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HomeMy WebLinkAboutWPO201500060 Plan - Stormwater 2015-08-31 ocA IAA, COUNTY COUNTY OF ALBEMARLE .,•+iHl �h-'. Department of Community Development 401 McIntire Road,North Wing ALIFfe:‘ Charlottesville,Virginia 22902-4596 '' Tel. (434)296-5832 • Fax(434) 972-4126 r12fti� Stormwater Pollution Prevention Plan (SWPPP) For Construction Activities At: Project Name:Town&Country Shopping Center Address:Olympia Drive,Tax Map#78-9C Prepared by: William S. Moore, P.E. Name: Prepared for: Peter Wray Name: SWPPP Preparation Date: 08-31-2015 (This document is to be made publicly available according to 9VAC25-880- 70, Part II, section D) Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County 4 I CONTENTS: (from Albemarle County Code Sec. 17-405) 1. Registration statement 2. Notice of general permit coverage 3. Nature of activity 4. Erosion and Sediment Control Plan. 5. Stormwater Management Plan 6. Pollution Prevention Plan. 7. Discharges to impaired waters, surface waters within an applicable TMDL wasteload allocation, and exceptional waters. 8. Qualified personnel 9. Signed Certification 10. Delegation of authority. 11. General permit copy 12. Inspection logs Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County Section 1. Registration statement (Provide a signed completed copy of the DEQ registration statement) Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Registration Statement General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (Please Type or Print All Information) 1. Construction Activity Operator: (General permit coverage will be issued to this operator. The Certification in Item #12 must be signed by the appropriate person associated with this operator.)� Name: IAp 1 JVFSTM&'$(S , Li-C Contact: ?MR WRAY Mailing Address: 211o3 N . Auai5-r, Sr• City: '`JT!'tvr.•)1bN State: \pc Zip: zooI Phone: 540 - 80s-- 5/& Email address(if available): Indicate if DEQ may transmit general permit correspondence electronically: Yes C No e 2. Existing General Permit Registration Number(for renewals only): 3. Name and Location of the Construction Activity: Name: 1-pwr4 S tnv*�r 51-tcPPit4c, CF E(& Address(if available): City: State: VA Zip: County(if not located within a City): itLEEM/h' ('_CX.,Nyri Latitude (decimal degrees): 3$.O,3 A/ Longitude(decimal degrees): 78.4/5–iv Name and Location of all Off-site Support Activities to be covered under the general permit: Name: Address (if available): City: State: Zip: County(if not located within a City): Latitude(decimal degrees): Longitude (decimal degrees): 4. Status of the Construction Activity(check only one): Federal❑ State❑ Public❑ Private i 5. Nature of the Construction Activity(e.g., commercial, industrial, residential,agricultural, oil and gas,etc.): C-01kAAA.fr&C4- 6. Name of the Receiving Water(s)and Hydrologic Unit Code(HUC): Name: I 4 u 1 . Name: HUC: paogo,WLOtt U! HUC: 7. If the discharge is through /� � a�Munnic�ipal Separate Storm Sewer System (MS4),the name of the MS4 operator: Au LwUU✓v'" T 8. Estimated Project Start and Completion Date: Start Date(mm/dd/yyyy): el/WS- Completion Date(mm/dd/yyyy): O /'2.4.2 o 9. Total Land Area of Development(to the nearest one-hundredth acre): •2? A C G10Estimated Area to be Disturbed(to the nearest one-hundredth acre): •2.4 AC- 10. . Is the area to be disturbed part of a larger common plan of development or sale? Yes Li No ❑ 11. 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 this Registration Statement. By signing this Registration Statement the operator is certifying that the SWPPP has been prepared. 12. Certification: "I certify under penalty of law that I 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. Bases,on my in. of th- .erson or persons who manage the system or those persons directly responsible for gathering the i .rmation, e)�rffor/: on submitted is to the best of my knowledge and belief true, accurate, and complete. I am awa -' �-t there .: sierlific. penalties for submitting false information including the possibility of fine and imprisonment for k/a i': • ` Section 2. Notice of general permit coverage (This notice is to be posted near the main entrance according to 9VAC25-880-70, Part II, section C.) (Provide a copy of the DEQ coverage letter when obtained) Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County • Section 3. Nature of activity (Provide a detailed narrative of the construction activities. Include or reference a construction schedule and sequence. Include any phasing.) The owner is proposing the construction of a 12,400 sf shopping center and associated parking on Richmond Road between the existing Mexican restaurant and Kia dealership in Albemarle County. The proposed project is consistent with the surrounding highway commercial development. The proposed building is located towards the front of the lot adjacent to Route 250 with appropriate landscaping to provide an aesthetically pleasing view from the entrance corridor. CONSTRUCTION NARRATIVE - PHASE I (WPO201500060 SITE PLAN PAGE C2) A. INSTALL CONSTRUCTION ENTRANCE AS INDICATED ON PLANS. ALL CONSTRUCTION TRAFFIC SHALL ENTER AND EXIT THE SITE VIA SITE CONSTRUCTION ENTRANCES ONLY. DURING WET WEATHER CONDITIONS,DRIVERS OF CONSTRUCTION VEHICLES SHALL BE REQUIRED TO WASH THEIR WHEELS BEFORE ENTERING HIGHWAY. B. INSTALL SAFETY FENCING AND SILT FENCE AS SHOWN ON PLANS BEFORE ANY DISTURBANCE BEGINS. C. INSTALL RIGHT-OF-WAY DIVERSIONS AND TEMPORARY DIVERSIONS AS SHOWN. APPLY TEMPORARY STABILIZATION AS NEEDED. D. INSTALL SEDIMENT TRAP AS SHOWN ON PLANS. APPLY TEMPORARY STABILIZATION AS NEEDED. E. REFER TO PHASE II FOR FURTHER EROSION CONTROL MEASURES AND CONSTRUCTION NARRATIVE. CONSTRUCTION NARRATIVE - PHASE II (WP0201500060 SITE PLAN PAGE C4) A. MAINTAIN EROSION CONTROL MEASURES FROM PHASE I AS CONSTRUCTION PROGRESSES. BEFORE ANY EROSION CONTROL MEASURES FROM PHASE I&PHASE II CAN BE REMOVED,APPROVAL BY THE LOCAL COUNTY OFFICIALS MUST BE OBTAINED. B. COMMENCE CUT AND FILL OPERATIONS. SEED EXPOSED AREAS PROMPTLY. ONCE BUILDING PAD REACHES THE APPROPRIATE ELEVATION,BUILDING CONSTRUCTION CAN BEGIN. (NOTE: UPON FINAL GRADE BEING ACHIEVED,ENSURE 6"OF 21B IS MAINAINED FOR PAVED AREAS) C. INSTALL RIGHT-OF-WAY DIVERSIONS AS NEEDED IN PLACE OF PHASE I DIVERSIONS. D. INSTALL&MAINTAIN TEMPORARY FILL DIVERSIONS/RIGHT-OF-WAY DIVERSIONS AS EARTHWORK PROGRESSES. INSTALL UTILITIES AND STORM STRUCTURES WITH INLET PROTECTION AS SHOWN ON PLANS. E. ENSURE STORMWATER IS CONVEYED TO INLETS AS SHOWN PER GRADING PLAN. REMOVAL OF SEDIMENT TRAP MAY OCCUR ONCE APPROVAL FROM LOCAL COUNTY OFFICIAL HAS BEEN OBTAINED. (NOTE: SEDIMENT TRAP MAY ONLY BE REMOVED ONCE BUILDING PAD HAS BEEN CONSTRUCTED AND CULVERT INLET PROTECTION HAS BEEN INSTALLED ON STRUCTURE#2. ENSURE FILL DIVERSION DIRECTS STORMWATER TO CULVERT INLET PROTECTION UNTIL CURB AND GUTTER& CONCRETE DITCH ARE INSTALLED.) F. INSTALL CURB AND GUTTER. INSTALL CONCRETE DITCH TO STRUCTURE#2. INSTALLATION OF SIDEWALKS MAY OCCUR AT THIS TIME. (NOTE: UPON FINAL GRADE BEING ACHIEVED, ENSURE 6"OF 21B IS MAINAINED FOR PAVED AREAS) G. REMOVE CONSTRUCTION ENTRANCE AND INSTALL ASPHALT. PLACE TOPSOIL AND SEED EXPOSED AREAS PROMPTLY. H. AFTER FINAL STABILIZATION IS ACHIEVED,INLET PROTECTION MAY BE REMOVED. 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Plan showing pollution activities and prevention practices (Provide a reduced 11x17 copy of a site plan on which all of the following activity locations are clearly marked. Keep this plan up-to-date with ongoing site changes and inspections.) Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County > I m I o I 0 no I m I 0 I I I - I I_ xI r z I 0 c. 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N 1` \ 1.,,!.).:2,14,,,, �. �� - O 'p bnmM oiC o \ \ o 0 y?S� 3 U ^^D I W I p I . I m I m I_ o I_ = 1 - I I ,c I r I t I z \ I 0 'clO ” O? � ANOWA ND200 gd CO J � n p C) , o o N? E F Town & Country Shopping Center ,;° X44,0 m I zo 8 W �o V, o m m z z `0 yy ',. v b z lin:, N N N N N 4 8. d j F 1,m m O O 20 O O OOOy O O O W ° l00 SA a N o p s Ot6 y pF 6 cn �\ NU, W W -,O O J < !I NP - - 3 H 4�Am gm a '. -1 1: W Erosion Control Phase I I Plan m� m 3 a P €m $ v �I /��� D N < OYU�� ' w D ? O fien ➢ € g - , i ° y O W W p 2. K'N "o'z3 u u o c Rivanna Distract •b iii���"8 ; O j NO 0 N 77 T. a, of ,b`. N o p F T c`' ',1=' 4 n A 0 CT, N m 3 Albemarle County,Virginia 4rrn viN�° a - o z B. Sources of Pollutants, locations, and prevention practices Pollutant,or Pollutant Prevention Practices, Generating Activity Location on site Control Measures Fuel Storage (If Applicable) As shown on plan in Section 6A Containment Berm to be used C. Sources of Pollutants, continued. Common activities and minimum control and prevention Practices Pollutant,or Pollutant Prevention Practices, Generating Activity Location on site Control Measures Follow Erosion and Sediment Control Clearing,grading.excavating,and un- Land disturbance area Plan.Dispose of clearing debris at stabilized areas acceptable disposal sites.Seed and mulch, or sod within 7 days of land clearing Cover storm drain inlets and use drip Paving operations Roads and driveways pans and absorbent/oil dry for all paving machines to limit leaks and spills Direct concrete wash water into a leak- Concrete washout Current location and detail shown proof container or leak-proof settling and cement waste on plan in Section 6A. basin that is designed so that no overflows can occur Enclose or cover material storage areas. Mix paint indoors in a containment area or Structure construction,stucco, Structures in a flat unpaved area.Prevent the painting,and cleaning discharge of soaps,solvents,detergents and wash water,paint,form release oils and curing compounds. Water shall be filtered,settled or similarly Dewatering operations Dewatering sites shown on plan treated prior to discharge as shown on plan. Designated areas for material delivery Material delivery and storage Designated staging area shown on in and storage. Placed near construction Section 6A. entrances,away from waterways and drainage paths Follow manufacturer's instructions Material use during building process Building areas .MSDS's attached. waste collection area will not receive a substantial amount of runoff from upland Solid waste disposal Current designated container areas areas and does not drain directly to a on plan in Section 6A. waterway.Containers have lids covered before periods of rain,or are in a covered area.Scheduled collection to prevent Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County Pollutant,or Pollutant Prevention Practices, Generating Activity Location on site Control Measures overfilling.MATERIALS NOT TO BE BURIED ON-SITE Convenient and well-maintained portable sanitary facilities will be Sanitary waste Current locations shown on plan in provided,and located away from Section 6A. waterways or inlets. Such facilities shall be regularly maintained. Apply fertilizers in accordance with Landscaping operations Landscape areas shown on plan manufacturer's recommendations and not during rainfall events To be treated in a sediment basin or Wash Waters Wash areas shown on plan better control as specified on plan. Minimize the discharge of pollutants from equipment and vehicle washing Designated areas and details shown on Provide containment and filtering for all Vehicle and equipment washing plan wash waters per the plan Minimization of exposure to precipitation and stormwater. Minimize the exposure of building materials,building products, construction wastes,trash, landscape materials, fertilizers,pesticides,herbicides,detergents,sanitary waste,and other materials present on the site to precipitation and to stormwater. (Identify all non-stormwater discharges to occur on your site. Keep this plan up-to-date with ongoing site changes and inspections. See CGP, 9VAC25-880-70 section E for examples of non-stormwater discharges.) D. Non-stormwater discharges Discharge Pollutants or Pollutant Location on Site Constituents Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County E. Persons responsible for pollution prevention practices (Provide the names and contact information for all persons responsible for prevention practices as listed above.) Peter Wray with Tap Investments, LLC. F. Response and reporting practices Minimize discharges from spills and leaks. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures as follows. Respond to all spills,leaks and discharges as follows; Report all spills, leaks and discharges as follows; (Provide detailed response and reporting practices according to 9VAC25-880-70, Part IL section A.4.e.) 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. 1st Priority: Protect all people 2nd Priority: Protect equipment and property 3rd Priority: Protect the environment 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. 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 as necessary). 6. Stop spill from spreading (use absorbent or other material) 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. Emergency Contacts: Normal Working Hours DEQ Valley Regional Office 540-574-7800 Nights,Holidays&Weekends VA Dept.of Emergency Management 804-674-2400 24 Hour Reporting Service Local Contacts Local Fire Department Insert Telephone Number/911 Local Police Department Insert Telephone Number/911 Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County G. Pollution Prevention Awareness (Describe training and procedures to provide awareness and compliance for all measures in this document; waste management, wash waters, prevention measures, etc.) 1) Controls and Measures The Permit requires the implementation of various types of controls and measures that are implemented to control pollutants in storm water discharges from the project site. The Permit specifically requires the implementation of erosion and sediment control practices(both structural and non-structural), storm water management practices, and specific other controls to reduce pollutants. All E & S and SWM/BMP controls employed in this project were selected to meet and/or exceed State and local requirements and are detailed in the referenced design plans. Several requirements of the Permit relating to controls (Part II. , Appendix A) are not included in the referenced design plans. A description of all the required items (including E&S and SWM/BMP) is presented below, along with how they are addressed in this Plan: a) Erosion and Sediment Control The design plans for this project, Town& Country, contain detailed information regarding erosion and sediment controls used in this project. Specifically E & S control measures can be found on sheets C2 & C4. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased,but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased. Where construction activity on a portion of the site is temporarily ceased,and earth disturbing activities will be resumed within 14 days, temporary stabilization measures do not have to be initiated on that portion of the site. In drought-stricken areas where initiating perennial vegetative stabilization measures is not possible within seven days after construction activity has temporarily or permanently ceased, final vegetative stabilization measures shall be initiated as soon as practicable. All control measures must be properly selected, installed and maintained in accordance with manufacturer specifications and good engineering practices. If periodic inspections or other information indicates a control has been used inappropriately, or incorrectly, the permittee must replace or modify the control for site situations as soon as practicable. If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off-site impacts. Litter, construction debris, and construction chemicals exposed to storm water shall be prevented from becoming a pollutant source in storm water discharges. Such items will be elevated away from runoff and covered or tarped whenever practicable to reduce exposure to stormwater. No solid materials, including building materials, garbage, and debris shall be discharged to surface waters of the state, except as authorized a Clean Water Permit Section 404 permit. 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. b) SWM/BMP's The design plans for this project, Town & Country, contain detailed information regarding SWM/BMP controls used in this project. Specifically Stormwater Management Control Measures can be found on sheet C3. c) Fuels and Oils (i) On-site vehicle refueling will be conducted in a dedicated location away from access to surface waters. Since the location of fueling activities will periodically move during construction,the design plans do not contain a specific location. For each phase of work a location will be determined in the field and noted in the Site Inspection Log(Appendix D). Containment berms will be located adjacent to the refueling area that will contain any inadvertent spills until they can be cleaned up. Any on-site storage tanks will have a means of secondary containment. In the event of a spill, it will be cleaned up immediately and the material, including any contaminated soil, will be disposed of according to all federal, state, and local regulations. (ii) All vehicles on site will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. (iii) Petroleum products will be stored in tightly sealed containers which are clearly labeled. (iv) Spill kits will be stored and readily available at all fueling sources and maintenance activities. (v) Any asphalt substances used onsite will be applied according to the manufacturer's recommendation. d) Solid Waste No solid materials shall be discharged to surface water. Solid materials, including building materials, garbage, and debris shall be cleaned up daily and deposited into dumpsters, which will be periodically removed from the site and deposited into a landfill. e) Fertilizer (i) Fertilizers will be applied only in the minimum amounts recommenced by the manufacturer. (ii) Fertilizers will be worked into the soil to limit exposure to storm water. (iii) Fertilizers will be stored in a covered shed and partially used bags will be transferred to a sealable bin to avoid spills. f) Paint and other Chemicals (i) All paint containers and curing compounds will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewers, but will be properly disposed according to the manufacturer's instructions. (ii) Spray guns will be cleaned on a removable tarp. (iii) Chemicals used on-site are kept in small quantities and stored in closed containers undercover and kept out of direct contact with storm water. As with fuels and oils, any inadvertent spills will be cleaned up immediately and disposed of according to federal, state, and local regulations. g) Concrete (i) Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water on the site, except into leak-proof containers or leak-proof settling basins which are located in the designated concrete disposal area. (ii) Form release oil used for decorative stone work will be applied over a pallet covered with an absorbent material to collect excess fluid. The absorbent material will be replaced and disposed of properly when saturated. h) Water Testing When testing/cleaning of water supply lines, the discharge from the tested pipe will be collected and conveyed to a completed storm water pipe system for ultimate discharge into a sedimentation basin or SWM/BMP facility. i) Sanitary Waste Portable lavatories are located on-site and are serviced on a regular basis by a contractor. They will be located in upland areas away from direct contact with surface waters. Any spills occurring during servicing will be cleaned up immediately, including any contaminated soils, and disposed of according to all federal, state, and local regulations. j) Grading and E & S Activities A record of the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained and included in Appendix C of this plan or in another acceptable location onsite. 2) Spills Oil, chemical or other hazardous substance spills in excess of reportable quantities, in accordance with Part I E. of the Permit (Appendix A), will be reported to the Department in accordance with Part III G. of the Peuuuuit as soon as the discharge is discovered, but no later than 24 hours. A reportable quantity of oil is defined as a discharge to a surface water that causes a sheen, discoloration, and/or an emulsion. Reports will be made to the following: DEQ Valley Regional Office Phone: (540) 574-7800 Fax: (540) 574-7878 For reports outside normal working hours, leave a message. Virginia Department of Emergency Management Emergency Operations Center (EOC) Phone: 1-(800) 468-8892 Materials and equipment necessary for oil or chemical spill cleanup will be kept in the temporary material storage trailer onsite. Equipment will include, but not be limited to, brooms, dust pans,mops, rags, gloves, goggles, kitty litter, sand, saw dust, and plastic and metal trash containers. All oil or other chemical spills will be cleaned up immediately upon discovery. Spills large enough to reach the storm sewers will be reported to the National Response Center at 1-800-424-8802. If serious hazards to personal health are present, leave area and call 911. 3) Maintenance Maintenance of the erosion and sediment controls and the storm water management/BMP facilities incorporated into this project must be maintained on a regular basis to assure their continued effectiveness. This includes repairs to all erosion and sediment controls, including cleanout of all sediment basins and storm water management facilities at the required intervals. Those controls found to be ineffective during routine inspections (as described in the following section) shall be repaired before the next anticipated storm event or as soon as practicable. A more detailed description of the maintenance procedures is contained in the design plans, Town & Country, on sheet C5, and is incorporated in this plan by reference. 4) Inspections Inspections by qualified personnel shall be conducted of all areas of the site disturbed by construction activity, and areas used for storage of materials that are exposed to storm water. "Qualified personnel"means a licensed professional engineer, responsible land disturber (RLD), or other knowledgeable person who (i) holds a certificate of competence from the board in the area of project inspection;or(ii)is enrolled in the board's training program for project inspection or combined administrator and successfully completes such program within one year of enrollment. Inspections shall include the review of all disturbed areas, structural and non-structural control measures, material storage areas, and vehicular access points. Inspections are to be performed at least once every 10 business days and within 48 hours after a measureable storm event. A rain gauge shall be installed on-site in an open and accessible area to measure such storm events. Areas that already have been stabilized or where runoff is unlikely due to frozen or snow covered ground shall be inspected at least on a monthly basis. Inspections are intended to identify areas where the pollutant control measures at the site are ineffective and are allowing pollutants to enter surface waters. Receiving waters shall be inspected to ascertain whether control measures are effective in preventing significant impacts. Locations where vehicles enter or exit the site shall be inspected for evidence of offsite sediment tracking. If as a result of the inspection, the site conditions and/or control measures are found to have changed, the plan shall be updated within a period of 7 calendar days. If control measures need to be modified to assure effectiveness or if additional measures are determined to be necessary, implementation shall be completed prior to the next anticipated storm event or as soon as practicable. A report summarizing the inspections and the subsequent maintenance activities must be completed and maintained as part of the plan. The sample inspection forms are included in Appendix D. Required inspection elements include but are not limited to: 1. Recording the date and time of the inspection and when applicable the date and rainfall amount of the last measurable storm event; 2. Recording the information and a description of any discharges occurring at the time of the inspection; 3. Recording any land-disturbing activities that have occurred outside of the approved erosion and sediment control plan; 4. Inspecting 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; General Permit No.: VAR10 Page 12 of 21 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 channel, flume, 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 roads for minimizing sediment tracking; 5. Inspecting areas that have reached final grade or that will remain dormant for more than 14 days for initiation of stabilization activities; 6. Inspecting areas that have reached final grade or that will remain dormant for more than 14 days for completion of stabilization activities within seven days of reaching grade or stopping work; 7. Inspecting 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 but is not limited to: 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 sediments 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 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 outside of the approved area to be disturbed; 8. Inspecting areas that have reached final grade or that will remain dormant for more than 14 days for initiation of stabilization activities; 9. Identify any pollutant generating activities not identified in the pollution prevention plan; and 10. Identify and document the presence of any evidence of the discharge of pollutants prohibited by this general permit. Required documentation elements include but are not limited to: 1. Summarized findings of the inspection; 2. The location(s) of prohibited discharges; 3. The locations(s) of control measures that require maintenance; 4. The locations(s) of control measures that have failed to operate as designed or proved inadequate or inappropriate for a particular location; 5. The locations(s)where any evidence identified under section 7 above exists; 6. The locations(s) where any additional control measure is needed that did not exist at the time of inspection; 7. 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; 8. Documentation of any corrective actions required from a previous inspection that have not been implemented; and 9. The date and signature of the qualified personnel and the operator or its duly authorized representative. The operator shall implement the corrective action(s) identified as a result of an inspection as soon as practicable but no later than seven(7)days after discovery or a longer period as approved by the VSMP authority.If approval of a corrective action by a regulatory authority is necessary, additional control measures shall be implemented to minimize pollutants in storm water discharges until such approvals can be obtained. The operator needing to remove sediment from surface waters or wetlands shall obtain approval to do so from applicable federal, state, and local authorities. If an inspection does not identify any incidents of non-compliance,then the certification statement contained in the inspection form will apply. Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may limit the access of inspection personnel to the areas described in Section D 4 b. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected on the same frequencies as other construction projects, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 miles above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described above. The conditions of the controls, along each inspected 0.25-mile segment may be considered as representative of the condition of controls along that reach extending from the end of the 0.25-mile segment to either the end of the next 0.25-mile segment, or to the end of the project, whichever comes first. Inspection locations must be listed in the report required by Section II D 4d. 5) Non-Storm Water Discharges With the exception of flows from fire fighting activities, allowable sources of non-storm water discharges (Part I D.2. of the Permit, Appendix A) must be identified in the plan. Appropriate measures must be taken to ensure that pollution prevention measures for the non-storm water component of the discharge are implemented. The non-storm water discharges associated with this project identified at this time are: a) Testing of Water as discussed under II, B, 2, h. Other permitted discharges include: a) Discharges from fire fighting activities; b) Fire hydrant flushings; c) Waters used to wash vehicles where detergents are not used; d) Potable water sources, including waterline flushings; e) Water used to control dust; f) Water used for hydrostatic testing of new pipeline construction; g) Routine external building wash down which does not use detergents; h) Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; i) Uncontaminated air conditioning or compressor condensate; j) Uncontaminated ground water or spring water; k) Foundation or footing drains where flows are not contaminated with process materials such as solvents; I) Uncontaminated excavation dewatering, and m) Landscape irrigation. Section 7. Discharges to impaired waters, surface waters within an applicable TMDL wasteload allocation, and exceptional waters. (Provide detailed measures for any applicable TMDL) The Rivanna River is listed as impaired by E coli. No activities associated with this land disturbance will generate additional pollutants. Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 8. Qualified personnel The following personnel are responsible for inspections; (Provide the name, telephone number, and qualifications of the qualified personnel conducting inspections.) Peter Wray with Tap Investments, LLC. Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County Section 9. Signed Certification 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: Phi (4-)KAY Company: ,4 2 ��l7XSfi,, eV T5� LLC Title: In Signature: Date: ` 41, Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP)Albemarle County Section 10. Delegation of authority. (Provide the persons or positions with authority to sign inspection reports or to modify the stormwater pollution prevention plan. A formal, signed delegation of authority is needed.) Delegation of Authority I, (name),hereby designate the person or specifically described position below to be a duly authorized representative for the purpose of overseeing compliance with environmental requirements,including the Construction General Permit, at the construction site. The designee is authorized to sign any reports,stormwater pollution prevention plans and all other documents required by the permit. (name of person or position) (company) (address) (city,state,zip) (phone) By signing this authorization, I confirm that I meet the requirements to make such a designation as set forth in the Construction General Permit(CGP),and that the designee above meets the definition of a"duly authorized representative". Operator Name: Company: Title: Signature: Date: Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County Section 11. General permit copy (Provide a copy of the construction general permit, 9VAC25-880) Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP) Albemarle County CHAPTER 880 GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES 9VAC25-880-1. Definitions. The words and terms used in this chapter shall have the meanings defined in the Virginia Stormwater Management Act (Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia), this chapter, and 9VAC25-870 unless the context clearly indicates otherwise, except as otherwise specified in this section. Terms not defined in the Act, this chapter, or 9VAC25-870 shall have the meaning attributed to them in the federal Clean Water Act (33 USC § 1251 et seq.) (CWA). For the purposes of this chapter: "Business day" means Monday through Friday excluding state holidays. "Commencement of land disturbance" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities (e.g., stockpiling of fill material). "Construction site" means the land where any land-disturbing activity is physically located or conducted, including any adjacent land used or preserved in connection with the land-disturbing activity. "Final stabilization" means that one of the following situations has occurred: 1. All soil disturbing activities at the site have been completed and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly distributed), mature enough to survive, and will inhibit erosion. 2. For individual lots in residential construction, final stabilization can occur by either: a. The homebuilder completing final stabilization as specified in subdivision 1 of this definition; or b. The homebuilder establishing temporary soil stabilization, including perimeter controls for an individual lot prior to occupation of the home by the homeowner, and informing the homeowner of the need for, and benefits of, final stabilization. 3. For construction projects on land used for agricultural purposes , final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters, and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization criteria specified in subdivision 1 or 2 of this definition. "Immediately" means as soon as practicable, but no later than the end of the next business day, following the day when the land-disturbing activities have temporarily or permanently ceased. In the context of this general permit, "immediately" is used to define the deadline for initiating stabilization measures. "Impaired waters" means surface waters identified as impaired on the 2012 § 305(b)/303(d) Water Quality Assessment Integrated Report. "Infeasible" means not technologically possible or not economically practicable and achievable in light of best industry practices. "Initiation of stabilization activities" means: 1. Prepping the soil for vegetative or nonvegetative stabilization; Page 1 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 2. Applying mulch or other nonvegetative product to the exposed area; 3. Seeding or planting the exposed area; 4. Starting any of the above activities on a portion of the area to be stabilized, but not on the entire area; or 5. Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization. This list is not exhaustive. "Measurable storm event" means a rainfall event producing 0.25 inches of rain or greater over 24 hours. "Stabilized" means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage. 9VAC25-880-10. Purpose. This general permit regulation governs stormwater discharges from regulated construction activities. For the purposes of this chapter, these discharges are defined as stormwater discharges associated with large construction activity, and stormwater discharges associated with small construction activity. Stormwater discharges associated with other types of industrial activity shall not have coverage under this general permit. This general permit covers only discharges through a point source to surface waters or through a municipal or nonmunicipal separate storm sewer system to surface waters. Stormwater discharges associated with industrial activity that originate from construction activities that have been completed and the site has undergone final stabilization are not authorized by this general permit. 9VAC25-880-15. Applicability of incorporated references based on the dates that they became effective. Except as noted, when a regulation of the United States set forth in the Code of Federal Regulations is referenced and incorporated herein, that regulation shall be as it exists and has been published in the July 1, 2013, update. 9VAC25-880-20. Effective date of general permit. This general permit is effective on July 1, 2014. The general permit will expire on June 30, 2019. This general permit is effective for any covered operator upon compliance with all provisions of 9VAC25-880-30. 9VAC25-880-30. Authorization to discharge. A. Any operator governed by this general permit is authorized to discharge to surface waters of the Commonwealth of Virginia provided that: 1. The operator submits a complete and accurate registration statement, if required to do so, in accordance with 9VAC25-880-50 and receives acceptance of the registration by the board; 2. The operator submits any permit fees, if required to do so, in accordance with 9VAC25-870-700 et seq.; 3. The operator complies with the applicable requirements of 9VAC25-880-70; 4. The operator obtains approval of: Page 2 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) a. An erosion and sediment control plan from the appropriate VESCP authority as authorized under the Erosion and Sediment Control Regulations (9VAC25-840), unless the operator receives from the VESCP an "agreement in lieu of a plan" as defined in 9VAC25-840-10 or prepares the erosion and sediment control plan in accordance with annual standards and specifications approved by the department. The operator of any land-disturbing activity that is not required to obtain erosion and sediment control plan approval from a VESCP authority or is not required to adopt department-approved annual standards and specifications shall submit the erosion and sediment control plan to the department for review and approval; and b. A stormwater management plan from the appropriate VSMP authority as authorized under the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870), unless the operator prepares the stormwater management plan in accordance with annual standards and specifications approved by the department. The operator of any land-disturbing activity that is not required to obtain stormwater management plan approval from a VSMP authority or is not required to adopt department-approved annual standards and specifications shall submit the stormwater management plan to the department for review and approval; and 5. The board has not notified the operator that the discharge is not eligible for coverage in accordance with subsection B of this section. B. The board will notify an operator that the discharge is not eligible for coverage under this general permit in the event of any of the following: 1. The operator is required to obtain an individual permit in accordance with 9VAC25- 870-410 B; 2. The operator is proposing discharges to surface waters specifically named in other board regulations that prohibit such discharges; 3. The discharge causes, may reasonably be expected to cause, or contributes to a violation of water quality standards (9VAC25-260); 4. The discharge violates or would violate the antidegradation policy in the Water Quality Standards (9VAC25-260-30) ; or 5. The discharge is not consistent with the assumptions and requirements of an applicable TMDL approved prior to the term of this general permit. C. 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: 1. The support activity is directly related to a construction activity that is required to have general permit coverage for discharges of stormwater from construction activities; 2. The support activity is not a commercial operation , nor does it serve multiple unrelated construction activities by different operators; 3. The support activity does not operate beyond the completion of the last construction activity it supports; 4. The support activity is identified in the registration statement at the time of general permit coverage; 5. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and 6. All applicable, state, federal, and local approvals are obtained for the support activity. D. Support activities located off-site are not required to be covered under this general permit. Discharges of stormwater from off-site support activities may be authorized under Page 3 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) another state or VPDES permit. Where stormwater discharges from off-site support activities are not authorized under this general permit, the land area of the off-site support activity need not be included in determining the total land disturbance acreage of the construction activity seeking general permit coverage. E. 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. F. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by this general permit: 1. Discharges from firefighting activities; 2. Fire hydrant flushings; 3. Water 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 source, including uncontaminated waterline flushings; 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 water 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 groundwater 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 irrigations. G. Approval for coverage under this general permit does not relieve any operator of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation. H. Continuation of general permit coverage. 1. Any operator that was authorized to discharge under the general permit issued in 2009 and that submits a complete and accurate registration statement on or before June 30, 2014, is authorized to continue to discharge under the terms of the 2009 general permit until such time as the board either: a. Issues coverage to the operator under this general permit or b. Notifies the operator that the discharge is not eligible for coverage under this general permit. 2. When the operator is not in compliance with the conditions of the expiring or expired general permit the board may choose to do any or all of the following: Page 4 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) • a. Initiate enforcement action based upon the 2009 general permit; b. Issue a notice of intent to deny the new general permit. If the general permit is denied, the owner or operator would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a state permit; c. Issue a new state permit with appropriate conditions; or d. Take other actions authorized by the VSMP Regulation (9VAC25-870). 9VAC25-880-40. Delegation of authorities to state and local programs. A board-approved VSMP authority is authorized to administer requirements of this general permit, including but not limited to: (i) registration statement acceptance; (ii) fee collection; (iii) stormwater management plan review and approval; and (iv) permit compliance and enforcement dependent upon conditions established as part of the board approval. 9VAC25-880-50. General permit application (registration statement). A. Deadlines for submitting registration statement. Any operator seeking coverage under this general permit, and that is required to submit a registration statement, shall submit a complete and accurate general VPDES permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES permit for discharges of stormwater from construction activities. 1. New construction activities. a. Any operator proposing a new stormwater discharge from construction activities shall submit a complete and accurate registration statement to the VSMP authority prior to the commencement of land disturbance. b. Any operator proposing a new stormwater discharge from construction activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment is authorized to discharge under this general permit, provided that: (1) The operator submits a complete and accurate registration statement to the VSMP authority no later than 30 days after commencing land disturbance; and (2) Documentation to substantiate the occurrence of the public emergency is provided with the registration statement. c. Any operator proposing a new stormwater discharge associated with the construction of a single-family residence separately built, disturbing less than one acre and part of a larger common plan of development or sale, is authorized to discharge under this general permit and is not required to submit a registration statement or the department portion of the permit fee, provided that the stormwater management plan for the larger common plan of development or sale provides permanent control measures (i.e., stormwater management facilities) encompassing the single family residence. 2. Existing construction activities. a. Any operator that was authorized to discharge under the general permit issued in 2009 and that intends to continue coverage under this general permit shall: (1) Submit a complete and accurate registration statement to the VSMP authority on or before June 1, 2014; and Page 5 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) (2) 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. Any operator with an existing stormwater discharge associated with the construction of a single-family residence separately built, disturbing less than one acre and part of a larger common plan of development or sale, and that intends to continue coverage under this general permit, is authorized to discharge under this general permit and is not required to submit a registration statement or the department portion of the permit fee, provided that: (1) The stormwater management plan for the larger common plan of development or sale provides permanent control measures (i.e., stormwater management facilities) encompassing the single-family residence; and (2) The operator updates 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. 3. For stormwater discharges from construction activities where the operator changes, the new operator must submit a complete and accurate registration statement or transfer agreement form to the VSMP authority prior to assuming operational control over site specifications or commencing work on-site. 4. Late notifications. Operators are not prohibited from submitting registration statements after commencing land disturbance. When a late registration statement is submitted, authorization for discharges shall not occur until coverage under the general permit is issued. The VSMP authority, department, board, and the EPA reserve the right to take enforcement action for any unpermitted discharges that occur between the commencement of land disturbance and discharge authorization. B. Registration statement. The operator shall submit a registration statement to the VSMP authority that shall contain the following information: 1. Name, contact, mailing address, telephone number, and email address if available of the construction activity operator. No more than one operator may receive coverage under each registration statement. NOTE: General permit coverage will be issued to this operator, and the certification in subdivision 11 of this subsection must be signed by the appropriate person associated with this operator; 2. Name and location if available of the construction activity and all off-site support activities to be covered under this general permit, including city or county, and latitude and longitude in decimal degrees; 3. Status of the construction activity: federal, state, public, or private; 4. Nature of the construction activity (e.g., commercial, industrial, residential, agricultural, oil and gas, etc.); 5. Name of the receiving water(s) and HUC ; 6. If the discharge is through a municipal separate storm sewer system (MS4), the name of the municipal separate storm sewer system operator; 7. Estimated project start date and completion date; 8. Total land area of development and estimated area to be disturbed by the construction activity (to the nearest one-hundredth of an acre); 9. Whether the area to be disturbed by the construction activity is part of a larger common plan of development or sale; Page 6 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 10. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the General VPDES Permit for Stormwater Discharges from Construction Activities prior to submitting the registration statement. By signing the registration statement the operator certifies that the SWPPP has been prepared ; and 11. The following certification: "I certify under penalty of law that I 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." C. The registration statement shall be signed in accordance with 9VAC25-880-70, Part Ill K. 9VAC25-880-60. Termination of general permit coverage. A. Requirements. The operator of the construction activity shall submit a notice of termination to the VSMP authority after one or more of the following conditions have been met: 1. 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 is responsible. 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 notice of termination; 2. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; 3. Coverage under an alternative VPDES or state permit has been obtained; or 4. For residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. The notice of termination should be submitted no later than 30 days after one of the above conditions being met. Authorization to discharge terminates at midnight on the date that the notice of termination is submitted for the conditions set forth in subdivisions 2 through 4 of this subsection unless otherwise notified by the VSMP authority or the department. Termination of authorizations to discharge for the conditions set forth in subdivision 1 of this subsection shall be effective upon notification from the department that the provisions of subdivision 1 of this subsection have been met or 60 days after submittal of the notice of terminations, whichever occurs first. B. Notice of termination. The notice of termination shall contain the following information: 1. Name, contact, mailing address, telephone number, and email address if available of the construction activity operator. 2. Name and location if available of the construction activity covered under this general permit, including city or county, and latitude and longitude in decimal degrees. 3. The general permit registration number. 4. The basis for submission of the notice of termination, pursuant to subsection A of this section. 5. Where applicable, a list of the on-site and off-site permanent control measures (both structural and nonstructural) that were installed to comply with the stormwater Page 7 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) management technical criteria. For each permanent control measure that was installed, the following information shall be included: a. The type of permanent control measure installed and the date that it became functional as a permanent control measure; b. The location if available of the permanent control measure, including city or county, and latitude and longitude in decimal degrees; c. The receiving water of the permanent control measures; and d. The number of total and impervious acres treated by the permanent control measure (to the nearest one-tenth of an acre). 6. Where applicable, the following information related to participation in a regional stormwater management plan. For each regional stormwater management facility, the following information shall be included: a. The type of regional facility to which the site contributes; b. The location if available of the regional facility, including city or county, and latitude and longitude in decimal degrees; and c. The number of total and impervious site acres treated by the regional facility (to the nearest one-tenth of an acre). 7. Where applicable, the following information related to perpetual nutrient credits that were acquired in accordance with § 62.1-44.15:35 of the Code of Virginia: a. The name of the nonpoint nutrient credit generating entity from which perpetual nutrient credits were acquired; and b. The number of perpetual nutrient credits acquired (lbs. per acre per year). 8. The following certification: "I certify under penalty of law that I have read and understand this notice of termination 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." C. The notice of termination shall be signed in accordance with 9VAC25-880-70 Part Ill K. D. Termination by the board. The board may terminate coverage under this general permit during its term and require application for an individual permit or deny a general permit renewal application on its own initiative in accordance with the Act, this chapter, and the VSMP Regulation, 9VAC25-870. 9VAC25-880-70. General permit. Any operator whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements contained therein and be subject to all requirements of 9VAC25-870. Page 8 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) General Permit No.: VAR10 Effective Date: July 1, 2014 Expiration Date: June 30, 2019 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 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 herein. PART I DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS A. Coverage under this general permit. 1. During the period beginning with the date of coverage under this general permit and lasting until the general permit's expiration date, the operator is authorized to discharge stormwater from construction activities. 2. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that: a. The support activity is directly related to the construction activity that is required to have general permit coverage for discharges of stormwater from construction activities; b. The support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators ; c. The support activity does not operate beyond the completion of the last construction activity it supports; d. The support activity is identified in the registration statement at the time of general permit coverage; e. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and f. All applicable state, federal, and local approvals are obtained for the support activity. B. Limitations on coverage. 1. Post-construction discharges. This general permit does not authorize stormwater discharges that originate from the site after construction activities have been completed and the site, including any support activity sites covered under the general permit Page 9 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) registration, has undergone final stabilization. Post-construction industrial stormwater discharges may need to be covered by a separate VPDES permit. 2. Discharges mixed with nonstormwater. This general permit does not authorize discharges that are mixed with sources of nonstormwater, other than those discharges that are identified in Part I E (Authorized nonstormwater discharges) and are in compliance with this general permit. 3. Discharges covered by another state permit. This general permit does not authorize discharges of stormwater from construction activities that have been covered under an individual permit or required to obtain coverage under an alternative general permit. 4. Impaired waters and TMDL limitation. Discharges of stormwater from construction activities to surface waters identified as impaired in the 2012 § 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 SWPPP that minimizes the pollutants of concern and, when applicable, is consistent with the assumptions and requirements of the approved TMDL wasteload allocations. In addition, the operator shall implement the following items: a. The impaired water(s), approved TMDL(s), and pollutant(s) of concern, when applicable, shall be identified in the SWPPP; b. 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; c. 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 d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit. 5. Exceptional waters limitation. Discharges of stormwater from construction activities not previously covered under the general permit issued in 2009 to exceptional waters identified in 9VAC25-260-30 A 3 c are not eligible for coverage under this general permit unless the operator implements the following: a. The exceptional water(s) shall be identified in the SWPPP; b. 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; c. 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 Page 10 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to exceptional waters. 6. There shall be no discharge of floating solids or visible foam in other than trace amounts. C. Commingled discharges. Discharges authorized by this general permit may be commingled with other sources of stormwater that are not required to be covered under a state permit, so long as the commingled discharge is in compliance with this general permit. Discharges authorized by a separate state or VPDES permit may be commingled with discharges authorized by this general permit so long as all such discharges comply with all applicable state and VPDES permit requirements. D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, I C and I E, all discharges covered by this general permit shall be composed entirely of stormwater associated with construction activities. All other discharges including the following are prohibited: 1. Wastewater from washout of concrete; 2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; 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; 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 Page 11 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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 to the VSMP authority after one or more of the following conditions have been met: 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 is responsible. When applicable, long term responsibility and maintenance requirements shall be recorded in the local land records prior to the submission of a notice of termination; 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 residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. 2. The notice of termination should be submitted no later than 30 days after one of the above conditions in subdivision 1 of this subsection are met. 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. Termination of authorizations 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 the notice of termination, whichever occurs first. 3. The notice of termination shall be signed in accordance with Part III K of this general permit. G. Water quality protection. 1. The operator must select, install, implement and maintain control measures as identified in the SWPPP at the construction site that minimize pollutants in the discharge as necessary to ensure that the operator's discharge does not cause or contribute to an excursion above any applicable water quality standard. 2. If it is determined by the department that the operator's discharges are causing, have reasonable potential to cause, or are contributing to an excursion above any applicable water quality standard, the department, in consultation with the VSMP authority, may take appropriate enforcement action and require the operator to: a. Modify or implement additional control measures in accordance with Part II B to adequately address the identified water quality concerns; Page 12 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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 c. Submit an individual permit application in accordance with 9VAC25-870-410 B 3. All written responses required under this chapter must include a signed certification consistent with Part III K. PART II STORMWATER POLLUTION PREVENTION 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 A. 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 must develop the missing elements and include them in the SWPPP. Any operator that was authorized to discharge under the general permit issued in 2009, 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. A. Stormwater pollution prevention plan contents. The SWPPP shall include the following items: 1. General information. a. A signed copy of the registration statement 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: (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; Page 13 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) (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 support activities, when applicable and when required by the VSMP authority, including but not limited to (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 purposes. 2. Erosion and sediment control plan. a. An erosion and sediment control plan approved by the VESCP authority as authorized under the 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. Any operator proposing a new stormwater discharge from construction activities that is not required to obtain erosion and sediment control plan approval from a VESCP authority or does not adopt department-approved annual standards and specifications shall submit the erosion and sediment control plan to the department for review and approval. b. All erosion and sediment control plans shall include a statement describing the maintenance responsibilities required for the erosion and sediment controls used. c. A properly implemented 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, that adequately: (1) Controls the volume and velocity of stormwater runoff within the site to minimize soil erosion; (2) Controls stormwater discharges, including peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion; (3) Minimizes the amount of soil exposed during the construction activity; (4) Minimizes the disturbance of steep slopes; (5) Minimizes 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) Provides and maintains natural buffers around surface waters, directs stormwater to vegetated areas to increase sediment removal, and maximizes stormwater infiltration, unless infeasible; Page 14 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) (7) Minimizes soil compaction and, unless infeasible, preserves topsoil; (8) Ensures that stabilization of disturbed areas will be initiated 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) Utilizes 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. New construction activities. A stormwater management plan approved by the VSMP authority as authorized under the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870), or a stormwater management plan prepared in accordance with annual standards and specifications approved by the department. Any operator proposing a new stormwater discharge from construction activities that is not required to obtain stormwater management plan approval from a VSMP authority or does not adopt department-approved annual standards and specifications shall submit the stormwater management plan to the department for review and approval. b. Existing construction activities. Any operator that was authorized to discharge under the general permit issued in 2009, and that intends to continue coverage under this general permit, shall ensure compliance with the requirements of 9VAC25- 870-93 through 9VAC25-870-99 of the VSMP Regulation, including but not limited to the water quality and quantity requirements. The SWPPP shall include a description of, and all necessary calculations supporting, all post-construction stormwater management measures that will be installed prior to the completion of the construction process to control pollutants in stormwater discharges after construction operations have been completed. Structural measures should be placed on upland soils to the degree possible. Such measures must be designed and installed in accordance with applicable VESCP authority, VSMP authority, state, and federal requirements, and any necessary permits must be obtained. 4. Pollution prevention plan. A pollution prevention plan that addresses potential pollutant-generating activities that may reasonably be expected to affect the quality of stormwater discharges from the construction activity, including any support activity. The pollution prevention plan shall: a. Identify the potential pollutant-generating activities and the pollutant that is expected to be exposed to stormwater; 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 Page 15 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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 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, and sanitary wastes; and (8) Address any other discharge from the potential pollutant-generating activities not addressed above; and f. Describe procedures for providing pollution prevention awareness of all applicable wastes, including any wash water, disposal practices, and applicable disposal locations of such wastes, to personnel in order to comply with the conditions of this general permit. The operator shall implement the procedures described in the SWPPP. 5. SWPPP requirements for discharges to impaired waters, surface waters with an applicable TMDL wasteload allocation established and approved prior to the term of this general permit, and exceptional waters. The SWPPP shall: a. Identify the impaired water(s), approved TMDL(s), pollutant(s) of concern, and exceptional waters identified in 9VAC25-260-30 A 3 c, when applicable; b. 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; Page 16 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) (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 I B 4 or Part I B 5. 6. Qualified personnel. The name, phone number, and qualifications of the qualified personnel conducting inspections required by this general permit. 7. Delegation of authority. The individuals or positions with delegated authority, in accordance with Part III K, to sign inspection reports or modify the SWPPP. 8. SWPPP signature. The SWPPP shall be signed and dated in accordance with Part III K. B. SWPPP amendments, modification, and updates. 1. The operator shall amend the SWPPP whenever there is a change in the design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters and that has not been previously addressed in the SWPPP. 2. The SWPPP must 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 must be accomplished as described in Part II G. 3. The SWPPP must clearly identify the contractor(s) 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 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 where modified as soon as possible; 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 Page 17 of 29 9VAC25-880 (adopted 12/17/2013 - published 2124/2014 - effective 7/1/2014) g. Measures taken to address any evidence identified as a result of an inspection required under Part II F. 5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Part III K. C. 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. D. 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. 2. The operator shall make the SWPPP and all amendments, modifications, and updates available upon request to the department, the VSMP authority, the EPA, the VESCP authority, local government officials, or the operator of a municipal separate storm sewer system receiving discharges from the construction activity. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the SWPPP's location must be posted near the main entrance of the construction site. 3. The operator shall make the SWPPP available for public review in an electronic format or in hard copy. Information for public access to the SWPPP shall be posted and maintained in accordance with Part II C. 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. E. SWPPP implementation. The operator shall implement the SWPPP and subsequent amendments, modifications, and updates from commencement of land disturbance until termination of general permit coverage as specified in Part I F. 1. All control measures must 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 F identifies a control measure that is not operating effectively, corrective action(s) shall be completed as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority, to maintain the continued effectiveness of the control measures. 2. If site inspections required by Part II F identify an existing control measure that needs to be modified or if an additional 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 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. F. 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 insuring that the qualified personnel conduct the inspection. Page 18 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) • 2. Inspection schedule. 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 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 no later than the next business day. b. 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 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. c. 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 report required by Part II F. 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; (2) Record the information and a description of any discharges occurring at the time of 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; (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 channel, flume, or other slope drain structures installed to convey concentrated runoff down cut and fill slopes; Page 19 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) (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 roads for minimizing sediment tracking; (5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for initiation of stabilization activities; (6) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for completion of stabilization activities within seven days of reaching grade or stopping work; (7) 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 but is not limited to: (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 sediments 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 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 outside of the approved area to be disturbed; (8) Inspect pollutant generating activities identified in the pollution prevention plan for the proper implementation, maintenance and effectiveness of the procedures and practices; (9) Identify any pollutant generating activities not identified in the pollution prevention plan; and (10) 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 location(s) of prohibited discharges; d. The location(s) of control measures that require maintenance; Page 20 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) e. The location(s) of control measures that failed to operate as designed or proved inadequate or inappropriate for a particular location; f. The location(s) where any evidence identified under Part II F 3 a (7) exists; g. The location(s) where any additional control measure is needed that did not exist at the time of inspection; h. A list of corrective actions required (including any changes to the SWPPP that are necessary ) as a result of the inspection or to maintain permit compliance; i. Documentation of any corrective actions required from a previous inspection that have not been implemented; and j. The date and signature of the qualified personnel and the operator or its duly authorized representative. The inspection report and any actions taken in accordance with Part II must 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. G. Corrective actions. 1. The operator shall implement the corrective action(s) identified as a result of an inspection as soon as practicable but no later than seven days after discovery or a longer period as approved by the VSMP authority. If approval of a corrective action by a regulatory authority (e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control measures shall be implemented to minimize pollutants in stormwater discharges until such approvals can be obtained. 2. The operator may be required to remove accumulated sediment deposits located outside of the construction activity covered by this general permit as soon as practicable in order to minimize environmental impacts. The operator shall notify the VSMP authority and the department as well as obtain all applicable federal, state, and local authorizations, approvals, and permits prior to the removal of sediments accumulated in surface waters including wetlands. 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 must comply with the requirements of subsections A, B, and C, as appropriate. A. Monitoring. 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitoring activity. 2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this general permit. Analyses performed according to test procedures approved under 40 CFR Part 136 shall be performed by an environmental laboratory certified under regulations adopted by the Department of General Services (1 VAC30-45 or 1 VAC30-46). Page 21 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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 individual(s) who performed the sampling or measurements; c. The date(s) and time(s) analyses were performed; d. The individual(s) 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. 1. The operator shall update the SWPPP to include the results of the monitoring as may be performed in accordance with this general permit, unless another reporting schedule is specified elsewhere in this general permit. 2. Monitoring results shall be reported on a discharge monitoring report (DMR); on forms provided, approved or specified by the department; or in any format provided that the date, location, parameter, method, and result of the monitoring activity are included. 3. If the operator monitors any pollutant specifically addressed by this general permit more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this general permit. D. Duty to provide information. The operator shall furnish, within a reasonable time, any information which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this general permit 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. Page 22 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 711/2014) 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; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this general permit. Discharges reportable to the department and the VSMP authority under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a "bypass" or"upset", as defined herein, 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 but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; 3. Failure or taking out of service of some or all of the facilities; and 4. Flooding or other acts of nature. I. Reports of noncompliance. The operator shall report any noncompliance which may adversely affect surface waters or may endanger public health. 1. An oral report to the department and the VSMP authority shall be provided within 24 hours from the time the operator becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision: Page 23 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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; 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 11 or 2 in writing as part of the SWPPP. The reports shall contain the information listed in Part 111 12. 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 manager is authorized to make management decisions that govern the operation of the regulated facility including having the Page 24 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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, etc. 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 must 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 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 Page 25 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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 90 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. 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 Page 26 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Part Ill 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. 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(s) of the upset; b. The permitted facility was at the time being properly operated; Page 27 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) 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 must be kept under the conditions of this general permit; 2. Have access to and copy, at reasonable times, any records that must 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. 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 permits 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 permits. 1. State permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a state permit may be transferred by the operator to a new operator only if the state permit has been modified or revoked and reissued, or a minor modification made, to identify the new operator and incorporate such other requirements as may be necessary under the Virginia Stormwater Management Act and the Clean Water Act. 2. As an alternative to transfers under Part III Y 1, this state permit may be automatically transferred to a new operator if: a. The current operator notifies the department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new operators containing a specific date for transfer of state permit responsibility, coverage, and liability between them; and c. The department does not notify the existing operator and the proposed new operator of its intent to modify or revoke and reissue the state permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b. 3. For ongoing construction activity involving a change of operator, the new operator shall accept and maintain the existing SWPPP, or prepare and implement a new SWPPP prior to taking over operations at the site. Page 28 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) • 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. 9VAC25-880-80. (Repealed.) 9VAC25-880-82. (Repealed.) 9VAC25-880-84. (Repealed.) 9VAC25-880-86. (Repealed.) 9VAC25-880-88. (Repealed.) 9VAC25-880-90. (Repealed.) 9VAC25-880-100. Delegation of authority. The director, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia. FORMS (9VAC25-880) Department of Environmental Quality Construction Activity Operator Permit Fee Form (rev. 01/2014) Notice of Termination - General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (rev. 01/2014) Registration Statement - General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (rev. 01/2014) Transfer Agreement - General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (rev. 01/2014) Page 29 of 29 9VAC25-880 (adopted 12/17/2013 - published 2/24/2014 - effective 7/1/2014) ' Section 12. Inspection logs (Provide templates for your inspections. Requirements are listed in 9VAC25-880-70, Part II, section B and F.) Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP)Albemarle County • • E ƒ ) CCS ° ƒ / \-o G G 0 % \ ° § — 7 / 2 = Cl) a) _ _ % § % p } a) Jo E CL a 7 » _ \ = \ { \ / $ f = = % G \ x \ W o6 G k = \ ® a) csi Q ( / - 73 = / / \ Q E . / 3E = CU ccs ',15 - ® — 5 cco u)o ° co� / a \ o / ƒ ® ¥ u -CI) 7cs . / 3 ® r 0 / a \ c a) Gs = 0 •( \ 2 ƒ — o o \ ) E co , § CO / \ - ° . - p \ \ E - \ § a / . & / k § \ \ o r \ + k 3 � -E' ± � 7 ) _ * �0. / / \ 3 E \ 0 0 ƒ \ 0 o e c o LL = e a U) n ) 00. . ® 0 0 4- - > $ 0 'ƒ 0 2 2 2 2 2 » 2 2 z § _ LIJ \ —. k --"CO 0" \ CD 0 3 • J >— 2 2 Z 2 2 Z Z 2 ƒ � \ \ \ � / . / \ e ° — Ctj Z \ f t >-• >- 2 >- Z >- >- Z y $ Oo k \ / a Cn \ ƒ ? / .G o ± % I / ± ° 'Cr) - F— ^ -_ « a % C 2 } CL. Eg \ = 5 \ \ /» § f / ® ƒ / E E > « § 3 77 / 5 g o o f J o © 3 / 0 \ \ / 0 5 C ~ 4 G = w \ k / .. \ 0ii \E 771_ 2 G — / % • , • n3 0 N E E G--I Cq (B C a) O o a o Q. 6 ,V •3 N CN � U _ • O O V 0 ♦�//�� h 0 O p v/ @ O 4— i7 O. -pt - V L •— • co Cr" +'�-• .� � Z45 CyV U (0 +� U Q V • ca a > z 0 O •ce 'C U C ct I) U ai E 0 U 0 o o U O O v, J 7 a' E nU z cn •— O C • • RECEIVED OCT - 6 2015 COMMUNITY DEVELOPMENT