HomeMy WebLinkAboutColorado Discharge Permit/Stormwater. COR-03B313 � - � STAT�, OF COL R�
O DO
Bill Ritter,Jr.,Governor
James B.Martin, Executive Director
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Dedicated to protecting and improving the health and environment of the people of Colorado ��'_;-������90
4300 Cherry Creek Dr.S. �aboratory Services Division *�i�� *
Denver,Colorado 80246-1530 8100 Lowry Blvd. « �t;_� *
Phone(303)692-2000 Denver,Colorado 80230-6928 ��s�s�
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado
of Public Health
http:J/www.cdphe.state.co.us and Environment
1/23/2007
Ronald T.Byrne,Member
Lunar Vail, LLC
285 Bridge Street
Vail,CO 81657
970/476-1987
RE: Final Permit,Colorado Discharge Permit System—Stormwater
Certification No: COR-03B313,Eagle County
Vail Mountain View
Local Contact: Ron Byrne,,970/476-1987
Anticipated Activity: O1/31/2007 through 09/30/2008
On 1.25 acres(1.25 acres disturbed)
Dear Sir or Madam:
Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control
Act
Your certification under the permit requires that specific actions be performed at designated times. You are legally
obligated to comply with all terms and conditions of the pernut.
Note that the stormwater permit for construction activities now covers construction sites disturbing down to one acre(the
previous ttu•eshold was 5 acres). Effective July 1,2002,any construction activity that disturbs at least 1 acre of land(or is
part of a larger conunon plan of development or sale that will disturb at least 1 acre)must apply for pernut coverage.
Please read the pemut and certification. If you have any questions please visit our website at
http://www.cdphe.state.co.us/wq/permitsunidwqcdpmt.html, or contact Matt Czahor at(303) 692-3575.
Sincerely,
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Katluyu Dolan
Stormwater Prograni Coordinator
Permits Unit
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Regional Council of Goveriunents
Eagle Cotmty Health Department
District Engineer,Technical Services,WQCD
Peinut File
Fee File
Permit No. COR-030000
Facility No. COR-03B313
PAGE 1 of 17
CERTIFICATION
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION
Construction Activity: Commercial Development
This permit specifically authorizes: Lunar Vail, LLC
to discharge stormwater from the facility identified as Vail Mountain View
which is located at: S Frontage Road &Vail Valley Dr.
Vail, Co
latitude 39.641, longitude 106.351 in Eagle County
to: Gore Creek
effective: O1/23/2007
Annual Fee: $270.00 (DO NOT PAY NOW. You will receive a prorated bill.)
Page 2 �f 17
Permit No. COR-030000
CDPS GENERAL PERMIT
STORMWATERDISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER'I'HE
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 pemut authorizes the discharge of stormwater associated with construction activities certified
under this permit, from 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 permit specifically authorizes the facility�listed on page 1 of this permit to discharge stormwater
associated with construction activity, as of this date, in accordance with permit requirements and �
conditions set forth in Parts I and II hereof. All dischazges authorized herein shall be consistent with the
term.s and conditions of this permit.
This permit and the authorization to dischazge shall expire at midnight, June 30,2007.
Issued and Signed this 21st day of May,2002
COLORAD�DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMEN`I'
� .
F�
J. David Holm,Director
Water Quality Control Division �
DATE SIGNED: MAY 21,2002
EFFECTIVE DATE OF PERNIIT: JULY 1,2002
TABLE OF CONTENTS
PARTI
.. COVERAGE UNDER THIS PERMIT........................................................................................................................................ 3
1. Authority to Discharge............................................................................................................................................. 3
a) Applicable Secrions..................................................:.............................................................................. 3
2. Industries Covered Under this Pernut....................................................................................................................... 3
a) Definitions:.............................................................................................................................................. 3
b) Types of Acrivities Covered by this Pernut: ........................................................................................... 3
3. Pemiit Coverage Without Application..................................................................................................................... 3
a) Applicable Sections................................................................................................................................. 3
bLocal A enc Authori ............................................................... 3
) g Y ty...........................................................
c) Pernut Coverage Termination................................................................................................................. 4
d) Compliance with Qualifying Local Program........................................................................................... 4
e) Full Permit Applicability......................................................................................................................... 4
4. Application,Due Dates ............................................................................................................................................ 4
a) Application Due Dates............................................................................................................................ 4
b) Summary of Applicarion......................................................................................................................... 4
5. Permit Certification Procedures................................................................................................................................ 4
a) Request for Additional Information........................................................................................................ 5
b) Automatic Coverage................................................................................................................................ 5
c) Individual Pernvt Required..................................................................................................................... 5
d) Temporary Coverage............................................................................................................................... 5
e) General vs.Individual Pemut Coverage.................................................................................................. 5
� Local Agency Authority.......................................................................................................................... 5
6. Inacrivarion Notice................................................................................................................................................... 5 �
7. Transfer of Pernvt ..................................................................................................................................................... 5
8. Permit Expirarion Date............................................................................................................................................. 6
9. I}�dividual Permit Criteria......................................................................................................................................... 6
,3. CONTENTS OF THE STORMWATER MANAGEMENT PLAN............................................................................................. 6
1. Site Description........................................................................................................................................................ 7
2. Site Map................................................................................................................................................................... 7
3. BMPs for Stormwater Pollution Prevenrion............................................................................................................. 7
a) Erosion and Sediment Controls................................................................................................................ 7
b) Materials Handling and Spill Prevention................................................................................................. 8
4. Final Stabilizarion and Longterm Stormwater Management....................................................................:............... 8
5. Other Controls.......................................................................................................................................................... 8
6. Inspection and Maintenance..................................................................................................................................... 8
C. TERMS AND CONDITIONS..................................................................................................................................................... 8
1. General Limitarions.................................................................................................................................................. 8
2. Prohibition of Non-stormwater Discharges................................•-............................................................................ 9
3. Releases in Excess of Reportable Quantities............................................................................................................ 9
4. Stormwater Management Plans................................................................................................................................ 9
a) Signatory Requirements.......................................................................................................................... 9
b) SWMP Review/Changes......................................................................................................................... 9
5. Inspections................................................................................................................................................................ 9
a) Active Sites.............................................................................................................................................. 9
b) Completed Sites...................................................................................................................................... 10
c) Winter Condirions.................................................................................................................................. 10
6. Re ortin ........................................................... 10
PS......................................................................................................
7. SWMP Submittai Upon Request............................................................................................................................. 10
D. ADDITIONAL DEFINITIONS.................................................................................................................................................. 10
-2a-
PARTI
Page 3
Permit No.COR-030000
PARTI
.-�. COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
Under this pernrit,construcrion acriviries,including clearing,grading,and excavarion,are granted authorization to
discharge stormwater associated with construcrion activities into waters of the state of Colorado.
a. Applicable Sections: This pernut is made up of several parts,not all of which apply to all permittees. The
pennittee will be responsible for determining and then complying with the applicable secrions,depending upon
whether or not a Qualifying Local Program covers the site. For sites not covered by a Qualifying Local Program,
all Parts of the pernut except Part I.A.3 apply.
2. Industries Covered Under this Permit
a) Definitions:
1) Stormwater: Stormwater is precipitation-induced surface runoff.
2) Construction activitv: Construction activity includes clearing, grading and excavarion activities.
Construction does not include routine maintenance performed by public agencies,or their agents to maintain
original line and grade,hydraulic capacity,or original purpose of the facility.
3) Small construcrion activity: Stormwater discharge associated with small construction activity means the
discharge of stormwater from construction acriviries that result in land disturbance of equal to or greater than
one acre and less than five acres. Small construction activity also includes the disturbance 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 ultirnately disturb equal to or greater than one and less than five acres.
4) Qualifving Local Program: This pernut includes conditions that incorporate qualifying local erosion and
sediment control program(Qualifying Local Program)requirements by reference. A Qualifying Local
Program is a municipal stormwater program for stormwater discharges associated with small construcrion
acrivity that has been formally approved by the Division.
5) Other Defmitions: Definitions of addirional terms can be found in Part I.D.of this permit.
b) Types of Activities Covered by this Permit: This permit may authorize all new and existing discharges of
stormwater associated with construction acrivity. This includes stormwater discharges from areas that are
dedicated to producing earthen materials,such as soils,sand and gravel, for use at a single construction site. This
permit also includes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch
plants. This permit does not authorize the discharge of mine water or process water from such areas.
3. Permit Coverage Without Application—for small construction activities under a Qualifying Local Program only
If a construction site is within the jurisdiction of a Qualifying Local Program,the operator of the construction acrivity is
authorized to discharge stormwater associated with small construction acrivity under this general permit without the
submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program,only Parts i.A.l, 1.A.2, 1.A3,I.C.1,
I.C.2,I.C.3,I.D and Part II of this pemut,with the exceprion of Parts II.A.1,II.B3,II.B.8,and II.B 10,apply.
b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict,or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
PART I
Page 5
Pemut No.COR-030000
A. COVERAGE UNDER THIS PERMIT(cont.)
a) Request for Additional Information: The Division shall have up to ten days after receipt of the above
information to request additional data and/or deny the authorization for any particular dischazge. Upon receipt of
additional information,the Division shall have an additional ten days to issue or deny authorization for the
particular discharge. (Norification of denial shall be by letter,in cases where coverage under an altemate general
permit or an individual pernut is required,instead of coverage under this pernut.)
b) Automatic Coverage: If the applicant does not receive a request for ad"dirional informarion or a notification of
denial from the Division dated within ten days of receipt of the applicarion by the Division,authorization to
discharge in accordance with the condirions of this pernut shall be deemed granted.
c) Individual Permit Required: If,after evaluation of the applicarion(or addirional informarion,such as the
SWMP),it is found that this general permit is not applicable to the operation,then the application will be
processed as one for an individual pemut. The applicant will be notified of the Division's decision to deny
certification under this general pemut. For an individual pernut,additional information may be requested, and 180
days will be required to process the applicarion and issue the pernut.
d) Temporary Coverage: Notwithstanding Parts I.A.S.a-c,above,the Division reserves the right to temporarily
cover stormwater discharge from construction activity under general permits,even though individual permit
coverage may be more appropriate.
Certificarion of these activiries under a general permit does not in any way infringe on the Division's right to
revoke that coverage and issue an individual pernrit or amend an existing individual permit.
e) General vs.Individual Permit Coverage: Any owner or operator authorized by this permit may request to be
excluded from the coverage of this pemut by applying for an individual CDPS permit. The owner or operator
shall submit an individual application,with reasons supporting the request,to the Division at least 180 days prior
to any discharge.
� Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
resti-ict,or control discharges of stormwater to storm drain systems or other water courses within their jurisdicrion.
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP,the operator of the facility must submit an
Inactivation Notice that is signed in accordance with Part I.E.1. of this pernrit. The Inactivarion Notice form is available
from the Division and includes:
a) Pemut certification number;
b) The pemuttee's name,address,telephone number;
c) Name,locarion,and county for the construction site for which the applicarion is being submitted.
d) Certificarion that the site has been finally stabilized,and a description of the final stabilizarion method(s).
An inacrivation form may not be required for small construcrion activiries if applicarion was made for coverage with a
completion date less than 12 months from the start of construction activity. In such cases,permit certification may be
authorized for a predeternuned period from 3 to 12 months. The permit certificarion will include the automaric
expiration date for permit coverage. If pernut coverage beyond that date is needed(i.e.,the site has not been fmally
stabilized),the permittee must submit an extension request form to the Division at least 10 days prior to the expiration
date.
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one individual to another,the
pernuttee shall submit a completed Notice of Transfer and Acceptance of Terms of a Construction General Stormwater
Discharge Pemut Certification that is signed in accordance with Part I.E.1.of this permit. The Notice of Transfer form is
available from the Division and includes:
I ' PART I
Page 7
Permit No.COR-030000
�3. CONTENTS OF THE STORMW ATER MANAGEMENT PLAN (cont.)
1. Site Description
Each plan shall provide a descriprion of the following:
a) A descriprion of the construction activity.
b) The proposed sequence for major acrivities.
c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing,excavation or
grading.
d) An esrimate of the runoff coefficient of the site before and after construction activities are completed and any
existing data describing the soil,soil erosion potential or the quality of any discharge from the site.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
fl The location and description of any other potential pollution sources,such as vehicle fueling,storage of fertilizers
or chemicals,etc.
g) The location and description of any anticipated non-stormwater components of the discharge,such as springs and
landscape irrigarion retum flow.
h) The name of the receiving water(s)and the size,type and location of any outfall or,if the discharge is to a
municipal separate storm sewer,the name of that system,the locarion of the storm sewer discharge,and the
ultimate receiving water(s).
2. Site Ma
Each plan shall provide a generalized site map or maps which indicate:
- construcrion site boundaries
- all areas of soil disturbance
- areas of cut and fill
- areas used for storage of building materials,soils or wastes
- location of any dedicated asphalt or concrete batch plants
- location of major erosion control faciliries or structures
- springs,streams,wetlands and other surface waters
- boundaries of 100-year flood plains,if detemuned.
3. BMPs for Stormwater Pollution Prevention
The plan shall include a narrative descriprion of appropriate controls and measures that will be implemented before and
during conshucrion activities at the facility.
The plan shall clearly describe the relationship between the phases of construcrion and the implementation and
maintenance of controls and measures. For example,which controls will be implemented during each of the following
stages of construction:clearing and grubbing necessary for perimeter controls,uutiation of perimeter controls,remauung
clearing and grubbing,road grading,storm drain installation,final grading,stabilization,and removal of con�ol
measures.
The descriprion of controls shall address the following minimum components:
a) Erosion and Sediment Controls.
1) Structural Pracrices. A descriprion of structural site management practices which will minimize erosion and
sediment transport. Practices may include,but are not limited to: straw bales,silt fences,earth dikes,
drainage swales,sediment traps,subsurface drains,pipe slope drains,inlet protecrion,outlet protecrion,
gabions,and temporary or permanent sediment basins.
2) Non-Structural Pracrices. A description of interim and permanent stabilizarion practices,including site-
specific scheduling of the implementarion of the practices. Site plans should ensure that existing vegetation
is preserved where possible and that disturbed areas are stabilized. Non-structural pracrices may include,but
are not lunited to:temporary seeding,permanent seeding,mulching,geotexriles, sod stabilization,vegetative
buffer strips,protecrion of trees, and preservation of mature vegetation.
� .
PARTI
Page 9
Permit No. COR-030000
C. TERMS AND CONDITIONS(cont.)
� fl All wastes composed of building materials must be removed from the site for disposal in licensed disposal
facilities. No building material wastes or unused building materials shall be buried,dumped,or discharged at the
site.
g) Off-site vehicle tracking of sediments shall be minimized.
h) All dischargers must comply with the lawful requirements of municipaliries,counties,drainage districts and other
local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their
jurisdiction, including applicable requirements in municipal stormwater management programs developed to
comply with CDPS pemuts. Dischargers must comply with local stormwater management requirements,policies
or guidelines including erosion and sediment control.
2. Prohibition of Non-Stormwater Dischar�es
a) Except as provided in paragraph b,below, all discharges covered by this permit shall be composed entirely of
stormwater. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued
for that discharge.
b) Discharges from the following sources that are combined with stormwater discharges associated with construction
activity may be authorized by this pernut,provided that the non-stormwater component of the discharge is
idenrified in the SWMP(see Part I.B.l.g of this permit):
-fire fighting activiries -landscape irrigation retum flow
-springs
3. Releases in Excess of Reportable Quantities
'This permit does not relieve the permittee of the reporting requirements of 40 CFR 110,40 CFR 117 or 40 CFR 302.
Any discharge of hazardous material must be handled in accordance with the Division's Norification Requirements(see
Part II.A.3 of the pemut).
4. Stormwater Management Plans
Prior to commencement of construcrion,the stormwater management plan(SWMP)shall be implemented for the
const�uction site covered by this permit.
a) Signatory Requirements: The plan shall be signed in accordance with Part I.E.1.,with one retained on site.
b) SWMP Review/Changes: The pemuttee shall amend the plan whenever there is a significant change in design, .
construction,operarion, or maintenance,which has a significant effect on the potenrial for the discharge of
pollutants to the waters of the State,or if the SWMP proves to be ineffective in achieving the general objecrives of
controlling pollutants in stormwater discharges associated with construcrion acrivity.
5. Insnections
a) Active Sites-For sites where construction has not been completed,the pemuttee shall make a thorough inspecrion
of their stormwater management system at least every 14 days and after any precipitarion or snowmelt event that
causes surface erosion.
1) The construcrion site perimeter,disturbed azeas and areas used for material storage that are exposed to
precipitation shall be inspected for evidence of,or the potenrial for,pollutants entering the drainage system.
Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are
operating correctly.
. .� '
PART I
Page 11
Pernut No. COR-030000
D. ADDITIONAL DEFINITIONS(cont.)
4. Final stabilization: when all soil disturbing activities at the site have been completed,and uniform vegetative cover has
been established with a density of at least 70 percent of pre-disturbance levels,or equivalent permanent,physical erosion
reducrion methods have been employed. For purposes of this pernut,establistunent of a vegetarive cover capable of
providing erosion control equivalent to pre-exisring conditions at the site will be considered fmal stabilization.
5. Municipal storm sewer system: a conveyance or system of conveyances(including:roads with drainage systems,
municipal streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains), owned or operated by a
State,city,town,county, district,or other public body(created by state law),having jurisdicrion over disposal of sewage,
indus�ial waste,stormwater,or other wastes; designed or used for collecting or conveying stormwater.
6. Operator:the individual who has day-to-day supervision and control of acriviries occurring at the construction site. This
can be the owner, the developer,the general contractor or the agent of one of these parties, in some circumstances. It is
anticipated that at different phases of a construcrion project,different types of parties may satisfy the defurition of
'operator'and that the pernut may be transferred as the roles change.
7. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or
a stormwater collecrion system.
8. Part of a larger common plan of development or sale: a contiguous area where mulriple separate and distinct
construction activities may be taking place at different rimes on different schedules under one plan.
9. Point source:any discernible,confined 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 resulring drainage or grading pattern.
10. Process water: any water which during manufacturing or processing,comes into contact with or results from the
production of any raw material,intermediate product,finished product,by product or waste product. This defuution
includes mine drainage.
11. Receiving Water: any water of the State of Colorado into which stormwater related to construction acrivities discharges.
12. Runoff coefficient: the fracrion of total rainfall that will appear as runoff.
13. Significant Materials include but are not limited to:raw materials;fuels;materials such as metallic products;hazardous
substances designated under secrion 101(14)of CERCLA;any chemical the facility is required to report pursuant to
secrion 313 of title III of SARA; fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the
potential to be released with stormwater discharge.
14. Stormwater:precipitarion-induced surface runoff.
15. Waters of the state of Colorado: any and all surface waters that are contained in or flow in or tluough the state of
Colorado. This definition includes all water courses,even if they are usually dry.
E. GENERAL REQUIREMENTS
1. SiEnatorv Requirements
a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the
following criteria:
1) In the case of corporations,by a principai executive officer of at least the level of vice-president or his or her
duly authorized representarive,if such representative is responsible for the overall operation of the facility
from which the discharge described in the form originates;
2) In the case of a partnership,by a general par�er;
PART II
Page 13
Pernut No.COR-030000
A. MANAGEMENT REQUIREMENTS(cont.)
3. Noncomaliance Notification
a) If, for any reason,the permittee does not comply with or will be unable to comply with any pemut limitations,
standards or pemut requirements specified in this pernrit,the pernuttee shall,at a minimum,provide the Water
Quality Con�ol Division and EPA with the following information:
1) A description of the discharge and cause of noncompliance;
2) The period of noncompliance,including exact dates and times and/or the anticipated time when the discharge
will retum to compliance;and
3) Steps being taken to reduce,eliminate,and prevent recurrence of the noncomplying discharge.
b) The pemuttee shall report the following instances of noncompliance orallv within twentv-four(24)hours from the
rime the permittee becomes aware of the noncompliance,and shall mail to the Division a written report within five
5 da s after becoming aware of the noncompliance(unless otherwise specified by the Division):
1) Any instance of noncompliance which may endanger health or the environment;
2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state.
c) The pemuttee shall report all other instances of non-compliance to the Division within 30 days. The reports shall
contain the informarion listed in sub-paragraph(a)of this section.
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a pernnt application,or submitted incorrect information in a
pemut application or report to the Division,the permittee shall promptly submit the relevant application informarion
which was not submitted or any additional informarion needed to correct any erroneous information previously
submitted.
5. Bvpass
The bypass of treatment facilities is generally prohibited.
6. Upsets
a) Effect of an Upset
An upset constitutes an affirmative defense to an action brought for noncompliance with pemut limitations and
requirements if the requirements of paragraph b of this section are met. (No determination made during
administrarive review of claims that noncompliance was caused by upset,and before an action for noncompliance,
is final admuustrative acrion subject to judicial review.)
b) Conditions Necessarv for a Demonstrarion of Upset
A pernuttee who wishes to establish the affirmarive defense of upset shall demonstrate through properly signed
contemporaneous operating logs,or other relevant evidence that:
1) An upset occurred and that the permittee can identify the spec�c cause(s)of the upset;
2) The permitted facility was at the rime being properly operated;
3) The permittee submitted norice of the upset as required in Part II.A3.of this permit(24-hour norice);and
PART II
Page 15
Pernut No.COR-030000
B. RESPONSIBILITIES(cont.)
2. Dutv to Provide Information
The permittee shall fiunish to the Division,within a reasonable time,any informarion which the Division may request to
determine whether cause exists for modifying,revoking and reissuing,or inactivaring coverage under this pernut,or to
deternune compliance with ttus permit. The permittee shall also fumish to the Division,upon request,copies of records
required to be kept by this pemut.
3. Transfer of Ownership or Control
Certification under this permit may be transfened to a new permittee if:
a) The current permittee notifies the Division in writing when the transfer is desired;and
b) The norice includes a wntten agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them;and
c) The current permittee has met all fee requirements of the State Discharge Permit System Regulations,Section
61.15.
4. Modification Suspension or Revocation of Permit Bv Division
All permit modificarion,inactivation or revocation and reissuance actions shall be subject to the requirements of the State
Discharge Pernut 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 permit,and certification under this pernut,may be modified,suspended,or revoked in whole or in part during
its term for reasons determined by the Division including,but not limited to,the following:
1) Violarion of any terms or condirions of the permit;
2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or
denial of a pernut or to the establishment of terms or conditions of the pernrit;
3) Materially false or inaccurate statements or informarion in the application for the permit;
4) Promulgation of toxic effluent standards or prohibitions(including any schedule of compliance specified in
such effluent standard or prohibition)which are established under Secrion 307 of the Clean Water Act,where
such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any
limitarion for such pollutant in this pernut.
b) This pemut,or certification under this permit,may be modified in whole or in part due to a change in any
condition that requires either a temporary or permanent reducrion or elimination of the permitted discharge,such
as:
1) Promulgation of Water Quality Standards appiicable to waters affected by the permitted discharge;or
2) Effluent limitations or other reyuirements applicable pursuant to the State Act or federal requirements;or
3) Control regulations promulgated;or
4) Data submitted pursuant to Part I.B or Part I.C.1 indicates a potential for violation of adopted Water Quality
Standards or stream classifications.
PART II
Page 17
Pernut No.COR-030000
B. RESPONSIBILITIES (cont.)
8. Renewal Aaplication
If the pemuttee desires to continue to discharge,a permit renewal applicarion shall be submitted at least ninety(90)days
before this pernut expires. If the pernuttee anricipates that there will be no discharge after the expirarion date of this
permit,the Division should be promptly notified so that it can inactivate the certification in accordance with Part
II.B.4.d.
9. Confidentialitv
Except for data detemuned to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the
State Discharge Permit System 61.5(4), all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of
submittal.
Any information relating to any secret process,method of manufacture or production,or sales or marketing data which
has been declared confidenrial by the permittee,and which may be acquired, ascertained, or discovered,whether in any
sampling investigation,emergency investigation, or otherwise,shall not be publicly disclosed by any member,officer,or
employee of the 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 secrion shall never be interpreted as prevenring 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
submit the required fee when due and payable is a violarion of the permit and will result in enforcement action pursuant
to SectiAn 25-8-601 et.seq.,C.R.S. 1973 as amended.
11. Requirin an Individual CDPS Permit
The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS
pernut if:
a) The discharger is not in compliance with the conditions of this general permit;
b) Condirions or standards have changed so that the discharge no longer qualifies for a general pernrit; or
c) Data become available which indicate water quality standards may be violated.
The owner or operator must be norified in wriring that an applicarion for an individual CDPS pernnt is required. When
an individual CDPS permit is issued to an owner or operator otherwise covered under this General Pemut,the
applicability of the general pernut to that owner or operator is automarically inactivated upon the effective date of the
individual CDPS pernut.
�
COLOR,4D0 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division
r�'QCD-P-B2
�0 L'herry Creek Drive South
ienver, Colorado 80246-1530
RATIONALE
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTR UCTION A CTI VITY
GENERAL PERMIT IN COLORADO
SECOND RENEWAL
COLORADO DISCHARGE PERMIT NUMBER COR-030000
CONTENTS PAGE
1. Iniroduction 1
II. Background 2
III. Stormwater Discharges Associateci with
Construction Activity 3
IV. Coverage Under this Permit 4
V. Application and Certification 4
VI. Qual�ing Local Programs 4
VIL Terms and Conditions of Permit S
VIII. Changes Made After Public Notice �
I. INTRODUCTION
This permit is for the regulation of stormwater runoff from construction activities. The term "construction activiry"includes
clearing,grading and excavation operations. "Stormwater"is precipitation-induced surface runoff. This Rationale will
explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage
uncier this permit, and the requirements of this permit.
The forms discussed in the Rationale and Permit are available on the Division's website at:
http://www.cdph�state.co.us/wq/permitsunidwqcdpmt html
A. ChanQes in this General Permit
Several notable changes from the previous General Permit for Construction Activities have been incorporated into this
permit. Most of the changes are related to the Phase II revision to the stormwater regulation in the Colorado
Discharge Permit System Regulations(SCCR 1002-61), effective March 2, 2001. Significant changes are listed below:
1. Permit coverage is now required for construction sites that disturb 1 to 5 acres(i.e.,small construction
activities). Allowances have been made for small construction activities to comply with the requirements of a
Division-approved Qualifying Local Program (refer to section VI below for a discussion of Qualifying Local
Programs)in place of many specific requirements in the Permit, including requirements to submit an
application, inactivation notice, and fees to the Division. Refer to Part I.A.3 of the Permit and section VII.A oj
the Rationale for more details.
2. The requirements to submit with the application the Township, Range, section and quarter section of a site and
a list of any other environmental permits for the site have been removed.
3. Inactivation requirements have been changed to allow small construction activities that submit applications
indicating a completion date 12 months or less from the start ojconstruction activity to be authorized for a
precietermined period from 3 to 12 months. The permit certifcation will include the automatic expiration date for
permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice. If
permit coverage beyond the expiration date is needed(i.e., the site has not been finally stabilized), the permittee
must submit an extension reguest form to the Division ai least 10 days prior to the expiration.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND BNYIRONMBNT, Water Quality Control Division
Rationale-Page 3. Permit No. COR-030000
III. STORMWATER DISCHARGESASSOCIATED WITH CONSTRUCTIONACTIVITY
The Stormwater regulations require that stormwater discharges associatecl with certain industrial activities be covered under
the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included
in the listed industrial activities.
A. Construction Activitv
Construction activity includes clearing,grading and excavation activities. Construction does not include routine
maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity,
or original purpose of the facility.
Definitions of additional terms can be found in Part I.D of the Permit.
Stormwater discharges from construction activity require permit coverage, except for operations that result in the
disturbance of less than one acre of total land area which are not part of a larger common plan of development or
sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules under one plan.
B. ��es o{Activities Covered
This permit is intended to cover mosi new or existing discharges composed entirely of stormwater from construction
activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with
areas that are dedicated to producing earthen materials, such as soils, sand, ancf gravel,for use at a single
construction site. These areas may be located at the consh-uction site or at some other location. This permit does not
authorize the discharge of mine water or process water from such areas.
This permit also includes stormwater discharges associated with dedicated asphalt plants and concrete plants located
at the construcrion sites.
C. Tvpes ofActivities NOT Covered
This permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other
types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater
discharge permits pursuant to different sections of the regulations(Regulation 5 CCR 1002-61, Section 61.2(e)(iii)(A-1,
K)J, are not covered by this permit.
This permit also does not cover the discharge of process water. If the construction activity encounters groundwater, a
Construction Dewatering Discharge Permit(Permit Number COG-070000)must also be obtained in order to
discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division
at the adrlress listed in Part I.A.4.a of the Permit.
D. Exemptions for Small Municipalities
The Intermodal Surface Transportation E�ciency Act of 1991 (Section 1068(c)) added an exemption to the stormwater
regulations for municipalities with less than 100,000 population. The term "municipality"includes cities, towns,
counties,special districts or any entity created by or pursuant to State law.
Stormwater discharges associated with construction activiry for facilities or sites that are owned or operated by a
small municipa[ity are not required to apply for or obtain a stormwater permit until March 10,2003. (Note: This
exemption does not apply to other,privately owned construction sites within the same small municipality.)
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENYIRONMENT, Water Quality Control Division
Rationale-Page 5. Permit No. COR-030000
YII. TERMS AND CONDITIONS OF PERMIT
A. CoveraQe under a Ouali{ving Local ProQram—For Small Construction Sites On[v
For small construction sites(disturbing less than 5 acres)covered under a Qualifying Local Program (see Section YI
above), only certain permit requirements apply, as outlined below. The local program must have been formally
designated by the Division to qualify. Most municipalities have some type of local program anrl may require permits
anc�fees. However, simply having a program in place does not necessarily mean that it is a gual�ing program and
that a State permit is not required. The local municipality will be responsible for notifying operators and/or owners
that they are covered by a Qualifying Local Program.A list of municipalities with Qualifying Local Programs is also
available at http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html.
The Division reserves the right to require any owner or operator within the jurisdiction of a Qual�ing Local Program
coverecl under this permit to apply for and obtain coverage under the full requirements of this permit.
1. Permit Coverage: If a consiruction site is within the jurisdiction of a Qual�ing Local Program, the operator of
the construction activity is authorized to discharge stormwater associated with small construction activity under
this general permit without the submittal of an application to the Division. The permittee also is not reguired to
su6mit an inactivation notice or payment of an annual fee to the Division.
2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply with the
requirements of that Qualifying Local Program.In acfdition, the following permit sections are applicable.•
i. I.A.1, I.A.2, and I.A.3: Authorization to discharge and discussion of coverage under the permit.
ii. LC.1: General limitations that must be met in addition to local requirements.
iii. I.C.2, I.C.3: Prohibition of non-stormwater discharges unless addressed in a separate CDPS permit, and
requirements related to releases of reportable quantities.
iv. I.D: Additional definitions.
v. Part II (except for Parts II.A.1, II.B.3, II.B.B, and II.BIO): Specifically includes, but is not limited to,
provisions applicable in the case of noncompliance with permit requirement, and reguirements to provide
information and access.
B. Stormwater ManaQement Plans(SWMPs)
Prior to commencement of construction, a stormwater managementplan(SWMP)shall be developed and imp/emented
for each facility covered by this permit. A certification that the SWMP ts complete must be submitted with the permit
application. The SWMP shall identify potential sources oJpollution (including sediment)which may reasonably be
expected to affect the guality of stormwater discharges associated with construction activity from the facility. In
addition, the plan shall describe the best management practice(BMPs)which will be used to reduce the pollutanis in
stormwater discharges from the construction site. Facilities must implement theprovisions of their SWMP as a
condition of this permit. The SWMP shall include the following items:
1. Site Description
2. Site Map
3. BMPs for Stormwater Pollution Prevention
4: Longterm Stormwater Management
5. Other Controls
6. Inspection and Maintenance
7. Signatory Requirements and Availability
8. SWMP Review/Changes
(See Part I.B. of the permit for a more detailed description of SWMP reguirements.)
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENYIRONMENT, Water Quality Control Division
Rationale-Page 7. Permit No. COR-030000
T�IL TERMS AND CONDITIONS OF PERMIT(cont.)
1. Transfer of Permit
When responsibility for siormwater discharges at a construction site changes from one individual to another, the
permit shall be transferred in accordance with Part LA.7 of the permit. The Notice of Transfer form will be mailed to
the permittee along with the permit certification. Additional copies are available from the Division. If the new
responsible party will not complete the iransfer form, the permit may be inactivated if the permittee has no legal
responsibility, through ownership or contract,for the construction activities at the site. In this case, the new operator
would be required to obtain permit coverage separately.
J. Duration of Permit
The general permit will expire on June 30, 2007. The permittee's authority to discharge under this permit is approved
until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit
must apply for receriification under the general permit at least 90 days prior to its expiration date.
Nathan Moore
March 11, 2002
VII CHANGES MADE AFTER PUBLIC NOTICE
Several comments were received from the Environmental Protection Agency(EPA). Changes 6ased on these comments and
additional internal review are discussed below:
A. The EPA commented that language needs to be added io the permit addressing the certification requirements for
inspection reports. Part I.E.I of the Permit reguires that all reports submittecl to the Division include specific
certification language. Because site inspections required by Part I.C.S of the permit are not submitted to the Division,
they are not covered under Part I.C.S of the Permit or Regulation 5 CCR 1002-61,Section 61.4(1)(fl, which require
specific certification language.
However, Regulation 5 CCR 1002-61, Section 61.8(4)(o)(ii)(B)does require that the perrnittee maintain a record
summarizing the inspections that includes a certification that the site in compliance with the plan and ihe permit.
Therefore, language has been added to Part I.C.S of ihe Permit, reguiring that a signed siatement be included with all
records of inspection on the status of compliance at the site.
B. The EPA recommended that the Permit and Rationale be changed to indicate that the application is due ten days prior
to the commencement of construction activities, instead of prior to the anticipated date of discharge. The Division
agrees that this wording ts preferable and more accurately indicates the Division's existing interpretation of the
regulations. These changes have been made.
C. The EPA expressed concern with reguiring a permittee to transferpermit coverage in cases where the new responsible
Iparty may not be cooperative. Language has been added to the Permit and Rationale clar�ing that termination of
permit coverage is allowed when the permittee no longer has any legal responsibility through ownership or contract
for the construction activity.
D. The EPA commented on the lack of a definition for ihe terms "receiving water"and "ultimate receiving water". A
definition has been added to the Permit, and the term "ultimate receiving water"clarified to indicate that ii mearrs the
first named receiving water, if the discharge initially goes to an unnamed ditch or storm sewer.
Nathan Moore
May 15, 2002