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Colorado Stormwater Management

Colorado State Overview

In 1992 the state of Colorado's stormwater regulation was granted control and oversight of construction, industrial and municipal discharges based on Clean Water Act and EPA regulations with the intention to reduce the amount of pollutants entering streams, rivers, lakes and wetlands within the state stemming from residential, commercial and industrial point sources.

Colorado’s stormwater management program is regulated under the Colorado Department of Public Health and Environment’s Water Quality Control Division; this sector is often referred to as, “The Division.” The stormwater management program, which is better known as the Colorado Discharge Permitting System (CDPS) regulates stormwater discharges from construction activities, industrial facilities and Municipal Separate Storm Sewer Systems (MS4s) releasing into surface waters of the State.

An owner of a construction site is required to apply for CDPS General Permit coverage if his/her project site will include: (1) land disturbing activities equal to, or greater than one (1) acre; and (2) construction activities involving less than one (1) acre and which is part of a common plan of development or sale equal to or greater than one (1) acre. However, additional options may exist if the owner or operator’s project or plan of development will disturb less than five (5) acres (Considered: a “Small Construction Site”). The owner or operator is also required to apply for CDPS General Permit coverage at least ten (10) days prior to the commencement of construction activities.

Qualifying Local Program: The Colorado DPHE and the CDPS General Permit includes conditions that incorporate permitting options for qualifying local erosion and sediment control program (also known as: Qualifying Local Program). A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Water Quality Control Division (WQCD).
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 the CDPS General Permit without the submittal of an application to the Division.

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Colorado Stormwater Permit Application Process

All owners and operators of a construction project seeking coverage under the CDPS General permit must obtain a discharge permit application form provided by the Water Quality Control Division of the Colorado Department of Public Health and Environment. This application requires the following information:

-The name of the applicant’s company, address, telephone number, and e-mail address

-Identification of whether the applicant is the owner, developer, or contractor

-The applicant’s contact information

-The project name, address, county and location of the construction site. The latitude and longitude to the nearest 15 seconds must be determined, approximating the center of construction activity

-Legal narrative or map of the construction site

-Approximations of: the total area of the site, the area of the site anticipated to undergo soil disturbance, and the larger common plan of development

-The class and type of the construction activity

-The expected start date and final stabilization date for the project

-The names of all discharge receiving waters

-Certification that the Storm Water Management Plan (SWMP) for the construction site is compliant and complete

-The signature of the applicant

Once the discharge permit application is completed it must be submitted by mail to:

- Colorado Department of Public Health and Environment

Water Quality Control Division WQCD-Permits-B2

4300 Cherry Creek Drive South Denver, Colorado 80246-1530

The application must be submitted ten (10) calendar days prior to any land disturbing activities for Division assessment. The Division has 10 calendar days upon reception of the permit application to request any additional information. If the Water Quality Control Division does request additional information then they will be granted another 10 calendar days after receiving the requested information from the applicant to approve or deny the request for permit coverage. If an applicant does not receive a notification from the Water Quality Control Division requesting either additional information or denying permit coverage within the 10 calendar day application evaluation period, then the applicant is automatically covered under the general permit and can begin construction activities.

In some cases the Water Quality Division may deem an application for general permit coverage as not appropriate for coverage under the CDPS general permit, in which case the Division will treat the application as an application for an individual CDPS permit. The Division may request additional information to properly issue the individual CDPS permit. The process for evaluating and issuing an individual CDPS permit requires at least 180 days, but temporary coverage under the CDPS general permit can be granted by the Division while the individual permit is being processed and issued.

Prior to submitting an application for coverage under the CDPS general permit the applicant must develop and complete a compliant Stormwater Management Plan (SWMP) for the construction site. When submitting the general permit application the applicant must attach a certification that the SWMP is complete and compliant with the CDPS general permit requirements.

The permittee of a construction project that receives coverage under the CDPS general permit, is obligated to submit an annual fee for the span of the construction project. The sum of the annual fee is determined by parameters outlined in the Water Quality Control Act.

Colorado Storm Water Management Plan Requirements

A Stormwater Management Plan (SWMP) must be developed for each construction project seeking coverage under the Colorado CDPS general permit prior to the commencement of any construction activities. The SWMP must be developed in accordance with good engineering, hydrologic and control practices to ensure site compliance. The general goals of a SWMP are the identification of any possible site pollutants that have the capability to affect the quality of stormwater site discharges and descriptions of the stormwater and erosion control practices and devices put in place to reduce those pollutants in stormwater discharges. Construction projects must apply and maintain all provisions stated within the SWMP until final stabilization of the site is achieved. The SWMP must include the following items:

-A site description composed of the following

>The class and type of the construction activity taking place

>The expected order for major construction activities

> Approximations of: the total area of the site, the area and location of the site anticipated to undergo soil disturbance by clearing, excavation and/or grading

>Accounts of any prevailing data pertaining to the soil encountered on the site and the soils potential for erosion

>Approximations of the percentage of vegetative ground cover of the site and a narrative of the existing site vegetation

>The location and description of all possible sources of pollution

>The location and description of any expected approved sources of non-stormwater discharge

>The name of the discharge receiving waters, along with the size, type and location of any discharge outlets/drainage channels. If stormwater discharge drains to a municipal separate storm sewer system, the name of the system must be identified, along with the location of the storm sewer discharge and the receiving waters that the discharge will ultimately drain into.

-A legible site map identifying the following:

>The parameters of the construction site

>All areas of current and expected ground surface disturbance

>Areas of cut and fill

>Areas used for storage of building materials, equipment, soil, or waste

>Locations of asphalt or concrete batch plants

>Locations of all structural Best Management Practices (BMPs)

>Locations of all non-structural BMPs

>Locations of any springs, streams, wetlands and other surface waters located near or on the site

-A description and justification for all stormwater management controls, both structural and non-structural, implemented on the construction site to diminish erosion and control potential site pollutants from entering stormwater discharges. This section must include the following:

>The identification of all possible pollutant sources. These sources of pollution are detected through the mandated evaluation of the following:

1. All disturbed and stored soils

2. Track out of sediment by vehicles

3. Management of contaminated soils

4. Loading and unloading procedures

5. Outdoor storage of various materials associated with construction

6. Vehicle and equipment maintenance and fueling

7. Dust and other particle generating activities

8. Routine chemical maintenance practices

9. On-site waste management methods

10. Equipment washing including concrete wash out of associated equipment

11. Areas of asphalt and concrete batch plants

12. Non-industrial waste sources, examples (employee trash and portable toilets)

13. Areas/procedures that have the potential for spills to occur

>Location and description of all structural practices for erosion and sediment control

>Location and description of all non-structural practices for erosion and sediment control

>The sequences of BMP implementation and associated phases of construction

>Description and location of practices associated with the handling of chemicals and other materials. The procedures for spill prevention, response, clean up and reporting

>Location and description of concrete and asphalt batch plants, along with the practices implemented to regulate these sites

>Location and description of practices used to diminish vehicle sediment track out

>Location and description of waste management and disposal practices, including any concrete washout

>Location and description of any groundwater and stormwater dewatering practices

-Inspection and maintenance schedules and procedures to ensure proper function of all erosion and sediment control practices

-The steps and practices implemented to achieve site final stabilization

Prior to developing the SWMP, a SWMP administrator must be identified. The responsibilities of the SWMP administrator include developing, implementing, maintaining and revising the SWMP. The devices and practices outlined in the SWMP must be implemented on the construction site prior to the commencement of construction activities. A copy of the SWMP must be maintained and stored onsite for the entire span of the construction project. A copy of the SWMP must be made available upon the request of the Division of Water Quality Control, EPA, or any local governing agencies. If it is discovered that any part of the SWMP is ineffective, changes must be made to the SWMP and then to the construction site within 72 hours of the discovery of the problem. Revisions made to the SWMP must be notarized along with the time and date of the SWMP changes on site, an identification of the BMPs removed or added, and the location of those BMPs.

Colorado Construction Stormwater Inspection Frequency

As mandated by the conditions of the CDPS General Permit to discharge storm water associated with construction activity, routine site inspections must be conducted and recorded to ensure effective operation of all BMPs and compliance with permit conditions. The permittee is required to conduct site inspections every 14 calendar days. Upon the occurrence of a significant rain event the permittee is required to conduct a thorough site inspection within 24 hours of the rain event. The scope of routine inspections must include the perimeter of the construction site, all disturbed areas, material or waste storage locations, discharge locations, and vehicle access locations. Also all erosion and sediment controls identified within the site SWMP must be inspected for proper function and effectiveness. A routine inspection report must include the following:

-The date of inspection

-Name and title of personnel conducting the inspection

-Locations of sediment discharges and other pollutants from the site

-Locations of BMPs in need of maintenance

-Locations of BMPs that are deemed ineffective

-Locations where additional BMPs are required

-Any rain events that cause deviation from the normal inspection routine

-Description of measures taken to correct any problems discovered during site inspections

-Once adequate corrective actions have been taken to correct an identified issue a report of the corrected issue must be signed with a statement indicating the site is in compliance with the permit to the best of the signer’s knowledge

A site inspection conducted by the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representatives can occur at any reasonable time. Upon presentation of inspector credentials they are permitted to enter and inspect any part of the construction site. The inspector must have access to any records required to be kept under the terms of the permit. The inspector also has the right to inspect any equipment used for both construction and site monitoring. The inspector is also allowed to take samples of any discharge, take photos of any site areas and interview the permittee or any staff member.

Records of all inspection reports must be kept and maintained by the permittee.

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