HomeMy WebLinkAboutCDOT Storm Water Discharge PermitSTATE OF COLORADO
GENERAL PERMIT APPLICATION Updated 2102
STORMWATER
DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
This application is for use by all stormwater dischargers engaged in construction activities. Construction activities
include clearing, grading, excavation, and other ground disturbance activities. Construction does not include routine
maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or
original purpose of the facility.
This application covers Large Construction Sites (disturbing 5 or more acres) and Small Construction Sites
(disturbing at least 1 but less than 5 acres). See Items 4 and 5. The requirement for Small Construction Sites to
obtain permit coverage begins on July 1, 2002.
Application Due Dates: At least ten days prior to the anticipated date of discharge (start of construction), the
owner or operator of the construction activity shall submit an application as provided by the Water Quality Control
Division (the "Division "). This form may be reproduced.
Permit Fee: Do not send any payment with this application. You will be billed once you are covered under a
permit.
Application Completeness: All items of the application must be completed accurately and in their
entire or the application will be deemed incomplete, and processing of the permit will not begin until all information is
received. (Do not include a copy of the Stormwater Management Plan, unless requested by the Division.) One
original copy of the completed application (no faxes) shall be submitted, only to:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD - Permits
4300 Cherry Creek Drive South
Denver, Colorado 80246 -1530
If you have questions on completing this application, you may contact the Division at (303) 692 -3517.
INSTRUCTIONS
Item 1 - Provide the name and address of the permit applicant, including the company name, local contact, and
mailing address. Indicate whether the applicant is the owner, developer or contractor of the construction
site, and the status as a private, federal, state, county or other public entity. Include the applicant Federal
taxpayer identification number (nine digits). Public entities should use their Federal employer
identification number. This number will be used as an identifier for billing purposes.
Item 2 - Provide the street address of the construction site. (If not available, include the nearest intersection or
other identifying information.) For the approximate center point of the property, the longitude/latitude, to
the nearest 15 seconds, must be included This information is easily obtainable from a U.S. Geological
Survey topographical map, available at area map stores. Also include the name of the construction
project.
�1/I
2/02 /const -1
Item 3 - Briefly describe the nature of the construction activities. Include such things as what is being constructed.,
the ultimate land use, construction methods, or other factors which might affect stormwater quality.
Item 4 - Provide the current estimated start and completion dates for the construction project.
Start date: This is the day you expect to begin disturbing soils, including grubbing, stockpiling,
excavating, and grading activities.
Completion date: in terms of permit coverage, this is when the site is finally stabilized This means that
all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established-
Permit coverage must be maintained until that time. Even if you are only doing one part of the
project, the estimated completion date must be for the overall project. If permit coverage is still
required once your part is completed, the permit must be transferred to the owner /operator.
For Small Construction Sites (1 -5 acres), it is very important to provide an accurate estimate. Hin
doubt, assume a longer period of time. If your estimate is for 12 months or less, the permit fee will be
$68* per quarter, with a minimum fee payment of one quarter. The quarter will begin on the date the
permit is issued For those permit certifications issued for longer than 12 months, the fee is $270* per
year You will receive your bill after the issuance of your certification. Payment is due upon receipt.
( *Final amount to be detm7nined by the 2002 Colorado legislat me.)
If your estimate is for 12 months or less, your certification will automatically expire at the end of the
relevant quarter (see certification for exact date). If your project is not completed (finally stabilized) as
defined above by that time, you must fill out the Construction Certification Extension form (included with
your permit), or risk being in violation of the Clean Water Act.
Item 5 - Provide both the total area of the construction site, and the area that will undergo disturbance, in acres.
Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving
overburden (e.g., stockpiles), and areas with heavy equipment/vehicle traffic and storage.
If the project is part of a larger common plan of development or sale, the disturbed area of the total plan
should also be included This will be used to determine if the project is a Small Construction Site (see
Item 4), and if the site may qualify for the waiver discussed below. A "common plan of development or
sale" is a site where multiple separate and distinct construction activities may be taking place at different
times on different schedules, but still under a single plan. This includes phased projects, projects with
multiple filings or lots, and projects in a contiguous area that may be unrelated but still under the same
contract.
If the total of the disturbed area is less than five acres, and the project will last less than one year, the site
might qualify for a waiver based on the Rainfall Erosivity Factor. See
http://www.cdohe.state.co.gLwA/PennitsU nit/wgcdumt.html for more information.
Item 6 - Identify the receiving water. Receiving waters are any waters of the State of Colorado. These include
any and all surface waters that are contained in or flow in or through the State of Colorado (except for
water withdrawn for use until use and treatment have been completed). This definition includes all water
courses, even if they are usually dry.
2/02 /const -ii-
If stormwater from the constriction site enters a ditch or storm sewer system, identify that system and
indicate the ultimate receiving water for the ditch or storm sewer. Note: a stormwater discharge permit
does not allow a discharge into a ditch or municipal storm sewer system without the approval of the
owner /operator of that system.
Item 7 - The certification of completion of a Stormwater Management Plan (SWMP) must be signed by the
applicant or their authorized agent. Appendix A contains the requirements for the SWMP during the
period of construction (as listed in the general permit). Submittal of the SWMP is not required,
however it must be developed and implemented and kept at the constriction site. The Division reserves
the right to request the SWMP at any time.
Note: The Division has a guidance document available on SWMP preparation (go to
http: / /www.cdphe. state. co .ustwq /PennitsUnit/wgcdpmt.html or call (303) 692 - 3517).
Item 8 - The application must be signed to be considered complete. In all cases it shall be signed as follows:
a) 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 application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) 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.
2/02 /const -lll-
GENERAL PERMIT APPLICATION
STORMWATER DISCHARGES
ASSOCIATED WITH: .
CONSTRUCTION ACTIVITY
(Pemut No. COR -030000)
For Agency Use Only
COR -03
Date Received
Year Month Day
Code: 9A 913 9C(1) 91)(2) 9E(3) 9F(4)
Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and
processing of the permit will not begin until all information is received. Please refer to the instructions for information about the
required items. An original signature of the applicant is required.
1. Name and address of the permit applicant:
Company Name
Mailing Address
City, State and Zip Code
Phone Number ( ) Who is applying? Owner Developer Contractor
Federal Taxpayer (or Employer) ID#• -
2
Local Contact (familiar with facility)
Title Phone Number i )
Entity Type: Private Federal State County City Other:
Location of the construction site
Street Address
City, State and Zip Code
County
Latitude and Longitude
3. Briefly describe the nature of the construction activity:
Name of plan or development
2 /02/const
Anticipated construction schedule (SEE INSTRUCTIONS!):
Commencement date: Completion date:
5. Area of the construction site:
Total area of project site (acres)
Area of project site to undergo disturbance (acres)
If project site is part of a Larger Common Plan of Development or Sale, total area of common plan to undergo disturbance
(see Instructions)
6. The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate
receiving water):
Stormwater Management Plan Certification:
"I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this
application, has been prepared for my facility Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying
the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations."
Signature of Applicant Date Signed
Name (printed) Title
8. Signature of Applicant (legally responsible person)
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this
application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the
information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine or imprisonment."
Signature of Applicant
Date Signed
Name (printed)
Title
2/02 /const -2-
APPENDIX A
CONTEN'T'S OF THE STORMWATER MANAGEMENT PLAN (SWMP)
The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. ('The SWMP
need not be prepared by a registered engineer.) The main objective of the plan is to identify Best Management Practices
(BMPs) which when implemented will meet the terms and conditions of the general permit. Note The Division has a
guidance document available on construction SWMP preparation (go to
http: / /www.cdyhe. state. co .us /wq/PermitsUnit/wgcdl)mt.html or call (303) 692 - 3517).
The plan 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 and
ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with
construction activity. The BMPs must be implemented before construction/grading begins. Construction operations must
implement the provisions of the SWMP required under this part as a condition of this permit.
The SWMP shall include the following items, at a minimum:
1. Site Description
Each plan shall provide a description of the following:
a) A description of the construction activity.
b) The proposed sequence for major activities.
c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or
grading-
d) An estimate of the runoff coefficient of the site before and after construction activities are completed and any existing
data describing the soil, soil erosion potential or the quality of any discharge from the site.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
f) The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers or
chemicals, etc.
g) The location and description of any anticipated non- stormwater components of the discharge, such as springs and
landscape irrigation return flow.
h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a municipal
separate storm sewer, the name of that system, the location of the storm sewer discharge, and the ultimate receiving
water(s).
2. Site Map
Each plan shall provide a generalized site map or maps which indicate:
- construction site boundaries
- all areas of soil disturbance
- areas of cut and fill
- areas used for storage of building materials, soils or wastes
- location of any dedicated asphalt or concrete batch plants
- location of major erosion control facilities or structures
- springs, streams, wetlands and other surface waters
- boundaries of 100 -year flood plains, if determined
3. BMPs for Stormwater Pollution Prevention
The plan shall include a narrative description of appropriate controls and measures that will be implemented before and
during construction activities at the facility.
2102 /const A -1
The plan shall clearly describe the relationship between the phases of construction and the implementation and
maintenance of controls and measures. For example, which controls will be implemented during each of the following
stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remainin
clearing and grubbing, road grading, storm drain installation, final grading, stabilization, and removal of control measures.
The description of controls shall address the following minimum components:
a) Erosion and Sediment Controls
1) Structural Practices. A description of structural site management practices which will minimize erosion and
sediment transport. Such practices may include: straw bales, 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. A description of interim and permanent stabilization practices, including site - specific
scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where
possible and that disturbed areas are stabilized. Non - structural practices may include: temporary seeding, permanent
seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature
vegetation.
b) Materials Handling and Spill Prevention
The SWMP shall identify any procedures or significant materials handled at the site that could contribute pollutants to
runoff. These could include: exposed storage of building materials, fertilizers or chemicals; waste piles; and equipment
maintenance or fueling procedures. Areas or procedures where potential spills can occur shall have spill prevention
and response procedures identified.
Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants
covered by this certification, must be identified in the SWMP.
4. Final Stabilization and Long -term Stormwater Management
A description of the measures used to achieve final stabilization and measures to control pollutants in stormwater
discharges that will occur after construction operations have been completed.
Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetative
cover has been established with a density of at least 70 percent of pre - disturbance levels, or equivalent permanent, physical
erosion 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 can be considered final stabilization. The permittee will be responsible for providing to the
Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon
good cause, amend the final stabilization criteria for specific operations.
5. Other Controls
A description of other measures to control pollutants in stormwater discharges, including plans for waste disposal and
limiting off -site soil tracking.
6. Inspection and Maintenance
A description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and
sediment control measures and other protective measures identified in the SWMP.
2/02 /const A -2
STATE OF COLORADO
Bill Owens, Governor
Douglas H. Benevento, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246 -1530
Phone(303)692 -2000
TDD Line (303) 691 -7700
Located in Glendale, Colorado
http;11www.cdphe.state.co.us
February 24, 2005
Laboratory and Radiation Services Division
8100 Lowry Blvd.
Denver, Colorado 80230 -6928
(303) 692 -3090
Frank S. Makre, Superintendent
The Weitz Company
4725 South Monaco Street Ste. 100
Denver, CO 80237
303/860 -6611
RE: Final Permit, Colorado Discharge Permit System — Stormwater
Certification No: COR- 037796, Eagle County
Sonnenalp Resort Property
Local Contact: Dan Meek, Sr. Project Manager, 303/ 860 -6611
Anticipated Activity: 12/01/2004 through 07/31/2005
On 3.8 acres (2.1 acres disturbed)
Permit Expiration: 8/23/2005
Dear Sir or Madam:
yew 90
1876
Colorado Department
of public Health
and Environment
Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control Act.
Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to
comply with all terms and conditions of your certification.
This certification will automatically expire on the date given above. If your project is not finally stabilized by that time, you
must fill out and submit the attached Construction Certification Extension form at least 10 days before the certification expires,
or risk being in violation of the Clean Water Act. (Only certification disturbing less than 5 acres and lasting less than one year
automatically expire, all other certification must be inactivated.)
Note that the stormwater permit for construction activities now covers construction sites disturbing down to one acre (the
previous threshold was 5 acres). Effective July 1, 2002, any construction activity that disturbs at least 1 acre of land (or is part
of a larger common plan of development or sale that will disturb at least 1 acre) must apply for permit coverage.
Please read the permit and certification. If you have any questions please visit our website at
http: / /www.cdphe. state. co .us /wq /permitsunitlwgcdpmt.html, or contact Matt Czahor at (303) 692 -3575.
// ere 6�
V
Kathryn Dolan
Stormwater Program Coordinator
Permits Unit
WATER QUALITY CONTROL DMSION
Enclosure
xc: Regional Council of Governments
Local County Health Department
District Engineer, Technical Services, WQCD
Permit File
Fee File
Permit No. COR- 030000
Facility No. COR- 037796
PAGE 1 of 17
CERTIFICATION
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION
Construction Activity: The construction activity includes the construction of an
underground parking garage (220 spaces) and new hotel buildings on top.
This permit specifically authorizes: The Weitz Company
to discharge stormwater from the facility identified as Sonnenalp Resort Property
which is located at: 20 Vail Rd and 62 E. Meadow Drive.
Vail, Co 81657
latitude 39/38/30, longitude 106/22/30 in Eagle County
storm sewer to Gore Creek
effective: 02/23/2005
Annual Fee: $449.00 (DO NOT PAY NOW. You will receive a prorated bill.)
?'
Page 2 of 17
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 seq.; the
"Act "), this permit authorizes the discharge of stormwater associated with construction activities certified
under this permit, from those locations specified throughout the State of.Colorado to specified waters of
the State. Such discharges shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility.listed on page 1 of this permit to discharge stormwater
associated with construction activity, as of this date, in accordance with permit requirements and
conditions set forth in Parts I and II hereof. All 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, 2007.
Issued and Signed this 21st day of May, 2002
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
v`
S. David Holm, Director
Water Quality Control Division
DATE SIGNED: MAY 21, 2002
EFFECTIVE DATE OF PERMIT: JULY 1, 2002
TABLE OF CONTENTS
PART
A . COVERAGE UNDER THIS PERMIT ......................................................................................................... ............................... 3
1 .
Authority to Discharge .............................................................................................................. ............................... 3
General Limitations ................................................................................................................... ...............................
a) Applicable Sections .................................................................................................. ............................ . .. 3
2 .
Industries Covered Under this Permit ........................................................................................ ............................... 3
9
a) Definitions: .............................................................................................................................................. 3
Releases in Excess of Reportable Quantities ........................... ............................... ................... ...............................
b) Types of Activities Covered by this Permit: ........................................................................................... 3
3.
Permit Coverage Without Application ...................................................................................... ............................... 3
9
a) Applicable Sections .................................................................................................. ............................... 3
a) Signatory Requirements ........................................................................................... ...............................
b) Local Agency Authority ........................................................................................... ............................... 3
c) Permit Coverage Termination .................................................................................. ............................... 4
9
d) Compliance with Qualifying Local Program ............................................................ ............................... 4
Inspections ................................................................................................................................. ...............................
e) Full Permit Applicability .......................................................................................... ............................... 4
4 .
Application, Due Dates ............................................................................................................. ............................... 4
9
a) Application Due Dates ............................................................................................. ............................... 4
b) Completed Sites ....................................................................................................... ...............................
b) Summary of Application ............................ ................. ..............
5 .
Permit Certification Procedures ................................................................................................. ............................... 4
10
a) Request for Additional Information ......................................................................... ............................... 5
Reporting .................................................................................................................................. ...............................
b) Automatic Coverage ................................................................................................. ............................... 5
7 .
c) Individual Permit Required ...................................................................................... ............................... 5
10
d) Temporary Coverage ................................................................................................ ............................... 5
e) General vs. Individual Permit Coverage ................................................................... ............................... 5
f) Local Agency Authority ........................................................................................... ............................... 5
6 .
Inactivation Notice .................................................................................................................... ............................... 5
7 .
Transfer of Pemiit ...................................................................................................................... ............................... 5
8 .
Permit Expiration Date .............................................................................................................. ............................... 6
9 .
Individual Permit Criteria .......................................................................................................... ............................... 6
B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN .............................................................. ............................... 6
1. Site Description ......................................................................................................................... ............................... 7
2. Site Map .................................................................................................................................... ............................... 7
3. BMPs for Stormwater Pollution Prevention .............................................................................. ............................... 7
a) Erosion and Sediment Controls ................................................................................. ............................... 7
b) Materials Handling and Spill Prevention .................................................................. ............................... 8
4. Final Stabilization and Longterm Stormwater Management ..................................................... ............................... 8
5. Other Controls ........................................................................................................................... ............................... 8
6. Inspection and Maintenance ...................................................................................................... ............................... 8
C . TERMS AND CONDITIONS ...................................................................................................................... ...............................
8
1 .
General Limitations ................................................................................................................... ...............................
8
2.
Prohibition of Non - stormwater Discharges ............................................................................... ...............................
9
3.
Releases in Excess of Reportable Quantities ........................... ............................... ................... ...............................
4 .
Stormwater Management Plans ................................................................................................. ...............................
9
a) Signatory Requirements ........................................................................................... ...............................
9
b) SWMP Review / Changes .......................................................................................... ...............................
9
5 .
Inspections ................................................................................................................................. ...............................
9
a) Active Sites ............................................................................................................... ...............................
9
b) Completed Sites ....................................................................................................... ...............................
10
c) Winter Conditions ....................................................•--------...................................... ...............................
10
6 .
Reporting .................................................................................................................................. ...............................
10
7 .
SWMP Submittal Upon Request .............................................................................................. ...............................
10
D. ADDITIONAL DEFINITIONS .............................•--•------------...............-----.................................................. ............................... 10
-2a-
TABLE OF CONTENTS (cont.)
E. GENERAL REQUIREMENTS ................................................................................................................... ............................... 11
1. Signatory Requirements ........................................................................................................... ............................... 11
2. Retention of Records ................................................................................................................ ............................... 12
PART H
A. MANAGEMENT REQUIREMENTS ......................................................................................................... ............................... 12
1. Change in Discharge ............................................................................................................... ............................... 12
2. • Special Notifications - Definitions ........................................................................................... ............................... 12
3. Noncompliance Notification ..................................................................................................... ............................... 13
4. Submission of Incorrect or Incomplete Information ................................................................. ............................... 13
5. Bypass ...................................................................................................................................... ............................... 13
6. Upsets ...................................................................................................................................... ............................... 13
7. Removed Substances ................................................................................................................ ............................... 14
8. Minimization of Adverse Impact .............................................................................................. ............................... 14
9. Reduction, Loss, or Failure of Treatment Facility .................................................................... ............................... 14
10. Proper Operation and Maintenance .......................................................................................... ............................... 14
B . RESPONSIBILITIES .................................................................................................................................. ...............................
14
1 .
Inspections and Right to Entry ................................................................................................. ...............................
2 .
Duty to Provide Information ..................................................................................................... ...............................
15
3 .
Transfer of Ownership or Control ............................................................................................ ...............................
15
4.
Modification, Suspension, or Revocation of Permit By Division ............................................. ...............................
15
5 .
Permit Violations ...................................................................................................................... ...............................
16
6 .
Legal Responsibilities .............................................................................................................. ...............................
7 .
Severabilitp ............................................................................................................................... ...............................
16
8 .
Renewal Application ............................................................................................................... ...............................
17
9 .
Confidentiality .......................................................................................................................... ...............................
17
10 .
Fees ........................................................................................................................................... ...............................
17
11 .
Requiring an Individual CDPS Permit ..................................................................................... ...............................
17
-2b-
PART
Page 3
Permit No. COR- 030000
PART
A. COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
Under this permit, construction activities, including clearing, grading, and excavation, are granted authorization to
discharge stormwater associated with construction activities into waters of the state of Colorado.
a. , Applicable Sections: This permit is made up of several parts, not all of which apply to all permittees. The
permittee will be responsible for determining and then complying with the applicable sections, depending upon
whether or not a Qualifying Local Program covers the site. For sites not covered by a Qualifying Local Program,
all Parts of the permit except Part I.A.3 apply.
2. Industries Covered Under this Permit
a) Definitions:
1) Stormwater Stormwater is precipitation - induced surface runoff.
2) Construction activity Construction activity includes clearing, grading and excavation activities.
Construction does not include routine maintenance performed by public agencies, or their agents to maintain
original line and grade, hydraulic capacity, or original purpose of the facility.
3) 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.
4) 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.
5) Other Definitions: Definitions of additional terms can be found in Part I.D. of this permit.
b) Types of Activities Covered by this Permit: This permit may authorize all new and existing discharges of
stormwater associated with construction activity. This includes stormwater discharges from areas that are
dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site. This
permit also includes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch
plants. This permit does not authorize the discharge of mine water or process water from such areas.
Permit Coverage Without Application — for small construction activities under a Qualifying Local Program only
If a construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is
authorized to discharge stormwater associated with small construction activity under this general permit without the
submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.C. 1,
I.C.2, I.C.3, I.D and Part II of this permit, with the exception of Parts II.A.1, II.B.3, H.B.8, and 11.13 10, apply.
b) Local Agency Authority: This permit does not pre -empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
PART I
Page 4
Permit No. COR- 030000
A. COVERAGE UNDER THIS PERMIT (cont.)
c) Permit Coverage Termination: When a site 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 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. The owner or 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 owner or 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.C. Lh of this Permit.
4. Application, Due Dates
a) Application Due Dates: At least ten days prior to the commencement of construction activities, the operator of
the construction activity 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 -P -B2
4300 Cherry Creek Drive South
Denver, Colorado 80246 -1530
b) Summary of Application: The application requires, at a minimum, the following:
1) The operator's name, address, telephone number, tax payer identification number (or employer identification
number), and the status as Federal, State, private, public or other entity;
2) Name, 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) A brief description of the nature of the construction activity;
4) The anticipated starting date of the project and the anticipated schedule of completion
5) 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;
6) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e.,
named) receiving water(s);
7) Certification that the SWMP for the construction site is complete (see Part I.B. below); and
8) The signature of the applicant signed in accordance with Part I.E.1 of this permit.
Permit Certification Procedures
If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant
will be authorized to discharge stormwater under this general permit.
PART
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Permit No. COR- 030000
A. COVERAGE UNDER THIS PERMIT (cont.)
a) Request for Additional Information: The Division shall have up to ten days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of
additional information, the Division shall have an additional ten 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.)
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 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 applicable to 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 will be required to process the application and issue the permit.
d) Temporary Coverage: Notwithstanding Parts I.A.5.a -c, above, the Division reserves the right to temporarily
cover stormwater discharge from construction activity under general permits, even though individual, permit
coverage may be more appropriate.
Certification of these activities under a general permit does not in any way infringe on the Division's right to
revoke that coverage and issue an individual permit or amend an existing individual permit.
e) General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator
shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior
to any discharge.
f) 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.
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the operator of the facility must submit an
Inactivation Notice that is signed in accordance with Part I.E.1. of this 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 application is being submitted.
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
An inactivation form may not be required for small construction activities if application was made for coverage with a
completion date less than 12 months from the start of construction activity. In such cases, permit certification may be
authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic
expiration date for permit coverage. If permit coverage beyond that date is needed (i.e., the site has not been finally
stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration
date.
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one individual to another, the
permittee shall submit a completed Notice of Transfer and Acceptance of Terms of a Construction General Stormwater
Discharge Permit Certification that is signed in accordance with Part I.E.1. of this permit. The Notice of Transfer form is
available from the Division and includes:
PART I
Page 6
Permit No. COR- 030000
A. COVERAGE UNDER THIS PERMIT (cont.)
a) Permit certification number.
b) Name, location, and county for the construction site for which the application is being submitted.
c) The current permittee's name, address, telephone number and the status as Federal, State, private, public or other
entity.
d) The new permittee's name, address and telephone number and the status as Federal, State, private, public or other
entity.
e) Certification that the new permittee has reviewed the permit and SWMP and accepts responsibility, coverage and
.liability for the permit.
f) Effective date of transfer.
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
operator would be required to obtain permit coverage separately.
Permit Expiration Date
Authorization to discharge under this general permit shall expire on June 30, 2007. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the applicant's authority to discharge under
the general permit at such time. Any permittee desiring continued coverage under the general permit must reapply by
March 31, 2007. The Division will determine if the applicant may continue to operate under the terms of the general
permit. An individual permit will be required for any facility not reauthorized to discharge under the reissued general
permit.
9. Individual Permit Criteria
Aside from the activity type, the Division may use other criteria in evaluating whether an individual 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.
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.
B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN
The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP
need not be prepared by a registered engineer.) The main objective of the plan shall be to identify Best Management Practices
(BMPs) which when implemented will meet the terms and conditions of this permit (see Part I.C., below).
The plan 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 and
ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with
construction activity. Construction operations must implement the provisions of the SWMP required under this part as
a condition of this permit.
The SWMP shall include the following items, at a minimum:
PART I
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Permit No. COR- 030000
B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN (cont.)
1. Site Description
Each plan shall provide a description of the following:
a) A description of the construction activity.
b) The proposed sequence for major activities.
c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or
grading.
d) . An estimate of the runoff coefficient of the site before and after construction activities are completed and any
existing data describing the soil, soil erosion potential or the quality of any discharge from the site.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
f) The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers
or chemicals, etc.
g) The location and description of any anticipated non- stormwater components of the discharge, such as springs and
landscape irrigation return flow.
h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a
municipal separate storm sewer, the name of that system, the location of the storm sewer discharge, and the
ultimate receiving water(s).
2. Site Map
Each plan shall provide a generalized site map or maps which indicate:
- construction site boundaries
- all areas of soil disturbance
- areas of cut and fill
- areas used for storage of building materials, soils or wastes
- location of any dedicated asphalt or concrete batch plants
- location of major erosion control facilities or structures
- springs, streams, wetlands and other surface waters
- boundaries of 100 -year flood plains, if determined.
3. BMPs for Stormwater Pollution Prevention
The plan shall include a narrative description of appropriate controls and measures that will be implemented before and
during construction activities at the facility.
The plan shall clearly describe the relationship between the phases of construction and the implementation and
maintenance of controls and measures. For example, which controls will be implemented during each of the following
stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remaining
clearing and grubbing, road grading, storm drain installation, final grading, stabilization, and removal of control
measures.
The description of controls shall address the following minimum components:
a) Erosion and Sediment Controls
1) Structural Practices. A description of structural site management practices which will minimize erosion and
sediment transport. Practices may include, but are not limited to: straw bales, silt fences, earth dikes,
drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection,
gabions, and temporary or permanent sediment basins.
2) Non - Structural Practices. A description of interim and permanent stabilization practices, including site -
specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation
is preserved where possible and that disturbed areas are stabilized. Non - structural practices may include, but
are not limited to: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative
buffer strips, protection of trees, and preservation of mature vegetation.
PART
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Permit No. COR- 030000
B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN (cont.)
b) Materials Handling and Spill Prevention
The SWMP shall identify any procedures or significant materials (see definitions at Part I.D.) handled at the site
that could contribute pollutants to runoff. These could include sources such as: exposed storage of building
materials, fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or
procedures where potential spills can occur shall have spill prevention and response procedures identified.
. Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants
covered by this certification, must be identified in the SWMP.
4. Final Stabilization and Longterm Stormwater Management
The plan shall include a description of the measures used to achieve final stabilization and measures to control pollutants
in stormwater discharges that will occur after construction operations have been completed.
Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetative
cover has been established with a density of at least 70 percent of pre - disturbance levels, or equivalent permanent,
physical erosion 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 can be considered final stabilization. The permittee will be responsible for providing to the
Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon
good cause, amend the final stabilization criteria for specific operations.
5. Other Controls
The plan shall include a description of other measures to control pollutants in stormwater discharges, including plans for
waste disposal and limiting off -site soil tracking.
6. Inspection and Maintenance
The plan shall include a description of procedures to inspect and maintain in good and effective operating condition the
vegetation, erosion and sediment control measures and other protective measures identified in the SWMP.
C. 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 or threaten to cause pollution, contamination or
degradation of State waters.
b) Concrete wash water shall not be discharged to state waters or to storm sewer systems.
c) Bulk storage structures for petroleum products and other chemicals shall have 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 conditions and monitoring may be addressed by
separate letter.
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.
PART
Page 9
Permit No. COR- 030000
C. TERMS AND CONDITIONS (cont.)
f) All wastes composed of building materials must be removed from the site for disposal in licensed disposal
facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the
site.
g) Off -site vehicle tracking of sediments shall be minimized.
h) All dischargers must comply with the lawful requirements of 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.
Prohibition of Non - Stormwater Discharges
a) Except as provided in paragraph b, below, all discharges covered by this permit shall be composed entirely of
stormwater. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued
for that discharge.
b) Discharges from the following sources that are combined with stormwater discharges associated with construction
activity may be authorized by this permit, provided that the non - stormwater component of the discharge is
identified in the SWMP (see Part I.B.l.g of this permit):
- fire fighting activities - landscape irrigation return flow
- springs
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 Notification Requirements (see
Part II.A.3 of the permit).
4. Stormwater Management Plans
Prior to commencement of construction, the stormwater management plan (SWMP) shall be implemented for the
construction site covered by this permit.
a) Signatory Requirements: The plan shall be signed in accordance with Part I.E.1., with one retained on site.
b) SWMP Review /Changes: The permittee shall amend the plan whenever there is a significant change in design,
construction, operation, or maintenance, which has a significant effect on the potential for the discharge of -
pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of
controlling pollutants in stormwater discharges associated with construction activity.
5. Inspections
a) Active Sites - For sites where construction has not been completed, the permittee shall make a thorough inspection
of their stormwater management system at least every 14 days and after any precipitation or snowmelt event that
causes surface erosion.
1) The construction site perimeter, disturbed areas and areas used for material storage that are exposed to
precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.
Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are
operating correctly.
PART I
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Permit No. COR- 030000
C. TERMS AND CONDITIONS (cont.)
2) Based on the results of the inspection, the description of potential pollutant sources, and the pollution
prevention and control measures that are identified in the SWMP shall be revised and modified as appropriate
as soon as practicable after such inspection. Modifications to control measures shall be implemented in a
timely manner, but in no case more than 7 calendar days after the inspection.
3) The operator shall keep a record of inspections. Any incidence of non - compliance, such as uncontrolled
releases of mud or muddy water or measurable quantities of sediment found off the site, shall be recorded
with a brief explanation as to the measures taken to prevent future violations, as well as any measure taken to
clean up the sediment that has left the site. After adequate measures have been taken to correct any problems,
or where a report does not identify any incidents of non - compliance, the report shall contain a signed
certification indicating the site is in compliance. This record shall be made available to the Division upon
request.
b) Completed Sites - For sites where all construction activities are completed but final stabilization has not been
achieved due to a vegetative cover that has been planted but has not become established, the permittee shall make
a thorough inspection of their stormwater management system at least once every month. When site conditions
make this schedule impractical, permittees may petition the Division to grant an alternate inspection schedule.
These inspections must be conducted in accordance with paragraphs 1), 2), and 3) of Part I.C.5.a. above.
c) Winter Conditions - Inspections, as described above in a) and b), will not be required at sites where snow cover
exists over the entire site for an extended period, and melting conditions do not exist. This exemption is applicable
only during the period where melting conditions do not exist. Regular inspections, as described above, are
required at all other times.
6. Reporting
No regular reporting requirements are included in this permit; however, the Division reserves the right to request that a
copy of the inspection reports be submitted.
SWMP Submittal Upon Request
Upon request, the permittee shall submit a copy of the SWMP to the Division, EPA or any local agency in charge of
approving sediment and erosion plans, grading plans or stormwater management plans.
All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of
the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans
available to members of the public upon request, unless the SWMP has been submitted to the Division. However, the
permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2.
D. ADDITIONAL DEFR41TIONS
For the purposes of this permit:
1. BAT and BCT: (Best Available Technology and Best Conventional Technology) Technology based federal water
quality requirements covered under 40 CFR subchapter N.
2. 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, and practices to control site runoff, spillage or leaks, waste disposal, or drainage
from material storage.
3. 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.
PART
Page I1
Permit No. COR- 030000
D. ADDITIONAL DEFINITIONS (cont.)
4. Final stabilization: when all soil disturbing activities at the site have been completed, and uniform vegetative cover has
been established with a density of at least 70 percent of pre - disturbance levels, or equivalent permanent, physical erosion
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.
5. Municipal storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains), owned or operated by a
State. city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage,
industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater.
6. Operator: the individual who has day -to -day supervision and control of 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.
7. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or
a stormwater collection system.
8. 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 under one plan.
9. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
10. Process water: any water which during manufacturing or processing, comes into contact with or results from the
production of any raw material, intermediate product, finished product, by product or waste product. This definition
includes mine drainage.
11. Receiving Water: any water of the State of Colorado into which stormwater related to construction activities discharges.
12. Runoff coefficient: the fraction of total rainfall that will appear as runoff.
13. Significant Materials include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharge.
14. Stormwater: precipitation - induced surface runoff.
15. Waters of the state of Colorado: any and all surface waters that are contained in or flow in or through the state of
Colorado. This definition includes all water courses, even if they are usually dry.
E. GENERAL REQUIREMENTS
1. 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 Ievel 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;
PART
Page 12
Permit No. COR- 030000
E. GENERAL REQUIREMENTS (cont.)
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.
b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, a new 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 a period of at least three years from the date that the
site is finally stabilized.
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 final stabilization, unless another location, specified by the permittee, is approved
by the Division.
PART II
A. MANAGEMENT REQUIREMENTS
Chance in Discharge
The permittee shall inform the Division (Permits Unit) in writing of any intent to significantly change activities from
those indicated in the permit application (this does not include changes to the SWMP). Upon request, the permittee shall
furnish the Division with such plans and specifications which the Division deems reasonably necessary to evaluate the
effect on the discharge and receiving stream. The SWMP shall be updated within 30 days of the changes.
The permittee shall submit this notice to the Division within two weeks after making a determination to perform the type
of activity referred to in the preceding paragraph.
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is
prohibited.
2. Special Notifications - Definitions
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 effluent
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.
PART H
Page 13
Permit No. COR- 030000
A. MANAGEMENT REQUIREMENTS (cont.)
3. Noncompliance Notification
a) If, for any reason, the permittee does not comply with or will be unable to comply with any permit limitations,
standards or permit requirements specified in this permit, the permittee shall, at a minimum, provide the Water
Quality Control Division and EPA with the following information:
1) A description of the discharge and cause of noncompliance;
2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge
will return to compliance; and
3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
b) The permittee shall report the following instances of noncompliance orally within twenty -four (24) hours from the
time the permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five
(5) days after becoming aware of the noncompliance (unless otherwise specified by the Division):
1) Any instance of noncompliance which may endanger health or the environment;
2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state.
c) The permittee shall report all other instances of non - compliance to the Division within 30 days. The reports shall
contain the information listed in sub - paragraph (a) of this section.
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, 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.
5. Bypass
The bypass of treatment facilities is generally prohibited.
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 II.A.3. of this permit (24 -hour notice); and
PART II
Page 14
Permit No. COR- 030000
A. MANAGEMENT REQUIREMENTS (cont.)
4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal
regulations.
c) Burden of Proof
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of
proof.
7. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly
disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State.
8. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimiz any adverse impact to waters of the State resulting from
noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring
as necessary to determine the nature and impact of the noncomplying discharge.
9. Reduction, Loss, or Failure of Treatment Facility
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 the treatment facility, the permittee shall, to the extent necessary to
maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an
alternative method of treatment 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, 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 access to any and all facilities or areas within the permittee's
premises that may have any effect on the discharge, permit, or alleged violation.
PART II
Page 15
Permit No. COR- 030000
B. RESPONSIBILITIES (cont.)
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, 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
deternine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records
required to be kept by this permit.
3. 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; 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 State Discharge Permit System Regulations, Section
61.15.
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 State
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 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, 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) Data submitted pursuant to Part I.B or Part I.C.1 indicates a potential for violation of adopted Water Quality
Standards or stream classifications.
PART II
Page 16
Permit No. COR- 030000
B. RESPONSIBILITIES (cont.)
c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent
limitations and other appropriate conditions where data submitted pursuant to Part I indicates that such effluent
limitations and 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 State Discharge Permit System Regulations have been met; and
5) 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.
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), 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. Failure to comply with CDPS permit requirements will also constitute a violation. Civil
penalties for such violations 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.
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 to which the permittee is or may be subject to under Section 311 (Oil and
Hazardous Substance Liability) of the Clean Water Act.
7. Severability
The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this
permit to any circumstance, is held invalid, the application of such provision to other circumstan ces and the application
of the remainder of this permit shall not be affected.
PART II
Page 17
Permit No. COR- 030000
B. RESPONSIBILITIES (cont.)
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. Confidentiality
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the
State Discharge Permit System 61.5(4), all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of
submittal.
Any information relating to any secret process, method of manufacture or production, or sales or marketing data which
has been declared 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.
11. Requiring an Individual CDPS Permit
The Director may require any owner or operator covered under this permit to apply for and obtain an individual 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 become available which indicate water quality standards may be violated.
The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When
an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the
applicability of the general permit to that owner or operator is automatically inactivated upon the effective date of the
individual CDPS permit.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division
WQCD -P -B2
4300 Cherry Creek Drive South
Denver, Colorado 80246 -1530
RATIONALE
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTR UCTION A CTI VITY
GENERAL PERMIT IN COLORADO
SECOND RENEWAL
COLORADO DISCHARGE PERMIT NUMBER COR- 030000
CONTENTS PAGE
I.
Introduction 1
II.
Background 2
III.
Stormwater Discharges Associated with
Construction Activity 3
IV.
Coverage Under this Permit 4
V.
Application and Certification 4
VI.
Qualifying Local Programs 4
VII.
Terms and Conditions of Permit 5
VIII.
Changes Made After Public Notice 7
L INTRODUCTION
This permit is for the regulation of stormwater runoff from construction activities. The term "construction activity" includes
clearing, grading and excavation operations. "Stormwater" is precipitation - inducedd surface runoff. This Rationale will
explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage
under this �,.,.it, and the requirements of this permit.
The forms discussed in the Rationale and Permit are available on the Division's website at:
hitp://www.cdphe state co. usfwq /permitsunit/wgcdpmt. html
A. Changes in this General Permit
Several notable changes from the previous General Permit for Construction Activities have been incorporated into this
permit. Most of the changes are related to the Phase II revision to the stormwater regulation in the Colorado
Discharge Permit System Regulations (5CCR 1002 -61), effective March 2, 2001. Significant changes are listed below:
Permit coverage is now required for construction sites that disturb I to 5 acres (i.e., small construction
activities). Allowances have been made for small construction activities to comply with the requirements of a
Division - approved Qualifying Local Program (refer to section V1 below for a discussion of Qualifying Local
Programs) in place of many specific requirements in the Permit, including requirements to submit an
application, inactivation notice, and fees to the Division. Refer to Part LA.3 of the Permit and section VILA of
the Rationale for more details.
2. The requirements to submit with the application the Township, Range, section and quarter section of a site and
a list of any other environmental permits for the site have been removed
3. Inactivation requirements have been changed to allow small construction activities that submit applications
indicating a completion date 12 months or less from the start of construction activity to be authorized for a
predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date for
permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice. If
permit coverage beyond the expiration date is needed (i.e., the site has not been finally stabilized), the permittee
must submit an extension request form to the Division at least 10 days prior to the expiration.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 2. Permit No. COR- 030000
I. INTRODUCTION (cont.)
4. The Rationale discussion on the Exemptions for Small Municipalities (Section III.B) has been changed to
include the March 10, 2003 deadline forpermit coverage for municipally -owned industries. This did not involve
any changes to the permit.
IL BACKGROUND
As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a
framewohk 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 Water Quality Control Division ( "the Division') has determined that the use ofgeneral permits is the appropriate
procedure for handling the thousands of industrial stormwater applications within the State.
B. Permit Requirements
This permit does not require submission of effluent monitoring data in the permit application or in the permit itself. It
is believed that a fully implemented Stormwater Management Plan (SWMP) should be sufficient to control water
quality impacts.
The permit requires dischargers to control and eliminate the sources ofpollutants in stormwater through the
development and implementation of a SWMP. The plan must include Best Management Practices (BMPs), which will
include pollution prevention and source reduction measures. This will constitute BAT and BCT and should achieve
compliance with water quality standards. The narrative permit requirements include prohibitions against discharges
of non - stormwater (e.g., process water). Refer to Part I.C2 of the permit.
In addition, as a condition of this permit, the permittee is required to pay the annual fee as described 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 as discussed below. Permittees will be billed for the initial permit fee within a few weeks
ofpermit issuance.
Some construction activities 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 pay the annual fee. Refer to Section
VILA of the Rationale for further information.
C. Violations /Penalties
Dischargers of stormwater associated with industrial activity, as defined in the Regulations for the State Discharge
Permit System (5CCR 1002 -61), 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. For facilities covered under a CDPS permit, failure to comply
with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Actor CDPS permit
requirements maybe up to $10, 000 per day. Criminal pollution of state waters is punishable by fines of up to $25,000
per day_
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale -Page 3. Permit No. COR- 030000
111. STORMWA TER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY
The Stormwater regulations 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.
A. Construction Activity
Construction activity includes clearing, grading and excavation activities. Construction does not include routine
maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity,
or original purpose of the facility.
Definitions of additional terms can be found in Part LD of the Permit.
Stormwater discharges from construction activity require permit coverage, except for operations that result in the
disturbance of less than one acre of total land area which are not part of a larger common plan of development or
sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules under one plan.
B. Types ofActivities Covered
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 maybe located at the construction site or at some other location. This permit does not
authorize the discharge of mine water or process water from such areas.
This permit also includes stormwater discharges associated with dedicated asphalt plants and concrete plants located
at the construction sites.
C. Types of Activities NOT Covered
This permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other
types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater
discharge permits pursuant to different sections of the regulations (Regulation S CCR 1002 -61, Section 61.2(e)(iii)(A -I,
K)J, are not covered by this permit.
This permit also does not cover the discharge of process water. If the construction activity encounters groundwater, a
Construction Dewatering Discharge Permit (Permit Number COG - 070000) must also be obtained in order to
discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division
at the address listed in Part LA.4.a of the Permit.
D. Exemptions for Small Municipalities
The Intermodal Surface Transportation Efficiency Act of 1991 (Section 1068(c)) added an exemption to the stormwater
regulations for municipalities with less than 100, 000 population. The term "municipality" includes cities, towns,
counties, special districts or any entity created by or pursuant to State law.
Stormwater discharges associated with construction activity for facilities or sites that are owned or operated by a
small municipality are not required to apply for or obtain a stormwater permit until March 10, 2003. (Note: This
exemption does not apply to other, privately owned construction sites within the same small municipality.)
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 4. Permit No. COR- 030000
IV. COVERAGE UNDER THIS GENERAL PERMIT
Under this general permit, operators of stormwater 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 local 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 submittal of a completed application form and a certification that the
SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the
Division may allow or disallow coverage under the general permit.
V. APPLICATIONAND CERTIFICATION
At least ten days prior to the commencement of construction activities (i.e.; the initial disturbance ofsoils associated with
clearing, grading, excavation activities, installation of structural BMPS, or other activities), the operator of the construction
site shall submit an original completed application which includes the signed certification that the SWMP is complete. In
order to avoid confusion during processing, 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 purpose of this permit, the "operator" is the person who has day - today 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 of
a construction project, different types of parties 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.') An outline of the permit
application requirements is found in the permit at Part LA. 4. b.
If this general permit is applicable, then a certification will be developed and the applicant will be certified under this
general permit.
VI. QUALIFYING LOCAL PROGRAMS
For stormwater discharges associated with small construction activity (i.e., one to five acre sites), the permit includes
conditions that incorporate approved 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. 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'). Such programs must impose
requirements to protect water quality that are at least as strict 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 Qualifying Local Program, any small construction activity required to
obtain permit coverage under Section 61.3(2)(h) of the State Discharge Permit System Regulations shall submit an
application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is
complete as required by Part 1.A.4 of the Permit, within 30 days.
B Approval Expiration: Division approval of a Qualifying Local Program will expire with this general permit on June
30, 2007. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2007.
The Division will determine if the program may continue as a approved Qualifying Local Program.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale -Page S. Permit No. COR- 030000
VII. TERMS AND CONDITIONS OF PERMIT
A. Coverage under a Oualifying Local Program — For Small Construction Sites Only
For small construction sites (disturbing less than S acres) covered under a Qualifying Local Program (see Section VI
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 will be responsible for notifying operators and/or owners
that they are covered by a Qualifying Local Program. A list of municipalities with Qualifying Local Programs is also
available at http.-IAvww.cdphe.state.co.uslwqlPer7nitsUnitlwqcdpmt.htmL
The Division reserves the right to require any 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 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.
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:
LA.1, 1.A.2, and I.A.3: Authorization to discharge and discussion of coverage under the permit.
ii. I.C1: General limitations that must be met in addition to local requirements.
iii. I.C.2, LC.3: Prohibition of non- stormwater discharges unless addressed in a separate CDPS permit, and
requirements related to releases of reportable quantities.
iv. I.D.• Additional definitions.
V. Part II (except for Parts I1. A.1, I1, B.3, IT B.8, and I1. B10): Specifically includes, but is not limited to,
provisions applicable in the case of noncompliance with permit requirement, 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 practice (BMPs) which will be used to reduce the pollutants in
stormwater discharges from the construction site. Facilities must implement the provisions of their SWMP as a
condition of this permit. The SWMP shall include the following items:
I. Site Description
2. Site Map
3. BMPs for Stormwater Pollution Prevention
4. Longterm Stormwater Management
5. Other Controls
6 Inspection and Maintenance
7. Signatory Requirements and Availability
8. SWMP Review /Changes
(See Part I.B. of the permit for a more detailed description of SWMP requirements.)
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 6 Permit No. COR- 030000
VII. TERMS AND CONDITIONS OF PERMIT (cont.)
C. 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.
D. Facility Inspections
Active construction sites must inspect their stormwater management controls at least every 14 days and after any
precipitation or snowmelt event that causes surface erosion. At sites where construction has been completed but a
vegetative cover has not been established, these inspections must occur at least once per month. At sites where winter
conditions exist, inspections are not required during the period that the winter conditions exist. For all of these
inspections, records must be kept on file. Refer to the permit at Part I. C.5 for detailed requirements of these
inspections.
E. Revision of SWMP
Based on the results of the inspections (see D. above), the description of potential pollutant sources and the pollution
prevention and control measures, identified in the SWMP, and the control measures themselves, shall be revised and
modified as appropriate as soon as practicable after such inspection. Modification of control measures shall be
implemented in a timely manner, but in no case more than 7 calendar days after the inspection.
F. 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.
G. Annual Fee
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees
will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July 1
through June 30 billing cycle.
For small construction activities, if application was made for coverage with a completion date 12 months or less from
the start of construction activity, a fee will be assessed based on the estimated number of calendar quarters the site is
active. Projects going beyond that time will be billed the standard annual fee.
H. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the operator of the facility shall submit an
Inactivation Notice that is signed in accordance with Part I.E.1 of the permit. The content of the Inactivation Notice 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.
An exception to the requirement to submit an inactivation has been included in the renewed permit for Small
Construction Sites that will be finally stabilized within 12 months of the beginning of construction activities. In such
cases, the permit certification will indicate the automatic expiration date. If permit coverage is needed beyond that
date, an extension request form must be submitted to the Division at least 10 days prior to the expiration date.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division
Rationale - Page 7. Permit No. COR- 030000
VII. TERMS AND CONDITIONS OF PERMIT (cont.)
Transfer of Perini t
When responsibility for stormwater discharges at a construction site changes from one individual to another, the
permit shall be transferred in accordance with Part I.A.7 of the permit. The Notice of Transfer form will be mailed to
the permittee along with the permit certification. Additional copies are available from the Division. If the new
responsible party will not complete the transfer form, the permit maybe inactivated if the permittee has no legal
responsibility, through ownership or contract, for the construction activities at the site. In this case, the new operator
would be required to obtain permit coverage separately.
J. Duration of Permit
The general permit will expire on June 30, 2007. The permittee's authority to discharge. under this permit is approved
until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit
must apply for recertification under the general permit at least 90 days prior to its expiration date.
Nathan Moore
March 11, 2002
VII CHANGES MADE AFTER PUBLIC NOTICE
Several comments were received from the Environmental Protection Agency (EPA). Changes based on these comments and
additional internal review are discussed below:
A. The EPA commented that language needs to be added to the permit addressing the certification requirements for
inspection reports. Part I.E.I of the Permit requires that all reports submitted to the Division include specific
certification language. Because site inspections required by Part LC.S of the permit are not submitted to the Division,
they are not covered under Part 1. C. S of the Permit or Regulation S CCR 1002 -61, Section 61.4(1)0, which require
specific certification language.
However, Regulation S CCR 1002 -61, Section 61.8(4)(o)(ii)(B) does require that the permittee maintain a record
summarizing the inspections that includes a certification that the site in compliance with the plan and the permit.
Therefore, language has been added to Part LC.5 of the Permit, requiring that a signed statement be included with all
records of inspection on the status of compliance at the site.
B. The EPA recommended that the Permit and Rationale be changed to indicate that the application is due ten days prior
to the commencement of construction activities, instead of prior to the anticipated date of discharge. The Division
agrees that this wording is preferable and more accurately indicates the Division's existing interpretation of the
regulations. These changes have been made.
C. The EPA expressed concern with requiring a permittee to transfer permit coverage in cases where the new responsible
party may not be cooperative. Language has been added to the Permit and Rationale clarifying that termination of
permit coverage is allowed when the permittee no longer has any legal responsibility through ownership or contract
for the construction activity.
D. The EPA commented on the lack of a definition for the terms "receiving water" and "ultimate receiving water A
definition has been added to the Permit, and the term "ultimate receiving water" clarified to indicate that it means the
first named receiving water, if the discharge initially goes to an unnamed ditch or storm sewer.
Nathan Moore
May 15, 2002