Laurel St SWPPP_Rec'd 03.27.24
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
Stormwater Pollution Prevention Plan (SWPPP)
For:
Valley Community Development
256 Pleasant Street, Suite A
Northampton, MA 01060
(413) 586-5855
SWPPP Prepared By:
Berkshire Design Group
4 Allen Place
Northampton, MA 01060
(413) 582-7000
SWPPP Preparation Date:
February 13, 2024
Estimated Project Dates:
Project Start Date: April 1, 2024
Anticipated Completion Date: April 2, 2025
NPDES ID:
MAR10039H
Stormwater discharges from construction activities (such as clearing, grading, excavating, and stockpiling) that disturb
one or more acres, are regulated under the National Pollutant Discharge Elimination System (NPDES). Prior to
discharging stormwater, construction operators must obtain coverage under an NPDES permit, Construction General
Permit (CGP).
This document was prepared for use by the Contractor for control of stormwater during construction. The Contractor
shall provide any additional information, signatures, forms, certifications, and EPA application as required for full
compliance with the NPDES Construction General Permit (CGP). The Contractor is fully responsible for the proper
management of stormwater during construction.
This document can, and should, be modified by the Contractor before or during construction to ensure that
stormwater is properly managed and in full compliance with the NPDES CGP, and to allow for the contractor’s
proposed means and methods of construction.
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TABLE OF CONTENTS
1. CONTACT INFORMATION/RESPONSIBLE PARTIES .......................................................................... 2
1.1. 24-Hour Emergency Contact ...................................................................................................................... 2
1.2. Operators .................................................................................................................................................... 2
1.3. Subcontractors/Secondary Operators ........................................................................................................ 2
1.4. Stormwater Team ....................................................................................................................................... 2
2. SITE EVALUATION, ASSESSMENT, AND PLANNING ......................................................................... 2
2.1. Project/Site Information ............................................................................................................................. 3
2.2. Discharge Information ................................................................................................................................ 3
2.3. Nature of Construction Activity .................................................................................................................. 4
2.4. Sequence and Estimated Dates of Construction Activities ......................................................................... 5
2.5. Allowable Non-Stormwater Discharges ...................................................................................................... 6
2.6. Site Maps .................................................................................................................................................... 6
3. DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS ................................. 7
3.1. Endangered Species Protection .................................................................................................................. 7
3.2. Historic Preservation .................................................................................................................................. 7
3.3. Safe Drinking Water Act Underground Injection Control Requirements ................................................... 7
4. EROSION AND SEDIMENT CONTROLS ............................................................................................ 8
4.1. Natural Buffers or Equivalent Sediment Controls ...................................................................................... 8
4.2. Perimeter Controls ..................................................................................................................................... 8
4.3. Sediment Track-Out .................................................................................................................................... 8
4.4. Stockpiled Sediment and Soil ..................................................................................................................... 9
4.5. Minimize Dust ........................................................................................................................................... 10
4.6. Minimize the Disturbance of Steep Slopes ............................................................................................... 10
4.7. Topsoil ...................................................................................................................................................... 10
4.8. Soil Compaction ........................................................................................................................................ 11
4.9. Storm Drain Inlets ..................................................................................................................................... 11
4.10. Site Stabilization ....................................................................................................................................... 11
5. POLLUTION PREVENTION STANDARDS ........................................................................................ 13
5.1. Potential Sources of Pollution .................................................................................................................. 13
5.2. Spill Prevention and REsponse ................................................................................................................. 13
5.3. Fueling and Maintenance of Vehicles ....................................................................................................... 14
5.4. Storage, Handling and Disposal of Construction Products, Materials and Wastes .................................. 15
6. INSPECTION AND CORRECTIVE ACTION ....................................................................................... 17
6.1. Inspection Personnel and Procedures ...................................................................................................... 17
6.2. Corrective Action ...................................................................................................................................... 18
6.3. Delegation of Authority ............................................................................................................................ 18
7. TRAINING .................................................................................................................................. 19
7.1. Requirements ........................................................................................................................................... 19
7.2. Training Log .............................................................................................................................................. 19
8. CERTIFICATION AND NOTIFICATION ............................................................................................ 20
9. REFERENCES .............................................................................................................................. 21
10. SWPPP APPENDICES ................................................................................................................... 22
Valley Community Development February 13, 2024
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1. CONTACT INFORMATION/RESPONSIBLE PARTIES
1.1. 24-HOUR EMERGENCY CONTACTS
Laura Baker Bryan Culliton, Project Manager
Valley Community Development Allegrone Companies
256 Pleasant Street, Suite A 126 Lewis Wharf
Northampton, MA 01060 Boston, MA 02110
(413) 586-5855, ext. 100 (413) 207-1566
lb@valleycdc.org brculliton@allegrone.com
www.allegrone.com
1.2. OPERATOR
Contractor
Bryan Culliton, Project Manager
Allegrone Companies
126 Lewis Wharf
Boston, MA 02110
(413) 207-1566
brculliton@allegrone.com
www.allegrone.com
1.3. SUBCONTRACTORS/SECONDARY OPERATORS
See Appendix M.
1.4. STORMWATER TEAM
List the name and role of all members of the Stormwater Team. This includes everyone that oversees
implementation of the SWPPP and construction of Erosion Control or Stormwater work. Update this list
if the team members change.
Name Company Phone Email
Laura Baker Owner (413) 586-5855,
ext. 100 lb@valleycdc.org
Bryan Culliton Allegrone
Companies (413) 207-1566 brculliton@allegrone.com
Mason Mongeon Marion
Excavating (413) 536-1267 mason@marionexc.com
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2. SITE EVALUATION, ASSESSMENT, AND PLANNING
2.1. PROJECT/SITE INFORMATION
Project Name and Address
Residential Development
23 Laurel Street
Northampton, MA 01060
(914) 656-3670 (413) 259-1000Project Latitude/Longitude
42° 18’ 32” N / -72° 38’ 53” W
Source:
☐ USGS topographic map (specify scale: )
☐ EPA Web site
☐ GPS
☒ Google Maps <https://maps.google.com/>
Project Horizontal Reference Datum
☐ NAD 27
☒ NAD 83 or WGS 84
☐ Unknown
Additional Project Information
Is the project/site located on Indian country lands, or located on a property of religious or cultural
significance to an Indian tribe? ☐ Yes ☒ No
Is application for permit coverage as a “federal operator” as defined in Appendix A of the 2012 CGP?
☐ Yes ☒ No
Existing Zoning & Land Use
The site is located in the Urban Residential B (URB), Overlay: SG_c – Smart Growth Overlay “c” zoning
district. The project is located at 23 Laurel Street in Northampton, Massachusetts.
Cover includes open space, wooded areas, a gravel apron, a small portion of existing asphalt driveway
and a small shed. Stormwater runoff is generally sheet flow. Drainage throughout this area is from the
northeast to the southwest with the low point of the site on the southwest corner adjacent to Laurel
Street. Runoff has been observed at this location flowing into Laurel Street and down the curb line. A
small portion of the site drains south to the adjacent lot and is currently mostly open space.
Discharge Information
Does the project/site discharge stormwater into a Municipal Separate Storm Sewer System (MS4)?
☒ Yes ☐ No
Are there any surface waters that are located within 50 feet of the construction disturbances?
☐ Yes ☒ No
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Table 1 – Names of Receiving Waters
Name(s) of the first surface water that receives stormwater directly from the site and/or from the MS4
1. Mill River
2.
3.
Table 2 – Impaired Waters / TMDLs
Is this surface
water listed as
“impaired”?
What pollutant(s)
are causing the
impairment?
Has a TMDL
been
completed?
Title of the TMDL document Pollutant(s) for which
there is a TMDL
1. ☐ Yes
☒ No ☐ Yes
☒ No
2. ☐ Yes
☐ No ☐ Yes
☐ No
3. ☐ Yes
☐ No ☐ Yes
☐ No
4. ☐ Yes
☐ No ☐ Yes
☐ No
Method(s) used to determine whether or not the project/site discharges to an impaired water:
USEPA Discharge Mapping Tool
Table 3 – Tier 2, 2.5, or 3 Waters
Is this surface water designated as a
Tier 2, Tier 2.5, or Tier 3 water?
(see Appendix F)
Tier (2, 2.5, or 3)
1. ☐ Yes ☒ No
2. ☐ Yes ☐ No
3. ☐ Yes ☐ No
4. ☐ Yes ☐ No
2.2. NATURE OF CONSTRUCTION ACTIVITY
General Description
Valley Community Development is proposing to develop the property at 23 Laurel Street with the
construction of a 20-unit housing development, driveway and parking, sidewalks, walkways and
common areas.
Berkshire Design Group has prepared a Stormwater Management plan for the site in compliance with
the standards in the Massachusetts Stormwater Handbook. This report summarizes the design of the
system and documents how the design complies with those standards.
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This project encompasses the 1.67-acre property at 23 Laurel Street which is currently a mixture of
woods and open grass areas with a paved asphalt driveway.
The project abuts Laurel Street to the west, a commercial development to the east and residential uses
to the north and south. A one-way driveway with angled parking is proposed with two curb cuts onto
Laurel Street. All units are planned for ADA accessibility. Overall drainage for the area is to the south
where two infiltration/detention systems are proposed, one open basin and one subsurface. Site plans
were prepared for permitting and construction and are included in Appendix A.
Site drainage attenuation will be provided by the following: Roof runoff from the proposed buildings
and most of the paved driveway and parking areas will be directed to the two infiltration/detention
systems to be recharged into the groundwater. Overall, the peak discharge rates will be reduced from
pre-development conditions.
Limited runoff from the proposed driveways will sheet flow toward Laurel Street.
Soil disturbing activities will include: installation of erosion and sediment controls; excavation for
structures, utilities and site grading; construction of proposed site features; and preparation for final
seeding and planting.
Project Size
Property: 1.67 acres
Disturbed Area: 1.67 acres
Maximum Area Disturbed at One Time: 1.67 acres
Construction Support Activities
None
2.3. SEQUENCE AND ESTIMATED DATES OF CONSTRUCTION ACTIVITIES
General Sequence of Construction
The general order of construction activities at the site will be as follows:
1. Install stabilized tracking pads.
2. Install erosion control barriers.
3. Remove all remaining site demolition material from the site and dispose of in accordance with
local, state and federal regulations. Suitable soils may remain for reuse if applicable.
4. Conduct earthwork and excavation as required.
5. Construct buildings and structures.
6. Stabilize temporary and permanent lawn areas with temporary seed cover.
7. Install new site utilities and stormwater management system.
8. Install new pavement and hardscape.
9. Spread topsoil on completed areas. Seed and mulch.
10. Install landscape plantings as per plans.
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11. Establish permanent turf.
12. Remove erosion control measures as disturbed areas become stabilized.
Estimated Project Schedule
See Detailed Schedule in Appendix N.
2.4. ALLOWABLE NON-STORMWATER DISCHARGES
Type of Allowable Non-Stormwater Discharge Likely to be Present?
Discharges from emergency fire-fighting activities ☐ Yes ☒ No
Fire hydrant flushing ☐ Yes ☒ No
Landscape irrigation ☒ Yes ☐ No
Waters used to wash vehicles and equipment ☒ Yes ☐ No
Water used to control dust ☒ Yes ☐ No
Potable water including uncontaminated water line flushing ☒ Yes ☐ No
Routine external building wash down ☒ Yes ☐ No
Pavement wash waters ☒ Yes ☐ No
Uncontaminated air conditioning or compressor condensate ☒ Yes ☐ No
Uncontaminated, non-turbid discharges of ground water or spring water ☒ Yes ☐ No
Foundation or footing drains ☒ Yes ☐ No
Construction dewatering water ☒ Yes ☐ No
2.5. SITE MAPS
See Appendix A.
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3. DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS
3.1. ENDANGERED SPECIES PROTECTION
The project is eligible for coverage under this permit under Criterion A. No endangered or threatened
species or critical habitat are in proximity to the discharges or related activities or come in contact with
the “action area”.
There are no Priority Habitats within the project’s limit of disturbance.
3.2. HISTORIC PRESERVATION
The proposed work includes the installation of the following ground-disturbing stormwater controls:
☐ Dike
☐ Berm
☒ Catch Basin
☒ Pond
☒ Stormwater Conveyance Channel
☒ Culvert
☒ Other: Subsurface and Surface Infiltration Systems, Curtain Drain
This property is not on the Historical List for properties in Northampton.
3.3. SAFE DRINKING WATER ACT UNDERGROUND INJECTION CONTROL REQUIREMENTS
The proposed stormwater management system includes the infiltration structures checked below:
Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or dug hole that is
deeper than its widest surface dimension, or has a subsurface fluid distribution system)
Commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults,
chambers, or other devices designed to capture and infiltrate stormwater flow
Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any bored, drilled, driven
shaft or dug hole that is deeper than its widest surface dimension, or has a subsurface fluid distribution
system).
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4. EROSION AND SEDIMENT CONTROLS
Design specifications for erosion controls listed in this chapter. The Contract specification for erosion
control are included in Appendix K.
4.1. NATURAL BUFFERS OR EQUIVALENT SEDIMENT CONTROLS
All work is outside of the 100’ buffer to the bordering vegetated wetlands. Silt fence and biodegradable
compost filter socks will provide the sediment controls to protect the wetlands in this area. The
remainder of the proposed construction activity will have biodegradable compost filter socks for
sediment controls only in the areas as shown on the Demolition and Erosion Control Plans.
4.2. PERIMETER CONTROLS
General
See the Demolition & Erosion Control Plans for the locations and configuration of the erosion control
barriers to be used on the project.
Specific Perimeter Controls
Erosion Control Barrier
Description – Non-woven geotextile fabric, supported by wooden stakes. Straw bales or straw wattle,
held in place by wooden stakes to be placed immediately behind the fabric fence.
Installation – The erosion control plan identifies locations where the erosion control barrier will be
installed prior to the start of construction. Additional materials will be stockpiled on-site and installed as
necessary if sediment is found to migrate beyond the limit of disturbance.
Maintenance – The erosion control barrier will be inspected weekly and after each storm. Any damaged
barrier will be repaired immediately. Sediment will be removed from behind the barrier when it reaches
one-half the height of the fence. Inspection of the perimeter of the site will be included in the routine
inspection of erosion control facilities, in order to determine if additional erosion control barrier is
required. Where sediment is found to migrate beyond the limit of disturbance, it will be cleaned
immediately and additional erosion control barrier will be installed.
Downstream Inspections
Weekly erosion control inspections will include inspection of the undisturbed area beyond the perimeter
controls in order to determine if any sediment has bypassed the controls.
4.3. SEDIMENT TRACK-OUT
General
All vehicles will enter and exit the site via the stabilized construction entrances at Laurel Street.
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Specific Track-Out Controls
Stabilized Construction Entrance
Description – A stabilized construction entrance (tracking pad) will be installed at the designated site
entrances. All vehicles exiting the site will be required to cross the tracking pad to reduce the transport
of sediment from the site.
Installation – This measure will be installed prior to any earth-disturbing activities.
Maintenance – Any sediment that migrates beyond the limit of work will be swept immediately. Stone
will be added as necessary to maintain the effectiveness of the entrance. This measure will be inspected
weekly. If the pad becomes sediment-laden, it will be top-dressed with a layer of new stone.
4.4. STOCKPILED SEDIMENT AND SOIL
General
Soil stockpiles will be established outside of runoff pathways present within the site, and surrounded
with silt fence. Stockpiles present on the site for longer than two weeks will be protected by seeding or
covered with mulch.
Specific Stockpile Controls
Silt Fence
Description – Non-woven geotextile fabric, supported by wooden stakes. Silt fence will be installed to
fully enclose the stockpile area.
Installation – Silt fence will be installed immediately upon establishment of the stockpile.
Maintenance – Silt fence will be inspected weekly and after each storm. Damaged silt fence will be
repaired immediately. Sediment will be removed from behind the silt fence when it reaches one-half the
height of the fence
Seeding/Mulching
Description – Seeding and mulching will be conducted to the same standards as required in the
permanent planting plan for these activities.
Installation – Seeding or mulching of soil stockpiles will be performed for any stockpile present on the
site for longer than two weeks.
Maintenance – Seed will be watered until establishment of turf in accordance with the requirements of
the permanent planting plan. Stabilized stockpile will be inspected weekly and after each storm for signs
of erosion or washout. Any damage will be repaired immediately and vegetation will be re-established.
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4.5. MINIMIZE DUST
Disturbed areas will be wetted from a sprinkler system or water truck as necessary to minimize the
creation of dust. Volume of water used will be minimized in order to prevent runoff while effectively
preventing dust. At a minimum, dust control will occur as necessary during grading activities and when
forecast or actual wind exceeds 20mph.
4.6. MINIMIZE THE DISTURBANCE OF STEEP SLOPES
The existing site contains isolated areas with steep slopes. The proposed grading plan includes limited
steep slopes throughout the site.
Scheduling of Work
Creation of steep slopes for final grading will be scheduled so as to allow for immediate stabilization
with temporary or permanent seeding where possible. Steep slopes will only be constructed when
necessary materials are available for immediate stabilization (e.g. seed, erosion control blanket)
Biodegradable compost filter socks
Description – Siltsoxx® by Filtrexx® or approved equal, 9” (min.) diameter tube.
Installation – Biodegradable compost filter socks will be installed at the downslope edge of steep slope
work while the exposed slope remains unstabilized. They will be installed in conformance with the
Manufacturer’s recommendations.
Maintenance – Biodegradable compost filter socks will be inspected weekly and after each storm.
Damaged filter socks will be repaired immediately. Sediment will be removed from behind the
biodegradable compost filter socks when it reaches one-half the filter sock’s height.
Seeding/Mulching
See requirements under Section 4.4.
Erosion Control Blanket
Description – Curlex® Erosion Control Blanket or equivalent.
Installation – Erosion control blanket will be laid over disturbed steep slope areas (3H:1V or steeper) and
secured in-place by ground staples.
Maintenance – Erosion control blankets will be inspected weekly and after each storm to ensure they
remain secured to the ground and soils are not being undermined by runoff beneath the blankets. After
final stabilization of the site, erosion control blankets will be inspected monthly until grass seeds have
rooted and vegetation has fully stabilized the steep slope.
4.7. TOPSOIL
Existing loam topsoil will be stripped from areas to be disturbed be taken to the Contractor’s yard. A
volume of topsoil necessary for the establishment of proposed planting areas will be brought back to
the site when needed.
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4.8. SOIL COMPACTION
Vegetative Stabilization
Some proposed vegetated areas will require disturbance prior to planting. In these areas, topsoil will be
stripped prior to re-grading, and will be stockpiled and replaced immediately prior to planting for
stabilization. After replacement of topsoil, construction vehicles will be restricted from driving on
stabilized areas.
4.9. STORM DRAIN INLETS
Description – All proposed inlets within the site, and all existing inlets downstream of the site, will be
protected with Siltsack® (or equivalent) inlet filters.
Installation – Protection for existing inlets will be installed prior to disturbance of the site. Proposed
inlets will be protected immediately upon installation.
Maintenance – Inlet protection will be inspected weekly and after each storm. Where the effectiveness
of inlet filters have become compromised due to accumulation of sediment, the sediment will be
removed and/or a new filter will be put in place.
4.10. CONSTRUCTED STORMWATER CONVEYANCE CHANNELS
Description – A riprap-lined drainage swale will be constructed along the eastern property line.
Installation – Construct the drainage swale in the location as shown on the construction documents.
Maintenance – The drainage swale will be inspected after significant storm events for signs of erosion
along the edges of the riprap or undermining of the riprap. Any such signs of erosion or undermining
will be repaired immediately to prevent further damage.
4.11. SEDIMENT BASINS
Description - A temporary diversion swale will be constructed to divert construction stormwater runoff
to a sediment basin as shown on the plans.
Installation – The diversion swale and sediment basin will be installed prior to the start of any earth
moving activities.
Maintenance – The sediment basin will be inspected daily and after each erosion producing storm.
Sediment will be removed from the collector whenever sediment reaches half the height of the basin.
4.12. CHEMICAL TREATMENT
Chemical treatment is not anticipated at this time. If chemical treatment is implemented, this section
will be revised.
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4.13. DEWATERING PRACTICES
Dewatering practices are not anticipated at this time. If dewatering practices become necessary, this
section will be revised.
4.14. OTHER STORMWATER CONTROLS
Protection of Permanent Stormwater Management Structures
The proposed project includes stormwater treatment chambers and a subsurface infiltration system.
These structures are designed to treat stormwater from the completed, stabilized site. Loading of these
structures with sediment from the disturbed site may cause clogging and lead to early failure of the
devices.
Permanent stormwater management structures will remain off-line and will not receive stormwater
flows until the site has been fully stabilized.
4.15. SITE STABILIZATION
The following stabilization methods will be utilized when work is stopped (temporarily or permanently)
at portions of the site.
Driveway/Parking Area Stabilization
Until final paving takes place, project roadways and parking areas will be stabilized by grading with clean
gravel. A temporary Stabilized Construction Access will be constructed prior to the start of excavation
work.
Vegetated Area Stabilization
Vegetated areas will be seeded and/or mulched after grading activities are completed. After vegetated
areas have been stabilized, construction vehicles will be restricted from driving in these areas.
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5. POLLUTION PREVENTION STANDARDS
5.1. POTENTIAL SOURCES OF POLLUTION
Pollutant-Generating Activity
Pollutants or Pollutant
Constituents
(that could be discharged if
exposed to stormwater)
Location on Site
(or reference SWPPP site map where
this is shown)
Paving Asphalt Proposed parking area and driveway
Concrete Work Cement, aggregate, admixtures Walkways
Solid Waste Handling Trash, debris, construction
materials, paper, packaging Staging & waste disposal areas
Cleaning/Washing Wash water, detergents, cleaning
solvents Staging area, area of installed work
Landscape/Plant Maintenance Pesticides, fertilizer Planted areas
Land Disturbance Activities Sediment Site-wide
Building Construction
Asphalt, plaster, paints & coatings,
adhesives, masonry, mortar,
concrete, wood, solid waste
Area of proposed buildings
Sanitary Toilets Human waste, disinfectant Staging areas
5.2. SPILL PREVENTION AND RESPONSE
All employees will be instructed regarding the following spill prevention practices. Notice of these
practices will be posted in the job trailer (if used) or on a sign posted on site, and the site construction
supervisor will be responsible for ensuring that the procedures are followed.
Material Management Practices
The following material management practices will be used to reduce the risk of spills or other accidental
exposure of materials and substances to stormwater runoff:
Good Housekeeping
The following good housekeeping practices will be followed on-site during the construction period:
· An effort will be made to store only enough product to do the job.
· All materials stored on-site will be stored in a neat, orderly manner in their appropriate
containers and, if possible, under a roof or other enclosure.
· Products will be kept in their original containers with the original manufacturer’s label.
· Substances will not be mixed with one another unless recommended by the manufacturer.
· Whenever possible, all of a product will be used up before disposing of the container.
· Manufacturer’s recommendations for proper used and disposal will be followed.
· The site superintendent will inspect daily to ensure proper use and disposal of material on-site.
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Hazardous Products
The following practices will reduce the risks associated with hazardous materials (e.g. petroleum
products, solvents, etc.):
· Products will be kept in original containers unless they are not re-sealable.
· Original labels and material safety data sheets (MSDS) will be retained; they contain important
product information.
· A copy of the Material Safety Data Sheet (MSDS) for each product used in construction will be
kept in the job trailer.
· If surplus product must be disposed of, manufacturer’ or local- and state-recommended
methods for proper disposal will be followed.
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:
· Manufacturers’ recommended methods for spill cleanup will be clearly posted and site
personnel will be made aware of the procedures and the location of the information and
cleanup supplies.
· Materials and equipment necessary for spill cleanup will be kept in the on-site material storage
area. Equipment and materials will include, but is not limited to, brooms, dust pans, mops, rags,
gloves, goggles, kitty litter, sand, sawdust and plastic and metal trash containers specifically for
this purpose.
· All spills will be cleaned up immediately after discovery.
· The spill area will be kept well ventilated and personnel will wear appropriate protective
clothing to prevent injury from contact with a hazardous substance.
· Spills of toxic or hazardous material will be reported, regardless of size, to the Massachusetts
Department of Environmental Protection within 2 hours at 888-304-1133.
· Should a spill occur, the spill prevention plan will be adjusted to include measures to prevent
another spill and to cleanup up the spill should another occur. A description of the spill, along
with the causes and cleanup measures will be included in the updated spill prevention plan.
· The construction superintendent responsible for daily operation on the construction site will be
the spill prevention and cleanup coordinator. The superintendent will designate at least three
site personnel to receive spill prevention cleanup and training. These individuals will each
become responsible for a particular phase of prevention and cleanup. The names of responsible
spill personnel will be posted in the material storage area and in the on-site job trailer.
5.3. FUELING AND MAINTENANCE OF VEHICLES
Control of Petroleum Products
All on-site vehicles will be monitored for leaks and will receive regular preventative maintenance to
reduce the chance of leakage. Petroleum products will be stored in tightly sealed, clearly labeled
containers. Any asphalt substances used on-site will be applied according to the manufacturer’s
recommendations. No vehicle refueling or maintenance will take place within 100 feet of a wetland or
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waterway. No petroleum-based or asphalt substances will be stored within 100 feet of a wetland or
waterway.
Vehicle Washing
On-site washing of vehicles will be limited to removal of exterior dirt with a high-pressure stream of
potable water. Detergents or soaps will not be used for on-site vehicle wash-down. Vehicle washing will
not occur adjacent to, or upstream of, existing or proposed drainage inlets. Runoff from vehicle wash-
down will be directed to a dewatering bag or basin.
Concrete Trucks
For washing applicators and containers used for stucco, point, concrete, form release oils, curing
compounds, or other materials:
a. Direct wash water into a leak-proof container or leak-proof and lined pit designed so that no
overflows can occur due to inadequate sizing or precipitation;
b. Handle washout or cleanout wastes as follows:
i. Do not dump liquid wastes in storm sewers or waters of the U.S.;
ii. Dispose of liquid wastes in accordance with applicable requirements in Part 2.3.3;
iii. Remove and dispose of hardened concrete waste consistent with your handling of other
construction wastes in Part 2.3.3; and
c. Locate any washout or cleanout activities as far away as possible from waters of the
U.S. and stormwater inlets or conveyances, and, to the extent feasible, designate areas to be
used for these activities and conduct such activities only in these areas.
5.4. STORAGE, HANDLING AND DISPOSAL OF CONSTRUCTION PRODUCTS, MATERIALS AND
WASTES
Waste Materials
Waste materials shall be handled in strict conformance with the requirements of paragraph 2.3.3 of the
2017 Construction General Permit and the following:
No construction waste materials will be buried on site. Notices stating these procedures will be
posted in the job trailer. Site personnel will be instructed in these procedures and site
construction supervisor(s) will ensure that the procedures are followed.
Hazardous Waste
Hazardous waste is not anticipated during this project; however, if encountered hazardous waste will be
disposed of in the manner specified by local, state and federal regulation or by the manufacturer. Site
personnel will be instructed in these procedures and site construction supervisor(s) will ensure that the
procedures are followed.
Sanitary Waste
Sanitary waste will be collected from portable units a minimum of once per week by a licensed sanitary
waster contractor and disposed of in accordance with local, state and federal regulation.
Valley Community Development February 13, 2024
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Fertilizers
Fertilizers used will be applied only in the minimum amounts recommended by the manufacturer. Once
applied, fertilizer will be worked into the soil to limit exposure to stormwater. Unused fertilizer will be
stored in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a
sealable plastic bin to avoid spills.
Solvents, Paints and Other Hazardous Substances
All containers will be tightly sealed when not required for use. Excess material will not be discharged to
the storm sewer system but will be properly disposed of according to manufacturers’ instruction or local
and state regulations.
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
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6. INSPECTION AND CORRECTIVE ACTION
6.1. INSPECTION PERSONNEL AND PROCEDURES
Personnel Responsible for Inspections
Bryan Culliton, Project Manager
Allegrone Companies
126 Lewis Wharf
Boston, MA 02110
(413) 207-1566
brculliton@allegrone.com
Mason Mongeon
Marion Excavating
749 New Ludlow Road
South Hadley, MA 01075
(413) 536-1267
mason@marionexc.com
Inspection Schedule
Weekly Inspections
Inspections of the measures described in this report will take place at least once every seven calendar
days. Inspections are planned to occur on Monday each week, starting once any erosion control
measures have been installed.
Monthly Inspections
The following areas of the site have been stabilized. Inspections of these areas must be conducted at
least once per month. Inspections are planned to occur on Monday during the first week of the month.
Stabilized Portion of the Site Date Stabilized
Inspection Report Form
An inspection report form is included in Appendix D. This form will be completed for each regular
inspection, and a record copy will be retained at the work site.
Valley Community Development February 13, 2024
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6.2. CORRECTIVE ACTION
Whenever deficiencies or failures of the pollution prevention measures are observed, the appropriate
corrective action will be taken.
Personnel Responsible for Corrective Actions
Bryan Culliton, Project Manager
Allegrone Companies
126 Lewis Wharf
Boston, MA 02110
(413) 207-1566
brculliton@allegrone.com
Mason Mongeon
Marion Excavating
749 New Ludlow Road
South Hadley, MA 01075
(413) 536-1267
mason@marionexc.com
Corrective Action Form
An inspection report form is included in Appendix E. This form will be completed each time a deficiency
or failure of the pollution prevention measures is observed.
6.3. DELEGATION OF AUTHORITY
The following person has been authorized by the Site Operator to sign inspection reports. A copy of the
authorization form in included in Appendix J.
Duly Authorized Representative
Organization: Allegrone Companies
Name: Bryan Culliton
Position: Project Manager
Address: 126 Lewis Wharf, Boston, MA 02110
Cell Phone: (413) 207-1566
Email: brculliton@allegrone.com
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23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
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7. TRAINING
7.1. REQUIREMENTS
Personnel
The following personnel are required to receive training on the requirements and responsibilities of the
Construction General Permit and this SWPPP.
· Personnel who are responsible for the design, installation, maintenance, and/or repair of
stormwater controls (including pollution prevention measures);
· Personnel responsible for the application and storage of treatment chemicals (if applicable);
· Personnel who are responsible for conducting inspections as required in Part 4.1.1; and
· Personnel who are responsible for taking corrective actions as required in Part 5.
Topics
Construction General Permit, Part 6 requires that the required personnel must be trained to understand
the following if related to the scope of their job duties:
· The location of all stormwater controls on the site required by this permit, and how they are to
be maintained;
· The proper procedures to follow with respect to the permit’s pollution prevention
requirements; and
· When and how to conduct inspections, record applicable findings, and take corrective actions.
7.2. TRAINING LOG
The following people have been trained on the requirements and responsibilities of the Construction
General Permit and this SWPPP.
Name Date Training Completed
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
8.CERTIFICATION AND NOTIFICATION
Operator
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: _____Laura Baker_____________ Title: _____Owner _______________
Signature: Date:
18
02.13.24
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
8. CERTIFICATION AND NOTIFICATION
Operator
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: _____ Bryan Culliton _____________ Title: _____Operator _______________
Signature: Date:
18
2/13/24
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
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9. REFERENCES
This stormwater pollution prevention plan reflects State of Massachusetts requirements for stormwater
management and sediment and erosion control as established by the Wetlands Protection Act (310 CMR
10.00) and by the Department of Environmental Protection Stormwater Management Policy. To ensure
compliance, this plan was prepared in consultation with the following publications:
Commonwealth of Massachusetts, Department of Environmental Protection. Stormwater Management
Policy. March, 2008.
Commonwealth of Massachusetts, Department of Environmental Protection. Wetlands Protection Act
Regulations: 310 CMR 10.00 for Administering M.G.L. Chapter 31, Section 40. November 1997.
Commonwealth of Massachusetts, Department of Environmental Protection and Office of Coastal Zone
Management. Stormwater Management, Volume One: Stormwater Policy Handbook. March 1997.
Commonwealth of Massachusetts, Department of Environmental Protection and Office of Coastal Zone
Management. Stormwater Management, Volume Two: Stormwater Technical Handbook. March 1997.
United States Environmental Protection Agency. Storm Water Management For Construction Activities,
Developing Pollution Prevention Plans And Best Management Practices, Summary Guidance. October
1992.
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
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10. SWPPP APPENDICES
Attach the following documentation to the SWPPP:
APPENDIX A – SITE MAPS
APPENDIX B – COPY OF 2022 CONSTRUCTION GENERAL PERMIT
APPENDIX C – COPY OF NOI AND EPA AUTHORIZATION EMAIL
APPENDIX D – COPY OF INSPECTION FORM
APPENDIX E – COPY OF CORRECTIVE ACTION FORM
APPENDIX F – SWPPP AMENDMENT LOG
APPENDIX G – SUBCONTRACTOR CERTIFICATIONS/AGREEMENTS
APPENDIX H – GRADING AND STABILIZATION ACTIVITIES LOG
APPENDIX I – SWPPP TRAINING LOG
APPENDIX J – DELEGATION OF AUTHORITY FORM
APPENDIX K – EROSION CONTROL SPECIFICATIONS
APPENDIX L – ENDANGERED SPECIES DOCUMENTATION
APPENDIX M – SUBCONTRACTOR CONTACT LIST
APPENDIX N – DETAILED PROJECT SCHEDULE
Appendix A – Site Maps
SEE SEPARATE SET OF
CONSTRUCTION PLANS
Appendix B – Copy of 2022 Construction General Permit
2022 Construction General Permit (CGP)
National Pollutant Discharge Elimination System (NPDES)
Construction General Permit (CGP) for Stormwater Discharges from
Construction Activities
In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter
CWA), as amended by the Water Quality Act of 1987, P.L. 100-4, “operators” of construction
activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National
Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP), are
authorized to discharge pollutants in accordance with the effluent limitations and conditions set
forth herein. Permit coverage is required from the “commencement of construction activities”
(see Appendix A) until one of the conditions for terminating CGP coverage has been met (see
Part 8.2).
This permit becomes effective on 12:00 am, February 17, 2022.
This permit and the authorization to discharge expire at 11:59pm, February 16, 2027.
Signed and issued this 18 day of January 2022
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Signed and issued this 18 day of January 2022
Javier Laureano,
Director, Water Division, EPA Region 2.
Signed and issued this 18 day of January 2022
Carmen Guerrero-Perez,
Director, Caribbean Environmental Protection
Division, EPA Region 2.
Signed and issued this 18 day of January 2022
Catherine A. Libertz,
Director, Water Division, EPA Region 3.
Signed and issued this 18 day of January 2022
Jeaneanne Gettle,
Director, Water Division, EPA Region 4.
Signed and issued this 18 day of January 2022
Tera Fong,
Director, Water Division, EPA Region 5.
Signed and issued this 18 day of January 2022
Charles W. Maguire,
Director, Water Division, EPA Region 6.
Signed and issued this 18 day of January 2022
Jeffery Robichaud,
Director, Water Division, EPA Region 7.
Signed and issued this 18 day of January 2022
Darcy O’Connor,
Director, Water Division, EPA Region 8.
Signed and issued this 18 day of January 2022
Tomás Torres,
Director, Water Division, EPA Region 9.
Signed and issued this 18 day of January 2022
Daniel D. Opalski,
Director, Water Division, EPA Region 10.
Page 1
2022 Construction General Permit (CGP)
Page i
CONTENTS 1 How to Obtain Coverage Under the Construction General Permit (CGP) ................................... 1
1.1 Eligibility Conditions .................................................................................................................... 1
1.2 Types of Discharges Authorized ................................................................................................ 3
1.3 Prohibited Discharges................................................................................................................. 4
1.4 Submitting your Notice of Intent (NOI) ..................................................................................... 5
1.5 Requirement to Post a Notice of Your Permit Coverage ....................................................... 7
2 Technology-Based Effluent Limitations ............................................................................................. 8
2.1 General Stormwater Control Design, Installation, and Maintenance Requirements ......... 8
2.2 Erosion and Sediment Control Requirements ........................................................................ 10
2.3 Pollution Prevention Requirements ......................................................................................... 17
2.4 Construction Dewatering Requirements ................................................................................ 22
3 Water Quality-Based Effluent Limitations ........................................................................................ 23
3.1 General Effluent Limitation to Meet Applicable Water Quality Standards ....................... 23
3.2 Water Quality-based Conditions for Sites Discharging to Sensitive Waters44 .................... 23
3.3 Water quality-based conditions For sites discharging To Sensitive Waters From
Construction Dewatering activities .................................................................................................... 24
4 Site Inspection Requirements .......................................................................................................... 28
4.1 Person(s) Responsible for Inspecting Site ............................................................................... 28
4.2 Frequency of Inspections. ........................................................................................................ 28
4.3 Increase in Inspection Frequency for Certain Sites. ............................................................. 29
4.4 Reductions in Inspection Frequency ...................................................................................... 30
4.5 Areas that Must Be Inspected ................................................................................................. 31
4.6 Requirements for Inspections .................................................................................................. 32
4.7 Inspection Report ...................................................................................................................... 33
4.8 Inspections By EPA .................................................................................................................... 34
5 Corrective Actions ............................................................................................................................ 34
5.1 Conditions Triggering Corrective Action. ............................................................................... 34
5.2 Corrective Action Deadlines ................................................................................................... 35
5.3 Corrective Action Required by EPA ....................................................................................... 36
5.4 Corrective Action Log .............................................................................................................. 36
6 Stormwater Team Formation/ Staff Training Requirements .......................................................... 36
6.1 Stormwater Team ...................................................................................................................... 36
6.2 General Training Requirements For Stormwater Team Members ....................................... 37
6.3 Training Requirements For Persons Conducting Inspections ............................................... 37
6.4 Stormwater Team’s Access To Permit Documents ............................................................... 38
2022 Construction General Permit (CGP)
Page ii
7 Stormwater Pollution Prevention Plan (SWPPP) .............................................................................. 38
7.1 General Requirements ............................................................................................................. 38
7.2 SWPPP Contents ........................................................................................................................ 38
7.3 On-Site Availability of Your SWPPP .......................................................................................... 46
7.4 SWPPP Modifications ................................................................................................................ 46
8 How to Terminate Coverage ........................................................................................................... 47
8.1 Minimum Information Required in NOT .................................................................................. 47
8.2 Conditions for Terminating CGP Coverage .......................................................................... 47
8.3 How to Submit Your NOT .......................................................................................................... 48
8.4 Deadline for Submitting the NOT ............................................................................................ 49
8.5 Effective Date of Termination of Coverage .......................................................................... 49
9 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories ............. 49
Appendix A: Definitions ........................................................................................................................ A-1
Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses ........................... B-1
Appendix C: Small Construction Waivers and Instructions .............................................................. C-1
Appendix D: Eligibility Procedures Relating to Threatened & Endangered Species Protection . D-1
Appendix E: Historic Property Screening Process .............................................................................. E-1
Appendix F: Buffer Requirements .......................................................................................................... F-1
Appendix G: Standard Permit Conditions ......................................................................................... G-1
Appendix H: Notice of Intent (NOI) Form and Instructions .............................................................. H-1
Appendix I: Notice of Termination (NOT) Form and Instructions ...................................................... I-1
Appendix J: Suggested Format for Request for Chemical Treatment ............................................. J-1
Appendix K: Turbidity Benchmark Monitoring Report Form ............................................................ K-1
2022 Construction General Permit (CGP)
Page 1
1 HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT (CGP)
To be covered under this permit, you must meet the eligibility conditions and follow the requirements for obtaining permit coverage in this Part.
1.1 ELIGIBILITY CONDITIONS
1.1.1 You are an “operator” of a construction site for which discharges will be covered under
this permit. For the purposes of this permit and in the context of stormwater discharges
associated with construction activity, an “operator” is any party associated with a
construction project that meets either of the following two criteria:
The party has operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications; or
The party has day-to-day operational control of those activities at a project that are
necessary to ensure compliance with the permit conditions.
Where there are multiple operators associated with the same project, all operators must
obtain permit coverage.1 Subcontractors generally are not considered operators for the
purposes of this permit.
1 If the operator of a “construction support activity” (see Part 1.2.1c) is different than the operator of the
main site, that operator must also obtain permit coverage. See Part 7.1 for clarification on the sharing of
permit-related functions between and among operators on the same site and for conditions that apply to
developing a SWPPP for multiple operators associated with the same site.
1.1.2 Your site’s construction activities:
Will disturb one or more acres of land, or will disturb less than one acre of land but are
part of a common plan of development or sale (as defined in Appendix A) that will
ultimately disturb one or more acres of land; or
Have been designated by EPA as needing permit coverage under 40 CFR §
122.26(a)(1)(v) or 40 CFR § 122.26(b)(15)(ii);
1.1.3 Your site is located in an area where EPA is the permitting authority and where coverage
under this permit is available (see Appendix B);
1.1.4 Discharges from your site are not:
Already covered by a different NPDES permit for the same discharge; or
In the process of having coverage under a different NPDES permit for the same
discharge denied, terminated, or revoked.2, 3
2 Parts 1.1.4a and 1.1.4b do not include sites currently covered under the 2017 CGP that are in the process
of obtaining coverage under this permit, nor sites covered under this permit that are transferring coverage
to a different operator.
3 Notwithstanding a site being made ineligible for coverage under this permit because it falls under the
description of Parts 1.1.4a or 1.1.4b, above, EPA may waive the applicable eligibility requirement after
specific review if it determines that coverage under this permit is appropriate.
1.1.5 You can demonstrate you meet one of the criteria in the Endangered Species Protection
section of the Notice of Intent (NOI) that you submit for coverage under this permit, per
Part 1.4, with respect to the protection of Federally listed endangered or threatened
species and Federally designated critical habitat under the Endangered Species Act
2022 Construction General Permit (CGP)
Page 2
(ESA). If the EPA Regional Office grants you a waiver from electronic reporting per Part
1.4.2, you must complete the ESA worksheet in Appendix D to demonstrate you meet
one of the criteria and submit it with your paper NOI (Appendix I).
1.1.6 You have completed the screening process in Appendix E relating to the protection of
historic properties; and
1.1.7 You have complied with all requirements in Part 9 imposed by the applicable State, Indian Tribe, or Territory in which your construction activities and/or discharge will occur.
1.1.8 For “new sources” (as defined in Appendix A) only:
EPA has not, prior to authorization under this permit, determined that discharges from
your site will not meet applicable water quality standards. Where such a
determination is made prior to authorization, EPA may notify you that an individual
permit application is necessary. However, EPA may authorize your coverage under
this permit after you have included appropriate controls and implementation
procedures designed to bring your discharge into compliance with this permit,
specifically the requirement to meet water quality standards. In the absence of
information demonstrating otherwise, EPA expects that compliance with the
requirements of this permit, including the requirements applicable to such discharges
in Part 3, will result in discharges that meet applicable water quality standards.
Discharges from your site to a Tier 2, Tier 2.5, or Tier 3 water4 will not lower the water
quality of the applicable water. In the absence of information demonstrating
otherwise, EPA expects that compliance with the requirements of this permit,
including the requirements applicable to such discharges in Part 3.2, will result in
discharges that will not lower the water quality of such waters.
4 Note: Your site will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first receiving water
to which you discharge is identified by a State, Tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For
discharges that enter a storm sewer system prior to discharge, the first receiving water to which you
discharge is the waterbody that receives the stormwater discharge from the storm sewer system. The
current list of Tier 2, Tier 2.5, and Tier 3 waters located in the areas eligible for coverage under this permit
can be found at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates.
You can also use EPA’s Discharge Mapping Tool (https://www.epa.gov/npdes/epas-stormwater-discharge-
mapping-tools) to assist you in identifying whether any receiving waters to which you discharge are listed
as impaired (and the pollutant for which it is impaired) and whether an approved total maximum daily
load (TMDL) exists for that waterbody.
1.1.9 If you plan to add “cationic treatment chemicals” (as defined in Appendix A) to
stormwater and/or authorized non-stormwater prior to discharge, you may not submit
your NOI until you notify your applicable EPA Regional Office (see Appendix J) in
advance and the EPA Regional Office authorizes coverage under this permit after you
have included appropriate controls and implementation procedures designed to ensure
that your use of cationic treatment chemicals will result in discharges that meet
applicable water quality standards.
2022 Construction General Permit (CGP)
Page 3
1.2 TYPES OF DISCHARGES AUTHORIZED5
5 See “Discharge” as defined in Appendix A. Note: Any discharges not expressly authorized in this permit
cannot become authorized or shielded from liability under CWA Section 402(k) by disclosure to EPA, State,
or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be
covered by the permit, the SWPPP, or during an inspection.
1.2.1 The following stormwater discharges are authorized under this permit provided that
appropriate stormwater controls are designed, installed, and maintained (see Parts 2
and 3):
Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface
runoff and drainage, associated with construction activity under 40 CFR §
122.26(b)(14) or § 122.26(b)(15)(i);
Stormwater discharges designated by EPA as needing a permit under 40 CFR
§122.26(a)(1)(v) or § 122.26(b)(15)(ii);
Stormwater discharges from on or off-site construction support activities (e.g.,
concrete or asphalt batch plants, equipment staging yards, material storage areas,
excavated material disposal areas, borrow areas) provided that:
The support activity is directly related to the construction site required to have
permit coverage for stormwater discharges;
The support activity is not a commercial operation, nor does it serve multiple
unrelated construction sites;
The support activity does not continue to operate beyond the completion of the
construction activity at the site it supports; and
Stormwater controls are implemented in accordance with Part 2 and Part 3 for
discharges from the support activity areas; and
d. Stormwater discharges from earth-disturbing activities associated with the
construction of staging areas and the construction of access roads conducted prior
to active mining.
1.2.2 The following non-stormwater discharges associated with your construction activity are
authorized under this permit provided that, with the exception of water used to control
dust and to irrigate vegetation in stabilized areas, these discharges are not routed to
areas of exposed soil on your site and you comply with any applicable requirements for
these discharges in Parts 2 and 3:
Discharges from emergency fire-fighting activities;
Fire hydrant flushings;
Landscape irrigation;
Water used to wash vehicles and equipment, provided that there is no discharge of
soaps, solvents, or detergents used for such purposes;
Water used to control dust;
Potable water including uncontaminated water line flushings;
2022 Construction General Permit (CGP)
Page 4
External building washdown, provided soaps, solvents, and detergents are not used,
and external surfaces do not contain hazardous substances (as defined in Appendix
A) (e.g., paint or caulk containing polychlorinated biphenyls (PCBs));
Pavement wash waters, provided spills or leaks of toxic or hazardous substances have
not occurred (unless all spill material has been removed) and where soaps, solvents, and detergents are not used. You are prohibited from directing pavement wash waters directly into any receiving water, storm drain inlet, or constructed or natural
site drainage features, unless the feature is connected to a sediment basin, sediment
trap, or similarly effective control;
Uncontaminated air conditioning or compressor condensate;
Uncontaminated, non-turbid discharges of ground water or spring water;
Foundation or footing drains where flows are not contaminated with process
materials such as solvents or contaminated ground water; and
Uncontaminated construction dewatering water6 discharged in accordance with
Part 2.4.
6 EPA notes that operators may need to comply with additional procedures to verify that the dewatering
discharge is uncontaminated. Operators should review Part 9 to determine if any of these requirements
apply to their discharge and should ensure that they have complied with any State, Tribal, or local
dewatering requirements that apply.
1.2.3 Also authorized under this permit are discharges of stormwater listed above in Part 1.2.1,
or authorized non-stormwater discharges listed above in Part 1.2.2, commingled with a
discharge authorized by a different NPDES permit and/or a discharge that does not
require NPDES permit authorization.
1.3 PROHIBITED DISCHARGES7
7 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only
non-stormwater discharges authorized by this permit are at Part 1.2.2. Any unauthorized non-stormwater
discharges must be covered under an individual permit or alternative general permit.
The discharges listed in this Part are prohibited outright or authorized only under the identified
conditions. To prevent the discharges in Parts 1.3.1 through 1.3.5, operators must comply with the
applicable pollution prevention requirements in Part 2.3 or ensure the discharge is authorized by
another NPDES permit consistent with Part 1.2.3 for commingled discharges.
1.3.1 Wastewater from washout of concrete, unless managed by an appropriate control as
described in Part 2.3.4;
1.3.2 Wastewater from washout and/or cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
1.3.3 Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance;
1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external
building washdown; and
1.3.5 Toxic or hazardous substances from a spill or other release.
2022 Construction General Permit (CGP)
Page 5
1.4 SUBMITTING YOUR NOTICE OF INTENT (NOI)
All “operators” (as defined in Appendix A) associated with your construction site who meet the Part 1.1 eligibility conditions, and who seek coverage under this permit, must
submit to EPA a complete and accurate NOI in accordance with the deadlines in Table
1 prior to commencement of construction activities (as defined in Appendix A).
Exception: If you are conducting construction activities in response to a public
emergency (e.g., mud slides, earthquake, extreme flooding conditions, widespread
disruption in essential public services), and the related work requires immediate
authorization to avoid imminent endangerment to human health, public safety, or the environment, or to reestablish essential public services, you may discharge on the
condition that a complete and accurate NOI is submitted within 30 calendar days after
commencing construction activities (see Table 1) establishing that you are eligible for
coverage under this permit. You must also provide documentation in your Stormwater Pollution Prevention Plan (SWPPP) to substantiate the occurrence of the public
emergency pursuant to Part 7.2.3i.
1.4.1 Prerequisite for Submitting Your NOI
You must develop a SWPPP consistent with Part 7 before submitting your NOI for coverage under this permit.
1.4.2 How to Submit Your NOI
You must use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit
your NOI for coverage under the 2022 CGP unless you received a waiver from your applicable EPA Regional Office.
To access NeT, go to https://cdx.epa.gov/cdx.
Waivers from electronic reporting may be granted based on one of the following
conditions:
If your operational headquarters is physically located in a geographic area (i.e., ZIP
code or census tract) that is identified as under-served for broadband Internet
access in the most recent report from the Federal Communications Commission; or
If you have limitations regarding available computer access or computer capability.
If the EPA Regional Office grants you approval to use a paper NOI, and you elect to use
it, you must complete the form in Appendix H.
1.4.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage
Table 1 provides the deadlines for submitting your NOI and the official start date of your permit coverage, which differ depending on when you commence construction
activities.
2022 Construction General Permit (CGP)
Page 6
Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.
Type of Operator NOI Submittal Deadline8 Permit Authorization Date9
Operator of a new site (i.e., a site where construction activities commence on or after February 17, 2022)
At least 14 calendar days before commencing construction activities.
14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied.
Operator of an existing site (i.e., a site
with 2017 CGP coverage where
construction activities commenced
prior to February 17, 2022)
No later than May 18, 2022. 14 calendar days after EPA
notifies you that it has
received a complete NOI,
unless EPA notifies you that
your authorization is delayed
or denied.
Provided you submit your NOI
no later than May 18, 2022, your authorization under the 2017 CGP is automatically continued until you have been granted coverage under this permit or an alternative NPDES permit, or coverage is otherwise terminated.
New operator of a permitted site (i.e.,
an operator that through transfer of
ownership and/or operation replaces
the operator of an already permitted
construction site that is either a “new
site” or an “existing site”)
At least 14 calendar days before
the date the transfer to the new
operator will take place.
14 calendar days after EPA
notifies you that it has
received a complete NOI,
unless EPA notifies you that
your authorization is delayed
or denied.
Operator of an “emergency-related project” (i.e., a project initiated in response to a public emergency (e.g., mud slides, earthquake, extreme flooding conditions,
disruption in essential public services),
for which the related work requires
immediate authorization to avoid
imminent endangerment to human
health or the environment, or to
reestablish essential public services)
No later than 30 calendar days
after commencing construction activities.
You are considered
provisionally covered under the terms and conditions of this permit immediately, and
fully covered 14 calendar
days after EPA notifies you
that it has received a
complete NOI, unless EPA
notifies you that your
authorization is delayed or
denied.
8 If you miss the deadline to submit your NOI, any and all discharges from your construction activities will
continue to be unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA
may take enforcement action for any unpermitted discharges that occur between the commencement of
construction activities and discharge authorization.
9 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are not eligible for permit
coverage.
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1.4.4 Modifying your NOI
If after submitting your NOI you need to correct or update any fields, you may do so by submitting a “Change NOI” form using NeT. Waivers from electronic reporting may be
granted as specified in Part 1.4.2. If the EPA Regional Office has granted you approval to
submit a paper NOI modification, you may indicate any NOI changes on the same NOI form in Appendix H.
When there is a change to the site’s operator, the new operator must submit a new NOI,
and the previous operator must submit a Notice of Termination (NOT) form as specified in
Part 8.3.
The following modifications to an NOI form will result in a 14-day review process:
• Changes to the name of the operator;
• Changes to the project or site name;
• Changes to the estimated area to be disturbed;
• Changes to the name of the receiving water10, or additions to the applicable
receiving waters;
10 As defined in Appendix A, a “receiving water” is “a “Water of the United States” as defined in 40 CFR
§122.2 into which the regulated stormwater discharges.
• Changes to eligibility information related to endangered species protection or
historic preservation;
• Changes to information provided related to the use of chemical treatment at your
site; and
• Changes to answers provided regarding the demolition of structures over 10,000
square feet of floor space built or renovated before January 1, 1980.
During the 14-day review process, you may continue to operate based on the
information provided in your original NOI, but you must wait until the review period has
ended before you may commence or continue activities on any portion of your site that would be affected by any of the above modifications, unless EPA notifies you that the authorization is delayed or denied.
1.4.5 Your Official End Date of Permit Coverage
Once covered under this permit, your coverage will last until the date that:
You terminate permit coverage consistent with Part 8; or
You receive permit coverage under a different NPDES permit or a reissued or
replacement version of this permit after expiring on February 16, 2027; or
You fail to submit an NOI for coverage under a reissued or replacement version of this
permit before the deadline for existing construction sites where construction activities
continue after this permit has expired.
1.5 REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE
You must post a sign or other notice of your permit coverage at a safe, publicly
accessible location in close proximity to the construction site. The notice must be located so it is visible from the public road that is nearest to the active part of the construction
2022 Construction General Permit (CGP)
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site, and it must use a font large enough to be readily viewed from a public right-of-way.11 At a minimum, the notice must include:
11 If the active part of the construction site is not visible from a public road, then place the notice of permit
coverage in a position that is visible from the nearest public road and as close as possible to the
construction site.
The NPDES ID (i.e., permit tracking number assigned to your NOI and the EPA
webpage where a copy of the NOI can be found
(https://permitsearch.epa.gov/epermit-search/ui/search));
A contact name and phone number for obtaining additional construction site
information;
The Uniform Resource Locator (URL) for the SWPPP (if available), or the following
statement: “If you would like to obtain a copy of the Stormwater Pollution Prevention
Plan (SWPPP) for this site, contact the EPA Regional Office at [include the
appropriate CGP Regional Office contact information found at
https://www.epa.gov/npdes/contact-us-stormwater#regional];” and
The following statement “If you observe indicators of stormwater pollutants in the
discharge or in the receiving water, contact the EPA through the following website:
https://www.epa.gov/enforcement/report-environmental-violations.”
2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS
You must comply with the following technology-based effluent limitations in this Part for
all authorized discharges.12
12 For each of the effluent limits in Part 2, as applicable to your site, you must include in your SWPPP (1) a
description of the specific control(s) to be implemented to meet the effluent limit; (2) any applicable
design specifications; (3) routine maintenance specifications; and (4) the projected schedule for
installation/implementation. See Part 7.2.6.
2.1 GENERAL STORMWATER CONTROL DESIGN, INSTALLATION, AND MAINTENANCE
REQUIREMENTS
You must design, install, and maintain stormwater controls required in Parts 2.2, 2.3, and
2.4 to minimize the discharge of pollutants in stormwater from construction activities.13 To meet this requirement, you must:
13 The permit does not recommend or endorse specific products or vendors.
2.1.1 Account for the following factors in designing your stormwater controls:
The expected amount, frequency, intensity, and duration of precipitation;14
14 Stormwater controls must be designed using the most recent data available to account for recent
precipitation patterns and trends.
The nature of stormwater runoff (i.e., flow) and run-on at the site, including factors
such as expected flow from impervious surfaces, slopes, and site drainage features.
You must design stormwater controls to control stormwater volume, velocity, and
peak flow rates to minimize discharges of pollutants in stormwater and to minimize
channel and streambank erosion and scour in the immediate vicinity of discharge
points; and
The soil type and range of soil particle sizes expected to be present on the site.
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If your site is exposed to or has previously experienced major storms, such as hurricanes, storm surge, extreme/heavy precipitation, and flood events, you should also include
consideration of and contingencies for whether implementing structural improvements,
enhanced/resilient stormwater controls, and other mitigation measures may help
minimize impacts from stormwater discharges from such major storm events.
2.1.2 Design and install all stormwater controls in accordance with good engineering
practices, including applicable design specifications.15
15 Design specifications may be found in manufacturer specifications and/or in applicable erosion and
sediment control manuals or ordinances. Any departures from such specifications must reflect good
engineering practices and must be explained in your SWPPP. You must also comply with any additional
design and installation requirements specified for the effluent limits in Parts 2.2, 2.3, and 2.4.
2.1.3 Complete installation of stormwater controls by the time each phase of construction
activities has begun.
By the time construction activity in any given portion of the site begins, install and
make operational any downgradient sediment controls (e.g., buffers, perimeter
controls, exit point controls, storm drain inlet protection) that control discharges from
the initial site clearing, grading, excavating, and other earth-disturbing activities.16
16 Note that the requirement to install stormwater controls prior to each phase of construction activities for
the site does not apply to the earth disturbance associated with the actual installation of these controls.
Operators should take all reasonable actions to minimize the discharges of pollutants during the installation
of stormwater controls.
Following the installation of these initial controls, install and make operational all
stormwater controls needed to control discharges prior to subsequent earth-
disturbing activities.
2.1.4 Ensure all stormwater controls are maintained and remain in effective operating
condition during permit coverage and are protected from activities that would reduce
their effectiveness.
Comply with any specific maintenance requirements for the stormwater controls
listed in this permit, as well as any recommended by the manufacturer.17
17 Any departures from such maintenance recommendations made by the manufacturer must reflect
good engineering practices and must be explained in your SWPPP.
If at any time you find that a stormwater control needs routine maintenance (i.e.,
minor repairs or other upkeep performed to ensure the site’s stormwater controls
remain in effective operating condition, not including significant repairs or the need
to install a new or replacement control), you must immediately initiate the needed work, and complete such work by the close of the next business day. If it is infeasible
to complete the routine maintenance by the close of the next business day, you must
document why this is the case and why the repair or other upkeep to be performed
should still be considered routine maintenance in your inspection report under Part 4.7.1c and complete such work no later than seven (7) calendar days from the time
of discovery of the condition requiring maintenance.
If you must repeatedly (i.e., three (3) or more times) make the same routine
maintenance fixes to the same control at the same location, even if the fix can be completed by the close of the next business day, you must either:
Complete work to fix any subsequent repeat occurrences of this same problem
under the corrective action procedures in Part 5, including keeping any records
2022 Construction General Permit (CGP)
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of the condition and how it was corrected under Part 5.4; or
Document in your inspection report under Part 4.7.1c why the specific
reoccurrence of this same problem should still be addressed as a routine
maintenance fix under this Part.18
18 Such documentation could include, for example, that minor repairs completed within the required timeframe are all that is necessary to ensure that the stormwater control continues to operate as designed and installed and that the stormwater control remains appropriate for the flow reaching it.
If at any time you find that a stormwater control needs a significant repair or that a
new or replacement control is needed, you must comply with the corrective action
deadlines for completing such work in in Part 5.2.1c.
2.2 EROSION AND SEDIMENT CONTROL REQUIREMENTS
You must implement erosion and sediment controls in accordance with the following
requirements to minimize the discharge of pollutants in stormwater from construction
activities.
2.2.1 Provide and maintain natural buffers and/or equivalent erosion and sediment controls for
discharges to any receiving waters that is located within 50 feet of the site’s earth
disturbances.
Compliance Alternatives. For any discharges to receiving waters located within 50
feet of your site’s earth disturbances, you must comply with one of the following
alternatives:
Provide and maintain a 50-foot undisturbed natural buffer; or
Provide and maintain an undisturbed natural buffer that is less than 50 feet and is
supplemented by erosion and sediment controls that achieve, in combination,
the sediment load reduction equivalent to a 50-foot undisturbed natural buffer; or
If infeasible to provide and maintain an undisturbed natural buffer of any size,
implement erosion and sediment controls to achieve the sediment load
reduction equivalent to a 50-foot undisturbed natural buffer.
See Appendix F, Part F.2 for additional conditions applicable to each compliance
alternative.
Exceptions. See Appendix F, Part F.2 for exceptions to the compliance alternatives.
2.2.2 Direct stormwater to vegetated areas and maximize stormwater infiltration and filtering to
reduce pollutant discharges, unless infiltration would be inadvisable due to the
underlying geology (e.g., karst topography) and ground water contamination concerns,
or infeasible due to site conditions.19
19 Operators should consider whether factors such as specific contaminant concerns from the construction
site, the underlying soils or geology, hydrology, depth to the ground water table, or proximity to source
water or wellhead protection area(s) make the site unsuitable for infiltrating construction stormwater. Site
conditions that may be of particular concern include proximity to: a current or future drinking water
aquifer; a drinking water well or spring (including private/household wells); highly conductive geology such
as karst; known pollutant hot spots, such as hazardous waste sites, landfills, gas stations, brownfields; an on-
site sewage system or underground storage tank; or soils that do not allow for infiltration. Operators may
find it helpful to consult EPA’s Drinking Water Mapping Application to Protect Source Waters (DWMAPS).
DWMAPS is an online mapping tool that can be used to locate drinking water providers, potential sources
of contamination, polluted waterways, and information on protection initiatives in the site area.
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2.2.3 Install sediment controls along any perimeter areas of the site that are downslope from any exposed soil or other disturbed areas.20
20 Examples of perimeter controls include filter berms; different types of silt fence such as wire-backed silt
fence, super silt fence, or multi-layer geotextile silt fence; compost filter socks; gravel barriers; and
temporary diversion dikes.
The perimeter control must be installed upgradient of any natural buffers established
under Part 2.2.1, unless the control is being implemented pursuant to Part 2.2.1a.ii-iii;
To prevent stormwater from circumventing the edge of the perimeter control, install the perimeter control on the contour of the slope and extend both ends of the
control up slope (e.g., at 45 degrees) forming a crescent rather than a straight line;
After installation, to ensure that perimeter controls continue to work effectively:
Remove sediment before it has accumulated to one-half of the above-ground
height of any perimeter control; and
After a storm event, if there is evidence of stormwater circumventing or
undercutting the perimeter control, extend controls and/or repair undercut areas
to fix the problem.
Exception. For areas at “linear construction sites” (as defined in Appendix A) where
perimeter controls are infeasible (e.g., due to a limited or restricted right-of-way),
implement other practices as necessary to minimize pollutant discharges to perimeter
areas of the site.
2.2.4 Minimize sediment track-out.
Restrict vehicle use to properly designated exit points;
Use appropriate stabilization techniques21 at all points that exit onto paved roads;
21 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying
geotextile or non-woven filter fabric, and turf mats.
Exception: Stabilization is not required for exit points at linear utility construction
sites that are used only episodically and for very short durations over the life of the
project, provided other exit point controls22 are implemented to minimize
sediment track-out;
22 Examples of other exit point controls include preventing the use of exit points during wet periods;
minimizing exit point use by keeping vehicles on site to the extent possible; limiting exit point size to the
width needed for vehicle and equipment usage; using scarifying and compaction techniques on the soil;
and avoiding establishing exit points in environmentally sensitive areas (e.g., karst areas; steep slopes).
Implement additional track-out controls23 as necessary to ensure that sediment
removal occurs prior to vehicle exit; and
23 Examples of additional track-out controls include the use of wheel washing, rumble strips, and rattle
plates.
Where sediment has been tracked-out from your site onto paved roads, sidewalks, or
other paved areas outside of your site, remove the deposited sediment by the end of
the same business day in which the track-out occurs or by the end of the next
business day if track-out occurs on a non-business day. Remove the track-out by
sweeping, shoveling, or vacuuming these surfaces, or by using other similarly effective
means of sediment removal. You are prohibited from hosing or sweeping tracked-out
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sediment into any constructed or natural site drainage feature, storm drain inlet, or
receiving water.24
24 Fine grains that remain visible (e.g., staining) on the surfaces of off-site streets, other paved areas, and sidewalks after you have implemented sediment removal practices are not a violation of Part 2.2.4.
2.2.5 Manage stockpiles or land clearing debris piles composed, in whole or in part, of
sediment and/or soil:25
25 The requirements in Part 2.2.5 do not apply to the storage of rock, such as rip rap, landscape rock, pipe bedding gravel, and boulders. Refer to Part 2.3.3a for the requirements that apply to these types of materials.
Locate the piles outside of any natural buffers established under Part 2.2.1 and away
from any constructed or natural site drainage features, storm drain inlets, and areas
where stormwater flow is concentrated;
Install a sediment barrier along all downgradient perimeter areas of stockpiled soil or
land clearing debris piles;26
26 Examples of sediment barriers include berms, dikes, fiber rolls, silt fences, sandbags, gravel bags, or straw bale.
For piles that will be unused for 14 or more days, provide cover27 or appropriate
temporary stabilization (consistent with Part 2.2.14);
27 Examples of cover include tarps, blown straw and hydroseeding.
You are prohibited from hosing down or sweeping soil or sediment accumulated on
pavement or other impervious surfaces into any constructed or natural site drainage
feature, storm drain inlet, or receiving water.
2.2.6 Minimize dust. On areas of exposed soil, minimize dust through the appropriate
application of water or other dust suppression techniques to control the generation of
pollutants that could be discharged in stormwater from the site.
2.2.7 Minimize steep slope disturbances. Minimize the disturbance of “steep slopes” (as
defined in Appendix A).28
28 Where disturbance to steep slopes cannot be avoided, operators should consider implementing controls
suitable for steep slope disturbances that are effective at minimizing erosion and sediment discharge (e.g., preservation of existing vegetation, hydraulic mulch, geotextiles and mats, compost blankets, earth dikes or
drainage swales, terraces, velocity dissipation devices). To identify slopes and soil types that are of
comparatively higher risk for sediment discharge in areas of the country where the CGP is in effect,
operators can use the tables in Appendix F (see Tables F-2 thru F-6).
2.2.8 Preserve native topsoil, unless infeasible.29
29 Stockpiling topsoil at off-site locations, or transferring topsoil to other locations, is an example of a
practice that is consistent with the requirements in Part 2.2.8. Preserving native topsoil is not required where
the intended function of a specific area of the site dictates that the topsoil be disturbed or removed. For
example, some sites may be designed to be highly impervious after construction, and therefore little or no
vegetation is intended to remain, or may not have space to stockpile native topsoil on site for later use, in
which case it may not be feasible to preserve topsoil.
2.2.9 Minimize soil compaction.30 In areas of your site where final vegetative stabilization will
occur or where infiltration practices will be installed:
30 Minimizing soil compaction is not required where the intended function of a specific area of the site
dictates that it be compacted.
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Restrict vehicle and equipment use in these locations to avoid soil compaction; and
Before seeding or planting areas of exposed soil that have been compacted, use
techniques that rehabilitate and condition the soils as necessary to support
vegetative growth.
2.2.10 Protect storm drain inlets.
Install inlet protection measures that remove sediment from discharges prior to entry
into any storm drain inlet that carries stormwater from your site to a receiving water,
provided you have authority to access the storm drain inlet.31 Inlet protection
measures are not required for storm drain inlets that are conveyed to a sediment
basin, sediment trap, or similarly effective control; and
31 Inlet protection measures can be removed in the event of flood conditions or to prevent erosion.
Clean, or remove and replace, the inlet protection measures as sediment
accumulates, the filter becomes clogged, and/or performance is compromised.
Where there is evidence of sediment accumulation adjacent to the inlet protection
measure, remove the deposited sediment by the end of the same business day in
which it is found or by the end of the following business day if removal by the same
business day is not feasible.
2.2.11 Control stormwater discharges, including both peak flowrates and total stormwater
volume, to minimize channel and streambank erosion and scour in the immediate
vicinity of discharge points.32
32 Examples of stormwater controls that can be used to comply with this requirement include the use of
erosion controls and/or velocity dissipation devices (e.g., check dams, sediment traps), within and along
the length of a constructed site drainage feature and at the outfall to slow down stormwater.
2.2.12 If you install a sediment basin or similar impoundment:
Situate the basin or impoundment outside of any receiving water. and any natural
buffers established under Part 2.2.1;
Design the basin or impoundment to avoid collecting water from wetlands;
Design the basin or impoundment to provide storage for either:
The calculated volume of runoff from a 2-year, 24-hour storm;33 or
3,600 cubic feet per acre drained.
33 Operators may refer to https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-
templates for guidance on determining the volume of precipitation associated with their site’s local 2-year,
24-hour storm event.
Utilize outlet structures that withdraw water from the surface of the sediment basin or
similar impoundment, unless infeasible;34
34 The circumstances in which it is infeasible to design outlet structures in this manner are rare. Exceptions
may include areas with extended cold weather, where using surface outlets may not be feasible during
certain time periods (although they must be used during other periods). If you determine that it is infeasible
to meet this requirement, you must provide documentation in your SWPPP to support your determination,
including the specific conditions or time periods when this exception will apply.
Use erosion controls and velocity dissipation devices to prevent erosion at inlets and
outlets; and
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Remove accumulated sediment to maintain at least one-half of the design capacity
and conduct all other appropriate maintenance to ensure the basin or
impoundment remains in effective operating condition.
2.2.13 If using treatment chemicals (e.g., polymers, flocculants, coagulants):
Use conventional erosion and sediment controls before and after the application of
treatment chemicals. Chemicals may only be applied where treated stormwater is
directed to a sediment control (e.g., sediment basin, perimeter control) before
discharge.
Select appropriate treatment chemicals. Chemicals must be appropriately suited to
the types of soils likely to be exposed during construction and present in the
discharges being treated (i.e., the expected turbidity, pH, and flow rate of
stormwater flowing into the chemical treatment system or area).
Minimize discharge risk from stored chemicals. Store all treatment chemicals in leak-
proof containers that are kept under storm-resistant cover and surrounded by
secondary containment structures (e.g., spill berms, dikes, spill containment pallets),
or provide equivalent measures designed and maintained to minimize the potential
discharge of treatment chemicals in stormwater or by any other means (e.g., storing
chemicals in a covered area, having a spill kit available on site and ensuring
personnel are available to respond expeditiously in the event of a leak or spill).
Comply with State/local requirements. Comply with applicable State and local
requirements regarding the use of treatment chemicals.
Use chemicals in accordance with good engineering practices and specifications of
the chemical provider/supplier. Use treatment chemicals and chemical treatment
systems in accordance with good engineering practices, and with dosing
specifications and sediment removal design specifications provided by the
provider/supplier of the applicable chemicals, or document in your SWPPP specific
departures from these specifications and how they reflect good engineering
practice.
Ensure proper training. Ensure all persons who handle and use treatment chemicals
at the construction site are provided with appropriate, product-specific training prior
to beginning application of treatment chemicals. Among other things, the training
must cover proper dosing requirements.
Perform additional measures specified by the EPA Regional Office for the authorized
use of cationic chemicals. If you have been authorized to use cationic chemicals at
your site pursuant to Part 1.1.9, you must perform all additional measures as
conditioned by your authorization to ensure the use of such chemicals will not result in
discharges that do not meet water quality standards.
2.2.14 Stabilize exposed portions of the site. Implement and maintain stabilization measures
(e.g., seeding protected by erosion controls until vegetation is established,35 sodding,
mulching, erosion control blankets, hydromulch, gravel) that minimize erosion from any
areas of exposed soil on the site in accordance with Part.
35 If you will be evaluating the use of some type of erosion control netting to the site as part of your site
stabilization, EPA encourages you to consider employing products that have been shown to minimize
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impacts on wildlife. For instance, the U.S. Fish & Wildlife Service provides recommendations on the type of
netting practices that are considered “wildlife friendly,” including those that use natural fiber or 100 percent
biodegradable materials and that use a loose weave with a non-welded, movable jointed netting, as well
as those products that are not wildlife friendly including square plastic netting that are degradable (e.g.,
photodegradable, UV-degradable, oxo-degradable), netting made from polypropylene, nylon,
polyethylene, or polyester. Other recommendations include removing the netting product when it is no
longer needed. See
https://www.fws.gov/midwest/eastlansing/library/pdf/WildlifeFriendlyErosionControlProducts_revised.pdf for
further information. There also may be State, Tribal, or local requirements about using wildlife friendly
erosion control products.
Stabilization Deadlines:36
36 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required
under Part 5.3, that the level of sediment discharge on the site makes it necessary to require a faster schedule for completing stabilization. For instance, if sediment discharges from an area of exposed soil that is required to be stabilized are compromising the performance of existing stormwater controls, EPA may require stabilization to correct this problem.
Table 2 Deadlines for Initiating and Completing Site Stabilization.
37 Limiting disturbances to five (5) acres or less at any one time means that at no time during the project do the cumulative earth disturbances exceed five (5) acres. The following examples would qualify as limiting disturbances at any one time to five (5) acres or less:
1. The total area of disturbance for a project is five (5) acres or less.
2. The total area of disturbance for a project will exceed five (5) acres, but the operator ensures that no more than five (5) acres will be disturbed at any one time through implementation of stabilization measures. In this way, site stabilization can be used to “free up” land that can be disturbed without exceeding the five (5)-acre cap to qualify for the 14-day stabilization deadline. For instance, if an operator completes stabilization of two (2) acres of land on a five (5)-acre disturbance, then two (2) additional acres could be disturbed while still qualifying for the longer 14-day stabilization deadline.
38 The following are examples of activities that would constitute the immediate initiation of stabilization:
1. Prepping the soil for vegetative or non-vegetative stabilization as long as seeding, planting, and/or
installation of non-vegetative stabilization products takes place as soon as practicable, but no later
than one (1) calendar day of completing soil preparation;
2. Applying mulch or other non-vegetative product to the exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the activities in # 1 – 3 on a portion of the entire area that will be stabilized; and
5. Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines
for completing stabilization.
39 The requirement to initiate stabilization immediately is triggered as soon as you know that construction
work on a portion of the site is temporarily ceased and will not resume for 14 or more days, or as soon as
you know that construction work is permanently ceased. In the context of this provision, “immediately”
means as soon as practicable, but no later than the end of the next business day, following the day when
the construction activities have temporarily or permanently ceased.
Total Amount of Land Disturbance Occurring At Any One Time37 Deadline
i. Five acres or less (≤5.0) Note: this includes sites disturbing more than five acres (>5.0) total over the course of a project, but that limit disturbance at any one time (i.e., phase the disturbance) to five acres or less (≤5.0)
• Initiate the installation of stabilization measures immediately38 in any areas of exposed soil where construction activities have permanently ceased or will be temporarily inactive for 14 or more calendar days;39 and
• Complete the installation of stabilization measures as soon as practicable, but no later than 14 calendar days
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Total Amount of Land Disturbance Occurring At Any One Time37 Deadline
after stabilization has been initiated.40
ii. More than five acres (>5.0) • Initiate the installation of stabilization measures immediately41 in any areas of exposed soil where construction activities have permanently ceased or will be temporarily inactive for 14 or more calendar days;42 and
• Complete the installation of stabilization measures as soon as practicable, but no later than seven (7) calendar days after stabilization has been initiated.43
40 If vegetative stabilization measures are being implemented, stabilization is considered “installed” when
all activities necessary to seed or plant the area are completed, including the application of any non-
vegetative protective cover (e.g., mulch, erosion control blanket), if applicable. If non-vegetative stabilization measures are being implemented, stabilization is considered “installed” when all such
measures are implemented or applied.
41 See footnote 38.
42 See footnote 39.
43 See footnote 40.
44 The term “seasonally dry period” as defined in Appendix A refers to a month in which the long-term
average total precipitation is less than or equal to 0.5 inches. Refer to EPA’s Seasonally Dry Period Locator
Tool at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates and
supporting maps for assistance in determining whether a site is operating during a seasonally dry period for
the area.
45 Examples include problems with the supply of seed stock or with the availability of specialized equipment
and unsuitability of soil conditions due to excessive precipitation and/or flooding.
Exceptions:
Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). If it is the
seasonally dry period (as defined in Appendix A)44 or a period in which drought is
occurring, and vegetative stabilization measures are being used:
(a) Immediately initiate and, within 14 calendar days of temporary or permanent cessation of work in any portion of your site, complete the
installation of temporary non-vegetative stabilization measures to the extent
necessary to prevent erosion;
(b) As soon as practicable, given conditions or circumstances on the site, complete all activities necessary to seed or plant the area to be stabilized;
and
(c) If construction is occurring during the seasonally dry period, indicate in your
SWPPP the beginning and ending dates of the seasonally dry period and your site conditions. Also include the schedule you will follow for initiating
and completing vegetative stabilization.
Unforeseen circumstances. Operators that are affected by unforeseen
circumstances45 that delay the initiation and/or completion of vegetative
stabilization:
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(a) Immediately initiate and, within 14 calendar days, complete the installation of temporary non-vegetative stabilization measures to prevent erosion;
(b) Complete all soil conditioning, seeding, watering or irrigation installation,
mulching, and other required activities related to the planting and initial
establishment of vegetation as soon as conditions or circumstances allow it on your site; and
(c) Document in the SWPPP the circumstances that prevent you from meeting
the deadlines in Part 2.2.14a and the schedule you will follow for initiating
and completing stabilization.
Discharges to a sediment- or nutrient-impaired water or to a water that is
identified by your State, Tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for antidegradation
purposes. Complete stabilization as soon as practicable, but no later than seven
(7) calendar days after stabilization has been initiated.
Final Stabilization Criteria (for any areas not covered by permanent structures):
Establish uniform, perennial vegetation (i.e., evenly distributed, without large bare
areas) to provide 70 percent or more of the vegetative cover native to local
undisturbed areas; and/or
Implement permanent non-vegetative stabilization measures46 to provide
effective cover of any areas of exposed soil.
46 Examples of permanent non-vegetative stabilization measures include riprap, gravel, gabions, and
geotextiles.
Exceptions:
(a) Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). Final
stabilization is met if the area has been seeded or planted to establish vegetation that provides 70 percent or more of the vegetative cover native
to local undisturbed areas within three (3) years and, to the extent necessary
to prevent erosion on the seeded or planted area, non-vegetative erosion controls have been applied to provide cover for at least three years without active maintenance.
(b) Disturbed areas on agricultural land that are restored to their preconstruction agricultural use. The Part 2.2.14c final stabilization criteria do not apply.
(c) Areas that need to remain disturbed. In limited circumstances, stabilization
may not be required if the intended function of a specific area of the site
necessitates that it remain disturbed, and only the minimum area needed
remains disturbed (e.g., dirt access roads, utility pole pads, areas being used for storage of vehicles, equipment, materials).
2.3 POLLUTION PREVENTION REQUIREMENTS47
47 Under this permit, you are not required to minimize exposure for any products or materials where the
exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of
a specific material or product poses little risk of stormwater contamination (such as final products and
materials intended for outdoor use).
You must implement pollution prevention controls in accordance with the following
requirements to minimize the discharge of pollutants in stormwater and to prevent the discharge of pollutants from spilled or leaked materials from construction activities.
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2.3.1 For equipment and vehicle fueling and maintenance:
Provide an effective means of eliminating the discharge of spilled or leaked
chemicals, including fuels and oils, from these activities;48
48 Examples of effective means include:
• Locating activities away from receiving waters, storm drain inlets, and constructed or natural site drainage feature so that stormwater coming into contact with these activities cannot reach waters of the U.S.;
• Providing secondary containment (e.g., spill berms, dikes, spill containment pallets) and cover
where appropriate; and
• Having a spill kit available on site and ensuring personnel are available to respond expeditiously in
the event of a leak or spill.
If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC)
requirements in 40 CFR part 112 and Section 311 of the CWA;
Ensure adequate supplies are available at all times to handle spills, leaks, and
disposal of used liquids;
Use drip pans and absorbents under or around leaky vehicles;
Dispose of or recycle oil and oily wastes in accordance with other Federal, State,
Tribal, or local requirements; and
Clean up spills or contaminated surfaces immediately, using dry clean up measures
(do not clean contaminated surfaces by hosing the area down), and eliminate the
source of the spill to prevent a discharge or a continuation of an ongoing discharge.
2.3.2 For equipment and vehicle washing:
Provide an effective means of minimizing the discharge of pollutants from equipment
and vehicle washing, wheel wash water, and other types of wash waters;49
49 Examples of effective means include locating activities away from receiving waters and storm drain inlets
or constructed or natural site drainage features and directing wash waters to a sediment basin or sediment
trap, using filtration devices, such as filter bags or sand filters, or using other similarly effective controls.
Ensure there is no discharge of soaps, solvents, or detergents in equipment and
vehicle wash water; and
For storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic
sheeting, temporary roofs) to minimize the exposure of these detergents to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas.
2.3.3 For storage, handling, and disposal of building products, materials, and wastes:50
50 Compliance with the requirements of this permit does not relieve compliance requirements with respect
to Federal, State, or local laws and regulations governing the storage, handling, and disposal of solid,
hazardous, or toxic wastes and materials.
For building materials and building products,51 provide either (1) cover (e.g., plastic
sheeting, temporary roofs) to minimize the exposure of these products to
51 Examples of building materials and building products typically present at construction sites include
asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures, and gravel and mulch
stockpiles.
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precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas.
Exception: Minimization of exposure is not required in cases where the exposure to
precipitation and to stormwater will not result in a discharge of pollutants, or where
exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use).
For pesticides, herbicides, insecticides, fertilizers, and landscape materials:
In storage areas, provide either (1) cover (e.g., plastic sheeting, temporary roofs)
to minimize the exposure of these chemicals to precipitation and to stormwater,
or (2) a similarly effective means designed to minimize the discharge of pollutants
from these areas; and
Comply with all application and disposal requirements included on the registered
pesticide, herbicide, insecticide, and fertilizer label (see also Part 2.3.5).
For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals:
The following requirements apply to the storage and handling of chemicals on your
site. If you are already implementing controls as part of an SPCC or other spill
prevention plan that meet or exceed the requirements of this Part, you may continue
to do so and be considered in compliance with these provisions provided you
reference the applicable parts of the SPCC or other plans in your SWPPP as required
in Part 7.2.6b.viii.
If any chemical container has a storage capacity of less than 55 gallons:
(a) The containers must be water-tight, and must be kept closed, sealed, and
secured when not being actively used;
(b) If stored outside, use a spill containment pallet or similar device to capture
small leaks or spills; and
(c) Have a spill kit available on site that is in good working condition (i.e., not
damaged, expired, or used up) and ensure personnel are available to
respond immediately in the event of a leak or spill.
If any chemical container has a storage capacity of 55 gallons or more:
(a) The containers must be water-tight, and must be kept closed, sealed, and
secured when not being actively used;
(b) Store containers a minimum of 50 feet from receiving waters, constructed or
natural site drainage features, and storm drain inlets. If infeasible due to site
constraints, store containers as far away from these features as the site
permits. If site constraints prevent you from storing containers 50 feet away
from receiving waters or the other features identified, you must document in
your SWPPP the specific reasons why the 50-foot setback is infeasible, and
how you will store containers as far away as the site permits;
(c) Provide either (1) cover (e.g., temporary roofs) to minimize the exposure of
these containers to precipitation and to stormwater, or (2) secondary
containment (e.g., curbing, spill berms, dikes, spill containment pallets,
double-wall, above-ground storage tank); and
(d) Have a spill kit available on site that is in good working condition (i.e., not
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damaged, expired, or used up) and ensure personnel are available to
respond immediately in the event of a leak or spill. Additional secondary
containment measures are listed at 40 CFR § 112.7(c)(1).
Clean up spills immediately, using dry clean-up methods where possible, and
dispose of used materials properly. You are prohibited from hosing the area down
to clean surfaces or spills. Eliminate the source of the spill to prevent a discharge
or a furtherance of an ongoing discharge.
For hazardous or toxic wastes:52
52 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks,
sealants, fluorescent light ballasts, solvents, petroleum-based products, wood preservatives, additives,
curing compounds, and acids.
Separate hazardous or toxic waste from construction and domestic waste;
Store waste in sealed containers, constructed of suitable materials to prevent
leakage and corrosion, and labeled in accordance with applicable Resource
Conservation and Recovery Act (RCRA) requirements and all other applicable
Federal, State, Tribal, or local requirements;
Store all outside containers within appropriately-sized secondary containment
(e.g., spill berms, dikes, spill containment pallets) to prevent spills from being
discharged, or provide a similarly effective means designed to prevent the
discharge of pollutants from these areas (e.g., storing chemicals in a covered
area, having a spill kit available on site);
Dispose of hazardous or toxic waste in accordance with the manufacturer’s
recommended method of disposal and in compliance with Federal, State, Tribal,
and local requirements;
Clean up spills immediately, using dry clean-up methods, and dispose of used
materials properly. You are prohibited from hosing the area down to clean
surfaces or spills. Eliminate the source of the spill to prevent a discharge or a
furtherance of an ongoing discharge; and
Follow all other Federal, State, Tribal, and local requirements regarding hazardous
or toxic waste.
For construction and domestic wastes:53
53 Examples of construction and domestic wastes include packaging materials, scrap construction
materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, demolition
debris; and other trash or discarded materials.
Provide waste containers (e.g., dumpster, trash receptacle) of sufficient size and
number to contain construction and domestic wastes;
(a) For waste containers with lids, keep waste container lids closed when not in
use, and close lids at the end of the business day and during storm events. For
waste containers without lids, provide either (1) cover (e.g., a tarp, plastic
sheeting, temporary roof) to minimize exposure of wastes to precipitation, or
(2) a similarly effective means designed to minimize the discharge of
pollutants (e.g., secondary containment);
(b) On business days, clean up and dispose of waste in designated waste
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containers; and
(c) Clean up immediately if containers overflow, and if there is litter elsewhere on
the site from escaped trash.
Waste containers are not required for the waste remnant or unused portions of
construction materials or final products that are covered by the exception in Part
2.2.3a provided that:
(a) These wastes are stored separately from other construction or domestic
wastes addressed by Part 2.3.3e.i (i.e., wastes not covered by the exception
in Part 2.3.3a). If the wastes are mixed, they must be stored in waste
containers as required in Part 2.3.3e.i; and
(b) These wastes are stored in designated areas of the site, the wastes are
described in the SWPPP (see Part 7.2.6b.ix), and identified in the site plan (see
Part 7.2.4i).
For sanitary waste, position portable toilets so they are secure and will not be tipped
or knocked over, and are located away from receiving waters, storm drain inlets, and
constructed or natural site drainage features.
2.3.4 For washing applicators and containers used for stucco, paint, concrete, form release
oils, curing compounds, or other materials:
Direct wash water into a leak-proof container or leak-proof and lined pit designed so
no overflows can occur due to inadequate sizing or precipitation;
Handle washout or cleanout wastes as follows:
For liquid wastes:
(a) Do not dump liquid wastes or allow them to enter into constructed or natural
site drainage features, storm inlets, or receiving waters;
(b) Do not allow liquid wastes to be disposed of through infiltration or to otherwise
be disposed of on the ground;
(c) Comply with applicable State, Tribal, or local requirements for disposal
Remove and dispose of hardened concrete waste consistent with your handling
of other construction wastes in Part 2.3.3e; and
Locate any washout or cleanout activities as far away as possible from receiving
waters, constructed or natural site drainage features, and storm drain inlets, and, to
the extent feasible, designate areas to be used for these activities and conduct such
activities only in these areas.
2.3.5 For the application of fertilizers:
Apply at a rate and in amounts consistent with manufacturer’s specifications, or
document in the SWPPP departures from the manufacturer specifications where
appropriate in accordance with Part 7.2.6b.x;
Apply at the appropriate time of year for your location, and preferably timed to
coincide as closely as possible to the period of maximum vegetation uptake and
growth;
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Avoid applying before heavy rains that could cause excess nutrients to be
discharged;
Never apply to frozen ground;
Never apply to constructed or natural site drainage features; and
Follow all other Federal, State, Tribal, and local requirements regarding fertilizer
application.
2.3.6 Emergency Spill Notification Requirements
Discharges of toxic or hazardous substances from a spill or other release are prohibited,
consistent with Part 1.3.5. Where a leak, spill, or other release containing a hazardous
substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR part 110, 40 CFR part 117, or 40 CFR part 302 occurs during a 24-hour
period, you must notify the National Response Center (NRC) at (800) 424-8802 or, in the
Washington, DC metropolitan area, call (202) 267-2675 in accordance with the requirements of 40 CFR part 110, 40 CFR part 117, and 40 CFR part 302 as soon as you have knowledge of the release. You must also, within seven (7) calendar days of
knowledge of the release, provide a description of the release, the circumstances
leading to the release, and the date of the release. State, Tribal, or local requirements may necessitate additional reporting of spills or discharges to local emergency response,
public health, or drinking water supply agencies.
2.4 CONSTRUCTION DEWATERING REQUIREMENTS
Comply with the following requirements to minimize the discharge of pollutants from dewatering54 operations.
54 “Dewatering” is defined in Appendix A as “the act of draining accumulated stormwater and/or ground
water from building foundations, vaults, and trenches, or other similar points of accumulation.”
2.4.1 Route dewatering water through a sediment control (e.g., sediment trap or basin,
pumped water filter bag) designed to prevent discharges with visual turbidity; 55
55 For the purposes of this permit, visual turbidity is present where there is a sediment plume in the discharge
or the discharge appears cloudy, or opaque, or has a visible contrast that can be identified by an
observer.
2.4.2 Do not discharge visible floating solids or foam;
2.4.3 The discharge must not cause the formation of a visible sheen on the water surface, or
visible oily deposits on the bottom or shoreline of the receiving water. Use an oil-water
separator or suitable filtration device (such as a cartridge filter) designed to remove oil,
grease, or other products if dewatering water is found to or expected to contain these
materials;
2.4.4 To the extent feasible, use well-vegetated (e.g., grassy or wooded), upland areas of the
site to infiltrate dewatering water before discharge.56 You are prohibited from using
receiving waters as part of the treatment area;
56 See footnote 19.
2.4.5 To prevent dewatering-related erosion and related sediment discharges:
Use stable, erosion-resistant surfaces (e.g., well-vegetated grassy areas, clean filter
stone, geotextile underlayment) to discharge from dewatering controls;
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Do not place dewatering controls, such as pumped water filter bags, on steep slopes
(as defined in Appendix A); and
At all points where dewatering water is discharged, comply with the velocity
dissipation requirements of Part 2.2.11.
2.4.6 For backwash water, either haul it away for disposal or return it to the beginning of the treatment process;
2.4.7 Replace and clean the filter media used in dewatering devices when the pressure
differential equals or exceeds the manufacturer’s specifications; and
2.4.8 Comply with dewatering-specific inspection requirements in Part 4.
3 WATER QUALITY-BASED EFFLUENT LIMITATIONS
3.1 GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS
Discharges must be controlled as necessary to meet applicable water quality standards.
Discharges must also comply with any additional State or Tribal requirements that are in
Part 9.
In the absence of information demonstrating otherwise, EPA expects that compliance
with the conditions in this permit will result in stormwater discharges being controlled as
necessary to meet applicable water quality standards. If at any time you become aware, or EPA determines, that discharges are not being controlled as necessary to meet applicable water quality standards, you must take corrective action as required in
Parts 5.1 and 5.2, and document the corrective actions as required in Part 5.4.
EPA may insist that you install additional controls (to meet the narrative water quality-based effluent limit above) on a site-specific basis, or require you to obtain coverage
under an individual permit, if information in your NOI or from other sources indicates that
your discharges are not controlled as necessary to meet applicable water quality
standards. This includes situations where additional controls are necessary to comply with a wasteload allocation in an EPA-established or approved TMDL.
If during your coverage under a previous permit, you were required to install and
maintain stormwater controls specifically to meet the assumptions and requirements of
an EPA-approved or established TMDL (for any parameter) or to otherwise control your discharge to meet water quality standards, you must continue to implement such
controls as part of your coverage under this permit.
3.2 WATER QUALITY-BASED CONDITIONS FOR SITES DISCHARGING TO CERTAIN IMPAIRED AND
HIGH QUALITY RECEIVING WATERS
For any portion of the site that discharges to a sediment or nutrient-impaired water or to
a water that is identified by your State, Tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes,57 you must comply with the inspection frequency specified in
Part 4.3 and you must comply with the stabilization deadline specified in Part 2.2.14b.iii.58
57 Refer to Appendix A for definitions of “impaired water” and “Tier 2,” “Tier 2.5,” and “Tier 3” waters. For
assistance in determining whether your site discharges to impaired waters, EPA has developed a tool that is
available at https://www.epa.gov/npdes/epas-stormwater-discharge-mapping-tools. For assistance in
determining whether your site discharges to a Tier 2, 2.5, or 3 water, refer to the list of such waters at
https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates.
58 If you qualify for any of the reduced inspection frequencies in Part 4.4, you may conduct inspections in
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accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.
If you discharge to a water that is impaired for a parameter other than a sediment-related parameter or nutrients, EPA will inform you if any additional controls are
necessary for your discharge to be controlled as necessary to meet water quality
standards. These controls might include those necessary for your discharge to be
consistent with the assumptions of any available wasteload allocation in any applicable TMDL. In addition, EPA may require you to apply for and obtain coverage under an
individual NPDES permit.
In addition, on a case-by-case basis, EPA may notify operators of new sites or operators
of existing sites with increased discharges that additional analyses, stormwater controls, and/or other measures are necessary to comply with the applicable antidegradation
requirements, or notify you that an individual permit application is necessary.
If you discharge to a water that is impaired for polychlorinated biphenyls (PCBs) and are
engaging in demolition of any structure with at least 10,000 square feet of floor space built or renovated before January 1, 1980, you must:
Implement controls59 to minimize the exposure of PCB-containing building materials,
including paint, caulk, and pre-1980 fluorescent lighting fixtures, to precipitation and
to stormwater; and
59 Examples of controls to minimize exposure of PCBs to precipitation and stormwater include separating
work areas from non-work areas and selecting appropriate personal protective equipment and tools,
constructing a containment area so that all dust or debris generated by the work remains within the
protected area, and using tools that minimize dust and heat (<212°F). For additional information, refer to
Part 2.3.3 of the CGP Fact Sheet.
Ensure that disposal of such materials is performed in compliance with applicable
State, Federal, and local laws.
3.3 TURBIDITY BENCHMARK MONITORING FOR SITES DISCHARGING DEWATERING WATER TO
PROTECT THE WATER QUALITY OF SENSITIVE WATERS
For sites discharging dewatering water to “sensitive waters” (i.e., receiving waters listed
as impaired for sediment or a sediment-related parameter (as defined in Appendix A), or
receiving waters designated as a Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes)
you are required to comply with the benchmark monitoring requirements in this Part and document the procedures you will use at your site in your SWPPP pursuant to Part 7.2.8. A
summary of these requirements is included in Table 1.
EPA notes that the benchmark threshold is not an effluent limitation, rather it is an
indicator that the dewatering controls may not be working to protect water quality, which the operator must investigate and correct as appropriate. A benchmark
exceedance is not a permit violation. However, if a benchmark exceedance triggers
corrective action in Part 5.1.5a, failure to conduct any required action is a permit
violation.
Where there are multiple operators associated with the same site, the operators may
coordinate with one another to carry out the monitoring requirements of this Part in order
to avoid duplicating efforts. Such coordinating arrangements must be described in the SWPPP consistent with Part 7.2.8. Regardless of how the operators divide the
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responsibilities for monitoring and reporting, each operator remains responsible for compliance with these requirements.60
60 For instance, if Operator A relies on Operator B to meet the Part 3.3.1 turbidity monitoring requirements,
the Part 3.3.4 reporting and recordkeeping requirements, and the Part 5.2.2 corrective action provisions when applicable, Operator A does not have to duplicate these same functions if Operator B is
implementing them for both operators to be in compliance with the permit. However, Operator A remains
responsible for complying with these permit requirements if Operator B fails to take actions that were
necessary for Operator A to comply with the permit. See also footnote 83. EPA notes that both Operator A
and B are required to submit turbidity monitoring reports as required under Part 3.3.4, however, Operator
A’s report does not need to include the data collected by Operator B as long as Operator B submits the
required data and Operator A’s report indicates that it is relying on Operator B to report the data. See Part
3.3.4a.
3.3.1 Turbidity monitoring requirements61
61 Operators may find it useful to consult EPA’s Monitoring and Inspection Guide for Construction
Dewatering, available at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-
templates, which provides guidelines on how to correctly monitor for turbidity, determine if the weekly
average exceeds the benchmark, and, if so, how to proceed with corrective action.
Sampling frequency. You must collect at least one turbidity sample from your
dewatering discharge each day a discharge occurs.
Sampling location. Samples must be taken at all points where dewatering water is
discharged. Samples must be taken after the dewatering water has been treated by
installed treatment devices pursuant to Parts 2.4.1 and 2.4.3 and prior to its discharge
off site into a receiving water, constructed or natural site drainage feature, or storm
drain inlet.
Representative samples. Samples taken must be representative of the dewatering
discharge for any given day as required in Appendix G (standard permit conditions),
Part G.10.2.
Test methods. Samples must be measured using a turbidity meter that reports results in
nephelometric turbidity units (NTUs) and conforms with a Part 136-approved method
(e.g., methods 180.1 and 2130). You are required to use the meter, and conduct a
calibration verification prior to each day’s use, consistent with the manufacturer’s
instructions.
3.3.2 Turbidity benchmark
The benchmark threshold for turbidity for this permit is 50 NTUs (referred to elsewhere
in this permit as the “standard 50 NTU benchmark”) unless EPA has authorized the use
of an alternate benchmark in accordance with Part 3.3.2b.
Request for alternate benchmark threshold.
At any time prior to or during your coverage under this permit, you may request
that EPA approve a benchmark for your site that is higher than 50 NTUs if you
have information demonstrating the higher number is the same as your receiving
water’s water quality standard for turbidity. Unless EPA approves an alternate
benchmark, you will be required to use the standard 50 NTU benchmark. To
request approval of an alternate benchmark, you must submit the following
information to your applicable EPA Regional Office (see Appendix K):
(a) The current turbidity water quality standard that applies to your receiving
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water and the source/citation.62
62 For instance, if your site is located in Washington, DC, and you are discharging to a Class B water, for which the water quality standard is that turbidity may not increase above ambient levels by more than 20
percent, you would reference “Water Quality Standards for the District of Columbia, Chapter 11, Section
1104.8.”
(b) If the applicable turbidity water quality standard requires information on
natural or background turbidity levels (e.g., “no more than 10 NTU above
natural turbidity levels”) to determine the specific standard for the receiving
water, include available data that can be used to establish the natural
turbidity levels of your receiving water (including literature studies or Federal,
State, Tribal, or local government data). Data must be representative of the
natural turbidity levels of your specific receiving water. Identify the source(s)
of all data provided, including if the data are from samples you collected of
the receiving water.
EPA will inform you of its decision on whether to approve the requested alternate
benchmark within 30 days. EPA may approve your request, request additional
time (e.g., if additional information is needed to substantiate the data you
provided), or deny your request. Unless and until EPA approves your request to
use an alternate benchmark, you are required to use the standard benchmark of
50 NTUs and take any required corrective actions if an exceedance occurs.
3.3.3 Comparison of turbidity samples to benchmark. Compare the weekly average63 of your
turbidity monitoring results to the standard 50 NTU benchmark, or alternate benchmark if
approved by EPA.
63 A “weekly average” is defined as the sum of all of the turbidity samples taken during a “monitoring
week” divided by the number of samples measured during that week. Average values should be
calculated to the nearest whole number.
If the weekly average of your turbidity monitoring results exceeds the standard
benchmark (or your approved alternate benchmark), you are required to conduct
follow-up corrective action in accordance with Part 5.2.2 and document any
corrective action taken in your corrective action log in accordance with Part 5.4.
For averaging purposes, a “monitoring week” starts with a Monday and ends on
Sunday. Once a new monitoring week starts, you will need to calculate a new
average for that week of turbidity monitoring results.64 A weekly average may consist
of one or more turbidity monitoring results.
64 For example, if turbidity samples from your dewatering discharge in week 1 result in values of 30 NTU on
Tuesday, 40 NTU on Wednesday, and 45 NTU on Thursday, your weekly average turbidity value would be
38.33 NTU ((30+40+45) ÷ 3 = 38 NTU). If in week 2, your turbidity samples resulted in values of 45 NTU on
Monday, 30 NTU on Tuesday, 25 NTU on Wednesday, and 15 NTU on Thursday, you would calculate a new
average for that week, which would yield an average turbidity value of 28.75 NTU ((45+30+25+15) ÷ 4 = 29
NTU). By comparison, if your samples on consecutive days from Friday to Monday were 60 NTU, 45 NTU, 40
NTU, and 43 NTU, respectively, and there are no other dewatering discharges for the remainder of the
week, you would calculate one weekly average for the Friday to Sunday to be 48 NTU ((60+45+40) ÷ 3 = 48
NTU), and a separate weekly average for the one Monday to be 43 NTU (43 ÷ 1 = 43 NTU).
Although you are not required to collect and analyze more than one turbidity sample
per day from your dewatering discharge, if you do collect and analyze more than
one sample on any given day, you must include any additional results in the
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calculation of your weekly average (i.e., add all individual results for that monitoring
week and divide by the total number of samples).65
65 For example, if during a monitoring week you take two turbidity samples on Tuesday with a value of 30
NTU and 35 NTU, three samples on Wednesday with a value of 40 NTU, 45 NTU, and 48 NTU, and one sample
on Thursday with a value of 45 NTU, your weekly average turbidity value for this week would be 41 NTU
((30+35+40+45+48+45) ÷ 6 = 41 NTU).
If you are conducting turbidity monitoring for more than one dewatering discharge
point, you must calculate a weekly average turbidity value for each discharge point
and compare each to the turbidity benchmark.
3.3.4 Reporting and recordkeeping.
You must submit reports of your weekly average turbidity data to EPA no later than 30
days following the end of each monitoring quarter. If there are monitoring weeks in
which there was no dewatering discharge, or if there is a monitoring quarter with no
dewatering discharge, indicate this in your turbidity monitoring report. If another
operator associated with your same site is conducting turbidity monitoring on your
behalf pursuant to Part 3.3, indicate this in your turbidity monitoring report.
For the purposes of this permit, the following monitoring quarters and reporting
deadlines apply:
Table 3. Monitoring Quarters and Deadlines for Reporting Turbidity Benchmark Monitoring Data.
Monitoring
Quarter #
Months Reporting Deadline (no later than 30
days after end of the monitoring
quarter)
1 January 1 – March 31 April 30
2 April 1 – June 30 July 30
3 July 1 – September 30 October 30
4 October 1 – December 31 January 30
You must use EPA’s NPDES eReporting Tool (NeT) to electronically submit your
quarterly turbidity data, unless, consistent with Part 1.4.2, you received a waiver from
your applicable EPA Regional Office. If the EPA Regional Office grants you approval
to use a paper turbidity monitoring report form, and you elect to use it, you must
complete the form in Appendix K. If EPA approves of your request to use an alternate
turbidity benchmark pursuant to Part 3.3.2b, EPA will substitute the alternate
benchmark in your NeT account.
For each day in which you are required to monitor, you must record the monitoring
information required by Appendix G, Parts G.10.2 and G.10.3 and retain all such
information for a period of at least three years from the date this permit expires or
from the date your authorization is terminated.
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Table 4. Summary of Turbidity Benchmark Monitoring Requirements.
Applicability Sampling Requirement Turbidity Benchmark Corrective Action Reporting
Sites discharging dewatering water to a sediment-impaired water or to a water designated as a Tier 2, Tier 2.5, or Tier 3 for antidegradation purposes.
Collect at least one turbidity sample per day, from each discharge point, on any day there is a dewatering discharge.
Use turbidity sampling procedures specified in Part
3.3.1.
Compare the weekly average of your turbidity monitoring results to the 50 NTU benchmark (or alternate benchmark if approved by EPA).
If the weekly average of turbidity monitoring results exceeds the 50 NTU turbidity benchmark (or alternate benchmark if approved by EPA), you are required to take follow-up
corrective action
in accordance
with Part 5.2.2.
Report all weekly average turbidity monitoring results on a quarterly basis via NeT-CGP (unless use of the paper monitoring form in Appendix K is approved by EPA) no later than 30 days following the end of each
monitoring
quarter.
4 INSPECTION REQUIREMENTS
4.1 PERSON(S) RESPONSIBLE FOR CONDUCTING SITE AND DEWATERING INSPECTIONS
The person(s) inspecting your site may be a person on your staff or a third party you hire
to conduct such inspections. You are responsible for ensuring that any person conducting inspections pursuant to this Part is a “qualified person.” A qualified person is
someone who has completed the training required by Part 6.3.
4.2 FREQUENCY OF INSPECTIONS.66
66 Inspections are only required during the site’s normal working hours.
At a minimum, you must conduct a site inspection in accordance with one of the two schedules listed below, unless you are subject to the Part 4.3 site inspection frequency for
discharges to sediment or nutrient-impaired or high quality waters, or qualify for a Part 4.4
reduction in the inspection frequency:
4.2.1 At least once every seven (7) calendar days; or
4.2.2 Once every 14 calendar days and within 24 hours67 of the occurrence of:
67 For the purposes of the inspection requirements in this Part, conducting an inspection “within 24 hours”
means that once either of the two conditions in Parts 4.2.2a or 4.2.2b are met you have 24 hours from that
time to conduct an inspection. For clarification, the 24 hours is counted as a continuous passage of time,
and not counted by business hours (e.g., 3 business days of 8 hours each). When the 24-hour inspection
time frame occurs entirely outside of normal working hours, you must conduct an inspection by no later
than the end of the next business day.
A storm event that produces 0.25 inches or more of rain within a 24-hour period.
If a storm event produces 0.25 inches or more of rain within a 24-hour period
(including when there are multiple, smaller storms that alone produce less than
0.25 inches but together produce 0.25 inches or more in 24 hours), you are
required to conduct one inspection within 24 hours of when 0.25 inches of rain or
more has fallen.
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If a storm event produces 0.25 inches or more of rain within a 24-hour period on
the first day of a storm and continues to produce 0.25 inches or more of rain on
subsequent days, you must conduct an inspection within 24 hours of the first day
of the storm and within 24 hours after the last day of the storm that produces 0.25
inches or more of rain (i.e., only two inspections would be required for such a
storm event).68
68 For example, if 0.30 inches of rain falls on Day 1, 0.25 inches of rain falls on Day 2, and 0.10 inches of rain
fall on Day 3, you would be required to conduct a first inspection within 24 hours of the Day 1 rainfall and a
second inspection within 24 hours of the Day 2 rainfall, but a third inspection would not be required within
24 hours of the Day 3 rainfall.
A discharge caused by snowmelt from a storm event that produces 3.25 inches69 or
more of snow within a 24-hour period. You are required to conduct one inspection
once the discharge of snowmelt from a 3.25-inch or more snow accumulation
occurs. Additional snowmelt inspections are only required if following the discharge
from the first snowmelt, there is a discharge from a separate storm event that
produces 3.25 inches or more of snow.
69 This is the amount of snow that is equivalent to 0.25 inches of rain, based on information from the National
Oceanic and Atmospheric Administration (NOAA) indicating that 13 inches of snow is, on average,
equivalent to 1 inch of rain. See https://www.nssl.noaa.gov/education/svrwx101/winter/faq/.
4.2.3 To determine whether a storm event meets either of the thresholds in Parts 4.2.2a or
4.2.2b:
For rain, you must either keep a properly maintained rain gauge on your site, or
obtain the storm event information from a weather station that is representative of
your location. For any 24-hour period during which there is 0.25 inches or more of
rainfall, you must record the total rainfall measured for that day in accordance with
Part 4.7.1d.
For snow, you must either take measurements of snowfall at your site,70 or rely on
similar information from a local weather forecasting provider that is representative of
your location.
70 For snowfall measurements, EPA suggests use of NOAA’s National Weather Service guidelines at
https://www.weather.gov/jkl/snow_measurement. These guidelines recommend use of a “snowboard” (a
piece of wood about 16 inches by 16 inches) that is placed in an unobstructed part of the site on a hard
surface.
4.3 INCREASE IN INSPECTION FREQUENCY FOR CERTAIN SITES.
The increased inspection frequencies established in this Part take the place of the Part
4.2 inspection frequencies for the portion of the site affected.
4.3.1 For any portion of the site that discharges to a sediment or nutrient-impaired water or to a
water that is identified by your State, Tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes (see Part 3.2), you must conduct an once every seven (7)
calendar days and within 24 hours of the occurrence of a storm event that produces
0.25 inches or more of rain within a 24-hour period, or within 24 hours of a snowmelt
discharge from a storm event that produces 3.25 inches or more of snow within a 24-hour
period.
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Refer to Parts 4.2.3a and 4.2.3b for the requirements to determine if a storm event produces enough rain or snow to trigger the inspection requirement.
4.3.2 For sites discharging dewatering water, you must conduct an inspection in accordance
with Part 4.6.3 during the discharge once per day on which the discharge occurs. The
Part 4.2 inspection frequency still applies to all other portions of the site, unless the site is
affected by either the increased frequency in Part 4.3.1 or the reduced frequency in Part
4.4.
4.4 REDUCTIONS IN INSPECTION FREQUENCY
4.4.1 Stabilized areas.
You may reduce the frequency of inspections to twice per month for the first month,
no more than 14 calendar days apart, then once per month until permit coverage is
terminated consistent with Part 8 in any area of your site where the stabilization steps
in Part 2.2.14a have been completed. If construction activity resumes in this portion of
the site at a later date, the inspection frequency immediately increases to that
required in Parts 4.2 and 4.3, as applicable. You must document the beginning and
ending dates of this period in your SWPPP.
Exception. For “linear construction sites” (as defined in Appendix A) where disturbed
portions have undergone final stabilization at the same time active construction
continues on others, you may reduce the frequency of inspections to twice per
month for the first month, no more than 14 calendar days apart, in any area of your
site where the stabilization steps in Part 2.2.14a have been completed. After the first
month, inspect once more within 24 hours of the occurrence of a storm event that
produces 0.25 inches of rain or more within a 24-hour period, or within 24 hours of a
snowmelt discharge from a storm event that produces 3.25 inches or more of snow
within a 24-hour period. If there are no issues or evidence of stabilization problems,
you may suspend further inspections. If “wash-out” of stabilization materials and/or
sediment is observed, following re-stabilization, inspections must resume at the
inspection frequency required in Part 4.4.1a. Inspections must continue until final
stabilization is visually confirmed following a storm event that produces 0.25 inches of
rain or more within a 24-hour period.
4.4.2 Arid, semi-arid, or drought-stricken areas (as defined in Appendix A). If it is the seasonally
dry period71 or a period in which drought is occurring, you may reduce the frequency of
inspections to once per month and within 24 hours of the occurrence of a storm event
that produces 0.25 inches of rain or more within a 24-hour period, or within 24 hours of a
snowmelt discharge from a storm event that produces 3.25 inches or more of snow within
a 24-hour period. You must document that you are using this reduced schedule and the
beginning and ending dates of the seasonally dry period in your SWPPP. Follow the
procedures in Part 4.2.3a and 4.2.3b, accordingly, to determine if a storm event occurs
that produces 0.25 inches or more of rain or 3.25 inches or more of snow within a 24-hour
period. For any 24-hour period during which there is 0.25 inches or more of rainfall, or 3.25
inches or more of snow, you must record the total rainfall or snow measured for that day
in accordance with Part 4.7.1d.
71 See footnote 44.
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4.4.3 Frozen conditions:
If you are suspending construction activities due to frozen conditions, you may
temporarily suspend inspections on your site until thawing conditions (as defined in
Appendix A) begin to occur if:
Discharges are unlikely due to continuous frozen conditions that are likely to
continue at your site for at least three (3) months based on historic seasonal
averages.72 If unexpected weather conditions (such as above freezing
temperatures or rain events) make discharges likely, you must immediately
resume your regular inspection frequency as described in Parts 4.2 and 4.3, as
applicable;
72 Use data sets that include the most recent data available to account for recent precipitation patterns
and trends.
Land disturbances have been suspended; and
All disturbed areas of the site have been stabilized in accordance with Part
2.2.14a.
If you are still conducting construction activities during frozen conditions, you may
reduce your inspection frequency to once per month if:
Discharges are unlikely due to continuous frozen conditions that are likely to
continue at your site for at least three (3) months based on historic seasonal
averages. If unexpected weather conditions (such as above freezing
temperatures or rain events) make discharges likely, you must immediately
resume your regular inspection frequency as described in Parts 4.2 and 4.3, as
applicable; and
Except for areas in which you are actively conducting construction activities,
disturbed areas of the site have been stabilized in accordance with Part 2.2.14a.
You must document the beginning and ending dates of this period in your SWPPP.
4.5 AREAS THAT MUST BE INSPECTED
During your site inspection, you must at a minimum inspect the following areas of your
site:
4.5.1 All areas that have been cleared, graded, or excavated and that have not yet
completed stabilization consistent with Part 2.2.14a;
4.5.2 All stormwater controls, including pollution prevention controls, installed at the site to
comply with this permit;73
73 This includes the requirement to inspect for sediment that has been tracked out from the site onto paved
roads, sidewalks, or other paved areas consistent with Part 2.2.4.
4.5.3 Material, waste, borrow, and equipment storage and maintenance areas that are
covered by this permit;
4.5.4 All areas where stormwater typically flows within the site, including constructed or natural
site drainage features designed to divert, convey, and/or treat stormwater;
4.5.5 All areas where construction dewatering is taking place, including controls to treat the
dewatering discharge and any channelized flow of water to and from those controls;
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4.5.6 All points of discharge from the site; and
4.5.7 All locations where stabilization measures have been implemented.
You are not required to inspect areas that, at the time of the inspection, are considered
unsafe to your inspection personnel.
4.6 REQUIREMENTS FOR INSPECTIONS
4.6.1 During each site inspection, you must at a minimum:
Check whether all stormwater controls (i.e., erosion and sediment controls and
pollution prevention controls) are properly installed, appear to be operational, and
are working as intended to minimize pollutant discharges.
Check for the presence of conditions that could lead to spills, leaks, or other
accumulations of pollutants on the site.
Identify any locations where new or modified stormwater controls are necessary to
meet the requirements of Parts 2 and/or 3.
Check for signs of visible erosion and sedimentation (i.e., sediment deposits) that
have occurred and are attributable to your discharge at points of discharge and, if
applicable, on the banks of any receiving waters flowing within or immediately
adjacent to the site;
Check for signs of sediment deposition that are visible from your site and attributable
to your discharge (e.g., sand bars with no vegetation growing on top in receiving
waters or in other constructed or natural site drainage features, or the buildup of
sediment deposits on nearby streets, curbs, or open conveyance channels).
Identify any incidents of noncompliance observed.
4.6.2 If a discharge is occurring during your inspection:
Identify all discharge points at the site; and
Observe and document the visual quality of the discharge, and take note of the
characteristics of the stormwater discharge, including color; odor; floating, settled, or
suspended solids; foam; oil sheen; and other indicators of stormwater pollutants.
Check also for signs of these same pollutant characteristics that are visible from your
site and attributable to your discharge in receiving waters or in other constructed or
natural site drainage features.
4.6.3 For dewatering inspections conducted pursuant to Parts 4.3.2, record the following in a
report within 24 hours of completing the inspection:
The inspection date;
Names and titles of personnel making the inspection;
Approximate times that the dewatering discharge began and ended on the day of
inspection;74
74 If the dewatering discharge is a continuous discharge that continues after normal business hours,
indicate that the discharge is continuous.
Estimates of the rate (in gallons per day) of discharge on the day of inspection;
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Whether or not any of the following indications of pollutant discharge were observed
at the point of discharge to any receiving waters flowing through or immediately
adjacent to the site and/or to constructed or natural site drainage features or storm
drain inlets:75
75 If the operator observes any of these indicators of pollutant discharge, corrective action is required
consistent with Parts 5.1.5b and 5.2.2.
a sediment plume, suspended solids, unusual color, presence of odor, decreased
clarity, or presence of foam; and/or
a visible sheen on the water surface or visible oily deposits on the bottom or
shoreline of the receiving water; and
Photographs of (1) the dewatering water prior to treatment by a dewatering
control(s) and the final discharge after treatment; (2) the dewatering control(s); and
(3) the point of discharge to any receiving waters flowing through or immediately
adjacent to the site and/or to constructed or natural site drainage features, storm
drain inlets, and other conveyances to receiving waters.
You must also comply with the Part 4.7.2, 4.7.3, and 4.7.4 requirements for signing the
reports, keeping them available on site, and retaining copies.
4.6.4 Based on the results of your inspection:
Complete any necessary maintenance repairs or replacements under Part 2.1.4 or
under Part 5, whichever applies; and
Modify your SWPPP site map in accordance with Part 7.4.1 to reflect changes to your
stormwater controls that are no longer accurately reflected on the current site map.
4.7 INSPECTION REPORT
4.7.1 You must complete an inspection report within 24 hours of completing any site
inspection. Each inspection report (except for dewatering inspection reports, which are
covered in Part 4.6.3) must include the following:
The inspection date;
Names and titles of personnel making the inspection;
A summary of your inspection findings, covering at a minimum the observations you
made in accordance with Part 4.6, including any problems found during your
inspection that make it necessary to perform routine maintenance pursuant to Part
2.1.4b or corrective action pursuant to Part 5. Include also any documentation as to
why the corrective action procedures under Part 5 are unnecessary to fix a problem
that repeatedly occurs as described in Part 2.1.4c;
If you are inspecting your site at the frequency specified in Part 4.2.2, Part 4.3, or Part
4.4.1b, and you conducted an inspection because of a storm event that produced
rainfall measuring 0.25 inches or more within a 24-hour period, you must include the
applicable rain gauge or weather station readings that triggered the inspection.
Similarly, if you conducted an inspection because of a snowmelt discharge from a
storm event that produced 3.25 inches or more of snow within a 24-hour period, you
must include any measurements taken of snowfall at your site, or weather station
information you relied on; and
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If you determined that it is unsafe to inspect a portion of your site, you must describe
the reason you found it to be unsafe and specify the locations to which this condition
applies.
4.7.2 Each inspection report must be signed by the operator’s signatory in accordance with
Appendix G, Part G.11 of this permit.
4.7.3 You must keep a copy of all inspection reports at the site or at an easily accessible
location, so that it can be made immediately available at the time of an on-site
inspection or upon request by EPA.76
76 Inspection reports may be prepared, signed, and kept electronically, rather than in paper form, if the
records are: (a) in a format that can be read in a similar manner as a paper record; (b) legally dependable
with no less evidentiary value than their paper equivalent; and (c) immediately accessible to the inspector
during an inspection to the same extent as a paper copy stored at the site would be, if the records were
stored in paper form. For additional guidance on the proper practices to follow for the electronic retention
of inspection report records, refer to the Fact Sheet discussion related to Part 4.7.3.
4.7.4 You must retain all inspection reports completed for this Part for at least three (3) years
from the date that your permit coverage expires or is terminated.
4.8 INSPECTIONS BY EPA
You must allow EPA, or an authorized representative of EPA, to conduct the following
activities at reasonable times. To the extent that you are utilizing shared controls, that are
not on site, to comply with this permit, you must make arrangements for EPA to have access at all reasonable times to those areas where the shared controls are located.
4.8.1 Enter onto all areas of the site, including any construction support activity areas covered
by this permit, any off-site areas where shared controls are utilized to comply with this
permit, discharge locations, adjoining waterbodies, and locations where records are
kept under the conditions of this permit;
4.8.2 Access and copy any records that must be kept under the conditions of this permit;
4.8.3 Inspect your construction site, including any construction support activity areas covered
by this permit (see Part 1.2.1c), any stormwater controls installed and maintained at the
site, and any off-site shared controls utilized to comply with this permit; and
4.8.4 Sample or monitor for the purpose of ensuring compliance.
5 CORRECTIVE ACTIONS
5.1 CONDITIONS TRIGGERING CORRECTIVE ACTION.
You must take corrective action to address any of the following conditions identified at your site:
5.1.1 A stormwater control needs a significant repair or a new or replacement control is
needed, or, in accordance with Part 2.1.4c, you find it necessary to repeatedly (i.e.,
three (3) or more times) conduct the same routine maintenance fix to the same control
at the same location (unless you document in your inspection report under Part 4.7.1c
that the specific reoccurrence of this same problem should still be addressed as a routine
maintenance fix under Part 2.1.4); or
5.1.2 A stormwater control necessary to comply with the requirements of this permit was never
installed, or was installed incorrectly; or
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5.1.3 Your discharges are not meeting applicable water quality standards;
5.1.4 A prohibited discharge has occurred (see Part 1.3); or
5.1.5 During discharge from site dewatering activities:
The weekly average of your turbidity monitoring results exceeds the 50 NTU
benchmark (or alternate benchmark if approved by EPA pursuant to Part 3.3.2b); or
You observe or you are informed by EPA, State, or local authorities of the presence of
the conditions specified in Part 4.6.3e.
5.2 CORRECTIVE ACTION DEADLINES
5.2.1 If responding to any of the Part 5.1.1, 5.1.2, 5.1.3, or 5.1.4 triggering conditions, you must:
Immediately take all reasonable steps to address the condition, including cleaning
up any contaminated surfaces so the material will not discharge in subsequent storm
events; and
When the problem does not require a new or replacement control or significant
repair, the corrective action must be completed by the close of the next business
day; or
When the problem requires a new or replacement control or significant repair, install
the new or modified control and make it operational, or complete the repair, by no
later than seven (7) calendar days from the time of discovery. If it is infeasible to
complete the installation or repair within seven (7) calendar days, you must
document in your records why it is infeasible to complete the installation or repair
within the 7-day timeframe and document your schedule for installing the stormwater
control(s) and making it operational as soon as feasible after the 7-day timeframe.
Where these actions result in changes to any of the stormwater controls or
procedures documented in your SWPPP, you must modify your SWPPP accordingly
within seven (7) calendar days of completing this work.
5.2.2 If responding to either of the Part 5.1.5 triggering conditions related to site dewatering
activities, you must:
Immediately take all reasonable steps to minimize or prevent the discharge of
pollutants until you can implement a solution, including shutting off the dewatering
discharge as soon as possible depending on the severity of the condition77 taking
safety considerations into account;
77 For instance, if the weekly average of your turbidity monitoring results or a single sample is extremely high
(e.g., a single turbidity sample results in 355 NTUs or higher), you should take action to safely shut off the
discharge so that you can evaluate the cause of the high turbidity. Note: A single turbidity sample of 355
NTUs or higher means that the weekly average turbidity value will exceed 50 NTU regardless of the turbidity
values the other days during the week.
Determine whether the dewatering controls are operating effectively and whether
they are causing the conditions; and
Make any necessary adjustments, repairs, or replacements to the dewatering
controls to lower the turbidity levels below the benchmark or remove the visible
plume or sheen.
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When you have completed these steps and made any changes deemed necessary, you
may resume discharging from your dewatering activities.
5.3 CORRECTIVE ACTION REQUIRED BY EPA
You must comply with any corrective actions required by EPA as a result of permit
violations found during an inspection carried out under Part 4.8.
5.4 CORRECTIVE ACTION LOG
5.4.1 For each corrective action taken in accordance with this Part, you must record the
following in a corrective action log:
Within 24 hours of identifying the corrective action condition, document the specific
condition and the date and time it was identified.
Within 24 hours of completing the corrective action (in accordance with the
deadlines in Part 5.2), document the actions taken to address the condition,
including whether any SWPPP modifications are required.
5.4.2 Each entry into the corrective action log, consisting of the information required by both
Parts 5.4.1a and 5.4.1b, must be signed by the operator’s signatory in accordance with
Appendix G, Part G.11.2 of this permit.
5.4.3 You must keep a copy of the corrective action log at the site or at an easily accessible
location, so that it can be made immediately available at the time of an on-site
inspection or upon request by EPA.78
78 The corrective action log may be prepared, signed, and kept electronically, rather than in paper form, if
the records are: (a) in a format that can be read in a similar manner as a paper record; (b) legally
dependable with no less evidentiary value than their paper equivalent; and (c) immediately accessible to
the inspector during an inspection to the same extent as a paper copy stored at the site would be, if the
records were stored in paper form. For additional guidance on the proper practices to follow for the
electronic retention of corrective action log records, refer to the Fact Sheet discussion related to Part 4.7.3.
5.4.4 You must retain the corrective action log for at least three (3) years from the date that
your permit coverage expires or is terminated.
6 STORMWATER TEAM FORMATION/STAFF TRAINING REQUIREMENTS
6.1 STORMWATER TEAM
Each operator, or group of multiple operators, must assemble a “stormwater team” that
will be responsible for carrying out activities necessary to comply with this permit. The
stormwater team must include the following people:
Personnel who are responsible for the design, installation, maintenance, and/or repair
of stormwater controls (including pollution prevention controls);
Personnel responsible for the application and storage of treatment chemicals (if
applicable);
Personnel who are responsible for conducting inspections as required in Part 4.1; and
Personnel who are responsible for taking corrective actions as required in Part 5.
Members of the stormwater team must be identified in the SWPPP pursuant to Part 7.2.2.
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6.2 GENERAL TRAINING REQUIREMENTS FOR STORMWATER TEAM MEMBERS
Prior to the commencement of construction activities, you must ensure that all persons79 assigned to the stormwater team understand the requirements of this permit and their
specific responsibilities with respect to those requirements, including the following related
to the scope of their job duties:
79 If the person requiring training is a new employee who starts after you commence construction activities,
you must ensure that this person has the proper understanding as required above prior to assuming
particular responsibilities related to compliance with this permit. For emergency-related projects, the
requirement to train personnel prior to commencement of construction activities does not apply, however,
such personnel must have the required training prior to NOI submission.
The permit requirements and deadlines associated with installation, maintenance,
and removal of stormwater controls, as well as site stabilization;
The location of all stormwater controls on the site required by this permit and how
they are to be maintained;
The proper procedures to follow with respect to the permit’s pollution prevention
requirements; and
When and how to conduct inspections, record applicable findings, and take
corrective actions. Specific training requirements for persons conducting site
inspections are included in Part 6.3.
You are responsible for ensuring that all activities on the site comply with the
requirements of this permit. You are not required to provide or document formal training
for subcontractors or other outside service providers (unless the subcontractors or outside service providers are responsible for conducting the inspections required in Part 4, in which case you must provide such documentation consistent with Part 7.2.2), but you
must ensure that such personnel understand any requirements of this permit that may be
affected by the work they are subcontracted to perform.
6.3 TRAINING REQUIREMENTS FOR PERSONS CONDUCTING INSPECTIONS
For projects that receive coverage under this permit on or after February 17, 2023, to be
considered a qualified person under Part 4.1 for conducting inspections under Part 4, you
must, at a minimum, either:
Have completed the EPA construction inspection course developed for this permit
and have passed the exam; or
Hold a current valid construction inspection certification or license from a program
that, at a minimum, covers the following:80
80 If one of the following topics (e.g., installation and maintenance of pollution prevention practices) is not
covered by the non-EPA training program, you may consider supplementing the training with the
analogous module of the EPA course (e.g., Module 4) that covers the missing topic.
Principles and practices of erosion and sediment control and pollution prevention
practices at construction sites;
Proper installation and maintenance of erosion and sediment controls and
pollution prevention practices used at construction sites; and
Performance of inspections, including the proper completion of required reports
and documentation, consistent with the requirements of Part 4.
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For projects that receive coverage under this permit prior to February 17, 2023, any
personnel conducting site inspections pursuant to Part 4 on your site must, at a minimum,
be a person knowledgeable in the principles and practice of erosion and sediment
controls and pollution prevention, who possesses the appropriate skills and training to
assess conditions at the construction site that could impact stormwater quality, and the
appropriate skills and training to assess the effectiveness of any stormwater controls
selected and installed to meet the requirements of this permit.81
81 If you receive coverage for a project prior to February 17, 2023, and construction activities for the same project will continue after February 17, 2023, the personnel conducting inspections do not need to take the additional training specified in Parts 6.3a and 6.3b for inspections conducted on the project site. If the same operator obtains coverage for a different project on or after February 17, 2023, personnel conducting inspections would be required to meet the requirements for a qualified person by completing the training in either Part 6.3a or Part 6.3b.
6.4 STORMWATER TEAM’S ACCESS TO PERMIT DOCUMENTS
Each member of the stormwater team must have easy access to an electronic or paper
copy of applicable portions of this permit, the most updated copy of your SWPPP, and other relevant documents or information that must be kept with the SWPPP.
7 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
7.1 GENERAL REQUIREMENTS
All operators associated with a construction site under this permit must develop a SWPPP consistent with the requirements in Part 7 prior to their submittal of the NOI.82, 83, 84 The
SWPPP must be kept up-to-date throughout coverage under this permit.
82 The SWPPP does not establish the effluent limits and/or other permit terms and conditions that apply to your site’s discharges; these limits, terms, and conditions are established in this permit.
83 Where there are multiple operators associated with the same site, they may develop a group SWPPP
instead of multiple individual SWPPPs. Regardless of whether there is a group SWPPP or multiple individual SWPPPs, each operator is responsible for compliance with the permit’s terms and conditions. In other words,
if Operator A relies on Operator B to satisfy its permit obligations, Operator A does not have to duplicate
those permit-related functions if Operator B is implementing them such that both operators are in
compliance with the permit. However, Operator A remains responsible for permit compliance if Operator B
fails to take actions necessary for Operator A to comply with the permit. In addition, all operators must
ensure, either directly or through coordination with other operators, that their activities do not cause a
violation or compromise any other operators’ controls and/or any shared controls. See also footnote 60.
84 There are a number of commercially available products to assist operators in developing the SWPPP, as
well as companies that can be hired to help develop a site-specific SWPPP. The permit does not state
which are recommended, nor does EPA endorse any specific products or vendors. Where operators
choose to rely on these products or services, the choice of which ones to use to comply with the
requirements of this Part is a decision for the operator alone.
If a SWPPP was prepared under a previous version of this permit, the operator must
review and update the SWPPP to ensure that this permit’s requirements are addressed prior to submitting an NOI for coverage under this permit.
7.2 SWPPP CONTENTS
At a minimum, the SWPPP must include the information specified in this Part and as
specified in other parts of this permit.
7.2.1 All Site Operators. Include a list of all other operators who will be engaged in construction
activities at the site, and the areas of the site over which each operator has control.
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7.2.2 Stormwater Team. Identify the personnel (by name and position) that you have made
part of the stormwater team pursuant to Part 6.1, as well as their individual responsibilities,
including which members are responsible for conducting inspections.
Include verification that each member of the stormwater team has received the training
required by Part 6.2. Include documentation that members of the stormwater team responsible for conducting inspections pursuant to Part 4 have received the training required by Part 6.3. If personnel on your team elect to complete the EPA inspector
training program pursuant to Part 6.3a, you must include copies of the certificate
showing that the relevant personnel have completed the training and passed the exam. If personnel on your team elect to complete a non-EPA inspector training program
pursuant to Part 6.3b, you must include documentation showing that these persons have
successfully completed the program and their certification or license is still current. You
must also confirm that the non-EPA inspector training program satisfies the minimum elements for such programs in Part 6.3b.
7.2.3 Nature of Construction Activities. Include the following:
A description of the nature of your construction activities, including the age or dates
of past renovations for structures that are undergoing demolition;
The size of the property (in acres or length in miles if a linear construction site);
The total area expected to be disturbed by the construction activities (to the nearest
quarter acre or nearest quarter mile if a linear construction site);
A description of any on-site and off-site construction support activity areas covered
by this permit (see Part 1.2.1c);
The maximum area expected to be disturbed at any one time, including on-site and
off-site construction support activity areas;
A description and projected schedule for the following:85
85 If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the
sequence and estimated dates of construction activities is not meant to “lock in” the operator to meeting
these dates. When departures from initial projections are necessary, this should be documented in the
SWPPP itself, or in associated records, as appropriate.
Commencement of construction activities in each portion of the site, including
clearing and grubbing, mass grading, demolition activities, site preparation (i.e.,
excavating, cutting and filling), final grading, and creation of soil and vegetation
stockpiles requiring stabilization;
Temporary or permanent cessation of construction activities in each portion of
the site;
Temporary or final stabilization of exposed areas for each portion of the site; and
Removal of temporary stormwater controls and construction equipment or
vehicles, and the cessation of construction-related pollutant-generating activities.
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A list and description of all pollutant-generating activities86 on the site. For each
pollutant-generating activity, include an inventory of pollutants or pollutant
constituents (e.g., sediment, fertilizers, pesticides, paints, caulks, sealants, fluorescent
light ballasts, contaminated substrates, solvents, fuels) associated with that activity,
which could be discharged in stormwater from your construction site. You must take
into account where potential spills and leaks could occur that contribute pollutants
to stormwater discharges, and any known hazardous or toxic substances, such as
PCBs and asbestos, that will be disturbed or removed during construction;
86 Examples of pollutant-generating activities include paving operations; concrete, paint, and stucco
washout and waste disposal; solid waste storage and disposal; and dewatering activities.
Business days and hours for the project;
If you are conducting construction activities in response to a public emergency (see
Part 1.4), a description of the cause of the public emergency (e.g., mud slides,
earthquake, extreme flooding conditions, widespread disruption in essential public
services), information substantiating its occurrence (e.g., State disaster declaration or
similar State or local declaration), and a description of the construction necessary to
reestablish affected public services.
7.2.4 Site Map. Include a legible map, or series of maps, showing the following features of the
site:
Boundaries of the property;
Locations where construction activities will occur, including:
Locations where earth-disturbing activities will occur (note any phasing),
including any demolition activities;
Approximate slopes before and after major grading activities (note any steep
slopes (as defined in Appendix A));
Locations where sediment, soil, or other construction materials will be stockpiled;
Any receiving water crossings;
Designated points where vehicles will exit onto paved roads;
Locations of structures and other impervious surfaces upon completion of
construction; and
Locations of on-site and off-site construction support activity areas covered by
this permit (see Part 1.2.1c).
Locations of any receiving waters within the site and all receiving waters within one
mile downstream of the site’s discharge point(s). Also identify if any of these receiving
waters are listed as impaired or are identified as a Tier 2, Tier 2.5, or Tier 3 water;
Any areas of Federally listed critical habitat within the action area of the site as
defined in Appendix A;
Type and extent of pre-construction cover on the site (e.g., vegetative cover, forest,
pasture, pavement, structures);
Drainage patterns of stormwater and authorized non-stormwater before and after
major grading activities;
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Stormwater and authorized non-stormwater discharge locations, including:
Locations where stormwater and/or authorized non-stormwater will be
discharged to storm drain inlets, including a notation of whether the inlet conveys
stormwater to a sediment basin, sediment trap, or similarly effective control;87
87 The requirement to show storm drain inlets in the immediate vicinity of the site on your site map only
applies to those inlets that are easily identifiable from your site or from a publicly accessible area
immediately adjacent to your site.
Locations where stormwater or authorized non-stormwater will be discharged
directly to receiving waters (i.e., not via a storm drain inlet); and
Locations where turbidity benchmark monitoring will take place to comply with
Part 3.3, if applicable to your site.
Locations of all potential pollutant-generating activities identified in Part 7.2.3g;
Designated areas where construction wastes that are covered by the exception in
Part 2.3.3e.ii because they are not pollutant-generating will be stored;
Locations of stormwater controls, including natural buffer areas and any shared
controls utilized to comply with this permit; and
Locations where polymers, flocculants, or other treatment chemicals will be used and
stored.
7.2.5 Non-Stormwater Discharges. Identify all authorized non-stormwater discharges in Part
1.2.2 that will or may occur.
7.2.6 Description of Stormwater Controls.
For each of the Part 2.2 erosion and sediment control requirements, Part 2.3 pollution
prevention requirements, and Part 2.4 construction dewatering requirements, as
applicable to your site, you must include the following:
A description of the specific control(s) to be implemented to meet these
requirements;
The design specifications for controls described in Part 7.2.6a.i (including
references to any manufacturer specifications and/or erosion and sediment
control manuals/ordinances relied upon);88
88 Design specifications may be found in manufacturer specifications and/or in applicable erosion and
sediment control manuals or ordinances. Any departures from such specifications must reflect good
engineering practice and must be explained in the SWPPP.
Routine stormwater control maintenance specifications; and
The projected schedule for stormwater control installation/implementation.
You must also include any of the following additional information as applicable.
Natural buffers and/or equivalent sediment controls (see Part 2.2.1 and Appendix
F). You must include the following:
(a) The compliance alternative to be implemented;
(b) If complying with alternative 2, the width of natural buffer retained;
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(c) If complying with alternative 2 or 3, the erosion and sediment control(s) you
will use to achieve an equivalent sediment reduction, and any information
you relied upon to demonstrate the equivalency;
(d) If complying with alternative 3, a description of why it is infeasible for you to
provide and maintain an undisturbed natural buffer of any size;
(e) For “linear construction sites” where it is infeasible to implement compliance
alternative 1, 2, or 3, a rationale for this determination, and a description of
any buffer width retained and/or supplemental erosion and sediment controls
installed; and
(f) A description of any disturbances that are exempt under Part 2.2.1 that occur
within 50 feet of a receiving water.
Perimeter controls for a “linear construction site” (see Part 2.2.3d). For areas
where perimeter controls are not feasible, include documentation to support this
determination and a description of the other practices that will be implemented
to minimize discharges of pollutants in stormwater associated with construction
activities.
Note: Routine maintenance specifications for perimeter controls documented in
the SWPPP must include the Part 2.2.3c.i requirement that sediment be removed before it has accumulated to one-half of the above-ground height of any perimeter control.
Sediment track-out controls (see Parts 2.2.4b and 2.2.4c). Document the specific
stabilization techniques and/or controls that will be implemented to remove
sediment prior to vehicle exit.
Inlet protection measures (see Part 2.2.10a). Where inlet protection measures are
not required because the storm drain inlets to which your site discharges are
conveyed to a sediment basin, sediment trap, or similarly effective control,
include a short description of the control that receives the stormwater flow from
the site.
Sediment basins (see Part 2.2.12). In circumstances where it is infeasible to utilize
outlet structures that withdraw water from the surface, include documentation to
support this determination, including the specific conditions or time periods when
this exception will apply.
Treatment chemicals (see Part 2.2.13), you must include the following:
(a) A listing of the soil types that are expected to be exposed during construction
in areas of the project that will drain to chemical treatment systems. Also
include a listing of soil types expected to be found in fill material to be used in
these same areas, to the extent you have this information prior to
construction;
(b) A listing of all treatment chemicals to be used at the site and why the
selection of these chemicals is suited to the soil characteristics of your site;
(c) If the applicable EPA Regional Office authorized you to use cationic
treatment chemicals for sediment control, include the specific controls and
implementation procedures designed to ensure that your use of cationic
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treatment chemicals will not lead to a discharge that does not meet water
quality standards;
(d) The dosage of all treatment chemicals to be used at the site or the
methodology to be used to determine dosage;
(e) Information from any applicable Safety Data Sheet (SDS);
(f) Schematic drawings of any chemically enhanced stormwater controls or
chemical treatment systems to be used for application of the treatment
chemicals;
(g) A description of how chemicals will be stored consistent with Part 2.2.13c;
(h) References to applicable State or local requirements affecting the use of
treatment chemicals, and copies of applicable manufacturer’s specifications
regarding the use of your specific treatment chemicals and/or chemical
treatment systems; and
(i) A description of the training that personnel who handle and apply chemicals
have received prior to permit coverage, or will receive prior to use of the
treatment chemicals at your site.
Stabilization measures (see Part 2.2.14). You must include the following:
(a) The specific vegetative and/or non-vegetative practices that will be used;
(b) The stabilization deadline that will be met in accordance with Part 2.2.14;
(c) If complying with the deadlines for sites in arid, semi-arid, or drought-stricken
areas, the beginning and ending dates of the seasonally dry period (as
defined in Appendix A)89 and the schedule you will follow for initiating and
completing vegetative stabilization; and
89 See footnote 44.
(d) If complying with deadlines for sites affected by unforeseen circumstances
that delay the initiation and/or completion of vegetative stabilization,
document the circumstances and the schedule for initiating and completing
stabilization.
Spill prevention and response procedures (see Parts 1.3.5, 2.3.3c, 2.3.3d, and
2.3.6). You must include the following:
(a) Procedures for expeditiously stopping, containing, and cleaning up spills,
leaks, and other releases. Identify the name or position of the employee(s)
responsible for detection and response of spills or leaks; and
(b) Procedures for notification of appropriate facility personnel, emergency
response agencies, and regulatory agencies where a leak, spill, or other
release containing a hazardous substance or oil in an amount equal to or in
excess of a reportable quantity consistent with Part 2.3.6 and established
under either 40 CFR part 110, 40 CFR part 117, or 40 CFR part 302, occurs
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during a 24-hour period. Contact information must be in locations that are
readily accessible and available to all employees.
You may also reference the existence of SPCC plans developed for the
construction activity under Section 311 of the CWA, or spill control programs
otherwise required by an NPDES permit for the construction activity, provided
that you keep a copy of that other plan on site.90
90 Even if you already have an SPCC or other spill prevention plan in existence, your plans will only be
considered adequate if they meet all of the requirements of this Part, either as part of your existing plan or
supplemented as part of the SWPPP.
Waste management procedures (see Part 2.3.3). Describe the procedures you will
follow for handling, storing, and disposing of all wastes generated at your site
consistent with all applicable Federal, State, Tribal, and local requirements,
including clearing and demolition debris, sediment removed from the site,
construction and domestic waste, hazardous or toxic waste, and sanitary waste.
You must also include the following additional information:
(a) If site constraints prevent you from storing chemical containers 50 feet away
from receiving waters or the other site drainage features as required in Part
2.3.3c.ii(b), document in your SWPPP the specific reasons why the 50-foot
setback is not feasible, and how you will store containers as far away as the
site permits; and
(b) If there are construction wastes that are subject to the exception in Part
2.3.3e.ii, describe the specific wastes that will be stored on your site.
Application of fertilizers (see Part 2.3.5). Document any departures from the
manufacturer specifications where appropriate.
7.2.7 Procedures for Inspection, Maintenance, and Corrective Action. Describe the procedures
you will follow for maintaining your stormwater controls, conducting site inspections, and,
where necessary, taking corrective actions, in accordance with Part 2.1.4, Part 4, and
Part 5 of this permit, accordingly. Also include:
The inspection schedule you will follow, which is based on whether your site is subject
to Part 4.2 or Part 4.3, or whether your site qualifies for any of the reduced inspection
frequencies in Part 4.4;
If you will be conducting inspections in accordance with the inspection schedule in
Part 4.2.2, Part 4.3, or Part 4.4.1b, the location of the rain gauge or the address of the
weather station you will be using to obtain rainfall data;
If you will be reducing your inspection frequency in accordance with Part 4.4.1b, the
beginning and ending dates of the seasonally defined arid period for your area or
the valid period of drought;
If you will be reducing your inspection frequency in accordance with Part 4.4.3, the
beginning and ending dates of frozen conditions on your site; and
Any maintenance or inspection checklists or other forms that will be used.
7.2.8 Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if
applicable). If you are required to comply with the Part 3.3 turbidity benchmark
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monitoring requirements, describe the procedures you will follow to collect and evaluate
samples, report results to EPA and keep records of monitoring information, and take
corrective action when necessary. Include the specific type of turbidity meter you will
use for monitoring, as well as any manuals or manufacturer instructions on how to
operate and calibrate the meter. Describe any coordinating arrangement you may
have with any other permitted operators on the same site with respect to compliance
with the turbidity monitoring requirements, including which parties are tasked with
specific responsibilities. If EPA has approved of an alternate turbidity benchmark
pursuant to Part 3.3.2b, include any data and other documentation you relied on to
request use of the specific alternative benchmark.
7.2.9 Compliance with Other Requirements.
Threatened and Endangered Species Protection. Include documentation required in
the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in
Appendix D, supporting your eligibility with regard to the protection of threatened
and endangered species and designated critical habitat.
Historic Properties. Include documentation required in Appendix E supporting your
eligibility with regard to the protection of historic properties.
Safe Drinking Water Act Underground Injection Control (UIC) Requirements for Certain
Subsurface Stormwater Controls. If you are using any of the following stormwater
controls at your site, document any contact you have had with the applicable State
agency91 or EPA Regional Office responsible for implementing the requirements for
underground injection wells in the Safe Drinking Water Act and EPA’s implementing
regulations at 40 CFR § 144 -147. Such controls would generally be considered Class V
UIC wells:
91 For State UIC program contacts, refer to the following EPA website: https://www.epa.gov/uic.
Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or
dug hole that is deeper than its widest surface dimension, or has a subsurface
fluid distribution system);
Commercially manufactured pre-cast or pre-built proprietary subsurface
detention vaults, chambers, or other devices designed to capture and infiltrate
stormwater flow; and
Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any
bored, drilled, driven shaft or dug hole that is deeper than its widest surface
dimension, or has a subsurface fluid distribution system).
7.2.10 SWPPP Certification. Your signatory must sign and date your SWPPP in accordance with
Appendix G, Part G.11.
7.2.11 Post-Authorization Additions to the SWPPP. Once you are authorized for coverage under
this permit, you must include the following documents as part of your SWPPP:
A copy of your NOI submitted to EPA along with any correspondence exchanged
between you and EPA related to coverage under this permit;
A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID
(i.e., permit tracking number);
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A copy of this permit (an electronic copy easily available to the stormwater team is
also acceptable).
7.3 ON-SITE AVAILABILITY OF YOUR SWPPP
You must keep a current copy of your SWPPP at the site or at an easily accessible
location so that it can be made available at the time of an on-site inspection or upon request by EPA; a State, Tribal, or local agency approving stormwater management plans; the operator of a storm sewer system receiving discharges from the site; or
representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine
Fisheries Service (NMFS).92
92 The SWPPP may be prepared, signed, and kept electronically, rather than in paper form, if the records
are: (a) in a format that can be read in a similar manner as a paper record; (b) legally dependable with no
less evidentiary value than their paper equivalent; and (c) immediately accessible to the inspector during
an inspection to the same extent as a paper copy stored at the site would be, if the records were stored in
paper form. For additional guidance on the proper practices to follow for the electronic retention of the
SWPPP, refer to the Fact Sheet discussion related to Part 4.7.3.
EPA may provide access to portions of your SWPPP to a member of the public upon
request. Confidential Business Information (CBI) will be withheld from the public, but may
not be withheld from EPA, USFWS, or NMFS.93
93 Information covered by a claim of confidentiality will be disclosed by EPA only to the extent of, and by
means of, the procedures set forth in 40 CFR part 2, Subpart B. In general, submitted information protected
by a business confidentiality claim may be disclosed to other employees, officers, or authorized
representatives of the United States concerned with implementing the CWA. The authorized
representatives, including employees of other executive branch agencies, may review CBI during the
course of reviewing draft regulations.
If an on-site location is unavailable to keep the SWPPP when no personnel are present, notice of the plan’s location must be posted near the main entrance of your
construction site.
7.4 SWPPP MODIFICATIONS
7.4.1 You must modify your SWPPP, including the site map(s), within seven (7) days of any of
the following conditions:
Whenever new operators become active in construction activities on your site, or you
make changes to your construction plans, stormwater controls, or other activities at
your site that are no longer accurately reflected in your SWPPP. This includes changes
made in response to corrective actions triggered under Part 5. You do not need to
modify your SWPPP if the estimated dates in Part 7.2.3f change during the course of
construction;
To reflect areas on your site map where operational control has been transferred
(and the date of transfer) since initiating permit coverage;
If inspections or investigations by EPA or its authorized representatives determine that
SWPPP modifications are necessary for compliance with this permit;
Where EPA determines it is necessary to install and/or implement additional controls
at your site in order to meet the requirements of this permit, the following must be
included in your SWPPP:
A copy of any correspondence describing such measures and requirements; and
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A description of the controls that will be used to meet such requirements.
To reflect any revisions to applicable Federal, State, Tribal, or local requirements that affect the stormwater controls implemented at the site; and
If applicable, if a change in chemical treatment systems or chemically enhanced
stormwater control is made, including use of a different treatment chemical, different
dosage rate, or different area of application.
7.4.2 You must maintain records showing the dates of all SWPPP modifications. The records
must include the name of the person authorizing each change (see Part 7.2.9 above)
and a brief summary of all changes.
7.4.3 All modifications made to the SWPPP consistent with Part 7.4 must be authorized by a
person identified in Appendix G, Part G.11.b.
7.4.4 Upon determining that a modification to your SWPPP is required, if there are multiple
operators covered under this permit, you must immediately notify any operators who
may be impacted by the change to the SWPPP.
8 HOW TO TERMINATE COVERAGE
Until you terminate coverage under this permit, you must comply with all conditions and
effluent limitations in the permit. To terminate permit coverage, you must submit to EPA a
complete and accurate Notice of Termination (NOT), which certifies that you have met the requirements for terminating in Part 8.
8.1 MINIMUM INFORMATION REQUIRED IN NOT
8.1.1 NPDES ID (i.e., permit tracking number) provided by EPA when you received coverage
under this permit;
8.1.2 Basis for submission of the NOT (see Part 8.2);
8.1.3 Operator contact information;
8.1.4 Name of site and address (or a description of location if no street address is available);
and
8.1.5 NOT certification.
8.2 CONDITIONS FOR TERMINATING CGP COVERAGE
You may terminate CGP coverage only if one or more of the conditions in Parts 8.2.1,
8.2.2, or 8.2.3 has occurred. Until your termination is effective consistent with Part 8.5, you must continue to comply with the conditions of this permit.
8.2.1 You have completed all construction activities at your site and, if applicable,
construction support activities covered by this permit (see Part 1.2.1c), and you have met
all of the following requirements:
For any areas that (1) were disturbed during construction, (2) are not covered by
permanent structures, and (3) over which you had control during the construction
activities, you have met the requirements for final vegetative or non-vegetative
stabilization in Part 2.2.14c.
To document that you have met these stabilization requirements, you must take
either ground or aerial photographs that show your site’s compliance with the Part
2.2.14 stabilization requirements and submit them with your NOT. If any portion of your
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site is covered by one of the exceptions in Part 2.2.14c.iii, indicate which exception
applies and include a supplementary explanation with your photographs that
provides the necessary context for why this portion of the site is in compliance with
the final stabilization criteria even though it appears to be unstabilized. You are not
required to take photographs of every distinct part of your site that is being stabilized,
however, the conditions of the site portrayed in any photographs that are submitted
must be substantially similar94 to those of the areas that are not photographed. You
must also comply with the following related to these photographs:
94 Stabilization conditions that are substantially similar would include areas that are using the same type of
stabilization measures and that have similar slopes, soils, and topography, and have achieved the same
level of stabilization.
Take photographs both before and after the site has met the final stabilization
criteria in Part 2.2.14c;
All photographs must be clear and in focus, and in the original format and
resolution; and
Include the date each photograph was taken, and a brief description of the
area of the site captured by the photograph (e.g., photo shows application of
seed and erosion control mats to remaining exposed surfaces on northeast
corner of site).
You have removed and properly disposed of all construction materials, waste and
waste handling devices, and have removed all equipment and vehicles that were
used during construction, unless intended for long-term use following your termination
of permit coverage;
You have removed all stormwater controls that were installed and maintained during
construction, except those that are intended for long-term use following your
termination of permit coverage or those that are biodegradable (as defined in
Appendix A); and
You have removed all potential pollutants and pollutant-generating activities
associated with construction, unless needed for long-term use following your
termination of permit coverage; or
8.2.2 You have transferred control of all areas of the site for which you are responsible under
this permit to another operator, and that operator has submitted an NOI and obtained
coverage under this permit; or
8.2.3 Coverage under an individual or alternative general NPDES permit has been obtained.
8.3 HOW TO SUBMIT YOUR NOT
You must use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit
an NOT for the 2022 CGP.
To access NeT, go to https://cdx.epa.gov/cdx.
Waivers from electronic reporting may be granted as specified in Part 1.4.2. If the EPA Regional Office grants you approval to use a paper NOT, and you elect to use it, you
must complete the form in Appendix I.
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8.4 DEADLINE FOR SUBMITTING THE NOT
You must submit an NOT within 30 calendar days after any one of the conditions in Part 8.2 occurs.
8.5 EFFECTIVE DATE OF TERMINATION OF COVERAGE
Your authorization to discharge under this permit terminates at midnight of the calendar day that a complete NOT is submitted to EPA.
9 PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR
TERRITORIES
The provisions in this Part provide additions to the applicable conditions of this permit to reflect specific additional conditions required as part of the State or Tribal CWA Section
401 certification process, or the Coastal Zone Management Act (CZMA) certification
process, or as otherwise established by the permitting authority. The specific additional
revisions and requirements only apply to activities in those specific States, Indian country, and areas in certain States with Federal Facilities or areas subject to construction projects
by Federal Operators. States, Indian country, and other areas not included in this Part do
not have any additions to the applicable conditions of this permit.
9.1 EPA REGION 1
9.1.1 NHR100000 State of New Hampshire
Should the permit coverage for an individual applicant be insufficient to achieve
water quality standards, the New Hampshire Department of Environmental Services
(NHDES) may prepare additional 401 certification conditions for that applicant. Any
additional 401 certification conditions will follow all required NHDES public
participation requirements.
If you disturb 100,000 square feet or more of contiguous area, you must also comply
with RSA 485-A:17 and Env-Wq 1500, and, unless exempt, apply for an Alteration of
Terrain (AoT) permit from NHDES. This requirement also applies to a lower disturbance
threshold of 50,000 square feet or more when construction occurs within the
protected shoreline under the Shoreland Water Quality Protection Act (see RSA 483-B
and Env-Wq 1400). A permit application must also be filed if your project disturbs an
area of greater than 2,500 square feet, is within 50 feet of any surface water, and has
a flow path of 50 feet or longer disturbing a grade of 25 percent or greater. Project
sites with disturbances smaller than those discussed above, that have the potential to
adversely affect state surface waters, are subject to the conditions of an AoT
General Permit by Rule (Env-Wq 1503.03).
You must determine that any excavation dewatering discharges are not
contaminated before they will be authorized as an allowable non-stormwater
discharge under this permit (see Part 1.2.2 of the Construction General Permit or
CGP). In the absence of information demonstrating otherwise, the water is
considered uncontaminated if there is no groundwater contamination within 1,000
feet of the groundwater dewatering location. Information on groundwater
contamination can be generated over the Internet via the NHDES web site http://
des.nh.gov/ by using the One Stop Data Mapper. For a toxic substance included in
the New Hampshire surface water quality standards, see Env-Wq 1703.21 (see
https://www.des.nh.gov/sites/g/fi1es/ehbemt 341/files/documents/2020-01/Env-Wg
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1700.pdf). If it is determined that the groundwater to be dewatered is near a
remediation or other waste site, you must apply for the Remediation General Permit
(see https://www3.epa.gov/region1/npdes/rgp.html)
As a minimum, you must treat any uncontaminated excavation "dewatering"
discharges and "stormwater" discharges, as those terms are defined in Appendix A of
the CGP, as necessary, to remove suspended solids and turbidity so that the surface
waters receiving the construction discharges95 meet New Hampshire surface water
quality standards for turbidity (Env-Wq 1703.11 and Env-Wq 1703.03(c)(1)c), benthic
deposits (Env-Wq 1703.03(c)(1)a), and Env-Wq 1703.08) and foam, debris, scum or
other visible substances (i.e., plumes or visual turbidity)96 (Env-Wq 1703.03(c)(1)b).
95 Construction Discharges include uncontaminated "dewatering" and "stormwater" discharges as those terms are
defined in Appendix A of the CGP. Controlled construction discharges are construction discharges where the rate of
flow can be regulated such as from a construction settling basin or NHDES approved flocculation system.
96 For the definition of visual turbidity, see the definition for "Non-Turbid" in Appendix A of the CGP, which states the following:" "Non-Turbid" - a discharge that is free from visual turbidity. For the purposes of this permit, visual turbidity refers to a sediment plume or other cloudiness in the water caused by sediment that can be identified by an observer." [EPA interprets the text of this footnote as intending to reference the Appendix A definitions of “visual turbidity” and “non-turbid” in the final permit.]
For all Construction Activities covered under this CGP, the following shall apply to
ensure compliance with the aforementioned regulations for turbidity, benthic
deposits and visible substances:
Unless otherwise specified, site inspection requirements shall comply with Part
4 of the CGP. As a minimum site inspection frequency shall be in accordance
with Part 4.2.2 of the CGP (and Part 4.3.2 of the CGP for sites discharging
dewatering water). Site inspection frequency may be reduced in
accordance with Part 4.4 of the CGP (Reductions in Inspection Frequency).
Monitoring of the receiving water for visible turbidity and benthic sediment
deposits shall be conducted each site inspection and results reported in the
Inspection Report required in Part 4.7 of the CGP. Should visible turbidity or
benthic sediment deposits attributable or partly attributable to your
construction activities be present in the receiving water, the "Corrective
Actions" specified in Part 5 shall be immediately implemented to correct the
water quality standard violations. In addition, daily monitoring (including
photographs) of the receiving water shall be conducted until there is no
visible turbidity or benthic deposits. Inspection Reports required in Part 4.7 of
the CGP shall include, but not be limited to, the distance downstream and
the percent of the river width97 where visible turbidity was observed, and the
period of time that the visible turbidity persisted. A copy of the Inspection
Report(s) shall be made available to NHDES within 24 hours of receiving a
written request from NHDES.
97 The distance downstream and the percent of river width where visible turbidity (i.e., plume) is observed is required to
determine the extent of the river affected and to determine if there was a "zone of passage" (i.e., a portion of the
receiving water where there was no visible turbidity where mobile organisms could pass without being adversely impacted). The percent of river width affected is equal 100 multiplied by the width of the plume (in feet) divided by the width of the receiving water (in feet).
For Construction Activities, disturbing 5 acres or more of land at any one time
(excluding areas that have been completely stabilized in accordance with the
final stabilization criteria specified in Part 2.2.14.c of the CGP), the following shall
2022 Construction General Permit (CGP)
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apply to ensure compliance with the aforementioned regulations for turbidity,
benthic deposits and visible substances.
Item 9.1.1.d.i) above shall apply to all construction discharges and the
minimum site inspection frequency shall comply with Part 4.3.1 of the CGP
(and Part 4.3.2 of the CGP for sites discharging dewatering water). Site
inspection frequency may be reduced in accordance with Part 4.4 of the
CGP (Reductions in Inspection Frequency).
With regards to controlled construction discharges, if there is no visible
turbidity (i.e., plumes) or benthic deposits, and, in the absence of information
demonstrating otherwise, turbidity measurements of less than or equal to 50
nephelometric turbidity units (NTU) in the controlled construction discharges
at the outlet prior to mixing with the receiving surface waters, shall be
presumed to meet New Hampshire surface water quality standards for the
parameters listed above. As a minimum, the controlled construction
discharges must be sampled at each site inspection.
If any controlled construction discharge exceeds 50 NTU, or if visible turbidity
or benthic sediment deposits attributable or partly attributable to any
construction discharge are observed in the receiving water, then the
"Corrective Actions" specified in Part 5 of the CGP shall be immediately
implemented.
In addition, should such violation occur, and, in order to determine
compliance with surface water quality standards for turbidity (Env-Wq 1703.11
and Env-Wq 1703.03(c)(1)c), benthic deposits (Env-Wq 1703.03(c)(1)a), and
Env-Wq 1703.08) and foam, debris, scum or other visible substances (Env-Wq
1703.03(c)(1)b)), turbidity monitoring shall be immediately implemented as
specified below:
Turbidity samples of the receiving water shall be immediately taken in the
receiving water upstream and beyond the influence of the construction
activity, and, unless a mixing zone98 is approved by NHDES, no more than 75
feet downstream of each controlled construction discharge that exceeded
50 NTU and no more than 75 feet downstream of each construction
discharge that caused visible turbidity.
98 Permittees may request a distance greater than 75 feet downstream of a construction discharge for determining
compliance with turbidity standards in Class B surface waters, by submitting a mixing zone request to NHDES that complies with Env-Wq 1707.02. If a mixing zone is approved, NHDES is required to include conditions to ensure that the criteria on which the approval is based are met (Env-Wq 1707.03).
Downstream samples shall be taken at locations in the receiving water that
are most likely influenced by the discharge (e.g., if visible turbidity (i.e., a
plume) is present, the sample shall be taken in the plume). Samples shall be
collected a minimum of 2 times per day during the daylight hours at times
when construction activities are most likely to cause turbidity in the receiving
water and shall continue until the turbidity water quality standards are met in
the receiving water (i.e., the difference between the upstream and
downstream turbidity level is no greater than 10 NTU).
2022 Construction General Permit (CGP)
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If water quality standards are not met during daylight hours on any day,
sampling shall resume the next day and continue no fewer than 2 times per
day until water quality standards are met. The date, time, location and results
of turbidity measurements, as well as a summary identifying the cause of the
violations, corrective actions that were implemented, the period of time that
the receiving water exceeded turbidity standards and the distance
downstream and the percent of the river width where visible turbidity was
observed, and the period of time that the visible turbidity persisted, shall be
recorded and included in the Inspection Report required in Part 4.7 of the
CGP. Turbidity measurements shall be conducted via a field meter in
accordance with the requirements for turbidity specified in Table 1B in 40 CFR
136.3 (see 40 CFR §136.3 Identification of test procedures - Code of Federal
Regulations ecfr.io). Field meters shall be calibrated every day sampling is
conducted and prior to the first sample.
Construction site owners and operators are encouraged to consider opportunities for
post- construction groundwater recharge using infiltration best management
practices (BMPs) during site design and preparation of the SWPPP in order to assure
compliance with Env-Wq 1703.03 and Env-Wq 1703.11. If your construction site is in a
town that is required to obtain coverage under the NPDES General Permit for
discharges from Municipal Separate Storm Sewer Systems (MS4) you may be required
to use such practices. The SWPPP must include a description of any on-site infiltration
that will be installed as a post-construction stormwater management measure or
reasons for not employing such measures such as 1) The facility is located in a
wellhead protection area as defined in RSA 485- C:2; or 2) The facility is located in an
area where groundwater has been reclassified to GAA, GA1 or GA2 pursuant to RSA
485-C and Env-DW 901; or 3) Any areas that would be exempt from the groundwater
recharge requirements contained in Env-Wq 1507.04, including all land uses or
activities considered to be a "High-load Area" (see Env-Wq 1502.30). For design
considerations for infiltration measures see Env-Wq 1508.06. Note that there may be
additional local requirements that fall under the NH MS4 permittee's Authorization to
Discharge Permit for those regulated areas.
Appendix F of the CGP contains information regarding Tier 2, or high quality waters in
the various states. [EPA notes that this information has now been moved to
https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-
templates] Although there is no official list of tier 2 waters for New Hampshire, it can
be assumed that all New Hampshire surface waters are tier 2 for turbidity unless 1) the
surface water that you are proposing to discharge into is listed as impaired for
turbidity in the states listing of impaired waters (see https://nhdes-surface-water-
quality-assessment-site-nhdes.hub.arcgis.com/) or 2) sampling upstream of the
proposed discharge location shows turbidity values greater than 10 NTU (Env-Wq
1703.11). A single grab sample collected during dry weather (no precipitation within
48 hours) is acceptable.
To ensure compliance with RSA 485-C, RSA 485-A, RSA 485-A:13, l(a), Env-Wq 1700
and Env-Wq 302, the following information may be requested by NHDES. This
information must be kept on site unless you receive a written request from NHDES that
it be sent to the address shown below in 9.1.1.h.
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A list of all non-stormwater discharges that occur at the facility, including their
source locations and the control measures being used (see Part 1.2.2 of the
CGP).
Records of sampling and analysis required for construction dewatering and
stormwater discharges (see 9.1.1.d above).
All required or requested documents must be sent to: NH Department of
Environmental Services, Watershed Management Bureau, P.O. Box 95 Concord, NH
03302-0095.
9.1.2 MAR100000 Commonwealth of Massachusetts (except Indian country)
All discharges covered by the Construction General Permit shall comply with the
provisions pursuant to 314 CMR 3.00, 314 CMR 4.00, 314 CMR 9.00, including
applicable construction stormwater standards and 310 CMR 10.00.
Pursuant to 314 CMR 3.11 (2)(a)6., and in accordance with MassDEP’s obligation
under 314 CMR 4.05(5)(e) to maintain surface waters free from pollutants in
concentrations or combinations that are toxic to humans, aquatic life, or wildlife,
permittees are prohibited from discharging dewatering water under the CGP from
sites that are designated as Superfund/CERCLA or RCRA, and must make
accommodations to dispose of the dewatering discharges appropriately, such as
coverage under the Remediation General Permit (RGP).
Pursuant to 314 CMR 3.11 (2)(a), and in accordance with MassDEP’s obligation to
protect Outstanding Resource Waters under 314 CMR 4.04(3), applicants seeking
coverage under the 2022 CGP that propose to carry out construction activities near
Outstanding Resource Waters as identified in 314 CMR 4.06, shall submit to MassDEP
for review:
a copy of the Stormwater Pollution Prevention Plan (SWPPP),
a copy of the EPA NOI, and
MassDEP’s Stormwater BMP Checklist.
For purposes of this review, the permittee shall submit these documents to
MassDEP at the same time they are submitted to EPA. Instructions on how to
submit these documents to MassDEP and where to find the MassDEP
Stormwater BMP Checklist and obtain authorization to discharge can be
found here: https://www.mass.gov/how-to/wm-15-npdes-general-permit-
notice-of- intent.
Pursuant to 314 CMR 3.11 (2)(a)6., and in accordance with MassDEP’s obligation
under 314 CMR 4.05(5)(e) to maintain surface waters free from pollutants in
concentrations or combinations that are toxic to humans, aquatic life, or wildlife,
applicants that propose to dewater under the 2022 CGP and plan to discharge to
certain waters as described below, shall determine that any dewatering discharges
are not contaminated by testing the proposed discharge as described below as part
of the application for WM15 authorization. Unless otherwise specified, testing
described in this section should be conducted using the methods in 40 CFR 136.
Applicants for sites that plan to discharge to Outstanding Resource Waters as
identified in 314 CMR 4.06 shall test one sample of the proposed dewatering
discharge water for pH, E. Coli (for discharges to freshwater), fecal coliform (for
2022 Construction General Permit (CGP)
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discharges to salt water), Enterococci (for discharges to salt water), total
suspended solids, oil and grease, total nitrogen, total phosphorus, and all
parameters with numeric criteria listed in the Massachusetts Surface Water
Quality Standards at 314 CMR 4.05(e). Results shall be reported to MassDEP as
part of the WM15 application. To determine if the dewatering discharge could be
covered under the 2022 CGP, the effluent at zero dilution must meet numeric
water quality criteria. If the effluent does not meet numeric water quality criteria,
the applicant shall contact EPA Region 1 to discuss coverage under the
Remediation General Permit.
Applicants for sites that propose to discharge to Public Water Supplies (314 CMR
4.06(1)(d)1) shall also test one sample of the proposed dewatering discharge
water for per- and polyfluoroalkyl substances (PFAS), as outlined in the table
below. Results shall be reported to MassDEP as part of the WM15 application. If
any PFAS compounds are detected, the applicant shall apply for coverage
under the NPDES Remediation General Permit for Massachusetts if required.
PFAS Testing Parameters for Discharges to Public Drinking Water Supplies99
Perfluorohexanesulfonic acid (PFHxS), grab Report ng/L
Perfluoroheptanoic acid (PFHpA), grab Report ng/L
Perfluorononanoic acid (PFNA), grab Report ng/L
Perfluorooctanesulfonic acid (PFOS), grab Report ng/L
Perfluorooctanoic acid (PFOA), grab Report ng/L
Perfluorodecanoic acid (PFDA), grab Report ng/L
99 PFAS testing shall follow established EPA methods 537 or 537.1 for drinking water until EPA Method 3512 for non- potable water becomes available.
Applicants for sites that propose to discharge to an impaired water as identified
in the most recent final Massachusetts Integrated List of Waters, shall test one
sample of the proposed dewatering discharge water for the parameter(s) for
which the waterbody is impaired. To determine if the dewatering discharge could
be covered under the 2022 CGP, the effluent at zero dilution must meet numeric
water quality criteria. If the effluent does not meet numeric water quality criteria,
the applicant shall contact EPA Region 1 to discuss coverage under the
Remediation General Permit and shall apply for RGP coverage if required.
For dewatering discharges to all other waters, if any pollutants are known or believed present in the proposed dewatering discharge water, the applicant
shall apply for coverage under the NPDES Remediation General Permit for
Massachusetts if required. For the purposes of this condition, a pollutant is “known present” if measured above the analytical detection limit using a sufficiently
sensitive test method in an environmental sample, and “believed present” if a
pollutant has not been measured in an environmental sample but will be added
or generated prior to discharge, such as through a treatment process. Consequently, a pollutant is “known absent” if measured as non-detect relative
to the analytical detection limit using a sufficiently sensitive test method in an
environmental sample, and “believed absent” if a pollutant has not been
measured in an environmental sample but will not be added or generated prior to discharge and is not a parameter that applies to the applicable activity
category for a site. If any pollutants are known or believed present in the
2022 Construction General Permit (CGP)
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proposed dewatering discharge water, the applicant shall test one sample of the proposed dewatering discharge water for the pollutants known or believed to be
present. To determine if the dewatering discharge could be covered under the
2022 CGP, the effluent at zero dilution must meet numeric water quality criteria. If
the effluent does not meet numeric water quality criteria, the applicant shall contact EPA Region 1 to discuss coverage under the Remediation General
Permit.
Pursuant to 314 CMR 3.11 (2)(a), and in accordance with MassDEP’s obligation to
protect Outstanding Resource Waters under 314 CMR 4.04(3), applicants that
propose to dewater under the 2022 CGP and discharge to Outstanding Resource
Waters as identified in 314 CMR 4.06, shall submit the SWPPP and associated
documents to MassDEP to review. MassDEP shall complete review within 30 days of
receipt.
Pursuant to 314 CMR 3.11 (2)(a)6., and in accordance with MassDEP’s obligation
under 314 CMR 4.05 to maintain surface waters free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would impair
any use assigned to the waterbody, permittees that have been authorized to dewater under the 2022 CGP and that discharge to Outstanding Resource Waters as
identified in 314 CMR 4.06 shall carry out daily benchmark monitoring for turbidity100
for the duration of dewatering. Permittees shall compare the weekly average of the
turbidity monitoring results with the established benchmark turbidity value of 25 Nephelometric Turbidity Units (NTU). If a permittee’s weekly average turbidity results
exceed the benchmark, the operator shall conduct follow-up corrective action to
determine the source of the problem and to make any necessary repairs or
upgrades to the dewatering controls to lower the turbidity levels. The permittee shall document any corrective action taken in its corrective action log. Furthermore,
permittees at these sites shall carry out inspections at higher frequency, specifically,
daily inspections of the dewatering discharge treatment for the duration of the
discharge. The permittee shall inspect the site for sediment plume or whether a hydrocarbon sheen is visible at the point of discharge, estimate the flow rate at the
point of discharge, and inspect the site downstream to assess whether sedimentation
is attributable to the dewatering discharges.
100 Applicants shall follow EPA Method 180.1 to monitor for turbidity
Pursuant to 314 CMR 3.11 (2)(a)6., and in accordance with MassDEP’s obligation
under 314 CMR 4.05 to maintain surface waters free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would impair
any use assigned to the waterbody, permittees shall store materials outside the Base
Flood Elevation101 when feasible to prevent displacing runoff and erosion.
101 Base Flood Elevation (BFE) is the elevation of surface water resulting from a flood that has a 1% chance
of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map
(FIRM) for zones AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1– A30, AR/AH, AR/AO, V1–V30 and VE. (Source:
https://www.fema.gov/node/404233).
Pursuant to 314 CMR 3.11 (2)(a), and in accordance with MassDEP’s obligation to
maintain surface waters free from nutrients in concentrations that would cause or
contribute to impairment of existing or designated uses under 314 CMR 4.05(5)(c), all
applicants who apply for coverage under the 2022 CGP shall follow guidelines on
fertilizer application, including use of fertilizer containing no phosphorus, in
accordance with 330 CMR 31.00 Plant Nutrient Application Requirements for
2022 Construction General Permit (CGP)
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Agricultural Land and Non-Agricultural Turf and Lawns. Further, fertilizer shall never be
applied to a site when a rain event greater than 0.5 inches is forecast in the next 48
hours.
Pursuant to 314 CMR 3.11 (2)(a), all applicants who apply for coverage under the
2022 CGP and elect to carry out site inspections every 14 days shall also inspect sites
within 24 hours of 0.25 inches of precipitation events or greater over 24 hours, or within
24 hours of a discharge that occurred due to snowmelt from 3.25 inches or greater of
snow accumulation.102 During the high flow periods in spring (i.e., months of April to
June), inspection frequency shall be increased to once per week for all sites.
102 This is the amount of snow that is equivalent to 0.25 inches of rain, based on information from the National Oceanic and Atmospheric Administration (NOAA) indicating that 13 inches of snow is, on
average, equivalent to 1 inch of rain. See https://www.nssl.noaa.gov/education/svrwx101/winter/faq/.
To determine whether 3.25 inches or greater of snow accumulation has occurred
at a site, snowfall measurements can be taken at the site,103 or the operator can
rely on similar information from a local weather forecast.
103 NOAA’s National Weather Service has guidelines on snowfall measurements at https://www.weather.gov/jkl/snow_measurement. These guidelines recommend use of a “snowboard” (a
piece of wood about 16 inches by 16 inches) that is placed in an unobstructed part of the site on a hard
surface.
Implementing structural improvements, enhanced/resilient pollution prevention
measures, and other mitigation measures can help to minimize impacts from
stormwater discharges from major storm events such as hurricanes, storm surge,
extreme/heavy precipitation,104 and flood events. Pursuant to 314 CMR 3.11 (2)(a), if
such stormwater control measures are already in place due to existing requirements
mandated by other state, local or federal agencies, the SWPPP shall include a brief
description of the controls and a reference to the existing requirement(s). If the site
may be exposed to or has previously experienced such major storm events105,
additional stormwater control measures that may be considered, and implemented
as necessary, include, but are not limited to:
104 Heavy precipitation refers to instances during which the amount of rain or snow experienced in a
location substantially exceeds what is normal. What constitutes a period of heavy precipitation varies
according to location and season. Heavy precipitation does not necessarily mean the total amount of
precipitation at a location has increased— just that precipitation is occurring in more intense or more
frequent events.
105 To determine if your facility is susceptible to an increased frequency of major storm events that could
impact the discharge of pollutants in stormwater, you may reference FEMA, NOAA, or USGS flood map
products at https://www.usgs.gov/faqs/where-can-i-find-flood-maps?qt-
news_science_products=0#qtnews_science_products.
Reinforce materials storage structures to withstand flooding and additional
exertion of force;
Prevent floating of semi-stationary structures by elevating to the Base Flood
Elevation (BFE) level or securing with non-corrosive device;
When a delivery of exposed materials is expected, and a storm is anticipated
within 48 hours, delay delivery until after the storm or store materials as
appropriate (refer to emergency procedures);
2022 Construction General Permit (CGP)
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Temporarily store materials and waste above the Base Flood Elevation [EPA notes
that it has deleted a footnote reference to the term “Base Flood Elevation” since
the same footnote is already included in Part 9.1.2.g, above.] level;
Temporarily reduce or eliminate outdoor storage;
Temporarily relocate any mobile vehicles and equipment to higher ground;
Develop scenario-based emergency procedures for major storms that are
complementary to regular stormwater pollution prevention planning and identify
emergency contacts for staff and contractors; and
Conduct staff training for implementing your emergency procedures at regular
intervals.
Pursuant to 314 CMR 3.11 (2)(a)6., and in accordance with MassDEP’s obligation
under 314 CMR 4.05(5)(e) to maintain surface waters free from pollutants in
concentrations or combinations that are toxic to humans, aquatic life, or wildlife,
permittees who seek coverage under the 2022 CGP and anticipate to carry out dust
control shall limit their dust control methodology to using water only and specifically
avoid using other techniques, such as solutions containing calcium chloride.
If MassDEP requests a copy of the Stormwater Pollution Prevention Plan (SWPPP) for
any construction site at any time, the permittee shall submit the SWPPP to MassDEP
within 14 days of such a request. MassDEP may conduct an inspection of any site
covered by this permit to ensure compliance with state law requirements, including
state water quality standards.
9.1.3 MTR10F000 Areas in the State of Vermont located at a federal facility
Earth disturbance at any one time is limited to five acres.
All areas of earth disturbance must have temporary or final stabilization within 14
days of the initial disturbance. After this time, disturbed areas must be temporarily or
permanently stabilized in advance of any runoff producing event. A runoff producing
event is an event that produces runoff from the construction site. Temporary
stabilization is not required if precipitation is not forecast and work is to continue in
the next 24-hours or if the work is occurring in a self-contained excavation (i.e. no
outlet) with a depth of two feet or greater (e.g. house foundation excavation, utility
trenches). Areas of a construction site that drain to sediment basins are not
considered eligible for this exemption, and the exemption applies only to the
excavated area itself.
Site inspections on active construction sites shall be conducted daily during the
period from October 15 through April 15.
The use of chemical treatments (e.g. polymers, flocculants, and coagulants) for the
settling and/or removal of sediment from stormwater runoff associated with
construction and construction-related activities requires prior written approval and
an approved site and project-specific plan, from the Vermont Agency of Natural
Resources. In addition, the use of cationic polymers is prohibited unless approved by
the Vermont Agency of Natural Resources under a site and project-specific plan.
Any applicant under EPA’s CGP shall allow authorized Vermont Agency of Natural
Resources representatives, at reasonable times and upon presentation of credentials,
to enter upon the project site for purposes of inspecting the project and determining
2022 Construction General Permit (CGP)
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compliance with this Certification.
The Vermont Agency of Natural Resources may reopen and alter or amend the
conditions of this Certification over the life of the EPA 2022 Construction General
Permit when such action is necessary to assure compliance with the VWQS.
9.2 EPA REGION 2
9.2.1 NYR10I000 Indian country within the State of New York
Saint Regis Mohawk Tribe
Any Responsible-Person/Decision-Maker required under the CGP to submit a
Notice of lntent (NOI) to EPA for coverage under the CGP, must concurrently
submit an electronic copy of the NOI to the SRMT Environmental Division, Water
Resource Program Manager. Additionally, an electronic copy of the Notice of
Termination (NOT) must be provided within three business days after electronic
confirmation is received from EPA that the NOT has been accepted. The NOI and
NOT must be electronically provided to the following addresses:
Mr. Tieman W. Smith
Water Resources Program Manager Saint Regis Mohawk Tribe
449 Frogtown Road
Akwesasne, NY 13655 Tiernan.Smith@srmt-nsn.gov 518.358.2272 ext. 5073
Any Responsible-Person/Decision-Maker that is required as part of the CGP to
prepare a Discharge Management Plan (OMP) or Storm Water Management
Plan (SWMP) and/or Storm Water Pollution Prevention Plan (SWPPP) must submit
an electronic copy of the DMP, SWMP and/or SWPPP to the SRMT Environment
Division, Water Resources Program Manager IO business days prior to the start of
construction of any work to be conducted under the CGP. The applicable
documents must be provided to the electronic address listed above.
Any Responsible-Person/Decision-Maker that is required under the CGP to submit
an annual report to EPA must submit an electronic copy of the annual report
concurrently to the SRMT Water Resource Program. Additionally, any
correspondences between the applicant and EPA related to analytical data,
written reports, corrective action, enforcement, monitoring, or an adverse
incident must likewise be routed to the SRMT Water Resources Program at the
above electronic address.
An "Authorization to Proceed Letter" with site-specific mitigation requirements
may be sent out to the permittee when a review of the NOI and OMP, SWMP and
/or SWPPP on a case-by-case basis, is completed by the SRMT Environment
Division, Water Resource Program. This approval will allow the application to
proceed if all mitigation requirements are met.
Seneca Nation
Under Part 1.1.5 of the CGP, the Seneca Nation requests that an applicant must
demonstrate that they meet the eligibility criteria listed in Appendix D (certify in
your Notice of lntent (NOI) that you meet one of the eligibility criteria [Criterion A-
F]) as well as species and critical habitats that are listed under the Seneca
Nation's "Fishing and Conservation Laws" and the "Seneca Nation of Indians
Comprehensive Conservation Law".
2022 Construction General Permit (CGP)
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The Tribal Historic Preservation Office (THPO) was established in 2000 after the
Seneca Nation received a recognition letter from the National Park Service (NPS);
therefore under Part 1.1.6 of the CGP (Appendix E) and prior to submitting a
Notice of Intent (NOI) operators must complete the Nation's TPHO, Project Review
Form (https://sni.org/media/246603/sni-thpo-project-review-form.pdf) and submit
the completed form with associated information to the Tribal Historic Preservation
Officer at 90 Ohi:yo' Way, Salamanca, NY 14779. Federal agencies engaging in
construction activities must provide for construction review by a certified
construction reviewer in accordance with 7 Del. C. §§4010 & 4013 and 7 DE
Admin. Code 5101, subsection 6.1.6.
Under Part 1.2 of the CGP, discharges must also follow the Section 13 of the
Guide for Construction (Seneca Nation of Indians Source Water Code) and
respectively, Council Resolution, dated April 13, 2013 (CN: R-04-13-13-11) to
ensure that the health, safety and welfare of the citizens of the Seneca Nation,
and all other within the Lands and Territories of the Seneca Nation of Indians, and
to facilitate the adequate provisions of water through the elimination or
prevention of ground water contamination in the vicinity of wells that supply
drinking water for the Nation. The area is known as the Source Water Protection
Area (SWPA) and specified activities are regulated within this SWPA, as cited in
Section 13 of the Guide for Construction and Section VI, of CN: R-04-13-13-11.
Under Part 1.4, any operator who seeks coverage of the CGP, and is required to
submit a notice of intent NOI and Notice of Termination (NOT) (as necessary) to
the EPA for coverage, under Part 1.4.2 must also submit a copy of the NOI to the
Seneca Nation's Environmental Protection Department (EPD) within three business
days of submittal to the EPA, (address shown below). Respectively, a copy of the
NOT (as described under Part 8.3 of the CGP), which certifies that you have met
the requirements of Part 8, must be provided within three business days after
electronic confirmation is received from the EPA that the NOT has been
accepted. In addition to a NOI and NOT, the Seneca Nation (Environmental
Protection Department [EPD]) would require an Environmental Impact
Assessment (EA) (Long Form), as shown in Section 2 of the Seneca Nation of
Indians Laws, Ordinances & Policies (Guide for Construction), to be completed
and submitted to the EPD prior to any project to determine whether the impacts
from a project would create significant and detrimental effects to the Nation's
lands, water (violate WQS), and environment. The NOI, NOT, and EA must be
submitted electronically to epd@sni.org and provided to the following address:
Seneca Nation
Environmental Protection Department (EPD) Attn: Director of EPD
12837 Route 438
Irving, NY 14081
Under Part 3.0 of the CGP, discharges must be controlled as necessary to meet
applicable WQS. The Seneca Nation is working actively towards finalizing and
implementing the; therefore, the EPD would require an applicant to submit or
grant access to the permit to obtain information on the impact of effluents on
receiving waters, including the capability of receiving waters to support future
designated uses and achieve the WQS of the Nation; and to advise prospective
dischargers of discharge requirements, and coordinate with the appropriate
2022 Construction General Permit (CGP)
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permitting agencies. As stated in the Decision Document, under Section 303(c) of
the CWA, 33 U.S.C. § 1313(c), states develop, review, and revise (as appropriate)
water quality standards for surface waters of the United States. At a minimum,
such standards are to include designated water uses, water quality criteria to
protect such uses, and an antidegradation policy. 40 C.F.R. § 131.6. In addition,
under Section 401 of the CWA states may grant, condition, or deny "certification"
for federally permitted or licensed activities that may result in a discharge to the
waters of the United States 33 U.S.C. § 1341.
Under Part 7.2.8(a)(b)(c) and for Part 9 of the CGP, the following Sections of the
Seneca Nation's Guide for Construction shall be considered, in conjunction with
the CGP:
(a) Section 1. Executive Order - To Establish a Policy for Governing Access to
Nation Territories and Facilities by Officials of Foreign Government, dated
March 31, 2011
(b) Section 3. Natural Resources Committee, Sand and Gravel Law (CN: R-06-24-
05-08)
(c) Section 4. Fishing and Conservation Laws - Part 1.1.5 of the CGP
(d) Section 5. Seneca Nation of lndians Comprehensive Conservation Law,
adopted January 14, 2012
(e) Section 9. Food is Our Medicine (FIOM) Program/Native Planting Policy (CN: R-
03- 08-14-14)
(f) Section 10. Forestry Management Plan (CN: R-08-14-10-23)
(g) Section 11. Timber Ordinance #411-092, dated May 8, 1982
(h) Section 14. Flood Damage Prevention Local Law, dated September 27, 1988
(i) Section 16. Utilities Ordinance No. 87-100
(j) Authorizing Emergency Action and Contingency Plan to Restrain Pollution of
Nations Waters, (Council Resolution: R-03-01-18-10), dated March 10, 2018
Seneca Nation of Indians Permit Application for Construction within
Waterways Permit, Form NR98-01.00
9.3 EPA REGION 3
9.3.1 DCR100000 District of Columbia
Discharges authorized by this permit shall comply with the District of Columbia Water
Pollution Control Act of 1984, as amended (DC Official Code § 8-103.01 and § 8-
103.06, et seq.) to ensure that District of Columbia waters, waters in adjacent and
downstream states, and the beneficial uses of these waters will not be harmed or
degraded by the discharges.
Discharges authorized by this permit must comply with §§ 1104.1 and 1104.8 of
Chapter 11 and the provisions of Chapter 19 of Title 21of District of Columbia
Municipal Regulations in order to attain and maintain designated uses of the District
of Columbia waters.
2022 Construction General Permit (CGP)
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The permittee shall comply with the District of Columbia Stormwater Management
and Soil Erosion and Sediment Control regulations in Chapter 5 of Title 21 of the
District of Columbia Municipal Regulations.
The permittee shall comply with the District of Columbia Flood Management Control
regulations in Chapter 31 of Title 20 of the District of Columbia Municipal Regulations.
The permittee shall submit a copy of the Stormwater Pollution Prevention Plan
(SWPPP) to the Regulatory Review Division, Department of Energy & Environment,
Government of the District of Columbia, 1200 First Street, NE, 5th Floor, Washington,
DC 20002, during the review and approval of the permittee’s DOEE Erosion and
Sediment Control Plan in accordance with the provisions of Chapter 542 of Title 21 of
the District of Columbia Municipal Regulations.
Upon request, the permittee shall submit all inspection and monitoring reports as
required by this permit and 40 CFR § 122.41 to the Associate Director, Inspection and
Enforcement Division, Department of Energy & Environment, Government of the
District of Columbia, 1200 First Street, NE, 5th Floor, Washington, DC 20002; telephone
(202) 535-2226, or by email at Joshua.Rodriguez@dc.gov.
In the event the permittee intends to discharge dewatering water, groundwater, or
groundwater comingled with stormwater from a known contaminated site, the
permittee shall contact the Regulatory Review Division, Department of Energy &
Environment, Government of the District of Columbia, 1200 First Street, NE, 5th Floor,
Washington, DC 20002; telephone (202) 535-2600, or by email at
MS4DischargeAuthorization@dc.gov to request authorization to discharge
dewatering water, groundwater, or groundwater comingled with stormwater to the
District’s Municipal Separate Storm Sewer System (MS4) or to a surface water body
pursuant to §§ 8-103.02, 8-103.06, and 8-103.07 of the District of Columbia Water
Pollution Control Act of 1984, as amended.
9.3.2 DER10F000 Areas in the State of Delaware located at a federal facility (as defined in
Appendix A)
Federal agencies must submit a sediment and stormwater management plan (SSMP)
and receive Department approval prior to undertaking any land clearing, soil
movement or construction activity unless conducting an exempt activity.
Federal construction activities are required to have a third-party Certified
Construction Reviewer (CCR) perform weekly reviews to ensure the adequacy of
construction activities pursuant to the approved SSMP and regulations.
Implementation of approved SSMPs requires the daily oversight of construction
activity by certified responsible personnel.
Implementation of approved SSMPs requires the daily oversight of construction
activity by certified responsible personnel.
A current copy of the SSMP must be maintained at the construction site.
Unless authorized by the Department, not more than 20 acres may be disturbed at
any one time.
9.4 EPA REGION 4
No additional conditions
2022 Construction General Permit (CGP)
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9.5 EPA REGION 5
9.5.1 MIR10I000 Indian country within the State of Minnesota
Fond du Lac Reservation
New dischargers wishing to discharge to an Outstanding Reservation Resource
Water (ORRW)106 must obtain an individual permit from EPA for storm water
discharges from large and small construction activities.
106 Although additional waters may be designated in the future, currently Perch Lake, Rice Portage Lake,
Miller Lake, Deadfish Lake, and Jaskari Lake are designated as ORRWs.
A copy of the Storm Water Pollution Prevention Plan (SWPPP) must be submitted
to the Office of Water Protection at least fifteen (15) days in advance of sending
the Notice of Intent to EPA. The SWPPP can be submitted electronically to
richardgitar@FDLREZ.com or by hardcopy sent to:
Fond du Lac Reservation
Office of Water Protection
1720 Big Lake Road
Cloquet, MN 55720
Copies of the Notice of Intent (NOI) and the Notice of Termination (NOT) must be
sent to the Fond du Lac Office of Water Protection at the same time they are
submitted to EPA. [The condition helps the Office of Water Protection keep track
of when a project is about to start and when it has ended. FDL Water Quality
Certification Ordinance, Section 204 (a) (2)).
If the project will entail a discharge to any watercourse or open water body, the
turbidity limit shall NOT exceed 10% of natural background within the receiving
water(s) as determined by Office of Water Protection staff. For such discharges,
turbidity sampling must take place within 24 hours of a ½-inch or greater rainfall
event. The results of the sampling must be reported to the Office of Water
Protection within 7 days of the sample collection. All sample reporting must
include the date and time, location (GPS: UTM/Zone 15), and NTU. CGP
applicants are encouraged to work with the Office of Water Protection in
determining the most appropriate location(s) for sampling. [This condition helps
both the Office of Water Protection and the project proponent in knowing
whether or not their erosion control efforts are effective. FDL Water Quality
Certification, Section 204 (b) (1)).
Receiving waters with open water must be sampled for turbidity prior to any
authorized discharge as determined by Office of Water Protection staff. This
requirement only applies to receiving waters which no ambient turbidity data
exists. [This condition allows the Office of Water Protection to obtain a baseline
turbidity sample in which to compare to other samples. FDL Water Quality
Certification Ordinance, Section 204 (b) (2)].
All work shall be carried out in such a manner as will prevent violations of water
quality criteria as stated in the Water Quality Standards of the Fond du Lac
Reservation, Ordinance #12/98, as amended. This includes, but is not limited to,
the prevention of any discharge that causes a condition in which visible solids,
bottom deposits, or turbidity impairs the usefulness of water of the Fond du Lac
2022 Construction General Permit (CGP)
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Reservation for any of the uses designated in the Water Quality Standards of the
Fond du Lac Reservation. These uses include wildlife, aquatic life, warm water
fisheries, cold water fisheries, subsistence fishing (netting), primary contact
recreation, secondary contact recreation, cultural, wild rice areas, aesthetic
waters, agriculture, navigation, commercial and wetlands. It also includes the
designated uses of wetlands including, but not limited to, baseflow discharge,
cultural opportunities, flood flow attenuation, groundwater recharge, indigenous
floral and fauna) diversity and abundance, nutrient cycling, organic carbon
export/cycling, protection of downstream water quality, recreation, resilience
against climactic effects, sediment/shoreline stabilization, surface water storage,
wild rice, and water dependent wildlife. [In addition to listing the designated uses
of waters of the Fond du Lac Reservation, this condition also limits the project
proponent to discharges that will not violate our Water Quality Standards. FDL
Water Quality Certification Ordinance, Section 204 (a) (7)).
Appropriate steps shall be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering waters of the Fond du Lac
Reservation. All spills must be reported to the appropriate emergency
management Agency (National Response Center AND the State Duty Officer),
and measures shall be taken immediately to prevent the pollution of waters of
the Fond du Lac Reservation, including groundwater. The Fond du Lac Office of
Water Protection must also be notified immediately of any spill regardless of size.
[This condition helps protect water quality and also reminds project proponents of
their responsibility in reporting spill events. FDL Water Quality Certification
Ordinance, Section 204 (b) (3)).
All seed mixes, whether used for temporary stabilization or permanent seeding,
shall NOT contain any annual ryegrass (Lolium species). Wild rye (Elymus species)
or Oats (Avena species) may be used as a replacement in seed mixes. [This
condition prevents the use of annual ryegrass on the Reservation. Annual ryegrass
is allelopathic, which means it produces biochemical in its roots that inhibit the
growth of native plants. If used in seed mixes, annual ryegrass could contribute to
erosion, especially on slopes. However, the condition also specifies substitute
grasses that germinate almost as fast as annual ryegrass for use as a cover crop
to help prevent erosion. FDL Water Quality Certification Ordinance, Section 204 (t)
(1)).
To prevent the introduction of invasive species, ALL contractors and
subcontractors MUST disclose information stating prior equipment location(s) and
ALL known invasive species potentially being transported from said location(s). All
equipment MUST undergo a high pressure wash (including any equipment mats)
BEFORE ENTERING the Fond du Lac Reservation. Personal equipment such as work
boots, gloves, vest, etc. MUST be clean of debris, dirt and plant and animal
material BEFORE ENTERING the Fond du Lac Reservation. Equipment being
transported from known infested areas MUST undergo a high pressure wash as
soon as possible after leaving the infested site and again BEFORE ENTERING the
Fond du Lac Reservation, to avoid transport of invasive species into areas
surrounding the Reservation. Written certification of equipment cleaning MUST be
provided to the Fond du Lac Office of Water Protection. Upon arrival, ALL
contractor and subcontractor equipment will be inspected by appointed Fond
du Lac staff. If equipment is deemed unsatisfactory, the equipment MUST
2022 Construction General Permit (CGP)
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undergo a high pressure washing until the equipment is cleared by the inspector,
until such time, minimal travel will be allowed through the Reservation. The
contractor shall be held responsible for the control of any invasive species
introduced as a result of their project. [This condition requires the project
proponent to prevent the inadvertent introduction of invasive species by taking
an active role in cleaning all vehicles, equipment, and equipment mats before
entering the Reservation. This condition has been placed in certifications since
2012, due to the introduction of Wild Parsnip in 2011 from a pipeline contractor. It
is much easier to prevent the introduction of an invasive species than it is to
eradicate it once it has been introduced. Many invasive plant species form
monocultures, preventing native plants from growing. This situation often leads to
cases of erosion, which in turn effects water quality. FOL Water Quality
Certification Ordinance, Section 204 (g) (1)].
A copy of this certification MUST be kept by the contractor on-site at all times and
be available for viewing by all personnel, including inspectors. [This condition
ensures that the information contained in the certification, especially the
conditions, is readily available onsite for reference. FOL Water Quality
Certification Ordinance, Section 204 (a) (9)].
The Grand Portage Band of Lake Superior Chippewa
The CGP authorization is for construction activities that may occur within the
exterior boundaries of the Grand Portage Reservation in accordance to the
Grand Portage Land Use Ordinance. The CGP regulates stormwater discharges
associated with construction sites of one acre or more in size. Only those activities
specifically authorized by the CGP are authorized by this certification (the
“Certification”).
All construction stormwater discharges authorized by the CGP must comply with
the Water Quality Standards and Water Resources Ordinance, as well as
Applicable Federal Standards (as defined in the Water Resources Ordinance).
All appropriate steps must be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering the Waters of the Reservation.
All spills must be reported to the appropriate emergency-management agency,
and measures must be taken to prevent the pollution of the Waters of the
Reservation, including groundwater.
The 2022 CGP requires inspections and monitoring reports of the construction site
stormwater discharges by a qualified person. Monitoring and inspection reports
must comply with the minimum requirements contained in the 2022 CGP. The
monitoring plan must be prepared and incorporated into the Storm Water
Pollution Prevention Plan (the “SWPP”). A copy of the SWPP must be submitted to
the Board at least 30 days in advance of sending the requisite Notice of Intent to
EPA. The SWPP should be sent to:
Grand Portage Environmental Resources Board
P.O. Box 428
Grand Portage, MN 55605
Copies of the Notice of Intent and Notice of Termination required under the General Permit must be submitted to the Board at the address above at the same time they are submitted to the EPA.
2022 Construction General Permit (CGP)
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If requested by the Grand Portage Environmental Department, the permittee
must provide additional information necessary for a case-by-case eligibility
determination to assure compliance with the Water Quality Standards and any
Applicable Federal Standards. The burden is on the applicant to demonstrate
compliance with the Water Quality Standards, the Water Resources Ordinance,
and Applicable Federal Standards whether or not the application is ultimately
eligible for the CGP.
CGP discharges must not cause nuisance conditions as defined in Grand Portage
Water Quality Standards.
The Board retains full authority to ensure compliance with and to enforce the
provisions of the Water Resource Ordinance and Water Quality Standards,
Applicable Federal Standards, and these Certification conditions. Nothing herein
affects the scope or applicability of other controlling tribal or federal
requirements, including but not limited to impacts to cultural, historical, or
archeological features or sites, or properties that may be eligible for listing on the
National Register of Historic Places under the National Historic Preservation Act, 54
U.S.C. §§ 300101 et seq.
Appeals related to Board actions taken in accordance with any of the preceding
conditions may be heard by the Grand Portage Tribal Court.
Leech Lake Band of Ojibwe
The water quality standards that apply to the construction site are the standards
at the time the operator submits its Notice of Intent (NOI) to EPA and the LLBO
WRP (see conditions # 2 and # 3).
A copy of the Stormwater Pollution Prevention Plan (SWPPP) must be submitted to
the LLBO WRP at least 30 days in advance of sending the NOI for the project to
EPA. See attached LLBO 401 Water Quality Certification Ordinance. Section
304(a)(1). The SWPPP should be submitted electronically to
Jeff.Harper@llojibwe.net and by hardcopy sent to:
Leech Lake Band of Ojibwe
ATTN: Water Resources Program - 401 Cert
Division of Resource Management
190 Sailstar Drive NW
Cass Lake, Minnesota 56633
Copies of the NOI and the Notice of Termination (NOT) must be submitted to the
LLBO WRP at the same time they are submitted to EPA. See attached LLBO 401
Water Quality Certification Ordinance, Section 304(a)(2). The NOI and NOT should
be submitted electronically to Jeff.Harper@llojibwe.net and sent by hardcopy to
the address cited in condition # 2.
Any and all other conditions listed in Section 304 of the attached LLBO 401 Water
Quality Certification Ordinance shall be observed unless the LLBO WRP deems
that certain conditions therein are not applicable to the project in need of a
permit under this certification.
A copy of this certification MUST be kept by the contractor on-site at all times and
be available for viewing by all personnel, including inspectors.
2022 Construction General Permit (CGP)
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Upon consideration of the NOI, if the LLBO WRP finds that the discharge will not
be controlled as necessary to meet applicable water quality standards, the LLBO
WRP may insist, consistent with Part 3.1 of the CGP, that additional controls are
installed to meet applicable water quality standards, or recommend to EPA that
the operator obtain coverage under an individual permit.
9.5.2 WIR10I000 Indian country within the State of Wisconsin
Bad River Band of Lake Superior Tribe of Chippewa Indians
Only those activities specifically authorized by the CGP are authorized by this
Certification. This Certification does not authorize impacts to cultural properties,
or historical sites, or properties that may be eligible for listing as such.
All projects which are eligible for coverage under the CGP and are located
within the exterior boundaries of the Bad River Reservation shall be implemented
in such a manner that is consistent with the Tribe’s Water Quality Standards
(WQS). The Tribe’s WQS can be viewed at: http://www.badriver-nsn.gov/wp-
content/uploads/2020/01/NRD_WaterQualityStandards_2011.pdf
Operators are not eligible to obtain authorization under the CGP for all new
discharges to an Outstanding Tribal Resource Water (OTRW or Tier 3 water).
OTRWs, or Tier 3 waters, include the following: Kakagon Slough and the lower
wetland reaches of its tributaries that support wild rice, Kakagon River, Bad River
Slough, Honest John Lake, Bog Lake, a portion of Bad River, from where it enters
the Reservation through the confluence with the White River, and Potato River.
OTRWs can be viewed at:
https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f1c2
c705c 7c7c5
An operator proposing to discharge to an Outstanding Resource Water (ORW or
Tier 2.5 water) under the CGP must comply with the antidegradation provisions of
the Tribe’s WQS. ORWs, or Tier 2.5 waters, include the following: a portion of Bad
River, from downstream the confluence with the White River to Lake Superior,
White River, Marengo River, Graveyard Creek, Bear Trap Creek, Wood Creek,
Brunsweiler River, Tyler Forks, Bell Creek, and Vaughn Creek. ORWs can be viewed
at:
https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f1c2
c705c 7c7c5. The antidegradation demonstration materials described in provision
E.4.iii., and included on the antidegradation demonstration template found at:
https://www.badriver-nsn.gov/natural-resources/projectreviews/, must be
submitted to the following address:
Bad River Tribe’s Natural Resources Department
Attn: Water Regulatory Specialist
P.O. Box 39 Odanah, WI 54861
WaterReg@badriver-nsn.gov
An operator proposing to discharge to an Exceptional Resource Water (ERW or
Tier 2 water) under the CGP must comply with the antidegradation provisions of
the Tribe’s WQS. ERWs, or Tier 2 waters, include the following: any surface water
within the exterior boundaries of the Reservation that is not specifically classified
as an Outstanding Resource Water (Tier 2.5 water) or an Outstanding Tribal
Resource Water (Tier 3 water). ERWs can be viewed at:
2022 Construction General Permit (CGP)
Page 67
https://www.arcgis.com/apps/View/index.html?appid=6f44c371217e4ee8b5f1c2
c705c 7c7c5. The antidegradation demonstration materials described in provision
E.4.ii., and included on the antidegradation demonstration template found at:
https://www.badriver-nsn.gov/natural-resources/projectreviews/, must be
submitted to the following address:
Bad River Tribe’s Natural Resources Department
Attn: Water Regulatory Specialist
P.O. Box 39 Odanah, WI 54861
WaterReg@badriver-nsn.gov
Projects utilizing cationic treatment chemicals within the Bad River Reservation
boundaries are not eligible for coverage under the CGP.
A discharge to a surface water within the Bad River Reservation boundaries shall
not cause or contribute to an exceedance of the turbidity criterion included in
the Tribe’s WQS, which states: Turbidity shall not exceed 5 NTU over natural
background turbidity when the background turbidity is 50 NTU or less, or turbidity
shall not increase more than 10% when the background turbidity is more than 50
NTU.
All projects which are eligible for coverage under the CGP within the exterior
boundaries of the Bad River Reservation must comply with the Bad River
Reservation Wetland and Watercourse Protection Ordinance, or Chapter 323 of
the Bad River Tribal Ordinances, including the erosion and sedimentation control,
natural buffer, and stabilization requirements. Questions regarding Chapter 323
and requests for permit applications can be directed to the Wetlands Specialist in
the Tribe’s Natural Resources Department at (715) 682-7123 or
wetlands@badriver-nsn.gov.
An operator of a project, which is eligible for coverage under the CGP, that
would result in an allowable discharge under the CGP occurring within the
exterior boundaries of the Bad River Reservation must notify the Tribe prior to the
commencing earth-disturbing activities. The operator must submit a copy of the
Notice of Intent (NOI) to the following addresses at the same time it is submitted
to the U.S. EPA:
Bad River Tribe’s Natural Resources Department
Attn: Water Regulatory Specialist
P.O. Box 39 Odanah, WI 54861
WaterReg@badriver-nsn.gov
Bad River Tribe’s Natural Resources Department
Attn: Tribal Historic Preservation Officer (THPO)
P.O. Box 39 Odanah, WI 54861
THPO@badriver-nsn.gov
The operator must also submit a copy of the Notice of Termination (NOT) to the
above addresses at the same time it is submitted to the U.S. EPA. Photographs showing the current site conditions must be included as part of the NOT to
document the stabilization requirements have been met.
The THPO must be provided 30 days to comment on the project.
2022 Construction General Permit (CGP)
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The operator must obtain THPO concurrence in writing. This written concurrence
will outline measures to be taken to prevent or mitigate effects to historic
properties. For more information regarding the specifics of the cultural resources
process, see 36 CFR Part 800. A best practice for an operator is to consult with the
THPO during the planning stages of an undertaking.
An operator of a project, which is eligible for coverage under the CGP, that
would result in an allowable discharge under the CGP occurring within the
exterior boundaries of the Bad River Reservation must submit a copy of the
Stormwater Pollution Prevention Plan (SWPPP) to the following address at the
same time as submitting the NOI:
Bad River Tribe’s Natural Resources Department
Attn: Water Regulatory Specialist
P.O. Box 39 Odanah, WI 54861
WaterReg@badriver-nsn.gov
Any corrective action reports that are required under the CGP must be submitted
to the following address within one (1) working day of the report completion:
Bad River Tribe’s Natural Resources Department
P.O. Box 39 Odanah, WI 54861
WaterReg@badriver-nsn.gov
An operator of a project, which is eligible for coverage under the CGP, that
would result in an allowable discharge under the CGP occurring within the
exterior boundaries of the Bad River Reservation must submit a copies of the
inspection reports (including photographs) to the following address within 24
hours of completing any site inspection required:
Bad River Tribe’s Natural Resources Department Attn: Water Regulatory
Specialist
P.O. Box 39 Odanah, WI 54861
WaterReg@badriver-nsn.gov
An operator shall be responsible for meeting any additional permit requirements
imposed by the U.S. EPA necessary to comply with the Tribe’s antidegradation
policies if the discharge point is located upstream of waters designated by the
Tribe.
9.6 EPA REGION 6
9.6.1 NMR100000 State of New Mexico, except Indian country
In Outstanding National Resource Waters (ONRWs) in New Mexico, no degradation is
permitted except in limited, specifically defined instances. Therefore, Operators are
not eligible to obtain authorization under this general permit for stormwater
discharges to waters classified as ONRWs listed in Paragraph D of 20.6.4.9 New
Mexico Administrative Code (NMAC), also referred to as “Tier 3 waters” as defined in
Appendix A of this permit. Exception: When construction activities are in response to
a public emergency (e.g., wildfire, extreme flooding, etc.) and the related work
requires immediate authorization to avoid a threat to public health or safety.
Operators who conduct construction activities in response to a public
emergency to mitigate an immediate threat to public health or safety shall
2022 Construction General Permit (CGP)
Page 69
adhere to the requirements in 20.6.4.8(A)(3)(c) NMAC, including notifying the
New Mexico Environment Department (NMED) within seven days of initiation of
the emergency action and providing NMED with a summary of the action taken
within 30 days of initiation of the emergency action.
For all other scenarios, Operators with proposed discharges to ONRWs in New
Mexico shall obtain coverage from EPA under an NPDES Individual Permit and will
comply with the additional standards and regulations related to discharges to
ONRWs in 20.6.4.8(A) NMAC. Additional information is available from:
New Mexico Environment Department Surface Water Quality Bureau
P.O. Box 5469
Santa Fe, NM 87502‐5469 Telephone: 505‐827‐0187
https://www.env.nm.gov/surface‐water‐quality/wqs/
https://gis.web.env.nm.gov/oem/?map=swqb
If construction dewatering activities are anticipated at a construction site and non‐
stormwater discharges of groundwater, subsurface water, spring water, and/or other
dewatering water are anticipated, the Operators/Permittees must complete the
following steps:
1. Review the state’s Ground Water Quality Bureau Mapper
(https://gis.web.env.nm.gov/GWQB/) and Petroleum Storage Tank Bureau
Mapper (https://gis.web.env.nm.gov/GWQB/).
Check if the following sources are located within the noted distance from the
anticipated construction dewatering activity. At a minimum, a list of the following
potential sources of contaminants and pollutants at the noted distance is to be
kept in the SWPPP.
2022 Construction General Permit (CGP)
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Source of Potential
Contamination or Pollutants*
Constituents likely to be
required for testing*
Within 0.5 mile of an open Leaking
Underground Storage Tank (LUST) site
BTEX (Benzene, Toluene,
Ethylbenzene, and Xylene)
plus additional parameters depending on site conditions**
Within 0.5 mile of an open
Voluntary Remediation site
All applicable parameters
or pollutants listed in
20.6.4.13, 20.6.4.52, 20.6.4.54,
20.6.4.97 thru 20.6.4.99,
20.6.4.101
through 20.6.4.899, and
20.6.4.900 NMAC
(or an alternate list approved by the NMED‐
SWQB)*
Within 0.5 mile of an open RCRA Corrective Action Site
Within 0.5 mile of an open Abatement Site
Within 0.5 mile of an open Brownfield Site
Within 1.0 mile or more of a Superfund
site or National Priorities List (NPL) site with associated groundwater
contamination.
Construction activity contaminants and/or natural water pollutants Additional parameters depending on site activities
and conditions (Contact
NMED‐ SWQB for an
alternate list)*
*For further assistance determining whether dewatering may encounter contaminated sources,
please contact the NMED Ground Water Quality Bureau at 505‐827‐2965 or NMED Surface Water
Quality Bureau (SWQB) at 505‐827‐0187.
** EPA approved sufficiently sensitive methods must be used. For known PCB sources and analysis, EPA Method 1668C must be used (see https://www.epa.gov/cwa‐methods).
2. If dewatering activities are anticipated, information on the flow rate and
potential to encounter contaminated groundwater, subsurface water, spring
water, or dewatering water must be provided directly to NMED at the following
address:
NMED Surface Water Quality Bureau
Program Manager, Point Source Regulation
Section PO Box 5469, Santa Fe, NM 87502
Please call the SWQB to obtain the appropriate email address (505‐827‐0187).
3. In addition, the Operator/Permittee must characterize the quality of the
groundwater and subsurface water, spring water, or dewatering water being
considered for discharge according to the table above and including dissolved
hardness and pH. Considering the contaminant sources listed in the table above,
water quality data may already be available. For further assistance, contact the
2022 Construction General Permit (CGP)
Page 71
NMED Surface Water Quality Bureau (505‐827‐0187), Ground Water Quality
Bureau (505‐827‐ 2965), Petroleum Storage Tank Bureau (505‐476‐4397), or
Hazardous Waste Bureau (505‐476‐ 6000).
i. The Operator/Permittee must submit recent analytical test results (i.e., within
the past 5 years) according to the table above, and including dissolved
hardness and pH, to the EPA Region 6 Stormwater Permit Contact and the
NMED Surface Water Quality Bureau (see contact information in #2 above). If
the test data exceed applicable water quality standards, then the
groundwater, subsurface water, spring water, or dewatering water cannot be
discharged into surface waters under this general permit.
Operators/Permittees may submit an NPDES Individual Permit application to
treat and discharge to waters of the U.S. or find alternative disposal measures.
No discharges to surface waters are allowed until authorized.
ii. If the discharge has the potential to affect groundwater (e.g., land
application), the Operator/Permittee must submit an NOI to the NMED
Ground Water Quality Bureau (see 20.6.2.1201 NMAC – Notice of Intent to
Discharge).
4. The Operator/Permittee must document any findings and all correspondence
with NMED and EPA in the SWPPP.
Operators who intend to obtain authorization under this permit for new and existing
storm water discharges from construction sites must satisfy the following condition:
The SWPPP must include site‐specific interim and permanent stabilization,
managerial, and structural solids, erosion and sediment control best
management practices (BMPs) and/or other controls that are designed to
prevent to the maximum extent practicable an increase in the sediment yield
and flow velocity from pre‐construction, pre‐development conditions to assure
that applicable standards in 20.6.4 NMAC, including the antidegradation policy,
and TMDL waste load allocations (WLAs) are met. This requirement applies to
discharges both during construction and after construction operations have been
completed. The SWPPP must identify and document the rationale for selecting
these BMPs and/or other controls. The SWPPP must also describe design
specifications, construction specifications, maintenance schedules (including a
long‐term maintenance plan), criteria for inspections, and expected performance
and longevity of these BMPs. For sites greater than 5 acres in size, BMP selection
must be made based on the use of appropriate soil loss prediction models (i.e.
SEDCAD, RUSLE, SEDIMOT, MULTISED, etc.) OR equivalent generally accepted (by
professional erosion control specialists) soil loss prediction tools.
For all sites, the Operator(s) must demonstrate, and include documentation in the
SWPPP, that implementation of the site‐specific practices will ensure that the
applicable standards and TMDL WLAs are met, and will result in sediment yields
and flow velocities that, to the maximum extent practicable, will not be greater
than the sediment yield levels and flow velocities from preconstruction, pre‐
development conditions.
All SWPPPs must be prepared in accordance with good engineering practices by
qualified (e.g., CPESC certified, engineers with appropriate training) erosion
control specialists familiar with the use of soil loss prediction models and design of
erosion and sediment control systems based on these models (or equivalent soil
2022 Construction General Permit (CGP)
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loss prediction tools). Qualifications of the preparer (e.g., professional
certifications, description of appropriate training) must be documented in the
SWPPP. The Operator(s) must design, implement, and maintain BMPs in the manner
specified in the SWPPP.
NMED supports the use of EPA’s small residential lot template if a site qualifies to use it
as explained in the permit, as long as it is consistent with the above requirements.
NMED’s requirement does not preclude small residential sites from using the template,
but it may require an additional short paragraph to justify the selection of specific
BMPs for the site.
Operators must notify NMED when discharges of toxic or hazardous substances or oil
from a spill or other release occurs ‐ see Emergency Spill Notification Requirements,
Part 2.3.6 of the permit. For emergencies, Operators can call 505‐827‐9329 at any
time. For non‐emergencies, Operators can call 866‐428‐6535 (voice mail 24‐hours per
day) or 505‐476‐6000 during business hours from 8am‐5pm, Monday through Friday.
Operators can also call the NMED Surface Water Quality Bureau directly at 505‐827‐
0187.
Operators of small construction activities (i.e., 1‐5 acres) are not eligible to qualify for
a waiver in lieu of needing to obtain coverage under this general permit based on
Item C.3 of Appendix C (Equivalent Analysis Waiver) in the State of New Mexico.
9.6.2 NMR10I000 Indian country within the State of New Mexico, except Navajo Reservation
Lands that are covered under Arizona permit AZR10000I and Ute Mountain Reservation
Lands that are covered under Colorado permit COR10000I.
Nambe Pueblo
The operator must provide a copy of the Notice of Intent (NOI) and Notice of
Termination (NOT) to the Nambe Pueblo Governor's Office at the same time it is
provided to the US Environmental Protection Agency. The NOI and NOT should be
provided to the following address:
Office of the Governor Nambe Pueblo
!SA NPI02 WEST
Nambe Pueblo, New Mexico 87506
The operator must provide a copy of the Storm Water Pollution Prevention Plan
(SWPPP) to Nambe Pueblo at the same time it is submitted to the EPA, either by
email to governor@nambepueblo.org or mailed to the above address.
The operator must provide copies of inspection reports, a copy of the corrective
action log, and modifications made to the SWPPP as a result of inspection
findings, upon request by the Nambe Pueblo Department of Environmental and
Natural Resources or Nam be Governor.
Ohkay Owingeh Tribe
All operators obtaining permit coverage under the EPA CGP, must submit a copy
of the certified (signed) Notice of Intent (NOI) to the Ohkay Owingeh Office of
Environmental Affairs, a copy of NOI modifications and the Notice of Termination
(NOT), must be provided within three business days after EPA provides electronic
confirmation that the submission has been received. The NOI and NOT must be
provided to the following address:
2022 Construction General Permit (CGP)
Page 73
Naomi L. Archuleta - Environmental Programs Manager Ohkay Owingeh
Office of Environmental Affairs
P.O. Box 717
Ohkay Owingeh, NM 87566
naomi.archuleta@ohkay.org
Noah Kaniatobe - Environmental Specialist Ohkay Owingeh, Office of
Environmental Affairs
P.O. Box 717
Ohkay Owingeh, NM 87566
noah.kaniatohe@ohkay.org
All operators obtaining permit coverage under the EPA CGP, must submit an
electronic copy of the Storm Water Pollution Prevention Plan (SWPPP) to
Ohkay Owingeh Office of Environmental Affairs at the same time that the NOI
is submitted to the tribe (see contact information listed above).
Following each incident where the operator takes a corrective action the
operator must provide the corrective action log to the Ohkay Owingeh Office
of Environmental Affairs.
The operator must notify Ohkay Owingeh Office of Environmental Affairs within 24
hours, in the event of an emergency spill in addition to the notification
requirements at Part 2.3.6 of the CGP. Please contact: Ohkay Owingeh Tribal
Police Department at 505.852.2757.
Please contact:
Ohkay Owingeh
Tribal Police Department
505.852.2757
Pueblo of Isleta
All operators obtaining permit coverage under the EPA CGP must submit a copy
of the certified Notice of Intent (NOI) to the Pueblo of Isleta at the same time it is
submitted to EPA for projects occurring within the exterior boundaries of the
Pueblo of Isleta. Additionally, a copy of NOI modifications and the Notice of
Termination (NOT), must be provided within three business days after EPA provides
electronic confirmation that the submission has been received. The Notices must
be provided to the following address:
Water Quality Control Officer Pueblo of Isleta
Environment Department PO Box 1270
Isleta NM 87022
505-869-7565
WQCO@isletapueblo.com
The operator must notify the Pueblo of Isleta’s Dispatch at 505-869-3030 as soon
as possible and the Pueblo of Isleta Water Quality Control Officer within 10 hours,
in the event of a spill of hazardous or toxic substances or if health or the
2022 Construction General Permit (CGP)
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environment become endangered in addition to the notification requirements at
Part 2.3.6 and at I.12.6.1 of the CGP.
All operators obtaining permit coverage under the EPA CGP must submit an
electronic copy of the Stormwater Pollution Prevention Plan (SWPPP) to the
Pueblo of Isleta Water Quality Control Officer at the above address, 30 days prior
to submitting the certified NOI to EPA. If the electronic file is too large to send
through e-mail, a zip file or flash drive may be submitted.
All operators obtaining permit coverage under the EPA CGP must give 2 days
advance notice to the Pueblo of Isleta Water Quality Control Officer of any
planned changes in the permitted activity which may result in noncompliance
with permit requirements.
All operators obtaining permit coverage under the EPA CGP must post a sign or
other notice of permit coverage at a safe, publicly accessible location in close
proximity to the construction site. The notice must be located so that it is visible
from the public road or tribal road that is nearest to the active part of the
construction site. The sign must be maintained on-site from the time construction
activities begin until final stabilization is met.
Erosion and sediment controls shall be designed to retain sediment on-site and
project-generated waste materials that have the potential to discharge pollutants
shall not be placed on open soil or on a surface that is not stabilized. Volumes of
sediment over five (5) cubic yards must be removed from the active construction
site; additionally, if sediment is placed for disposal within the exterior boundaries of
the Pueblo of Isleta, disposal must be within a tribally approved sediment disposal
site.
Pueblo of Laguna
All operators obtaining permit coverage under the EPA CGP must submit an
electronic copy of the certified (signed) Notice of Intent (NOI) to the Pueblo of
Laguna's Environmental & Natural Resources Department (ENRD) within three
business days of submittal to the EPA. Additionally, a copy of NOI modifications
and the Notice of Termination (NOT), must be provided within three business days
after the EPA provides electronic confirmation that the submission has been
received. The NOI and NOT must be electronically submitted to
info.environmental@pol-nsn.gov.
All operators obtaining permit coverage under the EPA CGP must submit an
electronic copy of the Stormwater Pollution Prevention Plan (SWPPP) to the
Pueblo of Laguna's ENRD 14 days prior to the submittal of the NOI (see contact
information listed above).
The operator must provide copies of corrective actions logs and modifications
made to the SWPPP as a result of inspection findings to the Pueblo of Laguna
ENRD (see contact information above).
In addition to the notification requirements of Part 2.3.6 of the CPG [EPA interprets
this intending to refer to the CGP], the operator must notify the Pueblo of Laguna
ENRD at 505-552-7512 in the event of an emergency spill as soon as possible.
Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of
Sandia Reservation:
2022 Construction General Permit (CGP)
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All operators obtaining permit coverage under the EPA CGP, must submit a copy
of the certified (signed) Notice of lntent (NOI) to the Pueblo of Sandia
Environment Department concurrently with submittal to the EPA. Additionally, a
copy of NOI modifications and the Notice of Termination (NOT), must be
provided concurrently with submittal to the EPA. The NOI and NOT must be
provided electronically to the following addresses:
Electronic Addresses:
Amy Rosebrough (Water Quality Manager): rosebrough@sanidapueblo.nsn.us
Greg Kaufman (Environment Director):gkaufman@sandiapueblo.nsn.us
All operators obtaining permit coverage under the EPA CGP, must submit an
electronic copy of the Stormwater Pollution Prevention Plan (SWPPP) to the
Pueblo of Sandia Environment. Department at least 14 days prior to submittal of
the NOI to the Pueblo (see contact information listed above).
If requested by the Pueblo of Sandia Environment Department, the permittee
must provide additional information necessary on a case-by-case basis to assure
compliance with the Pueblo of Sandia Water Quality Standards and/or
applicable Federal Standards.
An "Authorization to Proceed Letter" with site specific mitigation requirements
may be sent out to the permittee when a review of the NOI and SWPPP, on a
case-by-case basis, is completed by the Pueblo of Sandia Environment
Department. This approval will allow the application to proceed if all mitigation
requirements are met.
The Pueblo of Sandia will not allow Small Construction Waivers (Appendix C) to
be granted for any small construction activities.
The operator must provide copies of inspection reports, a copy of the corrective
action log, and modifications made to the SWPPP as a result of inspection
findings to the Pueblo of Sandia Environment Department upon request. An
inspection report and corrective action log must be submitted to the Pueblo
within 3 days of any inspection that results in corrective action (see contact
information listed above).
The operator must notify the Pueblo of Sandia within 24 hours in the event of an
emergency spill, in addition to the notification requirements at Part 2.3.6 of the
COP (see contact information listed above).
Before submitting a Notice of Termination (NOT) to the EPA, permittees must
clearly demonstrate to the Pueblo of Sandia Environment Department through a
site visit or documentation that requirements for site stabilization have been met
and any temporary erosion control structures have been removed. A short letter
stating that the NOT is acceptable and all requirements have been met will be
sent to the permittee to add to the permittee's NOT submission to the EPA.
Pueblo of Santa Ana. The following conditions apply only to discharges on the Pueblo
of Santa Ana Reservation:
All operators obtaining permit coverage under the EPA CGP, must submit a copy
of the certified (signed) Notice of Intent (NOI) to the Pueblo's Department of
Natural Resources within three business days of submittal to EPA. Additionally, a
copy of NOI modifications and the Notice of Termination (NOT), must be
2022 Construction General Permit (CGP)
Page 76
provided within three business days after EPA provides electronic confirmation
that the submission has been received. The NOI and NOT must be provided to the
following address:
Regular U.S. Delivery Mail:
Pueblo of Santa Ana
Department of Natural Resources Water Resources Division
Attn: Andrew Sweetman 02 Dove Rd
Santa Ana Pueblo, NM 87004
Electronically:
Andrew Sweetman
Water Resources Division Manager Andrew.Sweetman@santaana-nsn.gov
Tammy Montoya Hydrologist
Tammy.Montoya@santaana-nsn.gov
All operators obtaining permit coverage under the EPA CGP, must submit an
electronic copy of the Stormwater Pollution Prevention Plan (SWPPP) to the to
the Pueblo's Department of Natural Resources at the same time that the NO! is
submitted to the tribe (see contact information listed above).
The operator must provide copies of inspection reports, a copy of the corrective
action log, and modifications made to the SWPPP as a result of inspection
findings, upon request by the Pueblo's Department of Natural Resources.
The operator must notify the Pueblo's Department of Natural Resources within 24
hours in the event of an emergency spill, in addition to the notification
requirements at Part 2.3.6 of the CGP.
Pueblo of Taos
All operators obtaining permit coverage under the EPA CGP, must submit a
copy of the certified (signed) Notice of lntent (NOi) to the Taos Pueblo
Environmental Office and Taos Pueblo Governor's Office within three business
days of submittal to EPA. Additionally, a copy of NOi modifications and the
Notice of Termination (NOT), must be provided within three business days
after EPA provides electronic confirmation that the submission has been
received. The NOi and NOT must be provided to the following addresses:
Honorable Governor of Taos Pueblo PO Box 1846
Taos, New Mexico 87571
Taos Pueblo Environmental Office PO Box 1846
Taos, New Mexico 87571
All operators obtaining permit coverage under the EPA CGP, must submit an
electronic copy of the Stormwater Pollution Prevention Plan (SWPPP) to the
Taos Pueblo Environmental Office when the NOI is submitted to the tribe.
Electronic copy of SWPPP downloaded on flash drive may be sent to the
above address for the Taos Pueblo Environmental Office.
The operator must provide a copy of the corrective action log following each
corrective action undertaken and modifications made to the SWPPP as a result of
2022 Construction General Permit (CGP)
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a corrective action to the Taos Pueblo Environmental Office at address listed
above.
Pueblo of Tesuque.
All operators obtaining permit coverage under the EPA CGP, must submit a copy
of the certified (signed) Notice of Intent (NOI) to the Pueblo of Tesuque
Department of Environment and Natural Resources (DENR) and the Pueblo's
Governor within three business days of submittal to EPA. Additionally, a copy of
any NOi modifications and the Notice of Termination (NOT), must be provided
within three business days after EPA provides electronic confirmation that the
submission has been received. The NOI and NOT must be provided to the
following address:
Governor Mark Mitchell Pueblo of Tesuque
20 TP 828
Santa Fe, NM 87506 governor@pueblooftesuque.org
Sage Mountain.flower Pueblo of Tesuque
Department of Environment and Natural Resources Director
20 TP 828
All operators obtaining permit coverage under the EPA CGP, must submit an
electronic copy of the Stormwater Pollution Prevention Plan (SWPPP) to Pueblo
of Tesuque DENR and the Pueblo's Governor at the same time that the NO! is
submitted to the EPA (see contact information listed above).
The operator must provide a copy of the corrective action log, and any
modifications made to the SWPPP as a result of inspection findings, or upon
request by the Pueblo of Tesuque DENR.
The operator must notify the Pueblo of Tesuque DENR within 24 hours in the
event of an emergency spill, in addition to the notification requirements at
Part 2.3.6 of the CGP (see contact information listed above).
Santa Clara Indian Pueblo.
All operators obtaining permit coverage under the EPA CGP, must submit a copy
of the certified (signed) Notice of Intent (NOI) to the Santa Clara Pueblo Office of
Environmental Affairs at the same time the NOI is submitted to the U.S. EPA.
Additionally, a copy of the NOI modifications and the Notice of Termination
(NOT), must be provided at the same time after electronic confirmation is
received from EPA that the NOT has been accepted. The NOI and NOT shall be
provided to the following address in electronic format:
Dino Chavarria,
Santa Clara Pueblo
Office of Environmental Affairs
dinoc@santaclarapueblo.org
All operators obtaining permit coverage under the EPA CGP, must submit an
electronic copy of the Stormwater Pollution Prevention Plan to the Santa Clara
Pueblo Office of Environmental Affairs at the same time the NOI is submitted to
the U.S. EPA (see contact information listed above).
2022 Construction General Permit (CGP)
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The operator must notify the Santa Clara Pueblo Office of Environmental Affairs at
the address above within 24 hours, in the event of an emergency spill, in addition
to the notification requirements at Part 2.3.6 of the CGP
9.6.3 OKR10I000 Indian country within the State of Oklahoma, except areas of Indian
country covered by an extension of state program authority pursuant to Section 10211 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA).
Pawnee Nation. The following conditions apply only to discharges within Pawnee
Indian country:
Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be
provided to the Pawnee Nation at the same time it is submitted to the
Environmental Protection Agency to the following address:
Pawnee Nation Department of Environmental Conservation and Safety
P.O. Box 470
Pawnee, OK 74058
Or email to dnrs@pawneenation.org
An electronic copy of the Storm Water Pollution Prevention Plan (SWPPP) must be
submitted to the Pawnee Nation Department of Environmental Conservation and
Safety at the same time the NOI is submitted.
The operator must provide access to the site for inspections and for copies of
inspection reports, copy of the corrective action log and modifications, made to
the SWPPP because of inspection findings, upon request by the Pawnee Nation
DECS.
The Pawnee Nation Department of Environmental Conservation and Safety must
be notified at 918.762.3655 immediately upon discovery of any noncompliance
with any provision of the permit conditions.
9.6.4 OKR10F000 Discharges in the State of Oklahoma that are not under the authority of the
Oklahoma Department of Environmental Quality, or the Oklahoma Department of
Agriculture and Forestry including activities associated with oil and gas exploration,
drilling, operations, and pipelines (includes SIC Groups 13 and 46, and SIC codes 492
and 5171), and point source discharges associated with agricultural production,
services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09).
For activities located within the watershed of any Oklahoma Scenic River, including
the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee Creek,
and Lee Creek or any water or watershed designated “ORW” in Oklahoma’s Water
Quality Standards, this permit may only be used to authorize discharges from
temporary construction activities. Certification is denied for any on-going activities
such as sand and gravel mining or any other mineral mining.
For activities located within the watershed of any Oklahoma Scenic River, including
the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee Creek,
and Lee Creek or any water or watershed designated “ORW” in Oklahoma’s Water
Quality Standards, certification is denied for any discharges originating from support
activities, including, but not limited to, concrete or asphalt batch plants, equipment
staging yards, material storage areas, excavated material disposal areas, or borrow
areas.
2022 Construction General Permit (CGP)
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Dewatering discharges into sediment or nutrient-impaired waters, and waters
identified as Tier 2, Tier 2.5, or Tier 3 (OAC 785:46-13) shall be controlled to meet water
quality standards for turbidity in those waters as follows:
Cool Water Aquatic Community/Trout Fisheries: 10 NTUs (OAC 785: 45-5-
12(f)(7)(A)(i)
Lakes: 25 NTUs (OAC 785: 45-5-12(f)(7)(A)(ii)
In waters where background turbidity exceeds these values, turbidity from
dewatering discharges should be restricted to not exceed ambient levels (OAC
785: 45-5-12(f)(7)(B)
9.7 EPA REGION 7
No additional conditions.
9.8 EPA REGION 8
9.8.1 MTR10I000 Indian country within the State of Montana
Blackfeet Nation.
The Applicant and applicants for projects authorized under the NWPs should
obtain all other permits, licenses, and certifications that may be required by
federal, state, or tribal authority. Primary relevant tribal permit will be ALPO
(Ordinance 117). Others may apply. It is the applicant’s responsibility to know the
tribal and local ordinances and complete all necessary permissions before they
can commence work.
If a project is unable to meet the enclosed conditions, or if certification is denied
for an applicable NWP, the Applicant may request an individual certification from
Blackfeet. An individual certification request must follow the requirements
outlined in 40 CFR 121.5 of EPA’s CWA § 401 Certification Rule, effective
September 11, 2020.
Copies of this certification should be kept on the job site and readily available for
reference.
If the project is constructed and/or operated in a manner not consistent with the
applicable NWP, general conditions, or regional conditions, the permittee may
be in violation of this certification.
Blackfeet and EPA representatives may inspect the authorized activity and any
mitigation areas to determine compliance with the terms and conditions of the
NWP.
This NWP Reissuance does not reduce Tribal authority under any other rule.
The project, including any stream relocations and restoration, must be built as
shown and as otherwise described in the application, the construction plans,
cross sections, mitigation plans and other supporting documents submitted to this
office. Impacts to aquatic systems and restoration efforts will be monitored by an
appropriate aquatic resource professional to ensure that disturbed areas are
restored to at least their original condition.
All existing water uses will be fully maintained during and after the completion of
the project. (If applicable)
2022 Construction General Permit (CGP)
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Where practicable, perform all in-channel and wetland work during periods of
low flow or drawn—down or when dry
Equipment staging areas must be located out of all delineated wetlands
Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during and immediately after construction, and all
exposed soil and other fills, as well as any work below the ordinary high-water
mark or in a wetland, must be permanently stabilized as soon as possible
Materials such as piling, culverts, sandbags, fabric, mats, timbers used for
temporary facilities in wetlands or below the high- water mark of Waters of the US
must be free from oil, gas, excess dirt, loose paint and other pollutants.
Equipment staging areas in wetlands or in stream or river channels must be
placed on mats, or other measures must be taken to minimize soil disturbance
and compaction.
Clearing of riparian or wetland vegetation for the sole purpose of constructing
work bridges, detours, staging areas or other temporary facilities must be limited
to the absolute minimum necessary. When temporary impacts to native riparian
or wetland vegetation are unavoidable, it must be mowed or cut above ground
with the topsoil and root mass left intact.
Remove all temporary fills and structures in the entirety when they are no longer
needed. Restore affected areas to the appropriate original and planned
contours where possible. Re-vegetate disturbed areas with appropriate native
species when native species are impacted.
Construction methods and best management practices (BMPs) must minimize
aquatic resource impacts to the maximum extent possible. Any BMPs described in
the Joint Application must be followed. BMPs should include installation and
maintenance of sediment control measures; separation, storage and reuse of
any topsoil; and recovery of all disturbed areas where possible. All best
management practices must in place prior to the onset of construction or as soon
as practicable during the construction process.
Best available technology and/or best management practices must be
utilized to protect existing water uses and maintain turbidity and sedimentation at
the lowest practical level.
Applicant/contractor should manage disturbed streambank topsoil in a
manner that optimizes plant establishment for the site.
When operating equipment or otherwise undertaking construction in wetlands
and water bodies the following conditions apply:
(a) Work should be done in dry conditions if possible.
(b) All equipment is to be inspected for oil, gas, diesel, anti-freeze, hydraulic fluid
or other petroleum leaks. All such leaks will be properly repaired and
equipment cleaned prior to being allowed on the project site. Leaks that
occur after the equipment is moved to the project site will be fixed the same
day or the next day or removed from the project area. The equipment is not
allowed to continue operation once a leak is discovered.
2022 Construction General Permit (CGP)
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(c) All equipment is to be inspected and cleaned before and after use to
minimize the spread or introduction of invasive or undesirable species.
(d) Construction equipment shall not operate below the existing water surface
except as follows:
− Impacts from construction should be minimized through the use of
best management practices submitted in the permit application.
− Essential work below the waterline shall be done in a manner to
minimize impacts to aquatic system and water quality.
(e) Containment booms and/or absorbent material must be available onsite. Any
spills of petroleum products must be reported to the Army Corps, Blackfeet
Nation BEO Office and the US EPA within 24 hours.
Upland, riparian and in-stream vegetation should be protected except where its
removal is necessary for completion of work. Revegetation should be completed
as soon as possible. Applicant/contractor should revegetate disturbed soil in a
manner that optimizes plant establishment for the site. Revegetation must include
topsoil replacement, planting, seeding, fertilization, liming and weed-free
mulching as necessary. Applicant must use native plant material and soils where
appropriate and feasible. This certification does not allow for the introduction of
non-native flora and fauna. All disturbed surface areas must be restored to pre-
construction contours and elevation.
Spoils piles should not be placed or stored within the delineated wetlands or
streams unless protected by a temporary structure designed to divert and handle
high flows that can be anticipated during permit activity. Spoils piles should be
placed on landscaping fabric or some other material to separate spoils material
and allow retrieval of spoils material with minimal impact.
Impacts to wetlands shall not exceed 4.92 acres.
Any unexpected and additional impacts to waters of the US should be
reported to the
Army Corps, Blackfeet Environmental Office Water Quality Coordinator
and the US EPA.
All instream and stream channel reconstruction work must be completed
before the stream is diverted into the new channel.
Any temporary crossings, bridge supports, cofferdams, or other structures
that are necessary during permit activity should be designed to handle high flows
that can be anticipated during permit activity. All temporary structures should be
completely removed from the water body at the conclusion of the permitted
activity and the area restored to a natural function and appearance.
The certification does not authorize any unconfined discharge of liquid
cement into the waters of the United States. Grouting riprap must occur under dry
conditions with no exposure of wet concrete to the water body.
BMPs shall include application of certified weed-free straw or hay across
all disturbed wetland areas that are temporarily impacted; installation and
maintenance of sediment control measures during construction and if necessary,
after construction is completed; use of heavy mud mats if necessary; separation,
2022 Construction General Permit (CGP)
Page 82
storage and reuse of all streambank topsoil and wetland topsoil, as appropriate;
and recovery of all disturbed wetland and streambank areas where possible. All
conditions set by the Blackfeet Tribe and US Army Corps must be followed.
All applicants, including federal agencies, must notify EPA and the
Blackfeet Environmental Office of the use of all NWPs for which certification has
been granted prior to commencing work on the project. Notifications must
include:
(a) project location (lat. Long., exact point on map);
(b) NWP that will be used and the specific activity that will be authorized under
the NWP;
(c) amount of permanent and temporary fills;
(d) a short summary of the proposed activity, and all other federal, state, tribal or
local permits or licenses required for the project;
(e) complete contact information of both the applicant and contractor (name,
name of the company or property if applicable, telephone, mobile, and
email); and,
(f) Summary of best management practices that will be used.
(g) A summary of communications with the affected Tribe's water quality staff
regarding the project, including any concerns or issues.
(h) Notify Blackfeet and EPA at least 7 days before the completion of
construction and operations begin.
Point source discharges may not occur: (1) in fens, bogs or other
peatlands; (2) within 100 feet of the point of discharge of a known natural spring
source; or (3) hanging gardens.
Except as specified in the application, no debris, silt, sand, cement,
concrete, oil or petroleum, organic material, or other construction related
materials or wastes shall be allowed to enter into or be stored where it may enter
into waters of the U.S.
Silt fences, straw wattles, and other techniques shall be employed as
appropriate to protect waters of the U.S. from sedimentation and other
pollutants.
Water used in dust suppression shall not contain contaminants that could
violate water quality standards.
Erosion control matting that is either biodegradable blankets or loose-
weave mesh must be used to the maximum extent practicable.
All equipment used in waters of the U.S. must be inspected for fluid leaks
and invasive species prior to use on a project. All fluid leaks shall be repaired and
cleaned prior to use or when discovered, or if the fluid leak can't be repaired, the
equipment shall not be used on site. Equipment used in waters with the possibility
of aquatic nuisance species infestation must be thoroughly cleaned and
effectively decontaminated before they are used on the project.
2022 Construction General Permit (CGP)
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Vegetation should be protected except where its removal is necessary for
completion of the work. Locations disturbed by construction activities should be
revegetated with appropriate native vegetation in a manner that optimizes plant
establishment for the specific site.
Revegetation may include topsoil replacement, planting, seeding,
fertilization, liming, and weed-free mulching, as necessary. Where practical,
stockpile weed- seed-free topsoil and replace it on disturbed areas. All
revegetation materials, including plants and plant seed shall be on site or
scheduled for delivery prior to or upon completion of the earth moving activities.
Activities may not result in any unconfined discharge of liquid cement into
waters of the U.S. Grouting riprap must occur under dry conditions with no
exposure of wet concrete to the waterbody.
Activities that may result in a point source discharge shall occur during
seasonal low flow or no flow periods to the extent practicable.
The placement of material (discharge) for the construction of new dams is not
certified, except for stream restoration projects.
Any decision-maker that is required under 7.0 of the CGP to prepare a
Stormwater Pollution Prevention Plan (SWPPP), must submit an electronic copy of
the SWPPP to the Blackfeet Environmental Office at least 30 days before
construction starts for review and approval. Any modifications to the SWPPP
should be submitted to the Blackfeet Environmental Office.
Any Decision-maker required under Part 1.4 of the CGP to submit a Notice of
Intent (NOI) to EPA for coverage under the CGP, must submit a copy of the NOI
to the Blackfeet Environmental Office within three business days of submittal to
EPA. Additionally, a copy of the Notice of Termination (NOT) must be provided
within three business days after electronic confirmation is received from EPA that
the NOT has been accepted. The NOI and NOT must be provided to the following
address Gerald Wagner, Blackfeet Environmental Office Director.
62 Hospital Drive, Browning, MT 59417
beo.director@gmail.com
Fort Peck Tribes.
Any Decision-maker required under Part 1.4 of the CGP to submit a Notice of
Intent (NOI) to EPA for coverage under the CGP, must submit a copy of the NOI
to the Fort Peck Tribes Office of Environmental Protection within three business
days of submittal to EPA. Additionally, a copy of the Notice of Termination (NOT)
must be provided within three business days after electronic confirmation is
received from EPA that the NOT has been accepted. The NOI and NOT must be
provided to the following address:
Martina Wilson, Office of Environmental Protection Director
501 Medicine Bear Rd Poplar, MT 59255
martinawilson@fortpecktribes.net
Any Decision-maker that is required under Part 7.0 of the CGP to prepare a
Stormwater Pollution Prevention Plan (SWPPP), must submit an electronic copy of
the SWPPP to the Fort Peck Tribes Office of Environmental Protection at least 30
days before construction starts for review and approval. Any modifications to the
2022 Construction General Permit (CGP)
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SWPPP should be submitted to the Fort Peck Tribes Office of Environmental
Protection.
Any Decision-maker that is required under Part 8.0 of the CGP to submit a weekly,
bi-weekly, and/or annual report to EPA, must submit an electronic copy of the
annual report to the Fort Peck Tribes Office of Environmental Protection within
three business days after submittal to EPA.
9.9 EPA REGION 9
9.9.1 CAR10I000 Indian country within the State of California
Morongo Band of Mission Indians
A copy of the Stormwater Pollution Prevention Plan (SWPPP) must be submitted
(either mailed or electronically) to the MEPD no less than thirty (30) days before
commencing construction activities:
Morongo Band of Mission Indians
Environmental Protection Department
12700 Pumarra Road
Banning, CA 92220
Email: epd@morongo‐nsn.gov
Copies of the Notice of Intent (NOI) and the Notice of Termination (NOT) must be
sent to the MEPD at the same time they are submitted to EPA.
Operators of an “emergency‐related project” must submit notice to the MEPD
within twenty‐ four (24) hours after commencing construction activities.
Spills, leaks, or unpermitted discharges must be reported to the MEPD within
twenty‐four (24) hours of the incident, in addition to the reporting requirements of
the CGP.
Projects utilizing cationic treatment chemicals (as defined in Appendix A of the
CGP) within the Morongo Reservation are not eligible for coverage under this
certification of the CGP.
Facilities covered under the CGP will be subject to compliance inspections by
MEPD staff, including compliance with final site stabilization criteria prior to
submitting an NOI [EPA assumes this intended to refer to an NOT].
9.9.2 GUR100000 Island of Guam
For purposes of this Order, the term "Project Proponent" shall mean U.S. Environmental
Protection Agency, and its agents, assignees, and contractors.
For purposes of this Order, the permit "Operator” shall mean any party associated
with a construction project that meets either of the following two criteria:
The party has operational control over construction plans and specifications,
including the ability to make modifications to those plans and specifications (e.g.
in most cases this is the owner of the site); or
The party has day-to-day operational control of those activities at a project that
are necessary to ensure compliance with the permit conditions (e.g., they are
authorized to direct workers at a site to carry out activities required by the permit;
in most cases this is the general contractor of the project).
2022 Construction General Permit (CGP)
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Subcontractors generally are not considered operators for the purposes of this
permit.
The Project Proponent shall enforce the proposed 2022 CGP and ensure that the
Operator complies with the conditions of the permit at all times.107 (40 CFR
§121.11(c))
107 By incorporating this condition into the permit, EPA acknowledges receipt of Guam’s certification
conditions.
All submittals required by this Order shall be sent to the Guam Environmental
Protection Agency Attn: 401 Federal Permit Manager, Non-Point Source Program,
EMAS Division, 3304 Mariner Avenue, Bldg. 17-3304, Barrigada, Guam 96913, AND via
email to jesse.cruz@epa.guam.gov. The submittals shall be identified with WQC Order
#2021- 04 and include the COP Permit Number, certifying representative's name, title,
mailing address and phone number. (§51060)(4) 2017 GWQS)
A copy of the Operator's signed Stormwater Pollution Prevention Plan (SWPPP) and
signed Notice of Intent (NOI) and Notice of Termination (NOT) submitted to EPA for
review and approval, shall concurrently be submitted to Guam EPA, consistent with
condition A4. Coordination with Guam EPA is encouraged when the receiving
water(s) for the proposed discharge is/are being identified. (§10105.B.5.d.) GSESCR;
(§51060)(4) 2017 GWQS)
The Operator must comply with the conditions and requirements set forth in 22 GAR
10, Guam Soil Erosion and Sediment Control Regulations (GSESCR).
Before submitting the NOT to EPA, Operators shall comply with GSESC regulations at
§10105.B10. (Stabilization of Affected Areas) and §10107.B. {Final Inspection and
Approval)
All operators/owners shall comply with the general design criteria for best
management practices (BMPs) acceptable for meeting the Construction and Post-
construction stormwater criteria in the 2006 CNMI and Guam Stormwater
Management Manual. (E.O. 2012-02)
Operating reports and monitoring and analytical data (e.g. Discharge Monitoring
Reports (DMRs), follow-up monitoring reports, Exceedance Reports for Numerical
Effluent Limits, etc.) submitted to EPA shall be concurrently submitted to Guam EPA,
consistent with condition A4. §51060)(4) 2017 GWQS
The Operators who install a sediment basin or similar impoundment shall maintain the
storage capacity of five thousand cubic feet {5,000 cu. ft.) per acre of project area
tributary to the basin. (§10105.B.5.i.) GSESCR
(1) This Order does not authorize EPA to qualify Rainfall Erosivity Waivers to stormwater
discharges associated with small construction activities (i.e. 1-5 acres). Operators are
required to apply for an NOI for those projects eligible for coverage under the
proposed 2022 CGP. An Erosion and Sediment Control Plan is required for every site
that would be covered by the proposed 2022 CGP. (22 GAR §10104) The average
annual rainfall for Guam and the CNMI exceeds I00 inches per year in many
locations. These climatic conditions combined with the region's unique limestone,
volcanic geologic formations, sensitive water resources and significant land
2022 Construction General Permit (CGP)
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development forces make stormwater discharges a very significant environmental
and economic issue. (2006 CNMJ/Guam Stormwater Management Manual) E.O.
2012-02
(2) This Order does not authorize EPA to approve a Sediment TMDL Waiver for the
Ugum River. Operators of construction activities eligible for a TMDL Waiver in lieu of
coverage under the proposed 2022 CGP, shall submit a complete and accurate
waiver certification as described in C.2., Appendix C - (Small Construction Waivers) to
Guam EPA per condition A4., prior to notifying EPA of its intention to obtain a waiver.
§51060)(4) 2017 GWQS
The Project Proponent shall submit to Guam EPA a signed Statement of
Understanding of Water Quality Certification Conditions.108 (see Attachment A for an
example) per condition A4. §51060)(4) 2017 GWQS
108 By incorporating this condition into the permit, EPA acknowledges receipt of Guam’s certification
conditions.
The Operator shall comply with applicable provisions of the Guam Pesticides Act
of2007 (10 GCA Chapter 50) and implementing regulations at Title 22 GAR Chapter
15 for any use and application of pesticides.
Point source discharge(s) to waterbodies under the jurisdiction of Guam EPA must be
consistent with the antidegradation policy in 22 GAR §510l(b).
The operator shall carry out construction activities in such a manner that will not
violate Guam Water Quality Standards (GWQS). Proposed 2022 CGP discharges are
prohibited as follows:
In Marine Waters, Category M-1 Excellent 22 GAR Chapter 5 §5102(b)(l); and
In Surface Waters, Category S-1 High 22 GAR Chapter 5 §5102(c)(l)
In addition to complying with construction dewatering requirements in Part 2.4 and
site inspection requirements for all areas where construction dewatering is taking
place in Part 4 of the proposed 2022 CGP, Operators shall comply with all dewatering
conditions and requirements set forth in 22 GAR 7, Water Resources Development
and Operating Regulations, to include securing Guam EPA permits prior to any
dewatering activities.
The Operator shall develop and implement a Spill Prevention and Containment Plan.
The Operator shall have adequate and appropriate spill response materials on hand
to respond to emergency release of oil, petroleum or any other material into waters
of the territory.
Any unpermitted discharge into territorial waters or onto land with a potential for
entry into territorial waters, is prohibited. If this occurs, the Operator shall immediately
take the following actions:
Cease operations at the location of the violation or spill.
Assess the cause of the water quality problem and take appropriate measures to
correct the problem and/or prevent further environmental damage.
Notify Guam EPA of the failure to comply. All petroleum spills shall be reported
immediately to:
2022 Construction General Permit (CGP)
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(a) Guam's Emergency 911 system
(b) Guam EPA's 24-Hour Spill Response Team at (671) 888-6488 or during working
hours (671) 300-4751
(c) US Coast Guard Sector Guam (671) 355-4824
(d) National Response Center 1-800-424-8802
Submit a detailed written report to Guam EPA within five days of noncompliance
that describes the nature of the event corrective action taken and/or planned,
steps to be taken to prevent a recurrence, results of any samples taken, and any
other pertinent information.
Compliance with this condition does not relieve the Operator from responsibility to
maintain continuous compliance with the terms and conditions of this Order or the
resulting liability from failure to comply.
Submittal or reporting of any of this information does not provide relief from any
subsequent enforcement actions for unpermitted discharges to waters of the United
States.
This Order is valid for five (5) Years from Date of Certification, unless otherwise
approved by the Guam EPA Administrator.
The Operator shall be required to adhere to the current Guam Coral Spawning
Moratorium dates for both hard and soft corals where in-water activities and/or
construction activity in close proximity with marine waters may impair water quality.
These dates can be obtained from the Guam Department of Agriculture, Division of
Aquatic and Wildlife Resources, or the NOAA NMFS Pacific Islands Regional Office
Habitat Conservation Division.
The Operator shall provide notice to Guam EPA consistent with Condition A4:
(a) Immediately upon discovery of noncompliance with the provisions of this
Order.
A Notice of Violation/Work Stop Order will be issued if certification conditions are not
adhered to or when significant or sustained water quality degradation occurs. Work
or discharge shall be suspended or halted until the Operator addresses
environmental problems/concerns to Guam EPA's satisfaction. Guam EPA may also
levy penalties and fines (10 GCA §47111). Invalidity or enforceability of one or more
provisions of this certification shall not affect any other provision of this certification.
9.10 EPA REGION 10
9.10.1 IDR10I000 Indian country within the State of Idaho, except Duck Valley Reservation lands
(see Region 9)
Shoshone-Bannock Tribes
Copies of the following information must be sent to the SBT-WRD:
(a) Notice of Intents (NOI)
The Notice of Intent shall be forwarded to the SBT-WRD within thirty (30) days
of receipt of submitting NOI to the USEPA.
2022 Construction General Permit (CGP)
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Shoshone-Bannock Tribes Water Resources Department
PO Box 306 Pima Drive
Fort Hall, ID 83203 Phone: (208) 239-4582
Fax: (208) 239-4592
Or Email ctanaka@sbtribes.com
If requested by the SBT-WRD, the permittee must submit a copy of the SWPPP to SBT-
WRD within fourteen (14) days of the request.
9.10.2 ORR10I000 Indian country within the State of Oregon, except Fort McDermitt
Reservation lands (see Region 9)
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw
No activities allowed under the CGP shall result in the degradation of any Tribal
waters or affect resident aquatic communities or resident or migratory wildlife
species at any life stage.
The operator shall be responsible for achieving compliance with CTCLUSI Water
Quality Standards and all other tribal codes, regulations, and laws as they exist at
the time that the permit is submitted.
The operator shall submit a copy of the Notice of lntent (NOI) to be covered by
the general permit to the CTCLUSI Water Quality Program before, or at the same
time as, it is submitted to EPA.
The operator shall be responsible for submitting all Stormwater Pollution
Prevention Plans (SWPPP) required under this general permit to the CTCLUSI Water
Quality Program for review and determination that the SWPPP is sufficient to meet
Tribal Water Quality Standards, prior to the beginning of any discharge activities
taking place.
The operator shall be responsible for reporting an exceedance to Tribal Water
Quality Standards to the CTCLUSI Water Quality Program at the same time it is
reported to EPA.
The THPO will be provided 30 days to comment on the APE as defined in the
permit application.
If the project is an undertaking, a cultural resource assessment must occur. All
fieldwork must be permitted by the THPO (as appropriate), conducted by
qualified personnel (as outlined by the Secretary of Interior's Standards and
Guidelines; http://www.nps.gov/history/local-law/arch_stnds_O.htm) and
documented according to Oregon Reporting Standards
(Reporting_Guidelines.pdf) (oregon.gov). The resulting report must be submitted
to the THPO and the THPO must concur with the finding of effect and
recommendations before any ground disturbing work can occur. The THPO
requires 30 days to review all reports.
The operator must obtain THPO concurrence in writing. If historic properties are
present, this written concurrence will outline measures to be taken to prevent or
mitigate adverse effects to historic properties.
Confederated Tribes of the Umatilla Indian Reservation
The operator shall be responsible for achieving compliance with the
2022 Construction General Permit (CGP)
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Confederated Tribes of the Umatilla Indian Reservation’s (CTUIR) Water Quality
Standards.
The operator shall submit a copy of the Notice of Intent (NOI) to be covered by
the general permit to the CTUIR Water Resources Program at the address below,
at the same time it is submitted to EPA.
The operator shall be responsible for submitting all Stormwater Pollution
Prevention Plans (SWPPP) required under this general permit to the CTUIR Water
Resources Program for review and determination that the SWPPP is sufficient to
meet Tribal Water Quality Standards, prior to the beginning of any discharge
activities taking place.
The operator shall be responsible for reporting an exceedance to Tribal Water
Quality Standards to the CTUIR Water Resources Program at the same time it is
reported to EPA.
Confederated Tribes of the Umatilla Indian Reservation Water Resources Program
46411 Timíne Way
Pendleton, OR 97801
(541) 429-7200
The THPO will be provided 30 days to comment on the APE as defined in the
permit application.
If the project is an undertaking, a cultural resource assessment must occur. All
fieldwork must be permitted by the Tribal Historic Preservation Office (as
appropriate), conducted by qualified personnel (as outlined by the Secretary of
Interior’s Standards and Guidelines; http://www.nps.gov/history/local-
law/arch_stnds_0.htm) and documented according to Oregon Reporting
Standards (Reporting_Guidelines.pdf (oregon.gov). The resulting report must be
submitted to the THPO and the THPO must concur with the finding of effect and
recommendations before any ground disturbing work can occur. The THPO
requires 30 days to review all reports.
The operator must obtain THPO concurrence in writing. If historic properties are
present, this written concurrence will outline measures to be taken to prevent or
mitigate adverse effects to historic properties.
9.10.3 WAR10F000 Areas in the State of Washington, except those located on Indian country,
subject to construction activity by a Federal Operator
For purposes of this Order, the term “Project Proponent” shall mean those that are
seeking coverage under this permit, and its agents, assignees and contractors.
The Federal Agency shall mean the US Environmental Protection Agency. The Federal
Agency shall enforce the permit and ensure that the Project Proponent complies with
the conditions of the permits at all times.
Failure of any person or entity to comply with this Certification may result in the
issuance of civil penalties or other actions, whether administrative or judicial, to
enforce the terms of this Certification.
The Certification conditions within this Order must be incorporated into EPA’s final
NPDES permit. Per 40 CFR 121.10(a), all certification conditions herein that satisfy the
2022 Construction General Permit (CGP)
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requirements of 40 CFR 121.7(d) must be incorporated into the permit. Per 40 CFR
121.10(b), the permit must clearly identify all certification conditions.
This Certification does not authorize exceedances of water quality standards
established in chapter 173-201A WAC.
Discharges from construction activity must not cause or contribute to violations of the
Water Quality Standards for Surface Water of the State of Washington (chapter 173-
201A WAC), Ground Water Quality Standards (chapter 173- 200 WAC), Sediment
Management Standards (chapter 173-204 WAC), and standards in the EPA’s Revision
of certain Federal water quality criteria applicable to Washington (40 CFR 131.45).
Discharges that do not comply with these standards are prohibited.
Prior to discharge of stormwater and non-stormwater to waters of the State, the
Permittee must apply all known, available, and reasonable methods of prevention,
control, and treatment (AKART). This includes the preparation and implementation of
an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate Best
Management Practices (BMPs) installed and maintained in accordance with the
SWPPP and the terms and conditions of the permit.
BMPs must be consistent with:
(a) The Stormwater Management Manual for Western Washington (most current
approved edition at the time this permit was issued), for sites west of the crest
of the Cascade Mountains; or
(b) The Stormwater Management Manual for Eastern Washington (most current
approved edition at the time this permit was issued), for sites east of the crest
of the Cascade Mountains; or
(c) Revisions to either manual, or other stormwater management guidance
documents or manuals which provide equivalent level of pollution prevention,
that are approved by Ecology and incorporated into this permit in
accordance with the permit modification requirements of WAC 173-226-230.
(For purposes of this section, the stormwater manuals listed in Appendix 10 of
the Phase I Municipal Stormwater Permit are approved by Ecology); or
(d) Documentation in the SWPPP that the BMPs selected provided an equivalent
level of pollution prevention, compared to the applicable stormwater
management manuals, including:
− The technical basis for the selection of all stormwater BMPs
(scientific, technical studies, and/or modeling) that support the
performance claims for the BMPs being selected.
− An assessment of how the selected BMP will satisfy AKART
requirements and the applicable federal technology-based
treatment requirements under 40 CFR part 125.3.
The Stormwater Management Manuals for Eastern and Western Washington
can be found at: https://ecology.wa.gov/Regulations-Permits/Guidance-
technical-assistance/Stormwater-permittee-guidance-resources/Stormwater-
manuals.
An adequate SWPPP must include a narrative and drawings. All BMPs must be
clearly referenced in the narrative and marked on the drawings. The SWPPP
2022 Construction General Permit (CGP)
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narrative must include documentation to explain and justify the pollution
prevention decisions made for the project. Documentation must include:
(a) Information about existing site conditions (topography, drainage, soils,
vegetation, etc.).
(b) Potential erosion problem areas.
(c) The 13 elements of a SWPPP, including BMPs used to address each element.
Unless site conditions render the element unnecessary and the exemption is
clearly justified in the SWPPP, the 13 elements are as follows:
− Preserve Vegetation/Mark Clearing Limits
− Establish Construction Access
− Control Flow Rates
− Install Sediment Controls
− Stabilize Soils
− Protect Slopes
− Protect Drain Inlets
− Stabilize Channels and Outlets
− Control Pollutants
− Control Dewatering
− Maintain BMPs
− Manage the Project
− Protect Low Impact Development (LID) BMPs
Discharges of stormwater and authorized non-stormwater must be monitored for
turbidity (or transparency) and, in the event of significant concrete work or
engineered soils, pH must also be monitored. As applicable based on project
specifics, monitoring, benchmarks, and reporting requirements contained in
Condition S.4. (pp.10-16) of the Washington State Construction Stormwater General
Permit, effective January 1, 2021, shall apply.
Discharges to segments of waterbodies listed as impaired by the State of Washington
under Section 303(d) of the Clean Water Act for turbidity, fine sediment, phosphorus,
or pH must comply with the following numeric effluent limits:
Parameter identified in 303(d) listing
Parameter Sampled Unit Analytical Method Numeric Effluent Limit
• Turbidity
• Fine
Sediment
• Phosphorus
Turbidity NTU SM2130 25 NTUs at the point where the stormwater is
discharged from the site.
High pH pH su pH meter In the range of 6.5 – 8.5
All references and requirements associated with Section 303(d) of the Clean Water
Act mean the most current EPA-approved listing of impaired waters that exists on the
2022 Construction General Permit (CGP)
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effective date of the permit, or the date when the operator’s complete permit
application is received by EPA, whichever is later.
The EPA approved WQ Assessment can be found at: https://ecology.wa.gov/Water-
Shorelines/Water-quality/Water-improvement/Assessment-of-state-waters-303d
Discharges to a waterbody that is subject to a Total Maximum Daily Load (TMDL) for
turbidity, fine sediment, high pH, or phosphorus must be consistent with the TMDL.
Where an applicable TMDL sets specific waste load allocations or requirements
for discharges covered by this permit, discharges shall be consistent with any
specific waste load allocations or requirements established by the applicable
TMDL.
Where an applicable TMDL has established a general waste load allocation for
construction stormwater discharges, but no specific requirements have been
identified, compliance with this permit will be assumed to be consistent with the
approved TMDL.
Where an applicable TMDL has not specified a waste load allocation for
construction stormwater discharges, but has not excluded these discharges,
compliance with this permit will be assumed to be consistent with the approved
TMDL.
Where an applicable TMDL specifically precludes or prohibits discharges from
construction activity, the operator is not eligible for coverage under this permit.
Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus
which has been completed and approved by EPA as of the effective date of the
permit, or prior to the date of the operator’s complete application for permit
coverage is received by EPA, whichever is later.
Discharges to waters of the state from the following activities are prohibited:
Concrete wastewater.
Wastewater from washout and clean-up of stucco, paint, form release oils, curing
compounds and other construction materials.
Process wastewater as defined by 40 Code of Federal Regulations (CFR) 122.2.
Slurry materials and waste from shaft drilling, including process wastewater from
shaft drilling for construction of building, road, and bridge foundations unless
managed to prevent discharge to surface water.
Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance.
Soaps or solvents used in vehicle and equipment washing.
Wheel wash wastewater, unless managed to prevent discharge to surface water.
Discharges from dewatering activities, including discharges from dewatering of
trenches and excavations, unless managed according to appropriate controls
described within the permit.
This Certification is valid until the expiration date including any administrative
extension or termination date of the NPDES 2022 Construction General Permit. (40
CFR § 122.46)
2022 Construction General Permit (CGP)
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The Federal Agency shall enforce and the Project Proponent must comply with all the
reporting and notification conditions of the NPDES 2022 Construction General Permit
in order to comply with this Order and the certification conditions herein (40 CFR §
121.11).
You have a right to appeal this Order to the Pollution Control Hearing Board (PCHB)
within 30 days of the date of receipt of this Order. The appeal process is governed by
chapter 43.21B RCW and chapter 371-08 WAC. “Date of receipt” is defined in RCW
43.21B.001(2).
To appeal you must do all of the following within 30 days of the date of receipt of this
Order:
• File your appeal and a copy of this Order with the PCHB (see addresses
below). Filing means actual receipt by the PCHB during regular business
hours.
• Serve a copy of your appeal and this Order on Ecology in paper form - by
mail or in person (see addresses below). E-mail is not accepted.
You must also comply with other applicable requirements in chapter 43.21B RCW
and chapter 371-08 WAC.
ADDRESS AND LOCATION INFORMATION
Street Addresses Mailing Addresses Department of Ecology
Attn: Appeals
Processing Desk
300 Desmond Drive SE
Lacey, WA 98503
Department of Ecology
Attn: Appeals Processing
Desk
PO Box 47608 Olympia, WA 98504-7608
Pollution Control Hearings Board
1111 Israel RD SW
STE 301
Tumwater, WA
98501
Pollution Control Hearings Board
PO Box 40903
Olympia, WA 98504-0903
CONTACT INFORMATION
Please direct all questions about this Order to:
Noel Tamboer Department of Ecology
P.O. Box 47600
Olympia, WA 98503-7600
(360) 701-6171 noel.tamboer@ecy.wa.gov
9.10.4 WAR10I000 Indian country within the State of Washington
Lummi Nation
2022 Construction General Permit (CGP)
Page 94
This certification does not exempt and is provisional upon compliance with
other applicable statutes and codes administered by federal and Lummi
tribal agencies. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the
operator must also obtain a land use permit from the Lummi Planning
Department as provided in Title 15 of the Lummi Code of Laws and regulations
adopted thereunder.
Pursuant to LCL 17.05.020(a), each operator shall develop and submit a Storm
Water Pollution Prevention Plan to the Lummi Water Resources Division for
review and approval by the Water Resources Manager prior to beginning any
discharge activities.
Pursuant to LCL Title 17, each operator shall be responsible for achieving
compliance with the Water Quality Standards for Surface Waters of the Lummi
Indian Reservation (Lummi Administrative Regulations [LAR] 17 LAR 07.010 through
17 LAR 07.210 together with supplements and amendments thereto).
Each operator shall submit a signed copy of the Notice of lntent (NOI) to the
Lummi Water Resources Division at the same time it is submitted electronically to
the Environmental Protection Agency (EPA) and shall provide the Lummi Water
Resources Division the acknowledgement of receipt of the NOI from the EPA and
the associated NPDES tracking number provided by the EPA within 7 calendar
days of receipt from the EPA.
Each operator shall submit a signed copy of the Notice of Termination (NOT) to
the Lummi Water Resources Division at the same time it is submitted electronically
to the EPA and shall provide the Lummi Water Resources Division the EPA
acknowledgement of receipt of the NOT.
Storm Water Pollution Prevention Plans, Notice of Intent, Notice of Termination
and associated correspondence with the EPA shall be submitted to:
Lummi Natural Resources Department
ATTN: Water Resources Manager 2665 Kwina Road
Bellingham, WA 98226-9298
Port Gamble S’Klallam Tribe
No discharge from the project site shall cause exceedances of Port Gamble
S’Klallam Surface Water Quality Standards narrative or numeric criteria in Tribal
waters. This includes activities outside of Tribal lands that occur upstream of Tribal
waters.
(a) If any exceedance of these water quality standards occurred, the Natural
Resources Department shall be notified immediately.
• The Department shall additionally be provided a complete draft of the
proposed corrective action within a reasonable timeframe and its
approval will be required before any corrective action may be taken.
Operators performing activities under the CGP that may affect Tribal waters will
require a permit and shall submit their plans to the Port Gamble S’Klallam Natural
Resources Department for review.
• The Department has the right to require conditions outside of this Water
Quality Certification prior to permit approval.
2022 Construction General Permit (CGP)
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No activities allowed under the CGP shall result in the degradation of any Tribal
waters or change in designated uses.
No activities allowed under the CGP shall affect resident aquatic communities or
resident/migratory wildlife species at any life stage.
• Biological assessment methods used to determine the effect of an activity
allowed under the CGP shall be approved by the PGST Natural Resources
Department.
No activities allowed under the CGP shall be conducted within wetland and
stream buffer zones, nor shall said activities affect in any way wetland or stream
buffers, as defined by PGST Law and Order Code 24.08.01(c).
Concentrations for substances listed within the table in Water Quality Standards
for Surface Waters sec. 7(7) shall not be exceeded by activities allowed under the
CGP.
Spokane Tribe of Indians
Pursuant to Tribal Law and Order Code (TLOC) Chapter 30 each operator shall be
responsible for achieving compliance with the Surface Water Quality Standards
of the Spokane Tribe. The operator shall notify the Spokane Tribe, Water Control
Board (WCB) of any spills of hazardous material and;
Each operator shall submit a signed hard copy of the Notice of lntent (NOI) to the
WCB at the same time it is submitted to EPA.
The permittee shall allow the Tribal Water Control Board or its designee to inspect
and sample at the construction site as needed.
Each operator shall submit a signed copy of the Notice of Termination (NOT) to
the WCB at the same time it is submitted to EPA
The correspondence address for the Spokane Tribe Water Control Board is:
Water Control Board c/o Brian Crossley PO Box480
Wellpinit WA 99040
(509)626-4409
crossley@spokanetribe.com
Swinomish Tribe
Owners and operators seeking coverage under this permit must submit a copy of
the Notice of Intent (NOI) to the DEP at the same time the NOI is submitted to
EPA.
Owners and operators must also submit to the DEP changes in NOI and/or Notices
of Termination at the same time they are submitted to EPA.
Owners and operators seeking coverage under this permit must also submit a
Stormwater Pollution Prevention Plan to the DEP for review and approval by DEP
prior to beginning any discharge activities.
Tulalip Tribes
Submission of NOI: Copies of the Notice of Intent (NOI),) Certification shall be
submitted to the Tribe's Natural Resources Department to notify the Tribes of the
2022 Construction General Permit (CGP)
Page 96
pending project and in order for the Tribes to review the projects potential
impacts to endangered or threatened species.
Submission of SWPPP: A copy of the Stormwater Pollution Plans (SWPPPs) shall be
submitted to the Tribe's Natural Resources Department along with the NOI during
the 30 day waiting period.
Submission of Monitoring Data and Reports: The results of any monitoring required
by this permit and reports must be sent to the Tribe's Natural Resources
Depa1tment,
The Tulalip Tribes are federally recognized successors in the interest to the
Snohomish, Snoqualmie, Skykomish, and other allied tribes and bands signatory to
the Treaty of Point Elliott.
including a description of the corrective actions required and undertaken to
meet effluent limits or benchmarks (as applicable).
Authorization to Inspect: The Tribe's Natural Resources Department may conduct
an inspection of any facility covered by this permit to ensure compliance with
tribal water quality standards. The Department may enforce its certification
conditions.
Submission of Inspection Reports: Inspection reports must be sent to the Tribe's
Natural Resources Department, including a description of the corrective actions
required and undertaken to meet effluent limits or benchmarks (as applicable).
Permits on-site: A copy of the pe1mit shall be kept on the job site and readily
available for reference by the construction supervisor, construction managers
and foreman, and Tribal inspectors.
Project Management: The applicant shall ensure that project managers,
construction managers and foreman, and other responsible parties have read
and understand conditions of the permit, this certification, and other relevant
documents, to avoid violations or noncompliance with this certification.
Emergency Spill Notification Requirements: In the event of a spill or the contractor
shall immediately take action to stop the violation and correct the problem, and
immediately repo1t spill to the Tulalip Tribes Police Department (425) 508-1565.
Compliance with this condition does not relieve the applicant from responsibility
to maintain continuous compliance with the tem1S and conditions of this
certification or the resulting liability from failure to comply.
Discharges to CERCLA Sites: This permit does not autho1ize direct stormwater
discharges to certain sites undergoing remedial cleanup actions pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) unless first approved by the appropriate EPA Regional office. In the
case of the Tulalip Landfill site (WAD980639256), the Tulalip Tribes also requests
notification by the facility and consultation with EPA prior to discharge.
Contaminants at this site may include but are not limited to: dioxins, furans,
arsenic, copper, lead, zinc, 4- methyl-phenol, Hex-CB, HPAHs, PCBs, PCE,
cadmium, mercury, and LPAHs.
Discharge-related Activities that have Potential to Cause an Adverse Effect on
Historic Properties: Installation of stormwater controls that involve subsurface
disturbances may potentially have an adverse impact on historic properties.
2022 Construction General Permit (CGP)
Page 97
Procedures detailed in the permit shall be completed. Richard Young, of the
Tulalip Tribe's Cultural Resources Department shall be contacted prior to initiating
discharge- related activities that may have an impact on historic properties. His
contact information is (360) 716-2652, ryoung@tulaliptribes-nsn.gov.
Invalidation: This certification will cease to be valid if the project is constructed
and/or operated in a manner not consistent with the project description
contained in
the permit. This certification will also cease to be valid and the applicant must
reapply with an updated application if info1mation contained in the permit is
voided by subsequent submittals.
Modification: Nothing in this certification waives the Tulalip Tribes of Washington's
authority to issue modifications to this ce1iification if additional impacts due to
operational changes are identified, or if additional conditions are necessary to
protect water quality or further protect the Tribal Communities interest.
incorporation by reference: TI1is certification does not exempt the
applicant from compliance with other statues and codes administered by the
Tribes, county, state and federal agencies.
Compliance with Tribe's I996 Water Quality Standards: Each permittee
shall be responsible for controlling discharges and achieving compliance with the
T1ibe's Water Quality Standards.
Compliant with Tulalip Tribes Tidelands Management Policy: Permittee shall be
responsible for achieving compliance with applicable sections of the Tulalip
Tribe's Tidelands Management Policy. (Tulalip Tribal Code Title 8 Chapter 8.30).
Compliant with Tulalip Tribes Environmental Infractions: Permittee shall be
responsible for achieving compliance with applicable sections of the Tulalip
Tribe's Environmental Infractions. (Tulalip Tribal Code Title 8 Chapter 8.20).
Where to Submit information and for further Coordination: All requested
documents should be sent to the: Tulalip Tribes Natural Resources Environmental
Department c/o Kurt Nelson and Valerie Streeter, 6704 Marine Drive, Tulalip,
Washington 98271. For further 40 I Certification coordination with the Tulalip Tribes
Natural Resources Department, please contact Mr. Kurt Nelson (360) 716-4617
knelson@tu1aliptribes- nsn.gov. 6406 Marine Dr., Tulalip WA 98271.
Makah Tribe
The permittee shall be responsible for meeting any additional permit requirements
imposed by EPA necessary to comply with the Makah Tribe’s Water Quality
Standards if the discharge point is located within the Makah’s U&A treaty
reserved areas.
Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered
by the general permit to Makah Fisheries Management, Water Quality
Department at the address listed below at the same time it is submitted to the
EPA.
Makah Water Quality
Makah Fisheries Management (MFM)
ray.colby@makah.com
2022 Construction General Permit (CGP)
Page 98
PO Box 115
Neah bay, WA 98357
All supporting documentation and certifications in the NOI related to coverage
under the general permit for Endangered Species Act purposes shall be
submitted to the Tribe’s Habitat programs for their review.
If EPA requires coverage under an individual or alternative permit, the permittee
shall submit a copy of the permit to Assistant Fisheries Director,
ray.colby@makah.com.
The permittee shall submit all Stormwater Pollution Prevention plan (SWPP) to MFM
for review and approval prior to beginning any activities resulting in a discharge
to Makah tribal waters.
The permittee shall notify Ray Colby, ray.colby@makah.com (360) 645-3150 prior
to conducting inspections at construction sites generating stormwater discharges
to tribal waters.
The operator shall treat dewatering discharges with controls necessary to
minimize discharges of pollutants to surface waters, or ground waters, and from
stormwater runoff onsite from excavations, trenches, foundations, or storage
areas. To the extent feasible, at all points where dewatering is discharged,
comply with the velocity dissipation using check dams, sediment traps, and
grouted outlets.
Puyallup Tribe of Indians
The permittee shall be responsible for meeting any additional permit requirements
imposed by EPA necessary to comply with the Puyallup Tribe’s antidegradation
procedures.
Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered
by the general permit to Char Naylor, Tribal Water Quality Manager at the
following e-mail address: (char.naylor@puyalluptribe-nsn.gov) at the same time it
is submitted to EPA.
All supporting documentation and certifications in the NOI related to coverage
under the general permit for Endangered Species Act purposes shall be
submitted to Char Naylor, Tribal Water Quality Manager/Assistant Fisheries
Director (char.naylor@puyalluptribe-nsn.gov) for review.
If EPA requires coverage under an individual or alternative permit, the permittee
shall submit a copy of the permit to Char Naylor at the email address listed
above.
The permittee shall submit all stormwater pollution prevention plans to Char
Naylor for review and approval prior to beginning any activities resulting in a
discharge to Puyallup tribal waters.
The permittee shall contact Brandon Reynon (Brandon.reynon@puyalluptribe-nsn-
gov), Tribe’s Historic Preservation Officer or Jennifer Keating
(Jennifer.keating@puyalluptribe-nsn.gov), Tribe’s Assistant Historic Preservation
Officer regarding historic properties and cultural resources.
To minimize the discharge of pollutants to groundwater or surface waters from
stormwater that is removed from excavations, trenches, foundations, vaults, or
2022 Construction General Permit (CGP)
Page 99
other storage areas, treat dewatering discharges with controls necessary to
minimize discharges of pollutants. Examples of appropriate controls include
sediment basins or sediment traps, sediment socks, dewatering tanks, tube
settlers, weir tanks, and filtration systems (e.g., bag or sand filters) that are
designed to remove sediment.
To the extent feasible, utilize vegetated, upland areas of the site to infiltrate dewatering water before discharge. At all points where dewatering water is
discharged, utilize velocity dissipation controls. Examples of velocity dissipation
devices include check dams, sediment traps, riprap, and grouted riprap at outlets.
The permittee shall provide and maintain natural buffers to the maximum extent
possible (and/or equivalent erosion and sediment controls) when tribal waters are
located within 100 feet of the boundaries. If infeasible to provide and maintain an
undisturbed 100 foot natural buffer, erosion and sediment controls to achieve the
sediment load reduction equivalent to a 100-foot undisturbed natural buffer shall
be required.
Appendix C – Copy of NOI and EPA Authorization Email
Appendix D – Copy of Inspection Form
Page 1 of 5 General Information (see reverse for instructions) Name of Project CGP Tracking No. Inspection Date Inspector Name, Title & Contact Information Present Phase of Construction Inspection Location (if multiple inspections are required, specify location where this inspection is being conducted) Inspection Frequency (Note: you may be subject to different inspection frequencies in different areas of the site. Check all that apply. ) Standard Frequency: Weekly Every 14 days and within 24 hours of a 0.25” rain Increased Frequency: Every 7 days and within 24 hours of a 0.25” rain (for areas of sites discharging to sediment or nutrient-impaired waters or to waters designated as Tier 2, Tier 2.5, or Tier 3) Reduced Frequency: - Once per month (for stabilized areas) - Once per month and within 24 hours of a 0.25” rain (for arid, semi-arid, or drought-stricken areas during seasonally dry periods or during drought) - Once per month (for frozen conditions where earth-disturbing activities are being conducted) Was this inspection triggered by a 0.25” storm event? Yes No If yes, how did you determined whether a 0.25” storm event has occurred? Rain gauge on site Weather station representative of site. Specify weather station source: Total rainfall amount that triggered the inspection (in inches): Unsafe Conditions for Inspection Did you determine that any portion of your site was unsafe for inspection per CGP Part 4.1.5? Yes No If “yes”, complete the following: - Describe the conditions that prevented you from conducting the inspection in this location: - Location(s) where conditions were found:
Page 2 of 5 Condition and Effectiveness of Erosion and Sediment (E&S) Controls (CGP Part 2.1) (see reverse for instructions) Type/Location of E&S Control [Add an additional sheet if necessary] Repairs or Other Maintenance Needed?* Corrective Action Required?* Date on Which Maintenance or Corrective Action First Identified? Notes 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No * Note: The permit differentiates between conditions requiring repairs and maintenance, and those requiring corrective action. The permit requires maintenance in order to keep controls in effective operating condition and requires repairs if controls are not operating as intended. Corrective actions are triggered only for specific, more serious conditions, which include: 1) A required stormwater control was never installed, was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3; 2) You become aware that the stormwater controls you have installed and are maintaining are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1; 3) One of the prohibited discharges in Part 2.3.1 is occurring or has occurred; or 4) EPA requires corrective actions as a result of a permit violation found during an inspection carried out under Part 4.2. If a condition on your site requires a corrective action, you must also fill out a corrective action form found at www.epa.gov/npdes/stormwater/swppp. See Part 5 of the permit for more information.
Page 3 of 5 Condition and Effectiveness of Pollution Prevention (P2) Practices (CGP Part 2.3) (see reverse for instructions) Type/Location of P2 Practices [Add an additional sheet if necessary] Repairs or Other Maintenance Needed?* Corrective Action Required?* Date on Which Maintenance or Corrective Action First Identified? Notes 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No * Note: The permit differentiates between conditions requiring repairs and maintenance, and those requiring corrective action. The permit requires maintenance in order to keep controls in effective operating condition and requires repairs if controls are not operating as intended. Corrective actions are triggered only for specific, more serious conditions, which include: 1) A required stormwater control was never installed, was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3; 2) You become aware that the stormwater controls you have installed and are maintaining are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1; 3) One of the prohibited discharges in Part 2.3.1 is occurring or has occurred; or 4) EPA requires corrective actions as a result of a permit violation found during an inspection carried out under Part 4.2. If a condition on your site requires a corrective action, you must also fill out a corrective action form found at www.epa.gov/npdes/stormwater/swppp. See Part 5 of the permit for more information.
Page 4 of 5 Stabilization of Exposed Soil (CGP Part 2.2) (see reverse for instructions) Stabilization Area [Add an additional sheet if necessary] Stabilization Method Have You Initiated Stabilization? Notes 1. 2. 3. 4. 5. YES NO If yes, provide date: YES NO If yes, provide date: YES NO If yes, provide date: YES NO If yes, provide date: YES NO If yes, provide date: Description of Discharges (CGP Part 4.1.6.6) (see reverse for instructions) Was a stormwater discharge or other discharge occurring from any part of your site at the time of the inspection? Yes No If “yes”, provide the following information for each point of discharge: Discharge Location [Add an additional sheet if necessary] Observations 1. Describe the discharge: At points of discharge and the channels and banks of surface waters in the immediate vicinity, are there any visible signs of erosion and/or sediment accumulation that can be attributed to your discharge? Yes No If yes, describe what you see, specify the location(s) where these conditions were found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue: 2. Describe the discharge: At points of discharge and the channels and banks of surface waters in the immediate vicinity, are there any visible signs of erosion and/or sediment accumulation that can be attributed to your discharge? Yes No If yes, describe what you see, specify the location(s) where these conditions were found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue:
Page 5 of 5 Contractor or Subcontractor Certification and Signature (see reverse for instructions) “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.” Signature of Contractor or Subcontractor: ________________________________________________ Date: Printed Name and Affiliation: ________________________________________________ Certification and Signature by Permittee (see reverse for instructions) “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.” Signature of Permittee or “Duly Authorized Representative”: ________________________________________________ Date: Printed Name and Affiliation: ________________________________________________
i
Inspection Report Template – Field Version
Purpose
This Inspection Report Template (or “template”) was designed to assist you in preparing inspection reports for
EPA’s 2012 Construction General Permit (CGP). If you are covered under the 2012 CGP, this template will
enable you to create an inspection report form that is customized to the specific circumstances of your project
and that complies with the minimum reporting requirements of Part 4.1.7 of the permit. Note that the use of this
form is optional; you may use your own inspection report form provided it includes the minimum information
required in Part 4.1.7 of the CGP.
If you are covered under a state CGP, this template may be helpful in developing a form that can be used for
that permit; however it will need to be modified to meet the specific requirements of that permit. If your
permitting authority requires you to use a specific inspection report form, you should not use this form.
Notes:
While EPA has made every effort to ensure the accuracy of all instructions and guidance contained in the
Inspection Report Template, the actual obligations of regulated construction activities are determined by the
relevant provisions of the permit, not by the template. In the event of a conflict between the Inspection Report
Template and any corresponding provision of the 2012 CGP, you must abide by the requirements in the permit.
EPA welcomes comments on the Inspection Report Template at any time and will consider those comments in
any future revision of this document. You may contact EPA for CGP-related inquiries at cgp@epa.gov.
Overview of Inspection Requirements
Construction operators covered under the 2012 CGP are subject to the following requirements in Part 4:
Inspection Frequency (see Part 4.1.4)
You are required to conduct inspections either:
• Once every 7 calendar days; or
• Once every 14 calendar days and within 24 hours of a storm event of 0.25 inches or greater.
Your inspection frequency is increased if the site discharges to a sensitive water. See Part 4.1.3. Your inspection
frequency may be decreased to account for stabilized areas, or for arid, semi-arid, or drought-stricken conditions, or for
frozen conditions. See Part 4.1.4.
Areas That Need to Be Inspected (see Part 4.1.5)
During each inspection, you must inspect the following areas of your site:
• Cleared, graded, or excavated areas of the site;
• Stormwater controls (e.g., perimeter controls, sediment basins, inlets, exit points etc.) and pollution prevention
practices (e.g., pollution prevention practices for vehicle fueling/maintenance and washing, construction product
storage, handling, and disposal, etc.) at the site;
• Material, waste, or borrow areas covered by the permit, and equipment storage and maintenance areas;
• Areas where stormwater flows within the site;
• Stormwater discharge points; and
• Areas where stabilization has been implemented.
What to Check For During Your Inspection (see Part 4.1.6)
During your site inspection, you are required to check:
• Whether stormwater controls or pollution prevention practices require maintenance or corrective action, or
whether new or modified controls are required;
• For the presence of conditions that could lead to spills, leaks, or other pollutant accumulations and discharges;
• Whether there are visible signs of erosion and sediment accumulation at points of discharge and to the channels
and streambanks that are in the immediate vicinity of the discharge;
• If a stormwater discharge is occurring at the time of the inspection, whether there are obvious, visual signs of
pollutant discharges; and
• If any permit violations have occurred on the site.
Inspection Reports (see Part 4.1.7)
Within 24 hours of completing each inspection, you are required to complete an inspection report that includes:
• Date of inspection;
• Names and titles of persons conducting the inspection;
• Summary of inspection findings;
• Rain gauge or weather station readings if your inspection is triggered by the 0.25 inch storm threshold; and
• If you determine that a portion of your site is unsafe to access for the inspection, documentation of what conditions
prevented the inspection and where these conditions occurred on the site
Instructions for Using This Template
This Field Version of the Inspection Report Template is intended to be used in the field and filled out by hand. If
you will be filling out the Inspection Report Template electronically (i.e., you will be typing in your findings),
please use the Electronic Version of the Inspection Report Template available at
www.epa.gov/npdes/stormwater/swppp. The Electronic Version includes text fields with instructions for what to
enter.
Keep in mind that this document is a template and not an “off-the-shelf” inspection report that is ready to use
without some modification. You must first customize this form to include the specifics of your project in order for
it to be useable for your inspection reports. Once you have entered all of your site-specific information into
these fields, you may print out this form for use in the field to complete inspection reports.
The following tips for using this template will help you ensure that the minimum permit requirements are met:
• Review the inspection requirements. Before you start developing your inspection report form, read the
CGP’s Part 4 inspection requirements. This will ensure that you have a working understanding of the
permit’s underlying inspection requirements.
• Complete all required text fields. Fill out all text fields. Only by filling out all fields will the template be
compliant with the requirements of the permit. (Note: Where you do not need the number of rows
provided in the template form for your inspection, you may leave those rows blank. Or, if you need
more space to document your findings, you may add an additional sheet.)
• Use your site map to document inspection findings. In several places in the template, you are directed
to specify the location of certain features of your site, including where stormwater controls are installed
and where you will be stabilizing exposed soil. You are also asked to fill in location information for unsafe
conditions and the locations of any discharges occurring during your inspections. Where you are asked
for location information, EPA encourages you to reference the point on your SWPPP site map that
corresponds to the requested location on the inspection form. Using the site map as a tool in this way
will help you conduct efficient inspections, will assist you in evaluating problems found, and will ensure
proper documentation.
• Sign and certify each inspection report. Each inspection report must be signed and certified by the
permittee to be considered complete. Where your inspections are carried out by a contractor or
subcontractor, it is recommended that you also have the form signed and certified by the inspector, in
addition to the signature and certification required of the permitted operator. The template includes a
signature block for both parties.
• Include the inspection form with your SWPPP. Once your form is complete, make sure to include a copy
of the inspection form in your SWPPP in accordance with Part 7.2.12.4 of the CGP.
• Retain copies of all inspection reports with your records. You must also retain in your records copies of all
inspection reports in accordance with the requirements in Part 4.1.7.3 of the 2012 CGP. These reports
must be retained for at least 3 years from the date your permit coverage expires or is terminated.
Section-by-Section Instructions
You will find specific instructions corresponding to each section of the report form on the reverse side of each
page. These instructions provide you with more details in terms of what EPA expects to be documented in these
reports.
Instructions for Filling Out “General Information” Section Name of Project Enter the name for the project. CGP Tracking No. Enter the tracking number that was assigned to your NOI application for permit coverage. Inspection Date Enter the date you conducted the inspection. Inspector Name, Title & Contact Information Provide the name of the person(s) (either a member of your company’s staff or a contractor or subcontractor) that conducted this inspection. Provide the inspector’s name, title, and contact information as directed in the form. Present Phase of Construction If this project is being completed in more than one phase, indicate which phase it is currently in. Inspection Location If your project has multiple locations where you conduct separate inspections, specify the location where this inspection is being conducted. If only one inspection is conducted for your entire project, enter “Entire Site.” If necessary, complete additional inspection report forms for each separate inspection location. Inspection Frequency Check the box that describes the inspection frequency that applies to you. Note that you may be subject to different inspection frequencies in different areas of your site. If your project does not discharge to a “sensitive water” (i.e., a water impaired for sediment or nutrients, or listed as Tier 2, 2.5, or 3 by your state or tribe) and you are not affected by any of the circumstances described in CGP Part 4.1.4, then you can choose your frequency based on CGP Part 4.1.2 – either weekly, or every other week and within 24 hrs of a 0.25 in storm event. For any portion of your site that discharges to a sensitive water, your inspection frequency for that area is fixed under CGP Part 4.1.3 at weekly and within 24 hrs of a 0.25 inch storm event. If portions of your site are stabilized, are located in arid, semi-arid, or drought-stricken areas, or are subject to frozen conditions, consult CGP Part 4.1.4 for the applicable inspection frequency. Check all the inspection frequencies that apply to your project. Was This Inspection Triggered by a 0.25 Inch Storm Event? If you were required to conduct this inspection because of a 0.25 inch (or greater) rain event, indicate whether you relied on an on-site rain gauge or a nearby weather station (and where the weather station is located). Also, specify the total amount of rainfall for this specific storm event. Unsafe Conditions for Inspection Inspections are not required where a portion of the site or the entire site is subject to unsafe conditions. See CGP Part 4.1.5. These conditions should not regularly occur, and should not be consistently present on a site. Generally, unsafe conditions are those that render the site (or a portion of it) inaccessible or that would pose a significant probability of injury to applicable personnel. Examples could include severe storm or flood conditions, high winds, and downed electrical wires. If your site, or a portion of it, is affected by unsafe conditions during the time of your inspection, provide a description of the conditions that prevented you from conducting the inspection and what parts of the site were affected. If the entire site was considered unsafe, specify the location as “Entire site”
Instructions for Filling Out the “Erosion and Sediment Control” Table Type and Location of E&S Controls Provide a list of all erosion and sediment (E&S) controls that your SWPPP indicates will be installed and implemented at your site. This list must include at a minimum all E&S controls required by CGP Part 2.1.2. Include also any natural buffers established under CGP Part 2.1.2.1. Buffer requirements apply if your project’s earth-disturbing activities will occur within 50 feet of a surface water. You may group your E&S controls on your form if you have several of the same type of controls (e.g., you may group “Inlet Protection Measures”, “Perimeter Controls”, and “Stockpile Controls” together on one line), but if there are any problems with a specific control, you must separately identify the location of the control, whether repairs or maintenance or corrective action are necessary, and in the notes section you must describe the specifics about the problem you observed. Repairs or Other Maintenance Needed? Answer “yes” if the E&S control requires a repair of any kind (due to normal wear and tear, or as a result of damage) or requires maintenance in order for the control to continue operating effectively. At a minimum, maintenance is required in the following specific instances: (1) for perimeter controls, whenever sediment has accumulated to ½ or more the above-ground height of the control (CGP Part 2.1.2.2.b); (2) where sediment has been tracked-out onto the surface of off-site streets or other paved areas (CGP Part 2.1.2.3.d); (3) for inlet protection measures, when sediment accumulates, the filter becomes clogged, and/or performance is compromised (CGP Part 2.1.2.9.b); and (4) for sediment basins, as necessary to maintain at least ½ of the design capacity of the basin (CGP Part 2.1.3.2.b). Note: In many cases, “yes” answers are expected and indicate a project with an active operation and maintenance program. You should also answer “yes” if work to fix the problem is still ongoing from the previous inspection. Corrective Action Needed? Answer “yes” if during your inspection you found any of the following conditions to be present (CGP, Part 5.2.1): (1) a required E&S control was never installed, was installed incorrectly, or not in accordance with the corresponding CGP Part 2 or 3 requirement; (2) you become aware that the inadequacy of the E&S control has led to an exceedance of an applicable water quality standard; or (3) EPA requires corrective action for an E&S control as a result of a permit violation found during an inspection carried out under Part 4.2. If you answer “yes”, you must take corrective action and complete a corrective action report, found at www.epa.gov/npdes/stormwater/swppp. Note: You should answer “yes” if work to fix the problem from a previous inspection is still ongoing. Date on Which Maintenance or Corrective Action First Identified? Provide the date on which the condition that triggered the need for maintenance or corrective action was first identified. If the condition was just discovered during this inspection, enter the inspection date. If the condition is a carryover from a previous inspection, enter the original date of the condition’s discovery. Notes For each E&S control and the area immediately surrounding it, note whether the control is properly installed and whether it appears to be working to minimize sediment discharge. Describe any problem conditions you observed such as the following, and why you think they occurred as well as actions (e.g., repairs, maintenance, or corrective action) you will take or have taken to fix the problem: 1. Failure to install or to properly install a required E&S control 2. Damage or destruction to an E&S control caused by vehicles, equipment, or personnel, a storm event, or other event 3. Mud or sediment deposits found downslope from E&S controls 4. Sediment tracked out onto paved areas by vehicles leaving construction site 5. Noticeable erosion at discharge outlets or at adjacent streambanks or channels 6. Erosion of the site’s sloped areas (e.g., formation of rills or gullies) 7. E&S control is no longer working due to lack of maintenance For buffer areas, make note of whether they are marked off as required, whether there are signs of construction disturbance within the buffer, which is prohibited under the CGP, and whether there are visible signs of erosion resulting from discharges through the area. If repairs, maintenance, or corrective action is required, briefly note the reason. If repairs, maintenance, or corrective action have been completed, make a note of the date it was completed and what was done. If corrective action is required, note that you will need to complete a separate corrective action report describing the condition and your work to fix the problem.
Instructions for Filling Out the “Pollution Prevention (P2) Practice” Table Type and Location of P2 Controls Provide a list of all pollution prevention (P2) practices that are implemented at your site. This list must include all P2 practices required by Part 2.3.3, and those that are described in your SWPPP. Repairs or Other Maintenance Needed? Answer “yes” if the P2 practice requires a repair of any kind (due to normal wear and tear, or as a result of damage) or requires maintenance in order for the control to continue operating effectively. Note: In many cases, “yes” answers are expected and indicate a project with an active operation and maintenance program. Corrective Action Needed? Answer “yes” if during your inspection you found any of the following conditions to be present (CGP, Part 5.2.1): (1) a required P2 practice was never installed, was installed incorrectly, or not in accordance with the corresponding CGP Part 2 requirement; (2) you become aware that the inadequacy of the P2 practice has led to an exceedance of an applicable water quality standard; (3) one of the “prohibited discharges” listed in CGP Part 2.3.1 is occurring or has occurred, or (4) EPA requires corrective action for a P2 practice as a result of a permit violation found during an inspection carried out under Part 4.2. If you answer “yes”, you must take corrective action and complete a corrective action report (see www.epa.gov/npdes/stormwater/swppp). Note: You should answer “yes” if work to fix the problem from a previous inspection is still ongoing. Date on Which Maintenance or Corrective Action First Identified? Provide the date on which the condition that triggered the need for maintenance or corrective action was first identified. If the condition was just discovered during this inspection, enter the inspection date. If the condition is a carryover from a previous inspection, enter the original date of the condition’s discovery. Notes For each P2 control and the area immediately surrounding it, note whether the control is properly installed, whether it appears to be working to minimize or eliminate pollutant discharges, and whether maintenance or corrective action is required. Describe problem conditions you observed such as the following, and why you think they occurred, as well as actions you will take or have taken to fix the problem: 1. Failure to install or to properly install a required P2 control 2. Damage or destruction to a P2 control caused by vehicles, equipment, or personnel, or a storm event 3. Evidence of a spill, leak, or other type of pollutant discharge, or failure to have properly cleaned up a previous spill, leak, or other type of pollutant discharge 4. Spill response supplies are absent, insufficient, or not where they are supposed to be located 5. Improper storage, handling, or disposal of chemicals, building materials or products, fuels, or wastes 6. P2 practice is no longer working due to lack of maintenance If repairs, maintenance, or corrective action is required, briefly note the reason. If repairs, maintenance, or corrective action have been completed, make a note of the date it was completed and what was done. If corrective action is required, note that you will need to complete a separate corrective action report describing the condition and your work to fix the problem.
Instructions for Filling Out the “Stabilization of Exposed Soil” Table Stabilization Area List all areas where soil stabilization is required to begin because construction work in that area has permanently stopped or temporarily stopped (i.e., work will stop for 14 or more days), and all areas where stabilization has been implemented. Stabilization Method For each area, specify the method of stabilization (e.g., hydroseed, sod, planted vegetation, erosion control blanket, mulch, rock). Have You Initiated Stabilization For each area, indicate whether stabilization has been initiated. Notes For each area where stabilization has been initiated, describe the progress that has been made, and what additional actions are necessary to complete stabilization. Note the effectiveness of stabilization in preventing erosion. If stabilization has been initiated but not completed, make a note of the date it is to be completed. If stabilization has been completed, make a note of the date it was completed. If stabilization has not yet been initiated, make a note of the date it is to be initiated, and the date it is to be completed. Instructions for Filling Out the “Description of Discharges” Table You are only required to complete this section if a discharge is occurring at the time of the inspection. Was a Stormwater Discharge Occurring From Any Part of Your Site At The Time of the Inspection? During your inspection, examine all points of discharge from your site, and determine whether a discharge is occurring. If there is a discharge, answer “yes” and complete the questions below regarding the specific discharge. If there is not a discharge, answer “no” and skip to the next page. Discharge Location (repeat as necessary if there are multiple points of discharge) Location of discharge. Specify the location on your site where the discharge is occurring. The location may be an outlet from a stormwater control or constructed stormwater channel, a discharge into a storm sewer inlet, or a specific point on the site. Be as specific as possible; it is recommended that you refer to a precise point on your site map. Describe the discharge. Include a specific description of any noteworthy characteristics of the discharge such as color; odor; floating, settled, or suspended solids; foam; oil sheen; and other obvious pollution indicators. Are there visible signs of erosion or sediment accumulation? At each point of discharge and the channel and streambank in the immediate vicinity, visually assess whether there are any obvious signs of erosion and/or sediment accumulation that can be attributed to your discharge. If you answer “yes”, include a description in the space provided of the erosion and sediment deposition that you have found, specify where on the site or in the surface water it is found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue.
Instructions for Signature/Certification Each inspection report must be signed and certified to be considered complete. Contractor or Subcontractor Signature and Certification Where a contractor or subcontractor is relied on to carry out the inspection and complete the inspection report, you should require the inspector to sign and certify each report. Note that this does not relieve the permitted operator of the requirement to sign and certify the inspection report as well. Signature and Certification by Permittee At a minimum, the inspection report must be signed by either (1) the person who signed the NOI, or (2) a duly authorized representative of that person. The following requirements apply to scenarios (1) and (2): If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the following types of individuals: • For a corporation: A responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means: (i) 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 (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. • For a partnership or sole proprietorship: A general partner or the proprietor, respectively. • For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). If the signatory will be a duly authorized representative, the following requirements must be met: • The authorization is made in writing by the person who signed the NOI (see above); • 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 plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position 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); and • The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested.
Appendix E – Copy of Corrective Action Form
Page 1 of 2
Section A – Initial Report (CGP Part 5.4.1)
(Complete this section within 24 hours of discovering the condition that triggered corrective action)
Name of Project CGP Tracking No. Today’s Date
Date Problem First Discovered Time Problem First Discovered
Name and Contact Information of
Individual Completing this Form
What site conditions triggered the requirement to conduct corrective action (check the box that applies):
A required stormwater control was never installed, was installed incorrectly, or not in accordance with the
requirements in Part 2 and/or 3
The stormwater controls that have been installed and maintained are not effective enough for the discharge to meet
applicable water quality standards or applicable requirements in Part 3.1 of the permit
A Part 2.3.1 prohibited discharge has occurred or is occurring
EPA requires corrective action as a result of permit violations found during an EPA inspection carried out under Part 4.2
Provide a description of the problem:
Deadline for completing corrective action (Enter date that is either: (1) no more than 7 calendar days after the date you
discovered the problem, or (2) if it is infeasible to complete work within the first 7 days, enter the date that is as soon as
practicable following the 7th day):
If your estimated date of completion falls after the 7-day deadline, explain (1) why you believe it is infeasible to complete
work within 7 days, and (2) why the date you have established for making the new or modified stormwater control
operational is the soonest practicable timeframe:
Section B – Corrective Action Progress (CGP Part 5.4.2)
(Complete this section no later than 7 calendar days after discovering the condition that triggered corrective action)
Section B.1 – Why the Problem Occurred
Cause(s) of Problem
(Add an additional sheet if necessary)
How This Was Determined and the Date You Determined
the Cause
1.
1.
2.
2.
Section B.2 – Stormwater Control Modifications to be Implemented to Correct the Problem
List of Stormwater Control Modification(s)
Needed to Correct Problem
(Add an additional sheet if necessary)
Date of
Completion
SWPPP Update
Necessary?
Notes
1.
Yes No
If yes, provide date
SWPPP modified:
2.
Yes No
If yes, provide date
SWPPP modified:
Page 2 of 2
Section C – Certification and Signature (CGP Part 5.4.3)
Section C.1 – Certification and Signature by Contractor or Subcontractor
“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.”
Signature of Contractor or Subcontractor: ________________________________________________ Date:
Printed Name and Affiliation: ________________________________________________
Section C.2 – Certification and Signature by Permittee
“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.”
Signature of Permittee or
“Duly Authorized Representative”: ________________________________________________ Date:
Printed Name and Affiliation: ________________________________________________
i
Corrective Action Report Form – Field Version
Purpose
This Corrective Action Report Form is designed to assist you in preparing corrective action reports for EPA’s 2012
Construction General Permit (CGP). If you are covered under EPA’s 2012 CGP, this form will enable you to
create a corrective action report that complies with the minimum reporting requirements of Part 5.4 of the
permit.
You are only required to fill out this form if one of the corrective action triggering conditions in Part 5.2.1 or 5.3
occurs on your site. Routine maintenance and repairs are generally not considered to be a corrective action
triggering condition. Corrective actions are triggered only for specific, more serious conditions that are identified
below in the “Overview of Corrective Action Requirements.”
If you are covered under a state CGP, this form may be helpful in developing a report that can be used for that
permit; however it will need to be modified to meet the specific requirements of the permit. If your permitting
authority requires you to use a specific corrective action report form, you should not use this form.
Notes
While EPA has made every effort to ensure the accuracy of all instructions and guidance contained in the
Corrective Action Report Form, the actual obligations of regulated construction activities are determined by the
relevant provisions of the permit, not by the form. In the event of a conflict between the Corrective Action
Report Form and any corresponding provision of the 2012 CGP, you must abide by the requirements in the
permit. EPA welcomes comments on the Corrective Action Report Form at any time and will consider those
comments in any future revision of this document. You may contact EPA for CGP-related inquiries at
cgp@epa.gov.
Overview of Corrective Action Requirements
Construction operators covered under the 2012 CGP are required to conduct corrective actions and report on
progress made in correcting the problem condition(s) in accordance with the following requirements:
Corrective Action Triggering Conditions (Parts 5.2.1 and 5.3)
Corrective action is required whenever any of the following conditions occur at your site:
• A required stormwater control was never installed, was installed incorrectly, or not in accordance with the
requirements in Part 2 and/or 3;
• The stormwater controls (e.g., erosion and sediment controls or pollution prevention controls) that have been
installed and maintained are not effective enough for the discharge to meet applicable water quality standards
or applicable requirements in Part 3.1 of the permit;
• A Part 2.3.1 prohibited discharge has occurred or is occurring; or
• Any corrective actions required by EPA as a result of permit violations found during an inspection carried out
under Part 4.2.
Deadlines for Completing Corrective Actions (Part 5.2.1)
You must complete corrective action (e.g., installing and making operational any new or modified control, correcting
errors in installation, preventing, mitigating, or cleaning up spills or leaks making repairs) by no later than 7 calendar days
from the time of discovery of the condition. If infeasible to complete the installation or repair within 7 calendar days, you
must document why it is infeasible and document your schedule for completing the corrective action as soon as
practicable.
Deadlines for Documenting Corrective Actions in a Report (Part 5.4)
You are required to complete a corrective action report for each of corrective action you take in accordance with the
following deadlines.
• Within 24 hours of discovering the occurrence of a corrective action triggering condition, you must document the
following:
- The condition identified at your site;
ii
- The nature of the condition identified; and
- The date and time of the condition identified and how it was identified
• Within 7 calendar days of discovering a triggering condition, you must document the following:
- Any follow-up actions taken to review the design, installation, and maintenance of stormwater controls,
including the dates such actions occurred;
- A summary of stormwater controls modifications taken or to be taken, including a schedule of activities
necessary to implement changes, and the date the modifications are completed or expected to be
completed; and
- Notice of whether SWPPP modifications are required as a result of the condition identified or corrective
action.
Instructions for Using This Report Form
This Field Version of the Corrective Action Report Form is intended to be used in the field and filled out by hand. If
you will be filling out the Corrective Action Report Form electronically (i.e., you will be typing in your findings),
please use the Electronic Version of the Corrective Action Report Form available at
www.epa.gov/npdes/stormwater/swppp. The Electronic Version includes text fields with instructions for what to
enter.
The following tips for using this form will help you ensure that the minimum permit requirements are met:
• Review the corrective action requirements. Before you fill out this corrective action report form, read the
CGP’s Part 5 corrective action requirements. This will ensure that you have a working understanding of the
permit’s underlying corrective action requirements.
• Complete a separate report for each condition that triggers corrective action. For each triggering
condition on your site, you will need to fill out a separate corrective action report form.
• Complete all required text fields. Fill out all text fields. Only by filling out all fields will the form be compliant
with the requirements of the permit. (Note: Where you do not need the number of rows provided in the
corrective action report form, you leave those rows blank. Or, if you need more space to document your
findings, you may add an additional sheet.)
• Sign and certify each corrective action report. Each corrective action report form must be signed and
certified by the permittee to be considered complete. Where your corrective actions are carried out by a
contractor or subcontractor, it is recommended that you also have the form signed and certified by the
inspector, in addition to the signature and certification required of the permitted operator. The form
includes a signature block for both parties.
• Include the corrective action report form with your SWPPP. Once your form is complete, make sure to
include a copy of the corrective action report form in your SWPPP in accordance with Part 7.2.12.4 of the
CGP.
• Retain copies of all corrective action reports with your records. You must retain copies of your corrective
action reports in your records in accordance with the requirements in Part 5.4.4 of the 2012 CGP. These
reports must be retained for at least 3 years from the date your permit coverage expires or is terminated.
Section-by-Section Instructions
You will find specific instructions corresponding to each section of the report form on the reverse side of each
page. These instructions were written in order to provide you with more details in terms of what EPA expects to be
documented in these reports.
Instructions for Filling Out the Initial Report (Section A)
You must complete Section A of the report form within 24 hours of discovering the condition that triggered corrective
action
Name of Project
Enter the name for the project.
CGP Tracking No.
Enter the tracking number that was assigned to your NOI application for permit coverage.
Today’s Date
Enter the date you completed this form.
Date/Time Problem First Discovered
Specify the date on which the triggering condition was first discovered. Also specify the time of the discovery.
Name/Contact Information
Provide the individual’s name, title, and contact information as directed in the form.
Site Condition That Triggered Corrective Action
Under the CGP, corrective action is required when one of 3 triggering conditions occurs at your site. See CGP Parts 5.2.1
and 5.3. Check the box that corresponds to the condition that triggered this corrective action.
Description of the Site Condition
Provide a summary description of the condition you found that triggered corrective action under CGP Part 5.2.1 and the
specific location where it was found. Be as specific as possible about the location; it is recommended that you refer to a
precise point on your site map. If you have already provided this explanation in an inspection report, you can refer to
that report.
Deadline for Completing Corrective Action
This deadline is fixed in CGP Part 5.2.1. For all projects, the deadline is either: (1) no more than 7 calendar days after the
date you discovered the problem, or (2) if it is infeasible to complete work within the first 7 days, as soon as practicable
following the 7th day. If your estimated date of completion falls after the 7-day deadline consistent with (2), above,
explain (a) why you believe it is infeasible to complete work within 7 days, and (b) why the date you have established for
making the new or modified stormwater control operational is the soonest practicable timeframe:
Instructions for Filling Out the Corrective Action Progress Table (Section B)
You must complete Section B of the report form no later than 7 calendar days after discovering the condition that
triggered corrective action.
Section B.1 – Why the Problem Occurred
After you have had the opportunity to examine the problem more closely, provide details as to what you believe to be
the cause of the problem, and specify the follow-up actions you took (along with the dates of such actions) to diagnose
the problem. This is consistent with CGP Part 5.4.2.1.
Section B.2 – Stormwater Control Modifications to be Implemented
Provide a list of modifications you plan to make to your stormwater controls to correct the problem and the date you
completed such work. Keep in mind that your work must be completed within the timeline specified in Section A for the
completion of corrective action work.
Also, if a SWPPP modification is necessary consistent with Part 7.4.1.1 in order to reflect changes implemented at your
site, indicate the date you modified your SWPPP. Keep in mind that SWPPP changes must be made within 7 days of
discovering the problem that triggered this corrective action.
Space is provided for you to include additional notes or observations regarding the change that you implemented at
your site to correct the problem.
Instructions for Signature and Certification (Section C)
Each corrective action report must be signed and certified to be considered complete.
Section C.1 – Contractor or Subcontractor Signature and Certification
Where a contractor or subcontractor is relied on to complete this report and the associated corrective action, you should
require the individual(s) to sign and certify each report. Note that this does not relieve you of the requirement to sign and
certify the report as well.
Section C.2 – Signature and Certification by Permittee
At a minimum, the corrective action report form must be signed by either (1) the person who signed the NOI, or (2) a duly
authorized representative of that person. The following requirements apply to scenarios (1) and (2):
If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the
following types of individuals:
• For a corporation: A responsible corporate officer. For the purpose of this subsection, a responsible corporate officer
means: (i) 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 (ii) the
manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to
make management decisions which govern the operation of the regulated facility including having the explicit or
implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive
measures to assure long term environmental compliance with environmental laws and regulations; the manager can
ensure that the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
• For a partnership or sole proprietorship: A general partner or the proprietor, respectively.
• For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected
official. For purposes of this subsection, a principal executive officer of a federal agency includes (i) the chief
executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., Regional Administrator of EPA).
If the signatory will be a duly authorized representative, the following requirements must be met:
• The authorization is made in writing by the person who signed the NOI (see above);
• 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 plant manager, operator of a well or a well field, superintendent,
position of equivalent responsibility, or an individual or position 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); and
• The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested.
Appendix F –SWPPP Amendment Log
No. Description of the Amendment Date of
Amendment
Amendment Prepared by
[Name(s) and Title]
Appendix G –Subcontractor Certifications/Agreements
SUBCONTRACTOR CERTIFICATION
STORMWATER POLLUTION PREVENTION PLAN
Project Title: Residential Development – 23 Laurel Street, Northampton, MA
Operator(s):
As a subcontractor, you are required to comply with the Stormwater Pollution Prevention Plan (SWPPP)
for any work that you perform on-site. Any person or group who violates any condition of the SWPPP
may be subject to substantial penalties or loss of contract. You are encouraged to advise each of your
employees working on this project of the requirements of the SWPPP. A copy of the SWPPP is available
for your review at the office trailer.
Each subcontractor engaged in activities at the construction site that could impact stormwater must be
identified and sign the following certification statement:
I certify under the penalty of law that I have read and understand the terms and conditions of the
SWPPP for the above designated project and agree to follow the practices described in the SWPPP.
This certification is hereby signed in reference to the above named project:
Company:
Address:
Telephone Number:
Type of construction service to be provided:
Signature:
Title:
Date:
Appendix H – Grading and Stabilization Activities Log
Grading and Stabilization Activities Log Residential Development – 23 Laurel Street, Northampton, MADate Grading Activity Initiated Description of Grading Activity Description of Stabilization Measure and Location Date Grading Activity Ceased (Indicate Temporary or Permanent) Date When Stabilization Measures Initiated
Appendix I –SWPPP Training Log
Stormwater Pollution Prevention Training Log
Project Name: Residential Development
Project Location: 23 Laurel Street, Northampton, MA
Instructor’s Name(s):
Instructor’s Title(s):
Course Location: Date:
Course Length (hours):
Stormwater Training Topic: (check as appropriate)
Sediment and Erosion
Controls
Emergency Procedures
Stabilization Controls Inspections/Corrective Actions
Pollution Prevention
Measures
Specific Training Objective:
Attendee Roster: (attach additional pages as necessary)
No. Name of Attendee Company
1
2
3
4
5
6
7
8
Stormwater Pollution Prevention Training Log
Project Name: Residential Development
Project Location: 23 Laurel Street, Northampton, MA
Instructor’s Name(s):
Instructor’s Title(s):
Course Location: Date:
Course Length (hours):
Stormwater Training Topic: (check as appropriate)
Sediment and Erosion
Controls
Emergency Procedures
Stabilization Controls Inspections/Corrective Actions
Pollution Prevention
Measures
Specific Training Objective:
Attendee Roster: (attach additional pages as necessary)
No. Name of Attendee Company
1
2
3
4
5
6
7
8
Stormwater Pollution Prevention Training Log
Project Name: Residential Development
Project Location: 23 Laurel Street, Northampton, MA
Instructor’s Name(s):
Instructor’s Title(s):
Course Location: Date:
Course Length (hours):
Stormwater Training Topic: (check as appropriate)
Sediment and Erosion
Controls
Emergency Procedures
Stabilization Controls Inspections/Corrective Actions
Pollution Prevention
Measures
Specific Training Objective:
Attendee Roster: (attach additional pages as necessary)
No. Name of Attendee Company
1
2
3
4
5
6
7
8
Appendix J –Delegation of Authority Form
Delegation of Authority
I, Laura Baker, hereby designate the person or specifically described position below to be a duly
authorized representative for the purpose of overseeing compliance with environmental
requirements, including the Construction General Permit, at the 23 Laurel Street, Northampton
construction site. The designee is authorized to sign any reports, stormwater pollution
prevention plans and all other documents required by the permit.
Bryan Culliton, Project Manager
Allegrone Companies
126 Lewis Wharf
Boston, MA 02110
(413) 207-1566
brculliton@allegrone.com
www.allegrone.com
By signing this authorization, I confirm that I meet the requirements to make such a designation
as set forth in Appendix I of EPA’s Construction General Permit (CGP), and that the designee
above meets the definition of a “duly authorized representative” as set forth in Appendix I.
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: Laura Baker
Company: Valley Community Development
Title: Real Estate Development Director
Signature:
Date: 02.14.24
Appendix K – Erosion Control Specifications
23 Laurel Street Northampton, MA
SEPTEMBER 4, 2023 TEMPORARY EROSION AND SEDIMENT CONTROL 01-5633
Page 1 of 6
SECTION 01 5633 - TEMPORARY EROSION & SEDIMENT CONTROL
PART 1 - GENERAL
1.1 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
A. The Contractor, Subcontractors, and/or suppliers providing goods or services referenced in or
related to this Section shall also be bound by the Documents identified in Division 01 Section
“Summary”, Paragraph 1.1A, entitled “Related Documents.”
1.2 RELATED DOCUMENTS
A. The Contractor, Subcontractors, and/or suppliers providing goods or services referenced in or
related to this Section shall also be bound by the Documents identified in Division 01 Section
“Summary”, Paragraph 1.1A, entitled “Related Documents.”
1.3 ITEMS REQUIRED BUT NOT SPECIFIED
A. If an item or material of this trade is indicated in the Drawings but not specifically listed in this
Section, provide such item or material at a standard of quality equal to the standard established
for the balance of the Work specified, in accordance with the Architect's interpretation.
1.4 EXECUTION, CORRELATION AND INTENT
A. In case of an inconsistency between Drawings and Specifications, or within either Document
not clarified by addendum, the better quality or greater quantity of Work shall be provided, in
accordance with the Landscape Architect/ Architect's interpretation.
1.5 DESCRIPTION OF WORK
A. Provide all equipment and materials and do all work necessary to construct a complete erosion
and sediment control program for minimizing erosion and sediment control provisions detailed
on the Drawings and specified herein are the minimum requirements for an erosion control
program. The Contractor shall provide additional erosion sediment control materials and
methods as required to effect the erosion and siltation control principles specified herein.
B. Provide temporary erosion- and sedimentation-control measures to prevent soil erosion and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways,
according to erosion- and sedimentation-control Drawings and requirements of authorities
having jurisdiction.
23 Laurel Street Northampton, MA
SEPTEMBER 4, 2023 TEMPORARY EROSION AND SEDIMENT CONTROL 01-5633
Page 2 of 6
C. Erosion control and maintenance program, shall include, but not be limited to, installation and
maintenance of silt fences, hay bale check dams, and installation schedules of erosion control
structures.
D. Related work specified elsewhere:
1. General Building Commissioning Requirements Division 01
2. Exterior Enclosure Commissioning Division 01
3. Site Demotion Clearing and Grubbing Division 31
4. Excavation Earthwork Filling and Grading Division 31
1.6 REFERENCED STANDARDS
A. American Association of State Highway and Transportation Officials (AASHTO):
1. Standard Specifications for Highways and Bridges 17th edition, 2002.
B. Commonwealth of Massachusetts Department of Transporation (MassDOT)
1. 2020 Standard Specifications for Highways and Bridges.
1.7 SUBMITTALS
A. Proposed methods, materials to be employed, and schedule for effecting erosion and siltation
control and preventing erosion damage shall be submitted for approval. Submittals shall
include:
1. List of proposed material including manufacturer's product data.
2. Schedule of erosion control program indicating specific dates for implementing programs
in each major area of work.
B. SWPPP: Stormwater Pollution Prevention Plan, meeting the requirements of the NDPES
Construction General Permit, to be submitted prior to any ground disturbance.
C. The following samples shall be submitted:
Sample Size
Silt fence fabric 12 x 12 in.
1.8 EROSION CONTROL PRINCIPLES
A. The following erosion control principles shall apply to the land grading and construction phases:
23 Laurel Street Northampton, MA
SEPTEMBER 4, 2023 TEMPORARY EROSION AND SEDIMENT CONTROL 01-5633
Page 3 of 6
1. Stripping of vegetation, grading, or other soil disturbance shall be done in a manner which
will minimize soil erosion.
2. Whenever feasible, natural vegetation shall be retained and protected.
3. Extent of area which is exposed and free of vegetation and duration of its exposure shall
be kept within practical limits.
4. Drainage provisions shall accommodate increased runoff resulting from modifications of
soil and surface conditions during and after development or disturbance. Such provisions
shall be in addition to existing requirements.
5. Sediment shall be retained on-site.
6. Erosion control devices shall be installed as early as possible in the construction sequence
prior to start of clearing and grubbing operations and excavation work.
1.9 EMERGENCY OPERATION PROCEDURES
A. The Contractor shall have on-call at all times capable, responsible representatives who, when
authorized, will mobilize the necessary personnel, materials, and equipment, and otherwise
provide the required action when notified of any impending emergency situation.
B. The Contractor shall supply a telephone number to the Owner with which the Contractor may
be contacted in the evenings and on weekends. The Contractor shall prepare a 24-hour "duty
roster" for this purpose and submit it in writing to the Architect.
1.10 NPDES STORMWATER PERMIT
A. This project requires a NPDES General Permit for Stormwater Discharges from Construction
Activities (a.k.a. an “NOI” from the US EPA). The Contractor and Owner are responsible for
finalizing a Stormwater Pollution Prevention Plan (SWPPP) and filing for the NDPES permit prior
to the start of construction. All clearing, grading, drainage, construction, and development shall
be conducted in strict accordance with the SWPPP and conditions of the NPDES General Permit.
The Contractor shall prepare and submit a SWPPP for review by the owner, as required under
“submittals” herein. The Contractor shall not initiate any land disturbance activities prior to
obtaining approval of the SWPPP from the owner, submitting the NOI form to EPA and waiting
14 calendar days, as required by NPDES General Permit.
PART 2 - PRODUCTS
2.1 SILT FENCE
A. Silt fence shall be "Envirofence" preassembled silt fence structure, manufactured by Mirafi, Inc.,
Charlotte, NC, or approved equal.
23 Laurel Street Northampton, MA
SEPTEMBER 4, 2023 TEMPORARY EROSION AND SEDIMENT CONTROL 01-5633
Page 4 of 6
1. Each package shall include oak post, industrial polypropylene netting, Mirafi 100
sediment control fabric, metal coupler and instructions.
2. Overall length of each fence section shall be minimum 100 ft.; fabric width minimum of 3
ft., post length minimum of 4 ft. - 6 in.; and post spacing minimum of 8 ft.
3. Posts shall be tapered for ease of installation, and beveled at top to resist splitting.
2.2 STRAW BALES
A. Straw bales for construction of erosion control barrier, straw bale check dam, and catchbasin
filter dam shall be new, firm wire or nylon-bound livestock grade.
2.3 CRUSHED STONE
A. Crushed stone for hay bale check dam and catch basin filter dam shall conform to MassDOT
Specifications Section M2.01.3
2.4 SILTSACK
A. Siltsack for catch basin protection shall be as manufactured by ACF Environmental, or approved
equal.
2.5 TEMPORARY SEED COVER
A. Seed mixture for temporary cover by hydroseeding application shall conform to the following:
Quantity per 1000
sq. ft coverage Material
27-1/2 lb. Wood fiber mulch
4 lb. Seed
1/2 lb. Annual Ryegrass
22 lb. 10-6-4 Fertilizer
69 gal. Water
1. Wood fiber mulch shall conform to MassDOT Specifications.
2. Seed shall conform to MassDOT Specifications.
2.6 STRAW WATTLE
A. Straw wattles shall be new, locally-sourced, livestock-grade straw, bound in biodegradable
netting. Straw shall be free from seeds and consist exclusively of stalks or stems of grain after
threshing.
23 Laurel Street Northampton, MA
SEPTEMBER 4, 2023 TEMPORARY EROSION AND SEDIMENT CONTROL 01-5633
Page 5 of 6
B. Minimum diameter of straw wattles shall be 9 inches.
PART 3 - EXECUTION
3.1 SILT FENCE
A. Silt fencing shall be placed around existing drainage channels and at the outfall of the
drainage lines before commencement of any earthwork. Silt fencing shall be installed prior to
all upgradient earthwork.
3.2 STRAW BALE DAM
A. Bales shall be placed in a row with ends tightly abutting the adjacent bales. Each bale shall
be embedded in the soil a minimum of 4 inches. Bales shall be securely anchored in place by
stakes or re-bars driven through the bales. The first stake in each bale shall be angled toward
the previously laid bale to force the bales together.
3.3 CATCH BASIN PROTECTION
A. Existing and proposed catch basins shall be protected during construction by Siltsacks as shown
on the Erosion Control Plan. They shall be installed prior to all upgradient earthwork.
3.4 MAINTENANCE AND REMOVAL OF EROSION CONTROL DEVICES
A. The Contractor shall inspect the effectiveness and condition of the erosion control devices
during storm events, after each rainfall of one-inch magnitude or greater, prior to weekends,
and prior to any forecasted storm events.
B. Wetland areas, water courses, and drainage swales adjacent to construction activities shall
be monitored twice each week for evidence of silt intrusion and other adverse environmental
impacts, which shall be corrected immediately upon discovery.
C. Culverts and drainage ditches shall be kept clean and clear of obstructions during
construction period.
1. Cleaning: Sediment build-up at silt fencing and hay bale structures shall be removed when
the sediment accumulation is 1/2 the design height. Sediment basin shall be cleaned
when the sediment accumulates to one foot of depth.
2. The Contractor shall repair or replace damaged erosion control devices immediately, and,
in no case, more than four hours after observing such deficiencies, and as directed by the
Architect.
23 Laurel Street Northampton, MA
SEPTEMBER 4, 2023 TEMPORARY EROSION AND SEDIMENT CONTROL 01-5633
Page 6 of 6
3. The Contractor shall be prepared to implement interim drainage controls and erosion
control measures as may be necessary during the course of construction, and as directed
by the Architect.
4. The Contractor shall make available on-site, equipment, materials and labor necessary to
effect emergency erosion control and drainage improvements within four hours of any
impending emergency situation.
5. The Contractor shall comply with recommendations of the Architect to make repairs or
supplement erosion control procedures during the course of construction.
6. If, in the opinion of the Architect, the sequencing of operations, condition of erosion
control devices, and turbidity level of runoff are unsatisfactory, the Architect will direct
the Owner to order the Contractor to cease work and order the Contractor to make
corrections within 24 hours, at no expense to the Owner.
7. The Contractor shall make a final inspection, clean all cross culverts and sweep off
roadways as approved by the Architect before Contract closeout.
8. Condition of erosion control device shall be checked twice each month or more frequently
as required. Damaged and/or deteriorated items shall be replaced. Erosion control
devices shall be maintained in place and in effective condition.
9. Hay bales shall be inspected frequently and maintained or replaced as required to
maintain both their effectiveness and essentially their original condition. Underside of
bales shall be in close contact with the earth below at all times, as required to prevent
water from washing beneath bales.
10. Sediment deposits shall be disposed of off-site, in a location and manner which will not
cause sediment nuisance elsewhere.
D. Removal of Erosion Control Devices
1. Erosion control devices shall be maintained until all disturbed earth has been paved or
vegetated, at which time they shall be removed. After removal, areas disturbed by these
devices shall be regraded and seeded.
2. Erosion protection material shall be kept securely anchored until acceptance of
completed slope or entire Project, whichever is later.
END OF SECTION 01 5633
Appendix L – Endangered Species Documentation
February 14, 2024
United States Department of the Interior
FISH AND WILDLIFE SERVICE
New England Ecological Services Field Office
70 Commercial Street, Suite 300
Concord, NH 03301-5094
Phone: (603) 223-2541 Fax: (603) 223-0104
In Reply Refer To:
Project Code: 2024-0049066
Project Name: 23 Laurel Street, Northampton, MA
Subject:List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed, and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through IPaC by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
Project code: 2024-0049066 02/14/2024
2 of 6
▪
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/
endangered-species-consultation-handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see Migratory Bird Permit | What We Do | U.S. Fish & Wildlife
Service (fws.gov).
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
Official Species List
Project code: 2024-0049066 02/14/2024
3 of 6
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
New England Ecological Services Field Office
70 Commercial Street, Suite 300
Concord, NH 03301-5094
(603) 223-2541
Project code: 2024-0049066 02/14/2024
4 of 6
PROJECT SUMMARY
Project Code:2024-0049066
Project Name:23 Laurel Street, Northampton, MA
Project Type:Road/Hwy - New Construction
Project Description:Construct a 20-unit housing development with associated paved driveway
and parking area, sidewalks, walkways and common areas. Will have on-
site drainage infiltration structures.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@42.3093195,-72.64820363357654,14z
Counties:Hampshire County, Massachusetts
Project code: 2024-0049066 02/14/2024
5 of 6
1.
ENDANGERED SPECIES ACT SPECIES
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Endangered
CLAMS
NAME STATUS
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Endangered
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
1
Project code: 2024-0049066 02/14/2024
6 of 6
IPAC USER CONTACT INFORMATION
Agency:Private Entity
Name:Greg Henson
Address:4 Allen Place, Northampton, MA 01060
City:Northampton
State:MA
Zip:01060
Email gregh@berkshiredesign.com
Phone:4135827000
Appendix M – Subcontractor Contact List
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
Appendix M – Subcontractor Contact List
Subcontractor -
Company: _Marion Excavating_ _____________________
Name: ___Mason Mongeon_ _____________________ Title ___Project Manager_______
Address: _749 New Ludlow Road South Hadley, MA 01075_______________________
Phone: ____413-536-1267__________________________________________
Mobile: ___413-575-2067__________________________________________
Email: _____mason@marionexc.com ______________________________
Subcontractor -
Company: __ _______________________________
Name: _____ ________________ Title _ ____________
Address: ___________________________________
Phone: ____ _________________________________________________
Mobile: _________________________________________________
Email: ______ _________________________________________
Subcontractor -
Company: __ _______________________________
Name: _____ _____________________ Title __ __________
Address: ___________________________________
Phone: __________________________________________________
Mobile: __________________________________________________
Email: ______________________________________________
Valley Community Development February 13, 2024
23 Laurel Street, Northampton, Massachusetts Stormwater Pollution Prevention Plan (SWPPP)
Appendix M – Subcontractor Contact List (Cont.)
Subcontractor -
Company: _________________________________________________________________
Name: ___________________________________ Title ___________________________
Address: __________________________________________________________________
Phone: ___________________________________________________________________
Mobile: ___________________________________________________________________
Email: ____________________________________________________________________
Subcontractor -
Company: _________________________________________________________________
Name: ___________________________________ Title ___________________________
Address: __________________________________________________________________
Phone: ___________________________________________________________________
Mobile: ___________________________________________________________________
Email: ____________________________________________________________________
Subcontractor -
Company: _________________________________________________________________
Name: ___________________________________ Title ___________________________
Address: __________________________________________________________________
Phone: ___________________________________________________________________
Mobile: ___________________________________________________________________
Email: ____________________________________________________________________
Appendix N – Detailed Project Schedule
ID Task Name Duration Start Finish1Preconstruction233 daysFri 9/8/23Tue 7/30/242RFQ Issued0 daysFri 9/8/23Fri 9/8/233GC Bids due25 daysFri 9/8/23Thu 10/12/234GC Interviews18 daysFri 10/13/23Tue 11/7/235GC Selection0 daysTue 11/7/23Tue 11/7/236Contract Negotiation10 daysWed 11/8/23Tue 11/21/237Limited Notice to Proceed0 daysTue 11/21/23Tue 11/21/238Owner Closing93 daysWed 11/8/23Fri 3/15/249Submittals/procurement180 daysWed 11/22/23Tue 7/30/2410Submit for Building Permit25 daysWed 12/6/23Tue 1/9/2411Notice to Proceed0 daysFri 3/15/24Fri 3/15/2412Construction264 daysMon 4/1/24Thu 4/3/2513Mobilize2 daysMon 4/1/24Tue 4/2/2414Temp Fence2 daysWed 4/3/24Thu 4/4/2415Strip and Clear Site10 daysFri 4/5/24Thu 4/18/2416General Grade45 daysFri 4/19/24Thu 6/20/2417Site Utilities60 daysFri 6/21/24Thu 9/12/2418Rough Grade Site30 daysFri 9/13/24Thu 10/24/2419Install Hardscapes20 daysFri 10/25/24Thu 11/21/2420Install Roadways5 daysFri 11/22/24Thu 11/28/2421Landscape20 daysFri 2/21/25Thu 3/20/2522Finishes10 daysFri 3/21/25Thu 4/3/2523Building 1145 daysFri 4/19/24Thu 11/7/2424Excavate2 daysFri 4/19/24Mon 4/22/2425Footings and Walls7 daysTue 4/23/24Wed 5/1/2426Backfill3 daysThu 5/2/24Mon 5/6/2427Underslab Utilities5 daysTue 5/7/24Mon 5/13/2428Underslab Insulation2 daysTue 5/14/24Wed 5/15/2429Pour Slab2 daysThu 5/16/24Fri 5/17/2430Framing25 daysMon 5/20/24Fri 6/21/2431Roofing3 daysMon 6/24/24Wed 6/26/2432Windows and Ext Doors5 daysThu 6/27/24Wed 7/3/2433MEP Rough In35 daysThu 6/27/24Wed 8/14/2434Inspections3 daysThu 8/15/24Mon 8/19/2435Insulation3 daysTue 8/20/24Thu 8/22/2436Drywall20 daysFri 8/23/24Thu 9/19/2437Siding20 daysThu 7/4/24Wed 7/31/2438Interior Finishes25 daysFri 9/20/24Thu 10/24/2439Inspections5 daysFri 10/25/24Thu 10/31/2440Punch List5 daysFri 11/1/24Thu 11/7/2441Move In Ready0 daysThu 11/7/24Thu 11/7/2442Building 2145 daysTue 5/14/24Mon 12/2/2443Building 3145 daysTue 6/4/24Mon 12/23/2444Building 4145 daysTue 6/25/24Mon 1/13/2545Building 5145 daysTue 7/16/24Mon 2/3/2546Building 6145 daysTue 8/6/24Mon 2/24/2547Building 7145 daysTue 8/27/24Mon 3/17/259/8Preconstruction9/8RFQ Issued9/8GC Bids due10/13GC Interviews11/7GC Selection11/8Contract Negotiation11/21Limited Notice to Proceed11/8Owner Closing11/22Submittals/procurement12/6Submit for Building Permit3/15Notice to Proceed4/1Construction4/1Mobilize4/3Temp Fence4/5Strip and Clear Site4/19General Grade6/21Site Utilities9/13Rough Grade Site10/25Install Hardscapes11/22Install Roadways2/21Landscape3/21Finishes4/19Building 14/19Excavate4/23Footings and Walls5/2Backfill5/7Underslab Utilities5/14Underslab Insulation5/16Pour Slab5/20Framing6/24Roofing6/27Windows and Ext Doors6/27MEP Rough In8/15Inspections8/20Insulation8/23Drywall7/4Siding9/20Interior Finishes10/25Inspections11/1Punch List11/7Move In Ready5/14Building 26/4Building 36/25Building 47/16Building 58/6Building 68/27Building 7JulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSep3rd Quarter4th Quarter1st Quarter2nd Quarter3rd Quarter4th Quarter1st Quarter2nd Quarter3rd Quarter4th QuarterALLEGRONE COMPANIESPage 1Laurel St ScheduleEXHIBIT C