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R-2015-118 2015-08-10 RESOLUTION NO. R2015-118 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Lease Agreement with Webber, LLC for the use of City property (lay down yard/concrete batch plant) associated with the County Road 48 Widening Project from CR894 to Broadway Street. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Lease Agreement by and between the City of Pearland and Webber, LLC., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Lease Agreement with Webber, LLC. PASSED, APPROVED and ADOPTED this the 13th day of July, A.D., 2015. -"att TOM REID MAYOR ATTEST: YING LO" Nary / 0: SECR NARY ' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2015-118 Exhibit "A" LEASE AGREEMENT THIS LEASE AGREEMENT("Lease")is made and entered into to be effective as of 6/15/15 (the"Effective Date")by and between City of Pearland ("Landlord") and Webber, LLC,a Texas Limited Liability Company("Tenant"). WITNESSETH: Landlord, in consideration of the'rent to be paid and the covenants and agreements hereinafter set forth to be kept and performed by Tenant, does hereby LEASE, LET, RENT and DEMISE unto Tenant, and Tenant does hereby RENT and TAKE from Landlord, for the purposes and on the terms and conditions herein set forth, those certain tracts of land and office facilities located at 3720 County Road 48, Rosharon , Texas, 77583 each as more particularly described on Exhibit "A", attached hereto (the "Land") and fully incorporated herein, together with all improvements now or hereafter located on the Land and all the rights, privileges and appurtenances in anyway belonging to the Land including, without limitation, all rights of Landlord in and to the Land(collectively the"Leased Premises"). 1. Term.This lease shall be for an initial term of 21 months ("Initial Term") (n commencing on 6/15/15 ("Commencement Date")and ending on 3/31/2017 ("Expiration Date"). At the natural expiration of the Initial Term the Lease shall automatically be extended upon all the same terms and conditions of the Lease for each month that Tenant continues to make its monthly Base Rent payment.The Initial Term and all extensions thereof shall be referred to collectively as the"Term". 2. Base Rent/Additional Rent.As base rent for the lease of the Leased Premises,Tenant shall pay to Landlord$ 0.00 per month ("Base Rent"), which shall be paid by Landlord on the first day of each month.In addition to the Base rent,Tenant shall compensate Landlord in the form of Site Improvements to the Property ("Additional Rent"). The site improvements shall be performed by Tenant in accordance with Exhibit"B" attached hereto,and shall be completed on or before 90 days within the first day of operation occupancy. 3. Use of Land. Tenant may use the Leased Premises for c o n s t r u c t i o n y a r d, o f f i c e a n d c o n c r e t e p l a n t s i t e. (the "Permitted Uses"). Tenant and its contractors, subcontractors, licensees, investees and sublessees, will comply with all applicable laws, ordinances,rules and regulations In connection with Tenant's use of the Leased Premises. 0 4. Improvements. Landlord agrees that Tenant shall have the exclusive right to, and may from time to time, at its sole cost and expense: (i) make, erect, place and construct on all or any part of the 0 Leased Premises such buildings, structures and other improvements and fixtures as Tenant may deem necessary or convenient in connection with the Permitted Use of the Leased Premises. Tenant shall remove any of Tenant's improvements, fixtures and equipment on the Leased Premises within thirty (30) days following the expiration of the Term or the termination of the Lease by either Party;whichever occurs earlier. Page 1 of 6 I 5. Representations and Warranties.Landlord represents and warrants to Tenant as follows: (a) Landlord is the fee simple owner of the Land and Leased Premises subject to this Lease and has full and complete authority to enter into this Lease. The execution of this Lease by Landlord does not violate any other agreement or instrument to which the Landlord may be a party and no other party is required to join in this Lease for it to be binding upon Landlord and the Leased Premises. (b) Landlord is a duly organized and operating entity under the laws of the State of its jurisdiction and has the full capacity, right, power and authority to execute, deliver and perform this Lease and all required actions and approvals therefore have been duly taken and obtained. The individual signing this Lease is and shall be duly authorized to sign the same and upon execution, this Lease shall be binding upon and enforceable against Landlord and the Leased Premises. (c) Landlord has not received any notice, nor does Landlord have any knowledge, of any action, suit, arbitration, unsatisfied order or judgment, governmental investigation or proceeding pending against the Leased Premises or against Landlord relating to the transaction contemplated by this Lease, which, if adversely determined, could individually or in the aggregate constitute a lien, claim or obligation against the Leased Premises or have a material adverse effect on title to the Leased Premises or any portion thereof or which could in any material way interfere with the terms and conditions of this Lease. (d) Landlord has not received any notice, nor does Landlord have any knowledge, of any condemnation or similar proceedings relating to the Leased Premises which are pending or threatened, nor has Landlord agreed or committed to dedicate any part of the Leased Premises to the public. (e) The Leased Premises is not now in whole or in part under lease to any person or entity, and no person or entity(other than Landlord)Is in or is entitled to possession of the Leased Premises. (f) No portion of the Leased Premises has been designated as (or included within) any habitat for an endangered or protected species by and governmental act,regulation or authority. (g) Landlord has not received any written notification from any governmental or public authority that the Leased Premises is in violation of any governmental requirements, including, without limitation, the Hazardous Substance Laws, where such violation remains outstanding and, if unaddressed, would have a material adverse effect on the use of the Leased Premises. If any such notice is received by Landlord, a true, correct, and complete copy thereof shall be immediately delivered to Tenant. Landlord has not caused any hazardous materials or hazardous waste, in any form whatsoever, to enter the Leased Premises. Landlord is not aware of any migration of hazardous materials or hazardous waste, in any form whatsoever, to enter the Leased Premises from adjacent properties. Landlord is not aware of any hazardous materials or hazardous waste, in any form whatsoever, on the Leased Premises. As used in this Agreement, the term " Hazardo us Substance L aws" means the Comprehensive Environmental Response, Compensation And Liability Act (" CERCL A" ), the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Clean Water Act, the Safe Drinking Water Act, the Clean Air Act, any comparable or related state or local laws, Page 2 of 6 any amendments or successor laws to the foregoing, any so-called federal, state or local "superfund" or "super lien" statutes, and any other similar statute, law, ordinance, code, rule, regulation,order or decree regulating,relating to,or imposing liability(including strict liability)or standards of conduct. As used in this Agreement, the term " Hazardo us Substances" means and includes those elements or compounds which are contained on the list of hazardous substances adopted by the United States Environmental Protection Agency and the list of toxic pollutants designated by Congress, the Environmental Protection Agency, the Texas Commission on Environmental Quality (the "TCEQ "), or any applicable requirements of any successor governmental entity or under any Hazardous Substance Laws, and includes, without limitation: (i) asbestos, (ii) petroleum or petroleum products, (iii) Methyl Tert-Butyl Ether , (iv) hazardous substances as defined by or pursuant to §101(14) of CERCLA, and (v) any other chemical, substance or waste that is regulated by any local, state, federal or other governmental or quasi-governmental authority including specifically, but without limitation,the TCEQ. 6. Indemnity. TENANT AGREES TO DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS THE LANDLORD AND ITS AGENTS, AFFILIATES AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION,COSTS AND/OR EXPENSES FOR PROPERTY DAMAGE OR PERSONAL INJURIES ARISING FROM OR IN ANY WAY RELATED, DIRECTLY OR INDIRECTLY, TO THE ACTS OR OMISSIONS OR LANDLORD, ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES OR INVITEES, EXCEPT TO THE EXTENT SUCH DAMAGE OR INJURY WAS CAUSED BY THE NEGLIGENCE OR FAULT OF TENANT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT AND IT IS AGREED THAT THIS INDEMNITY IS A MATERIAL PART OF THE AGREEMENT AND THAT THE LANDLORD WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF TENANT DID NOT AGREE TO INDEMNIFY THE TENANT. 7. Permits and Cooperation. Landlord shall reasonably cooperate with Tenant generally as necessary in connection with Tenant's Permitted Use on the Leased Premises, but at no liability or unreimbursed expense to Landlord. Without limiting the generality of the foregoing, in the event that the joinder, consent or approval of Landlord is necessary or desirable in connection with Tenant's Permitted Use or is required or requested by a common carrier, utility provider, governmental authority or other third party in connection with the issuance of any governmental or other approval, permit or license, any plat, zoning change, dedication, waiver or other document, or for any utility, service or other easement across the Leased Premises, then Landlord agrees to execute and return same to Tenant within fifteen (15)days after Landlord's receipt of a written request from Tenant, provided Landlord shall not thereby incur any liability or unreimbursed expense in connection therewith. 8. Right of Entry. Landlord shall have the right to enter the Leased Premises for the purpose of confirming Tenant's compliance with the terms hereof. Notwithstanding anything to the contrary, all such entry shall be coordinated through Tenant and may not interfere with Tenant's operations on the Leased Premises. Page 3 of 6 9. Eminent Domain. In the event any portion of any Leased Premises is taken or condemned and such taking or condemnation materially interferes with Tenant's Permitted Use(as defined herein or as may then be currently conducted), Tenant shall have the right to terminate this Lease by providing written notice to Landlord within thirty (30) days of such condemnation or taking, whereupon, Base Rent shall cease as of such termination. 10. Encumbrances. After the Effective Date, Landlord shall not place or permit any encumbrance on title to the Land without the prior written consent of Tenant (which may not be unreasonably withheld, conditioned or delayed); provided, however, notwithstanding the foregoing, upon the request of Landlord, Tenant agrees to execute any instruments, subordinations or other documents that may be reasonably required by any mortgagee of Landlord for the purpose of subjecting and subordinating this Lease to the lien of any such mortgage or deed of trust so long as such provides that Tenant's use, possession and enjoyment of the Leased Premises shall not be interfered with or adversely affected. Additionally, without the prior written approval of Tenant, which may be withheld in Tenant's sole discretion, Landlord shall have no right to use or grant to others any interest in or right to use any portion of the Leased Premises as any such rights are hereby conveyed to Tenant. 11. Property Restoration.With the exception of the Site improvements to be performed hereunder, Tenant shall,prior to the termination of this Lease, restore said Property to the condition that it was prior to the commencement of this Lease, and during the Term Tenant shall not use the Property in any manner that would create a nuisance or do any act that will be detrimental to said premises or adjacent properties. 12. Insurance. The Tenant shall procure and maintain for the duration of this Lease, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the use of the Property by Tenant,its agents,employees or subcontractors under this Lease,as follows: (1) Workers'Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles,with minimum limits of$1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The tenant shall include the Landlord as an additional insured under the policies, with the exception Page 4 of 6 of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the Landlord before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the Landlord and only after the Landlord has been provided with written notice of such Change in Coverage, such notice to be sent to the Landlord either by hand delivery to the City Manager or by certified mail, return receipt requested,and received by the City no fewer than thirty(30)days prior to the effective date of such Change in Coverage. Prior to taking possession of the Property under this lease,Tenant shall furnish Landlord with Certificates of Insurance, or formal endorsements as required by this Lease, issued by Tenant's insurer(s), as evidence that policies providing the required coverage, conditions,and limits required by this lease are in full force and effect. 13. Defaults. (a) An event of default by Tenant shall occur if one or more of the following events shall occur: (i) If Tenant shall fail to pay Base Rent or perform the Site Improvements referenced in Exhibit "B" referenced herein when due and such failure shall continue for a 10-day period after Landlord shall have given Tenant written notice of Tenant's failure to pay. (ii) If Tenant shall fail to perform any of its other obligations under this Lease and such failure shall continue for a 30-day period after Landlord shall have given Tenant written notice of its failure to perform. However, if Tenant's failure cannot reasonably be cured by Tenant within said 10-day period, an event of default shall not occur if Tenant commences to cure such failure within the 10-day period and diligently thereafter prosecutes the cure to completion within a reasonable period of time after the 10-day period. (iii) Tenant or any guarantor of this Lease becomes insolvent, files a petition for protection under the U.S. Bankruptcy Code (or similar law) or a petition is filed against Tenant or any guarantor under such laws and is not dismissed within sixty (60)days after the date of such filing, makes a transfer in fraud of creditors or makes an assignment for the benefit of creditors or admits in writing its inability to pay its debts when due. (b) Notwithstanding anything to the contrary, Landlord shall have no right to terminate this Lease or evict Tenant from any portion of the Leased Premises pursuant to the foregoing unless and until (i)an event of default has occurred pursuant to Section 13(a) above, and (ii)the failure Page 5 of 6 giving rise to the event of default shall continue for a 10-day period after Landlord has delivered a subsequent notice to Tenant that Landlord intends to terminate this Lease for Tenant's noncompliance("Notice of Intent to Terminate"). 14. Assignment, Sublease or Mortgage . Tenant may not assign this Lease, in whole but not in part, or sublease all or any portion the Leased Premises, to an affiliate of Tenant without the consent of Landlord; provided, however, no assignment or sublease shall relieve Tenant of its obligations hereunder, and in the event of an assignment or sublease, Tenant shall provide Landlord with written notice thereof. Landlord shall have the absolute right to sell or otherwise transfer or mortgage or otherwise encumber all or any part of the fee estate of the Leased Premises; provided, however, any such sale, transfer or mortgage or other encumbrance arising or occurring after the Effective Date shall be made expressly subject to this Lease and all of Tenant's rights hereunder. 15. Entire Lease .This instrument constitutes the entire agreement and understanding between the parties hereto, and no representations except as herein expressly set forth have been made by any party to the other.This Lease cannot be modified or cancelled except in writing. 16. Texas Law.This Lease and the obligations of the parties hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of Texas, and venue for any action brought hereunder shall be in any one of the counties in which a portion of the Leased Premises are situated. 17. Successors and Assigns.All covenants and agreements contained in this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 18. Rule of Construction.The parties acknowledge that each party and its counsel have reviewed this Lease, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments or exhibits hereto. 19. Severability. If any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 20. Time Is of the Essence.Time is of the essence of this Lease. 21. Counterparts. This Lease may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. • Page 6 of 6 LANDLORD: TENANT: • /n d WEBBER, / / By: t,,A1. - .A By: `vi Iv Name: Clay . Pearson Name: / AAf/A / //r City MANAGER /�p 3� Date: •8_17_15 Date: CJ Page 7 of 6 EXHIBIT " Al TO LEASE AGREEMENT DESCRIPTION OF THE LEASED PREMISES, Proposed Site Improvements for COP Property • Webber surveyed the City of Pearland property located at 3720 County Road 48, formally Haddock Construction and Materials and has found that the general grading of the property drains towards the center of the property. There is an existing swale that runs through the middle of the property to provide drainage for the 15 acres. Webber proposes to improve the drainage and grading of the property by raising the property approximately two feet in elevation and grade the property to drain from the center out towards the canal and bayou on each boundary of the property. • Procedure to improve grading and drainage of the property include: Raising the center of the property approximately 2 feet to "CROWN" and slope on each side towards Mustang Bayou and American Canal. Cross sections and plan view of property attached and marked (Attachment A). • Webber proposes to clean debris and remove all stock piles of left over construction materials abandon on the property. Concrete pipe, inlets, manholes, handholds, tires, rail road ties and telephone poles. See (Attachment B). Comments 1. Is there any boundary survey? It helps to determine the portion of site within 100-yr floodplain and not to fill the area. a. Webber will provide boundary survey. 2. Prepare a grading plan and show some proposed spot elevation along the centerline of the alignment. a. Webber will provide grading plan and spot elevations along the centerline. 3. Are we going to keep dirt driveway? a. Only one concrete driveway on property after final construction is completed as per TXDOT plans. 4. Will the dirt mound shown on Section 26+00 be removed and graded? a. Webber will remove dirt mound. 5. Include the City's specification section 01566-Source Controls for Erosion and Sedimentation Use silt fence to keep the dirt within the project site during grading a. Webber will adhere to section 01566 6. Include the City's specification section 02200-Site Preparation—Top soil must be striped before place the dirt for grading. a. Webber will strip topsoil before and dirt embankment activities. 7. 01562 Waste Materials Disposal a. Webber will adhere to section 01562 8. 01565 TPDES Requirements a. Webber will adhere to section 01565 9. 02921 Hydromulch Seeding a. Webber will adhere to section 02921 10. Site grading permit required. a. Webber will attain site grading permit. CITY OF PEARLAND FILTER FABRIC FENCE Section 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of filter fabric fence to control erosion and contain sediments and pollutants from overland flow. Filter fabric fence is not for use in channelized flow areas. Filter fabric fence may be reinforced. B References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2. Section 01350—Submittals 3. Section 01562—Waste Material Disposal 4. Section 01566—Source Controls for Erosion&Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786,"Standard Test Method for Hydraulic Bursting strength of Textile Fabrics" b. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. B Payment for filter fabric fence will include and be full compensation for all labor, equipment,materials,supervision,and all incidental expenses for construction of these items,complete in place,including,but not limited to protection of trees,maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. C Refer to Section 01200—Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 03/2008 01560- 1 of 3 CITY OF PEARLAND FILTER FABRIC FENCE 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene,ethylene,or polyamide material. B By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction,a Mullen burst strength exceeding 200psi by ASTM-D3786,and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi,Inc.,or equal. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil,other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric fence as specified in this Section, 3.02F. Unless otherwise directed,maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562—Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566—Source Controls for Erosion& Sedimentation. 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail for Filter fabric fence. Filter fabric fence shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled 03/2008 01560-2 of 3 CITY OF PEARLAND FILTER FABRIC FENCE with support netting,then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfill and compact trench. D Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary,splice the Fabric together only at a support post with a minimum 6-inch overlap and seal securely. F Inspect filter fabric fence systems after each rainfall,daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches, whichever is less. END OF SECTION 03/2008 01560-3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01566—Source Controls for Erosion & Sedimentation 3. Section 01600—Materials&Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 013.50 — Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners,along with a description of the property,prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566—Source Controls for Erosion &Sedimentation. 2.0 PRODUCTS - NotUsed 07/2006 01562- 1 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. F When temporary, on-site storage of salvaged materials is required, comply with applicable provisions of Section 01600—Materials&Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at the designated spoil site for the Project. If a spoil site is not designated on the Plans,dispose of sediment off site at a location not in or adjacent to a stream or floodplain. B Off-site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area,compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated,it shall be disposed of in accordance with existing federal,state, and local rules and regulations. 3.03 EXCESS MATERIAL,WASTE,AND EQUIPMENT A Vegetation,rubble,broken concrete,debris,asphaltic concrete pavement,excess soil, and other materials not designated for salvage,shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment,materials,waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. 07/2006 01562-2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 07/2006 01562-3 of 3 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Section 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES A Descriptions of measures and practices, in response to TPDES General Permit TXR 150000, which shall be used on the Work to eliminate or significantly minimize pollutants in discharges into Surface Water in the State by controlling erosion and sediments at their source. B References to Technical Specifications: 1. Section 01550—Stabilized Construction Exit 2. Section 01562—Waste Material Disposal 3. Section 01500—Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant-any substance that could potentially alter the physical,thermal,chemical,or biological quality of the Surface Water in the State,rendering the water harmful,detrimental,or injurious to humans, animal life, vegetation,or property,or to public health, safety or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil,other than as specifically directed by the Engineer to allow soil testing and surveying. C The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices that operate effectively and as specified in the Plans and in this or other Technical Specifications. 07/2006 01566- 1 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of the limits of construction or dedicated rights-of-way and easements. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. E The Contractor shall be responsible for collecting, storing,hauling,and disposing of spoil, silt, waste materials, and contaminated material resulting from erosion and sediment control measures as specified in this or other Technical Specifications and in compliance with applicable federal, state, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing,grading,excavating,stockpiling,or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales,berms, or sediment basins. 3. Maintain grades to minimize the velocity of sheet flow over disturbed areas and promote evaporation and infiltration of storm water directly into the ground. 4. Install filter fabric fences or barriers, sediment traps, seepage basins, gabions,or storm drain inlet protection devices. 5. Utilize vegetative buffer strips, mulching, or riprap C When the placement of topsoil,bank sand,or other soil material is specified,after an area has been brought to grade and immediately prior to placement, loosen the subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. D When all soil disturbing activities have been completed, establish a perennial vegetative cover on all areas that are not paved,covered by permanent structures,or otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on-site and off-site damage, to prevent health hazards,and to improve traffic safety. B Control blowing dust by using one or more of the following measures: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 07/2006 01566-2 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 5. Barriers using solid board fences,burlap fences, crate walls,bales of hay,or similar materials. C Implement dust control measures immediately whenever dust can be observed blowing on the Project Site. 3.04 DEMOLITION AREAS A Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section,3.03"Dust Control",to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off-site tracking of sediments and the generation of dust by construction vehicles, keeping the streets clean or construction debris and mud,by implementing one or more of the following control measures: 1. Restrict all ingress and egress to stabilized construction exits. 2. Stabilize areas used for staging,parking, storage or disposal. 3. Stabilize on-site vehicle transportation routes. 4. Remove mud and other debris, washing if necessary,from vehicles prior to entrance onto public roadways from the Project Site. 5. Maintain grade to minimize the occurrence of mud on the Project Site. B Construct stabilized construction areas under the provisions of Section 01550 — Stabilized Construction Exists. C In addition to Stabilized Construction Exits shovel or sweep the pavement to the extent necessary to keep the street clean. Water-hosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.06 EQUIPMENT MAINTENANCE AND REPAIR A Control equipment maintenance and repair so that oils,gasoline,grease,solvents,and other potential water pollutants cannot be washed directly into receiving streams or storm water conveyance systems. B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. 2. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. 07/2006 01566-3 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3. Clean and inspect maintenance and repair areas daily. 4. Stabilize the area with coarse aggregate. 5. Maintain grade to prevent surface water from flowing over the area. 6. Place plastic matting,packed clay, tar paper,or other impervious material to prevent contamination of soil in the area. 7. Isolate areas of contaminated soil or other materials to facilitate proper removal and disposal. C Where effective control measures are not feasible,equipment shall be taken off-site for maintenance and repair. 3.07 WASTE COLLECTION AND DISPOSAL A Conduct operations in conformance with the plan provided in Section 01562-Waste Material Disposal and utilize such control measures,described in this Section,as may be necessary to eliminate or significantly reduce the discharge of possible water pollutants from the Project Site as a result of waste collection and disposal. B Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff. 3.08 WASHING AREAS A Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Preventative measures may include the following practices: 1. Designate special areas for washing vehicles. 2. Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground,or where the runoff can be collected in a temporary holding or seepage basin. 3. Beneath wash areas construct a gravel or rock base to minimize mud production. B Construct washing areas under the provisions of Section 01550 - Stabilized Construction Exists. 3.09 STORAGE.AND USAGE OF POTENTIAL WATER POLLUTANTS A Store and use potential water pollutants such as pesticides,fertilizers,distillate fuels, lubricants, solvents, cements, paints, acids, caustics, and other toxic substances in accordance with manufacturers' guidelines, Material Safety Data Sheets, and with local, state,and federal regulations. 07/2006 01566-4 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B Isolate these substances in areas where they are to be stored,opened or used such that they will not cause pollution of runoff from the Project Site. Preventative measures may include the following practices: 1. Stabilize the area with coarse aggregate. 2. Store containers on raised platforms. 3. Place plastic matting,packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6. Keep containers tightly closed. 7. Periodically inspect containers for leakage. 8. Maintain grade to prevent surface water from flowing over the area. 9. Provide berms,filter fabric fences or barriers,or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500—Temporary Facilities and Controls,and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566-5 of 5 CITY OF PEARLAND HYDROMULCH SEEDING Section 02921 HYDROMULCH SEEDING 1.0 GENERAL 1.01 SECTION INCLUDES A Seeding, fertilizing, mulching, and maintaining areas of commercial, industrial, or undeveloped land disturbed during construction and not paved or designated to be paved,or as indicated on Plans. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Controls 4. Section 02910—Topsoil 5. Section 02255—Bedding, Backfill, and Embankment Materials 6. Section 01140—Contractor's Use of Premises 1.02 MEASUREMEN AND PAYMENT A Measurement for hydromulch seeding is on a per acre basis,measured and complete in place. B Payment for hydromulch seeding shall include all labor, materials, equipment, and preparation necessary for application and maintenance. C No payment shall be made for hydromulch seeding used in restoration of areas disturbed by Contractor outside the limits of construction. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit certification from supplier that each type of seed conforms to these specification requirements and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. i 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 07/2006 02921 - 1 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910—Topsoil. B Bank Sand: Conform to material requirements of Section 02255—Bedding,Backfill, and Embankment Materials. C Seed: Conform to U.S.Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass seed (lollium multi-florum), mixed in labeled Proportions. As tested, minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra-fancy, treated, lawn type common bermuda (Cynodon dactylon). Deliver in original, unopened container showing weight,analysis, name of vender, and germination test results. 3. Wet, moldy,or otherwise damaged seed will not be accepted. D Fertilizer:Dry and free flowing,inorganic,water soluble commercial fertilizer,which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked,damaged,or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent E Mulch:Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches(10.7 mm)in length and 0.01 inches(0.27 mm)in diameter. Mulch shall be dyed green for coverage verification purposes. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: Pre-emergent herbicide for grass areas, "Benefin" or approved equal. 3.0 EXECUTION 3.01 PREPARATION A Do not start or perform work under conditions that are not satisfactory to perform tasks due to inclement or impending inclement weather. B After the areas to receive hydromulch seeding have been brought to grade,rake out any foreign organic or inorganic material, including stones, hard clay lumps, and other debris. 07/2006 02921 -2 of 4 CITY OF PEARLAND HYDROMULCH SEEDING C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact a layer of topsoil in accordance with requirements of Section 02910 —Topsoil. F Surface of topsoil shall be smooth and free of weeds,rocks,and other foreign material immediately before applying hydromulch seeding. 3.02 APPLICATION A Seed: Apply uniformly at the following rates for type of seed and planting date: APPLICATION PLANTING TYPE RATE DATE POUNDS/A Hulled Common Bermuda Grass 98/88 40 Jan 1 to Mar 31 Unhulled Common Bermuda Grass 98/88 40 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass 98/88 40 Oct 1 to Dec 31 Annual Rye Grass(Gulf) 30 B Fertilizer: Apply uniformly at a rate of 500 pounds per acre. C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Weed control agent: Apply at manufacturer's recommended rate prior to Hydromulching. F Suspend all operations under conditions of drought,excessive moisture,high winds,or extreme or prolonged cold. Obtain the Engineer's approval before resuming operations. 3.03 MAINTENANCE A Maintain grassed areas by watering,fertilizing,weeding,and trimming as required to establish and sustain 70% acceptable vegetative cover. B For areas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. 3.04 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. 07/2006 02921-3 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 3.05 PROTECTION OF THE WORK A Protect and maintain grassed areas a minimum of 90 days,or as required to establish an acceptable lawn. B Once a lawn is established,protect and maintain it until completion of the Work. C Replace seeded areas damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02921 -4 of 4 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS 1.0 GENERAL A DEFINITIONS As used herein and in conjunction with TPDES General Permit No. TXR150000, the term OPERATOR refers to the CONTRACTOR. 1.01 SECTION INCLUDES A Description of the required documentation to be prepared signed and submitted by the Contractor before conducting construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000 as issued March 5, 2003, re-issued March 5, 2013, by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26.040 of the Texas Water Code. B Contractor's responsibility for implementation, maintenance, and inspection of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls, storm water management plans, waste collection and disposal, off-site vehicle tracking, and other practices shown on the Plans or specified elsewhere in this or other Technical Specifications. This Specification provides guidelines and Best Management Practices (BMP's) information for the Contractor to use in adhering to all local, state and federal environmental regulations with respect to storm water pollution prevention during construction activity. C References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01310—Coordination&Meetings 3. Section 01770—Contract Closeout D Referenced Standards: 1. Texas Commission on Environmental Quality(TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan(SWPPP)found in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 04-2013 01565- 1 of 4 CITY OF PEARLAND TPDES REQUIREMENTS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall complete, sign, and date the Contractor's Notice of Intent (NOI) attached in Appendix A. The Contractor's NOI shall be submitted to the TCEQ. It is the Contractor's responsibility to pay for any fees associated with the permit. Submission of the NOI is required by the Contractor before construction operations begin. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, date and submit the Contractor's Notice of Termination(NOT)attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. C The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form,attached in Appendix A. D The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. E Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination&Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout, the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 04-2013 01565-2 of 4 CITY OF PEARLAND TPDES REQUIREMENTS 01770 — Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner. 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner: 1. Copies of the Notices of Intent submitted by the Contractor and a brief Description of Construction Activity being conducted at the Project Site,as given in Article 1 of the SWPPP, shall be posted at the Project Site or at Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop,check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on Project Site,post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location on Project Site that is known to all personnel. 5. Keep a copy of each signed certification at the Project Site or at Contractor's office. APPENDIX A FOLLOWS THIS SECTION END OF SECTION 04-2013 01565-3 of 4 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS (APPENDIX A) TABLE OF CONTENTS TCEQ General Permit NOI TCEQ Form-20022 TCEQ Form-20134 NOC TCEQ Form-20391 NOT TCEQ Form-20023 Site Notice Forms 04-2013 01565-4 of 4 Texas Commission on Environmental Quality P.O.Box 13087,Austin,Texas 78711-3087 • GENERAL PERMIT TO DISCHARGE UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No.TXRiS0000,issued March 5,2008 Construction sites that discharge stormwater associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit,as well as the rules of the Texas Commission on Environmental Quality(TCEQ or Commission),the laws of the State of Texas,and other orders of the Commission of the TCEQ. The issuance of this general permit does not grant to the permittee,the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges along the discharge route. This includes property belonging to but not limited to any individual,partnership,corporation or other entity. Neither does this general permit authorize any invasion of personal rights nor any violation of federal,state,or local laws or regulations. It is the responsibility of the permittee to acquire property rights as maybe necessary to use the discharge route. This general permit and the authorization contained herein shall expire at midnight,five years from the permit effective date. EFFECTIVE DATE: March 5, 2013 ISSUED DATE: FEB -1 9 2013 e2• t,t 1�At 1� For C mission Construction General Permit TPDES General Permit TXRi50000 TPDES GENERAL PERMIT NUMBER TXRi50000 RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions 5 Section A. Flow Chart to Determine Whether Coverage is Required 5 Section B. Definitions 6 Part II. Permit Applicability and Coverage 12 Section A. Discharges Eligible for Authorization 12 1. Stormwater Associated with Construction Activity 12 2. Discharges of Stormwater Associated with Construction Support Activities 12 3. Non-Stormwater Discharges 12 4. Other Permitted Discharges 13 Section B. Concrete Truck Wash Out 13 Section C. Limitations on Permit Coverage 13 1. Post Construction Discharges. 13 2. Prohibition of Non-Stormwater Discharges 13 3. Compliance With Water Quality Standards 13 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL) Requirements 14 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone 14 6. Discharges to Specific Watersheds and Water Quality Areas 14 7. Protection of Streams and Watersheds by Other Governmental Entities 14 8. Indian Country Lands 14 9. Oil and Gas Production 15 10. Stormwater Discharges from Agricultural Activities 15 11. Endangered Species Act 15 12. Other 15 Section D. Deadlines for Obtaining Authorization to Discharge 15 1. Large Construction Activities 15 2. Small Construction Activities 15 Section E. Obtaining Authorization to Discharge 16 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion- 16 2. Automatic Authorization For All Other Small Construction Activities- 17 3. Authorization for Large Construction Activities: 17 Page 2 Construction General Permit TPDES General Permit TXR15• oo0 4. Waivers for Small Construction Activities. 18 5. Effective Date of Coverage 18 6. Notice of Change(NOC) 18 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT)Forms,NOC Letters,and Construction Site Notices 19 8. Contents of the NOI 19 Section F. Terminating Coverage 20 1. Notice of Termination(NOT) Required 20 2. Minimum Contents of the NOT 20 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites 20 4. Transfer of Operational Control 21 Section G. Waivers from Coverage 21 1. Waiver Applicability and Coverage 22 2. Steps to Obtaining a Waiver 22 3. Effective Date of Waiver 22 4. Activities Extending Beyond the Waiver Period 22 Section H. Alternative TPDES Permit Coverage 23 1. Individual Permit Alternative 23 2. Individual Permit Required 23 3. Alternative Discharge Authorization 23 Section I. Permit Expiration 23 Part III. Stormwater Pollution Prevention Plans(SWP3) 24 Section A. Shared SWP3 Development 24 Section B. Responsibilities of Operators 25 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications 25 2. Primary Operators with Day-to-Day Operational Control 25 Section C. Deadlines for SWP3 Preparation,Implementation,and Compliance 25 Section D. Plan Review and Making Plans Available 26 Section E. Revisions and Updates to SWP3s 26 Section F. Contents of SWP3 26 Section G. Erosion and Sediment Control Requirements Applicable to All Sites 34 Part IV. Stormwater Runoff from Concrete Batch Plants 35 Section A. Benchmark Sampling Requirements 35 Section B. Best Management Practices(BMPs)and SWP3 Requirements 37 Section C. Prohibition of Wastewater Discharges 39 Page 3 Construction General Permit TPDES General Permit TXRi50000 Part V. Concrete Truck Wash Out Requirements 40 Part VI. Retention of Records 40 Part VII.Standard Permit Conditions 40 Part VIII. Fees 41 Appendix A: Automatic Authorization 43 Appendix B: Erosivity Index(EI)Zones in Texas 45 Appendix C: Isoerodent Map 46 Appendix D: Erosivity Indices for EI Zones in Texas 47 Page 4 Construction General Permit TPDES General Permit TXRi50000 Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required How much land will be disturbed? (*1) t < 1 acre I or more acres (*I) (*1) :vo Do you meet the YES Will 5 or more • definition of acres be disturbed'? s "operator?"(*2) ( 1) NO YES Permit Coverage Required • Prepare and Implement SWP3 • Post Site Notice • Submit Copy of Site Notice to MS4 Operator • i tAre you a"primary NO operator?"(*2) • C YES Permit Coverage Not Required,Unless Part l Permit Coverage Required of a Larger Common • Prepare and Implement SWP3 Plan of Development • Submit NOl to TCEQ or Sale • Post Site Notice J • Submit Copy of NOl to MS4 Operator J (*J) To determine the size of the construction project,use the size of the entire area to be disturbed,and include the size of the larger common plan of development or sale,if the project is part of a larger project(refer to Part LB., "Definitions,"for an explanation of"common plan of development or sale"). (*2) Refer to the definitions for"operator,""primary operator,"and"secondary operator"in Part I., Section B.of this permit. Page 5 Construction General Permit TPDES General Permit TXRi50000 Section B. Definitions Arid Areas-Areas with an average annual rainfall of o to to inches. Best Management Practices(BMPs)-Schedules of activities,prohibitions of practices, maintenance procedures,structural controls,local ordinances,and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements,operating procedures,and practices to control construction site runoff,spills or leaks,waste disposal,or drainage from raw material storage areas. Commencement of Construction-The initial disturbance of soils associated with clearing,grading,or excavation activities,as well as other construction-related activities (e.g.,stockpiling of fill material,demolition). Common Plan of Development-A construction activity that is completed in separate stages,separate phases,or in combination with other construction activities. A common plan of development(also known as a"common plan of development or sale")is identified by the documentation for the construction project that identifies the scope of the project,and may include plats,blueprints,marketing plans,contracts,building permits,a public notice or hearing,zoning requests,or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity(e.g.,a city or university). Construction of roads or buildings in different parts of the jurisdiction would be considered separate"common plans,"with only the interconnected parts of a project being considered part of a"common plan"(e.g.,a building and its associated parking lot and driveways,airport runway and associated taxiways,a building complex,etc.). Where discrete construction projects occur within a larger common plan of development or sale but are located 1/4 mile or more apart,and the area between the projects is not being disturbed,each individual project can be treated as a separate plan of development or sale,provided that any interconnecting road,pipeline or utility project that is part of the same"common plan"is not included in the area to be disturbed. Construction Activity-Includes soil disturbance activities,including clearing,grading, and excavating;and does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(e.g.,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities).Regulated construction activity is defined in terms of small and large construction activity. Dewatering—The act of draining rainwater or groundwater from building foundations, vaults,and trenches. Discharge—For the purposes of this permit,the drainage,release,or disposal of pollutants in stormwater and certain non-stormwater from areas where soil disturbing activities(e.g., clearing,grading,excavation,stockpiling of fill material,and demolition),construction materials or equipment storage or maintenance(e.g.,fill piles,borrow area,concrete truck wash out,fueling),or other industrial stormwater directly related to the construction process (e.g.,concrete or asphalt batch plants)are located. Drought-Stricken Area—For the purposes of this permit,an area in which the National Oceanic and Atmospheric Administration's U.S.Seasonal Drought Outlook indicates for the period during which the construction will occur that any of the following conditions are likely: (1)"Drought to persist or intensify",(2)"Drought ongoing,some improvement",(3) "Drought likely to improve,impacts ease",or(4)"Drought development likely". See http://www.cpc.ncep.noaa.gov/products/expert assessment/seasonal drought.html. Edwards Aquifer-As defined under Texas Administrative Code(TAC)§213.3 of this title (relating to the Edwards Aquifer),that portion of an arcuate belt of porous,water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney,Uvalde,Medina, Bexar,Comal,Hays,Travis,and Williamson Counties;and composed of the Salmon Peak Page 6 Construction General Permit TPDES General Permit TXR150000 Limestone,McKnight Formation,West Nueces Formation,Devil's River Limestone,Person Formation,Kainer Formation,Edwards Formation,and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south,overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River,and underlie the less-permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone-Generally,that area where the stratigraphic units constituting the Edwards Aquifer crop out,including the outcrops of other geologic formations in proximity to the Edwards Aquifer,where caves,sinkholes,faults,fractures,or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality(TCEQ)and the appropriate regional office. The Edwards Aquifer Map Viewer,located at http://www.tceq.texas.gov/compliance/field ops/eapp/mapdisclaimer.html,can be used to determine where the recharge zone is located. Edwards Aquifer Contributing Zone-The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer.The contributing zone is located upstream(upgradient)and generally north and northwest of the recharge zone for the following counties:all areas within Kinney County,except the area within the watershed draining to Segment No.2304 of the Rio Grande Basin;all areas within Uvalde,Medina,Bexar,and Comal Counties;all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam,Lake Austin at the confluence of Barrow Brook Cove, Segment No.1403 of the Colorado River Basin;and all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir,Segment No.1216 of the Brazos River Basin.The contributing zone is illustrated on the Edwards Aquifer map viewer at http://www.tceq.texas.gov/compliance/field ops/eapp/mapdisclaimer.html. Effluent Limitations Guideline(ELG)—Defined in 4o Code of Federal Regulations (CFR)§122.2 as a regulation published by the Administrator under§3o4(b)of the Clean Water Act(CWA)to adopt or revise effluent limitations. Facility or Activity—For the purpose of this permit,a construction site or construction support activity that is regulated under this general permit,including all contiguous land and fixtures(for example,ponds and materials stockpiles),structures,or appurtances used at a construction site or industrial site described by this general permit. Final Stabilization-A construction site status where any of the following conditions are met: A. All soil disturbing activities at the site have been completed and a uniform(that is,evenly distributed,without large bare areas)perennial vegetative cover with a density of at least 70%of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures,or equivalent permanent stabilization measures(such as the use of riprap,gabions,or geotextiles)have been employed. B. For individual lots in a residential construction site by either: (1) the homebuilder completing final stabilization as specified in condition(a)above;or (2)the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for,and benefits of,final stabilization.If temporary stabilization is not feasible,then the homebuilder may fulfill this requirement by retaining perimeter controls or BMPs,and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization. Page 7 Construction General Permit TPDES General Permit TXR150000 Fullfillment of this requirement must be documented in the homebuilder's stormwater pollution prevention plan(SWP3). C. For construction activities on land used for agricultural purposes(such as pipelines across crop or range land),final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities,such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition(a)above. D. In arid,semi-arid,and drought-stricken areas only,all soil disturbing activities at the site have been completed and both of the following criteria have been met: (1) Temporary erosion control measures(for example,degradable rolled erosion control product)are selected,designed,and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator,and (2)The temporary erosion control measures are selected,designed,and installed to achieve 70%of the native background vegetative coverage within three years. Hyperchlorination of Waterlines—Treatment of potable water lines or tanks with chlorine for disinfection purposes,typically following repair or partial replacement of the waterline or tank,and subsequently flushing the contents. Impaired Water-A surface water body that is identified on the latest approved CWA §303(d)List as not meeting applicable state water quality standards.Impaired waters include waters with approved or established total maximum daily loads(TMDLs),and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country Land—(from 4o CFR§122.2)(1)all land within the limits of any Indian reservation under the jurisdiction of the United States government,notwithstanding the issuance of any patent,and,including rights-of-way running through the reservation; (2)all dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof,and whether within or without the limits of a state;and(3)all Indian allotments,the Indian titles to which have not been extinguished,including rights-of-way running through the same. Indian Tribe-(from 4o CFR§122.2)any Indian Tribe,band,group,or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation. Large Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than five(5)acres of land. Large construction activity also includes the disturbance of less than five(5)acres 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 five(5)acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities.) Linear Project—Includes the construction of roads,bridges,conduits,substructures, pipelines,sewer lines,towers,poles,cables,wires,connectors,switching,regulating and transforming equipment and associated ancillary facilities in a long,narrow area. Minimize-To reduce or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices. Page 8 Construction General Permit TPDES General Permit TXRi50000 Municipal Separate Storm Sewer System(MS4)-A separate storm sewer system owned or operated by the United States,a state,city,town,county,district,association,or other public body(created by or pursuant to state law)having jurisdiction over the disposal of sewage,industrial wastes,stormwater,or other wastes,including special districts under state law such as a sewer district,flood control or drainage district,or similar entity,or an Indian tribe or an authorized Indian tribal organization,that discharges to surface water in the state. Notice of Change(NOC)—Written notification to the executive director from a discharger authorized under this permit,providing changes to information that was previously provided to the agency in a notice of intent form. Notice of Intent(NOI)-A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination(NOT)-A written submission to the executive director from a discharger authorized under a general permit requesting termination of coverage. Operator-The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below: Primary Operator—the person or persons associated with a large or small construction activity that meets either of the following two criteria: (a) the person or persons have on-site operational control over construction plans and specifications,including the ability to make modifications to those plans and specifications;or (b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a Storm Water Pollution Prevention Plan(SWP3)for the site or other permit conditions(for example,they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Secondary Operator—The person or entity,often the property owner,whose operational control is limited to: (a) the employment of other operators,such as a general contractor,to perform or supervise construction activities;or (b) the ability to approve or disapprove changes to construction plans and specifications, but who does not have day-to-day on-site operational control over construction activities at the site. Secondary operators must either prepare their own SWP3 or participate in a shared SWP3 that covers the areas of the construction site where they have control over the plans and specifications. If there is not a primary operator at the construction site,then the secondary operator is defined as the primary operator and must comply with the requirements for primary operators. Outfall-For the purpose of this permit,a point source at the point where stormwater runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting two municipal separate storm sewers,or pipes, tunnels,or other conveyances that connect segments of the same stream or other water of the U.S.and are used to convey waters of the U.S. Permittee-An operator authorized under this general permit. The authorization may be gained through submission of a notice of intent,by waiver,or by meeting the requirements for automatic coverage to discharge stormwater runoff and certain non-stormwater discharges. Page 9 Construction General Permit TPDES General Permit TXRi50000 Point Source—(from 4o CFR§122.2)Any discernible,confined,and discrete conveyance, including but not limited to,any pipe,ditch,channel,tunnel,conduit,well,discrete fissure, container,rolling stock concentrated animal feeding operation,landfill leachate collection system,vessel or other floating craft from which pollutants are,or maybe,discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Pollutant-Dredged spoil,solid waste,incinerator residue,sewage,garbage,sewage sludge, filter backwash,munitions,chemical wastes,biological materials,radioactive materials,heat, wrecked or discarded equipment,rock,sand,cellar dirt,and industrial,municipal,and agricultural waste discharged into any surface water in the state. The term"pollutant"does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland,pastureland,and farmland. For the purpose of this permit,the term "pollutant"includes sediment. Pollution-(from Texas Water Code(TWC)§26.001(14))The alteration of the physical, thermal,chemical,or biological quality of,or the contamination of,any surface water in the state that renders the water harmful,detrimental,or injurious to humans,animal life, vegetation,or property or to public health,safety,or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Rainfall Erosivity Factor(R factor)-the total annual erosive potential that is due to climatic effects,and is part of the Revised Universal Soil Loss Equation(RUSLE). Receiving Water-A"Water of the United States"as defined in 4o CFR§122.2 into which the regulated stormwater discharges. Semiarid Areas-areas with an average annual rainfall of 10 to 20 inches Separate Storm Sewer System-A conveyance or system of conveyances(including roads with drainage systems,streets,catch basins,curbs,gutters,ditches,man-made channels,or storm drains),designed or used for collecting or conveying stormwater;that is not a combined sewer,and that is not part of a publicly owned treatment works(POTW). Small Construction Activity-Construction activities including clearing,grading,and excavating that result in land disturbance of equal to or greater than one(1)acre and less than five(5)acres of land.Small construction activity also includes the disturbance of less than one(1)acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one(1)and less than five(5)acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities.) Steep Slopes—Where a state,Tribe,local government,or industry technical manual(e.g. stormwater BMP manual)has defined what is to be considered a"steep slope",this permit's definition automatically adopts that definition.Where no such definition exists,steep slopes are automatically defined as those that are 15 percent or greater in grade. Stormwater(or Stormwater Runoff)-Rainfall runoff,snow melt runoff,and surface runoff and drainage. Stormwater Associated with Construction Activity-Stormwater runoff from a construction activity where soil disturbing activities(including clearing,grading,excavating) result in the disturbance of one(1)or more acres of total land area,or are part of a larger common plan of development or sale that will result in disturbance of one(1)or more acres of total land area. Structural Control(or Practice)-A pollution prevention practice that requires the construction of a device,or the use of a device,to reduce or prevent pollution in stormwater Page 10 Construction General Permit TPDES General Permit TXR150000 runoff. Structural controls and practices may include but are not limited to:silt fences, earthen dikes,drainage swales,sediment traps,check dams,subsurface drains,storm drain inlet protection,rock outlet protection,reinforced soil retaining systems,gabions,and temporary or permanent sediment basins. Surface Water in the State- Lakes,bays,ponds,impounding reservoirs,springs,rivers, streams,creeks,estuaries,wetlands,marshes,inlets,canals,the Gulf of Mexico inside the territorial limits of the state(from the mean high water mark(MHWM)out 10.36 miles into the Gulf),and all other bodies of surface water,natural or artificial,inland or coastal,fresh or salt,navigable or nonnavigable,and including the beds and banks of all water-courses and bodies of surface water,that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law,regulation,or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization-A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporary seeding,geotextiles,mulches,and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place. Total Maximum Daily Load(TMDL) -The total amount of a pollutant that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Turbidity—A condition of water quality characterized by the presence of suspended solids and/or organic material. Waters of the United States-(from 4o CFR§122.2)Waters of the United States or waters of the U.S. means: (a) all waters which are currently used,were used in the past,or may be susceptible to use in interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide; (b) all interstate waters,including interstate wetlands; (c) all other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats,sandflats,wetlands,sloughs,prairie potholes,wet meadows, playa lakes,or natural ponds that the use,degradation,or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce;or (3) which are used or could be used for industrial purposes by industries in interstate commerce; (d) all impoundments of waters otherwise defined as waters of the United States under this definition; (e) tributaries of waters identified in paragraphs(a)through(d)of this definition; (f) the territorial sea; and (g) wetlands adjacent to waters(other than waters that are themselves wetlands) identified in paragraphs(a)through(f)of this definition. Waste treatment systems,including treatment ponds or lagoons designed to meet the requirements of CWA(other than cooling ponds as defined in 4o CFR§423.11(m)which also meet the criteria of this definition)are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as Page 11 Construction General Permit TPDES General Permit TXR150000 disposal area in wetlands)nor resulted from the impoundment of waters of the U.S. Waters of the U.S.do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency,for the purposes of the CWA,the final authority regarding CWA jurisdiction remains with EPA. Part II. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Examples of construction support activities include,but are not limited to,concrete batch plants,rock crushers,asphalt batch plants,equipment staging areas,material storage yards,material borrow areas,and excavated material disposal areas. Construction support activities authorized under this general permit are not commercial operations,and do not serve multiple unrelated construction projects. Discharges of stormwater runoff from construction support activities may be authorized under this general permit,provided that the following conditions are met: (a) the activities are located within one(1)mile from the boundary of the permitted construction site and directly support the construction activity; (b) an SWP3 is developed for the permitted construction site according to the provisions of this general permit,and includes appropriate controls and measures to reduce erosion and discharge of pollutants in stormwater runoff from the construction support activities;and (c) the construction support activities either do not operate beyond the completion date of the construction activity or,at the time that they do,are authorized under separate Texas Pollutant Discharge Elimination System(TPDES)authorization. Separate TPDES authorization may include the TPDES Multi Sector General Permit(MSGP), TXRo50000(related to stormwater discharges associated with industrial activity), separate authorization under this general permit if applicable,coverage under an alternative general permit if available,or authorization under an individual water quality permit. 3. Non-Stormwater Discharges The following non-stormwater discharges from sites authorized under this general permit are also eligible for authorization under this general permit: (a) discharges from fire fighting activities(fire fighting activities do not include washing of trucks,run-off water from training activities,test water from fire suppression systems,or similar activities); (b) uncontaminated fire hydrant flushings(excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life),which include flushings from systems that utilize potable water,surface water,or groundwater that does not contain additional pollutants(uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) water from the routine external washing of vehicles,the external portion of buildings or structures,and pavement,where detergents and soaps are not used,where spills or leaks of toxic or hazardous materials have not occurred(unless spilled materials Page 12 Construction General Permit TPDES General Permit TXR150000 have been removed;and if local state,or federal regulations are applicable,the materials are removed according to those regulations),and where the purpose is to remove mud,dirt,or dust; (d) uncontaminated water used to control dust; (e) potable water sources,including waterline flushings,but excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life; (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water,including foundation or footing drains where flows are not contaminated with industrial materials such as solvents; and (h) lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate National Pollutant Discharge Elimination System(NPDES),TPDES,or TCEQ permit may be combined with discharges authorized by this general permit,provided those discharges comply with the associated permit. Section B. Concrete Truck Wash Out The wash out of concrete trucks at regulated construction sites must be performed in accordance with the requirements of Part V of this general permit. Section C. Limitations on Permit Coverage 1. Post Construction Discharges Discharges that occur after construction activities have been completed,and after the construction site and any supporting activity site have undergone final stabilization,are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the notice of termination(NOT)or removal of the appropriate site notice,as applicable,for the regulated construction activity. 2. Prohibition of Non-Stormwater Discharges Except as otherwise provided in Part II.A.of this general permit,only discharges that are composed entirely of stormwater associated with construction activity may be authorized under this general permit. 3. Compliance With Water Quality Standards Discharges to surface water in the state that would cause,have the reasonable potential to cause,or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit. The executive director may require an application for an individual permit or alternative general permit(see Parts II.H.2.and 3.)to authorize discharges to surface water in the state if the executive director determines that any activity will cause, has the reasonable potential to cause,or contribute to a violation of water quality standards or is found to cause,has the reasonable potential to cause,or contribute to, the impairment of a designated use. The executive director may also require an application for an individual permit considering factors described in Part II.H.2.of this general permit. Page 13 Construction General Permit TPDES General Permit TXR150000 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL)Requirements New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 3o TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved CWA§303(d)List.Pollutants of concern are those for which the water body is listed as impaired. Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP3,in order to be eligible for coverage under this general permit. For consistency with the construction stormwater-related items in an approved TMDL,the SWP3 must be consistent with any applicable condition,goal,or requirement in the TMDL,TMDL Implementation Plan(I-Plan),or as otherwise directed by the executive director. 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone Discharges cannot be authorized by this general permit where prohibited by 3o TAC Chapter 213(relating to Edwards Aquifer). In addition,commencement of construction (i.e.,the initial disturbance of soils associated with clearing,grading,or excavating activities,as well as other construction-related activities such as stockpiling of fill material and demolition)at a site regulated under 30 TAC Chapter 213,may not begin until the appropriate Edwards Aquifer Protection Plan(EAPP)has been approved by the TCEQ's Edwards Aquifer Protection Program. (a) For new discharges located within the Edwards Aquifer Recharge Zone,or within that area upstream from the recharge zone and defined as the Contributing Zone (CZ),operators must meet all applicable requirements of,and operate according to, 3o TAC Chapter 213(Edwards Aquifer Rule)in addition to the provisions and requirements of this general permit. (b) For existing discharges located within the Edwards Aquifer Recharge Zone,the requirements of the agency-approved Water Pollution Abatement Plan(WPAP) under the Edwards Aquifer Rule is in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls,for example,may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater runoff are in addition to the requirements in this general permit for this pollutant. 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 3o TAC Chapter 311(relating to Watershed Protection)for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Other Governmental Entities This general permit does not limit the authority or ability of federal,other state,or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example,this permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code§401.002. 8. Indian Country Lands Stormwater runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES Page 14 Construction General Permit TPDES General Permit TXR150000 regulations,authority for these discharges must be obtained from the U.S. Environmental Protection Agency(EPA). 9. Oil and Gas Production Stormwater runoff from construction activities associated with the exploration, development,or production of oil or gas or geothermal resources,including transportation of crude oil or natural gas by pipeline,are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES regulations,authority for these discharges must be obtained from the EPA. 1o. Stormwater Discharges from Agricultural Activities Stormwater discharges from agricultural activities that are not point source discharges of stormwater are not subject to TPDES permit requirements. These activities may include clearing and cultivating ground for crops,construction of fences to contain livestock,construction of stock ponds,and other similar agricultural activities. Discharges of stormwater runoff associated with the construction of facilities that are subject to TPDES regulations,such as the construction of concentrated animal feeding operations,would be point sources regulated under this general permit. ii. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened aquatic or aquatic-dependent species or its critical habitat are not authorized by this permit,unless the requirements of the Endangered Species Act are satisfied.Federal requirements related to endangered species apply to all TPDES permitted discharges and site-specific controls may be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species,the permittee may contact TCEQ for additional information. 12. Other Nothing in Part II of the general permit is intended to negate any person's ability to assert the force majeure(act of God,war,strike,riot,or other catastrophe)defenses found in 30 TAC§70.7. Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized,either under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction-Operators of large construction activities continuing to operate after the effective date of this permit,and authorized under TPDES general permit TXR150000(effective on March 5,2008),must submit an NOI to renew authorization or a NOT to terminate coverage under this general permit within 90 days of the effective date of this general permit. During this interim period,as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the previous TPDES permit. 2. Small Construction Activities (a) New Construction-Discharges from sites where the commencement of construction occurs on or after the effective date of this general permit must be authorized,either Page 15 Construction General Permit TPDES General Permit TXR150000 under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction-Discharges from ongoing small construction activities that commenced prior to the effective date of this general permit,and that would not meet the conditions to qualify for termination of this permit as described in Part II.E.of this general permit,must meet the requirements to be authorized,either under this general permit or a separate TPDES permit,within 90 days of the effective date of this general permit.During this interim period,as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the previous TPDES permit. Section E. Obtaining Authorization to Discharge 1. Automatic Authorization for Small Construction Activities With Low Potential for Erosion: If all of the following conditions are met,then a small construction activity is determined to occur during periods of low potential for erosion,and a site operator may be automatically authorized under this general permit without being required to develop an SWP3 or submit an NOI: (a) the construction activity occurs in a county listed in Appendix A; (b)the construction activity is initiated and completed,including either final or temporary stabilization of all disturbed areas,within the time frame identified in Appendix A for the location of the construction site; (c) all temporary stabilization is adequately maintained to effectively reduce or prohibit erosion,permanent stabilization activities have been initiated,and a condition of final stabilization is completed no later than 3o days following the end date of the time frame identified in Appendix A for the location of the construction site; (d)the permittee signs a completed TCEQ construction site notice,including the certification statement; (e) a signed copy of the construction site notice is posted at the construction site in a location where it is readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction activities,and maintained in that location until completion of the construction activity; (f) a copy of the signed and certified construction site notice is provided to the operator of any MS4 receiving the discharge at least two days prior to commencement of construction activities; (g) any supporting concrete batch plant or asphalt batch plant is separately authorized for discharges of stormwater runoff or other non-stormwater discharges under an individual TPDES permit,another TPDES general permit,or under an individual TCEQ permit where stormwater and non-stormwater is disposed of by evaporation or irrigation(discharges are adjacent to water in the state);and (h) any non-stormwater discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. Part II.G.of this general permit describes how an operator may apply for and obtain a waiver from permitting,for certain small construction activities that occur during a period with a low potential for erosion,where automatic authorization under this section is not available. Page 16 Construction General Permit TPDES General Permit TXRi50000 2. Automatic Authorization For All Other Small Construction Activities: Operators of small construction activities not described in Part II.E.i.above may be automatically authorized under this general permit,and operators of these sites shall not be required to submit an NOI,provided that they meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit,that covers either the entire site or all portions of the site for which the applicant is the operator,and implement that plan prior to commencing construction activities; (b) sign and certify a completed TCEQ small construction site notice,post the notice at the construction site in a location where it is safely and readily available for viewing by the general public,local,state,and federal authorities,prior to commencing construction,and maintain the notice in that location until completion of the construction activity(for linear construction activities,e.g.pipeline or highway,the site notice must be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated,as necessary,along the length of the project,and the notice must be safely and readily available for viewing by the general public;local,state,and federal authorities);and (c) provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge prior to commencement of construction activities. Operators of small construction activities as defined in Part I.B of this general permit shall not submit an NOI for coverage unless otherwise required by the executive director. As described in Part I(Definitions)of this general permit,large construction activities include those that will disturb less than five(5)acres of land,but that are part of a larger common plan of development or sale that will ultimately disturb five(5)or more acres of land,and must meet the requirements of Part II.E.3.below. 3. Authorization for Large Construction Activities: Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site for which the applicant is the operator,and implement that plan prior to commencing construction activities; (b) primary operators must submit an NOI,using a form provided by the executive director,at least seven(7)days prior to commencing construction activities,or if utilizing electronic submittal,prior to commencing construction activities. If an additional primary operator is added after the initial NOI is submitted,the new primary operator must submit an NOI at least seven(7)days before assuming operational control,or if utilizing electronic NOI submittal,prior to assuming operational control. If the primary operator changes after the initial NOI is submitted,the new primary operator must submit a paper NOI or an electronic NOI at least ten(1o)days before assuming operational control; (c) all operators of large construction activities must post a site notice in accordance with Part III.D.2.of this permit. The site notice must be located where it is safely and readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction,and must be maintained in that location until completion of the construction activity(for linear construction activities,e.g.pipeline or highway,the site notice must be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated,as necessary,along the length of the project,and the notice must be safely and readily available for viewing by the general public;local,state,and federal authorities); Page 17 Construction General Permit TPDES General Permit TXR150000 (d) prior to commencing construction activities,all primary operators must(1)provide a copy of the signed NOI to the operator of any MS4 receiving the discharge and to any secondary construction operator,and(2)list in the SWP3 the names and addresses of all MS4 operators receiving a copy; (e) all persons meeting the definition of"secondary operator"in Part I of this permit are hereby notified that they are regulated under this general permit,but are not required to submit an NOI,provided that a primary operator at the site has submitted an NOI,or is required to submit an NOI,and the secondary operator has provided notification to the operator(s)of the need to obtain coverage(with records of notification available upon request). Any secondary operator notified under this provision may alternatively submit an NOI under this general permit,may seek coverage under an alternative TPDES individual permit,or may seek coverage under an alternative TPDES general permit if available;and (f) all secondary operators must provide a copy of the signed and certified Secondary Operator construction site notice to the operator of any MS4 receiving the discharge prior to commencement of construction activities. 4. Waivers for Small Construction Activities: Part II.G.describes how operators of certain small construction activities may obtain a waiver from coverage. 5. Effective Date of Coverage (a) Operators of small construction activities as described in either Part II.E.i.or II.E.2. above are authorized immediately following compliance with the applicable conditions of Part II.E.i.or II.E.2. Secondary operators of large construction activities as described in Part II.E.3.above are authorized immediately following compliance with the applicable conditions in Part II.E.3. For activities located in areas regulated by 30 TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (b) Primary operators of large construction activities as described in Part II.E.3.above are provisionally authorized seven(7)days from the date that a completed NOI is postmarked for delivery to the TCEQ,unless otherwise notified by the executive director. If electronic submission of the NOI is provided,and unless otherwise notified by the executive director,primary operators are authorized immediately following confirmation of receipt of the NOI by the TCEQ. Authorization is non- provisional when the executive director finds the NOI is administratively complete and an authorization number is issued for the activity. For activities located in areas regulated by 3o TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting late NOIs or posting late notices to obtain authorization under this general permit. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted activities that may have occurred between the time construction commenced and authorization was obtained. 6. Notice of Change(NOC) If relevant information provided in the NOI changes,an NOC must be submitted at least 14 days before the change occurs,if possible. Where 14-day advance notice is not possible,the operator must submit an NOC within 14 days of discovery of the change. If Page i8 Construction General Permit TPDES General Permit TXRi50000 the operator becomes aware that it failed to submit any relevant facts or submitted incorrect information in an NOI,the correct information must be provided to the executive director in an NOC within 14 days after discovery. The NOC shall be submitted on a form provided by the executive director,or by letter if an NOC form is not available. A copy of the NOC must also be provided to the operator of any MS4 receiving the discharge,and a list must be included in the SWP3 that includes the names and addresses of all MS4 operators receiving a copy. Information that may be included on an NOC includes,but is not limited to,the following: the description of the construction project,an increase in the number of acres disturbed(for increases of one or more acres),or the operator name. A transfer of operational control from one operator to another,including a transfer of the ownership of a company,may not be included in an NOC. A transfer of ownership of a company includes changes to the structure of a company, such as changing from a partnership to a corporation or changing corporation types,so that the filing number(or charter number)that is on record with the Texas Secretary of State must be changed. An NOC is not required for notifying TCEQ of a decrease in the number of acres disturbed. This information must be included in the SWP3 and retained on site. 7. Signatory Requirement for NOI Forms,Notice of Termination(NOT) Forms,NOC Letters,and Construction Site Notices NOI forms,NOT forms,NOC letters,and Construction Site Notices that require a signature must be signed according to 3o TAC§305.44(relating to Signatories for Applications). 8. Contents of the NOI The NOI form shall require,at a minimum,the following information: (a) the TPDES CGP authorization number for existing authorizations under this general permit,where the operator submits an NOI to renew coverage within 90 days of the effective date of this general permit; (b) the name,address,and telephone number of the operator filing the NOI for permit coverage; (c) the name(or other identifier),address,county,and latitude/longitude of the construction project or site; (d) the number of acres that will be disturbed by the applicant; (e) confirmation that the project or site will not be located on Indian Country lands; (f) confirmation that a SWP3 has been developed in accordance with this general permit, that it will be implemented prior to construction,and that it is compliant with any applicable local sediment and erosion control plans; for multiple operators who prepare a shared SWP3,the confirmation for an operator may be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator; (g) name of the receiving water(s); (h) the classified segment number for each classified segment that receives discharges from the regulated construction activity(if the discharge is not directly to a classified segment,then the classified segment number of the first classified segment that those discharges reach);and (i) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA-approved CWA§3o3(d) List of impaired waters. Page 19 Construction General Permit TPDES General Permit TXR150000 Section F. Terminating Coverage 1. Notice of Termination(NOT) Required Each operator that has submitted an NOI for authorization under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization must be terminated by submitting an NOT on a form supplied by the executive director. Authorization to discharge under this general permit terminates at midnight on the day the NOT is postmarked for delivery to the TCEQ. If electronic submission of the NOT is provided,authorization to discharge under this permit terminates immediately following confirmation of receipt of the NOT by the TCEQ. Compliance with the conditions and requirements of this permit is required until an NOT is submitted. The NOT must be submitted to TCEQ,and a copy of the NOT provided to the operator of any MS4 receiving the discharge(with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy),within 3o days after any of the following conditions are met: (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4.below);or (c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit. 2. Minimum Contents of the NOT The NOT form shall require,at a minimum,the following information: (a) if authorization was granted following submission of an NOI,the permittee's site- specific TPDES authorization number for the construction site; (b) an indication of whether the construction activity is completed or if the permittee is simply no longer an operator at the site; (c) the name,address,and telephone number of the permittee submitting the NOT; (d) the name(or other identifier),address,county,and location(latitude/longitude)of the construction project or site; and (e) a signed certification that either all stormwater discharges requiring authorization under this general permit will no longer occur,or that the applicant is no longer the operator of the facility or construction site,and that all temporary structural erosion controls have either been removed,will be removed on a schedule defined in the SWP3,or have been transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites Each operator that has obtained automatic authorization and has not been required to submit an NOI must remove the site notice upon meeting any of the conditions listed below,complete the applicable portion of the site notice related to removal of the site notice,and submit a copy of the completed site notice to the operator of any MS4 receiving the discharge(or provide alternative notification as allowed by the MS4 operator,with documentation of such notification included in the SWP3),within 3o days of meeting any of the following conditions: Page 20 Construction General Permit TPDES General Permit TXRi50000 (a) final stabilization has been achieved on all portions of the site that are the responsibility of the permittee; (b) a transfer of operational control has occurred(See Section II.F.4.below);or (c) the operator has obtained alternative authorization under an individual or general TPDES permit. Authorization to discharge under this general permit terminates immediately upon removal of the applicable site notice. Compliance with the conditions and requirements of this permit is required until the site notice is removed. 4. Transfer of Operational Control Coverage under this general permit is not transferable. A transfer of operational control includes changes to the structure of a company,such as changing from a partnership to a corporation,or changing to a different corporation type such that a different filing(or charter)number is established with the Texas Secretary of State. When the primary operator of a large construction activity changes or operational control is transferred,the original operator must submit an NOT within ten(io)days prior to the date that responsibility for operations terminates,and the new operator must submit an NOI at least ten(1o)days prior to the transfer of operational control,in accordance with condition(a)or(b)below. A copy of the NOT must be provided to the operator of any MS4 receiving the discharge in accordance with Section II.F.i.above. Operators of regulated construction activities who are not required to submit an NOI must remove the original site notice,and the new operator must post the required site notice prior to the transfer of operational control,in accordance with condition(a)or(b) below. A copy of the completed site notice must be provided to the operator of any MS4 receiving the discharge,in accordance with Section II.F.3.above. A transfer of operational control occurs when either of the following criteria is met: (a) Another operator has assumed control over all areas of the site that have not been finally stabilized;and all silt fences and other temporary erosion controls have either been removed,scheduled for removal as defined in the SWP3,or transferred to a new operator,provided that the permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Record of this notification(or attempt at notification)shall be retained by the operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. (b)A homebuilder has purchased one or more lots from an operator who obtained coverage under this general permit for a common plan of development or sale. The homebuilder is considered a new operator and shall comply with the requirements listed above,including the development of a SWP3 if necessary. Under these circumstances,the homebuilder is only responsible for compliance with the general permit requirements as they apply to lot(s)it has operational control over,and the original operator remains responsible for common controls or discharges,and must amend its SWP3 to remove the lot(s)transferred to the homebuilder. Section G. Waivers from Coverage The executive director may waive the otherwise applicable requirements of this general permit for stormwater discharges from small construction activities under the terms and conditions described in this section. Page 21 Construction General Permit TPDES General Permit TXRi50000 1. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit,where all of the following conditions are met. This waiver from coverage does not apply to non- stormwater discharges. The operator must insure that any non-stormwater discharges are either authorized under a separate permit or authorization,or are not considered to be a wastewater. (a) the calculated rainfall erosivity(R)factor for the entire period of the construction project is less than five(5); (b) the operator submits to the TCEQ a signed waiver certification form,supplied by the executive director,certifying that the construction activity will commence and be completed within a period when the value of the calculated R factor is less than five (5);and (c) the waiver certification form is postmarked for delivery to the TCEQ at least seven(7) days before construction activity begins or,if electronic filing is available,then any time following the receipt of written confirmation from TCEQ that a complete electronic application was submitted and acknowledged. 2. Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request a waiver using the following steps: (a) Estimate the construction start date and the construction end date. The construction end date is the date that final stabilization will be achieved. (b) Find the appropriate Erosivity Index(EI)zone in Appendix B of this permit. (c) Find the EI percentage for the project period by adding the results for each period of the project using the table provided in Appendix D of this permit,in EPA Fact Sheet 2.1,or in USDA Handbook 703,by subtracting the start value from the end value to find the percent EI for the site. (d) Refer to the Isoerodent Map(Appendix C of this permit)and interpolate the annual isoerodent value for the proposed construction location. (e) Multiply the percent value obtained in Step(c)above by the annual isoerodent value obtained in Step(d). This is the R factor for the proposed project. If the value is less than 5,then a waiver may be obtained. If the value is five(5)or more,then a waiver may not be obtained,and the operator must obtain coverage under Part II.E.2.of this permit. Alternatively,the operator may calculate a site-specific R factor utilizing the following online calculator: http://ei.tamu.edu/index.html,or using another available resource. The waiver certification form is not required to be posted at the small construction site. 3. Effective Date of Waiver Operators of small construction activities are provisionally waived from the otherwise applicable requirements of this general permit seven(7)days from the date that a completed waiver certification form is postmarked for delivery to TCEQ,or immediately upon receiving confirmation of approval of an electronic submittal,if electronic form submittals are available. 4. Activities Extending Beyond the Waiver Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator,the operator must either: Page 22 Construction General Permit TPDES General Permit TXRi50000 (a) recalculate the R factor using the original start date and a new projected ending date, and if the R factor is still under five(5),submit a new waiver certification form at least two(2)days before the end of the original waiver period;or (b) obtain authorization under this general permit according to the requirements delineated in either Part II.E.2.or Part II.E.3.before the end of the approved waiver period. Section H. Alternative TPDES Permit Coverage 1. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 3o TAC§305(relating to Consolidated Permits). Applications for individual permit coverage should be submitted at least three hundred and thirty(330)days prior to commencement of construction activities to ensure timely authorization. 2. Individual Permit Required The executive director may suspend an authorization or deny an NOI in accordance with the procedures set forth in 30 TAC§205(relating to General Permits for Waste Discharges),including the requirement that the executive director provide written notice to the permittee. The executive director may require an operator of a construction site, otherwise eligible for authorization under this general permit,to apply for an individual TPDES permit in the following circumstances: (a) the conditions of an approved TMDL or TMDL I-Plan on the receiving water; (b)the activity being determined to cause a violation of water quality standards or being found to cause,or contribute to,the loss of a designated use of surface water in the state:and (c) any other consideration defined in 3o TAC Chapter 205(relating to General Permits for Waste Discharges)including 3o TAC Chapter 205.4(c)(3)(D),which allows the commission to deny authorization under the general permit and require an individual permit if a discharger"has been determined by the executive director to have been out of compliance with any rule,order,or permit of the commission,including non- payment of fees assessed by the executive director." Additionally,the executive director may cancel,revoke,or suspend authorization to discharge under this general permit based on a finding of historical and significant noncompliance with the provisions of this general permit,relating to 3o TAC§60.3(Use of Compliance History). Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit shall be done according to commission rules in 3o TAC Chapter 205(relating to General Permits for Waste Discharges). 3. Alternative Discharge Authorization Any discharge eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 3o TAC Chapter 205(relating to General Permits for Waste Discharges),if applicable. Section I. Permit Expiration 1. This general permit is effective for a term not to exceed five(5)years. All active discharge authorizations expire on the date provided on page one(1)of this permit. Following public notice and comment,as provided by 3o TAC§205.3(relating to Page 23 Construction General Permit TPDES General Permit TXR150000 Public Notice,Public Meetings,and Public Comment),the commission may amend, revoke,cancel,or renew this general permit. 2. If the executive director publishes a notice of the intent to renew or amend this general permit before the expiration date,the permit will remain in effect for existing,authorized discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit,permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit,unless that permit provides for an alternative method for obtaining authorization. 3. If the commission does not propose to reissue this general permit within 90 days before the expiration date,permittees shall apply for authorization under an individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date,authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. No new NOIs will be accepted nor new authorizations honored under the general permit after the expiration date. Part III. Stormwater Pollution Prevention Plans(SWP3) All regulated construction site operators shall prepare an SWP3,prior to submittal of an NOI,to address discharges authorized under Parts II.E.2.and II.E.3.of this general permit that will reach Waters of the U.S.,including discharges to MS4s and privately owned separate storm sewer systems that drain to Waters of the U.S.,to identify and address potential sources of pollution that are reasonably expected to affect the quality of discharges from the construction site,including off-site material storage areas,overburden and stockpiles of dirt,borrow areas,equipment staging areas,vehicle repair areas,fueling areas, etc.,used solely by the permitted project. The SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in stormwater associated with construction activity and non-stormwater discharges described in Part II.A:3.,in compliance with the terms and conditions of this permit. Individual operators at a site may develop separate SWP3s that cover only their portion of the project,provided reference is made to the other operators at the site. Where there is more than one SWP3 for a site,permittees must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the effectiveness of each other. Regardless of whether a single comprehensive SWP3 is developed or separate SWP3s are developed for each operator,it is the responsibility of each operator to ensure compliance with the terms and conditions of this general permit in the areas of the construction site where that operator has control over construction plans and specifications or day-to-day operations. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effort by the different operators at a site is encouraged. Operators must independently obtain authorization,but may work together to prepare and implement a single,comprehensive SWP3 for the entire construction site. 1. The SWP3 must clearly list the name and,for large construction activities,the general permit authorization numbers,for each operator that participates in the shared SWP3. Until the TCEQ responds to receipt of the NOI with a general permit authorization number,the SWP3 must specify the date that the NOI was submitted to TCEQ by each operator. Each operator participating in the shared plan must also sign the SWP3. Page 24 Construction General Permit TPDES General Permit TXR150000 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan,then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities. The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. 3. The SWP3 may provide that one operator is responsible for preparation of a SWP3 in compliance with the CGP,and another operator is responsible for implementation of the SWP3 at the project site. Section B. Responsibilities of Operators 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications All secondary operators and primary operators with control over construction plans and specifications shall: (a) ensure the project specifications allow or provide that adequate BMPs are developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have control over project specifications,including the ability to make modifications in specifications; (c) ensure that all other operators affected by modifications in project specifications are notified in a timely manner so that those operators may modify their BMP s as necessary to remain compliant with the conditions of this general permit; and (d) ensure that the SWP3 for portions of the project where they are operators indicates the name and site-specific TPDES authorization number(s)for operators with the day-to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions. If the party with day-to-day operational control has not been authorized or has abandoned the site,the person with control over project specifications is considered to be the responsible party until the authority is transferred to another party and the SWP3 is updated. 2. Primary Operators with Day-to-Day Operational Control Primary operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with an SWP3 and other permit conditions must ensure that the SWP3 accomplishes the following requirements: (a) meets the requirements of this general permit for those portions of the project where they are operators; (b) identifies the parties responsible for implementation of BMPs described in the SWP3; (c) indicates areas of the project where they have operational control over day-to-day activities; and (d) includes,for areas where they have operational control over day-to-day activities,the name and site-specific TPDES authorization number of the parties with control over project specifications,including the ability to make modifications in specifications. Section C. Deadlines for SWP3 Preparation, Implementation, and Compliance The SWP3 must be prepared prior to obtaining authorization under this general permit, and implemented prior to commencing construction activities that result in soil Page 25 Construction General Permit TPDES General Permit TXR150000 disturbance. The SWP3 must be prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Making Plans Available 1. The SWP3 must be retained on-site at the construction site or,if the site is inactive or does not have an on-site location to store the plan,a notice must be posted describing the location of the SWP3. The SWP3 must be made readily available at the time of an on-site inspection to: the executive director;a federal,state,or local agency approving sediment and erosion plans,grading plans,or stormwater management plans;local government officials;and the operator of a municipal separate storm sewer receiving discharges from the site. If the SWP3 is retained off-site,then it shall be made available as soon as reasonably possible. In most instances,it is reasonable that the SWP3 shall be made available within 24 hours of the request. 2. A primary operator of a large construction activity must post the TCEQ site notice near the main entrance of the construction site. An operator of a small construction activity seeking authorization under this general permit and a secondary operator of a large construction activity must post the TCEQ site notice required in Part II.E.i., 2.,or 3.of this general permit in order to obtain authorization. If the construction project is a linear construction project,such as a pipeline or highway,the notices must be placed in a publicly accessible location near where construction is actively underway. Notices for these linear sites may be relocated,as necessary,along the length of the project.The notices must be readily available for viewing by the general public;local,state,and federal authorities;and contain the following information: (a) the site-specific TPDES authorization number for the project if assigned; (b) the operator name,contact name,and contact phone number; (c) a brief description of the project;and (d)the location of the SWP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason,including inspection of a site;nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Revisions and Updates to SWP3s The permittee must revise or update the SWP3 whenever the following occurs: 1. a change in design,construction,operation,or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; 2. changing site conditions based on updated plans and specifications,new operators, new areas of responsibility,and changes in BMPs;or 3. results of inspections or investigations by site operators,operators of a municipal separate storm sewer system receiving the discharge,authorized TCEQ personnel,or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section F. Contents of SWP3 The SWP3 must include,at a minimum,the information described in this section and must comply with the construction and development effluent guidelines in Part III, Section G of the general permit. Page 26 Construction General Permit TPDES General Permit TXRi50000 1. A site or project description,which includes the following information: (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources; (c) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site,including estimated start dates and duration of activities; (d) the total number of acres of the entire property and the total number of acres where construction activities will occur,including off-site material storage areas, overburden and stockpiles of dirt,and borrow areas that are authorized under the permittee's NOI; (e) data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site(e.g.a portion of a city or county map); (g) a detailed site map(or maps) indicating the following: (i) drainage patterns and approximate slopes anticipated after major grading activities; (ii) areas where soil disturbance will occur; (iii) locations of all controls and buffers,either planned or in place; (iv) locations where temporary or permanent stabilization practices are expected to be used; (v) locations of construction support activities,including off-site activities, that are authorized under the permittee's NOI,including material,waste, borrow,fill,or equipment or chemical storage areas; (vi) surface waters(including wetlands)either at,adjacent, or in close proximity to the site,and also indicating those that are impaired waters; (vii) locations where stormwater discharges from the site directly to a surface water body or a municipal separate storm sewer system; (viii) vehicle wash areas; and (ix) designated points on the site where vehicles will exit onto paved roads(for instance,this applies to construction transition from unstable dirt areas to exterior paved roads). Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret,the operator shall develop a series of maps that collectively include the required information. (h) the location and description of support activities authorized under the permittee's NOI,including asphalt plants,concrete plants,and other activities providing support to the construction site that is authorized under this general permit; (i) the name of receiving waters at or near the site that may be disturbed or that may receive discharges from disturbed areas of the project; (j) a copy of this TPDES general permit; (k) the NOI and acknowledgement certificate for primary operators of large construction sites,and the site notice for small construction sites and for secondary operators of large construction sites; (1) stormwater and allowable non-stormwater discharge locations,including storm drain inlets on site and in the immediate vicinity of the construction site; and Page 27 Construction General Permit TPDES General Permit TXR150000 (m)locations of all pollutant-generating activities,such as paving operations; concrete,paint and stucco washout and water disposal; solid waste storage and disposal; and dewatering operations. 2. A description of the BMPs that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation. At a minimum,the description must include the following components: (a) General Requirements (i) Erosion and sediment controls must be designed to retain sediment on-site to the extent practicable with consideration for local topography,soil type, and rainfall. (ii) Control measures must be properly selected,installed,and maintained according to the manufacturer's or designer's specifications. (iii) Controls must be developed to minimize the offsite transport of litter, construction debris,and construction materials. (b) Erosion Control and Stabilization Practices The SWP3 must include a description of temporary and permanent erosion control and stabilization practices for the site,compliant with the requirements of Part III.G.i and G.2 of this general permit,including a schedule of when the practices will be implemented.Site plans should ensure that existing vegetation is preserved where it is possible. (i) Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation,mulching, geotextiles,sod stabilization,vegetative buffer strips,protection of existing trees and vegetation,slope texturing,temporary velocity dissipation devices,flow diversion mechanisms,and other similar measures. (ii) The following records must be maintained and either attached to or referenced in the SWP3,and made readily available upon request to the parties listed in Part III.D.i of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site; and (C) the dates when stabilization measures are initiated. (iii) Erosion control and stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. Stabilization measures that provide a protective cover must be initiated immediately in portions of the site where construction activities have permanently ceased. The term"immediately"is used to define the deadline for initiating stabilization measures. In the context of this requirement,"immediately"means as soon as practicable,but no later than the end of the next work day,following the day when the earth-disturbing activities have temporarily or permanently ceased. Except as provided in (A)through(D)below,these measures must be completed as soon as practicable,but no more than 14 calendar days after the initiation of soil stabilization measures: (A) Where the immediate initiation of stabilization measures after construction activity temporarily or permanently ceased is precluded Page 28 Construction General Permit TPDES General Permit TXRi50000 by snow cover or frozen ground conditions,stabilization measures must be initiated as soon as practicable. (B) In arid areas,semi-arid areas,or drought-stricken areas where the immediate initiation of stabilization measures after construction activity has temporarily or permanently ceased or is precluded by arid conditions,erosion control and stabilization measures must be initiated as soon as practicable. Where vegetative controls are not feasible due to arid conditions,the operator shall immediately install, and within 14 calendar days of a temporary or permanent cessation of work in any portion of the site complete,non-vegetative erosion controls. If non-vegetative controls are not feasible,the operator shall install temporary sediment controls as required in Paragraph(C) below. (C) In areas where temporary stabilization measures are infeasible,the operator may alternatively utilize temporary perimeter controls. The operator must document in the SWP3 the reason why stabilization measures are not feasible,and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable. The operator must continue to inspect the BMPs at the frequency established in Section III.F.7.(a)for unstabilized sites. (D) If the initiation or completion of vegetative stabilization is affected by circumstances beyond the control of the permittee,vegetative stabilization must be initiated or completed as soon as conditions or circumstances allow it on the site. The requirement to initiate stabilization is triggered as soon as it is known with reasonable certainty that work will be stopped for 14 or more additional calendar days. (iv) Final stabilization must be achieved prior to termination of permit coverage. (v) TCEQ does not expect that temporary or permanent stabilization measures to be applied to areas that are intended to be left un-vegetated or un- stabilized following construction(e.g.,dirt access roads,utility pole pads, areas being used for storage of vehicles,equipment,or materials). (c) Sediment Control Practices The SWP3 must include a description of any sediment control practices used to remove eroded soils from stormwater runoff,including the general timing or sequence for implementation of controls. (i) Sites With Drainage Areas of Ten or More Acres (A) Sedimentation Basin(s) (1) A sedimentation basin is required,where feasible,for a common drainage location that serves an area with ten(10)or more acres disturbed at one time. A sedimentation basin may be temporary or permanent,and must provide sufficient storage to contain a calculated volume of runoff from a 2-year,24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year,24-hour storm event,it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization,if these flows are diverted around both the disturbed areas of the site and the sediment basin.Capacity calculations shall be included in the SWP3. Page 29 Construction General Permit TPDES General Permit TXRi50000 (2) Where rainfall data is not available or a calculation cannot be performed,the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until final stabilization of the site. (3) If a sedimentation basin is not feasible,then the permittee shall provide equivalent control measures until final stabilization of the site. In determining whether installing a sediment basin is feasible,the permittee may consider factors such as site soils, slope,available area,public safety,precipitation patterns,site geometry,site vegetation,infiltration capacity,geotechnical factors,depth to groundwater,and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible,and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4) Unless infeasible,when discharging from sedimentation basins and impoundments,the permittee shall utilize outlet structures that withdraw water from the surface. (B) Perimeter Controls: At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (ii) Controls for Sites With Drainage Areas Less than Ten Acres: (A) Sediment traps and sediment basins may be used to control solids in stormwater runoff for drainage locations serving less than ten(10) acres. At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (B) Alternatively,a sediment basin that provides storage for a calculated volume of runoff from a 2-year,24-hour storm from each disturbed acre drained may be utilized. Where rainfall data is not available or a calculation cannot be performed,a temporary or permanent sediment basin providing 3,600 cubic feet of storage per acre drained may be provided. If a calculation is performed,then the calculation shall be included in the SWP3. (C) If sedimentation basins or impoundments are used,the permittee shall comply with the requirements in Part III.G.6 of this general permit. 3. Description of Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that may occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site or prior to submission of an NOT. 4. Other Required Controls and BMPs (a) Permittees shall minimize,to the extent practicable,the off-site vehicle tracking of sediments and the generation of dust. The SWP3 shall include a description of controls utilized to accomplish this requirement. Page 30 Construction General Permit TPDES General Permit TXRi50000 (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to minimize pollutants from these materials. (c) The SWP3 must include a description of potential pollutant sources from areas other than construction(such as stormwater discharges from dedicated asphalt plants and dedicated concrete batch plants),and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. (d) Permittees shall place velocity dissipation devices at discharge locations and along the length of any outfall channel(i.e.,runoff conveyance)to provide a non- erosive flow velocity from the structure to a water course,so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (f) Permittees shall ensure that all other required controls and BMPs comply with all of the requirements of Part III.G of this general permit. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits,or stormwater management site plans or site permits approved by federal,state,or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits,or stormwater management site plans or site permits approved by state or local official for which the permittee receives written notice. (c) If the permittee is required to prepare a separate management plan,including but not limited to a WPAP or Contributing Zone Plan in accordance with 3o TAC Chapter 213(related to the Edwards Aquifer),then a copy of that plan must be either included in the SWP3 or made readily available upon request to authorized personnel of the TCEQ. The permittee shall maintain a copy of the approval letter for the plan in its SWP3. 6. Maintenance Requirements (a) All protective measures identified in the SWP3 must be maintained in effective operating condition. If,through inspections or other means,the permittee determines that BMPs are not operating effectively,then the permittee shall perform maintenance as necessary to maintain the continued effectiveness of stormwater controls,and prior to the next rain event if feasible. If maintenance prior to the next anticipated storm event is impracticable,the reason shall be documented in the SWP3 and maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled,run-over,removed,or otherwise rendered ineffective must be replaced or corrected immediately upon discovery. (b) If periodic inspections or other information indicates a control has been used incorrectly,is performing inadequately,or is damaged,then the operator shall replace or modify the control as soon as practicable after making the discovery. (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 5o%. For perimeter Page 31 Construction General Permit TPDES General Permit TXRi50000 controls such as silt fences,berms,etc.,the trapped sediment must be removed before it reaches 50%of the above-ground height. (d) If sediment escapes the site,accumulations must be removed at a frequency that minimizes off-site impacts,and prior to the next rain event,if feasible. If the permittee does not own or operate the off-site conveyance,then the permittee shall work with the owner or operator of the property to remove the sediment. 7. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized,areas used for storage of materials that are exposed to precipitation,discharge locations,and structural controls for evidence of,or the potential for,pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit,familiar with the construction site,and knowledgeable of the SWP3 for the site. Sediment and erosion control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions(e.g.site is covered with snow,ice,or frozen ground exists),inspections must be conducted at least once every month. In arid,semi-arid,or drought-stricken areas,inspections must be conducted at least once every month and within 24 hours after the end of a storm event of 0.5 inches or greater. The SWP3 must also contain a record of the total rainfall measured,as well as the approximate beginning and ending dates of winter or drought conditions resulting in monthly frequency of inspections. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed,then the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month,the schedule change must be implemented at the beginning of a calendar month,and the reason for the schedule change must be documented in the SWP3(e.g.,end of"dry"season and beginning of"wet" season). (b) Utility line installation,pipeline construction,and other examples of long, narrow,linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.7.(a)above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas,cause additional disturbance of soils,and increase the potential for erosion. In these circumstances,controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater,but representative inspections may be performed. For representative inspections,personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway,undisturbed right-of-way,or other similar feature intersects the construction site and allows access to the areas described in Part III.F.7.(a) Page 32 Construction General Permit TPDES General Permit TXRi50000 above. The conditions of the controls along each inspected 0.25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile portion to either the end of the next 0.25 mile inspected portion,or to the end of the project,whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days. If this alternative schedule is developed,the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule maybe changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3(e.g., end of"dry"season and beginning of"wet"season). (c) In the event of flooding or other uncontrollable situations which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections,as necessary,to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven(7)calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary,an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable,these changes must be implemented as soon as practicable. (e) A report summarizing the scope of the inspection,the date(s)of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained;locations of BMPs that failed to operate as designed or proved inadequate for a particular location;and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within,and retained as a part of,the SWP3. Reports must identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 3o TAC§305.128(relating to Signatories to Reports). The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 8. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge,as listed in Part II.A.3.of this permit. 9. The SWP3 must include the information required in Part III.B.of this general permit. 10.The SWP3 must include pollution prevention procedures that comply with Part III.G.4 of this general permit. Page 33 Construction General Permit TPDES General Permit TXR150000 Section G. Erosion and Sediment Control Requirements Applicable to All Sites Except as provided in 4o CFR§§125.3o-125.32,any discharge regulated under this general permit,with the exception of sites that obtained waivers based on low rainfall erosivity,must achieve,at a minimum,the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control technology currently available(BPT). 1. Erosion and sediment controls.Design,install,and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants.At a minimum,such controls must be designed,installed,and maintained to: (a) Control stormwater volume and velocity within the site to minimize soil erosion; (b) If any stormwater flow will be channelized at the site,stormwater controls must be designed to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; (c) Minimize the amount of soil exposed during construction activity; (d) Minimize the disturbance of steep slopes; (e) Minimize sediment discharges from the site.The design,installation,and maintenance of erosion and sediment controls must address factors such as the amount,frequency,intensity and duration of precipitation,the nature of resulting stormwater runoff,and soil characteristics,including the range of soil particle sizes expected to be present on the site; (f) If earth disturbance activities are located in close proximity to a surface water, provide and maintain appropriate natural buffers if feasible and as necessary, around surface waters,depending on site-specific topography,sensitivity,and proximity to water bodies. Direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration. If providing buffers is infeasible, the permittee shall document the reason that natural buffers are not feasible,and shall implement additional erosion and sediment controls to reduce sediment load; (g) Preserve native topsoil at the site,unless infeasible;and (h) Minimize soil compaction in post-construction pervious areas. In areas of the construction site where final vegetative stabilization will occur or where infiltration practices will be installed,either: (i) restrict vehicle and equipment use to avoid soil compaction;or (2) prior to seeding or planting areas of exposed soil that have been compacted, use techniques that condition the soils to support vegetative growth,if necessary and feasible; (i) TCEQ does not consider stormwater control features(e.g.,stormwater conveyance channels,storm drain inlets,sediment basins)to constitute"surface waters"for the purposes of triggering the buffer requirement in Part III.G.(f) above. 2. Soil stabilization.Stabilization of disturbed areas must,at a minimum,be initiated immediately whenever any clearing,grading,excavating,or other earth disturbing activities have permanently ceased on any portion of the site,or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. In the context of this requirement,"immediately"means as soon as practicable, but no later than the end of the next work day,following the day when the earth- disturbing activities have temporarily or permanently ceased. Temporary Page 34 Construction General Permit TPDES General Permit TXR150000 stabilization must be completed no more than 14 calendar days after initiation of soil stabilization measures,and final stabilization must be achieved prior to termination of permit coverage. In arid,semi-arid,and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible,alternative non- vegetative stabilization measures must be employed as soon as practicable.Refer to Part III.F.2.(b)for complete erosion control and stabilization practice requirements. 3. Dewatering.Discharges from dewatering activities,including discharges from dewatering of trenches and excavations,are prohibited,unless managed by appropriate controls. 4. Pollution prevention measures.Design,install,implement,and maintain effective pollution prevention measures to minimize the discharge of pollutants.At a minimum,such measures must be designed,installed,implemented,and maintained to: (a) Minimize the discharge of pollutants from equipment and vehicle washing,wheel wash water,and other wash waters.Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (b) Minimize the exposure of building materials,building products,construction wastes,trash,landscape materials,fertilizers,pesticides,herbicides,detergents, sanitary waste,and other materials present on the site to precipitation and to stormwater;and (c) Minimize the discharge of pollutants from spills and leaks,and implement chemical spill and leak prevention and response procedures. 5. Prohibited discharges.The following discharges are prohibited: (a) Wastewater from wash out of concrete trucks,unless managed by an appropriate control(see Part V of the general permit); (b) Wastewater from wash out and cleanout of stucco,paint,form release oils,curing compounds and other construction materials; (c) Fuels,oils,or other pollutants used in vehicle and equipment operation and maintenance;and (d) Soaps or solvents used in vehicle and equipment washing. 6. Surface outlets.When discharging from basins and impoundments,utilize outlet structures that withdraw water from the surface,unless infeasible. Part IV. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s)authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or individual permit. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. Section A. Benchmark Sampling Requirements 1. Operators of concrete batch plants authorized under this general permit shall sample the stormwater runoff from the concrete batch plants according to the requirements Page 35 Construction General Permit TPDES General Permit TXR150000 of this section of this general permit,and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmark monitoring values: Table 1.Benchmark Parameters Benchmark Benchmark Value Sampling Sample Type Parameter Frequency Oil and Grease 15 mg/L i/quarter(*1)(*2) Grab(*3) Total Suspended 10o mg/L 1/quarter(*1)(*2) Grab(*3) Solids pH 6.0—9.o Standard 1/quarter(*1)(*2) Grab(*3) Units Total Iron 1.3 mg/L 1/quarter(*1)(*2) Grab(*3) (*1) When discharge occurs. Sampling is required within the first 3o minutes of discharge. If it is not practicable to take the sample,or to complete the sampling,within the first 3o minutes,sampling must be completed within the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge,the reason must be documented and attached to all required reports and records of the sampling activity. (*2) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October through December For projects lasting less than one full quarter,a minimum of one sample shall be collected,provided that a stormwater discharge occurred at least once following submission of the NOI or following the date that automatic authorization was obtained under Section II.E.2.,and prior to terminating coverage. (*3) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least 0.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant,and where the discharge exits any BMPs utilized to handle the runoff from the batch plant,prior to commingling with any other water authorized under this general permit. 2. The permittee must compare the results of sample analyses to the benchmark values above,and must include this comparison in the overall assessment of the SWP3's effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit,as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality.The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. Page 36 Construction General Permit TPDES General Permit TXR150000 The operator's investigation must identify the following: (a) any additional potential sources of pollution,such as spills that might have occurred, (b) necessary revisions to good housekeeping measures that are part of the SWP3, (c) additional BMPs,including a schedule to install or implement the BMPs,and (d) other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations,then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations maybe identified by laboratory analyses of samples of stormwater runon to the permitted facility,by laboratory analyses of samples of stormwater run-off from adjacent non-industrial areas,or by identifying the pollutant is a naturally occurring material in soils at the site. Section B. Best Management Practices (BMPs)and SWP3 Requirements Minimum SWP3 Requirements—The following are required in addition to other SWP3 requirements listed in this general permit(including,but not limited to Part III.F.7. of this permit): i. Description of Potential Pollutant Sources-The SWP3 must provide a description of potential sources(activities and materials)that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality,and must ensure the implementation of these practices. The following must be developed,at a minimum,in support of developing this description: (a) Drainage—The site map must include the following information: (i) the location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; (2) a depiction of the drainage area and the direction of flow to the outfall(s); (3) structural controls used within the drainage area(s); (4) the locations of the following areas associated with concrete batch plants that are exposed to precipitation:vehicle and equipment maintenance activities(including fueling,repair,and storage areas for vehicles and equipment scheduled for maintenance); areas used for the treatment, storage,or disposal of wastes;liquid storage tanks; material processing and storage areas; and loading and unloading areas; and (5) the locations of the following: any bag house or other dust control device(s); recycle/sedimentation pond,clarifier or other device used for the treatment of facility wastewater(including the areas that drain to the treatment device); areas with significant materials;and areas where major spills or leaks have occurred. (b) Inventory of Exposed Materials—A list of materials handled at the concrete batch plant that may be exposed to stormwater and that have a potential to Page 37 Construction General Permit TPDES General Permit TXR150000 affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks-A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed,maintained,and updated as needed. (d) Sampling Data-A summary of existing stormwater discharge sampling data must be maintained,if available. 2. Measures and Controls-The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's"Description of Potential Pollutant Sources"from Part IV.B.i.(a)of this permit,and a schedule for implementation of the measures and controls. This must include,at a minimum: (a) Good Housekeeping-Good housekeeping measures must be developed and implemented in the area(s)associated with concrete batch plants. (i) Operators must prevent or minimize the discharge of spilled cement, aggregate(including sand or gravel),settled dust,or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation,and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. (2) Operators must prevent the exposure of fine granular solids,such as cement,to stormwater.Where practicable,these materials must be stored in enclosed silos,hoppers or buildings,in covered areas,or under covering. (b) Spill Prevention and Response Procedures-Areas where potential spills that can contribute pollutants to stormwater runoff,and the drainage areas from these locations,must be identified in the SWP3. Where appropriate,the SWP3 must specify material handling procedures,storage requirements,and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (c) Inspections-Qualified facility personnel(i.e.,a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)must be identified to inspect designated equipment and areas of the facility specified in the SWP3.The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility,but must be a minimum of once per month while the facility is in operation.The inspection must take place while the facility is in operation and must,at a minimum,include all areas that are exposed to stormwater at the site,including material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training-An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention,with the provisions of the SWP3. The frequency of training must be documented in Page 38 Construction General Permit TPDES General Permit TXR150000 the SWP3,and at a minimum,must consist of one training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures-A description of spills and similar incidents,plus additional information that is obtained regarding the quality and quantity of stormwater discharges,must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff-The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff,including use of infiltration,detention ponds, retention ponds,or reusing of runoff. 3. Comprehensive Compliance Evaluation—At least once per year,one or more qualified personnel(i.e.,a person or persons with knowledge of this general permit, the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)shall conduct a compliance evaluation of the plant. The evaluation must include the following. (a) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of,or the potential for,pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems,and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff(including structural controls and implementation of management practices)must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee's SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3,such as spill response equipment. (b) Based on the results of the evaluation,the following must be revised as appropriate within two weeks of the evaluation: the description of potential pollutant sources identified in the SWP3(as required in Part IV.B.i., "Description of Potential Pollutant Sources");and pollution prevention measures and controls identified in the SWP3(as required in Part IV.B.2., "Measures and Controls"). The revisions may include a schedule for implementing the necessary changes. (c) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation,the personnel making the evaluation,the date(s)of the evaluation,major observations relating to the implementation of the SWP3,and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance,the report must contain a statement that the evaluation did not identify any incidence(s),and the report must be signed according to 3o TAC§305.128,relating to Signatories to Reports. (d) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part IV.B.2.(c)of this general permit. Section C. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit. These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck wash out at construction sites may be authorized if conducted in accordance with the requirements of Part V of this general permit. Page 39 Construction General Permit TPDES General Permit TXRi50000 Part V. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under Sections II.E.i.,2.,and 3.of this general permit,provided the following requirements are met. Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. 1. Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers,is prohibited by this general permit. 2. Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters,or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms,temporary shallow pits,temporary storage tanks with slow rate release,or other reasonable measures to prevent runoff from the construction site. 3. Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times,and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck wash out as the result of rainfall or stormwater runoff. 4. The discharge of wash out water must not cause or contribute to groundwater contamination. 5. If a SWP3 is required to be implemented,the SWP3 shall include concrete wash out areas on the associated site map. Part VI. Retention of Records The permittee must retain the following records for a minimum period of three(3)years from the date that a NOT is submitted as required by Part II.E.3. For activities in which an NOT is not required,records shall be retained for a minimum period of three(3)years from the date that the operator terminates coverage under Section II.F.3.of this permit. Records include: 1. A copy of the SWP3; 2. All reports and actions required by this permit,including a copy of the construction site notice; 3. All data used to complete the NOI,if an NOI is required for coverage under this general permit;and 4. All records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site,if applicable. Part VII. Standard Permit Conditions 1. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued,and is grounds for enforcement action,for terminating,revoking,or denying coverage under this general permit,or for requiring a discharger to apply for and obtain an individual TPDES permit. 2. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee must furnish to the executive director,upon request and within a reasonable time,any information necessary for the executive director to determine whether cause exists for revoking,suspending,or Page 4o Construction General Permit TPDES General Permit TXRi50000 terminating authorization under this permit. Additionally,the permittee must provide to the executive director,upon request,copies of all records that the permittee is required to maintain as a condition of this general permit. 3. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. 4. Inspection and entry shall be allowed under TWC Chapters 26-28,Texas Health and Safety Code§§361.032-361.o33 and 361.037,and 4o CFR§122.41(i).The statement in TWC§26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety,internal security,and fire protection is not grounds for denial or restriction of entry to any part of the facility or site,but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. 5. The discharger is subject to administrative,civil,and criminal penalties,as applicable,under TWC Chapter 7 for violations including but not limited to the following: (a) negligently or knowingly violating the federal CWA§§3o1,302,306,307,308, 318,or 405,or any condition or limitation implementing any sections in a permit issued under CWA§402,or any requirement imposed in a pretreatment program approved under CWA§§4o2(a)(3)or 402(b)(8); (b) knowingly making any false statement,representation,or certification in any record or other document submitted or required to be maintained under a permit,including monitoring reports or reports of compliance or noncompliance;and (c) knowingly violating§303 of the federal CWA,and placing another person in imminent danger of death or serious bodily injury. 6. All reports and other information requested by the executive director must be signed by the person and in the manner required by 3o TAC§305.128(relating to Signatories to Reports). 7. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. 8. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 9. 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 also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 10.The permittee shall comply with the reporting requirements in 4o CFR§122.41(1),as applicable. Part VIII. Fees 1. A fee of must be submitted along with the NOI: (a) $325 if submitting a paper NOI,or (b) $225 if submitting an NOI electronically. Page 41 Construction General Permit TPDES General Permit TXR150000 2. Fees are due upon submission of the NOI. An NOI will not be declared administratively complete unless the associated fee has been paid in full. 3. No separate annual fees will be assessed for this general permit. The Water Quality Annual Fee has been incorporated into the NOI fees as described above. Page 42 Construction General Permit TPDES General Permit TXR150000 Appendix A: Automatic Authorization Periods of Low Erosion Potential by County— Eligible Date Ranges Andrews: Nov. 15-Apr. 3o Ector: Nov. 15-Apr.30 Archer: Dec. 15 -Feb. 14 Edwards: Dec. 15 -Feb. 14 Armstrong: Nov. 15-Apr.3o El Paso: Jan. 1-Jul. 14,or May 15-Jul. Bailey: Nov. 1 -Apr. 30,or Nov. 15 -May 31,or Jun. 1 -Aug. 14,or Jun. 15 -Sept. 14, 14 or Jul. 1 -Oct. 14,or Jul. 15-Oct.31,or Aug. 1 -Apr.30,or Aug. 15-May 14,or Baylor: Dec. 15-Feb. 14 Sept. 1-May 30,or Oct. 1-Jun. 14,or Borden: Nov. 15-Apr. 3o Nov. 1 -Jun.30,or Nov. 15-Jul. 14 Brewster: Nov. 15-Apr. 3o Fisher: Dec. 15-Feb. 14 Briscoe: Nov. 15-Apr.30 Floyd: Nov. 15 -Apr. 30 Brown: Dec. 15 -Feb. 14 Foard: Dec. 15-Feb. 14 Callahan: Dec. 15-Feb. 14 Gaines: Nov. 15 -Apr.30 Carson: Nov. 15-Apr. 3o Garza: Nov. 15-Apr.30 Castro: Nov. 15-Apr.30 Glasscock: Nov. 15 -Apr. 30 Childress: Dec. 15-Feb. 14 Hale: Nov. 15 -Apr. 30 Cochran: Nov. 1 -Apr. 30,or Nov. 15 - Hall: Feb. 1-Mar. 30 May 14 Hansford: Nov. 15-Apr.30 Coke: Dec. 15 -Feb. 14 Hardeman: Dec. 15-Feb. 14 Coleman: Dec. 15-Feb. 14 Hartley: Nov. 15-Apr. 30 Collingsworth: Jan. 1 -Mar. 30,or Dec. 1 - Haskell: Dec. 15-Feb. 14 Feb. 28 Hockley: Nov. 1 -Apr. 14,or Nov. 15- Concho: Dec. 15-Feb. 14 Apr.30 Cottle: Dec. 15-Feb. 14 Howard: Nov. 15-Apr. 30 Crane: Nov. 15-Apr.3o Hudspeth: Nov. 1 -May 14 Crockett: Nov. 15-Jan. 14,or Feb. 1 - Hutchinson: Nov. 15-Apr.30 Mar. 3o Irion: Dec. 15-Feb. 14 Crosby: Nov. 15-Apr. 30 Jeff Davis: Nov. 1-Apr.30 or Nov. 15- Culberson: Nov. 1-May 14 May 14 Dallam: Nov. 1 -Apr. 14,or Nov. 15-Apr. Jones: Dec. 15-Feb. 14 30 Kent: Nov. 15-Jan. 14 or Feb. 1-Mar.30 Dawson: Nov. 15-Apr.3o Kerr: Dec. 15-Feb. 14 Deaf Smith: Nov. 15-Apr. 30 Kimble: Dec. 15-Feb. 14 Dickens: Nov. 15-Jan. 14,or Feb. 1-Mar. 30 King: Dec. 15 -Feb. 14 Dimmit: Dec. 15-Feb. 14 Kinney: Dec. 15-Feb. 14 Donley: Jan. 1 -Mar. 30,or Dec. 1 -Feb. Knox: Dec. 15-Feb. 14 28 Lamb: Nov. 1 -Apr. 14,or Nov. 15-Apr. Eastland: Dec. 15-Feb. 14 30 Page 43 Construction General Permit TPDES General Permit TXR150000 Loving: Nov. 1 -Apr.30,or Nov. 15-May Scurry: Nov. 15-Apr.30 14 Shackelford: Dec. 15-Feb. 14 Lubbock: Nov. 15-Apr. 3o Sherman: Nov. 15-Apr.30 Lynn: Nov. 15 -Apr. 3o Stephens: Dec. 15-Feb. 14 Martin: Nov. 15-Apr.3o Sterling: Nov. 15 -Apr.30 Mason: Dec. 15-Feb. 14 Stonewall: Dec. 15-Feb. 14 Maverick: Dec. 15-Feb. 14 Sutton: Dec. 15-Feb. 14 McCulloch: Dec. 15 -Feb. 14 Swisher: Nov. 15-Apr.30 Menard: Dec. 15-Feb. 14 Taylor: Dec. 15- Feb. 14 Midland: Nov. 15-Apr.30 Terrell: Nov. 15 -Apr. 30 Mitchell: Nov. 15 -Apr.30 Terry: Nov. 15-Apr.30 Moore: Nov. 15-Apr.30 Throckmorton: Dec. 15-Feb. 14 Motley: Nov. 15-Jan. 14,or Feb. 1-Mar. 30 Tom Green: Dec. 15-Feb. 14 Nolan: Dec. 15-Feb. 14 Upton: Nov. 15-Apr. 30 Oldham: Nov. 15-Apr. 30 Uvalde: Dec. 15-Feb. 14 Parmer: Nov. 1-Apr. 14,or Nov. 15-Apr. Val Verde: Nov. 15-Jan. 14,or Feb. 1- Mar. 30 30 Pecos: Nov. 15-Apr.3o Ward: Nov. 1-Apr. 14,or Nov. 15-Apr. 30 Potter: Nov. 15-Apr. 3o Wichita: Dec. 15-Feb. 14 Presidio: Nov. 1 -Apr.30,or Nov. 15 - May 14 Wilbarger: Dec. 15-Feb. 14 Randall: Nov. 15-Apr. 3o Winkler: Nov. 1-Apr.30,or Nov. 15- May 14 Reagan: Nov. 15-Apr. 30 Yoakum: Nov. 1 -Apr.30,or Nov. 15 - Real: Dec. 15 -Feb. 14 May 14 Reeves: Nov. 1 -Apr. 30,or Nov. 15-May Young: Dec. 15-Feb. 14 14 Wheeler: Jan. 1 -Mar. 30,or Dec. 1 -Feb. Runnels: Dec. 15-Feb. 14 28 Schleicher: Dec. 15-Feb. 14 Zavala: Dec. 15-Feb. 14 Page 44 Construction General Permit TPDES General Permit TXRi50000 Appendix B: Erosivity Index(EI)Zones in Texas Ilraf 4 _ ..,- rr rr r c r!!N*,#*! 71! ■• s• _-r3 ***s•••AM a. _ •.. - - *• ��■ -•'y a -.. * •••4 *4 •iF+}i' ..—q----, gm a MD JAW r+..•4 4,• ■ • a • •••! *7e ..j.#*~-_.�_ rl rs ANA ONO r1•� r• �'. ■ .- • r r . .r . � a�.•' • F r OM'MI-ANN aim a..�•. - -Z i • '1 a..'' rag t f* .F - am.e4 a•.mm• 74 w;i fit .r �,F �/ �!!i..... �■ � �'r• �....---.7-.--e- i .'a' + r'y 1 i l+ � .1•c:i...•■ 1 #,r.F i 4 a �:.�- re Olio i r. 4 ....r.. r ?SI• - ; . a+ .e.r ■e �' ""'•.w. 1• ,• r •fe. y IA r .; ••• 1 ..•1...•.• AM w rr of aeI�IV 1r► • #! s • a ` t •r s♦••`a•t-s sm ea tor es� mg* •.• a.fw 4• •1•�• . II•4.• e.am aaraA! - _ 1 • r MN N t ' r•rI.1•a1•.i 11•11 NMI .�NM=1R• , •�-. • !4�. •r •♦••.. .M AID .W we 7e! - • w . ■ ■ 72 - .! ......... ..,. P1 •.r mm e■li me 7•� r Fi • --1•.a .■•r..� e•— am g-■ef =. ..1• ° 4 II 11•.r• ° - 1 ! 1 at ra■.r••• me a a MN NW OM .-«• 0 e•• ' • • •r�r..la.t r6 re.■■a e..a� - F .r*•.• •. . ae.rea.a aMae lT = *1s ♦*• op Mi AM rr■a C.. +1 * .!"a. der ow.•M. - A*OP-- d::.S- 11+i !;•# �eeswfi •el '�4 f •i b. i ma u—s ...fitON 3 l h - • o1* e!4i t` � .� a 4 i •e i I lt s1:< r' tf if`li � I ;ir.4WL '1 „. 4 Adapted from Chapter 2 of USDA Agriculture Handbook 703:"Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),”U.S.Department of Agriculture,Agricultural Research Service I I Page 45 Construction General Permit TPDES General Permit TXR150000 Appendix C: Isoerodent Map Ilk.iAffII.aTa..••i�.%ow,nm. rifilfiNaPMEAMMVPILLIVIIIiirripa 1A gv ' 1.1 1►1iw■pe 01Sli In WNW. FAh-vflitWAPrzo- IrlailliA ; �� ■'Sri WARN ! � • l MOH III 11 4 so Irr■ +lki •.. t .ai ,r rr,1rir 1pial t v'gr f ii ■ r '�fat 111i IIUii rV /lf / pow i 2° fAbied ariirriagag ,i4eOttir9-00% 3°Atri Mil' 1'1E4 ,0 Er ► VA!R t% ' if e 1" rank Irlkegok '12111110W Ill flit 26 4• I Adapted from Chapter 2 of USDA Agriculture Handbook 703:`Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service Page 46 Construction General Permit TPDES General Permit TXRi50000 Appendix D: Erosivity Indices for EI Zones in Texas Periods: EI# 1/1 i/i6 1/31 2/15 3/1 3/16 3/31 4/15 4/30 5/15 5/30 6/14 6/29 7/14 7/29 8/13 8/z8 9/12 9/27 10/1210/2711/11 11/2612/1112/31 89 0 1 1 2 3 4 7 2 8 27 38 48 55 62 69 76 83 90 94 97 98 99 100 100 loo 90 0 1 2 3 4 6 8 13 21 29 37 46 54 6o 65 69 74 81 87 92 95 97 98 99 loo 91 0 0 0 0 1 1 1 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100 100 100 92 0 0 0 0 1 1 1 2 6 16 29 39 46 53 6o 67 74 81 88 95 99 99 loo 100 100 93 0 1 1 2 3 4 6 8 13 25 40 49 56 62 67 72 76 8o 85 91 97 98 99 99 loo 94 0 1 2 4 6 8 10 15 21 29 38 47 53 57 61 65 7o 76 83 88 91 94 96 98 100 95 0 1 3 5 7 9 11 14 18 27 35 41 46 51 57 62 68 73 79 84 89 93 96 98 loo 96 0 2 4 6 9 12 17 23 30 37 43 49 54 58 62 66 7o 74 78 82 86 90 94 97 loo 97 0 1 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 86 89 92 95 98 99 loo 1o6 0 3 6 9 13 17 21 27 33 38 44 49 55 61 67 71 75 78 81 84 86 90 94 97 loo Each period begins on the date listed in the table above and lasts until the day before the following period. The final period begins on December ii and ends on December 31. Table adapted from Chapter 2 of USDA Agriculture Handbook 703:`Predicting Soil Erosion by Water:A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture, Agricultural Research Service Page 47 TCEQ Office Use Only Permit No.: RN: CN: Region: TCEQ Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXRi50000) IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. • Use the CHECKLIST to make certain all you filled out all required information. Incomplete applications WILL delay approval or result in automatic denial. • Once processed your permit can be viewed at: http://www2.tceq.texas.gov/wq dpa/index.cfm ePERMITS: Sign up now for online NOI: https://www3.tceq.texas.gov/steers/index.cfm Pay a$225 reduced application fee by using ePermits. APPLICATION FEE: • You must pay the$325 Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. • Did you know you can pay on line? • Go to https://wwwflAceq.texas.gov/epay/index.cfrn • Select Fee Type: GENERAL PERMIT CONSTRUCTION STORM WATER DISCHARGE NOI APPLICATION • Provide your payment information below,for verification of payment: ❑Mailed Check/Money Order No.: Name Printed on Check: ❑EPAY Voucher No.: Is the Payment Voucher copy attached? ❑ Yes RENEWAL: Is this NOI a Renewal of an existing General Permit Authorization? (Note:A permit cannot be renewed after June 3, 2013.) ❑Yes The Permit number is:TXR15 (If a permit number is not provided, a new number will be assigned.) ❑No i) OPERATOR (Applicant) a) If the applicant is currently a customer with TCEQ,what is the Customer Number(CN) issued to this entity? You may search for your CN at: http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=cust.CustSearch CN TCEQ 20022(03/05/2013) Page 1 b) What is the Legal Name of the entity(applicant)applying for this permit? (The legal name must be spelled exactly as filed with the Texas Secretary of State,County,or in the legal document forming the entity.) c) What is the name and title of the person signing the application? The person must be an executive official meeting signatory requirements in TAC 305.44(a). Prefix(Mr.Ms.Miss): First/Last Name: Suffix: Title: Credential: d) What is the Operator Contact's(Responsible Authority)contact information and mailing address as recognized by the US Postal Service(USPS)? You may verify the address at: http://zip4.usps.com/zip4/welcome jsp Phone#: ext: Fax#: E-mail: Mailing Address: Internal Routing(Mail Code,Etc.): City: State: ZIP Code: If outside USA: Territory: Country Code: Postal Code: e) Indicate the type of Customer(The instructions will help determine your customer type): ❑Individual ❑Limited Partnership ❑Sole Proprietorship-DBA ❑Joint Venture ❑General Partnership El Corporation ❑Trust ❑Estate ❑ Federal Government ❑State Government ❑County Government ❑ City Government ❑Other Government f) Independent Operator? ❑Yes ❑No (If governmental entity,subsidiary,or part of a larger corporation,check"No".) g) Number of Employees: ❑0-20; 021-100; 0101-250; ❑251-500; or ❑501 or higher h) Customer Business Tax and Filing Numbers: (REQUIRED for Corporations and Limited Partnerships. Not Required for Individuals, Government,or Sole Proprietors) State Franchise Tax ID Number: Federal Tax ID: Texas Secretary of State Charter(filing)Number: DUNS Number(if known): 2) APPLICATION CONTACT If TCEQ needs additional information regarding this application,who should be contacted? Is the application contact the same as the applicant identified above? ❑Yes,go to Section 3). ❑ No,complete section below. Prefix(Mr.Ms.Miss): First/Last Name: Suffix: Title: Credential: TCEQ 20022(03/05/2013) Page 2 Organization Name: Phone No.: ext: Fax Number: E-mail: Mailing Address: Internal Routing(Mail Code,Etc.): City: • State: ZIP Code: Mailing Information if outside USA: Territory: Country Code: Postal Code: 3) REGULATED ENTITY(RE) INFORMATION ON PROJECT OR SITE If the site of your business is part of a larger business site or if other businesses were located at this site before yours,a Regulated Entity Number(RN)may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=regent.RNSearch. If the site is found,provide the assigned Regulated Entity Reference Number and provide the information for the site to be authorized through this application below. The site information for this authorization may vary from the larger site information. a) TCEQ issued RE Reference Number(RN): RN b) Name of project or site(the name known by the community where located): c) In your own words,briefly describe the primary business of the Regulated Entity: (Do not repeat the SIC and NAICS code): d) County(or counties if> 1) e) Latitude: Longitude: f) Does the site have a physical address? ❑Yes,complete Section A for a physical address. ❑No,complete Section B for site location information. Section A: Enter the physical address for the site. Verify the address with USPS.If the address is not recognized as a delivery address,provide the address as identified for overnight mail delivery,911 emergency or other online map tools to confirm an address. Physical Address of Project or Site: Street Number: Street Name: City: State:Texas ZIP Code: TCEQ 20022(03/05/2013) Page 3 Section B: Enter the site location information. If no physical address(Street Number&Street Name),provide a written location access description to the site. (Ex.: located 2 miles west from intersection of Hwy 290&IH35 accessible on Hwy 290 South) City where the site is located or,if not in a city,what is the nearest city: State: Texas ZIP Code where the site is located: 4) GENERAL CHARACTERISTICS a) Is the project/site located on Indian Country Lands? ❑Yes-If the answer is Yes,you must obtain authorization through EPA, Region 6. ❑ No b) Is your construction activity associated with a facility that,when completed,would be associated with the exploration,development,or production of oil or gas or geothermal resources? ❑Yes-If the answer is Yes,you may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization through EPA,Region 6. ❑ No c) What is the Primary Standard Industrial Classification(SIC)Code that best describes the construction activity being conducted at the site? Primary SIC Code: d) If applicable,what is the Secondary SIC Code(s): e) What is the total number of acres disturbed? f) Is the project site part of a larger common plan of development or sale? ❑Yes-If the answer is Yes,the total number of acres disturbed can be less than 5 acres. No -If the answer is No,the total number of acres disturbed must be 5 or more. If the total number of acres disturbed is less than 5 then the project site does not qualify for coverage through this Notice of Intent. Coverage will be denied. See the requirements in the general permit for small construction sites. g) What is the name of the first water body(s)to receive the stormwater runoff or potential runoff from the site? h) What is the segment number(s)of the classified water body(s)that the discharge will eventually reach? TCEQ 20022(03/05/2013) Page 4 i) Is the discharge into an MS4? ❑ Yes-If the answer is Yes,provide the name of the MS4 operator below. ❑ No If Yes,provide the name of the MS4 operator: Note: The general permit requires you to send a copy of the NOI to the MS4 operator. j) Are any of the surface water bodies receiving discharges from the construction site on the latest EPA-approved CWA 3o3(d) List of impaired waters? ❑ Yes-If the answer is Yes,provide the name(s)of the impaired water body(s)below. ❑ No If Yes,provide the name(s)of the impaired water body(s): k) Is the discharge or potential discharge within the Recharge Zone,Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer as defined in 3o TAC Chapter 213? ❑ Yes-If the answer is Yes,complete certification below by checking"Yes." ❑ No I certify that a copy of the TCEQ approved Plan required by the Edwards Aquifer Rule (3o TAC Chapter 213)is either included or referenced in the Stormwater Pollution Prevention Plan. ❑ Yes TCEQ 20022(03/05/2013) Page 5 ) CERTIFICATION Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial of coverage under the general permit. a) I certify that I have obtained a copy and understand the terms and conditions of the Construction General Permit(TXR150000). ❑yes b) I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas. ❑Yes c) I understand that a Notice of Termination(NOT)must be submitted when this authorization is no longer needed. ❑Yes d) I certify that a Stormwater Pollution Prevention Plan has been developed,will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans,as required in the general permit TXR150000. Note:For multiple operators who prepare a shared SWP3,the confirmation of an operator may be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator. ❑Yes Operator Certification: I, Typed or printed name Title 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 there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 3o Texas Administrative Code 305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) TCEQ 20022(03/05/2013) Page 6 NOTICE OF INTENT CHECKLIST (TXR150000) • Did you complete everything? Use this checklist to be sure! • Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the general permit. (See NOI process description in the Instructions) Application Fee: If paying by Check: 0 Check was mailed separately to the TCEQs Cashier's Office.(See Instructions for Cashier's address and Application address.) El Check number and name on check is provided in this application. If using ePay: 0 The voucher number is provided in this application or a copy of the voucher is attached. PERMIT NUMBER: n Permit number provided—if this application is for renewal of an existing authorization. OPERATOR INFORMATION-Confirm each item is complete: n Customer Number(CN)issued by TCEQ Central Registry 0 Legal name as filed to do business in Texas (Call TX SOS 512/463-5555) n Name and title of responsible authority signing the application n Mailing address is complete&verifiable with USPS. www.usps.com n Phone numbers/e-mail address n Type of operator(entity type) n Independent operator 0 Number of employees El For corporations or limited partnerships—Tax ID and SOS filing numbers n Application contact and address is complete&verifiable with USPS.http://www.usps.com REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE-Confirm each item is complete: n Regulated Entity Reference Number(RN) (if site is already regulated by TCEQ) n Site/project name/regulated entity n Latitude and longitude http://www.tceq.texas.gov/gis/sgmaview.html n County n Site/project physical address. Do not use a rural route or post office box. n Business description GENERAL CHARACTERISTICS-Confirm each item is complete: 7 Indian Country Lands—the facility is not on Indian Country Lands n Construction activity related to facility associated to oil,gas,or geothermal resources 0 Standard Industrial Classification(SIC)Code www.osha.gov/oshstats/sicser.html n Acres disturbed is provided and qualifies for coverage through a NOI n Common plan of development or sale I Receiving water body(s) n Segment number(s) n Impaired water body(s) ED MS4 operator n Edwards Aquifer rule CERTIFICATION 0 Certification statements have been checked indicating"Yes" 0 Signature meets 30 Texas Administrative Code(TAC)305.44 and is original. TCEQ-20022 Checklist(03/05/2013) Page Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXRl50000) General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent(NOI): BY REGULAR U.S. MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Texas Commission on Environmental Quality Environmental Quality Stormwater Processing Center Stormwater Processing Center (MC228) (MC228) P.O. Box 13087 12100 Park 35 Circle Austin,Texas 78711-3087 Austin,TX 78753 TCEQ Contact List: Application—status and form questions: 512/239-3700,swpermit@tceq.texas.gov Technical questions: 512/239-4671,swgp @tceq.texas.gov Environmental Law Division: 512/239-0600 Records Management-obtain copies of forms: 512/239-0900 Reports from databases(as available): 512/239-DATA(3282) Cashier's office: 512/239-0357 or 512/239-0187 Notice of Intent Process: When your NOI is received by the program,the form will be processed as follows: 1) Administrative Review: Each item on the form will be reviewed for a complete response. In addition,the operator's legal name must be verified with Texas Secretary of State as valid and active(if applicable). The address(s)on the form must be verified with the US Postal service as receiving regular mail delivery. Never give an overnight/express mailing address. 2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above,a notice of deficiency(NOD)will be mailed to the operator. The operator will have 3o days to respond to the NOD. The response will be reviewed for completeness. 3) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: If the operator fails to respond to the NOD or the response is inadequate,coverage under the general permit may be denied. If coverage is denied,the operator will be notified. General Permit(Your Permit) For NOIs submitted electronically through ePermits,provisional coverage under the general permit begins immediately following confirmation of receipt of the NOI form by the TCEQ. For paper NOIs,provisional coverage under the general permit begins 7 days after a completed NOI is postmarked for delivery to the TCEQ. TCEQ-20022 Instructions(03/05/2013) Page 1 You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage,on the TCEQ web site http://www.tceq.texas.gov. Search using key word TXR15o000. General Permit Forms The Notice of Intent(NOI),Notice of Termination(NOT),and Notice of Change(NOC) (including instructions)are available in Adobe Acrobat PDF format on the TCEQ web site http://www.tceq.texas.gov. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted no later than 10 days prior to the change in Operator status. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a Core Data Form to TCEQ. After final acknowledgment of coverage under the general permit,the program will assign a Customer Number and Regulated Entity Number. You can find the information on the Central Registry web site at http://wwwl2.tceq.texas.gov/crpub/index.cfm. You can search by the Regulated Entity(RN), Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled"Additional ID". Capitalize all letters in the permit number. The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all authorizations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area. Fees associated with a General Permit Payment of the fee may be made by check or money order,payable to TCEQ,or through EPAY (electronic payment through the web). Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to submit payment at the time the application is filed will cause delays in acknowledgment or denial of coverage under the general permit. Mailed Payments: Payment must be mailed under separate cover at one of the addresses below using the attached Application Fee submittal form.(DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P.O. Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 TCEQ-20022 Instructions(03/05/2013) Page 2 ePAY Electronic Payment:http://www.tceq.texas.gov/epay When making the payment you must select Water Quality,and then select the fee category "General Permit Construction Storm Water Discharge NOI Application". You must include a copy of the payment voucher with your NOI. Your NOI will not be considered complete without the payment voucher. INSTRUCTIONS FOR FILLING O1 FT TILE NOI FORM Renewal of General Permit. Dischargers holding active authorizations under the expired General Permit are required to submit a NOI to continue coverage. The existing permit number is required. If the permit number is not provided or has been terminated,expired,or denied a new permit number will be issued. 1. Operator(Applicant) a)Enter assigned Customer Number(CN) TCEQ's Central Registry will assign each customer a number that begins with CN,followed by nine digits.This is not a permit number, registration number, or license number. If this customer has not been assigned a CN,leave the space for the CN blank. If this customer has already been assigned this number,enter the permittee's CN. b) Legal Name Provide the current legal name of the permittee,as authorized to do business in Texas.The name must be provided exactly as filed with the Texas Secretary of State(SOS),or on other legal documents forming the entity,that is filed in the county where doing business.You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name. c) Person Signing Application Provide information about person signing section 5)Certification. d) Operator Contact's(Responsible Authority)Contact Information and Mailing Address Provide a complete mailing address for receiving mail from the TCEQ.The address must be verifiable with the US Postal Service at http://www.usps.com for regular mail delivery(not overnight express mail).If you find that the address is not verifiable using the LISPS web search, please indicate the address is used by the USPS for regular mail delivery. The area code and phone number should provide contact to the operator.Leave Extension blank if not applicable. The fax number and e-mail address are optional and should correspond to the operator. e)Type of Customer(Entity Type) Check only one box that identifies the type of entity. Use the descriptions below to identify the appropriate entity type. Note that the selected entity type also indicates the name that must be provided as an applicant for a permit,registration or authorization. TCEQ-20022 Instructions(03/05/2013) Page 3 Sole Proprietorship—DBA A sole proprietorship is a customer that is owned by only one person and has not been incorporated. This business may: • be under the person's name • have its own name(doing business as or d.b.a.) • have any number of employees If the customer is a Sole Proprietorship or DBA,the`legal name'of the individual business`owner'must be provided. The DBA name is not recognized as the`legal name' of the entity.The DBA name may be used for the site name(regulated entity). Individual An individual is a customer who has not established a business,but conducts an activity that needs to be regulated by the TCEQ. Partnership • A customer that is established as a partnership as defined by the Texas Secretary of State Office(TX SOS).A Limited Partnership or Limited Liability Partnership (Partnership)is required to file with the Texas Secretary of State.A General Partnership or Joint Venture is not required to register with the state. • Partnership(Limited Partnership or Limited Liability Partnership):A limited partnership is defined in the Act as a partnership formed by two or more persons under the provisions of Section 3 of the Uniform Limited Partnership Act (Art.6132a,Revised Civil Statutes of Texas)and having as members one or more general partners and one or more limited partners.The limited partners as such are not bound by the obligations of the partnership.Limited partners may not take part in the day-to-day operations of the business.A Limited Partnership must file with the Texas Secretary of State.A registered limited liability partnership is a general or limited partnership that is registered with the Texas Secretary of State.The partnership's name must contain the words"Registered Limited Liability Partnership"or the abbreviation"L.L.P."as the last words or letters of its name. • General Partnership:A general partner may or may not invest,participates in running the partnership and is liable for all acts and debts of the partnership and any member of it.A General Partnership does not have limited partners.For a General Partnership,there is no registration with the state or even written agreement necessary for a general partnership to be formed.The legal definition of a partnership is generally stated as"an association of two or more persons to carry on as co-owners a business for profit" (Revised Uniform Partnership Act§ 101[1994]). • Joint Venture:A joint venture is but another name for a special partnership.It might be distinguished from a general partnership in that the latter is formed for the transaction of a general business,while a joint venture is usually limited to a single transaction.That is,a joint venture is a special combination of persons in the nature of a partnership engaged in the joint prosecution of a particular transaction for mutual benefit or profit. Corporation A customer meets all of these conditions: • is a legally incorporated entity under the laws of any state or country • is recognized as a corporation by the Texas Secretary of State TCEQ-20022 Instructions(03/05/2013) Page 4 • has proper operating authority to operate in Texas. • The corporation's`legal name'as filed with the Texas Secretary of State must be provided as applicant. An`assumed'name of a corporation is not recognized as the`legal name'of the entity. Government Federal,state,county,or city government(as appropriate) The customer is either an agency of one of these levels of government or the governmental body itself. The government agency's`legal name'must be provided as the applicant. A department name or other description of the organization should not be included as a part of the`legal name'as applicant. Trust or Estate A trust and an estate are fiduciary relationships governing the trustee/executor with respect to the trust/estate property. • Other Government A utility district,water district,tribal government,college district,council of governments,or river authority.Write in the specific type of government. f)Independent Entity Check No if this customer is a subsidiary,part of a larger company,or is a governmental entity. Otherwise,check Yes. g)Number of Employees Check one box to show the number of employees for this customer's entire company,at all locations.This is not necessarily the number of employees at the site named in the application. h)Customer Business Tax and Filing Numbers These are required for Corporations and Limited Partnerships. These are not required for Individuals,Government,and Sole Proprietors. State Franchise Tax ID Number Corporations and limited liability companies that operate in Texas are issued a franchise tax identification number.If this customer is a corporation or limited liability company,enter this number here. Federal Tax ID All businesses,except for some small sole proprietors,individuals,or general partnerships should have a federal taxpayer identification number(TIN).Enter this number here.Use no prefixes,dashes,or hyphens.Sole proprietors,individuals,or general partnerships do not need to provide a federal tax ID. TX SOS Charter(filing)Number Corporations and Limited Partnerships required to register with the Texas Secretary of State are issued a charter or filing number. You may obtain further information by calling SOS at 512/463-5555. DUNS Number Most businesses have a DUNS(Data Universal Numbering System)number issued by Dun and Bradstreet Corp.If this customer has one,enter it here. TCEQ-20022 Instructions(03/05/2013) Page 5 2. APPLICATION CONTACT Provide the name,title and communication information of the person that TCEQ can contact for additional information regarding this application. 3. REGULATED ENTITY(RE) INFORMATION ON PROJECT OR SITE a) Regulated Entity Reference Number(RN) A number issued by TCEQ's Central Registry to sites(a location where a regulated activity occurs)regulated by TCEQ.This is not a permit number,registration number,or license number. If this regulated entity has not been assigned an RN,leave this space blank. If the site of your business is part of a larger business site,a Regulated Entity Number(RN)may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=regent.RNSearch If the site is found,provide the assigned Regulated Entity Reference Number(RN)and provide the information for the site to be authorized through this application. The site information for this authorization may vary from the larger site information. An example is a chemical plant where a unit is owned or operated by a separate corporation that is accessible by the same physical address of your unit or facility. Other examples include industrial parks identified by one common address but different corporations have control of defined areas within the site. In both cases,an RN would be assigned for the physical address location and the permitted sites would be identified separately under the same RN. b) Site/Project Name/Regulated Entity Provide the name of the site as known by the public in the area where the site is located.The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity name. c) Description of Activity Regulated In your own words,briefly describe the primary business that you are doing that requires this authorization. Do not repeat the SIC Code description. d) County Identify the county or counties in which the regulated entity is located. e) Latitude and Longitude Enter the latitude and longitude of the site in degrees,minutes,and seconds or decimal form. For help obtaining the latitude and longitude,go to: http://www.tceq.texas.gov/gis/sgmaview.html or http://nationalmap.gov/ustopo f) Site/Project(RE) Physical Address/Location Information Enter the complete address for the site in Section A if the address can be validated through the US Postal Service. If the physical address is not recognized as a USPS delivery address,you may need to validate the address with your local police(911 service)or through an online map site used to locate a site. Please confirm this to be a complete and valid address. Do not use a rural route or post office box for a site location. TCEQ-20022 Instructions(03/05/2013) Page 6 If a site does not have an address that includes a street(or house)number and street name, enter NO ADDRESS for the street name in Section A. In Section B provide a complete written location description.For example:"The site is located 2 miles west from intersection of Hwy 290&IH35,located on the southwest corner of the Hwy 290 South bound lane." Provide the city(or nearest city)and zip code of the facility location. 4. GENERAL CHARACTERISTICS a) Indian Country Lands If your site is located on Indian Country Lands,the TCEQ does not have authority to process your application. You must obtain authorization through EPA,Region 6,Dallas. Do not submit this form to TCEQ. b) Construction activity associated with facility associated with exploration, development,or production of oil,gas,or geothermal resources If your activity is associated with oil and gas exploration,development,or production,you may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization from EPA Region 6. For more information,see: http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=9&p dir=&p rloc=&p tlo c=&p ploc=&pg=i&p tac=&ti=16&pt=i&ch=3&r1=3o Construction activities associated with a facility related to oil,gas or geothermal resources may include the construction of a well site;treatment or storage facility;underground hydrocarbon or natural gas storage facility;reclamation plant;gas processing facility;compressor station; terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility;a carbon dioxide geologic storage facility;and a gathering, transmission,or distribution pipeline that will transport crude oil or natural gas,including natural gas liquids,prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel. Where required by federal law,discharges of stormwater associated with construction activities under the Railroad Commission's jurisdiction must be authorized by the EPA and the Railroad Commission of Texas,as applicable.Activities under Railroad Commission of Texas jurisdiction include construction of a facility that,when completed,would be associated with the exploration,development,or production of oil or gas or geothermal resources,such as a well site;treatment or storage facility;underground hydrocarbon or natural gas storage facility; reclamation plant;gas processing facility;compressor station;terminal facility where crude oil is stored prior to refining and at which refined products are stored solely for use at the facility;a carbon dioxide geologic storage facility under the jurisdiction of the Railroad Commission of Texas;and a gathering,transmission,or distribution pipeline that will transport crude oil or natural gas,including natural gas liquids,prior to refining of such oil or the use of the natural gas in any manufacturing process or as a residential or industrial fuel.The Railroad Commission of Texas also has jurisdiction over stormwater from land disturbance associated with a site survey that is conducted prior to construction of a facility that would be regulated by the Railroad Commission of Texas.Under 33 U.S.C.§1342(l)(2)and§1362(24),EPA cannot require a permit for discharges of stormwater from"field activities or operations associated with{oil and gas}exploration,production,processing,or treatment operations,or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment,whether or not such field activities or operations may be considered to be construction activities"unless the discharge is contaminated by contact with any overburden, raw material,intermediate product,finished product,byproduct,or waste product located on the site of the facility.Under§3.8 of this title(relating to Water Protection),the Railroad TCEQ-20022 Instructions(03/05/2013) Page 7 Commission of Texas prohibits operators from causing or allowing pollution of surface or subsurface water.Operators are encouraged to implement and maintain best management practices(BMPs)to minimize discharges of pollutants,including sediment,in stormwater during construction activities to help ensure protection of surface water quality during storm events. c) Primary Standard Industrial Classification(SIC)Code Provide the SIC Code that best describes the construction activity being conducted at this site. Common SIC Codes related to construction activities include: • 1521-Construction of Single Family Homes • 1522-Construction of Residential Bldgs.Other than Single Family Homes • 1541-Construction of Industrial Bldgs.and Warehouses • 1542-Construction of Non-residential Bldgs,other than Industrial Bldgs.and Warehouses • 1611-Highway and Street Construction,except Highway Construction • 1622-Bridge,Tunnel,and Elevated Highway Construction • 1623-Water,Sewer,Pipeline and Communications,and Power Line Construction For help with SIC Codes,go to: http://www.osha.gov/pls/imis/sicsearch.html d) Secondary SIC Code Secondary SIC Code(s)may be provided. Leave blank if not applicable. For help with SIC Codes, go to: http://www.osha.gov/pls/imis/sicsearch.html e) Total Number of Acres Disturbed Provide the approximate number of acres that the construction site will disturb. Construction activities that disturb less than one acre,unless they are part of a larger common plan that disturbs more than one acre,do not require permit coverage. Construction activities that disturb between one and five acres,unless they are part of a common plan that disturbs more than five acres,do not require submission of an NOI. Therefore,the estimated area of land disturbed should not be less than five,unless the project is part of a larger common plan that disturbs five or more acres. Disturbed means any clearing,grading,excavating,or other similar activities. If you have any questions about this item,please contact the stormwater technical staff by phone at(512)239-4671 or by email at swgp @tceq.texas.gov. f) Common Plan of Development Construction activities that disturb less than five acres do not require submission of an NOI unless they are part of a common plan of development or for sale where the area disturbed is five or more acres.Therefore,the estimated area of land disturbed should not be less than five, unless the project is part of a larger common plan that disturbs five or more acres.Disturbed means any clearing,grading,excavating,or other similar activities. For more information on"What is a common plan of development?"go to: www.tceq.texas.gov/permitting/stormwater/common plan of development steps.html For further information,go to the TCEQ stormwater construction webpage at: www.tceq.texas.gov/goto/construction and search for"Additional Guidance and Quick Links".If TCEQ-20022 Instructions(03/05/2013) Page 8 you have any further questions about this item,please call the stormwater technical staff at (512)239-4671. g) Identify the water body(s)receiving stormwater runoff The stormwater may be discharged directly to a receiving stream or through a MS4 from your site. It eventually reaches a receiving water body such as a local stream or lake,possibly via a drainage ditch.You must provide the name of the water body that receives the discharge from the site(a local stream or lake). If your site has more than one outfall you need to include the name of the first water body for each outfall,if they are different. h) Identify the segment numbers)of the classified water body(s) Identify the classified segment number(s)receiving a discharge directly or indirectly.Go to the following link to find the segment number of the classified water body where stormwater will flow from the site:www.tceq.texas.gov/waterquality/monitoring/viewer.html You may also find the segment number in TCEQ publication GI-316: www.tceq.texas.gov/publications/gi/gi-316 If the discharge is into an unclassified receiving water and then crosses state lines prior to entering a classified segment,select the appropriate watershed: • moo(Canadian River Basin) • 0200(Red River Basin) • 0300(Sulfur River Basin) • 0400(Cypress Creek Basin) • 050o(Sabine River Basin) Call the Water Quality Assessments section at(512)239-4671 for further assistance. i) Discharge into MS4—Identify the MS4 Operator The discharge may initially be into a municipal separate storm sewer system(MS4). If the stormwater discharge is into an MS4,provide the name of the entity that operates the MS4 where the stormwater discharges. An MS4 operator is often a city,town,county,or utility district,but possibly can be another form of government.Please note that the Construction General Permit requires the Operator to supply the MS4 with a copy of the NOI submitted to TCEQ. For assistance,you may call the technical staff at(512)239-4671. j) Surface Water bodies on list of impaired waters—Identify the impaired water body(s) Indicate Yes or No if any surface water bodies receiving discharges from the construction site are on the latest EPA-approved CWA 3o3(d)List of impaired waters. Provide the name(s)of surface water bodies receiving discharges or potential discharges from the construction site that are on the latest EPA-approved CWA 303(d)List of impaired waters.The EPA-approved CWA 3o3(d)List of impaired waters in Texas can be found at: www.tceq.texas.gov/waterquality/assessment/Roy flon.html NOTE: Do not use any"draft"documents. TCEQ-20022 Instructions(03/05/2013) Page 9 k) Discharges to the Edwards Aquifer Recharge Zone and Certification See maps on the TCEQ website to determine if the site is located within the Recharge Zone, Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer at: Www.tceq.texas.gov/field/eapp/viewer.html If the discharge or potential discharge is within the Recharge Zone,Contributing Zone,or Contributing Zone within the Transition Zone of the Edwards Aquifer,a site specific authorization approved by the Executive Director under the Edwards Aquifer Protection Program(30 TAC Chapter 213)is required before construction can begin. The certification must be answered"Yes"for coverage under the Construction General Permit. The TCEQ approved plan must be readily available for TCEQ staff to review at the time that the NOI is submitted. The general permit requires the approved Contributing Zone Plan or Water Pollution Abatement Plan to be included or referenced as a part of the Stormwater Pollution Prevention Plan. For questions regarding the Edwards Aquifer Protection Program,contact the appropriate TCEQ Regional Office.For projects in Hays,Travis and Williamson Counties:Austin Regional Office,12100 Park 35 Circle,Austin,TX 78753,512-339-2929.For Projects in Bexar,Comal, Kinney,Medina and Uvalde Counties:TCEQ San Antonio Regional Office,14250 Judson Rd., San Antonio,TX 78233-4480, 210-490-3096. 5. CERTIFICATIONS Failure to indicate Yes to ALL of the certification items may result in denial of coverage under the general permit. a) Certification of Understanding the Terms and Conditions of Construction General Permit(TXRi50000) Provisional coverage under the Construction General Permit(TXR150000)begins 7 days after the completed paper NOI is postmarked for delivery to the TCEQ. (Electronic applications submitted through ePermits have immediate provisional coverage). You must obtain a copy and read the Construction General Permit before submitting your application.You may view and print the Construction General Permit for which you are seeking coverage at the TCEQ web site: www.tceq.texas.gov/goto/construction b) Certification of Legal Name The full legal name of the applicant as authorized to do business in Texas is required.The name must be provided exactly as filed with the Texas Secretary of State(SOS),or on other legal • documents forming the entity,that is filed in the county where doing business.You may contact the SOS at(512)463 5555,for more information related to filing in Texas. c) Understanding of Notice of Termination A permittee shall terminate coverage under this Construction General Permit through the submittal of a NOT when the operator of the facility changes,final stabilization has been reached,the discharge becomes authorized under an individual permit,or the construction activity never began at this site. d) Certification of Stormwater Pollution Prevention Plan The SWP3 identifies the areas and activities that could produce contaminated runoff at your site and then tells how you will ensure that this contamination is mitigated.For example,in describing your mitigation measures,your site's plan might identify the devices that collect and TCEQ-20022 Instructions(03/05/2013) Page 10 filter stormwater,tell how those devices are to be maintained,and tell how frequently that maintenance is to be carried out.You must develop this plan in accordance with the TCEQ general permit requirements.This plan must be developed and implemented before you complete this NOI.The SWP3 must be available for a TCEQ investigator to review on request. Operator Certification: The certification must bear an original signature of a person meeting the signatory requirements specified under 3o Texas Administrative Code(TAC)§305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code§305.44(a)(1)(see below). According to this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form,you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code§3o5.44(a)(3)(see below). According to this code provision,only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to§305.44(a)(3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing the NOI or similar form,you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at(512)239-060o. 30 Texas Administrative Code §305.44. Signatories to Applications (a) All applications shall be signed as follows. (1) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,a responsible corporate officer means a president, secretary,treasurer,or vice-president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision-making functions for the corporation;or the manager of one or more manufacturing,production,or operating facilities employing more than 25o persons or having gross annual sales or expenditures exceeding$25 million(in second-quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. TCEQ-20022 Instructions(03/05/2013) Page 11 (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. (3) For a municipality,state,federal,or other public agency,the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph,a principal executive officer of a federal agency includes the chief executive officer of the agency,or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.,regional administrator of the EPA). TCEQ-20022 Instructions(03/05/2013) Page 12 Texas Commission on Environmental Quality General Permit Payment Submittal Form lIse this farm to submit your Application Fee only if you are mailing■our pay meat. • Complete items 1 through 5 below: • Staple your check in the space provided at the bottom of this document. • Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI. Mail this form and your check to: BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Texas Commission on Environmental Quality Quality Financial Administration Division Financial Administration Division Cashier's Office, MC-214 Cashier's Office,MC-214 P.O. Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 Fee Code: GPA General Permit: TXR1500o0 1. Check/Money Order No: 2. Amount of Check/Money Order: 3. Date of Check or Money Order: 4. Name on Check or Money Order: 5. NOI INFORMATION If the check is for more than one NOI,list each Project/Site(RE)Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. See Attached List of Sites(If more space is needed,you may attach a list.) Project/Site(RE)Name: Project/Site(RE)Physical Address: Staple Check in This Space TCEQ-20134(04/13/2006) Page Notice of Change (NOC) to an Authorization TCEQ Office Use Only Permit No.: for Stormwater Discharges Associated with RN: jaila Construction Activity under TPDES General CN: TCEQ Permit (TXR150000) *****IMPORTANT***** PLEASE READ THE FOLLOWING INFORMATION AND INSTRUCTIONS BEFORE FILLING OUT THIS FORM. The form will be returned for one of the following reasons: I)the permit number is not provided,invalid,or no longer active, 2) a wet ink signature of person meeting signatory requirements for permittee is not provided. 3)the current permittee is not the applicant,and; 4)a requested change in operator name is not a legal name change. THIS FORM CANNOT BE USED FOR A CHANGE IN OPERATOR. REFER TO YOUR GENERAL PERMIT. What is the Permit Number of the authorization to be changed? TXR15 A. APPLICANT INFORMATION: Search Central Registry at w wI2.tccq.texas.gov/crpub/ 1.Operator(Permittee) a. What is the full Legal Name of the current Operator as on the authorization? b. What is the TCEQ Central Registry Customer Number assigned to this Operator? CN 2.Permitted Site(required) What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? RN B. REQUESTED CHANGE TO PERMITTED INFORMATION What information has changed or needs corrected? (Check one or more of the sections being updated and enter the new information in the corresponding section of this form.) • Operator Legal Name Change with Texas Secretary of State(TX SOS). Go to Section 1 &/or 2 as applicable. (Note: Permits are not transferable. If a change in entity has occurred,this NOC is not attainable.) ❑ Address and contact information for Operator,Billing for Annual Fee,or Discharge Monitoring Report forms. ▪ Site Information(Regulated Entity) (Note: Permits under a general permit are site specific. If a change in site location has occurred,this NOC is not attainable.) O General Characteristics relating to the regulated activity. 1. OPERATOR LEGAL NAME CHANGE a. What is the NEW active Legal Name with TX SOS or on other legal document? New Legal Name: b. What is the TX SOS Filing Number for us to confirm this official name change? (This is only applicable to Limited Partnership or Corporations.) 2. ADDRESS&CONTACT INFORMATION CHANGE a. What mailing address and/or contact information has changed? (check one or more as applicable) Operator for permit correspondence Site(RE)Mailing Address and contact information Billing address/contact for Receiving Annual Fee ❑ Reporting address/contact for Receiving Discharge Monitoring Statement Reports(DMRs) b. If you selected more than one,is the information to be updated the same for each selection? ❑Yes—Provide the updated information in the fields below. ❑No— Attachment 1 of the NOC is attached to this form,to provide the different addresses. ATTN or C/O: Address: I Suite No./Bldg.No./Mail Code: City: I State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: I Fax No.: ( ) I E-Mail: TCEQ-20391 (07/13/2007) Page I 3. REGULATED ENTITY(RE) SITE INFORMATION CORRECTION a. Is this a change to the location of the permitted activity? ['Yes- this requested change will not be processed since the authorizations are site specific. QNo—go to next question. b. New or Corrected Name of Project or Site: c. Updated Physical Address(new 911 address): Street Number: I Street Name: I Bldg/Ste No. City: I ZIP Code: I County(Counties if>1): d. Update or Corrected location access description,if no physical address(Street Number&Street Name): e. Corrected Latitude: N Corrected Longitude: W 4. CHANGE IN CHARACTERISTICS PROVIDED ON ORIGINAL FORM Identify the specific change and provide the updated information. If an attachment is need,please reference it below. C. APPLICATION CONTACT If TCEQ needs additional information regarding this application,who should be contacted? I. Name: Title: Company: 2.Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: D. CERTIFICATION Operator Certification: Typed or printed name(REQUIRED) Title(REQUIRED) 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 there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date:_ (Use blue ink) (REQUIRED) (REQUIRED) TCEQ-20391 (07/13/2007) Page 2 Attachment 1 to a NOC Form for Providing Different Address& Contact Information Related to a Specific Permit under General Permit TXR150000 What is the Permit No.? TXR15 (REQUIRED) ADDITIONAL ADDRESS&CONTACT INFORMATION Fill in the changes as applicable. Incomplete and invalid addresses will not be used. Verify mailing addresses at USPS.com. Operator ATTN or C/O: Address: I Suite No./Bldg.No./Mail Code: City: State: I ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Billing Address for Receiving Annual Fee Statement ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: I State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Site(RE)Mailing Address ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: State: ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) I E-Mail: TCEQ-20391 NOC Attachment 1(07/13/2007) Page 1 Notice of Change (NOC) to an Authorization for Stormwater Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Change(NOC): BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Stormwater Processing Center (MC228) Stormwater Processing Center (MC228) P.O.Box 13087 12100 Park 35 Circle Austin,TX 7871 1-3087 Austin,TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or email swpermitatceq.texas.gov Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases(as available):512/239-DATA (3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Change Process: When your NOC is received by the program,the form will be processed as follows: 1. Administrative Review: The form will be reviewed to ensure the request is from the permittee(operator)on the authorization,the permit is active and initial coverage was acknowledged. Each item on the form will be reviewed for a complete response that qualifies for a NOC.In addition,the operator's legal name change must be verified with Texas Secretary of State(if applicable). The address(s)on the form must be verified with the US Postal service as an address receiving regular mail delivery.Never give an overnight/express mailing address. If an item is incomplete or not verifiable as indicated above,the operator may be notified by letter,phone call or email. In some instances as noted at the beginning of the form,the request may simply be returned. 2. NOC Confirmation: An updated Acknowledgment Certificate will be mailed to the operator only if the NOC is to change information provided on the acknowledgment certificate. The original coverage effective date will not change. General Permit(Your Permit) You may view and print your general permit on the TCEQ web site www.tceq.texas.gov._ Enter the general permit number as the key word in the search box to locate the specific web page. General Permit Forms The Notice of Intent(NOI),Notice of Termination(NOT),and Notice of Change(NOC)with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tceq.texas.g Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOI must be submitted not later than 10 days prior to the change in Operator status. Note that the NOT is effective on the postmarked date.It may be necessary to not terminate the existing permit until coverage by the new entity is confirmed. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. You can find the information on the Central Registry web site at w‘m12.tceq.texas.gov/croub/. You can search by the Regulated Entity(RN),Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled "Additional ID". The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all associated authorizations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area for approval to update the CN and RN data in central registry. TCEQ-20391 NOC Instructions (07/13/2007) Page 1 INSTRUCTIONS FOR FILLING OUT THE NOC FORM A.Applicant Information(Operator) I. Provide the current permittee(s)full legal name as on the permit. b. Provide the TCEQ Issued Customer Number(CN)for the entity. Go to http://wwwl2.tceo.texas.aov/crpub/to locate your CN. If the name(s)provided do not match the current permittee name(s),this form will be returned. It is the responsibility of the permittee(s)to comply with the general permit. Note: If a change is being made to the CN and the CN has other TCEQ authorization types,it is the entity's responsibility to update those authorizations at the same time. If an authorization has been cancelled or terminated,the name can not be changed on the permit. Because of this,a new CN may be issued for the new name. 2. Provide the TCEQ Issued Regulated Entity number assigned for this permitted activity. Go to http://wwwl2.tceq.texas.gov/crpub/ to locate your CN. If the site has changed or the information provided indicates a new location,this form will be returned. It is the responsibility of the(permittees)to compl■ with the general permit. B. REQUESTED CHANGE TO PERMITTED INFORMATION Check one or more of the available options indicating the information in the form that is to be updated. Provide the updated information in Section I for Legal Name Change, Section 2 for Address&Contact Information Change,Section 3 for Regulated Entity Site Information Change,or Section 4 for General Characteristics Change.as applicable. 1.LEGAL NAME CHANGE Provide the new legal name. If the entity is a Limited Partnership or Corporation,the name change must be verifiable with Texas Secretary of State. The TX SOS filing number must be provided to verify only a name change occurred. You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name change. Legal name changes of a Corporation and Limited Partnership will be verified with Texas Secretary of State. If the entity is filed as a new entity with a new filing number,then the change cannot be made through a NOC. The permits are not transferable. If the operator changes.the old entity must terminate their permit and the new entity must submit a form for a new permit. 2.ADDRESS&CONTACT INFORMATION CHANGE Indicate the type of address and contact information that has changed from the original NOI or last NOC submitted to TCEQ. If the address and/or contact information is the same for all types,then check each type and enter the information in the fields on the form. If some types have different information,then use the NOC ATTACHMENT 1. The permit number MUST be written on ATTACHMENT 1 to indicate it is a part of the NOC form for the permit being updated. The updates cannot be made without reference to the submitted NOC form. Mailing Address The address MUST BE verifiable with the US Postal Service at www.usps.com.,for regular mail delivery(not overnight express mail). If you find that the address is not verifiable using the USPS web search,please indicate the address is used by the USPS for regular mail delivery. Failure to provide a valid mailing address will delay or prohibit us from updating the permit. Please note that address updates relating to a general permit authorization can ONLY be made through a Notice of Change. Address changes submitted through any other form can not be processed. 3. REGULATED ENTITY(RE)SITE INFORMATION CORRECTION The NOC form is only for use to update or correct information submitted on the original application or last NOC for the authorization. The authorization under a general permit is site specific. If this change is related to a new location,a Notice of Change is not attainable. Provide the updated site name,updated site addresses,and/or corrected latitude and longitude,as applicable to your NOC request. A new physical address for an existing location is usually the result of a newly assigned 911 address for emergencies. If providing a corrected latitude and longitude,enter the latitude and longitude of the site in either degrees,minutes,and seconds or decimal form.For help obtaining the latitude and longitude,go to: www.tceq.state.tx.us/gis/drgview.html or‘vww.terraserver.microsoft.com/advfind.asp 4.GENERAL CHARACTERISTIC Indicate the change to information originally supplied. For example if the number of acreas of area disturbed has changed.then state:"The number acres of area disturbed has increase to 40 acres." C.Application Contact Provide the name,title and communication information of the person that TCEQ can contact for additional information regarding this application. TCEQ-20391 NOC Instructions (07/13/2007) Page 2 D. CERTIFICATIONS The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code(TAC) §305.44. IF YOU ARE A CORPORATION: The regulation that contro Is who may sign an N 01 or similar form is 30 Texas Administrative Code§305.44(ax 1)(see below). A ccording to this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate pro cedures. B y signing the NOl or si milar form,you are certifying that such authority has been deleg ated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an N OI or similar form is 30 Texas Administrative Code§305.44(aX3)(see below). A ccording to this code provision,only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed b y a governor ent official who is not a rankin g elected official or princip al executive officer d oes not conform to §305.44(aX3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing the NO1 or similar form,you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (I) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,a responsible corporate officer means a pres ident,secretary, treasurer,or v ice-president of the corpor ation in charge of a pr incipal business function,or any other person who performs si milar policy or decisi on-making functions for the corpor ation;or the manager of one or more manufacturin g,production,or operating facili ties employing m ore than 250 persons or having gross annual sales or expend itures exceeding $25 million(in sec ond-quarter 1980 dollars),if authority to sign docu ments has been assigned or de legated to the manager in accordance with corporate procedures. Corporate pro cedures governing authority to sign permit or post-closure order applicati ons may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. (3) For a municipality,state,federal,or other public agency,the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph,a principal executive officer of a federal agency includes the chief executive officer of the agency,or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.,regional administrator of the EPA). TCEQ-20391 NOC Instructions (07/13/2007) Page 3 Notice of Termination (NOT) TCEQ Office Use Only Permit No.: for Authorizations under RN: `/ TPDES General Permit TXR150000 CN: TCEQ Sign up now for on line NOT at https://www6.tceq.texas.gov/steers/ Get your NOT Confirmation letter immediately after submitting the on line NOT form. What is the permit number to be terminated? Processing will be delayed without the permit number. TXR15 A. OPERATOR(applicant) 1. What is the Customer Number(CN)issued to this entity? CN 2. What is the full Legal Name of the current permittee? This must be the current permittee of the permit to be terminated. 3. What is the applicant's mailing address as recognized by the US Postal Service? Address: I Suite No./Bldg.No./Mail Code: City: I State: I ZIP Code: Country Mailing Information(if outside USA). Country Code: Postal Code: 4. Phone No.: ( ) Extension: 5. Fax No.: ( ) E-mail Address: B. REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE 1. What is the TCEQ Issued RE Reference Number(RN)? RN 2. Name of Project or Site as currently permitted): (example:phase and name of subdivision or name of project that's unique to the site) 3. Physical Address of Project or Site as currently permitted: (enter in spaces below) Street Number: I Street Name: City: I ZIP Code: I County(Counties if>1): 4. If no physical address(Street Number&Street Name),provide the written location access description to the site: C. REASON FOR TERMINATION Check the reason for termination: ❑ Final stabilization has been achieved on all portions of the site that are the responsibility of the Operator and all silt fences and other temporary erosion controls have either been removed,or scheduled for removal as defined in the SWP3. ❑Another permitted Operator has assumed control over all areas of the site that have not been finally stabilized,and temporary erosion controls that have been defined in the SWP3 have been transferred to the new Operator. ❑The activity is now authorized under an alternate TPDES permit. El The activity never began at this site that is regulated under the general permit. D.CERTIFIC ATION Typed or printed name Title 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 there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date:_ (Use blue ink) TCEQ-20023(02/06/2007) Page 1 Notice of Termination (NOT) for Authorizations under TPDES General Permit TXR150000 General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent(NOI): BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Stormwater Processing Center(MC228) Stormwater Processing Center(MC228) P.O.Box 13087 12100 Park 35 Circle Austin,TX 7871 1-3087 Austin,TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or swpermit@tceq.texas.gov Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases(as available): 512/239-DATA(3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Termination Process: A Notice of Termination is effective on the date postmarked for delivery to TCEQ. When your NOT is received by the program,the form will be processed as follows: 1. Administrative Review: The form will be reviewed to confirm the following: • the permit number is provided • the permit is active and has been approved • the entity terminating the permit is the current permittee • the site information matches the original permit record • the form has the required original signature with title and date 2. Notice of Deficiency: If an item is incomplete or not verifiable as indicated above,a phone call will be made to the applicant to clear the deficiency. A letter will not be sent to the permittee if unable to process the form. 3. Confirmation of Termination: A Notice of Termination Confirmation letter will be mailed to the operator. General Permit(Your Permit) Coverage under the general permit begins 48 hours after a completed NOI is postmarked for delivery to the TCEQ. You should have a copy of your general permit when submitting your application. You may view and print your permit for which you are seeking coverage,on the TCEQ web site wwww.tceq.texas.gov General Permit Forms The Notice of Intent(N01),Notice of Termination(NOT),and Notice of Change(NOC)with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tcea.texas.¢ov. Change in Operator An authorization under the general permit is not transferable. If the operator or owner of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the change in Operator status. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. After final acknowledgment of coverage under the general permit,the program will assign a Customer Number(CN)and Regulated Entity Number(RN). For Construction Permits,a new RN will be assigned for each Notice of Intent filed with TCEQ,since construction project sites can overlap with other Customers. The RN assigned to your construction project will not be assigned to any other TCEQ authorization. You can fmd the information on the Central Registry web site at wwwl2.tceq.texas.gov/crpub/. You can search by the Regulated Entity(RN),Customer Number(CN)or Name(Permittee),or by your permit number under the search field labeled "Additional ID". Capitalize all letters in the permit number. TCEQ-20023 Instructions(02/06/2007) Page 1 The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all authorzations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area. Annual Water Quality Fee: This fee is assessed to operators with an active authorization under the general permit on September 1 of each year. The operator will receive an invoice for payment of the annual fee in November of each year. The payment will be due 30 days from the invoice date. A 5% penalty will be assessed if the payment is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit is active on September 1. It's important for the operator to submit a Notice of Termination(NOT)when coverage under the general permit is no longer required.A NOT is effective on the postmarked date of mailing the form to TCEQ. It is recommended that the NOT be mailed using a method that documents the date mailed and received by TCEQ. •Mailed Payments: You must return your payment with the billing coupon provided with the billing statement. •ePAY Electronic Payment: Go to www6.tceq.texas.gov/epav/ You must enter your account number provided at the top portion of your billing statement. Payment methods include Mastercard,Visa,and electronic check payment(ACH). A transaction over$500 can only be made by ACH. INSTRUCTIONS FOR FILLING OUT THE NOT FORM A.OPERATOR(current pennittee.) 1.TCEQ Issued Customer Number(CN) 2. Legal Name of Operator The operator must be the same entity as previously submitted on the original Notice of Intent for the permit number provided. 3.Operator Mailing Address Provide a complete mailing address for receiving mail from the TCEQ. Update the address if different than previously submitted in the Notice of Intent or Notice of Change. 4.Phone Number,Fax Number,and E-mail Address Provide updated contact information. B.REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE I.Regulated Entity Reference Number(RN) 2.Site/Project Name/Regulated Entity Provide the name of the site as previously submitted in the Notice of Intent for the permit number provided. 3.Site/Project(RE)Physical Address Provide the physical address or location access description as previously submitted for the permit number provided. C. REASON FOR TERMINATION Indicate the reason for terminating the permit by checking one of the options. If the reason is not listed then provide an attachment that explains the reason for termination. Please read your general permit carefully to determine when to terminate your permit. Permits will not be reactivated after submitting a termination form. The termination is effective on the date postmarked for delivery to TCEQ. D. CERTIFICATIONS The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code(TAC) §305.44. IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code§305.44(a)(1)(see below). According to this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form,you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an N 01 or similar form is 30 Texas Administrative Code§305.44(a)(3)(see below). According to this code provision,only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to TCEQ-20023 Instructions(02/06/2007) Page 2 §305.44(a)(3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing the NOI or similar form,you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (I) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,a responsible corporate officer means a president,secretary,treasurer,or v ice-president of the corpor ation in charge of a principal business function,or any other person who performs similar policy or decision-making functions for the corporation;or the manager of one or more manufacturing,production,or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding$25 million(in second-quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. (3) For a municipality,state,federal,or other public agency,the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph,a principal executive officer of a federal agency includes the chief executive officer of the agency,or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.,regional administrator of the EPA). TCEQ-20023 Instructions(02/06/2007) Page 3 MININOMMOMME MINF /MI i MP AIM TIMM SMALL CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.2. of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites. Additional information regarding the TCEQ stormwater permit program may be found on the intemet at: http://www.tceq.state.tx.us/nav/permits/wu construction.html Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, estimated start date and projected end date, or date that disturbed soils will be stabilized Location of Stormwater Pollution Prevention Plan: For Small Construction Activities Authorized Under Part 1I.E.2. (Obtaining Authorization to Discharge) the following certification must be completed: [ (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.2.of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. mow 711•11•1 N N - I/kWr �r LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality (TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 "SECONDARY OPERA TOR "NOTICE This notice applies to secondary operators of construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/wci construction.html Site-Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location, and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Stormwater Pollution Prevention Plan(SWP3): For Large Construction Activities Authorized Under Part II.E.3. (Obtaining Authorization to Discharge) the following certification must be completed: I _ (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.3.of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements. A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part 11.F.3. ■11111r 711•111=1 NIMM1 "MN= I IMP IBM LARGE CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality(TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 "PRIMARY OPERA TOR"NOTICE This notice applies to construction sites operating under Part II.E.3. of the TPDES General Permit Number TXR150000 for discharges of stormwater runoff from construction sites equal to or greater than five acres, including the larger common plan of development. The information on this notice is required in Part III.D.2. of the general permit. Additional information regarding the TCEQ stormwater permit program may be found on the internet at: http://www.tceq.state.tx.us/nav/permits/wq construction.html Site-Specific TPDES Authorization Number: Operator Name: Contact Name and Phone Number: Project Description: Physical address or description of the site's location,and estimated start date and projected end date, or date that disturbed soils will be stabilized. Location of Stormwater Pollution Prevention Plan: s smor isms MIA 211111 r SMALL CONSTRUCTION SITE NOTICE: LOW POTENTIAL FOR EROSION FOR THE Texas Commission on Environmental Quality(TCEQ) Stormwater Program TPDES GENERAL PERMIT TXR150000 The following information is posted in compliance with Part II.E.1.of the TCEQ General Permit Number TXR150000 for discharges of stormwater runoff from small construction sites automatically authorized based on low rainfall erosivity. Additional information regarding the TCEQ stormwater permit program may be found on the Internet at: http://www.tceq.state.tx.us/nav/permits/wq_construction.html Operator Name: Contact Name and Phone Number: Project Description: (Physical address or description of the site's location, estimated start date and projected end date,or date that disturbed soils will be stabilized) For Small Construction Sites Authorized Under Part II.E.1., the following certification must be completed: (Typed or Printed Name Person Completing This Certification)certify under penalty of law that I have read and understand the eligibility requirements for claiming an automatic authorization based on low rainfall erosivity under Part II.E.1. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county,that period beginning on and ending on . I understand that if construction activities continue past this period, all stormwater runoff must be authorized under a separate provision of the general permit.A copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Date Notice Removed MS4 operator notified per Part ILF.3. CITY OF PEARLAND SITE PREPARATION Section 02200 SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling,clearing and grubbing. B Removal and disposal of waste materials,excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01450—Testing Laboratory Services 4. Section 01500—Temporary Facilities and Controls 5. Section 02255—Bedding, Backfill and Embankment Material 6. Section 02330—Embankment 7. Section 01140—Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item,measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200- 1 of 4 CITY OF PEARLAND SITE PREPARATION 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450—Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back-dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. A Clear Project Site of trees,shrubs,and other vegetation,except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps,roots,and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots,to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material,unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth,and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing,blading,and grading so that prepared area is free of holes,unplanned ditches,abrupt changes in elevations and irregular contours,and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage,except in areas to be immediately excavated 07/2006 02200-2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials, including clay lumps, stones over 2 in. in diameter, weeds,roots, leaves,and debris. 5. Where trees are designated by Owner to be left standing,stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut,remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with"Structural Fill"and open areas not under structures or roadways with"General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330—Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed,so as to cause no damage to the salvaged items and delivered to Owner's storage yard. 07/2006 02200-3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. END OF SECTION 07/2006 02200-4 of 4 Attachment A WUR_LOT Stations CL(Height) Area ft2 Volume cy. 13+00 1.0 39.2 14+00 2.4 190.0 425.6 15+00 3.4 379.7 1,058.0 16+00 4.2 581.2 1,784.7 17+00 4.1 657.5 2,300.7 18+00 4.2 660.9 2,448.6 19+00 4.1 678.8 2,488.3 20+00 4.7 886.3 2,906.9 21+00 5.0 1,005.8 3,514.2 22+00 7.2 1,106.7 3,923.6 23+00 6.5 1,194.4 4,273.9 24+00 5.9 1,131.0 4,319.0 25+00 4.8 1,500.5 4,887.6 26+00 4.6 1,195.1 5,006.7 27+00 4.7 885.5 3,8643 28+00 5.1 973.7 3,453.2 29+00 6.1 851.6 3,390.2 Total 50,045 Attachment A - Proposed - Existing From St 22+00 To St 29+00 a,...utin. .,� S a1 >.a w . Oa i i a.Y y ma xoa was a w. am n. rY 1m ro .a WV .aw2r 2/[21000.0 ./..[ ..; :• ----.---'.. ..'''.7"....MilliiiiillellMICII:21 . . 1 i..: y a Iva ea wa 1100 SW 1117 NW PM Mt MO 0303 a •1Y WO, .162113.1 Q.2.•000 u • •: : 1123 ... t1 �Ma �.. .1 of la la Im 1 1 f 1 al 1 1 l ∎ ref .slam =Gaps . �. w w .Y u rY m:21.mp 1m m as ara a e nn _ 1 ra I : • as no - MN.1.N0.H7 n. w _. ... • ..._.. 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QI:IMO. n I fa na . .:. .. ... ........ .......� _ . 1 1 1 1 1 I l I l 1 l l I t 1 y wmam:a. from 'mm WW1 mm •• AM a. aYe Y !m Mt* Wm Mme IMW WWWW 2.1.1$.03.0 I Iv I ... N l 1 I 1 I t S f 1 afa am.a<m am. _. Ws m. .. .A aa. S. .1 mm mm Mein m. _. MI NUM. Us IS.00.0 • . ......... . nn:[ comae. am. eille ms u.. as ms .. Wm .s. MIa. a Wn W M:.7821 1 I • n..,m. WI m ,. v .m Um wiwmm ti/w 11.000 Attachment A if0.1)0 ; 7.0p i ■ Z•00 Cj 1, Nit 1*\ rite 811 I 01 Air 7 /Hit Jr8, Iii 4WA . if *Ill p, tlfh,644 ov4l A iPILFPW 4 Akt\ 41,4 it v447:111:Affr"4,0 it:"m...ta.,144,z el-k, ini,.. ii\■Ir:...AFoy,- irle-W,3 4r0,*.,:044, / ir"11/4rt'04* It. �r ,, 1 .4...Auve . 30.00 30.44 Attachement B: Site Improvements to C.O.P. Property • Webber proposes to make the following site improvements to property located at 3720 County Road 48, Rosharon, TX 77583: i�` it V ..- ' ter; t"-. . * •, i..„. .1`1,, ',..:,)„. 4t4 : ' . 'A,......,,,,......„.i ., ".."a , 4 6 • .. 0 -•. t. t'�;A u.. - i l'te', Remove and Dispose Miscellaneous RCP—About 30 Pieces ';4'....,,, * % 1.fr,; t 11,,,,, �� et - f r Remove and Dispose Area Inlets—Roughly 25 Pieces S. s ` art _ ,, ,' •tq A�yR{: 1 •may Y,'VI'. ` •"k� " «. s� ?.. -4•F D x• F } i ' - -: :i'Za "4 _ 4 E-'' ' wry ;r.....`t4 _'� �.`•y' . -7 ili }4ri St' .f '. !•♦ w. y�(�1 � rr^7^vt'� � A, ,�;'1'�. Li ce. �'.°; ' ow 1 4 1 6 dhlili r Remove and Dispose Inlet Risers—About 20 Pieces ,.. o ,7 t� • • , v 1 v'- r . 446.),......„. . `i .,,,L4, , / . 1#`'r.F5,U` 'r-^S'..Yr.. S.A. 4447 •.�Y. y - �- ' ' a .*.o ' '"w .,S '; •�<. . . ^ mo� r Remove and Dispose Miscellaneous Tires and Hand Holes Remove and Dispose 2 Piles of Poles and Railroad Ties D Existing Stock Pile of dirt to be Leveled i < 1-:7 ` Remove and Dispose Truck Bed .A ' rj �'� • . ' .pc d fir f ...If , c r_ t-3 itct I ili t 'par(' - M t.• -.4,,. °1i 11. 1 , ` F `r-g.. y ip.-.i > Remove and Dispose of Tractor Trailer AWOR°® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYY) kaa,./--- 6/11/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jennie LaVine NAME: Valenti Trobec Chandler Inc PHONE (248)828-3377 FAx fAIC No FstL fAx.No):(248)828-3741 1175 W. Long Lake, Suite 200 ADDA EMAIESS:j L lavine @vtcins.com INSURER(S)AFFORDING COVERAGE NAIC B Troy MI 48098 INSURER AArch Insurance Company 11150 INSURED INsuRERB:Lexington Insurance Company Webber, LLC IN suRERc:Travelers Lloyds Insurance Co 41262 9303 New Trails Drive INSURER 0: _ Suite 200 INSURERE: The Woodlands TX 77381 _INSURER F: COVERAGES CERTIFICATE NUMBER:Webber, LLC w/IImb REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSR_.1NVD POUCY NUMBER (MMIQBLYYYY) (MMIDD/YYYY) LIMITS GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 500,000 A I CLAIMS-MADE X ,OCCUR 41PKG8888009 3/31/2015 3/31/2016 MED EXP(Any ono Person) $ 10,000 X X,C,U Included PERSONAL SADV INJURY S 1,000,000 X Contractual Liability GENERAL AGGREGATE S 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2,000,000 7 POLICY I.70 0 T n LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Eaaccdenn S 1,000 A X ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED 41PKG8888009 3/31/2015 3/31/2016 BODILY INJURY(Per accident) S ALTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) s Uninsuredlundennsured .S 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 20,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE S 20,000,000 DEO X RETENTIONS 25,000 006761792 3/31/2015 3/31/2016 S A WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY OMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N N E.L.EACH ACCIDENT S 1,000,000 (Mandatory OFFICER/MEMBER EXCLUDED? 41WC18887910 3/31/2015 3/31/2016(Mandatory In NH) EL.DISEASE-EA EMPLOYEE S 1,000,000 II yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT S 1,000,000 - C Contractors Equipment QT6302810N657 3/31/2015 3/31/2016 Leased/RentedEquipment $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE:Leased Land; City of Pearland is additional insured with respects to General Liability and Automobile Liability as required by written contract with regards to leased land located at 3720 County Road 48, Rosharon, TX 77583; Insurer will endeavor to mail 30 days written notice of cancellation to the certificate holder; however, failure to do so will impose no liability of any kind upon the insurer or its agents or representatives. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Drive Pearland, TX 77581 AUTHORIZED REPRESENTATIVE Alan Chandler/V44 --y1 �� .eg. ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--AUTOMATIC STATUS WHEN REQUIRED BY A CONSTRUCTION AGREEMENT WITH YOU-COMPLETED OPERATIONS-PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: Section II—Who is an"Insured"is amended to include as an insured any person or organization for whom you are performing operations when you are specifically required by a written construction contract or agreement with such person or organization to include them as an additional insured on your policy and provide coverage for such additional insured only for liability arising out of: i) your work"at the location designated;or ii) The"products completed operations hazard." Coverage afforded to these additional insured parties will be primary to,and non-contributory with,any other insurance available to that person or organization. All other terrns and conditions of this Policy remain unchanged. Policy Number: 41 PKG8888009 NON Magi Webber, LLC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: nNcr§emcnt E1Tcc11Ye PM 3/31/2015 00 ML0019 00 08 06 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POUCY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement is effective on the inception date of the policy unless another date is indicated below. SECTION II —LIABILITY COVERAGE, 1. WHO IS AN INSURED is amended to include as an insured"the person(s) or organization(s) named in the Schedule below, but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. You are authorized to act for the additional insured named in the Schedule in all matters pertaining to this insurance. SCHEDULE Name and Address of Additional Insured: ANY PERSON OR ORGANIZATION THAT YOU HAVE AGREED IN A WRITTEN CONTRACT, THAT SUCH PERSON OR ORGANIZATION IS AN ADDITIONAL INSURED ON THIS POLICY. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number:41 PKG8888008 Named Insured: Webber,LLC Endorsement Effective Date: 3/31/2014 local Standard Time at the First Named Insured's address. 00 CA0070 00 09 06 Pace 1 of 1 POLICY NUMBER: 41 PKG8888009 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WAIVER OF SUBROGATION APPLIES WHERE REQUIRED BY WRITTEN AGREEMENT WITH OUR NAMED INSURED AS LONG AS THE REQUEST OCCURS PRIOR TO A LOSS. ,Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0405 09 Q Insurance Services Office,Inc.,2008 Page 1 of 1 D AC° CERTIFICATE OF LIABILITY INSURANCE DATE(IIM/DDIYYYY) 6/11/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jennie LaVine NAME: Valenti Trobec Chandler Inc PHHO Ho Ertl- (248)828-3377 I rr No). (248)828-3741 fAIC 1175 W. Long Lake, Suite 200 ADDRE SS; Lavine @vtcins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NA(C Troy MI 48098 INSURER A:Arch Specialty Insurance 21199 INSURED INSURER 8: Webber, LLC INSURERC: 9303 New Trails Drive INSURER D: Suite 200 INSURER E: The Woodlands TX 77381 INSURER F: COVERAGES CERTIFICATE NUMBER:Webber, LLC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDLISUBR POLICY EPF POLICY EXP LTR TYPE OF INSURANCE INSBLWVD POLICY NUMBER JMMIQDIYYYY) (UTADONYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PR 70RtNrt PREMISES(Efl occurrence) $ CLAIMS-MADE I I OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY _ S — GENERAL AGGREGATE_ S GEM.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S GE( I POLICY I—I JILT Floc S AUTOMOBILE LIABILITY CDI,IBINFO SINGLE LIMIT {Ea st,OclenU – ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEOULED AUTOS AUTOS BODILY INJURY(Per eccidenq S — NON-OWNED PROPERTY DAMAGE S HIRED AUTOS �.AUTOS (Per acciCenI) S UMBRELLA LIAR OCCUR EACH OCCURRENCE _ S – EXCESS LIAR CLAIMS-MADE AGGREGATE S _ DED I RETENTION S S WC WORKERS COMPENSATION ITORYT A7U- I T FR AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNEIEEXECUTIVE E L EACH ACCIDENT S OFFICERMEMBER EXCLUDED? N I A (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S A Professional/Pollution CPP0057280-00 7/14/2014 7/14/2015 See the ottocnedlor coverages Liability and bests DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space Is required) RE:Leased Land located at 3720 County Road 48, Rosharon, TX 77583 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland, TX 77581 Alan Chandler/V44 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(2ol cos)01 The ACORD name and logo are registered marks of ACORD Policy Number:CPP0057280-00 Term: 7/14/2014 to 7/1412015 Item 4. Retroactive Date: A. Insuring Agreement A. Contractors Professional Liability: 7/14/2014 B. Insuring Agreement B. Contractors Pollution Liability: NA C. Insuring Agreement C. Protective Indemnity: 7/14/2014 Item 5. Each Insuring Agreement Each Claim Limit of Liability: A. Insuring Agreement A.Contractors Professional Liability: $5,000,000 B. Insuring Agreement B.Contractors Pollution Liability: $5,000,000 C. Insuring Agreement C. Protective Indemnity: $5,000,000 Item 6. Each Insuring Agreement Aggregate Limit of Liability: A. Insuring Agreement A.Contractors Professional Liability: $5,000,000 B. Insuring Agreement B.Contractors Pollution Liability: $5,000,000 C. Insuring Agreement C. Protective Indemnity: $5,000,000 Item 7. Policy Period Aggregate Limit of Liability: $5,000,000 06 CPP0010 44 02 14 ! ) I ! ` i / ) \ ; § - ` � } f { § \ \ / ) � ; - ( | _ , . < , ; § 4 8 | _ - -ID .. § § § § E ) ; ; ; ; ; E ;/ k § \ ! 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