Duane Sandvick Division of Water Quality (701) February 25,

Projects Covered – Part I.A Projects that disturb one or more acres Projects that disturb less than one acre and are part of a larger common plan of development (e.g., homebuilding) Oil and gas projects are exempt unless the project discharges contaminated or sediment laden stormwater to waters of the state Part I.C. 2 – Permit coverage becomes effective seven (7) days after ND Department of Health receives the Notice of Intent (NOI) 2

Notice of Intent (NOI) Process Part I.D. 2.c removed the stormwater pollution prevention plan (SWPPP) submittal requirement time for: 1. Projects equal to or greater than 50 acres, and 2. Projects which have a discharge point located within 2,000 ft, and flow to, an impaired body of water. You no longer have to submit a copy of the SWPPP to the Department of Health (NDDoH) when you submit the NOI, unless requested Copy of NOI and permit found at NDDoH webpage: Home.htm 3

Chemical Treatment – Part II.A Use of chemical treatment to remove sediment in an allowable non-stormwater discharge is outlined in Appendix 1.A.15 Must be used according to manufacturer’s specifications Description of chemical treatment process in SWPPP Provide a written request to the department 60 days prior to use Include safety data sheet, concentration, toxicity, etc. (see Appendix 1 of the permit) 4

SWPPP Site Map – Part II.C.1 Stormwater Pollution Prevention Plan (SWPPP) – is a communication tool and a plan to prevent pollution from stormwater Provides clarification on what the department would like to see as part of a SWPPP site map Overall description of project and type of construction activity Asks for more detail to be included in the SWPPP site map - see Part II.C. 1.f(1-19) 5

Narrative Section Requirements Part II.C. 2 asks for a narrative section in the SWPPP Brings the narrative portion of the SWPPP to the forefront instead of scattered throughout the permit Describes what needs to be included in the narrative: Installation, removal, and maintenance requirements of best management practices (BMPs) for each phase of construction activity Rationale for the selection of BMPs Whether BMPs are temporary or permanent 6

Employee Training – Part II.C.3.e Provides information about: Who needs to be trained on implementing the SWPPP What employees need to understand about their role as it pertains to the requirements of the permit Training is to be provided at least annually  C.3.e.1 (a-c) describes what personnel must know: The purpose of the SWPPP and its implementation The location of all BMPs identified in the SWPPP The correct installation, function, maintenance and removal of BMPs identified in the SWPPP 7

Concrete Grindings and Slurry Part II.C. 3.f describes how concrete grindings and slurry must be managed Wastewater from concrete washout, cleanout, or other types of wash out shall not be discharged to waters of the state, storm sewers, or curb and gutter systems Collected in a leak-proof container or leak-proof pit Containers and pits must be appropriately designed and maintained so that they won’t overflow  Appendix 1. C. 2 states wash water contaminants must be cleaned out before 80% of storage capacity is attained 8

Dewatering – Part II.C.3.g Dewatering limited to un-contaminated stormwater, surface water, and groundwater collecting on-site A separate permit must be obtained to discharge water from other sources such as storage tanks, vessels, or contaminated surface waters Draw down from the surface, unless infeasible Cleanest water is typically found in the top of the water column as sediment settles over time Records shall be maintained to document inspections of the dewatering operation – document the SWPPP 9

Selecting Erosion and Sediment Controls (ESC) – Part II.C.4 Must consider the following: Amount, frequency, intensity and duration of precipitation events Nature of the stormwater run-on, runoff, and changes due to construction Channelized flow Soil types Seasonal conditions – be ready for mid summer rains and winter weather 10

Final Stabilization – Part II.E No changes in the April 1, 2015 permit reissuance Moved the definition of Final Stabilization into a different section of the permit Soil disturbing activities completed - uniform perennial vegetative cover density to 70% of pre-existing cover Temporary ESC BMPs (e.g., silt fences) must be removed Remove all sediment from conveyances and temporary sediment basins Areas with an annual rainfall less than 20 inches These conditions are included in the final stabilization section (Part II.E. 2) instead of in the definitions section of the permit 11

Inspections – Part III.A.1 Once every 14 calendar days and Within 24 hours after storm events 0.25 inches of rain per 24-hours or greater even if rain event is continuing Inspections needed only during normal working hours - must conduct next working day Rain gauge used must be representative of the site Reduced monitoring conditions are still included in the permit 12

Inspections - Part III.A.2 Inspections not practical at specified times Rain event outside of normal working hours (i.e., weekends if not working) Inspection would need to be performed the next working day Site access constraints Document constraints Perform inspection as soon as conditions allow 13

Inspection and Maintenance Records – Part III.A.(4-5) Clarified inspection and maintenance record documentation All inspections conducted during construction must be recorded in writing and retained in accordance to Part III.B - refer to Part III.A. 4 (a-f) Corrective actions must be recorded in writing and retained in accordance to Part III.B - refer to Part III.A.5(a-e) 14

Records Location – Part III.B Specifies that electronic records are acceptable Only if they can be accessed on the construction site ND Department of Health recommends employees not to use personal devices, recommends using company devices Inactive site - documents may be stored at local office 15

Definitions – Part V Added definitions Bankfull Indian Country Infeasible Immediately Permanently Ceased Stabilized Steep Slopes Temporarily Ceased 16

Important Definitions Infeasible Means not technologically possible or not economically practicable and achievable in light of best industry practices Immediately Means as soon as practicable, but no later than the end of the next work day, following the day when earth- disturbing activities have temporarily or permanently ceased 17

Important Definitions Permanently Ceased Means clearing and excavation within any area of your construction site that will not include permanent structures has been completed Temporarily Ceased Means clearing, grading, and excavation within any area of the site that will not include permanent structures, will not resume (i.e., the land will be idle) for a period of 14 or more calendar days, but such activities will resume in the future 18

Important Definitions Stabilized Exposed ground surfaces have been covered by appropriate materials that prevent erosion (e.g., mulch, staked sod, riprap, erosion control blanket)  Grass seed alone is not stabilization  Snow cover and frozen ground conditions are not considered STABILIZED – prepare for winter 19

Sediment Basins – Appendix 1.A. 1 Design for 2-yr, 24-hr storm event Must provide 1,800 cubic ft of sediment storage per acre drained to the basin If not designed, must provide 3,600 cubic ft of sediment storage per acre drained to the basin Avoid short-circuiting and discharge of floating debris Must release storage volume in at least 24 hours Draw down must draw water from the surface 20

Stabilization Requirements  Appendix 1.A.3 – Erosion and Sediment Controls All exposed soil areas must be stabilized Must be initiated immediately where activities have permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 days Must be completed as soon as practical, but no later than 14 days after initiation of stabilization 21

Stabilization Requirements  Appendix 1.A.3(a)–Erosion and Sediment Controls Areas with a grade of 3:1 or steeper Stabilization must be completed as soon as practicable, but no later than 7 days after the initiation of stabilization  Removed requirement to break up slopes of 3:1 or steeper, every 75 feet 22

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Temporary Stockpiles  Appendix 1.A.4 – Erosion and Sediment Controls Must have effective sediment controls Cannot be placed in stormwater conveyances includes curb and gutter systems, conduits or ditches Stabilize within 14 calendar days of stockpile inactivity 24

Normal Wetted Perimeter  Appendix 1.A.5 – Erosion and Sediment Controls Temporary or permanent drainage ditches Stabilize at least 200 linear feet from property edge, or point of discharge to any surface water Remaining portion must be stabilized within 14 days for any portions which construction activities have temporarily or permanently ceased 25

Stream Diversions and Drainage Ditches - Appendix 1.A.7 Stream diversions or any temporary or permanent drainage ditch or trench with continuous flow Must be stabilized prior to connection with any surface water Entire area must be stabilized to bankfull height 26

Photo Courtesy of the NDDOT 27

Working in or around Surface Waters – Appendix 1.A.8 Sediment and erosion controls must be used above the anticipated level of the surface water Floating silt curtain does not satisfy down and side slope boundary requirements Unless work is on or below the elevation of the surface water – place as close to shore as possible Sediment control must be installed where exposed soils drain to surface water immediately after construction activity along the waterline has been completed 28

Vegetated Buffers-Appendix 1.A.13 Current permit removed the minimum 25 foot buffer width requirement and replaced with:  Minimum width of 1 foot of buffer for every 5 feet of disturbed area draining to the buffer Same ratio as in the previous permit Width of buffer shall have a 5% slope or less Area draining to buffer shall have a 6% slope or less Minimize concentrated flows throughout the buffer Buffers consist of dense grassy vegetation, 3-12” tall 29

Natural Buffers-Appendix 1.A.14 Minimum 50 foot natural buffer or equivalent erosion and sediment controls when project is within 50 feet of a surface water and stormwater flows to surface water Minimum 100 foot natural buffer if working within 100 feet of an impaired surface water for sediment or suspended solids Provide rationale in the SWPPP when using equivalent erosion and sediment controls other than natural buffers 30

Chemical Treatment for Sediment Removal - Appendix 1.A.15 Current permit allows for chemical treatment Must provide department with certain information prior to use including: Safety Data Sheet, concentration, toxicity, etc. ND Department of Health must approve the use Discharge of the chemically treated stormwater must not cause a water quality violation and must conform to the dewatering or basin draining requirements 31

Steep Slopes - Appendix 1.A.16 Minimize the duration of exposed soils on steep slopes (grade of 15% or greater) 32

BMP Maintenance-Appendix 1.B.1 ESC devices, (e.g., silt fences, fiber rolls, similar BMPs) Remove collected sediment as it approaches ½ of the above ground capacity of the device Make repairs or replacements prior to the next anticipated rainfall event, or within 24 hours of discovery, or as conditions allow Whichever is sooner Includes fiber roll flattening, being run over, damaged by wildlife or livestock, etc. Inlet protection maintenance required when sediment accumulates, the filter becomes clogged, and/or performance is compromised 33

Track Out - Appendix 1.B.3 Vehicle tracking of sediment from the site must be minimized - use street sweeping and/or scraping if BMPs aren’t adequate to prevent tracking to street Tracked out sediment onto off-site paved surfaces must be removed by the end of the work day, shift, or if applicable, within a shorter period of time specified by local authorities or the ND Department of Health 34

Wash Water Containment  Appendix 1.C.2 – Operational Controls Clean out wash water containments before 80% of storage capacity is attained Includes solids and liquids 35

BMPs used in Surface Waters  Appendix 1.C.3 – Operational Controls Transferring BMPs from surface waters Immediately clean BMPs used in surface waters upon removal to prevent the transfer of aquatic nuisance species (ANS) 36

Questions? 37