HomeMy WebLinkAboutWPO202000038 VSMP - SWPPP 2020-12-15ALBEMARLE COUNTY
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
FOR CONSTRUCTION ACTIVITIES AT:
SLEEP NUMBER
1425 SEMINOLE TRAIL
CHARLOTTESVILLE, VA 22901
PREPARED BY:
COLLINS ENGINEERING, INC
200 GARRETT STREET, SUITE K
CHARLOTTESVILLE, VA 22902
434.293.3719
PREPARED FOR:
SOUTHEASTERN RETAIL DEVELOPMENT, LLC
2050 CIRCLE HIGHWAY 30A WEST BLDG M-1, UNIT 231
SANTA ROSA BEACH, FL 32459
SWPPP PREPARATION DATE: �0
UPDATED:12/7/2020
3COTT/R. CtT[UNS'z
Lic. No. 035791,E
12/7/20
TABLE OF CONTENTS:
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. IMPAIRED WATERS
8. QUALIFIED PERSONNEL
9. SIGNED CERTIFICATION
10. DELEGATION OF AUTHORITY
11. DEPARTMENT OF ENVIRONMENTAL QUALITY GENERAL PERMIT COPY
12. INSPECTION LOG
13. GRADING AND STABILIZATION ACTIVITIES LOG
14. AMENDMENT LOG
SECTION 1
I N :1ci 1.11 MIT -A IRR,IR2fill IaLVAIA►kI
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY FOR OFFICE USE ONLY
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM ID Number:
CONSTRUCTION ACTIVITIES (VAR10) Technical Criteria: 11B ❑ IIC ❑
REGISTRATION STATEMENT 2019
NEW ISSUANCE 191
MODIFICATION WITH ACREAGE INCREASE ❑
Existing Permit Coverage Number (if applicable,
Section I. Operator/Permittee Information.
RE -ISSUANCE ❑
MODIFICATION WITHOUT ACREAGE INCREASE ❑
A. Construction Activity Operator (Permittee). The person or entity that is applying for permit coverage and will have
operational control over construction activities to ensure compliance with the general permit. A person with
signatory authority for this operator must sign the certification in Section A. (per Part III. K. of the VAR10 Permit).
Construction Activity
Operator Name: SOUTHEASTERN RETAIL DEVELOPMENT, LLC
Contact person:
Address:
City, State, Zip Code:
Phone Number:
Primary Email:
CC Email:
CIRCLE HWY 30A WEST BLDG M-1. UNIT 231
SANTA ROSA BEACH, FL 32459
850-660-1917
jr-kevef Q 5erj4c.. Caw,
i n,:�.�.. 1� 3QG �1�• npw.
B. Billing Information (leave blank if same as the Operator identified in Section I. A. above). This entity will receive
Annual Permit Maintenance and Permit Modification Fee invoices (if applicable).
Name:
Contact Person:
Address:
City, State Zip Code:
Phone Number:
Primary Email:
CC Email:
C. May we transmit correspondence electronically? You must: choose YES and include a valid email in order to pay by
credit card and to receive your permit coverage approval letter via email:
YES M NO ❑
Rev04/2019 PAGE 1 17
CONSTRUCTION GENERAL PERMIT IVAR301 REGISTRATION STATEMENT 2019
Section II. Construction Activity Location Information. Project site information.
A. Include a site map showing the location of the existing or proposed land -disturbing activities, the limits of land
disturbance, construction entrances and all water bodies receiving stormwater discharges from the site.
B. Construction Activity Name:
Address:
City and/or County and Zip Code:
Latitude and Longitude
(6-digit, decimal degrees format):
C. Construction Activity Entrance Location
(description, street address and/or
latitude/longitude in decimal degrees):
SLEEP NUMBER
1425 SEMINOLE TRAIL
CHARLOTTESVILLE, VA 22901
38.075857,-78.478819
38.075857.-78.478819
Section III. Offsite Support Activity Location Information. List all offsite support activities to be included under this
permit registration. Enter additional areas on a separate page. Offsite areas not included on this registration may need
to obtain coverage under a separate VPDES permit.
A. Offsite Activity Name: SLEEP NUMBER (ENTRANCE IMPROVEMENTS)
Address: 1425 SEMINOLE TRAIL
City and/or County and Zip Code:
Latitude and Longitude
(6-digit, decimal degrees format):
B. Offsite Activity Entrance Location
(description, street address and/or
latitude/longitude in decimal degrees):
Section IV. Site Information.
38.075857,-78.478819
A. Acreage totals for all land -disturbing activities to be included under this
permit coverage. Report to the nearest one -hundredth of an acre.
Total land area of development (including the entire
area to be disturbed as approved in the Stormwater
1.14 AC
Management Plan):
Primary estimated area to be disturbed (portions with
1.14 AC
Erosion and Sediment Control Plan approval only):
Offsite estimated area to be disturbed (if applicable):
1 0.58 AC
C. Property Owner Status:
D. Nature of the Construction Activity Description (i.e.
commercial, industrial, residential, agricultural,
environmental):
B. Estimated Project Dates
(MM/DD/YYYY)
Start date:
09/15/2020
Completion date:
11/01/2021
FEDERAL ❑ STATE ❑ PUBLIC ❑ PRIVATE
COMMERCIAL
E. Municipal Separate Storm Sewer System (MS4)
name (if discharging to a M54): ALBEMARLE COUNTY
Rev 04/2019 PAGE 2 17
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019
F. Is this construction activity part of a common plan of development or sale? YES ❑ NO KI
G. 6te Order Hydrologic Unit Code (HUC) and Receiving Water Name(s). Attach a separate list if needed.
HUC RECEIVING WATERBODY(S)
020802040401 MEADOW CREEK
Section V. Other Information.
A. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the
General VPDES Permit for Discharges of Stormwater from Construction Activities prior to submitting the Registration
Statement. By signing the Registration Statement, the operator is certifying that the SWPPP has been prepared.
B. Has an Erosion and Sediment Control Plan been submitted to the VESCP Authority for review? YES ❑ NO
Erosion and Sediment Control Plan Approval Date (for estimated area to be disturbed).:
C. Has land disturbance has commenced? YES ❑ NO
D. If this project is using approved Annual Standards and Specifications (AS&S), attach the completed AS&S Entity
Form. AS&S Entity Name (if different from the Operator identified in Section IL A.):
SEE THE FOLLOWING PAGE FOR SIGNATURE
AND CERTIFICATION REQUIREMENTS AND INFORMATION
Rev 04/2019 PAGE 3 17
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019
Section VI. Certification. A person representing the operator as identified in Section I. A. and meeting the requirements
of 9VAC25-880-70. Part III. K must physically sign this certification. A typed signature is not acceptable. Please note that
operator is defined in 9VAC25-870-10 as follows:
"Operator" means the owner or operator of any facility or activity subject to the Act and this chapter. In the context of stormwater
associated with a large or small construction activity, operator means any person associated with a construction project that meets
either of the following two criteria: (i) the person has direct operational control over construction plans and specifications, including
the ability to make modifications to those plans and specifications or (ii) the person has day-to-day operational control of those
activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other state
permit or VSMP authority permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the
stormwater pollution prevention plan or comply with other permit conditions). In the context of stormwater discharges from
Municipal Separate Storm Sewer Systems (MS4s), operator means the operator of the regulated MS4 system.
9VAC25-880-70. Part III. K. Signatory Requirements. 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 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.
Certification: N certify under penalty of law that 1 have read and understand this Registration Statement 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 penalties for submitting
false information including the possibility of fine and imprisonment for knowing violations."
Printed Name:
Signature (signed in ink):
Date: Q9. lt-i- `;-ago
Section VII. Submittal Instructions. Submit this form to the Virginia Stormwater Management Program (VSMP)
Authority. If the locality is the VSMP Authority, please send your Registration Statement submittal directly to the
locality; do NOT send this form to DEQ. A list of local VSMP Authorities is available here: VSMP Authorities.
If DEQ is the VSMP Authorityplease send to:
Department of Environmental Quality
Office of Stormwater Management Suite 1400
PO Box 1105
Richmond VA 23218
constructionHq(ddea. Vi rginia.HOV
If the locality is the VSMP Authority, please send to:
oaaress
Rev 04/2019 PAGE 4 17
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019 INSTRUCTIONS
PLEASE DO NOT PRINT OR SUBMIT
This Registration Statement is for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities. The
following permit actions are covered by this form: new issuance, re -issuance, modification with an increase in acreage and plan modifications that
do not result in an increase in acreage.
Choose NEW ISSUANCE if this Registration Statement submittal is to obtain anew permit coverage, RE -ISSUANCE to renew an active, expiring
permit coverage or MODIFICATION to modify an active permit coverage When modifying permit coverage, indicate if the modification is increasing
the amount of acreage previous covered (MODIFICATION WITH ACREAGE INCREASE) or changing the site design with no increase in acreage
(MODIFICATION WITHOUT ACREAGE INCREASE).
Existing Permit Coverage Number. Provide the permit number for a modification or reissuance (i.e. VAR1O####)
Section I. Operator/Permittee Information.
A. Construction Activity Operator (Permittee). The person or entity that is applying for permit coverage and will have operational control over
construction activities to ensure compliance with the general permit. For companies, use the complete, active, legal entity name as registered with
a state corporation commission. Entities that are considered operators commonly consist of the property owner, developer of a project (the party
with control of project plans and specifications), or general contractor (the parry with day-to-day operational control of the activities at the project
site that are necessary to ensure compliance with the general permit). If an individual person is named as the operator, that person (or a
representative of) must sign the certification in Section VI. An operator can be one of the following:
9VAC25-870-10. Definitions
"Operator" means the owner or operator of any facility or activitysubject to the Act and this chapter. In the context of stormwater associated with a
large or small construction activity, operator means any person associated with a construction project that meets either of the following two
criteria: (i) the person has direct operational control over construction plans and specifications, including the ability to make modifications to those
plans and specifications or (if) the person has day -today operational control of those activities at a project that are necessary to ensure compliance
with a stormwater pollution prevention plan for the site or other state permit or VSMP authority permit conditions (i.e., they are authorized to direct
workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions). In the context
of stormwater discharges from Municipal Separate Storm Sewer Systems (M54s), operator means the operator of the regulated MS4 system.
"Owner" means the Commonwealth or any of its political subdivisions including, but not limited to, sanitation district commissions and authorities,
and any public or private institution, corporation, association, firm or company organized or existing under the lows of this or any other state or
country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates
charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other
wastes or pollutants to state waters, or any facility or operation that has the capability to after the physical, chemical, or biological properties of
state waters in contravention of § 62.1-44.5 of the Code of Virginia, the Act and this chapter.
"Person " means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state,
governmental body, including a federal, state, or local entity as applicable, any interstate body or any other legal entity.
B. Billing information. If the person or entity responsible for billing/invoicing is different from the operator, please complete this section. If they
are the same, leave this section blank.
C. May we transmit correspondence electronically? If you choose YES to this question and provide an email address in Section]. A., all
correspondence, forms, invoices and notifications will be transmitted by email to the operator. This will also allow the operator to pay by credit
card and receive permit coverage approval letters immediately upon approval.
Section II. Construction Activity Location Information. Location information related to the project site.
A. A site map indicating the location of the existing or proposed land -disturbing activities, the limits of land disturbance, construction entrances
and all water bodies receiving stormwater discharges from the site must be included with the submittal of this form. Aerial imagery maps or
topographic maps showing the required Items are acceptable. Plan sheet sized site maps are not required. Please consult your Virginia
Stormwater Management Program (VSMP) authority if you have additional questions regarding site map requirements.
B. Provide a descriptive project name (it is helpful to use the same naming convention as listed on the Stormwater plans), 911 street address (if
available), city/county of the construction activity, 6-digit latitude and longitude in decimal degrees format for the centroid, main construction
entrance or start and end points for linear projects (i.e. 37.1234N/-77.1234W).
C. Construction Activity Entrance Location. Provide an address or decimal degrees coordinates and a description of the main construction entrance
where the permit coverage letter will be posted.
Rev 04/2019 PAGE 5 17
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019 INSTRUCTIONS
PLEASE DO NOT PRINT OR SUBMIT
Section III. Offsite Support Activity Location Information.
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 (i) the support activity is directly
related to a construction activity that is required to have general permit coverage; (II) the support activity is not a commercial operation, nor does
it serve multiple unrelated construction activities by different operators; (III) the support activity does not operate beyond the completion of the
construction activity it supports; (iv) the support activity is identified in the Registration Statement at the time of general permit coverage; (v)
appropriate control measures are identified in a SWPPP and implemented to address the discharges from the support activity areas; and (vi) all
applicable state, federal, and local approvals are obtained for the support activity.
If requesting permit coverage for offsite activities, please complete this section. List additional offsite areas to be included under this permit
coverage on a separate page. Offsite areas not included on this registration will need to obtain coverage under a separate VPDES permit.
A. Offsite activity location information. Provide a descriptive offsite project name, 911 street address (if available) and city/county of all off -site
support activities. Provide the 6-digit latitude and longitude in decimal degrees (i.e. 37.1234N, 77.1234W). Please note that off -site activities not
covered under this permit may require separate permit coverage.
B. Offsite activity entrance location. Provide an address or decimal degrees coordinates and a description of the main construction entrance.
Section IV. Site Information.
A. Acreage totals for all land -disturbing activities, on- and off -site, to be included under this permit. Acreages are to be reported to the nearest
one -hundredth acre (two decimal places; i.e. 1.15 acres). Provide the total acreage of the primary development site as approved on the
Stormwater Management Plans and the primary on -site estimated acreage to be disturbed by the construction activity as approved underthe
Erosion and Sediment Control Plans. The off -site estimated area to be disturbed is the sum of the disturbed acreages for all off -site support
activities to be covered under this general permit. Do not include the off -site acreage totals in the primary, on -site total and estimated disturbed
acreage totals. Permit fees are calculated based on your disturbed acreage total for all on -and off -site areas being disturbed under this permit
coverage (the sum of all on -site and off -site disturbed acreages).
B. Estimated Project Dates. Provide the estimated project start date and completion date in Month/Day/Year or MM/DD/YYYY format (i.e.
07/30/2019).
C. Property owner status. The status of the construction activity property owner. Any property not owned by a government entity or agency (i.e.
federal, state or local governments) is PRIVATE.
D. Nature of the construction activity description. Choose the designation that best describes the post -construction use of this project (you may
choose more than one). (i.e. Residential, Commercial, Industrial, Agricultural, Environmental, Educational, Oil and Gas, Utility, Transportation,
Institutional, etc.). Describe the project (i.e. Commercial —one new office building and associated parking and utilities; Transportation — Roads,
sidewalks and utilities; Agricultural — 3 Poultry Houses, etc.).
E. Municipal Separate Storm Sewer System (MS4) name(s) if discharging to a MS4. If stormwater is discharged through a MS4 (either partially or
completely), provide the name of the MS4(s) that will be receiving water from this construction activity. The MS4 name is typically the town, city,
county, Institute or federal facility where the construction activity is located.
F. This construction activity is part of a common plan of development or sale. "Common plan of development or sale" means a contiguous area
where separate and distinct construction activities may be taking place at different times on different schedules per 9VAC25-870-50. Definitions.
Le. a subdivision, commercial development, business park, etc.
G. 6'h Order Hydrologic Unit Code (HUC) and associated Receiving Water Name(s). Provide all 6'h order HUCS and receiving waters for the site and
offsite areas that could potentially receive stormwater runoff discharging from this activity. The HUC can be either a 12-digit number (i.e.
0208010101) or 2-letter, 2-number code (i.e. JL52). Include additional HUCs or receiving waters on a separate page. You may utilize DEQ's web -
based GIS application, VEGIS, to obtain this information.
• VEGIS application link: DEQ's VEGIS Mapping Application
• Instructions for utilizing DEQ's VEGIS application link: CGP-GIS HUC Instructions
Rev 04/2019 PAGE 6 17
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019INSTRUCTIONS
PLEASE DO NOT PRINT OR SUBMIT
Section V. Other Information.
A. A stormwater pollution prevention plan (SWPPP) must be prepared prior to submitting the Registration Statement per 9VAC25-880. See
9VAC25-880-70. Part II. of the General Permit for the SWPPP requirements.
IL If the Erosion and Sediment Control Plan for the estimated area to be disturbed listed in Section IV. A. has been submitted to the Virginia Erosion
and Sediment Control Program (VESCP) Authority for review and plan approval, choose YES. If you are submitting this application to reissue an
existing permit coverage, please provide the date that the VESC Authority approved the Erosion and Sediment Control Plan for the estimated area
to be disturbed.
C. If land disturbance has commenced, choose YES. "Land disturbance" or "land -disturbing activity" means a man-made change to the land surface
that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading,
excavating, or filling of land per 462.1-44.15:24. Definitions.
D. If this project is using approved Annual Standards and Specifications (AS&S), attach the completed AS&S Entity Form.
If the AS&S Entity is different from the operator identified in Section I. A., list the AS&S Entity Name. The AS&S entity is the entity or agency that
holds the approved annual standards & specification.
• AS&S Entity Form link: Annual Standards and Specifications Entity Information Form
Section VI. Certification.
A properly authorized individual associated with the operator identified in Section I. A. of the Registration Statement is responsible for certifying
and signing the Registration Statement. A person must physically sign the certification, a typed signature is unacceptable. State statutes provide
for severe penalties for submitting false information on the Registration Statement. State regulations require that the Registration Statement be
signed as follows per 9VAC25-880-70 Part III. K. 1.:
a. For a corporation: by a responsible corporate officer. For the purpose of this part a responsible corporate officer means:
(1) 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 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 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.
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this part,
a principal executive officer of a public agency Includes:
(i) The chief executive officer of the agency, or
(ii) Asenior executive officer having responsibilityfor the overall operations of a principal geographic unit of the agency.
Section VII. Submittal Instructions.
Submit this form to the VSMP Authority that has jurisdiction for your construction activity. The VSMP Authority maybe either DEQ or your locality
depending on the location and type of project. If your project is under the jurisdiction of a Local VSMP Authority, please contact the locality for
additional submittal instructions. A blank area is provided for the Local VSMP Authority to include their mailing address.
who is the liWPAuthority for mvorofect? DEQ or the locality?
• DEQ: DEQ is the VSMP Authority and administers permit coverage for land -disturbing activities that are:
➢ within a locality that is not a VSMP Authority;
➢ owned by the State or Federal government; or
➢ utilizing approved Annual Standards and Specifications.
• The Locality: The local government (locality) is the VSMP Authority and administers permit coverage for all other projects not covered by DEQ
as listed above. For these projects, please submit permit forms directly to the Local VSMP Authority. A list of Local VSMP Authorities is
available on DEQ's website here: Local VSMP Authority List.
DEQ'S CONSTRUCTION GENERAL PERMIT WEBSITE
http://www.dea.virminiogov/Programs/Water/5tormwaterManaee t/VSMPPermts/C st ctio Generale it aspx
Rev 04/2019 PAGE 7 17
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® COLLINS ENGINEERING SWPPP EXHIBIT - OVERALL SITE LIMITS OF DISTURBANCE
DATE: 8/3/2o
200 GARRETT STREET SUITE K CHARLOTTESVILLE, VIRGINA 22902 OFFICE: 434-293-3729 SCALE: i'=6o'
SECTION 2
ILlM1141*6]Kha►Ia[L14»d►IFi1IdrarelylaCLthq
SECTION 3
NATURE OF ACTIVITY
PROJECT DESCRIPTION:
THE PURPOSE OF THIS LAND DISTURBANCE ACTIVITY IS FOR THE CONSTRUCTION OF A PARKING LOT
AND A 3,000 SF RETAIL BUILDING. THIS PROJECT PROPOSES TO DISTURB 1.14 ac. OF LAND. THE
PROJECT WILL BEGIN ITS CONSTRUCTION WITH THE PROPOSED ESC MEASURES IMMEDIATELY
FOLLOWING PLAN APPROVAL, WHICH IS ANTICIPATED TO BE IN THE FALL OF 2020. THE WORK IS
ANTICIPATED TO BE COMPLETED WITHIN 12 MONTHS AND TO CONCLUDE IN THE FALL OF 2021.
EXISTING SITE CONDITIONS:
THE AREA OF THE PROPOSED DEVELOPMENT IS VACANT LOT MOSTLY COVERED BY DENSE VEGETATION.
THE SITE GENERALLY SLOPES FROM THE SOUTHEAST TO THE NORTHWEST TOWARDS SEMINOLE TRAIL
ROUTE 29.
ADJACENT AREAS:
THIS SITE IS BORDERED TO THE NORTH AND WEST BY THE FASHION SQUARE MALL ENTRANCE AND
PARKING LOT. TO THE SOUTH IS THE BRANCH, BANKING & TRUST BUILDING AND TO THE EAST IS
SEMINOLE TRAIL ROUTE 29 NORTHBOUND LANES. SILT FENCE, DIVERSIONS, SEDIMENT TRAPS, INLET
CONTROLS AND VARIOUS OTHER ESC MEASURES ARE PROPOSED TO LIMIT THE POTENTIAL FOR
CONTAMINATION OF THESE ADJACENT PROPERTIES.
OFFSITE LAND DISTURBANCE:
OFFSITE LAND DISTURBANCE IS LIMITED TO PUBLIC RIGHT-OF-WAY.
CRITICAL AREAS:
THE MANAGED STEEP SLOPES AT THE SOUTHERN PORTION OF THE SITE ARE CONSIDERED TO BE
CRITICAL. THE CONTRACTOR SHALL GIVE EXTRA ATTENTION AND CAUTION IN AND AROUND THESE
AREAS TO ENSURE CONSTRUCTION ACTIVITY DOES NOT DISTURB THESE EXISTING FEATURES. TREE
PROTECTION FENCING, SILT FENCING, DIVERSIONS AND SEDIMENT TRAPPING DEVICES SHALL ALSO BE
INSTALLED AS A FIRST STEP IN LAND DISTURBANCE TO ENSURE THESE CRITICAL AREAS ARE
MAINTAINED.
SEQUENCE OF CONSTRUCTION:
1. CONTRACTOR SHALL NOTIFY THE ALBEMARLE COUNTY COMMUNITY DEVELOPMENT
ENGINEERING DEPARTMENT TO SCHEDULE A PRE -CONSTRUCTION MEETING.
2. PRIOR TO DISTURBANCES, THE LIMITS OF DISTURBANCE SHALL BE FLAGGED AND THE TREE
PROTECTION FENCING SHALL BE INSTALLED.
3. NO EROSION CONTROL MEASURES MAY BE REMOVED DURING THE CONSTRUCTION PROCESS
WITHOUT THE APPROVAL FROM THE INSPECTOR ON THE PROJECT.
4. INSTALLATION OF THE PROPOSED CONSTRUCTION ENTRANCE SHALL OCCUR NEXT. THE
CONTRACTOR SHALL APPLY CONSTRUCTION ROAD STABILIZATION AS NEEDED. CONTRACTOR
SHALL ENSURE THE CONSTRUCTION ENTRANCE DRAINS TO AN ADEQUATE E&S MEASURE. THE
CONTRACTOR SHALL UTILIZE THE NEARBY SEDIMENTTRAP FOR VEHICULAR WASH OFF.
CONSTRUCTION ENTRANCE TO BE INSTALLED WHERE CONSTRUCTION VEHICLE ROUTES
INTERSECT PAVED PUBLIC ROADS, PROVISIONS SHALL BE MADE TO MINIMIZE THE TRANSPORT
OF SEDIMENT BY (VEHICULAR) TRACKING ONTO THE PAVED SURFACE. WHERE SEDIMENT IS
TRANSPORTED ONTO A PUBLIC ROAD SURFACE, THE ROAD SHALL BE CLEANED THOROUGHLY AT
THE END OF EACH DAY. SEDIMENT SHALL BE REMOVED FROM THE ROADS BY SHOVELING OR
SWEEPING AND TRANSPORTING TO A SEDIMENT CONTROL DISPOSAL AREA. STREET WASHING
SHALL BE ALLOWED ONLY AFTER SEDIMENT IS REMOVED IN THIS MANNER.
5. THE INITIAL ESC CONSTRUCTION MEASURES, AS SHOWN ON THE PHASE I EROSION & SEDIMENT
CONTROL PLAN, SHALL BE INSTALLED NEXT. THE CONTRACTOR SHALL BEGIN BY INSTALLING THE
PERIMETER SILT FENCE AND TREE PROTECTION. PERIMETER MEASURES INTENDED TO TRAP
SEDIMENT SHALL BE CONSTRUCTED AS A FIRST STEP WITH ANY LAND DISTURBANCE ACTIVITY
AND SHALL BE MADE FUNCTIONAL BEFORE UPSLOPE LAND DISTURBANCE TAKES PLACE.
6. ONCE THE PERIMETER EROSION CONTROL MEASURES HAVE BEEN INSTALLED, AND THE COUNTY
INSPECTOR HAS APPROVED THESE MEASURES, THE CONTRACTOR SHALL BEGIN LIGHT
CLEARING. THE CONTRACTOR SHALL BEGIN BY CLEARING THE AREAS REQUIRED TO ACCESS THE
LOCATION OF THE SEDIMENT TRAP. FOLLOWING THE INSTALLATION OF THESE MEASURES, THE
CONTRACTOR SHALL INSTALL THE DIVERSIONS. ANY REMAINING EROSION CONTROL ITEMS AS
SHOWN ON THE PHASE I EROSION CONTROL PLAN SHALL ALSO BE CONSTRUCTED AT THIS TIME.
7. ONCE ALL THE PHASE I EROSION CONTROL ITEMS HAVE BEEN INSTALLED & ARE OPERATIONAL,
DRAINAGE IS PROPERLY CONVEYED TO THESE MEASURES, AND THE ESC INSPECTOR HAS
GRANTED APPROVAL, THE CONTRACTOR CAN BEGIN CLEARING THE REMAINDER OF THE SITE.
TEMPORARY SEEDING, PERMANENT SEEDING AND DUST CONTROL SHALL BE IMPLEMENTED AS
REQUIRED.
8. AFTER CLEARING THE PROPOSED AREAS, THE CONTRACTOR CAN PROCEED TO PHASE II OF THE
EROSION & SEDIMENT CONTROL PLAN. THE CONTRACTOR SHALL BEGIN ROUGH GRADING THE
SITE TO THE CONTOURS SHOWN ON THE PHASE II EROSION & SEDIMENT CONTROL PLAN.
MEASURES INTENDED TO TRAP SEDIMENT SHALL BE CONSTRUCTED AS A FIRST STEP WITH ANY
LAND DISTURBANCE ACTIVITY AND SHALL BE MADE FUNCTIONAL BEFORE UPSLOPE LAND
DISTURBANCE TAKES PLACE.
9. THE CONTRACTOR SHALL INSTALL ANY REMAINING EROSION CONTROL ITEMS AS SHOWN ON
THE PHASE II EROSION CONTROL PLAN. TEMPORARY SEEDING, PERMANENT SEEDING AND DUST
CONTROL SHALL BE IMPLEMENTED AS REQUIRED.
10. 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.
TEMPORARY SOIL STABILIZATION SHALL BE APPLIED WITHIN SEVEN DAYS TO DENUDED AREAS
THAT MAY NOT BE AT FINAL GRADE BUT WILL REMAIN DORMANT (UNDISTURBED) FOR LONGER
THAN 30 DAYS. PERMANENT STABILIZATION SHALL BE APPLIED TO AREAS THAT ARE TO BE LEFT
DORMANT FOR MORE THAN ONE YEAR.
11. ONCE THE SITE IS ROUGH GRADED, THE CONTRACTOR SHALL BEGIN PHASE III OF THE EROSION
& SEDIMENT CONTROL PLAN. THE CONTRACTOR CAN BEGIN INSTALLATION OF THE UTILITIES,
CURB AND GUTTER, AND ROADS. INLET PROTECTION SHALL ALSO INSTALLED AS THE STORM
SEWER IS CONSTRUCTED. INLET PROTECTION SHALL BE INSPECTED AFTER EACH RAINFALL
EVENT AND REPAIRS SHALL BE MADE AS NEEDED. IF THE STONE FILTER BECOMES CLOGGED
WITH SEDIMENT SO THAT IT NO LONGER ADEQUATELY PERFORMS ITS FUNCTION, THE STONE
MUST BE PULLED AWAY AND CLEANED AND/OR REPLACED.
12. ONCE PHASE III OF CONSTRUCTION IS COMPLETE, THE SITE IS STABILIZED AND THE INSPECTOR
HAS GIVEN APPROVAL, THE CONTRACTOR CAN THEN CONVERTTHE SEDIMENTTRAP INTO THE
PROPOSED SWM FACILITY. AT THIS TIME, THE CONTRACTOR CAN REMOVE THE REMAINDER OF
THE EROSION & SEDIMENT CONTROL MEASURES. NO ITEM SHALL BE REMOVED, THROUGHOUT
ALL PHASES OF CONSTRUCTION, UNLESS THE UPSTREAM AREAS ARE STABILIZED AND THE
INSPECTOR GIVES PERMISSION.
13. THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL MEASURES AS SPECIFIED IN THE
VIRGINIA EROSION AND SEDIMENT CONTROL HANDBOOK, REMOVING ONLY WHEN APPROVED
BY THE LOCAL PROGRAM ADMINISTRATOR IN ACCORDANCE WITH THE VIRGINIA EROSION AND
SEDIMENT CONTROL HANDBOOK.
14. ALL TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES SHALL BE REMOVED WITHIN
30 DAYS AFTER FINAL SITE STABILIZATION OR AFTER THE TEMPORARY MEASURES ARE NO
LONGER NEEDED, UNLESS OTHERWISE AUTHORIZED BY THE LOCAL PROGRAM ADMINISTRATOR.
TRAPPED SEDIMENT AND THE DISTURBED SOIL AREAS RESULTING FROM THE DISPOSITION OF
TEMPORARY MEASURES SHALL BE PERMANENTLY STABILIZED TO PREVENT FURTHER EROSION
AND SEDIMENTATION.
SECTION 4
Ia:191.1 RR, I_1►113Mall IAl1a►N111col►NI:i6l4»_1►I
SECTION 5
4to] :1►IFiUd/_llIa:tLVi/_1►ETA a►IFiIa►k9»_1►
SECTION 6
POLLUTION PREVENTION PLAN
A. Plan showing pollution activities and prevention practices
SEE EXHIBIT SHEET.
B. Sources of Pollutants, locations, and prevention practices
Pollutant, or Pollutant
Generating Activity
Location on site
Prevention Practices, Control
Measures
SEE BELOW.
C. Sources of Pollutants, continued. Common activities and minimum control and
prevention practices
Pollutant, or Pollutant
Location on site
Prevention Practices, Control Measures
Generating Activity
Follow Erosion and Sediment Control Plan.
vK
Clearing, grading, excavating,
Dispose of clearing debris at acceptable disposal
and un-stabilized areas
Land disturbance area
sites. Seed and mulch, or sod within 7 days of
land clearing
Cover storm drain inlets and use drip pans and
Paving operations
Roads and driveways
absorbent/oil dry for all paving machines to limit
leaks and spills
Concrete washout and
Current location and detail
Direct concrete wash water into a leak -proof
container or leak -proof sediment basin that is
cement waste
shown on PPP
designed so that no overflows can occur
Enclose or cover material storage areas. Mix
Structure construction, stucco,
paint indoors in a containment area or in a flat
painting, and cleaning
Structures
unpaved area. Prevent the discharge of soaps,
solvents, detergents and wash water, paint, form
release oils and curing compounds.
Dewatering of sediment
Water shall be filtered, settled or similarly treated
Dewatering operations
basins
prior to discharge as shown on plan.
Designated area shown on
Designated areas for material delivery and
Material delivery and storage
plan
storage. Placed near construction entrances,
away from waterways and drainage paths
Material use during building
Building areas
Follow manufacturer's instructions. MSDS's
process
attached.
Waste collection area will not receive a
substantial amount of runoff from upland areas
Current designated container
and does not drain directly to a waterway. All
Solid waste disposal
areas on plan
containers shall have lids and be covered at the
end of each work day. Scheduled collection to
prevent overfilling. MATERIALS NOT TO BE
BURIED ON -SITE
Pollutant, or Pollutant
Location on site
Prevention Practices, Control Measures
Generating Activity
Convenient and well -maintained portable
✓
Sanitary waste
Current locations shown on
sanitary facilities will be provided, and located
plan
away from waterways or inlets. Such facilities
shall be regularly maintained.
✓
Landscape areas shown on
Apply fertilizers in accordance with
Landscaping operations
plan
manufacturer's recommendations and not during
rainfall events
To be treated in a sediment basin or better
control as specified on plan. Minimize the
✓
Wash Waters
Wash areas shown on plan
discharge of pollutants from equipment and
vehicle washing
✓
Vehicle and equipment washing
Designated areas and details
Provide containment and filtering for all wash
shown on plan
waters per the plan
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. These items shall be contained while on site and covered at
the end of each work day.
D. Non-stormwater discharges
Discharge
Pollutants or Pollutant
Location on Site
Constituents
✓
Discharges from firefighting activities
Designated area shown on
plan
✓
Fire hydrant flushings
Fire hydrants shown on
plan
✓
Waters used to wash vehicles or equipment
where soaps, solvents, or detergents have
Wash waters shown on
not been used and the wash waters has
plan
been filtered, settled, or similarly treated
prior to discharge
✓
Water used to control dust that has been
filtered, settled, or similarly treated prior to
Dust control shown on plan
discharge
✓
Potable water sources, including
Water sources shown on
uncontaminated waterline flushings
plan
Routine external building wash down where
soaps, solvents, or detergents have not been
Designated area shown on
used and the wash water has been filtered,
plan
settled, or similarly treated prior to
discharge
✓
Pavement wash waters where spills or leaks
of toxic or hazardous materials have not
occurred; where soaps, solvents, or
Wash waters shown on
detergents have not been used; and where
plan
the wash water has been filtered, settled, or
similarly treated prior to discharge
✓
Uncontaminated air conditioning or
Designated area shown on
compressor condensate
plan
Discharge
Pollutants or Pollutant
Location on Site
Constituents
Uncontaminated ground water or spring
Designated area shown on
water
plan
✓
Foundation or footing drains where flows
Designated area shown on
are not contaminated with process materials
plan
such as solvents
✓
Uncontaminated excavation dewatering,
including dewatering of trenches and
Designated area shown on
excavations that are have been filtered,
plan
settled, or similarly treated prior to
discharge
✓
Landscape irrigation
Landscape areas shown on
plan
All non-stormwater discharges as stated in CGP I E. 1 through 12 are the only non-stormwater
discharges allowed by the construction general permit. With the exception of flows from firefighting
activities, allowable sources of non-stormwater discharges must be identified in the SWPPP. Appropriate
measures must be taken to ensure that pollution prevention measures for the non-stormwater
component of the discharge are implemented.
E. Persons responsible for pollution prevention practices
The qualified personnel, contractor listed below, will be responsible for the implementation and
maintenance of the pollutant control measures. This may include delegating this responsibility
to other contractors as they become involved with the project and begin the anticipated
pollutant generating activity. They are required to hold weekly toolbox meetings to review the
pollution prevention plan with their team.
SOUTHEASTERN RETAIL DEVELOPMENT, LLC
850.660.1917
F. Response and reporting practices
The first priority is to protect all people, secondly protect the equipment and property, and lastly
protect the environment. The contractor shall regularly check the equipment on site and any pollutants
shall be stored properly to prevent spills. Spills will be immediately and promptly cleaned up by the
contractor. Most spills can be cleaned up following manufacturer specifications. Absorbent/oil dry,
sealable containers, plastic bags, and shovels/brooms are suggested minimum spill response items that
should be available at this location. The following steps shall be taken in the case of a spill:
1. Check for hazards (flammable material, noxious fumes, cause of spill) — if flammable liquid, turn
off engines and nearby electrical equipment. If serious hazards are present leave the area and
call 911. Large spills are likely to present a hazard.
2. Make sure the spill area is safe to enter and that it does not pose an immediate threat to health
or safety of any person.
3. Stop the spill source (most spills can be cleaned up following manufacturer specifications —
absorbent/oil dry, sealable containers, plastic bags, and shovels/brooms are suggested
minimum spill response items)
4. Call co-workers and supervisor for assistance and to make them aware of the spill and potential
dangers.
5. If possible, stop spill from entering drains (use absorbent or other material if necessary).
6. Stop spill from spreading (use absorbent or other material if necessary).
7. If spilled material has entered a storm sewer; contact locality's storm water department.
8. Clean up spilled material according to manufacturer specifications, for liquid spills use absorbent
materials and do not flush area with water.
9. Properly dispose of cleaning materials and used absorbent material according to manufacturer
specifications.
The following agency should be considered for notification in the case of a spill:
Ivy Fire and Rescue: 434-296-5833
Albemarle County Police Department: 434-977-9041
Charlottesville Health Department: 434-972-6200
Virginia Department of Conservation & Recreation: 1-804-786-2094
Virginia Department of Environmental Quality: 1-540-574-7824
Virginia Department of Emergency Services: 1-800-468-8892
G. Pollution Prevention Awareness
DEQ's Office of Pollution Prevention hosts a number of programs and initiatives that serve as a
conduit for non -regulatory assistance to businesses and communities. The contractor will ensure
that their team is trained and knowledgably aware of all measures in this document before
construction begins. They are required to hold weekly toolbox meetings with their team to review
the pollution prevention plan and give any updates on changes through the construction phase.
U.S./ROUTE 29 (NORTHBOUN 3 \ I I
\ I /
/ O PROPOSED ORANGE SAFETY FENCE VARIABLE WIDTH BLIC
x]o' MIN. OF YHE EXISTING ASPH\Al I AND TOE C MPASSFALL SEDIMALL ENT TRAPTSN/
FUNCTION AS THE CONFOR
ENTRANCE SHALL S RUCTION
SAFETY. N AND INSTALL SIGNSAROUND
TRAPTHATREAD'DANGEP, QUICK /
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i 6 . !:': -
ST ,-r .,, \ W W _ T ST A ST ElDr♦ / / / / /
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NOTE THE FUELING TANK SHALCBE COMPLETELY
BERM WITH A HEAVY MIL POLYETHYLENE LINING.
SURROUNDED BY A a' DEEP, aWIDE EARTHEN / / / �4•$ \
/ SILT FENCETO J /
THE PROPOSED BERM SHALL CONTAIN FUEL
SHOULD IT BE SPILLED, SPILLED FUEL SHALL NOT ENCOMPASS
/ /-- _./ STOCKPILE
/ PROPOSED LOCATION LOCATIONBE RELEASED OUTSIDE THE LIMITS OF THE / _
/ OF FUEL STORAGE' D \
CONTAINED FUEL STORAGE AREA. CONTRACTOR / , PROPOSED LIMITS ISTURBANCE &
D
SHALLENSURE THE BERM VOLUMEIS ]oW LARGER / =-� -- - TS — SILT FENCE COINCIDES WITH MISTING /
THAN THE MAXIMUM VOLUME OF STORED FUEL. / \ i-N\� J��^; Y�/ — - , PROPERTY U. / — —
�CONTRACTOR MAYALSOELECTTOPLACE THE /
/ STORED FUEL IN AN ACCESSIBLE DUMPSTER. -A7' X�/// �����w� PROPOSED
/ CVv BANKDUMPSTMPSTCWHRRx B. NO J^ /
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/ PROPOSED a' DEEP GRADED DEPRESSION, CORTRA
WITH A PREVENT
RUBBERMEMBRANELINING TO , —'--ArSTA61N��AREA' . — °
PREVENT SOIL INFILTRATION, SHALL BE PROPOSED
ORTHE CONCRETE WASHOUT AREA. LOCATION OF
-RAIN GAUGE
--PHASF-I DRAINAGE
_AREA TO SEDIMENT .//
' / / ■ TRAP--o:69 ACRES — l-t% SE
m �
/ ■ III w /-/ _--_ '
CONTRACTOR SHALL INSTALL SILT FEN^TREE
PROTECTION ALONG THE REAR OF THE PROPERTY. THE SILT
FENCE SHALL REMAIN IN PLACE UNTIL THE SEDIMENT TRAP
CONVERTED TO A PERMANENT SWM FACILITY&THE ESC LLC
INSPECTOR HAS GRANTED APPROVAL OF ITSREMOVAL.
\ MANAGED
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I V I FLOW DIRECTION
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® COLLINS ENGINEERING SWrrr EXHIBIT - PHASE i POLLUTION PREVENTION PLAN
DATE: 8/3/20
200 GARRETT STREET SUITE K CHARLOTTESVILLE, VIRGINA 22902 OFFICE: 434-293-3729 SCALE:"'=40'
SECTION 7
II►Vil]_11:14DIVJ/_1%Ia:4.1
DUE TO IMPAIRED WATERS, COMPLY WITH CGP II A.5.b. CONTRACTOR SHALL PROVIDE
CLEAR DIRECTION 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.
3. A modified inspection schedule shall be implemented in accordance with
CGP I B.4 and B.5.
e Glossary ® Data 9 About ® Contact Us
How's My Waterway?
Informing the conversation about your waters.
Waterbody Report
• Meadow Creek
Assessment Unit ID: VAV-H28R_MWCOlA00
Waterbody Condition: Impaired
Existing Plans for Restoration: Yes
303(d) Listed: Yes
Year Reported: 2018
Organization Name (ID): Virginia (21VASWCB)
What type of water is this?
River(4.98 Miles)
Where is this water located?
Meadow Creek from where it becomes a perennial stream downstream to its confluence with the Rivanna River.
Assessment Information from 2018
What is this water used for?
Collapse All EI
Aquatic Life Impaired v
Impairments Evaluated
Impairment Plan in Place
1/3
Impairment Plan in Place
Benthic Macroinvertebrates Bioassessments No
Other Parameters Evaluated
Other Characteristics Observed
• Sediment Screening Value(Exceedance)
Fish Consumption NMAeeassed V
Impairments Evaluated
No impairments evaluated forthis use.
Other Parameters Evaluated
No other parameters evaluated forthis use.
Recreation impaired v
Impairments Evaluated
Impairment Plan in Place
Escherichia Coll (E. coli) Yes
Fecal Coliform Yes
Other Parameters Evaluated
No other parameters evaluated for this use.
Wildlife Good v
Impairments Evaluated
No impairments evaluated forthis use.
Other Parameters Evaluated
Other Characteristics Observed
• Sediment Screening Value(Exceedance)
Probable sources contributing to impairment from 2018;
Source
Municipal (Urbanized High Density Area)
Non -Point Source
Wildlife Other Than Waterfowl
Confirmed
No
No
No
Plans to Restore Water Quality
What plans are in place to protect or restore water quality?
Links below open in a new browser tab.
Plan Impairments Type Date
Meadow Creek Benthic Macroinvertebrates, Benthic Macroinvertebrates Bioassessments TMDL 2016-07-26
Meadow Creek Escherichia Coli(E. coli), Fecal Coliform, Pathogens TMDL 2008-12-29
2/3
SECTION 8
QUALIFIED PERSONNEL
THE FOLLOWING PERSONNEL ARE RESPONSIBLE FOR IMPLEMENTING THE POLLUTION
PREVENTION PLAN AND PERFORMING WEEKLY TOOBOX MEETINGS AND INSPECTIONS
ON THE PROJECT SITE:
OWNER
ALBEMARLE BANK & TRUST C/O BB&T PROPERTY TAX COMPLIANCE
PO BOX 167
WINSTON-SALEM, NC 27102
DEVELOPER/APPLICANT
SOUTHEASTERN RETAIL DEVELOPMENT, LLC
850.660.1917
PROJECT MANAGER
COLLINS ENGINEERING — SCOTTCOLLINS, PE
434.293.3719
scott@collins-engineering.com
SECTION 9
M10L1IaOX41aCi111ly[*11%IIs] ►I
CERTIFICATION
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
Operator Name: Travis Meyer
Company: Southestern Retail Development, LLC
Title: Managing Member
Signature:
Date: 10 15 20
SECTION 10
IN] aIVLll111MH 211jIll: MD111VA
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:
SECTION 11
DEPARTMENT OF ENVIRONMENTAL QUALITY GENERAL PERMIT
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
10M.T 1
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS
A. Coverage under this general permit.
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.
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.
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.
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.
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.
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.
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, 1 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.
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.
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
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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.
STORMWATER POLLUTION PREVENTION PLAN
A. Stormwater pollution prevent plan.
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.
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:
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(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).
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;
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(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.
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;
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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.
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.
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:
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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.
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.
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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.
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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.
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.
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.
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 11 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;
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(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
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.
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.
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.
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.
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
(1 VAC30-45 or 1 VAC30-46).
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.
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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.
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
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 12. 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.
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 1 1 or 2 in
writing as part of the SWPPP. The reports shall contain the information listed in Part 111 1 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:
"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.
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.
SECTION 12
INSPECTION LOGS
SWPPP INSPECTION REPORT:
PROJECT NAME:
SWPPP CONTACT:
Inspector Name:
Time of Inspection:
Last Rain Event:
Rainfall Amount:
Summary
of Inspection (See back of this sheet for checklist):
•
Location of Prohibited Discharges:
•
E&S or Pollution Prevent Measures that require maintenance:
•
Failed Control Measures (E&S or Pollution Prevention):
•
Locations where the approved plans were not implemented properly:
•
Corrective Actions Required:
•
Outstanding Items if present from last inspection:
Inspector Signature
Operator Signature
Date
Date
"If this report does not identify any incidents of non-compliance, I certify that the construction activity is in compliance
with the SWPPP and Construction General Permit"
Inspections shall be completed at least once every four business days; or at least once every 5 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. Representative
inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall
inspect all outfalls discharging to exceptional water.
INSPECTION REQUIREMENTS:
• Inspect proper installation, maintenance needs, and effectiveness of:
Perimeter controls (silt fence, tree protection, etc.)
Soil stockpiles and borrow areas
Completed earthen structures (dams, dikes, ditches, diversions, etc.)
Cut and fill slopes
Measures installed to control sediment discharge from stormwater (sediment basins, traps, or barriers, etc.)
Measures installed to convey concentrated runoff (channels, flumes, slope drain structures, storm inlets,
construction vehicle access routes, etc.)
• Areas at final grade or to remain dormant for more than 14 days:
Initiate stabilization activities
Complete stabilization activities within 7 days of stopping work
• Evidence that ESCP has not been properly implemented:
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;
Sediment laden or turbid flows of stormwater that have not been filtered or settled to remove sediments
prior to discharge;
Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins that discharge to
surface waters. Inlets and catch basins with failing sediments controls due to improper installation, lack of
maintenance, or inadequate design are considered unprotected;
Sediment deposition on any property (including public and private streets) outside of the construction activity
covered by this general permit;
Required stabilization has not been initiated or completed on portions of the site;
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;
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
Land disturbance outside of the approved area to be disturbed
• Pollutant generating activities from Pollution Prevention Plan:
Proper implementation, maintenance, and effectiveness of the procedures and practices
• Describe discharges at time of inspection:
• Record land -disturbing activities outside approved ESCP:
0 Identify any pollutant generating activity or evidence of discharge not identified in the pollution prevention plan:
SECTION 13
ChAll ] 1►[H_1►1 M2L19.1I1 MAN I [•L I11•1cl
GRADING AND STABILIZATION ACTIVITIES LOG:
PROJECT NAME:
SWPPP CONTACT:
DATE
DATE GRADING
DATE WHEN
GRADING
ACTIVITY
DESCRIPTION OF GRADING ACTIVITY
ACTIVITY CEASED
(TEMPORARYLY OR
STABILIZATION
MEASURES ARE
DESCRIPTION OF STABILIZATION MEASURES
AND LOCATION
INITIATED
PERMANENTLY)
INITIATED
SIGNATURE OF CONTRACTOR/SUBCONTRACTOR OR "DULY AUTHORIZED REPRESENTATIVE":
PRINTED NAME AND AFFLIATION: DATE:
SIGNATURE OF CONTRACTOR/SUBCONTRACTOR OR "DULY AUTHORIZED REPRESENTATIVE":
PRINTED NAME AND AFFLIATION: DATE:
DATE
DATE GRADING
DATE WHEN
GRADING
ACTIVITY
DESCRIPTION OF GRADING ACTIVITY
ACTIVITY CEASED
(TEMPORARYLY OR
STABILIZATION
MEASURES ARE
DESCRIPTION OF STABILIZATION MEASURES
AND LOCATION
INITIATED
PERMANENTLY)
INITIATED
SIGNATURE OF CONTRACTOR/SUBCONTRACTOR OR "DULY AUTHORIZED REPRESENTATIVE":
PRINTED NAME AND AFFLIATION: DATE:
SIGNATURE OF CONTRACTOR/SUBCONTRACTOR OR "DULY AUTHORIZED REPRESENTATIVE":
PRINTED NAME AND AFFLIATION: DATE:
DATE
DATE GRADING
DATE WHEN
GRADING
ACTIVITY
DESCRIPTION OF GRADING ACTIVITY
ACTIVITY CEASED
(TEMPORARYLY OR
STABILIZATION
MEASURES ARE
DESCRIPTION OF STABILIZATION MEASURES
AND LOCATION
INITIATED
PERMANENTLY)
INITIATED
SIGNATURE OF CONTRACTOR/SUBCONTRACTOR OR "DULY AUTHORIZED REPRESENTATIVE":
PRINTED NAME AND AFFLIATION: DATE:
SIGNATURE OF CONTRACTOR/SUBCONTRACTOR OR "DULY AUTHORIZED REPRESENTATIVE":
PRINTED NAME AND AFFLIATION: DATE:
SECTION 14
I_UAila►113AlIa►k91161c1
AMENDMENT LOG:
PROJECT NAME:
SWPPP CONTACT:
AMENDMENT
NO.
DESCRIPTION OF THE AMENDMENT
DATE OF
AMENDMENT
AMENDMENT PREPARED BY
[NAME(S) AND TITLE]
AMENDMENT
NO.
DESCRIPTION OF THE AMENDMENT
DATE OF
AMENDMENT
AMENDMENT PREPARED BY
[NAME(S) AND TITLE]