Download May 21, 1997 - Northampton County Conservation District

Northampton County Conservation District
Greystone Building - 14 Gracedale Avenue - Nazareth, Pennsylvania 18064-9211
Phone: (610) 746-1971 - Fax: (610) 746-1980 - Email: [email protected]
TIPS for NPDES Permit Applications
The NOI application and associated checklist dated 11/2010 should be used for all NPDES permit
applications. The form is posted on the District’s webpage in the Plan Designer’s Corner:
www.northamptoncd.org, and is listed on DEP’s website as DEP Document # 3930-PM-WM0035.
Please do not bind NPDES Applications
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Application Checklist: (3 complete copies required.)
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Location of items should be provided where indicated on the checklist, locations should
not be changed. All items listed on the checklist should be found in every application
unless otherwise authorized by PA DEP – N/A is typically not acceptable.
Accurate and specific location page numbers should be provided for all sections; if
appendices are used in the narratives, the specific page number within the appendix
should be provided on the Application Checklist if more than one item is located within
the appendix.
Please number the pages of the E&S and PCSM narratives, including Appendices, in
order to provide accurate page number locations on the checklist.
Only the first page number where the information is found is required to be provided on
the Application Checklist.
Erosion & Sedimentation (E&S) and Post Construction Stormwater Management
(PCSM) Information should be submitted SEPARATELY, i.e. separate narratives,
separate drawings, etc.
Items 2a.iv (General) and 3a.iv (Individual) are referencing the location of the
supporting peak flow calculations for the proposed channels (as these are the only BMPs
that are designed based on peak flow for E&S) (i.e. worksheet 18, etc.). Stormwater
information should be provided in the PCSM Narrative.
Items 2a.v (General) and 3a.v (Individual) are referencing the location of the supporting
calculations associated with the analysis of the existing conditions downstream of the
discharge points of the site. (re: pg. 3 of the PA DEP 2012 E&S Manual). This analysis
is different from stormwater design calculations, showing only a decrease in rate/volume
of the discharge is not acceptable, as erosion may still be possible if downstream
conditions are not able to withstand the force of the concentrated flow(s), etc.
Items 2a.vi.F & G (General) and 3a.vi F & G (Individual) - only E&S BMPs should be
listed here.
Items 2b.xiii-xv (General) and 3b xiii-xv (Individual) - reference Standard Notes located
in Appendix C of the 2012 PA DEP E&S Manual.
Item 3 (General) /4 (Individual) - NPDES Permit filing fee should be made payable to
NCCD-Clean Water Fund
Item 4(General) /5(Individual) - Disturbed acre fee should be a SEPARATE check and
should be made payable to Commonwealth of Pennsylvania-Clean Water Fund. For
purposes of calculating the fee, the disturbed acreage as provided on the NOI should be
rounded to the nearest whole number (i.e. 2.4 acres = 2 acres = $200; 2.5 acres = 3 acres
= $300.) Be sure the proposed disturbed area/Limit of Disturbance is practical and field
definable; additional fees will apply if acreage increases during technical review.
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Item 5 (General) /6(Individual) - County government notification - original certified
letter should be sent to Lehigh Valley Planning Commission, only a copy should be sent
to Northampton County Government Center. Be sure that all associated municipalities
are notified no matter how much of the project is located within the municipality.
Item 5(General) /6(Individual) - Please note the sample notification letter provided with
the NOI, the previous letter format is inadequate and will not be accepted. 3 copies of
the letters sent are required to be submitted for a complete application.
Item 6(General) /7(Individual) - An NPDES application should not be submitted until
after the 30-day comment period has expired or the response forms are returned. Proof
of receipt to support the expiration of the 30-day comment period is required or 3 copies
of the response forms should be provided for a complete application.
Item 7(General) /9(Individual) - PNHP (PNDI) –
 Project area analyzed MUST be equal to or larger than the Project area/NPDES
permit boundary, a smaller area will not be acceptable.
 A linear search is only acceptable for exclusively linear projects.
 A point search is not acceptable for an NPDES permit application as it
represents an area less than 1 acre.
 3 copies of all resolution letters from the applicable jurisdictional agencies
should be provided with the original permit application. Letter should
correspond to the PNDI receipt submitted.
Item 8(General) /10(Individual) - The PCSM plan drawing & narrative should be titled
as such and E&S information should be provided separate from PCSM material. (NOTE:
it is typical for some information to be provided in both plans)
Stormwater worksheets should be provided in the PCSM Narrative (per the application
checklist items 8b (General) and 10b (Individual), (if you provided them in the narrative
you do not need to provide them separately as well). Stormwater worksheets 1-5 are
required for all applications including Renewal Applications.
Item 8a.vii(General) /10a.vii(Individual) - Infiltration/Geotechnical report is required if
any infiltration BMP is proposed, please reference PA DEP Stormwater BMP Manual or
contact PA DEP NERO at 570-826-2511 with questions.
Item 8b.ii-v(General) /10b.ii-v (Individual) - Worksheet 10 should be completed to
support CG-1 design; 3 copies should be provided. [NOTE: If Worksheet 10
requirements cannot be met or CG-1 is not being used, worksheets 11, 12, & 13 should
be completed and 3 copies should be provided.] (reference Flow Chart D in DEP PA
Stormwater BMP Manual)
Item 8b.ii(General) /10b.ii (Individual) - Worksheet 10: 4 total credits are required; 2
credits are granted for each primary BMP proposed, 1 credit is granted for each
secondary BMP proposed. Be sure that if you check off the BMP on Worksheet 10/11
that the BMP is actually being proposed on the PCSM plan and is also checked off on the
BMP checklist in Section C.5 of the NOI.
Item 8b.v(General) /10b.v (Individual) - A worksheet 13 (if not meeting CG-1) should
be provided for each PCSM WQ BMP proposed.
Item 8c(General) /10c(Individual) - The NPDES boundary and Limit of Disturbance
should be provided on the PCSM plan drawing to support info provided on the NOI.
Item 8(General) /10.c.ii (Individual) – Complete construction details and notes for the
all the proposed PCSM BMPs should be provided on the PCSM drawing (re: NOI
Section C.5 and DEP PA Stormwater BMP Manual)
Item 8(General) /10.c.i i(Individual) – The location of all the proposed PCSM BMPs
should be clearly provided on the PCSM drawing (re: NOI Section C.5) It is
recommended to label the PCSM BMPs in PCSM drawing plan view by the associated
number per PA Stormwater BMP Manual, Worksheets 3, 5, 10/11, etc.
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Item 8(General) /10d (Individual) – Operation and Maintenance procedures should be
provided for all proposed PCSM BMP (re: NOI Section C.5 and DEP PA Stormwater
BMP Manual)
Item 8(General) /10d.i (Individual) – The applicant or entity responsible for operation
and maintenance of the PCSM BMPs should be specifically named on the PCSM plan
drawing; stating ‘property owner’ is not acceptable for commercial projects.
Item 8(General) /10f (Individual) – The critical stages for the implementation of the
PCSM plan should be consistent with NOI and should be provided on the PCSM plan
drawing. At a minimum, all structural PCSM BMPs proposed should be included.
Item 9(General) /11(Individual) - 3 copies of the Act 167 and/or Municipal stormwater
ordinance letters of consistency are required prior to permit issuance. It is best to provide
the letters with the original application as they aid in DEP’s review of the PCSM plan for
individual permits, as well as provide for a more complete plan for NPDES admin. and
E&S Technical reviews. Act 167 consistency letters are required for those projects
claiming that the PCSM plan meets an Act 167 plan approved on or after January 2005
(re: ‘A’ in NOI Section C, pg 4)
Item 12(General) /13(Individual) - This portion of the Application Checklist can also be
used to provide a complete submission for minor modifications to existing NPDES
permits – provide information within the PCSM Narrative revision/addendum.
Item 1 - Notice of Intent (NOI): (3 total – 1 original, 2 copies)
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If you are directly or indirectly affecting a wetland on-site or near the site, you should
research to see if the wetland is considered an Exceptional Value (EV) Wetland per
Chapter 105. If the wetland is considered EV, an Individual NPDES permit is required;
PA DEP NERO should be contacted prior to application submission to ensure protective
design measures are taken, etc. A pre-submittal meeting is highly recommended.
A pre-application meeting is recommended for projects proposing a modification to an
existing permit to determine the type of modification required. (re: NOI instructions)
Section A – The employer ID (EIN) number should be provided on page 1 and should be
consistent with the GIF form.
Section A – If a co-applicant is listed in this section, they must also complete Section H.
Section B.1 – The Project Name should be consistent with the project name on the GIF,
E&S and PCSM plans and the NCCD Application.
Section B.2 – The Total Project Area should be consistent throughout the application,
i.e. should be equal to the Total Project Acreage on the NCCD application, the NPDES
boundary on the plan drawings, Total Area/Site Area on the stormwater worksheets, etc.
Section B.3 – The Total Disturbed Area should be consistent throughout the application,
i.e. should be equal to the Disturbed Acres on the NCCD application, the Limit of
Disturbance on the plan drawings, etc.
Section B.5 – The project’s physical address should be provided if it is available, (try
referencing www.ncpub.org to find address)
Section B.7 – The Latitude and Longitude should be taken from the center of the project
area; should be within 15 seconds from the center of the project area (recommended to
use the coordinates provided on the PNDI receipt).
Section B.9 – The existing and previous land use descriptions should always be
provided; if agriculture is selected, the type of agriculture should be provided in the
description; previous land use should address at least 50 years past (if potential
contaminants are known to exist or have existed prior to 50 years, it should be noted);
existing land use should address from 5 years past to current.
Section B.10a –Site analysis should be consistent with Stormwater worksheets 2 & 3.
Section B.10b – example: sinkholes present/potential on site, etc.
Section B.13 – The estimated time table should only be completed for Phased Projects.
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Section B.14 – Be sure to check the most updated version of Chapter 93 for the complete
classification. Also reference NCCD website.
Section B.14 – eMapPA is recommended to determine the Impaired status of the
receiving watercourse/if the watercourse is attaining its designated use http://www.emappa.dep.state.pa.us/emappa/viewer.htm. Reference NCCD website for
instructions.
Section B.14 – Be sure this section is consistent with Section C.2
Section C – complete and separate NOI Section C(s) and Stormwater Worksheets (1-5,
10, etc.) should be submitted if the project involves multiple watersheds (multiple small
tributaries to the same stream also require separate section C(s) and Worksheets).
Section C.2 –
 The Act 167 plan name and date adopted should be provided on pg. 3. The date
adopted should be consistent with the plan referenced in the consistency letter.
 The Municipal Stormwater Ordinance name and number should be provided on
pg. 4.
 If the Act 167 plan for which the project was reviewed predates 2005, CG-1
should be used to design the PCSM plan.
 If the “Alternate design method” is checked on pg. 4, an explanation should be
provided and will be subject to review by DEP for both General and Individual
Permit applications. NOTE: The alternative method used must be more
protective than 102.8(g)(2) ~ CG-1.
Section C.3.B – The specific waiver requested should be listed here (re: Chapter
102.14(d)(2).) Also reference “Applicant’s checklist for riparian buffer requirements”
PDF for riparian buffer waiver request requirements (PDF available on NCCD website).
All outlined information should be provided for a complete NPDES permit application
(i.e. alternative analysis, location of riparian buffer impacted, etc.). Buffer waiver
requests are reviewed/granted/denied by the PA DEP Riparian Buffer Waiver
Committee, which meet on an as needed basis. Contact PA DEP NERO for guidance.
Section C.3.C – Note if a voluntary buffer is proposed, it must meet the requirements for
a Riparian Forested Buffer. Re: DEP Doc# 394-5600-001: Riparian Forest Buffer
Guidance – link is available on NCCD website. Contact PA DEP NERO for guidance.
Section C.4 –
 Be sure to provide the Stormwater Methodology used above the Summary table
on pg. 5 of the NOI
 Management of the net increase in stormwater runoff volume resulting from the
2-yr/24-hr storm involves both peak flow attenuation and volume reduction to
pre-construction conditions (e.g. boxes 8 & 11 should be zero or negative), if this
cannot be met, consider additional structural or non-structural BMPs, another
design method with explanation, SEJ, or contact DEP NERO for guidance.
 Stormwater worksheets 4 & 5 should be directly related to the summary table in
section C of the NOI, i.e. boxes 4, 5, & 6 should be consistent with Worksheet 4,
box 8 should be consistent with Worksheet 5, etc.
Section C.5 – All proposed PCSM BMPs should be addressed on pg. 6, volume and/or
acres treated values should be provided and they should be consistent with Stormwater
worksheets 3, 5, 10/11, etc.; PCSM plan; etc. If the BMP proposed is not listed on pg. 6
of the NOI it must be entered into the “other” spaces provided.
Section C.6 – Surface waters are defined in Chapter 102 as: “Perennial and intermittent
streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries,
excluding water at facilities approved for wastewater treatment such as wastewater
treatment impoundments, cooling water ponds, and constructed wetlands as part of a
wastewater treatment process.” If the project discharges to a non-surface water, reference
DEP Fact Sheet “Offsite Discharges of Stormwater to Areas That Are Not Surface
Waters” (3150-FS-DEP4124) – a link to the PDF is available on NCCD website.
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Section C.7 – Reference the 2012 PA DEP E&S Manual pg. 6
Section C.8 - All critical stages for implementation of the PCSM plan should be declared
in this section and should be consistent with the PCSM plan drawing and narrative, at
minimum all structural PCSM BMPs proposed should be included.
Section D – Only required for Individual permit applications. You should provide an
explanation for each item not checked off in Part 1. If you have a net increase in
stormwater volume or rate you cannot check off that the ABACT BMPs selected are
sufficient – should proceed to Part 3. Part 2 should always be completed.
Section E – The engineer’s seal should be provided on pg. 9 in the space provided to the
right of ‘Consulting Firm’ for expedited PCSM reviews.
Section G.2 – 3 copies of the 537 Plan DEP approval letter should be provided upon
receipt.
Item 8b (General)/10b (Individual) & 11/12 - Stormwater Worksheets 1-5: (3 copies –
located within the PCSM Narrative, separate copies are not required if provided in narrative)
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The Total Area/Site Area referenced on the Stormwater Worksheets should be equal to
the Total Project Area on the NOI; protected areas & areas not to be disturbed are
subtracted out on worksheet 3.
A Sensitive Resources Map should always be provided if sensitive resources exist within
the NPDES permit boundary/site area; if protected areas are proposed, these areas should
be shown as protected during all phases of construction, i.e. show them outside Limit of
Disturbance on the E&S & PCSM plans, etc.
Worksheets 2 & 3 – Credit can only be taken once for protected areas,
 Examples:
 If an area along a stream is wooded, credit can only be taken on
Worksheet 2 for either Riparian Areas OR Woodlands, not both –
Sensitive Resources map should make this clear.
 If woodlands are protected on Worksheet 2, then credit for protecting
existing trees cannot be taken on Worksheet 3 in section 3.3 for this
area; as the area was already subtracted from the required stormwater
management area in the above section 1.1 on Worksheet 3.
 If the area is subtracted as an area of minimum disturbance/reduced
grading on Worksheet 3 (Protected: section 3.1), credit cannot be taken
for the same area as an area of minimum compaction on Worksheet 3
(Volume: section 3.1) as it was already subtracted from the required
stormwater management area in the above section.
 NOTE: Area of minimum disturbance/reduced grading on Worksheet 3
is considered ‘protected area’ and should be protected in perpetuity just
like the other protected areas.
Worksheet 3 – The Stormwater Management Area should never be less than the
proposed disturbed area. All proposed non-structural and structural PCSM BMPs (RC,
VC & WQ) should be located within the Stormwater Management Area.
Worksheet 4 – The Stormwater Management Area determined on Worksheet 3 should
be used as the Area (ac) to analyze the existing and developed conditions.
Worksheet 4 – Per CG-1: Existing non-forested pervious areas (agricultural areas)
should be analyzed as meadow conditions; 20% of the existing impervious surface
should be analyzed as meadow conditions (re: Section 3.3.3 of PA DEP BMP Manual)
Worksheets 4 & 5 should be directly related to the summary table in section C of the
NOI, i.e. boxes 4, 5, & 6 should be consistent with Worksheet 4, box 8 should be
consistent with Worksheet 5, etc.
Worksheet 5 – No more than 25% of the volume reduction may be met through nonstructural BMPs credits; more than 25% non-structural volume reduction may be
proposed on worksheet 3 but credit cannot be taken on worksheet 5.
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Item 2: General Information Form (GIF) – submission required for Individual Permits only
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Client Information –
 Client type/Code should be provided on pg. 1 of the GIF
 Social Security Number, Employer ID# (EIN), or Dun & Bradstreet ID# should
be provided on pg. 1. If EIN is provided – it should be consistent with NOI pg 1.
Site Information –
 Site name may be different from project name if the proposed project is a phased
project, industrial park, or associated with a larger site/facility - but names are
typically equivalent.
 The estimated number of employees to be present at the construction site once it
is active should be provided on pg. 1 of the GIF to assist with future PPC
initiatives. N/A is not acceptable.
 Site description should be consistent with NOI section B.
 All applicable NAICS codes should be provided on page 2.
Facility Information –
 Latitude & Longitude should be provided on pg. 2 and should be consistent with
the NOI section B.
Project Information –
 The project name should be consistent throughout the application. It may be
different from Site name if the proposed project is a phased project, industrial
park, or associated with a larger site/facility - but names are typically equivalent.
 Time Schedules should be provided, milestones are optional.
 If the early opt-out option is being used, approval letters from the local
municipality and county where the project is proposed should be attached. If
you are unsure if your authorization/application type is affected by the land use
policy, please contact the appropriate DEP office. For more information on this
option see DEP’s land use policy for permits – Document ID: 012-0200-001.
Land Use Information – A separate Appendix A is not required since the information is
provided on the GIF.
Coordination Information
 (4.0.1) – The Total disturbed acreage should be provided on pg. 5 and should be
consistent throughout the application.
 (9.0.1) – Approval letter should be provided with application; should be
consistent with NOI
 If Question 16.0 is answered yes, the supplier’s name should be provided and the
letter of approval from the water supplier must be provided.
Renewal of NPDES applications
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NPDES Permit Renewal Applications should be submitted to the District 180 days prior
to permit expiration. Expired permits CANNOT be renewed. Permit Renewal
Applications that are submitted later than 180 days prior to permit expiration may
receive administrative extension, however it may be recommended that all earth
disturbance activities should cease onsite and all current disturbed areas should be
immediately stabilized until the NPDES permit renewal has been issued due to plan
revisions and the uncertainty of receiving an NPDES permit.
Only one copy of the approved E&S and PCSM plans are required to be submitted with a
NPDES Renewal Application if no plan revision is required. If revision is required, 3
copies should be submitted. Revised E&S plans will require a review fee, please contact
associated E&S Technician prior to submission to verify.
Per Chapter 102.8(a): After January 1, 2013, the renewal of a permit issued before
November 19, 2010, shall comply with current Chapter 102 regulations (i.e. plans will be
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required to be updated to include required riparian buffers, critical stages, long term
operation and maintenance records, etc.)
NOI Section A – The applicant should be the same as the original; a Permit transfer will
be required prior to the Renewal if a different entity is applying for the renewal (re: PA
Doc # 3150-PM-BWEW0228 – link available on NCCD website)
NOI Section B.3 – Total Disturbed area: this section should clearly define how many
acres are left to be disturbed, i.e. 5 acres (2 acres left to be disturbed), etc. A plan
drawing indicating the completed and stabilized work must be provided with the
application to support the NOI Section B.3 and disturbed acre fee submitted. This
drawing should be separate from the E&S and PCSM plans and will be subject to field
verification.
NOI Section B.4 - Project Description: this section should be updated to be consistent
with the current state of the project.
NOI Section B.14 – Be sure to update the Chapter 93 classification and impaired status
of the receiving watercourse.
NOI Section C - The PCSM plan should be updated to be complete per Application
Checklist and meet current regulations, e.g. CG-1, etc. (contact/meet with PA DEP
NERO to discuss PCSM).
NOI Section C - If the PCSM plan is revised at the time of NPDES permit renewal, the
plan may be subject to review by local entities/cooperating agencies and should be
resubmitted to such agencies for review, (i.e. LVPC, municipality, PennDOT, etc.)
NOI Section C.7 – If a proposed PCSM BMP is not yet installed it should be considered
a critical stage and should be stated as such on the NOI and PCSM plan.
NOI Section F – Any Notice of Violations issued by NCCD/DEP should be provided in
this section. Outstanding violations on site may affect issuance of NPDES permit
renewal.
Stormwater worksheets 1-5, 10/11, 12, 13 are required to be submitted with a NPDES
Renewal Application as they are considered part of the NOI.
Permit renewals are required to submit an updated PHNP/ PNDI review receipt and
associated resolutions with the application. NPDES boundary should be analyzed at
minimum.
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