5170-1

Effective August 12, 2003, the Department is required to comply with the Department of Natural Resources, Environmental Protection Division General Permit No. GAR100002 "Authorization To Discharge Under the National Pollutant Discharge Elimination System (NPDES) Storm Water Discharges Associated With Construction Activity". This General Permit authorizes storm water discharges from construction activities of more than one acre of total land area.

The General Permit requires the following:

1. a Notice of Intent (NOI), which includes basic information about the project and receiving waters from storm water discharge from the Construction Project,

2. an ESPCP - Erosion, Sedimentation and Pollution Control Plan,

3. a Certification from the Contractor that he has read and understands the General Permit and

4. a Notice of Termination upon completion of the land disturbing activities and stabilization with vegetation.

A Notice of Intent is required for all projects let to contract by the Department which have land disturbing activities of one acre or more. The NOI and other provisions of the General Permit for non-let County Contracts are the responsibility of the local government, or company performing the work, and are not addressed here. A copy of the NOI form is attached.

1. The Office (including Urban, Road & Airport Design, Bridge, Maintenance, State Aid, Inter-Modal and District Design) generating the Project Plans will be responsible for initiating a NOI for all applicable projects. EPD requires the use of a specific NOI Form for this submission, a copy of which is attached for your information. The following information should be completed on the NOI form by the generating office.
   1. Section I of the NOI (except the Operator information)

   2. Complete Section III and the estimated disturbed acreagem in Section II. The partially completed NOI form should be forwarded along with the other Project Documents to the Office of Contracts Administration for further action.

   3. In addition, the following information shall be included on the Plans or in the Contract for each project:

      (1) An estimate of the total project area.

      (2) An estimate of the expected disturbed area.

      (3) A drainage map showing the following information:

           (a) The location of storm water discharges,
           (b) The name of the receiving waters,
           (c) Drainage flow patterns.

      (4) A note showing that the estimated final coefficient of run-off for the project is between .3 and .9.

   4. The Office of Contracts Administration is to complete Section II, IV, and V of the NOI. Section V "Certification" is to be signed by the State Transportation Office Engineer. He is to place the Chief Engineer's name and State Office Engineer's initials in the space provided.

   5. The completed NOI shall be forwarded by Contracts 14 days prior to the date of the Notice to Proceed to the appropriate EPD District Office.

      Copies of the completed NOI shall also be forwarded to the Office of Construction, District Engineer, and Area Engineer for inclusion into the project records.

   6. The Area Engineer will maintain a copy of the NOI in the project records at the worksite.

   7. The Office of Utilities will be responsible for assuring that the NOI requirements, if applicable, are fulfilled by utility owners working within the limits of a construction project prior to the Contract Notice to Proceed and obtaining a Certificate Statement from each utility owner.

   8. The State Maintenance Engineer will be responsible for fulfilling the NOI requirements, if applicable, on work done by State Maintenance forces.

TERMINATION OF COVERAGE

The Notice of Termination will be submitted when the Area Engineer determines that all land disturbing activity is complete. The termination form must be filled out and sent along to the Construction Office.

The State Maintenance Engineer will be responsible for Notice of Termination on work accomplished by State Forces.

Document History:

• added to Manual of Guidance: 08/10/95
• added to TOPPS: 02/22/96
• revised: 07/12/04
• reviewed: 07/21/06
• reviewed: 02/25/08

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