SDEIS Appendix B Attachment 2 for the Tri-Lakes Reliability Project

Pursuant to Section 402 of the Clean Water Act (“CWA”), stormwater discharges from certain construction activities to waters of the United States[1]are unlawful unless they are authorized by a NPDES (National Pollutant Discharge Elimination System) permit or by a state permit program. New York’s SPDES (State Pollutant Discharge Elimination System) is a NPDES-approved program with permits issued in accordance with the Environmental Conservation Law (“ECL”). Discharges of pollutants to all other “Waters of New York State” such as groundwaters are also unlawful unless they are authorized by a SPDES permit.

A discharger, owner, or operator may [2]obtain coverage under this general permit by submitting a Notice of Intent ("NOI") to the Department. Copies of this General Permit and the NOI for New York are available by calling (518) 402-8109 or at any Department of Environmental Conservation (the Department) regional office (see Appendix A on Page 23). They are also available on the Department’s website at:

www.dec.state.ny.us

Local Programs of a Regulated MS4

Under the federal Phase II stormwater program, many cities, villages, towns, and other public entities in New York State which are located within “Urbanized Areas” as defined by the

U.S. Census and who operate a Municipal Separate Storm Sewer System (“MS4”) will be required to obtain SPDES permit coverage for stormwater discharges under their jurisdiction and control (see 40CFR Part 122 §122.26.32). Additionally, MS4s may be designated by the Department as regulated MS4s. Among other requirements, the Phase 2 NPDES stormwater regulations require regulated MS4s to address stormwater runoff from construction activities. Construction activities covered under this general permit, which are subject to stormwater runoff controls of a regulated MS4, will also need to comply with the MS4's controls.

Five (5) Day Coverage

Prior to the submission of an NOI, the owner or operator must have completed a Storm Water Pollution Prevention Plan (SWPPP) that complies with all requirements of this general permit. Submitting an NOI is an affirmation that a SWPPP has been prepared and will be implemented. If an applicant certifies that the SWPPP has been developed in conformance with the Department’s technical standards, the applied-for activity may obtain coverage under this general permit in five (5) business days after the Department’s receipt of the NOI provided, that the activity is eligible for coverage under this general permit and that the Department has not informed the applicant otherwise.

Sixty (60) Day Coverage

While the Department’s technical standards are appropriate statewide, it is recognized that there may be situations where stormwater management goals can best be met by alternative means that are more suitable given local conditions.

For construction projects in these situations, applicants must identify in their NOI each of the deviations from the Department’s technical standards that they are seeking. Applicants must also explain why the deviations are needed or desired and what impacts to water quality, if any, can be expected if the deviation were allowed. Applicants must also explain the actions, if any, that local board(s) have taken with respect to the deviation(s). For applicants which cannot certify conformance with the Department’s technical standards, the SWPPP must also be certified by a licensed/certified professional that the SWPPP has been developed in a manner which will insure compliance with water quality standards and with the substantive intent of this permit.

In cases of deviations from the Department’s technical standards, applicants must allow sixty (60) business days after the receipt by the Department of a completed NOI and certification before gaining coverage under this general permit and before initiating any construction activity. During this 60 day period, the Department may conduct further review of the NOI and SWPPP. If additional information is needed to complete the review, the NOI will be considered incomplete and the applicant will be so advised. The intent of this provision is to require conformance the Department’s technical standards wherever possible and appropriate. At the same time, alternative means to address stormwater control may be allowed under this general permit where they are more suitable for the site in question and where they will not diminish water quality protection.

There are other scenarios under which coverage under this general permit will not occur until 60 business days from the receipt of a completed NOI. For example, if the construction activity or post construction runoff causes the discharge of a pollutant of concern to a water identified on the 303(d) list or a watershed with an approved TMDL for that pollutant of concern, coverage under the general permit will not occur until sixty (60) business days from the receipt by the Department of a completed NOI. For these projects the operator may be required to submit the SWPPP and/or appropriate certification(s) to the Department for review. The flowchart shown in Figure 1 on page vi will help to describe the process under which certain conditions exist that require possible further analysis and water quality/quantity considerations.

Computer Tool Available For Completion of SWPPPs and NOIs Under Development

The Department is currently developing an interactive computer software tool entitled “How to Prepare SWPPPs and Notices of Intent” to assist applicants in both developing SWPPPs and completing NOIs. This will be available in the near future for use on the Department website as well as being packaged independently on compact discs. This tool will contain guidance as well as many useful links to reference materials and documents concerning erosion and sedimentation control, as well as to the design of stormwater management practices . The Department’s website will contain the latest information and guidance on the various tools available.

The Department’s Technical Standards

The Department’s technical standards for erosion and sediment control are contained in the document, “New York Standards and Specifications for Erosion and Sediment Control”[3]published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of water quantity and water quality controls (post-construction stormwater control practices), the Department’s technical standards are detailed in the “New York State Stormwater Management Design Manual.” Both of these documents are available on the Department’s website. If an applicant certifies that stormwater management practices will conform to the Department’s technical standards, then coverage under the permit may occur sooner than otherwise would be the case if non-conformance with the manuals existed. See Figure 1 on page vi for more information.

Permit Valid for Any Size Disturbance

This permit may be used for construction activities involving any amount of disturbed acreage, provided that all other eligibility conditions in subsection B of Part I are satisfactorily met (see page 2 of this permit). Thus, this permit may apply to activities identified under 40 CFR Part 122, subsection 122.26(b)(14)(x) which are also referred to as “NPDES Phase 1 construction activities” involving soil disturbances of five (5) acres or more. This permit may also apply to activities identified under 40 CFR Part 122, subsection 122.26(b)(15) which are also referred to as “NPDES Phase 2 small construction activities” involving soil disturbances of between one (1) and five (5) acres. And, this permit may also apply to construction activities involving soil disturbances of less than one (1) acre if the Department determines that a SPDES permit is required pursuant to the ECL. In any and all cases, all of the eligibility provisions of this general permit must be met in order to gain coverage.

Notice of Termination

After construction is completed as defined in the general permit (see Part II beginning on Page 7), cancellation of coverage is accomplished by the submittal of a Notice of Termination (“NOT”). Failure to submit a NOT may result in the continued obligation to pay a yearly Regulatory Fee established pursuant to Article 72 of the ECL and/or may be cause for suspension of permit coverage.

Previous versions of NOIs, NOTs and Notices of Intent, Transfer and Termination (“NOITT”s) cannot be used in conjunction with this general permit. There is a new NOI required for obtaining coverage under this general permit. Failure to include information identified as “mandatory” entries on the new NOI form may prevent and/or delay discharge authorization being sought under this permit.

The new NOT will also include an identification of any permanent structures that are being left on the site after stabilization occurs and after termination of permit coverage under this general permit. The NOT will also include a certification that the structures were constructed as described in the SWPPP and that an Operation and Maintenance (“O&M”) manual has been prepared and has been made available to the owner of such permanent structures who is expected to conduct the necessary O&M over the life of the structure(s).

Ineligible Activities

The submittal of a completed NOI and/or the payment of an annual regulatory fee by an applicant does not necessarily mean that an applicant is covered under this permit if the applicant is ineligible for coverage under this permit under the terms cited in Part I of this permit. In other words, submitting a completed NOI and paying an annual regulatory fee does not automatically gain an applicant permit coverage if the applicant is ineligible for coverage under this permit even if the Department fails to immediately inform the applicant of such ineligibility.

Permit Expiration Date

Coverage under this general permit is available January 8, 2003 and will expire five (5) years after issuance on January 8, 2008.

Activities Previously Covered Under GP-93-06

In a separate proposal, the Department is also concurrently seeking to re-issue GP-93-06 with an expiration of August 1, 2003. The purpose of this action is to provide a transition period for permittees which have had SPDES permit coverage under GP-93-06 immediately prior to January 8, 2003, the effective date of GP-02-01. Prior to August 1, 2003, these activities will need to:

(1) stabilize their sites in accordance with GP-93-06 and submit an NOT; or, if necessary,

(2) gain coverage under GP-02-01 by submitting a new NOI.

For new construction activities, coverage under GP-93-06 will not be available after the effective date of GP-02-01, January 8, 2003. Such discharges may be eligible for coverage under GP-0201 (see Part I.B. on page 2 of this permit).

Water Quality Violations Not Permitted

This permit does not authorize any person to cause or contribute to a condition in contravention of any water quality standards that are contained in the Rules and Regulations of the State of New York (see Part I of this permit on page 2) even if the permittee is in compliance with all other provisions of this permit. Any violations of water quality standards may be considered by the Department to be violations of this permit and/or the ECL, including its accompanying regulations.

Other Department Permits

Construction activities may also require other Department permits in addition to the coverage provided by this general permit including, but not limited to, dam safety, wetlands and stream protection. Such other Department permits must be obtained separately from coverage under this general permit. Further information concerning these permits should be sought from the Regional Permit Administrator at the appropriate Department regional office (See Appendix A on page 23).

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES

FROM CONSTRUCTION ACTIVITIES

TABLE OF CONTENTS

Part I. COVERAGE UNDER THIS PERMIT (Page 2)

A. Maintaining Water Quality (Page 2)

B. Eligibility Under This General Permit (Page 2)

C. Activities Ineligible for Coverage Under This General Permit (Page 3)

D. Authorization Under This General Permit (Page 4)

E. Deadlines for Notification (Page 6)

Part II. TERMINATION OF COVERAGE (Page 7)

Part III. STORMWATER POLLUTION PREVENTION PLANS (“SWPPPs”)(Page 7)

A. General (Page 7)

1 SWPPP Preparation (Page 7)

2 SWPPP Implementation (Page 8)

3 Deadlines for SWPPP Preparation and Compliance (Page 8)

4 Local Involvement (Page 9)

5 Activities Previously Covered Under GP-93-06 (Page 9)

B. Signature and SWPPP Review (Page 9)

C. Keeping SWPPPs Current (Page 10)

D. General Contents of SWPPP (Page 10)

1 Standards for construction activities covered under this permit(Page 10)

2 Minimum SWPPP Components (Page 11)

3 Site Assessment and Inspections (Page 14)

4 Stabilization (Page 16)

5 Maintenance (Page 16)

E. Contractors (Page 17)

Part IV. MONITORING, REPORTING AND RETENTION OF RECORDS (Page 17)

Part V. STANDARD PERMIT CONDITIONS (Page 18)

A. Duty to Comply (Page 18)

B. Continuation of the Expired General Permit (Page 18)

C. Penalties for Violations of Permit Provisions (Page 18)

D. Need to Halt or Reduce Activity Not a Defense (Page 19)

E. Duty to Mitigate (Page 19)

F. Duty to Provide Information (Page 19)

G. Other Information (Page 19)

H. Signatory Requirements (Page 19)

I. Property Rights (Page 20)

J. Severability (Page 21)

K. Denial of Coverage Under This Permit (Page 21)

L. Proper Operation and Maintenance (Page 22)

M. Inspection and Entry (Page 22)

N. Permit Actions (Page 22)

APPENDIX A -List of NYS DEC Regional Offices (Page 23)

APPENDIX B -Information Required of Construction Activities Identified UnderPart I, subsection D.7. (Page 24)

Part I. COVERAGE UNDER THIS PERMIT

A. Maintaining Water Quality - It shall be a violation of this general permit and the Environmental Conservation Law (“ECL”) for any discharge authorized by this general permit to either cause or contribute to a violation of water quality standards as contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York including, but not limited to:

1 There shall be no increase in turbidity that will cause a substantial visible contrast to natural conditions;

2 There shall be no increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best usages; and

3 There shall be no residue from oil and floating substances, nor visible oil film, nor globules of grease.

B. Eligibility Under This General Permit

1 This permit may authorize all discharges of stormwater from construction activity^[4]to surface waters and groundwaters except for ineligible discharges identified under subparagraph C of this Part (see below). Discharge authorization under this permit requires the submittal of a completed NOI.

2 Except for non-stormwater discharges explicitly listed in the next paragraph, this permit only authorizes stormwater discharges from construction activities.

3 Notwithstanding paragraphs B.1 and B.2 above, the following nonstormwater discharges may be authorized by this permit: discharges from fire fighting activities; fire hydrant flushings; waters to which cleansers or other components have not been added that are used to wash vehicles or control dust in accordance with the SWPPP, routine external building washdown which does not use detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air conditioning condensate; springs; and foundation or footing drains where flows are not contaminated with process materials such as solvents. For those entities required to obtain coverage under this general permit, and who discharge as noted in this paragraph, and with the exception of flows from fire fighting activities, these discharges must be identified in the SWPPP(see Part III beginning on Page 7). Under all circumstances, the permittee must still comply with water quality standards (see Part I, subsection A on Page 2).

C. Activities Which Are Ineligible for Coverage Under This General Permit - All of the following stormwater discharges from construction activities are not authorized by this permit:

1 Discharges after construction activities have been completed and the site has undergone final stabilization [5];

2 Discharges that are mixed with sources of non-stormwater other than those expressly authorized under subsection B.3. of this Part (see page 3) and identified in the SWPPP required by this permit;

3 Discharges that are subject to an existing SPDES individual or general permit or which are required to obtain an individual or alternative general permit pursuant to Part V, subparagraph K (see page 21) of this permit;

4 Discharges that are likely to adversely affect a listed, or proposed to be listed, endangered or threatened species, or its critical habitat;

5 Discharges which are subject to an existing effluent (limitation) guideline addressing stormwater and/or process wastewater unless said guidelines are contained herein; or

6 Discharges which either cause or contribute to a violation of water quality standards adopted pursuant to the ECL and its accompanying regulations (See subsection A of Part I on page 2).

D. Authorization Under This General Permit

1 An operator [6] must submit a completed NOI form in order to be authorized to discharge under this general permit. The NOI form shall be one which is associated with this general permit, signed in accordance with Part V. H.(see Page 19) of this permit and submitted to the address indicated on the NOI form. NOIs and NOITTs used in association with either previous or other general permits are not valid for obtaining coverage under this general permit. The submittal of an NOI is an affirmation to the operators’ understanding and belief that the activity is eligible for coverage under this permit and that a SWPPP has been prepared and will be implemented in accordance with Part III of this permit.

2 All contractors and subcontractors of the operator identified under Part

III.E.1 (see page 17) must provide the certification cited under Part III.E.2 (see page 17). Such certifications shall become part of the SWPPP for the construction activity covered under this general permit.

3 Unless notified by the Department to the contrary, operators who are eligible for coverage under this permit and who submit an NOI in accordance with the requirements of this permit, may be authorized to discharge stormwater from construction activities under the terms and conditions of this permit, and in accordance with the following timetable:

a. For construction activities which:

(1) develop a SWPPP in conformance with the Department’s technical standards (See subsection D of Part III on page 10), and do not or will not discharge a pollutant of concern to an impaired water or a TMDL watershed;

(2) as of the effective date of this general permit, GP-02-01, have obtained coverage under, and are operating in compliance with, GP-93-06; and do not or will not discharge a pollutant of concern to an impaired water or a TMDL watershed;

authorization to discharge under this permit may occur five (5) business days after the date on which the NOI is received by the Department.

b. For activities which do not comply with the preceding subsection (i.e. Part I.D.3.a.), authorization to discharge under this permit will begin no sooner than sixty (60) business days from the receipt of the completed NOI unless notified differently by the Department pursuant to Part V, subsection K of this permit (see page 21). For activities not satisfying Part I.D.3.a.(1) above, or for construction site runoff subject to a TMDL (see Figure 1 on page vi), the SWPPP must be prepared by a licensed/certified professional [7] and include a certification stating that the SWPPP has been developed in a manner which will assure compliance with water quality standards (see Part I.A.) and with the substantive intent of this permit.

c. For construction activities which are subject to a sixty-day period provision identified in the preceding subparagraph b., the SWPPP shall include each of the components identified in Part III.A.1.b. (see page 8).

4 At its sole discretion, the Department may deny or terminate coverage under this permit and require coverage under another SPDES permit at any time based on a review of the NOI, the SWPPP or other relevant information (see Part V, subsection K of this permit on page 21).

5 A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing.

6 A signed copy of the NOI, the SWPPP, and any reports required by this permit shall also be submitted concurrently to the local governing body and any other authorized agency^[8]having jurisdiction or regulatory control over the construction project.

7 New stormwater discharges from construction activities that require any other Uniform Procedures Act permit (Environmental Conservation Law, 6 NYCRR Part 621) cannot be covered under this general permit until the other required permits are obtained. Upon satisfaction of the State Environmental Quality Review Act (“SEQRA”) for the proposed action and issuance of necessary permits, the applicant may submit an NOI to obtain coverage under this general permit [9]. In order to facilitate the Department’s review of a multi-permitted project, an applicant should submit, at a minimum, a copy of the SWPPP which contains the information specified in Appendix B (see page 24). This information will assist the Department in determining whether or not coverage under this general permit or another SPDES permit is the more appropriate option. The Department may also require the submission of additional information in order to determine the SWPPP’s conformance with the Department’s technical standards.

8 Upon renewal of this general permit or issuance of a new general permit, the permittee is required to notify the Department of its intent to be covered by the new general permit. Coverage will continue under this permit for its term unless action is taken to terminate permit coverage as provided elsewhere in this permit. See also Part V. subsection B. on page 18 of this permit.

9 In the event of a transfer of ownership or responsibility for stormwater runoff, there can be no “automatic” transfer of permit coverage from one permittee to the next without appropriate notification from the dischargers. The former permittee must submit an NOT and notify the new discharger of the possible need for the new discharger to submit a new NOI (see Section E, subparagraph 2 below).

E. Deadlines for Notification

Operators who intend to obtain coverage under this general permit for stormwater runoff from construction activities must submit an NOI in accordance with the requirements of this Part at least five (5), or sixty (60) business days, as appropriately determined from Part I, Section D.3 (see page 4) prior to the commencement of construction [10] activities.
For stormwater runoff from construction activities where the operator changes, a new NOI must be submitted by the new operator in accordance with the requirements of this permit. The former operator must submit a NOT in accordance with Part II (see page 7) of this permit and notify the new operator of the requirement to submit a new NOI to obtain coverage under this permit. The new operator must also review and sign the SWPPP in accordance with Part III.B.(see page 9) and continue implementation of the SWPPP as required by this permit.

Part II. TERMINATION OF COVERAGE [11]

Where a site has been finally stabilized, the operator must submit a NOT form prescribed by the Department for use with this general permit. The NOT shall be signed in accordance with Part V. H.(see page 19) of this permit and submitted to the address indicated on the approved NOT form.

The permittee must identify all permanent stormwater management structures that have been constructed and provide the owner(s) of such structures with a manual describing the operation and maintenance practices that will be necessary in order for the structure to function as designed after the site has been stabilized. The permittee must also certify that the permanent structure(s) have been constructed as described in the SWPPP.

Part III. STORMWATER POLLUTION PREVENTION PLANS (“SWPPP”s)

A. General

1. SWPPP Preparation

a. A SWPPP shall be developed by the operator for construction activities at each site to be covered by this permit, prior to the initiation of activities requiring coverage under this permit. SWPPPs shall be prepared in accordance with sound engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges. In addition, the SWPPP shall describe and ensure the implementation of practices which will be used to reduce the pollutants in stormwater discharges and to assure compliance with the terms and conditions of this permit. Operators are encouraged to have their SWPPP reviewed for adequacy and completeness by the local soil and water conservation district (“SWCD”) and/or other professionals qualified in erosion and sediment control practices [12]and stormwater management. Moreover, if the construction activity is identified under Part I, subsection D.3.b. (See page 5), or for construction site runoff subject to a TMDL (see Figure 1 on page vi), the SWPPP must include a certification by a licensed/certified professional.

b. All SWPPPs shall include erosion and sediment controls. For construction activities meeting either Condition “A”, “B” or “C” described below, the SWPPP shall also include water quantity and water quality controls (post-construction stormwater control practices).(see Part III. D.).

(1) Condition A - Construction site or post construction runoff discharging a pollutant of concern to either an impaired water identified on DEC’s 303(d) list or a TMDL watershed for which pollutants in stormwater have been identified as a source of the impairment.

(2) Condition B - Construction site runoff from Phase 1 construction activities (construction activities disturbing five (5) or more acres) identified under 40 CFR Part 122, §122.26(b)(14)(x).

(3) Condition C - Construction site runoff from construction activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties.

2. SWPPP Implementation - Operators are responsible for implementing the provisions of the SWPPP and ensuring that all contractors and subcontractors who perform professional services at the site provide certification of the SWPPP in accordance with Part I.D.2. (see page 4) and Part III.E.2. (see page 17) of this permit. All contractors and subcontractors identified in the SWPPP in accordance with Part III.E.1. (see page 17) of this permit must agree to implement applicable provisions of the SWPPP and satisfy the certification requirement of Part III.E.2. (see page17). However, contractors and subcontractors who are not operators, as defined in this permit (see page 4), are not required to submit a NOI in addition to the NOI submitted by the operator.

3. Deadlines for SWPPP Preparation and Compliance - The SWPPP must be developed prior to the submittal of an NOI and provide for compliance with the terms and schedule of the SWPPP beginning with the initiation of construction activities. The operator shall also certify in the SWPPP that all appropriate stormwater control measures will be in place before commencement of construction of any segment of the project that requires such measures.

4. Local Requirements -Developing a SWPPP that complies with the requirements listed herein does not relieve an operator from the obligation of complying with stormwater management requirements of the local government having jurisdiction over the project.

5. Activities Previously Covered Under GP-93-06 - For construction activities which are covered by GP-93-06 as of the effective date of this permit (GP-02-01), the continued implementation of their SWPPP that was developed and implemented in accordance with GP-93-06 is acceptable until such time as:

a. an NOT is submitted;

b. the Department notifies them otherwise in accordance with this permit, including Part V, subsection K (see page 21); or

c. this permit expires.

B. Signature and SWPPP Review

1. The SWPPP shall be signed in accordance with Part V. H.(see page 19), and be retained at the site where the construction activity occurs in accordance with Part IV (see retention of records on page 17) of this permit.

2. The permittee shall submit a copy of the SWPPP and any amendments thereto to the local governing body and any other authorized agency having jurisdiction or regulatory control over the construction activity. The operator shall make SWPPPs available upon request to the Department and any local agency having jurisdiction; or in the case of a stormwater discharge associated with industrial activity which discharges through a municipal separate storm sewer system, to the municipal operator of the system.

3. The Department, or its authorized representative, may notify the permittee at any time that the SWPPP does not meet one or more of the minimum requirements of this permit. Such notification shall identify those provisions of the permit which are not being met by the SWPPP and identify which provisions of the SWPPP require modifications in order to meet the minimum requirements of this permit. Within seven (7) days of such notification, (or as otherwise provided by the Department) the permittee shall make the required changes to the SWPPP and shall submit to the Department a written certification that the requested changes have been made. Notwithstanding the foregoing, the Department reserves all rights to enforce the terms of the ECL.

C. Keeping SWPPPs Current - The permittee shall amend the SWPPP whenever:

1. There is a significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP; or

2. 2. The SWPPP proves to be ineffective in:

a. Eliminating or significantly minimizing pollutants from sources identified in the SWPPP required by this permit, or

b. Achieving the general objectives of controlling pollutants in stormwater discharges from permitted construction activity.

3. Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP (see Part III.E, page 17 below). Amendments to the SWPPP may be reviewed by the Department in the same manner as provided by Part III.B (see page 9 above).

D. General Contents of SWPPPs -

1. Standards for construction activities covered under this permit - The Department’s technical standards for erosion and sediment controls are detailed in the “New York Standards and Specifications for Erosion and Sediment Control”[13] published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of water quality and water quantity controls (post-construction stormwater control practices), the Department’s technical standards are detailed in the “New York State Stormwater Management Design Manual.”

If an operator certifies that the SWPPP has been developed in conformance with the Department’s technical standards referenced above, they may obtain coverage under this general permit in five (5) business days from the Department’s receipt of the NOI, provided the construction activity does not meet Condition A in Part III.A.1.b. For SWPPPs which will not conform with the Department’s technical standards, the SWPPP must be prepared by a licensed/certified professional and include a certification stating that the SWPPP has been developed in a manner which will assure compliance with the State’s water quality standards and with the substantive intent of this permit. In addition, coverage under this general permit will not begin until sixty (60) business days from the receipt of a completed NOI.

2. 2. Minimum SWPPP Components SWPPPs prepared pursuant to this general permit shall present fully designed and engineered stormwater management practices with all necessary maps, plans and construction drawings. The SWPPP must, at a minimum, include the following:

a. For all construction activities subject to this general permit

(1) provide background information about the scope of the project, including the location, type and size of project.

(2) provide a site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s), wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s);

(3) provide a description of the soil(s) present at the site;

(4) provide a construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Guidelines for Urban Erosion and Sediment Control, there shall not be more than five (5) acres of disturbed soil at any one time without prior written approval from the Department;

(5) provide a description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in the storm water discharges;

(6) provide a description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to storm water, and spill prevention and response;

(7) describe the temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;

(8) identify and show on a site map/construction drawing(s) the specific location(s), size(s), and length(s) of each erosion and sediment control practice;

(9) provide the dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(10) identify temporary practices that will be converted to permanent control measures;

(11) provide an implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place;