Loading...
HomeMy WebLinkAbout36 Development Permit 01-19 HEB 1900 Texas Ave SADAMS CONSULTING ENGINEERS, INC. Civil/Environm ental Eng ineers March 29 , 2001 Mr. Ted Mayo, P .E.~ ?--f!b.& / City of College Station Development Services 1101 Texas Avenue College Station , Texas 77842 Re: Proposed Aggie/and Print Shop Relocation H.E.B. Shopping Center-College Station, Texas ACE/ J.N.: 2001.020 Mr. Mayo : Per your request , please find below an explanation of how the drainage for the proposed Aggieland Prin t Shop will be handled on an interim basis until the drainage improvements for the proposed H.E.B . Grocery Center are constructed and in place . As indicated on the Drainage Plan (sheet 8) in the attached construction drawings , the surface runoff for drainage areas 1 thru 4 will be captured in curb inlets and routed via an underground storm sewer system which will discharge into the existing city storm sewer system located in Park Place . These four drainage areas have a combined acreage of 1.65 acres . Using a pre-developed runoff coefficient of 0.35 and a post-developed runoff coefficient of 0.90 , these four drainage areas produce a runoff rate of 7 .22 cfs and 18 .56 cfs , respectivel y, for a 100-yr rainfall event. The proposed storm sewer system has been designed based upon the ultimate fully developed conditions . The storm sewer pipe discharging into the existing city system has been designed to accommodate the propose d Aggieland Print Shop development on an interim basis only. Once construction on the proposed H.E.B . Grocery Store development has begun, a portion of this discharge pipe will be removed and connected to the propose d underground detention system designed for the entire proposed development. The underground detention system designed for the H.E.B . Grocery Store development will have a volume required to attenuate the runoff d ifference between the pre-developed and post-developed conditions for this entire center. A discharge pipe will be installed out of the proposed underground detention system and connected to the existing 48 " storm pipe located on the north side of Park Place . I trust this explanation of the interim drainage will satisfy the City of College Station Engineering Department concerns. If you have any questions regarding this matter, please do not hesitate to give me a call. Respectfully , G. Robert Adams , PE Sr. Vice President I Branch Manager 2445 East Southlake Boulevard, Su ite 100 • Southlake, Texas 760 92 • Metro (817) 329 -6990 • FAX (817) 329-7671 Corporate Office • Tyler , Texas ADAMS CONSUL TING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS MEMORANDUM TO: Mr. Ted Mayo, P.E. FROM: Jimmy Lopez SUBJECT: Aggieland Print Shop DATE : May 17, 2001 Dear Mr. Mayo You requested a cost estimate for work being done in the City of College Station Right-of-Way and Utility Easements . Below you will find a break down of all public improvements only pertaining to the Aggieland Print Shop development. 1. Approximately 299 l.f. of 6" sanitary sewer and two standard City of College Station sanitary sewer manholes. (Cost= $17,808 .00) 2 . Two heavy-duty drives, one drive will be located on Park Place and the other on Texas Avenue. (Cost= $12,757 .00) 3. Approximately 125 l.f. of 6' wide concrete sidewalk. (Cost= $7,439.00) 4. Installation of 1 standard City of College Station fire hydrant, 49 l.f. of 6" water line and one 18"x6" hot tap with 6" gate valve. (Cost= $9,500.00) Mr. Mayo the total cost for improvements in the City of College Station Right-of-Way and Utility Easements will be $47,504.00 . If you have any other additional questions or comments please feel free to give me a call. Thank you for your time Mr. Mayo . Jimmy Lopez ~ Project Manager REVIEWED FOFi I COl\~PLIAf\.ICE MAY 2 1 2001 COLLEGE STA f lOr-J ENGINEERING 2445 E. Southlake Boulevard, Suite 100, Southlake, Texas 76092 Phone : (817) 329·6990 Fax: (817) 329-7671 Corporate Office: Tyler, Texas Branch Offices: Garland, Texas • San Diego, California ll9l SZE LIB 1'1.:10 I 3:Jl:l Aug 21 20 04:31p ACEI DFW ADAMS CON$ULTINO eNGINEEltS, INC. 2441 £ SOuTMlAKE BLVD., SUITE 100, SOUTHLAKE, TX 76092 {817) 3291990 Public Utilities & Infrastructure Cost Estimate Storm Sewer 27" RCP (L .F . 33"RCP Sub-total Dralna e Structures 5' Curb Inlet 15' Curb Inlet 5' Stonn Sewer Manhole Sub-total Water Servlee 6" PVC Water Line Fire Hydrant 6" PVC Water (Fire Li ne) a· x 6" Tappln11 Sleeve and Valve 3" PVC Domestic Water Li ne 3" Water Meter s· x 3" Tapping Sleeve and Valve Irrigation Meter 8" x 2" Tapping Sleeve and Valve Sub-total sanitary Sewer 6" PVC-SDR3S In stall Sanitary Sewer Concrete Encase m ent Connect to Exlstlng Manhole Sub-total Concrete Sidewalks & Drives Concr11te Sidewalks 4 ·Heavy Duty Drives (1 Park Place, 3 Holleman) Sub-total Total For Public Utilities & Infrastructure Public Utilities Cost Est.-1 812 1101 Quantity 30 105 72 3 82 1 71 1 1 2 2 47 5 6500 3755 817 329 7671 p.2 8/21/01 College Station, TX ACEI Project No. 2000-078 Unit Unit Cost L.F . $46.00 L.F . $54 .00 Each $2.400.00 Each $3,600.00 Each $3 ,400 .00 L.F . $24 .00 Each $2 ,400 .00 L.F. $24 .00 Each $4 ,000 .00 Each $14 .00 Each $0.00 Each $3 ,800 .00 Each $0 .00 t:.ach ~J,OUU .UU L.F. $26 .00 L.F. $100 .00 Each $1,000.00 S.F. $2 .50 S.F . $4 .00 REVIEWED FOR cn~i1PL IANCE AU G 2 2 2001 COLLEGE STA flON ENGINEERING ~ Total $1,380 .00 $5 ,670.00 $7 ,050 .00 $2,400.00 $3 ,600 .00 $3,400.00 $9,400 .00 $1 ,728 .00 $7 ,200 .00 $1,968 .00 $4 ,000 .00 $994 .00 $0 .00 $3 ,800 .00 $0 .00 ~' ,ouu.uu $27 .290.00 $1,222 .00 $500 .00 $1 ,000.00 $2 ,722 .00 $16 ,250 .00 $15 ,020 .00 $31 ,270 .00 $77,732 .00 o ....... .-"' f ~ COLLlGl STATION DEVELOPMENT PERMIT PERMIT NO. 100019C DP-H.E.B. FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE SITE LEGAL DESCRIPTION: LOT 1, BLK. 4 LOT4, BLK. 4 LOT 5, BLK. 4 LOT 6, BLK. 4 DATE OF ISSUE: ruLY 26, 2001 OWNER: MONTANA MICROGROVE c/o NOI CORP. llOLINCOLN COLLEGE STATION, TEXAS 77840 SITE ADDRESS: 1900 TEXAS AVE. S . DRAINAGE BASIN: WOLF PEN CREEK VALID FOR 12 MONTHS CONTRACTOR: TYPE OF DEVELOPMENT: FULL DEVELOPMENT PERMIT SPECIAL CONDITIONS: All construction must be in compliance with the approved construction plans All trees must be barricaded, as shown on plans , prior to any construction . Any trees not barricaded will not count towards landscaping points . Barricades must be l ' per caliper inch of the tree diameter. The Contractor shall take all necessary precautions to prevent silt and debris from leaving the immediate construction site in accordance with the approved erosion control plan as well as the City of College Station Drainage Policy and Design Criteria. The Owner and/or Contractor shall assure that all disturbed areas are sodden and establishment of vegetation occurs prior to removal of any silt fencing or hay bales used for temporary erosion control. The Owner and/or Contractor shall also insure that any disturbed vegetation be returned to its original condition , placement and state . The Owner and/or Contractor shall be responsible for any damage to adjacent properties, city streets or infrastructure due to heavy machinery and/or equipment as well as erosion , siltation or sedimentation resulting from the permitted work. Any trees required to be protected by ordinance or as part of the landscape plan must be completely fenced before any operations of this permit can begin . In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to insure that debris from construction, erosion , and sedimentation shall not be deposited in city streets , or existing drainage facilities. I hereby grant this permit for development of an area outside the special flood hazard area. All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer in the development permit application for the above named project and all of the codes and ordinances of the City of College Station that apply. Cf W COLLEGE STATION DEVELOPMENT PERMIT PERMITN0.100019B DP-H.E.B. FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE SITE LEGAL DESCRIPTION: LOT 1, BLOCK 4 ANDERSON RIDGE SUBDIVISION DATE OF ISSUE: JUNE 2 6, 2001 OWNER: MONTANA MICROGROVE c/o NOi CORP. 110 LINCOLN COLLEGE STATION, TEXAS 77840 SITE ADDRESS: 1900 TEXAS A VE. S DRAINAGE BASIN: WOLF PEN CREEK VALID FOR 12 MONTHS CONTRACTOR: TYPE OF DEVELOPMENT: CLEARING AND GRADING INCLUDING BURIED INFRASTRUCTURE SPECIAL CONDITIONS: Any activity related to building construction must be pre-approved by the City of College Station Building Official or his designee. All construction must be in compliance with the approved construction plans . No construction of public infrastructure including tie-ins without 48 hours notice and approval of City of College Station City Engineer or his designee. All trees must be barricaded , as shown on plans , prior to any construction. Any trees not barricaded will not count towards landscaping points . Barricades must be l ' per caliper inch of the tree diameter. The Contractor shall take all necessary precautions to prevent silt and debris from leaving the immediate construction site in accordance with the approved erosion control plan as well as the City of College Station Drainage Policy and Design Criteria. The Owner and/or Contractor shall a ssure that all disturbed areas are sodden and establishment of vegetation occurs prior to removal of any silt fencing or hay bales used for temporary erosion control. The Owner and/or Contractor shall also insure that any disturbed vegetation be returned to its original condition, placement and state . The Owner and/or Contractor shall be responsible for any damage to adjacent properties , city streets or infrastructure due to heavy machinery and/or equipment as well as erosion , siltation or sedimentation resulting from the permitted work. Any trees required to be protected by ordinance or as part of the landscape plan must be completely fenced before any operations of this permit can begin. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station , measures shall be taken to insure that debris from con struction, erosion , and sedimentation shall not be deposited in city streets, or existing drainage facilities . I hereby grant this permit for development of an area outs ide the special flood hazard area. All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer in the development permit application for the above named project and all of the codes and ordinances of the City of College Station that apply. 6 -u -& / Date~ fe e,, ~,O/ 7 7 Date ~-~ C:OLLlGl STATION DEVELOPMENT PERMIT PERMIT NO. 100019A DP-H.E.B. FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE SITE LEGAL DESCRIPTION: LOT 2 , BLOCK 4 ANDERSON RIDGE SUBDIVISION DATE OF ISSUE: MAY 21, 2001 OWNER: COLLEGE STATION, CITY OF 1101 TEXAS A VENUE COLLEGE STATION, TX 77842 MONTANA MICROGROVE c/o NOI CORP. 110 LINCOLN COLLEGE STATION, TEXAS 77840 SITE ADDRESS: 1900 TEXAS A VE S DRAINAGE BASIN: WOLF PEN CREEK VALID FOR 12 MONTHS CONTRACTOR: TYPE OF DEVELOPMENT: FULL DEVELOPMENT PERMIT-PRINT SHOP SPECIAL CONDITIONS: All construction must be in compliance with the approved construction plans All trees must be barricaded, as shown on plans , prior to any construction. Any trees not barricaded will not count towards landscaping points . Barricades must be l' per caliper inch of the tree diameter. No work is allowed in the TXDOT Right of Way until approved TXDOT Utility and Driveway Permits are received by the City. No excavation is allowed within 15' of the existing City of College Station 20" waterline until the line is taken out of service, depressured and filled with cement grout. The Contractor shall take all necessary precautions to prevent silt and debris from leaving the immediate construction site in accordance with the approved erosion control plan as well as the City of College Station Drainage Policy and Design Criteria. The Owner and /or Contractor shall assure that all disturbed areas are sodden and establishment of vegetation occurs prior to removal of any silt fencing or hay bales used for temporary erosion control. The Owner and /or Contractor shall also insure that any disturbed vegetation be returned to its original condition, placement and state. The Owner and/or Contractor shall be responsible for any damage to adjacent properties, city streets or infrastructure due to heavy machinery and /or equipment as well as erosion , siltation or sedimentation resulting from the permitted work. Any trees required to be protected by ordinance or as part of the landscape plan must be completely fenced before any operations of this permit can begin. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station , measures shall be taken to insure that debris from construction, erosion , and sedimentation shall not be deposited in city streets , or existing drainage facilities. • '· . ! • I hereby grant this permit for deve lopment of an area outside the special flood hazard area. All development shall be in accordance with the p lans and specifications submitted to and approved by the City Engineer in the development permit application for the above named project and all of the codes and ordinances of the City of College Station that apply. Date ~. /'J.. ·1> I Date ((~ COLLlGl STATION DEVELOPMENT PERMIT PERMITNO. 100019 DP-H.E.B. FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE SITE LEGAL DESCRIPTION: LOTS 2 & 3, Block 4 ANDERSON RIDGE SUBDIVISION DATE OF ISSUE: April 12 , 2001 OWNER: COLLEGE STATION, CITY OF 1101 TEXAS A VENUE COLLEGE STATION, TX 77842 MONTANA MICROGROVE c/o NOI CORP. 110 LINCOLN A VENUE COLLEGE STATION, TEXAS 77840 SITE ADDRESS: 1900 TEXAS A VE. S DRAINAGE BASIN: WOLF PEN CREEK VALID FOR 6 MONTHS CONTRACTOR: TYPE OF DEVELOPMENT: CLEARING AND ROUGH GRADING AND WORK NECESSARY TO INSTALL A NEW WATERLINE FEED TO THE EXISTING CITY WATER TOWER ON LOT 3 , BLOCK 4 INCLUDING PLUGGING AND ABANDONMENT OF THE EXISTING 20" WATERLINE FEED SPECIAL CONDITIONS: All construction must be in compliance with the approved construction plans All trees must be barricaded, as shown on plans, prior to any construction . Any trees not barricaded will not count toward s landscaping points. Barricades must be l ' per caliper inch of the tree diameter. The Contractor shall take all necessary precautions to prevent silt and debris from leaving the immediate construction site in accordance with the approved erosion control plan as well as the City of College Station Drainage Policy and Design Criteria. The Owner and/or Contractor shall assure that all disturbed areas are sodden and establishment of vegetation occurs prior to removal of any silt fencing or hay bales used for temporary erosion control. The Owner and/or Contractor shall also insure that any disturbed vegetation be returned to its original condition, placement and state. The Owner and/or Contractor shall be responsible for any ..{l amage to adjacent properties, city streets or infrastructure due to heavy machinery and/or equipment as well as erosion , siltation or sedimentation resulting from the permitted work . Any trees required to be protected by ordinance or as part of the landscape plan must be completely fenced before any operations of this permit can begin. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to insure that debris from construction, erosion, and sedimentation shall not be deposited in city streets , or existing drainage facilities. No work shall be performed in the TEXDOT Right Of Way without required approved TXDOT Permits. I hereby grant this permit for development of an area outside the special flood hazard area. All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer in the development permit application for the above named project and all of the codes and ordinances of the City of College Station that apply. Date Owner/ Agent/Contractor Date ADAMS CONSUL TING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS MEMORANDUM TO : Mr. Ted Mayo, P.E. FROM : Jimmy Lopez SUBJECT: Aggieland Print Shop DATE : May 17, 2001 Dear Mr. Mayo You requested a cost estimate for work being done in the City of College Station Right-of-Way and Utility Easements . Below you will find a break down of all public improvements only pertaining to the Aggieland Print Shop development. 1. Approximately 299 l.f. of 6" sanitary sewer and two standard City of College Station sanitary sewer manholes. (Cost= $17 ,808.00) 2. Two heavy-duty drives, one drive will be located on Park Place and the other on Texas Avenue. (Cost= $12,757.00) 3. Approximately 125 l.f. of 6' wide concrete sidewalk. (Cost= $7,439 .00) 4. Installation of 1 standard City of College Station fire hydrant, 49 l.f. of 6" water line and one 18"x6" hot tap with 6" gate valve . (Cost= $9,500 .00) Mr. Mayo the total cost for improvements in the City of College Station Right-of-Way and Utility Easements will be $47,504.00. If you have any other additional questions or comments please feel free to give me a call. Thank you for your time Mr. Mayo . Jimmy Lopez ~ Project Manager • REVIEWED FOR cn~nPLLA~ICE MAY 21 2001 COLLEGE S T P\ 110N mA1/J ENG INE ERING./'-'' I 2445 E. Southlake Boulevard, Suite 100, Southlake, Texas 76092 Phone: (817) 329-6990 Fax: (817) 329-7671 Corporate Office: Tyler, Texas Branch Offices: Garland, Texas • San Diego, California 1l9l S2E l18 f'l.:10 I 3Jl:I d51:Eo 10 ll ~ew Ma~ 17 01 03:15p ACE! DFW 817 329 7671 p. 1 ADAMS CONSUL TING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS •*•FAX TRANSMITTAL COVER SHEET*** DATE : May 17 , 2001 PAGES : 2 (Includ i ng Cover Sheet) TO : Mr. Ted Mayo ASSOC . : C ity of College Station FAX NO: 979-764-3496 D D D D D D D D D D D 0 D D 0 FROM : Jim Lopez The documents accompanying this Fax transmission contains information from Adams Consulting Engineers, Inc. which is confidential or privileged. If you are not the intended recipient, be aware that disclosure, copying, distribution, or use of the contents i s prohibited. Please notify us immediately if you rece ived this Fax in error so that we may arrange for retrieval. If you do not receive all the pages, please contact ACE/ as soon as possible . COMMENTS: RE: Cost Estimate for Aggieland Hard Copy to be mailed : __ Please Acknowledge Receipt: __ ACEI J.N.: 2001-020 2445 E. Southlake Boulevard, Suite 100, Southlake, Texas 76092 Phone : (817) 329-6990 Fax : (817) 329-7671 .-______ ,_ ,,,,,,....#:_,,_. • .,.. •• 1 ..... -T'....,"'"....,..,. 0.--...,,-h /""\Ni-.-~· ~'!:S rl<!:S,,,../ T'AVO~ • .~J:ll,., n iann (°!::;:,fi'fnrn i::l ADAMS CONSUL TING ENGINEERS, INC Civil • Environmental Engineers 2445 E. Southlake Blvd ., Suite 100 Southlake , Texas 76092 (817) 329-6990 FAX (817) 329-7671 TO : Ted Mayo, P.E. City of College Station 1101 Texas Avenue College Station , TX 77842 SAN ANTONIO, TX 78211~,i l 0 n '"J LETTER OF TRANSMITTAL DATE : 4/3/01 JOB NO: 2001-019 COPY TO: WE ARE SENDING YOU X ATTACHED 0 UNDER SEPARATE COVER VIA -------------------- DATE 4/3/01 0 Shop Drawings 0 Copy of Letter NO . 0 Prints 0 Change Order X Plans 0 Samples DESCRIPTION WATER TOWER RELOCATION PLANS 0 Specifications THESE ARE TRANSMITTED as checked below: 0 For approval x For your use X As requested 0 For review and comment 0 FOR BIDS DUE ____________ 19_ REMARKS: Ted- Here are the set of construction plans for the City of College Station water tower relocation . Lee Morris SIGNED: ______________ _ D RobAdams X Lee Morris 0 Pat Williford 0 David Recht 0 Jimmy Lopez 0 Nathan Olson 0 Chad Kimbell Corporate Office : Tyler, Texas Branch Offices : Garland, Texas •San Diego, California .· .,• .. ; . \ .. 'G .:! ··'. .. ' .. i . I ' ... , .· .. 1 l( ,,. ~ \ . )·· .. © FOR OFF{Ot USE ONLY CASE NO.~ U I+ ·-__,_w-- \ O~L-~D_ATE~SUB~Ml-l_~~~D-==~~===.i 3ill9(01 OfJ-HfA 01-A SITE PLAN APPLICATION l\fINIMUM SUBMITTAL REQUIREMENTS _lS._ Site plan application completed in full. -1L $100.00 Application Fee. ~ $100.00 Development Permit Application Fee. _x_ $300.00 Public Infrastructure Inspection Fee if applicable. (This fee is payable if construction of a public . waterline, sewerline, sidewalk, street or drainage facilities is involved.) ~ Ten (IO) folded copies of site plan. ~ A copy of the attached site plan checklist with all items checked off or a brief explanation as to why they are not checked off. APPLICATION DATA NAME OF PROJECT Proposed H. E. B. Grocery Store ADDRESS NW Intersection of Holleman & Texas Avenue LEGAL DESCRIPTION Lots 1-4, Block 4, Anderson Ridge Subdivision APPLICANT (Primary Contact for the Project): · Name Jimmy Lopez Street.Address 2445 E. Southlake Blvd. STE 100 City --=-S=-ou=th=l=a=k~e"'--------- State TX Zip Code 76092 E-Mail Address Lopez@acei-dfw.com Phone Number ( 817) 329-6990 Fax Number_( 8_1_7~)_3_2_9_-_7_6_7_1 _________ _ PROPERlY OWNER'S INFORMATION: Name See Attached List StreetAddress --------------~ City ------------~ State Zip Code _____ E-Mail Address ------------ Phone Number Fax Number --------------------------- ARCIIlTECT OR ENGINEER'S INFORMATION: Name Adams Consul ting Engineers Inc. Street Address 2445 E. Southlake Blvd. STE 100 City Southlake ------------- State TX ZipCode 76092 E-MailAddress Robo@acei-dfw.com Phone Number ( 81 7 ) 3 2 9-6 9 9 0 Fax Number ..... < .... 8 ..... 1 _._7 """') 3....,2:...9""""--7'-'6"""'7'-'1'------------ OTIIER CONTACTS (Please specify type of contact, i .e. project manager, potential buyer, local contact, etc.) Name Mary Rohrer, H.E.B. Grocery Company (tenant) Street Address 6 4 6 s . Main City --"S-"a_n ____ A_n_t_o_n_i_o ______ _ State TX Zip Code 78204 E-MailAddress Rohrer.mary@heb.com Phone Number ( 21 o ) 9 3 8-8 2 3 8 Fax Number -1..( ~2..!..1 ~0"'--) _9:::..;3~8::::...---=8~0::..:9::...1=----------- SITE PLAN APPLICATION 1 n f1 CURRENTZONING __ P~o~o""'-------­ . PRESENT USE OF PROPER1Y Vancant Piece of Property with a water tower frontj ng L'Texas Avenue ... PROPOSEDUSEOFPROPER1Y Propo_sed grocery store, fuel station, & .. rel ocatj on of exjst Aqqi eland Print Shop. . I ' V ARIANCE(S) REQUESTED AND REASON(S) The plat & concept plan have been approved @ planning commission & City Council ~f l !Var.!ances requested were approved @ City Council on 2/8/01 #OF PARKING SPACES REQUIRED 1 /200 SF. 493spaces a MULTI-FAMILYRESIDENTIAL Total Acreage ___ _ Floodplain Acreage __ Housing Units ___ _ # of l Bedroom Units # of 2 Bedroom Units # of 3 Bedroom Units # of 4 Bedroom Units FOR 2 BEDROOM UNITS ONLY __ . # Bedrooms ~ 132 sq. ft. __ #Bedrooms< 132 sq. ft. #OF PARKING SPACES PROVIDED 51 3 ~"'---- a COMMERCIAL Total Acreage 1 O. 2 5 6 Building Square Feet 93, 1 86 p oposed Floodplain Acreage 5, 432 ex sting 1he applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. · Date SITE PLAN APPLICATION '2 of3 SUPPLEMENTAL DEVELOPMENT PERMIT INFORMATION Application is hereby made for the followmg development specific waterway alterations: No alterations for waterways are proposed for this development ACKNOWLEDGMENTS: I, G. Robert Adams , .. , design engineer/owner, hereby acknowledge or affirm that: The information and conclusions contained in the above plans and supporting documents comply with the current requirements of the CitY of College Station, Texas City Code, Chapter 13 and its associated Drainage Policy and Design Standards. AB a condition of approval of this permit application, I agree to construct the improvements proposed in this application according to these documents and the requirements of Chapter 13 of the College St.ation City Code. Property Owner(s) Contractor CERTIFICATIONS: (for proposed alterations within designated flood hazard areas.) A. I, G Robert Adams • certify that any nonresidential structure on or proposed to be on this site as part of this application is designated to prevent damage to the structure or its contents as a result of flooding from the 100 year storm. ei -~!{) ___;,!?)__;__;. '---=6.-=-0~\ -- &gineer D~ B. I, N /A • certify that the finished floor elevation of the lowest floor, including any basement, of any residential structure, proposed as part of this application is at or above the base flood elevation established in the latest Federal Insurance Administration Flood Ha7.ard Study and maps, as amended Engineer D~ C. I, G. Robert Adams . certify that the alterations or development covered by this permit shall not diminish the flood~ capacity of the waterway adjoining or crossing this permitted site and that such alterations or development are consistent with requirements of the City of College St.ation City Code, Chapter 13 concerning encroachments of floodways and of floodway fringes. (6.~JL -'~.\~_.c_\ -- Engineer D~ D. I, G Robert Adams • do certify that the proposed alterations do not raise the level of the 100 year flood above elevation established in the latest Federal Insurance Administration Flood Hazard Study. G; -~ tJL_ -~~t:5...;._.0-"--\ --- Engineer Date Conditions or comments as part of approval:--------------------------- In accordance with Chapter 13 of the Code of Ordinances of the City of College St.ation, measures shall be taken to insure that debris from construction, erosion, and sedimentation shall not be deposited in city streets, or existing drainage facilities. I hereby grant this permit for development All development shall be in accordance with the plans and specifications submitted to :and approved by the City Engineer for the above named project All of the applicable codes and ordinances of the City of College Station shall apply. SITE PLAN APPUCATION 3oC3 .,,.,.,, A.DD IVY' A'tl'tC,IQQ tQ 1. Jii 2. ~ 3 . l2!i m ,Q1 JB ~ fill 4 . Jlf S. 2' 6. ~ 7. = )q D a Pi. jlf Jl( Jl1 SUBMIT APPLICATION AND Tms LIST CHECKED OFF WITH 10 FOLDED COPIES OF SITE PLAN FOR REVIEW SITE PLAN.MINIMUM REQUIRE~NTS , • , 1 (ALL CITY ORDINANCES MUST BE MET). . INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Sheet size -24" x 36" (minimum). A key map (not necessarily to scale). Title block to include: Name, address, location, and legal description Name, address, and telephone number of applicant Name, address, and telephone number of developer/owner (if differs from applicant) Name, address, and telephone number of architect/engineer (if differs from applicant) Date of submittal Total site area North arrow. Scale should be largest standard engineering scale possible on sheet. Ownership and current zoning of parcel and all abutting parcels. Existing locations of the following on or adjacent to the subject site: Streets and sidewalks (RO.W.). Driveways (opposite and adjacent per Driveway Ordinance 1961). Buildings. Water courses. Show all easements clearly designating as existing and type (utility, access, etc.). 100 yr. floodplain and floodway (if applicable) on or adjacent to the proposed project site, note ifthere is none on the site. Utilities (noting siz.e and designate as existing) within or adjacent to the proposed site, including building transformer locations, above ground and underground service connections to buildings, and drainage inlets . Meter locations . Topography {2' max or spot elevations) and other pertinent drainage information . (If plan has too much infonnation, show drainage on separate sheet.) 8 . Proposed location, type and dimensions of the following.: .ti{f Phasing. Each phase must be able to stand alone to meet ordinance requirements. BJ The gross square footage of all buildings and structures and the proposed use of each . If different uses are to be located in a single building, show the location and siz.e of the uses within the building. Building separation is a minimum of 15 feet w/o additional fire protection. ,12( Setbacks. Show building setbacks as outlined in Ordinance 1638 Zoning Ordinance, (Section 7, Table A). J'1if Off-Street parking areas .with parking spaces drawn, tabulated, and dimensioned. Minimum parking space is 9' x 20', or on a perimeter row 9' x 18' with a 2' overhang. Designate number of parking spaces required by ordinance and provided by proposal . Handicap parking spaces. SITE PLAN CHECKLIST 1 of3 NOTE: 9 . Parking Islands. Raised landscape islands, (6" raised curb) a minimum of 180 sq. ft. are required at both ends of every parking row (greenspace area contiguous to the end island maybe applied toward the required 180 sq. ft.). Additionally, 180 sq. ft. oflandscaping for every 15 interior parking spaces must be provided. All required islands must be landscaped or set with decorative pavers, or stamped dyed concrete or other decorative materials as approved. Drives. Minimum drive aisle width is 23' with head-in parking or 20' without parking. Curb cuts . For each pr.oposed curb cut (including driveways, streets, alleys, etc.) locate existing curb cuts on the same opposite side of the street to determine separation distances between existing and proposed .. curb cuts . Indicate driveway throat length as measured in the Driveway Ordinance. (See Ordinance 1961 for driveway location and design requirements.) Security gates (show swing path and design specs with colors). Sidewalks (both public and private). Sidewalks are required at time of development if property has frontage on a street shown on the Sidewalk Master Plan or if the review staff determines the necessity. (Refer to Section 10.2 of the Zoning Ordinance). Medians. Show any and all traffic medians to be constructed on site. Landscape Reserve. A twenty four foot setback from RO.W. to curb of parking lot is required. Pavement may encroach into this 24' reserve by up to 1134 square feet if streetscape requirement can still be met. In no case may the pavement be less than 6' from the .property line. Common open spaces sites Loading docks Detention ponds Guardrails Retaining walls All required and other types of fences (a 6' privacy fence is required between industrial/commercial and residential developments as well as between multi-family and single family developments). Sites for solid waste containers with screening. Locations of dumpsters are accessible but not visible from streets or residential areas. Gates are discouraged and visual screening is required. (Minimum 12 x 12 pad required.) Show all easements clearly designating as proposed and type (utility, access, etc.). If dedicated by separate instrument list by volume and page. Utilities (noting size and designate as proposed) within or adjacent to the proposed site, including building transformer locations, above ground and underground service connections to buildings. Meter locations (must be located in public RO.W. or public utility easement.). Proposed grading (l' max for proposed or spot elevations) and other pertinent drainage information. (If plan has too much information, show drainage on separate sheet.) Show proposed and existing fire hydrants. Fire hydrants must be located on the same side of a major street as a project, and shall be in a location approved by the City Engineer. Any structure in any z.oning district other than R-1, R-lA, or R-2 must be within 300 feet of a fire hydrant as measured along a public street, highway or designated fire lane. Show fire department connections. FDC's should be within 150' of the fire hydrant. In no case shall they be any further than 300' apart, and they shall be accessible from the parking lot without being blocked by parked cars or a structure. Show fire lanes. Fire lanes a minimum of 20 feet in width with a minimum height clearance of 14 feet must be established if any portion of the proposed structure is more than 150 feet from the curb line or pavement edge of a public street or highway. Fire hydrants must be operable and accepted by the City, and drives must have an all weather surface as defined in the Zoning Ordinance Section 9 before a building permit can be issued. f/.E.!J Aa.rrL,.q...v[) Will building be sprinkled? Yes W No ll1 If the decision to sprinkle is made after the site plan has been approved, then the plan must be resubmitted. 10. Wheelstops may be required when cars overhang onto property not owned by the applicant or where there may be conflict with handicap accessible routes or above ground utilities, signs or other conflicts . SITE PLAN CHECKUST 2of3 [J [J 11. 12. a a 13 . 14. 15 . 16. 17. 18. 19 . 20. NOTE: Show curb and pavement detail. A 6" raised curb is required around all edges of all parts of all paved areas without exception. (To include island, planting areas, access ways, dumpster locations, utility pads, etc.) Curb details may be found in the Zoning Ordinance Section 9 and alternatives to those standards must be approved by the City Engineer. No exception will be made for areas designated as "reserved for future parking''. Landscape plans as required in Section Hof the Zoning Ordinance (See Ordinance# 1638.) The landscaping plan can be shown on a separate sheet if too much information is on the original site plan. If requesting protected 1Jee points, then those trees need to be shown appropriately barricaded on the landscape plan . Attempt to reduce or eliminate plantings in easements . Include information on the plans such as: required point calculations additiQD31 streetscape points required. Streetscape compliance is required on all streets larger than a residential street. calculations for # of street trees required and proposed (proposed street tree points will accrue toward total landscaping points.) proposed new plantings with points earned proposed locations of new plantings screening of parlcing lots screening of dumpsters, detention ponds, transformers, A/C units, loading docks, propane tanks, utility demarcation point on buildings, or other areas potentially visually offensive. existing Jandscaping to remain show existing trees to be barricaded and barricade plan. Protected points will only be awarded if barricades are up before the first development permit is issued. Show irrigation system plan. (or provide note on how irrigation system requirement will be met prior to issuance ofC.O.) All plans must include irrigation systems for landscaping. Irrigation meters are separate from the regular water systems for buildings and will be sized by city according to irrigation demands submitted by applicant and must include backflow prevention protection. Is there any landscaping in TxDOT RO.W. ? If yes, then TxDOT permit must be submitted. Will there be any utilities in TxDOT RO.W. ? If yes, then TxDOT permit must be submitted. Will there be access from a TxDOT RO.W. ? If yes, then TxDOT permit must be submitted. Yes [J Yes [J Yes ..Qi1 No ,Bf No Af No Q The total number of multi-family buildings and units to be constructed on the proposed project site . The density of dwelling units per acre of the proposed project. Provide a water and sanitary sewer legend to include water demands (minimum, maximum and average demands in gallons per minute) and sewer loadings (maximwn demands in gallons per day). Are there impact fees associated with this development? Yes 12 No Q Signs are to be permitted separately. SITE PLAN CHECKUST 3of3 ~ M""Pf'\V fV'V"I n., ,,.. ' lt'\n HEB SITE PLAN APPLICATION CITY OF COLLEGE STATION Property Owner Information: Lot 1 and Lot 2. Block 4 Montana Microgroove c/o N.0.1. Corporation 110 Lincoln A venue College Station, Tx 77840 James H. Hughes 979-696-3095 Fax: 979-764-2781 Lot 3. Block 4 City of College Station 1101 Texas Avenue College Station, Tx 77842 KimM. Foutz 979-764-3753 Fax: 979-764-3481 Lot 4. Block 4 Aggieland Printing 1801 Holleman Dr. College Station, Tx 77840 Johnny Stimson 979-693-8621 Fax: 979-693-4571 HEB Building Parameters : HEB Store Information College Station Siz.e: Approximately 86,900 sf (including me.u.anine and exterior coolers) Building Type: UBC building type IIN, fully sprinklered, unlimited area Occupancy: Group M Telephone: 2 -4" diameter conduit with pull string for 50-pair cable Domestic Water: 3" diameter water line with 2" diameter meter (92 GPM with 60 psi) Gas: 5000 CFH with 5 psi Electricity: 3000 Amp service (480 volt - 3 phase) Fire Sprinkler Water: 8" diameter fire line with backflow preventer on fire riser inside of HEB Building (1100 GPM with 60 psi) Sanitary Sewer: 6"diameter sewer line with sewer invert eight (8) ft below finished floor Aggieland Print Shop Building Parameters: Siz.e: 6,000 sf Building Type: UBC building type IV, non sprinklered Occupancy: GroupM Telephone: I -4" diameter conduit with pull string for three tenant spaces Domestic Water: l" diameter water line with l " diameter meter (92 GPM with 60 psi) Gas: 5000 CFH with 5 psi Electricity: 800 Amp service (120/208volt -3 phase) Sanitary Sewer: 6"diameter sewer line with sewer invert 4 feet below finished floor Utility Capacities for HEB Fuel Station Communication: Water: Power: 3-2" diameter conduits with pull strings from HEB building computer room to fuel station kiosk 5/8 " meter and water line for air/water stand 200Amp (240 single phase) meter service ADAMS CONSUL TING ENGINEERS, INC Civil • Environmental Engineers 2445 E. Southlake Blvd ., Suite 100 Southlake, Texas 76092 (817) 329-6990 FAX (817) 329-7671 TO : City of College Station Development Services 1101 Texas Avenue College Station, Texas 77842 (979) 764-3570 LETTER OF TRANSMITTAL DATE : 3/15/01 I JOB NO : 2000-078 ATIN : Ms . Jessica Jimmerson RE : H.E.B . -Grocery Store COPY TO: WE ARE SENDING YOU X ATTACHED 0 UNDER SEPARATE COVER VIA _________ _ COPIES DATE D Shop Drawings D Copy of Letter NO. X Prints D Change Order 0 Plans O Samples DESCRIPTION 0 Specifications , 10 3/15/01 4 Bluelines of Site Plan, Grading Plan, Drainage Plan and Utility . Plan 1 3/15/01 9 Site Plan Application with attached memos 3/15/01 1 Check# 1537 for $500.00 (Application Fee) THESE ARE TRANSMITTED as checked below: 0 For approva l X For review and comment REMARKS: SIGNED :~~ 0 Rob Adam~ 0 Pat Williford X Jimmy Lopez 0 Nathan Olson X For your use 0 Ngozye Musenda 0 Jason Small 0 As requested Corporate Office : Tyler, Texas Branch Offices: Garland, Texas• San Diego, California ADAMS CONSUL TING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS MEMORANDUM TO : Ms . Jessica Jimmerson FROM: Jimmy Lopez SUBJECT: College Station, Texas DATE: March 15, 2001 Ms. Jimmerson A ll Site Plan Minimum Requirements pertaining to the proposed H.E.B . Grocery Store, Fuel Station ·. and Aggieland Print Shop have been met. Below you will find a list of the comments that were not addressed . 7. Water Courses -NIA for this development 8. Security Gates -N/A for this development Common Open Spaces Sites -N/A for this development Guardrails -N/A for this development 12. Existing Landscaping -No existing landscap ing will be left in place for this development. Barricading Trees -All trees will be removed for this development. 17. Total# of Multi-family Bldgs. -N/A for this development. 18. Density of Dwelling Units -N/A for this development 2 445 E. Southlake Boulevard, Suite 100, Southlake, Texas 76092 Phone: (817) 329-6990 Fax: (817) 329-7671 Corporate Office: Tyler, Texas Branch Offices: Garland, Texas • San Diego, California TO: FROM: SUBJECT: DATE: MEMORANDUM Bridgette George, Development Services Brenda Godfrey, Legal Assistant Temporary Blanket Utility Easement LONE STAR EXCHANGE COMPANY (John William Stimson and Cindy Stimson) 0.654 acre tract being a portion of Lot 2, Block 4, Anderson Ridge Subdivision, Phase Four, City of College Station, Brazos County, Texas August 14, 2001 Attached for your file is a copy of the Temporary Blanket Utility Easement which has been recorded in Volume 4249, Page 318, of the Official Records of Brazos County, Texas. If you need any additional information, please let me know. Bg Attachments ~-v COLLEGE STATION DEVELOPMENT PERMIT PERMIT NO. 100019A DP-H .E .B. FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE SITE LEGAL DESCRIPTION: LOT 2, BLOCK 4 ANDERSON RIDGE SUBDIVISION DATE OF ISSUE: MAY 21 , 2001 OWNER: COLLEGE STATION, CITY OF 110 I TEXAS A VENUE COLLEGE STATION, TX 77842 MONTANA MICROGROVE c/o NOI CORP . 110 LINCOLN COLLEGE STATION, TEXAS 77840 SITE ADDRESS: 1900 TEXAS A VE S DRAINAGE BASIN: WOLF PEN CREEK VALID FOR 12 MONTHS CONTRACTOR: TYPE OF DEVELOPMENT: FULL DEVELOPMENT PERMIT-PRINT SHOP SPECIAL CONDITIONS: All construction must be in compliance with the approved construction plans All trees must be barricaded, as sho wn on plans , prior to any construction. Any trees not barricaded will not count to wards landscaping points. Barricades must be I ' per caliper inch of the tree diameter. No work is allow ed in the TXDOT Right of Way until approved TXDOT Utility and Driveway Permits are received by the City. No excavation is allowed within 15' of the existing City of College Station 20" waterline until the line is taken out of service, depressured and filled with cement grout. The Contractor shall take all necessary precautions to prevent silt and de bris from leaving the immediate con struction site in accordance with the approved erosion control plan as well as the City of College Station Drainage Policy and Design Criteria . The Owner and/or Contractor shall assure that all disturbed areas are sodden and establishment of vegetation occurs prior to removal of any silt fencing or hay bales used for temporary erosion control. The Owner and/or Contractor shall also insure that any disturbed vegetation be returned to its original condition , placement and state. The Owner and/or Contractor shall be responsible for any damage to adjacent properties, city streets or infrastructure due to heavy machinery and/or equipment as well as erosion , siltation or sedimentation resu lting from the permitted work . Any trees required to be protected by ordinance or as part of the landscape plan must be completely fenced before any operations of this permit can begin. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to insure that debris from construction, erosion , and sedimentation shall not be deposited in city streets, or existing drainage facilities. " I hereby grant this permit for development of an area outside the special flood hazard area. All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer in the development permit application for the above named project and all of the codes and ordinances of the City of College Station that apply . J Owner/ Agent/Contractor Date {:,,f'"2·cD/ ' Date ni....c. .1. u r "" ADAMS CONSULTING eNGINEEftS, INC. 2'" £. souTMl::AK! BLVD., SUITE 100, SOUTHLAKE, TX 76092 (817) 329-6990 Public Utilities & Infrastructure Cost Estimate Storm Sewer 27"RCP .F . 33"RCP Sub-total Drain Structures 5' Curb Inlet 1 S Curb ht let 5' Stonn Sewer Manhole Sub-total Water Strvlce 6"' PVC Water Line Fire Hydrant 3• PVC Domestic Waler line 3" Water Meter s· x 3• T · 1g Sleeve and Valve I · atlon Meter 8° x T Tapping Sleeve and Valve SutHotal Install Sanitary Sewer Concrete Encasement Connect to Existing Manhole Sub-total e Sidewalks 4 ·Heavy Duty Drives (1 Parle Place, 3 Holleman) Sub-total Total For Public Utilities & Infrastructure Public Utilities Cost Est.-1 8121/01 Quantity 30 105 72 3 82 71 2 47 5 6500 3755 CJ. I ..:JC::J I 0 I J. p.c f 0.1\°' 8121/01 College StaUon, TX ACEI Project No. 2000-078 Unit Unit Cost Total L.F. $46.00 $1 360.00 :: L.F . $54 .00 $5,670.00 $7,050 .00 ' Each $2,400 .00 $2,400 .00 Each $3 ,600 .00 $3 ,600 .00 :: Each $3,400 .00 $3,400.00 $9 ,400 .00 L.F . $24.00 $1 ,726.00 Each $2,400.00 $7 ,200 .00 ;. L.F . $24.00 $1,966 .00 Each $4,000 .00 $4,000 .00 Each $14 .00 $994 .00 ~ .. Each $0 .00 $0 .00 Each $3 ,600 .00 $3 800 .00 Each $0 .00 $0 .00 t:acn ~3,ouu .uu ~/ ,bUU.UU $27.290.00 L.F . $26.00 $1 222 .00 L.F. $100 .00 $500 .00 Each $1 ,000.00 $1,000.00 $2,722.00 S.F. $2.50 $16 250 .00 ·.·. S .F. $4 .00 $15,020.00 $31,270 .00 a $77,732 .00 I ;. REVIEWED FOR Ct!~"' PL ll\N CE AUG 2 2 2001 COLLEGE SlA flGN ENGIN EERING ~ D-.... -<t [. I ! COMPLETED INSPECTION FORMS STORMWA TER POLLUTION PREVENTION PLAN FOR Aggieland Print Shop and HEB Store Texas Avenue at Park Place College Station, Brazos County, Texas Prepared for H. E. Butt Grocery Co. P.O. Box 839999 San Antonio, Texas 78283-3999 Prepared by Adams Consulting Engineers, Inc. P.O. Box 131599 Tyler, Texas 75713 903-324-8400 903-324-8450 FAX ©April 2001 PART 5 MAINTENANCE/INSPECTION PROCEDURES 5.01 Erosion and Sediment Control Maintenance and Inspection Practices A. The following is a list of erosion and sediment controls to be used on this site during construction practice . 1. Stabilization practices for this s ite include : Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed Frequent watering of excavat ion and fill areas to minimize wind eros ion during construction . Use of stabilization fabric for all slopes having a slope of 1 V:3H or greater. Permanent seeding and planting of all unpaved areas using the hydromulching grass seeding technique . 2. Structural practices for this site include : Perimeter protection using si lt fences Inlet protection and outlet protection using silt fences Storm sewer, curb and gutter Stabilized construction exit points B . The following inspection and maintenance practices will be used to maintain erosion and sediment controls . 1 . All control measures will be inspected at least bi-weekly and following any storm event of ~0 .5 inches. 2 . All measures will be maintained in good worl<ing order; if repairs are found to be necessary, they will be initiated within 24 hours of report . 3 . Built up sediment will be removed from silt fence when it has reached one-third the height of the fence. 4 . Silt fences will be inspected for depth of sediment, tears , to see if the fabric is securely attached to the fence posts , and to see that the fence posts are securely in the ground . 5 . The sediment basin , if present, will be inspected for depth of sediment, and built up sediment will be removed when it reaches 10 percent of the design capacity . 6. Temporary and permanent seeding will be inspected for bare spots, washouts, and healthy growth . ACEI/Master S1>ecification 02280 , SWPPP Revised 0.t/2001 (Aggieland Print Shot> and HEB Store, Texas Ave. at Park Place, College Station. Brazos County, Texas) 2280-9 7. A maintenance inspection report will be made after each inspection . Copies of the report fonns to be completed by the inspector are included in this SWPPP . 8. The job site superintendent will be responsible for selecting and training the individuals who will be responsible for these inspections, maintenance and repair activities, and filling out inspection and maintenance reports. 9. Personnel selected for the inspection and maintenance responsibilities will receive training from the job site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls that are used onsite in good working order. They will also be trained in the completion of, initiation of actions required by , and the filing of the inspection fonns . 5.02 Inspection and Maintenance Report Fonns Once installation of any required or optional erosion control device or measure has been implemented , bi-weekly inspections of each measure shall be perfonned by the Contractor's inspection personnel. The Inspection and Maintenance Reports found in this SWPPP (or other fonns which the Contractor desires to use that have been approved by the Engineer) shall be used by the inspectors to inventory and report the condition of each measure to assist in maintaining the erosion and sediment control measures in good working order. These report fonns shall become an integral part of the SWPPP and shall be made readily accessible to EPA inspection officials , the Civil Engineering Consultant, and the Owner for review upon request during visits to the project site . In addition , copies of the reports shall be provided to any of these persons , upon request , via mail or facsimile transmission . The following fonns shall be utilized by inspectors to report on the incremental status and condition of the control measures used on the site : ACEl/Master Specification 02280, SWPPP Revised 0.t/2001 (Aggieland Print Shot> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-10 STORMWATER POLLUTION PREVENTION PLAN SUMMARY OF EROSION AND SEDIMENT CONTROL MAINTENANCE/INSPECTION PROCEDURES 0 All control measures will be inspected at least bi-weekly and follow i ng any storm event of 0 .5 inches or greater. 0 All measures will be maintained in good work ing orde r; if a repair is necessary , it will be i nitiated within 24 hours of report . O Built-up sediment will be removed from silt fences when it has reached one-th ird the height of the fence . O Silt fences will be inspected for depth of sediment , tears , to see if the fabric is securely attached to the fence posts , and to see that the fence posts are firmly in the ground . O Sediment basins , if present, will be inspected for depth of sediment, and built-up sediment w ill be removed when it reaches 10% of the design capacity or at the end of the job. 0 Diversion dikes , if present , will be inspected and any breaches promptly repaired . O Temporary and permanent seeding and planting will be inspected for bare spots , washouts , and healthy growth . O A maintenance inspection report will be made after each inspection . A copy of the report forms to be used are included in this SWPPP . O The site job superintendent will select the individuals who will be responsible for inspections , ma intenance and repair act ivities , and filling out the inspection and maintenance reports. D Personnel selected for inspection and maintenance responsibilities will receive training from the site job superintendent. They will be trained in all the inspection and ma intenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. ACEl/Master Specification 02 280 , SWPPP Revised 0~/2001 (Aggieland Print Shotl and HEB Store, Texas Ave. at Park Place , Colle ge Station, Brazos County, Texas) 2280-11 STORMWATER POLLUTION PREVENTION PLAN CONSTRUCTION/IMPLEMENTATION CHECKLIST 1. Mainta in Records of Construction Act ivities, including : 0 Dates when major grading activ ities occur O Dates when construction activities temporarily cease on a portion of the site 0 Dates when construction activities pennanently cease on a portion of the site O Dates when stabilization measures are initiated on the site 2. Prepare Inspection Reports summarizing : 0 Name of inspector 0 Qualifications of inspector 0 Measures/areas inspected 0 Observed conditions 0 Changes necessary to the SWPPP 3. Report Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur): 0 Notify National Response Center (1-800-424-8802) immediately 0 Not ify permitting authority in writing within 14 days 0 Modify the pollution prevention plan to include : -the date of release -circumstances leading to the release -steps taken to prevent reoccurrence of the release 4. Modify Pollution Prevention Plan as necessary to : 0 Comply with the minimum permit requirements when notified by EPA that the plan does not comply 0 Address a change in design, construction operation , or maintenance which has an effect on the potential for discharge of pollutants 0 Prevent reoccurrence of reportable quantity releases of a hazardous material or oil ACEl/Master Specification 02280, SWPPP Revised O-l/2001 (A ggicland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-12 1. 0 2 . 0 3 . 0 STORMWATER POLLUTION PREVENTION PLAN FINAL STABILIZATION/TERMINATION CHECKLIST All soil disturbing activities are complete Temporary erosion and sediment control measures have been removed or will be removed at an appropriate time All areas of the construction site not otherwise covered by a pennanent pavement or structure have been stabilized with a unifonn perennial vegetative cover with a density of 70% or equivalent measures have been employed ACEI/Master Specification 02280, SWPPP Revised 0~/2001 (Aggicland Print Shop and HEB Store, Texas Ave. at Park Place, Colle ge Station, Brazos Count)', Texas) 2280-13 INSPECTION REPORT for STORM WATER POLLUTION PREVENTION PLAN Aggieland Print Shop and HEB Store Texas Ave. at Park Place, College Station, Texas SITE CONDITIONS · POLLUTANT CONTROL IN CONFORMANCE EFFECTIVE Construction Entrance YES/NO (See Below) YES/NO (See Below) Sediment Barriers YES/NO (See Below) YES/NO (See Below) Vehicle Service Area Berm YES/NO (See Below) YES/NO (See Below) Retent ion Pond YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES /NO (See Below) YES/NO (See Below) VIOLAT IO NS NOTED : (Explain each "NO " circled above) RECOMMENDED REMEDIAL ACTIONS : COMMENTS : Based on the results of the inspection , necessary control modifications shall be implemented within 7 calendar days . These reports shall be kept on file as part of the Storm Water Pollution Prevention Plan for at least three years from the date of completion and subm ission of the Notice of Termination . A copy of the SWPPP shall be kept at the site at all times during construction. Certification Statement "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted . Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information , the information submitted is , to the best of my knowledge and belief, true , accurate, and complete. I am aware that there are significant penalties for submitting false information , including the possibility of fine and imprisonment for knowing violations . Name : Address : Telephone : · -Site location : INSPECTOR : DATE :~~~~~~~~~~~~~ (Signature )~~~~~~~~~~~~~~~~~~ ACE I/Master Specification 02280, SW PPP Revised 0~/2001 (Aggielantl Print Sho1> anti HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-14 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM STABILIZATION MEASURES INSPECTOR:--------DATE : ______ _ QUALIFICATIONS OF INSPECTOR: ______________________ _ DAYS SINCE LA.ST RAINFALL: __ _ AMOUNT OF LA.ST RAINFALL _______ _ AREA DATE SINCE DATE OF NEXT STABILIZED? STABILIZED CONDITION LA.ST DISTURBANCE (YES/NO) WITH RAINFALL STABILIZATION REQUIRED : ________________________ _ TO BE PERFORMED BY :-------ON OR BEFORE------------- ACEI/Master Specification 02280, SWPPP Revised 0-'/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos Count)', Texas) 2280-15 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM CHANGES REQUIRED TO STORMWATER POLLUTION PREVENTION PLAN INSPECTOR: _______ _ DATE : _______ _ QUALIFICATIONS OF INSPECTOR: ---------------------- CHANGES REQUIRED TO THE STORMWATER POLLUTION PREVENTION PLAN:------ REASONS FOR CHANGES : ________________________ _ TO BE PERFORMED BY : _______ ON OR BEFORE :------------ ACEl/Master Specification 02280, SWPPP Revised 0-t/2001 (Aggieland Print Shot> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-16 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM RECORD OF STABILIZATION AND CONSTRUCTION ACTIVITIES A record of dates when major grading activities occur, when construction activities temporarily or pennanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained until final site stabilization is achieved and the Notice of Termination is filed. MAJOR GRADING, CONSTRUCTION, OR STABILIZATION ACTIVITIES Description of Activity ___________________________ _ Begin Date : ______ Site Contractor. -------------------- Location :--------------------------------- End Date : _______________________________ _ Description of Activity ___________________________ _ Begin Date : ______ Site Contractor. -------------------- Location :--------------------------------- End Date : ______________________________ _ Description of Activity ___________________________ _ Begin Date: ______ Site Contractor: -------------------- Location :--------------------------------- End Date : _______________________________ _ Description of Activity ___________________________ _ Begin Date : ______ Site Contractor. -------------------- Location : --------------------------------- End Date : -------------------------------- Description of Activity ___________________________ _ Begin Date: ______ Site Contractor. -------------------- Location : --------------------------------- End Date : -------------------------------- ACEJ/Master Specification 02280, SWPPP Revised 0~/2001 (Aggieland Print Sho t> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-17 ADAMS CONSULTING ENGINEERS, INC. CIVIL/ENVIRONMENTAL ENGINEERS • SURVEYORS P.O. Box 131599 Tyler, Texas 75713 Telephone: (903) 324-8400 TeleFax: (903) 324-8450 I STORMWA TER POLLUTION PREVENTION PLAN for CONSTRUCTION ACTIVITIES at Aggieland Print Shop and HEB Store Texas Avenue at Park Place College Station, Brazos County, Texas Prepared for H. E. Butt Grocery Co. P.O. Box 839999 San Antonio, Texas 78283-3999 Prepared by Adams Consulting Engineers, Inc. P.O. Box 131599 Tyler, Texas 75713 903-324-8400 903-324-8450 FAX ©April 2001 i TABLE OF CONTENTS I. STORM WATER POLLUTION PREVENTION PLAN .......................................... PAGE 1 II. OWNER AND CONTRACTOR CERTIFICATION PAGES .............................. PAGE 22 APPENDIX A ........................................................................................... Notice of Intent Form APPENDIX B ................................................................................ Notice of Termination Form APPENDIX C .................................................................................................. Inspection Forms APPENDIX D .................................... Record of Stabilization and Construction Activity Dates APPENDIX E ............................... Text of NPDES General Permit for Construction Activities APPENDIX F ...................................................... Stormwater Pollution Prevention Plan Sheet PART 1 GENERAL 1.01 SCOPE SPECIFICATION SECTION 2280 STORMWATER POLLUTION PREVENTION PLAN A . PURPOSE OF SWPPP: This SWPPP covers the stormwater management practices that the Contractor (Operator as defined in Section D, below) shall employ in accordance with the NPDES permit governing stormwater discharges during construction, and in accordance with erosion control practices specified in other sections. B. GENERAL PERMITS FOR STORMWATER DISCHARGE FROM CONSTRUCTION SITES: Regulations promulgated by the U.S. Environmental Protection Agency regulate the discharge of storm water from construction activities on sites where more than 5 acres of soil is disturbed. One of the ways to comply with these regulations for affected sites is to request coverage under the General Permit for Construction Activities for the particular state in which the site is found . In order to use the General Permit , a Notice of Intent (NOi) form must be completed and mailed to the EPA (at least 48 hours prior to any earth- disturbing activities) and a Stormwater Pollution Prevention Plan (SWPPP) for the site must be prepared and followed during the construction activities . C. NOTICE OF INTENT: The Owner has petitioned the EPA for the stormwater discharges during construction at this site to be covered by the NPDES General Permit for Construction Activity for the State of Texas . A Notice of Intent (NOi) to be covered under this permit has been filed by the Owner. The Contractor , if he meets the EPA 's definition of "Operator" (see Section D, below), is required to file a separate NOi at least forty-eight (48) hours prior to any earth disturbing activities . D. CONTRACTOR: The SWPPP must bear the signature of an authorized representative of the Contractor ("Operator": any entity with control over site specifications or control over the day-to-day site activities) certifying that he is familiar with the terms and conditions of the EPA General Permit for Construction Activities and he will comply with the requirements of the SWPPP developed for the construction site. The Contractor is responsible for ensuring that all contractors and subcontractors whose activities involve earth-disturbing activities are required to comply with the SWPPP . Some Contractors require each subcontractor whose activities involve earth-disturbing activities to sign the SWPPP and make the same certification as the Contractor. E. TERMINATION OF PERMIT COVERAGE: After construction has been completed and the site has undergone final stabilization (defined by the EPA as the point in time when all soil- disturbing activities are completed and a uniform perennial vegetative cover with density of 70% of the cover for unpaved areas has been established or equivalent measures , such as riprap or geotextiles , have been employed), and the facility no longer discharges stormwater associated with construction activities, a Notice of Termination (NOD form is required to be filed with the EPA . This filing terminates coverage under the General Permit and terminates the Contractor's responsibility to implement the SWPPP, but the requirements of the SWPPP, including bi-weekly inspections , must be continued until the NOT is filed . ACEl/Master S1>ecification 02280, SWPPP Revised 0~/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-1 F . INSPECTION REQUIREMENTS: The SWPPP is meant to be a working document and a guideline to be used on the construct i on site . It includes a schedule of regular inspection of the controls specified for use at the site , and written documentation of these inspections must be kept on file at the jobsite along with the SWPPP and made available to the EPA or any other agency with regulatory authority over stormwater issues. The requirement for written documentation of inspections is most easily met by using the inspection forms which have been prepared and included in the SWPPP manual. Inspections are required at least bi-weekly (at least once every 14 days) and within 24 hours following a rainfall event of more than 0.5 inches . G. SWPPP MODIFICATIONS: The SWPPP is also meant to be a dynamic working guide that is to be kept current and amended whenever the design , construction , operation , or maintenance of the site changes i n a way which significantly affects the potential for the discharge of pollutants or when the plan proves to be ineffective in eliminating or significantly minimizing pollutant discharges . The SWPPP must also be amended to identify any new contractor and/or subcontractor that will implement a measure of the SWPPP. Notification of any modifications to or amendments of the SWPPP must be made in writing to both the Owner and the Engineer within 7 days of the date such modification or amendment is made . H . RESPONSIBILITIES OF CONTRACTOR REGARDING THE GENERAL PERMIT: The Contractor shall manage the discharge of stormwater from the site in accordance with the NPDES permit and the following provisions of this section of the specifications . The Contractor shall be responsible for conducting the stormwater management practices in accordance with the permit. The Contractor shall be responsible for any enforcement action taken or imposed by Federal or State agencies , including the cost of fines , construction delays, and remedial actions resulting from the Contractor's failure to comply with the permit prov isi ons . I. RESPONSIBILITIES OF CONTRACTOR TO OWNER: The Contractor shall monitor the suitability of the designated management practices to achieve the stormwater quality provisions of the permit , and shall notify the Owner of the need to change management practices. If changes are ordered by the Owner, an adjustment in Contractor's fee shall be considered i n accordance with the General Conditions . However, the Contractor's failure to monitor or report deficiencies to the Owner will result in the Contractor being liable for fines and construction delays resulting from any Federal or State agency enforcement action . ACEl/Master Specification 02280, SWPPP Revised 0-'/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place , Colle ge Station, Brazos Count~·, Texas) 2280-2 PART 2 SITE DESCRIPTION 2 .01 PROJECT NAME AND LOCATION Aggieland Print Shop and HEB Store Texas Ave. at Park Place College Station, Brazos County, Texas 77840 Latitude 30 ° 36' 05 '', Longitude 96 ° 19 ' 04 " 2.02 OWNERS NAME AND ADDRESS H. E. Butt Grocery Co . P.O . Box 839999 San Antonio , Texas 78283-3999 210-938-8000 2.03 DESCRIPTION This project will consist of clearing land and constructing retail buildings with associated utilities, drives , and parking areas . The estimated time for completion of the construction project is 365 calendar days. Soil disturbing activities will include : A . Construction of temporary construction exit points B. Clearing and grubbing C . Installation of storm sewer pipes and inlets D. Construction of an underground stormwater detention system E. Construction of utilities F . Construction of curb and gutter, drives , and parking areas G . Final grading 2 .04 RUNOFF COEFFICIENT , SOILS , AND RAINFALL INFORMATION The initial coefficient of runoff for the pre-construction site is "c" = 0.3. The post-construction coefficient of runoff for the site will be "c" = 0.90 (calculation of weighted "c" is shown below). The site is 8.3 acres of which 8.3 acres will be disturbed by construction activities. Calculation of "c" value for post-construction site : c = (O .OA • 0.30 + 8.3A • 0.90) I 8.3 A= 0.90 The site has soils , which are described by in the Geotechnical Engineering Report prepared by Drash Consulting Engineers , Inc., as sandy clay ; brown ; firm to stiff. The site is in Brazos County, which receives an average of 38" rainfall annually with the highest amounts of rainfall received in the months of April , May , and September. 2.05 NAME OF RECEIVING WATERS The site will drain into the City of College Station MS4 , which is in the watershed of the Brazos River. ACEl/Master Specification 02280, SWPPP Revised 0~/2001 (Aggieland Print Sho1> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-3 2.06 INDIAN COUNTRY LANDS The site is not located on Indian lands . 2.07 ENDANGERED OR THREATENED SPECIES Two birds, the Whooping Crane and the Bald Eagle are listed by the U.S. Fish and Wildlife Service as possibly being present in Brazos County . Since the site is adjoined by two major streets and residential and commercial development within the city limits of College Station and the known requirement for large bodies of water for these species , it is highly unlikely that this site is a critical habitat for these two birds . 2.08 HISTORIC PLACES The site is not located near any of the sites listed on the National Register of Historic Places for Brazos County , Texas . PART 3 CONTROLS 3.01 EROSION AND SEDIMENT CONTROLS 3.01 .1 Stabilization Practices Stabilization practices for this site include : A . Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed B. Frequent watering of excavation and fill areas to minimize wind erosion during construction. C. Use of stabilization fabric for all slopes having a slope of 1 V:3H or greater. D. Permanent seeding and planting of all unpaved areas using the hydromulching grass seeding technique. 3.01.2 Structural Practices Structural practices for this site include : A. Inlet protection and outlet protection using silt fences B. Perimeter protection using silt fences C. Stabilized construction exit points and 30 ,000 S.F. laydown area D. Storm sewer, curb and gutter ACEl/Master Specification 02280 , SWPPP Revised 0-t/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-4 E. A temporary sediment basin will not be used at this site due to space restrictions ; however, equivalent controls with perimeter silt fencing will be implemented. 3 .01 .3 Sequence of Major Activities The Contractor will be responsible for implementing the following erosion control and stormwater management control structures . The Contractor may designate these tasks to certain subcontractors as he sees fit, but the ultimate responsibility for implementing these controls and ensuring their proper functioning remains with the general contractor. The order of activities will be as follows (refer to Stormwater Pollution Prevention Plan Sheet contained in this SWPPP for details): A . Construct temporary construction exits at locations shown on the SWPPP plan sheet. 8 . Install perimeter silt fences in the locations shown on the SWPPP plan sheet. C . Begin clearing and grubbing operations . Clearing and grubbing shall be done only in areas where earthwork will be performed and only in areas where building is planned to commence within 14 days after clearing and grubbing . D . Frequent watering of the excavation and fill areas shall be done to minimize wind erosion . E . Commence site grading . F. Disturbed areas of the site where construction activity has ceased for more than 14 days shall be temporarily seeded and watered . G . Install protective silt fences at the locations of all grate inlets , curb inlets , and at the ends of all exposed storm sewer pipes. H . Install underground utilities and underground stormwater detention system , and finalize pavement subgrade preparation. I. Construct all curb and gutter, gutter inlets, area inlets, and storm sewer manholes, as shown on the plans . Inlet protection silt fences may be removed temporarily for this construction . Place required riprap at locations shown on the plans. J . Remove silt fences around inlets and manholes no more than 48 hours prior to placing stabilized base course . K. Install base material as required for pavement. L. Carry out final grading and seeding and planting M. Remove silt fencing only after all paving is complete and exposed surfaces are stabilized . ACEI/Master Specification 02280, SWPPP Revised (U/2001 (Aggicland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-5 N . Remove temporary construction exits only prior to pavement construction in these areas (These areas are to be paved last). 3.01.4 Stormwater Management The site will drain into the City of College Station MS4 , which is in the watershed of the Brazos River . 3.02 OTHER CONTROLS 3.02 .1 Waste Disposal All waste materials will be collected and stored in a securely lidded metal dumpster rented from a local waste management company which must be a solid waste management company licensed to do business in the State of Texas and the City of College Station . The dumpster will comply with all local and state solid waste management regulations . All trash and construction debris from the site will be deposited in the dumpster. The dumpster will be emptied a minimum of twice per week or more often if necessary , and the trash will be hauled to a landfill approved by the State of Texas and the City of College Station. No construction waste materials will be buried on site. All personnel will be instructed regarding the correct procedures for waste disposal. Notices stating these practices will be posted in the job site construction office trailer , and the job site superintendent will be responsible for seeing that these procedures are followed . 3 .02.2 Sanitary Waste All sanitary waste will be collected from the portable units a minimum of three times per week by a licensed portable facility provider in complete compliance with local and state regulations . 3 .02 .3 Off-Site Vehicle Tracking A stabilized construction exit will be provided to help reduce vehicle tracking of sediments. The paved streets adjacent to the site entrance will be inspected dairy and swept as necessary to remove any excess mud , dirt, or rock tracked from the site . Dump trucks hauling material from the construction site will be covered with a tarpaulin . The job site superintendent will be responsible for seeing that these procedures are followed . 3.02.4 Concrete Waste From Concrete Trucks A. Emptying of excess concrete and /or washout from concrete delivery trucks will be allowed on the job site , but only in either specifically designated diked areas which have been prepared to prevent contact between the concrete and/or washout and stormwater which will be discharged from the site or in locations where waste concrete can be poured into forms to make riprap or other useful concrete products . ACEl/Master Specification 02280 , SWPPP Revised 0~/2001 (A ggicland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-6 B. The hardened residue from the concrete washout diked areas will be disposed of in accordance with the procedures given in the Spill Prevention Control and Countermeasures (SPCC) Plan and in accordance with applicable state and federal regulations . The job site superintendent will be responsible for seeing that these procedures are followed . 3.02 .5 Hazardous Substances and Hazardous Waste A . All hazardous waste materials will be disposed of in the manner specified by local, state , and/or federal regulations and by the manufacturer of such products. Site personnel will be instructed in these practices by the job site superintendent , who will also be responsible for seeing that these practices are followed . Material Safety Data Sheets (MSDS's) for each substance with hazardous properties that is used on the job site will be obtained and used for the proper management of potential wastes that may result from these products . An MSDS will be posted in the immediate area where such product is stored and/or used and another copy of each MSDS will be maintained in the SWPPP file at the job site construction trailer office . Each employee who must handle a substance with hazardous properties will be instructed on the use of MSDS sheets and the specific information in the applicable MSDS for the product he/she is using , particularly regarding spill control techniques . B. The contractor will implement the Spill Prevention Control and Countermeasures (SPCC) Plan found within this SWPPP and will train all personnel in the proper cleanup and handling of spilled materials . No spilled hazardous materials or hazardous wastes will be allowed to come in contact with stormwater discharges . If such contact occurs , the stormwater discharge will be contained on site until appropriate measures in compliance with state and federal regulations are taken to dispose of such contaminated stormwater. It shall be the responsibility of the job site superintendent to property train all personnel in the use of the SPCC plan . C. Any spills of hazardous materials which are in quantities in excess of Reportable Quantities as defined by EPA regulations shall be immediately reported to the EPA National Response Center 1-800-424-8802. D. In order to minimize the potential for a spill of hazardous materials to come into contact with stormwater, the following steps will be implemented : 1. All materials with hazardous properties (such as pesticides , petroleum products , fertilizers , detergents , construction chemicals, acids , paints , paint solvents , cleaning solvents , additives for soil stabilization, concrete curing compounds and additives, etc.) will be stored in a secure location , under cover , when not in use . 2. The minimum practical quantity of all such materials will be kept on the job site . 3 . A spill control and containment kit (containing , for example , absorbent such as kitty litter or sawdust , ac id neutralizing powder, ACEI/Master Specification 02280, SWPPP Revised 0-1 /2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, Colle ge Station, Brazos Count~', Texa s) 2280-7 brooms , dust pans , mops , rags , gloves, goggles, plastic and metal trash containers . etc.) will be provided at the storage site . 4. All of the product in a container will be used before the container is disposed of. All such containers will be triple-rinsed with water prior to disposal. The rinse water used in these containers will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with stormwater discharges. 5. All products will be stored in and used from the original container with the original product label. 6. All products will be used in strict compliance with instructions on the product label. 7 . The disposal of excess or used products will be in strict compliance with instructions on the product label. 3 .02 .6 Contaminated Soils A . Any contaminated soils (resulting from spills of materials with hazardous properties) which may result from construction activities will be contained and cleaned up immediately in accordance with the procedures given in the Spill Prevention Control and Countermeasures (SPCC) Plan and in accordance with applicable state and federal regulations. B. The job site superintendent will be responsible for seeing that these procedures are followed . PART 4 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REGULATIONS The contractor will obtain copies of any and all local and state regulations which are applicable to stormwater management and pollution minimization at this job site and will comply fully with such regulations . The contractor will submit written evidence of such compliance if requested by the Owner or any agent of a regulatory body . The contractor will comply with all conditions of the NPDES General Permit for Construction Activities, including the conditions related to maintaining the SWPPP and evidence of compliance with the SWPPP at the job site and allowing regulatory personnel access to the job site and to records in order to determine compliance. ACEI/Master Specification 02280, SWPPP Revised IU/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos Count~', Texas) 2280-8 PART 5 MAINTENANCE/INSPECTION PROCEDURES 5 .01 Erosion and Sediment Control Maintenance and Inspection Practices A . The following is a list of erosion and sediment controls to be used on this site during construction practice. 1. Stabilization practices for this site include: Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed Frequent watering of excavation and fill areas to minimize wind erosion during construction . Use of stabilization fabric for all slopes having a slope of 1 V :3H or greater. Permanent seeding and planting of all unpaved areas using the hydromulching grass seeding technique. 2 . Structural practices for this site include : Perimeter protection using silt fences Inlet protection and outlet protection using silt fences Storm sewer, curb and gutter Stabilized construction exit points B . The following inspection and maintenance practices will be used to maintain erosion and sediment controls . 1. All control measures will be inspected at least bi-weekly and following any storm event of ;::0 .5 inches . 2 . All measures will be maintained in good working order; if repairs are found to be necessary , they will be initiated within 24 hours of report . 3. Built up sediment will be removed from silt fence when it has reached one-third the height of the fence . 4 . Silt fences will be inspected for depth of sediment , tears , to see if the fabric is securely attached to the fence posts , and to see that the fence posts are securely in the ground. 5. The sediment basin , if present, will be inspected for depth of sediment, and built up sediment will be removed when it reaches 10 percent of the design capacity . 6 . Temporary and permanent seeding will be inspected for bare spots, washouts, and healthy growth . ACEl/Master Specification 02280, SWPPP Revised 0-'12001 (Aggieland Print Sho1> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-9 7 . A maintenance inspection report will be made after each inspection . Copies of the report forms to be completed by the inspector are included in this SWPPP . 8. The job site superintendent will be respons ible for selecting and training the individuals who will be responsible for these inspections , maintenance and repair activities , and filling out inspection and maintenance reports . 9. Personnel selected for the i nspection and maintenance responsibilities will receive training from the job site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls that are used onsite in good working order. They will also be trained in the completion of, initiation of actions required by , and the filing of the inspection forms . 5.02 Inspection and Maintenance Report Forms Once installation of any required or optional erosion control device or measure has been implemented, bi-weekly inspections of each measure shall be performed by the Contractor's inspection personnel. The Inspection and Maintenance Reports found in this SWPPP (or other forms wh ich the Contractor desires to use that have been approved by the Engineer) shall be used by the inspectors to inventory and report the condition of each measure to assist in maintaining the erosion and sediment control measures in good working order. These report forms shall become an integral part of the SWPPP and shall be made readily accessib le to EPA i nspection officials , the Civil Engineering Consultant , and the Owner for rev iew upon request durin g v isits to the project site . In addition , copies of the reports shall be provided to any of these persons , upon request , via mail or facsimile transmission . The following forms shall be utilized by inspectors to report on the incremental status and condition of the control measures used on the site : · ACEl/Master S1lecification 02280, SWPPP Re vised 0.t/2001 (Aggieland Print Sholl and HEB Store, Texas Av e. at Park Place, Colle ge Station , Brazos County, Texas) 2280-10 STORMWATER POLLUTION PREVENTION PLAN SUMMARY OF EROSION AND SEDIMENT CONTROL MAINTENANCE/INSPECTION PROCEDURES 0 All control measures will be inspected at least bi-weekly and following any storm event of 0 .5 inches or greater. O All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report. 0 Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence . 0 Silt fences will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. 0 Sediment basins, if present, will be inspected for depth of sediment, and built-up sediment will be removed when it reaches 10% of the design capacity or at the end of the job. 0 Diversion dikes , if present , will be inspected and any breaches promptly repaired. 0 Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth . O A maintenance inspection report will be made after each inspection . A copy of the report forms to be used are included in this SWPPP . 0 The site job superintendent will select the individuals who will be responsible for inspections , maintenance and repair activities, and filling out the inspection and maintenance reports . O Personnel selected for inspection and maintenance responsibilities will receive training from the site job superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. ACEI/Master Specification 02280, SWPPP Revised 0.t/2001 (Aggie land Print Shor> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-11 STORMWATER POLLUTION PREVENTION PLAN CONSTRUCTION/IMPLEMENTATION CHECKLIST 1. Maintain Records of Construction Activities, including: 0 Dates when major grading activities occur 0 Dates when construction activities temporarily cease on a portion of the site D Dates when construction activities permanently cease on a portion of the site 0 Dates when stabilization measures are initiated on the site 2. Prepare Inspection Reports summarizing : D Name of inspector 0 Qualifications of inspector 0 Measures/areas inspected 0 Observed conditions 0 Changes necessary to the SWPPP 3. Report Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur): D Notify National Response Center (1-800-424-8802) immediately 0 Notify permitting authority in writ ing within 14 days 0 Modify the pollution prevention plan to include : -the date of release -circumstances leading to the release -steps taken to prevent reoccurrence of the release 4 . Modify Pollution Prevention Plan as necessary to : 0 Comply with the minimum permit requirements when notified by EPA that the plan does not comply 0 Address a change in design, construction operation , or maintenance which has an effect on the potential for discharge of pollutants 0 Prevent reoccurrence of reportable quantity releases of a hazardous material or oil ACEl/Mastcr S1lecitication 02280, SWPPP Revised 0~/2001 (AggiclancJ Print Sholl ancJ HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-12 1. 0 2 . 0 3 . 0 STORMWATER POLLUTION PREVENTION PLAN FINAL STABILIZATION/TERMINATION CHECKLIST All soil disturbing activities are complete Temporary erosion and sediment control measures have been removed or will be removed at an appropriate time All areas of the construction site not otherwise covered by a pennanent pavement or structure have been stabilized with a unifonn perennial vegetative cover with a density of 70% or equivalent measures have been employed ACEI/Master Specification 02280 , SWPPP Revised 0~/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-13 INSPECTION REPORT for STORM WATER POLLUTION PREVENTION PLAN Aggieland Print Shop and HEB Store Texas Ave. at Park Place, College Station, Texas SITE CONDITIONS · POLLUTANT CONTROL IN CONFORMANCE EFFECTIVE Construction Entrance YES/NO (See Below) YES/NO (See Below) Sed ime nt Barriers YES/NO (See Below) YES/NO (See Below) Veh icle Service Area Berm YES/NO (See Below) YES/NO (See Below) Retent ion Pond YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) YES/NO (See Below) VIOLAT IONS NOTED : (Explain each "NO " circled above) RECOMMENDED REMEDIAL ACTIONS : COMMENTS : Based on the results of the inspection , necessary control modifications shall be implemented within 7 calendar days . These reports shall be kept on file as part of the Storm Water Pollution Prevention Plan for at lea st three years from the date of completion and submission of the Notice of Termination . A copy of the SWPPP shall be kept at the site at all times during construction . Certification Statement "I cert ify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted . Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information, the information submitted is , to the best of my knowledge and belief, true , accurate , and complete . I am aware that there are significant penalties for submitting false information , including the possibility of fine and imprisonment for knowing violations . Name : Address : Telephone : Site location : INSPECTOR : DATE :~~~~~~~~~~~~~ (Signature )~~~~~~~~~~~~~~~~~~ ACE I/Master S11ccification 02280, SWPPP Rc,•iscd 0~/2001 (Aggicland Print Sho1> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-14 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM STABILIZATION MEASURES INSPECTOR:--------DATE : _______ _ QUALIFICATIONS OF INSPECTOR: ______________________ _ DAYS SINCE LAST RAINFALL: __ _ AMOUNT OF LAST RAINFALL -------- AREA DATE SINCE DATE OF NEXT STABILIZED? STABILIZED CONDITION LAST DISTURBANCE (YES/NO) WITH RAINFALL STABILIZATION REQUIRED : _______________________ _ TO BE PERFORMED BY :-------ON OR BEFORE------------- ACE I/Master Specification 02280 , SWPPP Revised 04/2001 (Aggieland Print Sho1> and HEB Store, Texa s Ave. at Park Place, College Station , Brazos County, Texas) 2280-15 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM CHANGES REQUIRED TO STORMWATER POLLUTION PREVENTION PLAN INSPECTOR:--------DATE : _______ _ QUALIFICATIONS OF INSPECTOR: ---------------------- CHANGES REQUIRED TO THE STORMWATER POLLUTION PREVENTION PLAN :------- REASONS FOR CHANGES : _________________________ _ TO BE PERFORMED BY :-------ON OR BEFORE :------------ ACE I/Master Specification 02280, SWPPP Revised 0~/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-16 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM RECORD OF STABILIZATION AND CONSTRUCTION ACTIVITIES A record of dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site , and when stabilization measures are initiated shall be ma intaine d until final site stabilization is achieved and the Notice of Termination is filed . MAJOR GRADING, CONSTRUCTION, OR STABILIZATION ACTIVITIES Description of Activity __________________________ _ Begin Date : _____ Site Contractor:------------------- Location :------------------------------- End Date : ______________________________ _ Description of Activ ity __________________________ _ Beg in Date : _____ Site Contractor:------------------- Locat ion :------------------------------- End Date : ______________________________ _ Descriptio n of Activity __________________________ _ Begin Date: _____ Site Contractor:------------------- Location :------------------------------- End Date: ______________________________ _ Descript ion of Activity __________________________ _ Begin Date : _____ Site Contractor:------------------- Location :------------------------------- End Date : ------------------------------- Description of Activity __________________________ _ Begin Date : _____ Site Contractor:------------------- Location : ------------------------------- End Date : ------------------------------- ACE I/Master Specification 02280, SWPPP Revised o.i/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-17 SZE Of ROCX " Slllil.LER LBS. B't' IEDIT 200 100 50 .35-65 J 0 1) GRAQ4TIOH OF ROCK SIZE Of ROQ( s 9IM1ER t.BS:. Bl' IBHT 200 100 50 35-6!1 J 0 2) THE ENTRANCE SHALL BE /JNNTNHfD TO PR£VENT TRACKHG OR FLOWING OF SEDIEN1' ONTO PUBUC RfGHT--OF-WAY. THIS "4Y REOUIRE DRESSING Wf1H AODITIOHAL STONf AND REPAIR AND/OR CWIKJUT OF Nf( lilEASURES USED J) wtEH NECESSNrf, WHEELS SIW.L BE cw.NED TO RaKJ'.£ SEDllJEHT PRIOR TO ENrRANC£ INTO PUBLJC RIGHT--OF-WAY. WASHM> SHAU. BE DONE ON NI ARfJ. srNJUZED WITH CRUSHED STOHf WHICH DRAINS INTO ~ N'PR<NfD SEDIENT' CDNTROWNG smtJCTUR£ USE: SAND IMGS, GRA\£., BOMDS OR 07HER APPROVfD IETHOOS TO PREVF:Nr SEDllJ£NT FROIJ £NTER1NC Nff STORIJ DRMI, DITCH, OR 4) ALL S£DllJENT SPIUED. DROPPED, WASHED OR TRACKED ONTO PUBUC RJCHT-oF-WAY IJIJST BE REMOVED lllUEDIATEJ.Y. TEMPORARY CONSTRUCTION EXIT STrn. POST OR 4•10 (WOOD POST DRtVE:N 78" \ INTO GROUND WIRE FD/CE SID'S FOR CONSfR!JC110tl: FILTER FABRIC (TREYIRA 57 120 OR APPR<NfD EQUAL) 1) DRIVE POST 18" INTO GROUND AND EXCAVA1r A 6"x6" TR£NCH UPHIU. ALONG THE LJH£ OF POST. 2) ATTACH WIRE F'fNCE TO TH£ POST AND EXTEND BOTTOl.I OF FD/CE 6" INTO TH£ EXCAVATED TRDICH. J) ATTACH THE FILTER FNJR/C TO TH£ WIRE FENCE AND EXTEND THE 90TTOM . OF THE: FABRIC 6" INTO TH£ TRDICH. 4) BACKFILL THE TRENCH wrTH SOIL de COMPACT OR PW:[ WASHED STONf TO TH£ HCJGHT OF 6~ ABOVE GROUND L£VEI... BOTTOM OF ffNC[ MUST B£ ANCHORED SO THAT RUHOFF' IS FORCED THROUGH THF: FENCF: AND CAN NOT GO UNDER ff. 1) JHSPEC:TIOH OF FENCES SHALL BE FREQUENT AND RCPAIR OR REPt.ACEJIENT lilAD£ PROllPT!.Y AS HEEDED. 2) ACCUMULATED SILT SHALL Bf REMOVED WHEN IT REACHES A DEPTH OF 6" AND DfSPOSED OF PfR OWNER / ENGINEER OR CfTY OF RANCHO CU~ ENGINEER/HG/ BUILDING IHSPro'ORS. SILT FENCE AmMI Cata•:IWD &.. a INc. alll./ BMO.afl'AL S«il&A8 --------~---·1111111.._, PART 6 SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN 6 .01 MATERIALS COVERED The following materials or substances with known hazardous properties are expected to be present onsite during construction : Concrete Detergents Paints Paint solvents Fertilizers Cleaning solvents Petroleum based products Pesticides Acids Concrete additives Soil stabilization additives 6.02 MATERIAL MANAGEMENT PRACTICES The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storrnwater runoff. 6 .02 .1 Good Housekeeping The following good housekeeping practices will be followed onsite during the construction project. A. An effort will be made to store only enough product required to do the job. B . All materials stored onsite will be stored in a neat , orderly manner and , if possible, under a roof or other enclosure . C . Products will be kept in their original containers with the original manufacturer's label in legible condition . D . Substances will not be mixed with one another unless recommended by the manufacturer. E. Whenever possible , all of a product will be used up before disposing of the container. F . Manufacturer's recommendations for proper use and disposal will be followed . G . The job site superintendent will be responsible for daily inspections to ensure proper use and disposal of materials . 6 .02.2 Hazardous Products These practices will be used to reduce the risks associated with hazardous materials . A. Products will be kept in original containers with the original labels in legible condition . B . Original labels and material safety data sheets (MSDS's) will be procured and used for each material. ACEI/Master St>ecification 02280, SWPPP Revised O.t/2001 (Aggieland P1int Shot> and HEB Store, Texas Ave. at Park Place, College Station, Brazos Count~·, Texas) 2280-18 C . If surplus product must be disposed of, manufacturer's or local/state/federa l recommended methods for proper disposal will be followed . D. A spill control and containment kit (containing , for example , absorbent such as kitty litter or sawdust. acid neutralizing powder, brooms , dust pans , mops , rags , gloves , goggles, plastic and metal trash containers , etc.) will be provided at the storage site . E. All of the product in a container will be used before the container is disposed of. All such containers will be triple-rinsed with water prior to disposal. The rinse water used in these containers will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with stormwater discharges . 6 .02 .3 Product Specific Practices The following product specific pract ices will be followed on t he job site . A . Petroleum Products All onsite veh icles will be monitored for leaks and receive regular preventative maintenance to reduce the chance of leakage . Petroleum products will be stored in tightly sealed containers which are clearly labeled . Any petroleum storage tanks used onsite will have a dike or berm containment structure constructed around it to contain any spills which may occur. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. B. Fertilizers Fert ilizers will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked in the soil to lim it exposure to stormwater. Storage will be in a covered shed . The contents of any partially used bags of fertilizer will be transferred t o a sealable plastic bin to avoid spills . C . Paints , Paint Solvents , and Cleaning So lvents All containers w ill be tightly sealed and stored when not in use . Excess paint and solvents will not be discharged to the storm sewer system but will be properly disposed of according to manufacturer's instructions or state and federal regulations . D . Concrete T rucks Concrete trucks w ill be allowed to wash out or discharge surplus concrete or drum wash water on the site , but only in either specifically designated diked areas which have been prepared to prevent contact between .the concrete and/or washout and stormwater which will be discharged from the site or in locat ions where waste concrete can be poured into forms to make riprap or other usefu l concrete products . ACEI/Ma ster S pecification 02280 , SWPPP Re vised O.t /2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station , Brazos C ounty, Texa s) 2280-19 The hardened residue from the concrete washout diked areas will be disposed of in the same manner as other non-hazardous construction waste materials or may be broken up and used on site as deemed appropriate by the Contractor. The job site superintendent will be responsible for seeing that these procedures are followed . 6 .02 .4 Spill Prevention Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this plan , the following practices will be followed for spill prevention and cleanup . A . Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be trained regarding these procedures and the location of the information and cleanup supplies . B. Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite in spill control and containment kit (containing , for example , absorbent such as kitty litter or sawdust , acid neutralizing powder, brooms , dust pans , mops , rags , gloves , goggles , plastic and metal trash containers , etc .). C. All spills will be cleaned up immediately after discovery . D. The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with the hazardous substances . E . Spills of toxic or hazardous materials will be reported to the appropriate federal , state , and/or local government agency , regardless of the size of the spill. spills of amounts that exceed Reportable Quantities of certain substances specifically mentioned in federal regulations (40 CFR 302 list and oil) will be immediately reported to the EPA National Response Center , telephone 1-800-424-8802. Reportable Quantities of some substances which may be used at the job site are as follows : oil -appearance of a film or sheen on water pesticides -usually 1 lb . acids -5000 lb . solvents , flammable -100 lb . F. The SPCC plan will be adjusted to include measures to prevent this type of spill from recurring and how to clean up the spill if there is another one . A description of the sp ill , what caused it , and the cleanup measures will also be included . If the spill exceeds a Reportable Quantity, all federal regulations regarding reports of the incident will be complied with . G . The job site superintendent will be the spill prevention and cleanup coordinator. He will designate the individuals who will receive spill prevention and cleanup training . These individuals will each become responsible for a particular phase of prevention and cleanup . The names ACEI/Master Specification 02280 , SWPPP Revised O.t/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, Colle ge Station, Brazos County, Texas ) 2280-20 of these personnel will be posted in the material storage area and in the office trailer onsite . · PART 7CONTROL OF ALLOWABLE NON-STORMWATER DISCHARGES Certain types of discharges are allowable under the NPDES General Permit for Construction Activity , and it is the intent of this SWPPP to allow such discharges. These types of discharges will be allowed under the conditions that no pollutants will be allowed to come in contact with the water prior to or after its discharge . The control measures which have been outlined previously in this SWPPP will be strictly followed to ensure that no contamination of these non-stormwater discharges takes place. The following allowable non-stormwater discharges which may occur from the job site include : A . Discharges from firefighting activities B. Fire hydrant flushings (See Note below) C . Waters used to wash vehicles or control dust in order to minimize offsite sediment track ing D. Potable water sources such as wateriine flushings , irrigation drainage from watering vegetation , routine exterior building washdown (without detergents present) (See Note below) E . Pavement washwaters where spills or leaks of hazardous materials have not occurred or detergents have not been used F . Springs and other uncontaminated groundwater, including dewatering ground water infiltration G . Foundation or footing drains where no contamination with process materials such as solvents is present NOTE : Contractor shall neutralize any super-chlorinated water from water distribution pipes before releasing it into the environment. Neutralization techniques are available from the Engineer. PART 8 CERTIFICATION AND NOTIFICATION The EPA requires that certifications of knowledge of the contents of this SWPPP and agreement to follow the SWPPP be made by the Owner and the Contractor. The terms making them co-permittees and acknowledging their responsibility for certain operational aspects of the plan . These certifications should be signed before the contractor begins activities and should be filed with the site's SWPPP at the jobsite . These certifications are given on the following pages . ACEI/Master Specification 02280 , SW PPP Revised O-t/2001 (Aggieland Print Shop and HEB Store, Texas Ave . at Park Place, College Station, Brazos County, Texas) 2280-21 Apr -27-01 08:52A Construction Site Agqialand Print Shop & HEB Store. College Station. Texas STORMWATER POLLUTION PREVENTION PLAN DATED April. Z001 OWNER CERTIFICATION : "I certify under penalty or law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gathered and evaluated the information submitted . Based on my inquiry of the person or persons who manage the system . or those persons diredly responsible for gatheling the information. the information submitted is , to the best of my knowledge and belief, true , accurate, and complete . I am aware 1hat there are significant penalties for subm itting false information . inciuding the possibility of fine and imp•~~' ~o;t:•::ns · Signed: ____ ~----------- Printed Name ~r~1t. k A · ~r.....w:.~ Posit ion --~----'"'_l.h--'-~--r-~--~--~-- Date ____ A_.rti'-'tuL_· -··-z,_;_,.,_7-_·ct>--'-/ __ _ ACEI/Naster Specification 02280, SWPPP Revised 4/2001 (Aqgieland Print Shop and HEB Stora, Colleqe Station, Texas) 2280-22 P .01 Construction Site Aggieland Print Shop and HEB Store. College Station. Texas STORMWATER POLLUTION PREVENTION PLAN DATED April 2001 CONTRACTOR'S CERTIFICATION : "I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the stormwater discharges associated with industrial activity from the construction site identified as part of this certification . Further, by my signature . I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the general NPDES stormwater permit for the stormwater discharges associated with industrial activity from the identified site . As a co-permittee. I understand that I, and my company, are legally required under the Clean Water Act , to ensure compliance with the terms and conditions of the Stormwater Pollution Prevention Plan (SWPPP) developed under the NPDES stormwater permit and the terms of the NPDES stormwater permit." Signature : Company Name : ACEl/Master Specification 02280, SWPPP Revised 04/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos Count~', Texas) 2280-23 .. , ·36516 THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-98) Form Approved. OMB No. 2040-0188 See Reverse for Instructions United States Environmental Protection Agency · Washington, DC 20460 NPDES FORM &EPA Notice of Intent (NOi) for Storm Water Discharges Associated with CONSTRUCTION ACTIVITY Under a NPDES General Permit Submission of this Notice of Intent constitutes notice that the party identified in Section I of this form intends to be authorized by a NPDES permit issued for sto water discharges associated with construction activity in the State/Indian Counlly Land identified in Section II of this form. Submission of this Notice of Intent als constitutes notice that the party identified in Section I of this form meets the eligibility requirements in Part LB . of the general permit (including those related I protection of endangered species determined through the procedures in Addendum A of the general permit), understands that continued authorization to discharge i contingent on maintaining permit eligibility, and that implementation of the Storm Water Pollution Prevention Plan required under Plirt IV of the general permit w ill begin at the time the permittee commences work on the construction project identified in Section II below. IN ORDER TO OBTAIN AUTHORIZATION . AL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM . SEE INSTRUCTIONS ON BACK OF FORM . I. Owner/Operator (Applicant) Information Name: l 8 1EI IBIUITITI IGIRIOICIEIRIYI ICIOI I I I I I I I I I I I I I I Phone : 12111019l3IBIBIOIOIOI Address : IPl 0 1 1s1o1x1 1813191919191 I I I I I I I I I I I I I I I I I I I I I I I Status of Owner/Operator. [!] City: ISIAINI IAINITIOINIIIOI I I I I I I I I I I I I I I I State: ITIXI ZipCode: II. Project/Site Information Is the facility localed on Indian Country Lands? ProjectName: IAIGIGI 'IEILIAINIDI IPIRIIINITI ISIHIOIPI l'I IHIEIBI ISITIOIRIEI YesO No[:] ProjectAddress/Location: ITIEIXIAISI IAIVIEI l@I IPIAIRIKI IPILIAICIEI I I I I I I I I I I I I I I City : ICIOILILIEIGIEI l 5 1TIAITIIIOINI I I I I I I I I I I I State : ITIXI ZipCode: 1717181 4 101 I I I I I Latitude: j310131610151 Longitude : I 1916111910141 County: IBIRIAIZIOISI I 11 I I I I I I I I Has the Storm Water Pollution Prevention Plan (SWPPP) been prepared? Optional : Address of location of SWPPP for viewing 0Address in Section I above Yes[:] [:]Address in Section II above oother address (if known) below : Phone: SWPPP Address : I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11111111111 City: I I I I I I I I I I I I I I I I I I I I I I I I I I I State : w Zip Code: I I I I I I ·I I I I I NameofReceivingWater. ICIIITIYI IOIFI ICIOILILIEIGIEI ISITIAITIIIOINI IMISl41 I I I 1°1 4 13 1°1 2 1°1°1 1 1 IOl413l012IOl0121 Manin Day y--.ar Day YN£ Estimaled Construction Start Date Estimated Completion Date Estimate of area to be disturbed (to nearest acre): I I I I I 181 Estimate of Likelihood of Discharge (choose only one): 1.ounuke1y 2. oonce per month Ill. Certification 3 .~0nce per week 4.oance per day 5.0Continual a on mstructJon prov1 en um o I e permit, are there any listed endangered or threatened species. or des ignated critical habitat in the project area? vesO No~ I have satisfied permit eligibility with regard to protection of endangered species through the indicated section of Part l.B .3.e.(2) of the permit (check one or more boxes): (a)~ 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 property gather and evaluate the information submit1ed . Based on my inquiry of the person or persons who manage this system , irectly respo(lsible for gathering the information, the information submit1ed is, to the best of my knowledge and belief, true, accurate, and re that there are significant penalties for submitting false information, induding the possibility of fine and i'"!"prisonment for knowing violations. Date: ~ I lft2.tz I ol JI '- 36516 Federal Register I Vol. No. 128/Monday, July 6, 1998 I Notices THIS FORM REPLACES PREVIOUS FORM 3510-6 (8-98) Form Approved. OMB No. 20~188 See Reverse for Instructions &EPA Unrrea States Environmental Protection Agency NPDES Washington, DC 20460 FORM Notice of Intent (NOi) for Storm Water Discharges Associated with CONSTRUCTION ACTIVITY Under a NPDES General Permit Submission of this Notice of Intent constitutes notice that the party identified in Section I of this form intends to be authorized by a NPDES permit issued for storm water discharges associated with construction activity in the State/Indian Country Land identified in Section II of this form . Submission of this Notice ot Intent also constitutes notice that the party identified in Section I of this form meets the eligibility requirements in Part l.B. of the general permit (including those related to protection of en dangered species determined through the procedures in Addendum A of the general permit), understands that continued authorization to discharge is contingent on maintaining permit eligibility, and that implementation of the Storm Water Pollution Prevention Plan required under Part IV of the general permit will begin at the time the permittee commences woric on the construction project identified in Section II below. IN ORDER TO OBTAIN AUTHORIZATION . ALL INFORMATION REQUESTED MUST BE INCLUDED ON THIS FORM. SEE INSTRUCTIONS ON BACK OF FORM. I. OWner/Operator (.Applicant) Information Name: IHIEI l 8 IUITITI IGIRIOICIEIRIYI 1c1o1 I I I I I I I I I I I I I I Phone : 12111019131s1s1010101 Status of Address : IPIOI IBl 0 IXI 18 13 19 19 19 19 1 I I I I I I I I I I I I I I I I I I I I I I I Owner/Operator: [!! City : l 8 IAINI IAINITIOINIIIOI I I I I I I I I I I I I I I I State : ITIXI Zip Code: I 71Bl21Bl3l -I 3l 9l 9l 9I II. Project/Site Information Is the facility located on Indian Country Lands? Project Name: IAIGIGI 1 IEILIAINIDI IPIRIIINITI l 8 18 1°1PI 1•1 IHIEIBI l 8 ITl 0 1RIEI I YesO No(!J Project Address/Location: I TIE!X!AI s1 IAIV!EI l@I IPIAl~KI IPILIAIC!EI I I I I I I I I I I I I I I City : 1c10ILILIE!GIEI l 8 ITIAITIIl 0 1NI I I I I I I I I I I I State : ITIXI Zip Code: 17171814101 I I I I I Latitude: 13 1°1 3 16 1°1 5 1 Longitude: I 19 16 11 19 1°1 4 1 County: IBIRIAIZl 0 18 1 I I I I I I I I I I I Has the Storm Water Pollution Prevention Plan (SWPPP) been prepared? Yes(!J NoO Optional : Address of location of SWPPP for viewing OAddress in Section I above (!JAddress in Section II above 00ther address (rf known) below: SW PPP Phone : Address : I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City : I I I I I I I I I I I I I I I I I I I I I I I I I I I State : w ZipCode: I I I I I I -I I I I I Name of Receiving Water: ICIIITIYI 1°1FI lclolLILIEIGIEI 1slTIAITIIIOINI IMl 8 14 1 I I I 10141310121010111 10141310121010121 I tsaS<KJ on mstructron provraBO m ""aenaum A 01 tne perm rt , are -O.y YHr -O.y Y•r there any listed endangered or threatened species, or designated Estimated Construction Start Date Estimated Completion Date critical habitat in the project area? Estimate of area to be disturbed (to nearest acre): I I I I I 18 1 Yes0 Nol!J Estimate of Likelihood of Discharge (choose only one): I have satisfied permit eligibility with regard to protection of endangered species through the indicated section of Part l.B.3.e.(2) 1.oun1ike1y 3 .(!JOnce per week s .ocontinual of the permit (check one or more boxes): 2.oonce per month 4 .oonce per day (a)[!J (b>o <c>O (d>o Ill. 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 property gather and evaluate the information submitted . Based on my inquiry of the person or persons who manage this 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 imorisonment for knowina violations . Print Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Date : I I I I I I I Signature : EPA Form 3510-9 replaced 3510-6 (8-98) NO I ~O RM HEB College Stat ion , TX THIS FORM RE?LACES PREVIOUSFORM 3510-7 (S.:.92L:·F=Appravec. ow•-~ I Please See lnstrudons Before Comoletlnq This Form ··· · ----w1-NFi:::lES FORM IOEPA Unitec Stares E:ivtrtmmenrat Prctec::cn Agenc:-1 Wasninc;tcn. OC 20460 Notica of Termination (NOT) of Coverage Under a NPOE.S G~neral Permit for Storm Water Discharges Associated with Industrial Activity Sucmrss1on ot this Notica ot Temunalion ccnstitutes notice that me party idennfied in Sec:ion II ot this term is no longer autllonzea to olsc::arge st.Orm water I as.soc:atec witl! industnaJ ac::ivrty unaer tile NFOES program. AU. NECESSARY INFORMATION MUST BE PROVlCE!J ON THIS FORM. I. Permrt lnllllmallon NFOES Stenn Walet' Gt1ner.U Permit Number. II. Facllty Operator lntcrmaoon Name: C:iedc Here rf Ycu are No Longer [J the qperator ot tile F:aclity: : C:iedc Here rf the Storm Water 0 C isCl:arge lS Setng Temunar.ec: · I ?hone: 11_ ....:_....:_....:.._....:_...:._..:._..:....... __ AddreSs: _! --'"--'-'"--...;_--....;.....;___.:_:....__...;_....;.......;__;___:. __ ,:._..:........;.......;.._,;.__.:_:...._.:._..:........;...._.:.._...;_....,! C:ty: State: ~ I ZIP Cx!e: '-"'---------~ Ill. Faclity1Site L.ocalion ln?ctmaccn Name: AddreSs: '---"----...;__...;.__....;.. __ .;.__..;.._.......;._...;_.......;. _______ -'---""-----'------' I I I I I I Z'.!P C;:)Qe: • · · · I! C:ty: I ·---· State: uatude: I . I I I I I I -I Lonqm.Jde:1 I Quartsr: ·--' -Sec::an: ·--' _ 1 ownshio::..· -----I Ranqe:•._..._ ___ _ rv. c~rofic..-iion: I ~ty unCM c:enatty ot law tllal au storm water cisc::att;es assooatect With indu.stnat ac::viiy fn::m ~e idemiftea faoiity tllat are auuionzec ev a NFOES gener.11 oerm1t r.ave ceen eiimrnatea or trlar I am no 1onger tne coer.nor ot tile fac!ity or ci::nstruc:::n sne. I uno~and trial by sucmitting :rirs Notica ct T enrnnacon. i am no 1onger aut/lcnzea to oisc:iarqe storm waler assocatea Wltll 1naustn:al ac::vitv unoer t.irs c;enera1 permrt. and trial oiscnan;mg ;xlllutarns 1n storm water assocated Wltn inaustnai ac::iv1iy to waters ot tile Unrted Slates is wvaw1UI unoer tile C:ean Water Aa wnere tile oisc:iarqe 1s not au!tlcnzea :::y a NPOES oermrt. I arsc understand t11a1 tile suomrttat ot trlis Notica oi Tanrnnauon coes not re.ease an operator :rem liacdity fer any v1ciat1cns ot tllis oerrr.rt or tne c:aan Water Ac:.. ?rimName: 1'---~-----'-----'----~--'-'"----....:...---'--"--....;....--~---' Date: Siqnatur11: lnsll'Uc:lons tor G.;mptetin; N011ca ct Terminadon (NOT) Form Wllo M8y Flle a,._. ot T....,ilmlon (NOT) Form ;>-""'Cl are ~ =,..., unc• an E?A.....-H....,,,. Petlulant ~: EliminaDan S~ (NPOES\ ~ ?~ (inclucllnr1 tne 1995 Mu.....s.c:.r 1'""'11t1 tor Stenn -Oic'.an;es Asocc:11ac1 wnn lncnmnal N:Vrf'f may ,....,,.,. • -at T ....... acn (NOT) tiorm -ll1W -no 'an<!• 11aW.,..,.,,,,,., _ a~es ~ _, ·-K:MIY u-"' ::ie stonn-rwquiaaana at40 Cr"R 1=<lll(H). or"'""" in.,.,. no ianq..-::ie c~ at Ille -For """3INC:Cl'I ~ ............ at .. SDTl'I --~ ~ wrin ll'1GUSlna ~ oc:c:un ~ cmun:led sad.I n !Tie a::ansau::::110 sa nave :..... MallV .-•na ,_ ...,..,,, •na -a>n1l"CI ,........., Mave oewn re"T'IOV«J or ...,,.. be t'1!!t'nOWG ar :an aC'Dr"CCl'Qte :me. ar ~ aa sr:onn ..rs ~es aa.&OOa8a '"""" tnaumtal ~ rrom tne ~me ina ;rw ai.nnon%8G rN a MPOES gentnl :wrn"11 t\:NeC'l!'18Wnle 09W1 ~ .=i~ s12~ocn means :nae ~ s.>-4:SDJt:ino x:r:MDa -. :'I• 1Ja1 nave ~ i:::maetea. JnG Nt • un-.n......,... ·~..,.=-....,•a__,., ol 7~ .;J '2'• c:JV• :or unoavea areaa ana M9aS nor~ ey ~ s~ n.as oe... es&&Oll&ned. or 9QW'V9lent =*'1'T'QnWrt siaaaiDUcn IT'lll!asurm 1 suai n i:"le use ot :ionic. Qacans. er qeor1~1 naYe c-w emc:IO"I~. !O?A >etm '510-: (5-alll Wll-ID Flle NOT Form S-..S 11'\&a tlorm ID Ille tne ~ .-..a: Slorm Wster HOD<a at Temvwacn (4<CJ) 401 MStr.m. S.W ~cc 40460 ComQIMln9 Ul8 Form Type or pnnt. uainq uco--=-~ '" one ._.......... .,_ Of'il'f. P-l)laao acn c:narxr.w --. tne mans. ,,._.. d rwcnsarv = sz:ay""'""' !Ile numoer ct~ -tor...., itwn. u .. °""'one•-=-tar cnus ~ wona. ::ut not ~or ounc.saaon manes uma.a ~ .,. neeoea ta dantv y0ur resoanse. :t ~ou nav.e arry ~ ~DCIUl c-.rs :arm. ~or wmm aw Hoaca ct intatt Pn::r:ass.w>q c-a (7~1 ;31.J:::o. i -.j INSPECTION REPORT for STORM WATER POLLUTION PREVENTION PLAN Aggieland Print Shop and HEB Store Texas Ave. at Park Place, College Station, Texas INSPECTOR QUALIFICATIONS : SITE CONDITIONS : POLLUTANT CONTROL IN CONFORMANCE EFFECTIVE Construction Entrance YES/NO See Below YES/NO See Below Sediment Barriers YES/NO See Below YES/NO See Below Vehicle Service Area Berm YES/NO See Below YES/NO See Below Retention Pond YES/NO See Below YES/NO See Below YES/NO YES/NO See Below YES/NO YES/NO See Below YES /NO (See Below) YES/NO (See Below) VIOLATIONS NOTED : (Explain each "NO" circled above) RECOMMENDED REMEDIAL ACTIONS : COMMENTS: Based on the results of the inspection , necessary control modifications shall be implemented within 7 calendar days . These reports shall be kept on file as part of the Storm Water Pollution Prevention Plan for at least three years from the date of completion and submission of the Notice of Termination . A copy of the SWPPP shall be kept at the site at all times during construction. Certification Statement "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 property gathered and evaluated the information submitted . Based on my inquiry of the person or persons who manage the system , or those persons directly responsible for gathering the information , the information submitted is, to the best of my knowledge and belief, true, accurate, and complete . I am aware that there are significant penalties for submitting false information , including the possibility of fine and imprisonment for knowing violations . Name: Address : Telephone : Site location : INSPECTOR : DATE :~~~~~~~~~~~~~ (Signature )~~~~~~~~~~~~~~~~~~ ACE I/Master Specification 02280, SWPPP Revised 0~/2001 (Aggi eland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-14 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM STABILIZATION MEASURES INSPECTOR: _______ _ DATE : _______ _ QUALIFICATIONS OF INSPECTOR: ______________________ _ DAYS SINCE LAST RAINFALL: __ _ AMOUNT OF LAST RAINFALL-------- AREA DATE SINCE DATE OF NEXT STABILIZED? STABILIZED CONDITION LAST DISTURBANCE (YES/NO) WITH RAINFALL STABILIZATION REQUIRED : _______________________ _ TO BE PERFORMED BY: _______ ON OR BEFORE------------- ACEI/Master S1>ecification 02280, SWPPP Revised 0_./2001 (Aggieland Print Shot> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-15 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM CHANGES REQUIRED TO STORMWATER POLLUTION PREVENTION PLAN INSPECTOR: _______ _ DATE: _______ _ QUALIFICATIONS OF INSPECTOR : ---------------------- CHANGES REQUIRED TO THE STORMWATER POLLUTION PREVENTION PLAN :------ REASONS FOR CHANGES: _________________________ _ TO BE PERFORMED BY : _______ ON OR BEFORE:------------ ACEI/Master Specification 02280, SWPPP Revised 04/2001 (Aggieland Print Shop and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-16 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM RECORD OF STABILIZATION AND CONSTRUCTION ACTIVITIES A record of dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained until final site stabilization is achieved and the Notice of Termination is filed . MAJOR GRADING, CONSTRUCTION, OR STABILIZATION ACTIVITIES Description of Activity ___________________________ _ Begin Date: ______ Site Contractor. -------------------- Location :--------------------------------- End Date : ______________________________ ~ Description of Activity ___________________________ _ Begin Date : ______ Site Contractor. -------------------- Location :--------------------------------- End Date : ______________________________ ~ Description of Activity ___________________________ _ Begin Date : ______ Site Contractor.-------------------- Location :--------------------------------- End Date : ______________________________ ~ Description of Activity ___________________________ _ Begin Date : ______ Site Contractor.-------------------- Location :--------------------------------- End Date: _____________________________ _ Description of Activity ___________________________ _ Begin Date : ______ Site Contractor. -------------------- Location :--------------------------------- End Date : ______________________________ _ ACEI/Master SJ>ecitication 02280, SWPPP Revised O.t/2001 (Aggieland Print ShoJ> and HEB Store, Texas Ave. at Park Place, College Station, Brazos County, Texas) 2280-17 APPENDIX E TEXT OF NPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES Federal Register /Vol. 63, No. 128 /Monday, July 6, 19 98 /No tic es 36497 includ e permits. As the Attorney General 's Manual on the APA explains. "the entire Act is based upon a dichotomy between rule making and adjudi cation [the agency process for formu la tion of an order]" (p. 14). The CW A specifies the use of permits for authorizing the discharge of pollutants to waters· of the United States. Section 301(a) of the CWA prohibits discharges of pollutants "[except as in compliance with" specified sections of the CWA , including section 402. 33 U.S.C. 131 l(a). Section 402 of the CWA authorizes EPA "to issue a permit for the discharge of any pollutant • • •, notwithstanding section [301(a) of the CW A]." 33 U.S.C. 1342(a). Thus, the only circumstances in which a discharge of pollution may be authorized is where the Agency has issued a permit for the discharge. Courts , re cognizing that a permit is the necessary condition-precedent to any lawful discharge, specifically suggested the use of area-wide and general permits as a mechanism for addressing the Agency 's need to issue a substantial number of permits. See NRDC v. Train, 396 F .Supp . 1393, 1402 (D.D.C. 1975 ); NRD C v. Cos tle, 568 F .2d 1369 , 1381. (D .C. Cir. 1977 ). Adopting the courts' suggestion, EPA has made increasing use of ge neral permits in its CW A regulatory program, particularly for storm water discharges. In the Agency's view, the fact that an NPDES general permit may apply to a large number of different dischargers does n~t convert it from a permit into a rule. As noted above, the courts which have faced the issue of how EPA can permit large numbers of discharges under the CWA have suggested use of a general p ermit, not a rule. Under the APA, the two terms are mutually exclusive. Moreover, an NPDES general permit retains unique characteristics that distinguish a permit from a rule. First, today's NPDES general permit for storm water discharges associated with construction activity is effective only with respect to those dischargers that choose to be bound by the permit. Thus, unlike the typical rule, this NPDES general permit does not impose immediately effective obligations of general applicability. A discharger must choose to be covered by this general permit and so notify EPA. A discharger alway.s r etains the option of obtaining its own individual permit. Relatedly, the terms of the NPDES general permit are enforceable only against dischargers that choose to make use of the permit. If a source discharges without authorization of n general or an individual permit, the discharger vi o lates§ 301 of the Act for discharging without a permit, not fo r violating the terms of a n NPDES general permit. · · Because the CW A and its case law make clear that NPDES permits are·the . congressionally chosen vehicle for authorizing d ischarges of pollutants to waters of the United States, the AP A's rulemaking requirements are inapplicable to issuance of such permits , including today's general permit. Further. while the CW A requires that NPDES permits be issued only after an opportunity for a hearing, it does not. require publication of a general notice of proposed rulemaking. Thus, NPDES permitting is not subject to the requirement to publish a general notice of proposed rulemaking under the APA or any other law . Accordingly, it is not subject to the RF A. At the same time, the Agency recognizes that the question of the applicability of the AP A , and thus the RF A. to the issuance of a general permit is a difficult one, given the fact that a large number of dischargers may choose to use the general permit. Indeed, the point of issuing a general permit is to provide a speedier means of permitting large number of s ources and save dischargers and EP A time and effort. Since the Age ncy hopes that many dischargers will make use of a general permit and since the CW A requires EPA to provide an opportunity for·"a hearing" prior to issuance of a permit, EPA provides the public with notice of a draft general permit and an opportunity to comment oil it. From public comments, EPA learns how to better craft a general permit to .make it appropriate for, and acceptable to, the largest number of potential permittees. This same process also provides an opportunity for EPA to consider the potential impact of general permit terms on small entities and how to craft the permit to · avoid any undue burden on small entities. This process, however, is voluntary, and does not trigger · rulemaking or RF A requirements. . In the case of the CGP being issued today, the Agency has considel'f:!.ci and addressed the potential impact of the general permit on small entities 'in a manner that would meet the requirements of the RF A-if it applied. Specifically, EPA has analyzed the potential impact of the general permit on small entities and found .that it will not have a significant economic impact · on a substantial number of small entities. Like the previous general permit that it replaces (the Baseline Construction General Permit). the permit will make a vailable to many small e ntiti es, particularly operators of. construction sites, a s treamlined process for obtaining au thorization to discharg Of the possibl_e permitting mechanism:· avai lable to dischargers subject to the CW A. NPDES general permits are design ed to reduce the reporting and monitoring burden associated with NPDES permit authorization, especially for small entities with discharges having comparatively less potential for environmental degradation than discharg es typically regulated under individual NPDES permits. Thus, general permits like the permit at issue here provide small entities with a permitting appli cation option that is much less burdensome than NPDES individual permit applications. Furthermore, the general permit is virtually identi cal to its predecessor, the Base lin e Construction General Permit, under whi ch many construction operators have operated during the past fi v e ye ars. Moreover, the other new pro vis ions of the permit have been desi gned to minimize burdens on small entities , including e liminating the requirement that construction site operators require that their contractors and subco ntracto rs si gn a standard certificatio n statement agreeing to abide by storm water pollution prevention plan provisi ons d eveloped for a projecL In t o da y's general permit, only the operator (s ) of a construction site are required to satisfy certification requirements under the permit. EPA believes this modification from the prior permit sh ould reduce any such adverse economic impacts on both operators and contracto rs / subcontractors who, in many in stances, are small entities. In view of th e foregoing, the Regional Administrators find that the final general permit, eve n if it were a rule , will not ha ve a significant economic impact on a substantial number of small . ·entities. · Storm Water General Permit for Construction Activities in Region 6 NPDES Permit No. [See Part I.A.] . Authorization to Discharge Under the National Pollutant Discharge Elimination System In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et. seq.), except as provided in Part l.B.3 of this permit. operators of construction activities located in an area specified in Part LA. and who submit a Notice of Intent in accordance with Part II, are authorized to discharge pollutants to waters of the United States in accordance with the conditions and requirements set fo rth herein. This permi t shall become effective on [insert the date of publication of the final perm1t i n the fe deral Register!.· 36498 Federal Register I Vol. 63, No . 128 I Monday, July 6,. 1998 I Notices This permit and the authorization to discharge shaH expire at midnig~t. July 7, 2003. Signed : June 24, 1998. William B. Hathaway, Director. Water Quality Protection Division. NPDES General Permits for Storm Water Discharges from Construction Activities Table of Contents Part I. Coverage Under this Permit A. Permit Area B. Eligibility C. Obtaining Authorization D. Terminating Coverage Part II. Notice of Intent Requirements A. Deadlines for Notification B. Contents of Notice of Intent C. Where to Submit Part Ill. Special Conditions, Management Practices , and Other Non-Numeric Limitations A. Prohibition on Non-Storm Water Discharges B. Releases in Excess of Reportable Quantities C. Spills D. Di s charge Compliance with Water Quality Standards E. Responsibilities of Operators F. Consistency with the Texas Coastal Management Program Part IV . Storm Water Pollution Prevention Plans A. Deadlines for Plan Preparation and Compliance B. Signature, Plan Review and Making Plans Available C. Keeping Plans Current D. Contents of Plan. Part V. Retention of Records A.· Documents B. Accessibility C. Addresses Part VI. Standard Permit Conditions A. Duty to Comply · B. Continuation of the Expired General Permit C. Need to Halt or Reduce Activity not a Defense · D. Duty to Mitigate E. Duty to Provide Information. . F. Other Information G. Signatory ·ReqUirements H. Penalties for Falsification of Reports I. Oil and Hazardous Substance Liability. J. Property Rights · K. Severability I.. Requiring an Individual Permit or an Alternative General Permit M. State/Tribal Environmental Laws N. Proper Operation and Maintenance 0. Inspection and Entry . · P. Permit Actions . Part VII. Reopener Clause · Part VIIl. Termination of Coverage A. Notice ofTemunation B. Addresses Part IX. Definitions Part X. Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories Addenda A. Endangered Species 8 . Historic Properties (Reserved) C. Notice of Intent (NOi) Form D. No tice of Termination (NOT) Form Part I. Coverage Under This Permit A . Perm it Area The permit language is structured as if it were a single permit, with State, Indian Country land, or other area- specific c onditions s pecified in Part X. Perm it c overage is actually provided by legally separate and distinctly numbered permits covering each of the following areas: Region 6 LARlO*##I: Indian Country lands in the State of Louisiana NMR10*###: The State of New Mexico, except Indian Country lands NMRlO*##I : Indian Country lands in the State of New Mexico, except Navajo Reservatfon Lands and Ute Mountain Reser va ti on Lands OKR lO*##l: Indian Country lands in the State of Oklahoma OKR10 * ##F: Oil and Gas Sites in State of Oklahoma TXR10*###: The State of Texas, except Indian Country lands TXRlO*##l : Indian Country lands in the State of Texas 8 . Eligibility pre ve ntion plan covering the discl.~..:.. from the support activity areai'. ..... ises 3. Limitations on Coverage a. ~ost Construction Discharges. Tius pernut does not authorize storm: wat · discharges that originate from the sitr after construction activities have~ completed and the site, including an temporary support activity site, has y undergone fin~l stabilization. Industrial post-construction storm water discharges may need to be covered by a separate NPDES permit. b . Discharges Mixed with Non-Storm Water. This permit does not authorize discharges that are mixed with sources of non-storm water, other than those discharges which are identified in Part III.A.2 . or 3. (ex ceptions to prohibition on non-storm water discharges) and are in compliance with Part IV.D.S (non- storm water dis charges ). c. Discharges Covered by Another Permit. This permit does not authorize storm water dis charges associated with construction activity that have been covered under an individual permit or required to ob tai n coverage under an a lternative gene ral permit in accordance with Part Vl.L. d. Discharges Threatening Water Quality. This permit does not authorize storm water discharges from construction sit es that the Director 1. Permi ttees are authorized to · (EP A) determines will cause, or have discharge pollutants in storm water reasonable. potential to cause or runoff associated with construction contribute to , vi olations of water quality activities as defined in 40 CFR standards. Where such determinations 122.26(b)(14)(x) and those construction have been made, the Director may notify site discharges designated by the the operator(s) that an individual permit Director as needing a storm water application is necessary in accordance permit under 122.26(a)(1)(v) or under with Part VI.L . However, the Director 122.26(a)(9) and 122.26(g)(l)(i). may authorize coverage under this Discharges identified under Part I.B .3 permit after appropriate controls and are excluded from coverage. Any implementation procedures designed to discharge authorized by a different bring the discharges into compliance NPDES permit may be commingled with with water quality standards have been disch~es au~orized by 1¥.5 permit. included in the storm water pollution z. T~s permit also authonzes st.oi:m ·•· .. ,Prevention plan; water. discharges from support activities , . e. Storm. water discharges and stonn (e.g., concrete or asphalt batch plants, water discharge-related activities that equipment staging yards, material • are not protective of Federally listed storage areas, excavated material ·.endangered and threatened ('!listed") disposal areas, borrow areas) provided: species or designated critical habitat a. Th!! support activity is directly · ·· ("critical habitat"). , · related to a construction site that is (1) For the purposes of complying required to have NPDES permit with the Part I.B.3.e. eligibility coverage for discharges of storm water . requirements, "storm water discharge- associated with construction activity; related activities" include: · b. The support activity is not a (a) Activities which cause, contribute commercial operation serving multiple to, or result in point source storm water unrelated construction projects by pollutant discharges, including but not different operators, and does not operate limited to: excavation, site beyond the completion of the development, grading and other surface construction activity at the last disturbance activities; and construction project it supports; and (b) Measures to control storm water c. Ap propriate controls and measures including the siting. c onstruction and arc identified in a storm water pollution operation of bes t manage ment practices ----------------------- . Federal Register/ Vol. 63, No. 128 /Monday, July .6; 1998 /Notices (BMPs) to control, reduce or prevent storm water pollution. · (2) Coverage under this permit is available only if the applicant certifies that it meets at least one of the criteria in paragraphs (a)-{d) below. Failure to continue to meet one of these criteria during the term of the permit will render a permittee ineligible for coverage under this permit. (a) The storm water discharges and storm water discharge-related activities are not likely to adversely affect listed species or critical habitat: or (b) Formal or informal consultation with the Fish and Wildlife Service and/ or the National Marine Fisheries Service (the "Services") under section 7 of the Endangered Species Act (ESA) has been concluded which addresses the effects of the applicant's storm water discharges and storm water discharge- related activities on listed species and critical habitat and the consultation results in either a no jeopardy opinion or a written concurrence by the · Ser:vice(s) on a finding that the applicant's storm water discharges and storm water discharge-related activities are not likely to adversely affect listed species or critical habitat. A section 7 consultation may occur in the context of another Federal action (e.g., a ESA section 7 consultation was performed fodssuance of a wetlands dredge and fill permit for the project. or as part of a National Environmental Policy Act (NEPA) review); or (c}. The applicant's construction activities are authorized: under section 10 of the ESA and that authoriZation addresses the effects of the applicant's storm water discharges and storm water discharge-related activities on listed species and critical habitat; or (d} The applicant's storm water discharges and storm water discharge- related activities were already addressed in another operator's certification of eligibility under Part I.B.3.e.(2)(a), (b), or (c) which included the applicant's .project area. By certifying eligibility under Part I.B.3.e.(2)(d), the applicant ~s to comply with any measures or controls upon y.'hich the other operator's certification under Part I.B.3.e.(2)(a}, (b) or (cl was based. (3) For all projects commencing construction after the effective date of this permit, applicants must follow the .P~ocedures provided at Addendwn A of this permit when applying for permit coverage. The Director may also require any existing permittee or applicant to provide· documentation of eligibility for this permit using the p·rocedures in Addendum A. where EPA or the Fish and Wildlife Services de termine that there is a potential impactio n on endangered or threatened species or a critical habitat. Nothing in this permit relieves applicants which are under construction as of the effective date of this permit of their obligations they may have to comply with any requirements of the Endangered Species Act. (4) The applicant must comply with any applicable terms, conditions or other requirements developed in. the process of meeting eligibility requirements of Part I.B.3.e.(2)(a). (b), (c), or (d} above to remain eligible for coverage under this permit. Such terms and conditions must be incorporated in the applicant's storm water pollution prevention plan. . (5) Appli~ants who choose to conduct informal consultation to meet the eligibility requirements of Part I.B.3.e .(2)(b) are automatically designated as non-Federal representatives under this permit. See 50 CFR 402.08. Applicants who choose to conduct informal consultation as a non-Federal representatives must notify EPA and the appropriate Service office in writing of that decision. (6) This permit does not authorize any storm water discharges where the discharges or storm water discharge- related activities cause prohibited "take" (as defined under section 3 of the Endangered Species Act and 50 CTR 17.3) of endangered or threatened species unless such takes are authorized under sections 7 or 10 of the Endangered Species Act. (7) This permit does not authorize any storm water discharges where the discharges or storm water discharge- related activities are likely to jeopardize the continued existence of any species that are listed or proposed· to be listed as endangered or threatened under the ESA or result in the adverse · modification or destruction of habitat that is designated or proposed to be designated as critical under· the ESA. f. Storm water Discharges and Storm Water Discharge-Related Activities with Unconsidered Adverse Effects on · Historic Properties. (Reserved) C. Obtaining Authorization 1. In order for storm water discharges from construction activities to be authorized under this general permit. an operator must: · a. Meet the Part LB eligibility requirements; · . b. Except as provided in Parts II:A.5 and II.A.6. develop a storm water pollution prevention plan (SWPPP) covering either the entire site or all portions of the site for which they are operators (see definition in Part IX.NJ according to the requirements in.Part IV . A "joint" SWPP P may be developed and implemente~ as a cooperati\'.e eff~rt where there is more than one operat at a site; and . or c. Submit a .Notice of ~tent (NO!) in accordance with the requirement.s of· Part II, using an N<?I form provided in Addendum C of this permit. Only.one NOI need be submitted fo cover all of the permittee's actiyities on the · common plan of development ·or sale (e .g., you do not need to submit a separate NOI for each separate lot in a residential subdivision or for tWo · · · separate buildings being constructed at a manufacturing facility, provided your SWPPP covers each area for which you are an operator). The SWPPP must be implemente.d upon commencement of construction activities. 2. Any new operator on site, including those who replace an operator . who has previously obtained permit coverage, must submit an NOI to obtain permit coverage. · · 3. Unless notified by the Director to the contrary, operators who submit a correctly completed NOI in accordance with the requirements of this permit are authorized to discharge storm water from construction activities under the terms· and conditions of this permit two (2) days after the date that the NOI is postmarked. The Director may deny coverage up.der this permit and require submittal' of an application for an individual NPDES permit based on a review ofthe NOI or other information (see Part VI.L). D. Terminating Coverage 1. Permittees wishing to terminate coverage wider this permit must submit a Notice of Termination (NOT) in a<;:cordance with Part VIII .of this permit. Compliance with this permit is required · until an NOT is submitted. The · pennittee's authorization to .discharge· . under this permit terminates· at midnight of the day the NOT is signed. 2. All permittees must submit a NOT within thirty t30) days after one or more of the following conditions have been met: .. · a. Final stabilization (see definition Part IX.I} has been achieved on all portions of the site for which the p.ermittee is responsible (including if applicable, returning· agricultural land to its pre-construction agricultural use}; b. Another operator/permittee has assumed control according to Part Vl ;G.2.c. over all areas of the site that have not ·been finally stabilized.: or . c. For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner. Enforcement actions may be taken if a permittee submits a NOT without 36500 Federal Register /Vol. 63, No. 128/Monday, July 6, 1998 /Notices meeting one or more of these conditions. Part II. Notice ofintent Requirements A. Deadlines f or Notification 1. Except as provided in Parts II .A.3, II.A.4, II.A.S or II.A.6 below, parties defined as operators (see definition in Part IX.NJ due to their operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; must submit a Notice of Intent (NOI) in accordance with the requirements of this Part at least two (2) days prior to the commencement of construction activities (i.e., the initial disturbance of soils associated with clearing, grading, excavation activities, or other construction activities). 2. Except as provided in Parts II.A.3, II.A.4, II.A.S or II.A .6 below, parties defined as operators (see definition in Part IX.N) due to their day-to-day operational control over acti vities at a project which are necessary to ensure compliance with a storm water pollution prevention plan or other permit c onditions (e.g ., general contractor, erosion control contractor) must submi t a NOI at least two (2) days prior t o commencing work on-site. 3. For storm water discharges from construction projects where the operator changes, including instances where an operator is added after a NOI has been submitted under Parts ll.A.1 or II.A.2, the new operator must submit a NOI at least two (2) days before asswning · operational control over site specifications or commencing work on- site. 4. Operators are not prohibited from submitting late NOis . When a late NOI · is submitted, authorization is only for discharges that occur after permit coverage is granted. The Agency reser:ves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization of future discliarges.is granted (typically 2 days after a complete NOI is submitted). 5 . Operators of on-going construction projects as of the effective date of this . permit which received authorization to discharge for these projects under the 1992 baseline construction general permit must: a. Submit a NOI according to Part H.B. within 90 days of the effective date of this permit. If the permittee is eligible to submit a Notice of Termination (e.g., construction is finished and final stabilization has been achieved) before the 90th d a y . a new NO! is not required to be submitted ; b . For the first 90 days from the effective date of this permit, comply· with the terms and conditions of the 1992 baseline c onstruction general . permit they were previously authorized under; and c. Update their storm water pollution prevention plan to comply with the requirements of Part IV within 90 days after the effective date ofthis permit. 6. Operators of on-going construction projects as of the effective date of this permit which did not receive · authorization to discharge for these projects under the 1992 baseline construction general permit must: a. Prepare and comply with an interim storm water poliiition prevention plan in accordance with the 1992 baseline construction general permit prior to submitting an NOI; b . Submit a NOI according to Part Il.B; and c . Update their storm water pollution prevention plan to comply with the requirements of Part IV within 90 days after the effective date of this .permit. 8 . Contents of N otice of Intent (NOI) 1. Use of Revised NOI Form The revised NOI form [EPAForm 3510-9] shall be signed in accordance with Part VI.G of this permit and shall include the following information: a. The name, address, and telephone number of the operator filing the NOI . for permit coverage; b . An indication of whether the operator is a Federal, State, Tribal, private, or other public entity; c. The name (or other identifier), address, county, and latitude/.longitude of the construction project or site; d. An indication of whether the project or site is located on Indian Country lands; . e. Confirmation that a storm water pollution prevention plan (SWPPP) has been developed or will be developed prior to commencing construction activities, and that the SWPPP will be compliant with any applicable local sediment and erosion control plans. Copies of SWPPPs 01: permit;; should not be included with the NOI submission; f. Optional information: the location where the SWPPP may be viewed arid the name ·and telephone number ofa contact person for scheduling viewing times; g. The name of the receiving. water(s); h. Estimates of project start and completion dates, and estimates of the number of acres of the site on wnich soil will be disturbed (if less·than 1 acre, enter "1"); · i. Based on the instructions in Addendum A. whe ther any lis ted or prop?sed thre~tened or endaxigei-ed · <· .:~ · . spe~i es, or _de~ignated critic:al habitat. . are m proximity to the storm water · discharges or storm water~· - relate.d activities to be covered by this . permit; · j. Under which section(s) of Part- I.B.3 .e. (Endangered Species) the · · applicant is certifying eligibility: and. ~ate th~t as of ~e effective date of this permit, reporting of information relating to the preservation of historic properties has been reserved and is not required at this time. Such reservation in no way relieves applicants or . permittees from any otherwise applicable obligations or liabilities related to historic preservation under State, Tribal or local law. After further discussions between EPA and the Advisory Council on Histonc · Preservation, the Agency may modify . the permit. Any such modification may affect future Notice of Intent reporting requirements. C. Where To Submit 1. NO!s must be signed in accordance . with Part VI.G . and sent to the following address: Storm Water Notice of Intent · (4203 ). US EP A , 401 M Street, SW, Washington, DC 20460 . Part III. Special Conditions, Management Practices, and Other Non- Numeric Limitations · A . Prohibition on Non-Storm Water Discharges 1. Except as provided iil Parts I.B.2 or ·3 and Ill.A .2 or 3, all discharges covered by this permit shall be composed entirely of storm water associated with construction activity. 2. Discharges o f material other than · storm water that are in compliance-with an NPDES permit (other than this permit) issued for that discharge may be discharged ·or mixed with discharges authorized·by this permit. . · 3. The following non•storm watei: · · discharges froin active constructian=sites. are authorized by this permit provided the non-storm water component of the discharge is in compliance .with Part' rv.o.s (non-storm water discharges): discharges from fire fighting activities; fire hydrant flushings; waters used to . wash vehicles where detergents arenot used; water used to control"dust in accordance with Part IV .0.2.c.(2); potable water sou.rces including · waterline flushings; routine external building wash down which does not use detergents; pavement washwaters where spills or leaks of toxic or h·azardous materials have not occurred (unless all spilled material has been removed) and where d ete rge nts are not used; air Federal Register/Vol. 63, No. 128/Monday, July 6, 1998 /Notices 36501-: .. conditioning condensate; uncontaminated ground water or spring water; and foundation or footing drains where flows are not contaminated with process materials such as solvents. B. Releases in Excess pf Reportable Quantities · The discharge of hazardous substances or oil-in the storm water discharge(s) from a facility shall be prevented or minimized in accordance with the applicable storm water pollution prevention plan for the facility. This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 and 40 CFR . 302. Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR 110, 40 CFR 117 or 40 CFR 302; occurs during a 24 hour period: 1. The permittee is required to notify the National Response Center (NRC) (800-424:-8802; in the Washington, DC, metropolitan area call 202-425-2675) in accordance with the requirements of 40 CFR 110, 40 CFR 11 7 and 40 CFR 302 as soon as he or she has knowledge of the discharge; 2. The storm water pollution prevention plan required under Part IV of this permit must be modified within 14 calendar days of knowledge of the release to : provide a description of the . release, the circumstances leading to the release, and the date of the release. In addition, the plan must be reviewed to identify measures to prevent the reoccurrence of such releases and.to respond to such releases, and the plan must be modified. where appropriate. C. Spills This permit does not authorize the . discharge of hazardous substances or oil resultj,ng from an on-site spill. D. Discharge Compliance With Water Quality Standards Operators seeking coverage under this · permit shall not be causing or have the reasonable potential ~o cause or contribute to a violation of a water quality standard. Where a discharge is already authorized under this permit and is later determined to cause or have the reasonable potential to cause or contribute to the violation of an ' applicable water quality standard. the Director will notify the operator of such violation(s). The permittee shall take all 'necessary actions to ensure future discharges do not cause or contribute to the violation of a water quality standard <µld d ocument these actions in the storm water pol lution preve ntion plan. If viol a t io ns re main o r re -occu r . th e n coverage under .this permit may be terminated by the Director, and an .alternative general permit or individual permit may be i ssued. Compliance with this requirement does not preclude any enforcement activity as provided by the Clean Water Act for the underlying violation. E. Responsibilities of Operators Permittees may meet one or both of the operational control components in the definition of "operator" found in Part IX.N. Either Parts III.E.1 or III.E.2 or both will apply depending on the type of operational control exerted by an individual permittee. Part ill.E.3 applies to all permittees . 1. Permittees with operational control over construction plans and · specifications, including the ability to make modifications to those plans and specifications (e .g .. developer or owner). must: . a. Ensure the project specifications that they develop meet the minimum requirements of Part IV (Storm Water Pollution Prevention Plans (SWPPP)) and all other applicable conditions; b . Ensure that the SWPPP indicates the areas of the project where they have operational control over project specifications (including the ability to make modifications in specifications), and ensure all other permittees implementing portions of the SWPPP impacted by any changes they make to the plan are notified of such modifications in a timely manner; and c. Ensure that the SWPPP for portions of the project where they are operators indicates the name and NPDES permi.t number for parties with day-to-day operational control of those activities necessary to ensure compliance with the SWPPP or other permit conditions. If these parties have not been identified at the time the SWPPP is in;itially developed. the permittee with operational control over project specifications shall be considered to be the responsible party until such time as the authority is transferred to another party (e.g .• general contractor) and the plan updated. 2. Permittee(s) with day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g .. general contractor) must: a. Ensure that the SWPPP for portions of the project where they are operators meets the minimum requirements of Part IV (Storm Water Pollution Prevention Plan) a nd identifies the parties respons ible for implementation of c ontro l me as ures ide n tifi ed in the pl nn : · b . Ensure that the SWPPP indi~tes . areas of the project where they have operational control over day-to-day activities; c . Ensure that the ·SWPPP fox: portions'· of the project where they are operators indicates the name and NPDES penriit · number of the party(ies) with operational control over project · specificati?ns (i?clu?Jng the ability to make mo~ficatio~s m specifications); 3. Penmttees Wlth operational control over only a portion of a larger construction project (e.g., one of four homebuilders in a subdivision) are responsible for compliance with all applicable terms and conditions of this permit as it relates to their activities on their portion of the construction site, including protection of endangered species and implementation of BMPs and other controls required by-the · SWPPP. Permittees shall ensure either directly or through coordination with other permittees, that their activities do not render another party's pollution controls ineffective. Permittees must either implement their portions of a common SWPPP or develop and · implement their own SWPPP . F. Cons istency Wi th the Texas Coastal Mana gement Program This permit does not relieve permittees .whose construction.project is located within the boundary of the Texas Coastal Management Program of their responsibility to insure consistency with all applicable · requirements of this State :Program. · . While pre-construction approval of development projects is not within the jurisdiction of the Federal NPDES - permit program, State or local pre- construction pro ject approvals and/or permits may be required. The· .' permittee 's Storm Water Pollution Prevention Plan must be consistent witlr any storm water discharge-related requirements establis~ed ptirsuant to, or necessary to· be consistent with, the - Texas Coastal Management Program. This permit may be reopened, upoµ petition by the State, to include mare stringent discharge requirements. applying to areas within the State's designated coastal zone. The Texas Coastal Management Program boundary covers part or all of the following Texas Counties: Aransas. Brazoria, Calhoun. Cameron, Chambers. Galveston ,, Harris, Jackson. Jefferson,. Kenedy, Kleberg , Matagorda. Nueces. Orange. Refugio, San Patricio, Victoria. and Willacy. To d etermine if a construction pro ject is located within the Te xas Coastal Zone, and if so. the applicable requirements o f the Texas Coa stal Mana ge ment Pro gram. please 36502 Federal Register/Vol. 63, No. 128 /Monday; July 6, 1998 /Notices contact the Texas General Land Office's Coastal Hotline at 1-800-85-BEACH or access their Internet site at "http:/ I red.glo.state .tx.us/res·mgmtlcoastal/''. Information is also available from the Texas Coastal Coordination Council's Coastal Permitting Assistance Office at 1-888-3-PERMIT or via the Internet at "http ://red.glo.state.tx.us/ coastalpermits/". Part IV. Storm Water Pollution Prevention Plans At.least one storm water pollution prevention plan (SWPPP) shall be developed for ea_ch construction project or site covered by this permit. For more effective coordination of BMPs and opportunities for cost sharing, a cooperative effort by the different operators at a site to prepare and participate in a comprehensive SWPPP is encouraged. Individual operators at a site may , but are not required, to develop separate SWPPPs that cover only their portion of the project provided reference is made to other operators at the site. In instances where there is more than.one SWPPP for a site, coordination must be conducted between the permittees to ensure the storm water discharge controls and other measures are consistent with one another (e .g., provisions to protect listed species and critical habitat). Storm water pollution prevention plans shall be prepared in accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges from the construction site. The SWPPP shall describe and ensure the implementation of practices which will be used to reduce the pollutant_yn storm water discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of this permit. . When developing SWPPPs, applicants must follow the procedures in Addendum A of this permit to determine whether listed endangered or threatened species or critical habitat would be affected by the applicant's storm water discharges or storm water discharge-related activities. Any information on -whether listed species or critical habitat are found in proximity to the construction site must be included ·in the SWPPP . Any terms or conditions that are imposed under the eligibility requirements of Part I.B.3 .e and Addendum A of this permit to protect listed species or critical habitat from storm water di scharges or storm water discharge-related activity must be incorporated in to th e SWPPP . Permitt ees must implement the applicable provisions of the SWPPP required under this part as a condition of this permit. A. Deadlines for Plan Preparation and Compliance The storm water pollution prevention plan shall : 1. Be completed prior to the submittal of an NOI to be covered under this permit (except as provided in Parts II .A.5 and II .A.6) updated as appropriate; and · . 2. Provide for compliance with the terms and schedule of.the SWPPP beginning with the initiation of . i · construction activities. B. Signature, Plan Review and Making Plans Available 1 .. The SWPPP shall. be signed in accordance with Part VI.G, and be retained on-site at the facility which generates the storm water discharge in accordance with Part V (Retention of Records) of this permit. 2. The permittee shall post a notice near the main entrance of the construction site with the following information: a. The NPDES permit number for the project or a copy of the NOI if a permit number has not yet been assigned; b. The name and telephone number of a local contact person; · . c. A brief description of the project; and · d. The location of the SWPPP if the site is inactive or does not have an on- site location to store the plan. If posting this information near a main entrance is ·infeasible· due to safety concerns, the notice shall be posted in a local public building. If the construction project is a linear construction project (e.g., pipeline, highway, etc.), the notice must be placed in a publicly accessible location . near where construction is actively underway and moved a5 necessary. This permit does not provide the public with any right to trespass OJ:!. a construction site for any reason, includin~ inspection of a site; nor does this permit require that permittees allow members of the public access to a construction site: · 3, The permittee shall make SWPPPs available upon· request to the Director, a State, Tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; or the operator of a municipal-separate storm sewer receiving discharges from the site. The copy of the SWPPP that is required td be kept on-site or locally available must be made available to the Director for review a t the time o f an on-s ite inspecti on. Also, in the interest of. _... public involvement, EPA encourage permittees to make their SWPPPs · .. s available to the public for viewing during normal business hours. .· 4. The Director may notify the permittee at any time-that the SWPpp does not meet one or more of the minimum requirements of this Part. Such notification shall identify those provision of this permit which are not being met by the SWPPP as well as · those requiring modification in order to meet the minimum requirements of this Part. Within seven (7) calendar days of receipt of such notification from .the Director (or as otherwise provided by the Director), the permittee shall make the required changes to the SWPPP and shall submit to the Director a written certification that the requested changes have been made. The Director mav take appropriate enforcement action r;r the period of time the permittee was operating under a plan that did not meet the minimum requirements of this · permit. C. Keeping Plans Current The permittee must amend the storm water pollution prevention plan whenever: 1. There is a change in design. construction, operation, or maintenance which has a significant effect on the discharge of pollutants to the waters. of the United States which has not been addressed in the SWPPP; or . 2. Inspections or investigations by site operators, local, State, Tribal or Federal officials indicate the SWPPP .i_s proving ineffective in eliminating or · significantly minimizing pollutants from sources identified under Part IV .D.1 of this permit, or is otherwise not achieving the general objectives of controlling pollutants in .storm water discharges associated with construction activity . · - D. Contents of Plan The storm water pollution prevention . plan (SWPPP) shall include the following items: 1. Site Description Each SWPPP shall provide a description of potential pollutant sources and other information as indicated below: a . A description of the nature of the construction activity; · b. A description of the intended sequence of major activities which disturb soils for major portions of the site (e .g .. grubbing, excavation, grading. utilities and infrastructure installation); c. Es timates of the total area of-the site and th e to tal area of th e site that is Federal Register/Vol. 63, No. 128/Monday, July 6, 1998/Notices 36503 expected to be disturbed by excavation, grading. or other activities including off- site borrow and fill areas; d. An estimate of the runoff coefficient of the site for both the pre- constructi on and post-c onstruction conditions and data describing the soil or the quality of any discharge from the Site; e. A general location map (e.g., a portion of a city or county map ) and a site map indicating the following: drainage patterns and a pproximate slopes anticipated after major grading activities; areas of soil disturbance; areas which will not be disturbed; locations of major structural and nonstructural controls identified in the SWPPP; locations where stabilization practices are expected to occur; locations of off-site material, waste, borrow or equipment storage areas; surface waters (including wetlands); and locations where storm water discharges to a surface water; f. Lo cation and description of any discharge associated with industrial activity other than construction. including st orm water dis charges from dedicated asphalt plants and de d icated concrete plants, which is covered by this permit; g. The name of the receiving water(s) and the areal extent and description of wetland or other special aquatic sites (as described under 40 CFR 230.3(q-1)) at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project; h . A copy of the permit requirements (attaching a copy ·of this permit is acceptable); i. Information on whether listed endangered or threatened species, or critical habitat, are found in proximity to the construction activity and whether such species may be affected by the applicant's storm water discharges or storm water discharge-related activities; and j. Information on whether storm water discharges or storm water discharge- related activities would have an affect on a propertr that is listed or eligible for listing on the National Register of Historic Places; where effects may occur, any written agreements with the State Historic Preservation Officer, Tribal Historic Preservation Officer, or other Tribal leader to mitigate those effects. 2. Controls Each SWPPP shall include a description of appropriate control measures (i.e., BMPs ) that will be implemented as part of the construction activity to co ntrol pollutants in storm water discharges. The SW PPP must clearly describe for each major activity identified in Part IV.D.1.b: (a) appropriate control measures and the general timing (o r sequence) during the constructi on process that tlie measures will be implemented; and (b) which perrnittee is resp onsible for implementation (e.g., perimeter controls for one portion of the site will be installed by Contractor A after the clearing and gru bbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site; and perimeter controls will be ·actively maintained by Contractor B until final stabilization of those portions of the site up-gradient of the perimeter control; and tern porary perimeter controls will be removed by the owner after final stabilization). The description and implementation of control measures shall address the following rriinimwn components: a. Erosion and Sediment Controls. (1) Short and Long Term Goals and Criteria: (a) The construction-phase erosion and sediment controls should be designed to retain sediment on site to the extent practicable. (b) All control measures must be properly selected, installed, and maintained in accordance with .the manufacturers sp ecifi cations and good engineering practices. If periodic inspections or other information indicates a control has been used inappropriately, or incorrectly, the perrnittee must r eplace or modify the. control for site situations. (c) If sediment escapes the · construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize offsite impacts (e.g., fugitive sediment in street could be washed into storm sewers by . the next rain and/or pose a safety hazard to users of public streets). _ · (d) Sediment must be removed· from- sediment traps or sedimentation ponds when design capacity has been reduced by 50%. . (el Litter, construction debris, and construction chemicals exposed to storm water shall be prevented-from becoming a pollutant source for storm . water discharges (e.g., screening outfalls, picked up daily). (0 Offsite material storage areas (also including overburden and stockpiles of dirt, borrow areas. etc.). used solely. by the permitted project are considered a part of the project and shall be addressed in the SWPPP . (2) Stabilization Practices: The SWPPP must include a description· of interim and permanent stabi lization practices for the s ite. including a ~chedule of when the practices will be imp lemented. Site plans should th . . enSUre at ex1st mg vegetation is preserv d where attainable and that disturbed portions of the site are stabilized. e Stabi liza tion practices may inchid b 1 .. d e ut are not im1te to : establishment of temporary veg etati.on, establishment of perman.ent vegetat10_n: mulching, geotextiles, sod stabilization, vegetati buffer strips, protection of trees ve preservation o.f mature vegetati~n. and other app ropnate measures. Use of impervious surfaces for stabilization . should be avoided. The following records shall be maintained and attached to the SWPPP : the dates when major grading activities occur; the dates when construction acti vities temporarily or permanently cease on a portion of the site; and the dates whe n stabilization measures are initiated. Except as provided in Parts IV .D.2 .a.(2)(a). (b). and (c ) below, stabilization measures shall be initiated as soon as practicable in portions of the site wh ere construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portibn of the si te has temporarily or permanently ceased. (a) Wh ere the initiation of stabi li zation measures by the 14th day after construction activity temporary or permanently cease is precluded.by snow cover or frozen ground conditions, stabiliza tion measures shall be initiated as soon as practica ble. (b ) Where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 21 days. temporary stabi lization measures do not have to be initiated on that portion of site.· (cl In arid areas (areas with an average annual rainfall· of 0 to 10 inches), semi- arid areas (areas with an average annual rainfall of 10 to 20 inches), and areas experiencing droughts where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased . is precluded by seasonal arid conditions, stabilization measures shall be initiated as soon as practicable. (3) Structural Practices: The SWPPP must include a description of structural practices to divert flows from exposed soils. store flows or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree at tainable , Structural practices may include but a re not limited to: silt fences . ea rth dikes. drainage swales. sediment traps. c heck dams. subsurface drains. pipe slope drai ns, level spreaders, s torm d rain inlet protection, ''· ... •: 36504 Federal Register /Vol. 63 , N o . 1 2 8 I Monday, July 6, 1998 I Notices rock outlet protection, reinforced soil retaining sy stems, gabions, and temporary or permanent sediment basins. Placement of structural practices in floodplains should be avoided to the degree attainable. The installation of these· devices may be subject to section 404 of the CW A. (a) For common drainage locations that serve an area with ten (10) or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from a 2 y ear, 24 hour storm from each disturbed acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the site. Where no such calculation has been performed, a temporary (or permanent) sediment basin providing 3 ,600 cubic feet of storage per acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the s ite. When computing the number of acres d raining into a common location it is not necessary to include flows from offsite areas and f1ows from onsite areas tha t are either u ndisturbed or have undergone final stabilization where s uch f1 ows are divened around botµ the d isturbed area and the sediment basin. In de termining whether install ing a sediment basin is attainab le, the permittee ma y c onsider fac tors such as site soils, slope, available area on site, etc. In any event, the permittee must consider public safety , especially as it relates to children, as a design factor for the sediment basin and alternative sediment contro ls s hall be used where site limitations would preclude a safe design. For drainage locations which serve ten (10) or more disturbed acres at one time and where a temporary sediment basin or equivalent controls is not attainable, smaller sediment basins and/or sediment traps should be used. Where neither the sediment basin nor equivalent controls are attainable due to site limitations, silt fences, vegetative buffer strips. or equivalent sediment controls are .required for all down slope boundaries of the construction area and for those side slope boundaries deemed appropriate as dictated by individual site conditions. EI' A encourages the use of a combination of sediment and erosion control measures in order to achieve ·maximum pollutant removal. . (b) For drainage locations serving less than 10 acres, sm·aller sediment basins and/or s ediment traps should be used. At a minimum, s ilt fences, vegetative buffer str ips . or equivalent s ediment contro ls are required for all down slope bound ar ies (and fo r thos.e s ide s lope b o u n d ari es dee med a ppropriate as dictated by indi vidual s ite c ondiU~n~) of the construction area unless ·a sediment basin providing storage for a calculatyd volume of runoff from a 2 year, 24 hour storm or 3,600 cubic feet of storage per acre drained is provided. EPA encourages the use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal. b. Storm Water Management. A description of measures that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed must be included in the SWPPP. Structural measures should be placed on upland soils to the degree attainable. The installation of these devices may also require a separate permit under section 404 of the CWA. Permittees are only responsible for the installation and maintenance of storm water management measures prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated with constructi on a ctivity have been eliminated from the site. However, post- constructi on s torm water BMPs that discharge pollutants from point sources once construction is c ompleted may, in themselves, need authorization under a separate NPDES permi t. (1 ) Such practices may include but are not limited to : storm water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetated swales and natural depressions; infiltration of runoff onsite; and sequentialsystems (which combine several practices). The SWPPP shall include an explanation of the technical basis used to select the practices to control pollution where flows exceed . predevelopment levels. (2) Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g., no significant changes in ·the hydrological regime of the receiving water). c. Other Controls. (1) No solid materials, including building materials. shall be discharged to waters of the United States, except as authorized by a permit issued under section 404 of the CW A. (2) Off-si te vehicle tracking of sediments a nd the generation of dust shall b e min i mized. (3) The S WPPP s hall b e c onsistent with a p p licable S tat e, T ribal and/or local waste disposal, sanitary sewer septic system regulations to the ext~~~ these are located within the permitted area. · (4) The SWPPP shall include a description of construction and waste m~terials expected to be stored on-site with updates as appropriate. The · SWPPP shall also include a description of controls to reduce pollutants from these. material~ i;11c~uding storage practices to m1rum1ze exposure of the materials to storm water, and spill prevention and response. (5) The SWPPP shall include a description of pollutant sources from areas other than construction (including storm water discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. (6) The SWPPP shall include a description of measures necessary to protect listed endangered or threatened species, or critical habitat, including any terms or conditions that are imposed under the eligibility requirements of Part l.B.3.e(4) of this permit. Failure to describe and implement such measures will result in storm water discharges from construction activities that are ineligible for coverage under this permit. d. Approved State, Tribal or Local Plans. (1) Permittees which discharge storm water associated with construction activities must ensure their storm water pollution prevention plan is consistent with requirements specified in applicabl.e sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by State; Tribal or local officials. (2) Storm water pollution prevention plans must be. updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment and erosion site plans or site permits, or storm water management site plans or site permits approved by State, Tribal or local officials for which the permittee receives written notice. 3. Maintenance All erosion and sediment control measures and other protective measures identified in the SWPPP must be maintained in effective operating condition. If site inspections required by Part IV .D.4 . identify BMPs that are not operating effectively. maintenance shall be performed before the next anticipated storm e vent. or as necessary to maintain th e co ntinued e ffec t iveness of storm Federal Register I Vol. 63, No. 128 I Monday, July 6, 1998 I Notices 36505 water controls. If maintenance .prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicab le. 4. Inspections Qualified personnel (provided b~ the permittee or cooperatively by multiple permittees) shall inspect disturbed areas of the construction site that have not been.finally stabilized. areas used for storage of materials that are exposed to precipitation, structural control . measures, and locations where vehicles enter or exit the site, at least once every fourteen (14) calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sitesllave been finally or temporarily stabilized, runoff is .un.likely due to winter conditions (e.g., site is covered with snow, ice, or frozen ground exists), or during seas_onal arid periods in arid areas (areas with ~ average annual rainfall of 0 t_o 10 inches) and semi-arid areas (areas with an average annual rainfall of 10 to 20 inches) such inspections shall be conducted at least once every mo.nth. Permittees are eligible for a waiver of monthly inspection requirements until one month before thawing conditions are expected to result in a discharge if all of the following requirements are met: (1) the project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e., more than one month); (2) land disturbance activities have been . suspended; and (3) the_ beginn~ng and ending dates of the waiver penod are documented in the SWPPP . a . Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be i ns~ected for evidence of, or the potential for, pollutants entering the drainage system. Sediment and erosion control measures identified in. the SWPPP shall be observed to ensure ·that they· are. operating correct! y. Where ~clicitge locations or points are accessible, they shall be inspected to ascertain . .whe.the~ erosion control measures are effective m preventing significant impacts to receiving waters. Where discharge locations are inaccessible, nearby downstream locations shall be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site shall be inspected for evidence of offsite sediment tracking . b . Based on the results of the inspection. the SWPPP shall be modified as necessary (e.g .. show additional c ontrols on map required by Part IV .D.l : revise description of controls requi red by Part IV .0.2) to include additional or modified.BMPs designed to correct problems identified. Revisions to the SWPPP shall be · completed within 7 calendar days following the inspection. If existing BMPs need to · be modified or if additional BMPs are necessary. implementation shall be completed before the next anticipated storm event. If implementation befor~ the next anticip_ated storm event is impracticable , they shall be implemented as soon _a~ practicable. · c. A report summarizmg the scope of the inspection, narne(s) and . . qualifications of personnel m.aking ~e inspection, the dat~(s) of the. inspection, and major observations relating to the implementation of the SWPPP shall be made and retained as part of the SWPPP for at least three years from the date that the site is finally stabilized. Major observations should include: the location(s) of discharges of sediment or other pollutants from the site; location(s) of BMPs that need to be maintained ; location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; and location(s) where additional BMPs are needed that did not exist at the time of inspection. Actions tak~n in ac.cordance with Part IV .D.4.b of this pernut shall be made and retained as part of the storm water pollution prevention plan for at least three years from the date that the site is finally stabilized. Such reports shall identify any incidents of non- compliance. Where a report does not identify any incidents of non-. compliance, the report s.h~ll ~o~tam a certification that the facility is m compliance with the storm water. pollution prevention plan ai:d this. permit. The report shall be s1gn~d m accordance with Part VI.G of this permit. 5. Non-Storm Water Discharges .. Except for flows from fire fighting activities, sources of non-storm water listed in Part III.A.2 or 3 of this permit that are combined with.storm water discharges associated with construction activity must be identified in the SWPPP . The SWPPP shall identify and ensme the implementation of appropriate pollution prevention measures for the non-storm water component(s) of the discharge. Part V. Retention of Records A. Documents The permittee shall retain c~pies of storm water pollution preven~10n pla~ and all reports required b y this perrmt, and record s of all data use d to complete the Notice o f Intent to be covered by this permit , for a pe riod o f a t le a s t three years from the date that the site is finally stabilized. Thi.§ period may be extended by request of the Director at any time. B. Accessibility The permittee shall retain a copy of the storm water pollution prevention plan required by this permit (including a copy of the permit language) at the construction site (or other local location accessible to the Director, a State, Tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; or the operator of a municipal separate storm sewer . receiving discharges from the site) from the date of project initiation to the date of final stabilization. Permittees with day-to-day operational control over SWPPP implementation shall have a copy of the SWPPP available at a central location on-site for the use of all operators and those identified as having responsibilities under the SWPPP whenever they are on the construction site. C. Addresses Except for the submittal of NOis and NOTs (see Parts II.C and VIII.B, respectively), all written correspondence concerning discharges . in any State, Indian Country land or from any Federal facility covered under this permit and directed to the EPA, including the submittal of individual permit applications, shall be sent to the address listed below: United States EPA, Region 6 , Storm V'{ater Staff, Enforcement and Compliance-Assurance Division (GEN-WC), EPA SW . Construction GP , P.O . Box 50625; Dallas, TX"'75205 . Part VI. Standard Permit Con~itions A. Duty To Comply 1. The Permittee Must Comply With All Conditions of This Permit Any permit noncompliance' · . constitutes a violation of CW A_ and~ grounds for enforcement ac~on; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions The Director will adjust the civil an~ administrative penalties listed below m _ accordance with the Civil Monetary Penalty Inflation Adjustment Rule- ( Federal Register:· December 31, 1996, Volwne 6 1 . Number 252. pages 69359- 69366 . as c orrected. March 20, 1997, Volume 5 2 . N um ber 54. pages 13514- 36506 __ _ Federal Registex:/Vol. 63, No. 128 /Monday, July 6,.1998 /Notices 13517) as mandated by the Debt · Collecti on Improv~ment Act of 1996 for inflation on a periodic basis. This.rule allows EP A' s penalties to keep pace with inflation. The Agency is required to review its penalties at least once every four y ears thereafter and to adjust them as necessary_ for inflation according to a specified formula. The civil and administrative penalties listed below were adjusted for inflation starting in 1996 . a . Criminal. (1) Negligent Violati ons. The CWA provides that any perso_n who negligently violates permit conditions implementing sections 301, 302, 306, 307, 308 , 318,. or 405 of the Act is subject to a ·fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. (2) Knowing Violations. The CWA provides that any person who knowing ly violates permit conditions implementing sections 301, 302, 306, 307, 308, 318 . or 405 of the Act is sub ject to a fi ne of not less than S5 ,000 nor more than SS0 ,000 per d ay of violati on. or by impri sonment for not more than 3 years, or both. (3) Knowing Endangerment. The CWA provides that any person who knowingly vi olates permit conditions implementing sections 301 , 302, 306, 307 , 308, 318, or 405 of the Act and who knows.at that time that he is placing another person in imminent danger of death or serious bodily injury is subject to a fine o f not more than $250,000, or by imprisonment for not more th;rn, -15 years, or both. (4) False Statement. The CWA provides that any person who knowingly makes any false material statement, representation, or certification in any application, record,. report, plan, or.other document filed or required to be maintained under the Act ·or who knowingly falsifies, tampers · with. or renders inaccurate, any .monitoring device or method required to be maintained under the Act, shall upon conviction, be punished by a fine of _not more than $10 ,000 or by imprisorunent for not more than two years, or by both. If a conviction is for a violation committed after a first • conviction of.such person under this paragraph. punishment shall be by a fine of not more than $20,000 pe_r day of violation, or by imprisonment of not more than four years, or by both. (See section 309 .c.4 of the Clean Water Act). b. Civil Penalties. The CWA provides that any person who violates a permit conditi on implementin g sections 301, 302 . 30 6 , 307 . 308, 31 8 . or 405 of the Act is s u bject to a civil pena lty not to I _exceed $27 ,500 per day for each violation. c. Administrative Penalties. The CWA provides that any person who violates a · - permitcondition implementing sections 301, 302, 306 , 307, 308, 318, oi: 405 of the Act is subject to an administrative penalty, as follows: · (1) Class I Penalty. Not to exceed $11,000 per violation nor shall the maximum amount exceed $27,500. (2) Class II Penalty. Not to exceed $11,000 per day for each day.during.. which the violation continues, nor shall the maximum amotint-exceed $137,500. B. Continuation of the Expirf!_.d .General Permit ' If this permit is not reissued -or replaced prior to the expiration date. it will be administratively continued in accordance with the Administrative Procedures Act and remain in force and effect. Any permittee who was granted permit coverage prior to the expiration date will automati cally remain covered by the continued permit until the earlier of: 1. Reissuance o r replacement of this permit .. at which time the permittee must comp ly w i th the Notice of Intent conditions of the new permit to maintain authorization to discharge; or . 2. The permittee's submittal of a Notice of Termination; or 3. Issuance of an individual permit for the permittee's discharges; or 4. A formal permit decision by the Director not to r eissue this general permit. at which time the perrii.itte_e; must seek coverage under an alternative general permit or an individual.permit. C. Need To Halt or Reduce ActiVi.ty Not a Defense · It shall not be·a defense for a permittee in an enforcement action that it would have been necessary· to halt or reduce the permitted activity in order to · maintain compliance with the · conditions of_this permit. D. DutyTo' Mitigate The permittee shall take. all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. · E. Duty To Provide Information · The permittee shall furnish to the. _ Director or an a uthorized representative of the Director any information which .is requested'to determine compliance· with this permit or o ther information. . F. Other In f orm a tion When the permittee becomes aware . that h e or s h e fail e d to s u b mit any ~elevant ~ct~ or submitted incorrect . mformauon in the Notic~ of Intent or in any other report to the Direcfor, he or ~he shall.promptly submit such facts or information. G. Signatory Requirements All Notices of Intent, Notices of Termination, storm water pollution · prevention plans, reports, certifications: or information either submitted to the Director or the operator of a large or medium municipal separate storm sewer system, or that this permit requires ~e maintained by the permittee, shall be signed as follows: 1. All Notices of Intent and Notices of Termination shall be signed as follows: a.· For a corporation: by a responsible corporate officer. For the purpose of this section, a ·responsible corporate officer means: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function,. or any other person who performs Similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, producti on or operating facilities . employing more than 250 persons or having gross annual sale.~_or expenditures exceeding $25 ,000,000 (in second-quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietor.ship: by a general P.artner or the proprietor, respectively; or · c. For a municipality, State, Federal. or other public agency: by either a principal executive officer or ranking elected offfcial. For purposes of this.· section, a principal executive officer of a Federal agency i.n:cludes (1) the chief executive officer. of the agency, or (2) a senior executive offic~r having responsibility for the overall 'operations of a principal geographic unit of the · : agency (e.g., Regional Administrators of EPA). . . 2. All reports required by this permit .. and other information.requested by the - Director or authorized representative of ' the Director shall be signed by a person described above or by a duly authorized representative of that person.· A person is a duly authorized representative only if: a. The authorization is made in writing by a person described above and submitted to the Director ... b. The authorization specifies either an individual or.a position having responsibility for the overall operation of the regulated facility or activity, such as the position of manager. operator. superintendent , or position of · equi vale nt respo n si b ility o r an :I ·-:-.. Federal Register I Vol. 63, No. 1 2 8 /_Mo nday, July 6, 1 998 I Notices 3_6_5971. indivi dual or positio n having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual.or any individual occupying a named position). c. Changes to Authorization. If an authorization under Part Il.B is no longer accurate because a different operator has responsibility for the overall operation of the construction site , a new Notice of Intent satisfying the requirements of Part Il.B must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative. The change in authorization must be submitted within the time frame specified in Part II .A.3, and sent to the address specified in Part Il.C. d. Certification. Any person signing documents under Part VI.G shall make the following certification: "I certify under penalty of law that this d ocument and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and eva luated the information submitted. Based on my inquiry of the person at 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." H. Penalties for Falsification of Reports Section 309(c)(4) of the Clean Water Act provides that any person who knowingly makes any false material statement, representation, or certification in any record or other documefrt,5ubmltted or required to be ·maintaiii.ed u,nder this permit, including reports of compliance or noncompliance shall. upon conviction, be punishea by a fine ·oTnot -more th_an $10,000, or by imprisonment for ·not ·more than two years, or by both. I. Oil and Hazardous Substance Liability 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 under section 311 of the CWA or section 105 of the Comprehensive· Environmental Respon se , Compensation and Liability_ Actof 198 0 (CERCLA ). /. Property Rights appropriate Regional Office indicat d .. The issuance of this p ermit does not Part V.C of this permit. The request lD. convey any property rights of any sort,· be gr~nted by issuan~e of any indiVi~ nor any exclusi ve privileges-. nor does it permit or an alternative general permit · authorize an y injury to private property if the reasons cited by the permittee are nor any invasion of personal rights; nor adequate to support the request. · · · : any infringement of Federal, State or . 3· When an indi'-'.1dual NPDES permit local laws or regulations. _ is is sued to a permittee otherwise · · · sub je ct to this permit. or the· permittee . K. Severability is authorized to discharge under an The provisions of this permit are alternative NPDES general permit the severable , and if any provision of this app licability of this permit to the' permit, or the application of any indivi dual NPDES permittee is provision of this permit to any automatically terminated on the circumstance, is held invalid, the effective date of the individual permit or application of such provision to other the d ate of authorization of coverage circumstances, and the remainder of unde r the alternative general permit, this permit shall not b_~ affected thereby. which ever the case may be. When an individual NPDES permit is denied to L. Requiring an Individual Permit or an an owner or operator otherwise subject Alternative General Permit to this permit, or the owner or operator 1. The Director may require any is denied for c overage under an person authorized by this permit to alternative NP DES general permit, the apply for and/or obtain either an app li cability of this permit to the individual NPDES permit or an individual NPDES permittee is alternative NPDES general permit. Any automatically terminated on the date of interested person may petition the such d enial, unless otherwise specified Director to take action under this by the Director. . paragraph. Where the Director requires M. State /Tribal Environmental Laws a permittee authorized to discharge under this permit to applyfor an 1. Nothing in this permit shall be individual NPDES permit, the Director construed to preclude the institution of shall notify the permittee in writing that any legal action or relieve the permittee a permit application is required. This from any responsibilities , liabilities,"or · notification shall include a brief penalti es established pursuant to any statement of the reasons for this app lica ble State/Tribal law or regulation decision, an application form, a under authority preserved by section statement setting a deadline for the-510 of the Act. . permittee to file the application, and a 2· No condition of this peifllit sh~ll statement that on the effective date of release the permittee from any . issuance or denia.J. of the in.dividual responsibility or requirements under other environmental statutes or NPDES-permit or the alternative general regu lations. permit as it applies to the indiVidual permittee, coverage under t.l:iis general N . Proper Operation . and Maintenance permit shall automatically terminate. The permittee ~hall at all tim~s ,. Applications shall be submitted to the properly operate and maintain all appropriate Regional Office indi<?lted in facilities and systems of treatment and· Part V.C of this permit. The Dii-ector control (and related appurtenances) may grant additional time-to submit the which are installed or used.by the application upon request of the · · . permittee to achieve compliance with applicant If a permittee fails-to submit the conditions of this permit arid with in a timely manner an individual the requirements of storm water NPDES permit application as required -· pollution prevention plans. Proper .. by the Director under this paragraph, -operation and maintenance also then the applicability of this permit'to includes adequate laboratory controls· the individual NPDES permittee :is and appropriate quality assurance automatically terminated at the ·end of procedures. Proper operation and · the day specified by the Director for maintenance requires the operation· of -~::_ . application submittal. ' . backup or auxiliary facilities or similar "·· 2. Any permittee authori zed by this . systems, installed by a permittee only ' permifmay request to be excluded.from when necessary to achieve compliance the coverage of this permit by applying with the conditions of this permit · for an individual permit.In such ·cases, the permittee s hall submit an individual 0. Inspection and Entry application in accordance with the-· The permittee shall allow the Director requirements of 40 CFR 122.25(c)(1 )(i i), or an authorized representative of EPA. with reasons supporti ng the request, to the State/Tribe, or, in the case of a the Directo r a t th e address for the c on structio n s ite w hich discharges 36508 Federal Register /Vol. 63 . No . 128 /Monday, July ·6 ,. 1998 /Notices =====~~========~===========~.· ~h rou gh a munici pal separate storm sewer, an authorized representative of the munici pal owner/operator or the separate storm sewer receiving the discharge. upon the presentation of credentials and other d ocuments as may be required by law, to: 1. Enter up on the permittee's premises where a,regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit; 2. Have access to and copy at reasonab le tim es. any records that must be kept under the conditions of this permit; a nd . 3. Inspect at r easonable times any facilities or equipment (including monitoring and control equipment). P. Pennit A ctions This permit may be modified, revoked and reissued, or terminated for cause . The fili ng of a request by· the permittee for a permit modification, revocation and reissuance, or t erm ination. or a notification of planned changes or anticipated noncompliance does not stay any permit condition. Part VII. Reopener Clause A. [f there is evidence indicating that the storm water discharges authorized b y th is permit cause, have the reasonable potential to cause or contribute to , a violation of a water quality standard. the permittee may be required to obtain an individual permit or an alternative. general permit in accorqance with Part I.C of this permit, or the permit may. be modified to include different limitations and/or requirements. B. Permit modification or revocation will be c orrducted according to 40 CFR 122.52 , 122.63, 122.54-and 124.5. C. EP /\ may propose a modification to this permit after further discussions between the Ag~ncy and the AdVisory Council on Historic Preservation for the protection of historic properties. Part VI~. Termination ·ofcOverage A. Notice of Termination _. Perrnittees must submit a completed Notice of Termination (NOT) that is signed in accordance with Part VI.G ·of this permit w hen .one or more of the conditions contained in Part l.D.2. (Terminating Coverage) have been met at a construction project. The NOT form found in Addendwn D will be used unless it has been.replaced by a revised version by the Director. The Notice of Termination shall include the following information: 1. The NPDES permit number for the storm water discharge identified by the Notice of Termi nation : 2. An indicat ion of whether the .storm · B . Addresses water discharges asso.ciated with construction activity have been eliminated (i.e .. reg ulated discharges of storm water are being terminated) or the permittee is no longer an op erator at the site ; 3 . The name , address and telephone · 1. All No tices of Termination, signed. in accordance with Part VI.G of this ' . permit. are to be sub mitted using the · form provided by the Director (or a · ·photocopy thereof), to the address specified on the NOT form . number of the pennittee submitting the Part IX. Definitions Notice of Term ination ; A. Best Management Practices 4. The name of the project and street ("B lvfP s") means schedules of activities address (or a description of location if prohibitions of.practices, maintenance ' no street address is available) of the procedures , and oth er management constructio n site for which the practices to prevent or reduce the . notification is s ubmitted; discharge of pollutants to waters of the s. The latitude ·and longitude of the · United States. BlvfPs also include · constructi on s ite ; and treatment requirements, operating 5. The following c ertification, signed procedures , and pra ctices to control . in accordance with Part VI.G (signatory plant site runoff, spillage or leaks, requirements ) of this permit. For sludge or wa ste disp osal, or drainage 'from raw material storage. construction projects with more than B. Control Measure as used in this one permittee and/or operator, the d l k thi permit. re fers t o an y Best Management permittee nee on Y ma e ·s Practice or other method used to certification fo r tho se portions of the prevent or re duce th e discharge of construction site where the p ermittee pollutants to waters of the United was a uthorized under this permit and States. not for areas where the perrnittee was · C. Commencement of Cons truction not an operator: the initial disturbance of soils "l certify under penalty of law that all associated with cl earing, grading, or storm water di sch arges a ssociated with excavating activities or other industrial activity fro m the identified constructi on activities. facility that author ized by a general 0 . CWA means the Clean Water Act or permit h ave been eliminated .or that l the Federal Water Pollution Control Act, am no longer the operator of the facility . 33 U .S.C. § 1251 et seq . or construction site. I understand that E. Direc to r means the Regional by submitting this notice of termination, Administrator of the Environ.mental I am no longer authorized t o discharge Protecti on Agency or an authorized storm water associated with industrial representative. activity under this general permit,. and F . Disch arge when used without that discharging pollutants in storm qualification means the "discharge ofa water associated with industrial activity pollutant." to waters of the Un i ted States is G. Discharge of Storm Water unlawful under the Clean Water Act Associated Wi th Cons truction A ctivity where the d ischarge is not authorized by as used in this permit, refers to a a NPDES permit. I .also ll:°derstand that .<J.ischarge of pollutants in storm water . the si:bm:ttal of this Notice of . .1 • :.. runoff from areas where .soil dist~bing Termmation d~es :1?t release~ . activities (e.g., clearing, grading~ or opera.tor from liab1hty fo~ any v10l_ations. excavation), construction materials or of this"permit or the Clean Water Act.'.'. equipment storage or maintenaJ?.ce· (e.g .. · For the purpo~es of this certificatio~; fill piles. borrow areas, concrete truck elimination of stOrm wa~er discharges . washout. fueling). or other industrial associated with construction activity storm water directly related to the means that all disturbed soils at the ·construction process (e.g .. concrete or . portion of the c onstruction site where : . asphalt batch plants) are located. the operator had c ontrol have· been · H. Facility or Activity means any finally stabilized (as defined in Part OCI) NPDES "point source" or any other and temporary erosion and sediment facility or activity (including .land or control measures have been removed or appurtenances thereto) that is subject to will be n;;noved at an appropriate time regulation under the NPDES program. : to ensure final stabilization is · l. Final Stab ilization means that. maintained . or.that all s torm water either: discharges associated with c onstruction 1. All soil d isturbing activities at the . activities from the identified site that site have been completed and a. uniform · are authorized by a NPDES general .(e.g., even ly distrib uted , without large · permit have otherwise been eliminated · bare a rea s) pe rennial vegetative cover. from the po r t ion of the c onstruction site with a de nsit y of 7 0% of the native where the o perator h ad c ontrol. bac kground vegetative c over for the area . ~ ·.· Federal Register I Vol. 63, No. 128/ Monday1 July .6 •. 1998 I Notices has been established on all unpaved areas and a reas not covered by .permanent structures, or equivalent permanent stabilization measures (such as the use of riprap. gab ions, or geotextiles)_have been employed. In some parts· of.the country, background native vegetation will cover less than 100% of the ground (e.g .. arid areas. beaches). Establishing at least 70% of the natural cover of native vegetation meets the vegetative cover criteria for final stabilization (e.g., if the native vegetation covers 50% of the ground, 70% of 50% would require 35% total cover for final stabilization; on a beach with no natural vegetation, no stabilization is required); or 2. For individual lots in residential construction by either: (a) the homebuilder completing final stabilizati on as specified above, or (b) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of. fina l stabilization. (Homeown.ers typicall y h ave an incentiv e to put in landscaping functiona lly equivalent to final s tab ilization as quick as possible to keep mud out of their homes and off their-sidewalks and driveway s.); or 3. For construction projects on land used for agricultural purposes (e.g ., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities , such as buffer strips immediately adjacent to "waters of the United States ," and areas .Y{hich . are not being returned to their · preconstruction agricultural use must meet the final stabilization criteria in (1) or (2) aQove·. J. Flow-Weighted Composite Sample means a composite sample consisting of a mixture of aliquots collected at a constant time interval. where the volume of each aliquot is proportional to the flow rate of the discharge. K . Large and Medium Municipal Separate Storm Sewer System means.-all municipal separate storm sewers that are either: 1. Located in an incorporated place (city) with a population of 100,000 or . more as determined by the latest Decennial Census by the Bureau of Census (these cities are listed in · Appendices F and G of 40 CFR 122); or 2. Located in the counties with unincorp o rated urbanized populations of 100 ,000 or more. e xcept municipal separate s to rm sew ers th a t are loc ated in the inco r po ra ted p lac es . to wn ship s or towns within s uch counties (these counties are listed in Appendices H and I of 40 CFR 122 ); or . 3 . Owned or operated by a municipality other than those described in paragraph (i) or (ii) and that are · designated by the Director as part of the large or medium municipal separate · ·storm sewer system. L. NO! means Notice of Intent to be · covered by this permit (see Part II of this permit). M. NOT means Notice of Termination (see Part VIII of this permit). N. Operator for the purpos~ of this permit and in the context of.storm water associated with construction activity, means any pkty associated with a . construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or · 2. The party has day-to-day operational control of those activitie~ at a project which are necessary to ensure compliance with a storm water pollution prevention plan for the site or other permit conditions (e.g:, they are authorized to direct workers at a site to carry out activities reqy.ired by the SWPPP or comply with other permit ·conditions). This definition is provided to inform permittees of EP A's interpretation of how the regulatory definitions of "owner or operator" and "facility or activity" are applied to discharges of storm water associated with "' · constructi,~m activity. . 0. Owner or operator means the owner or operator of any "facility or activity" subject to regulation under the R. _Runoff coefficient means the , . fracuon o f total rainfall that will appe~ at the conveyance· as runoff. . . . . , S . Storm Water means storm water.' runoff, snow tnelt runoff, and surface '. runoff and drainage. · T . Storm Water Associated With : Industrial Activity is defined at 40 CFF 122.26(b)(14) and incorporated here by reference. Most relevant to this permit 40 CFR 122.26(b)(14)(x), which relates to co~structio_n activity including . . .. cleanng, grading and excavation activities that result 1n the disttirbance of five (5) or more acres of total land area, or are part ofa larger commo"n pla of development or sale. U. Waters of the United States mean: 1. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreiE commerce, including all waters which are sub ject to the ebb and flow of the tide; 2. All interstate waters , including interstate "wetlands"; 3 . All other waters such as interstate lakes , rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes , wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: a. Which are or could be used by interstate or foreign travelers for recreational or other purposes; b . From which fish or shellfish are 01 could be taken and sold in interstate or foreign commerce; or c. Which are used or could be used ft industrial purposes by industries in interstate commerce; 4. All impoundments of waters otherwise defined as waters of the United States under this definition; NPDES program. . P. Point Source means any discernible, confined, and :discrete conveyance, including but not limited to, any pipe, ditch, channel; tunnel, conduit, well; discrete fissure, 5. Tributaries of waters identified in -• paragraphs (a) through (d) of this . 'defutition; · container, rolling stock. concentrated animal feeding operation, landfill · leachate collection system,,vessel or other floating craft from which, "i pollutants are or may be. discharged. This· term does not include return flows from irrigated agriculture or agricultural storm water runoff: Q. Pollutant is defined at 40 CFR 122.2. A partial listing from "this · . definition includes: dredg'ed 'spoil, solid waste , sewage, garbage. sewage sludge. chemical wastes, biological materials, heat, wrec ke d o r discarded equipment, rock . sand. c e ll a r dirt, and industrial or m u ni cipa l wa s te . ' .6. The territorial sea; and 7. Wetlands adjacent to waters·(other than waters that are themselves · wetl;mds) identified in paragraphs 1. througg 6. of this definition. Waste treatment systems, including treatment ponds or lagoons des_i~ed to meet the ·requirements of the CN A (other than cooling ponds for -steam electric generation stations per 40 CFR · 423 which also meet the criteria of this definilion) are not waters of.the United States. Waters of the United States do. not include prior converted cropland .. Notwithstanding the determination of an area 's s tatus as prior converted cropland b y an y other federal agency. for the p urpo ses o f the Clean Water.Act the fina l auth o r it y re ga rd in g Cle an 36510 Federal Register I Vol. 63, No. 128 I Monday, Jlily 6, 1998 I Notices Water Act jurisdiction remains with EPA. Part X. Permit Conditions Applicable to -Specific States and Indian Country Lands The provisions of this Part provide additions to the applicable conditions of Parts I through IX of this permit to reflect specific additional conditions required as part of the State or Tribal CW A Secti on 401 ce1 i:ification process. The additional revisions and requirements listed below are set forth in connection with. and only apply to, the following States and Indian .Country lands. 1. LAR1o•##I: Indian Country Lands in the State of Louisiana No _ additional requirements . 2. NMR10•###: The State of New Mexico, Except Indian Country Lands No additional requirements. 3. NMR10·##!: Indian Country Lands in the State of N ew Mexico , Except Navajo Reservation Lands (see Region 9) and Ute lvfountain Reservation Lands (see Region B) ·a. Puebl o of Isl eta . Copies qf Notices of Intent (N OI). Notices of Termination (NOT). and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to the Pueblo of Isleta 's Environment Department , Water Quality Program. . (1) Part II.C.2 of the permit is added as follows: Special NOI Requirements for the Pueblo of Isleta. NOis shall also be submitted to the Pueblo of Isleta's , Environment Department, Water Quality Program. concurrently with their submission to EPA.at the following address: Isfeta Environment Department, Water Quality Program, Pueblo ofrsleta, PO Box 1270,.Isleta, · New Mexico 87dZt. · ·· · ., · (2) Part VIII.B.2 is added to the p~fIIlit as follows: -_ · . Special NOI Requirements fo'r the Pueblo of Isleta. NOTs shall a!So be submitted to the Pueblo of Isleta's Environment Department, Water Quality Program. concurrently with their submission to· EPA. NOTs are to be sent to the address given in Part II .C.2. (3) Part IV .A.3 is added to the permit as follows: Special Storm Water Pollution __ Prevention Plan Requirements for the Pueblo of Isleta. Storm water pollution prevention plans must be submitted to the Pueblo of lsleta Environment Department , Water Qua lity Program. te n worki n g days prior to com mencing the project o n Pueblo of lsleta tribal lands. SWPPPs are to be s ent to the address given in Part II.C.2. b . Pueblo of N ambe. Gopies of Notices of Intent (NOI), Notices of Termination (NOT), and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to the _Pueblo of Nanibe · Department of Environment and Nafu.rci.l Resources. · (1) Part II.C.2 is added to the permit as follows : Special NOI Requirements for the Pueblo of Nambe. NOis shall also be submitted to the Pueblo of Nambe Department of Environment and Natural Resources at the same time they are submitted to EPA at the following .. address: Pueblo ofNambe, Department of Environment and Natural Resources, Route 1Box11788, Santa Fe, New Mexico 87501, Phone (505) 455-2036, Fax (505) 455-2038. (2) Part VIII.B.Z i s added to the permit as follows: Special NOT Requirements for the Pueblo of Nambe. NOTs shall also be submitted to the Pueblo of Nambe Oeoartment of Environment and Natural Resources at the same time they are subm itted to EPA. NOTs are to be sent to the address give n in Part II.C.2. · · (3) Part IV .A .3 is added to the permit as follows: Special Storm Water Polluti on Prevention Plan Requirements for the Pueblo of Nambe. Storm water pollution prevention plans must be submitted to the Pueblo of Nambe Department of Environment and Natural Resources before the project on Pueblo· of Nam be tribal lands begins. SWPPPs are to be sent to the addJ:ess given in Part II.C.2. c. Pueblo of Picuris. Copies of Notices of Intent (NOI). Notices of Termination (NOT). and Storm Water Pollution - Prevention Plans (SWPPPs) must be submitted to the Pueblo of Picuris Environment Department. (1) Part II.C.2 is added to the permit as follows: Special NOI Requirements for the ·- Pueblo of Picuris. NOis shall also. be submitted to the Pueblo of Picuris -· Environment Department at the same time they are submittedto EPA at the following address: Pueblo of P icuris, Environment Department, P.O. Box 127, Penasco. New Mexico 87553, Phone -· (505) 587-2519, Fax (505) 587-1071. (2) Part VIII .B.Z is added to the permit as follows: Special NOT Requirements for the Pueblo of Picuris. NOTs shall also be submitted to the Pueblo of Picuris Environment Department at the same time they a re submitted to EPA. NOTs are to be sent to the address give n in Part 11.C.2. (3) Part IV .A.3 is added to the p~nnit . _ as follows: · . . . Special Storm Water Pollution ... Prevention Plan Requfrements for the Pueblo of Picuris. Storm water pollution prevention plans must be submitted to· . the Picuris Environment Department before the project on Pueblo of Picuris tribal lands begins. SWPPPs are to be sent to the address given in Part II.C.2. · d. Pueblo of Pojoaque. Copies of.·· Notices of Intent (NOI), Notices of Termination (NOT). and Storm Water Pollution Prevention Plans (SWPPPs) must be submitted to the Pueblo of Pojoaque Environment Department · Pirector. (1) Part II.C.2 is added to the permit as follows : Special NOI Requirements .for the · Pueblo of Pojoaque . NOis shall also be submitted to the Pueblo of Pojoaque Environment Department Director at the same time they are submitted to EPA at the follow ing address: Pueblo of Pojoaque . Environment Department, Route 11 , P.O . Box 208, Santa Fe, New Mexico 87501, Phone (505) 455-3383, Fax (505 ) 455-3633 . (2) P ar t VIII.B.2 of the permit is added as follows : Special NOT Requirements for the Pueblo of Pojoaque. NOTs shall also be · submitted to the Pueblo of Pojoaque Environment Department Director at the same time the.y are submitted to EPA. NOTs are to be sent to the address given. in Part II.C.2 : . · (3) Part IV .A.3 is added to the permit as follows: · s ·pecial Sto::m Water Pollution Prevention Plan Requirements for the Pueblo of Pojoaque. Storm water pollution prevention plans must be submitted to the 'Pueblo of Pojoaque En vironrnent Department Director _ before the project on Pueblo of Pojoaque tribaLlands begins. SWPPPs are to·be ·-· sent to the address given in Part II.C.Z. e. Pueblo of San Juan. No additional requirements. f. Pueblo of Sandia. Copies of Notices of Intent (NOI), Notices of Termination (NOT), and. Storm Water Pollution · Prevention Plans (SWPPPs) must be submitted to the Pueblo of Sandia Environment Department. ' ~ (1) Part II.C.2 of the permit is added as follows : Special NOI .Requirements for the · Pueblo of Sandia. NOis snall also be submitted to the Pueblo of Sandi"> Environment Department at the same · -.-. time the y are submitted to EPA at the.·- following address: Pueblo of Sandia,. ' Environment Department, Box 6008, Bernalil lo, Ne w Mexico 87004. Phone (505) OG?-4533; fax(5 05) OG7-9235. ·-. ·."/. ' .. Federal Register I Vol. 63, No: 128 /M_onday, July . 6, 1,_998 I Notices (2 ) Part VIII.B .2 is added to the permit as follows: Special NOT Requirements for the Pueblo of Sandia. NOTs shall also be submitted to the Pueblo of Sandia Environment Department at the same tin:le they are submitted to EPA. NOTs are to be sent to ~e address given in Part II.C.2. (3) Part IV.A.3 is added to the permit as follows: , Special Storm Water Pollution Prevention Plan Requirements for the Pueblo of Sandia. Storm water pollution prevention plans must be submitted to the .Pueblo of Sandia Environment Department before commencement of the project on Pueblo of Sandia tribal lands. SWPPPs are to be sent to the address given in Part .II.C.2. · g. Pueblo of Tesuque. Copies of Notices of Intent (NO!), Notices of Termination (NOT). Storm Water Pollution Prevention Plans (SWPPPs). inspection reports, all certifications and "other information" must be submitted, . by hand delivery or certified mail, to the Pueblo of Tesuque . (1) Part 11.C.2 of the permit i s added as follows: Special NOI Requirements for the Pueblo of Tesuque. NOis shall also be submitted to the Pueblo of Tesuque at least five (5) days prior to any ground · disturbing activity at the following address: Pueblo of Tesuque, Environment Department, Route 5, Box 3260-T, Santa Fe, New Mexico 87501, Phone(505)983-2667;Fax(505)982- 2331. (2) Part VIII.B.2 is added to the .permi~ as follows: Sp_ecial NOT Requirements for the- Pueblo ofTesuque. NOTs shall also be submitted to the Pueblo ofTesuque _at the same time they are submitted to EPA. NOTs are to be sent to the address given in Part II.C.2. . .· (3) Part IV.A.3 is added to the permit -!lS follows:· _Special Storm Water Pollution Prevention Plan Requirements for the . Pueblo of Tesuque. Storm water pollution prevention plans must be submitted to the Pueblo ofTesuque at least" five (5) days prior to any ground · disturbi~g activity on Pueblo of Tesuque tribal lands. SWPPPs are to be· sent-to the address given in Part II.C.2. (4) Part V.D is added to the permit as . follows: .Special Reporting Requirements for . the Pueblo of Tesuque. Copies of all certifications required by Section IV.D. and copies of "other information" required by Section_Vl.F shall be provided to the Pueblo ofTesuque. by ·hand d elivery or certified mail. Also. copies o f a ll inspection reports required under Section IV .D .4.c. shall be submitted within five (5) days of completion of the inspection. All information sent to the Puebio of Tesuque is to be sent to the address given in Part II.C.2. , · · h. Santa Clara Pueblo. Copies of Notices of Intent (NOI) and Notices of Termination (NOT) must be submitted to the Santa Clara Pueblo Governors Office with a copy to the Office of Environmental Affairs. (1) Part I.C.4. is added to the permit as follows: Special Authorization Requirements for the Santa Clara Pueblo: Prior to submitting a Notice of Intent, the operator must obtain permission from the Santa Clara Governors Office to do the construction. If the project is approved by the tribal administration, the operator may proceed with submitting a Notice of Intent (NOI). (2) Part II.C.2 is added to the permit as follows: Special Numeric Limitations fi . : .. : . .'. Discharges from Ready-Mixed· ea· or ·:· ·'': ·. Pl t . th S . .. ncrete ai;i s m e late. ofTexas:~xcept .··-:·~ ._ Indian Country lands. All disrl;;,.;...,; -· · ' : fr d . ~5es .of · storm water om rea y-mixed can<:ret . plants cove.red by this permit mlist : >.8 . comply with the folloWing ·limitatio ''> · , ns. pH-Between 6 .0 and 9.0 standard·un.its Oil an~ Grease-15 mg/las a daily ·· maximum · Total Suspended SolidS-4>5 mgh as a daily maximum · . · These limitations must be taken iiito account when designing the storm water control measures to be used for areas draining any ready-mixed concrete ·: ~ plants operated by the permittee. · 7 . TXR10*##I: Indian Country Lo.nds in the State of Texas · · No additional requirements. Addendum A-Endangered Sp':Cies I. Instructions for Applicants A. Background To meet its obligations under the Clean Water Act and the Endangered Species Ai::t Special NOI Requirements for the Santa Clara Pueblo. NOis shall also be submitted to the Santa Clara Pueblo · Governors Office with a copy to the Office of Environmental Affairs at least two (2) weeks prior to the start of construction at the following address: Santa Clara Governors Office, PO Box 580, Espanola. New M~xico 87532, Phone(505) 753-7326;Fax(505) 753- 8988. . -(ESA) and to promote those Acts' goals. the Environmental Protection Agency (EPA) is seeking to ensure the activities regulated by the Construction General Permit (CGP) are protective of endangered and threatened. species and critical habitat Tei ensure that those goals are met. applicants for ccp · coverage are required under Part I.B.3.e. to (3) Part VIII.B .2 is added to the permit as follows: • Special NOT Requirements for the. Santa Clara Pueblo. NOTs shall also be submitted to the 'santa Clara Pueblo Governors Office with a copy to the Office of Environmental Affairs at least two (2) weeks prior to the start of construction. NOTs are to be sent to the address given in Part II.C.2 . . . i. All Other Indian Country lands in New Mexico. Nb additional requirements. . . ; · .. 4. OKR10*##I: Indian Country Lanqs in the State of Oklah_oma No additional requirements;.:' 5. OKR10*##F: Oil and··Gas Sites in the State of Oklahoma No additional requirements. 5. TXR10*###: The State of Texas,· Except Indian Country Lands a. Part III of the permit is modified as. follows: Change the title of Pait III . (Special Conditions, Management Practices , and other Nod-Numeric Limitations) t~: Part III. Special Conditions, Management Practices, and other Umitations. b . Part !ILG is added t o the permit as follow s: assess the impacts of their storm water discharges and storm water discharge-related activities on Federally listed endangered.and .threatened species ("listed species") ·and designated critical habitat ("critical habitat") by following Steps One through Six listed below. EPA strongly recommends that applicants .follow . these steps .at the ·earliest possible ~tage to ensure that measures to protect listed spajes.and critical .habitat are incorporated early in the planning process. · At minimum, the procedures should be · · . followed when devefoping the storm water pollution prevention plan. .-· .· Pennittees and3pplicants al59 have an . independent ESA obligation to ensure tha.~ -· their activities do not result in any prohibited "takes" of listed speci°es.' Many of the · measures requ~d in the· CGP and in thes~ , instructions to protect species may also assist permittees in ensuring that their construction activities do not result in a prohibited . take of spedes in violation o( § 9 of the ESA. Applicants who plan construction activities in areas that harbor endangered ai;id . · threatened species are advised to ensure that 1 Section 9 of the ESA prohibits any person from • "talcing" a listed species (e .g., harassing or harming it) unleu: (l) the talr.ing is authoriz.ed through_.a .. "Incidental talr.e statement" as part of undergoing · ESA § 7 formal consultation: (2) where an incidental talr.e permit is obtained .under ESA § 10 (which requires tho development of• habitat conservation plan ); or (3) where otherwise · · authorized or oxcmpted u nder t ho ESA. This . prohibition app lie s to all e nt iti es including privato indiv id ua ls. bus inesses . .i nd go vernments. 36512 Federal Register I Vo l. 63 , No . 128 /Monday, . .July:.6",:.J__J98 I Notices the y are ?rotecte d from potentia l taki ngs . liab ility under. ESA §.9 by o btaining either an ESA § 10 permit o r by requesting fonnal consul tation under ESA § 7 (as d escribed in more detail in Step Seven below). Applicants who seek. protection from takings liability should be aware·that it is ·possib le that some specific construction activities may be too unrelated to storm water discharges to be afforded incidental take coverage through an · .ESA § 7 consultation that is performed to meet the eligibility requirements for CGP coverage. In such instances, applicants should apply for an ESA § 10 permit. Where applicants are not sure whether to pursue a § 10 permit.or a § 7 consultation for takings protection. they should conier with the appropriate Fish and Wildlife Service (FWS) or.National Marine Fisheries Service (NMFS) office. This permit provides for the poss ibility of multiple permittees at a construction site. Applicants should be aware that in many cases they can meet the permit eligibility requirements by re iying on another operator's certification of eligi bility under Part I.B.3 .e .(2)(a). (b ). or (c ). This is allowed under Part l.B.3.ec(Z)(d) of the permit. However, the other ooerator's certificition mus t aoolv to the app.licant 's pro ject area and mus·t ·address the effects from the ap!Jl icant's· s torm water discharges and storm water disch arge-related activities on listed species and critica l habitat. By certifying eligibility under Part l.B.3.e.(2)(d). the ap!J licant agrees to comply with any measures or c ontrols upon which the.other operator's certification u nder Part l.B.3.e.(2)(a), (b ) or (c l was based. T hi s situation will typ ically occur. where a developer or primary contractor. such as one for construction of a subdivision or industrial .·park, conducts-a comprehensive assessment of effects on listed soecies and-critical habitat for the entire cons~c ti on project. certifies eligibility under Part l.B ~3.e .(2 )(a ), (b ) or (c), and lhat certification is relied upon by other ooerators (i.e., contractors ) at the site. However. applicants that consider re ly ing on another operator's certification should carefy.lly_ review that certification along with any supporting information. !fan applicant does not believe that the operator's certification provides· adequate· coverage for the applii:ant's storm water discharges and storm water discharge-related activities or for. the applicant's particular pro)ect area. the applicant should provide its own · independent certification under Part I.B .3.e.(2)(a), (b), or (c ). B. Procedures To receive coverage under the Construction Gen.era! Permit. app licants must assess the potential effects of their storm water discharges and storm water discharge-related ·.activities on listed soecies and their critical habitat: To make this assessment. applicants must follow the ste?s outlined below prior to completing and submitting Notice of Intent (NO!) form. J'\.pplicants who are able to . certify eligibility under Parts l.B .3.e .(Z)'(b). (c) or (d) because o f a p rev iously. issued ESA § 10 permit. a previous ly completed ESA § 7 consultation, or bec ause the appl icant's activit ies \vere al rea dy ad d ressed in another operatar·s c ert ific at ion of el ig ib il ity may pro c ee d d irer.th· to Step :;ix. Note.-T h e revised NO! form.which was T~ese sources include: Sections II :and ·n{0 £' ... · included in the CGP (see 62 FR 29822-29823, this A ddendum: EPA's Office .ofW~teviate?.::· June 2. 1997) requires that applicants provide '. .. Management's web page at "http:// .. : · detailed certification information on listed · · · www.epa.gov/owm" where updates ·oftiie'. ···· species. That form is still under development county-by-county list will be posted.on: a/.'.:'.".· and is· n ot expected to be finalized before this periodic basis; Federal Register Notice$;'. ·: ::_:': .-. permil is issued. Until the revised NOI form .. · S_tat~ wildlife protec?on office~; a bio_l0gist ~r · is finalized, applicants must use the existing sl.IIlllar professional in the envU'Onmental . · : NO! form which does not contain the -specific field; or any other method which can· be certification provisions relating to listed reasonably expected to provide this . . . species and citical habitats at construction . information. Applicants with construction , projects. However, use of the existing NOI .projects located in EPA Region 2 and Regfon • form does not relieve applicants of their 6 can call the Storm Water General Permits obligation to follow the procedures listed ·Hotline at (800 ) 245-6510 for further below to determine if their construction assistance, while applicanis with. projects _ · storm water discharges or storm water · · 10cated in EPA Regions l, 3, 7, 8, 9 ·and .10 discharge-related activities meet-permit .. may· contact the appropriate EPA Regional·.· eligibility ~guirements for the protection. of Office. · · : · listed species and critical habitaL By . · Where a facility is located in more than· ... following these instructions. applicants will · one county, the lists for all counties should .. have sufficient information on lis~ed species be reviewed. Where a facility discharges .. ili.to and critical habitat in order to complete a water body which serves as a border. either the existing or revised NOI form and between counties or which crosses a county line which is in the immediate vicinity of the s ign the c ertification statement. point of discharge. applicants should also · Step One: Determine if the Construction Site review the species list for the county which Is Found Within Designated.Critical Habitat lies immediate ly downstream or is across the f or Listed Species water body from the point of discharge. After a review of the available information Some, but not all. listed species have from the sources mentioned.above, if no. designated cr it ical habitaL Exact locations of listed species are located in a facility's such habitat is provided in the Service county o r if a facility 's county is not listed, regu lations at SO CFR Parts 17 and 226. To and the c onstruction site is not located in d etermine if their construction site occurs critical h abitat as described under Step One, within d esignated critical habitat, applicants an app li cant is el igible for CGP coverage should e it her: without further inquiry into the presence of, • Contact the nearest Fish and Wildlife or effec: to. listed species. The applicant Service (FWS ) and National Marine Fisheries must check the appropriate certification item Service (N MFS ) Office . A list of FWS and th · d NO!£ (P I B 3 r2)( )) NMFS Or.fices i·s found in Section II of this on e r evise arm art ... e."i a ., Once the applicant has determined which Addendum; or listed soecies are located in his or her • Contact the State or Tribal Natural facilit/s counry, the applicant must follow Heritage Centers. These centers compile· and ·Step Three. dissem inate information on Federally_ listed and other protected species. Th.ey frequently: have the most current information on listed - species and critical habitat A list of these centers is provided in Section III of this Addendum: or . · • Review those regulations (which can be found in many larger libraries). . If the construction s'ite is not located in designated critical habitat. then the appiicant does not need to consider impacts to ·critical habitat when folloWing Steps Two through · Six below . If the site is located within critical. habitat, then the applicant must•look llt impacts to critical habitat when following . Steps Two thrpugh Six. Note that many but not all measures imposed to protect listed species under-. these steps will ·also· protect _ .. critical habitat. Thus. meeting the eligibility requirements of this permit may require measures to protect critical habitat that are separate from those to protect listed SP.ecies; Step Two : Determine if Listed Species Are· Located in the County(ies) Where ·the Construction Activity. Will Occur Section IV of the Addendum contalns a ·. - county-by-county list of listed endangered and threatened species ("listed species"), and · proposed endangered and threatened species ("proposed s pecies"). Since the list was current as of September 1 . 1997, app li cants must also chec k with o ther sources for u pdated s pec ie s ~n d r.o unt y in fo rmat io n . Step Three: Detennine if an y Fedeia.lly Listed Endangered and Threatened Species-May Be Present in the Pro ject Area The project area consists of: _ • The areas on the construction site .where storm water discharges originate and flow toward· the ·point of discharge into ·the : · .. · receivmg waters (including areas where . excavation, site development. or other -. · . ground disturbance ·activities occur) 3.nei the immediate vicinity. · · · Example(s) 1. Where bald eagles n~st in a ·'ttee thatis ·. on or bordering a cons.truction site and could be disturbed by the construc:tion activity. · 2. Where grading causes storm water to _ flow into .a small wetland or other habitat . that is on the site which contains listed species. . . . • The areas where storm water discharges flow from the construction s ite to the. point -of discharge into receiving waters. · Example(s) ·-.: 1. Where storm water flows into a: ditcli, swale. or gully which leadl> to receiving· ~. waters and where listed·soecies (such as . amphibians) are found in ·the d itch. swale, or gull y . · · · · · • The areas where storm water from cons truc ti on ac tiv ities d isc h arge into rece i v tn g wate rs and the aroas ·in the . imrn i:di.1te vir.i n i1y of the po int o f d ischarge. . ' Federal 'Register/ Vol. ·63, No: .. ,128 1 / fylqn~<l:Y·.:July ..•. 6; 1998 I Notices Example(s) 1. Where s torm water from co nstructio n activities dis charges into a stream segment that is known to harbor listed aquatic · species. • The area s where ·storm water BMPs will be constructed and operated, including any areas where storm water flows to and from BMPs . . Examp le(s) 1. Where a storm water retention pond would be built. The project area will vary with the size and structure of the construction activity, the nature and quantity of the storm water discharges, the storm water dis charge-related activities and the type of receiving water. Given the number of construction activities potentially c ove~d by the CGP, no specific method to determine whether listed s pecies may be located in the project area is required for coverage under the CGP . Instead, applican ts should use the method which allows them to determine , to the best of their knowledge, whether listed species are located in their project area. Th ese methods may include: environmental ·assessme.nts under. NEPA. Such assessments may indicate if listed species are in the project area.-Coverage-. under the CGP does not trigger such an assessment because the pennit does not regulate any dischargers subject to New Source Performance Standards under Section 0 306 of the Clean Water Act, and is thus statutorily exempted from NEPA. See CWA §Sll(c). However, some construction activities might require review under NEPA because of Federal funding or other Federal involvement in the project. . If no species are found in the project area, an applicant is eligible for CGP coverage. _ Applicants must provide the necessary · certification on the revised NOI form. If listed species are found in th'e project area, applicants must indicate the location and nature of this presence in the storm water pollution prevention plan and follow S_tep Four. Step Four: Determine if Listed Species or Critical Habitat Are Likely To Be Adversely Affected by the Construction Activity's Sto nn Water Disch arges or Stonn Water Discharge· Related Activities • Conducting vi sual inspections: This To receive CGP c overage , applicants must method may be particularly s uitable for assess whether their storm water discharges construction sit es that are sm aller in si ze or or storm water d ischarge-related activities are located in non-natural settings such as highly likely to adversely affect listed s pecies or · urbanized areas or industrial parks where critical habitat. "Storm water discharge- there is little or no natural habi tat. or for related activities" include: construction activities that dis charge di rectly • Activities which cause. c ontribute to, or· into municipal st orm water collection result in point s ource storm water pollutant systems. discharges, including but not limited to • Contacting the nea res t State or Tribal excavation , site development, grading, and wildlife ag ency, the Fish and Wildlife other su rfa ce disturbance activities; and Service (FWS), or the National Marine • Measures to control storm water F isheries Service (NMFS). Many endangered discharges ·including the siting, c onstruction. and threatened species are found in well-. operation of best management practices defined areas or habitats. Such information is (BMPs) to control. reduce or prevent storm frequently known to State, Tri bal. or Federal water pollution. . wildlife ag encies. A list of FWS and NMFS Potential adverse effects from-storm water offices is p rovided in Section II of this discharges· and storm water discharge-related Addendum below. activities inclu d e: · • Contac ting local/regional conservation • Hydrological. Storm water discharges groups or the State or Tribal Na tural Heritage may cause siltation. s edimentation or induce Centers (s ee Section III of this AddendilrnJ.~-other changes in receiving waters such as State a nd local conservation groups may have · temperature. salinity or pH. These effects . location s pecific listed species information.. ~ will vary with the amount of storm water. The Natural ·Heritage Centers inventory discharged and the volume· and condition of species a.tiO. their locations and maintain lists ·the receiving water:·. Where_ a st.arm water · Of-sightings and habitats •. ·. . discharge constitutes. a minute portion of the • Submitting a data request to a Natural· total· volum'.e of the ~eiving water, adverse · Heritage Center, Many of these centers will hydrological effects are less likely. · _ provide site specific information on the Construction activity itself may also alter ·presence of Jisted species in a project area. drainage patterns on .a ·site where . . Some of these center$ will charge a fee for .construction occurs ~hich can impact listeif , ·.researching data requests. species or critical habitat. · :· :· • Conducting·a formal biological survey. • Habitat. Excavatlon, si.te development; Larger construction sites with extensive grading. and other surface disturbance · storm water discharges may choose to. activities from c onstruction act;vities, · conduct biological surveys as the most including the installation or placement'of effective way ta.assess whether s pecies are storm water BMPs, may adversely affec;t located in the project area and whether there listed species or their habitat:. Storm.water .are Iikely adverse 'effects. Biological s urveys · may drain or inundate listed spedes habitat. are' frequentl y performed by environmental • Toxicity. In s ome cases,.pollutants in · consulting fi rms . A bio logical survey can be storm water ma y have toxic effects on li sted used to follo w Steps Four through Six of species. · · · these instructions. The scope of effe cts to consider will vary • Conducting an envirorunental with each site. If the a pplicant is having assessment under the National difficulty in dete rmining whether his or her Environmental Policy Act (NE PA). Some project is likely to adversely Affec t a listed construct io n activities ma y require s pecies o r c riti c al habitat. then the appropriate _o°ffice of the FWS .. NMF:_S or ·.··:. Natural Heritage Center list~ in Sectio "fr . . and III of th.is ·Addend uni s hould be · ns cont~cted for assistance. If adverse .efr~ ·ar, not likely, t~en the ~ppli~tshould maJc~ . the appropriate certification on the.revis'ed ' . NO! ~orm and apply for coverage under the.· pe~1t. If'a dverse effects.are likely, . . ·· applicants must follow Step -Five. Step Five: Detennine if Measures Con Be . Implemented To Avoid Any Adverse-Effects If a n a pplicant makes ·a preliminary ~etermi~ation that adverse effects are likely. it can still receive coverage under Part l.B .3.e.(2)(a) of the CGP if appropriate measures· are undertaken to avoid or eliminate the likelihood of adverse effects . prior to applying for permit coverage. These ·measures may involve relatively simple changes to construction activities such as re- routing a-stonn·water discharge to bypass an area where species are located, relocating· BMPs . or by changing the "footprint" of the construction activity. Applicants may wish ti contact the FW S and/or NMFS to see what appropriate measures might be su~table _ta avoid or eliminate the likelihood of adverse impacts to li sted species and/or critical·· habitat. (See 50 CFR 402 .1 3(b).) This.can .· entai l the initiation of informal consultation with th e FWS and/or NMFS which· is describ ed in more detail in Step Six. If applicants adopt measures to avoid or eliminate adverse effects, they must continue to abide by those measures during the course of permit coverage. These measures must be described in the storm water pollution prevention plan and may be enforceable as permit conditions. If a ppropriate measW:e·s to avoid the likelihood of adverse effects are not availab le to the applicant, the applicant must follow Step Six. Step Six: Determine if the Eligibility, Requirem_ents of Part l.B.3.e.(2](b)-{d) Can ·Be Met . Where adverse effe cts a re li kely. the applicant must c ontact the EPA and FW~/ NMFS . Ap plicants may still·be eligiblefor,- CGP coverage if any likely adverse. effects caIJ be addressed through meeting tlie criteria. of Part l.B.3 .e.(2)(bHdl of the permit. These criteria are as follows: > 1. An ESA Section 7 Consultation.Is · · Performed .for the Applicant's Activity (See · Part l.B.3.e.(2)(b) . .. . Forma·l or informal ESA § 7 consulta.iio'n1s performed with the FWS and/or:NMFS · . .which addresses the effects of the applicant's storm-water discharges an.fl. s torm water discharge-related activities -on list~d species and critical habitat. The formal"consultation must"result in either a "no je opardy opinion" or a _:'jeopardy opinion" that identifies .. reasonable and prudent alternative~-to avoid jeopardy which are to be implemente.d by the \\pplicant. The in formal consultation must . result in a written c oncurrence by the -·,, Service(s) on a finding that the applican(s.: storm water discharge(s) a nd storm water discharge-related activities a re not like ly to adversely affect listed s pecies or critical ·· · habitat (for informal c onsultation. sec 50 CFR 402 . !J). .. · ... \ '36514 Federal Register I Vol. 63, No. 128 I Monday; Julyj;t:i99B I Notices ...: .. , ..• : ===================================~=========================· :.<~·-· " Most c on sultations are accomplished through informal c onsultation. By the terms of this permit. EPA has automaticall y designated applicants as non-Federal representatives for tlie purpose of conducting informal c onsultatio ns. See Part I.B.3.e.(5) and SO CFR 402 .08 and 402.13 . When conducting informal ESA.§ 7 consultation as . a non-Federal representative, applicants must follow the procedures found in SO CFR 402 . · of the ESA regulations. _ Applicants must als o notify EPA and the Services of their intention and agreement to conduct consultation as a non-Federal representative. Consultation'.may occur in the context of another Federal action at the construction sit.e (e.g .. where ESA § 7 consultation was performed for issuance. of a wetlands dredge and fill permit for the · - project or where a NEPA review is performed for the project which incorporates a section 7 consultation). Any terms and conditions . developed through consultations to protect listed species and critical habitat must be incorporated into the SWPPP. As noted abcive . applicants may. if they wish. ini tiate consulta tion with the Se rvices at Step Five. Whether ESA § 7 consu ltation must be performed with either th e FWS, NMFS or both Services de pends on the listed s pecies .which may be affected by th e applicant's activity. [n gene ra l. NMFS has jurisdiction over marine. estuarine. and anadromous species. Applicants should also be aware th at while formal § 7 consultation provides protecti on from incidental takings li ability, informal consultation d oes not: 2. An Incidental Taking Permit Under Section 10 of the ESA Is.Iss ued for the Applicants Activity (See Part l.B.3.e.(2)(c)) The applicant's construction actLvities are authorized through the is suance of a permit under § 10 of th e ESA and that authorization addresses the effects of the applicant's storm water dischacge(s) and storm water . discharge-related activities on listed species- and critical habitat. Applicants must follow FWS and/or NMFS procedures when applying for an ESA Section 10 permit (see 50 CFR § 17.22(b](1) (FWS) and §·222.22 (NMFS)). Application instructions for ;5ection 10 permits for NMFS species can .be · obtained by. (1) accessing the "Office of · 'Protected Resources'.' sector of the NMFS ·Home Page at "http:l/www:ruD.fs.gov" or.by c:Ontacting the National Marine Fisheries · Service. Office of Protected Resources, -- Endangered Species Division, F/PR3. 1315 East-West Highway, Silver Spring, Maryland 20910; telephone (301) 713-1401, fax (301) 713--0376 : 3. The Applicant Is Covered Under-the Eligibility Certification of Another Operator for the Project Area (Se e Part l.B.3.e.(2)(d)). The applicant's s torm water.discharges and storm water· discharge-related activities were ·already addres_sed in another operator's certification of eligibility under Part l.B .3.e.(2)(b). or (c) wh ich also included the applicant's project area. By.certifying eligibility u nder Part l.B .3.e.(2)(d), the applicant ag rees to comply with any measures or co ntro ls u pon which the other operatcir 's c ertific:ition under Part Ul .J.e .(Z)(a). (h) o r (c l was based . Certification under Part l.B.3.e.(2)(d) is . discussed in more detail in Section I.A. of . this addendum. ; · The applicant must comply with any: terms and conditions imposed under the eligibility . requirements of paragraphs l.B .3.e(2)(a), (b), · (c), (d)'to ensure that its storm water discharges and storm water discharge-related activities are protective of listed species and/ at critical habitat. Such terms and conditions must be incorporated in the project's SWPPP. Ifitlie eligibility requirements of Part I.B.3.e.(2)(aJ=(d) cannot be met, then the applicant-may not receive coverage under.the CGP . Applicants should then consider applying to EPA foran individual permit. II. List of Fish and Wildlife Service and National Mmne Fisheries Service Offices A. U.S. Fish and Wildlife Service Offices National Website for Endangered Species Information Endangered Species Home page: http :// www.fws.gov/r9endspp/endspp;htrnl Regional, State. Field and Project Offices USFWS Region Two Regional Office Division Chief, Endangered Species. U.S. Fish and Wildlife Service, ARD Ecological Services. P.O. Box 1306, Albuquerque. NM 87103 . State, Field, and Project Offices {Region Two) Field Supervisor. U.S. Fish and Wildlife Service. Corpus Christi Field Office, 6300 Ocean Dr:. Campus Box 338, Corpus Christi. TX 78412 Field Supervisor, U.S. Fish and Wildlife Service, Arlington Field Office, 711 ·stadium Dr .. East. Suite 252, Arlington. TX , 76011 Field Supervisor. U.S . Fish and Wildlire Service, Clear Lake ·Field Office, 17629 El Camino Real , Suite 211, Houston,. TX 77058 Field Supervisor, U.S . Fish.and Wildlife- Service, Oklahoma Field Office, 222 S. Houston. Suite a. Tulsa, OK 74127 Office. 1360 U.S. Hwy 1. #5: P .O. Box 2676. Vero Beach. FL 32961-2676 Field Supervisor. U.S. Fish·and Wildlife Service, Caribbean Field Office. P .O. Box 4-~i'l, Boqueron, PR 00622 --· · · Field -Supervisor. U.S. Fish and Wildlife .. · Service. Puerto Rican Parrot Field Office P .O . Box 1600, Rio Grande, PR 00745 ' Field Supervisor, U.S. Fish and Wildlif~ Service. Brunsw ick.Field Office, 4270 Norwich Street, Brunswick, GA 31520:. 2523 Field Supervisor. U.S. Fish and Wildlife Service, Jacksonville Field, Office, 6620 Southpoint Drive S ... Suite 310; Jacksonville. FL 32216--0912 Field Supervisor, U.S. Fish and Wildlife . Service, Charleston Field Office, 217 Ft. Johnson Road, P:O. Box 12SS9;·Charleston, SC 29422-2SS9 Field Supervisor, U.S. Fish and Wildlife Servic e, Clemson F.O .. Dept. of Forest Resources. 261 Lehotsky Hall, Box 341003, Clemson. SC 29634-1003 ' Field Supervisor. U.S. Fish and Wildlife Service. Raleigh Field Office, P.O. Box 33726, Raleigh. NC 27636-3726 _ Field Supervisor, U.S. Fish and Wildlife Service. Cookeville Field Office, 446 Neal · St.-eet. Cookeville, TN 38501 Field Supervisor, U.S . Fish and Wildlife Service. Asheville Field Office,. 160 Zillicoa Street. Asheville. NC 28801 Field Supervisor, U.S. Fish and Wildlife Service, Daphne Field Office, P.O. Drawer 1190, Daphne, AL 36526 _ Field Supervisor, U.S. Fish and Wildlife Service. Vicksburg Field Office , 2524 S. Frontage Road, Suite B. Vicksburg, MS 39180-S269 . Field Supervisor, U.S. Fish and Wildlife Svc., · Lafayette Field Office, Brandywine II, Suite · 102, 825 Kaliste Saloom ·Road, Lafayette, . LA 70508 Field Supervisor. U.S. Fish.ai:J.d Wildlife . Service, Jackson Field Office, 6578 Dogwood View Pkwy Suite A. Jackson, MS 39213 .. .B. National Marine Fisheries Service Offiees The National Marine Fisheries Service is· ~ ......... :"', -....... . ...... Field Supervisor, U.S. Fish-and Wildlife Service; New-Mexico Field Offiee,-2105 ·_ , ·Osuna, NE, Albuquerque, NM 87113 developing a database.to provide county.and '- ,territorial'water (up to three.miles offshorel.:-. Field Supervisor, U.S. Fish and Wildlife Service; Austin Ecological Serv. Field Office, 10711 Buriiet Road. Suite 200, Austin, TX 78758 Field Supervisor. U.S . Fish and Wildlife Service, Arizona State Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951 U~FWS Region Four . . information on the presence of endang~. · ·and threatened species. and critical·hidiital.; .. The database is-projeCted to be available-to "the public sometime in Decem~r 1997. The database should be found at the.''Office-of · ·-Protected Resources" site on the.NM.FS . Homepage at "http://~.nmis.gov'•. Regional and r:iel.d O,ffice Southeast Region Protective Species Management Branch •. · Regional Office National Marine Fisheries Servii:e, Division Chief. Endangered Species,~U.S. Southeast Region. 9721 Exec:Utive Center Fish and Wildlife Service, ARD-· ·Drive, St. Petersburg.,Florida 33702-243.2 . Ecological Services, 187S Century Blvd., -. ill N tural H .1· C t Suite 200, Atlanta, GA 30345 · • ·a · en age en ers . •: · . · . . · . · ' · . The Natural Heritage Network comprises Stdte, Field, and Pro1ect Offices (Region FourJ '85 biodiversity data centers throughout.the · Field Supervisor. U.S. Fish and Wildlife Western Hemisphere. These cen~ers .collect, Service. Panama City Field Office. 1612 organize, and share data relating to June Avenue. Panama City, FL 32405-3721 ·endangered a nd threa tened species and Field Supervisor. U.S. Fish a nd Wildlife habitat. The network w as developed to Serv ice. So uth Florida Ecosystem Field inform la n d -use decisions for deve lopers. ~-·· . Feder~ Register I Vol. . 63, Nd. iza / M~n9,ay,;J1:1lY/f?,: '1:9~8 /Ngtic;:es. ·-· 3651: cOrP!J~tl~n.s", co~e~tlonists, and · · · : IV~ c:Ouriti ~·ofEndaiig~;and ."~ ·~ ::· -·· .reli~ve applicants or pemuttees of thei ". government agencies and is .also consulted Threatened Species · · · · " '.::. • . ·: .. · ~ponsibility to comply with applicab~e for research and educational purposes.The. ·J:>lease see.February t7 ._ tg98, Fedentl · :. · Stat~, T~bal or Ioc:al ·laWs for the protection centeri niam'taiil a Natur.ll Heritage Network . Register VoL 63 no." 31 for county by countr ofhistonc properties. . . Control Server Website (http:// · · · s w WWW.hen.tao·e.tnc.org) which pro""'da• -.. listing or contact EPA Region 6. term. ater . ·Ad-den·d· um. 'C-R. __; J ;."...· ..;_ • . :· • 0 •• <>J • Hotliile (1,....aoo-24s;..o510). EPA's:Office of · . .. . . -ev.is-=u .Notice oflntent , websile and other access to ·a large number-Wastewater Management's web page at · Form . . ' . of si>eCific biodiversity centers. So!Ile of these· centers are listed below: . ."http:J/www.epa.gov/owm" will post . .. . . The Notice of Intent Corin (EP A35. perj.odic updates of the county-by~unty. list. replaces "the Notice of Intent fi . 10-9) You may also check the list.of endangered· · ... , .351 0-s (8-98 )) The . 8d foorm .<EP~ · Oklahoma Natural Hetj~ge Inventory 0klahoma Blological'Survey, i11 East Cliesapeaka ~treet. Uiii.versity of · Oklahoma". No~ .OK 73019--0575, 405/ 325-1985 Fax: 4<>5/325-7702, Web site:· http:/ /obssun02.uomor.edu/biosurvey/ on.hi/home.html · ... , Louisiana Natural Heritage Progr;un Department of Wildlife lk Fisheries, P.O. Box 98000, Baton .Rouge, LA 70898-9000, 504/ 765-2821 Fax: 504/765-2607 Navajo Natural Heritage Program P.O. Box 1480, Window Rocle, Navajo Nation, AZ 86515, (520t 871-7603, (520) 871-7069 (FAX) . Texa5 Biologii:al and Conservation Data System ' 3000 South IH-35 , Suite 100, Austin, TX 78704 ~ 512/912-7011 Fax: 5121912-7058 and threatened. species published by-the Flsh -. . . •. rev:s .. rm _ is and Wildlife Service on the Endangered · containe~ .m th_is Adde~i:fum.. AcC:ording to · S~es Home Page (http://www.£Ws.gov/ the provlSlons m · P_art Il.B ;1 of this penni t. . -r9endspp/enddspp.htm) which is also applicants are retninded .they must certify attached to the FWS Home Page in the· that they meet all eligibility requirements of "Nationwide Activities Category". List of Part LB . of this permit anJ. .are informing the speci!'s under NMFS jurisdiction· can be Director of their ~tent to be covered by, and found on the NMFS Homepage comply with, those terms arid conditions. (http:www.nmfs.gov) under the ."Protected These conditions include certifications that &:5?urces ~gram." Lists ~d maps of · 'the applicant's storm water discharges and cntical habitat c:an be found lJ1 the Code of · storm water-related discharge activities w ill Federal Regulations (CFRs) at 50 CFR parts not-adversely affect listed· endangered or 17· and 226. ' threatened species. or their critical habitat .. Addendum B-Historic Properties EPA may modify this permit to include (Reserved) provisions relating to historic preservati on . Instructions related to-historic preservation BIWHG cooe 6560-00-? have not been included in the permit at .this time. EPA may modify the permit to include . such provisions at a later date. This does not .. . ~... . -- ... . ! APPENDIX F STORM WATER POLLUTION PREVENTION PLAN SHEET