session 6 permitting how do ge i t my · session 6 permitting how do i july28, 2011 ge my...

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+Guam Stormwater

Workshop

Session 6

Permitting

H d I

July 28, 2011

How do I get my project approved?

Clearing/Grading Exemptions

(1.) Clearing, grading and filling for the purpose of constructing a house pad or driveway for one or two familyconstructing a house, pad or driveway for one or two family residence

(2) Grading in an isolated, self‐contained area. (3) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. Such exemptions shall not include excavations where dewatering is undertaken, any fill is made with the excavated material, or any unsupported excavation of more than (5) feet deep is excavated after the completion of such structures.

(4) Cemetery graves or plots without using heavy equipment.

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(5) Excavations for wells or tunnels or utilities.

(6) Exploratory excavations for wells or for the purpose of soils testing provided that no clearing, grubbing and grading is to be performed.

(7) Any excavation which: a. is less than two (2) feet in depth, or

b. which create a cut slope less than five (5) feet in height and steeper than one and one half (1 1/2) horizontal to one (1) vertical for coralline type soil

c. 3:1 slope for clay type soil provided that all slopes and open areas are stabilized and vegetated.

(8) Any fill less than one (1) foot in height and placed in undisturbed terrain with existing topography of a ratio less than five (5) horizontal to one (1) vertical and which does not obstruct a drainage course, provided the area of the property does not exceed five thousand (5,000) sq. ft. and open areas are properly stabilized and vegetated.

(9) Field plowing or filling for agricultural purposes provided these activities or operations do not cause sediment and water run‐off to degrade the water quality sediment and water run off to degrade the water quality of the receiving water.

(10) Clearing and grubbing for the purpose of making topographic surveys and hand clearing of trails for survey lines and for access for soil exploration equipment.

Note: The Administrator approves the exemption.

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Guam EPA

Guam EPA Permit Application Process pp

Overview

Authority Authority

Guam Water Pollution Act 10 GCA Chapter 47 Guam Water Pollution Act (Section 47106 “Pollution Unlawful:” Permits) Guam Soil Erosion and Sediment Control Regulations

Guam Water Quality Standards

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Guam EPA

A Permit is required for and applicable to

• All construction activities in land and water areas of Guam

• Project activities by private individuals

• Project activities by Government of Guam Agencies

• Project activities by Federal Agencies on Guam

Guam EPA Permit Process Flow Chart for Non-DoD

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Permit Process Flow Chart for DoD Projects

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Guam EPA Permit Application Form

GUAM ENVIRONMENTAL PROTECTION AGENCY

CLEARING, GRUBBING, GRADING & STOCKPILING PERMIT APPLICATION

1. APPLICANT: Name: (If the applicant is not the property owner a lease agreement or written authorization from the owner is required or an NTP for federal projects)(If the applicant is not the property owner, a lease agreement or written authorization from the owner is required or an NTP for federal projects)

Mailing Address: ________________________________________________________________________

________________________________________________________________________

Contact Person: ____________________________________________________________

Telephone No.: ____________________________________________________________

2. CONTRACTOR: Company Name: ___________________________________________________

Address: _________________________________________________________ _________________________________________________________

Contractor’s License No.: ____________

Expiration Date: ___________________

Phone No: _______________

Email: __________________

Project Name: ________________________

Plan Prepared By: ______________________

3. TYPE OF PERMIT:

Clearing Permit Grubbing Permit Grading Permit Stockpiling Permit

4. PROJECT SITE INFORMATION:

________________________ Village (non-federal projects)

_______________________ Lot No. (non-federal projects)

_________________________ Block No. (non-federal projects)

________________________ Tract No. (non-federal projects)

Actual Lot Area Actual Lot Area to be Disturbed

_____________ Area (ft²)

____________ Area (Acre)

___________________ Overall Dimensions (ft)

_____________ Area (ft²)

_____________ Area (Acre)

___________________ Overall Dimensions (ft)

Stockpiling Data Grading/Fill Data

_______________ Volume (ft³)

_____________________ Maximum Height (ft)

__________________ Grading Volume (ft³)

_______________ Fill Volume (ft³)

Linear distance(s) (ft.) between site and all of the nearest water(s) of Guam: ____________________________________________________________________________________________ ____________________________________________________________________________________________

Anticipated Stating Date: ______________________ Anticipated Completion Date: ____________________ Does the project include any in-water work in any of the waters of Guam? Yes No If yes, submit a U.S. Army Corps of Engineer (USACOE) permit and a GEPA-approved 401 Water Quality Certification (WQC).

D th j t h i kh l ithi th l i bbi di t k ili f t i t? Y NDoes the project have a sinkhole within the clearing, grubbing, grading or stockpiling footprint? Yes No If yes, no clearing, grubbing, grading or stockpiling shall be performed within close proximity without prior approval.

Does the project include the use of a detention basin during the clearing, grubbing and/or grading? Yes No If yes, attach a detention basin basic plan indicating type & location of basin and direction of runoff flow.

Anticipated Stating Date: ______________________ Anticipated Completion Date: ____________________

5. GEPA-REQUIRED DOCUMENTS ATTACHED TO THIS APPLICATION: (Please check all applicable boxes)

Clearing, Grubbing, Grading, and/or Stockpiling Plan Solid Waste Disposal Plan

Environmental Protection Plan/Erosion Control Plan Engineer Soils Report

GEPA-approved 401 WQC Permit Wetland Delineation

USEPA receipt acknowledgement of NOI Storm Water Pollution Prevention Plan

Site & Topographic Plan showing all waters of Guam and existing/proposed storm drains and culverts within the project

footprint or drainage area

Lease Agreement or written authorization from property owner (Notice to Proceed for federal

projects) For stockpiling permit only: a site plan showing property boundaries; easement; type & source of stockpile material; & stockpile’s height, setbacks & location(s)

Storm water runoff drainage system plan with design calculation based on actual percolation rate that shows type & location of detention basin and the direction of runoff flow

Maps signed by a registered land surveyor and approved by the Department of Land Management (non-federal projects only)

Guam Land Use Commission Notice of Action via the Dept. of Land Management (non-federal projects only)

Environmental Impact Assessment (or NEPA documentation) Utilities Clearance (non-federal projects only)

6. NON-GEPA DOCUMENTS: (The following documents may be required for this project, but are independent of this permit application)

USACOE 404 or Nationwide Permit State Historic Preservation Office Clearance

U.S. Fish & Wildlife Consultation or Department of Agriculture’s Division Aquatic & Wildlife Resources Approval/Clearance

Other: (Please specify) _____________________________________________

7. SIGNATURE OF APPLICANT: I, the undersigned, hereby declare under penalty of perjury that I am an authorized signatory for the above contractor for this permit.

______________________________________________ Signature of Authorized Representative

Date Signed: _______________________________

Print Name: ________________________________

Title of Signatory: ________________________ GEPA Form 2011-001

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Requirements for construction projects

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•Guam EPA regulates disturbances of construction sites regardless of size

•Construction Plans (clearing, grading, grubbing, stockpiling,

utilities, and building plans)

•Permit Application Form (GEPA new form ) As shown in the previous slide

•Site and Topographic Plan

•Proof of ownership (i.e. lease agreement, authorization from owner, contract agreement and notice to proceed especially for federal projects)

•Erosion Control Plans (ECP)

•Environmental Protection Plans (EPP)

•Compliance with the Federal NPDES CGP requirements if projects are one (1) acre or more.

•Submit NOI application to USEPA and provide US EPA acknowledgement of NOI application

•Develop and submit SWPPP to GEPA

•Stormwater drainage system plans with design calculations duly signed by an engineer

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•EIA (projects located within environmentally sensitive areas)

Guam EPA

•Wetland Delineation map (if wetland exist in the property).

•No work are allowed within the wetland unless there is a valid:

•Guam Wetland Development Permit •US Army Corps of Engineers (ACOE) Section 404 y p g ( ) permits

•401 Certification if activities in water

•Soil Engineer’s Report (when the cut & fill exceeded what required in the regulations)


•Solid Waste Disposal Plan For demolition works and construction

Guam EPA

For demolition works and construction debris or excess soil from excavation

•Construction plans must conform with Guam Soil Erosion and Sediment Control Regulations and Guam Water Quality St d d i tStandards requirements

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•Other requirements may be required such as:

Guam EPA

• Clearance from Dept. of Agriculture Division of Aquatic & Wildlife •Clearance from SHPO • Utilities Clearance •Guam Land Use Commission’s Notice of Action by Department of land Managementy p g •Water Quality Monitoring Plan for in-water work

All projects that involve clearing and

Guam EPA

grading activities are required to apply for Guam EPA permits

•EPP/ECP documents •All permit applications are subject to site inspection for GEPA to assess/ evaluate the existing sitefor GEPA to assess/ evaluate the existing site conditions.

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Depending on the type of activity of a particular

j t it li ti d t b i d

Guam EPA Permitting Review Sections

project permit application may need to be reviewed

by different Permitting Review Sections as indicated

in the flow chart (shown in the previous slides)

Water Pollution Water Resources

Safe Drinking Water Individual Waste Water Safe Drinking Water Individual Waste Water

Monitoring Environmental Review

Air Pollution Pesticide

Solid Waste Hazardous Waste

Hydro Geologists

•For Federal projects:

S b itt l f it li ti t b

Guam EPA Permitting Process

•Submittals of permit application must be

directly to Guam EPA

•Follow Interim Guidance July 2011

•For Non-Federal Projects

Bring application to DPW One StopBring application to DPW One Stop

•Submit permit application to GEPA together with

DPW application form with assigned permit

number and GEPA required documents

•Fill Up GEPA application form (July 2011)

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List of Governing Regulations and References Guam Water Pollution Control Guam Water Pollution Control

Guam Soil Erosion and Sediment Control Regulations

Guam Water Quality Standards

Underground Injection Control Regulations

Onsite Wastewater Treatment or Individual Wastewater System Regulations

Guam Animal Feedlot Regulations

Guam Lead Ban Act Regulations

Guam Water Resources Regulations

Hazardous Waste Management Regulations

Guam Air Pollution Standards and Regulations


List of Governing Regulations and References Guam Pesticide Regulations Guam Pesticide Regulations Guam Storm Drainage Manual

Guam CNMI Storm Drainage Manual

Guidebook to Development Requirements to Guam

GEPA EPP Preparation Guidebook (blue book)

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US EPA Notice of Intent (NOI)

Construction Projects need to have SWPPP and file an NOI with US EPA

•NOI’s are completed online thru the US EPA’s Electronic Notice of Intent (eNOI) system

•The US EPA website for this is http://cdx epa gov/epa home asp http://cdx.epa.gov/epa_home.asp

•If this is your first time you will need to set up a Username and Password and register online

Requirements for submitting an NOI


•Federal regulations require that any construction activity disturbing one or more acres of land including smaller sites that are part of a larger, common plan of development , must develop and implement a stormwater pollution prevention plan (SWPPP) to prevent pollutedp p ( ) p p runoff from entering local waterways including streams, lakes, rivers, and coastal waters.

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http://cdx.epa.gov/epa_home.asp

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Submitting an eNOI – getting started


•Read EPA’s Construction General Permit (CGP)

•Develop a stormwater pollution prevention plan (SWPPP) for your project site

•EPA’s CGP and SWPPP requirements areqavailable online @

http://www.epa.gov/npdes/pubs/cgp2003_entirepermit.pdf

Submitting an eNOI – getting started


•Identify a certifying official to is authorized to electronically sign and certify the NOI

•Determine your project site location by latitude and longitude

•Identify the water body that storm water from project site will discharge to

•Submit and certify your eNOI

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http://www.epa.gov/npdes/pubs/cgp2003_entirepermit.pdf

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Submitting an eNOI – need help


•If you have questions about the US EPA eNOI system or need help US EPA offers the following for assistance

•By phone (toll free) 866-352-7755

•By webform – fill out the online form at www.epa.gov/npdes/noicontact

•By email to NOI Center Staff @ [email protected]

Guam EPA

Environmental

Protection

PlansPlans

EPP’s

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http://www.epa.gov/npdes/noicontact

mailto:[email protected]

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EPP’s Need to include

Guam EPA EPP (Environmental Protection Plan)

•Project Location

•Description of the work

•Methods, practices and equipment to be used to avoid or mitigate impacts to the environment

•Expected or anticipated environmental impacts during and after construction



•Anticipated environmental impacts need to address the following

•Potential impacts to Guam Sole Source Aquifer

•Potential impacts to surface water

•Potential impacts to groundwater

•Potential impacts to vegetation

•Potential impacts to Wetlands

•Potential impacts to air quality

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Mitigation measures for potential impacts need to be described in the plan

H A Th P t ti l I t G i T BHow Are The Potential Impacts Going To Be Controlled



Your project may need to mitigate or control

•Air Pollution •Solid Waste •Sanitary Waste •Pests •Chemicals and Petroleum Products •Public Safety •Motorized Equipment

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Your project may need to mitigate or control

•Historical and Cultural Changes •Inclement Weather

•Typhoon contingency plan •Construction Dewatering •Erosion and Sediment Control •Fugitive Dust Control •Noise



•EPP’s are developed, prepared and submitted by the party responsible for the work

•This party needs to be identified in the plan

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Guam EPA

Erosion and

Sediment Control

PlansPlans

ECP’s

Guam EPA ECP (Erosion and Sediment Control Plan)

All clearing, grading, filling, excavating and other earth moving operations

shall only be done with an approved planplan

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ECP’s Need to include


•Project Location

•Preliminary Site Evaluation

•Physical feature of the watershed

•Identification of streams and shorelines

•Physical features be developed



•The stages of construction and completion time for each stage

•The time of the year when the work will be done

•Type and location of sediment retention structure (BMP)

•Type and location of erosion control structure (BMP)

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What is a BMP ?


•BMP stands for Best Management Practice

•BMP’s might include •Silt fences •Ditch check dams •Stormwater inlet protections•Stormwater inlet protections •Detention basins

Guam EPA BMP Examples

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Guam EPA BMP Examples



•Inspection and maintenance program that describe

•Frequency of inspections

•Maintenance procedures•Maintenance procedures

•Collection and disposal methods

•Prepared and signed by an engineer

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Need help with your EPP

Request for a copy of the EPP Preparation Guide or call 475-1628 p

Guam EPA

The EPP/ECP has been approved and a permit has been issued by Guam EPA

What’s next ?

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Take your approved application to

Guam EPA

Take your approved application to Department of Public Works One Stop Center (Non-DoD Projects)

But most importantly implementBut most importantly implement your EPP/ECP, SWPPP and applicable BMP’s during and after construction.

Guam EPA

401

Water Quality

CertificationCertification

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Guam EPA 401 Water Quality Certification

Guam EPA issues Section 401 Water Quality Certifications

There are different types of application forms depending on the type of project or discharge


GEPA Water Quality Certification Application form 401A

Discharges from Ocean Outfalls and Near-Shore Discharges

Types of projects include •Sewage treatment plants •Storm Water •Aquariums •Power plants and industrial facilities

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GEPA Water Quality Certification Application form 401B

Discharges or withdrawals from inland surface waters

Types of projects include •Treated Sewage Discharges •Industrial, commercial, agricultural and residential storm water discharges •Discharges from aquaculture and irrigation uses


GEPA Water Quality Certification Application form 401C

This form is used for Discharges of Dredged material or fill in Wetlands and other inland surface waters

Types of projects include •Dredging or Filling •General Construction Projects •Restoration Projects •Utility Projects

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Where do I obtain Section 401 Application forms

Contact Guam EPA at (671) 475-1628 or send a FAX to (671) 477 9402FAX to (671) 477-9402

Guam EPA

Common

Mistakes

InIn

Permitting

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Guam EPA Common Mistakes in Permitting

•Type of work to be done not clear

•Location of the project not clearly identified

•Project will need dewatering and a dewatering plan is not provided

Guam EPA Common Mistakes in Permitting

•Incomplete construction plans and specifications

•Incomplete submittals of required documents

•Construction plans not in conformance with GSESCR requirements

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Si Yu os Ma ase!

8/1/2011

+ Thank You and Si Yu’os Ma’ase!

Ivan Quinata

Administrator

Guam Environmental

Protection Agency

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session 6 permitting how do ge i t my · session 6 permitting how do i july28, 2011 ge my...

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