Helmer Gulch --Colorado River Anticipated Activity begins 10/15/2007 continuing through 09/0112011 On 4000 acres (105 acres disturbed) Certification is effective: 10/09/2007 Certification Expires: 06/30/2012 Annual Fee: $245.00 (DO NOT PAY NOW -A prorated bill will he sent shortly.) Page 1 of22 Page 2 of22 Pennit No. COR-030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit autholizes the discharge of stOlmwater associated with constmction activities (and specific allowable non-stolIDwater discharges in accordance with Palt I.D.3 of the pelmit) celtified under this pe!1llit, fi'om those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This pelmit specifically authorizes the facility listed on page 1 of this pelmit to discharge, as of this date, in accordance with pemut requirements and conditions set fOlth in Parts I and II hereof. All discharges authorized herein shall be consistent with the telms and conditions of this pennit. This pennit and the authorization to discharge shall expire at nlidnight, June 30, 2012. Issued and Signed this 31" day of May, 2007 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet S. Kieler Pelmits Section Manager Water Quality Control Division SIGNED AND ISSUED MAY 31,2007 EFFECTIVE JULY 1, 2007 TABLE OF CONTENTS PART I A. COVERAGE UNDER THIS PERMIT ...................................................................................................................................... 3 1. Authority to Discharge ............................................................................................................................................ 3 a) Applicable Sections................................................................................................................................ 3 b) on and Gas Consnuctlon ......... , ...................... .............. ,,, ................ ,,",,',, .. ,,, ...... ,,, ................ " ... "" ... '''' 3 2, Dermitions, ..... " ..... " """"" .... "" .. """ .... ,," " .......... ,." .. ,,"'''' ",'" """ "" ............... " ... " ...... "," ",,'''''' """ ..... "" ".,,""" 3 3, Pennit Coverage Without Application -Qualifying Local Programs."" ... "." .. "." .. " ... "" ...... " ... ""." .. """".",,.,,'" 3 a) Applicable Sections" "".", """ ".""""." """"", "" ,," """'" ."""" .. ",,",",," ""'''' "'''''''''''''''''' ""." .. ", """. 3 b) Local Agency Authot1ty """, """""'" "." .... ,,' """""""""" .. " " .. "" .. "." .. " .... "."".,,'" "." ...... " "." ..... " .... , 4 0) Pennit Coverage Tennination "."."""" .. " .. "." """ .. " .. ".""."."",, .... ,," " ..... """""" ."",,, "", "",,,,, "'''''''' 4 cl' Compliance with Qualifying Local Program ""''''''''''''''''''""""."".""".""".""" ... """"""""""."" ... ". 4 C j' Full Pennit Applicability .,,"'" "" .. " """"" ... "" .... ""." ..... " """ "" .""". """""" " ... " """" ""."""""""",,,. 4 4, Application. Due Dates """ " .. ".""" ...... ,, .""" .. ,, ....... " .... "".""",,.", " .. ".""", """"""'''''''''''''''''' " ... " .. " ... " ... , """.. 4 a) Application Due Dates" " ..... " "".,," """ .. """".""""" .... ,, .... ,, """, .. "" .. " ".,," """'"'''''' " .... ".,," ""." ".". 4 b) Summary of Application" """""""""""" """" ""'" ".",,, "" .......... "" .. """,, ... " .. " """""" ... "" .... " .... ".... 4 5. Pennit Certific.tion Procedures """"" ... ""." '"'''' """." .... """""".,,,, ."" ....... " .. " .. " "" "".".""" .. " ..... ,,",,""" "."".. 4 a) Request for Additional InfOlmation """"." .. """.".""""." ... " ... """"""".".,,,, .. ,,"",, ...... ",, ........... "'"'''' 4 b) Autom.tic Coverage""" .. """ """" "" .. "",,",, ... """"" """"'''' """""""" ..... ,,",, ....... ,, " ....... " .... " ....... "... 5 c) Individu.1 Pecmit Required .... "." ...... "" ... " ...... " ...... """ ... "".""" ... "" ... """ .. "",,.,, .... ,,,, ... """" .. , .. ,,",,.. 5 d) General vs. Individual Pennit Coverage " .. "."" ... """""" ..... " .. " .... " ...... " .......... " .......... """" ... ,,.,, .. ,,",, 5 e) Loc.1 Agency Authority. "" .. "'''''''''' " .. " ... " ..... """ ..... """ .... ,,".,, """ .................. " .. " .... ". "" .. " ". "" .. """ 5 6. Inactivation Notice." ."" "". """. ""." .. " "" .. """. "" .. "."""" .... " ..... """ .. "." ... ,, """. ""." .. " " ... " ............ " " .. " " ....... ". 5 7. Transfer of Permit" .. " """ .. " .... "",, ... "" .... ""."" ..... "" ........ " .... """ .. ,, """ "" """" .. " .. " "" ... " .. "" .. """" .... " .... " ... "" 5 8. Reassignment of Penni!"" ... " .. " ... "." ""'" .. """ ..... """ .... " " .. ", "'" """"" ....... ,, """ ....... ,," "." " .... "."".""." .. " .... "". 5 9. Sale of Residence to Homeowners "." .. """".""" """,," "" ... ""."."""." .. "."., ""'''''''''' """" ... " ..... ,, .. ,," .. ,," " ... "",,. 6 10. PetIDi! Expiration Date .. """ ...... """ .. " ...... " .. "" ... " ... "" ....... "."".,,"",, ... ,,"" ... """" .. """.".""" .. """"" ........... ,,,,... 6 11. Individual Pennit Criteri ..... " ..... "" ... " ..... " ....... " .... """"." .. "".,, " ..... ""."" " .... ""." .. "." .. " ... "". ".,,""" """"""""" 6 B. STORMW ATER MANAGEMENT PLAN -GENERAL REQUIREMENTS """"."".".".""""" .... """ .. " ..... "." .. " ... ,, .. """"" 6 C. STORMWATER MANAGEMENT PLAN -CONTENTS" ... ".""""."."" ... " .. "."""" ..... """."" .. " ........... "."""".""." ..... """,, 7 1. Site DeSCription '''''''''''''''''''''''''''''''''''''''''' """"'" "." ""."" ....... ",, ..... "'''''' "."""""""",,,,, .. ,,,,,, .. ", .. " """'" .... "..... 7 2. Site Map ... ".""" ..... " ""'"'''''''''''' """" ... ",, ... ". " .. "" .. """,, """ .. ".". ".""""" .. " .... """.,,,, ...... " ... ". "" """" ...... """.. 7 3. Stonnw.ter Management Controls "" """ .. ,,"",,".,," ........ ,," " .. """" "'''''''''''''''' """",, " .. " .... " ". " .. """."",,, .... " "". 8 a) SWMP Administrator.""""" ... ".""" ... "" ........... " ........... " ............ " .. ,, .. """ ............ ""."""".,, ...... ,, ..... ,," 8 b) Identification of Potential Pollutant Sources " .. """ ... " .. "" .. " ... """ ....... " .. ""."" ... ""." ......... " .......... ,, ..... 8 c) Best Management Practices (BMPs) for Stonnwater Pollution Prevention ....... " .............. "" ................. 8 4. Final St.bilization and Long-tetID Stormwater Man.gement. ................................................................................... 9 5. Inspection and Maintenance.............................................. .................................................................................... 10 D. TERMS AND CONDITIONS ....................................................................................... ........................................................... 10 1. General Limitations ................................................................................................................ , ............................... 10 2. BMP Implementation and Design Standal'ds.......................................................................................................... 10 3. Prohibition ofNon-Stormwatel' Discharges ........................................................................................................... II 4. Releases in Excess ofRepOltable Quantities.......................................................................................................... 11 5. SWMP Requirements .......................................................... .................................................................................. 11 a) SWMP Preparation and Implementation........................................................................... ..................... 11 b) SWMP Retention Requirements ................. ............. ..................... ....... ...... ........... ............ ........ ............ 11 c) SWMP Review/Changes ....................................................................................................................... 11 d) ResponsiveSWMP Changes ................................... .............................................................................. 12 6. Inspections... ............................. ....... ....... .......................................... .............. ...... ............. .......... ........ ............. ....... 12 a) Minimum Inspection Schedule ....................................................................................... ........................ 12 b) Inspection Requirements ........................................................................................................................ 13 c) Required Actions Following Site Inspections ........................................................................................ 13 7. BMF Mainten.nce ............................................ ..................................................................................................... 13 8. Replacement and Failed BMPs ............................................................... ................................................................ 14 9. Reporting ...................................................................................................................... .......................................... 14 .2a-TABLE OF CONTENTS (cont.) 10. SWMP Availability ................................................................................................................................................ 14 II. Total Maximum Daily Load (TMDL) ..................................................................................................................... 14 E. ADDITIONAL DEFINITIONS ................................................................................................................................................. 15 F. GENERAL REQUIREMENTS .......................... ....................................................................................................................... 16 1. Signatory Requirements .................................................. ....................................................................................... 16 2. Retention of Records .................................................................................... .......................................................... 16 3. Monitoring ........................................................................................................................... ................................... 16 PART II A. MANAGEMENT REQUIREMENTS ............................................................................................................................. .......... 17 1. Amending a Pelmit Celtification ............................................................................................................................. 17 2. Special Notifications -Defutitions .......................................................................................................................... 17 3. Noncompliance Notification .................................................................................................................................. 17 4. Submission of Incorrect or Incomplete Information ................................. .............. ....... ............... .............. ....... ..... 18 5. Bypass .................................................................................... ................................................................................ 18 6. Upsets ......................................................................................................... ........................................................... 18 7. Removed Substances .................................................................................................................. ............................ 18 8. Minimization of Adve"e Impact ............................................................................................................................. 18 9. Reduction, Loss, 01' Failure of Stormwater Controls ........ ........ ............................. ....... ........................ ....... ............ 19 10. Proper Opemtion and Maintenance ......................................................................................................................... 19 B. RESPONSmILITIES ....................................... ......................................................................................................................... 19 I. Inspections and Right to Entry ........................................ . ..... ...................... .......... ....... ............ ............ .......... ......... 19 2. Duty to Provide Information .................................................................... .............................................................. 19 3. Tl'ansfer of Ownership or Control ................................................................................................ ........................... 19 4. Modification, Suspension, or Revocation of Permit By Division ........................................................................... 20 5. PermitViol.tions .................................................................................................................................................... 21 6. Legal Responsibilities ..................... ....................................................................................................................... 21 7. Severability ............................................................ ................................................................................................ 21 8. Renewal Application ............................................................................ .................................................................. 21 9. Confidentiality .............................................................................................................. .......................................... 21 10. Fees ................................................................................................................................................ ........................ 21 11. Requiring an Individual CDPS Permit .......................... , ......................................................................................... 22 -2b A. COVERAGE UNDER THrS PERMIT 1. Authority to Discharge PART! PART I Pennit -Page 3 Pennit No. COR-030000 Under this pennit, f.cilities .re granted authorization to discharge stonnwate! associated with construction activities into waters of the state of Color. do. This pennit also autholizes the discharge of specific allowable non-stolIDwater discharges, in accordance with Part I.D.3 of the pelIDit, which includes discharges to the ground. This includes stOmlwater discharges from areas that are dedicated to producing earthen matedals, such as soils, sand and gravel, for use at a single consh'Uction site (I.e., borrow or fill areas). This pemit .Iso authorizes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. (Coverage under the consh'llction site pem)it is not required fol' batch plants if they have alternate CDPS pennit coverage.) 1hls pelIDit does not authodze the discharge of mine water or process water from such . areas. a) Applicable Sections: In accordance with Part I.A.3 ofthis pennit, some parts ofthi. pelmit do not apply to sites covered under a Qualifying Local Program, as defmed in I.A.2.d. For sites not covered by a Qualifying Local Program, all pruts of the pennit apply except Part LA.3. The pennittee wlll be responsible for determining and then complying with the applicable sections. b) Oil and Gas Construction: Stonnwater discharges associated with constmction activities directly related to oil and gas exploration, production, processing, and treahnent operations or transmission facilities are regulated under the Colorado Discharge Pennit System Regulations (SCCR 1002-61), and require coverage under this permit in accordance with that regulation. However, references in this pelmit to specific authodty under the Federal Clean WaleI' Act (CW A) do not apply to stonnwatel' discharges associated with these oil and gas related construction activities, to the extent that the references are !intited by the federal Energy Policy Act of200S. . 2. Definitions a) Stormwater: Stonnwater is precipitation-induced smface runoff. b) COils/ruction activity: Constmction activity refers to ground surface disturbing activities, which lnclude, but are not limited to, clearing, grading, excavation, demolition, installation of new orimproved haul roads and access roads, staging areas, stockpiling offill malerials, and borrow areas. Constl'Uction does not include routine maintenance to maintain oligin.lline and glllde, hydraulic capacity, or odginal putpose ofth. facility. c) Small construction activity: StolIDwater dischruge associated with small consh'llction activity means the discharge of stmDlwater from consh'llction activities that result in land disturbance of equal to or greater than one acre and less thau five acres. Small constmction activity also includes the disnnbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to 0" greater than one and less than five acres. d) Qualifying Local Program: This pennil includes conditions that incorporate qualifying local erosion and sediment conh'lll program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stOlIDwater program for stOlmwater discharges associated with small construction activity that has been formally approved by the Division. Other Definitions: Defmitions of additional telms can be found in Part I.E. of this penni!. 3. Permit Coyerage Without Application for small construction activities under a QuaIlfylng Local Program l!!J!y If a small construction site is within the judsdiction of a Qualifying Local Program, the operator of the construction activity is authodzed to discharge sto,mwat.r .ssociated with small construction activity under this general permit without the submittal of an application to the Division. a) Applicable Sections: For sites covered by. Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, J.D.I, I.D.2, I.D.3, I.D.4, I.D.7, I.D.8, I.D.ll, I.E and Prut II of this pClmit, with the exception of Parts II.A.!, II.B.3, II.B.S, and II.BIO, apply. PART! Permit -Page 4 Permit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (conI.) b) LOCRI Agency AuthorIty: This pelmit does not pre-empt 01' supersede the authority oflocal agencies to prohibit, restrict, 01' control discharges of stormwater to stonn drain systems 01' other water courses within their jurisdiction. c) Permit Coverage Termination: When a site under a Qualifying Loc.l Program has been fmally stabilized, covemge under this pennit is automatically tenninated. d) Compliance with Qualifying Local Program: A constm.tion site operator that has authorization to discharge under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Progtam with jurisdiction over the site. e) Full Permit ApplicRbility: The Division may require any operator within the jurisdiction of a Qualifying Local Program coveted under this permit to .pply for and obtain coverage under the full requirements of this pelmit. The operator must be notified in writing that an application for full coverage is requil'ed. When a pelmit certification under this permit is issued to an operator that would othelwise be covered under P.,t LA.3 of this pennit, the full requirements oftbi. pennit replace the requil'ements as per Part LA.3 of this permit, upon the effective date of the permit certification. A site brought under the full requil'ements oflhis permit must still comply with local stonnwater management requirements, policies or guidelines as required by P.,t LD.l.g of this permit. 4. Application. Due Dates a} Application Due Dates: At least ten calendar dRYS prior to the commencement of construction activities, the applicant shall submit an application fOim as provided by the Division, with a cellification that the StolIDwater Management Plan (SWMP) is complete. One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Pelmits-B2 4300 Cherry Creek Ddve South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: 1) . The applicant's company name; address; telephone number; and email address (if available); whether the applicant is the owner, developer, or contractor; and local contact information; 2) Project name, address, county and location of the construction site, including the latitude and longitude to the nearest 15 second. of the approximate center of the construction activity; 3) Legal description or map ofthe constmction site; 4} Estimates of: the total area of the site, the area of the site that is expected to be di.turbed, and the total area of the larger common plan of development or sale to undergo disturbance; 5) The nature of the construction activity; 6} The anticipated start date and fmal stabilization date for the project; 7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving watel~s); 8) Certification that the SWMP for the construction site is complete (see Part I.C. below); and 9) The signature of the applicant, signed in accordance with P.,1 I.F.1 of this permit. 5. Permit Certification Procedures Ifthi. general permit is appropliate for the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stOlIDwaterunder this general pelmil. a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above information to request additional data andlor deny the authotization for any p.,1icular discharge. Upon receipt of additional information, the Division shall have an additional ten calendar days to issue or deny authorization for the pallicuiat· dischal·ge. (Notification of denial shall be by letter, in cases where coverage under an altemate general pelmit or an individual permit is required, instead of coveflige under this pelmit.) PART I Pelnli! -Page 5 Pelnli! No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cant.) b) Automatic Coverage: If the applicant does not receive a request for additional infonnation or a notification of denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to discharge in accordance with the conditions ofthis pelmit shan be deemed gmnted. c) Individual Permit Required: If, after evaluation of the application (or additional infonnation, such as the SWMP), it is found that this genenll pennit is not 'ppl'OpIiate for the operation, then the application will be processed as one for an individual pennit. The applicant will be notified ofthe Division's decision to deny certification under this general pennit. For an individual pelmi!, additional infonnation may be requested, and 180 days may be requiI .. d to process the application and issue the pennit. At the Division's discretion, tempnrary coverage under this general pennit may be allowed until the individual pelmit goes into effect. d) General vs. IndIvidual Permit Coverage: Any pennittee authorized by this pennit may request to be excluded from the coverage of this pennit by applying fol' an individual CDPS permit. The pelmittee shall submit an individual application, with reasons sllppOIting the request, to the Division at least 180 days prior to any discharge. e) Local Agency Authority: This pelmit does not pre-empt 01' supersede the authority oflocal agencies to prohibit, reshict, ot control discharges of stonnwater to stOlm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the pennittee must submit an Inactivation Notice form that is signed in accordance with Part I.F.1. of this penni!. The Inactivation Notice form is available from the Division and inclUdes: a) Permit certification number; b) The pel1llittee's name, address, telephone number; c) Name, location, and county fonhe construction site for which the inactivation notice is being submitted; and d) Celtification that the site has been fmally stabilized, and a descliption of the fmal stabilization methodes). 7. Transfer of Permit When responsibility for stolmwater discharges at a construction site changes from one entity to anotller, the permittee shan submit a completed Notice of Transfer and Acceptance of Terms fOlm that is signed in accordance with Prut I.F.1. of this permit. The Notice of Transfer fonn is available from the Division and includes: a) Pennit ceJtification number; b) Name,location, and county for the conshuction site for which the Notice of Transfer is being submitted; c) Identifying infOlmation for the new permittee; d) Identifying infomlation for the CUl'rent permittee; and e) Effective date ofu'8llsfer. If the new responsible palty will not complete the transfer fonn, the pel1llit may be inactivated upon written l-eqUest to the Division and completion of the Inactivation Notice if the pennittee has no legal responsibility, through ownership 01' contract, for the construction activities at the site. In this case, the new owner 01' operator would be required to obtain permit covemge separately. 8. Reassignment of Permit When a pennittee no langeI' has control of a specific portion ofa permitted site, and wishes to tnmsfer coverage of that portion of the site to a second P'lty, tile pennittee shall submit. completed NotIce orReasslgnment of Permit Coverage fonn that is signed in accoroance with P8I1 1.P.1. of this pennit. The Notice of Reassigmnent oiPennit Coverage fonn is available from the Division and includes: a) Cun'ent pennit certification number; b) Identifying information and certification as required by P8I1 I.AA.b for the new pel1llittee; c) IdentifYing information for the cunent pennittee, revised site infonnation and celtifieation for reassignment; and d) Effective date of reassignment. PARTl Pennit -Page 6 Pennit No. COR-030000 A. COVERAGE UNDER THIS PERMIT (cont.) Ifthe new responsible party will not complete the reassignment fOlm, the applicable portion of the permitted site may be removed from pelmit covemge upon wlitten request to the Division if the pelmittee has no legal responsibility, through ownership 01' contract, for the construction activities at the portion of the site. In this case, the new owner or operator would be requ!red to obtain pennit coverage separately. 9. Sale or Residence to Homeowners For residential construction only, when a residential lot has been conveyed to a homeowner and all criteda in paragraphs a through e, below, are met, coverage under this pennit is no longer required and the conveyed lot may be removed from coverage under the permittee's certification. At such time, the pennittee is no longer responsible for meeting the tenus and conditions of this pennit for the conveyed lot, including the requirement to tl'ansfer or reassign pelmit coverage. The pennittee remains responsible for inactivation of the original certification. a) The lot has been sold to tl,e homeowner(s) for plivate residential use; b) the lot is less than one acre of disturbed area; c) all construction activity conducted by the pelmittee on the lot is completed; d) a certificate of occupancy (or equivalent) h •• been awarded to the home owner; and e) the SWMP has been amended to indicate the lot is no longer covered bypennit. Lots not meeting an of the above criteria require continued permit coverage. However, this pennit coverage may be transferred (Part LA.7, above) or reassigned (Patt LA.8, above) to a new owner or operator. 10. Permit Expiration Date Autholization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and reissue this general pelmit at least once every five years and must receltify the peID1ittee's authodty to discharge under the general permit at such time. Therefore, a permittee desiling continued coverage under the general pennit must reapply by March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee's responsibility to ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms of the genem! pennit. An individual pelmit may be required for any facility not reauthorized to discharge under tbe reissued geneml pennit. 11. IndivIdual Permit Criteria Various critelia can be used in evaluating whether or not an individual (or altemate general) pennit is required instead of this general pennit. This information may come from the application, SWMP, or additional infonnation as requested by the Division, and includes, but is not limited to, the following: . a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality watel'); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system; or e) discharges of pOllutants of concem to waters for which there is an established Total Maximum Daily Load (TMDL). In addition, an individual pennit may be required when the Division has shown 01' has reason to suspect that the slormwater discharge may contribute to a violation ofa water quality standard. B. STORMW ATER MANAGEMENT PLAN (SWMP) -GENERAL REQUIREMENTS I. A SWMP shan be developed for each facility covered by this penni!. The SWMP shan be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PART I Pemtit -Page 7 Permit No. COR-030000 B. STORMWATER MANAGEMENT PLAN (SWMP) -GENERAL REQIDREMENTS (conI.) 2. The SWMP shall: a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of storrnwatel' dischw'ges associated with construction activity from tbe facility; b) Describe the practices to be used to reduce the pollutants in stonnwater discharges associated with constmction activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance lequirements; and 0) Be pro,lerly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and conditions ofthis permit. 3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity until fmal stabilization is complete, as a condition ofthis permit. The Division reserves the right to review the SWMP, and to require the pennittee to develop and implement additional measures to prevent and control pollution as needed. 4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CW A, or Best Management Practices (BMPs) Progrruns othenvise required by a separate CDPS permit, and may incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are available as part of the SWMP consistent with Part I.D.5.b. 5. For any sites with permit coverage before June 30, 2007, the pelmittee's SMWP must meet the new SWMP requirements as summatized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007. C. STORMW A TER MANAGEMENT PLAN (SWMP) -CONTENTS 111e SWMP shall include the following items, at a minimum. 1. Site Description. The SWMP shan clearly describe the constmction activity, to include: a) The nature ofthe construction activity at the site. b) The prop(}sed sequence for major activities. c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation, grading, or other constlUction activities. d) A summary of any existing data used fu the development of the site construction plans or SWMP that describe the s(}il or existing potential for soil erosion. e) A description ofthe existing vegetation at the site and an estimate of the percent vegetative glllund cover. f) . The location and description of all potential pollution sources, including ground surface disturbing activities (see Part I.A.2.h), vehicle fueling, storage offertilizers or chemicals, etc. g) Theloeation and descdption ofony anticipated all(}wable sources of non-storm water discharge at the site, e.g., uncontaminated springs, landscape inigation return flow, constructfon dewatering, and concrete washout. h) The name of the receiving water(s) and the size, type and location of any outfa11(s). If the stotmwater discharge is to a municipal separate storm sewer system, the name of that system, the location of the stOlm sewer discharge, and the ultimate receiving water(s). 2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, IdentiJYing: a) construction site boundaries; b) all areaS of ground surface disturbance; 0) areas of cut and fill; d) areas used for storage of building matedals, equipment, soil, or wasle; e) locations of dedicated asphalt or concrete batch plants; t) locations of a11slructural BMPs; g) locations ofnon-sltuetur.1 BMPs as applicable; and h) locations of springs, streams, wetlands and other surface waters. PART! Pennit -Page 8 Pennit No. COR-030000 C. STORMW A TER MANAGEMENT PLAN (SWMP) -CONTENTS (cant.) 3. Stormwater Management CDntl'ois. The SWMP must include a descdption of all stOlIDwater management controls that will be implemented as part oCthe construction activjty to control pollutants in stollnwater discharges. The appropriateness and priorities of st01mwater management controls in the SWMP shall reflect the potential pollutant sources identified at the facility. The descdption of stormwater management controls shaUaddress the following components, at a minimum: a) SWMP Administrator -The SWMP shaU identify a specific individual(s), position or title who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shan address all aspects of the facility's SWMP. b) Identification ofPot.ntlal Pollutant Sonrces -An potential pollutant sources, including matedals and activities, at a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall identify and describe those sources detellni,ned to have the potenti.l to contribute pollutants to stormw.ter discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph (e), below. At a ndnimum, each ofthe following sources and activities shall be evaluated for the potential to contribute pollutants to .tormwater discharges, and identified in the SWMP iffound to have such potential: 1) all disturbed and stored soils; 2) vehicle tracking of sediments; 3) management of contaminated soils; 4) loading and unloading operations; 5) outdoor storage activities (building materials, fertilizers, chemicals, etc.); 6) vehicle and equipment maintenance and fueling: 7) significant dust or particulate generating processes; 8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; 9) on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.): 10) concrete huck/equipment washing, including the coucrete truck chute and associated fixtures and equipment: II) dedicated asphalt and concrete batch plants; 12) non-industrial waste sources such as worker trash and portable toilets; and 13) other areas or procedures where potential spills can occur. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention -The SWMP shall identity and describe appropriate BMPs, including, but not Iindted to, dIose required by paragraphs I through 8 below, that will be implemented at the facility to reduce the potential oCthe sources identified in P81t I.C.3.b to contribute pollutants to stOlmwater discharges. The SWMP shall clearly describe the installation and implemenllltion specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. I) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all s.tructural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales, sediment traps, subsulfate dl'Bins, pipe slope drains, inlet protection! outlet protection, gabions, and temporBly or permanent sediment basins. 2) Non-Structural Practices for Erosion and Sediment Control. The SWMP shall clearly descdb. and locate, as applicable, all non-structural practices implemented at the site to minimize erosion and sediment transpOl1. Description must include interim and pelmanent stabilization practices, and site-specific scheduling for implementation ofthe practices. TIle SWMP should include practices to ensure that existing vegetation is preserved where possible. Non-structural practices may include, but are not Iindted to: temporary vegetation, pennanent vegetation, mulching, geotextiles, sod stabilization, slope roughening) vegetative buffer strips, protection of trees, and preservation of mature vegetation. PART I Pelmit -Page 9 Pelmit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) -CONTENTS (cont.) 3) Phased BMP Implementation. TIle SWMP shall clearly desclibe the relationship between the phases of conshuction, and the implementation and maintenance of both structural and non-structural stOlmwater management controls. The SWMP must identify the stonnwater management controls to be implemented dUling the project phases, which can include, but are not limited to, clealing and gmbbing; road construction; utility and infmstructure installation; vertical construction; final gnlding; and fmal stabilization. 4) Materials Handlin. and Spill Prevention. The SWMP shal! clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part I.E.) that could contribute pollutants to nmoff. Such procedUles or significant matelials could include: exposed storage of building materials; paints and solvents; fellilizers or chemicals; waste material; and equiplnent maintenance or fueling procedures. Areas or procedures where potential spills can occur !Ill!§! have spill prevention and response procedures identified in the SWMP. 5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate an practices implemented at the site to .ontrol stonnwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification. 6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads; graveled palicing areas; rcquidng that vehicles stay on paved areas on-site; wash racks; contractor education; andlor sediment contl'Ol BMPs, etc. 7) Waste MaPllgement and Disposal, Including Concrete Washout. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes (liquid and solid), including concrete washout activities. Ii) The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants ",sociated with the washing activity to stormw,ter runoff. iii) Part I.D.3.c of the pelmit autholizes the conditional discharge of concrete washout water to the ground. The SWMP shall clearly describe and locate the practices to be used that will erisure that no washout water from concrete washout activities is discharged from the site as surface lunoff or to sUlface waters. 8) Groundwater and Stormwater Dewatering. i) The SWMP shall clearly desctibe and locale the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations, wells, etc. il) Part I.D.3.d of the pennit authorizes the conditional discharge of construction dewateling to the ground. For any construction dewatering of groundwater not authotized under a separate CDPS discharge pennit, the SWMP shall clearly desCJibe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters. 4. Final Stabilization and Long-term Stormwater Man@gement a) The SWMP shall clearly describe the practices used to achieve final stabilization 0(.11 disturbed areas at the site, and any planned practices to control pollutants in stormwater discharges that will occur allerconstruction operations have been completed at the site. b) Final stabilization practices for obtaining a vegetative covershould include, as approptiate: seed mix selection and application methods; soil preparation and amendments; soil stabilization practices (e.g., cdmped straw, hydro mulch or rolled erosion control products); and appropI;ate sediment control BMPs as needed until fmalstabilization is achieved; etc. PARTl Permit -Page 10 Pennit No. COR-030000 C. STORMWATER MANAGEMENT PLAN (SWMP) -CONTENTS (cont.) 0) Final stabilization is reached when all ground sUlface disturbing activities at the site have been completed, and unifOim vegetative cover has been established with an individual plant density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. The Division may, after consultation with the permittee and upon good cause, amend the ftnal stabilization criteda in this section for specific operations. 5. IllsPGsUon and Maintenance Part J.D.6 of the permit includes requirements for site inspections. Port J.D.7 ofthe permit includes requirements for BMP maintenance, The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to maintain all etosion and sediment conlt'ol practices and other protective practices identified ill the SWMP, in good and effective operating condition. D. TERMS AND CONDITIONS I, General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges ftom construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including nanative standards for water quality, ' b) Concrete washout water shall not be discharged to state surface waters Ol'to storm sewer systems. On-site permanent disposal of concrete washout waste is !lQlauthorized by this permit. Discharge to the ground of concrete washout waste that will subsequently be disposed of off-site is authorized by this permit. See Pal! l.D.3.c of the permit. c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or equivalent adequate proteotion so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoting may be addressed by separate cOl'respondence. e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the emuent, Such monitoring may include Whole Emuent Toxicity testing. t) All site wastes must be properly managed to prevent potential pollution of State watel~. This permit does not authOlize on-site waste disposal. g) All dischargers must comply with the lawful requirements offederal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges of stonnwater to storm drain systems or other water courses under their jUllsdiction, including applicabJe requirements in municipal stonnwater management pI'Ogl'ams developed to comply with CDPS pennits. Dischargers must comply with local stOlmwater management requirements, policies or guidelines including erosion and sedlment control. 2. BMP Implementatloll and Design Standards Facilities must selec~ install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with constlUction activity to prevent pollution or degradation of State waters. PART! Pelmit -Page II Pennit No. COR·030000 D. TERMS AND CONDITIONS (cont.) 3. Prohibition of NOIl-Stormwater DIscharges a) Except as provided in pal'agraphs b, c, and d below, all discharges covered by this permit shan be composed entirely of stormwater associated with construction activity. Discharges ofmateri.l other than stonnw.ter must be addressed in a separate CDPS pelmi! issued for that discharge. b) Discharges from the foUowing sources that are combined with stOlmwatel' discharges associated with construction activity may be authorized by this pennit, provided th.t the nOll-stonnwater component of the discharge is identified in the SWMP (see Prot I.C.l.g of this pennit): -. emel'gency fil'e fighting activities .. uncontaminated springs -landscape irrigation l'etum flow c) Discharges to the ground of concrete washout watel" from washing of tools and concrete mixer chutes may be authorized by this pennit, provided that: I) the source is identified in the SWMP; 2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in violation of Part 1.D.l.a; and 3) these discharges do not leave the site as surface runoff or to surface waters d) Discharges to the ground of water from constlUction dewatering activities may be authorized by this petmit, provided that: . I) the source is groundwater and/or groundwater combined with stonnwater that does 1101 contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42; 2) the source is identified in the SWMP; 3) BMPs are included in the SWMP, as required by Part I.C.3(c)(8); and 4) these discharges do not leave the site as surface lUnoff or to surface waters. Discharges to the ground from consuuction dewatering activities that do not meet the above criteria must be covered under a separate COPS discharge permit. Contaminated groundwater requiring coverage under a sepro'Ste CDPS discharge pennit may include groundwatel' contaminated with pollutants from a landftll, mining activity, industdal pollutant plume, underground stol'age tank, or other source. 4. Relea.e. in Excess or Reportable Quantities This pennit does not relieve the pelmittee of the reporting requirements of 40 CFR I 10, 40 CFR 117 or 40 CPR 302. Any discharge ofhazat·dous material must be handled in accordance with the Division's Noncompliance Notification Requirements (see Part II.A.3 of the permit). 5. SWMPRegulrements a) SWMP Preparation alld Implementation: The SWMP shall bo prepared priOlo to applying for coverage undor the general pemtit, and celtification of its completion submitted with the application. The SWMP shall be implemented prior to commencement of constmction activities. The plan shall be updated as appropriate (see paragraph c, below), below}. SWMP provisions shall be implemented until expiration or inactivation of pel mit coverage. b) SWMP Retention Requirements: A copy Dfthe SWMP must be retained on sito unless another location, specified by the pennittee, is approved by the Division. c) SWMP RevieW/Changes: The permittee shall amend the SWMP: I) when there Is a change in design, construction, operation, or maintenance of the sito, which would require tho implementation of new or revised BMPs; or 2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stonnwat.r discharges associated with constmction activity; or PART! Pennit • Page 12 Pennit No. COR..-030000 D. TERMS AND CONDITIONS (cont.) 3) when BMPs are no longer necessaty and .. .., removed. SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below. SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropliate BMPs for site conditions; BMP maintenance procedures; and interim and fmal stabilization practices. The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs are needed to comply with the pennit, they are also included in the SWMP and implemented dUling the interim period. d) Respollslve SWMP Changes: SWMP changes addressing BMP installation andlor implementation are often required to be made in response to changing conditions, or when current BMPs are detennined ineffective. The majority of SWMP revisions to address these changes can be made immediately with quick in·th ... field revisions to the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is necessalY, SWMP revisions shall be made in accordance with the following requirements: 1) the SWMP shall be revised as soon as pmcticable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation oCcur at the site, and 2) a notation must be included in the SWMP prior to the site change(s) that inoludes the time and date of the change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) ofthose BMP(s). 6. Inspections Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required minimum inspection schedules do not reduce or eliminate the pennittee' s responsibility to implement and maintain BMPs in good and effective operational condition, and in accordance with the SWMP, which could require more frequent inspections. a) Minimum Inspection Schedule: The petmittee shall, at a minimum, make a thorough inspection, in accordance with the requirements inI.D.6.b below, at least once every 14 calendar days. Also, post·st01m event inspections must be conducted within 24 hoUl's after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate, the posHt01m inspections may be used to fulfill the 14-day routine inspection requirement. A more frequent inspection scliedule than the minimum inspections described may be necessaty, to en8llre that BMPs continue to operate as needed to comply with the permit. The following conditional modifications to this Minimum Inspection Schedule are allowed: 1) Post·Storm Event Inspections at Temporarily Idle Site,:' If no construction activities will occur following a stOlm event, post .. storm event inspections shall be conducted prior to re-conunencing constlUction -activities, but no later than 72 hours following the stonn event. The OCCUlTence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least evel)' 14 calendar days. 2) Inspections at Completed SltesfAreas -For sites 01' portions of sites that meet the following criteria, but fmal stabilization has not been achieved due to a vegetative cover that has not become established, the pennittee shall make a thorough inspection of their stonnwater maoagement system at least once evely month, and post· . stOlID event inspections are not required. This reduced inspection schedule is only allowed if: i) all construction activities Utat will result in surface ground disturbance are completed; ii) allaetivities required for fmal stabilization, in accordance with the SWMP, have been completed, with the exception of the application of seed that has not occuned due to seasonal conditions or the necessity for additional seed application to augment previous efforts; and iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this patllgraph. PARTI Pelmlt -Page 13 Pennit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 3) Winter Conditions Inspections ExclusIon -Inspections are not required at sites where construction activities are temporarily halted, snow cover exists over the entire site for an extended period, Jllll! melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during tbe period where melting conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post-stormevent inspections. The following information must be documented in the inspection record for use of this excluslon: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. Inspections, as described above, are required at all other times. When site conditions make th. schedule required in this section impractical, tbe permittee may petition the Division to grant an alternate inspection schedule. b) Inspection Requirements 1) InspectIon Scope -The conslluction site perimeter, all disturbed areas, material andlor waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the storrowater drainage system, or discbarging to state waters. All emsion and sediment control pl .. ctices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly. 2) Inspection ReportIRecords -The permittee shall keep a record of Inspections. Inspection reports must identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must be retained for three years from expiration or inactivation of permit covemge. At a minimum, the inspection repOlt must include: i) The inspection date; ii) Name(s) and title(s) of pel~onnel making the inspection; iii) Location(s) of discharges of sediment or other pollutants flum the site; iv) Location(s) ofBMPs tbat need to be maintained; v) Location(s) ofBMPs that failed to opemte as designed or proved inadequate for a palncnlar location; vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection; vii) Deviations from the minimum inspection schedule as pmvided in Prot I.D.6.a above; vii) Description ofcorrec1ive action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and measmes taken to prevent future violations, including requisite changes to the SWMP, as necessary; and viii) After adequate con-ective action(s) has been taken, or where a report does not identify any incidents requiring con-ective action, the l'eport shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer's knowledge and belief. c) Required Actions Following Site Illspectlons -Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the pelmit. Repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Part I.D.8 of the permit. SWMP updates required as a result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Palt I.D.S.c ofthe pelmit. 7. BMP Moiutemtnce All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in effective operating condition. Pl'Oper selection and installation of BMPs and implementation of comprehensive Inspection and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal of collected sediment outside the acceptable tolemnces oflbe BMPs, are considered to be no longer operating effectively and must be addressed in accordance with Part I.D.S, below. A specific timeline for implementing maintenance procedUl'es is not included in this permit because BMP maintenance is expected to be proactive, not responsive. ObselVations resulting in BMP maintenance activities can be made during a site inspection, or dUling general obselVations of site conditions. PART! Pennit -Page 14 Pennit No. COR-030000 D. TERMS AND CONDITIONS (cont.) 8. Replacement and Faned BMPs Adequate site assessment must be perfonned as part of comprehensive Inspection and Maintenance procedures, to assess the adequacy of BMP, at the site, and the necessity of changes to those BMPs to ensure continued effective perfonnance. Where site assessment results in the detennination that new or replacement BMPs are necessary, the BMPs must be installed to ensure on-going implementation ofBMPs as per Patt I.D.2. Where BMPs have failed, resulting in noncompliance with Palt l.D.2, they must be addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants. When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part I.D.5(c). 9. ReportIng No scheduled reporting requirements are included in this pennit; however, the DIvision reserves the right to request that a copy of the inspection reports be submitted. 10. SWMP AvanablUty A copy of the SWMP shall be provided upon request to the Division, EPA, or any localag_ncy in charge of approving sediment and erosion plans, grading plans or stonnwater management plans, and within the time frame specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Pm I.P.! of the pennit, certifying that the SWMP is complete and meets all petroit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA and Section 61.5(4) of the Colorado DischargePennit System Regulations. The pennittee shall make plans available to members of the public upon request. Howevet·, the permittee may claim any portion of a SWMP as confidential in accOl"dance with 40 CPR Part 2. 11. TotAl Ma:dmum Dally Load CfMDL) If a TMDL has been approved fot· any waterbody into which the pelroittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutan!-specific Wasteload Allocation (WLA) under the TMDL, the Division will either: a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal stonnwatel' pelmit; or b) Notify the penniltee of the WI.A, and amend the permittee's certification to add specific BMPs andlor other requirements, as approptiate. The pennittee may be required to do the following: I) Under the pennittee's SWMP, implement specific management practices based on requirements of the WLA, and evaluate whether the requit·emento are being met through implementation of existing stormwater BMPs or ifitdditional BMPs are necessmy. Document the calculations or other evidence that show that the requirements at·e expected to be met; and 2) If the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the BMP additions/revisions. Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or altemate general pe11nit coverage. PART! Pennit -Page 15 Pennit No. COR-030000 E. ADDITIONAL DEFINITIONS For the pUl]lOses of this pelmlt: I. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, 'operating procedures, pollution prevention, and practices to control site nlfloff, spillage 01' leaks, waste disposal, or drainage from matetial sWage. 2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. 3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and unifOlm vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this pennit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered fmal stabilization. 4. MunIcipal separate storm sower system: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, cUI'bsJ gutters, ditches, man-made chrumels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stonnwater, or other wastes; designed or used for collecting or conveying stonnwater. 5. Operator: the entity that has day-to·day supervision and contl'ol of activities occuning at the construction site. This can be the owner, the developer, the genel'al contractor 01' the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the defmition of 'operator and that the pennit may be transferred as the roles change. 6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 7. Part of a larger common plan of development or .ale: a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. 8. PoInt source: any discernible, confmed and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to . collect runoff, with runoff being conveyed along the resulting drainage or grading pattem. 9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nullient, biological material, radioactive rnatelial, heat, wrecked 01' discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. 10. Process water: any water which, during manufactaring 01' processing, COmes into contact with or results from tI,e production of any raw material, intelmediate product, finished product, by product or waste product. This defindtion includes mine drainage. 11. ReceIving Water: any classified stream segment (including ttibutaties) in the State of Colorado into which stonnwater related to construction activities discharges. This definition includes all water courses, even ifthey are usually dry, such as borrow ditches, arroyos, and other unnamed waterways. 12. Significant Materials include, but are not limited to: raw matetials: fuels; matedals such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw matetials used in food processing or production; Ilazardous substances designated under section 101 (14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title m of SARA: fertilizers: pesticides: and waste products such as ashes, slag and sludge that have the potential to be released with stOimwater discharge. 13. Stormwater: precipitation-induced surface runoff. PART! Pelmit -Page 16 Pemlit No. COR-030000 F. GENERAL REQUIREMENTS 1. Signatory Requirements a} All £opOlis required for submittal shall be signed IUld certified for accumey by the penninee in accordance with the following criteria: I} In the case of corporations, by a pdncipal executive officer of at leastthe level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the fOlID originates; 2} In the case of a pattnership, by a general pattner; 3) In the case of a sole proprietorship, by the proprietor; 4) In the case ofa municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the fonn originates. b) Changes to authorIzatIon. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authodzation satisfying the requirements of paragraph a} of this section must he suhnlitted to the Division, prior to or together with any reports, infonnation, or applications to be signed by an authorized representative. c) Certlllcalion. Any person signing a document under paragraph a) of this section shall make the following certification: "I certify under penalty oflaw that this document and all attachments were prepared under my direction or supelVision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the infOlmation submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the infOlmation, the information subnlitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false infOlmation, including the possibility of fine and imprisonment for knowing violations." 2. Retention DC Records a} The permittee shall retain copies of the SWMP and all reports required by this pennit and records of all data used to complete the application to be covered by this permit, for tin",e years after expiration or inactivation of permit coverage. b) The pelmittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of expiration or inactivation of pelmit coverage, unless another location, specified by the permittee, is approved by the Division. 3. Monitoring The Division reselVes the right to require sampling and testing, on a case-by-case basis (see p.art I.D.1.e), for example to implement the provisions of a TMDL (see Part I.D.!1 oflhe pennit). RepOlting procedures for any monitoring data collected will be included in the notification by the Division of monitoring requirements. If monitoring is required, the following definitions apply: a} The tblrty (30) day average shall be determined by the ruithmetic mean of all satnples collected dudng a thirty (30) consecutive-day peLiod. b} A grab sample, for monitoring requirements, is a single "dip and take" sample. PARTll A. MANAGEMENT REQUIREMENTS 1. Amending H Pcrmlt Certlflcation The pennittee shall inform the Division (Pennits Section) in writing of changes to the infannation provided in the pennit application, including the legal contact, the project legal description or map Oliginally submitted with the application, or the planned total disturbed acreage. The pennittee shall furnish the Division with any plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this notification may be accomplished through submittal of an application for a CDPS process water permit authOlizing the discharge. The SWMP shall be updated and implemented prior to the changes (see Part I.D.5.c). Any discharge to the waters of the State from a point source other than specifically authorized by this pelmit or a different CDPS permit is prohibited. 2. Special Notifications -DefinItions a) SpUl: An unintentional release of solid 01' liquid matedal which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and tempomry noncompliance with permit discharge limitations because offaetors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational elTor, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless 01' improper operation. 3. Noncompliance Notification a) The permittee shan repOlt the foHowing instances of noncompliance: 1) Any noncompliance which may endanger health or the environment; 2) Any spilt or discharge of hazardous substances or oil which may cause pollution of the waters of the state. 3) Any discharge of storm water whioh may cause an exceedance of a water quality standard. b) For all instances of noncompliance based on environmental bazards and chemical spills and releases, all needed information must be provided orally to the Colorado Department of Public Health and Environment spill repOlting line (24-hour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours from the time the permittee becomes aware of the circumstances. For aU other instances of noncompliance as defined in this section, alt needed infOlmation must be provided orally to the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the circumstances. For all instances of noncompliance identified here, a written submission shall also bepmvided within 5 calendar days of the time tltepem,;ttee becomes aware of the circumstances. The Wlitten submission shalt contain a description of: I) The noncompliance and its cause; 2) The period of noncompliance, including exact dates and times, and ifthe noncompliance has not been corrected, the anticipated time it is expected to continue; 3) Steps taken or planned to reduce, eliminate, and prevent reoccun'Once of the noncompliance. A. MANAGEMENT REQUIREMENTS (con!.) 4. Submission ofIncorrect or Incomplete Information WIlere the pelmittee failed to submit any relevant facts in a pelmlt application, or submitted incorrect information in a permit application or repol1 to the Division, or relevant new infolmation becomes available, the pennittee shall promptly submit the relevant application information which was not submitted or any additional infonnation needed to con .. c! any erroneous infOlmation pt .. viously submitted. 5. .!!l:rum a) A bypass, which causes effluent limitations (Le., requirements to implement BMPs in accordance with Pal1s I.B.3 and I.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: I) Bypass was unavoidable to prevent loss of life, personal injuty, or severe prope!1y damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., altelnative B'MPs), retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied ifthe permittee could have installed adequate backup equipment (e.g., implemented additional BMPs) to pt'event a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3) The permittee submitted notices as required in "Non-Compliance Notification,lI Part II,A,3. 6. Un sets a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b ofthis section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action fOT noncompliance, is final administrative action subject to judicia! review.) b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative defense ofupset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: I) An upset occurred and that the pemtittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part ll.A.3. of this permit (24-hournotice); and 4) The permittee complied with any remedial measures required under 40 CFR Section 122.41 (d) of the federal regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, orothel' pollutants removed in the COUl~e of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Advsf§9 Impact The pelmiltee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit, Including such accelerated or additional monitoring as necessalY to determine the nature and impact of the noncomplying discharge. A, MANAGEMENT REQUIREMENTS (cont.) 9, Reduction. Loss. or Failure of Stormw.t •• Controls The pennittee has the duty to halt or reduce any activity if necessruy to maintain compliance with the pennit requirements, Upon reduction, loss, or failure of any stOlIDwatel' controls, the permittee shaU, to the extent necessruy to maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, 01' both, until tbe stormwater controls are restored 01' au altemative method oftreatmentlcontrol is provided, Jt shall not be a defense for a permittee in an enforcement action that it would be necessaly to baIt 01' reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Prope), Opt:!ratJon Bnd Maintenance The pennittee shall at all times properly operate and maintain aU facilities and systems of treattnent and control (and related appurtenances) which are installed 01' used by the permittee to achieve compliance with the conditions of this pelmit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator stafllng and training, and adequate laboratolY and process controls, including appropriate quality assurance procedures, This provision requires the operation of back-up or auxilialY facilities or similar systems only when necessaI)' to achieve compliance with the conditions of the pelmit. . B, RESPONSIBILITIES I. InspectIons and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administratol; andlor their authorized representative(s), upon the presentation of credentials: a) To enter upon the pennittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the teons and conditions oftbis pennit; b) At reasonable times to bave access to and copy any records required to be kept under the tenns and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To' enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any dischru'ge andlor process waters, the taking of photographs, interviewing penn/ttee staff on alleged violations and other matters related to the permit. and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, pennit, or any alleged violation. 2_ Duty to Provide Information The petmittee shan furnish to the Division, within the time frame specified by the Division, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this pennit, 01' to determine compliance with this pennit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this pennit. 3_ Transfer of Ownership or Control Celtification under this permit may be transferred to a new pelmittee if: a) The current pennittee notifies the Division in writing when the traasferi. desired as outlined in Part I,A,7; and b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, covet~ge and liability between them; and c) The current pelmittee has met all fee requirements of the Colorado Dischru·ge Pennit Systam Regulations, Section 61.15, B. RESPONSIBILITIES (cont.) 4. l\fodificafion. Suspension. or Revocation of Permit By Dlyision All pelmit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002·61, except for minor modifications. a) This pemtit, andlor certification under this pennit, may be modified, suspended, or revoked in whole Of in part during its term for reasons determined by the Division including, but not limited to, the following: 1) Violation of any terms or conditions oftbe pennit; 2) Ob,··ining a permit by misl~presentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment oftelms or conditions of the pennit; 3) Materially false or inaccurate statements or information in the application for the pennit; 4) Promulgation of toxic effluent standards or prohibitions (including auy schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 ofthe Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or pmhibition is more stringent than any limitation for such pollutant in this permit. b) This permit, andlor certification under this pennit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the pennilled discharge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act Or federal requirements; or 3) Control regulations promulgated; or 4) Other available information indicates a p·otential for violation of adopted Water Quality Standards orstream classifications. c) This permit, or certification under this pennit, may be modified in whole or in P81t to include new effluent limitations and other approptiate permit conditions where data submitted pursuant to Part I indicate that such effluent limitations and permit conditions are necessaty to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request ofth. pennittee, the Division may modify or inactivate certification under this pennit if the following conditions are met: I) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division thel .. is no probability of further uncontrolled discharge(s} which may affect waters of the State. 3) The Division frnds that the pennittee has shown reasonable gl"Ounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee requirements of Section 61.15 of the Colorado Discharge Pennit System Regulations have been met; and 5) Applicable requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this pennit is automatically terminated when a site 1'88 been finally stabilized. B. RESPONSIBILITIES (cant.) 5. Permit Violations 'Failure to comply with any tenus andlor conditions of this pennit shall be a violation of this pennit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR I 22.26(b)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain ooverage under this or other Colomdo genel,,1 permits, 01' under an Individual CDPS pennit regulating industIial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-1 01, asamended. Failureto comply with CDPS penni! requirements will also constitute a violation. 6. Legal Resnonslblllties The issuance of this pennit does not convey any property or water rigbts in either real or pel~onal property, 01' stream flows, 01' any exclusive pdvileges, nor does it authorize any Injury to private property or any invasion of personal rigbts, nor any Inflingement of Federal, State or local laws 01' regUlations. Nothing In this pemtit shaH be construed to predude the institution of any legal action 01' relieve the pennittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 7. Severability The provisions of this pelmit are severable. If any provisions ofthis pelmit, 01' the application of any provision of this penn it to any circumstance, are held invalid, the applicatioll of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 8. Renewal Application If the pennittee desires to continue to discharge,. permit renewal application shall be subntitted at least ninety (90) days before this penni! expires. If the permittee anticipates that there will be no discharge after the expiration date of this pelmit, the Division should be promptly notified so that it can inactivate the certification in accordance with Prot n.B.4.d. 9. Confidentiality Except for data detemtined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Pemut System Regulations, Sectioll61.5(4), all reports prepared in accordance with the terms of this pe!mit shall be available for public inspection at the offices of the Division. The pennittee must state what is oonfidenti.l atthe time of submittal. Any infOlmation relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the pennittee, and which may be acquired, ascertained, or disoovered, whether in any sampling investigation, emergency Investigation, or othenvise, shall not be publicly disclosed by any member, officer, or employee oflhe Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be intelJlfeted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to subntit the required ree when due and payable is a violation of the pelmit and will result in enforcement action pursuant to Section 25-8-601 ct. seq., C.R.S. 1973 as amended. B. RESPONSIBILITIES (cont.) 11. Requiring all Indlyldual CDPS Permit The Director may require the pennittee to apply for and obtain an individual 01' alternate general CDPS permit if: a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for. general pennit; 01' c) Data/information become available which indicate water quality standards may be violated. The pennittee must be notified in writing that an application for an individual or alternate general CDPS pennit is required. When an individual or alternate general CDPS pennit is issued to an operator otherwise covered under this general pennit, the applicability of this general pennit to that operator is automatically inactivated upon the effective date of the individual or altemate general CDPS pennit. Water Qllality COlltrol DiviS/Oil WQCD-P-B2 4300 Chen'y Creek DI1ve SOllth Dellvel; Colorado 80246-1530 RATIONALE STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY GENERAL PERMIT IN COLORADO THIRD RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR-030000 1. II. III. IV. V. VI. VII. VIII. IX. X. 1. INTRODUCTION CONTENTS Illtroduction Changes in this Gelleral Permit Background Storlnwater Discharges Associated with Construclion Activity Coverage Under tltis Permit Application Q/ld Certificatioll Qualifying Local Programs Tenns and Conditions of Permit Public Notice -12/22/06 . Public Notice -3/23/07 PAGE 1 1 8 9 10 10 11 11 15 15 This permit isfor the regulatiOiI of stormwater nll/offfrom constmctioll activities, and specific allowable 11011-stormwater discharges in accordance with Part 1.D.3 of the permit. The term "consll'uclfon activity" includes ground sll/face disturbing activities, including, but not limited to, clearing, grading. excavation, demolition, instaliation of new or improved haul and access roads, stagillg areas, stockpiling offill materials, alld borrow areas. "Stormwater" is preCipitation-induced slllface runoff. This rationale will explain the background of the Stormwater program, activities which are covered under this pennit, how to apply for coverage under this permit, and the requirements of this permit. The /ol'lns discussed ill the rationale lind pel'mit are available on the Watel' Quality Control Division's website at: wlVlV,cdplle.state.co.lIs/wq/Pel'mitsU"it II. CHANGES IN THIS GENERAL PERMIT Several notable changesfrom the previous General Permitfor COllstruetioll Activities have beell illcOlporated illto this permit. Sigllificant changes are listed below, Nt/merom other minor challges were made for clarification purposes ollly, A. Authoritv to Disehargg. This section has beelll'estructured to /1st all of the types of activities covered by t!lis penllit, alld to be cOllsistellt with the definition of "collstruction activity." The definitioll of constructioll activity has beell expallded to provide clarificatioll, See Part I.A.l of the permit. PARTTI Penni! -Page 24 Penni! No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (contJ B. Authority to Discharge -011 and Gas ConstolCtion This seclion has been added. 10 lake inlo accounl a regulalolY change. The federal Energy Policy Act of 200S exempts nearly a/l oil and gas cOllslmction activities from federal requiremenls lInder the Clean Water Act's NPDES sto17l1water discharge penni! program. In Janumy 2006, Ihe Colorado Waler Quality Conlrol Commission held a hearing to delemline what eflects, if any, the change in foderallaw would have upon Colomdo's stormwater regulations. The Commission delermined that oil and gas cOllstruction sites in Colorado that disturb one or more acres are still required to be covered under Colorado's stormwater peJ711itting regulatiolls (Colorado Discharge Permit System (CDPS) regulations (SCCR 1002-61)). In practice, oil and gas construetioll sites have the same requiremellls under this permit as do other types of conslruction. Howevel; this permit cOlI/alns some referellces 10 Ihe federal Clean Waler Act; gellerally these references are 1101 applicable to oil and gas eonsh'uetion sites 10 Ihe extent that the referellces are limited by the federal Energy Policy Act of 200S. See Part I.A. I (b) of the permit. C. Avplicatlon Reqlliremellts The pemlit applicattOiI reqUirements have changed slighlly, ineluding the addition of an email address, if available. See Part I.A.4(b). The applicant must be either Ihe owner alld/or operator of the construction site. An operalor at a constructioll site that is 1I0t covered by a cel1ificatiollheld by an appropriate emity may be held liable for operatillg without the necessalY permit coverage. D. Temvorarv Coverage Part I.A.S(d) of tire previous permit (eflective July I, 2002) dealt with temporarily covering afacility Ullder the general permit evell if an individual permit is more appropriate. This permit sectioll essentiaily duplicated the previolls section (see PaN I.A.5(c)), and so it has been deleled. E. ReasSignment ofpennit Coverage Procedures have been added to clarify the requirements for Ihe h'ansfer of coverage of specific portiolls of a permitted site to a second party. See Sectioll VIlLL3 of the rationale alld Part I.A.8 of the permit. F. Illdividual Permit Criteria This sectioll has been modified to lilclude situations illvolving a Total Maximum D0l1y Load (TMDL). See PartI.A.lI of the pel'll/it. G. Stormwater Managemenl Plan (SWMP) The Storm water Management Plan section hai been divided illto two paris: Stonl/lvater MOIIagement Plan (SWMP) -General RequiremeJllS, which provides Ihe basic framework and general requirements for the SWMP, and Stol'mwater Management Plan (SWMP) -Contents, wilich specifically Idelllifies each item that must be addressed inlhe SWMP. See Parts I.B and I.C oflhe permit. H. Storlnwaier Management Plan (SWMP) General Requirements The SWMP General Requirements section has been modified to require thai the SWMP be updated in accordallce with Parts I.D.S(c) and I.D.S(d) oflhe permit (SWMP RevieW/Changes). This additional requirement ensures that the SWMP provisions refleci current site conditions. See Pari I.B.2(c) of the penn it. PART II Petmit -Page 25 Petmit No. COR·030000 II. CHANGES IN THIS GENERAL PERMIT (cant.) 1. Stormwater Management Plan (SWMP) -COlltellts The SWMP Contents section has been modified. Some of the changes are limited to organization of illjormatioll, which does 1I0t require modification of an exisling permittee's cu,.rent SWMP. Most of the SWMP changes involve either clarifications, reformatting. or taking recommendations fi'om the Division's SWMP gUide and making them permit requiremellts (e.g .• vehicle tracking COlltrols, BMP illstallatioll specifications). If an existing permittee (Le., those with pel"lnit covel"Qge before JI/ne 30, 2007) followed the recommendations ill the SWMP guide (Appendix A of the permit application), tlten their SWMP will presumably meet tlte new requirements. Howevel; for any existing permittees who did not follow tlte applicable SWMP gllide recommendations, their SMWP IIIl1st be amended to inelllde the new required items: -SWMP Administrator -Identification of potential pollutalll sources -Best Management Practices descriptions and installation specificatiolls, ine/uding dedicated COllcrete or asphalt batclt plants; vehicle tracking control; and waste mallagement and disposal (inciuding concrete washout activities). For existing permittees, any SWMP changes based on the change ill permit requirements lIlust be completed by October 1, 2007. The plall is not to be submitted to the Divisioll unless requested, but must be available on site as outlined In Pal1 I.D.5(b) of the pennit. The BMP requirement clarifications included ill this renewed pel"lllit in no way Imply that adequate BMPs to address all pol/utall! sources at a permitted site were 1I0t required ill previolls pel"lJlits. The revised requirements are intended only to belter clarifY SWMP colllen! requirements alld provide improved directioll to pennittees. The SWMP changes are listed below. All new applicants (after June 30, 2007) for permit coverage for their sites mllstjitlly comply with the new SWMP. orgallization, plan requiremellls, and implemelltatioll. 1. Site Descriptio1/: The requirement to provide an estimate of tlte run-off coejJic/el/l has been removed. The run-off coeffiCient as currently utilized ill the SWMP may not collfribllte sufficiently to penn it compliance tojustifY the eff0l1 ill determinillg accurate.values. SeePal·t I.C.} of the permit. Howevel; tlze Division still encourages use of the coefficient as needed to adequately evaluate site-specific BMP selection alld design criteria (e.g., pond capacities, BMP location, etc.) See Section C.2 of the SWMP gllidance (Appmdix A of the penni! application). 2. Site Map: Tlte requirement to identifY bOlll/daries of the IOO-yearjlood plain has been removed. The boundaries as currently utilized ill the SWMP may I/Ot contribute slifficientiy to permit compliance to justifY the effort in determilling their location. See Part I.e.2 of the permit. 3. Stonlllvaler Mallugemelll CO//trols: This sectioll has beell modified to require identification of a SWMP Administrator alld all potential pollutallts sources ill the SWMP. See Pal"! I.C.3 afthe permit. a) The SWMP Administrator is a specific iltdivldual(s), position O/'title who is responsiblefor the process of developing, implementing, maimaining, and revising the SWMP. This individual serves as the comprehellsive poillt of colt/act fa}' all aspects of the facility's SWMP. Tllis requiremellt may lIecessitate challges to existing permittees' SWMPs. PARTJI Permit -Page 26 Permit No. COR-030000 II. CHANGES IN THIS GENERAL PERMIT (cant.) b} The I'equiremelll to identify Potential Pol/utant Sources Itas been expanded to include more details for the evaluatioll of such sOllrces. This evaluation allows for the appropriate selectioll ofBMPs for implemellfation at a facility 01' site. Additionally, this SectiOIl was added to be consistent with the SWMP guide. This "equ/,'emellt lIIay lIecessitate challges to existillg pel7llittees'SWMPs, c) Best Management Practices (BMPs) for Stormwater Poliution Prevention: This section was modified to require the following items to be addressed in the SWMP. These "equ/relllellts may necessitate changes to existillg permittees' SWMPs, This section also requires that the SWMP provide Installation and implementation specifications for each BMP identified in the SWMP. For structural BMPs, in most cases, this must include a technical drawing to provide adequate installation specifications. See Part 1. C. 3(c}. i) Dedicated COl/crete 01' asphalt batch plants. This sectiollrequires that the practices IIsed to reduce the pollutants ill storm water discharges associated with dedicated concrete or asphalt batch plants be idemified in the SWMP. (Coverage ullder the cOllstructioll site SWMP and permit is not requiredfor batch plants if they have alternate CDPS pemlit coverage.) Ii) Vehicle tracking cOlltrol. This section requires that practices be implemented to cOlltrol sediment from vehicle tracking, alld that all such practices implemented at the site be clearly described in the SWMP. Iii) ·WastemallagementanddisposaI.This sectiol/requires that the practices implemented at the site to control stormwaterpollutiollfrom construction site waste, inciudillg concrete washout activities, be clearly described in the SWMP. It also requires that cOllcrete washout activities be conducted ill a manner that does not contribute pol/utants to stllface waters 01' stOl'lI/water runoff. ivY Concrete WashOtlt Water. Part I.D.3(c) of the permit has been revised to conditionally authorize discharges to the ground of cOllcrete wash waterji-om washing of tools and concrete mi.ter chutes when appropriate BMPs are implemented. The permit prohibits the discharge of concrete washout water to swface waters alld to storm sewer systems. Part I.C.3(c)(7) of the penllit requires that BMFs be in place to prevellt sUiface discharges of concrete wruhout waterji'om the site. The use of tlllibled pits to colllain concrete was/lOut water is a COli/ilion practice ill Colorado. The DiyisiOIl has further evaluated the lIeedfor a permit for discharge of concrete washout water to the gJ·Otllld. The Division has determilled that the use of appropriate BMPs for Oil-site washillg of tools alld cOllcrete mixer chutes would prevent any significalll discharge to gJ·oUlldwater. BMPs to protect groundwater are required by Part I.C.3(c)(7} of the pennit. Because pH is a pollutant of cOllcel1lforwashout activities, the soi/must have adequatebujJel7ng capacity to result inprotectioll of the groundwater standard, 01' a liner/containment must be used. The fol/owing management practices are recommended to prevellt all impact from unlined pits to gJ'oundwater: (1) the use of the washout site should be temporOlY (less than I year), alld (2) the washout site should be 1I0t be located in all m'ea where shallrnv gJ'oulldwater may be presellt, sllch as Ileal' lIalural drainages, springs, or wetlands. PART II Pelmi! -Page 27 Penni! No. COR·030000 II. CHANGES IN THIS GENERAL PERMIT (contJ Where adequate management practices are notfol/owed to protect groundwater quality, tlze Department may require discharges to un/ined pits to cease, or require the entity to obtain alternate reglllatDlY approval through 1I0tice ji'om either the Water Quality Conh'ol Division or the Hazardous Materials alld Waste Management Division. fit addition, Part I.D.1(b) of the permit has been revised to clearly state that the permit does not authorize all-site permanent disposal of concrete washout waste, only tempormy contailllnent of concrete washoutwaterji'om washing of tools alld cOllcrele mixer chutes. Upon termination of lise of the washout site, accunIlilated solid waste, incltldlng concrete waste and any cOlltaminated soils, must be removedji'om the site to prevent oll·site disposal of solid waste. v) . Constrllction Dewale/1ng. Pari !.D.3(d) of the pennil has been revised 10 conditionally authorize discharges to the ground ofwaterji'Om constructioll dewatering activities when appropriate BMPs are implemented. The permit does not authorize the discharge of groundwaterji'om construclioll dewatBl7ng to swface waters or to storm sewer systems. Pm11.C.3(c)(8) of the permit requires that BMPs be in place 10 prevenl sUlface discharges. The permittee may apply for coverage under a separate CDPS discharge permit, such as the COllstruction Dewatering general permit, if there is a potentialfor discharges to sll/face waters. The Division has determined tltat potential pollutant sources introduced illlo gl'Oundwater !i'01ll construction dewatering opemtions do 1I0t have a reasonable potelltial to result ill exceedance of groundwater standards when the discharge is to tlte ground. The prilltmy pollutant of cOllcem in uncontaminated gl'OulldlVater is .sediment. Although technologybased stmtdards for sediment do exist in 5 CCR 1002·41, the discharge of sediment 10 the ground as part of coltstruetiolt dewatering does not have tlte reasonable pOlential to result in trails port of sediment to the groundwater table so as to result In all exceedance of those . standards. For a discharge of water contaminated with other pol/utants that are prrueltt in concelltratiolts that may cause an exceedance of grotmdwater standards, separate CDPS discharge permit coverage is reqUired. Contaminated groultdwater may iltclllde that contamillated with pollutants ji'om a landfill, miniltg activity, industrial pollutant plume, underground storage tank, or other source of hUlllan-induced gl'Oundwater pollution and exceeding the State groundwater standards in Regulations 5 CCR 1002·41 and 42. J. Terms and Conditions. Genem/Limitatiolls and Desigll Standards This seclion reiterates the requirement thatfacilitles select, illstall, implement, and maintain appropriate BMPs, follOWing good engineering, hydl'Ologic and pollution conh'ol practices. In additloll, reqllil'emellls forpl'Olection ofwate,. quality standards (see Part l.D.1.(a) of the permit) and requirements to adequately design BMPs to prevelll pol/utiOlt or degradatiolt of State waters (see Part l.D.2 of the permit) have been t'evised mid are fully discussed in Part Il1.B of the mtionale, below. Additional language was also added to Section1I1.B of the mtionalefurther clarifYing the expectations for compliance with this permit. 1. Management orSite Waste This section has been modified to clarifY that oll'site waste must be pl'Operly mallaged to prevent potelltial pollutiolt of State waters, and that this permil does Itot authorize oil-site waste disposal. Solid waste disposal is regulated by the Hazardous Materials alld Waste Mallagement Divisioll. PARTU Penni! -Page 28 Penni! No. COR·030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) K. Tenns alld COlldltiolls. SWMP Requirements 1. SWMP Review/Challges: This sectioll now requires that whell challges are made to site cOllditiollS, the SWMP IIIlIst be revised immediately, except for some BMP description cltallges which conditionally lIIay occur within 72 hOllrs. This requirement is illcluded to both ensure tltat the SWMP be kept accurate alld IIp-to-date, and to clarIfY that storlllwater managemelll at a site typically should be proactive illstead of responsive, alld be integrated illto site managemellf to ellsure it is calibrated with those Changes. The sectioll was also cla .. ified to state that only changes ill site conditions that do not require Ilew or modified BMPs do lIOt need to be addressed ill the SWMP. See Pa .. t l.D.5(c) of the permit. 2. SWMP Cel1ijicatiom The previous pemlit was ullclear all a requiremellt that the copy of SWMP that remains at the facility had to be signed in acco .. dance with pemli! signatDlY reqllirements. This requirement has been deleted The signatDlY l'equiremelll of Part IF.! olllyapplies to the SWMP ifit is to be submitted to the Divisioll or to EPA. See Part LF. I of tlte permit. L. Telllls and Conditions. Post-Storm II!SPections The previous penni! required post-lltonll inspections, but did not specIfY the timing of illSpectiolls. This sectiollllOW requires that post-storm event inspections general(y be conducted within 24 hOllrs of the event. An altemative timeline has been allowed, only/or sites where there are 110 construction activities occurrillg following a stomt evellt. For tltis condilion, post-storm event inspections shall instead be conducted prior to commencing cOllstrllction activities, but 110 later than 72 hours following the slorm event, and the delay I/Oted inlhe inspection report. Anyexceptionfrom the millimum inspection schedule is tempora/Y, alld does not eliminate the l'equiremellt to pelform /'Outine maintenance due to the effects of a slorm evellt, illciuding maintailling vehicle tracking conlrols and removing sediment fl'om impervious areas. Inll/allY cases, maintenance needs will require a morefrequelll inspection schedule than the.millimum inspections required ill the permit, to ensure that BMPs cantin lie 10 operate as needed to comply with the permit. See Part I.D.6(a) of the penni!. M. Temls and Conditions. Inspections 1. The Winter Conditions Inspection Exclusion sectioll has been modified to include documentation requirememsfor this exclusion. See Part I.D.6(a) of the pel71lit. The Inspection Scope has been modified to include the requirement to illSpect waste storage areas during inspections conducted in accordance with the permit. See Part LD.6(b) of the permil. 2. The requirements for sites to qualify for reduced inspectionf/'equencies for completed sites have been slightly modified (see Part I.D.6(a)(2) of the permit,). The requirement now is thai only constmction activities that disturb the ground sUlface mllst be compleled. COlIStruction activities that can be conducted without disturbance of the ground slllface; for example, interior buildillg cOllstruction, and some oil well activities, would 1I0t prohibit a site fl'om othel1vise quallfYingfor the redl/ced inspection f/'equency. ilt additioll, the requirement for Ihe site to be prepared forfinal stabilizalion has been slightly mOdified to allow for sites that have not yet been seeded to qualIfY, as long as the site has otheMise been preparedforfinal stabilization, inciuding completion of appl'Opriate soil preparation, amendmellls alld stabilization practice. This will allow for sites with seasonal seeding limitations 01' where additiollal seed application may be needed ill the future to still qualifY. PARTIl Pennit -Page 29 Pelmit No. COR-030000 11. CHANGES IN THIS GENERAL PERMIT (cont.) 3. The Inspection Rep0l1/Records section (part I.D.6(b)(2)) was added to clarifY requlrementsfor inspection reports generated during an inspection conducted in accordance with Part I.D. 60fthe permit. inspection reports IIIUSt be signed by the inspectm; or the individual verifYing the corrective action indicated in the inspection report, on behalf of the permittee. Inspection reports are not typically required to be submitted to the Division, and.therefore, are I/Ot required to be signed and certifiedfor accuracy in accordance with Part l.F./of the permit. Howevel; any inspection reports that are submitted to the Division mustfollow the signatory requirements contained in that section. N. Terms alld COl/dit/olls. Maintenance. Repair. and Replacement ~(Co"trol Practices These sections have been added to c/aJ'W requirements for maintaining the BMPs identified in the SWMP andfor addressing ineffictive orfailed BMPs. BMP maillienance and site assessment to deterllline the overall adequacy of stormwater quality managemellf at the site IIIl1st occllr proactively, in order to ensure adequate colllro/of pollutallt sources at the site. III most cases, if BMPs are already not operating effectively, or have failed, the issue IlIIlst be addressed immediately, to prevent discharge ofpol/utants. See Parts l.D.7 and l.D.8 of the pel7llit. O. Total Maximum Daill' Load fTMDLI A section 011 TMDLs has been added. This section gives a general olltline of the additional requirements that may be imposed by the Division if the facility discharges to a waterbody for which a storlllwater-related TMDL is in place. See Sectioll VIIL C of the rationale and Part I.D.lI of the penllit. P. Additiollal Definitions Part I.E of the permit has been modified to remove the definition of runoff coeffiCient, as it is I/O longer a permit requirement. The defillitionfor state waters has also been deleted, but can befOllild in Regulation 6/. Q. Changes in DischQl'ge The section 011 the types of discharge O1'facility changes that necessitate Division notification has been clarified. See Part II.A.1 of the permit. R . Non-Compliance Notificatioll The section on notification to the Division regarding instances of non-compliance has been amended to clarifY which types of noncompliance require notification. See Part iI.A.3 of the pennit. S. Shm1 Term Certifications The previous permit allowed small sh0l1-term cOllstruction activities to be allth011zedfor a predetennined pel'iod fi'OlII 3 to 12 months, and thell automatically expire (all inactivationreqllest did 110t need to be submitted). The Issuance of these certifications has led to significalll confusion and incidents of noncompliance I:esultlngfi'om permittees unintelltionally letting theil' certifications expire prior to final stabilization, as well as issues regarding billing. Therefore, the provisions for ./lOrI-teml cel1ijlcatlons have been deleted. T. Bvpass The Division has revised the Bypass conditions in ParIII.A.5 of the permit to be consistent with the requirements of Reg lila lion 6/.8(3)(1). The revised language addresses IInder what rare occurrences BMPs may be bypassed at a site. PART II Penni! -Page 30 Penni! No. COR-030000 III. BACKGROUND As required wider the Cleall Water Act amelldments of 1987, the Environmental Protectioll Agency (EPA) has established aframeworkfor regulating III/micipal and Illdustrial stormwater discharges. Thisframework Is ullder the Natiollal Pol/utant Discharge Elimillat/on System (NPDES) program (Note: Tlte Colorado program is referred to as the Colorado Discharge Permit System, or CDP8, instead ofNPDES.) Tlte Water Quality COl/trol DIvisiol1 (lftlte Divisioll" has stormwater regulatiolls (5CCR 1002-61) in place. These regulations require specific types of industrial facilities tltat discharge storl1lwater associated with industrial activity (illdustrial ston/lwater), to obtain a CDPS permitfor s/lch discharge. The regulatiolls specifically illclude cOllslruction act/vities thaI disturb olle acre of land or more as industrialfacilities. Constructioll activities that are part of a larger COlllmOIl plan of developmellt which disturb aile acre or lItore over a period of time are also illcluded. A. General Permits The Division has detenllined that Ihe use of general pe17llits is the appropriate procedure for halldling most of the thaI/SOlids ofilldllstrial storlllwater applications withillthe State. B. Permit Requiremenls This permit does not impose "'"/lelic ejjluellt limits or require sublllission of ejjluellt moniloring data ill the permit applicatioll or ill the permit itself The permit illstead imposes practice-based ejjluent limitatiolls for stOl7lllvater discharges through the reqllirement 10 develop and illlplelllent a Stormwater Management Plon (SWMP). The narrative perlllit requirements inelude prohibitions against discharges ofnon-storlllwater (e.g., process water). See Part I.D.3 of the permit. The permit condit/ons for the SWMP inc/ude the requirement for dischargers to select, implemellt al/d mail/taill Best Mallagement Practices (BMPs) at a pe/1llitted cOlIStruction site that adequately mil/lmize pollutants itl the discharges to assure compUG/tce wilh the terms and conditions of the pe/mit. Part I.D.2 of the permit illeludes basic design stalldards for BMPs implemellted at the site. Facilities IIII1St select, install, implement, and maintain appropriate BMPs,followillg good engineering, hydrologic and pol/ution cOl/frol practices. BMPs implemented at the site must be adequately designed to cOl/trol all potential pollutant sources associated wilh construction activity to prevelll pollution or degradation of State waters. Pol/ution is defined III CDPS regulations (5CCR 1002-61) as man-made or mall-induced, or natural alteratioll of the physical, chemical, biological, and radiological ill/egrltyofwater. Utilizillg illduslly-accepted stalldards for BMP selection that are appropriate for the conditions al/d pol/lltant sources presellt will typically be adequate to meet these criteria, since constmction BMPs are intended to pl·event the discharge of all but lIIillilllal alllollnts of sediment or other polllltants that would not result in actual pollution of State waters, as defined above. However, site-specific design, including ongoillg assesslllelll of BMPs and pol/utant sources, is necessary 10 ensure that BMPs operate as intellded. The permit further requires that stOl1lllvater discharges from construction activities shall not cause, have the reasonable potelltial to cause, or measurably cOlltribute to an excursion above allY water quality standard, including nan·ative standardsfor water quality. This conditioll is the basis for all CDPSDischarge penllits, alld addresses the need to eIlSIl/·e that waters of the State lIIailllaill adequate water qllality, in accordance with water quality stalldards, to cOlltinlle to meet their designated I/ses. It is believed that, til most cases, BMPs call be adequate to meet applicable water quality standards. lfwater quality impacts are lIoted, or the Division otherwise deterlllilles that additional permit requiremellfs are necessmy, they are typically imposed as follows: 1) at the renelVal of this gelleral pel1/1it 01' through a general permit specific to all industrial sec/or (if the issue is sector-based); 2) through dil'ectiollji·om the Division based all the implemellfatioll of a TMDL (if the issue is watershed-based); or 3) if tlte issue is site-specific, through a revision to the certijicationji·olll the Divisioll based all an inspection or SWMP review, or through all illdividual pelmit. PART II Pelmit • Page 31 Penni! No. COR·030000 Ill. BACKGROUND (cant) Some cOlls/ructioll sites may be required to comply with a QualifYillg Local Program in place of meeting several of the specific requirements III t/tis penllit. Siles covered by a QualifYing Local Program may not be required to submit all applicationfol' coverage 01' a notice of iJlaclivatioll alld lIIay 1101 be required to pay the Division's·alllllmi fee. See Sectioll VIIofthe ratiollale. C. ViolatiollslPenalties Dischargers of stOl7lnvater associated with illdustrial activity, as dif/ned ill the CDPS regulatiolls (JCCR I002·61), that do 1101 obtain coverage under this or other Colorado general pemlits, or ullder all individual CDPS permit I'egllialing induslrial storll/watel; will be ill violation oflhe Federal Clean Water Act alld the Colorado Water Qllality Com/'ol Act, 25·8·101. Forfacilities covered ullder a CDPS pennit,jailure to comply with any CDPS permit requirement constitules a violatioll. As of Ihe time of pel mit issuance, civil pellalliesfor violations oflhe Act or CDPS penn it requiremenls may be up to $10,000 per day, alld criminal pol/utioll of state waters is punishable by fines of up to $25,000 per day. IV, STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The stormwa/el' regulations (CDPS regulations (JCCR 1002·61)), require that stormwater discharges associated with certaill industrial activities be covered Ilnder the pel'lllit program. Construction activity that disturbs olle acre or more during the life of the project is specifically illcluded in the listed illdustrial activities. This permit is illtended to cover most stol'mwater di~cllargesfi:omco//struct iollfacilittes requiJ'ed by State regulation to obtain a permit. . . A. COllstructjoll Activitv Constructioll activity includes ground smiace disturbillg activities illciuding, but 1I0t limited to, clearing, grading, excavalioll, demolitiOlI, illstallatioll ofllew or improved haul alld access roads, stagillg areas, stockpiling offill materiais, alld dedicated bO/'rolV/jili areas. COIIStruction does not include routine maillfenallce to mailltain origillal line and grade, hydraulic capacity, or original plllpose ofthefacility. (Tlte maintellance exclusioll Is illlended for projects such as road resmiacing, alld where there lVill be less thall olle acre of additio/tal groll/ld disturbed. Improvements 01' upgrades to existingfacllities 01' roads, where at least one acre is disturbed, would not qualifY as "routille maintellallce. ") Dif/nitlolls of additional terms can be fOllnd ill Part LE of the permit. StOl1lllvater discharges fi'om all cOllstructioll activity require permit covemge, except for operatiolls that ·resllll ill the disturbance of less than aile acre of total land area and which are 1I0t part of a larger comlllOIl plan of developmellt or sale. A "Ial'ger commoll plan of development or sale" is a cOlltiguous area where mllitiple separate alld distinct cOIIStruc/lon activities may be taking place at differellitimes on different schedules. . . . B. Types ofDischargesiActivities Covered 1. Storll/wate,~ This pel7l1it is illtellded to cover most nelV or existing discharges composed elltirely of storlnwaterfi'om cOllstruction activities tllat are required by State I'egulatloll to obtaill a permit. Tltis illcludes stormwater discharges associated lVith areas that are dedicated to producing earthen materials, such as soils, sand, alld gravel, for lise at a single cOllstruction site. These areas may be located at the coltstructioll site oi at some other location. This permit does 1I0t authorize tlte discharge of mille lVater or process water from bon'ow areas. This permit may also cover stornnvater discharges associated with dedicated asphalt piallts alld coltcrete plallls located at a specific construction site. PART II Penni! -Page 32 Penni! No. COR-030000 IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (conlJ 2. P"OCess waten Under cerlainreslrictiolls, discharges to the ground fi'om COllslrllction dewateril/g, alldfi'om concrele washout activities, are also covered (see Paris LC.3(c)(7), J.C.3(c)(8), I.D.3(c) and LD.3(d) oftlte permit). C. Tvpes orAct/vities NOT Covered 1. StormlVatel~ Aside from Ihe sources listed ill subparagraph B.1, above, this permit does not covel' stormwater discharged fi'om cOlis/ruction sites tltat is mixed wilh stormwalerfrom othel' types of illdllstrial activities, 01' process water of allY kind. Other types ofilldlls/rial activities that require stormwaler discharge permils pursuallf to different sectiolls oflhe regulatiollS (Regulation 5 CCR 1002-61, Seclioll 61.2(e)(iii)(AA, K)}, are 1I0t covered by this pennl/. . 2. Process waten This permit also does not covel' any discharge of process water to sUlface waters. If the conslruetioll activity ellcoUllters groundwatel; In order to discharge lhis groul/dwater to swiace waters, a COllstruCtiOIl Dewatering Disch(T)-ge Permit (penni! nllmber COG-070000) IIIl1st also be obtained. All application for this permit Ca/1 be oblailled from the Division allhe address listed ill PartLA.4(a) oflhe permil, or at Ihe website in Section 1 of the ralionale. V. COVERAGE UNDER THIS GENERAL PERMIT Under tltis general permit OlVnel'f or operalors of storlllwaler discharges associaled with constructioll activity may be granled amhorizatioll to discharge stormwater into walel'f of tlte Stale of Colorado. This includes stormwater discharges associaled with industrial activity fi'om areas that are dedicated to producing earthen materials, such as soils, sand alld gravel, for use at a single construction site, alld dedicated asphalt plants alld dedicated concrele plan Is. This permit does not pre-empt or supersede Ihe authority of olher local, slate orfederal agencies to prohibit, reSlrict or cOlltrol dischar-ges of stormwater 10 slonn drain systems or other water courses within Iheir jurisdictioll. . . . Authorizalion 10 discharge under Ihe penllit requires submittal of a compleled application form and a cerlificatioll that Ihe SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required illformalioll, Ihe Division may allow or disallow coverage under the gelleral permit. VI. APPllCATlON AND CERTIFICATION AI least tell days priol' to the commellcemellt of construction activities, the OWIler 01' operator of the construction site shall submit an original cOlllpleted application which includes the signed certificatioll Ihat Ihe SWMP is complete. Original sigllatllres are requiredfor the application 10 be cOllsidered complele. For small construclion slles Ollly, iflhe site is covered by a Qualifying Local Program (see below), submittal of an applicatioll is nol required. For Ihe plllposes of this pel'lllit, the "operator" is the persoll who has day-to-day cOlltrol over the project. This call be the owner, the developer, Ihe general conlractor or the agent of olle of these pa/1ies; ill some circumslallces. At different times during a cOllslructioll project, different types of parties may sat/if)! the defillition of "operalor" alld the certificalion may be transferred as roles change .. (Note -Under the Federall'egulations, this applicatioll process is referred to as a Nolice of In ten I, 01' NOL For illtel'llal cOllsislellCY with its currellt program, the Division will cOlllilllle 10 use Ihe term "application. ") A sllmma/Y of the permit application reqllirements isfollnd ill the permit at Part I.A.4(b). . If coverage IIl1der lhis general permit is appropriale, tlten a cerlification will be developed alld the applicant will be celtified ullder this general permil. PART II . Pennit -Page 33 Pennit No. COR-030000 VII. QUAUFYING LOCAL PROGRAMS For stomnvater discharges associated with small construction activity (i.e., olle to five acre disturbed QI'ea sites), the permit ineludes conditiO/IS that incorporate approved qualifYillg local erosion alld sedimellt control program (QualifYing Local Program) requirements by reference. A QualifYing Local Program is a municipal storm water program for stonnwater discharges associated with slllall construction activity that has been formally approved by the Division. Tlte requirements for QualifYing Local Programs are outlined ill Part 61.8(12) of the Colorado Discharger Permit System Regulations (also see the Division's "QualifYing Local Programs for Small Constructioll Sites -Application Guidallce 'J. Such programs must impose requirements to protect water quality that are at least as stringellt as those required ill tltis permit. A. Approyal Termination A Qualifying Local Program may be terminated by either tlte Division 01' the municipality. Upon tel'lnillation ofDivisioll approval of a QualifYillg Local Program, any small cOils/ruction activity required to obtaill permit coverage under Section 61.3(2)(1/) of the CDPS regulations (5CCR 1002-61), shall submit an application form as P"ovlded by the Division, with a certification that the Stol1nwater Management Plan (SWMP) Is complete as required by PaN l.A.3 of the permit, withill 30 days of Divisionllot!fication. B. Approval Exoimtion Division approval of a QualifYing Local Program will expire with tltis general permit on June 30, 2012. Any municipality desiring to colllillue Divlsloll approval of their program must reapply by Marclt 31, 2012. The Divisioll will detennille if the progmm may CO/Itollie asa approved Qualifying Local Program. VIIL TERMS AND CONDITIONS OF PERMIT A. Coverage under a Qualifying Local Progralll-For Small COIlstructioll Sites Olliv For sma/l collstructlon sites (disturbing less than 5 acres) covered under a Qualifying Local Program (see Seclloll Vll, above), only certain permit requiremellls apply, as outlilled below. The local program must have been formaUy designated by the Division to qualifY. Most lIIunicipalities have sOllie type of local program and may require pemlfts andfees. Howevel; simply haVing a program ill place does not necessarily mean that it is a qllalifYillgprogram and that a State permit Is not required. Tlte local muniCipality is respollsible for notifyillg operators and/or owners that they are covered by a QualifYing Local Program. As of May 31, 2007, tlte ollly approved QualifYing Local Programs within the state are for Golden, Durango alld Lakewood. Anupdaled list ofmllllicipalities with QualifYing Local Programs, inc/uding contact illformatioll, is available 0/1 the Division's website at: http://wlvw.cdphe.state.co.uslwqlPennitsUnitlstol.llllvater!construction.html. The Division reserves the right to require allY construction owner 01' operator withill the jurisdiction of a QualifYing Local Program covered under tltis permit to apply for and obtain coverage under the filII requirements of th is permit. 1. Permit Covemge: if a construction site is within the jurisdiction of a Qualifying Local Program, the owner or operator of the construction activity is authorized to discharge stornnvater associated with small constmction activity ullder this gelleral permit withollt tlte submittal of an application to the Division. The pel1llittee also is Ilot required to submit all II/activation notice or paymellt of all allllual fee to the Division. PART II Pelmit -Page 34 Pelmit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (COllt.) 2. Permit Terms and COl/ditiolls: The permittee covered by a QualifYing Local Program /llIISt comply with the requiremellls oj that QuaiifYing Local Program. 111 addition, the following pel7l1it sectiolls are applicable: aj Paris 1.A.I, I.A.2, and l.A.3: Authorizatioll to discharge alld discussioll of coverage under the permit. b) ParII.D.l: Generallimitatiolls that must be met in additioll to local requirements. cj Pal1s J.D. 2, I.D.3, 1.D.4: BMP implementation, prohibition of non-storm water discharges unless addressed ill a separate CDPS penni!, and requiremellls related to releases ojrep0/1abie qllantities. d) Part I.D.lI: Potelltial coverage IInder a Total MaximulIl Daily Load (TMDL). e) Part I.E: Additional definitions. j) Palt II (exceptfor Parts lI.A.I, I1.B.3, II.B.8, and 11.B.10): Specifically includes, but is 1I0t limited to, provisiolls applicable in the case of noncompliance with permit requirements, and reqlliremellls to provide illformatioll and access. B. StOl'l1l1vater Mallagemellf Pians (SWMPs) Prior to commencement of cOllstrllction, a stOl'l1l1vater mOltagement plan (SWMP) shall be developed and implemellted for each facility covered by this pe11llit. A cel1ification that the SWMP is complete must be submitted with the pentlit application. The SWMP shall identifY potential sources ofpollutton (including sediment) which may reasonably be expected to affect the quality oj stomlwater discharges associated with constl'l/ctioll activity from the facility. In additloll, the plan shall describe the Best Management Practices (BMPs) which will be used to reduce the pollutants ill st0I711water discharges from the cOllstruction site. (Note that permanent slonnwater colllrols, such as ponds, that are used as tempormy constmctioll BMPs must be adequately covered in the SWMP.) Facilities mtlst implement the provisiOlIS of their SWMP as a conditioll of this permit. The SWMP shall Illclude thefollowing items: I. Site Description 2. Site Map 3. Stol'lnwater Management Conh'ols 4. Long-term Storm water Management 5. Inspection and Maintenance (See Parts I.B. and I. C of the permit for a more detailed description ofSWMP I'equiremellls.) The Division has a gUidance document available on preparing a SWMP. The document is illcluded as Appendix A of the permit applicatioll, alld is available all the DIvlsioll 's website at lVww.cdphe.state.co.us!wq/PermitsUnit. Some changes have been made to the SWMP requirements. See Section ILl of the ratiol/alejor a discussion on permittee responsibilities regarding those changes. VIll. TERMS AND CONDITIONS OF PERMIT (cont.) MasterSWMP PART II Pennit • Page 35 Permit No. COR·030000 Often, a large constructwn project will involve mUltiple smaller cOllstruction sites that are within a common plall of development, or multiple well pads under construction within all oil and gas weI/field. Pollutam sources and the types of BMPs used can be relatively consistelll in such cases. A permittee could significantly streamline tlze SWMP development process through the lise of a master SWMP. SWMP ilifol71zationmust be developed and maillfainedfor all cOllstN/ction activities that exceed one acre (01' are parI of a common plan of development exceeding one acre) conducted within the penllilted area. By developing a single masler plan, the penni/tee can eliminate the need to develop repetitive infonl/ation In separate plans. Such a plan could inelude two sections, one containing a reference section with iliformation applicable to all sites (e.g., illStallation details and maintenance requirements for many standard BMPs, such as silt fence and erosion blankets), and the second containing all of the iliformation specific to each site (e.g., site EMP map, drailzage plans, details for EMPs requiring site specific design, such as retention ponds). As new activities begill, iliforlllallon required ill the SWMP is added to the plan, and as areas become finally stabilized. the related illformation is removed. Records ofiliforlllatiollrelated to areas that have beellfillally stabilized that are removed fi'om the active plallmust be mailltailledfor a period of at least three years from the date that the associated site is filzally stabilized. . C. Total Maximum Dailv Load (IMDLJ If the desigllated /lse of a stream or water body has been impaired by the presellce of a pollutant(a), development of a Total Maximum Daily Load (l'MDL) may be required. A TMDL is an estimate of allowable loadlllg ill the waterbody for the pol/utallt in questioll. Types of discharges that are or have the potential to be a sigllificant sotlrce of the pol/utant are also identified. Ifa TMDL has beell approved for ally waterbody illto which the permittee discharges, alld storl1lwater discharges associated with cons/ruction activity have beell assigned a pollutmlt-specific Wasteload Allocation (WLA) under the TMDL, the DMsion will either: 1. NotifY the pennittee of the TMDL, and a//lend the permittee's certification to add specific EMPs andlor other requiremellts, as appropriate; or· . 2. ElISure that the TMDL Is being implemellled pl'Operly through altemative locairequirements, such as bya mUllicipal stonmvater permit. (The oilly cU/nllt exmnple of this is the Cherry Creek Reservoir Control Regulation (72.0), which mandates that mUlllcipalities within the basillrequire specific BMPs for cOllstruction sites.) See Part I.D.ll of the permitforfi/rther lIiforlllatioll. D. Monitoring Sampling alld testing of stonnwaterfor specific parameters is not reqUired 01/a routine basis under this permit. However, the Divisioll reserves the I'jglzt to require sampling alld testlllg 011 a case·by·case basis, ill the evellt that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectivelless of the BMPs in removillg pollutants ill tlze e.lJlllelll. See Part I.D.l(e) of the permit. E. Facility Inspec/iolls COllstruction sites typically must illspect their stormwater mallagement controls at least eVelY 14 days alld withill 24 houl's aflel' the end of allY preclpitatioll or snowmelt event that causes sU/face el'osioll. At sites or pO/tiOIlS of sites where gl'OIlIld·disturbing construction has beell completed bllt a vegetative covel' has IlOt been established, these illspectiolls ml/st OCCUI' at least alice per mOllth. (At sites where persistellt snow covel' cOllditions exist, inspections al'e IlOt reql/ired during the period that mellillg conditiolls do 1I0t exist. These PART II Permit -Page 36 Permit No. COR-030000 VIII. TERMS AND CONDITIONS OF PERMIT (COlli.) conditiolls are only expected to occur at high elevations withill the Colorado mOl/llfains.) For all of these inspectiolls, records must be kept ollfile, Exceptions to the inspection requirements are detailed in Part LD.60fthepermit.· . . F. SWMP Revisions The permittee shall amend the SWMP whenever there is a change in design, constructioll, operation, 01' lIIaintenance of the site, which would require the implemelllat/on of new 01' revised BMPs. The SWMP shall also be amended if it proves to be ineffective ill achieving the general objectives of colltro/ling pollutallts In stormwater discharges associated with construction activity. The timingfor completion of SWMP changes is detailed in Parts I.D.5(c) ami I.D.5(d) of the permit.' . SWMP revisiollS shall be made prior to change In the field, or ill accordance with Part I.D.5(d) oj the permit. G. Reporting The inspection record shall be made available to the Division upon request. Regular submittal oj an all/llial report is /lot reqUired in this pel'llzit. See Part I.D.9 ajthe penni!. H Annual Fee The permittee is required to submit payment of an anllualfee as setforth ill the Water Quality Control Act. Pemliitees will be billedfor the initial permitjee wilhin afelY weeks of perm It issuance and then annually, based 011 a July 1 through June 30 billing cycle. 1. Res[!ollsibility fOr Permit The permit certification for a site may be inactivated, once coverage is ItO longer lIeeded. The certiju:atiOlz may be transferred, if another party is assuming responsibility for the entire area covered by the certification. In addition, permit responsibility jorparl of the area covered by the cel1ificatioll may be reassigned to another party. These actions are summarized below. The Stormwater Program cOils/ruction fact sheet explaills these actions ilzfilrther detail under the section on Multiple OwnerlDeveloper Sites, and is available all the Division website at Jzttp://wivw.cdphe.state. co.lls/wg/PeJ71zitsUllit/stol'llZ1vateriConstFac(Sheet.PDF. Section F. 1. Inactivatioll Notice: When a site has been finally stabilized in accordance with the SWMP, the permittee shall submit an Inact/vation Notice that Is Signed in accordallce with P0I1 I.F.l of the pel'llz/t. A SUlnlllOlY of the Inactiva/ion Notice content is described;n Part I.A.6 of the pentzit. A copy of the hzactivation Notice jorm will be mailed to the permittee along with the permit certification. Additional copies are availablefrom the Division. For sites where all areas have been removedfi'om pennit coverage, the permittee may submit an inactivation notice and terminate pennit coverage. III such cases the permittee would 110 /ollger have any land covered under their permit certification, alld therefore there would be 110 areas remaining to finally stabilize. Areas may be removed fi'oll! permit coverage by: -reassignmellf of permit coverage (part I.A.8 of the permit); -sale to homeowner(s) (Pal'll.A.9 of the permit); or -amendment by the penllittee, ill accordance with DiviSion guidance for areas where permit coverage has been obtained by a new operator 01' retlll'lled to agricultural use. PART" Pelmit -Page 37 Pelmit No. COR-030000 VIll. TERMS AND CONDITIONS OF PERMIT (COIlt.) 2. T"flI/sfer of Penn it: WheJI responsibility for stormwater discharges for an elltire cOllstructloll site changes fi'om one illdividual to OIlothel; the penni! shall be transferred ill accordance with Pari I.A. 7 of the permit. The permittee shall submil a compleled Notice ofTrat/sfer form, which is available from Ihe Divisioll, and at www.cdohe.state.co.uslwqlPermitsUnit. If the new responsible party will 1I0t complete the trOllsjerform. the penni! may be inactivated if the pel'nlittee has 110 legal responsibility, through (JOYnership or contract, for the cOlIstrllctioll activities at the sile. III this case. the lIew owner or operator IVould be reqllired to obtain permit coverage separately. 3. Reassignment of Pel'lnit: When a penllit/ee no longer has conh'ol of a specific P0l1ioll of a permitted site, alld wishes to transfer coverage of that portion of the site to a secolld party, the permittee shall submit a completed Notlee of Reassignment of Pel'll/it Covemge form, which is available ji'om Ihe Divisioll, and at wWIV.cdphe.stale.co.uslwq/PermitsUnil. Thefonll requires that both the exisling permittee and lIeW permittee complete their respective sections. See Pal1 I.A.8 of the permit. J. Duration of Permit The general permit will expire 01/Jllne 30, 2012. Tlte permittee's authority to discharge under this permit Is approved ulltil the explmtioll date oftlte general pennit. AllY permittee desiring colllillued coverage under tlte general permit past tlte expimtioll date must apply for recertification under the geneml permit at least 90 days prior to its eJipiratioll date. IX. PUBLIC NOTICE -12122106 Kathleen Rosow December 18, 2006 The pennit was sent to public notice 01/December 22, 2006. A public meeting was requested, and was held 011 FebruQ/y 2. 2007. Numerous comll/ellls were received all the draft pelmit. Responses to those comments, and a summmy of changes made to the dmft permit. are III a separate document entitled "Division Respollse To Public Comments." The permit will be sellt to a second public notice on March 23, 2007. Any changes resultillgfi'om the secolld public 1I0tice will be sU/llma17zed in the rationale. X PUBLIC NOTICE -3123107 Kathleen Rosow March 22, 2007 The pennit was se1lt to public 1I0tice for a second time on March 23, 2007. Numerous comments were received all the secolld draft permit. Responses to those comments. alld a summmy of the additional changes made to the draft permit, are contained ill a separate documellt entitled "Division RespOllse To Public Commellls Part II", This documelll is part of the rationale. Any changes based all the Divisioll response are incOIporated illto tlte rationale and permit. The response document is available onlilie at hltp:llwww.cdphe.state.co.uslwq/PermitsUnit!stomnvatericonstruction.html, or by emailillg cdphe.wqstonn@!tate.co.us. or by calling the Divisioll at 303-692-3517. Kathleen Rosow May3l,2007 Colo!'ado Department of Public Health & Environment Water Quality Control Division WQCD·P.B2 4300 Cheny Creek Drive South Denver, Colorado 80246·1530 FOR AGENCY USE ONLY ~C ___________ _ EFF _...,..-_ ---c---___ _ YEAR MONTH DAY . INACTIVATION NOTICE FOR CONSTRUCTION STORMWATER DISCHARGE GENERAL PERMIT CERTIFICA nON Please plint or we, Form must be filled out completely. Certification Number: COR·03 ____ _ TaxpayerlP..orElN ___________ _ Permittee (Company) Name: ___________________________ _ Pennittee Address: _______________________________ _ Phone No. ~ __ _ Site/Facility Name: _______________________________ _ ConstlUction Site AddressILocation: _________________________ _ County: ______ _ Contact Person: ______________________ _ Summary of work perfonned and description of fillal site stabilization: _____________ _ I certify under penalty of law th.t by the date of my signature below, all disturbed soils at the identified constlUotion site have been finally stabilized; alliemporary erosion aud sediment control measures have been removed; all' constlUotion and equipment maintenance wastes have been disposed of properly; and all elements of the Stonnwater Management Plan bave been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stonnwater associated with constmction activity by the general permit. I understand that discbarging pollutants in stonnwater associated with constt1lction activities to the waters of the State of Colorado, whet'e such discharges are not authorized by a CDPS pennit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I bave personally examined and am familiar with the infonnation submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the infonnation, I believe that the infonnation is true, accurate and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility offme and imprisonment. (See 18 U.s,C 1001 and 33 U.S.C. 1319,) Signature of Pennit Applicant (Legally Responsible Party) Dale Signed Name (Jirmted) HIGHLIGHTS CONSTRUCTION ACTIVITY STORMW ATER GENERAL PERMIT PERMIT REQUIREMENTS: * Inspections: Inspection of stormwater management system required at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. (See Inspections, page 12 of the peImit, enclosed.) * Records: Records of inspections must be kept "and be available for review by the Division. * Storm water Management Plan (SWMP): A copy of the SWMP must be kept on the construction site at all times. PERMIT FEE: * Send payment only when you receive an invoice (sent once a year). PERMIT TERMINATION AND TRANSFER: * * * * * If the facility is finally stabilized, you may inactivate the pelmit, using the enclosed Division form. "Final stabilization" is reached when all the construction is complete, paving is fmished, and the vegetation (grass, etc.) is established, not just reseeded. See pelmit, page 9.· If the entire site changes ownership, you should transfer the permit to the new owner. If part of the site will be sold to a new owner, you will need to reassign permit coverage. FOlIDS for these actions are available on our website, below. Also see page 5 of the pelIDit. QUESTIONS? * www.cdphe.state.co.us/wq/Permits U nitlstormwater * Email cdphe.wgstorm@state.co.us * Or call (303)692-3517, ask for Matt Czahor or Kathy Rosow 6107