Reissuance of the General Permit for Stormwater Discharges from Construction Activities Eric R. Capps VSMP Construction

1. Reissuance of the General Permit for Stormwater Discharges from Construction ActivitiesEric R. CappsVSMP Construction Permitting Manager

2. Construction General Permit Required for stormwater discharges associated with land-disturbing activities • Large construction activity: > 5 acres • Small construction activity: > 1 acre < 5 acres • Bay Act Area: > 2,500 sqft < 1 acre • Common plan of development

3. Construction General Permit Fees • Based on area of land-disturbance > 5 acres - $500 > 1 acre < 5 acres - $300 2,500sqft < 1 acre – currently no fee unless part of a common plan of development or sale • Common plan of development or sale - $300 or $500 fee - Based on the developments land-disturbance - Not the construction sites land-disturbance

4. Construction General Permit • 5 Year Permit (Maximum) • DCR01 General Permit - Effective Date July 1, 2004 - Expiration Date June 30, 2009 - DCR01-FY-###### • VAR10 General Permit - Effective Date July 1, 2009 - Expiration Date June 30, 2014 - VAR10-FY-######

5. Significant Changes from the 2004 Construction General Permit • Updating and adding definitions • Updates to standard forms - Registration statement (DCR 199-146) - Fee form (DCR 199-145) - Notice of termination (DCR 199 -147) - Transfer (DCR 199-191) • Updates to stormwater pollution prevention plan requirements (SWPPP) • Inclusion of Part II water quality and quantity requirements

6. Updating and Adding Definitions • Control measure -any BMP, stormwater facility, or other method used to minimize the discharge of pollutants to state waters. • Qualified Personnel - licensed PE, RLD, or other person certified by the board as a inspector combined administrator. • Minimize - to prevent, reduce or eliminate using practicable control measures to meet the conditions of the permit. • Virginia Stormwater BMP Clearinghouse Website a website that contains detailed standards and specifications for control measures that may be used to comply with the Virginia Stormwater Management Law and associated regulations

7. Registration Statement (Application) • Continue coverage submit application by June 1, 2009 • Update SWPPP within 30 days after date of coverage • Authorized to discharge stormwater 15 days following submission of a complete and accurate application • Direct discharges to receiving waters - Impaired waters 2008 305(b)/303(d) - TMDL WLA established for construction activities • Nutrient offsets • Certification - Read and understood the application - Documents were prepared properly - Best of knowledge to be true, accurate and complete - False information fine or imprisonment

8. Notice of Termination • Submitted within 30 days of one or more of the following conditions are meet: 1. Post-construction controls measures in place & functioning; final stabilization of site 2. Another operator has assumed control over site 3. Obtained coverage under an alternative VPDES or VSMP permit 4. Residential only - temporary stabilization & transferred to homeowner • List of permanent control measures or regional facility - Type of control measure - Location (locality, HUC, latitude & longitude) - Waterbody they discharge into - Number of acres treated

9. Posted Sign or Notice • Near main entrance of construction activity • Copy of permit coverage letter with permit number • Internet address to view SWPPP or name and phone number of contact person for viewing time

10. SWPPP • Available to public - Only for new discharges without prior permit coverage - On internet or hardcopy - No less then once a month during normal business hours - Request of SWPPP my be charged for a copy - Information excluded from disclosure by law or not required by the permit not required to be released • ESC plan or agreement in lieu of plan

11. SWPPP • Water quality and quantity criteria - §4VAC50-60-1182 through §4VAC50-60-1190 • Impaired waters - Control measures protective of water quality standards • TMDL WLA - Strategies and control measures to ensure consistency with the assumptions and requirements

12. SWPPP • Inspection - Qualified personnel name and number - Conducted every seven days; or - Every 14 days and within 48 hours of runoff producing event • Inspection reports - Name of qualified personnel - Date, major observations, - Location of discharges of sediment and pollutants - Location(s) of control measure requiring maintenance - Locations(s) of failed control measures or inadequate - Corrective actions required - Weather information including rainfall amount

13. Maintenance • Control Measures • Maintained in effective operating condition • Maintenance performed as soon as practicable • Additional control implemented prior to next storm event • SWPPP • Changes in design, construction, or maintenance that effect the discharge of pollutants • Based on inspection, existing control measures are ineffective - Include additions or modifications to control measures - If approval by plan-approving authority is needed within seven of approval

14. Construction General Permit Additional Information • Notice of Appeal & Petition to Appeal • - Shenandoah Riverkeeper (Jeff Kelble) • - Potomac Riverkeeper • - Ralph Hendrickson • EPA final approval • www.dcr.virginia.gov/soil_&_water/vsmp.shtml • www.dcr.virginia.gov/lawregs.htm

15. Possible Future Changes • Virginia Stormwater Regulations Technical Criteria • EPA Effluent limit guidelines (EFG) • Chesapeake Bay TMDL