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2004-7-22 Application for General Storm-water Permit for Construction Activity , _ , ��, ', This form is for new permit applications only. Existing permittees must use App[ication for Pernut Transfer/Modification to transfer a pernut to one party or Subdivision Registration for multiple parties. National Pollutant Discharge Elimination System(NPDES)/State Disposal System(SDS) ; MPCA use only Application for General Storm-water Permit � � � for Construction Activity (MN R100001) i Minnesota m# � Polluti011 Minnesota Pollution Control Agency ; COntl'OI REM Division, Construction Storm-water Permit Program ! Check# � Agency 520 Lafayette Road North, St. Paul, MN 55155-4194 j Please refer to the application instructions and the NPDES/SDS General Storm-water Permit for Construction Activity (MN R100001)as you complete this form.See brackets []for specific permit references. Call the MPCA Customer Assistance Center at 651-297-2274 or 800-646-6247 (in Minn.)for assistance. A-ALBEV 0405 � '.q �3 �y �t ♦■ �y�1 -�� h I il � P 3S' �I� �`+z PU, . j �� 1� �LJ.: # � 1 T+�17 �- _ 3 ��"Tf ( H �L � � 'E � � �'�' 33 3 �' E�� £..l �S _, n�_x.,..� ._..._.. ._ . _..�.:7�ti .«..�.� n .�v,_._„Ta__ ....� . .:��... �., M...I:�� P� .., u' �'�..ut ��::^,� '�„ 3�t�, 3 �.�� _ .i. , r.. .. _-._ -�. « . �•',,,� �g , . _ ... ..... �__ _ _-s ..< ti 1. Storm-water Pollution Prevention Plan(SWPPP) a. Has a Storm-water Pollution Prevention Plan been developed for this project and �Yes ❑No incorporated into the project's plans and specifications? [Part III.A] b. Are erosion prevention measures addressed in the SWPPP? [Part N.B] �Yes ❑No c. Are sediment control measures addressed in the SWPPP? [Part N.C] �Yes ❑No d. Are dewatering and basin draining addressed in the SWPPP? [Part N.D] �Yes ❑No e. Are inspections and maintenance addressed in the SWPPP? [Part N.E] �Yes ❑No f. Are pollution prevention management measures addressed in the SWPPP? [Part N.F] �yes ❑No g. Is final stabilization addressed in the SWPPP? [Part IV.G) �Yes ❑No h. If an environmental review was required, did you incorporate all storm-water related �NA ❑Yes ❑No miti ation measures contained in the review into the SWPPP? STOP if you responded no to any question above.A SWPPP must be developed prior to submitting a pernut application. Complete the above requirements and check yes before submitting this application.Continue if you responded yes or na to all uestions above. 2. Discharges to Special Waters Mark NA if no discharges described below will occur. a. Are all storm-water discharges that may flow from the project to a Special Water that is �NA ❑Yes ❑No located within 2,000 feet of any project discharge points addressed in the SWPPP to meet the ermit conditions in A endix A,Part A-C? STOP if you responded no.Complete the above requirements and check yes before submitting this application.Continue if ou res onded es. 3. Additional Application Review a. Will the project include alternative treatment methods? [Part III.C.S] ❑Yes �No If yes,this application and the altemative treatment plans must be submitted a minimum of 90 days before construction starts. b. If yes, are the plans attached? ❑Yes ❑No c. Will the project disturb 50 acres?AND Is there a discharge point within 2000 feet of an impaired or �yes �No special water whose discharge may reach an impaired or special water listed in Appendix A of the ' permit? [Part II.B.l.b] If yes,this application and the SWPPP must be submitted a minimum of 30 days before construction starts. ' d. If yes, is the SWPPP attached? ❑Yes ❑No 4. Application Fee Is the required$400 Application Fee enclosed? �Yes � wq-strm2-57 1 of 3 August 2003 �I i . � � ,} i � . , . . .�3 � . � • � . .- ' ..• �, � . ... �;.�:_..�. ..-. . ..:.-a ,�.. s ..�..,,:..,�n..,��.. 2004 Prairie Run 5. Project Name 6. Dates of Construction 07/19/04 09/30/05 a.Construction Start Date b.Estimated Completion Date 7. Project Location 50`h Street Site Address Actual location Albertville Indicate general location description if no address is available.Do not use a P.O.Box. SO�h Street in Albertville & St. Michael MN 55301-0009 City or Township State Zip Code Albertville All cities where construction will occur Wright All counties where construction will occur All townships where construction will occur 8. County Parcel ID# See Attached List 9. Project Size 5.33 Acres Attach list if necessary Number of acres to be disturbed 10. Project Map Is the required 8'h x 11"United States Geological Survey (USGS)7.5 minute quad or �Yes equivalent map indicating site boundaries attached? 11. Project Type � Residential �CommerciaUIndustrial ❑Road Construction ❑ Other 12. Cumulative a. Existing area of impervious surface 0 (to the nearest quarter acre) Impervious Surface b. Post construction area of impervious surface 1.5 (to the nearest quarter acre) If new impervious surface created by the project is less than one acre,skip to question 14. 13. Permanent What types(check all that apply)of permanent storm-water management will be used if more than one Storm-water acre of new impervious surface is created by the project? [Part III. C] Management ❑Wet Sedimentation Basin � Infiltration/Filtration � Regional Ponding ❑AlternatlVe Meil]O(ls(/f using alternative methods,construction cannot commence until receiving approval from the MPCA.) 14. Receiving Identify surface waters within'h mile of project boundary that will receive storm water from the site or Waters discharge from permanent storm-water management system. Include waters shown on USGS 7.5 minute uad or e aivalent and all waters identified in A endix A of the ermit. Add additional a er if needed. Appendix A Name of Water Body Type(aic�h,pond,weclana,lake,scream,ri�er) s ecial water? County Ditch No.9 Ditch ❑Yes �No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No wq-strm2-57 2 of 3 August 2003 � � � _ l a '� �,'¢� *. 3�. - I � e"r r `� i I .3 �3�� .� .' � ��.�� 3 � -- «...�.'.��3P.s� �' 31 p�� 3 i ��#� �� i u i � � ;3� � Y� � �� 3�. � e. ,8 A, h�� :> >-�a.... ..�" � I . „�. r, �P.?��3 �I.��% �� w1�. �f ,�,�� 3 �: � �� ,_,�, F h..: :�. ,�„ 15. Owner City of Albertville 41-1252624 9766764 Business or Firm Name Federal Tax ID State Tax ID Kruse Larry City Administrator 763.497.3384 I.ast Name Firs[Name Title E-mail Telephone(include area code) 5975 Main Avenue NE, PO Box 9 Albertville MN 55301-0009 Mailing Address City Sta[e Zip Code Middendorf John 763.497.3384 Altemate Contact L,ast Name First Name E-mail Telephone(include area code) I cer[ify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage this system,or the persons directly responsible for gathering the information,the information is,[o the best of my knowledge and belief, true,accurate and comple[e.I am awaze that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. I also certify under penalty of law that I have read,understood,and accepted all terms and conditions of the NPDES/SDS General S[orm-water Permit Construction Activity(MN R100001)that authorizes storm-water discharges associated with the construction site identified on this form. , � � ' �f-�,*-L, �le"v�� 7— ��—L�/—f' Authorized Signature Date This Application must be signed by: • Corporation:a principal executive officer of at least the level of vice-president or the duly authorized representative or ugent of the executive officer if the representative or agent is responsible for the overall operation of the faciliry that is the subject of the permit application. • Partnership or Sole Proprietorship:a general panner or the proprietor. • Municipality,State,Federal or Other Public Agency:principal executive o�cer or ranking elected o�cial. 16. Contractor Business or Firm Name Federal Ta�c ID State Tax m Last Name First Name Title E-mail Telephone(include area code) Mailing Address City State Zip Code Altemate Contact Last Name First Name E-mail Telephone(include area code) I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage this system,or the persons directly responsible for gathering the information,the information 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. I also certify nder penalty of law t I h ve read understood,and accepted all terms and conditions of the NPDES/SDS General Storm-water Pernut for structio Activityi(MN R � 1 that authorizes storm-water discharges associated with the cons[ruction site identified on this form. � L�� / Autho� Signature Da[e This Applieation must be signed by: • Corporation:a principal executive of�icer of at least the level of vice-president or the duly authorized representative or agent of the executive o�cer if the representarive or agent is responsible for the overall operation of the faciliry that is the subject of the permit application. • Partnership or Sole Proprietorship:a general partner or the proprietor. • Municipality,State,Federal or Other Public Agency:principal executive officer or ranking elected ojj9cial. wq-strm2-57 3 of 3 August 2003 1 � i f ST. MICHAEL QUADRANGLE MINNESOTA A\S,�Q.� 7.5 MINUTE SERIES (TOPOGRAPHIC) �ti��'� NW/4 ROCKFORD 15' QUADRAN6LE �� ' '48 2 090 000 FEET�^49 R 24 W R 23 W ^50 93°37�'30" �� — —+-r---�� 5°15' —� ————_ � o O o �e 958 820 000 _ 9s aas - FEET O =____��, � fl �� I � �� s° � � � � � � �� ' _ O i i 0 v �� ,J - - - 7 �3 --- -�- 0 � / 95� � - ��°' _� � � 5010 — o — ti� G G � � �g � � � ., � � �. � � � �� _,�_ l._ ��' 79 � � � � � , i_ e Dispo a� ` _ \ !° V � BM _ a ) r\ o G9` a ...��\ _ 957��;. `�� P T 121 N . -�.. lJ ...,, � . ... . _ �. . O q e p � M 951 T 120 N �� /��p ark D� _ _ ��.P,�. � o 0 0 o'_ � .� �/ ,• - - " , - I 95 J/ � `r � , � � Alb rt�uille: � o a - - �. - - ,� � � ... h ,� O sso� ^//� � _ ; a� / ( / ,� 9 6 `� � W � — �/ � Oti l • 1: ' � 95�-� 955 �2 � _ n� o � � �� . \� .i �_ -�' � �� ; � �,� � .• C 1``____, � ��-�. N � -� _ _-_-96p _ � O ° �; � � �� -- - - �� i _ O II D 950 . - G I I 9 - R dio � 5�$ � -�- • I ///�� Q 975� 966 . Q�� O/ 1 • � � �� i •-� . � .., l J ' _ � I�:- � r � I '� - • , _�:.-o �(;o 0 � _ �� O 95p� - I o � • . II I � O O I O �{ � ,'fa== � _ �� $ , I � � �� _ —— � ` _ I Q —3' •� �� I 950 =_= I W . � '—..._...� I r.—— -? . . I yo O o � o �.J ; � g � f �. i '� _ e o '� •,� � i � �4�`-� / o �. .v_ -.., 41 �60 ___ . _ a C� �u n�� r,,� �) •o�o ■• �, i� Ber Mi ,ti° �Wf. `oa /� �� ° �. �"� •� uo � '� Y„ 12_30" i a ; , 5006 ( 960) i ——1 :� I � o.��` 9 ° � .J: 6 O� o -e. ��r4'.. O �• � : 7 � (/�/ O �".. � �(I - --_ _ Q � SELV 0'' v=-=_'__ _�� . � 'sp sal P C+� i _ '� � �� .o _eo L� i�� _ - — — — --- �� ;�t-� II - - ' �-` 5005 �Cem .f''�9 � //i�% ii ir �8�0 � r , . � , • . �inn��+ata P�Ilutic�n ��n#rr�l �4►ge��cy � Pra#�ctin�11�ii�trt�fia's En�ir�mn�ent a�t�a�it��Li�e ' APPLICATION INSTRUCTIONS for MINNESOTA'S NPDES/SDS GENERAL STORM-WATER PERMIT for CONSTRUCTION ACTIVITY Submission of an application is notice that the owner and general contractor identified on the application intend to be authorized by an NPDES/SDS pernut issued for storm-water discharges associated with a construction activity in the State of Minnesota. ' • � � � � ' • � For Questions 1-3,please refer to the NPDES/SDS General Storm-water Permit for Construction Activity and the flowchar[at the end of these instructions. 1. Indicate if a Storm-water Pollution Prevention Plan(SWPPP)has been prepared and the appropriate sections(a I through h of this question)have been addressed by answering"Yes"or"No".A SWPPP is a plan for storm-water discharge that includes erosion prevention measures and sediment controls that, when implemented,will decrease soil erosion on a parcel of land and decrease poliution in receiving waters.This plan must be developed prior to submitting a permit application. A sample plan and development tools are available on the U.S. Environmental I Protection Agency web page at http://cf�ubi.epa.�pdes/stormwater/swppp.cfm For section "h"indicate if an Environmental Review has been completed if required,by answering"Yes"or"No" or"NA".Environmental review looks at how a proposed project could potentially affect the environment and looks at ways to avoid or minimize impacts before the project is permitted and built.Examples of categories that may need an environmental review include residential development;industrial,commercial,and institutional facilities;and also highway projects.For certain projects,environmental review is mandatory.For more details see the Guide to Minnesota Environmental Review Rules, Chapter 6.This can be found at http://www.mnplan.state.mn.us/pdt%rul�uid3.pdf 2. Indicate if discharges to special waters have been Special Waters identified and addressed by answering"Yes"or"No"or "NA"(not applicable)on the Permit Application.The 2.a. Do you have a special water that is within 2,000 feet questions at the right can help in making this of the project? determination. (see Appendix A of the Permit for a list of these Special water categories) Special waters have qualities that warrant extra pro[ection. A list of these special water categories can be found in 2.b. Do you have storm-water discharges that are within Appendix A of the permit.For information on special 2�pp0 feet of these special waters? waters near the project's area,see the Minnesota Pollution Control Agency(MPCA)Web page at http://www.pca.state.mn.us/publications/wq strml-OS.xls 2•c. Will the discharges identified in 2.b.flow to the special waters? wq-strm2-58 September 2003 ' � , � . 3. Indicate by answering"Yes"or"No"whether the project will include alternative methods for the permanent storm- water management system or will disturb 50 acres or more and have a discharge point(including sheet flow)that is within 2000 feet of and flows to an impaired or special water.Additional review from the MPCA is required in these cases. You have the option of proposing an alternative,innovative,permanent storm-water management system. You must send in the permit application and the additional required information(see Part III.C.S of the Permit)at least 90 days prior to the start of construction if you choose this approach.You must receive an approval letter from the MPCA for this method before beginning construction. The application and SWPPP need to be submitted to the MPCA a minimum of 30 days prior to the start of construction if the project disturbs 50 acres or more and drains to an impaired water or a special water listed in Appendix A of the permit.For a list and maps of impaired waters in MN go to www.pca.state.mn.us/water/tmdl.html 4. The application requires a$400 application fee.Indicate that the application fee has been enclosed by answering"Yes". Please make checks payable to:Minnesota Pollution Control Agency and submit the check with the completed application to: MPCA,Regional Environmental Management Division,520 Lafayette Road North,St.Paul,MN 55155- 4194.Applications received without the required fee will be returned to the sender. � � � � � 5. List the construction project's name.If the project does not have a name,list the type of project and a brief description (for example, "I-35E/I-494 Interchange"or"Highway 169 bridge replacement(#"79605)at the Rum River"). 6. Provide an address(if available)and brief description of the construction activity's location(for example, "North West Corner of the Intersection of 45°i Street and Irving Avenue,Minneapolis,MN"). List the County Parcel ID#for the project if it is known. If there are multiple numbers within the project, attach a list. Parcel Identification Numbers are unique numbers assigned by the County. Lis[ing the County Parcel ID#is not required if not available(for example,highway projects) Provide the names of all cities,counties,and townships the construction activity takes place in(for example,a roadway may cross county,city, or township boundaries). 7. List, in acres,the amount of area to be disturbed for this project. 8. Attach the required map and indicate that it is included with the permit application.United States Geological Survey (USGS)7.5-minute quad maps or equivalent maps may be used. USGS 7.5-minute quad maps may be ordered at http://edc.usgs.gov/WebQlis/�lisbin/finder main.pl?datase[ name=MAPS LARGE 9. Indicate the type of construction activity by checking the appropriate box. Please describe the project if you check "Other". 10. Indicate to the nearest quarter acre,the existing and resulting areas of impervious surfaces.Impervious surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an inereased rate of flow than prior to development. Examples include rooftops, sidewalks,patios,driveways,parking lots,storage areas,and concrete,asphalt,or gravel roads.(a.)"Existing"area means the area of impervious surface that is present prior to the start of[his construction projec[.(b.)"Post construction"means the entire area of impervious surface after construction is completed. Subtract(a.)from(b.)to determine[he area of new impervious surface. 11. For projects creating one or more acres of cumulative new impervious surfaces,check the appropriate box to indicate which type(s)of permanent storm-water management practices that will be used. The"Other"box is limited to those situations(such as proximity to bedrock)that are described in Part III.0 of the permit. See the permit for a further description. If the"Other' box is checked,describe which situation oudined in Part III.C.fits the project and what other permanent treatment(such as grassed swales,smaller ponds and/or grit chambers)will be used on the project. wq-sum2-58 September 2003 , • � � 12. BRIEFLY describe which waterbody(s)will receive storm-water runoff from the construction site or from the discharge from permanent storm-water management systems by completing the table.To determine which waterbody(s)will receive storm-water runoff discharges,make a brief survey of the project's surrounding area.Include the waters identified I on a USGS 7.5-minute quad or equivalent map.See Appendix A of this permit to determine if a waterbody is a special I water. 13. List the start and estimated completion dates of the construction project(for example,9/18/03). ' � � � ' 14. Owner Information: Provide the information requested of the owner of the company,organization,or other entity for which this construction project is being done.The Owner means the person or party possessing the title of the land on which the construction activities will occur;or if the construction activity is for a lease holder,the party or individual identified as the lease holder;or the contracting government agency responsible for the construction activity.The owner is the party responsible for the compliance with all terms and conditions of the permit.The alternate contact should be the owner's representa[ive in charge of the project(for example,Sandy Smith,Inspector;Joe Johnson,Project Manager;etc). After completing this application,certify it with a signature and date from an individual authorized to sign the application.This applica[ion form must be signed by either a principal executive officer,vice president,representative agent responsible for overall operations,general partner,or a proprietor.If the activity is being conducted by a unit of government(state,county,municipality,or township),this application must be signed by a principal executive officer or ranking elected official(for example,city or county engineer, administra[or,or manager;director of public works; • mayor,etc.)For additional information, see Minnesota Rules 7001.0060. 15. Contractor(Operator)Information: Provide the information requested of the contractor.The Contractor means the party who signs the construction contract with the owner ro construct the project described in the final plans and specifications.Where the construction project involves mare than one contractor,the general contractor will be the party responsible for managing the project on behalf of the owner.In some cases the owner may be the general contractor.In these cases,the owner may contract an individ�al as the operator who would be the co-permittee. The operator(usually the general contractor)is jointly responsible with the owner for compliance with part II.B.,part II.C.,and part IV of the permit. After this application has been completed by the owner,the contractor must certify i[with a signature and date from an individual authorized to sign the form.The application must be signed by either a principal executive officer,vice president,representative agent responsible for overall operations,general partner, or a proprietor.If the general contractor is a unit of government(state, county,municipality, or township),this application must be signed by a principal executive officer,ranking elected official, administrator,manager,coordinator,or engineer. (For additional information,see Minnesota Rules 7001.0060.)The alternate contact should be the contractor's representative in charge of the project(for example, Scott Marshall,Head Foreman; Ann Johnson,Project Manager,etc.). Send the completed application and fee to: MPCA Regional Environmental Management Division 520 Lafayette Road North St.Paul,MN 55155-4194 Questions?Contact the MPCA Customer Assistance Center at(800)646-6247 or(651)297-2274. For businesses with fewer than 100 employees, contact the MPCA Small Business Assistance Program at(800)657-3938. wq-strm2-58 September 2003 , � Owner develops a Storm-water Pollution Prevention Plan(SWPPP)and incorporates it into the projects final plans and specifications. Includes identifying all discharges to Special Waters. Includes determining if Environmental Review has been completed if needed. Is there a local permitting — ---------- authority that reviews and • approves storm-water pl ans? Submit plan to the Local Permitting Appiicants still need to seek Authority for review and approval approvai through required perrnitting process at the local, state,and federal levels. � Has the Local Permitting Authority approved pl an? _____ Submitacompleted application to the MPCA Is additional review required? � _ �r«�ce�ret��a�or MPCA review and approval is required permarient systerru OR for projecls disturbirg 50 acres or rtare draning to impaired waters a Special Waters) For large projects For altemative methods: (>W acres): Allow 30 days Allow 90 days 7 days � Has the Owner been � notified in writing thatthe SWPPP is inadequate? Has � the Owner received — --- Begin construction a letter of approval for an alternative m ethod? wq-strm2-58 September 2003 . � � Page 1 of 26 Pernut No: MN R100001 GENERAL PERMIT '�, AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM PERMIT PROGRAM ISSUANCE DATE: August 1,2003 EXPIRATION DATE: August 1,2008 In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq.; hereinafter, the "Act"), 40 CFR 122, 123, and 124, as amended, et seq.; Minn. Stat. Chs. 115 and 116, as amended, and Minn. R. Ch. 7001: This pernut regulates the discharges of storm water to the waters of the state of Minnesota associated with construction activity. This permit covers the storm water discharges identified in Part I.A. of this permit. The limitations on permit coverage are identified in Part I.B. of this pemut. This pernut requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). No person shall commence construction activity covered by Part I.A. until pernut coverage under this permit is effective or, if applicable, until the Minnesota Pollution Control Agency (MPCA) has issued an individual NPDES/SDS construction storm water pernut for the project. The SWPPP must be completed prior to submitting any permit application and prior to conducting any construction activity by any required Permittee. Unless notified by the MPCA to the contrary, applicants who submit a completed application (including pernut fee) in accardance with the requirements of this pernut are authorized to discharge storm water from construction sites under the terms and conditions of this permit 7, 30, or 90 davs after the postmarked date of the completed application as described in Part II.B. C.overage under this permit«rill remain in effect until the owner has submitted a IYotice�f Tern�it�ation, regardless of ihe abovc;expiratian da �. .. � � ._..� �`"'� �� .� G'�� -� Szgrcnture: �vl�C.� -�.___...__._�. for Minnesota Pollution Gontrol Agency If you have questions on this permit, including the specific pernut requirements, pernut reporting or permit compliance status,please contact the appropriate MPCA offices. Minnesota Pollution Control Agency Construction Storm Water Program 520 Lafayette Road North St.Paul,MN 55155-4194 Telephone(651) 297-2274 wq-strm2-51 All boldfaced ternu are defined in "Definitions,"Pages 23[hrough 26 TDD (for hearing and speech impaired only): (65/)282-5332 Made from over 50%recycled fiber including 20%post consumer waste 1 i Page 2 of 26 � Permit No: MN R100001 Table of Contents PaQe I. PERMIT COVERAGE AND LIMITATIONS.................................................................3 A. Pernut Coverage........................................................................................................... 3 B. Limitations of Coverage............................................................................................... 3 II. SUBMITTING THE APPLICATION...............................................................................4 A. Prerequisite for Submitting a Permit Application........................................................4 B. Application and Duration of Coverage........................................................................4 C. Ternunation of Coverage ............................................................................................. 6 III. STORM WATER DISCHARGE DESIGN REQUIREMENTS.....................................7 A. Storm Water Pollution Prevention Plan....................................................................... 7 B. Temporary Sediment Basins........................................................................................ 9 C. Permanent Storm Water Management System........................................................... 10 D. Record Retention........................................................................................................ 13 IV. CONSTRUCTION ACTIVITY REQUIREMENTS...................................................... 13 A. Storm Water Pollution Prevention Plan..................................................................... 13 B. Erosion Prevention Practices...................................................................................... 13 C. Sediment Control Practices........................................................................................ 14 D. Dewatering and Basin Draining............................:.................................................... 15 E. Inspections and Maintenance..................................................................................... 15 F. Pollution Prevention Management Measures............................................................. 17 G. Final Stabilization...................................................................................................... 17 V. GENERAL PROVISIONS................................................................................................ 18 A. Applicability Criteria................................................................................................. 18 B. Response.................................................................................................................... 18 C. Prohibitions................................................................................................................ 18 D. Transfer of Ownership or Control.............................................................................. 18 E. Civil and Criminal Liability....................................................................................... 18 F. Severability................................................................................................................ 19 G. NPDES/SDS Rule Standard Conditions.................................................................... 19 H. Inspection and Entry.................................................................................................. 19 APPENDIXA............................................................................................................................... 19 APPENDIXB -DEFINITIONS.................................................................................................23 wq-strm2-51 4 ' � � Page 3 of 26 Pernut No: MN R100001 PART I. PERMIT COVERAGE AND LIMITATIONS A. PERMTT COVERAGE l. This pernut is required for storm water discharges associated with construction activity and with small construction activity as defined in 40 C.F.R. part 122.26(b)(14)(x) and(b)(15), respectively. 2. This permit authorizes, subject to the terms and conditions of this pernut, the discharge of storm water associated with construction activity and small construction activity. Construction activity includes clearing,grading and excavation,that disturbs land of equal to or greater than five (5)acres and includes the disturbance of less than five (5) acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five(5) acres or more. Small construction activity includes clearing, grading and excavation, that disturbs land of equal to or greater than one(1) acre, and includes the disturbance of less than one(1)acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five (5)acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. 3. This permit covers all areas of the state of Minnesota. 4. For Parts I.B through Appendix A of this permit, all reference to construction activity includes both small construction activity and construction activity. B. LIMITATIONS OF COVERAGE '' This permit does not cover the following activities: ; 1. Discharges or releases that are not storm water except those non-storm water discharges II' authorized under Part N.D. ' 2. The placement of fill into waters of the state requiring local, state,or federal authorizations ', (such as U.S. Army Corps of Engineers Section 404 pernuts, Department of Natural Resources I Public Waters Work Permits or Local Governmental Unit Wetland Conservation Act replacement plans or determinations). �i 3. Storm water discharges associated with industrial activity that originate from the site after �, construction activities have been completed and the site has undergone final stabilization. Post- ' construction industrial storm water discharges may need to be covered by a separate ' NPDES/SDS permit. �� 4. Non-point source agricultural and silvicultural discharges excluded from NPDES pemut �, requirements under 40 CFR part 122.3(e). 5. Discharges to the waters identified below unless the requirements of Appendix A. are complied I with: Wq-Scrm2-s 1 ` I Page 4 of 26 � Permit No: MN R 100001 , a. Discharges into outstanding resource value waters(ORVWs)as defined in Minn.R. 7050.0180, subp. 3 and 6,except calcareous fens listed in Minn. R.7050.0180, subp. 6.b. b. Discharges into Trout waters as listed in Minn. R.6264.0050, subp. 2 and 4. c. Discharges into Wetlands as listed in Minn. R. 7050.0130, item. F. d. Discharges from projects that have not met applicable Environmental Review requirements under state or federal laws. e. Discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species or adversely modify a designated critical habitat. f. Discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites. 6. Discharges to calcareous fens listed in Minn. R.7050.0180, subp. 6.b. 7. Discharges to waters for which there is a total maximum daily load(T'MDL) allocation for sediment and parameters associated with sediment transport are not eligible for coverage under this permit unless the Permittee(s)develop and certify a SWPPP that is consistent with the assumptions, allocations and requirements in the approved TMDL. To be eligible for coverage under this general permit,Permittee(s) must incorporate into their SWPPP any conditions applicable to their discharges necessary for consistency with the assumptions, allocations and requirements of the TMDL within any timeframes established in the TMDL. The SWPPP must include the provisions in Part III.A.7. If a specific numeric wasteload allocation has been established that would apply to the project's discharges,the Permittee(s)must incorporate that allocation into its SWPPP and implement necessary steps to meet that allocation. PART II. SUBMITTING THE APPLICATION A. PREREOUISITE FOR SUBMITTING A PERMTT APPLICATION The owner must develop a Storm Water Pollution Prevention Plan(SWPPP)in accordance with Part III(Storm Water Discharge Design Requirements) of this pernut. The plans are not to be submitted to the MPCA(unless the project size is 50 acres or more and will discharge to certain waters as described in Part II.B.l.b.)but are to be retained by the owner in accordance with Part III.D (Record Retention). The applicants' failure to complete the SWPPP prior to submitting the application will result in the application being returned and the storm water discharges associated , with construction activity will not be authorized by this pernvt. B. APPLICATION AND DURATION OF COVERAGE 1. Application Required. a. The owner and operator shall submit a completed application form(or a photocopy thereo fl with the appropriate fee for project size(see application form)to the MPCA for each project which disturbs one(1) or more acres of land. The owner and operator of a common plan of development or sale that will ultimately disturb one (1) or more acres must submit a completed application to the MPCA. wq-strm2-51 Page 5 of 26 Pemut No: MN R 100001 b. For certain projects or common plans of development or sale disturbing 50 acres or more, the application must be submitted at least 30 days before the start of construction activity. This requirement pertains to projects that have a discharge point on the project that is within 2000 feet of, and flows to,a special water listed in Appendix A,Part B. or waters listed as impaired under section 303(d) of the federal Clean Water Act(see MPCA's web site). Applicants must submit a completed application form and Storm Water Pollution Prevention Plan including all calculations for the Permanent Storm Water Management System(see Part III.A—C). 2. The Owner and Operator are Permittee(s). The owner who signs the application is a Permittee and is responsible for compliance with all terms and conditions of this permit. The operator(usually the general contractor) who signs the application is a Permittee for Parts II.B., Part II.C. and Part N. of this permit and is jointly responsible with the owner for compliance with those portions of the pernut. 3. Permit Coverage. The commencement of any construction activity(e.g., land disturbing activities)covered under Part I.A. of this pernvt is prohibited until permit coverage under this pernut is effective or,if applicable,until the MPCA has issued an individual NPDES/SDS construction storm water permit for the project. a. Except as provided in subp. 3.b. and 3.c. below,pernut coverage will become effective seven 7 da s after the postmarked date of the completed application form. b. For projects disturbing 50 acres or more,that have a discharge point on the project that is within 2000 feet of, and flows to, a special water listed in Appendix A, Part B. or waters listed as impaired under section 303(d)of the federal Clean Water Act, the applicants must submit a completed application and SWPPP to the MPCA at least thirty(30)days prior to the commencement of construction activities. MPCA staff will review the SWPPP submitted with the completed application and unless the Permittee is notified in writing that the SWPPP does not meet the general pernut requirements, permit coverage will become effective 30 days after the postmarked date or MPCA date-stamp(whichever is first) of the completed application. c. For proposals to use Alternative Method(s)for the Permanent Storm Water Management System under Part III.C.S, the applicants must submit a completed application and SWPPP, including the Alternative Method documentation under Part III.C.S, to MPCA for review and approval at least 90 days prior to the proposed starting date of construction activity. i. The MPCA will notify the applicant within the 90-day period,in writing, whether the alternative method is approved or not approved and, if applicable,the basis for denial. ii. The applicant may re-submit the alternative method after addressing the MPCA's basis for denial. The MPCA will respond within 30 days. iii. Pernut coverage will become effective upon receipt of an alternative treatment method approval letter from MPCA. Any construction activity on the project is not covered under this permit until receiving the alternative treatment approval letter. 4. Coverage Letter. For projects under subpart 3.a. of this part,the Permittee(s)will receive a pernut letter and certificate acknowledging permit coverage,usually within 30 days of the postmarked date of the completed application. Wq-S�2-s� Page 6 of 26 Permit No: MN R100001 5. Change of Coverage. For storm water discharges from construction projects where the owner or operator changes, (e.g., an original developer sells portions of the property to various homebuilders)the new owner or operator must submit a subdivision registration within 7 days of assuming operational control of the site,commencing work on their portion of the site, or of the legal transfer, sale or closing on the property. For instances where an owner or operator of an entire project changes after an application has been submitted under Part II,the new owner or operator must submit an application for permit transfer/modification within 7 days of assuming control of the site or commencing work on-site, or of the legal transfer, sale or closing on the property. Late submittals will not be rejected;however,the MPCA reserves the right to take enforcement for any unpermitted discharges or pernut noncompliance for the new registered party that has assumed control of the site. For storm water discharges from construction activities where the owner or operator changes, the new owner or operator can implement the original SWPPP created for the project or develop and implement their own SWPPP. Permittee(s) shall ensure either directly or through coordination with other Permittee(s)that their SWPPP meets all terms and conditions of this pernut and that their activities do not render another party's erosion prevention and sediment control Best Management Practices(BMPs)." C. TERMINATION OF COVERAGE 1. Permittee(s) wishing to terminate coverage under this petmit must submit a Notice of Termination(NOT)to the MPCA. Compliance with this permit is required until a NOT is submitted. The Permittee(s) authorization to discharge under this permit ternunates at midnight of the day the NOT is signed. 2. All Permittee(s) must submit a NOT within thirty (3�)days after one or more of the following conditions have been met: a. Final stabilization(see Part IV.G. and definition in Appendix B ) has been achieved on all portions of the site for which the Permittee is responsible(including the removal of all temporary measures such as silt fence, and if applicable, returning agricultural land to its pre- construction agricultural use); b. Another owner/operator(Permittee) has assumed control according to Part II.B.S over all areas of the site that have not been finally stabilized; or c. For residential construction only,temporary erosion protection and down gradient perimeter control for individual lots has been completed and the residence has been transferred to the homeowner. Additionally,the Permittee must distribute the MPCA's "homeowner factsheeY'to the homeowner to inform the homeowner of the need for,and benefits of,final stabilization. 3. Permittee(s) that use an alternative method for the permanent storm water management system as described in Part III.C.S, are prohibited from ternunating this permit until final stabilization has been achieved on site and either: a. The two years of monitoring data has been submitted to the MPCA and the MPCA has determined that the required treatment has been achieved. The Pernuttee will be notified in writing within 30 days after the monitoring data has been submitted. If the Permittee has not heard from the MPCA within 30 days after submitting the required data, the Pernuttee can submit a Notice of Termination. wq-strm2-51 � ' ' Page 7 of 26 Pernut No: MN R100001 b. The Permittee can submit a Notice of Termination,even if the timeframe is less than two years,if the MPCA deternunes that the alternative method is achieving the required treatment. During the monitoring and evaluation of the alternative method, the Permittee is not responsible for other permit requirements that have been transferred as described in Part II.B.S. PART III. STORM WATER DISCHARGE DESIGN REQUIREMENTS A. STORM WATER POLLUTION PREVENTION PLAN The owner must develop a Storm Water Po1luNon Prevention Plan (SWPPP). The SWPPP shall be completed prior to submitting any permit application and prior to conducting any construction activity by any required Permittee(s). The plan must be a combination of narrative,plan sheets and if appropriate standard detail sheets that address the foreseeable conditions, at any stage in the construction or post constraction activities. The plan must include a description of the nature of the construction activity. The plan must address the potential for discharge of sediment andlor other potential pollutants from the site. For storm water discharges from construction activities where the owner or operator changes, the new owner or operator can implement the original SWPPP created for the project or develop and implement their own SWPPP. Permittee(s)shall ensure either directly or through coordination with other Permittee(s) that their SWPPP meets all terms and conditions of this permit and that their activities do not render another party's erosion prevention and sediment control Best Management Practices (BMPs)ineffective. 1. As part of the SWPPP the owner must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will oversee the implementation of the SWPPP, and the installation, inspection and maintenance of the erosion prevention and sediment control BMPs before and during construction. The owner must identify who will have the responsibility for long term operation and maintenance of the permanent storm water management system(see Part III.C.). The owner shall develop a chain of responsibility with all operators on the site to ensure that the SWPPP will be implemented and stay in effect until the construction project is complete,the entire site has undergone final stabilization, and a NOT has been submitted to the MPCA. 2. The SWPPP must incorporate the requirements of Part III(Storm Water Discharge Design Requirements), Part N (Construction Activity Requirements) and Appendix A for the project. A nanative describing the timing for installation of all erosion prevention and sediment control BMPs required in Part III, Part N and Appendix A must also be included in the plan. 3. The SWPPP requirements must be incorporated into the project's final plans and specifications and/or project documentation,as appropriate, and must include: a. Location and type of all temporary and permanent erosion prevention and sediment control BMPs along with procedures to be used to establish additional temporary BMPs as necessary for the site conditions during construction. Standard plates and/or specifications for the BMPs used on the project must be included in the final plans and specifications for the project. b. A site map with existing and final grades,including dividing lines and direction of f7ow for all pre and post-construction storm water runoff drainage areas located within the project limits. The site map must also include impervious surfaces and soil types. wq-strm2-51 Page 8 of 26 Pernut No: MN R 100001 c. Locations of areas not to be disturbed. d. Location of areas where construction will be phased to minimize duration of exposed soil areas. e. All surface waters and existing wetlands,which can be identified on maps such as United States Geological Survey 7.5 minute quadrangle maps or equivalent maps within one-half mile from the project boundaries, which will receive storm water runoff from the construction site,during or after construction. Where surface waters receiving runoff associated with construction activity will not fit on the plan sheet, they must be identified with an arrow,indicating both direction and distance to the surface water. f. Methods to be used for final stabilization of all exposed soil azeas. 4. The Permittee(s) must amend the SWPPP as necessary to include additional requirements,such as additional or modified BMPs, designed to correct problems identified or address situations whenever: a. There is a change in design,construction, operation,maintenance, weather or seasonal conditions that has a significant effect on the discharge of pollutants to surface waters or underground waters; b. Inspections or investigations by site operators, local, state or federal officials indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or underground waters or that the discharges are causing water quality standard exceedances; or c. The SWPPP is not achieving the general objectives of controlling pollutants in storm water discharges associated with construction activity, or the SWPPP is not consistent with the terms and conditions of this pernut. d. At any time after permit coverage is effective, the MPCA may determine that the project's storm water discharges may cause, have reasonable potential to cause, or contribute to non-attainment of any applicable water quality standard,or that the SWPPP does not incorporate the requirements in Part III.A.7 related to an approved Total Maximum Daily Load (TMDL) implementation plan that contains construction storm water related requirements. If MPCA makes such determination(s) or any of the deternunations in Parts III.A.4.a.-4.c., MPCA will notify the Permittees in writing. In response,the Permittees must develop a supplemental BMP action plan or appropriate SWPPP amendments describing SWPPP modifications to address the identified concerns and submit information requested by MPCA, which may include an individual pernut application. If MPCA's written notification requires a response, failure to respond within the specified timeframe constitutes a permit violation. 5. The SWPPP must factor in any findings of and include any storm water mitigation measures required as the result of any environmental, archeological or other required local, state or federal review conducted for the project. For the purposes of this permit provision,mitigation measures mean avoiding, minimizing,rectifying(e.g., repairing,rehabilitating, restoring),reducing, eliminating or compensating for impacts related to: (1)storm water discharges associated with the project's construction activity; and(2)erosion prevention,sediment control and the permanent storm water management system for the project. Wq-scm,z-si Page 9 of 26 Permit No: MN R100001 6. The SWPPP must provide additional measures as necessary to assure compliance with surface and ground water standards in Minn. R.chapters 7050 and 7060 in karst azeas and to ensure protection of drinking water supply management areas (see Minn. R.4725.4450). 7. If runoff from the site discharges to an impaired water which has an approved TMDL implementation plan containing requirements for construction storm water discharges,the Permittee must include the following in the SWPPP: , a. identify the receiving water and the areas of the site discharging to it; and j b. BMPs that are appropriate for the site and sufficient to comply with all applicable requirements of the TMDL implementation plan. B. TEMPORARY SEDIMENT BASINS Where ten (10) or more acres of disturbed soil drain to a common location, a temporary (or permanent) sediment basin must be provided prior to the runoff leaving the construction site or entering surface waters. The Permittee is encouraged, but not required, to install temporary sediment basins where appropriate in areas with steep slopes or highly erodible soils even if less than ten (10)acres drains to one area. The basins must be designed and constructed according to the following requirements: 1. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2 year, 24 hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin. 2. Where no such calculation has been performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage below the outlet pipe per acre drained to the basin, shall be provided where attainable until�nal stabilization of the site. 3. Temporary basin outlets must be designed to prevent short-circuiting and the discharge of floating debris. The basin must be designed with the ability to allow complete basin drawdown (e.g.,perforated riser pipe wrapped with filter fabric and covered with crushed gravel, pumps or other means, see Part N.D.) for maintenance activities, and provide a stabilized emergency overflow to prevent failure of pond integrity. Energy dissipallon must be provided for the basin outlet(see Part N.B.4). 4. The temporary(or permanent)basins must be constructed and made operational concurrent with the start of soil disturbance that is upgradient of the area and contributes runoff to the pond. 5. Where the temporary sediment basin is not attainable due to site limitations,equivalent sediment controls such as smaller sediment basins,and/or sediment traps, silt fences, vegetative buffer strips,or any appropriate combination of ineasures are required for all down slope boundaries of the construction area and for those side slope boundaries deemed appropriate as dictated by individual site conditions. In deternuning whether installing a sediment basin is attainable,the Permittee must consider public safety and may consider factors such as site soils, slope, and available area on site. This deternunation must be documented in the SWPPP. C. PERMANENT STORM WATER MANAGEMENT SYSTEM wq-strm2-51 Page 10 of 26 Permit No: MN R100001 All storm water must be discharged in a manner that does not cause nuisance conditions,erosion in receiving channels or on downslope properties, or inundation in wetlands causing a significant adverse impact to the wetlands. Where a project's ultimate development replaces vegetation and/or other pervious surfaces with one or more acres of cumulative impervious surface,a water quality volume of'/z inch of runoff from the new impervious surfaces created by the project must be treated by one of the methods outlined in Part III.C.1 through Part III.C.S prior to the runoff leaving the construction site or entering surface waters(excluding drainage systems that convey storm water to a constructed permanent storm water management facility designed to treat the water quality volume from the project). For those areas of a project where there is no feasible way to meet the treatment requirement for the water quality volume,other treatment such as grassed swales, smaller ponds or grit chambers is required prior to discharge to surface waters. A cumulative maximum of(3)three acres or 1%of project size whichever is larger can be treated in this manner. Where the proximity to bedrock precludes the installation of any of the permanent storm water management practices outlined in Part III.C., other treatment, such as grassed swales, smaller ponds, or grit chambers,is required prior to discharge to surface waters. For work on road projects where the lack of right of way precludes the installation of any of the permanent storm water management practices outlined in Part III.C., other treatment such as grassed swales, smaller ponds, or grit chambers, is required prior to discharge to surface waters. 1. Wet Sedimentation Basin a. The basin must have a permanent volume of 1800 cubic feet of storage below the outlet pipe for each acre that drains to the basin. The basids permanent volume must reach a minimum depth of at least 3 feet and must have no depth greater than 10 feet.The basin must be configured such that scour or resuspension of solids is minimized. b. The basin's water quality volume is calculated as'/z inch of runoff from the new impervious surfaces created by the project. c. Basin outlets shall be designed such that the water quality volume is discharged at no more than 5.66 cubic feet per second(cfs) per acre of surface area of the pond. d. Basin outlets must be designed to prevent short-circuiting and the discharge of floating debris. Basin outlets must have energy dissipation. e. The basin must provide a stabilized emergency overflow to accommodate storm events in excess of the basin's hydraulic design. f. Adequate maintenance access must be provided(typically 8 ft. wide)for future maintenance of the basin. 2. Infiltration/Filtration Infiltration/Filtration options include but are not limited to: infiltration basins,infiltration trenches,rainwater gardens, sand filters, organic filters,bioretention areas, enhanced swales, dry storage ponds with underdrain discharge, off-line retention areas and natural depressions. Infiltration must be used only as appropriate to the site and land uses. Settleable solids,floating materials, oils and grease should be removed from the runoff to the maximum extent practicable wq-sum2-51 � Page 11 of 26 Permit No: MN R100001 before runoff enters the infiltration/filtration system. Filtration systems must have a reasonable chance of achieving approximately 80%removal of total suspended solids. The Permittee(s) must evaluate the impact of constructing an infiltration practice on existing hydrologic features (e.g.,existing wetlands) and try to maintain pre-existing conditions(e.g.,do not breach a perched water table which is supporting a wetland). For a discussion of ground water warnings,design measures, maintenance considerations or other retention, detention, and treatment devices, see the MPCA's Protecting Water Quality in Urban Areas found on the MPCA's web-site. a. Infiltration systems should not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. b. During construction of an infiltration system, rigorous sediment and erosion controls(e.g., diversion berms) should be used to keep sediment and runoff completely away from the infiltration area. The area must be staked off and marked so that heavy construction equipment will not compact the soil in the proposed infiltration area. c. To prevent clogging of the in�ltration or filtration system, a pretreatment device such as a vegetated filter strip, small sedimentation basin, or water quality inlet(e.g.,grit chamber) must be used to settle particulates before the storm water discharges into the infiltration or filtration system. d. Infiltration or filtration systems shall be sufficient to infiltrate or filter a water quality volume of'h inch of runoff from the new impervious surfaces created by the project. e. The water quality volume shall discharge through the soil or filter media in 48 hours or less. Additional flows that cannot be infiltrated or filtered in 48 hours should be routed to bypass the system through a stabilized discharge point. A way to visually verify that the system is ' operating as designed must be provided. ' f. Appropriate on-site testing shall be conducted to ensure a minimum of 3 feet of separation from the seasonally saturated soils(or from bedrock)and the bottom of the proposed infiltration system. Calculations and computer model results that demonstrate the design adequacy of the infiltration system must be included as part of the SWPPP. g. Adequate maintenance access must be provided(typically 8 ft. wide) along with a maintenance plan identifying whom will be perfornung future maintenance of the infiltration � or filtration system. �I h. Use of designed infiltration systems from industrial areas with exposed significant materials I or from vehicle fueling and maintenance areas is prohibited. 'i 3. Regional Ponds �I� Regional ponds can be used provided that they are constructed ponds, not a natural wetland or 'I waterbody, (wetlands used as regional ponds must be mitigated for, see Appendix A) and designed in accordance with this permit's design requirements (see Part III.C.1) for all water from impervious surfaces that reach the pond. Permittees shall not construct regional ponds in � wetlands, regardless of their condition,quality or designation by local plans,unless the mitigative sequence in Appendix A. D.2 of this permit has been completed. There must be no significant degradation of the waterways between the project and the regional pond. The owner I must obtain written authorization from the applicable local governmental unit(LGU) or private , entity that owns and maintains the regional pond. The LGU's or private entity's written II wq-strm2-51 I Page 12 of 26 � � Permit No: MN R100001 authorization must identify that the regional pond will discharge the water quality volume('/z inch of runoff from the impervious watershed area) at no more than 5.66 cfs per acre of surface area of the pond. The owner must include the LGU's or private entity's written authorization in the SWPPP. The LGU's or private entity's written authorization must be obtained before the owner finalizes the SWPPP and before any application for this permit is made to the MPCA. 4. Combination of Practices A combination of practices, including those required by a LGU,which meet the requirements of Part III.C.1, 2 and 3 respectively, (i.e., wet sedimentation basins,in�ltration/filtration, and regional ponds)may be used such that the water quality volume of'h inch of runoff from the new impervious surfaces created by the project is accounted for in the owner's permanent storm water management system(e.g., '/a inch infiltrated and'/a inch treated through a wet sedimentation basin). If any combination of these practices is used,the SWPPP must contain documentation(e.g., LGU or private entity's authorization, infiltration computer model results or calculations,etc.)identifying the volume that each practice addresses. 5. Alternative Method Where an alternative, innovative treatment system is proposed and demonstrated by calculation, design or other independent methods to achieve approximately 80% removal of total suspended solids on an annual average basis,the Commissioner will approve the method if the process outlined in Part II.B.3.c. is completed, and the following information is submitted: a. All calculations, drainage azeas,plans,and specifications for the proposed alternative method and a graphic representation of the area to be served by the method. These items must be included in the SWPPP and submitted to the MPCA at least 90 days prior to the proposed starting date of the construction activity. b. A 2 year monitoring plan to sample runoff from the proposed method. The plan must include a discussion of the methods used to collect samples,location where samples will be taken (upstream and downstream of the proposed method), frequency of samples(minimum of six runoff events sampled), identify lab used to analyze the samples and quality assurance and quality control methods to be used. The plan must include a schedule for submitting the monitoring data annually. c. A mitigation plan that addresses how the water quality volume will be treated in the event that the monitoring data shows the proposed alternative treatment method does not function as designed. d. The alternative method must achieve approximately 80% removal of total suspended solids on an average annual basis for the conditions expected at the site. The design must also consider public safety, health and water quality concerns. Proprietary information on effectiveness will not be considered for alternative treatment method review and approval. No construction activity on the project is covered under this permit until the applicant receives an alternative treatment approval letter from the MPCA as described in Part II.B3.c. D. RECORD RETENTION wq-svmz-s 1 Page 13 of 26 , Pernut No: MN R100001 ' The SWPPP,aII changes to it, and inspections and maintenance records must be kept at the site during construction by the Permittee who has operational control of that portion of the site. The SWPPP can be kept in either the field office or in an on site vehicle. All owner(s) must keep the SWPPP, along with the following additional records,on file for three years after submittal of the NOT as outlined in Part II.C. This does not include any records after submittal of the NOT. 1. Any other pernuts required for the project; 2. Records of all inspection and maintenance conducted during construction(see Part IV.E. Inspections and Maintenance); 3. All permanent operation and maintenance agreements that have been implemented, including all right of way, contracts,covenants and other binding requirements regarding perpetual maintenance; and 4. All required calculations for design of the temporary and permanent storm water management systems. ' PART IV. CONSTRUCTION ACTIVITY REQUIREMENTS A. STORM WATER POLLUTION PREVENTION PLAN The Permittee(s) must implement the SWPPP and the requirements of this part. The Best Management Practices (BMPs)identified in the SWPPP and in this permit must be installed in an appropriate and functional manner. B. EROSION PREVENTION PRACTICES 1. The Permittee(s) must plan for and implement appropriate construction phasing, vegetative buffer strips, horizontal slope grading, and other construction practices that minimize erosion, so that the inspection and mamtenance requirements of Part N.E. are complied with. The location of areas not to be disturbed must be delineated (e.g. with flags, stakes, signs, silt fence etc.) on the development site before work begins. 2. All exposed soil areas with a continuous positive slope within 2001ineal feet of a surface water, must have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Tvne of Slope Time (Maximum time an area can remain open when the area Steeper than 3:1 7 days is not actively being worked.) 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes,and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet,temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Temporary stockpiles without significant silt, clay or organic components(e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles)are exempt from this requirement but must comply with Part N.C.S. wq-strm2-51 Page 14 of 26 Pern�►it No: MN R100001 3. The normal wetted perimeter of any temporary or permanent drainage ditch that drains water from a construction site, or diverts water around a site, must be stabilized within 200 lineal feet from the property edge,or from the point of discharge to any surface water. Stabilization must be completed within 24 hours of connecting to a surface water. 4. Pipe outlets must be provided with temporary or permanent energy dissipation within 24 hours of connection to a surface water. C. SEDIMENT CONTROL PRACTICES 1. Sediment control practices must minimize sediment from entering surface waters, including curb and gutter systems and storm sewer inlets. a. Temporary or permanent drainage ditches and sediment basins that are designed as part of a treatment system(e.g., ditches with rock check dams) require sediment control practices only as appropriate for site conditions. b. If the down gradient treatment system is overloaded,additional upgradient sediment control practices must be installed to eliminate the overloading, and the SWPPP must be amended to identify these additional practices as required in Part III.A.4, a. through c. c. In order to maintain sheet flow and minimize rills and/or gullies,there shall be no unbroken slope length of greater than 75 feet for slopes with a grade of 3:1 or steeper. 2. Sediment control practices must be established on all down gradient perimeters before any upgradient land disturbing activities begin. These practices shall remain in place until�nal stabilization has been established in accordance with Part IV.G. 3. The timing of the installation of sediment control practices may be adjusted to accommodate short-term activities such as clearing or grubbing, or passage of vehicles. Any short-term activity must be completed as quickly as possible and the sediment control practices must be installed immediately after the activity is completed. However, sediment control practices must be installed before the next precipitation event even if the activity is not complete. 4. All storm drain inlets must be protected by appropriate BMPs during construction until all sources with potential for discharging to the inlet have been stabilized. 5. Temporary soil stockpiles must have silt fence or other effective sediment controls, and cannot be placed in surface waters, including storm water conveyances such as curb and gutter systems, or conduits and ditches. 6. Vehicle tracking of sediment from the construction site must be minimized by BMPs such as stone pads,concrete or steel wash racks,or equivalent systems. Street sweeping must be used if such BMPs are not adequate to prevent sediment from being tracked onto the street(see Part IV.E.4.d.). 7. The Permittee must install temporary sedimentation basins as required in Part III.B. of this permit. D. DEWATERING AND BASIN DRAINING Wq-S�2-s� Page 15 of 26 Permit No: MN R100001 1. Dewatering or basin draining(e.g.,pumped discharges,trench/ditch cuts for drainage)related to the construction activity that may have turbid or sediment laden discharge water must be � discharged to a temporary or permanent sedimentation basin on the project site whenever j possible. If the water cannot be discharged to a sedimentation basin prior to entering the surface water,it must be treated with the appropriate BMPs, such that the discharge does not adversely affect the receiving water or downstream landowners. The Permittee(s) must ensure that discharge points are adequately protected from erosion and scour. The discharge must be dispersed over natural rock riprap, sand bags,plastic sheeting or other accepted energy dissipation measures. Adequate sedimentation control measures are required for discharge water that contains suspended solids. 2. All water from dewatering or basin draining activities must be discharged in a manner that does not cause nuisance conditions,erosion in receiving channels or on downslope properties, or inundation in wetlands causing signi�cant adverse impact to the wetland. E. INSPECTIONS AND MAINTENANCE 1. The Permittee(s)(either the owner or operator, whoever is identified in the SWPPP)must routinely inspect the construction site once every seven (7)days during active construction and within 24 hours after a rainfall event greater than 0.5 inches in 24 hours. 2. All inspections and maintenance conducted during construction must be recorded in writing and these records must be retained with the SWPPP in accordance with Part III.D. Records of each inspection and maintenance activity shall include: a. Date and time of inspections; b. Name of person(s)conducting inspections; c. Findings of inspections,including recommendations for corrective actions; d. Corrective actions taken(including dates, times, and party completing maintenance activities); e. Date and amount of all rainfall events greater than 1/2 inch(0.5 inches)in 24 hours; and f. Documentation of changes made to the SWPPP as required in Part III.A.4. 3. Where parts of the construction site have undergone final stabilization,but work remains on other parts of the site, inspections of the stabilized areas may be reduced to once per month. Where work has been suspended due to frozen ground conditions,the required inspections and maintenance must take place as soon as runoff occurs at the site or prior to resuming construction, whichever comes first. 4. All erosion prevention and sediment control BMPs must be inspected to ensure integrity and effectiveness. All nonfunctional BMPs must be repaired,replaced, or supplemented with functional BMPs. The Permittee(s)must investigate and comply with the following inspection and maintenance requirements: a. All silt fences must be repaired,replaced,or supplemented when they become nonfunctional or the sediment reaches 1/3 of the height of the fence. These repairs must be made within 24 hours of discovery, or as soon as field conditions allow access. wq-suTn2-sl Page 16 of 26 Permit No: MN R100001 b. Temporary and permanent sedimentation basins must be drained and the sediment removed when the depth of sediment collected in the basin reaches 1/2 the storage volume. Drainage and removal must be completed within 72 hours of discovery,or as soon as field conditions allow access (see Part N.D.). c. Surface waters,including drainage ditches and conveyance systems, must be inspected for evidence of sediment being deposited by erosion. The Permittee(s) must remove all deltas and sediment deposited in surface waters, including drainage ways,catch basins,and other drainage systems, and restabilize the areas where sediment removal results in exposed soil. The removal and stabilization must take place within seven(7) days of discovery unless precluded by legal,regulatory, or physical access constraints. The Permittee shall use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven (7)calendar days of obtaining access. The Permittee is responsible for contacting all local,regional, state and federal authorities and receiving any applicable pernuts, prior to conducting any work. d. Construction site vehicle exit locations must be inspected for evidence of off-site sediment tracking onto paved surfaces. Tracked sediment must be removed from all off-site paved surfaces,within 24 hours of discovery, or if applicable,within a shorter time to comply with Part N.C.6. e. The Permittee(s)are responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as all erosion prevention and sediment control BMPs,for the duration of the construction work at the site. The Permittee(s) are responsible until another Permittee has assumed control according to Part II.B.S over all • areas of the site that have not been finally stabilized or the site has undergone final stabilization, and a NOT has been submitted to the MPCA. f. If sediment escapes the construction site, off-site accumulations of sediment must be removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g., fugitive sediment in streets could be washed into storm sewers by the next rain and/or pose a safety hazard to users of public streets). 5. All infiltration areas must be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction due to construction equipment driving across the infiltration area. F. POLLUTION PREVENTION MANAGEMENT MEASURES The Permittee(s) shall implement the following pollution prevention management measures on the site: 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris,paper,plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills,leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. wq-strm2-51 Page 17 of 26 Pernut No: MN R100001 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. G. FINAL STABILIZATION 1fie Permittee(s) must ensure final stabilization of the site. The Permittee(s)must submit a NOT within 30 days after final stabilization is complete, or another owner/operator(Permittee)has assumed control according to Part II.B.S over all areas of the site that have not undergone final stabilization. Final stabilization can be achieved in one of the following ways: 1. All soil disturbing activities at the site have been completed and all soils must be stabilized by a uniform perennial vegetative cover with a density of 70 percent over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions and; ' a. All drainage ditches,constructed to drain water from the site after construction is complete, ', must be stabilized to preclude erosion; b. All temporary synthetic, and structural erosion prevention and sediment control BMPs (such as silt fence) must be removed as part of the site�nal stabilization; and c. The Permittee(s) must clean out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be stabilized to prevent it from being washed back into the basin, conveyances or drainageways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. 2. For residential construction only,�nal stabilization has been achieved when temporary erosion protection and down gradient perimeter control for individual lots has been completed and the residence has been transferred to the homeowner. Additionally,the Permittee must distribute the MPCA"homeowner factsheet"to the homeowner to inform the homeowner of the need for, and benefits of, final stabilization. PART V. GENERAL PROVISIONS A. APPLICABILTTY CRITERIA l. If the Commissioner determines that storm water discharges associated with a construction activity are contributing to a violation of a water quality standard or would be more appropriately regulated by an individual pernut,the Commissioner may require the owner to be covered by an individual storm water discharge pernut. The Commissioner may require the owner to develop and implement specific BMPs and monitor the discharge from the site. If applicable,upon issuance of an individual permit, this general pernut would no longer apply. 2. If the terms and conditions of this general pernut cannot be met,an owner may request an individual permit,in accordance with Minn. R. 7001. B. RESPONSE The SWPPP, including all certificates,reports, records, or other information required by this pernut, must be made available to federal, state, and local officials within 72 hours upon request for the Wq-sc�z-s� � f • I � Pa e 18 of 26 g Pernut No: MN R100001 duration of the permit and for three years following the NOT. This does not include any records after submittal of the NOT. C. PROHIBITIONS This pernut prohibits discharges of any material other than storm water,and discharges from dewatering or basin draining activities in accordance with Part N.D.1 and 2. For example, prohibited discharges include but are not limited to vehicle and equipment washing, maintenance spills,wash water, and discharges of oil and other hazardous substances. D. TRANSFER OF OWNERSHIP OR CONTROL This pemut may not be assigned or transferred by the permit holder except when transfer occurs in accordance with the applicable requirements of Part II.B.S. E. CNIL AND CRIMINAL LIABILITY Nothing in this permit must be construed to relieve the Permittee(s) from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this pernut must be construed to preclude the initiation of any legal action or relieve the Permittee(s)from any responsibilities,liabilities, or penalties to which the Permittee(s) is or may be subject to under Section 311 of the Act and Minn. Stat.chs. 115 and 116, as amended. The Permittee(s) are not liable for pernut requirements for activities occurring on those portions of a site where another party has submitted a subdivision short form registration as described in Part II. B.5 or a NOT has been issued by the MPCA except for responsibilities listed under Part III.C.S if applicable. F. SEVERABILITY The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances,is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby. G. NPDES/SDS RULE STANDARD CONDTI'IONS The Permittee(s)must comply with the provisions of Minn. R.7001.0150, subp. 3 and 7001.1090, subp. 1.A,B,C,H,I. This permit does not require the submittal of a data monitoring report,except where monitoring is required in Part III.C.S. H. INSPECTION AND ENTRY The Permittee(s)must comply with the provisions of 40 CFR 122.41(i),Minn. Stat. Ch. 115.04 and Minn. Stat. Ch. 115B.17. The Permittee(s)shall allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it,upon presentation of credentials, to enter upon any property,public or private,for the purpose of obtaining information or examination of records or conducting surveys or investigations. APPENDIX A A. GENERAL REQUIREMENTS All requirements in this Appendix are in addition to BMPs already specified in the pernut. Where provisions of Appendix A conflict with requirements elsewhere in the permit,the provisions in Wq-sc�,2-si , , • � Page 19 of 26 Pernut No: MN R 100001 Appendix A take precedence. All BMPs used to comply with this Appendix must be documented in the SWPPP for the project. If the terms and conditions of this Appendix cannot be met, an individual pernut will be required in accordance with Minn. R. ch. 7001. B. REQUIREMENTS FOR DISCHARGES TO SPECIAL WATERS Additional BMPs together with enhanced runoff controls,are required for discharges to the following special waters (part B.1 through B.8 of Appendix A). The BMPs identified for each special water are required for those areas of the project draining to a discharge point on the project that is within 2000 I feet of a special water and flows to that special water. 'I 1. Wilderness areas: Boundary Waters Canoe Area Wilderness;Voyageurs National Park; Kettle River from the site of the former dam at Sandstone to its confluence with the Saint Croix River; Rum River from Ogechie Lake spillway to the northernmost confluence with Lake Onamia. Dischazges to these waters must incorporate the BMPs outlined in C1, C.2, C.3 and C.4 of this appendix. 2. Mississippi River: Those portions from Lake Itasca to the southerly boundary of Momson County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981. Discharges to these waters must incorporate the BMPs outlined in C.1, C.2 and C3 of this appendix. 3. Scenic or recreational river segments: Saint Croix river, entire length;Cannon River from northern city limits of Faribault to its confluence with the Mississippi River;North Fork of the Crow River from Lake Koronis outlet to the Meeker-Wright county line; Kettle River from north Pine County line to the site of the former dam at Sandstone; Minnesota River from Lac qui Parle dam to Redwood County state aid highway 11; Mississippi River from county state aid highway 7 ' bridge in Saint Cloud to northwestern city limits of Anoka; and Rum River from state aid Highway 27 bridge in Onamia to Madison and Rice streets in Anoka. Discharges to these waters must incorporate the BMPs outlined in C.1,C.2 and C3 of this appendix. 4. Lake Superior: (prohibited and restricted)Discharges to Lake Superior must incorporate the BMPs outlined in C.1, C2 and C.3 of this appendix. 5. Lake Trout Lakes: Identified in Minn. R. 7050.0470, including those inside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. Discharges to these waters must incorporate the BMPs outlined in C.1,C.2, C.3 and C.4 of this appendix. 6. Trout Lakes: identified in Minn. R. 626d.0050, subp. 2. Discharges to these waters must incorporate the BMPs outlined in C.1, C.2, C.3, and C.4 of this appendix. 7. Scienti�c and natural areas: Boot Lake,Anoka County; Kettle River in sections 15, 22,23,T 41 N, R 20, Pine County;Pennington Bog, Beltrami County; Purvis Lake-Ober Foundation,Saint Louis County; Waters within the borders of Itasca Wilderness Sanctuary, Clearwater County; Iron Springs Bog, Clearwater County; Wolsfeld Woods,Hennepin County; Green Water La1ce, Becker County;Blackdog Preserve, Dakota County;Prairie Bush Clover,Jackson County; Black Lake Bog, Pine County;Pembina Trail Preserve, Polk County; and Falls Creek,Washington County. Discharges to these waters must incorporate the BMPs outlined in C.1,C.2,C.3 and C.4 of this appendix. 8. Trout Streams: listed in Minn. R. 6264.0050, subp.4. Discharges to these waters must incorporate the BMPs outlined in Appendix A C.l,C.2,C.3,and C.5 of this appendix. Wq-S�z-si Page 20 of 26 Permit No: MN R100001 C. ADDITIONAL BMPS FOR SPECIAL WATERS For the BMPs described in C2,C.4 and C.5 of this Appendix: Where the proximity to bedrock precludes the installation of any of the permanent storm water management practices outlined in Appendix A, other treatment such as grassed swales, smaller ponds, or grit chambers is required prior to discharge to surface waters. For work on road projects where the lack of right of way precludes the installation of any of the permanent storm water management practices outlined in Appendix A,other treatment such as grassed swales, smaller ponds, or grit chambers is required prior to discharge to surFace waters. 1. During construction. a. All exposed soil areas with a slope of 3:1 or steeper, that have a continuous positive slope to a special water must have temporary erosion protection or permanent cover within 3 days after the area is no longer actively being worked. All other slopes that have a continuous positive slope to a special water must have temporary erosion protection or permanent cover within 7 days after the area is no longer actively being worked. b. Temporary sediment basin requirements described in Part III.B.1-5 must be used for common drainage locations that serve an area with five (5) or more acres disturbed at one time. 2. Post construction. The water quality volume that must be treated by the project's permanent storm water management system described in Part III.C. shall be one (1) inch of runoff from the new impervious surfaces created by the project. 3. Buffer zone. An undisturbed buffer zone of not less than 1001inear feet from the special water (not including tributaries) shall be maintained at all times. Exceptions from this requirement for areas, such as water crossings or limited water access, are allowed if the Permittee fully documents in the SWPPP the circumstances and reasons that the buffer encroachment is necessary. All potential water quality, scenic and other environmental impacts of these exceptions must be minimized and documented in the SWPPP for the project. 4. Enhanced runoff controls. The permanent storm water management system must be designed such that the pre and post project runoff rate and volume from the 1, and 2-year 24-hour precipitation events remains the same. 5. Temperature Controls. The permanent storm water management system must be designed such that the discharge from the project will minimize any increase in the temperature of trout stream receiving waters resulting from the 1, and 2-year 24-hour precipitation events. This includes all tributaries of designated trout streams within the section that the trout stream is located. Projects that discharge to trout streams must minimize the impact using one or more of the following measures,in order of preference: a. Minimize new impervious surfaces. b. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass swales, and through the use of other non-structural controls. c. Infiltration or evapotranspiration of runoff in excess of pre-project conditions (up to the 2- year 24-hour precipitation event). wq-strm2-51 � . � � Page 21 of 26 Pemut No: MN R100001 d. If ponding is used, the design must include an appropriate combination of ineasures such as � shading, filtered bottom withdrawal,vegetated swale discharges or constructed wetland ', treatment cells that will limit temperature increases. The pond should be designed to draw �I down in 24 hours or less. I e. Other methods that will minimize any increase in the temperature of the trout stream. D. REQUIREMENTS FOR DISCHARGING TO WETLANDS If the project has any storm water discharges with the potential for significant adverse impacts to a wetland(e.g., conversion of a natural wetland to a storm water pond) ,the Permittee(s) must demonstrate that the wetland mitigative sequence has been followed in accordance with D.1 or D2 of this appendix. 1. If the potential adverse impacts to a wetland on a specific project site have been addressed by pernuts or other approvals from an official statewide program(U.S.Army Corps of Engineers 404 program,Minnesota Department of Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued specifically for the project and project site,the Permittee may use the pernvt or other determination issued by these agencies to show that the potential adverse impacts have been addressed. For the purposes of this pernut,deminimus actions are determinations by the permitting agency that address the project impacts, whereas a non- jurisdictional determination does not address project impacts. 2. If there are impacts from the project that are not addressed in one of the pernuts or other determinations discussed in Appendix A, Part D.1 (e.g., permanent inundation or flooding of the wetland, significant degradation of water quality,excavation,filling, draining),the Permittee must minimize all adverse impacts to wetlands by utilizing appropriate measures. Measures used must be based on the nature of the wetland, its vegetative community types and the established ' hydrology. These measures include in order of preference: a. Avoid all significant adverse impacts to wetlands from the project and post project discharge. b. Minimize any unavoidable impacts from the project and post project discharge. c. Provide compensatory mitigation when the Permittee deternunes that there is no reasonable and practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation, wetland restoration or creation shall be of the same type, size and whenever reasonable and practicable in the same watershed as the impacted wetland. E. DISCHARGES REOUIRING ENVIRONMENTAL REVIEW This pernut does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act(MEPA) or the National Environmental Policy Act(NEPA). The owner must complete any environmental review required by law, including any required Environmental Assessment Work Sheets or Environmental Impact Statements, Federal environmental review, or other required review. F. DISCHARGES AFFECTING ENDANGERED OR THREATENED SPECIES This permit does not replace or satisfy any review requirements for Endangered or Threatened species, from new or expanded discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species or adversely modify a designated critical habitat. The Wq-5��2-si . Page 22 of 26 Pernut No: MN R 100001 owner must conduct any required review and coordinate with appropriate agencies for any project with the potential of affecting threatened or endangered species, or their critical habitat. G. DISCHARGES AFFECTING HISTORIC PLACES OR ARCHEOLOGICAL STTES This pernut does not replace or satisfy any review requirements for Historic Places or Archeological Sites,from new or expanded discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered Archeological Sites. The owner must be in compliance with National Historic Preservation Act and conduct all required review and coordination related to historic preservation,including significant anthropological sites and any burial sites,with the Minnesota Historic Preservation Officer. APPENDIX B. DEFINITIONS 1. "Best Management Practices(BMPs)" means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling,preventing, and minimizing degradation of surface water, including avoidance of impacts,construction-phasing, minimizing the length of time soil areas are exposed,prohibitions, and other management practices published by state or designated area-wide planning agencies. Individual BMPs found in this permit are described in the current version of Protecting Water uali in Urban Areas,Minnesota Pollution Control Agency 2000. BMPs must be adapted to the site and can be adopted from other sources. However, they must be similar in purpose and at least as effective and stringent as MPCA's BMPs. (Other sources include manufacturers specifications, Storm Water Management for Construction Aetivities: Developin�Pollution Prevention Plans and Best Management Practices, U.S.Environmental Protection Agency 1992, and Erosion Control Design Manual,Minnesota Department of Transportation,et al, 1993). 2. "Commissioner" means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner's designee. 3. "Common Plan of Development or Sale"means a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules,but under one proposed plan. One plan is broadly defined to include design, pernut application, advertisement or physical demarcation indicating that land-disturbing activities may occur. 4. "Construction Activity" For this permit,construction activity includes construction activity as defined in 40 C.F.R.part 12226(b)(14)(x) and small construction activity as defined in 40 C.F.R. part 12226(b)(15). Tfiis includes a disturbance to the land that results in a change in the topography, existing soil cover(both vegetative and non-vegetative), or the existing soil topography that may result in accelerated storm water runoff,leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one(1) acre or more. 5. "Dewatering"means the removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry andlor solidify a construction site. It may require Minnesota Department of Natural Resources permits to be appropriated and if contaminated may require other MPCA permits to be discharged. Wq-scm,z-51 � • ' {� y II - , . Page 23 of 26 Pernut No: MN R100001 6. "Energy Dissipation" means methods employed at pipe outlets to prevent erosion. Examples , include,but are not limited to:concrete aprons,riprap, splash pads,and gabions that are designed to , prevent erosion. ' 7. "Erosion Prevention"means measures employed to prevent erosion including but not limited to: soil I� stabilization practices, limited grading,mulch,temporary or permanent cover, and construction phasing. 8. "Final Stabilization" means that either: a. All soil disturbing activities at the site have been completed and a uniform(e.g.,evenly distributed, without large bare areas)perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures,or equivalent permanent stabilization measures(such as the use of riprap, gabions, or geotextiles)have been employed; b. For individual lots in residential construction by either: (a)The homebuilder completing�nal stabilization as specified above, or(b) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and infornung the homeowner of the need for, and benefits of,final stabilization. (Homeowners typically have an incentive to put in the landscaping functionally equivalent to �nal stabilization as quick as possible to keep mud out of their homes and off sidewalks and driveways.);or c. For construction projects on land used for agricultural purposes (e.g.,pipelines across crop or range land) �nal stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the�nal stabilization criteria in (a) or(b) above. 9. "General Contractor" means the party who signs the construction contract with the owner to construct the project described in the final plans and specifications. Where the construction project involves more than one contractor,the general contractor will be the party responsible for managing the project on behalf of the owner. In some cases, the owner may be the general contractor. In these cases,the owner may contract an individual as the operator who would become the Co- Permittee. 10. "Homeowner Factsheet"means a fact sheet developed by the MPCA to be given to homeowners at the time of sale by a builder to inform the homeowner of the need for, and benefits of,final stabilization. 11. "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios,driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. 12. "National Pollutant Discharge Elimination System (NPDES)" means the program for issuing, modifying,revoking,reissuing, terminating,monitoring, and enforcing permits under the Clean Water Act(Sections 301, 318,402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.. wq-strm2-51 . .. . . . , , Page 24 of 26 Pemut No: MN R100001 13. "Normal Wetted Perimeter"means the area of a conveyance, such as a ditch,channel, or pipe that is in contact with water during flow events that are expected to occur once every year. 14. "Notice of Termination" means notice to terminate coverage under this permit after construction is complete,the site has undergone final stabilization, and maintenance agreements for all permanent facilities have been established, in accordance with all applicable conditions of this pernut. Notice of Termination forms are available from the MPCA. 15. "Operator"means the person(usually the general contractor), designated by the owner, who has day to day operational control and/or the ability to modify project plans and specifications related to the SWPPP. The person must be knowledgeable in those azeas of the permit for which the operator is responsible, (Part II.B. and Part IV.) and must perform those responsibilities in a workmanlike manner. 16. "Owner" means the person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease holder, the party or individual identified as the lease holder; or the contracting government agency responsible for the construction activity. 17. "Permanent Cover" means�nal stabilization. Examples include grass, gravel, asphalt, and concrete. 18. "Permittee" means a person or persons,firm, or governmental agency or other institution that signs the application submitted to the MPCA and is responsible for compliance with the terms and conditions of this pernut. 19. "Saturated Soil"means the highest seasonal elevation in the soil that•is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information. 20. "Sediment Control" means methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 21. "Small Construction Activity" means small construction activity as defined in 40 C.F.R. part 122.26(b)(15) . Small construction activities include clearing, grading and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity includes the disturbance of less than one(1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five (5)acres. 22. "Stabilized" means the exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap,wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. 23. "Standard Plates" means general drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. 24. "Storm water" is defined under Minn. R. 7077.0105, subp. 41(b),and includes precipitation runoff, storm water runoff, snow melt runoff,and any other surface runoff and drainage. wq-strm2-51 . � � � Page 25 of 26 Permit No: MN R100001 25. "Storm Water Po1luNon Prevention Plan"means a plan for storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. 26. "Surface Water or Waters"means all streams, lakes,ponds,marshes,wetlands,reservoirs, springs, rivers,drainage systems, waterways, watercourses, and irrigation systems whether natural or arti�cial, public or private. 27. "Temporary Erosion Protection" means methods employed to prevent erosion. Examples of temporary cover include; straw, wood fiber blanket, wood chips,and erosion netting. 28. "Underground Waters"means water contained below the surFace of the earth in the saturated zone including, without limitation, all waters whether under confined,unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. The term ground water shall be synonymous with underground water. 29. "Waters of the State" (as defined in Minn. Stat. § 115.01, subd. 22) means all streams, lakes,ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground,natural or artificial, public or private,which are contained within,flow through, or border upon the state or any portion thereof. 30. "Water Quality Volume"means '/z inch of runoff from the new impervious surfaces created by this project and is the volume of water to be treated in the permanent storm water management system, as required by this pemut except as provided in Appendix A.C.2. 31. "Wetland"or"Wetlands"is defined in Minn. R.7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,marshes,bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: a. A predominance of hydric soils; b. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and c. Under normal circumstances support a prevalence of such vegetation. Wq-Sc�2-si