5 Colo. Code Regs. § 1002-82.6

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1002-82.6 - CERTIFICATION REQUIREMENTS:

(A) The following requirements shall apply to all certifications:

(1) Authorized representatives from the Division shall be permitted to enter upon the site where the construction activity or operation of the Project is taking place for purposes of inspection of compliance with BMPs and certification conditions.

(2) In the event of any changes in control or ownership of facilities where the construction activity or operation of the Project is taking place, the successor shall be notified in writing by his predecessor of the existence of the BMPs and certification conditions. A copy of such notification shall be provided to the Division.

(3) If the permittee discovers that certification conditions are not being implemented as designed, or if there is an exceedance of water quality standards despite compliance with the certification conditions and there is reason to believe that the exceedance is caused, in whole or in part, by the Project, the permittee shall verbally notify the Division of such failure or exceedance within two (2) working days of becoming aware of the same. Within ten (10) working days of such notification, the permittee shall provide to the Division, in writing, the following:

(a) In the case of the failure to comply with the certification conditions, a description of

(i) the nature of such failure,

(ii) any reasons for such failure,

(iii) the period of non-compliance, and

(iv) the measures to be taken to correct such failure to comply; and

(b) In the case of the exceedance of a water quality standard,

(i) an explanation, to the extent known after reasonable investigation, of the relationship between the Project and the exceedance,

(ii) the identity any other known contributions to the exceedance, and

(iii) a proposal to modify the certification conditions so as to remedy the contribution of the Project to the exceedance.

(4) Any anticipated change in discharge location and/or quantities associated with the Project which may result in water quality impacts not considered in the original certification must be reported to the Division by submission of a written notice by the permittee prior to the change. If the change is determined to be significant, the permittee will be notified within ten days, and the change will be acknowledged and approved or disapproved.

(5) Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions herein is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with limitations and prohibitions herein. The Division shall be notified immediately in writing of each such diversion or bypass.

(6) At least fifteen days prior to commencement of a Project in a watercourse, which the Division has certified, or conditionally certified, the permittee shall notify the following:

(a) Applicable local health departments;

(b) Owners or operators of municipal and domestic water treatment intakes which are located within twenty miles downstream from the site of the Project; and

(c) Owners or operators of other intakes or diversions which are located within five miles downstream from the site of the Project.

The permittee shall maintain a list of the persons and entities notified, including the date and form of notification.

(7) Immediately upon discovery of any spill or other discharge to waters of the state not authorized by the applicable license or permit, the permittee shall notify the following;

(a) Applicable local health departments;

(b) Owners or operators of municipal and domestic water treatment intakes which are located within twenty miles downstream from the site of the Project; and

(c) Owners or operators of other intakes or diversions which are located within five miles downstream from the site of the Project.

The permittee shall maintain a list of the persons and entities notified, including the date and form of notification.

(8) Construction operations within watercourses and water bodies shall be restricted to only those Project areas specified in the federal license or permit

(9) No construction equipment shall be operated below the existing water surface until the Division is notified.

(10) Work should be carried out diligently and completed as soon as practicable. To the maximum extent practicable, discharges of dredged or fill material shall be restricted to those periods when impacts to designated uses are minimal.

(11) The Project shall incorporate provisions for operation, maintenance, and replacement of BMPs to assure compliance with the conditions identified in this section, and any other conditions placed in the permit or certification. All such provisions shall be identified and compiled in an operation and maintenance plan which will be retained by the Project owner and available for inspection within a reasonable timeframe upon request by any authorized representative of the Division.

(12) The use of chemicals during construction and operation shall be in accordance with the manufacturers' specifications. There shall be no excess application and introduction of chemicals into state waters.

(13) All solids, sludges, dredged or stockpiled materials and all fuels, lubricants, other toxic materials shall be controlled in a manner so as to prevent such materials from entering state waters.

(14) All seed, mulching material and straw used in the Project shall be state-certified weed-free.

(15) Discharges of dredged or fill material in excess of that necessary to complete the Project are not permitted.

(16) Discharges to state waters not identified in the license or permit and not certified in accordance therewith are not allowed, subject to the terms of any 401 certification.

(17) Except as otherwise provided pursuant to subsection 82.7 , no discharge shall be allowed which causes non-attainment of a narrative water quality standard identified in the Basic Standards and Methodologies for Surface Waters, Regulation No. 31 (5 CCR 1002-31), including, but not limited to discharges of substances in amounts, concentrations or combinations which:

(a) Can settle to form bottom deposits detrimental to beneficial uses; or

(b) Form floating debris, scum, or other surface materials sufficient to harm existing beneficial uses; or

(c) Produce color, odor, or other conditions in such a degree as to create a nuisance or harm existing beneficial uses or impart any undesirable taste to significant edible aquatic species, or to the water; or

(d) Are harmful to the beneficial uses or toxic to humans, animals, plants, or aquatic life; or

(e) Produce a predominance of undesirable aquatic life; or

(f) Cause a film on the surface or produce a deposit on shorelines.

(B) Best Management Practices:

(1) Best management practices are required for all Projects for which Division certification is issued except for section 402 permits. Project applicants must select BMPs to be employed in their Project. The Division maintains a policy document with best management practices.

(2) All requests for 401 certifications shall include a map of the Project location, a site plan, and a listing of the selected BMPs chosen for the Project. At a minimum, each Project must provide for the following:

(a) Permanent erosion and sediment control measures that shall be installed at the earliest practicable time consistent with good construction practices and that shall be maintained and replaced as necessary throughout the life of the Project

(b) Temporary erosion and sediment control measures that shall be coordinated with permanent measures to assure economical, effective, and continuous control throughout the construction phase and during the operation of the Project.

5 CCR 1002-82.6

42 CR 01, January 10, 2019, effective 1/31/2019