HomeMy WebLinkAboutState of Colorado Stormwater Discharge Permit (2)STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director oF'co�
Dedicated to protecting and improving the health and environment of the people of Coloro• ye o
4300 Cherry Creek Dr. S. Laboratory Services Division
Denver, Colorado 80246 -1530 8100 Lowry Blvd. �!
Phone (303) 692 -2000 Denver, Colorado 80230 -6928 1876
TDD Line (303) 691 -7700 (303) 692 -3090 Colorado Department
artment
Located in Glendale, Colorado Co to Public Health
hftp://www.cdphe.state.co.us and Environment
June 20, 2007
Todd Raper, Proj. Mgr.
G. E. Johnson Construction Company,
25 North Cascade Avenue Ste. 400
Colorado Springs, CO 80903
719/473 -5321
RE: Final Permit, Colorado Discharge Permit System — Stormwater
Certification No: COR- 03A587
Manor Vail Condominiums
Eagle County
Local Contact: John ,Parr,
719/ 330 -3337
Dear Sir or Madam:
Enclosed please find a copy of the new permit and certification which have been re- issued to you
under the Colorado Water Quality Control Act.
Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one.
See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit.
r
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 permit.
Please read the permit and certification. If you have any questions please visit our website at
www.cdphe. state. co.us /wq /pennitsunit/stonnwater or contact Matt Czahor at (303) 692 -3517.
Sincerely,
Kathryn Dolan
Stormwater Program Coordinator
Permits Unit
WATER QUALIFY CONTROL DIVISION
xc: Regional Council of Governments
Local County Health Department
District Engineer, Technical Services, WQCD
Permit File
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT of cob
WATER QUALITY CONTROL DIVISION
TELEPHONE: (303) 692 -3500 y zh o
s !g76
CERTIFICATION TO DISCHARGE
UNDER
CDPS GENERAL PERMIT COR- 030000
STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
Certification Number COR03A587
This Certification to Discharge specifically authorizes:
G. E. Johnson Construction Company
LEGAL CONTACT:
Todd Raper, Proj. Mgr.
G. E. Johnson Construction Company
25 North Cascade Avenue Ste. 400
Colorado Springs, CO 80903
Phone # 7191473 -5321
tvangalis aranelson.com
LOCAL CONTACT:
John Parr,,
Phone # 7191330 -3337
tvangalisgranelson. cone
During the Construction Activity: Multi -- Family Residential and Commercial
Development
to discharge stormwater from the facility identified as Manor Vail Condominiums
which is located at:
595 East Vail Valley Drive
Vail, Co 81657
Latitude 39/38/32, Longitude 107/22/08
In Eagle County
to: Gore Creek -- Mill Creek Diversion
Anticipated Activity begins 08/14/2006 continuing through 09/12/2008
On 15.048 acres (8.353 acres disturbed)
Certification is effective: 07/01/2007 Certification'Expires: 06/30/2012
Annual Fee: $245.00 (DO NOT PAY NOW — A prorated bill will be sent shortly.)
Page 1 of 22
Page 2 of 22
Permit 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 sdq.; the "Act "),
this permit authorizes the discharge of stormwater associated with construction activities (and specific
allowable non - stormwater discharges in accordance with Part I.D.3 of the permit) 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, as of this date, in
accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges
authorized herein shall be consistent with the terms and conditions of this permit.
This permit and the authorization to discharge shall expire at midnight, June 30, 2012.
Issued and Signed this 31s' day of May, 2007
COLORADO DEPARTMENT OF PUBLIC HEALTH ANI INVIRONMENT
Janet S. Kieler
Permits Section Manager
Water Quality Control Division
SIGNED AND ISSUED MAY 319 2007
EFFECTIVE JULY 19 2007
TABLE OF CONTENTS
PART
A. COVERAGE UNDER THIS PERMIT ................................................. .............................:.
........................ ...............................
1. Authority to Discharge ............................ ...............................
................................................... ...............................
a) Applicable Sections .................................................................................................. ...............................
b) Oil and Gas Construction ......................................................................................... ...............................
2. Definitions ................................................................................................................................. ...............................
3. Permit Coverage Without Application — Qualifying Local Programs ....................................... ...............................
a) Applicable Sections .................................................................................................. ...............................
b) Local Agency Authority ............................................................................. ...............................
..............
c) Permit Coverage Termination .................................................................................. ...............................
d) Compliance with Qualifying Local Program ........................................................... ...............................
e) Full Permit Applicability .................................................. ...............................
...::.... ...............................
4. Application, Due Dates ........................................................................................................... ...............................
a) Application Due Dates ............................................................................................. ...............................
b) Summary of Application .......................................................................................... ...............................
5. Permit Certification Procedures ................................................................................................ ...............................
a) Request for Additional Information ......................................................................... ...............................
b) Automatic Coverage ................................................................................................. ...............................
c) Individual Permit Required ...................................................................................... ...............................
d) General vs. Individual Permit Coverage .................................................................. ...............................
e) Local Agency Authority ........................................................ ...............................
.... ...............................
6. Inactivation Notice .................................................................................................................... ...............................
7. Transfer of Permit ...................................................................................................................... ...............................
8. Reassignment of Permit ............................................................................................................. ...............................
9. Sale of Residence to Homeowners ............................................................................................ ...............................
10. Permit Expiration Date .............................................................................................................. ...............................
11. Individual Permit Criteria ........................................ :................................................................. ...............................
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
5
5
5
5
5
5
5
6
6
6
B. STORMWATER MANAGEMENT PLAN — GENERAL REQUIREMENTS ............................................ ............................... 6
C. STORMWATER MANAGEMENT PLAN — CONTENTS .......................................................................... ............................... 7
1. Site Description ......................................................................................................................... ............................... 7
2. Site Map .................................................................................................................................... ............................... 7
3. Stormwater Management Controls ............................................................................................ ............................... 8
a) SWMP Administrator ............................................................:................................... ............................... 8
b) Identification of Potential Pollutant Sources ...................................................... :...... ............................... 8
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention ............. ............................... 8
4. Final Stabilization and Long -term Stormwater Management ..................................................... ............................... 9
5. Inspection and Maintenance .................................................................................................... ............................... 10
D. TERMS AND CONDITIONS ....................................................................................................................
10
1.
...............................
General Limitations
2.
................................................................................................................. ...............................
BMP Implementation and Design Standards
10
3.
........................................................................... ...............................
Prohibition of Non - Stormwater Discharges
10
4.
............................................................................ ...............................
Releases in Excess of Reportable
11
Quantities ...................... ...............................
5.
SWMP Requirements ..............................................................................................................
11
...............................
a) SWMP Preparation and Implementation
................................................................ ...............................
b) SWMP Retention Requirements
11
............................................................................ ...............................
c) SWMP Review / Changes
11
........................................................................................ ...............................
11
d) Responsive SWMP Changes .................................................................................. ...............................
12
6.
Inspections ................................................................................................................................
12
...............................
a) Minimum Inspection Schedule
................................................................................ ...............................
12
b) Inspection Requirements ...................; .................................................................... ...............................
13
c) Required Actions Following Site Inspections .........................................................
13
7.
...............................
BMP Maintenance
8.
................................................................................................................... ...............................
Replacement and Failed BMPs
13
9.
................................................................................................ ...............................
Reporting
14
.............................. ............................... ..............................
....................................... ...............................
14
-2a-
TABLE OF CONTENTS (cont.)
10. SWMP Availability .................................................................................................................. ............................... 14
11. Total Maximum Daily Load ( TMDL) ...................................................................................... ............................... 14
E. ADDITIONAL DEFINITIONS ................................................................................................................... ............................... 15
GENERALREQUIREMENTS ................................................................................................................... ............................... 16
1. Signatory Requirements ........................................................................................................... ............................... 16
2. Retention of Records ................................................................................................................ ............................... 16
3. Monitoring ................................................................................................................................ ............................... 16
PART II
A. MANAGEMENT REQUIREMENTS ......................................................................................................... ...............................
17
1.
Amending a Permit Certification .............................................................................................. ...............................
17
2.
Special Notifications - Definitions ........................................................................................... ...............................
17
3.
Noncompliance Notification .................................................................................................... ...............................
17
4.
Submission of Incorrect or Incomplete Information ................................................................ ...............................
18
5.
Bypass ...................................................................................................................................... ...............................
18
18
6.
Upsets ...................................................................................................................................... ...............................
18
7.
Removed Substances ................................................................................................................ ...............................
18
8.
Minimization of Adverse Impact .............................................................................................. ...............................
19
9.
Reduction, Loss, or Failure of Stormwater Controls ................................................................ ...............................
21
21
10.
Proper Operation and Maintenance .......................................................................................... ...............................
19
B. RESPONSIBILITIES .................................................................................................................................. ...............................
19
I.'
Inspections and Right to Entry ................................................................................................. ...............................
19
2.
Duty to Provide Information .................................................................................................... ...............................
19
3.
Transfer of Ownership or Control ............................................................................................ ...............................
19
4.
Modification, Suspension, or Revocation of Permit By Division ........................................... ...............................
20
5.
Permit Violations ...................................................................................................................... ...............................
21
21
6.
Legal Responsibilities .............................................................................................................. ...............................
21
7.
Severability .............................................................................................................................. ...............................
21
8.
Renewal Apj; ication ................................................................................................................ ...............................
9.
Confidentiality
21
21
10.
11.
Fees .......................................................................................................................................... ...............................
Requiring an Individual CDPS Permit ..................................................................................... ...............................
22
-2b-
PART
Permit - Page 3
PART Permit No. COR- 030000
A. COVERAGE UNDER THIS PERMIT
Authority to Discharge
Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into
waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non - stormwater discharges,
in accordance with Part I.D.3 of the permit, which includes discharges to the ground. 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 (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and
dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have
alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such
areas.
a) Applicable Sections: In accordance with Part I.A.3 of this permit, some parts of this permit do not apply to sites
covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local
Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then
complying with the applicable sections.
b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and
gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the
Colorado Discharge Permit System Regulations (SCCR 1002 -61), and require coverage under this permit in
accordance with that regulation. However, references in this permit to specific authority under the Federal Clean
Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction
activities, to the extent that the references are limited by the federal Energy Policy Act of 2005.
Definitions
a) Stormwater: Stormwater is precipitation- induced surface runoff.
b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are
not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access
roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
}..
c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge
of stormwater from construction activities 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 ultimately disturb equal to or
greater than one and less than five acres.
d) Qualifying Local Program: This permit 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 construction activity that has been formally
approved by the Division.
Other Defmitions: Definitions of additional terms can be found in Part I.E. of this permit.
Permit Coverage Without Application — for small construction activities under a Qualifying Local Program only
If a small construction site is within the jurisdiction of a Qualifying 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 tffe Division. a
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts LA. 1, 1.A.2, LA.3, I.D.1, I.D.2,
I.D.3, I.D.4, I.D.7, I.D.8, I.D.11, I.E and Part II of this permit, with the exception of Parts II.A.1, II.B.3, II.B.8, and
II.B10, apply.
PART
Permit - Page 4
Permit No. COR- 030000
A. COVERAGE UNDER THIS PERMIT (cont.)
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.
c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized,
coverage under this permit is automatically terminated.
d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge
under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with
jurisdiction over the site.
e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local
Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The
operator must be notified in writing that an application for full coverage is required. When a permit certification
under this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit, the full
requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the
permit certification. A site brought under the full requirements of this permit must still comply with local
stormwater management requirements, policies or guidelines as required by Part I.D.I.g of this permit.
4. Application, Due Dates
a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the
applicant shall submit an application form as provided by the Division, with a certification that the Stormwater
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 - Permits -B2
4300 Cherry Creek Drive 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 seconds of the approximate center of the construction activity;
3) Legal description or map of the construction site;
4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, 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 final 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 water(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 Part I.F.1 of this permit.
Permit Certification Procedures
If this general permit is appropriate for the applicant's operation, %en a certification will be developed and the applicant
will be authorized to discharge stormwater under this general permit.
a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of
additional information, the Division shall have an additional ten calendar days to issue or deny authorization for
the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general
permit or an individual permit is required, instead of coverage under this permit.)
A. COVERAGE UNDER THIS PERMIT (cont.)
PART
Permit - Page 5
Permit No. COR- 030000
b) Automatic Coverage: If the applicant does not receive a request for additional information 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 of this permit shall be deemed granted.
C) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP),
it is found that this general permit is not appropriate for the operation, then the application will be processed as one
for an individual permit. The applicant will be notified of the Division's decision to deny certification under this
general permit. For an individual permit, additional information may be requested, and 180 days may be required to
process the application and issue the permit. At the Division's discretion, temporary coverage under this general
permit may be allowed until the individual permit goes into effect
d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded
from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an
individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge.
e) 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.
Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the permittee must submit an Inactivation Notice
form 'that is signed in accordance with Part I.F.1. of this permit. The Inactivation Notice form is available from the
Division and includes:
a) Permit certification number;
b) The permittee's name, address, telephone number;
c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part I.F.1. of
this permit. The Notice of Transfer form is available from the Division and includes:
a) Permit certification number;
b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted;
C) Identifying information for the new permittee;
d) Identifying information for the current permittee; and
e) Effective date of transfer.
If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the
Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or
contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain
permit coverage separately.
Reassignment of Permit
When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that
portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage
form that is signed in accordance with Part I.F.1. of this permit. The Notice of Reassignment of Permit Coverage form is
available frorii the Division and includes: 0.
a) Current permit certification number;
b) Identifying information and certification as required by Part I.A.4.b for the new permittee;
c) Identifying information for the current permittee, revised site information and certification for reassignment; and
d) Effective date of reassignment.
PART
Permit - Page 6
Permit No. COR- 030000
A. COVERAGE UNDER THIS PERMIT (cont.)
If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be
removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through
ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator
would be required to obtain permit coverage separately.
Sale of Residence to Homeowners
For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs
a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from
coverage under the permittee's certification. At such time, the permittee is no longer responsible for meeting the terms and
conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The
permittee remains responsible for inactivation of the original certification.
a) The lot has been sold to the homeowner(s) for private residential use;
b) the lot is less than one acre of disturbed area;
c) all construction activity conducted by the permittee on the lot is completed;
d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and
e) the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be
transferred (Part I.A.7, above) or reassigned (Part I.A.8, above) to a new owner or operator.
10. Permit Expiration Date
Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the
general permit at such time. Therefore, a permittee desiring continued coverage under the general permit 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 general permit. An individual permit may be required for any facility not reauthorized to discharge under the
reissued general permit.
11. Individual Permit Criteria
Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of
this general permit. This information may come from the application, SWMP, or additional information 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 water);
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 concern to waters for which there is an established Total Maximum Daily Load (TMDL).
In addition, an individual permit may be required when the Division has shown or has reason to suspect that the
stormwater discharge may contribute to a violation of a water quality standard.
STORMWATER MANAGEMENT PLAN (SWMP) — GENERAL REQUIREMENTS
A SWMP shall be developed for each facili%covered by this permit. The SWMP shall be prepared in accordance w�th
good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.)
PART
Permit - Page 7
Permit No. COR- 030000
B. STORMWATER MANAGEMENT PLAN (SWMP) — GENERAL REQUIREMENTS (cont.)
The SWMP shall:
a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater
discharges associated with construction activity from the facility;
b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction
activity at the facility; and ensure the practices are selected and described in accordance with good engineering
practices, including the installation, implementation and maintenance requirements; and
c) Be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and
conditions of this 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 of this permit. The Division reserves the right to review the SWMP, and
to require the permittee 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 CWA, or Best Management Practices (BMPs) Programs otherwise 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 permittee's SMWP must meet the new SWMP requirements as
summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007.
C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS
The SWMP shall include the following items, at a minimum.
Site Description. The SWMP shall clearly describe the construction activity, to include:
a) The nature of the construction activity at the site.
b) The propose 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 construction activities.
d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the
soil or existing potential for soil erosion.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
f) The location and description of all potential pollution sources, including ground surface disturbing activities (see
Part IA.2.b), vehicle fueling, storage of fertilizers or chemicals, etc.
g) The location and description of any anticipated allowable sources of non - stormwater discharge at the site, e.g.,
uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout.
h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to
a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the
ultimate receiving water(s).
2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying:
a) construction site boundaries;
b) all areas of ground surface disturbance;
c) areas of cut and fill;
d) areas used for storage of building materials, equipment, soil, or waste;
e) locations of dedicated asphalt or concrete batch plants,'
f) locations of all structural BMPs;
g) locations of non - structural BMPs as applicable; and
h) locations of springs, streams, wetlands and other surface waters.
PART
Permit - Page 8
Permit No. COR- 030000
C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (coot.)
Stormwater Management Controls.
The SWMP must include a description of all stormwater management controls that will be implemented as part of the
construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater
management controls in the SWMP shall reflect the potential pollutant sources identified at the facility.
The description of stormwater management controls shall address the following components, at a minimum:
a) SWAP Administrator - The SWMP shall 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 shall address all aspects of the facility's SWMP.
b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials 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 determined to have the potential to contribute pollutants to stormwater
discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph
(c), below.
At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute
pollutants to stormwater discharges, and identified in the SWMP if found 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 track/equipment washing, including the concrete truck chute and associated fixtures and equipment;
11) 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 identify and
describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will
be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants
to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for
each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP.
1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all
structural practices implemented at the site to minimise 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, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary
or permanent sediment basins.
2) Non - Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as
applicable, all non - structural practices implemented at the site to minimize erosion and sediment transport.
Description must include interim and permanent stabilization practices, and site - specific scheduling for
implementation of the practices. The SWMP should include practices to ensure that existing vegetation is
preserved where possible. Non - structural practices may include, but are not limited to: temporary vegetation,
permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips,
protection of trees, and preservation of mature vegetation.
PART
Permit - Page 9
STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.) Permit No. COR- 030000
3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of
construction, and the implementation and maintenance of both structural and non - structural stormwater
management controls. The SWMP must identify the stormwater management controls to be implemented
during the project phases, which can include, but are not limited to, clearing and grubbing; road construction;
utility and infrastructure installation; vertical construction; final grading; and final stabilization.
4) Materials Handling and Spill Prevention. The SWMP shall 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 runoff. Such procedures or significant materials could include: exposed
storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment
maintenance or fueling procedures.
Areas or procedures where potential spills can occur must have spill prevention and response procedures
identified in the SWMP.
5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices
implemented at the site to control stormwater 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 parking areas; requiring that vehicles stay on paved areas on -site; wash racks; contractor education;
and/or sediment control BMPs, etc.
7) Waste Management 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 associated with the washing activity to stormwater runoff.
iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground.
The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout
water from concrete washout activities is discharged from the site as surface runoff or to surface waters.
8) Groundwater and Stormwater Dewatering.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from the dewatering of groundwater or stormwater from excavations, wells, etc.
ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground.
For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit,
the SWMP shall clearly describe 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 Management
a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site,
and any planned practices to control pollutants in stormwater discharges that will occur after construction operations
have been completed at the site.
b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and
application methods; soil prepargdon and amendments; soil stabilization practices (e.g., crimped straw, Hydro mulch
or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is
achieved; etc.
PART
Permit -Page 10
Permit No. COR- 030000
C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.)
c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and
uniform 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.
The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria in this
section for specific operations.
Inspection and Maintenance
Part I.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP
maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to
maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and
effective operating condition.
D. TERMS AND CONDITIONS
General Limitations
The following limitations shall apply to all discharges covered by this permit:
a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or
measurably contribute to an exceedance of any water quality standard, including narrative standards for water
quality.
b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On -site
permanent disposal of concrete washout waste is not authorized 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 Part I.D.3.c of the
permit.
c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or
equivalent adequate protection 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 critions and monitoring may be addressed by separate
correspondence.
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 effluent. Such monitoring may include Whole Effluent Toxicity testing.
f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not
authorize on -site waste disposal.
g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, 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 permits. Dischargers must comply with local stormwater management
requirements, policies or guidelines including erosion and sediment control.
BMP Implementation and Desi_n Standards
Facilities must select, 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 construction activity to prevent pollution or degradation of State waters.
PART
Permit - Page 11
Permit No. COR- 030000
D. TERMS AND CONDITIONS (cont.)
Prohibition of Non- Stormwater Discharges
a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed
entirely of stormwater associated with construction activity. 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 permit, provided that the non - stormwater component of the discharge is identified
in the SWMP (see Part I.C.l.g of this permit):
- emergency fire fighting activities - landscape irrigation return flow
- uncontaminated springs
c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be
authorized by this permit, provided that:
1) 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 I.D. La; and
3) these discharges do not leave the site as surface runoff or to surface waters
d) 'Discharges to the ground of water from construction dewatering activities may be authorized by this permit,
provided that:
1) the source is groundwater and/or groundwater combined with stormwater that does not 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 runoff or to surface waters.
Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered
under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS
discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial
pollutant plume, underground storage tank, or other source.
4. Releases in Excess of Reportable Ouantities
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 Noncompliance Notification
Requirements (see Part II.A.3 of the permit).
5. SWMP Requirements
a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the
general permit, and certification of its completion submitted with the application. The SWMP shall be implemented
prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c,
below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage.
b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified
by the permittee, is approved by the Division.
c) SW IP Review /Changes: The permittee shall amend the SWMP:
1) when there is a change in design, construction, operation, or maintenance of the site, which would require the
implementation- of new or revised BMPs; or
2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater
discharges associated with construction activity; or
PART
Permit - Page 12
Permit No. COR- 030000
TERMS AND CONDITIONS (cont.)
3) when BMPs are no longer necessary and are 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
appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final 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 permit, they are also included in the SWMP and implemented during
the interim period.
d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often
required to be made in response to changing conditions, or when current BMPs are determined ineffective. The
majority of SWMP revisions to address these changes can be made immediately with quick in -the -field revisions to
the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is
necessary, SWMP revisions shall be made in accordance with the following requirements:
the SWMP shall be revised as soon as practicable, 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 includes the time and date of the
change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those 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 permittee'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 permittee shall, at a minimum, make a thorough inspection, in accordance
with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post -storm event inspections
must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion.
Provided the timing is appropriate, the post -storm inspections may be used to fulfill the 14 -day routine inspection
requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to
ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications
to this Minimum Inspection Schedule are allowed:
Post -Storm Event Inspections at Temporarily Idle Sites — If no construction activities will occur following a
storm event, post -storm event inspections shall be conducted prior to re- commencing construction activities,
but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be
documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar
days.
2) Inspections at Completed Sites /Areas — For sites or portions of sites that meet the following criteria, but final
stabilization has not been achieved due to a vegetative cover that has not become established, the permittee
shall make a thorough inspection of their stormwater management system at least once every month, and post -
storm event inspections are not required. This reduced inspection schedule is only allowed if.
i) all construction activities that will result in surface ground disturbance are completed;
ii) all activities required for final stabilization, in accordance with the SWMP, have been completed, with
the exception of the application of seed that has not occurred 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 paragraph.
PART
Permit - Page 13
D. TERMS AND CONDITIONS (cont.) Permit No. COR- 030000
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, and melting conditions
posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting
conditions do not exist, and applies to the routine 14 -day and monthly inspections, as well as the post- storm-
event inspections. The following information must be documented in the inspection record for use of this
exclusion: 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 the schedule required in this section impractical, the permittee may petition the Division
to grant an alternate inspection schedule.
b) Inspection Requirements
1) Inspection Scope - The construction site perimeter, all disturbed areas, material and/or 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 stormwater
drainage system, or discharging to state waters. All erosion and sediment control practices identified in the
SWMP shall be evaluated to ensure that they are maintained and operating correctly.
2) Inspection Report/Records - 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 coverage. At a minimum, the inspection
report must include:
i) The inspection date;
ii) Name(s) and title(s) of personnel making the inspection;
iii) Location(s) of discharges of sediment or other pollutants from the site;
iv) Location(s) of BMPs that need to be maintained;
v) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular 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 provided in Part I.D.6.a above;
vii) Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and
measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and
viii) After adequate corrective action(s) has been taker, or where a report does not identify any incidents
requiring corrective action, the report 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 Inspections — 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 permit. 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 Part I.D.S.c of the
permit.
7. BMP Maintenance
All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in
effective operating condition. Proper 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 tolerances of the BMPs, are considered to be no longer operating effectively
and must be addressed in accordance with Part I.D.8, below. A specific timeline for implementing maintenance
procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive.
Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations
of site conditions.
PART
Permit - Page 14
Permit No. COR- 030000
D. TERMS AND CONDITIONS (cont.)
Replacement and Failed BMPs
Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess
the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance.
Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be
installed to ensure on -going implementation of BMPs as per Part I.D.2.
Where BMPs have failed, resulting in noncompliance with Part I.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.S(c).
Reporting
No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a
copy of the inspection reports be submitted.
10. SWMP Availability
A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving
sediment and erosion plans, grading plans or stormwater 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 Part I.F.1 of the permit, certifying that the SWMP is complete and-meets all permit 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 Discharge Permit System Regulations. The permittee shall make plans
available to members of the public upon request. However, the permittee may claim any portion of a SWMP as
confidential in accordance with 40 CFR Part 2.
11. Total Maximum Daily Load (TMDL)
If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges
associated with construction activity have been assigned a pollutant - 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
stormwater permit; or
b) Notify the permittee of the WLA, and amend the permittee's certification to add specific BMPs and/or other
requirements, as appropriate. The permittee may be required to do the following:
1) Under the permittee's SWMP, implement specific management practices based on requirements of the WLA,
and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or
if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements
are 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 alternate
general permit coverage.
PART
Permit - Page 15
E. ADDITIONAL DEFINITIONS Permit No. COR- 030000
For the purposes of this permit:
1. 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 runoff, spillage or leaks, waste
disposal, or drainage from material storage.
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 uniform 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 permit, establishment of a
vegetative cover capable of providing erosion control equivalent to pre - existing conditions at the site will be considered
final stabilization.
4. Municipal separate 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 jurisdiction over disposal of
sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater.
5. Operator: the entity that has day -to -day supervision and control of activities 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 construction project, different types of parties may satisfy the definition of
'operator' and that the permit 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 sale: 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, confined and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which inc se the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drage or grading pattern.
9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical
waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or
any industrial, municipal or agricultural waste.
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 definition
includes mine drainage.
11. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stormwater
related to construction activities discharges. This definition includes all water courses, even if they are usually dry, such as
borrow ditches, arroyos, and other unnamed waterways.
12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
section 313 of title III of SARA; fertilizer'; pesticides; and waste products such as ashes, slag and sludge that hav€ the
potential to be released with stormwater discharge.
13. Stormwater: precipitation - induced surface runoff.
PART
Permit - Page 16
Permit No. COR- 030000
GENERAL REQUIREMENTS
Signatory 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 principal executive officer of at least the 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 form originates;
2) In the case of a partnership, by a general partner;
3) In the case of a sole proprietorship, by the proprietor;
4) In the case of a 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 form originates.
b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because
different individual or position has responsibility for the overall operation of the .facility, a new authorization
satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together
with any reports, information, or applications to be signed by an authorized representative.
c) Certification. Any person signing a document under paragraph a) of this section shall make the following
certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
2. Retention of Records
a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to
complete the application to be covered by this permit, for three years after expiration or inactivation of permit
coverage. } -
b) The permittee 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 permit coverage, unless another location, specified by
the permittee, is approved by the Division.
3. Monitoring
The Division reserves the right to require sampling and testing, on a case -by -case basis (see Part I.D. Le), for example to
implement the provisions of a TMDL (see Part I.D.11 of the permit). Reporting 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 thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30)
consecutive -day period.
b) t A grab sample, for monitoring requirements, is a single "dip and taker' sample.
PART II
A. MANAGEMENT REQUIREMENTS
1. Amending a Permit Certification
The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit
application, including the legal contact, the project legal description or map originally submitted with the application, or
the planned total disturbed acreage. The permittee 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 authorizing 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 permit or a different
CDPS permit is prohibited.
2. Special Notifications - Defmitions
a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters.
b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge
limitations because of factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
Noncompliance Notification
a) The permittee shall report the following instances of noncompliance:
1) Any noncompliance which may endanger health or the environment;
2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state.
3) Any discharge of stormwater which may cause an exceedance of a water quality standard.
b) For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed
information must be provided orally to the Colorado Department of Public Health and Environment spill reporting
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 all other instances of noncompliance as defined in this section, all needed information 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 be provided within 5 calendar
days of the time the permittee becomes aware of the circumstances. The written submission shall contain a
description of:
1) The noncompliance and its cause;
2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
+r
A. MANAGEMENT REQUIREMENTS (cont.)
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly
submit the relevant application information which was not submitted or any additional information needed to correct any
erroneous information previously submitted.
Bypass
a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts 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:
1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g.,
alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g.,
implemented additional BMPs) to prevent 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," Part II.A.3.
Upsets
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 of this section are met. (No determination made
during administrative review of claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.)
b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative 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 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 ILA.3. of this permit (24 -hour notice); 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.
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, or other pollutants removed in the course 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.
Minimization of Adverse Impact
The permittee 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 necessary to determine the nature and impact of the noncomplying discharge.
A. MANAGEMENT REQUIREMENTS (cont.)
9. Reduction. Loss. or Failure of Stormwater Controls
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements.
Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain
compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until
the stormwater controls are restored or an alternative method of treatment/control is provided.
It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit.
10. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back -up or auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
B. RESPONSIBILITIES
Inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator,
and/or their authorized representative(s), upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are
required to be kept under the terms and conditions of this permit;
b) At reasonable times to have access to and copy any records required to be kept under the terms 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 discharge and /or process waters, the taking of photographs,
interviewing permittee 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 hw..y _any effect on the discharge, permit, or any alleged
violation.
2. Duty to Provide Information
The permittee shall 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 permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon
request, copies of records required to be kept by this permit.
Transfer of Ownership or Control
Certification under this permit may be transferred to a new permittee if:
a) The current permittee notifies the Division in writing when the transfer is 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, coverage and liability between them; and
c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section
61.15.
B. RESPONSIBILITIES (cont.)
4. Modification Suspension or Revocation of Permit By Division
All permit 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 permit, and/or certification under this permit, 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) Violation of any terms or conditions 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 permit or to the establishment of terms or conditions of the permit;
3) Materially false or inaccurate statements or information 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 Section 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
limitation for such pollutant in this permit.
b) This permit, and/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 reduction or elimination of the permitted discharge, such as:
1) Promulgation of Water Quality Standards applicable to waters affected by the permitted 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 potential for violation of adopted Water Quality Standards or stream
classifications.
c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent
limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such
effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality
standards and protection of classified uses.
d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following
conditions are met:
1) 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 there is no probability of further uncontrolled discharge(s) which may affect waters of the State.
3) The Division finds that the permittee has shown reasonable grounds 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 Permit 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 permit is automatically
terminated when a site has been finally stabilized.
B. RESPONSIBILITIES (cont.)
5. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit.
Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR
122.26(b)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage
under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be
in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25 -8 -101, as amended. Failure to
comply with CDPS permit requirements will. also constitute a violation.
6. Legal Responsibilities
The issuance of this permit does not convey any property or water rights in either real or personal property, or stream
flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights,
nor any infringement of Federal, State or local laws or regulations.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee 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. Severabilitv
The provisions of this permit are severable: If any provisions of this permit, or the application of any provision of this
permit io any circumstance, are held invalid, the application of such provision to other circumstances and the application of
the remainder of this permit shall not be affected.
8. Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days
before this permit expires. If the permittee anticipates that there will be no discharge after the expiration 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 determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge
Permit System Regulations, Section 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 confidential 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 section shall never be interpreted 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
submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to
Section 25 -8 -601 et. seq., C.R.S. 1973 as amended.
B. RESPONSIBILITIES (cont.)
11. Requiring an Individual CDPS Permit
The Director may require the permittee to apply for and obtain an individual or 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 a general permit; or
c) Data/information become available which indicate water quality standards may be violated.
The permittee must be notified in writing that an application for an individual or alternate general CDPS permit is required.
When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit,
the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual
or alternate general CDPS permit.
Water Quality Control Division
WQCD -P -B2
4300 Cherry Creek Drive South
Denver, Colorado 80246 -1530
L
II.
III.
IV.
V.
VI
VII.
VIII.
LY
X.
I. INTRODUCTION
RATIONALE
STORMWA TER DISCHARGES ASSOCIATED WITH
CONSTR UCTION A CTI VITY
GENERAL PERMIT IN COLORADO
THIRD RENEWAL
COLORADO DISCHARGE PERMIT NUMBER COR- 030000
CONTENTS PAGE
Introduction
I
Changes in this General Permit
I
Background
8
Stormwater- Discharges Associated with
Construction Activity
g
Coverage Under this Permit
10
Application and Certification
10
Qualifying Local Programs
11
Terms and Conditions of Permit
11
Public Notice — 12/22106
15
Public Notice — 3123107
15
This permit is for the regulation of stormwater runoff from construction activities, and specific allowable non -
stormwater discharges in accordance with Part I.D.3 of the permit. The term "construction activity" includes
ground surface disturbing activities, including, but not limited to, clearing, grading, excavation, demolition,
installation of new or improved haul and access roads, staging areas, stockpiling of fill materials, and borrow
areas. " Stormwater" is precipitation- induced surface runoff. This rationale will explain the background of the
Stormwaterprogram, activities which are covered under this permit, how to apply for coverage under this permit,
and the requirements of this permit.
The forms discussed in the rationale andpermit are available on the Water Quality Control Division's website
at. www. cdphe.state.co.uOvg/PermitsUnit
II. CHANGES IN THIS GENERAL PERMIT
Several notable changes from the previous General Permit for Construction Activities have been incorporated into
this permit. Significant changes are listed below. Numerous other minor changes were made for clarification
purposes only.
A. Authoritv to Discharge
This section has been restructured to list all of the types of activities covered by this permit, and to be
consistent with the definition of "construction activity. " The definition of construction activity has been
expanded to provide clarification. See Part I.A.1 of the permit.
� a
PART II
Permit - Page 24
Permit No. COR- 030000
II. CHANGES IN THIS GENERAL PERMIT (cont.)
B. Authoritv to Discharge — Oil and Gas Construction
This section has been added, to take into account a regulatory change. The federal Energy Policy Act of
2005 exempts nearly all oil and gas construction activities from federal requirements under the Clean Water
Act's NPDES stormwater discharge permit program. In January 2006, the Colorado Water Quality Control
Commission held a hearing to determine what effects, if any, the change in federal law would have upon
Colorado's stormwater regulations. The Commission determined that oil and gas construction sites in
Colorado that disturb one or more acres are still required to be covered under Colorado's stormwater^
permitting regulations (Colorado Discharge Permit System (CDPS) regulations (SCCR 1002 -61)). In
practice, oil and gas construction sites have the same requirements under this permit as do other types of
construction. However, this permit contains some references to the federal Clean. Water Act; generally these
references are not applicable to oil and gas construction sites to the extent that the references are limited by
the federal Energy Policy Act of 2005. See Part LA.1(b) of the permit.
C. Application Requirements
The permit application requirements have changed slightly, including the addition of an email address, if
available. See Part LA.4(b).
The applicant must be either the owner and /or operator of the construction site. An operator at a
construction site that is not covered by a certification held by an appropriate entity may be held liable for
operating without the necessary permit coverage.
D. Temporary Coverage
Part I.A.S(d) of the previous permit (effective July 1, 2002) dealt with temporarily covering a facility under
the general permit even if an individual permit is more appropriate. This permit section essentially
duplicated the previous section (see Part LA. 5(c)), and so it has been deleted.
E. Reassienment ofPerrnit Coverage
Procedures have been added to clarify the requirements for the transfer of coverage of specific portions of a
permitted site to a second party. See Section VIII.I.3 of the rationale and Part LA.8 of the permit.
F. Individual Permit Criteria
This section has been modified to include situations involving a Total Maximum Daily Load (TMDL). See
Part I.A.11 of the permit.
G. Stormwater Management Plan (SWMP)
The Stormwater Management Plan section has been divided into two parts: Stormwater Management Plan
(SWMP) — General Requirements, which provides the basic framework and general requirements for- the
SWMP, and Stormwater Management Plan (SWMP) — Contents, which specifically identifies each item that
must be addressed in the SWMP. See Parts LB and L C of the permit.
H. Stormwater Management Plan (SWMP) — Genera? Reauirements
The SWMP General Requirements section has been modified to require that the SWMP be updated in
accordance with Parts I.D.5(c) and LD.5(d) of the permit (SWMP Review /Changes). This additional
requirement ensures that the SWMP provisions reflect current site conditions. See Part I.B.2(c) of the
permit.
PART II
Permit - Page 25
Permit No. COR- 030000
IT CHANGES IN THIS GENERAL PERMIT (cont)
I. Stormwater Management Plan (SWMP) — Contents
The SWMP Contents section has been modified. Some of the changes are limited to organization of
information, which does not require modification ofan existing permittee's current SWMP. Most of the
SWMP changes involve either clarifications, reformatting, or taking recommendations from the Division's
SWMP guide and making them permit requirements (e.g., vehicle tracking controls, BMP installation
specifications). If an existing permittee (Le., those with permit coverage before June 30, 2007) followed the
recommendations in the SWMP guide (Appendix A of the permit application), then their- SWMP will
presumably meet the new requirements. However, for any existing permittees who did not follow the
applicable SWMP guide recommendations, their SMWP must be amended to include the new required items:
-SWMP Administrator
- Identification of potential pollutant sources
-Best Management Practices descriptions and installation specifications, including dedicated concrete or
asphalt batch plants; vehicle tracking control; and waste management and disposal (including concrete
washout activities).
For existing permittees, any SWMP changes based on the change in permit requirements must be completed
by October 1, 2007. The plan is not to be submitted to the Division unless requested, but must be available
on site as outlined in Part ID. 5(b) of the permit.
The BMP requirement clarifications included in this renewed permit in no way imply that adequate BMPs to
address all pollutant sources at a permitted site were not required in previous permits. The revised
requirements are intended only to better clarify SWMP content requirements and provide improved direction
to permittees.
The SWMP changes are listed below. All new applicants (after June 30, 2 00 7) for permit coverage for their
sites must fully comply with the new SWMP organization, plan requirements, and implementation.
1. Site Description: The requirement to provide an estimate of the run -off coefficient has been removed.
The run -off coefficient as currently utilized in the SWMP may not contribute sufficiently to permit
compliance to justify the effort in determining accurate values. See Part I. C.1 of the permit. However,
the Division still encourages use of the coefficient as needed to adequately evaluate site - specific BMP
selection and design criteria (e.g., pond capacities, BMP location, etc) See Section C2 of the SWMP
guidance (Appendix A of the permit application).
2. Site Map: The requirement to identify boundaries of the 100 year flood plain has been removed. The
boundaries as currently utilized in the SWMP may not contribute sufficiently to permit compliance to
justify the effort in determining their location. See Part I. C.2 of the permit.
3. Stormwater Management Controls: This section has been modified to require identification of a
SWMP Administrator and all potential pollutants sources in the SWMP. See Part I. C.3 of the permit.
a) The SWMP Administrator is a specific individual(s), position or title who is responsible for the
process of developing, implementing, maintaining, and revising the SWMP. This individual
serves as the comprehensive point of contact for all aspects of the facility's SWMP. This
requirement may necessitate changes to existing permittees' SWMPs.
PART II
Permit - Page 26
Permit No. COR- 030000
IL CHANGES IN THIS GENERAL PERMIT (cont.)
b) The requirement to identify Potential Pollutant Sources has been expanded to include more
details for the evaluation of such sources. This evaluation allows for the appropriate selection
of BMPs for implementation at a facility or site. Additionally, this section was added to be
consistent with the SWMP guide. This requirement may necessitate changes to existing
permittees' SWMPs.
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention: This section was
modified to require the following items to be addressed in the SWMP. These requirements
may necessitate changes to'existing permittees' SWMP& 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 L C. 3(c).
i) Dedicated concrete or asphalt batch plants. This section requires that the practices used to
reduce the pollutants in stormwater discharges associated with dedicated concrete or
asphalt batch plants be identified in the SWMP. (Coverage under the construction site
SWMP and permit is not required for batch plants if they have alternate CDPS permit
coverage)
ii) Vehicle tracking control. This section requires that practices be implemented to control
sediment f-om vehicle tracking, and that all such practices implemented at the site be
clearly described in the SWMP.
iii) Waste management and disposal. This section requires that the practices implemented at
the site to control stormwater pollution from construction site waste, including concrete
washout activities, be clearly described in the SWMP. It also requires that concrete
washout activities be conducted in a manner that does not contribute pollutants to surface
waters or stormwater runoff.
iv) Concrete Washout Water. Part LD.3(c.) nfthe permit has been revised to conditionally
authorize discharges to the ground of ?crete wash water from washing of tools and
concrete mixer chutes when appropriate BMPs are implemented. The permit prohibits the
discharge of concrete washout water to surface waters and to storm sewer systems. Part
LC.3(c)(7) of the permit requires that BMPs be in place to prevent surface discharges of
concrete washout water from the site.
The use of unlined pits to contain concrete washout water is a common practice in
Colorado. The Division has further evaluated the need for a permit for- discharge of
concrete washout water to the ground. The Division has determined that the use of
appropriate BMPs for on -site washing of tools and concrete mixer chutes would prevent
any significant discharge to groundwater. BMPs to protect groundwater are required by
Part L C.3(c) (7) of the permit. Because pH is a pollutant of concern for washout activities,
the soil must have adequate buffering capacity to result in protection of the groundwater
standard, or a liner /containment must be used. The following management practices are
recommended to prevent an impact from unlined pits to groundwater:
(1) the use of the washout site should be temporary (less than I year), and.
(2) the washout site should be not be located in an area where shallow groundwater may
be present, such as near natural drainages, springs, or wetlands.
IL CHANGES IN THIS GENERAL PERMIT (coat.)
J.
PART II
Permit - Page 27
Permit No. COR- 030000
Where adequate management practices are not followed to protect groundwater quality,
the Department may require discharges to unlined pits to cease, or require the entity to
obtain alternate regulatory approval through notice from either the Water Quality Control
Division or the Hazardous Materials and Waste Management Division.
In addition, Part I.D.1(b) of the permit has been revised to clearly state that the permit
does not authorize on -site permanent disposal of concrete washout waste, only temporary
containment of concrete washout water from washing of tools and concrete mixer chutes.
Upon termination of use of the washout site, accumulated solid waste, including concrete
waste and any contaminated soils, must be removed from the site to prevent on -site
disposal ofsolid waste.
v) Construction Dewatering. Part I.D.3(d) of the permit has been revised to conditionally
authorize discharges to the ground of water from construction dewatering activities when
appropriate BMPs are implemented. The permit does not authorize the discharge of
groundwater from construction dewatering to surface waters or to storm sewer systems.
Part I. C.3(c)(8) of the permit requires that BMPs be in place to prevent surface discharges.
The permittee may apply for coverage under a separate CDPS discharge permit, such as
the Construction Dewatering general permit, if there is a potential for discharges to
surface waters.
The Division has determined that potential pollutant sources introduced into groundwater
from construction dewatering operations do not have a reasonable potential to result in
exceedance ofgroundwater standards when the discharge is to the ground. The primary
pollutant of concern in uncontaminated groundwater is sediment. Although technology-
based standards for sediment do exist in S CCR 1002 -41, the discharge of sediment to the
ground as part of construction dewatering does not have the reasonable potential to result
in transport of sediment to the groundwater table so as to result in an exceedance of those
standards.
For a discharge of water contaminated with other pollutants that are present in
concentrations that may cause an exceedance of groundwater standards, separate CDPS
discharge permit coverage is required. Contaminated groundwater may include that
contaminated with pollutants from a landfill, mining activity, industrial pollutant plume,
underground storage tank, or other source of human - induced groundwater pollution and
exceeding the State groundwater standards in Regulations S CCR 1002 -41 and 42.
Terms and Conditions. General Limitations and Desizn Standards
This section reiterates the requirement that facilities select, install, implement, and maintain appropriate
BMPs, following good engineering, hydrologic and pollution control practices. In addition, requirements
for protection of water quality standards (see Part I.D. 1. (a) of the permit) and requirements to adequately
design BMPs to prevent pollution or degradation of State waters (see Part LD.2 of the permit) have been
revised and are fully discussed in Part X..B of the rationale, below. Additional language was also added to
Section III.B of the rationale further clarifying the expectations for compliance with this permit.
Management of Site Waste
This section has been modified to clam that on -site waste must be properly managed to prevent
potential pollution of State waters, and that this permit does not authorize on -site waste disposal.
Solid waste disposal is regulated by the Hazardous Materials and Waste Management Division.
PART II
Permit - Page 28
Permit No. COR- 030000
II CHANGES IN THIS GENERAL PERMIT (cont.)
K. Terms and Conditions SWMP Requirements
SWMP Review /Changes: This section now requires that when changes are made to site conditions,
the SWMP must be revised immediately, except for some BMP description changes which
conditionally may occur within 72 hours. This requirement is included to both ensure that the SWMP
be kept accurate and up -to -date, and to clarify that stormwater management at a site typically should
be proactive instead of responsive, and be integrated into site management to ensure it is calibrated
with those changes. The section was also clarified to state that only changes in site conditions that do
not require new or modified BMPs do not need to be addressed in the SWMP. See Part LD.S(c) of the
permit.
SWMP Certification: The previous permit was unclear on a requirement that the copy of SWMP that
remains at the facility had to be signed in accordance with permit signatory requirements. This
requirement has been deleted. The signatory requirement of Part IF.1 only applies to the SWMP if it
is to be submitted to the Division or to EPA. See Part I.F.1 of the permit.
L. Terms and Conditions Post -Storm Inspections
The previous permit required post -storm inspections, but did not specify the timing of inspections. This
section now requires that post -storm event inspections generally be conducted within 24 hours of the event.
An alternative timeline has been allowed, onl for sites where there are no construction activities occurring
following a storm event. For this condition, post -storm event inspections shall instead be conductedprior to
commencing construction activities, but no later than 72 hours following the storm event and the delay
noted in the inspection report.
Any exception from the minimum inspection schedule is temporary, and does not eliminate the requirement
to perform routine maintenance due to the effects of a storm event, including maintaining vehicle tracking
controls and removing sediment from impervious areas. In many cases, maintenance needs will require a
more frequent inspection schedule than the minimum inspections required in the permit, to ensure that BMPs
continue to operate as needed to comply with the permit. See Part LD.6(a) of the permit.
M. Terms and Conditions, Inspections
1. The Winter Conditions Inspection Exclusion section has been modified to include documentation
requirements for this exclusion. See Part I.D.6(a) of the permit. The Inspection Scope has been
modified to include the requirement to inspect waste storage areas during inspections conducted in
accordance with the permit. See Part LD.6(b) of the permit.
The requirements for sites to qualify for reduced inspection frequencies for completed sites have been
slightly modified (see Part I.D.6(a)(2) of the permit). The requirement now is that only construction
activities that disturb the ground surface must be completed. Construction activities that can be
conducted without disturbance of the ground surface; for example, interior building construction, and
some oil well activities, would not prohibit a site from otherwise qualifying for the reduced inspection
frequency. In addition, the requirement for the site to be prepared for final stabilization has been
slightly modified to allow for sites that have not yet been seeded to qualms, as long as the site has
otherwise been prepared for final stabilization, including completion of appropriate soil preparation,
amendments and stabilization practice. This will allow for sites with seasonal seeding limitations or
where additional seed application may be needed in the future to still qualms.
PART II
Permit - Page 29
Permit No. COR- 030000
IT CHANGES IN THIS GENERAL PERMIT (cont.)
3. The Inspection Report /Records section (Part LD.6(b)(2)) was added to clarify requirements for
inspection reports generated during an inspection conducted in accordance with Part LD.6 of the
permit. Inspection reports must be signed by the inspector, 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 not required to be signed and
certified for accuracy in accordance with Part I.F.1 of the permit. However, any inspection reports
that are submitted to the Division must follow the signatory requirements contained in that section.
N. Terms and Conditions Maintenance Repair and Replacement of Control Practices
These sections have been added to clam requirements for maintaining the BMPs identified in the SWMP
and for addressing ineffective or failed BMPs. BMP maintenance and site assessment to determine the
overall adequacy of stormwater quality management at the site must occur proactively, in order to ensure
adequate control ofpollutant sources at the site. In most cases, ifBMPs are already not operating
effectively, or have failed, the issue must be addressed immediately, to prevent discharge of pollutants. See
Parts I.D. 7 and LD.8 of the permit.
O. Total Maximum Dailv Load (TMDL)
A section on TMDLs has been added. This section gives a general outline of the additional requirements
that may be imposed by the Division if the facility discharges to a waterbody for which a stormwater- related
TMDL is in place. See Section L71I. C of the rationale and Part LD.11 of the permit.
P. Additional Definitions
Part LE of the permit has been modified to remove the definition of runoff coefficient, as it is no longer a
permit requirement. The definition for state waters has also been deleted, but can be found in Regulation 61.
O. Changes in Discharge
The section on the types of discharge or facility changez,4at necessitate Division notification has been
clarified. See Part II.A.1 of the permit.
R. Non - Compliance Notification
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 permit.
S. Short Term Certifications
The previous permit allowed small short -term construction activities to be authorized for a predetermined
period from 3 to 12 months, and then automatically expire (all inactivation request did not need to be
submitted). The issuance of these certifications has led to significant confusion and incidents of
noncompliance resulting from permittees unintentionally letting their certifications expire prior to final
stabilization, as well as issues regarding billing. Therefore, the provisions for short -term certifications have
been deleted.
T. Bypass
The Division has revised the Bypass conditions in PartH..A.S of the permit to be consistent with the
requirements of Regulation 61.8(3)(i). The revised language addresses under what rare occurrences BMPs
may be bypassed at a site.
PART II
Permit - Page 30
Permit No. COR- 030000
III. BACKGROUND
As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has
established a framework for regulating municipal and industrial stormwater discharges. This framework is under
the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is
referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES.) The Water Quality Control
Division ( "the Division') has stormwater regulations (5CCR 1002 -61) in place. These regulations require specific
types of industrial facilities that discharge stormwater associated with industrial activity (industrial stormwater),
to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that
disturb one acre of land or more as industrial facilities. Construction activities that are part of a larger common
plan of development which disturb one acre or more over a period of time are also included.
A. General Permits
The Division has determined that the use of general permits is the appropriate procedure for handling most
of the thousands of industrial stormwater- applications within the State.
B. Permit Requirements
This permit does not impose numeric effluent limits or require submission of effluent monitoring data in the
permit application or in the permit itself. The permit instead imposes practice -based effluent limitations for
stormwater discharges through the requirement to develop and implement a Stormwater Management Plan
(SWMP). The narrative permit requirements include prohibitions against discharges of non - stormwater
(e.g., process water). See Part LD.3 of the permit.
The permit conditions for the SWMP include the requirement for dischargers to select, implement and
maintain Best Management Practices (BMPs) at a permitted construction site that adequately minimize
pollutants in the discharges to assure compliance with the terms and conditions. of the permit. Part LD.2 of
the permit includes basic design standards for BMPs implemented at the site. Facilities must select, install,
implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control
practices. BMPs implemented at the site must be adequately designed to control all potential pollutant
sources associated with construction activity to prevent pollution or degradation of State waters. Pollution
is defined in CDPS regulations (5CCR 1002 -61) as man -Prude or man - induced, or natural alteration of the
physical, chemical, biological, and radiological integrity of water. Utilizing industry- accepted standards for
BMP selection that are appropriate for the conditions and pollutant sources present will typically be
adequate to meet these criteria, since construction BMPs are intended to prevent the discharge of all but
minimal amounts of sediment or other pollutants that would not result in actual pollution of State waters, as
defined above. However, site - specific design, including ongoing assessment of BMPs and pollutant sources,
is necessary to ensure that BMPs operate as intended.
The permit further requires that stormwater discharges from construction activities shall not cause, have the
reasonable potential to cause, or measurably contribute to an excursion above any water quality standard,
including narrative standards for water quality. This condition is the basis for all CDPS Discharge permits,
and addresses the need to ensure that waters of the State maintain adequate water quality, in accordance
with water quality standards, to continue to meet their designated uses. It is believed that in most cases,
BMPs can be adequate to meet applicable water quality standards. If water quality impacts are noted, or
the Division otherwise determines that additional permit requirements are necessary, they are typically
imposed as follows: 1) at the renewal of this general permit or through a general permit specific to an
industrial sector (f the issue is sector- based); 2) through direction from the Division based on the
implementation of a TMDL (if the issue is watershed- based); or 3) if the issue is site - specific, through a
revision to the certification from the Division based on an inspection or SWMP review, or through an
individual permit.
PART II
Permit - Page 31
Permit No. COR- 030000
III. BACKGROUND (cont.)
Some construction sites may be required to comply with a Qualifying Local Program in place of meeting
several of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be
required to submit an application for coverage or a notice of inactivation and may not be required to pav the
Division's annual fee. See Section VII of the rationale.
C. ViolationsIPenalties
Dischargers of stormwater associated with industrial activity, as defined in the CDPS regulations (5CCR
1002 -61), that do not obtain coverage under this or other Colorado general permits, or under an individual
CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the
Colorado Water Quality Control Act, 25 -8 -101. For facilities covered under a CDPS permit, failure to
comply with any CDPS permit requirement constitutes a violation. As of the time of permit issuance, civil
penalties for violations of the Act or CDPS permit requirements may be up to $10, 000 per day, and criminal
pollution of state waters is punishable by fines of up to $25, 000 per day.
IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY
The stormwater regulations (CDPS regulations (5CCR 1002 -61)), require that stormwater discharges associated
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. This permit is
intended to cover most stormwater discharges from construction facilities required by State regulation to obtain a
permit.
A. Construction Activity
Construction activity includes ground surface disturbing activities including, but not limited to, clearing,
grading, excavation, demolition, installation of new or improved haul and access roads, staging areas,
stockpiling offill materials, and dedicated borrowfill areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or originalpurpose of the facility. (The
maintenance exclusion is intended forprojects such as road resurfacing, and where there will be less than
one acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at
least one acre is disturbed, would not qualms as "routine maintenance. ')
Definitions of additional terms can be found in Part LE of the permit.
Stormwater discharges from all construction activity require permit coverage, except for operations that
result in the disturbance of less than one acre of total land area and 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.
B. Tvpes ofDischarzes /Activities Covered
Stormwater: This permit is intended to cover most 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, and gravel, for use at a single`construction site. These areas may be
located at the construction site or at some other location. This permit does not authorize the
discharge of mine water or process water fi-om borrow areas. This permit may also cover stormwater
discharges associated with dedicated asphalt plants and concrete plants located at a specific
construction site.
PART II
Permit - Page 32
Permit No. COR- 030000
IV. STORMWA TER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (cont.)
2. Process water: Under certain restrictions, discharges to the ground from construction dewatering,
and from concrete washout activities, are also covered (see Parts LC.3(c)(7), LC.3(c)(8), LD.3(c) and
LD.3(d) of the permit).
C. Types ofActivities NOT Covered
1. Stormwater: Aside from the sources listed in subparagraph B.1, above, 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 S CCR
1002 -61, Section 61.2(e)(W)(A -I, K)J, are not covered by this permit.
2. Process water: This permit also does not cover any discharge of process water to surface waters. If
the construction activity encounters groundwater, in order to discharge this groundwater to surface
waters, a Construction Dewatering Discharge Permit (permit number COG - 070000) must also be
obtained. An application for this permit can be obtained from the Division at the address listed in
Part LA. 4(a) of the permit, or at the website in Section I of the rationale.
V. COVERAGE UNDER THIS GENERAL PERMIT
Under this generalpermit, owners or operators ofstormwater discharges associated with construction activity
may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes
stormwater discharges associated with industrial activity from areas that are dedicated to producing earthen
materials, such as soils, sand and gravel, for use at a single construction site, and dedicated asphalt plants and
dedicated concrete plants.
This permit does not pre-empt or supersede the authority of other local, state or federal agencies to prohibit,
restrict or control discharges of stormwater to storm drain systems or other water courses within their
jurisdiction.
Authorization to discharge under the permit requires submitta r , -)f a completed application form and a certification
that the SWMP is complete, unless the site is covered by a OAIF ing Local Program. Upon receipt of all
required information, the Division may allow or disallow coverage under the general permit.
VI. APPLICATIONAND CERTIFICATION
At least ten days prior to the commencement of construction activities, the owner or operator of the construction
site shall submit an original completed application which includes the signed certification that the SWMP is
complete. Original signatures are required for the application to be considered complete. For small construction
sites only, if the site is covered by a Qualifying Local Program (see below), submittal of an application is not
required.
For the purposes of this permit, the "operator" is the person who has day -to -day control over the project. This
can be the owner, the developer, the general contractor or the agent of one of these parties, in some
circumstances. At different times during a construction project, different types ofparties may satisfy the definition
of "operator" and the certification may be transferred as roles change.
(Note - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOL For
internal consistency with its current program, the Division will continue to use the term "application.') A
summary of the permit application requirements is found in the permit at Part LA.4(b).
If coverage under this general permit is appropriate, then a certification will be developed and the applicant will
be certified under this general permit.
PART II
Permit - Page 33
Permit No. COR- 030000
VII. QUALIFYING LOCAL PROGRAMS
For stormwater discharges associated with small construction activity (i.e., one to five acre disturbed area sites),
the permit includes conditions that incorporate approved qualifying local erosion and sediment controlprogram
(Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater
program for stormwater discharges associated with small construction activity that has been formally approved
by the Division. The requirements for Qualifying Local Programs are outlined in Part 61.8(12) of the Colorado
Discharger Permit System Regulations (also see the Division's "Qualifying Local Programs for Small
Construction Sites - Application Guidance'). Suchprograms must impose requirements toprotect water quality
that are at least as stringent as those required in this permit.
A. Approval Termination
A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termination
of Division approval of a Oual fying Local Program, any small construction activity required to obtain
permit coverage under Section 61.3(2)(h) of the CDPS regulations (SCCR 1002 -61), shall submit an
application form as provided by the Division, with a certification that the Stonnwater Management Plan
(SWMP) is complete as required by Part I.A.3 of the permit, within 30 days of Division notification.
B. Approval Expiration
Division approval of a Qualifying Local Program will expire with this general permit on June 30, 2012. Any
municipality desiring to continue Division approval of their program must reapply by March 31, 2012. The
Division will determine if the program may continue as a approved Qualifying Local Program.
VIII. TERMS AND CONDITIONS OF PERMIT
A. Coverage under a Oualifvinz Local Program — For Small Construction Sites Only
For small construction sites (disturbing less than S acres) covered under a Oualfing Local Program (see
Section VII, 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 and may require permits and fees. However, simply having a program in place does not
necessarily mean that it is a qualifying program and that a State permit is not required. The local
municipality is responsible for noting operators and /or owners that they are covered by a Qualifying
Local Program. As of May 31, 2007, the only approved Qualifying Local Programs within the state are for
Golden, Durango and Lakewood. An updated list of municipalities with Qualifying Local Programs,
including contact information, is available on the Division's website at:
httP: ! wii-gv. edphe.state. co. rfS! 14'o%PernritsUrlit /"storm water; construction. hurl.
The Division reserves the right to require any construction owner or operator within the jurisdiction of a
Qualifying Local Program covered under this permit to apply for and obtain coverage under the full
requirements of this permit.
Permit Coverage: 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 stormwater associated with
small construction activity under this general permit without the submittal of an application to the
Division. The permittee also is not required to submit an inactivation notice or payment of an annual
fee to the Division. +
PART II
Permit - Pale 34
Permit No. COR- 030000
VIII. TERMS AND CONDITIONS OF PERMIT (coat.)
2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply
with the requirements of that Qualifying Local Program. In addition, the following permit sections are
applicable:
a) Parts I.A. 1, LA.2, and LA.3: Authorization to discharge and discussion of coverage under the
permit.
b) Part I.D. 1: General limitations that must be met in addition to local requirements.
c) Parts I.D.2, I.D.3, I.D.4: BMP implementation, prohibition of non - stormwater discharges
unless addressed in a separate CDPS permit, and requirements related to releases of reportable
quantities.
d) Part I.D. 11: Potential coverage under a Total Maximum Daily Load (TMDL).
e) Part LE: Additional definitions.
J) Part II (except for Parts ILA. 1, H.B.3, H.B.8, and IT B.10): Specifically includes, but is not
limited to, provisions applicable in the case of noncompliance with permit requirements, and
requirements to provide information and access.
B. Stormwater Management Plans (SWMPs)
Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and
implemented for each facility covered by this permit. A certification that the SWMP is complete must be
submitted with the permit application. The SWMP shall identify potential sources of pollution (including
sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with
construction activity from the facility. In addition, the plan shall describe the Best Management Practices
(BMPs) which ti'ill be used to reduce the pollutants in stormwater discharges from the construction site.
(Note that permanent stormwater controls, such as ponds, that are used as temporary construction BMPs
must be adequately covered in the SWMP.) Facilities must implement the provisions of their SWMP as a
condition of this permit. The SWMP shall include the following items:
1. Site Description.
2. Site Map
3. Stormwater- Management Controls
4. Long -term Stormwater Management
5. Inspection and Maintenance
(See Parts I.B. and I. C of the permit for a more detailed description of SWMP requirements.) The Division
has a guidance document available on preparing a SWMP. The document is included as Appendix A of the
permit application, and is available on the Division's website at w-wxv.cdyhe.state.co.us/wa /Permits Unit.
Some changes have been made to the SWMP requirements. See Section 17.1 of the rationale for a discussion
on permittee responsibilities regarding those changes.
VIII. TERMS AND CONDITIONS OF PERMIT (cont.)
C.
W
PART II
Permit - Page 35
Permit No. COR- 030000
Master SWMP
Often, a large construction project will involve multiple smaller construction sites that are within a common
plan of development, or multiple well pads under construction within an oil and gas well field. Pollutant
sources and the types of BMPs used can be relatively consistent in such cases. A permittee could
significantly streamline the SWMP development process through the use of a master SWMP. SWMP
information must be developed and maintained for all construction activities that exceed one acre (or are
part of a common plan of development exceeding one acre) conducted within the permitted area. By
developing a single master plan, the permittee can eliminate the need to develop repetitive information in
separate plans. Such aplan could include two sections, one containing a reference section with information
applicable to all sites (e.g., installation details and maintenance requirements for many standard BMPs,
such as silt fence and erosion blankets), and the second containing all of the information specific to each site
(e.g., site BMP map, drainage plans, details for BMPs requiring site specific design, such as retention
ponds).
As new activities begin, information required in the SWMP is added to the plan, and as areas become finally
stabilized, the related information is removed. Records of information related to areas that have been finally
stabilized that are removed from the active plan must be maintained for a period of at least three years from
the date that the associated site is finally stabilized.
Total Maximum Dailv Load (TMDL)
If the designated use of a stream or water body has been impaired by the presence of a pollutant(s),
development of a Total Maximum Daily Load (TMDL) may be required. A TMDL is an estimate of
allowable loading in the waterbody for the pollutant in question. Types of discharges that are or have the
potential to be a significant source of the pollutant are also identified. If a TMDL has been approved for any
waterbody into which the permittee discharges, and stormwater discharges associated with construction
activity have been assigned a pollutant - specific Wasteload Allocation (WLA) under the. TMDL, the Division
ii ill either:
1. Notify the permittee of the TMDL, and amend the permittee's certification to add specific BMPs
and /or other requirements, as appropriate; or
2. Ensure that the TMDL is being implemented prop, �•lu through alternative local requirements, such as
by a municipal stormwater permit. (The only current example of this is the Cherry Creek Reservoir
Control Regulation (72. 0), which mandates that municipalities within the basin require specific BMPs
for construction sites)
See Part I.D. 11 of the permit for further information.
Monitoring
Sampling and testing of stormwater for specific parameters is not required on a routine basis under this
permit. However, 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 effluent. See Part I.D.1(e) of the permit.
E. Facilitv Inspections
Construction sites typically must inspect their stormwater management controls at least every 14 days and
within 24 hours after the end of anv precipitation or snowmelt event that causes surface erosion. At sites or
portions of sites where ground - disturbing construction has been completed but a vegetative cover has not
been established, these inspections must occur at least once per month. (At sites where persistent snow
cover- conditions exist, inspections are not required during the period that melting conditions do not exist.
These
PART II
Permit - Pale 36
Permit No. COR- 030000
VIII. TERMS AND CONDITIONS OF PERMIT (coat.)
conditions are only expected to occur at high elevations within the Colorado mountains.) For all of these
inspections, records must be kept on file. Exceptions to the inspection requirements are detailed in Part
I.D.6 of the permit.
F. SWMP Revisions
The permittee shall amend the SWMP whenever there is a change in design, construction, operation, or
maintenance of the site, which would require the implementation of new or revised B.MPs. The SWMP shall
also be amended if it proves to be ineffective in achieving the general objectives of controlling pollutants in
stormwater discharges associated with construction activity. The timing for completion of SWMP changes is
detailed in Parts LD.S(c) and LD.S(d) of the permit.
SWMP revisions shall be made prior to change in the field, or in accordance with Part I.D.S(d) of the
permit.
G. Reporting
The inspection record shall be made available to the Division upon request. Regular submittal of an annual
report is not required in this permit. See Part LD.9 of the permit.
H. Annual Fee
Thepermittee is required to submitpayment of an annual fee as set forth in the Water Quality Control Act.
Permittees will be billedfor the initial permitfee within a few weeks ofpernit issuance and then annually,
based on a July I through June 30 billing cycle.
Responsibilitv for Permit
The permit certification for a site maybe inactivated, once coverage is no longer needed. The certification
may be transferred, if another party is assuming responsibility for the entire area covered by the
certification. In addition, permit responsibility for part of the area covered by the certification may be
reassigned to another party. These actions are summarized below. The Stormwater Program construction
fact sheet explains these actions in further detail under the section on Multiple Owner /Developer Sites, and
is available on the Division website at
httl)'Ilwlb,w edphe state co.us,'ii,cr- Permits L' nit' stornnvater , %CorstFactSheet.PDF, Section F.
Inactivation: Notice: When a site has been finally stabilized in accordance with the SWMP, the
permittee shall submit an Inactivation Notice that is signed in accordance with Part I.F.1 of the
permit. A summary of the Inactivation Notice content is described in Part LA.6 of the permit. A copy
of the Inactivation Notice form will be mailed to the permittee along with the permit certification.
Additional copies are available from the Division.
For sites where all areas have been removed from permit coverage, the permittee may submit an
inactivation notice and terminate permit coverage. In such cases the permittee would no longer have
any land covered under their- permit certification, and therefore there would be no areas remaining to
finally stabilize. Areas may be removed from permit coverage by:
- reassignment ofpermit coverage (Part LA.8 of the permit);
-sale to homeowner(s) (Part LA.9 of the permit); or
- amendment by the permittee, in accordance with Division guidance for areas where permit coverage
has been obtained by a new operator or returned to agricultural use.
LY
FIV
VIII. TERMS AND CONDITIONS OF PERMIT (coat.)
PART II
Permit - Page 37
Permit No. COR- 030000
2. Transfer of Permit: When responsibility for stor-mwater discharges for an entire construction site
changes from one individual to another, the permit shall be transferred in accordance with Part I.A. 7
of the permit. The permittee shall submit a completed Notice of Transfer form, which is available
from the Division, and at wiviv. cdtyhe . state. co. usAvafermitsUnit. If the new responsible party will
not complete the transfer 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 owner or operator would be required to obtain permit coverage separately.
3. Reassignment of Permit: When a permittee no longer has control of a specific portion of a permitted
site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall
submit a completed Notice of Reassignment of Permit Coverage form, which is available from the
Division, and at i,- ww. cdvhe. ,state.co.us/lala'PerntitsUnit. Theform requires that both the existing
permittee and new permittee complete their respective sections. See Part LA.8 of the permit.
J. Duration oiPermit
The general permit will expire on June 30, 2012. 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 past the expiration date must apply for recertification under the general permit at least 90
days prior to its expiration date.
Kathleen Rosow
December 18, 2006
PUBLIC NOTICE - 12122106
The permit was sent to public notice on December 22, 2006. A public meeting was requested, and was held on
February 2, 2007. Numerous comments were received on the draft permit. Responses to those comments, and a
summary of changes made to the draft permit, are in a separate document entitled "Division Response To Public
Comments. " The permit will be sent to a second public notice on March 23, 2007. Any changes resulting, the
second public notice will be summarized in the rationale.
Kathleen Rosow
March 22, 2007
PUBLIC NOTICE - 3123107
The permit was sent to public notice for- a second time on March 23, 2007. Numerous comments were received on
the second draft permit. Responses to those comments, and a summary of the additional changes made to the draft
permit, are contained in a separate document entitled "Division Response To Public Comments Part-17". This
document is part of the rationale. Any changes based on the Division response are incorporated into the rationale
and permit. The response document is available online at
httn: ilivivw.cdphe.state.co.tcsliva/ PermitsU nitistorntla ,ater'cortstrtrction.html or by emailing
cdnhe.wa,stw-nt(a-!state. co. us or by calling the Division at 303 - 692 -3517.
Kathleen Rosow
May 31, 2007