HomeMy WebLinkAboutZIEGLER - HARVEST PARK PDP - PDP120033 - SUBMITTAL DOCUMENTS - ROUND 1 - DRAINAGE REPORT (3)PRELIMINARY EROSION CONTROL REPORT / STORMWATER
MANAGEMENT PLAN
FOR
HARVEST PARK/ZIEGLER MIXED USE
CITY OF FORT COLLINS, CO
Prepared by:
Interwest Consulting Group
1218 West Ash, Suite C
Windsor, Colorado 80550
Phone: 970.674.3300
Fax: 970.674.3303
Prepared for:
ARCHITECTURE WEST, LLC
4710 South College Avenue
Fort Collins, CO 80525
December 5, 2012
1218 W. ASH, STE. C, WINDSOR, COLORADO 80550
TEL. 970.674.3300 – FAX 970.674.3303
December 5, 2012
Mr. Wes Lamarque
City of Fort Collins Stormwater
700 Wood Street
Fort Collins, CO 80522-0580
RE: Preliminary Erosion Control Report / Stormwater Management Plan
Dear Wes,
I am pleased to submit for your review and approval, this Preliminary Erosion Control Report /
Stromwater Management Plan for the Ziegler Mixed Use development. This document serves
two purposes. The first is to provide the City with a preliminary erosion control plan for the
proposed development that addresses the topics outlined in the City Erosion Control Report
Requirements. This report also serves as the outline/core requirements of the Stormwater
Management Plan notebook that the contractor will keep onsite and continue to update in order
to maintain compliance with the State SWMP permit.
I appreciate your time and consideration in reviewing this submittal. Please call if you have any
questions.
Sincerely, Reviewed By:
Skylar Brower, P.E. Robert Almirall, P.E.
Colorado Professional Colorado Professional
Engineer No. 44248 Engineer No. 33441
1218 W. ASH, STE. C, WINDSOR, COLORADO 80550
TEL. 970.674.3300 – FAX 970.674.3303
December 5, 2012
Mr. Contractor
Contractor Name
Contractor Address
Dear Contractor:
This Stormwater Management Plan (SWMP) for the Harvest Park/Ziegler Mixed Use project
provided by Interwest Consulting Group was prepared in order to obtain a State of Colorado
Stormwater Discharge Permit Associated with Construction Activity. The Stormwater
Management Plan located in Appendix F and provided by Interwest Consulting is a snapshot of
the erosion control with perimeter controls and all improvements and earthwork completed. As
designated SWMP Administrator/Construction Site Operator and permittee,
_________________ will be responsible for: 1) ensuring and documenting that the plan is kept
up to date, including filling out the pertinent sections of the SWMP pertaining to construction
means and methods; 2) keeping current the site map in order to conform with the permit; 3)
ensuring that all required inspections and maintenance of the BMPs are conducted and
documented according to the conditions of the permit; and 4) notifying the City, Water Quality
Control Division and EPA if the site is not in compliance with the conditions of the permit. It is
also the responsibility of the permittee to ensure that, upon completion of the project, the site has
been stabilized in accordance with the permit and an Inactivation Notice has been submitted to
the Colorado Department of Public Health and Environment - Water Quality Control Division.
Please note that your permit is only for stormwater discharge and does not cover any other
requirements (dewatering, air quality, fugitive dust etc.)
Sincerely,
Interwest Consulting Group
Skylar Brower, P.E.
TABLE OF CONTENTS
1. INTRODUCTION .................................................................................................................... 1
2. SITE DESCRIPTION ............................................................................................................... 1
3. BMPS FOR STORMWATER POLLUTION PREVENTION ................................................ 5
3.1. Erosion and Sediment Controls ........................................................................................ 5
3.1. Materials Handling and Spill Prevention ......................................................................... 5
4. STORMWATER MANAGEMENT CONTROLS .................................................................. 9
4.1. SWMP Administrator ....................................................................................................... 9
4.2. Identification of Potential Pollution Sources ................................................................... 9
5. FINAL STABILIZATION AND LONG TERM STORMWATER MANAGEMENT ......... 11
6. INSPECTION AND MAINTENANCE ................................................................................. 12
7. SWMP IMPLIMENTATION ................................................................................................. 13
APPENDIX A—COMPLETED GENERAL PERMIT APPLICATION ............................... A
APPENDIX B—EXAMPLE PERMIT AND INSTRUCTIONS .............................................. B
APPENDIX C—STORMWATER FACT SHEET—CONSTRUCTION ............................... C
APPENDIX D—BMP DETAILS ................................................................................................ D
APPENDIX E—OTHER FORMS .............................................................................................. E
APPENDIX F—EROSION/SEDIMENTATION CONTROL PLAN AND SITE MAPS ..... F
APPENDIX G—CONSTRUCTION PHASING SCHEDULE ................................................ G
APPENDIX H—CONTRACTOR FORMS / CERTIFICATIONS ......................................... H
LIST OF FIGURES
Figure 1--Vicinity Map ................................................................................................................... 2
1
1. INTRODUCTION
The primary purpose of preparing and maintaining a stormwater management plan is to
improve the health and quality of the State's urban waterways. The preparation and
maintenance of the plan will contribute to this objective by facilitating an approach to
stormwater management, establishing a program of actions to be used during construction
activities, and describing stormwater management controls and various Best Management
Practices (BMPs) necessary to reduce erosion, sediment and pollutants in stormwater
discharge.
Information concerning the State of Colorado General Permit and Stormwater
Management Plan are included in the appendices of this report. Appendix A contains the
completed State of Colorado General Permit Application Form for Stormwater
Discharges Associated with Construction Activity. Appendix B contains a blank General
Permit and Stormwater Management Plan Guidance for Stormwater Discharges
Associated with Construction Activity. Included in this appendix is Appendix A of the
Permit Application entitled Preparing a Stormwater Management Plan (SWMP)—for the
General Permit for Stormwater Discharges Associated with Construction Activities.
Finally, Appendix C contains a Stormwater Fact Sheet for Construction and an Example
Stormwater Discharge Permit. All of these documents are provided to further assist with
the understanding and implementation, and updating of a Stormwater Management Plan.
Once the Permit is issued, it should be added to the Appendix.
2. SITE DESCRIPTION
The Ziegler Mixed Use development is located in southeast Fort Collins. It is located in
the Southwest Quarter of Section 5, Township 6 North, Range 68 West of the Sixth
Principal Meridian, in the City of Fort Collins, Larimer County, Colorado. See figure 1
on the next page for the vicinity map.
The property is located west of Zeigler Road and will be split down the middle by the
extension of County Fair Lane. The project is bounded on the north and west by Harvest
Park Subdivision, on the south by McClelland’s Channel, and on the east by Ziegler
Road. Only the southern portion of the property (land south of County Fair Lane) will
undergo development at this time. The northern half will maintain the existing single
2
family residence and be developed in the future.
The project will extend County Fair Lane to Ziegler road as well as construct a new drive
access for four multi-family buildings and associated driveways and parking spots on the
southern half of the site.
Figure 1--Vicinity Map
All paved areas are designed with a minimum slope of 0.5% and all grassed areas are
designed with a minimum slope of 2.0%. Side slopes in grassed areas are graded to a
3
maximum of 4:1.
Runoff from the undeveloped north portion of the site will follow existing flow paths
until it is cut off by County Fair Lane. The runoff will be conveyed via curb and gutter to
a low point just west of the Ziegler intersection where it will be collected by two Type R
inlets. Runoff from the proposed development on the south portion of the site will be
conveyed overland across the 24’ concrete drive to the south into the proposed water
quality pond. Roof drains will either discharge on grade into a rain garden facility or be
piped to the water quality pond.
The City of Fort Collins has mapped a floodplain associated with McClelland’s Channel
which is located on the southern most portion of the site. The only work proposed within
the limits of the 100-yr floodplain is the construction of the water quality pond outlet pipe
which discharges into McClelland’s Channel. A floodplain use permit will be prepared
for this work. There are no FEMA mapped floodplains on the property.
The anticipated sequence of construction shall progress as follows:
1) Installation of perimeter erosion control measures (other measures as required for
the permit will be constructed throughout) including silt fence along the western
property line and the top of bank of McClelland’s Channel, existing inlet
protection along County Fair Lane and Ziegler Road, and the vehicle tracking
control pad at Ziegler Road.
2) Clearing, stripping and grading
3) Rough grading of water quality pond to be used as a temporary sediment trap
4) Utility installation
5) Sub-grade preparation for the roadway extension, drives and parking
6) Curb, gutter and sidewalks
7) Paving
8) Building construction (this may occur simultaneously with items 5 through 7)
9) Final grading and landscaping. All disturbed ground will be impervious (concrete,
asphalt, or building), seeded and mulched, sodded or xeriscaped to permanently
stabilize the site.
The 10-year runoff coefficient associated with this project will be 0.61.
4
No known sources of pollution currently exist on this site. Potential pollutant sources
brought onto the site during construction will be discussed (along with spill prevention)
in Section 3.2 below. The anticipated non-stormwater components of discharge with this
project are landscape irrigation return flows. The ultimate receiving water for this area is
McClelland’s Channel.
5
3. BMPS FOR STORMWATER POLLUTION PREVENTION
3.1. Erosion and Sediment Controls
Structural Practices: Structural practices for the site will consist mainly of silt fence,
vehicle tracking control pad, concrete washout area, inlet protection and wattles which
are described in detail in the following paragraphs. Detail drawings of these BMPs are
also included in Appendix D. These BMPs are expected to change as the construction
progresses and it is the responsibility of the contractor to ensure appropriate BMPs are in
place and/or removed at the appropriate time in the construction sequence. All temporary
and permanent erosion and sediment control practices must be maintained and repaired as
needed to assure continued performance of their intended function. All BMPs shall be
inspected and repaired or replaced as indicated in Section 6 and as required to satisfy the
conditions of the Permit.
Silt fence is intended to filter sediment and contaminants from non-point runoff leaving
the site. Perimeter silt fence shall be in place prior to commencement of any construction
activity. During clearing and grubbing necessary for perimeter silt fence installation, all
cleared material shall be placed on the uphill side of the trench so that if erosion occurs
from the cleared material, the sediment will be trapped in the exposed trench and not
transported downstream.
Vehicle tracking control pad is intended to trap mud and sediment within coarse grain
material and provide clean access to public roadways. Wherever construction vehicle
access routes intersect paved public roads a vehicle tracking control pad shall be installed
to minimize the transport of sediment (mud) by runoff or vehicles tracking onto the paved
surface. Pads shall be maintained and refurbished when necessary to obtain their intended
result.
Concrete washout area is intended to contain washout liquids and solids that result from
the cleaning of concrete trucks and pumps. Washouts should be placed near the area
where the concrete is being poured.
Inlet protection prevents sediment from entering storm drainage systems prior to
permanent stabilization of the disturbed site area via ponding and settling of sediment.
Inlet protections shall be placed at new inlets and existing inlets near the site. Storm
sewer inlet protection must be inspected and maintained after every rainfall event that
6
produces runoff. Sediment must be removed and rocks replaced.
Wattles are intended to filter concentrated runoff of sediment before entering drainage
facilities. Wattles shall be implemented as gutter sediment control where necessary and as
inlet protection. Wattle dikes shall be installed in swales. Wattles shall be installed
immediately upon completion of over-lot grading and/or the installation of the proposed
storm sewer inlets.
Non-Structural Practices: All low sloped areas exposed during land disturbing activity
(stripping, grading, utility installations, stockpiling, filling, etc.) shall be kept in a
roughened condition by ripping or disking along land contours until mulch, vegetation or
other permanent erosion control is installed.
All exposed steep sloped areas exposed during land disturbing activity (stripping,
grading, utility installations, stockpiling, filling, etc.) shall have slope protection. The
contractor shall use a "tracked" vehicle, run perpendicular to slope to inhibit rill/gully
erosion; the contractor may use other windrow-type methods as necessary.
No soil shall remain exposed by land disturbing activity for more than thirty (30) days
before required temporary or permanent erosion control (seed/mulch, landscaping, etc.) is
installed.
THE CONTRACTOR SHALL ADD ANY AND ALL BMP’S AND DETAILS
NEEDED FOR SEDIMENT/EROSION CONTROL.
7
Materials Handling and Spill Prevention
Following is a listing of procedures (i.e. equipment fueling and maintenance) and
“significant materials” (defined in the permit) that will be handled on this site and that
could contribute pollutants to stormwater runoff:
INFORMATION TO BE PROVIDED BY THE CONTRACTOR PRIOR TO
COMMENCEMENT OF CONSTRUCTION AND UPDATED AS NECESSARY
THROUGHOUT THE CONSTRUCTION SEQUENCE. ADD PAGES TO THE PLAN
AS NECESSARY. THIS WILL INCLUDE IDENTIFYING POTENTIAL POLUTION
SOURCES FROM THE PERMIT AS WELL AS THE BMPS AND DETAILS.
8
Measures that will be implemented to avoid or contain stormwater pollution from the
above procedures and sources are as follows:
INFORMATION TO BE PROVIDED BY THE CONTRACTOR PRIOR TO
COMMENCEMENT OF CONSTRUCTION AND UPDATED AS NECESSARY
THROUGHOUT THE CONSTRUCTION SEQUENCE.
9
4. STORMWATER MANAGEMENT CONTROLS
4.1. SWMP Administrator
The Local Contact and SWMP Administrator is (INSERT CONTACT NAME,
POSITION, COMPANY, AND PHONE NUMBER).
(INSERT CONTACT) will be responsible for developing, implementing, maintaining,
and revising the SWMP. (INSERT CONTACT) will also be responsible for required
inspections and coordinating and documenting changes or repairs resulting from
inspections. (INSERT CONTACT) will be responsible for the training and enforcement
aspects of the SWMP and he is the first point of contact for any stormwater issues. In his
absence, (INSERT CONTACT NAME, POSITION, COMPANY, AND PHONE
NUMBER) shall be contacted. The Permit Holder is (INSERT PERMIT CONTACT
NAME, COMPANY, AND PHONE NUMBER). The property owner is (INSERT
OWNER CONTACT NAME, COMPANY, AND PHONE NUMBER).
4.2. Identification of Potential Pollution Sources
The permit identifies 13 potential sources that must be evaluated for their potential to
contribute pollutants to stormwater discharge. These items have been evaluated below
for this project:
1) Disturbed and stored soil – YES – The construction will require that areas
be disturbed exposing soil including foundation construction, paving and
repaving, slope construction, and demolition required as shown on the
plans. BMPs will include silt fence on the downhill side of disturbed
slopes, inlet protection on existing and proposed inlets, minimizing
disturbance of existing vegetation and hard surfaces, and slope roughening
and tracking of slopes after disturbance and prior to landscaping, paving,
or building will be implemented.
2) Vehicle tracking of sediment – YES – The construction will require that
subgrade be prepared for pavement and that vehicles drive on unpaved
surfaces to the proposed buildings and utility improvement locations.
BMPs will include a policy that vehicles be clean prior to entering the site
and, if they become muddy during construction or earthwork activities,
mud is removed by hand from the vehicle prior to departing the site in an
area near the vehicle tracking pad. Any soil that is removed is to be
disposed of in the trash dumpster by scraping or sweeping. Any muddy
vehicle will use the vehicle tracking pad prior to leaving the site.
3) Management of contaminated soil – NO – Soil borings do not indicate any
existing contamination.
4) Loading and unloading operations – YES – Chemicals and petroleum
10
products will be brought to the site. Anytime these are being transported,
they will be in a sealed container.
5) Outdoor storage activities – YES – Inert materials such as wood and stone
will be stored outside and will likely be covered with tarps or plastic, but
are not pollutant sources and are not covered by the permit. Chemicals
and petroleum products will be stored within the construction trailer or
storage shed. Cement and mortar bags (if not contained in a vehicle or
storage shed) will be completely covered with plastic to avoid contact with
precipitation.
6) Vehicle and equipment maintenance and fueling – YES – Vehicle
maintenance and fueling will take place in the northern half of the site
adjacent to Ziegler Road (a minimum of 50’ away from the proposed inlets
in County Fair Lane) No fuel will be stored on site; a fuel truck will
deliver fuel directly to equipment as needed. The largest risk to
stormwater with this operation is pollutants being spilled in the existing
asphalt. Absorbent (kitty litter) will be available on site and applied on
any spill immediately and the dry material disposed of properly and
legally.
7) Significant dust or particulate generating processes – NO – The area of
heavy construction is very limited and none of the operations are expected
to generate significant dust.
8) Routine maintenance activities involving fertilizers, pesticides, detergents,
fuels, solvents, oils, etc. – YES – Fertilizers and pesticides will not be
used. Any cleaning or maintenance of small equipment will be required to
be done within a containment device (horse trough or small “kiddy pool”
and the liquid disposed of properly and legally.
9) On-site waste management – YES – The multi-family building and site
construction (access drive, parking, concrete walks, underground utilities)
will result in construction waste. A dumpster for trash and a dumpster for
bulk recycling will be on the site. Waste will be hauled to the dumpsters
by hand or in loaders. Dumpsters will be hauled off as needed. Dumpsters
shall be located a minimum of 50 feet away from the proposed inlets in
County Fair Lane, the proposed water quality pond, and the existing inlet
along Ziegler Road. No construction waste will be left outside overnight.
No construction debris (including broken concrete) may be buried on the
site.
10) Concrete truck/equipment washing – YES – A concrete washout will be
provided on site. This will be used for trucks and for any masonry /
concrete tools. The concrete washout shall be located a minimum of 50
feet away from the proposed inlets in County Fair Lane, the proposed
water quality pond, and the existing inlet along Ziegler Road.
11) Dedicated asphalt of concrete batch plants – NO – None on this project.
12) Non-structural waste sources such as worker trash and portable toilets –
YES –Trash dumpster will be available for worker’s trash and will be
11
located near the construction trailer. Portable toilets will be on site near
the construction trailer. All portable toilets and trash dumpsters shall be
located a minimum of 50 feet away from the proposed inlets in County
Fair Lane, the proposed water quality pond, and the existing inlet along
Ziegler Road.
13) Other areas where potential spills can occur – NO – The above 12 items
are adequate for the anticipated construction process.
CONTRACTOR TO UPDATED THE ABOVE INFORMATION WITH EXACT
LOCATIONS OF THE CONSTRUCTION TRAILER, VEHICLE TRACKING PAD,
CONCRETE WASHOUT, DUMPSTERS, AND PORTABLE TOILETS PRIOR TO
COMMENCEMENT OF CONSTRUCTION AND UPDATED AS NECESSARY
THROUGHOUT THE CONSTRUCTION SEQUENCE.
5. FINAL STABILIZATION AND LONG TERM STORMWATER
MANAGEMENT
Long-term erosion control for this site will be the established vegetative cover,
landscaping and xeriscaping along with the completed site improvements (pavement and
buildings). Final stabilization shall be considered achieved once all proposed site
improvements are in place and all vegetation is established. Vegetation shall not be
considered established until a ground cover is achieved which is demonstrated to be
mature enough to control soil erosion (typically 70% of the original vegetative cover).
Areas controlled by grass sod will be considered established upon the completion of the
sod installation. After the site is stabilized and all conditions of the permit are met, the
permittee shall send a completed Inactivity Notice to the Colorado Department of Public
Health and Environment – Water Quality Control Division. See Appendix E.
12
6. INSPECTION AND MAINTENANCE
Site inspections will be performed to effectively address maintenance, repair, and
adequacy of BMPs. The site inspections will be performed by the SWMP Administrator
or his designee a minimum of once every fourteen (14) calendar days on active
construction sites and within 24 hours after a significant storm event (event causing
erosion). As part of the site inspections the inspector will keep documentation of all
inspections and BMP maintenance, including updated Site Maps indicating new BMPs or
the removal of BMPs since the previous inspection. Blank Site Maps will be utilized and
will be redlined by the SWMP Administrator throughout construction to note all BMPs,
pollutant sources, storage locations, etc.
Any maintenance, repair, or necessary installation of BMPs that are noted during the
inspection must begin immediately. The modifications shall be noted in the SWMP and
the action taken as a result of the inspection shall be noted and certified on or attached to
the original inspection report (date and time that the repair or change was started and
finished and a certification that it was done properly).
13
7. SWMP IMPLIMENTATION
It is the responsibility of the permittee to operate and maintain all facilities and systems of
treatment and control which are installed to achieve compliance with the conditions of the
permit. This includes effective performance, adequate funding, adequate staffing and
training, etc. (see permit).
All personnel on the construction site who will be in a position to affect or be affected by
the SWMP shall be trained prior to beginning work. These individuals will be given
general orientation information regarding the project and SWMP, shown where the
SWMP is physically located, the SWMP will be explained to them and available for their
review, and the enforcement policy will be reviewed. After this training, a certification
that the employee or subcontractor’s employee is familiar with the document and its
procedures will be signed. Copies of these certifications are included in the Appendix.
Throughout the construction, as a part of a weekly safety meeting, the SWMP will be
reviewed with all attendees and any incidents discussed. All attendees shall be logged.
If the SWMP Administrator is made aware of a person(s) intentionally or unintentionally
violating the SWMP or Permit, the following actions will be taken:
1) First incident – written warning with copy documented in SWMP and given to
employer (if subcontractor).
2) Second incident – suspended from site for seven days.
3) Third incident – suspended from site completely.
4) If any subcontractor has three incidents (even with three different employees) the
subcontractor will be suspended from the site.
During construction, the SWMP will be located within the (INSERT CONTRACTOR)
construction trailer.
For a period of 3 years after the Permit Inactivity Notice is received by the State, the
SWMP will reside at (INSERT OWNER ADDRESS).
A
APPENDIX A—COMPLETED GENERAL PERMIT APPLICATION
Page 3 of 3 Revised 4/2010
For Agency Use Only
Permit Number Assigned
COR03-______________
Date Received ____/____/____
Month Day Year
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITIES APPLICATION
PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED.
Please print or type. Original signatures are required. This application must be considered complete by the Division
before it will initiate permit processing. The Division will notify the applicant if additional information is needed to complete the
application. If more space is required to answer any question, please attach additional sheets to the application form.
Applications must be mailed or delivered to:
Colorado Department of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Drive South
WQCD-P-B2
Denver, Colorado 80246-1530
PERMIT INFORMATION
Applicant is: □ Property Owner □ Contractor/Operator
1. CONTACT INFORMATION
Permit Applicant
Company Name:
Legally Responsible Person: First Name: Last Name:
Title:
See description of legal contact item 9, page 3
Mailing Address:
City, State and Zip Code:
Phone:
Email Address:
Local Facility Contact Same as Applicant
Local Contact Person: First Name: Last Name:
Title:
Phone:
Email Address:
Billing Contact Same as Applicant
Company Name:
Billing Contact Person: First Name: Last Name:
Title:
Mailing Address:
City, State and Zip Code:
Phone:
Email Address:
Page 3 of 3 Revised 4/2010
1. CONTACT INFORMATION - CONTINUED
Assignment Of Authorized Agent(S)—Regulation 61 [61.4(1)]
In accordance with Regulation 61, all reports required by permits and other information requested by the Division shall be
signed by a person described in section 61.4(1)(e) or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
i. The authorization is made in writing by a person described in paragraph 61.4(1)(e);
ii. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated
facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of
equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named individual or any individual occupying a
named position); and,
iii. The written authorization is submitted to the Division.
Duly Authorized Representative information provided below? □ NO □ YES
Authorized individual: Email address:
Title: Telephone No:
Authorized position: Email address:
Position currently held by: Telephone No:
2. PERMITTED FACILITY INFORMATION
Name of Plan, Project or Development:
Location of construction site:
Street Address (or cross streets):
City (if unincorporated, so indicate): County:
State and Zip Code:
Latitude and Longitude (approximate center of site to nearest 15 seconds using one of following formats):
Latitude: Longitude: (e.g., 39°42’11’’, 104°55’57’’)
degrees /minutes/ seconds
OR
degrees/ minutes/ seconds
Latitude: Longitude: (e.g., 39.703°, 104.933’)
degrees (to 3 decimal places) degrees (to 3 decimal places)
3. MAP (Attachment)
Map: Attach a map that indicates the site location and that CLEARLY shows the boundaries of the area that will be disturbed.
Maps must be no larger than 11x17 inches.
4. LEGAL DESCRIPTION
Legal description: If subdivided, provide the legal description below, or indicate that it is not applicable (do not supply
Township/Range/Section or metes and bounds description of site)
Subdivision(s): Lot(s): Block(s):
OR
□ Not applicable (site has not been subdivided)
5. AREA OF CONSTRUCTION SITE
Total area of project site (acres):
Area of project site to undergo disturbance (acres):
Total disturbed area of Larger Common Plan of Development or Sale, if applicable:
(i.e., total, including all phases, filings, lots, and infrastructure not covered by this application)
Page 3 of 3 Revised 4/2010
6. NATURE OF CONSTRUCTION ACTIVITY
Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full
description of activities must be included in the Stormwater Management Plan.)
□ Single Family Residential Development
□ Multi-Family Residential Development
□ Commercial Development
□ Oil and Gas Production and/or Exploration (including pad sites and associated infrastructure)
□ Highway/Road Development (not including roadways associated with commercial or residential development)
□ Other, Describe:
7. ANTICIPATED CONSTRUCTION SCHEDULE
Construction Start Date: Final Stabilization Date:
8. RECEIVING WATERS (If discharge is to a ditch or storm sewer, include the name of the ultimate receiving waters)
Immediate Receiving Water(s):
Ultimate Receiving Water(s):
9. REQUIRED SIGNATURES (Both parts i. and ii. must be signed)
Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the
instructions for additional information. The application must be signed by the applicant to be considered complete. In all
cases, it shall be signed as follows:
a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly
authorized representative, if such representative is responsible for the overall operation of the facility from which the
discharge described in the application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official,
or other duly authorized employee if such representative is responsible for the overall operation of the facility from
which the discharge described in the form originates.
STOP!: A Stormwater Management Plan must be completed prior to signing the following certifications!
i. Stormwater Management Plan Certification
“I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been
prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and
imprisonment for knowing violations.”
Signature of Legally Responsible Person or Authorized Agent (submission must include original signature) Date Signed
Name (printed) Title
ii. Signature of Permit Legal Contact
“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all
attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the
information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the
possibility of fine or imprisonment.
“I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges
Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as
the application is amended or the certification is transferred, inactivated, or expired.”
Signature of Legally Responsible Person (submission must include original signature) Date Signed
Name (printed Title
DO NOT INCLUDE A COPY OF THE STORMWATER MANAGEMENT PLAN
DO NOT INCLUDE PAYMENT – AN INVOICE WILL BE SENT AFTER THE CERTIFICATION IS ISSUED.
B
APPENDIX B—EXAMPLE PERMIT AND INSTRUCTIONS
Page 2 of 22
Permit No. COR-030000
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCIATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973
as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"),
this permit authorizes the discharge of stormwater associated with construction activities (and specific
allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit,
from those locations specified throughout the State of Colorado to specified waters of the State. Such
discharges shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on the certification page (page 1) of this permit to
discharge, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II
hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit.
This permit and the authorization to discharge shall expire at midnight, June 30, 2012.
Issued and Signed this 31
st
day of May, 2007
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Janet S. Kieler
Permits Section Manager
Water Quality Control Division
SIGNED AND ISSUED MAY 31, 2007
EFFECTIVE JULY 1, 2007
TABLE OF CONTENTS
PART I
A. COVERAGE UNDER THIS PERMIT........................................................................................................................................ 3
1. Authority to Discharge ............................................................................................................................................. 3
a) Applicable Sections ................................................................................................................................. 3
b) Oil and Gas Construction ........................................................................................................................ 3
2. Definitions ................................................................................................................................................................ 3
3. Permit Coverage Without Application – Qualifying Local Programs ...................................................................... 3
a) Applicable Sections ................................................................................................................................. 3
b) Local Agency Authority.......................................................................................................................... 4
c) Permit Coverage Termination.................................................................................................................. 4
d) Compliance with Qualifying Local Program........................................................................................... 4
e) Full Permit Applicability......................................................................................................................... 4
4. Application, Due Dates............................................................................................................................................. 4
a) Application Due Dates............................................................................................................................. 4
b) Summary of Application ......................................................................................................................... 4
5. Permit Certification Procedures................................................................................................................................ 4
a) Request for Additional Information......................................................................................................... 4
b) Automatic Coverage................................................................................................................................ 5
c) Individual Permit Required ..................................................................................................................... 5
d) General vs. Individual Permit Coverage.................................................................................................. 5
e) Local Agency Authority.......................................................................................................................... 5
6. Inactivation Notice.................................................................................................................................................... 5
7. Transfer of Permit...................................................................................................................................................... 5
8. Reassignment of Permit............................................................................................................................................ 5
9. Sale of Residence to Homeowners ........................................................................................................................... 6
10. Permit Expiration Date ............................................................................................................................................. 6
11. Individual Permit Criteria ......................................................................................................................................... 6
B. STORMWATER MANAGEMENT PLAN – GENERAL REQUIREMENTS............................................................................ 6
C. STORMWATER MANAGEMENT PLAN – CONTENTS......................................................................................................... 7
1. Site Description ........................................................................................................................................................ 7
2. Site Map.................................................................................................................................................................... 7
3. Stormwater Management Controls ........................................................................................................................... 8
a) SWMP Administrator............................................................................................................................... 8
b) Identification of Potential Pollutant Sources ............................................................................................ 8
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention. ........................................... 8
4. Final Stabilization and Long-term Stormwater Management .................................................................................... 9
5. Inspection and Maintenance ................................................................................................................................... 10
D. TERMS AND CONDITIONS ................................................................................................................................................... 10
1. General Limitations ................................................................................................................................................ 10
2. BMP Implementation and Design Standards.......................................................................................................... 10
3. Prohibition of Non-Stormwater Discharges............................................................................................................ 11
4. Releases in Excess of Reportable Quantities .......................................................................................................... 11
5. SWMP Requirements ............................................................................................................................................. 11
a) SWMP Preparation and Implementation ............................................................................................... 11
b) SWMP Retention Requirements............................................................................................................ 11
c) SWMP Review/Changes ....................................................................................................................... 11
d) Responsive SWMP Changes ................................................................................................................. 12
6. Inspections............................................................................................................................................................... 12
a) Minimum Inspection Schedule............................................................................................................... 12
b) Inspection Requirements ........................................................................................................................ 13
c) Required Actions Following Site Inspections ........................................................................................ 13
7. BMP Maintenance .................................................................................................................................................. 13
8. Replacement and Failed BMPs................................................................................................................................ 14
9. Reporting ................................................................................................................................................................. 14
-2a-
TABLE OF CONTENTS (cont.)
10. SWMP Availability ................................................................................................................................................. 14
11. Total Maximum Daily Load (TMDL) ..................................................................................................................... 14
E. ADDITIONAL DEFINITIONS.................................................................................................................................................. 15
F. GENERAL REQUIREMENTS .................................................................................................................................................. 16
1. Signatory Requirements........................................................................................................................................... 16
2. Retention of Records ............................................................................................................................................... 16
3. Monitoring............................................................................................................................................................... 16
PART II
A. MANAGEMENT REQUIREMENTS ........................................................................................................................................ 17
1. Amending a Permit Certification............................................................................................................................. 17
2. Special Notifications - Definitions .......................................................................................................................... 17
3. Noncompliance Notification.................................................................................................................................... 17
4. Submission of Incorrect or Incomplete Information................................................................................................ 18
5. Bypass...................................................................................................................................................................... 18
6. Upsets ..................................................................................................................................................................... 18
7. Removed Substances ............................................................................................................................................... 18
8. Minimization of Adverse Impact............................................................................................................................. 18
9. Reduction, Loss, or Failure of Stormwater Controls ............................................................................................... 19
10. Proper Operation and Maintenance ......................................................................................................................... 19
B. RESPONSIBILITIES..................................................................................................................................................................
19
1. Inspections and Right to Entry................................................................................................................................. 19
2. Duty to Provide Information.................................................................................................................................... 19
3. Transfer of Ownership or Control ........................................................................................................................... 19
4. Modification, Suspension, or Revocation of Permit By Division............................................................................ 20
5. Permit Violations..................................................................................................................................................... 21
6. Legal Responsibilities.............................................................................................................................................. 21
7. Severability.............................................................................................................................................................. 21
8. Renewal Application ............................................................................................................................................... 21
9. Confidentiality......................................................................................................................................................... 21
10. Fees.......................................................................................................................................................................... 21
11. Requiring an Individual CDPS Permit..................................................................................................................... 22
-2b-
PART I
Permit - Page 3
Permit No. COR-030000
PART I
A. COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into
waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges,
in accordance with Part I.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges
from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction
site (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and
dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have
alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such
areas.
a) Applicable Sections: In accordance with Part I.A.3 of this permit, some parts of this permit do not apply to sites
covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local
Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then
complying with the applicable sections.
b) Oil and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and
gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the
Colorado Discharge Permit System Regulations (5CCR 1002-61), and require coverage under this permit in
accordance with that regulation. However, references in this permit to specific authority under the Federal Clean
Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction
activities, to the extent that the references are limited by the federal Energy Policy Act of 2005.
2. Definitions
a) Stormwater: Stormwater is precipitation-induced surface runoff.
b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are
not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access
roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine
maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge
of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less
than five acres. Small construction activity also includes the disturbance of less than one 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 acres.
d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment
control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal
stormwater program for stormwater discharges associated with small construction activity that has been formally
approved by the Division.
Other Definitions: Definitions of additional terms can be found in Part I.E. of this permit.
3. Permit Coverage Without Application – for small construction activities under a Qualifying Local Program only
If a small construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction
activity is authorized to discharge stormwater associated with small construction activity under this general permit without
the submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.D.1, I.D.2,
I.D.3, I.D.4, I.D.7, I.D.8, I.D.11, I.E and Part II of this permit, with the exception of Parts II.A.1, II.B.3, II.B.8, and
II.B10, apply.
PART I
Permit - Page 4
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized,
coverage under this permit is automatically terminated.
d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge
under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with
jurisdiction over the site.
e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local
Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The
operator must be notified in writing that an application for full coverage is required. When a permit certification
under this permit is issued to an operator that would otherwise be covered under Part I.A.3 of this permit, the full
requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the
permit certification. A site brought under the full requirements of this permit must still comply with local
stormwater management requirements, policies or guidelines as required by Part I.D.1.g of this permit.
4. Application, Due Dates
a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the
applicant shall submit an application form as provided by the Division, with a certification that the Stormwater
Management Plan (SWMP) is complete.
One original completed discharge permit application shall be submitted, by mail or hand delivery, to:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
b) Summary of Application: The application requires, at a minimum, the following:
1) The applicant’s company name; address; telephone number; and email address (if available); whether the
applicant is the owner, developer, or contractor; and local contact information;
2) Project name, address, county and location of the construction site, including the latitude and longitude to the
nearest 15 seconds of the approximate center of the construction activity;
3) Legal description or map of the construction site;
4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of
the larger common plan of development or sale to undergo disturbance;
5) The nature of the construction activity;
6) The anticipated start date and final stabilization date for the project;
7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named)
receiving water(s);
8) Certification that the SWMP for the construction site is complete (see Part I.C. below); and
9) The signature of the applicant, signed in accordance with Part I.F.1 of this permit.
5. Permit Certification Procedures
If this general permit is appropriate for the applicant's operation, then a certification will be developed and the applicant
will be authorized to discharge stormwater under this general permit.
a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of
additional information, the Division shall have an additional ten calendar days to issue or deny authorization for
the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general
permit or an individual permit is required, instead of coverage under this permit.)
PART I
Permit - Page 5
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to
discharge in accordance with the conditions of this permit shall be deemed granted.
c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP),
it is found that this general permit is not appropriate for the operation, then the application will be processed as one
for an individual permit. The applicant will be notified of the Division's decision to deny certification under this
general permit. For an individual permit, additional information may be requested, and 180 days may be required to
process the application and issue the permit. At the Division’s discretion, temporary coverage under this general
permit may be allowed until the individual permit goes into effect.
d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded
from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an
individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge.
e) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the permittee must submit an Inactivation Notice
form that is signed in accordance with Part I.F.1. of this permit. The Inactivation Notice form is available from the
Division and includes:
a) Permit certification number;
b) The permittee's name, address, telephone number;
c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one entity to another, the permittee shall
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with Part I.F.1. of
this permit. The Notice of Transfer form is available from the Division and includes:
a) Permit certification number;
b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted;
c) Identifying information for the new permittee;
d) Identifying information for the current permittee; and
e) Effective date of transfer.
If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the
Division and completion of the Inactivation Notice if the permittee has no legal responsibility, through ownership or
contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain
permit coverage separately.
8. Reassignment of Permit
When a permittee no longer has control of a specific portion of a permitted site, and wishes to transfer coverage of that
portion of the site to a second party, the permittee shall submit a completed Notice of Reassignment of Permit Coverage
form that is signed in accordance with Part I.F.1. of this permit. The Notice of Reassignment of Permit Coverage form is
available from the Division and includes:
a) Current permit certification number;
b) Identifying information and certification as required by Part I.A.4.b for the new permittee;
c) Identifying information for the current permittee, revised site information and certification for reassignment; and
d) Effective date of reassignment.
PART I
Permit - Page 6
Permit No. COR-030000
A. COVERAGE UNDER THIS PERMIT (cont.)
If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be
removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through
ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator
would be required to obtain permit coverage separately.
9. Sale of Residence to Homeowners
For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs
a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from
coverage under the permittee’s certification. At such time, the permittee is no longer responsible for meeting the terms and
conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The
permittee remains responsible for inactivation of the original certification.
a) The lot has been sold to the homeowner(s) for private residential use;
b) the lot is less than one acre of disturbed area;
c) all construction activity conducted by the permittee on the lot is completed;
d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and
e) the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be
transferred (Part I.A.7, above) or reassigned (Part I.A.8, above) to a new owner or operator.
10. Permit Expiration Date
Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and
reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the
general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by
March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee’s responsibility to
ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms
of the general permit. An individual permit may be required for any facility not reauthorized to discharge under the
reissued general permit.
11. Individual Permit Criteria
Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of
this general permit. This information may come from the application, SWMP, or additional information as requested by
the Division, and includes, but is not limited to, the following:
a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery,
or for preservation of high quality water);
b) the size of the construction site;
c) evidence of noncompliance under a previous permit for the operation;
d) the use of chemicals within the stormwater system; or
e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL).
In addition, an individual permit may be required when the Division has shown or has reason to suspect that the
stormwater discharge may contribute to a violation of a water quality standard.
B. STORMWATER MANAGEMENT PLAN (SWMP) – GENERAL REQUIREMENTS
1. A SWMP shall be developed for each facility covered by this permit. The SWMP shall be prepared in accordance with
good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.)
PART I
Permit - Page 7
Permit No. COR-030000
B. STORMWATER MANAGEMENT PLAN (SWMP) – GENERAL REQUIREMENTS (cont.)
2. The SWMP shall:
a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater
discharges associated with construction activity from the facility;
b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction
activity at the facility; and ensure the practices are selected and described in accordance with good engineering
practices, including the installation, implementation and maintenance requirements; and
c) Be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and
conditions of this permit.
3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity
until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and
to require the permittee to develop and implement additional measures to prevent and control pollution as needed.
4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of
the CWA, or Best Management Practices (BMPs) Programs otherwise required by a separate CDPS permit, and may
incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are
available as part of the SWMP consistent with Part I.D.5.b.
5. For any sites with permit coverage before June 30, 2007, the permittee’s SMWP must meet the new SWMP requirements as
summarized in Section II.I of the rationale. Any needed changes must be made by October 1, 2007.
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS
The SWMP shall include the following items, at a minimum.
1. Site Description. The SWMP shall clearly describe the construction activity, to include:
a) The nature of the construction activity at the site.
b) The proposed sequence for major activities.
c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation,
grading, or other construction activities.
d) A summary of any existing data used in the development of the site construction plans or SWMP that describe the
soil or existing potential for soil erosion.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
f) The location and description of all potential pollution sources, including ground surface disturbing activities (see
Part I.A.2.b), vehicle fueling, storage of fertilizers or chemicals, etc.
g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g.,
uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout.
h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to
a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the
ultimate receiving water(s).
2. Site Map. The SWMP shall include a legible site map(s), showing the entire site, identifying:
a) construction site boundaries;
b) all areas of ground surface disturbance;
c) areas of cut and fill;
d) areas used for storage of building materials, equipment, soil, or waste;
e) locations of dedicated asphalt or concrete batch plants;
f) locations of all structural BMPs;
g) locations of non-structural BMPs as applicable; and
h) locations of springs, streams, wetlands and other surface waters.
PART I
Permit - Page 8
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.)
3. Stormwater Management Controls.
The SWMP must include a description of all stormwater management controls that will be implemented as part of the
construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater
management controls in the SWMP shall reflect the potential pollutant sources identified at the facility.
The description of stormwater management controls shall address the following components, at a minimum:
a) SWMP Administrator - The SWMP shall identify a specific individual(s), position or title who is responsible for
developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the
administrator shall address all aspects of the facility’s SWMP.
b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials and activities, at
a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall
identify and describe those sources determined to have the potential to contribute pollutants to stormwater
discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph
(c), below.
At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute
pollutants to stormwater discharges, and identified in the SWMP if found to have such potential:
1) all disturbed and stored soils;
2) vehicle tracking of sediments;
3) management of contaminated soils;
4) loading and unloading operations;
5) outdoor storage activities (building materials, fertilizers, chemicals, etc.);
6) vehicle and equipment maintenance and fueling;
7) significant dust or particulate generating processes;
8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.;
9) on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.);
10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment;
11) dedicated asphalt and concrete batch plants;
12) non-industrial waste sources such as worker trash and portable toilets; and
13) other areas or procedures where potential spills can occur.
c) Best Management Practices (BMPs) for Stormwater Pollution Prevention - The SWMP shall identify and
describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will
be implemented at the facility to reduce the potential of the sources identified in Part I.C.3.b to contribute pollutants
to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for
each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP.
1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all
structural practices implemented at the site to minimize erosion and sediment transport. Practices may include,
but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales,
sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary
or permanent sediment basins.
2) Non-Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as
applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport.
Description must include interim and permanent stabilization practices, and site-specific scheduling for
implementation of the practices. The SWMP should include practices to ensure that existing vegetation is
preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation,
permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips,
protection of trees, and preservation of mature vegetation.
PART I
Permit - Page 9
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.)
3) Phased BMP Implementation. The SWMP shall clearly describe the relationship between the phases of
construction, and the implementation and maintenance of both structural and non-structural stormwater
management controls. The SWMP must identify the stormwater management controls to be implemented
during the project phases, which can include, but are not limited to, clearing and grubbing; road construction;
utility and infrastructure installation; vertical construction; final grading; and final stabilization.
4) Materials Handling and Spill Prevention. The SWMP shall clearly describe and locate all practices
implemented at the site to minimize impacts from procedures or significant materials (see definitions at Part
I.E.) that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed
storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment
maintenance or fueling procedures.
Areas or procedures where potential spills can occur must have spill prevention and response procedures
identified in the SWMP.
5) Dedicated Concrete or Asphalt Batch Plants. The SWMP shall clearly describe and locate all practices
implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated
asphalt batch plants covered by this certification.
6) Vehicle Tracking Control. The SWMP shall clearly describe and locate all practices implemented at the site to
control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of
potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads;
graveled parking areas; requiring that vehicles stay on paved areas on-site; wash racks; contractor education;
and/or sediment control BMPs, etc.
7) Waste Management and Disposal, Including Concrete Washout.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from all construction site wastes (liquid and solid), including concrete washout activities.
ii) The practices used for concrete washout must ensure that these activities do not result in the contribution
of pollutants associated with the washing activity to stormwater runoff.
iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground.
The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout
water from concrete washout activities is discharged from the site as surface runoff or to surface waters.
8) Groundwater and Stormwater Dewatering.
i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater
pollution from the dewatering of groundwater or stormwater from excavations, wells, etc.
ii) Part I.D.3.d of the permit authorizes the conditional discharge of construction dewatering to the ground.
For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit,
the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater
from construction dewatering is discharged from the site as surface runoff or to surface waters.
4. Final Stabilization and Long-term Stormwater Management
a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site,
and any planned practices to control pollutants in stormwater discharges that will occur after construction operations
have been completed at the site.
b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and
application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch
or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is
achieved; etc.
PART I
Permit - Page 10
Permit No. COR-030000
C. STORMWATER MANAGEMENT PLAN (SWMP) – CONTENTS (cont.)
c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and
uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-
disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.
The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria in this
section for specific operations.
5. Inspection and Maintenance
Part I.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP
maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to
maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and
effective operating condition.
D. TERMS AND CONDITIONS
1. General Limitations
The following limitations shall apply to all discharges covered by this permit:
a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or
measurably contribute to an exceedance of any water quality standard, including narrative standards for water
quality.
b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On-site
permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete
washout waste that will subsequently be disposed of off-site is authorized by this permit. See Part I.D.3.c of the
permit.
c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or
equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters.
d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the
Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate
correspondence.
e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is
reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in
removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing.
f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not
authorize on-site waste disposal.
g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, counties, drainage
districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water
courses under their jurisdiction, including applicable requirements in municipal stormwater management programs
developed to comply with CDPS permits. Dischargers must comply with local stormwater management
requirements, policies or guidelines including erosion and sediment control.
2. BMP Implementation and Design Standards
Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and
pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential
pollutant sources associated with construction activity to prevent pollution or degradation of State waters.
PART I
Permit - Page 11
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3. Prohibition of Non-Stormwater Discharges
a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed
entirely of stormwater associated with construction activity. Discharges of material other than stormwater must
be addressed in a separate CDPS permit issued for that discharge.
b) Discharges from the following sources that are combined with stormwater discharges associated with construction
activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified
in the SWMP (see Part I.C.1.g of this permit):
- emergency fire fighting activities - landscape irrigation return flow
- uncontaminated springs
c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be
authorized by this permit, provided that:
1) the source is identified in the SWMP;
2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in
violation of Part I.D.1.a; and
3) these discharges do not leave the site as surface runoff or to surface waters
d) Discharges to the ground of water from construction dewatering activities may be authorized by this permit,
provided that:
1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in
concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42;
2) the source is identified in the SWMP;
3) BMPs are included in the SWMP, as required by Part I.C.3(c)(8); and
4) these discharges do not leave the site as surface runoff or to surface waters.
Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered
under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS
discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial
pollutant plume, underground storage tank, or other source.
4. Releases in Excess of Reportable Quantities
This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any
discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification
Requirements (see Part II.A.3 of the permit).
5. SWMP Requirements
a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the
general permit, and certification of its completion submitted with the application. The SWMP shall be implemented
prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c,
below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage.
b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified
by the permittee, is approved by the Division.
c) SWMP Review/Changes: The permittee shall amend the SWMP:
1) when there is a change in design, construction, operation, or maintenance of the site, which would require the
implementation of new or revised BMPs; or
2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater
discharges associated with construction activity; or
PART I
Permit - Page 12
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3) when BMPs are no longer necessary and are removed.
SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below.
SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of
appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices.
The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any
interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during
the interim period.
d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often
required to be made in response to changing conditions, or when current BMPs are determined ineffective. The
majority of SWMP revisions to address these changes can be made immediately with quick in-the-field revisions to
the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is
necessary, SWMP revisions shall be made in accordance with the following requirements:
1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in
BMP installation and/or implementation occur at the site, and
2) a notation must be included in the SWMP prior to the site change(s) that includes the time and date of the
change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s).
6. Inspections
Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required
minimum inspection schedules do not reduce or eliminate the permittee’s responsibility to implement and maintain BMPs
in good and effective operational condition, and in accordance with the SWMP, which could require more frequent
inspections.
a) Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance
with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post-storm event inspections
must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion.
Provided the timing is appropriate, the post-storm inspections may be used to fulfill the 14-day routine inspection
requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to
ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications
to this Minimum Inspection Schedule are allowed:
1) Post-Storm Event Inspections at Temporarily Idle Sites – If no construction activities will occur following a
storm event, post-storm event inspections shall be conducted prior to re-commencing construction activities,
but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be
documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar
days.
2) Inspections at Completed Sites/Areas – For sites or portions of sites that meet the following criteria, but final
stabilization has not been achieved due to a vegetative cover that has not become established, the permittee
shall make a thorough inspection of their stormwater management system at least once every month, and post-
storm event inspections are not required. This reduced inspection schedule is only allowed if:
i) all construction activities that will result in surface ground disturbance are completed;
ii) all activities required for final stabilization, in accordance with the SWMP, have been completed, with
the exception of the application of seed that has not occurred due to seasonal conditions or the necessity
for additional seed application to augment previous efforts; and
iii) the SWMP has been amended to indicate those areas that will be inspected in accordance with the
reduced schedule allowed for in this paragraph.
PART I
Permit - Page 13
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
3) Winter Conditions Inspections Exclusion – Inspections are not required at sites where construction activities
are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions
posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting
conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post-storm-
event inspections. The following information must be documented in the inspection record for use of this
exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting
conditions began. Inspections, as described above, are required at all other times.
When site conditions make the schedule required in this section impractical, the permittee may petition the Division
to grant an alternate inspection schedule.
b) Inspection Requirements
1) Inspection Scope - The construction site perimeter, all disturbed areas, material and/or waste storage areas that
are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected
for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater
drainage system, or discharging to state waters. All erosion and sediment control practices identified in the
SWMP shall be evaluated to ensure that they are maintained and operating correctly.
2) Inspection Report/Records - The permittee shall keep a record of inspections. Inspection reports must
identify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must
be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection
report must include:
i) The inspection date;
ii) Name(s) and title(s) of personnel making the inspection;
iii) Location(s) of discharges of sediment or other pollutants from the site;
iv) Location(s) of BMPs that need to be maintained;
v) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection;
vii) Deviations from the minimum inspection schedule as provided in Part I.D.6.a above;
vii) Description of corrective action for items iii, iv, v, and vi, above, dates corrective action(s) taken, and
measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and
viii) After adequate corrective action(s) has been taken, or where a report does not identify any incidents
requiring corrective action, the report shall contain a signed statement indicating the site is in compliance
with the permit to the best of the signer’s knowledge and belief.
c) Required Actions Following Site Inspections – Where site inspections note the need for BMP maintenance
activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the permit. Repair,
replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or
inadequate BMPs must be conducted in accordance with Part I.D.8 of the permit. SWMP updates required as a
result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part I.D.5.c of the
permit.
7. BMP Maintenance
All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in
effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection
and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not
adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal
of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively
and must be addressed in accordance with Part I.D.8, below. A specific timeline for implementing maintenance
procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive.
Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations
of site conditions.
PART I
Permit - Page 14
Permit No. COR-030000
D. TERMS AND CONDITIONS (cont.)
8. Replacement and Failed BMPs
Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess
the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance.
Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be
installed to ensure on-going implementation of BMPs as per Part I.D.2.
Where BMPs have failed, resulting in noncompliance with Part I.D.2, they must be addressed as soon as possible,
immediately in most cases, to minimize the discharge of pollutants.
When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part I.D.5(c).
9. Reporting
No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a
copy of the inspection reports be submitted.
10. SWMP Availability
A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving
sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified in the
request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in
accordance with Part I.F.1 of the permit, certifying that the SWMP is complete and meets all permit requirements.
All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of
the CWA and Section 61.5(4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans
available to members of the public upon request. However, the permittee may claim any portion of a SWMP as
confidential in accordance with 40 CFR Part 2.
11. Total Maximum Daily Load (TMDL)
If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges
associated with construction activity have been assigned a pollutant-specific Wasteload Allocation (WLA) under the
TMDL, the Division will either:
a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal
stormwater permit; or
b) Notify the permittee of the WLA, and amend the permittee’s certification to add specific BMPs and/or other
requirements, as appropriate. The permittee may be required to do the following:
1) Under the permittee’s SWMP, implement specific management practices based on requirements of the WLA,
and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or
if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements
are expected to be met; and
2) If the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the
BMP additions/revisions.
Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they
comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate
general permit coverage.
PART I
Permit - Page 15
Permit No. COR-030000
E. ADDITIONAL DEFINITIONS
For the purposes of this permit:
1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment
requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste
disposal, or drainage from material storage.
2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent
to a construction site and that provide materials only to that specific construction site.
3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative
cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent
permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a
vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered
final stabilization.
4. Municipal separate storm sewer system: a conveyance or system of conveyances (including: roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated
by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of
sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater.
5. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can
be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is
anticipated that at different phases of a construction project, different types of parties may satisfy the definition of
'operator' and that the permit may be transferred as the roles change.
6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a
stormwater collection system.
7. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules.
8. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical
waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or
any industrial, municipal or agricultural waste.
10. Process water: any water which, during manufacturing or processing, comes into contact with or results from the
production of any raw material, intermediate product, finished product, by product or waste product. This definition
includes mine drainage.
11. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stormwater
related to construction activities discharges. This definition includes all water courses, even if they are usually dry, such as
borrow ditches, arroyos, and other unnamed waterways.
12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharge.
13. Stormwater: precipitation-induced surface runoff.
PART I
Permit - Page 16
Permit No. COR-030000
F. GENERAL REQUIREMENTS
1. Signatory Requirements
a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the
following criteria:
1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her
duly authorized representative, if such representative is responsible for the overall operation of the facility from
which the discharge described in the form originates;
2) In the case of a partnership, by a general partner;
3) In the case of a sole proprietorship, by the proprietor;
4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected
official, or other duly authorized employee, if such representative is responsible for the overall operation of the
facility from which the discharge described in the form originates.
b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together
with any reports, information, or applications to be signed by an authorized representative.
c) Certification. Any person signing a document under paragraph a) of this section shall make the following
certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations.”
2. Retention of Records
a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to
complete the application to be covered by this permit, for three years after expiration or inactivation of permit
coverage.
b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of
project initiation to the date of expiration or inactivation of permit coverage, unless another location, specified by
the permittee, is approved by the Division.
3. Monitoring
The Division reserves the right to require sampling and testing, on a case-by-case basis (see Part I.D.1.e), for example to
implement the provisions of a TMDL (see Part I.D.11 of the permit). Reporting procedures for any monitoring data
collected will be included in the notification by the Division of monitoring requirements.
If monitoring is required, the following definitions apply:
a) The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30)
consecutive-day period.
b) A grab sample, for monitoring requirements, is a single “dip and take” sample.
PART II
Permit - Page 17
Permit No. COR-030000
PART II
A. MANAGEMENT REQUIREMENTS
1. Amending a Permit Certification
The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit
application, including the legal contact, the project legal description or map originally submitted with the application, or
the planned total disturbed acreage. The permittee shall furnish the Division with any plans and specifications which the
Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this
notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the
discharge. The SWMP shall be updated and implemented prior to the changes (see Part I.D.5.c).
Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different
CDPS permit is prohibited.
2. Special Notifications - Definitions
a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters.
b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit discharge
limitations because of factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
3. Noncompliance Notification
a) The permittee shall report the following instances of noncompliance:
1) Any noncompliance which may endanger health or the environment;
2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state.
3) Any discharge of stormwater which may cause an exceedance of a water quality standard.
b) For all instances of noncompliance based on environmental hazards and chemical spills and releases, all needed
information must be provided orally to the Colorado Department of Public Health and Environment spill reporting
line (24-hour number for environmental hazards and chemical spills and releases: 1-877-518-5608) within 24 hours
from the time the permittee becomes aware of the circumstances.
For all other instances of noncompliance as defined in this section, all needed information must be provided orally to
the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the
circumstances.
For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar
days of the time the permittee becomes aware of the circumstances. The written submission shall contain a
description of:
1) The noncompliance and its cause;
2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
PART II
Permit - Page 18
Permit No. COR-030000
A. MANAGEMENT REQUIREMENTS (cont.)
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly
submit the relevant application information which was not submitted or any additional information needed to correct any
erroneous information previously submitted.
5. Bypass
a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3
and I.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a
permittee for such a bypass, unless:
1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g.,
alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g.,
implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
3) The permittee submitted notices as required in "Non-Compliance Notification," Part II.A.3.
6. Upsets
a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit
limitations and requirements if the requirements of paragraph b of this section are met. (No determination made
during administrative review of claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.)
b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative defense
of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that:
1) An upset occurred and that the permittee can identify the specific cause(s) of the upset;
2) The permitted facility was at the time being properly operated;
3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and
4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal
regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations.
c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
7. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed
of in a manner such as to prevent any pollutant from such materials from entering waters of the State.
8. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from
noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring
as necessary to determine the nature and impact of the noncomplying discharge.
PART II
Permit - Page 19
Permit No. COR-030000
A. MANAGEMENT REQUIREMENTS (cont.)
9. Reduction, Loss, or Failure of Stormwater Controls
The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements.
Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to maintain
compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both, until
the stormwater controls are restored or an alternative method of treatment/control is provided.
It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this permit.
10. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
B. RESPONSIBILITIES
1. Inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator,
and/or their authorized representative(s), upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are
required to be kept under the terms and conditions of this permit;
b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of
this permit and to inspect any monitoring equipment or monitoring method required in the permit; and
c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of
water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is
not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs,
interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all
facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any alleged
violation.
2. Duty to Provide Information
The permittee shall furnish to the Division, within the time frame specified by the Division, any information which the
Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage
under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon
request, copies of records required to be kept by this permit.
3. Transfer of Ownership or Control
Certification under this permit may be transferred to a new permittee if:
a) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part I.A.7; and
b) The notice includes a written agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them; and
c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section
61.15.
PART II
Permit - Page 20
Permit No. COR-030000
B. RESPONSIBILITIES (cont.)
4. Modification, Suspension, or Revocation of Permit By Division
All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the
Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for
minor modifications.
a) This permit, and/or certification under this permit, may be modified, suspended, or revoked in whole or in part
during its term for reasons determined by the Division including, but not limited to, the following:
1) Violation of any terms or conditions of the permit;
2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or
denial of a permit or to the establishment of terms or conditions of the permit;
3) Materially false or inaccurate statements or information in the application for the permit;
4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in
such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where
such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit.
b) This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any
condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as:
1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or
2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or
3) Control regulations promulgated; or
4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream
classifications.
c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent
limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such
effluent limitations and permit conditions are necessary to ensure compliance with applicable water quality
standards and protection of classified uses.
d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following
conditions are met:
1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and
certifies that the site has been finally stabilized;
2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to
the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State.
3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State
statutes and regulations for such modification, amendment or inactivation;
4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and
5) Applicable requirements of public notice have been met.
For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically
terminated when a site has been finally stabilized.
PART II
Permit - Page 21
Permit No. COR-030000
B. RESPONSIBILITIES (cont.)
5. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit.
Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR
122.26(b)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage
under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be
in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to
comply with CDPS permit requirements will also constitute a violation.
6. Legal Responsibilities
The issuance of this permit does not convey any property or water rights in either real or personal property, or stream
flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights,
nor any infringement of Federal, State or local laws or regulations.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority
granted by Section 510 of the Clean Water Act.
7. Severability
The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this
permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application of
the remainder of this permit shall not be affected.
8. Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days
before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this
permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B.4.d.
9. Confidentiality
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge
Permit System Regulations, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of
submittal.
Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has
been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any
sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or
employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection
of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full
disclosure of effluent data.
10. Fees
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to
submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to
Section 25-8-60l et. seq., C.R.S. l973 as amended.
PART II
Permit - Page 22
Permit No. COR-030000
B. RESPONSIBILITIES (cont.)
11. Requiring an Individual CDPS Permit
The Director may require the permittee to apply for and obtain an individual or alternate general CDPS permit if:
a) The discharger is not in compliance with the conditions of this general permit;
b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or
c) Data/information become available which indicate water quality standards may be violated.
The permittee must be notified in writing that an application for an individual or alternate general CDPS permit is required.
When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit,
the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual
or alternate general CDPS permit.
C
APPENDIX C—STORMWATER FACT SHEET—CONSTRUCTION
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division – Stormwater Program
Page 1 of 10 Revised 7/07
STORMWATER FACT SHEET – CONSTRUCTION
Contact information
Colorado Department of Public Health and Environment
Water Quality Control Division – Stormwater Program
WQCD-Permits-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
Telephone: (303) 692-3517
Email: cdphe.wqstorm@state.co.us
Web Page: www.cdphe.state.co.us/wq/PermitsUnit
Contents
A. Introduction ...................................................................1
B. Obtaining Regulatory Coverage...................................2
1. Do you need a Permit?...........................................2
a. Applying for a Permit.......................................3
b. Options: Small Construction Sites..................3
i. Qualifying Local Programs ........................3
ii. R-Factor Waiver..........................................3
2. Who May Apply? ...................................................3
C. Permit Requirements ....................................................4
D. Local Stormwater Requirements .................................5
E. Amending Your Permit Certification ..........................5
F. Ending Your Permit Coverage.....................................5
G. Multiple Owner/Developer Sites ..................................6
1. Permit Coverage.....................................................6
2. Permit Compliance.................................................8
H. Sale of Residence to Homeowners................................9
I. Construction Dewatering............................................10
J. Concrete Washout .......................................................10
A. INTRODUCTION
LLooookk ffoorr
tthhiiss ssyy
mmbbooll tthhrr
oouugghhoouutt
tthhiiss gguuii
ddee ffoorr bb
rriieeff ssuumm
mmaarriieess oo
ff tthhee mmoo
sstt iimmppoorr
ttaanntt iinnff
oorrmmaattiioonn
yyoouu nneeee
dd ttoo
kknnooww aabboo
uutt ssttoorrmm
wwaatteerr ppee
rrmmiittttiinngg
ffoorr ccoonn
ssttrruuccttiioo
nn aaccttiivvii
ttiieess.. TT
hheenn rreeaadd
ffuurrtthheerr
iiff yyoouu
wwaanntt mmoorr
ee ddeettaaiill
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 2 of 10 Revised 7/07
Excess sediment can cause a number of other problems for waterbodies, such as increased difficulty in filtering drinking
water, and clouding the waters, which can kill plants growing in the river and suffocate fish. A number of pollutants,
such as nutrients, are absorbed onto sediment particles and also are a source of pollution associated with sediment
discharged from construction sites.
In addition, construction activities often require the use of toxic or hazardous materials such as fuel, fertilizers,
pesticides and herbicides, and building materials such as asphalt, sealants and concrete, which may also pollute
stormwater. These materials can be harmful to humans, plants and aquatic life.
This Fact Sheet provides general guidance for compliance with the CDPS permitting requirements for stormwater
discharges from construction activities. The Division reserves the right to interpret the permitting requirements on a
case-by-case basis, as necessary.
B. OBTAINING REGULATORY COVERAGE FOR CONSTRUCTION SITES
YYoouu mmuusstt
oobbttaaiinn
ppeerrmmiitt cc
oovveerraaggee
(oorr aann RR
-FFaaccttoorr
wwaaiivveerr))
ttoo ddiisscchh
aarrggee ssttoo
rrmmwwaatteerr
ffrroomm aannyy
ccoonnssttrruu
ccttiioonn
aaccttiivviittyy
tthhaatt ddii
ssttuurrbbss aa
tt lleeaasstt
11 aaccrree oo
ff llaanndd (
oorr iiss ppaa
rrtt ooff aa
llaarrggeerr cc
oommmmoonn ppll
aann ooff ddee
vveellooppmmeenn
tt oorr ssaall
ee tthhaatt ww
iillll
ddiissttuurrbb
aatt lleeaasstt
11 aaccrree))
.
TThhee oowwnnee
rr oorr ooppee
rraattoorr mmuu
sstt aappppllyy
ffoorr ccoovv
eerraaggee uunn
ddeerr tthhee
SSttoorrmmwwaatt
eerr CCoonnsstt
rruuccttiioonn
PPeerrmmiitt aa
tt lleeaasstt
1100 ddaayyss
pprriioorr ttoo
tthhee ssttaa
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 3 of 10 Revised 7/07
a) Applying for a permit
Application for coverage under the Stormwater Construction Permit must be made at least 10 days prior to the
start of construction activities, unless the site is a Small Construction Site that qualifies for an alternative option
discussed in B.1.b, below. An application, which includes guidance on developing a Stormwater Management
Plan (SWMP), is available from the Division. The SWMP must be completed prior to application. See Section
C, “Permit Requirements,” for further information. If your application is complete, it will be processed and your
permit certification mailed to you.
The Stormwater Construction Permit certification must be inactivated once the site has been finally stabilized, in
order to end permit coverage and billing. An inactivation form is supplied with the permit certification.
b) Additional Options for Small Construction Sites (at least 1 acre, but less than 5 acres of disturbance)
The following options may apply to Small Construction Sites that disturb less than 5 acres, and are not part of a
larger common plan of development exceeding 5 acres.. (Regardless of which option applies at the State level,
all local requirements must still be met as discussed in Section D, below.)
The options discussed under Parts b.i and b.ii below are not available for Large Construction Sites.
i) Obtain coverage under a State-designated Qualifying Local Program
(Available for Small Construction Sites only)
The Division may designate a local municipality’s stormwater quality control program as a Qualifying Local
Program. This means that the local program’s requirements are at least as stringent as the State permit. In
this case, it is not required for the owner or operator to apply for permit coverage under the Stormwater
Construction Permit. The local municipality will be responsible for notifying you that you do not need to
apply for State coverage, if this is an option. You can also view a list of the few municipalities with
Qualifying Local Programs at the Division’s web page (see first page for web address).
The local program must have been formally designated by the Division to qualify. Most municipalities have
some type of local program and may require permits and fees. However, simply having a local program in
place does not necessarily mean that it is a qualifying program and that the Division’s Stormwater
Construction Permit application is not required.
ii) Apply for coverage under the R-Factor Waiver
(Available for Small Construction Sites only)
The R-Factor waiver allows a site owner or operator to apply for a waiver from coverage under the
Division’s Stormwater Construction Permit, if the R-Factor, calculated using the State-approved method, is
less than 5 during the period of construction. The R-Factor is a way to measure erosion potential based on
the length of the project and time of year. An application with instructions for using the State-approved
method is available from the Division’s web page (see first page for web address).
In general, the only projects that will qualify for the waiver are projects that are completely stabilized
within a month or two after the start of construction. That means that projects relying on seeding for
revegetation will usually not qualify for the waiver, because the vegetation must be established before the
site is considered stabilized. During the spring and summer months, when Colorado experiences the bulk of
its rainfall, many projects will not qualify at all for the waiver. In addition, the Division will not grant
waivers for construction sites located in areas where snow cover exists at, or up gradient of, the site for
extended periods of time, if the construction site will potentially remain active and unstabilized during
spring runoff.
This waiver does not relieve the operator or owner from complying with the requirements of local agencies,
such as meeting local stormwater quality requirements, including those required by a Qualifying Local
Program as discussed in Section B.1.b.i, above.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 4 of 10 Revised 7/07
2) Who may apply for permit coverage?
The Permit applicant must be a legal entity that meets the definition of the owner and/or operator of the construction
site, in order for this application to legally cover the activities occurring at the site. The applicant must have day-to-
day supervision and control over activities at the site and implementation of the SWMP. Although it is acceptable
for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below,
the applicant remains liable for violations resulting from the actions of their contractor and/or subcontractors.
Examples of acceptable applicants include:
• Owner or Developer - An owner or developer who is operating as the site manager or otherwise has supervision
and control over the site, either directly or through a contract with an entity such as those listed below.
• General Contractor or Subcontractor - A contractor with contractual responsibility and operational control
(including SWMP implementation) to address the impacts construction activities may have on stormwater
quality.
• Other Designated Agents/Contractors - Other agents, such as a consultant acting as construction manager
under contract with the owner or developer, with contractual responsibility and operational control (including
SWMP implementation) to address the impacts construction activities may have on stormwater quality.
An entity conducting construction activities at a site may be held liable for operating without the necessary permit
coverage if the site does not have a permit certification in place that is issued to an owner and/or operator. For
example, if a site (or portion of a site) is sold or the contractor conducting construction activities changes, the site’s
permit certification may end up being held by a permittee (e.g., the previous owner or contractor) who is no longer
the current owner and/or operator. In this case, the existing permit certification will no longer cover the new
operator’s activities, and a new certification must be issued, or the current certification transferred. See Section F,
below, for additional guidance on scenarios with multiple owners and/or operators.
Utilities, Other Subcontractors, etc.: A separate permit certification is not needed for subcontractors, such as
utility service line installers, where the permittee or their contractor is identified as having the operational control to
address any impacts the subcontractor’s activities may have on stormwater quality. Although separate permit
coverage may not be needed in some cases, these entities are not exempt from the stormwater regulations for all of
their projects and may still be held liable if their activities result in the discharge of pollutants.
Leases: When dealing with leased land or facilities, the lessee shall be considered the “owner” for the purposes of
stormwater permitting if they are responsible for the activities occurring at the site.
C. PERMIT REQUIREMENTS
TThhee pprriimm
aarryy rreeqquu
iirreemmeenntt
ooff tthhee SS
ttoorrmmwwaattee
rr CCoonnssttrr
uuccttiioonn PP
eerrmmiitt iiss
tthhee ddeevv
eellooppmmeenntt
aanndd iimmpp
lleemmeennttaatt
iioonn
ooff aa SSttoo
rrmmwwaatteerr
MMaannaaggeemmee
nntt PPllaann
(SSWWMMPP)).
TThhee ppeerr
mmiitt aappppll
iiccaattiioonn
iinncclluuddeess
gguuiiddaanncc
ee tthhaatt mm
uusstt bbee
ffoolllloowweedd
ffoorr ddeevv
eellooppmmeenntt
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 5 of 10 Revised 7/07
D. LOCAL STORMWATER REQUIREMENTS FOR CONSTRUCTION
WWhheerree lloo
ccaall rreeqquu
iirreemmeennttss
eexxiisstt ff
oorr ssttoorrmm
wwaatteerr mmaa
nnaaggeemmeenntt
,aann oowwnn
eerr//ooppeerraa
ttoorr mmuusstt
ccoommppllyy
wwiitthh bboott
hh
tthhee DDiivvii
ssiioonn’’ss aa
nndd tthhee ll
ooccaall aaggee
nnccyy’’ss rree
qquuiirreemmeenn
ttss..
In addition to the requirement to obtain and comply with the Division’s Stormwater Construction Permit, it is possible
that additional government agencies (i.e., cities, counties, and special districts) may impose local requirements to
control the discharge of pollutants from construction activities. An owner or operator of a construction activity must
comply with the Stormwater Construction Permit requirements discussed in this Fact Sheet, even if they are also
covered by a local program’s requirements. (However, in the case of a Qualifying Local Program, as discussed in
Section B.1.b.ii, some administrative requirements for the Stormwater Construction Permit may be simplified.)
Likewise, the Stormwater Construction Permit does not pre-empt or supersede the authority of local agencies to
prohibit, restrict, or control discharges of stormwater. Where a local program places additional restrictions on
stormwater management at a construction site within its jurisdiction, the owner/operator must comply with those stricter
requirements in addition to the Division’s permitting requirements. For example, although the Division allows several
options for permitting at multiple owner/operator sites, a local authority may restrict these options and require specific
procedures to be followed for who maintains permit coverage and authority for stormwater discharges.
MS4 Permits
Many cities, counties, and special districts are covered by a Municipal Separate Storm Sewer System (MS4)
permit. These permits require the governmental entity to implement various programs to improve stormwater
quality in their jurisdiction. Included in these permits is the requirement to implement a program to manage the
discharge of pollutants from construction sites within their jurisdiction. Therefore, if a construction site located
within the jurisdiction of one of these government entities does not properly manage stormwater at that site, the
government entity may be in violation of their permit in addition to the construction site owner and operator.
E. AMENDING YOUR PERMIT CERTIFICATION
TThhiiss sseecc
ttiioonn iiss
oonnllyy aapppp
lliiccaabbllee
iiff tthhee ll
iimmiitteedd ii
nnffoorrmmaattii
oonn oonn tthh
ee ccoonnssttrr
uuccttiioonn pp
rroojjeecctt ss
uubbmmiitttteedd
iinn tthhee
ttwwoo--
ppaaggee aapppp
lliiccaattiioonn
ffoorrmm cchh
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 6 of 10 Revised 7/07
1) Inactivation notice
Permit coverage for a site that has been finally stabilized in accordance with the SWMP (see definition in Section
B.1, above), may be inactivated by submitting a completed Inactivation Notice form. This form contains a
certification statement that must be signed in accordance with the General Requirements of the permit.
Also, the permittee may inactivate permit coverage at sites where all areas have been removed from their permit
coverage, by one or more of the methods below:
• reassignment of permit coverage (see Section F.3);
• sale to homeowner(s) (see Section H); and/or
• amendment by the permittee, as discussed in Section E, above for areas where permit coverage has been
obtained by a new operator (see Part G.1, below) or the area is returned to agricultural use (see the Division’s
Oil and Gas Construction Fact Sheet).
In these cases the permittee would no longer have any land covered under their permit certification, and therefore
there would be no areas remaining to finally stabilize. Submittal of an Inactivation Notice is still required and must
discuss how the above conditions have been met.
2) Transfer of permit
Permit coverage for a construction site may be transferred to a new entity when responsibility for stormwater
discharges at the site changes from the permittee to the new entity. To transfer permit coverage, the permittee must
submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with the
General Requirements of the permit.
If the new entity will not complete their portion of the transfer form, the permit certification may be inactivated if
the permittee has no legal responsibility for the construction activities at the site, requests inactivation in written
correspondence to the Division, and submits a completed Inactivation Notice form.
3) Reassignment of permit
Permit coverage for a specific portion of a permitted site may be reassigned to a new entity when a permittee no
longer has control of that portion of the site, and wishes to transfer coverage of that portion to a second party. To
reassign permit coverage for a specific portion of a permitted site, the permittee must submit a completed Notice of
Reassignment of Permit Coverage form that is signed in accordance with the General Requirements of the permit.
If the new entity will not complete their portion of the reassignment form, the specific portion of the site may be
removed from permit coverage if the permittee has no legal responsibility for the construction activities at the
portion of the site, and a written request (including contact information for the new entity) is submitted to the
Division.
G. PERMITTING FOR DEVELOPMENTS WITH MULTIPLE OWNERS AND/OR OPERATORS
FFoorr ssiittuu
aattiioonnss ww
hheerree mmuull
ttiippllee eenn
ttiittiieess mm
eeeett tthhee
ddeeffiinniittii
oonn ooff ooww
nneerrss aanndd
/oorr ooppeerr
aattoorrss ffoo
rr ddiiffffeerr
eenntt
ppoorrttiioonnss
ooff aa ddee
vveellooppmmeenn
tt (ee..gg..,
aa ssiinnggll
ee ddeevveelloo
ppmmeenntt wwii
tthh mmuullttii
ppllee lloottss
bbeeiinngg oo
wwnneedd aanndd
ooppeerraattee
dd bbyy
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 7 of 10 Revised 7/07
a) Coverage Under the Existing Certification – Activities at the sold area may continue to be covered under an
existing permit certification for the project if the current permittee meets the definition of operator for the sold
area. To meet the definition of operator, the current permittee must have contractual responsibility and
operational control to address the impacts that construction activities at the sold area may have on stormwater
runoff (including implementation of the SWMP for the sold area). Therefore, a legally binding agreement must
exist assigning this responsibility to the current permit holder on behalf of the new owner and/or operator for the
sold area. It is not necessary to notify the Division in such case. However, documentation of the agreement
must be available upon request, and the SWMP must be maintained to include all activities covered by the
Stormwater Construction Permit.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit
certification that covers a larger area, which includes the sold lot. Developer Dan and Builder Bob may enter
into a contract that assigns the responsibility for permit coverage and stormwater management to Developer Dan
for Builder Bob’s lot. Developer Dan is also responsible for making sure his SWMP includes the activities on
the sold lot. Developer Dan’s permit certification will continue to cover construction activities on Builder Bob’s
lot.
b) New Certification Issued – Reassignment – A new permit certification may be issued to the new owner and/or
operator of the sold area. The existing permittee and the new owner and/or operator must complete the
Reassignment Form (available from the Division’s web page, see page 1) to remove the sold area from the
existing permit certification and cover it under a certification issued to the owner and/or operator of the sold
area. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit
certification that covers a larger area, which includes the sold lot. For this example, Developer Dan and Builder
Bob must jointly submit the Reassignment Form. Builder Bob will be issued a new permit certification for his
lot and the lot will be removed from Developer Dan’s permit coverage. Prior to submittal of the Reassignment
Form, Developer Dan must revise his SWMP to reflect the changes in his covered area and activities, and
Builder Bob must develop his own SWMP to cover the area and activities he will obtain coverage for.
c) Amend Existing Permit Certifications – In some cases, both parties (the original owner/operator and the new
owner/operator of an area undergoing transfer of ownership or operation) will already both be permit holders for
their portions of the overall project (i.e., at least two permit certifications are issued for the project and cover
both the party wishing to reassign coverage and the party wishing to accept coverage). When an additional area
is transferred between the two parties, the permittees may simply amend their permit certifications instead of
completing the Reassignment Form. Both parties must separately complete the procedures discussed in Section
E to amend their permit coverage, removing the applicable area(s) from the original owner/operator’s permit
coverage, and adding the area(s) to the new owner/operator’s permit coverage. The requests must cite both
permit certification numbers. (Note: this request may be submitted jointly if it is signed by both entities.)
This option will likely be used in cases where a developer and an owner have already submitted a Reassignment
Form, as discussed in Part b, above, where an initial transfer of lots has occurred, and then additional lots are
transferred at a later date. Both entities must have SWMPs in place that accurately reflect their current covered
areas and activities.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit
certification that covers a larger area, which includes the sold lot. In addition, Builder Bob also holds a permit
certification for other portions of the development which he already owns, and Builder Bob wishes to cover his
new lot under this certification. Developer Dan submits a request to remove the lot from his permit certification
and provides Builder Bob’s permit certification number that the lot will now be covered under. Builder Bob
also submits a request to modify his permit certification to add the lot, and provides Developer Dan’s permit
certification number under which the lot was previously covered. Developer Dan and Builder Bob must revise
their SWMPs to reflect the changes in their covered area and activities.
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 8 of 10 Revised 7/07
2) Permit Compliance for Multiple Owner/Operator Development
AAss aa ppeerr
mmiitttteeee,,
tthhee mmoosstt
iimmppoorrttaa
nntt ccoonnccee
pptt ffoorr pp
rroojjeeccttss
wwhheerree mmuu
llttiippllee ee
nnttiittiieess
aarree iinnvvoo
llvveedd iiss::
iiff
aaccttiivviittii
eess wwiitthhii
nn yyoouurr pp
eerrmmiitttteedd
aarreeaa rree
ssuulltt iinn
ppoolllluuttiioo
nn ooff ssttoo
rrmmwwaatteerr,,
yyoouu aarree
tthhee eenntt
iittyy rreesspp
oonnssiibbllee
ffoorr
eennssuurriinngg
tthhaatt tthh
oossee ppoollll
uuttaannttss aa
rree pprrooppee
rrllyy mmaannaa
ggeedd..
PPeerrmmiittttee
eess aarree rr
eessppoonnssiibb
llee ffoorr cc
oommppllyyiinngg
wwiitthh tthh
ee SSttoorrmmww
aatteerr CCoonn
ssttrruuccttiioo
nn PPeerrmmiitt
rreeqquuiirree
mmeennttss ffoo
rr tthhee
aarreeaass aann
dd aaccttiivvii
ttiieess ffoorr
wwhhiicchh tt
hheeyy hhaavvee
ppeerrmmiitt
ccoovveerraaggee
,aanndd ffoo
rr aallll BBMM
PPss tthheeyy
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 9 of 10 Revised 7/07
ii) The permittee must have adequate permission from the land and/or BMP owner(s) to utilize the off-site
conveyances and BMPs and to ensure proper maintenance and operation. The permittee must be able to
provide evidence of this agreement upon request.
iii) The off-site BMPs must be operated and maintained in accordance with the SWMP(s) and must control the
discharge of pollutants. It may be necessary to enter into agreements with other parties to ensure operation
and maintenance of these BMPs. Regardless of who actually carries out the operation and maintenance of a
BMP, all permittees who make use of the BMP to control pollutants from their construction activities remain
liable if the BMP is not adequately operated and maintained.
iv) All BMPs must be located prior to discharge to surface waters or municipally-owned storm sewer systems.
Liability: In the above examples, to reduce liability, the developer and builder should communicate on
stormwater management issues and document who will be responsible for specific BMPs (e.g., who will
maintain inlet protection and implement street sweeping). If BMPs are not being adequately implemented by
the party defined as responsible, the other party should take the necessary action to ensure pollutants originating
from, or passing through, their permitted area are properly controlled. It is recommended that stormwater
management responsibilities be addressed in contracts or other legal agreements between applicable owners and
operators for construction sites where one party’s actions may impact another party’s permit compliance. These
legal agreements will both help define roles and responsibilities at a multi owner/operator site, and also may be
used to seek damages from a contractor if monetary penalties are issued to a permittee for permit violations.
Example: Developer Dan sells a lot to Builder Bob. Following the procedures discussed in Section G.1.b or c,
above, Builder Bob obtains separate permit coverage for his new lot, ending at the curb line. Because the site
infrastructure is being utilized by several different builders at the project, Developer Dan maintains permit
coverage for the streets, storm drain system, and a large retention pond that is designed and implemented as a
BMP to manage pollutants from construction activities at the development (including Builder Bob’s lot). In
addition to the large pond, inlet protection is also being used to protect storm sewer inlets located on Developer
Dan’s roads, and street sweeping is occurring to control sediment tracked onto Developer Dan’s roads.
Builder Bob is relying on the pond, inlet protection, and street sweeping to manage pollutants from his lot, and
therefore has included the BMPs in his SWMP, as discussed in Section G.2.b, above. The BMPs are also
included in Developer Dan’s SWMP because they are being used to control pollutants from property he still
maintains control over, as discussed in Section G.2.a, above. In addition, Developer Dan and Builder Bob enter
into a contract that clearly defines Developer Dan as being responsible for implementing and maintaining the
infrastructure BMPs (i.e., the pond, inlet protection, and street sweeping BMPs), and requires Builder Bob to
implement additional BMPs on his lots, such as vehicle tracking control and construction waste management.
If the infrastructure BMPs are not properly operated and maintained, or discharges of sediment and/or other
pollutants from Builder Bob’s lot are not properly controlled and overwhelm the infrastructure BMPs, both
Developer Dan and Builder Bob may be in violation of their permits. Therefore, Builder Bob and Developer
Dan must both remain diligent in ensuring that conditions of their contract are being met and BMPs operated by
both parties continue to be implemented in accordance with their SWMPs.
H. SALE OF RESIDENCE TO HOMEOWNERS
RReessiiddeenntt
iiaall lloottss
tthhaatt hhaa
vvee bbeeeenn
ccoonnvveeyyeedd
ttoo aa hhoo
mmeeoowwnneerr
aanndd tthhaatt
mmeeeett tthh
ee ssppeecciiff
iicc ccrriittee
rriiaa bbeelloo
ww ddoo nnoott
rreeqquuiirree
ccoovveerraaggee
uunnddeerr tt
hhee SSttoorrmm
wwaatteerr CCoo
nnssttrruuccttii
oonn PPeerrmmii
Water Quality Control Division – Stormwater Program www.cdphe.state.co.us/wq/permitsunit
Page 10 of 10 Revised 7/07
1) The lot has been sold to the homeowner(s) for private residential use;
2) the lot is less than one acre of disturbed area;
3) all construction activity conducted by the permittee on the lot is completed;
4) a certificate of occupancy (or equivalent) has been awarded to the homeowner; and
5) the SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, the permit coverage for the
conveyed lot may be transferred or reassigned to a new owner or operator (see Parts F and G.1, above).
I. CONSTRUCTION DEWATERING
CCoonnssttrruucc
ttiioonn ddeeww
aatteerriinngg
wwaatteerr ccaa
nn NNOOTT bbee
ddiisscchhaarr
ggeedd ttoo ss
uurrffaaccee ww
aatteerrss oorr
ttoo ssttoorr
mm sseewweerr
ssyysstteemmss
wwiitthhoouutt
sseeppaarraattee
ppeerrmmiitt
ccoovveerraaggee
.TThhee dd
iisscchhaarrggee
ooff CCoonnss
ttrruuccttiioonn
ddeewwaatteerr
iinngg wwaattee
rr ttoo tthhee
ggrroouunndd,,
uunnddeerr
tthhee ssppeecc
iiffiicc ccoonn
ddiittiioonnss
lliisstteedd bb
eellooww,, mmaa
yy bbee aallll
oowweedd bbyy
tthhee SSttoorr
mmwwaatteerr CC
oonnssttrruucctt
iioonn PPeerrmm
iitt wwhheenn
aapppprroopprrii
aattee BBMMPPss
aarree iimmpp
lleemmeenntteedd
.
Two options are available for managing uncontaminated Construction Dewatering water on a construction site.
Construction Dewatering water discharged from the project site, to surface waters or to storm sewer systems, is
considered a process water and requires an industrial process water permit. Applications for dischargers engaged in the
dewatering of uncontaminated groundwater from a construction site are available from the Division’s web site or by
contacting the Division (see first page for address information).
Alternatively, Construction Dewatering water may be discharged to the ground if all of the following conditions are
met:
1) The discharge and the BMPs are included in the SWMP;
D
APPENDIX D—BMP DETAILS
E
APPENDIX E—OTHER FORMS
BLANK INACTIVATION NOTICE
BLANK NOTICE OF TRANSFER
Colorado Water Quality Control Division Notice of Termination
Construction Stormwater Inactivation Notice
www.coloradowaterpermits.com
Page 1 of 2 form last revised May 2010
Print or type all information. All items must be filled out completely and correctly. If the form is not complete, it
will be returned. All permit terminations dates are effective on the date approved by the Division.
MAIL ORIGINAL FORM WITH INK SIGNATURES TO THE FOLLOWING ADDRESS:
Colorado Dept of Public Health and Environment
Water Quality Control Division
4300 Cherry Creek Dr South, WQCD-P-B2
Denver, CO 80246-1530
FAXED OR EMAILED FORMS WILL NOT BE ACCEPTED.
PART A. IDENTIFICATION OF PERMIT Please write the permit certification number to be terminated
Permit Certification Number (four digits, not “0000”): COR03 __ __ __ __
PART B. PERMITTEE INFORMATION
Company Name
Mailing Address
City State Zip code
Legal Contact Name Phone number
Title Email
PART C. FACILITY/PROJECT INFORMATION
Facility/Project Name
Location (address)
City County Zip code
Local Contact Name Phone number
Title Email
COLORADO WATER QUALITY CONTROL DIVISION NOTICE OF TERMINATION www.coloradowaterpermits.com
Page 2 of 2 form last revised May 2010
PART D. TERMINATION VALIDATION CRITERIA
One of the criteria (1,2, or 3) below must be met, the appropriate box checked, and the required
additional information provided. Part E includes a certification that the criteria indicated has been met.
1: FINALLY STABILIZED OR CONSTRUCTION NOT STARTED - The permitted activities covered under the
certification listed in Part A meet the requirements for FINAL STABILIZATION in accordance with the permit, the
Stormwater Management Plan, and as described below. This criterion should also be selected if construction was never
started and no land was disturbed, and an explanation of this condition provided in the description below.
Final stabilization is reached when: all ground surface disturbing activities at the site have been completed including
removal of all temporary erosion and sediment control measure, and uniform vegetative cover has been established with
an individual plant density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion
reduction methods have been employed.
REQUIRED - Describe the methods used to meet the final stabilization c described above (include additional pages if
necessary)
2: ALTERNATIVE PERMIT COVERAGE OR FULL REASSIGNMENT - All ongoing construction activities,
including all disturbed areas, covered under the permit certification listed in Part A have coverage under a separate CDPS
stormwater construction permit, including the permit certification issued when Division’s Reassignment Form was used
by the permittee to reassign all areas/activities.
REQUIRED – Provide the permit certification number covering the ongoing activities: COR03 __ __ __ __
3: PERMITTEE IS NO LONGER THE OWNER/OPERATOR of the site and all efforts have been made to transfer
the permit to appropriate parties. Please attach copies of registered mail receipt, letters, etc.
STOP!
One of the three criteria above MUST BE CHECKED and the required information for that criterion
provided, or this form will not be processed and the permit will remain active.
PART E. CERTIFICATION SIGNATURE (Required for all Termination Requests)
I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with
construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction
activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under
the Colorado Water Quality Control Act and the Clean Water Act.
I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based
on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true,
accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment. (See 18 U.S.C 1001 and 33 U.S.C. 1319.)
I also certify that I am a duly authorized representative of the permittee named in Part B.
Signature of Legally Responsible Party Date Signed
Name (printed) Title
Signatory requirements: This form shall be signed, dated, and certified for accuracy by the permittee in accordance with the following criteria:
1. In the case of a corporation, by a principal executive officer of at least the level of vice-president, or his or her duly authorized representative, if such
representative is responsible for the overall operation of the operation from which the discharge described herein originates;
2. In the case of a partnership, by a general partner;
3. In the case of a sole proprietorship, by the proprietor;
4. In the case of a municipal, state, or other public operation, by wither a principal executive officer, ranking elected official, or other duly authorized
employee.
APPLICATION FOR TRANSFER OF OWNERSHIP FOR ALL PERMITS, CERTIFICATIONS, AND AUTHORIZATIONS
Revised 2-2010
COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT
Water Quality Control Division
4300 Cherry Creek Drive South B2 Permits
Denver, Colorado 80246-1530
For Agency Use Only
Date Received _____/_____/_____
Complete_________________
Paid _________________
Effective Date _____/_____/_____
PHOTO COPIES, FAXED COPIES, PDF COPIES OR EMAILS WILL NOT BE ACCEPTED.
TO BE COMPLETED BY NEW PERMITTEE: Permit or Certification or Authorization Number ______________________
I hereby apply for a transfer of ownership of this Colorado Discharge Permit, Certification, or Authorization listed above,
which was issued to (permittee listed in Part 2, page 2) __________________________________________________________.
I have reviewed the terms and conditions of this permit and accept responsibilities, coverage and liability (including Stormwater
Management Plan where applicable).
If all information is correct, form is complete, and transfer approved, I request this transfer to be effective on_______________.
I have ensured that all of the following requirements have been met:
1. BOTH parties have completed and signed this form – pages 1 and 2
2. ORIGINAL Form mailed to Division 30 Days Prior to the Transfer Effective Date (which may be the date
property exchanges hands.
Copies, PDF versions, and Faxes will NOT be accepted and will delay the issuance of the transfer.
3. All existing invoices paid and verified by the Division. Payment MUST be received prior to transfer issuance
PROJECT OR FACILITY INFORMATION
Project or Facility Name: _____________________________________________________________________________
Facility Address (location)___________________________________________________________________________
City: _____________________ State: Zip: ___________________ County: _______________________
NEW PERMITTEE INFORMATION (fill out all appropriate contacts)
Company name: ___________________________________________________________________________________
Mailing Address: ___________________________________________________________________________________
City: State: Zip: Telephone No: _____________________
Legal Contact: will receive all future permit correspondences and is legally responsible for compliance with the permit
Name: __________________________________________email address______________________________________
Title: Telephone No: ____________________________________
Local Contact: will be contacted for questions relating to the facility and the discharge authorized by the permit for the
facility.
Name: __________________________________________email address______________________________________
Title: Telephone No: ____________________________________
Authorized Agent(s) - may sign reports (such as DMR’s or Annual Reports) required by the permit.
Authorized Agent _____________________________________email address__________________________________
Title:______________________________________________ Telephone No: ____________________________________
Authorized Position ________________________________ Telephone No:____________________________________
Currently held by: ____________________________________email address: ___________________________________
APPLICATION FOR TRANSFER OF OWNERSHIP FOR ALL PERMITS, CERTIFICATIONS, AND AUTHORIZATIONS
Revised 2-2010
Billing Contact Information - if billing address is different than legal contact
Name: ______________________________________________email address___________________________________
Company Name:_____________________________________________________________________________________
Mailing Address: ____________________________________________________________________________________
City:_______________________State: ______________ Zip: _____________Telephone No: ______________________
REQUIRED SIGNATURE:
Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B
of the instructions for additional information. The application must be signed by the applicant to be considered
complete. In all cases, it shall be signed as follows:
a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her
duly authorized representative, if such representative is responsible for the overall operation of the facility
from which the discharge described in the application originates.
b) In the case of a partnership, by a general partner.
c) In the case of a sole proprietorship, by the proprietor.
d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected
official, or other duly authorized employee if such representative is responsible for the overall operation of the
facility from which the discharge described in the form originates.
I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and
based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the
information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
Signature(Legally Responsible Party)_______________________________________________Date ________________
Name (printed) ___________________________________________________Title______________________________
PART 2 - TO BE COMPLETED BY PREVIOUS PERMITTEE
As previous owner, I hereby agree to the transfer of the above-referenced permit and all responsibilities thereof.
Company Name:____________________________________________________________________________________
Mailing Address: ___________________________________________________________________________________
City: State: Zip: Telephone No: ____________________
Signature (Legally Responsible Party)_____________________________________________Date ________________
Name (printed) __________________________________________________Title______________________________
Email address________________________________________________________
APPENDIX F—EROSION/SEDIMENTATION CONTROL PLAN AND SITE MAPS
G
APPENDIX G—CONSTRUCTION PHASING SCHEDULE
H
APPENDIX H—CONTRACTOR FORMS / CERTIFICATIONS
2) Adequate BMPs are included to control stormwater pollution;
3) The discharge does not leave the site as surface runoff or to surface waters/storm sewer systems; and
4) The groundwater being pumped is not contaminated so as to exceed State groundwater standards.
If the above conditions are not met, a separate permit (see above) is needed for discharges to the ground and/or
surface waters.
Further information concerning Construction Dewatering, including what constitutes contamination of groundwater, can
be found in the Stormwater Construction Permit and Rationale. These documents and others can be obtained from the
Division’s web site or by contacting the Division (see first page for address information).
J. CONCRETE WASHOUT
CCoonnccrreettee
WWaasshhoouutt
wwaatteerr cc
aann NNOOTT bb
ee ddiisscchhaa
rrggeedd ttoo
ssuurrffaaccee
wwaatteerrss oo
rr ttoo ssttoo
rrmm sseewweerr
ssyysstteemmss
wwiitthhoouutt
sseeppaarraattee
ppeerrmmiitt
ccoovveerraaggee
.TThhee dd
iisscchhaarrggee
ooff CCoonncc
rreettee WWaass
hhoouutt wwaatt
eerr ttoo tthh
ee ggrroouunndd
,uunnddeerr
tthhee ssppeecc
iiffiicc
ccoonnddiittiioo
nnss lliissttee
dd bbeellooww,,
mmaayy bbee
aalllloowweedd
bbyy tthhee SS
ttoorrmmwwaattee
rr CCoonnssttrr
uuccttiioonn PP
eerrmmiitt wwhh
eenn aapppprroo
pprriiaattee BB
MMPPss
aarree iimmppll
eemmeenntteedd..
Concrete Washout water from washing of tools and concrete mixer chutes may be discharged to the ground if all of the
following conditions are met:
1) The source is identified in the SWMP;
2) Adequate BMPs are included in the SWMP to prevent pollution of groundwater; and
3) These discharges do not leave the site as surface runoff or to surface waters/storm sewer systems.
The use of the washout site should be temporary (less than 1 year), and the washout site should be not be located in an
area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands.
Concrete washout water must not be discharged to state surface waters or to storm sewer systems. Also, on-site
permanent disposal of concrete washout waste is not authorized by this permit.
Further information concerning Concrete Washout can be found in the Stormwater Construction Permit and Rationale.
These documents can be obtained from the Division’s web site or by contacting the Division (see first page for address).
tt..
In this case, the conveyed lot may be removed from coverage under the permittee’s certification, and the permittee is no
longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to
transfer or reassign permit coverage. The permittee remains responsible for eventual inactivation of the original
certification (see Part F, above). The criteria for these lots are as follows:
aarree rreellyy
iinngg oonn tt
oo ccoommppllyy
wwiitthh tthhee
ppeerrmmiitt..
PPrrooppeerr
llyy aaddddrree
ssssiinngg aann
dd ddooccuummee
nnttiinngg tthh
ee rreessppoonn
ssiibbiilliittyy
ooff vvaarrii
oouuss ppaarrtt
iieess aatt aa
ccoonnssttrruucc
ttiioonn ssiitt
ee wwiillll hh
eellpp pprroott
eecctt aann ee
nnttiittyy ffrr
oomm lliiaabbii
lliittyy iinn
tthhee ccaassee
wwhheerree aa
nnootthheerr pp
aarrttyy’’ss aa
ccttiioonnss rr
eessuulltt
iinn ffaaiilluu
rree ooff BBMM
PPss..
a) Pollutants from Outside the Permitted Area:
AA ppeerrmmiitt
tteeee mmaayy
bbee hheelldd
lliiaabbllee ff
oorr ppoolllluu
ttaannttss tthh
aatt ppaassss
iinnttoo aanndd
aarree tthhee
nn ddiisscchhaa
rrggeedd ffrroo
mm tthheeiirr
ppeerrmmiittttee
dd
aarreeaa oorr
tthhaatt rreess
uulltt ffrroomm
aannootthheerr
eennttiittyy’’
ss aaccttiivvii
ttiieess.. SS
ppeecciiffiiccaa
llllyy,, aa pp
eerrmmiitttteeee
mmaayy hhaavv
ee rreessppoonn
ssiibbiilliittyy
ttoo
eennssuurree pp
rrooppeerr iimm
pplleemmeennttaa
ttiioonn ooff
BBMMPPss ttoo
ccoonnttrrooll
ssttoorrmmwwaatt
eerr ddiisscchh
aarrggeess ffrr
oomm tthheeiirr
ppeerrmmiitttt
eedd aarreeaa,,
eevveenn
iiff aannootthh
eerr eennttiitt
yy iiss ccoonn
ttrriibbuuttiinn
gg ppoolllluutt
aannttss..
The Stormwater Construction Permit requires the permittee to ensure the implementation of BMPs which will be
used to control the pollutants in stormwater discharges associated with construction activity from their permitted
area. Therefore, a permittee may be responsible for adequately implementing and maintaining BMPs that are
providing treatment for pollutants originating outside of their permitted area or from another entity’s activities.
An example is when a permittee’s property is being used by a separate entity for construction activities (e.g.,
loading and unloading, site access, materials storage, etc.), or BMPs located on the permittee’s property are
being relied on to treat stormwater runoff from another site.
This scenario is common when a developer sells off lots to a builder. As a practical matter, what most often
occurs is that the developer must allow the builder to use the developer’s infrastructure (e.g., roads, storm
drains, ponds, etc.) for activities and BMPs that cannot realistically be limited to the builder’s property. In this
case, the developer remains a liable party (in addition to the builder) to ensure that proper stormwater
management is implemented for the project. Permit coverage may instead be assigned to the builder for this
infrastructure, if the builder has been designated as the operator of the area for stormwater quality purposes (See
Section B.2). However, this may not always be practical when multiple builders are operating in an area or
when the developer is still performing their own construction activities.
Refer to the Liability and Example sections, below, for further guidance.
b) BMPs Located Outside the Permitted Area:
IIff aa ppeerr
mmiitttteeee ww
iillll bbee rr
eellyyiinngg oo
nn BBMMPPss tt
hhaatt aarree
oouuttssiiddee
ooff tthhee aa
rreeaa tthheeyy
oowwnn aanndd
/oorr ooppeerr
aattee,, tthhee
ssppeecciiffii
cc
aaccttiioonnss
lliisstteedd bb
eellooww mmuuss
tt bbee ttaakk
eenn ttoo eenn
ssuurree ccoomm
pplliiaannccee
wwiitthh tthhee
SSttoorrmmwwaa
tteerr CCoonnss
ttrruuccttiioonn
PPeerrmmiitt..
TThhee
ppeerrmmiittttee
ee iiss rreess
ppoonnssiibbllee
ffoorr eennss
uurriinngg tthh
ee pprrooppeerr
mmaannaaggmmee
nntt aallll pp
oolllluuttaanntt
ss ffrroomm tt
hheeiirr ppeerr
mmiitttteedd aa
rreeaa..
EEvveenn iiff
tthhee BBMMPP
aarree iimmppll
eemmeenntteedd
bbyy aannootthh
eerr ppaarrttyy
,tthhee pp
eerrmmiitttteeee
mmaayy ssttii
llll bbee llii
aabbllee iiff
tthheeiirr ppoo
lllluuttaannttss
aarree eevveenn
ttuuaallllyy dd
iisscchhaarrggee
dd..
The permittee is responsible for ensuring the operation and maintenance of all BMPs that are used to control
pollutants that originate from their activities, even if the BMPs are located outside of the area owned and/or
operated by the permittee. For example, a builder may only have ownership of a single lot, but may have to rely
on BMPs that are located off of their lot and on a developer’s property to adequately manage stormwater runoff,
such as inlet protection that is on the developer’s streets. If a permittee will rely on BMPs that are outside the
area that they own and/or operate, the following measures must be taken:
i) Any off-site BMPs must be documented in the permittee’s SWMP. This includes structural BMPs (e.g.,
inlet protection and sediment ponds) and non-structural BMPs (e.g., concrete wash out areas and street
sweeping). By including the BMPs in the SWMP, the permittee can effectively include the practices under
their permit coverage. In such cases, the same off-site BMPs may actually be included in two or more
parties’ SWMPs.
sseeppaarraattee
eennttiittiiee
ss)),eexxttrr
aa ccaarree mm
uusstt bbee tt
aakkeenn ttoo
eennssuurree tt
hhaatt pprroopp
eerr ppeerrmmii
tt ccoovveerraa
ggee iiss mmaa
iinnttaaiinneedd
aanndd tthhaa
tt
ssttoorrmmwwaatt
eerr mmaannaagg
eemmeenntt pprr
aaccttiicceess
aarree ccoorrrr
eeccttllyy ddoo
ccuummeenntteedd
aanndd iimmpp
lleemmeenntteedd
.
Local stormwater quality programs may have differing requirements for who must maintain permit coverage, and what
actions must occur when permitted areas and/or activities change. Construction site owners and operators must ensure
that their actions do not result in violations of local program requirements. Refer to Section D for additional
information.
1) Permit Coverage for Multiple Owner/Operator Development
WWhheenn aa pp
oorrttiioonn oo
ff aa ppeerrmm
iitttteedd ssii
ttee iiss ssoo
lldd ttoo aa
nneeww oowwnnee
rr,, aa ppeerr
mmiitt cceerrtt
iiffiiccaattiioo
nn mmuusstt bb
ee iinn ppllaa
ccee tthhaatt
iiss
hheelldd bbyy
aann eennttiitt
yy mmeeeettiinn
gg tthhee ddee
ffiinniittiioonn
ooff oowwnnee
rr aanndd//oorr
ooppeerraattoo
rr ooff tthhee
ssoolldd aarr
eeaa (sseeee
tthhee ddiisscc
uussssiioonn ii
nn
SSeeccttiioonn
BB..22,, aabboo
vvee)).TThhii
ss mmaayy bbee
aaccccoommppll
iisshheedd iinn
oonnee ooff
tthhee ffoollll
oowwiinngg wwaa
yyss::
aannggeess..
IInn ssuucchh
ccaassee,, iitt
mmaayy bbee
nneecceessssaarr
yy ttoo pprroo
vviiddee tthhee
DDiivviissiioo
nn wwiitthh rr
eevviisseedd
iinnffoorrmmaatt
iioonn..
If the information provided by the permittee in their two-page application form is no longer accurate, the permittee
must provide the revised information to the Division. This includes such items as the planned total disturbed acreage,
and the project legal description or map originally submitted with the application. (Note: it is not necessary to revise the
anticipated final stabilization date, since the information provided was only an estimate.) To revise this information,
provide a letter to the Division’s Stormwater Program (see the contact information on page 1) that includes the revised
information. The Division will not respond to this letter, so you are advised to obtain delivery confirmation from your
postal service to confirm receipt.
When the Stormwater Management Plan is revised, as required by the Stormwater Construction Permit, it is not
necessary to notify the Water Quality Control Division. When BMPs or other site details discussed in the SWMP are
modified, the SWMP must be updated to accurately reflect the actual field conditions. Examples include, but are not
limited to, removal of BMPs, addition of BMPs, modification of BMP design specifications, and changes in items
included in the site map and/or description. However, this information is not submitted to the Division, unless
requested.
F. ENDING YOUR PERMIT COVERAGE
AA SSttoorrmmww
aatteerr CCoonn
ssttrruuccttiioo
nn PPeerrmmiitt
cceerrttiiffii
ccaattiioonn rr
eemmaaiinnss aa
ccttiivvee uunn
ttiill iinnaacc
ttiivvaatteedd,,
oorr ttrraann
ssffeerrrreedd
oorr
rreeaassssiiggnn
eedd ttoo aa
nneeww rreesspp
oonnssiibbllee
ppaarrttyy..
FFoorrmmss ffoo
rr iinnaaccttii
vvaattiioonn,,
ttrraannssffeerr
oorr rreeaass
ssiiggnnmmeenntt
ooff aa ppee
rrmmiitt
cceerrttiiffiicc
aattiioonn ccaa
nn bbee oobbtt
aaiinneedd ffrr
oomm tthhee DD
iivviissiioonn’’
ss wweebb ssii
ttee oorr bbyy
ccoonnttaacctt
iinngg tthhee
DDiivviissiioonn
(sseeee ffii
rrsstt ppaaggee
ffoorr
aaddddrreessss
iinnffoorrmmaatt
iioonn)).
aanndd iimmpp
lleemmeennttaatt
iioonn ooff tt
hhee SSWWMMPP..
PPeerrmmiitt
rreeqquuiirree
mmeennttss aarr
ee tthhee ssaa
mmee ffoorr bb
ootthh
SSmmaallll aann
dd LLaarrggee
CCoonnssttrruucc
ttiioonn SSiitt
eess..
The Stormwater Construction Permit requires dischargers to control and eliminate the sources of pollutants in
stormwater through the development and implementation of a Stormwater Management Plan (SWMP). The purpose of
a SWMP is to identify possible pollutant sources that may contribute pollutants to stormwater, and identify Best
Management Practices (BMPs) that, when implemented, will reduce or eliminate any possible water quality impacts.
For construction activities, the most common pollutant source is sediment. Other pollutant sources include fuels,
fueling practices and chemicals/materials stored on site, concrete washout, etc. BMPs encompass a wide range of
practices, both structural and non-structural in nature, and may include silt fence, sediment ponds, vehicle tracking
controls, good housekeeping, inspection and maintenance schedules, training, etc.
The SWMP is not submitted with the permit application unless requested. An up-to-date copy of the SWMP must be
kept on site, for use by the operator, and so that Division, EPA, or local inspectors can review it during an inspection.
If an office location is not available at the site, the SWMP must be managed so that it is available at the site when
construction activities are occurring (e.g., by keeping the SWMP in a superintendent’s vehicle.)
Further information concerning the contents of the SWMP can be found in Appendix A of the application, “Preparing a
Stormwater Management Plan.” This document and others can be obtained from the Division’s web site or by
contacting the Division (see first page for address information).
rrtt ooff ccoo
nnssttrruuccttii
oonn aaccttiivv
iittiieess..
TThhee aapppp
lliiccaattiioonn
iiss aavvaaii
llaabbllee ffrr
oomm tthhee DD
iivviissiioonn’’
ss wweebb ppaa
ggee..
1) Do you need to obtain coverage under the Stormwater Construction Permit?
Construction Sites that disturb one acre or greater, or are part of a larger common plan of development disturbing
one acre or greater, are covered under Colorado’s stormwater permitting requirements. Generally, permit coverage
is required, as discussed in Part B.1.a, below. However, additional options may exist if your project or plan of
development will disturb less than 5 acres (Small Construction Site), as discussed in Part B.1.b, below. If permit
coverage is required, or a waiver applied for, it must be maintained until the site is finally stabilized.
Is it part of a larger common plan of development or sale?
“A common plan of development or sale” is a site where multiple separate and distinct construction activities may be
taking place at different times on different schedules. Examples include: 1) phased projects and projects with multiple
filings or lots, even if the separate phases or filings/lots will be constructed under separate contracts or by separate
owners (e.g., a project where developed lots are sold to separate builders); 2) a development plan that may be phased
over multiple years, but is still under a consistent plan for long-term development; and 3) projects in a contiguous area
that may be unrelated but still under the same contract, such as construction of a building extension and a new parking
lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the
entire plan must be used in determining permit requirements.
Disturbance associated with utilities, pipelines, or roads that are constructed for the purpose of serving a facility, are
considered together with that facility to be part of a common plan of development. However, adjacent construction of trunk
lines or roads that are part of a regional network and not directly associated with the facility construction, are not usually
considered to be part of the common plan for that facility. Note that permit coverage or an R-Factor waiver is still required
for each individual project (facility or adjacent construction activity) that disturbs one or more acres.
What is the total estimated area of disturbance?
The area of disturbance is the total area at the site where any construction activity is expected to result in disturbance of
the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to,
clearing, grading, excavation, and demolition activities, installation of new or improved haul roads and access roads,
staging areas, heavy vehicle traffic areas, stockpiling of fill materials, and borrow areas. Construction does not include
routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.
“Finally Stabilized” means that all ground surface disturbing activities at the site have been completed, and all
disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual
plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction
methods have been employed. Re-seeding alone does not qualify.
ss..
In 1992, the State of Colorado stormwater regulation went into effect to control municipal and industrial stormwater
discharges, based on EPA regulations. The regulation is meant to reduce the amount of pollutants entering streams,
rivers, lakes, and wetlands as a result of runoff from residential, commercial and industrial areas. The State regulation
(5 CCR 1002-61) covers discharges from specific types of industries including construction sites, and storm sewer
systems for certain municipalities. In Colorado, the program is under the Colorado Department of Public Health &
Environment, Water Quality Control Division (the Division). The Colorado program is referred to as the Colorado
Discharge Permit System (CDPS), and regulated stormwater discharges from construction activities are covered under
the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the Stormwater
Construction Permit).
Construction activities produce many different kinds of pollutants which may cause stormwater contamination
problems. The main pollutant of concern at construction sites is sediment. Grading activities remove grass, rocks,
pavement and other protective ground covers, resulting in the exposure of underlying soil to the elements. The soil is
then easily picked up by wind and/or washed away by rain or snowmelt. Sediment runoff rates from construction sites
are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those from
forest lands. During a short period of time, construction activity can contribute more sediment to streams than would
normally be deposited over several decades, causing physical, chemical, and biological harm to our State’s waters. The
added sediment chokes the river channel and covers the areas where fish spawn and plants grow.