HomeMy WebLinkAbout53177 ALR10BFJ4 089 10-04-2019 NOI ENOI NA
October 4, 2019
DON MILLER
MANAGING MEMBER
MT PROPERTIES, LLC
1271 BECKET DRIVE SE
HUNTSVILLE AL 35801
RE: Winchester Rd Subdivision
Madison County (089)
Dear Mr. Miller:
Based on your request, coverage under General NPDES Permit Number ALR10BFJ4 is
granted. The effective date of coverage is September 26, 2019.
Coverage under this permit does not authorize the discharge of any pollutant or wastewater that is
not specifically identified in the permit and by the Notice of Intent.
You are responsible for compliance with all provisions of the permit including, but not limited to,
the performance of required inspections and/or monitoring, and the preparation and
implementation of a Construction Best Management Practices Plan (CBMPP) required by the
permit.
The Alabama Department of Environmental Management encourages you to exercise pollution
prevention practices and alternatives at your facility. Pollution prevention will assist you in
complying with permit requirements.
A copy of the General NPDES Permit under which coverage of your discharges has been granted
is enclosed. If you have any questions concerning this permit, please contact Colleen Cook by
email at colleen.cook@adem.alabama.gov or by phone at (334) 271-7762.
Sincerely,
Jeffery W. Kitchens, Chief
Water Division
JWK/cfc
Enclosure: Permit
File: NOI/
NATIONAL POLLUTANT
DISCHARGE ELIMINATION
SYSTEM PERMIT
GENERAL PERMIT
DISCHARGE AUTHORIZED: DISCHARGES FROM CONSTRUCTION ACTIVITIES THAT RESULT IN A TOTAL
LAND DISTURBANCE OF ONE ACRE OR GREATER AND SITES LESS THAN ONE
ACRE BUT ARE PART OF A COMMON PLAN OF DEVELOPMENT OR SALE
AREA OF COVERAGE: THE STATE OF ALABAMA
PERMIT NUMBER: ALR10BFJ4
RECEIVING WATERS: ALL WATERS OF THE STATE OF ALABAMA
In accordance with and subject to the provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251-1378
(the "FWPCA"), the Alabama Water Pollution Control Act, as amended, Code of Alabama 1975, §§ 22-22-1 to 22-22-14 (the
"AWPCA"), the Alabama Environmental Management Act, as amended, Code of Alabama 1975, §§22-22A-1 to 22-22A-15, and
rules and regulations adopted thereunder, and subject further to the terms and conditions set forth in this permit, the Permittee is
hereby authorized to discharge into the above-named receiving waters.
ISSUANCE DATE: March 29, 2016
EFFECTIVE DATE: April 1, 2016
EXPIRATION DATE: March 31, 2021
Alabama Department of Environmental Management
Table of Contents
PART I Part I Coverage Under This General Permit ................................................................................................................ 3
A. Permit Coverage .................................................................................................................................................................... 3
B. Eligibility ............................................................................................................................................................................... 3
C. Prohibited Discharges ........................................................................................................................................................... 4
PART II Notice of Intent (NOI) Requirements ....................................................................................................................... 5
A. Deadlines for Notices of Intent .............................................................................................................................................. 5
B. Continuation of the Expired General Permit ......................................................................................................................... 5
C. Contents of the Notice of Intent (NOI) ................................................................................................................................... 5
D. Submittal of Documents ......................................................................................................................................................... 6
E. Additional Permittees Under a Single NOI ............................................................................................................................ 6
F. Authorization to Discharge .................................................................................................................................................... 6
PART III Stormwater Pollution Prevention Requirements ..................................................................................................... 8
A. Erosion Controls and Sediment Controls .............................................................................................................................. 8
B. Provide Natural Buffers or Equivalent Sediment Controls .................................................................................................... 9
C. Soil Stabilization .................................................................................................................................................................. 10
D. Pollution Prevention Measures ........................................................................................................................................... 10
E. Construction Best Management Practices Plan (CBMPP).................................................................................................. 11
F. Spill Prevention, Control, and Management ....................................................................................................................... 13
G. Training ............................................................................................................................................................................... 13
H. Inspection Requirements ...................................................................................................................................................... 13
I. Corrective Action ................................................................................................................................................................. 15
J. Suspension of Monitoring .................................................................................................................................................... 16
K. Precipitation Measurement .................................................................................................................................................. 16
L. Impaired Waters and Total Maximum Daily Load (TMDL) Waters .................................................................................... 16
PART IV Standard and General Permit Conditions ............................................................................................................. 18
A. Duty to Comply .................................................................................................................................................................... 18
B. Duty to Reapply ................................................................................................................................................................... 18
C. Need to Halt or Reduce Activity Not a Defense ................................................................................................................... 18
D. Duty to Mitigate ................................................................................................................................................................... 18
E. Proper Operation and Maintenance .................................................................................................................................... 18
F. Permit Modification, Revocation and Reissuance, Suspension, and Termination ............................................................... 19
G. Property Rights .................................................................................................................................................................... 19
H. Duty to Provide Information ................................................................................................................................................ 19
I. Inspection and Entry ............................................................................................................................................................ 20
J. Noncompliance Notification ................................................................................................................................................ 20
K. Retention of Records ............................................................................................................................................................ 20
L. Signatory Requirements ....................................................................................................................................................... 21
M. Transfers .............................................................................................................................................................................. 21
N. Bypass .................................................................................................................................................................................. 21
O. Upset .................................................................................................................................................................................... 21
P. Severability .......................................................................................................................................................................... 21
Q. Issuance of an Individual Permit ......................................................................................................................................... 22
R. Request for Individual Permit by General Permit Holder ................................................................................................... 22
S. Termination of Coverage ..................................................................................................................................................... 22
T. Facility Identification .......................................................................................................................................................... 22
U. Schedule of Compliance....................................................................................................................................................... 23
V. Discharge of Wastewater Generated by Others .................................................................................................................. 23
W. Compliance with Water Quality Standards and Other Provisions ...................................................................................... 23
X. Civil and Criminal Liability ................................................................................................................................................. 23
Y. Oil and Hazardous Substance Liability ............................................................................................................................... 24
Z. Availability of Reports ......................................................................................................................................................... 24
AA. Coastal Zone Management (Mobile and Baldwin Counties) ............................................................................................... 24
BB. Removed Substances ............................................................................................................................................................ 24
CC. Compliance with Statutes and Rules .................................................................................................................................... 24
PART V Definitions ...................................................................................................................................................................... 25
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PART I Part I Coverage Under This General Permit
A. Permit Coverage
This permit authorizes, subject to the conditions of this permit, discharges associated with construction activity
that will result in land disturbance equal to or greater than one (1) acre or from construction activities involving
less than one (1) acre and which are part of a common plan of development or sale equal to or greater than one (1)
acre occurring on or before, and continuing after the effective date of this permit, except for discharges identified
under Part I.C. of the permit. Coverage under this permit is not required for discharges associated with minor land
disturbing activities (such as home gardens or individual home landscaping, repairs, maintenance work, fences and
other related activities which result in minor soil erosion), animal feeding operation (AFO) or concentrated animal
feeding operation (CAFO) construction activity that has been granted NPDES registration coverage pursuant to
Chapter 335-6-7, normal agricultural practices and silvicultural operations as defined in Part V.
B. Eligibility
1. Allowable Stormwater Discharges
This permit authorizes the following stormwater discharges:
(a) Stormwater associated with construction activities defined in Part I.A. of this permit;
(b) The following stormwater discharges have been determined by the Director to require coverage under this
permit:
(i) Sites, irrespective of size, whose stormwater discharges have a reasonable potential to be a
significant contributor of pollutants to a water of the state, as determined by the Department;
(ii) Sites, irrespective of size, whose stormwater discharges have a reasonable potential to cause or
contribute to a violation of an applicable Alabama water quality standard as determined by the
Department.
(c) Discharges from support activities (e.g., equipment staging yards, material storage areas, excavated
material disposal areas, borrow areas) provided:
(i) The support activity is solely related to the construction site covered under this permit;
(ii) The support activity is not a commercial operation serving multiple unrelated construction projects
by different operators, and does not operate beyond the completion of the construction activity at the
last construction project it supports; and
(iii) Pollutant discharges from support activity areas are minimized to the maximum extent practicable
and do not pose a reasonable potential to exceed applicable water quality standards.
2. Allowable Non-Stormwater Discharges
This permit authorizes the following non-stormwater discharges provided the non-stormwater component of the
discharge is in compliance with Part III.D.
(a) Discharges from fire-fighting activities;
(b) Fire hydrant flushings;
(c) Water used to wash vehicles where detergents are not used;
(d) Water used to control dust;
(e) Potable water including uncontaminated water line flushings not associated with hydrostatic testing;
(f) Routine external building wash down associated with construction that does not use detergents;
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(g) Pavement wash waters 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. The operator is prohibited from
directing pavement wash waters directly into any surface water, storm drain inlet, or stormwater
conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective
control;
(h) Uncontaminated air conditioning or compressor condensate associated with temporary office trailers and
other similar buildings;
(i) Uncontaminated ground water or spring water;
(j) Foundation or footing drains where flows are not contaminated with process materials such as solvents;
(k) Landscape irrigation;
C. Prohibited Discharges
The following discharges associated with construction are not authorized by this permit:
1. Stormwater discharges that are mixed with sources of non-stormwater unless such stormwater discharges are:
(a) In compliance with a separate NPDES permit, or
(b) Determined by the Department not to be a contributor of pollutants to waters of the State.
2. Stormwater discharges currently covered under another NPDES permit;
3. Wastewater from washout of concrete, unless managed by an appropriate control. (Wastewater from Concrete
Batch Plants are prohibited unless such discharges are authorized by and in compliance with a separate
NPDES permit);
4. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other
construction materials;
5. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
6. Soaps or solvents used in vehicle and equipment washing;
7. Discharges from dewatering activities, including discharges of ground water or accumulated stormwater from
dewatering of trenches, excavations, foundations, vaults, or other similar points of accumulation, unless
managed by appropriate controls;
8. Discharges to surface waters from sediment basins or impoundments, unless an outlet structure that withdraws
water from the surface, unless infeasible, is utilized;
9. Discharges where the turbidity of such discharge will cause or contribute to a substantial visible contrast with
the natural appearance of the receiving water;
10. Discharges where the turbidity of such discharge will cause or contribute to an increase in the turbidity of the
receiving water by more than 50 NTUs above background. For the purposes of determining compliance with
this limitation, background will be interpreted as the natural condition of the receiving water without the
influence of man-made or man-induced causes. Turbidity levels caused by natural runoff will be included in
establishing background levels;
11. Discharges of any pollutant into any water for which a total maximum daily load (TMDL) has been finalized
or approved by EPA unless the discharge is consistent with the TMDL; and
12. Discharges to waters listed on the most recently approved 303(d) list of impaired streams unless the discharge
will not cause or contribute to the listed impairment.
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PART II Notice of Intent (NOI) Requirements
A. Deadlines for Notices of Intent
Any person wishing to obtain coverage under this general permit shall submit an NOI in accordance with the
following schedule:
1. Any person wishing to be permitted to discharge under this general permit shall submit a complete NOI prior
to the initiation of construction activity.
2. Any Permittee authorized to discharge under the April 1, 2016 NPDES Construction General Permit, who
wishes to continue to discharge upon the expiration of that permit, shall submit a complete NOI to be covered
by this reissued General Permit. Such NOI shall be submitted at least 30 days prior to the expiration date of
the April 1, 2011 NPDES Construction General Permit.
3. Failure of the Permittee to submit a complete NOI for reauthorization under this permit at least 30 days prior
to the previous permit’s expiration will void the automatic continuation of the authorization to discharge
under that permit as provided by ADEM Admin. Code r. 335-6-6-.06. Should the permit not be reissued for
any reason prior to its expiration date, Permittees who failed to meet the 30-day submittal deadline will be
illegally discharging without a permit after the expiration date of the April 1, 2016 permit.
B. Continuation of the Expired General Permit
If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in
accordance with the ADEM Administrative Code Chapter 335-6-6 and remain in force and effect if the Permittee
submits an updated and complete NOI meeting the requirements of Part II.C. at least 30 days prior to the
expiration of this permit. Any Permittee who was granted permit coverage prior to the expiration date will
automatically remain covered by the continued permit until the earlier of:
1. Reissuance or replacement of this permit, at which time the Permittee must comply with the Notice of Intent
conditions of the new permit to maintain authorization to discharge; or
2. Issuance of an individual permit; or
3. A formal permit decision by the Department not to reissue this general permit, at which time the Permittee
must seek coverage under an alternative general permit or an individual permit.
C. Contents of the Notice of Intent (NOI)
1. The NOI shall include:
(a) A general description of the construction activity for which coverage is desired, which shall be in
sufficient detail to allow the Department to determine that the stormwater and non-stormwater discharges
are included in the authorized discharges category of this general permit.
(b) The latitude and longitude to the nearest second of the entrance to the construction site and each point of
discharge for which coverage under this general permit is desired. For the purposes of this requirement
the entrance to the construction site will be identified as the primary point of access by normal vehicle
traffic. For linear projects, the latitude and longitude to the nearest second should be provided for the
starting and ending point of the project boundaries.
(c) Identification of the waterbodies receiving discharges for which coverage under this general permit is
desired.
(d) The correct fee pursuant to ADEM Admin. Code R. 335-1.
(e) A portion or copy of a recent U.S. Geological Survey map showing the site location.
(f) A contact person, address and phone number for the site to be covered under the general permit.
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(g) For priority construction sites, as defined in Part V, the NOI must be accompanied by a copy of the
CBMPP prepared and certified by a QCP as required by Part III.C.
(h) The number of estimated disturbed acres and total site acreage
(i) The estimated start and completion dates of project.
2. The NOI shall be signed by a person meeting the requirements for signatories under ADEM Admin. Code r.
335-6-6-.09 and the person signing the NOI shall make the certification required for submission of
documents under ADEM Admin Code r. 335-6-6-.09.
3. The NOI shall be signed by a QCP and shall have the following certification statement: “I certify under
penalty of law that a comprehensive Construction Best Management Practices Plan (CBMPP) for the
prevention and minimization of all sources of pollution in stormwater and authorized related process
wastewater runoff has been prepared under my supervision for this site/activity, and associated regulated
areas/activities. The CBMPP meets the requirements of this permit and if properly implemented and
maintained by the operator, discharges of pollutants in stormwater runoff can reasonably be expected to be
effectively minimized to the maximum extent practicable according to the requirements of ADEM
Administrative Code Chapter r.335-6-6-.23 and this Permit. The CBMPP describes the erosion and sediment
control measures that must be fully implemented and regularly maintained as needed at the permitted site in
accordance with sound sediment and erosion control practices to ensure the protection of water quality.”
D. Submittal of Documents
The Permittee must complete and submit the NOI electronically, using the Department’s eNOI system, unless the
Permittee submits in writing valid justification as to why the electronic submittal process cannot be utilized and
the Department approves in writing the utilization of hard copy submittals. The eNOI system can be accessed at
the following link https://app.adem.alabama.gov/eNOI/Default.aspx. Permit requests for initial issuance and
modifications of the existing permit should all be submitted through the eNOI system.
All other documents required to be submitted to the Department by this general permit shall be delivered to the
following address:
Alabama Department of Environmental Management
Water Division
Stormwater Management Branch
Post Office Box 301463 (Zip Code: 36130-1463)
1400 Coliseum Boulevard (Zip Code: 36110-2059)
Montgomery, Alabama
E. Additional Permittees Under a Single NOI
Multiple operators conducting regulated land disturbances in a common plan of development may jointly submit
an NOI. An NOI covering multiple operators must include a site plan clearly describing each operator’s areas of
operational control.
F. Authorization to Discharge
1. Except as otherwise limited by Part II.F.2 or II.F.3, the operator is authorized to discharge in accordance with
the requirements of this permit upon the Department’s receipt of a complete and timely NOI which meets the
requirements of this permit and ADEM Admin. Code r. 335-6-6-.23.
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2. Coverage under this permit is conditionally granted, and the requirement to submit an NOI is suspended for
governmental agencies and utilities for construction activity associated with immediate and effective
emergency repairs and response to natural disasters, human health or environmental emergencies, or to
avert/avoid imminent, probable, or irreparable harm to the environment or severe property damage. The
operator or controlling/participating federal, State, or local government agencies/entities conducting
emergency construction activity shall document the emergency condition, ensure compliance with the
requirements of this permit to the extent possible, and shall notify the Department as promptly as possible
regarding the occurrence of the emergency construction disturbance and measures that have been
implemented and are being implemented to protect water quality. Unless the requirement to obtain a permit
pursuant to the requirements of this permit are suspended or voided by the Director on a categorical or
individual emergency basis, the operator shall submit the appropriate project information, NOI, and the
required application fee for construction or reconstruction activity after emergency repairs have been
accomplished, according to a schedule acceptable to the Department.
3. For priority construction sites, the operator is authorized to discharge thirty (30) days from the Department’s
receipt of a complete and technically adequate NOI and CBMPP meeting the requirements of Parts II.C. and
III.E, unless, within thirty (30) days from the Department’s receipt of the NOI, the Department notifies the
operator that additional time is needed to review the NOI and CBMPP. Where the operator receives such
notification from the Department, that operator may not discharge until the Department formally
acknowledges receipt of a complete and technically adequate NOI and CBMPP.
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PART III Stormwater Pollution Prevention Requirements
The stormwater control requirements in this Part are the technology-based, non-numeric effluent limitations and
conditions that apply to all discharges from construction projects eligible for coverage under this permit. These
requirements apply the national effluent limitations guidelines and new source performance standards found at 40
CFR Part 450.
Where the requirements in this Part are stricter than any corresponding Federal, State, or local requirements, the
requirements in this permit take precedence.
A. Erosion Controls and Sediment Controls
The Permittee shall design, install, and maintain effective erosion controls and sediment controls, appropriate for
site conditions to, at a minimum:
1. Minimize the amount of soil exposed during construction activity through the use of project phasing or other
appropriate techniques;
2. Provide and maintain a 25 foot natural riparian buffer around surface waters as discussed in detail in Part
III.B.;
3. Control stormwater volume and velocity within the site to minimize soil erosion;
4. Implement measures or requirements to achieve the pollutant reductions consistent with a TMDL finalized or
approved by EPA. Applicable TMDLs are located and/or can be accessed at
http://adem.alabama.gov/programs/water/approvedTMDLs.htm
5. Control stormwater discharges, including both peak flowrates and total stormwater volume, to minimize
channel and streambank erosion and scour in the immediate vicinity of discharge points;
6. Minimize the disturbance of steep slopes, as defined by Part V;
7. Minimize sediment discharges from the site;
8. Minimize the generation of dust through the appropriate application of water or other dust suppression
techniques;
9. Minimize all stream crossings;
10. Stabilize all construction entrances and exits; and minimize off-site tracking of sediment from vehicles;
11. Where applicable, install storm drain inlet protection measures to further prevent sediment discharges;
12. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration,
unless infeasible; and
13. Minimize soil compaction and, unless infeasible, preserve topsoil.
14. Additional Design Requirements
(a) Sediment control measures, erosion control measures, and other site management practices must be
properly selected based on site-specific conditions, must meet or exceed the technical standards outlined
in the Alabama Handbook and the site-specific CBMPP prepared in accordance with Part III.D.
(b) Unless specified otherwise by the Alabama Handbook, sediment control measures, erosion control
measures, and other site management practices shall be designed and maintained to minimize erosion and
maximize sediment removal resulting from a 2-year, 24-hour storm event.
(c) The Permittee is encouraged to design the site, the erosion prevention measures, sediment controls
measures, and other site management practices with consideration of minimizing stormwater runoff, both
9
during and following construction, including facilitating the use of low-impact development (LID) and
green infrastructure.
B. Provide Natural Riparian Buffers or Equivalent Sediment Controls
Natural riparian buffer requirements apply to all waters of the state adjacent to construction sites or contained
within their overall project boundary. A 25-foot natural riparian buffer zone adjacent to all waters of the state at
the construction site shall be preserved, to the maximum extent practicable, during construction activities at the
site. The natural riparian buffer should be preserved between the top of stream bank and the disturbed
construction area. The water quality buffer zone aids in the protection of waters of the state (e.g., perennial and
intermittent streams, rivers, lakes, wetlands) located within or immediately adjacent to the boundaries of the
project. Natural riparian buffers are not primary sediment control measures and should not be relied on as such.
The natural riparian buffer requirement only applies to new construction sites.
1. Compliance Alternatives
(a) Provide and maintain a 25-foot undisturbed natural riparian buffer; or
(i) If land disturbances are located 25 feet or further from surface water, then compliance with
this alternative has been achieved.
(ii) Rehabilitation and enhancement of a natural riparian buffer is allowed, if necessary, for
improvement of its effectiveness of protection of the waters of the state.
(iii) Any preexisting structures (e.g., buildings, parking lots, roadways, utility lines, structures,
impervious surfaces) are allowed in the natural riparian buffer; provided the Permittee
retains and protects from disturbance any additional natural buffer area contained within the
natural riparian buffer but outside the preexisting structures footprint.
(b) Provide and maintain an undisturbed natural riparian buffer that is less than 25 feet and is supplemented
by additional erosion and sediment controls, which in combination achieves the sediment load reduction
equivalent to a 25-foot undisturbed natural riparian buffer; or
(c) If it is infeasible to provide and maintain an undisturbed natural riparian buffer of any size, the Permittee
must implement erosion and sediment controls that achieve the sediment load reduction equivalent to a
25-foot undisturbed natural riparian buffer.
(d) All discharges from the area of earth disturbance to the natural riparian buffer must first be treated by the
site’s erosion and sediment controls, and use velocity dissipation devices if necessary to prevent erosion
caused by stormwater within the natural riparian buffer.
(e) All compliance alternatives must be documented in the CBMPP and comply with all requirements. The
natural riparian buffer boundary should be indicated on the site plan.
(f) Compliance alternatives must be maintained throughout the duration of permit coverage.
(g) All natural riparian buffer areas should be delineated, and clearly marked off with flags, tape, or similar
marking device.
2. Construction activities at sites that have been permitted prior to April 1, 2016, are exempt from the
requirements of this Part III.B. Confirmation of permit coverage prior to April 1, 2016, must be submitted
with the NOI.
3. If there is no discharge of stormwater to waters of the state through the areas between the construction site and
any waters of the state located within 25 feet of the construction site, compliance with this requirement is
achieved.
4. Where no natural riparian buffer exists due to preexisting development disturbances (e.g., buildings, parking
lots, roadways, utility lines, structures, impervious surfaces) that occurred prior to the initiation of planning
for the current development of the site, the Permittee is not required to comply with the requirements in this
section, unless portions of the preexisting development will be removed.
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5. Where some natural riparian buffer exists but portions of the area within 25 feet of the waters of the state are
occupied by preexisting development disturbances (e.g., buildings, parking lots, roadways, utility lines,
structures, and impervious surfaces), the Permittee is required to comply with the requirements in this section.
Only the portion of the buffer zone that contains the footprint of the existing “structure” is exempt from the
natural riparian buffer. Activities necessary to maintain uses are allowed provided that no additional
vegetation is removed from the natural riparian buffer.
6. For “linear construction projects”, the Permittee is not required to comply with the requirements in this
section if site constraints (e.g., limited right-of-way) prevent the Permittee from meeting any of the
compliance alternatives provided that, to the extent practicable, disturbances within 25 feet of the water of the
state are limited and/or supplemental erosion and sediment controls to treat stormwater discharges from earth
disturbances within 25 feet of the waters of the state are provided. It must be documented in the CBMPP as to
why compliance with this section is infeasible, and describe any buffer width retained and/or supplemental
erosion and sediment controls installed.
7. The following disturbances within 25 feet of a water of the state are exempt from the requirements in this
Part:
(a) Construction approved under a CWA Section 404 permit; or
(b) Construction of a water-dependent structure or water access area (e.g., pier, boat ramp, seawall, bridge,
drainage structure, trail, etc.)
C. Soil Stabilization
Final stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing,
grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site.
Temporary stabilization of disturbed areas must be initiated immediately whenever work toward project
completion and final stabilization of any portion of the site has temporarily ceased on any portion of the site and
will not resume for a period exceeding thirteen (13) calendar days.
D. Pollution Prevention Measures
The Permittee must design, install, implement, and maintain effective pollution prevention measures to minimize
the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented and
maintained to:
1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, concrete
washout, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that
provides equivalent or better treatment prior to discharge;
(a) Liquid waste shall not be directly discharged into storm sewers.
(b) Washout and cleanout activities should be located as far away as possible from surface waters, natural
buffer areas, stormwater inlets, and conveyances.
2. 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;
3. Minimize the discharge of pollutants from any spills and leaks from, including but not limited to vehicles;
mechanical equipment; chemical storage; and refueling activities; and
4. Use of polymers, flocculants, or other treatment chemicals at the site may only be applied where treated
stormwater is directed to a sediment control prior to discharge.
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E. Construction Best Management Practices Plan (CBMPP)
1. Except as provided by Part II.F.2, construction activity may not commence until a CBMPP has been prepared
in a format acceptable to the Department and certified by a QCP as adequate to meet the requirements of this
permit.
2. The NOI and CBMPP must be prepared in accordance with the requirements of this permit by the QCP prior
to commencing construction at a new construction site or prior to continued construction at an existing
construction site, or as otherwise required by the Director.
3. The Permittee shall properly implement and regularly maintain the controls, practices, devices, and measures
specified in the CBMPP.
4. The CBMPP shall include:
(a) A general description of the construction site activity, including:
(i) The function of the construction site activity (e.g. residential subdivision, shopping mall, highway,
etc.); and
(ii) Identification of all known operators of the construction site, and the areas of the site over which
each operator has control;
(b) A description of the intended sequence of major activities which disturb soils, including but not limited
to, grubbing, excavation, and/or grading;
(c) Estimates of the total area expected to be disturbed by grubbing, excavation, and/or grading, including
offsite borrow and fill areas (if areas are to be included in permit coverage);
(d) A detailed description (including but not limited to site specific dimensions, storage capacity, and
drainage calculations are required for engineered BMPs) of the erosion controls, sediment controls, and
management practices to be implemented at the site during each sequence of activity in accordance with
Part III.A;
(e) A clear outline and identification of the 25-foot natural riparian buffer for all sites that discharge directly
to waters of the state and where a water of the state lies within the boundaries of the project;
(f) A detailed description of controls needed to meet State water quality standards, waste load allocations or
other measures necessary for consistency with applicable TMDLs finalized or approved by EPA;
(g) A detailed description of BMPs needed to prevent or eliminate discharges of sediment and other
pollutants of concern from priority construction sites;
(h) A description of temporary and permanent stabilization practices, including a schedule and/or sequence
for implementation;
(i) A description of energy or flow velocity dissipation devices at discharge locations and along the length of
any outfall channel;
(j) Identification of all allowable sources of non-stormwater discharges listed in Part I.B.2, except for flows
from fire fighting activities that are or may be combined with stormwater discharges associated with
construction activity at the site;
(k) A description of the pollution prevention measures used to manage non-stormwater discharges;
(l) A description of the best management practices to be installed during site construction and operated and
maintained following final stabilization at sites where the post-construction volumes or velocities of
stormwater runoff are significantly different from conditions existing prior to the construction activity;
(m) A listing of all flocculants or chemical stabilization products to be used at the site, including Material
Safety Data Sheets (MSDS) and the dosage(s) to be used and the location(s) where these materials will be
used;
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(n) The most recent site topographic map (e.g.USGS quadrangle map) at an appropriate contour interval,
clearly showing:
(i) Sufficient detail to identify the location of the construction site;
(ii) Existing topography and drainage patterns and features, existing structures proposed roads, utilities,
ROWs, and waterbody(s);
(iii) Drainage patterns and approximate slopes anticipated after major grading activities;
(iv) The external and internal (if subdivided) property boundaries of the project;
(v) Areas to be disturbed by excavation, grading, or other activities;
(vi) Identification of sediment control measures, erosion control measures, planned stabilization
measures, and other site management practices;
(vii) Locations of all waters of the State within a 1 mile radius of the site
(viii) Locations of wetlands and riparian zones;
(ix) Locations of all points where stormwater leaves the property or after the last point of treatment;
(x) Locations of all points of discharges to waters of the State;
(o) A description of procedures for:
(i) Sweeping or removal of sediment and other debris that has been tracked from the site or deposited
from the site onto streets and other paved surfaces;
(ii) Removal of sediment or other pollutants that have accumulated in or near any sediment control
measures, stormwater conveyance channels, storm drain inlets, or water course conveyance within or
immediately outside of the construction site; and
(iii) Removal of accumulated sediment that has been trapped by sediment control measures at the site, in
accordance with applicable maintenance requirements covered under this permit; and .
(p) A description of the procedures for handling and disposing of wastes generated at the site, including, but
not limited to, clearing and demolition debris, sediment removed from the site, construction and domestic
waste, hazardous or toxic waste, and sanitary waste.
5. Maintain an Updated CBMPP
(a) The CBMPP shall be updated as necessary to address changes in the construction activity, site weather
patterns, new TMDLs finalized or approved by EPA, new 303(d) listings approved by EPA, or
manufacturer specifications for specific control technologies.
(b) The CBMPP shall be amended if inspections or investigations by site staff or by local, state, or federal
officials determine that the existing sediment control measures, erosion control measures, or other site
management practices are ineffective or do not meet the requirements of this permit. All necessary
modifications to the CBMPP shall be made within seven (7) calendar days following notification of the
inspection unless granted an extension of time by the Department.
(c) If existing sediment control measures, erosion control measures, or other site management practices prove
ineffective in protecting water quality or need to be modified; or if additional sediment control measures,
erosion control measures, or other site management practices are necessary to meet the requirements of
Part III.A. B. C. D. and E., implementation shall be completed before the next storm event whenever
practicable. If implementation before the next storm event is impracticable, then new land disturbance
activities must cease until the modified or additional controls can be implemented.
(d) A copy of the CBMPP shall be maintained at the site during normal operating hours as defined by Part V
of this permit when regulated land disturbing activities are occurring.
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F. Spill Prevention, Control, and Management
The Permittee shall prepare, implement, and maintain a Spill Prevention, Control and Countermeasures (SPCC)
Plan in accordance with 40 CFR Part 112 and ADEM Admin Code r.335-6-6-.12(r) for all applicable onsite
petroleum storage tanks. The Permittee shall also prepare, implement, and maintain a SPCC Plan in accordance
with ADEM Admin Code r.335-6-6-.12(r) for any stored pollutant(s) that may, if spilled, be reasonably expected
to enter a water of the state or the collection system for a publicly or privately owned treatment works. The
SPCC Plan(s) shall be maintained as a separate document or as part of the CBMPP Plan required in Part III.D.
above. The Permittee shall implement appropriate structural and/or non-structural spill prevention, control, and/or
management sufficient to prevent any spills of pollutants from entering a water of the state or a publicly or
privately owned treatment works. The plan(s) must be consistent with the requirements of 40 CFR Part 112 and/or
ADEM Admin Code r.335-6-6-.12(r). Any containment system used to implement this requirement shall be
constructed of materials compatible with the substance(s) contained and of materials which shall prevent the
contamination of groundwater and shall be capable of retaining 110 percent of the volume of the largest container
of pollutants for which the containment system is provided. The Permittee shall maintain onsite or have readily
available sufficient oil & grease absorbing material and aflotation booms to contain and clean-up fuel or chemical
spills and leaks. Soil contaminated by paint or chemical spills, oil spills, etc. must be immediately cleaned up,
remediated, or be removed and disposed of in a Department approved manner.
G. Training
Unless the Permittee has employed or contracted with a QCP that performs duties as required by this permit, and
the QCP is readily available and able to be present onsite as often as is necessary to ensure full compliance with
the requirements of this permit, the Permittee shall ensure that:
1. At least one onsite employee shall be certified as a Qualified Credentialed Inspector (QCI) by completing an
initial training and annual refreshers through an ADEM-approved Qualified Credentialed Inspector Program
(QCIP) conducted by a cooperating training entity.
2. The QCIP must be approved by the Department prior to use and provide training in the following areas:
(a) The applicable requirements of the Alabama NPDES rules;
(b) The requirements of this permit;
(c) The evaluation of construction sites to ensure that QCP designed and certified erosion controls and
sediment controls detailed in a CBMPP are effectively implemented and maintained;
(d) The evaluation of conveyance structures, receiving waters and adjacent impacted offsite areas to ensure
the protection of water quality and compliance with the requirements of this permit; and
(e) The general operation of a turbidity meter or similar device intended for the measurement of turbidity.
3. Each individual holding a QCI Certification need not be on-site continuously and they may conduct site
inspections at multiple sites permitted by them or their employer.
4. Each individual holding QCI certification shall obtain annual certification of satisfactory completion of formal
refresher education or training regarding general erosion controls and sediment controls, the requirements of
this permit, and the general operation of a turbidity meter or similar device intended for the measurement of
turbidity. The refresher training requirements, including but not limited to, appropriate curricula, course
content, course length, and any participant testing, shall be subject to acceptance by the Director prior to use.
H. Inspection Requirements
1. Pre-Construction Observations
(a) A pre-construction site inspection shall be conducted prior the placement of any BMPs, or the
commencement of land disturbing activities.
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(b) Pre-construction inspection shall consist of a complete and comprehensive inspection of the entire
proposed construction site including all proposed areas of land disturbance, proposed areas used for
storage of materials that may be exposed to precipitation, affected ditches, and other stormwater
conveyances, as well as all proposed outfalls, receiving waters and stream banks to determine if there are
pre-existing areas of concern.
(c) Pre-construction inspections shall be conducted by the QCP a qualified person under the direct
supervision of a QCP;
(d) The inspection shall be documented and made available to the Department upon request;
(e) Pre-construction inspection shall include dated electronic photographic documentation of all areas
described in paragraph (b) above;
(f) The Permittee shall maintain record of the pre-construction site inspection pursuant to Part IV.K.
2. Daily Observations
(a) Each day there is activity at the site, the Permittee shall visually observe that portion of the construction
project where active disturbance, work, or construction occurred to note any rainfall measurements
occurring since the previous observation, and any apparent BMP deficiencies in the area of active
disturbance.
(b) Such daily observations may be performed by appropriate site personnel.
(c) The Permittee shall maintain a log of all daily observations and record in such log any rainfall
measurements and BMP deficiencies observed.
3. Site Inspections
(a) A site inspection shall consist of a complete and comprehensive observation of the entire construction site
including all areas of land disturbance, areas used for storage of materials that are exposed to
precipitation, equipment storage and maintenance areas, affected ditches and other stormwater
conveyances, as well as all outfalls, receiving waters and stream banks to determine if, and ensure that:
(i) Effective erosion controls and sediment controls have been fully implemented and maintained in
accordance with this permit, the site CBMPP, and the Alabama Handbook;
(ii) Pollutant discharges are being prevented/minimized and
(iii) Discharges do result in a contravention of applicable State water quality standards for the receiving
stream(s) or other waters impacted or affected by the Permittee.
(b) Site inspections shall be performed by a QCI, QCP, or a qualified person under the direct supervision of a
QCP.
(c) For non-linear projects, a site inspection shall be performed once each month and after any qualifying
precipitation event, commencing as promptly as possible, but no later than 24-hours after resuming or
continuing active construction or disturbance, and completed no later than 72-hours following the
qualifying precipitation event;
(d) For linear projects where active construction or areas where perennial vegetation has not been fully
established, meeting the definition of final stabilization, a site inspection shall be performed at least once
a month and after any qualifying precipitation event since the last inspection, beginning as promptly as
possible, but no later than 24-hours after resuming or continuing active construction or disturbance and
completed no later than five (5) days after the qualifying precipitation event;
(e) A site inspection shall also be performed as often as is necessary until any poorly functioning erosion
controls or sediment controls, non-compliant discharges, or any other deficiencies observed during a prior
inspection are corrected and documented as being in compliance with the requirements of this permit.
(f) On all active disturbance, dredging, excavation, or construction undertaken or located within the banks of
a waterbody, including but not limited to, equipment/vehicle crossings, pipelines, or other transmission
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line installation, conveyor structure installation, and waterbody relocation, streambank stabilization, or
other alterations, a site inspection shall be performed at least once a week and as often as is necessary
until the disturbance/activity impacting the waterbody is complete and reclamation or effective
stormwater quality remediation is achieved.
(g) The inspection shall be recorded in a written format acceptable to the Department. The inspection record
shall include:
(i) The site name and location, discharge point number, date, time and exact place of any sampling
performed;
(ii) The name(s) of person(s) who performed the inspection and/or obtained any samples or
measurements taken;
(iii) The dates and times of the inspection and any samples or measurements taken;
(iv) A description of any sampling and analytical techniques or methods used, including source of
method and method number;
(v) The results of any analyses performed;
(vi) Weather conditions at the time of the inspection;
(vii) Description of any discharges of sediment or other pollutants from the site;
(viii) Locations of discharges of sediment or other pollutants from the site;
(ix) Locations of BMPs that need to be maintained;
(x) Locations of BMPs that failed to operate as designed;
(xi) Locations where BMPs required by the CBMPP are not installed or installed in a manner inconsistent
with the CBMPP; and
(xii) Locations where additional BMPs are needed that did not exist at the time of the inspection. This
requirement is applicable only to site inspections performed by a QCP or qualified persons under the
direct supervision of a QCP.
(h) Results of all required inspections shall be available for inspection no later than 15 days following the
date of the inspections, monitoring or sampling.
(i) Reports shall be legible and bear an original signature or in the case of electronic reports, an electronic
signature.
4. CBMPP Evaluations
(a) The QCP shall perform an onsite evaluation of all erosion and sediment controls being implemented for
adequacy and consistency with site conditions.
(b) The CBMPP evaluation shall be performed as often as necessary until poorly functioning or damaged
erosion controls or sediment controls are corrected, and, at a minimum, once every six months.
(c) If, based on the CBMPP evaluation, the QCP identifies any needed modifications or additions to erosion
and sediment controls, the CBMPP shall be updated in accordance with Part III.E.4.
(d) The Permittee shall maintain appropriate documentation of the CBMPP evaluation.
I. Corrective Action
1. Any poorly functioning erosion controls or sediment controls, non-compliant discharges, or any other
deficiencies observed during the inspections required under Part III.G.2 shall be corrected as soon as
possible, but not to exceed five (5) days of the inspection unless prevented by unsafe weather conditions.
If unsafe weather conditions are present, they should be documented.
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2. In the event of a breach of a sediment basin/pond temporary containment measures shall be taken within
24 hours after the inspection. Permanent corrective measures shall be implemented within five (5) days of
the inspection; however, if permanent corrective measures cannot be implemented within the timeframes
provided herein the Permittee shall contact the Department; and
3. The operator shall promptly take all reasonable steps to remove, to the maximum extent practical,
pollutants deposited offsite or in any waterbody or stormwater conveyance structure.
J. Suspension of Monitoring
Suspension of applicable monitoring and inspection requirements for phased projects or developments may be
granted provided:
1. The Department is notified in writing at least thirty days prior to the requested suspension;
2. The Permittee and the QCP certify in the request that all disturbance has been graded, stabilized, and/or
fully vegetated or otherwise permanently covered, and that appropriate, effective steps have been and will
be taken by the Permittee to ensure compliance with the requirements of this permit and commit that
these measures will remain continually effective until the permit is properly terminated;
3. The request should be accompanied by a construction stormwater inspection report confirming permanent
stabilization of all previously disturbed areas, including material storage areas, and associated support
activities. In addition, photo documentation may be submitted for confirmation purposes; and
4. The Permittee notifies the Department in writing within 15 days prior to resumption of disturbance or
commencement of the next phase of development and the Permittee complies with the requirements of
this Permit prior to commencement of additional disturbance.
K. Precipitation Measurement
The Permittee shall measure and record all precipitation occurring at the construction site (including rainfall and
snowfall). Precipitation measurements shall be taken using continuous recorders, daily readings of an onsite rain
gauge, daily readings of an offsite precipitation gauge located adjacent to or in close proximity (for non-linear
projects a maximum 1 mile distance) to the facility, or by other measurement devices acceptable to the Department
(e.g. online resources). Precipitation measurements must be representative of the Permittee’s site.
L. Impaired Waters and Total Maximum Daily Load (TMDL) Waters
1. The Permittee must determine whether the discharge from any part of the construction site contributes directly
or indirectly to a waterbody that is included on the latest §303(d) list or designated by the Department as
impaired;
2. If the Permittee’s construction site discharges to a waterbody included on the latest §303(d) or designated by
the Department as impaired, it must demonstrate the discharges, as controlled by the Permittee, do not cause
or contribute to the impairment. The CBMPP must detail the BMPs that are being utilized to control
discharges of pollutants associated with the impairment. If existing BMPs are not sufficient to achieve this
demonstration, the Permittee must, within sixty (60) days following the publication of the latest final §303(d)
list, Department designation, or the effective date of this permit, submit a revised CBMPP detailing new or
modified BMPs. The CBMPP must be revised as directed by the Department and the new or modified BMPs
must be implemented within ninety (90) days from the publication of the latest final §303(d) list or
Department designation.
3. Permittees discharging from construction sites into waters with EPA-Approved TMDLs and/or EPA-
Established TMDLs
(a) The Permittee must determine whether its construction site discharges to a waterbody for which a total
maximum daily load (TMDL) has been established or approved by EPA. If a construction site discharges
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into a water body with an EPA approved or established TMDL, then the CBMPP must include BMPs
targeted to meet the assumptions and requirements of the TMDL. If additional BMPs will be necessary to
meet the requirements of the TMDL, the CBMPP must include a schedule for installation and/or
implementation of such BMPs.
(b) If, during this permit cycle, a TMDL is approved by EPA or a TMDL is established by EPA for any
waterbody into which a construction site discharges, the Permittee must review the applicable TMDL to
see if it includes requirements for control of storm water discharges from the construction site.
(i) If it is found that the Permittee must implement specific allocations of the TMDL, it must assess
whether the assumptions and requirements of the TMDL are being met through implementation of
existing BMPs or if additional BMPs are necessary. The CBMPP must include BMPs targeted to
meet the assumptions and requirements of the TMDL. If existing BMPs are not sufficient, the
Permittee must, within sixty (6o) days following the approval or establishment of the TMDL by EPA,
submit a revised CBMPP detailing new or modified BMPs to be utilized along with a schedule of
installation and/or implementation of such BMPs. Any new or modified BMPs must be implemented
within ninety (90) days, unless an alternate date is approved by the Department, from the
establishment or approval of the TMDL by EPA.
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PART IV Standard and General Permit Conditions
A. Duty to Comply
1. The Permittee must comply with all terms and conditions of this permit. Any permit noncompliance
constitutes a violation of the AWPCA and the FWPCA and is grounds for: enforcement action, termination, or
suspension of coverage under this permit; denial of a NOI for renewal; a requirement that the Permittee
submit an application for an individual NPDES permit.
2. For any violation(s) of this Permit, the Permittee may be subject to a civil penalty as authorized by the
AWPCA, the FWPCA, and Code of Alabama 1975, §§22-22A-1 et. seq., as amended, and/or a criminal
penalty as authorized by Code of Alabama 1975, §22-22-1 et. seq., as amended.
3. The discharge of a pollutant from a source not specifically identified in the NOI to be covered under this
Permit and not specifically included in the description of an outfall (where applicable) in this permit is not
authorized and shall constitute noncompliance with this permit.
4. Nothing in this Permit shall be construed to preclude or negate the Permittee’s responsibility or liability to
apply for, obtain, or comply with other ADEM, federal, state, or local government permits, certifications,
licenses, or other approvals.
B. Duty to Reapply
1. The Permittee authorized to discharge under this General Permit, who wishes to continue to discharge upon
the expiration of this permit, shall submit a NOI to be covered by the reissued General Permit. Such NOI
shall be submitted at least 30 days prior to the expiration date of this General Permit.
2. Failure of the Permittee to submit a complete NOI for reauthorization under this permit at least 30 days prior
to the permit’s expiration will void the automatic continuation of the authorization to discharge under this
permit as provided by ADEM Admin. Code r. 335-6-6-.06. Should the permit not be reissued for any reason
prior to its expiration date, Permittees who failed to meet the 30-day submittal deadline will be illegally
discharging without a permit after the expiration date of the permit.
C. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for the Permittee in an enforcement action that it would have been necessary to halt or
reduce construction activities in order to maintain compliance with the conditions of the permit.
D. Duty to Mitigate
The Permittee shall take all reasonable steps to mitigate or prevent any violation of the permit or to minimize or
prevent any adverse impact of any permit violation.
E. Proper Operation and Maintenance
The Permittee 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 Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process controls, including appropriate quality
assurance procedures. This provision requires the operation of backup or auxiliary facilities only when necessary
to achieve compliance with the conditions of this permit.
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F. Permit Modification, Revocation and Reissuance, Suspension, and Termination
1. During the term of this General Permit the Director may, for cause, and subject to the public notice procedure
of ADEM Administrative Code r. 335-6-6-21, modify or revoke and reissue this General Permit. The causes
for this action include the causes listed below:
(a) When the Director receives any information that was not available at the time of permit issuance and that
would have justified the application of different permit conditions at the time of issuance;
(b) When the standards or regulations on which the permit was based have been changed by promulgation of
amended standards or regulations or by judicial decision after the permit was issued;
(c) Upon failure of the state to notify, as required by Section 402(b)(3) of the FWPCA, another state whose
waters may be affected by a discharge;
(d) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which
can be achieved by the technology based treatment requirements appropriate to the discharge under 40
CFR 125.3(c)(1994);
(e) To correct technical mistakes, such as errors in calculations, or mistaken interpretations of the law made
in determining permit conditions;
(f) When the permit limitations are found not to be protective of water quality standards; or
(g) For any applicable cause set forth in 40 CFR Sections 122.61, 122.62, 122.63, and 122.64 (1994).
2. Subject to the public notice procedures of rule 335-6-.6-21, the Director may terminate this General Permit
during its term for any of the causes for modification listed in ADEM Admin Code r. 335-6-6-.23(7)(a).
3. The Director may terminate coverage of a discharge under this general permit for cause. Cause shall include
but not be limited to noncompliance with Department rules; or a finding that the general permit does not
control with wastewater discharge sufficiently to protect water quality or comply with treatment based limits
applicable to the discharge.
4. Any person may petition the Director for withdrawal of this General Permit authority from a discharger. The
Director shall consider the information submitted by the petitioner and any other information he may be aware
of and may obtain additional information from the discharger and through inspections by Department staff
and shall decide if coverage should be withdrawn. The petitioner shall be informed of the Director’s decision
and shall be provided a summary of the information considered.
G. Property Rights
This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor
does it authorize any injury to persons or property or invasion of other private rights, or any infringement of
federal, state, or local laws or regulations, nor does it authorize or approve the construction of any physical
structures or facilities or the undertaking of any work in any waters of the state or of the United States.
H. Duty to Provide Information
1. The Permittee shall furnish to the Director, within a reasonable time, any information which the Director may
request to determine whether cause exists for modifying, revoking and re-issuing, suspending, or terminating
this permit or to determine compliance with this Permit. The Permittee shall also furnish to the Director upon
request, copies of records required to be kept by this Permit.
2. The Permittee shall inform the Director in writing of any change in the Permittee’s mailing address or
telephone number or in the Permittee’s designation of a facility contact or officer having the authority and
responsibility to prevent and abate violations of the AWPCA, the Department’s rules and the terms and
conditions of this permit no later than ten (10) days after such change. Upon request of the Director, the
Permittee shall furnish an update of any information provided in the NOI.
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3. If the Permittee becomes aware that it failed to submit any relevant facts in the NOI; or submitted incorrect
information in the NOI; or in any report to the Director, it shall promptly submit such facts or information
with a written explanation for the mistake and/or omission.
I. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and
other documents as may be required by law to:
1. Enter upon the Permittee’s premises where a regulated activity is located or conducted, or where records must
be kept under the conditions of this Permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
Permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this Permit; and
4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the AWPCA, any activities, substances or parameters at any location.
J. Noncompliance Notification
1. The Permittee must notify the Department if, for any reason, the Permittee's discharge:
(a) Potentially threatens human health or welfare;
(b) Threatens fish or aquatic life;
(c) Causes an in-stream water quality criterion as stated in ADEM. Admin. Code Ch. 335-6-10 to be
exceeded;
(d) Does not comply with an applicable toxic pollutant effluent standard or prohibition established under
Section 307(a) of the FWPCA, 33 U.S.C. §1317(a); or
(e) Contains a quantity of a hazardous substance which has been determined may be harmful to the public
health or welfare under Section 311(b)(4) of the FWPCA, 33 U.S.C. §1321(b)(4).
The Permittee shall orally report the occurrences, describing the circumstances and potential effects of such
discharge to the Director no later than 24-hours after the Permittee becomes aware of the occurrence of such
discharge. In addition to the oral report, the Permittee shall submit to the Director a written report as provided in
Part IV.J.2 below, no later than five (5) days after becoming aware of the occurrence of such discharge.
2. The written report shall be in a format acceptable to the Department and shall include:
(a) A description of the noncompliant event, its cause, if known, and location;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the
noncompliance is expected to continue; and
(c) A description of the steps taken and/or being taken to reduce or eliminate the noncomplying discharge
and to prevent its recurrence.
K. Retention of Records
1. The Permittee shall retain records of all inspection records, monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by the permit, and records of all data used to complete such reports, for a period
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of at least three (3) years from the date of the inspection, sample measurement, or report. This period may be
extended by request of the Director at any time. If litigation or other enforcement action, under the AWPCA
and/or the FWPCA, is ongoing which involves any of these records, the records shall be kept until the
litigation is resolved.
2. All records required to be kept for a period of three (3) years shall be kept at the permitted facility or an
alternate location identified to the Department in writing and shall be available for inspection upon request.
L. Signatory Requirements
The NOI and all reports or information submitted to the Director shall be signed and certified according to the
requirement of ADEM Admin Code r. 335-6-6-.09. Where required by this Permit, documents will also be signed
by a QCP or QCI.
M. Transfers
This Permit may not be transferred without notice to the Director and subsequent modification or revocation and
reissuance of this Permit. In the case of a change in name, ownership or control of the Permittee’s premises, a
request for permit modification in a format acceptable to the Director is required within 15 days of the change
occurring.
N. Bypass
Any bypass of erosion controls, sediment controls, or any other stormwater management/treatment controls
specified in the CBMPP is prohibited except as provided by ADEM Admin Code r. 335-6-6-.12(m).
O. Upset
1. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit limitation if the requirements of subparagraph 335-6-6-.12(n)2. are met.
2. Conditions Necessary for Demonstration of an Upset. A Permittee who wishes to establish the affirmative
defense of an upset shall demonstrate through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(a) An upset occurred and that the Permittee can identify the specific cause(s) of the upset;
(b) The treatment facility was at the time being properly operated;
(c) The Permittee submitted notice of the upset as required in subparagraph 335-6-6-.12(l)6.; and
(d) The Permittee complied with any remedial measures required under paragraph 335-6-6-.12(d).
3. Burden of Proof. In any enforcement proceeding the Permittee seeking to establish the occurrence of an upset
has the burden of proof.
P. Severability
The provisions of this permit are severable, and if any provision of this permit or the application of any provision
of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the
remainder of this permit shall not be affected thereby.
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Q. Issuance of an Individual Permit
The Director may require the Permittee to obtain an individual permit for discharges covered by this permit in
accordance with ADEM Admin. Code r. 335-6-6-.23(9).
R. Request for Individual Permit by General Permit Holder
1. Any person covered by this General Permit may apply for termination of coverage by applying for an
individual NPDES permit.
2. A permit application submitted voluntarily or at the direction of the Director for the purpose of termination of
coverage by this General Permit shall be processed in accordance with the rules found in ADEM Admin.
Code ch. 335-6-6 applicable to individual permits.
S. Termination of Coverage
The Director may suspend or terminate coverage under this permit for cause without the consent of the Permittee.
Cause shall include, but not be limited to noncompliance with this permit or the applicable requirements of
Department rules, or a finding that this permit does not control the stormwater discharge sufficiently to protect
water quality.
1. Notice of Termination
The Permittee must submit a Notice of Termination (NOT) in a format acceptable to the Department within
thirty (30) days of one of the following conditions:
(a) Final stabilization as defined in Part V has been achieved on all portions of the site;
(b) Another operator has assumed control over all areas of the site that have not achieved final stabilization
and the new operator has submitted an NOI for coverage under this permit; or
(c) Coverage under an individual permit or alternative general permit has been obtained.
2. Content of the Notice of Termination
The NOT shall include:
(a) The Permittee name, permit number, and location of the site; and
(b) Certification by the Permittee and the QCP that all construction activity covered by this permit has been
completed and final stabilization has been achieved; or
(c) Identification, including complete contact information, of the person that has assumed legal or operational
control over the construction site.
(i) Loss of operational control does not relieve the operator from liability and responsibility for
compliance with the provisions of this permit until the complete and correct request for termination
is received by the Department.
(ii) Sale or transfer of operational responsibility for the site by the operator prior to the succeeding
operator obtaining permit coverage required by this chapter, does not relieve the operator from the
responsibility to comply with the requirements of this permit
T. Facility Identification
The Permittee shall post and maintain sign(s) at the front gate/entrance, and if utility installation, where project
crosses paved county, State, or federal highways/roads, and/or at other easily accessible location(s) to adequately
identify the site prior to commencement of and during NPDES construction until permit coverage is properly
terminated. Such sign shall display the name of the Permittee, “ADEM NPDES ALR10” followed by the four digit
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NPDES permit number, facility or project name, and other descriptive information deemed appropriate by the
Permittee.
U. Schedule of Compliance
The Permittee shall achieve compliance with the requirements of this permit on the effective date of coverage
under this permit.
V. Discharge of Wastewater Generated by Others
The discharge of wastewater generated by any process, facility, or by any other means not under the operational
control of the Permittee or not identified in the application for this permit or not identified specifically in the
description of an outfall in this permit is not authorized by this permit except as allowed by Part I.
W. Compliance with Water Quality Standards and Other Provisions
1. On the basis of the Permittee's application, plans, or other available information, the Department has
determined that compliance with the terms and conditions of this Permit will assure compliance with
applicable water quality standards. However, this Permit does not relieve the Permittee from compliance with
applicable State water quality standards established in ADEM Admin. Code ch. 335-6-10, and does not
preclude the Department from taking action as appropriate to address the potential for contravention of
applicable State water quality standards which could result from discharges of pollutants from the permitted
facility.
2. Compliance with Permit terms and conditions notwithstanding, if the Permittee's discharge(s) cause(s) or
contribute(s) to a condition in contravention of State water quality standards, the Department may require
abatement action to be taken by the Permittee, modify the Permit pursuant to the Department's rules and
regulations, or both.
3. If the Department determines, on the basis of any investigation, inspection, or sampling, that a modification of
this Permit is necessary to assure maintenance of water quality standards or compliance with other provisions
of the AWPCA or FWPCA, the Department may require such modification and, in cases of emergency, the
Director may prohibit the noticed act until the Permit has been modified.
X. Civil and Criminal Liability
1. Tampering: Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device
or method required to be maintained or performed under this Permit shall, upon conviction, be subject to
penalties and/or imprisonment as provided by the AWPCA and/or the AEMA.
2. False Statements: Any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this Permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished as provided by
applicable State and Federal law.
3. Permit Enforcement: This NPDES Permit is a Permit for the purpose of the AWPCA, the AEMA, and the
FWPCA, and as such all terms, conditions, or limitations of this Permit are enforceable under State and
Federal law.
4. Relief From Liability: Except as provided in Part IV.M. (Bypass) and Part IV.N. (Upset), nothing in this
Permit shall be construed to relieve the Permittee of civil or criminal liability under the AWPCA, AEMA, or
FWPCA for noncompliance with any term or condition of this Permit.
24
Y. Oil and Hazardous Substance Liability
Nothing in this Permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under Section 311
of the FWPCA, 33 U.S.C. §1321.
Z. Availability of Reports
Except for data determined to be confidential under Code of Alabama 1975, §22-22-9(c), all reports prepared and
submitted in accordance with the terms of this Permit shall be available for public inspection at the offices of the
Department or the Department’s electronic filing system (eFile) at http://app.adem.alabama.gov/eFile/. Effluent
data shall not be considered confidential. Knowingly making any false statement in any such report may result in
the imposition of criminal penalties as provided for in Section 309 of the FWPCA, 33 U.S.C. §1319, and Code of
Alabama 1975, §22-22-14.
AA. Coastal Zone Management (Mobile and Baldwin Counties)
1. Except for those activities described in Part IV.AA.2 below, this permit is conditionally consistent with the
Alabama Coastal Area Management Plan (ACAMP) upon continued compliance with the ACAMP.
2. The Permittee shall obtain, as appropriate, a coastal permit or coastal consistency determination from the
Department if any activity conducts a use as described in ADEM Admin. Code r. 335-8-1-.08, 335-8-1-.09,
335-8-1-.10 or 335-8-1-.11.
BB. Removed Substances
Solids, sludges, or any other pollutants or other wastes removed in the course of treatment or control of stormwater
shall be disposed of in a manner that complies with all applicable Department rules and regulations.
CC. Compliance with Statutes and Rules
1. This permit has been issued under ADEM Admin. Code ch. 335-6-6. All provisions of this chapter, that are
applicable to this permit, are hereby made a part of this permit. A copy of this chapter can be found on the
ADEM website at:
2. http://www.adem.state.al.us/alEnviroRegLaws/files/Division6Vol1.pdf.
3. This permit does not authorize the noncompliance with or violation of any Laws of the State of Alabama or
the United States of America or any regulations or rules implementing such laws. FWPCA, 33 U.S.C. Section
1319, and Code of Alabama 1975, Section 22-22-14.
25
PART V Definitions
2-year, 24-hour storm event means the maximum 24-hour precipitation event with a probable recurrence interval of once in
two years as defined by the National Weather Service and Technical Paper No. 40, "Rainfall Frequency Atlas of the U.S.," May
1961, or equivalent regional or rainfall probability information developed there from.
AEMA means the Alabama Environmental Management Act, Code of Alabama 1975, §§ 22-22A-1, et seq.
Alabama Handbook means the September 2014 edition of the Alabama Handbook for Erosion Control, Sediment Control, And
Stormwater Management On Constructions Sites And Urban Areas, Alabama Soil and Water Conservation Committee
(ASWCC) published at the time permit coverage is obtained.
ADEM means the Alabama Department of Environmental Management.
AWPCA means the Alabama Water Pollution Control Act.
Best Management Practices or BMPs means implementation and continued maintenance of appropriate structural and non-
structural practices and management strategies to prevent and minimize the introduction of pollutants to stormwater and to treat
stormwater to remove pollutants prior to discharge.
Borrow Area “Pit” means the activity of removing material (soil, gravel, sand) from one area to use in another area. For the
purposes of this permit, this activity is solely in conjunction with the project requesting permit coverage and not to be sold for
profit. The borrow area and associated activity will open and close with the project requesting permit coverage.
Chronic and Catastrophic Precipitation means precipitation events which may result in failure of the properly designed,
located, implemented, and maintained BMPs or other structure/practices required by this chapter. Catastrophic precipitation
conditions means any single event of significant total volume, or of increased intensity and shortened duration, that exceeds
normally expected or predicted precipitation over the time period that the disturbance is planned or is ongoing, as determined
by the Department. Catastrophic conditions could also include tornadoes, hurricanes, or other climatic conditions which could
cause failure due to winds or mechanical damage. Chronic precipitation is also that series of wet-weather conditions over a
limited time-period which does not provide any opportunity for emergency maintenance, reinstallation, and corrective actions
and which equals or exceeds the volume of normally expected or predicted precipitation for the time period that the disturbance
is planned or is ongoing.
Common Plan of Development or Sale means any announcement or piece of documentation (e.g., sign, public notice, or
hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation
(e.g., boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.
Construction means any land disturbance or discharges of pollutants associated with, or the result of building, excavation, land
clearing, grubbing, placement of fill, grading, blasting, reclamation, areas in which construction materials are stored in
association with a land disturbance or handled above ground, and other associated areas including, but not limited to,
construction site vehicle parking, equipment or supply storage areas, material stockpiles, temporary office areas, and access
roads. Construction also means significant pre-construction land disturbance activities performed in support or in advance of
construction activity including, but not limited to, land clearing, excavation, removal of existing buildings, dewatering and
geological testing.
Construction Activity means the disturbance of soils associated with clearing, grading, excavating, filling of land, or other
similar activities which may result in soil erosion. Construction activity does not include agricultural and silvicultural
practices, but does include agricultural buildings.
Construction Best Management Practices Plan (CBMPP) means any research, planning considerations, systems, procedures,
processes, activities, and practices implemented for the prevention and/or minimization of pollutants in stormwater to the
maximum extent practicable, and collection, storage, treatment, handling, transport, distribution, land application, or disposal
of construction stormwater and onsite management of construction waste generated by the construction activity, and to comply
with the requirements of this permit. The CBMPP shall be prepared and certified, and when necessary updated by a qualified
credentialed professional (QCP) in accordance with the requirements of this permit.
Construction Site means any site regardless of size where construction or construction associated activity has commenced, or
is continuing, and associated areas, including sites where active work is suspended or has ceased, until the activity is completed
and effective reclamation and/or stormwater quality remediation has been achieved.
Construction Waste means construction and land disturbance generated materials, including but not limited to, waste
chemicals, sediment, trash, debris, litter, garbage, construction demolition debris, land clearing and logging slash or other
materials or pollutants located or buried at the site prior to disturbance activity or that is generated at a construction site.
26
Control Measure refers to any Best Management Practice or other method used to prevent or reduce the discharge of pollutants
to waters of the State.
CWA or The Act means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water
Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and
Pub. L. 97-117, 33 U.S.C. 1251 et.seq.
Department means the Alabama Department of Environmental Management or an authorized representative.
Director means the Director of the Department or his designee.
Discharge, "[t]he addition, introduction, leaking, spilling or emitting of any sewage, industrial waste, pollutant or other waste
into waters of the state." Code of Alabama 1975, §22-22-1(b)(8).
EPA refers to the U.S. Environmental Protection Agency.
Ephemeral Stream means a stream or portion of a stream which flows briefly in direct response to precipitation in the
immediate vicinity, and whose channel is at all times above the ground-water reservoir.
Final Stabilization means the application and establishment of the permanent ground cover (vegetative, pavements of erosion
resistant hard or soft material or impervious structures) planned for the site to permanently eliminate soil erosion to the
maximum extent practicable. Established vegetation will be considered final if 100% of the soil surface is uniformly covered
in permanent vegetation with a density of 85% or greater. Permanent vegetation shall consist of; planted trees, shrubs,
perennial vines; an agricultural or a perennial crop of vegetation appropriate for the region. Final stabilization applies to each
phase of construction.
FWPCA means the Federal Water Pollution Control Act
Intermittent Stream means a stream where portions flow continuously only at certain times of the year. At low flow there may
be dry segments alternating with flowing segments.
Green Infrastructure refers to systems and practices that use or mimic natural processes to infiltrate, evapotranspirate (the
return of water to the atmosphere either through evaporation or by plants), or reuse storm water or runoff on the site where it is
generated.
Linear Project means land disturbing activities conducted by an underground /overhead utility or highway department,
including, but not limited to any cable line or wire for the transmission of electrical energy; any conveyance pipeline for
transportation of gaseous or liquid substance; any cable line or wire for utility communications; or any other energy resource
transmission ROW or utility infrastructure, e.g., roads and highways. Activities include the construction and installation of
these utilities within a corridor. Linear project activities also include the construction of access roads, staging areas, and
borrow/spoil sites associated with the linear project.
Low Impact Development or LID is an approach to the maintenance of predevelopment hydrology in land development (or re-
development) that works with nature to manage storm water as close to its source as possible. LID employs principles such as
preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing
site drainage that treat storm water as a resource rather than a waste product.
Maximum extent practicable (MEP) means full implementation and regular maintenance of available industry standard
technology and effective management practices, such as those contained in the Alabama Handbook and site-specific CBMPP,
designed to prevent and/or minimize discharges of pollutants and ensure protection of groundwater and surface water quality.
Minor Land Disturbing Activities means activities which will result in minor soil erosion such as home gardens or individual
home landscaping, repairs, maintenance work, fences, routine maintenance and other related activities.
National Pollutant Discharge Elimination System “NPDES” means the national program for issuing, modifying, revoking,
and reissuing, terminating, monitoring, and enforcing permits for the discharge of pollutants into waters of the state.
Natural Buffer (Riparian buffer) means a strip of dense undisturbed perennial native vegetation, either original or re-
established, that borders streams and rivers, ponds and lakes, and wetlands. Buffer zones are established for the purposes of
slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving
the upland area and reaching surface waters. Buffer zones are most effective when stormwater runoff is flowing into and
through the buffer zone as shallow sheet flow, rather than in concentrated from such as in channels, gullies, or wet weather
conveyances.
Nephelometric Turbidity Unit or NTU means a numerical unit of measure based upon photometric analytical techniques for
measuring the light scattered by fine particles of a substance in suspension.
27
New Construction Site means any initial construction or construction activity covered under this General Permit where the
disturbance begins after the effective date of this permit. This includes subsequent phases of a previously permitted
development.
Non-stormwater Discharges means discharges that do not originate from storm events. They can include, but are not limited
to, discharges of process water, air conditioner condensate, non-contact cooling water, vehicle wash water, sanitary wastes,
concrete washout water, paint wash water, irrigation water, or pipe testing water.
Normal Operating Hours means from 6:00 a.m. to 6:00 p.m, Monday through Friday, excluding federal holidays established
pursuant to 5 U.S.C. § 6103. Normal operating hours also include any time when workers are present or when construction
activity is occurring, regardless of the particular day or time of day.
NOI means Notice of Intent.
Operator means any person or other entity, that owns, operates, directs, conducts, controls, authorizes, approves, determines, or
otherwise has responsibility for, or exerts financial control over the commencement, continuation, or daily operation of activity
regulated by this permit. An operator includes any person who treats and discharges stormwater or in the absence of treatment,
the person who generates and/or discharges stormwater, or pollutants. An operator may include but may not be limited to,
property owners, agents, general partners, LLP partners, LLC members, leaseholders, developers, builders, contractors, or other
responsible or controlling entities.
Outfall means the location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or
construction site discharging into the receiving water.
Perennial Stream means a stream or portion of a stream that flows year-round, is considered a permanent stream, and for
which baseflow is maintained by ground-water discharge to the streambed due to the ground-water elevation adjacent to the
stream typically being higher than the elevation of the streambed.
Permittee means a person to whom a permit has been issued.
Plan or Sale as included in the phrase “larger common plan of development or sale” is broadly defined to mean any
announcement or documentation, sales program, permit application, presentation, zoning request, physical demarcation,
surveying marks, etc., associated with or indicating construction activities may occur in an area.
Pollutant of concern refers to sediment, turbidity, and any other pollutant known or reasonably expected to be found in
untreated discharges associated with the construction site.
Post-construction refers to any phase of construction where final stabilization has been achieved, and all but minor
construction activities have been completed. The term post-construction is not affected by the final operational status of the
site or whether the site has been placed into operation according to its final intended use.
Priority construction site means any site that discharges to a waterbody which is listed on the most recently EPA approved
303(d) list of impaired waters for turbidity, siltation, or sedimentation, any waterbody for which a TMDL has been finalized or
approved by EPA for turbidity, siltation, or sedimentation, any waterbody assigned the Outstanding Alabama Water use
classification in accordance with ADEM Admin. Code r. 335-6-10-.09, and any waterbody assigned a special designation in
accordance with ADEM Admin. Code r. 335-6-10-.10.
Qualified Credentialed Inspector or QCI means a permittee, permittee employee, or permittee designated qualified person
who has successfully completed initial training and annual refresher Qualified Credentialed Inspection Program (QCIP)
training, and holds a valid certification from a Department approved cooperating training entity.
Qualified Credentialed Inspector Program or QCIP means a Department approved program conducted by a cooperating
training entity. Approved programs provide training in the requirements of the Alabama NPDES rules and regulations to
ensure that QCP designed and certified BMPs detailed in a BMP Plan are effectively implemented and maintained, and
evaluation of conveyance structures, receiving waters and adjacent impacted offsite areas to ensure the protection of water
quality and compliance with the requirements of this Permit.
Qualified Credentialed Professional or QCP means a licensed professional engineer (PE), or a Certified Professional in
Erosion and Sediment Control (CPESC) as determined by EnviroCert International. Other registered or certified professionals
such as a registered landscape architect, licensed land surveyor, registered geologist, registered forester, Registered
Environmental Manager as determined by the National Registry of Environmental Professionals (NREP), or Certified
Professional and Soil Scientist (CPSS) as determined by ARCPACS. The QCP shall be in good standing with the authority
granting the registration or designation. The design and implementation of certain structural BMPs may involve the practice of
engineering and require the certification of a professional engineer pursuant to Alabama law.
A qualified person under the direct supervision of a QCP refers to an individual who is an employee of the QCP or the QCP’s
firm, and is familiar with current industry standards for erosion and sediment controls and able to inspect and assure that
28
BMPs or other pollution control devices (silt fences, erosion control fabric, rock check devices, etc.) and erosion control efforts
(grading, mulching, seeding, growth management, etc.) or management strategies have been properly implemented and
regularly maintained. Such individual may not certify the CBMPP or modifications to the CBMPP.
Qualifying precipitation event refers to any precipitation of 0.75 inches or greater in any 24-hour period.
Receiving Stream means the “waters” receiving a “discharge” from a construction site.
Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which 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.
Silvicultural Operations:
Non-point source Silvicutural activities means activities such as nursery operations, site preparation, reforestations, and
subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or
road construction and maintenance from which there is natural runoff.
Point source Silvicultural activities means any discernable, confined and discrete conveyance related to rock crushing, gravel
washing, log sorting, or log storage facilities which are operated in conjunction with silvicultural activities and from which
pollutants are discharged into waters of the State. Silvicultural point sources, excluding mining operations regulated pursuant
to ADEM Administrative Code rule 335-6-9; 40 CFR Part 122.27 (1994).
Site means the land or water area where any facility or activity for which coverage under this permit is required is physically
located or conducted, including adjacent land use in connection with the facility or activity.
State water quality standards refer to numeric and narrative standards set forth at ADEM Admin Code chaps. 335-6-10 and
335-6-11.
Stormwater means runoff, accumulated precipitation, process water, and other wastewater generated directly or indirectly as a
result of construction activity, the operation of a construction material management site, including but not limited to,
precipitation, upgradient or offsite water that cannot be diverted away from the site, and wash down water associated with
normal construction activities. Stormwater does not mean discharges authorized by the Department via other permits or
regulations.
Steep Slope means a slope of 15% or greater.
Surface water means a water of the State of Alabama as defined in ADEM Admin. Code R. 335-6-10-.02.
Temporary Stabilization means the application and establishment of temporary ground cover (vegetative, pavements of erosion
resistant hard or soft materials or impervious structures) for the purpose of temporarily reducing raindrop impact and sheet
erosion in areas where Final Stabilization cannot be established due to project phasing, seasonal limitations or other project
related restrictions.
Total Maximum Daily Load or TMDL means the calculated maximum permissible pollutant loading to a waterbody at which
water quality standards can be maintained; The sum of wasteload allocations (WLAs) and load allocations (LAs) for any given
pollutant.
Treatment facility and treatment system means all structures which contain, convey, and as necessary, chemically or
physically treat stormwater. This includes all pipes, channels, ponds, tanks, and all other equipment serving such structures.
TSS means the pollutant parameter Total Suspended Solids
24-hour precipitation event means that amount of precipitation which occurs within any 24-hour period.
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based
permit effluent limitations because of factors beyond the reasonable control of the Permittee. 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. For purposes of this definition, Chronic and
Catastrophic Precipitation constitutes an exceptional incident.
Waters of the state means "[a]ll waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly
or partially within the State, natural or artificial. This does not include waters which are entirely confined and retained
completely upon the property of a single individual, partnership, or corporation unless such waters are used in interstate
commerce." Code of Alabama 1975, §22-22-1(b)(2). "Waters" include all "navigable waters" as defined in §502(7) of the
FWPCA, 33 U.S.C. §1362(7), which are within the State of Alabama.
Week means the period beginning at twelve midnight Saturday and ending at twelve midnight the following Saturday.
ADEM Form 24 XX/16 m1 Page 1
NOTICE OF INTENT – GENERAL PERMIT NUMBER ALR100000
NPDES PERMIT NUMBER ALR100000 IS A GENERAL PERMIT AUTHORIZING DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITIES THAT RESULT IN A TOTAL LAND DISTURBANCE OF ONE ACRE OR GREATER AND
SITES LESS THAN ONE ACRE BUT ARE PART OF A LARGER COMMON PLAN OF DEVELOPMENT OR SALE
Mail to: Alabama Department of Environmental Management
Water Division
Stormwater Management Branch
Post Office Box 301463
Montgomery, Alabama 36130-1463
PLEASE COMPLETE ALL QUESTIONS. INCOMPLETE OR INCORRECT ANSWERS, OR MISSING SIGNATURES WILL DELAY
PROCESSING. IF SPACE IS INSUFFICIENT, CONTINUE ON AN ATTACHED SHEET(S) AS NECESSARY. ATTACH CBMPP AND
OTHER INFORMATION AS NEEDED. PLEASE TYPE OR PRINT LEGIBLY IN INK.
I. PERMITTEE INFORMATION Initial: Modification: Transfer: Renewal: Previous ALR10 _____________________
Permittee Name (Legal Name) Responsible Official Phone Number
Responsible Owner/Operator or Official, and Title Responsible Official E-Mail Address
Responsible Official (RO) Street/Physical Address City, State, and Zip Code
Responsible Official (RO) Mailing Address City, State, and Zip Code
Corporation Individual Sole Proprietorship Partnership LLC LLP Government Agency Other _______________
II.FACILITY INFORMATION
Facility/Site Name Facility Contact and Title
Facility Street Address or Location Description Facility Contact Company Name
City Zip Code County(s) Facility Contact Phone Number
Facility Front Gate Latitude and Longitude (For linear projects, please
include coordinates for both the beginning and ending points of the
project.)
Facility Contact e-Mail Address:
Detailed Directions to the Site
III. ACTIVITY DESCRIPTION
Brief Description of Construction / Land disturbance activity(s):
(For Modifications Only) Brief description of the action/change that has resulted in the request for permit modification:
Primary SIC Code: Primary NAICS Code:
IV. PROPOSED SCHEDULE
Anticipated Activity schedule: Commencement date: Completion date:
Area of the Registered site: Total site area in acres: Total disturbed area in acres:
End:Start:
23
11/01/2021
Winchester Rd Subdivision
Huntsville, AL 35801
MT Properties, LLC.
New Market 35761 Madison
Donwaynemiller@gmail.com
1521
From I565 E continue on Hwy 72, L on Moores Mill Rd, R on Winchester Rd, site is 8.4 miles on R
256-348-3079
34.8824446141, -86.4443189317
Don Miller, Managing Member
E side of Winchester Rd, approx. 1/4 mi N of Oscar Patterson Rd
1271 Becket Drive SE
, Donwaynemiller@gmail.com
53
Residential subdivision construction, clearing, excavation, fill and reclamation of disturbed areas with asphalt and vegetation
Huntsville, AL 35801 1271 Becket Drive SE
X
MT Properties, LLC
11/01/2019
X
Don Miller, Owner
236115
2563483079
ADEM Form 24 XX/16 m1 Page 2
VII. RECEIVING WATERS
Are there any surface waters within 25 feet of your project’s earth disturbances? YES NO
List name of receiving water(s), latitude & longitude (decimal or deg, min, sec) of location(s) that run-off enters the receiving water, and the waterbody
classification. Please refer to ADEM Admin. Code 335-6-11 for a detailed list of water use classifications. (Attach a separate list if necessary)
Receiving Water Latitude Longitude Waterbody Classification
X
-86.443731
F&W
UT to Mountain Fork
UT to Mountain Fork
UT to Mountain Fork
-86.442489 F&W
F&W34.878406
34.878453
34.880394 -86.446067
ADEM Form 24 XX/16 m1 Page 3
V. PRIORITY CONSTRUCTION SITE
Is this a Priority Construction Site as defined by Part V of the construction stormwater general permit? Yes No If yes, attach/submit a copy
of the CBMPP that meets or exceeds the requirements of Parts III A. and E. of the construction stormwater general permit.
VI. TOPOGRAPHIC MAP SUBMITTAL
Please attach a recent 7.5 minute series USGS topographic map(s) no larger than 11 by 17 inches (several pages may be necessary), showing the location of
the Facility including site boundaries, area of disturbance, a 1 mile radius, perennial, intermittent, and ephemeral streams, lakes/springs/wells/wetlands
and contour lines. The map should also show the point(s) at which stormwater runoff will exit (outfall) the facility and the point(s) where stormwater
runoff from the site will enter the receiving water.
VIII. GENERAL INFORMATION
Will flocculants or other chemical stabilization products be used on site? Yes No
IX. QUALIFIED CREDENTIALED PROFESSIONAL (QCP) CERTIFICATION
“I certify under penalty of law that a comprehensive Construction Best Management Practices Plan (CBMPP) for the prevention and minimization of all
sources of pollution in stormwater and authorized related process wastewater runoff has been prepared under my supervision for this site/activity, and
associated regulated areas/activities. The CBMPP meets the requirements of this permit and if properly implemented and maintained by the operator,
discharges of pollutants in stormwater runoff can reasonably be expected to be effectively minimized to the maximum extent practicable according to the
requirements of ADEM Administrative Code Chapter 335-6-6-.23 and this Permit. The CBMPP describes the erosion and sediment control measures
that must be fully implemented and regularly maintained as needed at the permitted site in accordance with sound sediment and erosion control practices
to ensure the protection of water quality.”
QCP Designation/Description:
Address Registration / Certification:
Name and Title (type or Print) Phone Number
Signature Date Signed
X. OPERATOR - RESPONSIBLE OFFICIAL SIGNATURE
Pursuant to ADEM Administrative Code Rule 335-6-6-.09, this NOI must be signed by a Responsible Official of the permittee who is the operator,
owner, the sole proprietor of a sole proprietorship, a general/controlling member or partner, a ranking elected official or other duly authorized
representative for a unit of government; or an executive officer of at least the level of vice-president for a corporation, having overall responsibility and
decision making for the site/activity. “I certify under penalty of law that this form, the CBMPP, and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on
my inquiry of the qualified credentialed professional (QCP) and other 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, correct, and complete. I am aware that
there are significant penalties for submitting false information including the possibility of fine or imprisonment for knowing violations. I certify that this
form has not been altered, and if copied or reproduced, is consistent in format and identical in content to the ADEM approved form. I further certify
that the proposed discharges described in this registration have been evaluated for the presence of any non-construction and/or coal/mineral mining
stormwater, or process wastewaters have been fully identified.”
Name and Title (type or Print) Official Title
Signature Date Signed
William T. Morell, President 256-867-4957
X
711 East Hobbs Street, Athens, AL 35611 21409
09/26/2019
Don Miller, Managing Member
Professional Engineer (PE)
Member of LLC
09/26/2019
X
Construction Best Management Practices Plan
for:
Winchester Rd Subdivision
Winchester Rd
New Market, AL 35761
Operator:
MT Properties, LLC
Don Miller
1271 Becket Drive SE
Huntsville, AL 35801
256-348-3079
Donwaynemiller@gmail.com
CBMPP Contact(s) / QCP:
Morell Engineering, Inc.
W. Taz Morell, P.E.
President
711 East Hobbs Street
Athens, AL 35611
(256) 867-4957
taz@morellengineering.com
CBMPP Preparation Date:
August 2019
REVISED: September 2019
Estimated Project Dates:
Project Start Date: November 2019
Project Completion Date: November 2021
i
Contents
Construction Best Management Practices Plan .......................................................................... 1
SECTION 1: SITE EVALUATION, ASSESSMENT, AND PLANNING .............................................................. 1
1.1 Project/Site Information ..................................................................................................... 1
1.2 Contact Information/Responsible Parties .......................................................................... 1
1.3 Nature and Sequence of Construction Activity .................................................................. 2
1.4 Soils, Slopes, Vegetation, and Current Drainage Patterns ............................................... 2
1.5 Pre- and Post- Construction Site Estimates ...................................................................... 3
1.6 Receiving Waters .............................................................................................................. 3
1.7 Potential Sources of Pollution ........................................................................................... 3
1.8 Maps ................................................................................................................................. 3 SECTION 2: EROSION AND SEDIMENT CONTROL BMPS .......................................................................... 4
SECTION 3: GOOD HOUSEKEEPING (GROUNDS KEEPING) BMPS .......................................................... 8
3.1 Material Handling and Waste Management ...................................................................... 8
3.2 Establish Proper Building Material Staging Areas ............................................................. 8
3.3 Designate Washout Areas ................................................................................................. 8
3.4 Establish Proper Equipment/Vehicle Fueling and Maintenance Practices ........................ 9
3.5 Control Equipment/Vehicle Washing ................................................................................. 9
3.6 Non-Stormwater Discharge Management ......................................................................... 9 SECTION 4: INSPECTIONS .......................................................................................................................... 10
SECTION 5: RECORD KEEPING .................................................................................................................. 11
5.1 Records ........................................................................................................................... 11 SECTION 6: POST CONSTRUCTION BMPS ................................................................................................ 11
6.1 Post Construction BMPs ................................................................................................. 11 SECTION 7: FINAL STABILIZATION ............................................................................................................. 11
SECTION 8: CERTIFICATION AND NOTIFICATION ..................................................................................... 13
Appendix A – General Location Map
Appendix B – Site Maps
Appendix C – Precipitation Log
Appendix D – Corrective Action Log
Appendix E – CBMPP Amendment Log
Appendix F – Grading and Stabilization Activities Log
Appendix G – BMP Specifications
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SECTION 1: SITE EVALUATION, ASSESSMENT, AND PLANNING
1.1 Project/Site Information
Project/Site Name: Winchester Rd Subdivision
Project Street/Location: Winchester Rd
City: New Market State: AL ZIP Code: 35761
County or Similar Subdivision: Limestone
Latitude/Longitude of the Project Site (front gate).
34.8824446141, -86.4443189317
Method for determining latitude/longitude:
USGS topographic map (specify scale): EPA Web site GPS
Other (please specify): Google Earth
1.2 Contact Information/Responsible Parties
Operator:
MT Properties, LLC
Don Miller
1271 Becket Drive SE
Huntsville, AL 35801
256-348-3079
Donwaynemiller@gmail.com
Project Manager(s) or Site Supervisor(s):
MT Properties, LLC
Don Miller
1271 Becket Drive SE
Huntsville, AL 35801
256-348-3079
Donwaynemiller@gmail.com
CBMPP Contact(s) / QCP:
Morell Engineering, Inc.
W. Taz Morell, P.E.
President
711 East Hobbs Street
Athens, AL 35611
(256) 867-4957
taz@morellengineering.com
X
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QCI or Qualified Person(s):
Morell Engineering
Collin Hays
711 East Hobbs Street
Athens, AL 35611
(256) 867-4957
This CBMPP was Prepared by:
Morell Engineering
Chelsea Adams, PE
711 East Hobbs Street
Athens, AL 35611
(256) 867-4957
Emergency 24-Hour Contact:
Don Miller
256-348-3079
Donwaynemiller@gmail.com
1.3 Nature and Sequence of Construction Activity
Describe the general scope of the work for the project, major phases of construction, etc:
Residential subdivision construction, clearing, excavation, fill and reclamation of disturbed
areas with asphalt and vegetation
Proposed Activity(ies) to be Conducted:
x Residential Commercial Industrial Road Construction Linear
Utility Other (please specify): Heavy Construction
Primary SIC Code: 1521
Primary NAICS Code: 236115
1.4 Soils, Slopes, Vegetation, and Current Drainage Patterns
Soil type(s): DbB2 – Decatur silty clay loam, 2 to 6 percent slopes, eroded
Ad – Abernathy-Emory silt loams, 0 to 2 percent slopes
Lo – Lobelville silt loam 0 to 3 percent slopes, occasionally flooded
Information Source(s):
U.S. Department of Agriculture Natural Resources Conservation Service Web Soil Survey
Slopes:
Existing Slopes range from approximately 0% to approximately 6%. The proposed construction
will not increase max slope on site.
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Drainage Patterns:
Currently, the majority of stormwater sheet flows to the south and west to an unnamed
tributary of Mountain Fork.
Vegetation:
Site vegetation currently consists primarily of open grass and trees.
1.5 Pre- and Post- Construction Site Estimates
The following are estimates of the construction site.
Total project area: 53 acres
Construction site area to be disturbed: 23 acres
1.6 Receiving Waters
Description of receiving waters:
There is an unnamed tributary of Mountain Fork that runs along the southern boundary of the
site. The perimeter lots will sheet flow through a minimum 25’ vegetative buffer to the stream, the
interior lots will drain to roadway inlets which will discharge to the stream to the south at 2
locations: 34°52'42.26"N, 86°26'37.43"W and 34°52'42.43"N, 86°26'32.96"W. The northernmost
lots will drain to roadway inlets which will discharge to a small onsite detention pond. The pond
will discharge to the roadway ditch and flow south before entering the UT of Mountain Fork at
34°52'49.42"N, 86°26'45.84"W.
Description of impaired waters or waters subject to TMDLs:
This is a PRIORITY CONSTRUCTION SITE. It is located in the Flint River Watershed.
1.7 Potential Sources of Pollution
Potential sources of sediment to stormwater runoff:
It is anticipated that a potential source of pollution associated with construction work at the site
would be sedimentation runoff from the site grading exercises. An erosion control plan has been
developed to control the erosion and sedimentation runoff during construction.
1.8 Maps
See appendices A and B for the USGS Location Map and construction drawings for the site.
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SECTION 2: EROSION AND SEDIMENT CONTROL BMPS
2.1 Minimize disturbed area
The entire site is about 53 acres in size. During development construction, approximately 23
acres will be disturbed. All down-slope sides of the site shall be surrounded by sediment barriers,
as shown on the erosion control plan. In the event that construction stops for thirteen (13) days
temporary stabilization shall be required. For mulching and seeding rates see section 2.4 and The
Alabama Handbook for Erosion Control, Sediment Control and Storm water management on
Construction Sites and Urban Areas, September 2014.
2.2 Phase Construction Activity
The following sequence of construction will occur:
Phase I: Clearing, Grading, Grubbing
- BMPs: Silt fence, wattle ditch checks, temporary seeding, mulch, construction
entrance/exit pad, rip-rap outlet protection, vegetative buffer, detention pond
Phase II: Utility Installation, Asphalt, Curb & Gutter
- BMPs: Silt fence, wattle ditch checks, temporary seeding, mulch, construction
entrance/exit pad, rip-rap outlet protection, wattle inlet protection, vegetative buffer,
detention ponds
Phase III: Home Construction
- BMPs: Silt fence, wattle ditch checks, wattle inlet protection, rip-rap outlet protection,
permanent seeding, sod, vegetative buffer, detention ponds
Phase IV: Final Stabilization
- Permanent seeding, sod, rip-rap, vegetative buffer, rip-rap outlet protection, detention
ponds
2.3 Control Stormwater flowing onto and through the project
Storm water from off-site sources does not flow onto project area from off-site sources.
Stormwater onsite will be treated by silt fence, wattles, wattle inlet protection, rip-rap, a vegetative
buffer, and detention ponds.
2.4 Stabilize Soils
Areas within the project site where construction activities have temporarily ceased for thirteen
(13) days will be stabilized through the use of temporary mulching and seeding. The Contractor
shall be responsible for controlling dust generation at the site through the use of water sprayed at
intervals deemed necessary. Mulching shall be tacked. Permanent seeding shall follow The
Alabama Handbook for Erosion Control, Sediment Control and Storm water management
on Construction Sites and Urban Areas, September 2014 specifications. Temporary and
permanent seeding shall use Bermuda grass at a rate of 10 pounds per acre during April 1st to
July 1st. Any temporary or permanent seeding after July 1st will use tall fescue at a rate of 50
pounds per acre during September 1st to November 1st, Inspect seeding weekly until a stand is
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Construction Best Management Practices Plan (CBMPP)
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established and thereafter at least monthly for stand survival and vigor. Also, inspect the site for
erosion. Eroded areas should be addressed appropriately by filling and/or smoothing, and
reapplication of lime, fertilizer, seed and mulch. A stand should be uniform and dense for best
results. Stand conditions, particularly the coverage, will determine the extent of remedial actions
such as seedbed preparation and reseeding. A qualified design professional should be consulted
to advise on remedial actions. Consider drill seeding when doing a remedial planting. All sod
should be kept moist until it is fully rooted. Mow to a height of 2" to 3" after sod is well-rooted,
frequently in 2 to 3 weeks. Do not remove more than 1/3 of the leaf blade in any mowing.
Permanent, fine turf areas require yearly fertilization. Fertilize warm-season grass in late spring to
early summer; fertilize cool-season grass in early fall and late winter. Fertilize at rates
recommended by a soil test. It is recommended to use 2 tons/acre of ground agricultural lime.
This project is in North Alabama according to the Geographical Areas for Species Adaptation
Figure in the above referenced guidance material. Reference Table PS-1 of The Alabama
Handbook for Erosion Control, Sediment Control and Storm water management on
Construction Sites and Urban Areas, September 2014 for commonly used plants for
permanent cover with seeding rates and dates of planting. Use Straw and Seed mulch at a rate of
two (2) tons/acre. Uniformly spread the mulch by hand or with a mulch blower at a rate which
provides about 75% ground cover. When spreading straw mulch by hand, divide the area to be
mulched into sections of approximately 1000 sq. ft. and place 70- 90 pounds of straw (1 1/2 to 2
bales) in each section to facilitate uniform distribution. Inspect all mulches periodically, and after
rainstorms to check for rill erosion, dislocation, or failure. Where erosion is observed, apply
additional mulch or if washout has occurred, repair the slope grade, reseed, and reinstall mulch.
Continue inspections until vegetation is firmly established. Grade and loosen the soil to a smooth
firm surface to enhance rooting of seedlings and reduce rill erosion. Break up large clods and
loosen compacted, hard or crusted soil surfaces with a disk, ripper, chisel, harrow or other tillage
equipment. Avoid preparing the seedbed under excessively wet conditions. Operate the
equipment on the contour. For broadcast seeding and drilling, tillage, as a minimum, should
adequately loosen the soil to a depth of at least 6", alleviate compaction, and smooth and firm the
soil for the proper placement of seed. For no-till drilling, the soil surface does not need to be
loosened unless the site has surface compaction. Incorporate lime and fertilizer to a depth of at
least 6" with a disk or rotary tiller on slopes of up to 3:1. On steeper slopes, lime and fertilizer may
be applied to the surface without incorporation. Lime and fertilizer may be applied through
hydroseeding equipment; however, fertilizer should not be added to the seed mixture during
hydroseeding. Lime may be added with the seed mixture. Final stabilization of disturbed areas
must, at a minimum, be initiated immediately whenever any clearing, grading, excavating or other
earth-disturbing activities have permanently ceased on any portion of the site.
Temporary stabilization of disturbed areas must be initiated immediately whenever work toward
project completion and final stabilization of any portion of the site has temporarily ceased on that
portion of the site and will not resume for a period exceeding thirteen (13) calendar days.
Permanent stabilization of disturbed areas must, at a minimum, be initiated immediately
whenever any clearing, grading, excavating, or any other earth disturbing activities have
permanently ceased on any portion of the site.
2.5 Stabilize Slopes
All ditch slopes shall be mulched and seeded or sodded as necessary, and outlets will have rip-
rap outlet protection. All mulched areas will be inspected periodically and after rainstorms for
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Construction Best Management Practices Plan (CBMPP)
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erosion and damage to the mulch. It will be repaired promptly and restored to original condition.
Inspections will continue until vegetation is well established. Sod shall be kept moist until fully
rooted. Rip-rap will also be inspected after heavy rains, if erosion has occurred or rocks have
been displaced, repairs will be made immediately.
2.6 Protect Storm Drain Inlets
Drainage inlets are located in the curb and gutter of the roadway. These inlets will have wattle
inlet protection in place for the duration of the project. Wattles will be inspected at least once a
week or after each significant rain event. Should the wattle tear, decompose or become
ineffective, it will be replaced promptly. Sediment will be removed with it reaches ½ the height of
the barrier.
2.7 Establish Perimeter Controls and Sediment Barriers
Silt fence is to be installed around the perimeter of the construction site, trapping sediment that is
generated on-site. Silt fence shall be type "B", with materials and installation as detailed in
(Appendix B). As a minimum, sediment that collects to a point 15 inches high or 1/2 the height of
the silt fence shall be immediately removed, and spread over and blended-in with on-site soils or
stockpiled with site spoil materials and disposed of in accordance with the Contractor's permits
and local governing regulations. Silt fence should be inspected weekly and after each significant
rain event. Silt fence should be replaced promptly if any collapse, tears, or decomposition occurs.
See Appendix B for additional specific silt fence details.
2.8 Retain Sediment On-Site
Sediment shall be retained on site with silt fence surrounding the outside of the construction area,
wattle check dams in the ditches, a detention pond, and vegetative buffer. Use ALDOT Type "B"
Silt Fence. Silt Fence and wattles will be inspected regularly, and sediment will be removed when
it reaches ½ the height of the barrier. A detention area will be located on the northwest corner of
the site, the drainage area is 8.66 acres and the storage capacity is 37,367 cf. A minimum 25-foot
vegetative buffer will be maintained along the potential wetland area and stream bank on the
southern boundary. See Appendix G for additional installation and maintenance details.
2.9 Establish Stabilized Construction Exits
Stabilized construction access pads shall be installed at the construction entrance (see erosion
control plans in Appendix B). They shall be maintained throughout construction to limit sediment
from leaving the site. Remove large chunks of mud or caked soil from construction exit pad daily
to minimize sediment buildup. Inspect stone pad and sediment disposal area weekly and after
storm events or heavy use. Reshape pad as needed for drainage and runoff control. Top-dress
with clean specified stone as needed to maintain effectiveness of the practice. Immediately
remove mud or sediment tracked or washed onto public road. Repair any broken road pavement
immediately. Remove unneeded exit pad materials from areas where permanent vegetation will
be established. Immediately after the establishment of construction entrances/exits, all perimeter
erosion devices and storm water management devices shall be installed prior to any other
construction.
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2.10 Removal of Sediment and Other Debris Deposited Off-
Site
Sediment and other debris that that has been tracked from the site or otherwise deposited from
the site onto streets or other paved surfaces shall be immediately removed and replaced back on-
site. Removal of sediment and debris shall be accomplished by means appropriate to the material
and its condition - hand or mechanized shoveling, hand sweeping, mechanized weeping/vacuum,
raking or a combination of the above, as necessary to restore all off-site surfaces to their
pre-deposition or better condition. Removed sediment shall be returned to the site, stockpiled with
site spoil materials and disposed of in accordance with the Contractor's earthwork permit and
local governing regulations. Other non-sediment debris that is removed shall be returned to the
site and placed in appropriate receptacles for disposal in accordance with the Contractor's
permits and local governing regulations.
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Construction Best Management Practices Plan (CBMPP)
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SECTION 3: GOOD HOUSEKEEPING (GROUNDS KEEPING) BMPS
3.1 Material Handling and Waste Management
The Contractor shall be responsible for all construction waste and materials handling.
The Contractor shall use reasonable care in the handling of fertilizers, pesticides, and other potential
soil contaminants to prevent the site soils from becoming contaminated with such materials by
spillage, runoff or other means. This includes but is not limited to the use of storage sheds, covered
bays, drop cloths, spill trays and/or other containment vessels.
In the event soils do become contaminated, the Contractor shall use means necessary to contain
and minimize the contamination as well as to prevent the contamination from spreading. The
Contractor shall remove all contaminated soils from the site using containers and vehicles suited for
the purpose, and shall dispose of the contaminated materials by legal means off-site at a landfill or
other facility legally permitted to accept such materials. The Contractor shall log any and all
contamination incidents in the Daily Observation Log and report to the QCP immediately any
contamination which cannot be readily contained and remediated.
Hazardous materials will not be stored onsite. In the event they do occur, the CBMPP will be
amended accordingly.
The contractor shall not discard un-empty containers, and shall dispose of unused materials and
empty material containers in accordance with manufacturers' recommendations as well as local,
state and federal law.
The Contractor shall deposit clearing and demolition debris, sediment to be removed from the site,
and construction/domestic ln covered containers suited for the purpose. The Contractor shall
promptly remove from the site and dispose all such materials by legal means at a landfill or other
facility legally permitted to accept such materials.
Sanitary waste shall be managed through the use of portable toilet systems. The Contractor will take
measures to ensure that such systems are located away from storm water conveyances or outfalls,
kept in proper working order and regularly serviced. Portable toilets shall be situated on level ground.
There shall be no on-site fuel storage allowed for this project.
3.2 Establish Proper Building Material Staging Areas
Construction materials will not be stored onsite.
3.3 Designate Washout Areas
Construction materials will not be stored onsite, there are no designated wash-out areas on this site.
No equipment or vehicles will be washed onsite.
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3.4 Establish Proper Equipment/Vehicle Fueling and
Maintenance Practices
Some fueling will be performed by offsite fueling companies who will be equipped with an
appropriate spill prevention kit to include absorption towels. No petroleum will be stored onsite.
3.5 Control Equipment/Vehicle Washing
As stated in item 3.3, there are no designated wash-out areas on this site.
3.6 Non-Stormwater Discharge Management
On this site, the only non-stormwater discharge will be water used for dust control, if necessary. The
discharge will be treated by in-place erosion control measures (from section 2) prior to leaving the
site.
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SECTION 4: INSPECTIONS
4.1 Inspection Schedule and Procedures:
A pre-construction site inspection shall be conducted prior the placement of any BMPs, or the
commencement of land disturbing activities. The pre-construction inspection shall consist of a
complete and comprehensive inspection of the entire proposed construction site including all
proposed areas of land disturbance, proposed areas used for storage of materials that may be
exposed to precipitation, affected ditches, and other stormwater conveyances, as well as all
proposed outfalls, receiving waters and stream banks to determine if there are pre-existing areas
of concern. The inspection shall be conducted by the QCP a qualified person under the direct
supervision of a QCP and shall include dated electronic photographic documentation of the site.
Regular, comprehensive site inspections must be conducted to ensure that effective construction
best management practices (CBMPs) are properly designed, implemented and consistently
maintained to prevent/minimize to the extent practicable discharges of pollutants in stormwater
runoff to provide for the protection of water quality. The inspections of the construction site must
be conducted by a qualified credentialed professional or a person under the direct supervision of a
qualified credentialed professional, at the direction of the permitted as often as necessary to
determine if, and ensure that, effective CBMPs have been fully implemented and maintained,
pollutant discharges have been prevented/minimized to the maximum extent practicable, and
discharges do not result in a contravention of applicable State water quality standards for the
receiving stream(s) or other waters impacted or affected by the permit tee.
• Complete and comprehensive inspections will be performed at a minimum of once a month
with monthly inspections a minimum of two weeks apart and within 72 hours after a qualifying
rain event with precipitation of 0.75 inches or greater in any 24-hour period since the last
inspection.
• Inspections will be performed within 24 hours of commencing work after a qualifying rain event,
and no later than 72 hours after the qualifying precipitation event
• A complete CBMPP inspection will be performed by the QCP at a minimum of once every six
(6) months
• Each day there is activity at the site, the operator, a QCI, a QCP, a qualified person under the
direct supervision of a QCP, other qualified consultant, or other qualified persons, shall visually
observe that portion of the construction project where active disturbance, work, or construction
and report any deficiencies observed. Any deficiencies noted during these inspections and any
corrective action needed to correct the deficiencies must be implemented immediately, but no
longer than five days from the inspection date.
A rain gauge will be installed on site to and will be checked daily and used in the determination of a
qualifying rain event, as well as checking with the local weather service. A rain log will be kept on
site to record measurements from the rain gauge (see Appendix E). Inspections will be recorded
on the appropriate ADEM Construction Stormwater Inspection Report and BMP Certification form,
or ADEM Form 23.
4.2 Inspection Personnel:
The following personnel will be responsible for performing on-site inspections:
1. William T. Morell, PE – Qualified Credentialed Professional
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Construction Best Management Practices Plan (CBMPP)
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2. Chelsea Adams, PE – Qualified Credentialed Professional
3. Collin Hays – Qualified Credentialed Inspector
The CBMPP will be updated as necessary to reflect any changes in construction activity or
observations of weather patterns, etc. If an inspection is conducted by a local official and any
deficiencies are noted the CBMPP will be updated within 7 (seven) calendar days.
SECTION 5: RECORD KEEPING
5.1 Records
The following is a list of items that the Contractor is required to maintain at the project site for the
inspector(s) to review:
1. Grading, Construction and Stabilization Activities Log
2. The signed and certified NOI form or permit application form
3. A copy of the letter from ADEM acknowledging receipt of the complete NO I/application
4. A copy of the CBMPP, including a copy of the CGP
5. Daily Observation Log, including rainfall data (reported in measurements in tenths of an inch
using continuous recorders or daily readings of a precipitation gauge)
6. Inspection Reports and BMP Certifications
7. Corrective Action Log
8. CBMPP Amendment Log
The Operator will maintain records for a minimum of three years after the General Permit is
terminated.
SECTION 6: POST CONSTRUCTION BMPS
6.1 Post Construction BMPs
Post construction BMPs on this project will include permanent seeding, sodding, rip-rap outlet
protection, and detention ponds.
SECTION 7: FINAL STABILIZATION
Final stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any
clearing, grading, excavating or other earth-disturbing activities have permanently ceased on any
portion of the site.
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Construction Best Management Practices Plan (CBMPP)
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A Notice of Termination can be filed to terminate coverage when all regulated activity at the site
has been completed, construction effects removed, solid waste/debris properly disposed, all
disturbed areas have been fully reclaimed, suitably stabilized, or perennial vegetative cover
established, and stormwater discharges do not represent an adverse impact to water quality. The
Environmental Protection Agencies (EPA) baseline general permit requirements for final
stabilization indicate that a site can be considered finally stabilized when all soil disturbing activities
at the site have been completed and 100 percent of the soil surface is uniformly covered in
permanent vegetation with a density of 85 percent or greater.
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Construction Best Management Practices Plan (CBMPP)
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SECTION 8: CERTIFICATION AND NOTIFICATION
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gathered and evaluated the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
Name: William T. Morell Title: President
QCP Designation/Description: Professional Engineer Registration/Certification: 21409
Address: 711 East Hobbs St Phone Number: 256-867-4957
Athens, AL 35611
Signature: Date: 8/14/19
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Construction Best Management Practices Plan (CBMPP)
Winchester Rd Subdivision - September 2019
CBMPP APPENDICES
Attach the following documentation to the CBMPP:
Appendix A – General Location Map
Appendix B – Site Maps
Appendix C – Precipitation Log
Appendix D – Corrective Action Log
Appendix E – CBMPP Amendment Log
Appendix F – Grading and Stabilization Activities Log
Appendix G – BMP Specs
• Construction Exit Pad
• Dust Control
• Sediment Barrier
• Temporary Seeding
• Permanent Seeding
• Mulching
• Outlet Protection
• Inlet Protection
• Buffer Zone
• Sodding
OUTFALL PT #2
OUTFALL PT #1
OUTFALL PT #3
RECEIVING WATER
UT TO MOUNTAIN
FORK
RECEIVING WATER
UT TO MOUNTAIN FORK
RECEIVING WATER
UT TO MOUNTAIN FORK
Construction Best Management Practices Plan (CBMPP)
Winchester Rd Subdivision - August 2019
19
Appendix D – Corrective Action Log
Project Name:
CBMPP Contact:
Inspection
Date
Inspector
Name(s)
Description of BMP Deficiency Corrective Action Needed (including planned
date/responsible person)
Date Action
Taken/Responsible person
Construction Best Management Practices Plan (CBMPP)
Winchester Rd Subdivision - August 2019
20
Appendix E – CBMPP Amendment Log
Project Name:
CBMPP Contact:
Amendment No. Description of the Amendment Date of Amendment Amendment Prepared by
[Name(s) and Title]
Construction Best Management Practices Plan (CBMPP)
Winchester Rd Subdivision - August 2019
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Appendix F – Grading and Stabilization Activities Log
Project Name:
CBMPP
Contact:
Date
Grading
Activity Initiated
Description of Grading Activity Date Grading
Activity Ceased
(Indicate Temporary or
Permanent)
Date When
Stabilization
Measures are Initiated
Description of Stabilization
Measure and Location
Buffer Zone (BZ)
Practice Description
A buffer zone is a strip of plants adjacent to land-disturbing sites or bordering
streams, lakes, and wetlands which provides streambank stability, reduces scour
erosion, reduces storm runoff velocities and filters sediment in stormwater. This
practice applies on construction sites and other disturbed areas that can support
vegetation and can be particularly effective on floodplains, next to wetlands,
along stream banks and on steep, unstable slopes.
Typical Components of the Practice
Preservation and Protection of Existing Vegetation
Site Preparation
Soil Amendments (lime and fertilizer)
Planting Desired Vegetation
Mulching
Installation (Preservation)
Prior to start of construction, buffer zones should be designed by a qualified
design professional. Plans and specifications should be referred to by field
personnel throughout the installation process.
Preserve vegetation on designated areas shown in plan. In the absence of a plan,
maintain a buffer of existing vegetation with a minimum width for shoreline or
_________________ Installation and Maintenance Of Best Management Practices
September 2014 197
stream bank protection of at least 35 feet. Local ordinances may require a wider
buffer. Narrower buffer zones may be sufficient on steep slopes that are narrower
than 35 feet.
Installation (Plantings)
Prior to start of construction, buffer zones should be designed by a qualified
design professional. Plans and specifications should be referred to by field
personnel throughout the installation process.
Site Preparation
Install planned measures such as silt fences and diversions before grading and
seedbed preparation. In the absence of a plan and before grading and seedbed
preparation, install other necessary measures which may include silt fences and
diversions. Clear area of clods, rocks, etc. that would interfere with seedbed
preparation; smooth the area before the soil amendments are applied and firm the
soil after the soil amendments are applied.
Soil Amendments (lime and fertilizer)
Apply lime and fertilizer according to the plan or by soil test recommendations.
In the absence of a plan or soil test recommendations, apply agricultural
limestone at the rate of 2 tons per acre (90 lbs per 1000 ft2.) and 10-10-10
fertilizer at the rate of 1000 lbs per acre (25 lbs per 1000 ft2.). Apply ground
agricultural limestone unless a soil test shows pH of 6.0 or greater. Incorporate
amendments to a depth of 4” to 6” with a disk or chisel plow.
Planting Desired Vegetation
Plant desired vegetation according to the design plan. In the absence of a plan use
installation guidelines for Permanent Seeding, Tree Planting on Disturbed Areas,
Shrub, Vine and Groundcover Planting.
Mulching
Spread mulch according to guidelines in the Mulching practice.
Common Problems
Consult with qualified design professional if any of the following occur:
Soil compaction can prevent adequate plant growth. Compaction should be
addressed during site preparation.
Design specifications for plants (variety, seeding/planting dates) and mulch
cannot be met; substitutions may be required. Unapproved substitutions
could lead to failure.
Chapter 3 __________________________________________________________
198 September 2014
Problems that require remedial actions:
Erosion, washout and poor plant establishment – repair eroded surface,
reseed, reapply mulch and anchor.
Mulch is lost to wind or stormwater runoff – reapply mulch and anchor.
Maintenance
Replant trees, grass, shrubs or vines where needed to maintain adequate cover for
erosion control. Maintain grass plantings with periodic applications of fertilizer
and mowing.
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Installation Instructions – Travel Lane Wattles
Product Description: Constructed of a high visibility green polyester mesh, the Travel Lane Wattle is a
sediment log filled with pine straw. Handles are attached to allow for easy lifting and placement.
Purpose: Travel Lane Wattles (TLWs) are designed as a reusable sediment control device installed at
worksite entrance and exit points or in travel lanes. Other applications include erosion management in
slope control environments, stream protection or ditch checks.
Quality Control:
Travel Lane Wattles – Three Sizes
TLW10 8” x 10’
TLW15 8” x 15’
TLW22 8” x 22’
High Visibility Green Polyester
Pine Straw Filled
Reusable Sediment Control Devise
Alternate uses – slope erosion control / stream protection
Designed for Flexibility
Easy Maintenance
Attached Handles for Easy Lifting
Description:
Travel Lane Wattles – This product is a sediment log of pine straw, wrapped with a high
visibility polyester green mesh fabric.
Attached handles allow for easy lifting and placement.
It is designed as a reusable sediment control device at worksite entrance and exit points or in
travel lanes. Other uses include control slope erosion, for stream protection or in ditch check
applications. When used for slope erosion control, the weight of the device should be sufficient
to hold in place when laid on contours. Another option is to stake it using an “X” pattern over
the log.
Designed to be flexible and easily maintained, the Travel Lane Wattle should be inspected at the
end of each work day, particularly following rainfall events. Accumulated sediment should be
removed and properly disposed.
Longevity: The life of this product is determined at the point in which it is no longer effective or
needed to do the job for which it was designed.
Installation and Maintenance of Best Management Practice
Check Dam (CD)
Practice Description
A check dam is a small barrier or dam constructed across a swale, drainage ditch
or other area of concentrated flow for the purpose of reducing channel erosion.
Channel erosion is reduced because check dams flatten the gradient of the flow
channel and slow the velocity of channel flow. Most check dams are constructed
of rock, but hay bales, logs and other materials may be acceptable. Contrary to
popular opinion, most check dams trap an insignificant volume of sediment.
This practice applies in small open channels and drainageways, including
temporary and permanent swales. It is not to be used in a live stream. Situations
of use include areas in need of protection during establishment of grass and areas
that cannot receive a temporary or permanent non-erodible lining for an extended
period of time.
Typical Components of the Practice
Site Preparation
Materials Installation
Erosion and Sediment Control
Construction Verification
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Chapter 3
Construction
Prior to start of construction a qualified design professional should determine the
location, elevation and size of the structure to optimize flattening of channel
grade. Usually, check dam dimensions are taken from a standard drawing. Check
dams are typically constructed using materials included in a contract.
Note: Construction with rock is the only check dam material covered in this
edition of the handbook.
Site Preparation
Determine location of any underground utilities.
Locate and mark the site for each check dam in strategic locations (to avoid
utilities and optimize effectiveness of each structure in flattening channel grade).
Remove debris and other unsuitable material which would interfere with proper
placement of the check dam materials.
Excavate a shallow keyway (12”-24” deep and at least 12” wide) across the
channel and into each abutment for each check dam.
Materials Installation
As specified, install a non-woven geotextile fabric in the keyway in sandy or silty
soils. This may not be required in clayey soils.
Construct the dam with a minimum 2:1 side slopes over the keyway and securely
embed the dam into the channel banks. Position rock to form a parabolic top,
perpendicular to channel flow, with the center portion at the elevation shown in
the design so that the flow goes over the structure and not around the structure.
Erosion and Sediment Control
Install vegetation (temporary or permanent seeding) or mulching to stabilize
other areas disturbed during the construction activities.
Construction Verification
Check finished size, grade and shape for compliance with standard drawings and
materials list (check for compliance with specifications if included in contract
specifications).
92 March 2009
Installation and Maintenance of Best Management Practice
Common Problems
Consult with a qualified design professional if any of the following occur:
Variations in topography on site indicate check dam will not function
as intended. Change in plan will be needed.
Materials specified in the plan are not available.
Maintenance
Inspect the check dam for rock displacement and abutments for erosion around
the ends of the dam after each significant rainfall event. If the rock appears too
small, add additional stone and use a larger size.
Inspect the channel after each significant rainfall event. If channel erosion
exceeds expectations, consult with the design professional and consider adding
another check dam to reduce channel flow grade.
Sediment should be removed if it reaches a depth of ½ the original dam height. If
the area behind the dam fills with sediment there is a greater likelihood that water
will flow around the end of the check dam and cause the practice to fail.
Check dams may be removed when their useful life has been completed. The area
where check dams are removed should be seeded and mulched immediately
unless a different treatment is prescribed. In some instances check dams should
be left as a permanent measure to support channel stability.
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OUTFALL PT #2
OUTFALL PT #1
OUTFALL PT #3
RECEIVING WATER
UT TO MOUNTAIN
FORK
RECEIVING WATER
UT TO MOUNTAIN FORK
RECEIVING WATER
UT TO MOUNTAIN FORK