ULNRC-04960, Transmittal of NPDES Permit Renewal

Transmittal of NPDES Permit Renewal

ML040900259
Person / Time
Site:	Callaway
Issue date:	03/19/2004
From:	Keith Young AmerenUE
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
ULNRC-04960
Download: ML040900259 (14)

Text

Union Electric One Ameren Plaza 1901 Chouteau Avenue PO Box 66149 St. Louis, MIO 63166-6149 314.62122 March 19, 2004 U. S. Nuclear Regulatory Commission Document Control Desk Mail Stop P1-137 Washington, DC 20555-0001 wAmeren ULE Ladies and Gentlemen:

ULNRC-04960 DOCKET NUMBER 50-483 CALLAWAY PLANT NPDES PERMIT RENEWAL Please find enclosed a Storm Water Discharge Permit for construction activities associated with improvements at the firing range for Callaway Plant. The permit became effective on March 5, 2004. This Permit is submitted in accordance with Callaway Plant Operating License NPF-30, Appendix B, Section 3.2.

Very truly yours, e~

Keith D. Young Manager, Regulatory Affairs PMB/mlo Attachment as2 a subsidiary efAmeren Corporation

ULNRC-04960 March 19, 2004 Page 2 cc: U. S. Nuclear Regulatory Commission (Original and I copy)

Attn: Document Control Desk Mail Stop P1-137 Washington, DC 20555-0001 Bruce S. Mallett Regional Administrator U.S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Senior Resident Inspector Callaway Resident Office U.S. Nuclear Regulatory Commission 8201 NRC Road Steedman, MO 65077 Mr. Jack N. Donohew (2 copies)

Licensing Project Manager, Callaway Plant Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop 7E1 Washington, DC 20555-2738 Missouri Public Service Commission Governor Office Building 200 Madion Street PO Box 360 Jefferson City, MO 65102-0360

I is ULNRC-04960 March 19, 2004 Page 3 bcc: G. L. Randolph w/o R. D. Affolter wv/o K. D. Young w/o G. A. Hughes w/a D. E. Shafer (470) w/a (2 copies)

S. L. Gallagher (100) w/o S. L. Klang (NSRB) w/a M. A. Reidmeyer w/a J. E. Ready w/o E210.0001 A160.0761 The following are sent with attachments:

Jennifer Yunk Superintendent, Licensing WCNOC P.O. Box 411 Burlington, KS 66839 Mr. Scott Bauer Regulatory Affairs Palo Verde NGS PO Box 52034 Mail Station 7636 Phoenix, AZ 85072-2034 Mr. Dennis Buschbaum Comanche Peak SES P. 0. Box 1002 Glen Rose, TX 76043 Diane Hooper STARS Projects Manager WCNOC P.O. Box 411 Burlington, KS 66839 Mr. Stan Ketelsen Manager, Regulatory Services PG&E Mail Stop 104/5/536 P.O. Box 56 Avila Beach, CA 93424 Certrec Corporation 4200 South Hulen, Suite 630 Fort Worth, TX 76109 Mr. Scott Head Supervisor, Licensing South Texas Project NOC Mail Code N5014 P.O. Box 289 Wadsworth, TX 77483

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/e STATE OFfI3.SoQUR1.

Bob Holden, Governor

• Stephen M. Mahfood, Director DtEpkIMENT OF NATURAL RESOURCES 5.110 AmerentJgic jway Plant wvw

.dnr.state.mo.us Callaway County

1. MO-R106183 March 5, 2004 Union Electric Company/AmerenUE P.O. Box 66149 MC-602 St. Louis, MO 63166-6149

Dear Permittee:

Pursuant to the Federal Water Pollution Control Act, under the authority granted to the State of Missouri and in compliance with the Missouri Clean Water Law, the department has issued and is enclosing a General State Operating Permit for AmerenUE Callaway Plant.

Please review the requirements of your permit. Monitoring reports that may be required by this permit must be submitted on a periodic basis. Copies of the necessary report forms, if required, are enclosed for your use. Please contact this office if additional forms are needed.

This general permit is both your federal discharge permit and your new state operating permit and replaces all previous state operating permits and letters of approval for the discharges described within. In all future correspondence regarding this permit, please refer to your general permit number as shown on page one of your permit.

If you have questions concerning this permit, please do not hesitate to contact Brant J. Farris by mail at the following address, Missouri Department of Natural Resources, Northeast Regional Office, 1709 Prospect Drive, Macon, Missouri 63552, orby calling 660-385-2129.

Sincerely, NORTHEAST REGIONAL OFFICE G. Irene Crawford Regional Director GIC/bfs

Enclosures:

Missouri State Operating Permit #MO-RI06183; Standard Conditions Part I c: Ms. Pam Handtke, Water Pollution Control Program, Permits Section Integrity and excellence in all we do ffCVtaED PAPER

STATE OF MISSOURI DEPARTMENT OF NATURAL RESOURCES MISSOURI CLEAN WATER COMMISSION MISSOURI STATE OPERATING PERMIT GENERAL PERMIT In compliance with the Missouri Clean Water Law, (Chapter 644 R.S. Mo. as amended, hereinafter, the Law), and the Federal Water Pollution Control Act (Public Law 92-500, 92nd Congress) as amended, Permit No.

MO-R106183 Union Electric Company d.b.a. AmerenUE P.O. Box 66149, MC-602, St. Louis, MO 63166-6149 Owner:

Address:

Continuing Authority:

Address:

Same as above Same as above Facility Name:

Facility Address:

AmerenUE Callaway Plant County Road 448 & County Road 428, Reform, MO 65077 Legal

Description:

NW '/4, NE V/4, SE l4, Sec. 12, T46N, R8W, Callaway County Receiving Stream:

First Classified Stream and ID:

USGS Basin & Sub-watershed No.:

Unnamed tributary to Logan Creek (U)

Logan Creek (C) (00704)

(10300102-280004) is authorized to discharge from the facility described herein, in accordance with the effluent limitations and monitoring requirements as set forth herein:

FACILITY DESCRIPTION All Outfalls Construction or land disturbance activity (e.g., clearing, grubbing, excavating, grading, and other activity that results in the destruction of the root zone).

This permit authorizes only wastewater, including storm waters, discharges under the Missouri Clean WVater Laynd the National Pollutant Discharge Elimination System; it does not apply to other regulated areas. This permit may be appeal din accordance with Section 644.051.6 of the Law.

. A

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VI February 8. 2002 Effective Date March 5. 2004 Issue Date Febnarv 7. 2007 Expiration Date N1O 780-1481 (7.941

Page 2 of 10 Permit No. MO-R106183 APPLICABILITY

1.

This general permit authorizes the discharge of storm water and certain non-storm water discharges from land disturbance sites that disturb one (1) or more acres over the life of the project or which is part of a larger common plan of development or sale that will disturb one or more acres over the life of the project.

This general permit also authorizes the discharge of storm water and certain non-storm water discharges from smaller projects where the department has exercised its discretion to require a permit [10 CSR 20-6.200 (l)(B)].

A Missouri State Operating Permit that specifically identifies the project must be issued before any site vegetation is removed or the site disturbed.

Any site owner/operator subject to these requirements for storm water discharges and who disturbs land prior to permit issuance from MDNR is in violation of both State and Federal laws.

2.

This permit authorizes non-storm water discharges from the following activities provided that these discharges are addressed in the permittee's specific Storm Water Pollution Prevention Plan (SWPPP) required by this general permit:

a.

De-watering activities if there are no contaminants other than sediment present in the discharge,

b.

Flushing water hydrants and potable water lines,

c.

Water only (i.e., without detergents or additives) rinsing of streets and buildings, and,

d.

Site watering to establish vegetation.

3.

This permit does not apply to storm water discharges within 1000 feet of:

a.

Streams identified as a losing stream*,

b.

Streams or lakes listed as an outstanding national or state resource water*,

c.

Reservoirs or lakes used for public drinking water supplies (class LI)*, or

d.

Streams, lakes or reservoirs identified as critical habitat for endangered species.

4.

This permit does not apply to storm water discharges:

a.

Within 100 feet of a permanent stream (class P) or major reservoir (class L2)*, or

b.

Within two stream miles upstream of biocriteria reference locations*.

5.

This permit does not apply to storm water discharges where:

a.

Any of the disturbed area is defined as a wetland (Class W)*, or

b.

The storm water discharges to a sinkhole or other direct conduit to groundwater.

6.

This general permit does not authorize the placement of fill materials in flood plains, the obstruction of stream flow, directing storm waters across private property not owned or operated by the permittee, or changing the channel of a defined drainage course.

This general permit is intended to address only the quality of the storm water runoff and minimize off-site migration of sediments and other water contaminants.

7.

This general permit does not authorize any discharge to waters of the state of sewage, wastewaters, or pollutants such as:

a.

Hazardous substances or petroleum products from an on-site spill or improper handling and disposal practices,

b.

Wash and/or rinse waters from concrete mixing equipment including ready mix concrete trucks unless such discharges are adequately treated and addressed in the Storm Water Pollution Prevention Plan, or

c.

Wastewater generated from air pollution control equipment or the containment of scrubber water in lined ponds, or

d.

Domestic wastewaters, including gray waters.

• Identified or described in 10 CSR 20, Chapter 7. These regulations are available at many libraries and may be purchased from MDNR by calling the Water Pollution Control Program.

Page 3 of 10 Permit No. MO-R106183 APPLICABILITY (continued)

8. MDNR reserves the right to deny coverage under this general permit to applicants for storm water discharges from land disturbance activities at sites that have contaminated soils that will be disturbed by the land disturbance activity or where such materials are brought to the site to use as fill or borrow. Such activities are normally covered by a site specific permit.

9.

If at any time the Missouri Department of Natural Resources determines that the quality of waters of the state may be better protected by requiring the owner/operator of the permitted site to apply for a site specific permit, the department may require any person to obtain a site specific operating permit (10 CSR 20-6.010 (13) and 10 CSR 20-6.200(5)1.

The department may require the permittee to apply for and obtain a site specific or different general permit if:

a.

The permittee is not in compliance with the conditions of this general permit;

b.

The discharge no longer qualifies for this general permit due to changed site conditions and regulations; or

c.

Information becomes available that indicates water quality standards have been or may be violated.

The permittee will be notified in writing of the need to apply for a site specific permit or a different general permit.

When a site specific permit or different general permit is issued to the authorized permittee, the applicability of this general permit to the permittee is automatically terminated upon the effective date of the site specific or different general permit, whichever the case may be.

The permittee shall submit the appropriate Forms to the department to terminate the permit that has been replaced.

10. Any owner/operator authorized by a general permit may request to be excluded from the coverage of the general permit and apply for a site specific permit (10 CSR 20-6.010 (13) and 10 CSR 20-6.200(5)].

11. This permit is not transferable to other owners or operators unless all of the conditions listed in the "Transfer of Ownership" section are met.

EXEMPTIONS FROM PERMIT REQUIREMENTS

1.

Facilities that discharge all storm water runoff directly to a combined sewer system are exempt from storm water permit requirements.

2.

Linear, strip or ribbon construction, or maintenance operations as identified in 10 CSR 20-6.200 (1)(B), where water quality standards are not exceeded.

3.

Sites that disturb less than one acre of total land area that are not part of a common plan or sale and that do not cause any-violations of water quality standards and are not otherwise designated by the department as requiring a permit.

4.

Agricultural storm water discharges and irrigation return flows.

For purposes of this permit, land disturbance activities from Animal Feeding Operations (AFO) are not considered an agricultural activity and therefore not included in this exemption.

Page 4 of 10 Permit No. MO-R106183 REQUIREMENTS AND GUIDELINES Note: These requirements do not supersede nor remove liability for compliance with county and other local ordinances.

1.

The discharge of storm water from these facilities shall not cause a violation of the state water quality standards, 10 CSR 20-7.031, which states, in part, that no water contaminant, by itsel-f or in combination with other substances, shall prevent the waters of the state from meeting the following conditions:

a.

Waters shall be free from substances in sufficient amounts to cause the formation of putrescent, unsightly or harmful bottom deposits or prevent full maintenance of beneficial uses;

b.

Waters shall be free from oil, scum and floating debris in sufficient amounts to be unsightly or prevent full maintenance of beneficial uses;

c.

Waters shall be free from substances in sufficient amounts to cause unsightly color or turbidity, offensive odor or prevent full maintenance of beneficial uses;

d.

Waters shall be free from substances or conditions in sufficient amounts to have a harmful effect on human, animal or aquatic life.

e.

There shall be no significant human health hazard from incidental contact with the water;

f.

There shall be no acute toxicity to livestock or wildlife watering;

g.

Waters shall be free from physical, chemical or hydrologic changes that would impair the natural biological community;

h.

Waters shall be free from used tires, car bodies, appliances, demolition debris, used vehicles, or equipment and solid waste as defined in Missouri's Solid Waste Law, Section 260.200, RSMo, except as the use of such materials is specifically permitted pursuant to Section 260.200-260.247.

2.

Good housekeeping practices shall be maintained on the site to keep solid waste from entry into waters of the state.

3.

All fueling facilities present on the site shall adhere to applicable federal and state regulations concerning underground storage, above ground storage, and dispensers, including spill prevention, control and counter measures.

4.

Substances regulated by federal law under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that are transported, stored, or used for maintenance, cleaning or repair shall be managed according to the provisions of RCRA and CERCLA.

S.

An individual shall be designated by the permittee as responsible for environmental matters.

Staff of the permitted facility shall inspect any structures that function to prevent pollution of storm water or to remove pollutants from storm water and of the facility in general to ensure that any Best Management Practices are continually implemented and effective.

6.

All paint, solvents, petroleum products and petroleum waste products (except fuels),

and storage containers (such as drums, cans, or cartons) shall be stored so that these materials are not exposed to storm water.

Sufficient practices of spill prevention, control, and/or management shall be provided to prevent any spills of these pollutants from entering a water of the state. Any containment system used to implement this requirement shall be constructed of materials compatible with the substances contained and shall also prevent the contamination of groundwater.

Page 5 of 10 Permit No. MO-R106183 REQUIREMENTS AND GUIDELINES (continued)

7.

The primary requirement of this permit'is the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that

a.

Incorporates required practices identified below,

b.

Incorporates erosion control practices specific to site conditions, and

c.

Provides for maintenance and adherence to the plan.

For new applicants, before removing any site vegetation, disturbing earth, or submitting an application, the permittee shall develop a SWPPP that is specific to the land disturbance activities at the site.

This plan must be developed before a permit can be issued and made available as specified under RECORDS. However, the plan should not be submitted to the department unless specifically requested.

The permittee shall fully implement the provisions of the SWPPP required under this part as a condition of this general permit throughout the term of the land disturbance project.

The purpose of the SWPPP is to ensure the design, implementation, management, and maintenance of Best Management Practices (BMPs) in order to reduce the amount of sediment and other pollutants in storm water discharges associated with the land disturbance activities; comply with the Missouri Water Quality Standards; and ensure compliance with the terms and conditions of this general permit.

The permittee shall select, install, use, operate, and maintain the BMPs in accordance with the concepts and methods described in the following documents:

a.

Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, (Document number EPA 832-R-92-005).

published by the United States Environmental Protection Agency (USEPA) in 1992.

This manual is available at The USEPA internet site:

http://cfpubl.epa.gov/npdes/pubs.cfm?program id=0 (searching under Publications/Policy and Guidance Documents).

b.

Protecting Water Quality: A field guide to erosion, sediment and storm water best management practices for development sites in Missouri, published by the Missouri Department of Natural Resources in November 1995.

The permittee is not limited to the use of these guidance manuals.

Other commonly accepted publications may be used for guidance and must be referenced in the SWPPP if used.

In addition, the permittee is not limited to the use of BMP identified in these manuals.

However, any alternative BMPs should be justified by site conditions and described in the SWPPP.

8.

SWPPP Requirements: The following information and practices shall be provided for in the SWPPP.

a.

Site

Description:

In order to identify the site, the SWPPP shall include the facility and outfall information provided in the Application Form.

The SWPPP shall have sufficient information to be of practical use to contractors and site construction workers to guide the installation and maintenance of BMPs.

b.

Drainage areas: The following guidelines are for protection of drainage areas and shall be addressed in the SWPPP.

i.

Clearing and grubbing within 50 feet of a defined drainage course should be avoided.

ii.

Where changes to defined drainage courses occur as part of the project, clearing and grubbing within 50 feet of the defined drainage course should be delayed until all materials and equipment necessary to protect and complete the drainage change are on site.

iii.

Changes to defined drainage courses shall be completed as quickly as possible once the work has been initiated. The area impacted by the land disturbance of the drainage course change is to be revegetated or protected from erosion as soon as possible. Areas within 50 feet of defined drainage Ways should be recontoured as needed and revegetated, seeded, or otherwise protected within five (5) working days after grading has ceased.

Page 6 of 10 Permit No. MO-Rl06183 REQUIREMENTS AND GUIDELINES (continued)

8.

SWPPP Requirements (continued)

b.

Drainage areas (continued) iv.

Work in defined drainages or water courses may require a permit from the U.S. Army Corps of Engineers pursuant to Section 404 of the federal Clean Water Act.

c.

Description of Best Management Practices: The SWPPP shall include a description of the BMPs that will be used at the site.

The SWPPP shall provide the following general information for each BMP which will be used one or more times at the site:

i.

Physical description of the BMP, ii.

Site and physical conditions that must be met for effective use of the BMP, iii.

BMP installation/construction procedures, including typical drawings, and iv.

Operation and maintenance procedures for the BMP.

The SWPPP shall provide the following information for each specific instance where a BMP is to be installed:

i.

Whether the BMP is temporary or permanent, ii.

Where, in relation to other site features, the BMP is to be located, iii.

When the BMP will be installed in relation to each phase of the land disturbance procedures to complete the project, and iv.

What site conditions must be met before removal of the BMP if the BMP is not a permanent BMP.

d. Disturbed Areas: Slopes for disturbed areas must be defined in the SWPPP.

Where soil disturbing activities cease in an area for more than 14 days, the disturbed areas shall be protected from erosion by stabilizing the area with mulch or other similarly effective erosion control BMPs.

If the slope of the area is greater than 3:1 or if the slope is greater than 3% and greater than 150 feet in length, then the disturbed areas shall be protected from erosion by stabilizing the area with mulch or other similarly effective erosion control BMPs if activities cease for more than seven days. These requirements do not apply to the slopes of a sedimentation basin or the areas that clearly drain thereto.

e. Installation: The permittee shall ensure the BMPs are properly installed at the locations and relative times specified in the SWPPP.

Peripheral or border BMPs to control runoff from disturbed areas shall be installed or marked for preservation before general site clearing is started.

Storm water discharges from disturbed areas, which leave the site, shall pass through an appropriate impediment to sediment movement, such as a sedimentation basin, sediment traps, silt fences, etc. prior to leaving the land disturbance site.

Bench marks shall be referenced for proper installation and operation and maintenance of drainage course changes.

f.

Temporary and Permanent Non-Structural BMPs: The SWPPP shall require existing vegetation to be preserved where practical.

The time period for disturbed areas to be without vegetative cover is to be minimized to the extent practical.

Examples of non-structural BMPs which the permittee should consider specifying in the SWPPP include: preservation of trees and mature vegetation, protection of existing vegetation for use as buffer strips (especially along drainage courses),

mulching, sodding, temporary seeding, final seeding, geotextiles, stabilization of disturbed areas, preserving existing stream channels as overflow areas when channel straightening or shortening is allowed, soil stabilizing emulsions and tackifiers, mulch tackifiers, stabilized site entrances/exits, and other appropriate BMPs.

Page 7 of 10 Permit No. MO-Rl06183 REQUIREMENTS AND GUIDELINES (continued)

8.

SWPPP Requirements (continued)

g.

Temporary and Permanent Structural BMPs: Examples of structural BMPs that the permittee should consider specifying in the SWPPP include: diverting flows from undisturbed areas away from disturbed areas, silt (filter fabric or straw bale) fences, earthen diversion dikes, drainage swales, sediment traps, rock check dams, subsurface drains (to gather or transport water for surface discharge elsewhere),

pipe slope drains (to carry concentrated flow down a slope face), level spreaders (to distribute concentrated flow into sheet flow), storm drain inlet protection and outlet protection, reinforced soil retaining systems, gabions, temporary or permanent sediment basins, and other appropriate BMPs.

h.

Sedimentation Basins: The SWPPP shall require a sedimentation basin for each drainage area with 10 or more acres disturbed at one time.

The sediment basin shall be sized to contain 0.5 inch of sediment from the drainage area and to be able to contain a 2-year, 24-hour storm.

The sediment shall be cleaned out of the basin and otherwise maintained as needed until the drainage area is stabilized.

This requirement does not apply to flows from areas where such flows are properly diverted around both the disturbed areas and the sediment basin.

Discharges from the basin shall not cause scouring of the banks or bottom of the receiving stream.

Where use of a sediment basin of this size is impractical, the SWPPP shall evaluate and specify other similarly effective BMPs to be employed to control erosion and sediment delivery.

The SWPPP shall require the basin be maintained until final stabilization of the area served by the basin.

The SWPPP shall require both temporary and permanent sedimentation basins to have a stabilized spillway to minimize the potential for erosion of the spillway or basin embankment.

i.

Additional Site Management BMPs: The SWPPP shall address other BMPs, as required by site activities, to prevent contamination of storm water runoff.

Such BMPs include:

i.

Solid and hazardous waste management including: providing trash containers and regular site clean up for proper disposal of solid waste such as scrap building material, product/material shipping waste, food containers, and cups; and providing containers and proper disposal of waste paints, solvents, and cleaning compounds, etc.;

ii. Provision of portable toilets for proper disposal of sanitary sewage; iii. Storage of construction materials away from drainage courses and low areas; and iv. Installation of containment berms and use of drip pans at petroleum product and liquid storage tanks and containers.

j.

Permanent Storm Water Management: The SWPPP shall include a description of the measures that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed.

These could include drainage channels or systems; outlet control devices, detention basins, oil water separators, catch basins, etc.

This general permit does not require the permittee or the permittee's contractors to operate or maintain these measures beyond the date of MDNR's Letter of Termination.

9.

Amending/Updating the SWPPP: The permittee shall amend and update the SWPPP as appropriate during the term of the land disturbance activity.

The permittee shall amend the SWPPP, at a minimum, whenever the:

a.

Design, operation, or maintenance of BMPs is changed;

b.

Design of the construction project is changed that could significantly affect the quality of the storm water discharges;

c.

Permittee's inspections indicate deficiencies in the SWPPP or any BMP;

d.

MDNR notifies the permittee of deficiencies in the SWPPP;

e.

SWPPP is determined to be ineffective in significantly minimizing or controlling erosion and sedimentation (e.g., there is visual evidence, such as excessive site erosion or excessive sediment deposits in streams or lakes);

f.

Total Settleable Solids from a storm water outfall exceed 2.5 ml/L/hr.; or

g.

MDNR determines violations of Water Quality Standards may occur or have occurred.

Page 8 of 10 Permit No. MO-Rl06183 REQUIREMENTS AND GUIDELINES (continued)

10. Site Inspections Reports: The permittee shall ensure the land disturbance site is inspected on a regular schedule and within a reasonable time period (not to exceed 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />) following heavy rains.

Regularly scheduled inspections shall be at a minimum once per week.

For disturbed areas that have not been finally stabilized, all installed BMPs and other pollution control measures shall be inspected for proper installation, operation and maintenance.

Locations where storm water leaves the site shall be inspected for evidence of erosion or sediment deposition.

Any deficiencies shall be noted in a weekly report of the inspection(s) and corrected within seven calendar days of the inspection report.

The permittee shall promptly notify the site contractors responsible for operation and maintenance of BMPs of deficiencies.

A log of each inspection shall be kept.

The inspection report is to include the following minimum information: inspector's name, date of inspection, observations relative to the effectiveness of the BMPs, actions taken or necessary to correct deficiencies, and listing of areas where land disturbance operations have permanently or temporarily stopped.

The inspection report shall be signed by the permittee or by the person performing the inspection if duly authorized to do so.

11. Proper Operation and Maintenance: The permittee shall at all times maintain all pollution control measures and systems in good order to achieve compliance with the terms of this general permit.

The need to halt or reduce the permitted activity in order to maintain compliance with general permit conditions shall not be a defense to the permittee in an enforcement action.

12. Notification to All Contractors: The permittee shall notify each contractor or entity (including utility crews and city employees or their agents) who will perform work at the site of the existence of the SWPPP and what action or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP.

If additional land is disturbed or any BMP damaged, then the permittee shall cause to have the disturbance or damage repaired.

OTHER DISCHARGES

1.

Hazardous Substance and Oil Spill Reporting: Refer to Section B, 414 of Part I of the Standard Conditions that accompany this permit.

2.

Removed substances: Refer to Section B, #6 of Part I of the Standard Conditions that accompany this permit.

3.

Change in discharge: In the event soil contamination or hazardous substances are discovered at the site during land disturbance activities, the permittee shall notify MDNR in writing.

SAMPLING REQUIREMENTS AND EFFLUENT LIMITATIONS

1.

Discharges shall not violate General Water Quality Standards 10 CSR 20-7.031(3).

Settleable Solids shall not exceed a maximum of 2.5 ml/L/hr. for each storm water outfall.

2.

There are no regular sampling requirements in this permit.

However, the department may require sampling and reporting as a result of illegal discharges, compliance issues, complaint investigations, or other such evidence of off-site contamination from activities at the site.

If such an action is needed, the department will specify in writing any additional sampling requirements, including such information as location, extent, and parameters.

Page 9 of 10 Permit No. MO-Rl06183 RECORDS

1.

The permittee shall retain copies of this general permit, the SWPPP and all amendments for the site named in the State Operating Permit, results of any monitoring and analysis, and all site inspection records required by this general permit.

The permittee shall retain these records at a site which is readily available from the permitted site until final stabilization of a site is achieved. The local office of the permittee, their contractor or consultant is considered to be readily available from the project site if it is located in the same county as the project site.

The records shall be accessible during normal business hours.

After final stabilization the records may be maintained at the location of the permittee's main office.

The records shall be retained for a period of at least three years from the date of the Letter of Termination.

2.

The permittee shall provide a copy of the SWPPP to MDNR, USEPA, or any local agency or government representative if they request a copy in the performance of their official duties.

3.

The permittee shall provide those who are responsible for installation, operation, or maintenance of any BMP a copy of the SWPPP.

4.

The permittee, their representative, and/or the contractor(s) responsible for installation, operation, and maintenance of the BMPs shall have a current copy of the SWPPP with them when on the project site.

TRANSFER OF OWNERSHIP

1.

Individual Lot or Lots: Federal and Missouri storm water regulations (10 CSR 20-6.200) require a storm water permit and erosion control for one acre or more disturbed as part of a common plan or sale.

When individual lots (commercial, industrial, or residential) are sold to an entity for construction (unless sold to an individual for purposes of building their own private residence) are also subject to storm water regulations because they are part of the common sale.

The existing permittee who intends to transfer ownership of a lot or parcel of the overall permitted area is still responsible for the terms of this permit and erosion control on that site unless the new owner applies for and receives a separate Missouri State Operating Permit for storm water discharges from land disturbance activities.

If the current permittee is to retain the permit and responsibility for control of sediment and other pollutants at the site, then the owner should obtain a copy of an Individual Lot Certification (ILC) from the lot owner(s).

The ILC should be properly completed and signed and retained with the SWPPP.

2.

Entire Tract: If the entire tract is sold to a single entity, then this permit shall be terminated and the new owner shall submit an application for a new permit immediately.

TERMINATION This permit may be terminated when the project is stabilized.

The project is considered to be stabilized when either perennial vegetation, pavement, buildings, or structures using permanent materials cover all areas that have been disturbed. With respect to areas that have been vegetated, vegetative cover shall be at least 70% of fully established plant density over 100% of the disturbed area.

In order to terminate the permit, the permittee shall notify MDNR by submitting Form H, included with the State Operating Permit. The permittee shall complete Form H and mail it to MDNR at the address noted in the cover letter of this permit.

This general permit will expire five years from the effective date of the permit (see page 1).

The issue date is the date the State Operating Permit is issued to the applicant.

The expiration date may or may not coincide with the date the authorized project or development is scheduled for completion.

Page 10 of 10 Permit No. MO-R106183 TERMINATION (continued)

If the project or development completion date will be after the expiration date of this general permit, then the permittee must reapply to the department for the permit to be re-issued.

The permittee will receive notification of the expiration date of the permit before the expiration date listed on page 1 of this permit.

In order for the permit to be re-issued, the permittee should submit the appropriate application form(s) at least 180 days before the expiration of the permit if land disturbance activity is expected to continue past the expiration date of this general permit.

If the permittee does not apply for the renewal of this permit, this permit will automatically terminate on the expiration date.

Continued discharges from a site that has not been fully stabilized are prohibited beyond the expiration date; unless the permit is reissued or the permittee has filed a timely application for the reissuance of this permit.

DUTY TO COMPLY The permittee shall comply with all conditions of this general permit. Any noncompliance with this general permit constitutes a violation of Chapter 644, Missouri Clean Water Law, and 10 CSR 20-6.200.

Noncompliance may result in enforcement action, termination of this authorization, or denial of the permittee's request for renewal.

MAILING ADDRESS The permittee shall send all written correspondence and forms, which are to be submitted to MDNR to the address listed in the cover letter that accompanies this permit.