The URL can be used to link to this page

Home My WebLink AboutWPO201900034 VSMP - SWPPP 2020-02-18 Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Tel. (434) 296-5832 ● Fax (434) 972-4126 Stormwater Pollution Prevention Plan (SWPPP) For Construction Activities At: Project Name: UVA Encompass Health Rehabilitation Hospital WPO#201900034 3640 Lonesome Pine Lane Charlottesville, Virginia 22911 Prepared by: Timmons Group 608 Preston Avenue, Suite 200 Charlottesville, VA 22903 Contact: John Hash, P.E. 434.327.1691 Prepared for: Encompass Health 3600 Grandview Parkway, Suite 200 Birmingham, AL 35243 Contact: Elizabeth Mann 205.970.7850 SWPPP Preparation Date: February 14, 2020 (This document is to be made publicly available according to 9VAC25-880-70, Part II, section D) Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County CONTENTS: (from Albemarle County Code Sec. 17-405) 1. Registration statement 2. Notice of general permit coverage 3. Nature of activity 4. Erosion and Sediment Control Plan. 5. Stormwater Management Plan 6. Pollution Prevention Plan. 7. Discharges to impaired waters, surface waters within an applicable TMDL wasteload allocation, and exceptional waters. 8. Qualified personnel 9. Signed Certification 10. Delegation of authority. 11. General permit copy 12. Inspection logs 13. Wetland permit copy Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 1. Registration statement (Provide a signed completed copy of the DEQ registration statement) Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 2. Notice of general permit coverage (This notice is to be posted near the main entrance according to 9VAC25-880-70, Part II, section C.) (Provide a copy of the DEQ coverage letter when obtained) Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 3. Nature of activity (Provide a detailed narrative of the construction activities. Include or reference a construction schedule and sequence. Include any phasing.) This project includes the construction of a rehabilitation hospital and associated parking, utilities & landscaping. Limits of clearing and grading area is 8.11 acres. The property is bounded by a fire rescue station and vacant land to the south. To the east, north and west there is mostly vacant wooded property. All construction shall take place in accordance with the Erosion and Sediment Control Sequence of Installation on plan sheet C3.0. Estimated construction dates are as indicated on the Registration Statement. Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 4. Erosion and Sediment Control Plan. (Provide a reduced, 11x17 copy of the latest Erosion and Sediment Control Plan. Do not reference only.) Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 5. Stormwater Management Plan (Provide a reduced 11x17 copy of the latest stormwater management plan. Do not reference only.) Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 6. Pollution Prevention Plan. (reference County Code 17-404 and State Regulation 9VAC25-880-70 part II section A.4) A. Plan showing pollution activities and prevention practices (Provide a reduced 11x17 copy of a site plan on which all of the following activity locations are clearly marked. Keep this plan up-to-date with ongoing site changes and inspections.) Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County B. Sources of Pollutants, locations, and prevention practices Pollutant, or Pollutant Generating Activity Location on site Prevention Practices, Control Measures C. Sources of Pollutants continued. Common activities and minimum control and prevention practices Pollutant, or Pollutant Generating Activity Location on site Prevention Practices, Control Measures Clearing, grading, excavating, and un- stabilized areas Land disturbance area Follow Erosion and Sediment Control Plan. Dispose of clearing debris at acceptable disposal sites. Seed and mulch, or sod within 7 days of land clearing Paving operations Roads and driveways Cover storm drain inlets and use drip pans and absorbent/oil dry for all paving machines to limit leaks and spills Concrete washout and cement waste Concrete washout shall occur in area adjacent to the construction entrance as designated on the Pollution Prevention Plan. Direct concrete wash water into a leak- proof container or leak-proof settling basin that is designed so that no overflows can occur Structure construction, stucco, painting and cleaning Structures Enclose or cover material storage areas. Mix paint indoors in a containment area or in a flat unpaved area. Prevent the discharge of soaps, solvents, detergents and wash water, paint, form release oils and curing compounds. Dewatering operations Dewatering if necessary when converting culvert inlet protection shown on plans Water shall be filtered, settled or similarly treated prior to discharge as shown on plan. Material delivery and storage Adjacent to construction entrance and construction trailer. Designated areas for material delivery and storage. Placed near construction entrances, away from waterways and drainage paths Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Pollutant, or Pollutant Generating Activity Location on site Prevention Practices, Control Measures Material use during building process Building areas Follow manufacturer’s instructions. MSDS’s attached. Solid waste disposal As provided by contractor Waste collection area will not receive a substantial amount of runoff from upland areas and does not drain directly to a waterway. Containers have lids covered before periods of rain, or are in a covered area. Scheduled collection to prevent overfilling. MATERIALS NOT TO BE BURIED ON-SITE Sanitary waste Current locations shown on plan Convenient and well-maintained portable sanitary facilities will be provided, and located away from waterways or inlets. Such facilities shall be regularly maintained. Landscaping operations Landscape areas shown on plan Apply fertilizers in accordance with manufacturer’s recommendations and not during rainfall events Wash Waters Wash area is located at the construction entrance. Adjacent diversion dike will divert wash water to sediment trap. To be treated in a sediment basin or better control as specified on plan. Minimize the discharge of pollutants from equipment and vehicle washing Vehicle and equipment washing Designated areas and details shown on plan Provide containment and filtering for all wash waters per the plan Minimization of exposure to precipitation and stormwater. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater. (Identify all non-stormwater discharges to occur on your site. Keep this plan up-to-date with ongoing site changes and inspections. See CGP, 9VAC25-880-70 section E for examples of non-stormwater discharges.) D. Non-stormwater discharges Discharge Pollutants or Pollutant Constituents Location on Site Dust control water Sediment As shown on plan Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Discharge Pollutants or Pollutant Constituents Location on Site E. Persons responsible for pollution prevention practices (Provide the names and contact information for all persons responsible for prevention practices as listed above.) M.J. Harris Construction Services, LLC Matt Hall - VP Operations 1 Riverchase Ridge, Suite 300 Birmingham, AL 35244 205-612-8233 F. Response and reporting practices Minimize discharges from spills and leaks. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures as follows. Respond to all spills, leaks and discharges as follows; Materials and equipment necessary for oil or chemical spill cleanup will be kept in the temporary material storage trailer onsite. Equipment will include, but not be limited to, brooms, dust pans, mops, rags, gloves, goggles, kitty litter, sand, saw dust, and plastic and metal trash containers. All oil or other chemical spills will be cleaned up immediately upon discovery. Identify and stop source of discharge. Use absorptive materials to soak up as much chemical as possible. Place all contaminated material in trash containers for disposal. Report all spills, leaks and discharges as follows; (Provide detailed response and reporting practices according to 9VAC25-880-70, Part II, section A.4.e.) Reports will be made to the following: Virginia Department of Emergency Management Emergency Operations Center (EOC) Phone: (800) 468-8892 Spills large enough to reach the storm sewers will be reported to the National Response Center at 1-800-424-8802. WWWWWWWSAN DS S INLETOUTLET INLETOUTLET TMP# 32-18UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATIOND.B. 2712 PG. 325 D.B. 2635 PG. 454D.B. 1802 PG. 68210.588 ACRES (ADJUSTED) INV. IN 15" RCPELEV.=580.80' INV. OUT 15" RCPELEV.=579.77' SPRING VAULT WIRE FENCE WIRE FENCE WIRE FENCE WIRE FENCE WIRE FENCE GRAVEL R O A D G R A V E L R O A D ASPHALT PARKING LONESO M E P I N E L A N E 160.32'TMP# 32-17 GOLD LEAF LAND TRUST NO 3,WENDELL D.B. 1745 PG. 696 X X X X X555 STEEP SLOPES(PRESERVED) X XXXX X X UF O UFO STEEP SLOPES(MANAGED) CENTERLINE OF STREAM 50' STREAM BUFFER 100' STREAM BUFFER LOOP ROAD WETLANDS WETLANDS WETLANDS S72°11'59"E 187.76'E13E18E19575580 58 0 5 7 5 5 7 0 575570565560555 5 5 0545545550555560565570 575 580 595 590 590 585 580 575 5755 6 5 570 575 58 0585590 580 575 570 580 575 570 565 560 555 550 545 540 530525530550 575 580585590 580575 585580 575 560 55 0 540 535 570 565 58558 0 5 7 5 570 565 585 560565545540535540545535 555 5 7 0 5 7 5 5 8 0 585 TMP# 32-6R UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION D.B. 2712 PG. 325 D.B. 1684 PG. 255 5 7 5 58 0 5 7 5 5 8 0 580TPTP TP TP 570 570 565 565 D D 573 TP TP TP TPTPTPTPCONCRETE WASHOUT PROPOSED CONSTRUCTION ENTRANCE CONSTRUCTION TRAILER TEMPORARY TOILETS ABOVE GROUND FUEL CONTAINER WITH IMPERMEABLE HEAVY-MIL LINER. VOLUME SUFFICIENT TO CONTAIN STORED FUELED VOLUME + 10% (GAS/DEISEL DUMPSTER MORTAR MIXING STATION 0 SCALE 1"=80' 160'80'POLLUTION PREVENTION PLAN - PHASE 1 02/14/2020 UVA ENCOMPASS HEALTH REHABILITATION HOSPITAL WWWWWWW INLETOUTLET INLETOUTLET TMP# 32-18 UNIVERSITY OF VIRGINIAREAL ESTATE FOUNDATION D.B. 2712 PG. 325D.B. 2635 PG. 454 D.B. 1802 PG. 68210.588 ACRES (ADJUSTED) SPRING VAULT WIRE FENCE WIRE FENCE WIRE FENCE G R A V E L R O A D POND / TRAP MEAN EDGE OF WATER =569.20' - FEBRUARY 26, 2019160.32'TMP# 32-17GOLD LEAF LAND TRUST NO 3, WENDELLD.B. 1745 PG. 696 X X X X X555 STEEP SLOPES(PRESERVED) X X X UF O UFO STEEP SLOPES(MANAGED) CENTERLINE OF STREAM 50' STREAM BUFFER 100' STREAM BUFFER LOOP ROAD WETLANDS WETLANDS WETLANDS N21°18'25"E 655.78'S72°11'59"E 187.76'E13E18E19575580 580 5 7 5 5 7 0 575570565560555 5 5 0545545550555560565570 575 580 595 590 590 585 580 575 5755 6 5 570 575 58 0585590 580 575 570 580 575 570 565 560 555 550 545 540 530525530550 575 580585590 580575 585580 575 560 55 0 540 535 570 565 58558 0 5 7 5 570 565 585 560565545540535540545535 555 5 7 0 5 7 5 5 8 0 585 TMP# 32-6R UNIVERSITY OF VIRGINIA REAL ESTATE FOUNDATION D.B. 2712 PG. 325 D.B. 1684 PG. 255 CONCRETE WASHOUT PROPOSED CONSTRUCTION ENTRANCE CONSTRUCTION TRAILER TEMPORARY TOILETS ABOVE GROUND FUEL CONTAINER WITH IMPERMEABLE HEAVY-MIL LINER. VOLUME SUFFICIENT TO CONTAIN STORED FUELED VOLUME + 10% (GAS/DEISEL DUMPSTER MORTAR MIXING STATION 5 8 0 57 5 57 5580 580573 572 572 573 573572571D 570 565 565 560 555 550 TP TP TP TP 570 570 565 565 D D D D D 540 535 D D TP0.9' AVG DIA. RIPRAPCLASS AI WIDTH 1 = 9' WIDTH 2 = 21' LENGTH = 18' DEPTH = 1.0' 527 530 545 550 555568 566 572 573 5 2 6 TP TP TP TPTPTPTP0 SCALE 1"=80' 160'80'POLLUTION PREVENTION PLAN - PHASE 2 02/14/2020 UVA ENCOMPASS HEALTH REHABILITATION HOSPITAL INLETOUTLET INLETOUTLET TP TP TP TPTPTPTPTPTP TP TP TPTP TP TP TPTPTPTPTPTP TP TP TPD D DDD D D D D D D DSSPRING VAULT WIRE FENCE WIRE FENCE STORM INLET W/GRATE2.5' X 2.5' X X X X X555 STEEP SLOPES(PRESERVED) X X UF O UFO STEEP SLOPES(MANAGED) CENTERLINE OF STREAM 50' STREAM BUFFER 100' STREAM BUFFER LOOP ROAD WETLANDS WETLANDS 58 0 5 7 5 5 7 0 575570565560555 5 5 0545545550555560565570 575 580 595 590 590 585 580 575 5755 6 5 570 575 58 0585590 575 570 580 575 570 565 560 555 550 545 540 530525530550 575 580585590 580575 585580 575 560 55 0 540 535 570 565 58558 0 5 7 5 570 565 585 560565545540535540545535 555 5 7 0 5 7 5 5 8 0 585 5 6 5 DSCONCRETE WASHOUT PROPOSED CONSTRUCTION ENTRANCE CONSTRUCTION TRAILER ABOVE GROUND FUEL CONTAINER WITH IMPERMEABLE HEAVY-MIL LINER. VOLUME SUFFICIENT TO CONTAIN STORED FUELED VOLUME + 10% (GAS/DEISEL DUMPSTER MORTAR MIXING STATION TEMPORARY TOILETS 0 SCALE 1"=80' 160'80'POLLUTION PREVENTION PLAN - PHASE 3 02/14/2020 UVA ENCOMPASS HEALTH REHABILITATION HOSPITAL Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County G. Pollution Prevention Awareness (Describe training and procedures to provide awareness and compliance for all measures in this document; waste management, wash waters, prevention measures, etc.) The registered land disturber shall oversee all construction activities to implement and maintain pollution prevention measures. As such training and procedures shall be provided by contractor for each worker on site before they begin land disturbing activities. Training on implementation of erosion and sediment control devices/procedures must be provided by registered land disturber each time a new E&SC procedure is constructed. Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 7. Discharges to impaired waters, surface waters within an applicable TMDL wasteload allocation, and exceptional waters. This site discharges to impaired waters as detailed on the following sheets. Enhanced inspection frequency is required as outlined below: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit. Addition items for implementation: (1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site. (2) Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management plan and shall not be applied during rainfall events. Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 8. Qualified personnel The following personnel are responsible for inspections; (Provide the name, telephone number, and qualifications of the qualified personnel conducting inspections.) M.J. Harris Construction Services, LLC Matt Hall VP Operations 1 Riverchase Ridge, Suite 300 Birmingham, AL 35244 205-612-8233 Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 10. Delegation of authority. (Provide the persons or positions with authority to sign inspection reports or to modify the stormwater pollution prevention plan. A formal, signed delegation of authority is needed.) Delegation of Authority I, _______________________ (name), 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 ____________________________________ construction site. The designee is authorized to sign any reports, stormwater pollution prevention plans and all other documents required by the permit. ________________________________________ (name of person or position) ________________________________________ (company) ________________________________________ (address) ________________________________________ (city, state, zip) ________________________________________ (phone) By signing this authorization, I confirm that I meet the requirements to make such a designation as set forth in the Construction General Permit (CGP), and that the designee above meets the definition of a “duly authorized representative”. Operator Name: _____________________________________________ Company: _____________________________________________ Title: _____________________________________________ Signature: _____________________________________________ Date: _____________________________________________ Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 11. General permit copy (Provide a copy of the construction general permit, 9VAC25-880) COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY General Permit No.: VAR10 Effective Date: July 1, 2019 Expiration Date: June 30, 2024 GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT PROGRAM AND THE VIRGINIA STORMWATER MANAGEMENT ACT In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the Virginia Stormwater Management Act and regulations adopted pursuant thereto, operators of construction activities are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in State Water Control Board regulations that prohibit such discharges. The authorized discharge shall be in accordance with the registration statement filed with the Department of Environmental Quality, this cover page, Part I - Discharge Authorization and Special Conditions, Part II - Stormwater Pollution Prevention Plan, and Part III - Conditions Applicable to All VPDES Permits as set forth in this general permit. Construction General Permit Effective July 1, 2019 Page 2 of 26 PART I DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS A. Coverage under this general permit. 1. During the period beginning with the date of coverage under this general permit and lasting until the general permit's expiration date, the operator is authorized to discharge stormwater from construction activities. 2. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that: a. The support activity is directly related to the construction activity that is required to have general permit coverage for discharges of stormwater from construction activities; b. The support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators; c. The support activity does not operate beyond the completion of the last construction activity it supports; d. The support activity is identified in the registration statement at the time of general permit coverage; e. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and f. All applicable state, federal, and local approvals are obtained for the support activity. B. Limitations on coverage. 1. Post-construction discharges. This general permit does not authorize stormwater discharges that originate from the site after construction activities have been completed and the site, including any support activity sites covered under the general permit registration, has undergone final stabilization. Post-construction industrial stormwater discharges may need to be covered by a separate VPDES permit. 2. Discharges mixed with nonstormwater. This general permit does not authorize discharges that are mixed with sources of nonstormwater, other than those discharges that are identified in Part I E (Authorized nonstormwater discharges) and are in compliance with this general permit. 3. Discharges covered by another state permit. This general permit does not authorize discharges of stormwater from construction activities that have been covered under an individual permit or required to obtain coverage under an alternative general permit. Page 3 of 26 4. Impaired waters and total maximum daily load (TMDL) limitation. a. Nutrient and sediment impaired waters. Discharges of stormwater from construction activities to surface waters identified as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit for (i) sediment or a sediment-related parameter (i.e., total suspended solids or turbidity) or (ii) nutrients (i.e., nitrogen or phosphorus) are not eligible for coverage under this general permit unless the operator develops, implements, and maintains a stormwater pollution prevention plan (SWPPP) in accordance with Part II B 5 of this permit that minimizes the pollutants of concern and, when applicable, is consistent with the assumptions and requirements of the approved TMDL wasteload allocations and implements an inspection frequency consistent with Part II G 2 a. b. Polychlorinated biphenyl (PCB) impaired waters. Discharges of stormwater from construction activities that include the demolition of any structure with at least 10,000 square feet of floor space built or renovated before January 1, 1980, to surface waters identified as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit for PCB are not eligible for coverage under this general permit unless the operator develops, implements, and maintains a SWPPP in accordance with Part II B 6 of this permit that minimizes the pollutants of concern and, when applicable, is consistent with the assumptions and requirements of the approved TMDL wasteload allocations, and implements an inspection frequency consistent with Part II G 2 a. 5. Exceptional waters limitation. Discharges of stormwater from construction activities not previously covered under the general permit effective on July 1, 2014, to exceptional waters identified in 9VAC25-260-30 A 3 c are not eligible for coverage under this general permit unless the operator develops, implements, and maintains a SWPPP in accordance with Part II B 7 of this permit and implements an inspection frequency consistent with Part II G 2 a. 6. There shall be no discharge of floating solids or visible foam in other than trace amounts. C. Commingled discharges. Discharges authorized by this general permit may be commingled with other sources of stormwater that are not required to be covered under a state permit, so long as the commingled discharge is in compliance with this general permit. Discharges authorized by a separate state or VPDES permit may be commingled with discharges authorized by this general permit so long as all such discharges comply with all applicable state and VPDES permit requirements. D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, I C, and I E, all discharges covered by this general permit shall be composed entirely of stormwater associated with construction activities. All other discharges including the following are prohibited: 1. Wastewater from washout of concrete; 2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; Page 4 of 26 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; 4. Oils, toxic substances, or hazardous substances from spills or other releases; and 5. Soaps, solvents, or detergents used in equipment and vehicle washing. E. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by this general permit when discharged in compliance with this general permit: 1. Discharges from firefighting activities; 2. Fire hydrant flushings; 3. Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge; 5. Potable water sources, including uncontaminated waterline flushings, managed in a manner to avoid an instream impact; 6. Routine external building wash down where soaps, solvents or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (or where all spilled or leaked material has been removed prior to washing); where soaps, solvents, or detergents have not been used; and where the wash water has been filtered, settled, or similarly treated prior to discharge; 8. Uncontaminated air conditioning or compressor condensate; 9. Uncontaminated ground water or spring water; 10. Foundation or footing drains where flows are not contaminated with process materials such as solvents; 11. Uncontaminated excavation dewatering, including dewatering of trenches and excavations that have been filtered, settled, or similarly treated prior to discharge; and 12. Landscape irrigation. F. Termination of general permit coverage. 1. The operator of the construction activity shall submit a notice of termination in accordance with 9VAC25-880-60, unless a registration statement was not required to be submitted in accordance with 9VAC25-880-50 A 1 c or A 2 b for single-family detached residential structures, to the VSMP authority after one or more of the following conditions have been met: Page 5 of 26 a. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator has operational control. When applicable, long term responsibility and maintenance requirements for permanent control measures shall be recorded in the local land records prior to the submission of a complete and accurate notice of termination and the construction record drawing prepared; b. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; c. Coverage under an alternative VPDES or state permit has been obtained; or d. For individual lots in residential construction only, final stabilization as defined in 9VAC25- 880-1 has been completed, including providing written notification to the homeowner and incorporating a copy of the notification and signed certification statement into the SWPPP, and the residence has been transferred to the homeowner. 2. The notice of termination shall be submitted no later than 30 days after one of the above conditions in subdivision 1 of this subsection is met. 3. Termination of authorization to discharge for the conditions set forth in subdivision 1 a of this subsection shall be effective upon notification from the department that the provisions of subdivision 1 a of this subsection have been met or 60 days after submittal of a complete and accurate notice of termination in accordance with 9VAC25-880-60 C, whichever occurs first. 4. Authorization to discharge terminates at midnight on the date that the notice of termination is submitted for the conditions set forth in subdivisions 1 b through 1 d of this subsection unless otherwise notified by the VSMP authority or department. 5. The notice of termination shall be signed in accordance with Part III K of this general permit. G. Water quality protection. 1. The operator shall select, install, implement, and maintain control measures as identified in the SWPPP at the construction site that minimize pollutants in the discharge as necessary to ensure that the operator's discharge does not cause or contribute to an excursion above any applicable water quality standard. 2. If it is determined by the department that the operator's discharges are causing, have reasonable potential to cause, or are contributing to an excursion above any applicable water quality standard, the department, in consultation with the VSMP authority, may take appropriate enforcement action and require the operator to: a. Modify or implement additional control measures in accordance with Part II C to adequately address the identified water quality concerns; b. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or Page 6 of 26 c. Submit an individual permit application in accordance with 9VAC25-870-410 B 3. All written responses required under this chapter shall include a signed certification consistent with Part III K. PART II STORMWATER POLLUTION PREVENTION PLAN A. Stormwater pollution prevent plan. 1. A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission of a registration statement and implemented for the construction activity, including any support activity, covered by this general permit. SWPPPs shall be prepared in accordance with good engineering practices. Construction activities that are part of a larger common plan of development or sale and disturb less than one acre may utilize a SWPPP template provided by the department and need not provide a separate stormwater management plan if one has been prepared and implemented for the larger common plan of development or sale. 2. The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans such as a spill prevention control and countermeasure (SPCC) plan developed for the site under § 311 of the federal Clean Water Act or best management practices (BMP) programs otherwise required for the facility provided that the incorporated plan meets or exceeds the SWPPP requirements of Part II B. All plans incorporated by reference into the SWPPP become enforceable under this general permit. If a plan incorporated by reference does not contain all of the required elements of the SWPPP, the operator shall develop the missing elements and include them in the SWPPP. 3. Any operator that was authorized to discharge under the general permit effective July 1, 2014, and that intends to continue coverage under this general permit, shall update its stormwater pollution prevention plan to comply with the requirements of this general permit no later than 60 days after the date of coverage under this general permit. B. Contents. The SWPPP shall include the following items: 1. General information. a. A signed copy of the registration statement, if required, for coverage under the general VPDES permit for discharges of stormwater from construction activities; b. Upon receipt, a copy of the notice of coverage under the general VPDES permit for discharges of stormwater from construction activities (i.e., notice of coverage letter); c. Upon receipt, a copy of the general VPDES permit for discharges of stormwater from construction activities; d. A narrative description of the nature of the construction activity, including the function of the project (e.g., low density residential, shopping mall, highway, etc.); e. A legible site plan identifying: Page 7 of 26 (1) Directions of stormwater flow and approximate slopes anticipated after major grading activities; (2) Limits of land disturbance including steep slopes and natural buffers around surface waters that will not be disturbed; (3) Locations of major structural and nonstructural control measures, including sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to filter, settle, or similarly treat sediment, that will be installed between disturbed areas and the undisturbed vegetated areas in order to increase sediment removal and maximize stormwater infiltration; (4) Locations of surface waters; (5) Locations where concentrated stormwater is discharged; (6) Locations of any support activities, including (i) areas where equipment and vehicle washing, wheel wash water, and other wash water is to occur; (ii) storage areas for chemicals such as acids, fuels, fertilizers, and other lawn care chemicals; (iii) concrete wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste facilities, including those temporarily placed on the construction site; and (vi) construction waste storage; and (7) When applicable, the location of the on-site rain gauge or the methodology established in consultation with the VSMP authority used to identify measurable storm events for inspection as allowed by Part II G 2 a (1) (ii) or Part II G 2 b (2). 2. Erosion and sediment control plan. a. An erosion and sediment control plan designed and approved in accordance with the Virginia Erosion and Sediment Control Regulations (9VAC25-840), an "agreement in lieu of a plan" as defined in 9VAC25-840-10 from the VESCP authority, or an erosion and sediment control plan prepared in accordance with annual standards and specifications approved by the department. b. All erosion and sediment control plans shall include a statement describing the maintenance responsibilities required for the erosion and sediment controls used. c. An approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion and sediment control plan prepared in accordance with department-approved annual standards and specifications, implemented to: (1) Control the volume and velocity of stormwater runoff within the site to minimize soil erosion; (2) Control stormwater discharges, including peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion; Page 8 of 26 (3) Minimize the amount of soil exposed during the construction activity; (4) Minimize the disturbance of steep slopes; (5) Minimize sediment discharges from the site in a manner that addresses (i) the amount, frequency, intensity, and duration of precipitation; (ii) the nature of resulting stormwater runoff; and (iii) soil characteristics, including the range of soil particle sizes present on the site; (6) Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal, and maximize stormwater infiltration, unless infeasible; (7) Minimize soil compaction and, unless infeasible, preserve topsoil; (8) Ensure initiation of stabilization activities, as defined in 9VAC25-880-1, of disturbed areas immediately whenever any clearing, grading, excavating, or other land- disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 days; and (9) Utilize outlet structures that withdraw stormwater from the surface (i.e., above the permanent pool or wet storage water surface elevation), unless infeasible, when discharging from sediment basins or sediment traps. 3. Stormwater management plan. a. Except for those projects identified in Part II B 3 b, a stormwater management plan approved by the VSMP authority as authorized under the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870), or an "agreement in lieu of a stormwater management plan" as defined in 9VAC25-870-10 from the VSMP authority, or a stormwater management plan prepared in accordance with annual standards and specifications approved by the department. b. For any operator meeting the conditions of 9VAC25-870-47 B of the VSMP regulation, an approved stormwater management plan is not required. In lieu of an approved stormwater management plan, the SWPPP shall include a description of, and all necessary calculations supporting, all post-construction stormwater management measures that will be installed prior to the completion of the construction process to control pollutants in stormwater discharges after construction operations have been completed. Structural measures should be placed on upland soils to the degree possible. Such measures must be designed and installed in accordance with applicable VESCP authority, VSMP authority, state, and federal requirements, and any necessary permits must be obtained. 4. Pollution prevention plan. A pollution prevention plan that addresses potential pollutant- generating activities that may reasonably be expected to affect the quality of stormwater discharges from the construction activity, including any support activity. The pollution prevention plan shall: a. Identify the potential pollutant-generating activities and the pollutant that is expected to be exposed to stormwater; Page 9 of 26 b. Describe the location where the potential pollutant-generating activities will occur, or if identified on the site plan, reference the site plan; c. Identify all nonstormwater discharges, as authorized in Part I E of this general permit, that are or will be commingled with stormwater discharges from the construction activity, including any applicable support activity; d. Identify the person responsible for implementing the pollution prevention practice or practices for each pollutant-generating activity (if other than the person listed as the qualified personnel); e. Describe the pollution prevention practices and procedures that will be implemented to: (1) Prevent and respond to leaks, spills, and other releases including (i) procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and other releases; and (ii) procedures for reporting leaks, spills, and other releases in accordance with Part III G; (2) Prevent the discharge of spilled and leaked fuels and chemicals from vehicle fueling and maintenance activities (e.g., providing secondary containment such as spill berms, decks, spill containment pallets, providing cover where appropriate, and having spill kits readily available); (3) Prevent the discharge of soaps, solvents, detergents, and wash water from construction materials, including the clean-up of stucco, paint, form release oils, and curing compounds (e.g., providing (i) cover (e.g., plastic sheeting or temporary roofs) to prevent contact with stormwater; (ii) collection and proper disposal in a manner to prevent contact with stormwater; and (iii) a similarly effective means designed to prevent discharge of these pollutants); (4) Minimize the discharge of pollutants from vehicle and equipment washing, wheel wash water, and other types of washing (e.g., locating activities away from surface waters and stormwater inlets or conveyance and directing wash waters to sediment basins or traps, using filtration devices such as filter bags or sand filters, or using similarly effective controls); (5) Direct concrete wash water into a leak-proof container or leak-proof settling basin. The container or basin shall be designed so that no overflows can occur due to inadequate sizing or precipitation. Hardened concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wastes. Liquid concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wash waters and shall not be discharged to surface waters; (6) Minimize the discharge of pollutants from storage, handling, and disposal of construction products, materials, and wastes including (i) building products such as asphalt sealants, copper flashing, roofing materials, adhesives, and concrete admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and landscape Page 10 of 26 materials; and (iii) construction and domestic wastes such as packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, Styrofoam, concrete, and other trash or building materials; (7) Prevent the discharge of fuels, oils, and other petroleum products, hazardous or toxic wastes, waste concrete, and sanitary wastes; (8) Address any other discharge from the potential pollutant-generating activities not addressed above; (9) Minimize the exposure of waste materials to precipitation by closing or covering waste containers during precipitation events and at the end of the business day, or implementing other similarly effective practices. Minimization of exposure is not required in cases where the exposure to precipitation will not result in a discharge of pollutants; and f. Describe procedures for providing pollution prevention awareness of all applicable wastes, including any wash water, disposal practices, and applicable disposal locations of such wastes, to personnel in order to comply with the conditions of this general permit. The operator shall implement the procedures described in the SWPPP. 5. SWPPP requirements for discharges to nutrient and sediment impaired waters. For discharges to surface waters (i) identified as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report or (ii) with an applicable TMDL wasteload allocation established and approved prior to the term of this general permit for sediment for a sediment- related parameter (i.e., total suspended solids or turbidity) or nutrients (i.e., nitrogen or phosphorus), the operator shall: a. Identify the impaired waters, approved TMDLs, and pollutants of concern in the SWPPP; and b. Provide clear direction in the SWPPP that: (1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; (2) Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and (3) A modified inspection schedule shall be implemented in accordance with Part II G 2 a. 6. SWPPP requirements for discharges to polychlorinated biphenyl (PCB) impaired waters. For discharges from construction activities that include the demolition of any structure with at least 10,000 square feet of floor space built or renovated before January 1, 1980, to surface waters (i) identified as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report or (ii) with an applicable TMDL wasteload allocation established and approved prior to the term of this general permit for PCB, the operator shall: Page 11 of 26 a. Identify the impaired waters, approved TMDLs, and pollutant of concern in the SWPPP; b. Implement the approved erosion and sediment control plan in accordance with Part II B 2; c. Dispose of waste materials in compliance with applicable state, federal, and local requirements; and d. Implement a modified inspection schedule in accordance with Part II G 2 a. 7. SWPPP requirements for discharges to exceptional waters. For discharges to surface waters identified in 9VAC25-260-30 A 3 c as an exceptional water, the operator shall: a. Identify the exceptional surface waters in the SWPPP; and b. Provide clear direction in the SWPPP that: (1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; (2) Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and (3) A modified inspection schedule shall be implemented in accordance with Part II G 2 a. 8. Identification of qualified personnel. The name, phone number, and qualifications of the qualified personnel conducting inspections required by this general permit. 9. Delegation of authority. The individuals or positions with delegated authority, in accordance with Part III K, to sign inspection reports or modify the SWPPP. 10. SWPPP signature. The SWPPP shall be signed and dated in accordance with Part III K. C. SWPPP amendments, modification, and updates. 1. The operator shall amend the SWPPP whenever there is a change in the design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters and that has not been previously addressed in the SWPPP. 2. The SWPPP shall be amended if, during inspections or investigations by the operator's qualified personnel, or by local, state, or federal officials, it is determined that the existing control measures are ineffective in minimizing pollutants in discharges from the construction activity. Revisions to the SWPPP shall include additional or modified control measures designed and implemented to correct problems identified. If approval by the VESCP authority, VSMP authority, or department is necessary for the control measure, revisions to the SWPPP shall be completed no later than seven calendar days following approval. Implementation of these additional or modified control measures shall be accomplished as described in Part II H. Page 12 of 26 3. The SWPPP shall clearly identify the contractors that will implement and maintain each control measure identified in the SWPPP. The SWPPP shall be amended to identify any new contractor that will implement and maintain a control measure. 4. The operator shall update the SWPPP as soon as possible but no later than seven days following any modification to its implementation. All modifications or updates to the SWPPP shall be noted and shall include the following items: a. A record of dates when: (1) Major grading activities occur; (2) Construction activities temporarily or permanently cease on a portion of the site; and (3) Stabilization measures are initiated; b. Documentation of replaced or modified controls where periodic inspections or other information have indicated that the controls have been used inappropriately or incorrectly and were modified; c. Areas that have reached final stabilization and where no further SWPPP or inspection requirements apply; d. All properties that are no longer under the legal control of the operator and the dates on which the operator no longer had legal control over each property; e. The date of any prohibited discharges, the discharge volume released, and what actions were taken to minimize the impact of the release; f. Measures taken to prevent the reoccurrence of any prohibited discharge; and g. Measures taken to address any evidence identified as a result of an inspection required under Part II G. 5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Part III K. D. Public notification. Upon commencement of land disturbance, the operator shall post conspicuously a copy of the notice of coverage letter near the main entrance of the construction activity. For linear projects, the operator shall post the notice of coverage letter at a publicly accessible location near an active part of the construction project (e.g., where a pipeline crosses a public road). The operator shall maintain the posted information until termination of general permit coverage as specified in Part I F. E. SWPPP availability. 1. Operators with day-to-day operational control over SWPPP implementation shall have a copy of the SWPPP available at a central location on-site for use by those identified as having responsibilities under the SWPPP whenever they are on the construction site. Page 13 of 26 2. The operator shall make the SWPPP and all amendments, modifications, and updates available upon request to the department, the VSMP authority, the EPA, the VESCP authority, local government officials, or the operator of a municipal separate storm sewer system receiving discharges from the construction activity. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the SWPPP's location shall be posted near the main entrance of the construction site. 3. The operator shall make the SWPPP available for public review in an electronic format or in hard copy. Information for public access to the SWPPP shall be posted and maintained in accordance with Part II D. If not provided electronically, public access to the SWPPP may be arranged upon request at a time and at a publicly accessible location convenient to the operator or his designee but shall be no less than once per month and shall be during normal business hours. Information not required to be contained within the SWPPP by this general permit is not required to be released. F. SWPPP implementation. The operator shall implement the SWPPP and subsequent amendments, modifications, and updates from commencement of land disturbance until termination of general permit coverage as specified in Part I F. 1. All control measures shall be properly maintained in effective operating condition in accordance with good engineering practices and, where applicable, manufacturer specifications. If a site inspection required by Part II G identifies a control measure that is not operating effectively, corrective actions shall be completed as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority, to maintain the continued effectiveness of the control measures. 2. If site inspections required by Part II G identify an existing control measure that needs to be modified or if an additional or alternative control measure is necessary for any reason, implementation shall be completed prior to the next anticipated measurable storm event. If implementation prior to the next anticipated measurable storm event is impracticable, then additional or alternative control measures shall be implemented as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority. G. SWPPP Inspections. 1. Personnel responsible for on-site and off-site inspections. Inspections required by this general permit shall be conducted by the qualified personnel identified by the operator in the SWPPP. The operator is responsible for ensuring that the qualified personnel conduct the inspection. 2. Inspection schedule. a. For construction activities that discharge to a surface water identified in Part II B 5 and B 6 as impaired or having an approved TMDL or Part I B 7 as exceptional, the following inspection schedule requirements apply: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 24 hours following a measurable storm event. In the event that a measurable storm event occurs when Page 14 of 26 there are more than 24 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections as authorized in Part II G 2 d shall not be allowed. b. Except as specified in Part II G 2 a, inspections shall be conducted at a frequency of: (1) At least once every five business days; or (2) At least once every 10 business days and no later than 24 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 24 hours between business days, the inspection shall be conducted on the next business day. c. Where areas have been temporarily stabilized or land-disturbing activities will be suspended due to continuous frozen ground conditions and stormwater discharges are unlikely, the inspection frequency described in Part II G 2 a and 2 b may be reduced to once per month. If weather conditions (such as above freezing temperatures or rain or snow events) make discharges likely, the operator shall immediately resume the regular inspection frequency. d. Except as prohibited in Part II G 2 a (2), representative inspections may be utilized for utility line installation, pipeline construction, or other similar linear construction activities provided that: (1) Temporary or permanent soil stabilization has been installed and vehicle access may compromise the temporary or permanent soil stabilization and potentially cause additional land disturbance increasing the potential for erosion; (2) Inspections occur on the same frequency as other construction activities; (3) Control measures are inspected along the construction site 0.25 miles above and below each access point (i.e., where a roadway, undisturbed right-of-way, or other similar feature intersects the construction activity and access does not compromise temporary or permanent soil stabilization); and (4) Inspection locations are provided in the inspection report required by Part II G. e. If adverse weather causes the safety of the inspection personnel to be in jeopardy, the inspection may be delayed until the next business day on which it is safe to perform the inspection. Any time inspections are delayed due to adverse weather conditions, evidence of the adverse weather conditions shall be included in the SWPPP with the dates of occurrence. 3. Inspection requirements. a. As part of the inspection, the qualified personnel shall: (1) Record the date and time of the inspection and, when applicable, the date and rainfall amount of the last measurable storm event; Page 15 of 26 (2) Record the information and a description of any discharges occurring at the time of the inspection or evidence of discharges occurring prior to the inspection; (3) Record any land-disturbing activities that have occurred outside of the approved erosion and sediment control plan; (4) Inspect the following for installation in accordance with the approved erosion and sediment control plan, identification of any maintenance needs, and evaluation of effectiveness in minimizing sediment discharge, including whether the control has been inappropriately or incorrectly used: (a) All perimeter erosion and sediment controls, such as silt fence; (b) Soil stockpiles, when applicable, and borrow areas for stabilization or sediment trapping measures; (c) Completed earthen structures, such as dams, dikes, ditches, and diversions for stabilization and effective impoundment or flow control; (d) Cut and fill slopes; (e) Sediment basins and traps, sediment barriers, and other measures installed to control sediment discharge from stormwater; (f) Temporary or permanent channels, flumes, or other slope drain structures installed to convey concentrated runoff down cut and fill slopes; (g) Storm inlets that have been made operational to ensure that sediment laden stormwater does not enter without first being filtered or similarly treated; and (h) Construction vehicle access routes that intersect or access paved or public roads for minimizing sediment tracking; (5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days to ensure: (a) Initiation of stabilization activities have occurred immediately, as defined in 9VAC25-880-1; and (b) Stabilization activities have been completed within seven days of reaching grade or stopping work; (6) Inspect for evidence that the approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion and sediment control plan prepared in accordance with department-approved annual standards and specifications has not been properly implemented. This includes: Page 16 of 26 (a) Concentrated flows of stormwater in conveyances such as rills, rivulets, or channels that have not been filtered, settled, or similarly treated prior to discharge, or evidence thereof; (b) Sediment laden or turbid flows of stormwater that have not been filtered or settled to remove sediments prior to discharge; (c) Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins that discharge to surface waters. Inlets and catch basins with failing sediment controls due to improper installation, lack of maintenance, or inadequate design are considered unprotected; (d) Sediment deposition on any property (including public and private streets) outside of the construction activity covered by this general permit; (e) Required stabilization has not been initiated or completed or is not effective on portions of the site; (f) Sediment basins without adequate wet or dry storage volume or sediment basins that allow the discharge of stormwater from below the surface of the wet storage portion of the basin; (g) Sediment traps without adequate wet or dry storage or sediment traps that allow the discharge of stormwater from below the surface of the wet storage portion of the trap; and (h) Land disturbance or sediment deposition outside of the approved area to be disturbed; (7) Inspect pollutant generating activities identified in the pollution prevention plan for the proper implementation, maintenance, and effectiveness of the procedures and practices; (8) Identify any pollutant generating activities not identified in the pollution prevention plan; and (9) Identify and document the presence of any evidence of the discharge of pollutants prohibited by this general permit. 4. Inspection report. Each inspection report shall include the following items: a. The date and time of the inspection and, when applicable, the date and rainfall amount of the last measurable storm event; b. Summarized findings of the inspection; c. The locations of prohibited discharges; d. The locations of control measures that require maintenance; Page 17 of 26 e. The locations of control measures that failed to operate as designed or proved inadequate or inappropriate for a particular location; f. The locations where any evidence identified under Part II G 3 a (6) exists; g. The locations where any additional control measure is needed; h. A list of corrective actions required (including any changes to the SWPPP that are necessary) as a result of the inspection or to maintain permit compliance; i. Documentation of any corrective actions required from a previous inspection that have not been implemented; and j. The date and signature of the qualified personnel and the operator or its duly authorized representative. 5. The inspection report shall be included into the SWPPP no later than four business days after the inspection is complete. 6. The inspection report and any actions taken in accordance with Part II shall be retained by the operator as part of the SWPPP for at least three years from the date that general permit coverage expires or is terminated. The inspection report shall identify any incidents of noncompliance. Where an inspection report does not identify any incidents of noncompliance, the report shall contain a certification that the construction activity is in compliance with the SWPPP and this general permit. The report shall be signed in accordance with Part III K of this general permit. H. Corrective actions. 1. The operator shall implement the corrective actions identified as a result of an inspection as soon as practicable but no later than seven days after discovery or a longer period as approved by the VSMP authority. If approval of a corrective action by a regulatory authority (e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control measures shall be implemented to minimize pollutants in stormwater discharges until such approvals can be obtained. 2. The operator may be required to remove accumulated sediment deposits located outside of the construction activity covered by this general permit as soon as practicable in order to minimize environmental impacts. The operator shall notify the VSMP authority and the department as well as obtain all applicable federal, state, and local authorizations, approvals, and permits prior to the removal of sediments accumulated in surface waters including wetlands. Page 18 of 26 PART III CONDITIONS APPLICABLE TO ALL VPDES PERMITS NOTE: Discharge monitoring is not required for this general permit. If the operator chooses to monitor stormwater discharges or control measures, the operator shall comply with the requirements of subsections A, B, and C, as appropriate. A. Monitoring. 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitoring activity. 2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this general permit. Analyses performed according to test procedures approved under 40 CFR Part 136 shall be performed by an environmental laboratory certified under regulations adopted by the Department of General Services (1VAC30-45 or 1VAC30-46). 3. The operator shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements. B. Records. 1. Monitoring records and reports shall include: a. The date, exact place, and time of sampling or measurements; b. The individuals who performed the sampling or measurements; c. The dates and times analyses were performed; d. The individuals who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. The operator shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this general permit, and records of all data used to complete the registration statement for this general permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the operator, or as requested by the board. C. Reporting monitoring results. Page 19 of 26 1. The operator shall update the SWPPP to include the results of the monitoring as may be performed in accordance with this general permit, unless another reporting schedule is specified elsewhere in this general permit. 2. Monitoring results shall be reported on a discharge monitoring report (DMR); on forms provided, approved or specified by the department; or in any format provided that the date, location, parameter, method, and result of the monitoring activity are included. 3. If the operator monitors any pollutant specifically addressed by this general permit more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this general permit. D. Duty to provide information. The operator shall furnish, within a reasonable time, any information which the board may request to determine whether cause exists for terminating this general permit coverage or to determine compliance with this general permit. The board, department, EPA, or VSMP authority may require the operator to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of surface waters, or such other information as may be necessary to accomplish the purposes of the CWA and the Virginia Stormwater Management Act. The operator shall also furnish to the board, department, EPA, or VSMP authority, upon request, copies of records required to be kept by this general permit. E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this general permit shall be submitted no later than 14 days following each schedule date. F. Unauthorized stormwater discharges. Pursuant to § 62.1-44.5 of the Code of Virginia, except in compliance with a state permit issued by the department, it shall be unlawful to cause a stormwater discharge from a construction activity. G. Reports of unauthorized discharges. Any operator who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance or 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, 40 CFR Part 302, or § 62.1-44.34:19 of the Code of Virginia that occurs during a 24-hour period into or upon surface waters or who discharges or causes or allows a discharge that may reasonably be expected to enter surface waters, shall notify the Department of Environmental Quality of the discharge immediately upon discovery of the discharge, but in no case later than within 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department and the VSMP authority within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; Page 20 of 26 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this general permit. Discharges reportable to the department and the VSMP authority under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a "bypass" or "upset," as defined in this general permit, should occur from a facility and the discharge enters or could be expected to enter surface waters, the operator shall promptly notify, in no case later than within 24 hours, the department and the VSMP authority by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The operator shall reduce the report to writing and shall submit it to the department and the VSMP authority within five days of discovery of the discharge in accordance with Part III I 2. Unusual and extraordinary discharges include any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; 3. Failure or taking out of service of some or all of the facilities; and 4. Flooding or other acts of nature. I. Reports of noncompliance. The operator shall report any noncompliance which may adversely affect surface waters or may endanger public health. 1. An oral report to the department and the VSMP authority shall be provided within 24 hours from the time the operator becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision: a. Any unanticipated bypass; and b. Any upset that causes a discharge to surface waters. 2. A written report shall be submitted within five days and shall contain: a. A description of the noncompliance and its cause; Page 21 of 26 b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The department may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on surface waters has been reported. 3. The operator shall report all instances of noncompliance not reported under Part III I 1 or 2 in writing as part of the SWPPP. The reports shall contain the information listed in Part III I 2. NOTE: The reports required in Part III G, H and I shall be made to the department and the VSMP authority. Reports may be made by telephone, email, or by fax. For reports outside normal working hours, leaving a recorded message shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892. 4. Where the operator becomes aware of a failure to submit any relevant facts, or submittal of incorrect information in any report, including a registration statement, to the department or the VSMP authority, the operator shall promptly submit such facts or correct information. J. Notice of planned changes. 1. The operator shall give notice to the department and the VSMP authority as soon as possible of any planned physical alterations or additions to the permitted facility or activity. Notice is required only when: a. The operator plans an alteration or addition to any building, structure, facility, or installation that may meet one of the criteria for determining whether a facility is a new source in 9VAC25-870-420; b. The operator plans an alteration or addition that would significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this general permit; or 2. The operator shall give advance notice to the department and VSMP authority of any planned changes in the permitted facility or activity, which may result in noncompliance with state permit requirements. K. Signatory requirements. 1. Registration statement. All registration statements shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this chapter, 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-making or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the Page 22 of 26 manager is authorized to make management decisions that 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 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 state permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this chapter, a principal executive officer of a public 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. 2. Reports and other information. All reports required by this general permit, including SWPPPs, and other information requested by the board or the department shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part III K 1; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of 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 operator. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and c. The signed and dated written authorization is included in the SWPPP. A copy shall be provided to the department and VSMP authority, if requested. 3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the construction activity, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the VSMP authority as the administering entity for the board prior to or together with any reports or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following certification: 5. "I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared 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 Page 23 of 26 penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." L. Duty to comply. The operator shall comply with all conditions of this general permit. Any state permit noncompliance constitutes a violation of the Virginia Stormwater Management Act and the Clean Water Act, except that noncompliance with certain provisions of this general permit may constitute a violation of the Virginia Stormwater Management Act but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for state permit coverage, termination, revocation and reissuance, or modification; or denial of a state permit renewal application. The operator shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this general permit has not yet been modified to incorporate the requirement. M. Duty to reapply. If the operator wishes to continue an activity regulated by this general permit after the expiration date of this general permit, the operator shall submit a new registration statement at least 60 days before the expiration date of the existing general permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing general permit. N. Effect of a state permit. This general permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations. O. State law. Nothing in this general permit shall be construed to preclude the institution of any legal action under, or relieve the operator from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in general permit conditions on "bypassing" (Part III U) and "upset" (Part III V), nothing in this general permit shall be construed to relieve the operator from civil and criminal penalties for noncompliance. P. Oil and hazardous substance liability. Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the operator from any responsibilities, liabilities, or penalties to which the operator is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law or § 311 of the Clean Water Act. Q. Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances), which are installed or used by the operator to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by the operator only when the operation is necessary to achieve compliance with the conditions of this general permit. R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering surface waters and in compliance with all applicable state and federal laws and regulations. Page 24 of 26 S. Duty to mitigate. The operator shall take all steps to minimize or prevent any discharge in violation of this general permit that has a reasonable likelihood of adversely affecting human health or the environment. T. Need to halt or reduce activity not a defense. It shall not be a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this general permit. U. Bypass. 1. "Bypass," as defined in 9VAC25-870-10, means the intentional diversion of waste streams from any portion of a treatment facility. The operator may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Part III U 2 and 3. 2. Notice. a. Anticipated bypass. If the operator knows in advance of the need for a bypass, the operator shall submit prior notice to the department, if possible at least 10 days before the date of the bypass. b. Unanticipated bypass. The operator shall submit notice of an unanticipated bypass as required in Part III I. 3. Prohibition of bypass. a. Except as provided in Part III U 1, bypass is prohibited, and the board or department may take enforcement action against an operator for bypass unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and (3) The operator submitted notices as required under Part III U 2. b. The department may approve an anticipated bypass, after considering its adverse effects, if the department determines that it will meet the three conditions listed in Part III U 3 a. Page 25 of 26 V. Upset. 1. An "upset," as defined in 9VAC25-870-10, means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based state permit effluent limitations because of factors beyond the reasonable control of the operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 2. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based state permit effluent limitations if the requirements of Part III V 4 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 3. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 4. An operator who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: a. An upset occurred and that the operator can identify the cause of the upset; b. The permitted facility was at the time being properly operated; c. The operator submitted notice of the upset as required in Part III I; and d. The operator complied with any remedial measures required under Part III S. 5. In any enforcement proceeding, the operator seeking to establish the occurrence of an upset has the burden of proof. W. Inspection and entry. The operator shall allow the department as the board's designee, the VSMP authority, EPA, or an authorized representative of either entity (including an authorized contractor), upon presentation of credentials and other documents as may be required by law to: 1. Enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this general permit; 2. Have access to and copy, at reasonable times, any records that shall be kept under the conditions of this general permit; 3. Inspect and photograph at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and 4. Sample or monitor at reasonable times, for the purposes of ensuring state permit compliance or as otherwise authorized by the Clean Water Act or the Virginia Stormwater Management Act, any substances or parameters at any location. Page 26 of 26 For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. X. State permit actions. State permit coverage may be modified, revoked and reissued, or terminated for cause. The filing of a request by the operator for a state permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any state permit condition. Y. Transfer of state permit coverage. 1. State permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a state permit may be transferred by the operator to a new operator only if the state permit has been modified or revoked and reissued, or a minor modification made, to identify the new operator and incorporate such other requirements as may be necessary under the Virginia Stormwater Management Act and the Clean Water Act. 2. As an alternative to transfers under Part III Y 1, this state permit may be automatically transferred to a new operator if: a. The current operator notifies the department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new operators containing a specific date for transfer of state permit responsibility, coverage, and liability between them; and c. The department does not notify the existing operator and the proposed new operator of its intent to modify or revoke and reissue the state permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b. 3. For ongoing construction activity involving a change of operator, the new operator shall accept and maintain the existing SWPPP, or prepare and implement a new SWPPP prior to taking over operations at the site. Z. Severability. The provisions of this general permit are severable, and if any provision of this general permit or the application of any provision of this state permit to any circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this general permit shall not be affected thereby. Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 12. Inspection logs INSPECTION FREQUENCY: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit. STORM WATER INSPECTIONS FOR VSMP GENERAL PERMIT LAND DISTRIBUTING ACTIVITIESPage 1PROJECT:MONITORING FOR THE WEEK BEGINNING:DATE AND TIME OF INSPECTION:RAINFALL:Date of Rain Amount (Inches) InitialsEROSION AND SEDIMENT CONTROL FACILITIES INSPECTED:Note: If insepction report does not identify any incidents of non-compliance ceritication statement on page 3 shall be signed.Facility Identification Date and Time of InspectionOperating Properly (Y/N)Description of inspection observationsOBSERVATION OF RUNOFF AT STORMWATER DISHCARGE OUTFALLS:Stormwater Discharge Outfall IdentificationDate Clarity Floating Solids Suspended SolidsOil Sheen Other obvious indicators of stormwater pollution (list and describe)Visible sediment leaving the site? (Y/N)If yes, describe actions taken to prevent future releases (may need to attach additional information)Describe measures taken to clean up sediment outside of disturbed limits (may need to attach additional information)(Inspections shall be conducted according to Part IIF2 of the Permit. However, if the discharges of stormwater from construction activities are to surface waters identified as imparied, inspections shall be conducted according to Part IB4d.)(Inspections shall be conducted according to Part IIF2 of the Permit. However, if the discharges of stormwater from construction activities are to surface waters identified as imparied, inspections shall be conducted according to Part IB4d.)Clarity: Choose the number which best describes the clarity of the discharge where 1 is clear and 10 is very cloudyFloating Solids: Choose the number which best describes the amount of floating solids in the discharge where 1 is no solids and 10 the surface us covered in floating solidsSuspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy.Oil Sheen: Is there an oil sheen in the stormwater discharge (Y or N)?By this signature, I certify that this report is accurate and complete to the best of my knowledge:_____________________________Qualified PersonnelBy this signature, I certify that the contruction activity is in compliance with the SWPP and general permit._____________________________Qualified PersonnelBy this signature, I certify that this report is accurate and complete to the best of my knowledge:_____________________________Operator/Duly Authorized RepresentativeBy this signature, I certify that the contruction activity is in compliance with the SWPP and general permit._____________________________Operator/Duly Authorized Representative STORM WATER INSPECTIONS FOR VSMP GENERAL PERMIT LAND DISTRIBUTING ACTIVITIESPage 1PROJECT:MONITORING FOR THE WEEK BEGINNING:DATE AND TIME OF INSPECTION:RAINFALL:Date of Rain Amount (Inches) InitialsEROSION AND SEDIMENT CONTROL FACILITIES INSPECTED:Note: If insepction report does not identify any incidents of non-compliance ceritication statement on page 3 shall be signed.Facility Identification Date and Time of InspectionOperating Properly (Y/N)Description of inspection observationsOBSERVATION OF RUNOFF AT STORMWATER DISHCARGE OUTFALLS:Stormwater Discharge Outfall IdentificationDate Clarity Floating Solids Suspended SolidsOil Sheen Other obvious indicators of stormwater pollution (list and describe)Visible sediment leaving the site? (Y/N)If yes, describe actions taken to prevent future releases (may need to attach additional information)Describe measures taken to clean up sediment outside of disturbed limits (may need to attach additional information)(Inspections shall be conducted according to Part IIF2 of the Permit. However, if the discharges of stormwater from construction activities are to surface waters identified as imparied, inspections shall be conducted according to Part IB4d.)(Inspections shall be conducted according to Part IIF2 of the Permit. However, if the discharges of stormwater from construction activities are to surface waters identified as imparied, inspections shall be conducted according to Part IB4d.)Clarity: Choose the number which best describes the clarity of the discharge where 1 is clear and 10 is very cloudyFloating Solids: Choose the number which best describes the amount of floating solids in the discharge where 1 is no solids and 10 the surface us covered in floating solidsSuspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy.Oil Sheen: Is there an oil sheen in the stormwater discharge (Y or N)?By this signature, I certify that this report is accurate and complete to the best of my knowledge:_____________________________Qualified PersonnelBy this signature, I certify that the contruction activity is in compliance with the SWPP and general permit._____________________________Qualified PersonnelBy this signature, I certify that this report is accurate and complete to the best of my knowledge:_____________________________Operator/Duly Authorized RepresentativeBy this signature, I certify that the contruction activity is in compliance with the SWPP and general permit._____________________________Operator/Duly Authorized Representative STORM WATER INSPECTIONS FOR VSMP GENERAL PERMIT LAND DISTRIBUTING ACTIVITIESPage 1PROJECT:MONITORING FOR THE WEEK BEGINNING:DATE AND TIME OF INSPECTION:RAINFALL:Date of Rain Amount (Inches) InitialsEROSION AND SEDIMENT CONTROL FACILITIES INSPECTED:Note: If insepction report does not identify any incidents of non-compliance ceritication statement on page 3 shall be signed.Facility Identification Date and Time of InspectionOperating Properly (Y/N)Description of inspection observationsOBSERVATION OF RUNOFF AT STORMWATER DISHCARGE OUTFALLS:Stormwater Discharge Outfall IdentificationDate Clarity Floating Solids Suspended SolidsOil Sheen Other obvious indicators of stormwater pollution (list and describe)Visible sediment leaving the site? (Y/N)If yes, describe actions taken to prevent future releases (may need to attach additional information)Describe measures taken to clean up sediment outside of disturbed limits (may need to attach additional information)(Inspections shall be conducted according to Part IIF2 of the Permit. However, if the discharges of stormwater from construction activities are to surface waters identified as imparied, inspections shall be conducted according to Part IB4d.)(Inspections shall be conducted according to Part IIF2 of the Permit. However, if the discharges of stormwater from construction activities are to surface waters identified as imparied, inspections shall be conducted according to Part IB4d.)Clarity: Choose the number which best describes the clarity of the discharge where 1 is clear and 10 is very cloudyFloating Solids: Choose the number which best describes the amount of floating solids in the discharge where 1 is no solids and 10 the surface us covered in floating solidsSuspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy.Oil Sheen: Is there an oil sheen in the stormwater discharge (Y or N)?By this signature, I certify that this report is accurate and complete to the best of my knowledge:_____________________________Qualified PersonnelBy this signature, I certify that the contruction activity is in compliance with the SWPP and general permit._____________________________Qualified PersonnelBy this signature, I certify that this report is accurate and complete to the best of my knowledge:_____________________________Operator/Duly Authorized RepresentativeBy this signature, I certify that the contruction activity is in compliance with the SWPP and general permit._____________________________Operator/Duly Authorized Representative Issued – 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 13. Wetland Permits COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE P.O. Box 3000, Harrisonburg, Virginia 22801 (540) 574-7800 Fax (540) 574-7878 Located at 4411 Early Road, Harrisonburg, VA www.deq.virginia.gov Matthew J. Strickler Secretary of Natural Resources David K. Paylor Director Amy Thatcher Owens Regional Director January 27, 2020 University of Virginia Foundation SENT VIA E-MAIL c/o Mr. Todd Marshall RECEIPT CONFIRMATION REQUESTED PO Box 400218 Charlottesville, VA 22904 RE: State Program General Permit (17-SPGP-01) Authorization VWP Permit Number WP4-19-1555, WP3-18-2016, WP2-19-0234 Encompass Health Hospital, Lewis and Clark Drive Extension, Fire Rescue #12 Sewer Line Extension, Albemarle County, Virginia Dear Mr. Marshall: The Virginia Department of Environmental Quality (DEQ) has completed the technical review of your verification request received on December 31, 2019, January 3, 2020, and January 15, 2020. Based on DEQ’s technical review, DEQ has determined that the proposed project satisfies the terms and conditions contained in the USACE’s Norfolk District State Program General Permit (17-SPGP-01). You are required to adhere to all terms and conditions contained within the attached 17-SPGP-01 and any Special Conditions listed below.Your 17-SPGP-01 verification is effective as of the date on this letter and remains effective until May 31, 2022. This coverage authorizes impacts related to the construction of: -Lewis and Clark Drive Extension: an approximately 0.75 mile extension of Lewis and Clark Drive to provide connection to Airport Road via an existing section of Innovation Drive. -Fire Rescue Station #12 Sewer Line Extension: construction of approximately 7,700 linear feet of sanitary sewer to connect the Fire Rescue Station #12 to an existing sanitary sewer system at Lewis and Clark Drive. The project will include construction of cleanouts, sanitary manholes, sanitary sewer line, and associated facilities to connect the existing system at a tie-in point near Lewis and Clark Drive. -Encompass Health Hospital: construction of a new 80,000 square foot, single story hospital building and associated parking, utility and stormwater infrastructure on approximately 10 acres. Permit No. WP4-19-1555, WP3-18-2016, WP2-19-0234 January 27, 2020 Page 2 of 2 The Notice of Planned Change (NOPC) requests included an additional 0.02 acre of PFO wetland impacts associated with stormwater revisions required by the local VSMP authority; addition of two temporary stream crossings (~30 lf); and changes to the culvert length at Impact Area 4 and culvert invert at Impact Area 5 with no additional permanent impacts are proposed for these two Impact Areas. The overall proposed permanent impact totals include approximately 887 linear feet of stream channel and 0.32 acre of palustrine forested (PFO) wetland. Authorized surface water impacts shall be as depicted on the impacts maps entitled: 1.Encompass Health Hospital: “Jurisdictional Waters of the US Impacts Map”, dated October 8, 2019, revised on December 17, 2019, and received on January 3, 2020. 2.Lewis and Clark Drive Extension: “Figure 3: Waters of the U.S. Impacts Map”, dated January 15, 2019, and received on January 28, 2019. Additional maps depicting the NOPCs are included with the December 30, 2019 and January 15, 2020 NOPC requests. 3.Fire Rescue #12 Sewer Line Extension: “Figure 2: Waters of the U.S. Impacts Map”, dated January 23, 2019, last revised on March 13, 2019, and received on May 28, 2019. Compensation for permanent impacts shall be provided through the purchase of 0.64 wetland credits and 1,068 stream credits. This letter shall serve as verification to proceed with the project as proposed. The permittee shall be responsible for contacting DEQ to revise this verification, including provisions for compensatory mitigation, if the location or amount of the impacts changes. Please contact Eric Millard at (540) 574-7813 or eric.millard@deq.virginia.gov if you have any questions or concerns regarding the information contained herein. Sincerely, B. Keith Fowler Deputy Regional Director Attachments: 17-SPGP-01 cc: Vincent Pero, USACE – VIA EMAIL Eli Wright, Timmons Group – VIA EMAIL DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLK VA 23510-1011 CENAO-WRR STATE PROGRAMMATIC GENERAL PERMIT 17-SPGP-01 Effective Date: June 29, 2017 Expiration Date: May 31, 2022 I. AUTHORITIES: A. 17-SPGP-01 authorizes the discharge of dredged or fill material in non-tidal waters, of the United States, including wetlands, associated with certain residential, commercial, and institutional developments and linear transportation projects within the geographical limits of the Commonwealth of Virginia and under the regulatory jurisdiction of the U.S. Army Corps of Engineers, Norfolk District (Corps or Norfolk District). These projects must have no more than minimal individual and cumulative impacts and must meet all the terms and conditions outlined herein. The use of 17-SPGP-01 is restricted to those projects that have avoided and minimized impacts to waters of the U.S., including wetlands, to the maximum extent practicable. 8. The people of the Commonwealth of Virginia (Virginia or "the Commonwealth") are hereby authorized by the Secretary of the Army and the Chief of Engineers, under Section 404 of the Clean Water Act (CWA) (33 U.S.C. § 1344), to perform the aforementioned work in non-tidal waters and wetlands of the Commonwealth as described herein. The Corps' authority and guidance to develop general permits is contained in 33 U.S.C. § 1344(e), 33 C.F.R. § 325.2(e)(2), 33 C.F.R. § 325.3(b), and Corps Regulatory Guidance Letter (RGL) 83-7. 11. PROCEDURES: A. Delineation Confirmations: Prior to the submission of an application for any Residential, Commercial, or Institutional Development Activity or Linear Transportation Activity covered by 17-SPGP-01, a proponent must first obtain a Corps confirmed delineation that is approved for use with a permit application (Preliminary JD) or a confirmed jurisdictional determination that includes the limits of all waters of the U.S., including wetlands that are located within the project boundaries (Approved JD). The applicant will contact the Corps to obtain a delineation confirmation/jurisdictional determination. When appropriate, a separate delineation confirmation may also be required from the Environmental Protection Agency (EPA). 8. Application: The application must be submitted to the Virginia Marine Resource Commission (VMRC) and clearly marked 17-SPGP-01. The following information must be submitted as part of the complete application package: 1) A completed and signed Standard Joint Permit Application (JPA). The applicant must utilize the most recent version. http://www.nao.usace.army.mil/Missions/Regulatory/ 2) A completed SPGP Complete Application Checklist. The applicant must utilize the most recent version. 3) A Corps confirmed delineation that is approved for use with a permit application OR a confirmed jurisdictional determination that includes the limits of all waters of the U.S., including wetlands that are located within the project boundaries. This information listed above will be required to render an application complete for 17- SPGP-01 purposes. The application package must be submitted to the Virginia Marine Resource Commission (VMRC) and clearly marked 17-SPGP-01. The VMRC will forward a copy of the application to the applicable VDEQ office. Once the VDEQ has deemed the application complete the VDEQ will forward the complete application to the appropriate federal agency when coordination is required. For purposes of 17-SPGP-01, the VDEQ is the agency responsible for ensuring permit applications meet the informational and technical requirements of 17-SPGP-01 and for issuance of 17-SPGP-01 verification letters for qualifying Residential, Commercial, and Institutional and Linear Transportation projects. C. State Approvals: In order for 17-SPGP-01 to be valid, permittees must obtain the following state approvals prior to commencement of work in waters of the U.S.: 1) Virginia Department of Environmental Quality (VDEQ) Virginia Water Protection (VWP) permit 2) VMRC permit, when required 3) VDEQ informal resolution, letter of agreement, executive compliance agreement or consent order when the 17-SPGP-01 is utilized for resolution of non-compliance and/or enforcement (at Corps discretion). The 17-SPGP-O 1 may also be used for activities excluded from State VWP permitting when those activities are associated with a larger residential, commercial, institutional development and/or linear transportation project that requires state approval.. Ill. DEFINITIONS: A. Loss of waters of the United States: Waters of the United States (WOUS), including wetlands that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage/linear footage of the loss of WOUS is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for 17-SPG P-01; it is not a net threshold that is 2 Last revised arl 6/15/17 calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. 1) The loss of stream bed includes the linear feet of stream bed that is filled or excavated. WOUS temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of WOUS. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of WOUS. 2) Per Norfolk District Pipe Repair Guidelines: pipe repair and replacement is considered a permanent impact 3) The length of any box culvert, pipe, or bridge that is being removed and replaced, whether in the same location or not, is considered a permanent impact. However, if a pipe/culvert/bridge is left in place and is extended or rip-rapped, then only the length and area of the extension or rip-rap is considered a permanent impact. [Based on Norfolk District letter guidance May 5, 2009 to VDOT] B. Natural stream design: a stream channel design that mimics the dimension, pattern, and profile of a representative reference stream reach. C. Permittee: the responsible party in receipt of the 17-SPGP-01 verification from the VDEQ. The permittee will be the responsible party for complying with all 17- SPGP-01 general conditions as well as any additional special conditions required of each project. D. Residential developments: construction or expansion of a multiple unit residential development or a residential subdivision including the construction of building foundations, building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). E. Commercial and Institutional Developments: construction or expansion of commercial and institutional building foundations, building pads, and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, and recreation facilities such as playgrounds and playing fields. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. 3 Last revised arl 6/15/17 F. Linear transportation: the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxi ways). IV. AUTHORIZED ACTIVITIES A Residential, Commercial, and Institutional Development Activities Eligibility Criteria: 1) Activities are subject to Corps regulations; 2) Activities involve the discharge of dredged/fill material associated with residential, commercial, and institutional projects and propose: a. the TOTAL permanent loss of not more than 1 acre of non-tidal waters of the US, to include stream channel, wetlands and open waters. AND b. the permanent loss of not more than 2,000 linear feet of stream channel; 3) Activities meet the general and special conditions of 17-SPGP-01 listed in this document and any special conditions required of each project-specific verification; 4) Compensatory mitigation is provided in accordance with the mitigation standards and general conditions listed in this document. 5) Activities have received and completed all applicable federal review as listed in the general conditions of this document. **The fol lowing activities are NOT authorized under the 17-SPGP-01: • The Construction of one stand-alone single family home and/or its attendant features. • Golf courses that are not an integral part of a residential development. • The construction of new ski areas. B. Linear Transportation Activities Eligibility Criteria: 1) Activities are subject to Corps regulations; 2) Activities involve the discharge of dredged/ fill material associated with the construction, expansion, modification, or improvement of linear transportation projects that are single and complete with independent utility and propose: 4 Last revised arl 6/15/17 a. the TOTAL permanent loss of not more than Yi acre of non-tidal waters of the US, to include stream channel, wetlands and open waters AND b. the permanent loss of not more than 1,000 linear feet of stream channel at any single impact site with independent utility. 3) Activities meet all general conditions of 17-SPGP-01 listed in this document and any special conditions required of each project-specific verification; 4) Compensatory mitigation is provided in accordance with the mitigation standards and general conditions listed in this document. 5) Activities have received and completed all applicable federal review as listed in the general conditions of this document. 6) Construction and/or relocation of utility lines by the applicant and within the right-of-way/easements of the project and performed in direct relation with the project are included in the project impact totals. V. GENERAL CONDITIONS: The following conditions apply to all activities authorized under 17-SPGP-01. Work that does not meet one or more of the terms or general conditions of 17-SPGP-01, including work that has been determined to be more than minimal in nature (at any impact level), will require consideration under a different type of Corps permit. 1) Other permits: Authorization does not obviate the need to obtain other Federal, state, or local authorizations required by law or to comply with all Federal, state, or local laws. 2) Minimal effects: Projects authorized shall have no more than minimal individual or cumulative adverse environmental impacts. 3) Discretionary authority: The Corps District Commander retains discretionary authority to require processing of an individual permit based on concerns for the aquatic environment or for any other factor of the public interest (33 C.F.R. § 320.4(a)). This authority is exercised on a case-by-case basis. 4) Single and complete projects: The activity must be a single and complete project. a. For non-linear projects: the term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other 5 Last revised arl 6/15/17 association of owners/developers. A single and complete non-linear project must have independent utility (see "independent utility" as defined in these general conditions). Single and complete non-linear projects may not be "piecemealed" to avoid the limits in a17-SPGP-01 authorization. b. For linear transportation: For projects with multiple crossings or encroachments a determination of "single and complete" will typically apply to each crossing or encroachment of waters that occurs (i.e., single waterbody and/or wetlands) at separate and distinct locations and with independent utility. However, in cases where there are many crossings in close proximity, numerous crossings of the same waterbody, multiple crossings, or multiple encroachments that otherwise may have more than minimal individual or cumulative impacts; the Corps has the discretion to consider all the crossings cumulatively as one single and complete project. 5) Independent utility: A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. A phase of a project that would be constructed even if the other phases were not built can be considered as a separate, single and complete project with independent utility. For a linear transportation project, separate impact areas on a new location roadway are not considered to have independent utility and thus impacts would be considered cumulatively and eligible for a single 17-SPGP-01 verification. However, separate impact areas on a roadway that is being widened or where pipes are being replaced at multiple crossings are considered to have independent utility, and each crossing would be considered eligible for a separate 17-SPGP-01 verification. Although such impacts are not considered cumulatively for permitting purposes, they are considered cumulatively when assessing the need for federal review. 6) Multiple general permit authorizations.: The 17-SPGP-01 may be combined with other Corps general permits (including Nationwide, Regional or Letters of Permission) as long as the impacts are considered cumulatively and do not exceed the acreage limit or linear footage limits of the 17-SPGP-O 1 . Two separate activities (e.g. Residential and Linear, within 17-SPGP-01, may be combined as long as they do not exceed the acreage or linear footage threshold of the activity with the highest specified acreage or linear footage threshold). 7) Permit on-site: The permittee shall ensure that a copy of 17-SPGP-01 and the accompanying authorization letter are at the work site at all times. These copies must be made available to any regulatory representative upon request. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub...:contractors shall be expected to comply with all conditions of any 17-SPG P-01 verification. 6 Last revised arl 6/15/17 8) Historic Properties: In cases where the Corps determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the 17-SPGP-01 activity or whether additional section 106 consultation is necessary. Non-federal permittees shall not begin work on the activity until Section 106 review and/or coordination has been completed AND they have received their 17-SPGP verification letter from the VDEQ. Prospective permittees should be aware that section 11 Ok of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such permit or assistance despite the adverse effect created or allowed by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. Discovery of Previously Unknown Remains and Artifacts: If a permittee discovers any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, the permittee must immediately notify the District Engineer of what has been found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The District Engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 7 Last revised arl 6/15/17 Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9) Federal Lands: Authorized activities shall not impinge upon the value of any National Wildlife Refuge, National Forest, National Park, or any other area administered by the United States Fish and Wildlife Service (USFWS), U.S. Forest Service, or National Park Service unless approval from the applicable land management agency is provided with the permit application. 10)Endangered Species: No activity is authorized under any 17-SPGP-01 which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any 17-SPGP-01 which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the 17-SPGP-01 activity, or whether additional ESA consultation is necessary. Non-federal permittees shall not begin work on the activity until Section 7 review and/or consultation has been completed AND they have received their 17-SPGP verification letter from the VDEQ. Authorization of an activity by a 17-SPGP-O 1 does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the National Marine Fisheries Service (NMFS), The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where 11take11 means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide Web 8 Last revised arl 6/15/17 pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 11)Migratory Birds and Bald and Golden Eagles: The permittee is responsible for obtaining any "take" permits required under the USFWS regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the USFWS to determine if such "take" permits are required for a particular activity. As of the issuance date of the 17-SPGP the current contact, concerning this matter, is at the U.S. Fish and Wildlife Service, Thomas Wittig at 413-253-8577 or Thomas_wittig@fws.gov. Information on active bald eagle nests in the project area can be obtained via The Center for Conservation Biology (CCB) Virginia Eagles Nest Locator: http://www.ccb-wm.org/virginiaeagles/index.htm. 12)Wild and Scenic Rivers: Currently, there are no designated Wild and Scenic Rivers in Virginia. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river has determined, in writing, that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service (NPS), U.S. Forest Service (USFS), Bureau of Land Management (BLM), USFWS). Impacts that occur in these resource areas will require coordination with the appropriate Federal agency. 13)Department of Defense (DOD) Siting Clearinghouse Coordination: For all commercial and institutional development projects that include the construction of wind energy generating structures, solar towers, or overhead powerlines the VDEQ must notify the DOD Clearinghouse of the permitted project. The VDEQ will send a copy of the joint permit application and SPGP verification letter to the following address: DoD Clearinghouse, Attn: David Blalock, 101 Marietta St. NW, Suite 3120, Atlanta, Georgia 30303ordavid.c.blalock2.civ@mail.mil 14)Navigation: No authorized activity may cause more than a minimal adverse effect on navigation. The permittee understands and agrees that if future operations by the United States require the removal, relocation, or other alteration of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United 9 Last revised arl 6/15/17 States. No claim shall be made against the United States on account of any such removal or alteration. 15)Floodplains: The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 16)408 Certification: Under 33 USC 408, no activity may temporarily or permanently alter or make use of a U.S. Army Corps of Engineers civil works project unless reviewed and permitted by the Secretary of the Army. The Corps may grant this permission if the work does not impair the usefulness of the project and is not injurious to the public interest. 17)Environmental justice: Activities authorized under 17-SPGP-01 must comply with Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations". 18)Federal liability: In issuing 17-SPGP-01 , the Federal government does not assume any liability for the following: (a) damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; (b) damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest; (c) damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by 17- SPGP-01; (d) design or construction deficiencies associated with the permitted work; (e) damage claims associated with any future modification, suspension, or revocation of this permit. 19)Avoidance and minimization: Except as provided under section 404(b)(2), no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences.( 40 CFR 230.IO(a)-(d) Section 404 (b)(I) Guidelines). 20)Compensatory Mitigation: Mitigation will be required for all permanent impacts, on a project site, once the compensatory mitigation threshold has been exceeded for waters OR wetland impacts. a. Wetland mitigation: will generally be required for all residential, commercial, and institutional development projects where the total permanent impacts exceed 1/10 acre AND for all wetland impacts on linear transportation projects that are funded in part or in total by local, state or federal funds. Generally, the minimum required wetland mitigation ratios will be as follows: 10 Last revised arl 6/15/17 • 2:1 for forested wetlands • 1.5:1 for scrub-shrub wetlands • 1: 1 for herbaceous emergent wetlands • 0.5:1 for permanent loss of open waters • 1: 1 for conversion of forested wetlands to herbaceous emergent wetlands. Compensatory mitigation may be required on a case-by-case basis to ensure impacts are minimal for: • permanent or temporary conversion of one wetland type to another • wetland impacts totaling less than 1/10 acre • at mitigation ratios beyond the generally recommend ratios All wetland mitigation will comply with the Mitigation Rule [Corps-EPA Compensatory Mitigation for Losses of Aquatic Resources, dated April 10, 2008, 33 CFR 325 and 332/40 CFR 230]. b. Stream mitigation: will generally be required for all residential, commercial, institutional developments AND linear transportation projects where the total permanent stream channel impacts exceed 300 linear feet. Minimum stream mitigation requirements will be determined using the current Corps and VDEQ endorsed assessment methodology. Stream mitigation that exceeds the assessment methodology recommendation and mitigation for impacts totaling less the 300 linear feet may be required on a case-by-case basis to ensure impacts are minimal. All stream mitigation will comply with Mitigation Rule [Corps-EPA Compensatory Mitigation for Losses of Aquatic Resources dated April 10, 2008 33 CFR 325 and 332; 40 CFR 230]. Where local zoning ordinances provide for riparian and floodplain protection pursuant to the Chesapeake Bay Preservation Act (Virginia Code 10.1-2100 et seq.) and the Chesapeake Bay Preservation Area Designation and Management Regulations (9 VAC 1-20 et seq.), the use of buffers as a form of compensatory mitigation shall be allowed only: • where the extent of the buffer exceeds the lateral extent already required by local ordinances pursuant to the Act and the regulations • where the quality of the existing protected buffer area is enhanced to provide greater water quality protection benefits • where the proposed compensatory mitigation is undertaken in 11 Last revised arl 6/15/17 compliance with the Mitigation Rule [Corps-EPA Compensatory Mitigation for Losses of Aquatic Resources: Final Rule dated April 10, 2008 33 CFR 332.4(c)(2)-(14) and 33 CFR 332.3(h)] 21)Heavy Equipment: Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 22)Temporary fills: All temporarily disturbed waters and wetlands must be restored to their pre-construction contours within 12 months of commencing the temporary impact's construction. Impacts that will not be restored within 12 months (calculated from the start of the temporary impacts construction) will be considered permanent unless otherwise approved by the Corps, and compensatory mitigation may be required. Once restored to their natural contours, soil in these temporarily disturbed areas must be mechanically loosened to a depth of 12 inches and wetland areas must be seeded or sprigged with appropriate native vegetation. 23)Sedimentation and erosion control: Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 24)Countersinking of Pipes and Culverts: Following consultation with the Virginia Department of Game and Inland Fisheries (VDGIF), the Norfolk District assumes there are fish and other aquatic organisms present in any stream being crossed, in the absence of site-specific evidence to the contrary. Although prospective permittees have the option of providing such evidence, extensive efforts to collect such information is not encouraged, since countersinking will in most cases be required except as outlined in the conditions below: a. All pipes and culverts placed in streams will be countersunk at both the inlet and outlet ends, unless indicated otherwise by the VDEQ on a case-by-case basis (see below). Pipes that are 24" or less in diameter shall be countersunk 3" below the natural stream bottom. Pipes that are greater than 24" in diameter shall be countersunk at least 6" below the natural stream bottom. The countersinking requirement does not apply to bottomless pipes/culverts or pipe arches. All single pipes or culverts (with bottoms) shall be depressed (countersunk) below the natural streambed at both the inlet and outlet of the structure. In sets of multiple pipes or culverts (with bottoms) at least one pipe or culvert shall be depressed (countersunk) at both the inlet and outlet to convey low flows. b. When countersinking culverts, permittees must ensure reestablishment of a surface water channel (within 15 days post 12 Last revised arl 6/15/17 construction) that allows for the movement of aquatic organisms and maintains the same hydrologic regime that was present pre- construction (i.e. the depth of surface water through the permit area should match the upstream and downstream depths). This may require the addition of finer materials to choke the larger stone and/or placement of riprap to allow for a low flow channel. c. Exemption for extensions and certain maintenance: The requirement to countersink does not apply to extensions of existing pipes or culverts that are not countersunk, or to maintenance to pipes/culverts that does not involve replacing the pipe/culvert (such as repairing cracks, adding material to prevent/correct scour, etc.). d. Floodplain pipes: The placement of pipes/culverts above ordinary high water, such as those placed to allow for flood plain flows, is not jurisdictional (provided no fill is discharged into wetlands). e. Hydraulic opening: Pipes should be adequately sized to allow for the passage of ordinary high water with the countersinking and invert restrictions taken into account. f. Pipes on bedrock or above existing utility lines: Different procedures will be followed for pipes or culverts to be placed on bedrock or above existing buried utility lines where it is not practicable to relocate the lines, depending on whether the work is for replacement of an existing pipe/culvert or a new pipe/culvert: i. Replacement of an existing pipe/culvert: Countersinking is not required provided the elevations of the inlet and outlet ends of the replacement pipe/culvert are no higher above the stream bottom than those of the existing pipe/culvert. Documentation (photographic or other evidence) must be maintained in the permittee's records showing the bedrock condition and the existing inlet and outlet elevations. That documentation will be available to the Norfolk District upon request, but notification or coordination with the Norfolk District is not otherwise required. ii. A pipe/culvert is being placed in a new location: lf the prospective permittee determines that bedrock or an existing buried utility line that is not practicable to relocate prevents countersinking, they should evaluate the use of a bottomless pipe/culvert, bottomless utility vault, span (bridge) or other bottomless structure to cross the waterway, and also evaluate alternative locations for the new pipe/culvert that will allow for countersinking. If the prospective permittee determines that neither a bottomless structure nor an alternative location is practicable, then they must submit supporting documentation in the JPA. The prospective permittee must provide documentation of measures evaluated to minimize disruption of the movement of aquatic 13 Last revised arl 6/15/17 life as well as documentation of the cost, engineering factors, and site conditions that prohibit countersinking the pipe/culvert. Options that must be considered include partial countersinking (such as less than 3" of countersinking, or countersinking of one end of the pipe), and constructing stone step pools, low rock weirs downstream, or other measures to provide for the movement of aquatic organisms. The permit application must also include photographs documenting site conditions. The prospective permittee may find it helpful to contact his/her regional fishery biologist for the VDGIF, for recommendations about the measures to be taken to allow for fish movements. When seeking advice from VDGIF, the prospective permittee should provide the VDGIF biologist with all available information such as location, flow rates, stream bottom features, description of proposed pipe(s), slopes, etc. Any recommendations from VDGIF should be included in the JPA. The VOEQ will notify the prospective permittee whether the proposed work qualifies for the 17-SPGP-01. NOTE: Blasting of stream bottoms through the use of explosives is not acceptable as a means of providing for countersinking of pipes on bedrock. g. Pipes on steep terrain: Pipes being placed on steep terrain (slope of 5% or greater) must be countersunk in accordance with the conditions above. It is recommended that on slopes greater than 5%, a larger pipe than required be installed to allow for the passage of ordinary high water in order to increase the likelihood that natural velocities can be maintained. There may be situations where countersinking both the inlet and outlet may result in a slope in the pipe that results in flow velocities that cause excessive scour at the outlet and/or prohibit some fish movement. This type of situation could occur on the side of a mountain where falls and drop pools occur along a stream. Should this be the case, or should the prospective permittee not want to countersink the pipe/culvert for other reasons, they must provide documentation of measures evaluated to minimize disruption of the movement of aquatic life as well as documentation of the cost, engineering factors, and site conditions that prohibit countersinking the pipe/culvert. The prospective permittee should design the pipe to be placed at a slope as steep as stream characteristics allow, countersink the inlet 3-6", and implement measures to minimize any disruption of fish movement. These measures can include constructing a stone step/pool structure, preferably using river rock/native stone rather than riprap, constructing low rock weirs to create a pool or pools, or other structures to allow for fish movements in both directions. Stone structures should be designed with sufficient-sized stone to prevent 14 Last revised arl 6/15/17 erosion or washout and should include keying-in as appropriate. These structures should be designed both to allow for fish passage and to minimize scour at the outlet. The quantities of fill discharged below ordinary high water necessary to comply with these requirements (i.e., the cubic yards of stone, riprap or other fill placed below the plane of ordinary high water) must be included in project totals. The prospective permittee may find it helpful to contact the regional fishery biologist for the VDGIF, for recommendations about the measures to be taken to allow for fish movements. When seeking advice from VDGIF, the applicant should provide the VDGIF biologist with all available information such as location, flow rates, stream bottom features, description of proposed pipe(s), slopes, etc. Any recommendations from DGIF should be included in the permit application. The VDEQ will notify the prospective permittee whether the proposed work qualifies for the 17-SPGP-01. h. Problems encountered during construction: When a pipe/culvert is being replaced, and the design calls for countersinking at both ends of the pipe/culvert, and during construction it is found that the streambed/banks are on bedrock, a utility line, or other documentable obstacle, then the permittee must stop work and contact the VDEQ (contact by telephone and/or email is acceptable). The permittee must provide the VDEQ with specific information concerning site conditions and limitations on countersinking. The VDEQ will work with the permittee to determine an acceptable plan, taking into consideration the information provided by the permittee, but the permittee should recognize that the VDEQ and/or Corps could determine that the work will not qualify for a 17-SPGP-01 authorization. i. Emergency pipe replacements: In the case of an emergency situation, such as when a pipe/culvert washes out during a flood, a permittee is encouraged to countersink the replacement pipe at the time of replacement, in accordance with the conditions above. However, if conditions or timeframes do not allow for countersinking, then the pipe can be replaced as it was before the washout, but the permittee will have to come back and replace the pipe/culvert and countersink it in accordance with the guidance above. In other words, the replacement of the washed out pipe is viewed as a temporary repair, and a countersunk replacement should be made at the earliest possible date. The VDEQ must be notified of all pipes/culverts that are replaced without countersinking at the time that it occurs, and must provide the permittee's planned schedule for installing a countersunk replacement (it is acceptable to submit such notification by email). The permittee should anticipate whether bedrock or steep terrain will limit countersinking and, if so, should follow the procedures outlined in (g) and/or (h) above. 15 Last revised arl 6/15/17 25) Discharge of pollutants: All authorized activities involving any discharge of pollutants into waters of the United States shall be consistent with applicable water quality standards, effluent limitations, standards of performance, prohibitions, and pretreatment standards and management practices established pursuant to the CWA (33 U.S.C. § 1251 et seq.) and applicable state and local laws. 26)Suitable Material: No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 27)0bstruction of high flows: Discharges of dredged or fill material must not permanently restrict or impede the passage of normal or expected high flows. 28)Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 29)Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 30)Migratory Bird Breeding Areas: Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 31)Native trout and anadromous fishes: Authorizations for discharges of dredged or fill material into native trout waters or anadromous fish spawning areas are conditioned to limit in-stream work within the timeframes recommended by the DG IF. http:/1206.16.194.16/environmental-programs/filesNDGIF-Time-of-Year- Restrictions-Table. pdf 32)Water supply intakes: No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization 33)1nvasive Species: Plant species on the most current Virginia Department of Conservation and Recreation's Invasive Plant Species List shall not be used for replanting activities authorized by the SPGP. The list of invasive plants in Virginia 16 Last revised arl 6/15/17 may be found at: http://www.dcr.virginia.gov/natu ral-heritage/document/nh- invasive-plant-list-2014.pdf 34) Inspections: The permittee understands and agrees that the Corps and/or the VDEQ are permitted and allowed to make periodic inspections at any time the Corps or VDEQ deems necessary in order to assure that the activities being performed under authority of this permit are in accordance with the terms and conditions prescribed herein. The Corps reserves the right to require post- construction engineering drawings and/or surveys of any work authorized under 17-SPGP-01, as deemed necessary on a case-by-case basis. 35)Maintenance: The permittee shall maintain the work authorized herein in good condition and in conformance with all terms and conditions of this permit. All fills shall be properly maintained to ensure public safety. 36) Property rights: 17-SPGP-O 1 does not convey any property rights, either in real estate or material, or convey any exclusive privileges, nor does it authorize any injury to property or invasion of rights or any infringement of Federal, state, or local laws or regulations. If real estate rights are needed from the Corps, you must contact the Corps Real Estate Office at (757) 201-7735 or at the address listed on the front page of this permit. 37)Suspension and revocation: 17-SPGP-01 and individual verifications under 17- SPGP-01 maybe either suspended or revoked in whole or in part pursuant to the policies and procedures of 33 C.F.R. § 325.7. Any such action shall not be the basis for any claim for damages against the United States. 38)Restoration directive: The permittee, upon receipt of a restoration directive, shall restore the waters of the United States to their former conditions without expense to the United States and as directed by the Secretary of the Army or his/her authorized representative. If the permittee fails to comply with such a directive, the Secretary or his/her designee, may restore the waters of the United States to their former conditions, by contract or otherwise, and recover the cost from the permittee. 39)Special conditions: The Corps may impose other special conditions on a project verified pursuant to 17-SPGP-01 that are determined necessary to minimize adverse navigational and/or environmental effects or based on any other factor of the public interest. Failure to comply with all conditions of the authorization/verification, including special conditions, constitutes a permit violation and may subject the permittee, or his/her contractor, to criminal, civil, or administrative penalties and/or restoration. 40)False or incomplete information: In granting authorization pursuant to this permit, the Corps has relied upon information and data provided by the permittee. If, 17 Last revised arl 6/15/17 subsequent to notification by the Corps or the VDEQ that a project qualifies for this permit, such information and data prove to be materially false or materially incomplete, the Corps may suspend or revoke authorization, in whole or in part, and/or the United States or Corps may institute appropriate legal proceedings. 41 )Abandonment If the permittee decides to abandon the activity authorized under 17-SPGP-O 1, unless such abandonment is merely the transfer of property to a third party, they may be required to restore the area to the satisfaction of the Corps. 42)Transfer of verification: In order to transfer verification under 17-SPGP-01, the transferee and permittee must supply the Corps and the VDEQ with a written and signed, by all appropriate parties, request to make such a transfer. Such transfer is not effective until written approval has been granted by the Corps or the VDEQ. 43) Binding effect. The provisions of the permit authorization shall be binding on any assignee or successor in interest of the original permittee. 44)Expiration of 17-SPGP-01; Unless further suspended or revoked the 17-SPGP- 01 will be in effect until May 31, 2022. Activities which have commenced (i.e., are under construction) or are under contract to commence construction in reliance upon 17-SPGP-01 will remain authorized provided the activity is completed within twelve months of the date of this 17-SPGP-01's expiration of May 31 , 2022, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 325.7(a- e). ~~ Colonel, U.S. Army Commanding 18 Last revised arl 6/15/17 COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE P.O. Box 3000, Harrisonburg, Virginia 22801 (540) 574-7800 Fax (540) 574-7878 www.deq.virginia.gov Located at 4411 Early Road, Harrisonburg, Virginia Mathew J. Strickler Secretary of Natural Resources David K. Paylor Director Amy Thatcher Owens Regional Director January 27, 2020 University of Virginia Foundation SENT VIA E-MAIL c/o Mr. Todd Marshall RECEIPT CONFIRMATION REQUESTED PO Box 400218 Charlottesville, VA 22904 Re: Virginia Water Protection (VWP) General Permit Authorization Number WP4-19-1555 Encompass Health Hospital, Albemarle County, Virginia Notice of Planned Change Approval Letter Dear Mr. Marshall: The Virginia Department of Environmental Quality (DEQ) has received your Notice of Planned Change (NOPC) request for the VWP General Permit Authorization Number WP4-19-1555. The authorization was issued on December 16, 2019. In the NOPC request received on January 3, 2020, Eli Wright on your behalf requested the addition of Impact Area 2 (0.02 acres PFO wetland) due to additional comments related to stormwater management on the site from the local VSMP authority. The application indicated that an additional 0.04 wetland credits will be necessary to mitigate the additional impacts. In accordance with your request and pursuant to the VWP General Permit Regulation 9 VAC 25-690-80, DEQ approves the changes to impacts. This letter is an official component of the authorization and should be attached to the authorization in your files. If you have any questions, do not hesitate to contact Eric Millard at (540) 574-7813 or eric.millard@deq.virginia.gov. Sincerely, B. Keith Fowler Deputy Regional Director Enclosures: Revised Cover Page, VWP General Permit Conditions, VWP Permit Construction Status Update Form, 17-SPGP Reverification cc: Vincent Pero, U.S. Army Corps of Engineers – VIA EMAIL Eli Wright, Timmons – VIA EMAIL COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE P.O. Box 3000, Harrisonburg, Virginia 22801 (540) 574-7800 Fax (540) 574-7878 Located at 4411 Early Road, Harrisonburg, VA www.deq.virginia.gov Matthew J. Strickler Secretary of Natural Resources David K. Paylor Director Amy Thatcher Owens Regional Director January 27, 2020 University of Virginia Foundation SENT VIA E-MAIL c/o Mr. Todd Marshall RECEIPT CONFIRMATION REQUESTED PO Box 400218 Charlottesville, VA 22904 Re: Virginia Water Protection (VWP) General Permit Number WP4-19-1555 Permittee:University of Virginia Foundation Mailing Address: PO Box 400218, Charlottesville, VA 22904 Project Name:Encompass Health Hospital Project Location: Innovation Drive and Airport Road, Charlottesville, VA Project Description: The permittee proposes to construct a new 80,000 square foot, single story hospital building and associated parking, utility and stormwater infrastructure on approximately 10 acres. The Virginia Department of Environmental Quality (DEQ) has reviewed your application received on October 23, 2019 and notice of planned change requested received on January 3, 2020. Based on DEQ’s review, the proposed project qualifies for coverage under the VWP General Permit Number WP4 in accordance with 9 VAC 25-690-10 et seq. Compliance with the following requirements, limits, and other conditions, in addition to those contained in VWP General Permit WP4, is required by Va. Code §62.1-44.15:20(A) and 9 VAC 25-690-30: 1.This coverage authorizes the impact of 0.07 acre of surface waters, consisting of permanent impacts to 0.07 acre of palustrine forested (PFO) wetland. Permit No. WP4-19-1555 January 27, 2020 Page 2 of 2 2.Authorized surface water impacts shall be as depicted on the impacts map entitled “Jurisdictional Waters of the US Impacts Map”, dated October 8, 2019, revised on December 17, 2019, and received on January 3, 2020. 3.The permittee shall notify DEQ within 24 hours of discovering impacts to surface waters (including wetlands) that are not authorized by this permit. The notification shall include photographs, estimated acreage and/or linear footage of impacts, and a description of the impacts. 4.The permittee shall compensate for the authorized surface water impacts as follows: a.Compensation for permanent wetland impacts shall be provided through the purchase of 0.14 wetland credits from a DEQ-approved mitigation bank (first priority) and/or an in- lieu fee fund (second priority) that is authorized and approved by DEQ to sell credits in the area in which the impacts will occur and has credits available (as released by DEQ). Compensatory mitigation credits shall be purchased according to the priorities presented in 9 VAC 25-210-116.C.2. b.The credit sale shall be in accordance with the approved Mitigation Banking Instrument for the mitigation bank. c.This mitigation shall be completed and documentation shall be submitted to DEQ prior to commencement of project impacts. The VWP General Permit WP4 expires on August 1, 2026. If the covered activities have not been completed and the permittee wishes to complete the work, the permittee must reapply for coverage under a VWP general permit in effect at that time or a VWP individual permit. Activities in surface waters requiring a permit shall not take place except in compliance with a current VWP general permit coverage or a VWP individual permit. If you have any questions, please contact Eric Millard at (540) 574-7813 or by email at eric.millard@deq.virginia.gov. Sincerely, B. Keith Fowler Deputy Regional Director Enclosures: VWP General Permit, Attachment 1 – VWP Permit Construction Status Update Form, Attachment 2 – Monthly VWP Permit Inspection Checklist cc: Vincent Pero, USACE – VIA EMAIL Eli Wright, Timmons Group – VIA EMAIL 1 VWP GENERAL PERMIT NO. WP4 FOR IMPACTS FROM DEVELOPMENT AND CERTAIN MINING ACTIVITIES UNDER THE VIRGINIA WATER PROTECTION PERMIT AND THE VIRGINIA STATE WATER CONTROL LAW Effective date: August 2, 2016 Expiration date: August 1, 2026 In compliance with § 401 of the Clean Water Act, as amended (33 USC § 1341) and the State Water Control Law and regulations adopted pursuant thereto, the board has determined that there is a reasonable assurance that this VWP general permit, if complied with, will protect instream beneficial uses, will not violate applicable water quality standards, and will not cause or contribute to a significant impairment of state waters or fish and wildlife resources. In issuing this VWP general permit, the board has not taken into consideration the structural stability of any proposed activities. The permanent or temporary impact of up to two acres of nontidal wetlands or open water and up to 1,500 linear feet of nontidal stream bed shall be subject to the provisions of the VWP general permit set forth herein; any requirements in coverage granted under this general permit; the Clean Water Act, as amended; and the State Water Control Law and regulations adopted pursuant to it. Part I. Special Conditions. A. Authorized activities. 1. The activities authorized by this chapter shall not cause more than the permanent or temporary impacts of up to two acres of nontidal wetlands or open water and up to 1,500 linear feet of nontidal stream bed. Additional permit requirements as stipulated by the board in the coverage letter, if any, shall be enforceable conditions of this permit. 2. Any changes to the authorized permanent impacts to surface waters shall require a notice of planned change in accordance with 9VAC25-690-80. An application or request for modification to coverage or another VWP permit application may be required. 3. Any changes to the authorized temporary impacts to surface waters shall require written notification to and approval from the Department of Environmental Quality in accordance with 9VAC25-690-80 prior to initiating the impacts and restoration to preexisting conditions in accordance with the conditions of this permit. 2 4. Modification to compensation requirements may be approved at the request of the permittee when a decrease in the amount of authorized surface waters impacts occurs, provided that the adjusted compensation meets the initial compensation goals. B. Overall conditions. 1. The activities authorized by this VWP general permit shall be executed in a manner so as to minimize adverse impacts on instream beneficial uses as defined in § 62.1-10 (b) of the Code of Virginia. 2. No activity may substantially disrupt the movement of aquatic life indigenous to the water body, including those species which normally migrate through the area, unless the primary purpose of the activity is to impound water. Pipes and culverts placed in streams must be installed to maintain low flow conditions and shall be countersunk at both inlet and outlet ends of the pipe or culvert, unless otherwise specifically approved by the Department of Environmental Quality on a case-by-case basis, and as follows: The requirement to countersink does not apply to extensions or maintenance of existing pipes and culverts that are not countersunk, floodplain pipes and culverts being placed above ordinary high water, pipes and culverts being placed on bedrock, or pipes and culverts required to be placed on slopes 5.0% or greater. Bedrock encountered during construction must be identified and approved in advance of a design change where the countersunk condition cannot be met. Pipes and culverts 24 inches or less in diameter shall be countersunk three inches below the natural stream bed elevations, and pipes and culverts greater than 24 inches shall be countersunk at least six inches below the natural stream bed elevations. Hydraulic capacity shall be determined based on the reduced capacity due to the countersunk position. In all stream crossings appropriate measures shall be implemented to minimize any disruption of aquatic life movement. 3. Wet or uncured concrete shall be prohibited from entry into flowing surface waters, unless the area is contained within a cofferdam and the work is performed in the dry or unless otherwise approved by the Department of Environmental Quality. Excess or waste concrete shall not be disposed of in flowing surface waters or washed into flowing surface waters. 4. All fill material shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations. 5. Erosion and sedimentation controls shall be designed in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992, or for mining activities 3 covered by this general permit, the standards issued by the Virginia Department of Mines, Minerals and Energy that are effective as those in the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. These controls shall be placed prior to clearing and grading and maintained in good working order to minimize impacts to state waters. These controls shall remain in place until the area is stabilized and shall then be removed. 6. Exposed slopes and streambanks shall be stabilized immediately upon completion of work in each permitted impact area. All denuded areas shall be properly stabilized in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. 7. All construction, construction access (e.g., cofferdams, sheetpiling, and causeways) and demolition activities associated with the project shall be accomplished in a manner that minimizes construction or waste materials from entering surface waters to the maximum extent practicable, unless authorized by this VWP general permit. 8. No machinery may enter flowing waters, unless authorized by this VWP general permit or approved prior to entry by the Department of Environmental Quality. 9. Heavy equipment in temporarily-impacted wetland areas shall be placed on mats, geotextile fabric, or other suitable material to minimize soil disturbance to the maximum extent practicable. Equipment and materials shall be removed immediately upon completion of work. 10. All nonimpacted surface waters and compensatory mitigation areas within 50 feet of authorized activities and within the project or right-of-way limits shall be clearly flagged or marked for the life of the construction activity at that location to preclude unauthorized disturbances to these surface waters and compensatory mitigation areas during construction. The permittee shall notify contractors that no activities are to occur in these marked surface waters. 11. Temporary disturbances to surface waters during construction shall be avoided and minimized to the maximum extent practicable. All temporarily disturbed wetland areas shall be restored to preexisting conditions within 30 days of completing work at each respective temporary impact area, which shall include reestablishing preconstruction elevations and contours with topsoil from the impact area where practicable and planting or seeding with appropriate wetland vegetation according to cover type (i.e., emergent, scrub-shrub, or forested). The permittee shall take all appropriate measures to promote 4 and maintain revegetation of temporarily disturbed wetland areas with wetland vegetation through the second year post-disturbance. All temporarily impacted streams and streambanks shall be restored to their preconstruction elevations and contours with topsoil from the impact area where practicable within 30 days following the construction at that stream segment. Streambanks shall be seeded or planted with the same vegetation cover type originally present, including any necessary supplemental erosion control grasses. Invasive species identified on the Department of Conservation and Recreation's Virginia Invasive Plant Species List shall not be used to the maximum extent practicable or without prior approval from the Department of Environmental Quality. 12. Materials (including fill, construction debris, and excavated and woody materials) temporarily stockpiled in wetlands shall be placed on mats or geotextile fabric, immediately stabilized to prevent entry into state waters, managed such that leachate does not enter state waters, and completely removed within 30 days following completion of that construction activity. Disturbed areas shall be returned to preconstruction elevations and contours with topsoil from the impact area where practicable; restored within 30 days following removal of the stockpile; and restored with the same vegetation cover type originally present, including any necessary supplemental erosion control grasses. Invasive species identified on the Department of Conservation and Recreation's Virginia Invasive Plant Species List shall not be used to the maximum extent practicable or without prior approval from the Department of Environmental Quality. 13. Continuous flow of perennial springs shall be maintained by the installation of spring boxes, french drains, or other similar structures. 14. The permittee shall employ measures to prevent spills of fuels or lubricants into state waters. 15. The permittee shall conduct activities in accordance with the time-of-year restrictions recommended by the Virginia Department of Game and Inland Fisheries, the Virginia Marine Resources Commission, or other interested and affected agencies, as contained, when applicable, in Department of Environmental Quality VWP general permit coverage, and shall ensure that all contractors are aware of the time-of-year restrictions imposed. 16. Water quality standards shall not be violated as a result of the construction activities. 5 17. If stream channelization or relocation is required, all work in surface waters shall be done in the dry, unless otherwise authorized by the Department of Environmental Quality, and all flows shall be diverted around the channelization or relocation area until the new channel is stabilized. This work shall be accomplished by leaving a plug at the inlet and outlet ends of the new channel during excavation. Once the new channel has been stabilized, flow shall be routed into the new channel by first removing the downstream plug and then the upstream plug. The rerouted stream flow must be fully established before construction activities in the old stream channel can begin. C. Road crossings. 1. Access roads and associated bridges, pipes, and culverts shall be constructed to minimize the adverse effects on surface waters to the maximum extent practicable. Access roads constructed above preconstruction elevations and contours in surface waters must be bridged, piped, or culverted to maintain surface flows. 2. Installation of road crossings shall occur in the dry via the implementation of cofferdams, sheetpiling, stream diversions, or similar structures. D. Utility lines. 1. All utility line work in surface waters shall be performed in a manner that minimizes disturbance, and the area must be returned to its preconstruction elevations and contours with topsoil from the impact area where practicable and restored within 30 days of completing work in the area, unless otherwise authorized the Department of Environmental Quality. Restoration shall be the seeding of planting of the same vegetation cover type originally present, including any necessary supplemental erosion control grasses. Invasive specifies identified on the Department of Conservation and Recreation's Virginia Invasive Plant Species List shall not be used to the maximum extent practicable or without prior approval from the Department of Environmental Quality. 2. Material resulting from trench excavation may be temporarily sidecast into wetlands not to exceed a total of 90 days, provided the material is not placed in a manner such that it is dispersed by currents or other forces. 3. The trench for a utility line cannot be constructed in a manner that drains wetlands (e.g., backfilling with extensive gravel layers creating a french drain effect.). For example, utility lines may be backfilled with clay blocks to ensure that the trench does not drain surface waters through which the utility line is installed. 6 E. Stream modification and stream bank protection. 1. Riprap bank stabilization shall be of an appropriate size and design in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. 2. Riprap apron for all outfalls shall be designed in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. 3. For stream bank protection activities, the structure and backfill shall be placed as close to the stream bank as practicable. No material shall be placed in excess of the minimum necessary for erosion protection. 4. All stream bank protection structures shall be located to eliminate or minimize impacts to vegetated wetlands to the maximum extent practicable. 5. Asphalt and materials containing asphalt or other toxic substances shall not be used in the construction of submerged sills or breakwaters. 6. Redistribution of existing stream substrate for the purpose of erosion control is prohibited. 7. No material removed from the stream bottom shall be disposed of in surface waters, unless otherwise authorized by this VWP general permit. F. Dredging. 1. Dredging depths shall be determined and authorized according to the proposed use and controlling depths outside the area to be dredged. 2. Dredging shall be accomplished in a manner that minimizes disturbance of the bottom and minimizes turbidity levels in the water column. 3. If evidence of impaired water quality, such as a fish kill, is observed during the dredging, dredging operations shall cease, and the Department of Environmental Quality shall be notified immediately. 4. Barges used for the transportation of dredge material shall be filled in such a manner to prevent the overflow of dredged materials. 5. Double handling of dredged material in state waters shall not be permitted. 6. For navigation channels the following shall apply: a. A buffer of four times the depth of the dredge cut shall be maintained between the bottom edge of the design channel and the channelward limit of wetlands, or a buffer of 15 feet shall be maintained from the dredged cut and the channelward edge of 7 wetlands, whichever is greater. This landward limit of buffer shall be flagged and inspected prior to construction. b. Side slope cuts of the dredging area shall not exceed a two-horizontal-to-one- vertical slope to prevent slumping of material into the dredged area. 7. A dredged material management plan for the designated upland disposal site shall be submitted and approved 30 days prior to initial dredging activity. 8. Pipeline outfalls and spillways shall be located at opposite ends of the dewatering area to allow for maximum retention and settling time. Filter fabric shall be used to line the dewatering area and to cover the outfall pipe to further reduce sedimentation to state waters. 9. The dredge material dewatering area shall be of adequate size to contain the dredge material and to allow for adequate dewatering and settling out of sediment prior to discharge back into state waters. 10. The dredge material dewatering area shall utilize an earthen berm or straw bales covered with filter fabric along the edge of the area to contain the dredged material, filter bags, or other similar filtering practices, any of which shall be properly stabilized prior to placing the dredged material within the containment area. 11. Overtopping of the dredge material containment berms with dredge materials shall be strictly prohibited. G. Stormwater management facilities. 1. Stormwater management facilities shall be installed in accordance with best management practices and watershed protection techniques (e.g., vegetated buffers, siting considerations to minimize adverse effects to aquatic resources, bioengineering methods incorporated into the facility design to benefit water quality and minimize adverse effects to aquatic resources) that provide for long-term aquatic resources protection and enhancement, to the maximum extent practicable. 2. Compensation for unavoidable impacts shall not be allowed within maintenance areas of stormwater management facilities. 3. Maintenance activities within stormwater management facilities shall not require additional permit coverage or compensation provided that the maintenance activities do not exceed the original contours of the facility, as approved and constructed, and is accomplished in designated maintenance areas as indicated in the facility maintenance 8 or design plan or when unavailable, an alternative plan approved by the Department of Environmental Quality. Part II. Construction and Compensation Requirements, Monitoring, and Reporting. A. Minimum compensation requirements. 1. The permittee shall provide any required compensation for impacts in accordance with the conditions in this VWP general permit, the coverage letter, and the chapter promulgating the general permit. For all compensation that requires a protective mechanism, including preservation of surface waters or buffers, the permittee shall record the approved protective mechanism in the chain of title to the property, or an equivalent instrument for government-owned lands, and proof of recordation shall be submitted to the Department of Environmental Quality prior to commencing impacts in surface waters. 2. Compensation options that may be considered under this VWP general permit shall meet the criteria in 9VAC25-690-70 and 9VAC25-210-116. 3. The permittee-responsible compensation site or sites depicted in the conceptual compensation plan submitted with the application shall constitute the compensation site. A site change may require a modification to coverage. 4. For compensation involving the purchase of mitigation bank credits or the purchase of in-lieu fee program credits, the permittee shall not initiate work in permitted impact areas until documentation of the mitigation bank credit purchase or of the in-lieu fee program credit purchase has been submitted to and received by the Department of Environmental Quality. 5. The final compensation plan shall be submitted to and approved by the board prior to a construction activity in permitted impact areas. The board shall review and provide written comments on the final plan within 30 days of receipt or it shall be deemed approved. The final plan as approved by the board shall be an enforceable requirement of any coverage under this VWP general permit. Deviations from the approved final plan shall be submitted and approved in advance by the board. a. The final permittee-responsible wetlands compensation plan shall include: (1) The complete information on all components of the conceptual compensation plan. 9 (2) A summary of the type and acreage of existing wetland impacts anticipated during the construction of the compensation site and the proposed compensation for these impacts; a site access plan; a monitoring plan, including proposed success criteria, monitoring goals, and the location of photo-monitoring stations, monitoring wells, vegetation sampling points, and reference wetlands or streams, if available; an abatement and control plan for undesirable plant species; an erosion and sedimentation control plan; a construction schedule; and the final protective mechanism for the compensation site or sites, including all surface waters and buffer areas within its boundaries. (3) The approved protective mechanism. The protective mechanism shall be recorded in the chain of title to the property, or an equivalent instrument for government-owned lands, and proof of recordation shall be submitted to the Department of Environmental Quality prior to commencing impacts in surface waters. b. The final permittee-responsible stream compensation plan shall include: (1) The complete information on all components of the conceptual compensation plan. (2) An evaluation, discussion, and plan drawing or drawings of existing conditions on the proposed compensation stream, including the identification of functional and physical deficiencies for which the measures are proposed, and summary of geomorphologic measurements (e.g., stream width, entrenchment ratio, width- depth ratio, sinuosity, slope, substrate, etc.); a site access plan; a monitoring plan, including a monitoring and reporting schedule, monitoring design and methodologies for success, proposed success criteria, location of photo- monitoring stations, vegetation sampling points, survey points, bank pins, scour chains, and reference streams; an abatement and control plan for undesirable plant species; an erosion and sedimentation control plan, if appropriate; a construction schedule; a plan-view drawing depicting the pattern and all compensation measures being employed; a profile drawing; cross-sectional drawing or drawings of the proposed compensation stream; and the final protective mechanism for the protection of the compensation site or sites, including all surface waters and buffer areas within its boundaries. 10 (3) The approved protective mechanism. The protective mechanism shall be recorded in the chain of title to the property, or an equivalent instrument for government-owned lands, and proof of recordation shall be submitted to the Department of Environmental Quality prior to commencing impacts in surface waters. 6. The following criteria shall apply to permittee-responsible wetland or stream compensation; a. The vegetation used shall be native species common to the area, shall be suitable for growth in local wetland or riparian conditions, and shall be from areas within the same or adjacent U.S. Department of Agriculture Plant Hardiness Zone or Natural Resources Conservation Service Land Resource Region as that of the project site. Planting of woody plants shall occur when vegetation is normally dormant, unless otherwise approved in the final wetlands or stream compensation plan or plans. b. All work in permitted impact areas shall cease if compensation site construction has not commenced within 180 days of commencement of project construction, unless otherwise authorized by the board. c. The Department of Environmental Quality shall be notified in writing prior to the initiation of construction activities at the compensation site. d. Point sources of stormwater runoff shall be prohibited from entering a wetland compensation site prior to treatment by appropriate best management practices. Appropriate best management practices may include sediment traps, grassed waterways, vegetated filter strips, debris screens, oil and grease separators, or forebays. e. The success of the compensation shall be based on meeting the success criteria established in the approved final compensation plan. f. If the wetland or stream compensation area fails to meet the specified success criteria in a particular monitoring year, other than the final monitoring year, the reasons for this failure shall be determined, and a corrective action plan shall be submitted to the Department of Environmental Quality for approval with or before that year's monitoring report. The corrective action plan shall contain at minimum the proposed actions, a schedule for those actions, and a monitoring plan, and shall be implemented by the permittee in accordance with the approved schedule. Should significant changes be necessary to ensure success, the required monitoring cycle 11 shall begin again, with monitoring year one being the year that the changes are complete, as confirmed by the Department of Environmental Quality. If the wetland or stream compensation area fails to meet the specified success criteria by the final monitoring year or if the wetland or stream compensation area has not met the stated restoration goals, reasons for this failure shall be determined and a corrective action plan, including proposed actions, a schedule, and a monitoring plan, shall be submitted with the final year monitoring report for Department of Environmental Quality approval. Corrective action shall be implemented by the permittee in accordance with the approved schedule. Annual monitoring shall be required to continue until two sequential, annual reports indicate that all criteria have been successfully satisfied and the site has met the overall restoration goals (e.g., that corrective actions were successful). g. The surveyed wetland boundary for the wetlands compensation site shall be based on the results of the hydrology, soils, and vegetation monitoring data and shall be shown on the site plan. Calculation of total wetland acreage shall be based on that boundary at the end of the monitoring cycle. Data shall be submitted by December 31 of the final monitoring year. h. Herbicides or algicides shall not be used in or immediately adjacent to the wetlands or stream compensation site or sites without prior authorization by the board. All vegetation removal shall be done by manual means, unless authorized by the Department of Environmental Quality in advance. B. Impact site construction monitoring. 1. Construction activities authorized by this permit that are within impact areas shall be monitored and documented. The monitoring shall consist of: a. Preconstruction photographs taken at each impact area prior to initiation of activities within impact areas. Photographs shall remain on the project site and depict the impact area and the nonimpacted surface waters immediately adjacent to and downgradient of each impact area. Each photograph shall be labeled to include the following information: permit number, impact area number, date and time of the photograph, name of the person taking the photograph, photograph orientation, and photograph subject description. b. Site inspections shall be conducted by the permittee or the permittee's qualified designee once every calendar month during activities within impact areas. Monthly 12 inspections shall be conducted in the following areas: all authorized permanent and temporary impact areas; all avoided surface waters, including wetlands, stream channels, and open water; surface water areas within 50 feet of any land disturbing activity and within the project or right-of-way limits; and all on-site permanent preservation areas required under this permit. Observations shall be recorded on the inspection form provided by the Department of Environmental Quality. The form shall be completed in its entirety for each monthly inspection and shall be kept on site and made available for review by the Department of Environmental Quality staff upon request during normal business hours. Inspections are not required during periods of no activity within impact areas. 2. Monitoring of water quality parameters shall be conducted during permanent relocation of perennial streams through new channels in the manner noted below. The permittee shall report violations of water quality standards to the Department of Environmental Quality in accordance with the procedures in 9VAC25-690-100 Part II E. Corrective measures and additional monitoring may be required if water quality standards are not met. Reporting shall not be required if water quality standards are not violated. a. A sampling station shall be located upstream and immediately downstream of the relocated channel. b. Temperature, pH, and dissolved oxygen (D.O.) measurements shall be taken every 30 minutes for at least two hours at each station prior to opening the new channels and immediately before opening new channels. c. Temperature, pH, and D.O. readings shall be taken after opening the channels and every 30 minutes for at least three hours at each station. C. Permittee-responsible wetland compensation site monitoring. 1. An as-built ground survey, or an aerial survey provided by a firm specializing in aerial surveys, shall be conducted for the entire compensation site or sites including invert elevations for all water elevation control structures and spot elevations throughout the site or sites. Aerial surveys shall include the variation from actual ground conditions, such as +/- 0.2 feet. Either type of survey shall be certified by a licensed surveyor or by a registered professional engineer to conform to the design plans. The survey shall be submitted within 60 days of completing compensation site construction. Changes or 13 deviations in the as-built survey or aerial survey shall be shown on the survey and explained in writing. 2. Photographs shall be taken at the compensation site or sites from the permanent markers identified in the final compensation plan, and established to ensure that the same locations and view directions at the site or sites are monitored in each monitoring period. These photographs shall be taken after the initial planting and at a time specified in the final compensation plan during every monitoring year. 3. Compensation site monitoring shall begin on day one of the first complete growing season (monitoring year 1) after wetland compensation site construction activities, including planting, have been completed. Monitoring shall be required for monitoring years 1, 2, 3, and 5, unless otherwise approved by the Department of Environmental Quality. In all cases, if all success criteria have not been met in the final monitoring year, then monitoring shall be required for each consecutive year until two annual sequential reports indicate that all criteria have been successfully satisfied. 4. The establishment of wetland hydrology shall be measured during the growing season, with the location and number of monitoring wells, and frequency of monitoring for each site, set forth in the final monitoring plan. Hydrology monitoring well data shall be accompanied by precipitation data, including rainfall amounts either from on site or from the closest weather station. Once the wetland hydrology success criteria have been satisfied for a particular monitoring year, monitoring may be discontinued for the remainder of that monitoring year following Department of Environmental Quality approval. After a period of three monitoring years, the permittee may request that hydrology monitoring be discontinued, providing that adequate hydrology has been established and maintained. Hydrology monitoring shall not be discontinued without written approval from the Department of Environmental Quality. 5. The presence of hydric soils or soils under hydric conditions shall be evaluated in accordance with the final compensation plan. 6. The establishment of wetland vegetation shall be in accordance with the final compensation plan. Monitoring shall take place in August, September, or October during the growing season of each monitoring year, unless otherwise authorized in the monitoring plan. 7. The presence of undesirable plant species shall be documented. 14 8. All wetland compensation monitoring reports shall be submitted in accordance with 9VAC25-690-100 Part II E 6. D. Permittee-responsible stream compensation and monitoring. 1. Riparian buffer restoration activities shall be detailed in the final compensation plan and shall include, as appropriate, the planting of a variety of native species currently growing in the site area, including appropriate seed mixtures and woody species that are bare root, balled, or burlapped. A minimum buffer width of 50 feet, measured from the top of the stream bank at bankfull elevation landward on both sides of the stream, shall be required where practical. 2. The installation of root wads, vanes, and other instream structures, shaping of the stream banks, and channel relocation shall be completed in the dry whenever practicable. 3. Livestock access to the stream and designated riparian buffer shall be limited to the greatest extent practicable. 4. Stream channel restoration activities shall be conducted in the dry or during low flow conditions. When site conditions prohibit access from the streambank or upon prior authorization from the Department of Environmental Quality, heavy equipment may be authorized for use within the stream channel. 5. Photographs shall be taken at the compensation site from the vicinity of the permanent photo-monitoring stations identified in the final compensation plan. The photograph orientation shall remain constant during all monitoring events. At a minimum, photographs shall be taken from the center of the stream, facing downstream, with a sufficient number of photographs to view the entire length of the restoration site. Photographs shall document the completed restoration conditions. Photographs shall be taken prior to site activities, during instream and riparian compensation construction activities, within one week of completion of activities, and during at least one day of each monitoring year to depict restored conditions. 6. An as-built ground survey, or an aerial survey provided by a firm specializing in aerial surveys, shall be conducted for the entire compensation site or sites. Aerial surveys shall include the variation from actual ground conditions, such as +/- 0.2 feet. The survey shall be certified by the licensed surveyor or by a registered, professional engineer to conform to the design plans. The survey shall be submitted within 60 days of completing compensation site construction. Changes or deviations from the final compensation 15 plans in the as-built survey or aerial survey shall be shown on the survey and explained in writing. 7. Compensation site monitoring shall begin on day one of the first complete growing season (monitoring year 1) after stream compensation site construction activities, including planting, have been completed. Monitoring shall be required for monitoring years 1 and 2, unless otherwise approved by the Department of Environmental Quality. In all cases, if all success criteria have not been met in the final monitoring year, then monitoring shall be required for each consecutive year until two annual sequential reports indicate that all criteria have been successfully satisfied. 8. All stream compensation site monitoring reports shall be submitted by in accordance with 9VAC25-690-100 Part II E 6. E. Reporting. 1. Written communications required by this VWP general permit shall be submitted to the appropriate Department of Environmental Quality office. The VWP general permit tracking number shall be included on all correspondence. 2. The Department of Environmental Quality shall be notified in writing prior to the start of construction activities at the first permitted impact area. 3. A construction status update form provided by the Department of Environmental Quality shall be completed and submitted to the Department of Environmental Quality twice per year for the duration of coverage under a VWP general permit. Forms completed in June shall be submitted by or on July 10, and forms completed in December shall be submitted by or on January 10. The form shall include reference to the VWP permit tracking number and one of the following statements for each authorized surface water impact location: a. Construction activities have not yet started; b. Construction activities have started; c. Construction activities have started but are currently inactive; or d. Construction activities are complete. 4. The Department of Environmental Quality shall be notified in writing within 30 days following the completion of all activities in all authorized impact areas. 16 5. The Department of Environmental Quality shall be notified in writing prior to the initiation of activities at the permittee-responsible compensation site. The notification shall include a projected schedule of activities and construction completion. 6. All permittee-responsible compensation site monitoring reports shall be submitted annually by December 31, with the exception of the last year, in which case the report shall be submitted at least 60 days prior to the expiration of the general permit, unless otherwise approved by the Department of Environmental Quality. a. All wetland compensation site monitoring reports shall include, as applicable, the following: (1) General description of the site including a site location map identifying photo- monitoring stations, vegetative and soil monitoring stations, monitoring wells, and wetland zones. (2) Summary of activities completed during the monitoring year, including alterations or maintenance conducted at the site. (3) Description of monitoring methods. (4) Analysis of all hydrology information, including monitoring well data, precipitation data, and gauging data from streams or other open water areas, as set forth in the final compensation plan. (5) Evaluation of hydric soils or soils under hydric conditions, as appropriate. (6) Analysis of all vegetative community information, including woody and herbaceous species, both planted and volunteers, as set forth in the final compensation plan. (7) Photographs labeled with the permit number, the name of the compensation site, the photo-monitoring station number, the photograph orientation, the date and time of the photograph, the name of the person taking the photograph, and a brief description of the photograph subject. This information shall be provided as a separate attachment to each photograph, if necessary. Photographs taken after the initial planting shall be included in the first monitoring report after planting is complete. (8) Discussion of wildlife or signs of wildlife observed at the compensation site. (9) Comparison of site conditions from the previous monitoring year and reference site. 17 (10) Discussion of corrective measures or maintenance activities to control undesirable species, to repair damaged water control devices, or to replace damaged planted vegetation. (11) Corrective action plan that includes proposed actions, a schedule, and monitoring plan. b. All stream compensation site monitoring reports shall include, as applicable, the following: (1) General description of the site including a site location map identifying photo- monitoring stations and monitoring stations. (2) Summary of activities completed during the monitoring year, including alterations or maintenance conducted at the site. (3) Description of monitoring methods. (4) Evaluation and discussion of the monitoring results in relation to the success criteria and overall goals of compensation. (5) Photographs shall be labeled with the permit number, the name of the compensation site, the photo-monitoring station number, the photograph orientation, the date and time of the photograph, the name of the person taking the photograph, and a brief description of the photograph subject. Photographs taken prior to compensation site construction activities, during instream and riparian restoration activities, and within one week of completion of activities shall be included in the first monitoring report. (6) Discussion of alterations, maintenance, or major storm events resulting in significant change in stream profile or cross section, and corrective actions conducted at the stream compensation site. (7) Documentation of undesirable plant species and summary of abatement and control measures. (8) Summary of wildlife or signs of wildlife observed at the compensation site. (9) Comparison of site conditions from the previous monitoring year and reference site, and as-built survey, if applicable. (10) Corrective action plan that includes proposed actions, a schedule and monitoring plan. 18 (11) Additional submittals that were approved by the Department of Environmental Quality in the final compensation plan. 7. The permittee shall notify the Department of Environmental Quality in writing when unusual or potentially complex conditions are encountered which require debris removal or involve potentially toxic substance. Measures to remove the obstruction, material, or toxic substance or to change the location of a structure are prohibited until approved by the Department of Environmental Quality. 8. The permittee shall report fish kills or spills of oil or fuel immediately upon discovery. If spills or fish kills occur between the hours of 8:15 a.m. to 5 p.m., Monday through Friday, the appropriate Department of Environmental Quality regional office shall be notified; otherwise, the Department of Emergency Management shall be notified at 1-800-468- 8892. 9. Violations of state water quality standards shall be reported to the appropriate Department of Environmental Quality office no later than the end of the business day following discovery. 10. The permittee shall notify the Department of Environmental Quality no later than the end of the third business day following the discovery of additional impacts to surface waters including wetlands, stream channels, and open water that are not authorized by the Department of Environmental Quality or to any required preservation areas. The notification shall include photographs, estimated acreage or linear footage of impacts, and a description of the impacts. 11. Submittals required by this VWP general permit shall contain the following signed certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violation." 19 Part III. Conditions Applicable to All VWP General Permits. A. Duty to comply. The permittee shall comply with all conditions, limitations, and other requirements of the VWP general permit; any requirements in coverage granted under this VWP general permit ; the Clean Water Act, as amended; and the State Water Control Law and regulations adopted pursuant to it. Any VWP general permit violation or noncompliance is a violation of the Clean Water Act and State Water Control Law and is grounds for (i) enforcement action, (ii) VWP general permit coverage termination for cause, (iii) VWP general permit coverage revocation, (iv) denial of application for coverage, or (v) denial of an application for a modification to VWP general permit coverage. Nothing in this VWP general permit shall be construed to relieve the permittee of the duty to comply with all applicable federal and state statutes, regulations, and toxic standards and prohibitions. B. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent impacts in violation of the VWP general permit which may have a reasonable likelihood of adversely affecting human health or the environment. C. Reopener. This VWP general permit may be reopened to modify its conditions when the circumstances on which the previous VWP general permit was based have materially and substantially changed, or special studies conducted by the board or the permittee show material and substantial change since the time the VWP general permit was issued and thereby constitute cause for revoking and reissuing the VWP general permit. D. Compliance with state and federal law. Compliance with this VWP general permit constitutes compliance with the VWP permit requirements of the State Water Control Law. Nothing in this VWP general permit shall be construed to preclude the institution of any legal action under or relieve the permittee from any responsibilities, liabilities, or other penalties established pursuant to any other state law or regulation or under the authority preserved by § 510 of the Clean Water Act. E. Property rights. The issuance of this VWP general permit does not convey property rights in either real or personal property or any exclusive privileges, nor does it authorize injury to private property, any invasion of personal property rights, or any infringement of federal, state, or local laws or regulations. F. Severability. The provisions of this VWP general permit are severable. G. Inspection and entry. Upon presentation of credential, the permittee shall allow the board or any duly authorized agent of the board, at reasonable times and under reasonable 20 circumstances, to enter upon the permittee's property, public or private, and have access to inspect and copy any records that must be kept as part of the VWP general permit conditions; to inspect any facilities, operations, or practices (including monitoring and control equipment) regulated or required under the VWP general permit; and to sample or monitor any substance, parameter, or activity for the purpose of assuring compliance with the conditions of the VWP general permit or as otherwise authorized by law. For the purpose of this section, the time for inspection shall be deemed reasonable during regular business hours. Nothing contained herein shall make an inspection time unreasonable during an emergency. H. Transferability of VWP general permit coverage. VWP general permit coverage may be transferred to another permittee when all of the criteria listed in this subsection are met. On the date of the VWP general permit coverage transfer, the transferred VWP general permit coverage shall be as fully effective as if it had been granted directly to the new permittee. 1. The current permittee notifies the board of the proposed transfer of the general permit coverage and provides a written agreement between the current and new permittees containing a specific date of transfer of VWP general permit responsibility, coverage, and liability to the new permittee, or that the current permittee will retain such responsibility, coverage, or liability, including liability for compliance with the requirements of enforcement activities related to the authorized activity. 2. The board does not within 15 days notify the current and new permittees of its intent to modify or revoke and reissue the VWP general permit. I. Notice of planned change. VWP general permit coverage may be modified subsequent to issuance in accordance with 9VAC25-690-80. J. VWP general permit coverage termination for cause. VWP general permit coverage is subject to termination for cause by the board after public notice and opportunity for a hearing pursuant to § 62.1-44.15:02 of the Code of Virginia. Reasons for termination for cause are as follows: 1. Noncompliance by the permittee with any provision of this chapter, any condition of the VWP general permit, or any requirement in general permit coverage; 2. The permittee's failure in the application or during the process of granting VWP general permit coverage to disclose fully all relevant facts or the permittee's misrepresentation of any relevant facts at any time; 3. The permittee's violation of a special or judicial order; 21 4. A determination by the board that the authorized activity endangers human health or the environment and can be regulated to acceptable levels by a modification to VWP general permit coverage or a termination; 5. A change in any condition that requires either a temporary or permanent reduction or elimination of any activity controlled by the VWP general permit; or 6. A determination that the authorized activity has ceased and that the compensation for unavoidable adverse impacts has been successfully completed. K. The board may terminate VWP general permit coverage without cause when the permittee is no longer a legal entity due to death or dissolution or when a company is no longer authorized to conduct business in the Commonwealth. The termination shall be effective 30 days after notice of the proposed termination is sent to the last known address of the permittee or registered agent, unless the permittee objects within that time. If the permittee does object during that period, the board shall follow the applicable procedures for termination under §§ 62.1-44.15:02 and 62.1-44.15:25 of the Code of Virginia. L. VWP general permit coverage termination by consent. The permittee shall submit a request for termination by consent within 30 days of completing or canceling all authorized activities requiring notification under 9VAC25-690-50 A and all compensatory mitigation requirements. When submitted for project completion, the request for termination by consent shall constitute a notice of project completion in accordance with 9VAC25-210-130 F. The director may accept this termination of coverage on behalf of the board. The permittee shall submit the following information: 1. Name, mailing address, and telephone number; 2. Name and location of the activity; 3. The VWP general permit tracking number; and 4. One of the following certifications: a. For project completion: "I certify under penalty of law that all activities and any required compensatory mitigation authorized by the VWP general permit and general permit coverage have been completed. I understand that by submitting this notice of termination I am no longer authorized to perform activities in surface waters in accordance with the VWP general permit and general permit coverage, and that performing activities in surface waters is unlawful where the activity is not authorized by the VWP permit or 22 coverage, unless otherwise excluded from obtaining coverage. I also understand that the submittal of this notice does not release me from liability for any violations of the VWP general permit or coverage." b. For project cancellation: "I certify under penalty of law that the activities and any required compensatory mitigation authorized by the VWP general permit and general permit coverage will not occur. I understand that by submitting this notice of termination I am no longer authorized to perform activities in surface waters in accordance with the VWP general permit and general permit coverage, and that performing activities in surface waters is unlawful where the activity is not authorized by the VWP permit or coverage, unless otherwise excluded from obtaining coverage. I also understand that the submittal of this notice does not release me from liability for any violations of the VWP general permit or coverage, nor does it allow me to resume the authorized activities without reapplication and coverage." c. For events beyond permittee control, the permittee shall provide a detailed explanation of the events, to be approved by the Department of Environmental Quality, and the following certification statement: "I certify under penalty of law that the activities or the required compensatory mitigation authorized by the VWP general permit and general permit coverage have changed as the result of events beyond my control (see attached). I understand that by submitting this notice of termination I am no longer authorized to perform activities in surface waters in accordance with the VWP general permit and general permit coverage, and that performing activities in surface waters is unlawful where the activity is not authorized by the VWP permit or coverage, unless otherwise excluded from obtaining coverage. I also understand that the submittal of this notice does not release me from liability for any violations of the VWP general permit or coverage, nor does it allow me to resume the authorized activities without reapplication and coverage." M. Civil and criminal liability. Nothing in this VWP general permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. N. Oil and hazardous substance liability. Nothing in this VWP general permit shall be construed to preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under § 311 23 of the Clean Water Act or §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. O. Duty to cease or confine activity. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the activity for which VWP general permit coverage has been granted in order to maintain compliance with the conditions of the VWP general permit or coverage. P. Duty to provide information. 1. The permittee shall furnish to the board any information that the board may request to determine whether cause exists for modifying, revoking, or terminating VWP permit coverage or to determine compliance with the VWP general permit or general permit coverage. The permittee shall also furnish to the board, upon request, copies of records required to be kept by the permittee. 2. Plans, maps, conceptual reports, and other relevant information shall be submitted as required by the board prior to commencing construction. Q. Monitoring and records requirements. 1. Monitoring of parameters, other than pollutants, shall be conducted according to approved analytical methods as specified in the VWP general permit. Analysis of pollutants will be conducted according to 40 CFR Part 136 (2000), Guidelines Establishing Test Procedures for the Analysis of Pollutants. 2. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. 3. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart or electronic recordings for continuous monitoring instrumentation, copies of all reports required by the VWP general permit, and records of all data used to complete the application for coverage under the VWP general permit, for a period of at least three years from the date of general permit expiration. This period may be extended by request of the board at any time. 4. Records of monitoring information shall include, as appropriate: a. The date, exact place, and time of sampling or measurements; b. The name of the individuals who performed the sampling or measurements; c. The date and time the analyses were performed; d. The name of the individuals who performed the analyses; 24 e. The analytical techniques or methods supporting the information such as observations, readings, calculations, and bench data used; f. The results of such analyses; and g. Chain of custody documentation. R. Unauthorized discharge of pollutants. Except in compliance with this VWP general permit, it shall be unlawful for the permittee to: 1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; 2. Excavate in a wetland; 3. Otherwise alter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, for recreation, or for other uses; or 4. On and after October 1, 2001, conduct the following activities in a wetland: a. New activities to cause draining that significantly alters or degrades existing wetland acreage or functions; b. Filling or dumping; c. Permanent flooding or impounding; or d. New activities that cause significant alteration or degradation of existing wetland acreage or functions. S. Duty to reapply. Any permittee desiring to continue a previously authorized activity after the expiration date of the VWP general permit shall comply with the provisions in 9VAC25-690- 27. 1Provide spot elevations of the stream bottom within the thalweg at the beginning and end of the pipe or culvert, extending to a minimum of 10 feet beyond the limits of the impact, with completion of all culvert installations. 2 If all construction activities and compensatory mitigation requirements are complete, the permittee completes and signs the Termination Agreement section below within 30 days of last authorized activity and/or compensation completion. A completed and signed Agreement serves as Notice of Project Completion (9VAC25-210-130 F). Attachment 1: VWP PERMIT CONSTRUCTION STATUS UPDATE FORM WP4-19-1555, 1/27/20, NOPC Report Due Date (check one): Due July 10, ________ / Due January 10, __________ VWP Permit No: WP4-19-1555 / Project Name: Encompass Health Hospital Status within each authorized surface water impact location map, as identified on the WP4 Permit Cover page: (check one of the following status options for each impact number/location. Attach additional sheet(s) if needed.) Authorized Impact number Construction activities not started Construction activities started Construction activities started but currently not active Does this impact involve culvert(s)1? Construction activities complete2 Wetland Impact Area 1 Wetland Impact Area 2 Compensation Date Purchased Wetland Credits (0.14 wetland credits) I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violation. Authorized Signature: _____________________________________ Print Name: _____________________________________ Title: _____________________________________ Phone: _______________________ Date: ______________________ Email: _________________________________________ TERMINATION AGREEMENT BY CONSENT – PROJECT COMPLETION VWP Permit No: WP4-19-1555 / Project Name: Encompass Health Hospital Permittee Name:_______________________________________________________________________ Permittee Mailing Address: ______________________________________________________________ Permittee Email: _______________________________________________________________________ Permittee Phone: _______________________________ I hereby consent to the termination of coverage for VWP General Permit Tracking Number WP4-19-1555 "I certify under penalty of law that all activities and any required compensatory mitigation authorized by the VWP general permit and general permit coverage have been completed. I understand that by submitting this notice of termination I am no longer authorized to perform activities in surface waters in accordance with the VWP general permit and general permit coverage, and that performing activities in surface waters is unlawful where the activity is not authorized by the VWP permit or coverage, unless otherwise excluded from obtaining coverage. I also understand that the submittal of this notice does not release me from liability for any violations of the VWP general permit or coverage." Permittee Signature: ______________________________________ Attachment 2: MONTHLY VWP PERMIT INSPECTION CHECKLIST An inspection of all permitted impact areas, avoided waters and wetlands, and permanently preserved waters, wetlands and upland areas must be conducted at least once every month during active construction activities. Maintain this record on-site and available for inspection by DEQ staff. Project Name Encompass Health Hospital VWP Permit # WP4-19-1555 Inspection Date Inspector Name & Affiliation Phone # & Email Address I certify that the information contained in this report 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 Inspector : ___________________________________________________ Date: ___________________ In Compliance? PERMIT REQUIREMENT YesNoNot ApplicableLocation, Description, Notes & Corrective Action Taken (use additional note space below if needed) Date Completed Surface water impacts are limited to the size and locations specified by the permit. No sedimentation impacts and no impacts to upland preservation areas have occurred1. ☐☐☐ Within 50 feet of authorized activities, all remaining surface waters and mitigation (preservation) areas that are inside the project area are clearly flagged or marked to prevent unpermitted impacts. ☐☐☐ Authorized temporary impact areas have been restored to original contours, stabilized, and planted or seeded with original wetland vegetation type within 30 days of completing work in each area. ☐☐☐ E&S controls consistent with the Virginia ESC Handbook are present and maintained in good working order.☐☐☐ Exposed slopes/stream banks have been stabilized immediately upon completion of work in each impact area, in accordance with the Virginia ESC Handbook. ☐☐☐ Heavy equipment is placed on mats/ geotextile fabric when working in temporary wetland impact areas. Equipment and materials removed immediately upon completion of work. ☐☐☐ Construction activities are not substantially disrupting the movement of aquatic life.☐☐☐ New instream pipes and culverts on <5% slope have been installed to maintain low flow conditions and are countersunk at both ends as follows: ≤ 24” diameter: countersunk 3” > 24” diameter: countersunk 6” or more. Any variations were approved in advance by DEQ. ☐☐☐ Time-of-year restrictions are being adhered to.☐☐☐ For stream channelization or relocation, work in surface waters is being performed in the dry, with all flows diverted until the new channel is stabilized. ☐☐☐ Water quality monitoring is being conducted during permanent stream relocations.☐☐☐ Streams and wetlands are free from any sheen or discoloration that may indicate a spill of oil, lubricants, concrete or other pollutants.2 ☐☐☐ 1 If unauthorized impacts have occurred, you must email or fax a copy of this report to DEQ within 24 hours of discovery. Email: vro.vwp@deq.virginia.gov Fax: 540-574-7878 2 Any fish kills or spills of fuels or oils shall be reported to DEQ immediately upon discovery at 540-574-7854. If DEQ cannot be reached, the spill or fish kill shall be reported to the Virginia Department of Emergency Management (VDEM) at 1-800-468- 8892 or the National Response Center (NRC) at 1-800-424-8802. Any spill of oil as defined in § 62.1-44.34:14 of the Code of Virginia that is less than 25 gallons and that reaches, or that is expected to reach, land only is not reportable, if recorded per § 62.1-44.34:19.2 of the Code of Virginia and if properly cleaned up. Inspection Notes