II. ADEM CONDITIONS FOR COASTAL
ZONE MANAGEMENT CERTIFICATION:
Pursuant the Alabama Coastal Area Management Program, ADEM issued project
consistency for a period not to exceed five (5) years from the date of issuance
[1 October 2016].
ADEM reserves the right to suspend or revoke any general permit which may
be determined to have a significant impact on coastal resources or which is
found to be inconsistent with the management program. To ensure that activities
which are conducted within the coastal area of Alabama and authorized by the
general permits are in compliance with the Alabama Coastal Area Management
Program, the consistency determination was conditioned as follows:
NOTE:
Special condition CZM-4 only pertains to the Alabama General Permit ALG10-2011 -
Living Shorelines.
CZM-1.
Tear sheet General Permits may not be issued within Mobile and Baldwin
Counties in Alabama.
CZM-2.
A copy of the General Permit authorization and corresponding joint
application for Mobile and Baldwin Counties must be provided to the ADEM
Coastal/Facility Section, 4171 Commanders Drive, Mobile, Alabama 36615.
CZM-3.
Failure by the permittee to comply with applicable water quality
certification conditions may constitute a violation of this coastal consistency
certification resulting in suspension of State certification to the permittee’s
individual General Permit authorization.
CZM-4.
Applicable to
ALG10-2011 - Living Shorelines only.
For activities to be conducted in Mobile and Baldwin
Counties the applicant shall provide copies to the ADEM Coastal
Program Office of any/all wetland delineations, hydrographic
surveys, submerged grassbed surveys and/or rhizome
cross-sectional surveys required by the Corps of Engineers as
part of the application.
III.
ADEM CONDITIONS FOR WATER QUALITY CERTIFICATION (WQ-1 through WQ-12):
Because action pertinent to water quality certification is required by Section
401(a)(1) of the Clean Water Act, 33 U.S.C. Section 1251, et. seq.,
and the Alabama Coastal Area Management Program, the ADEM issued official
project certification for a period not to exceed five (5) years from the date of
issuance, 1 October 2016,
of the Corps general permits referenced
herein, unless extended in writing by ADEM.
ADEM stated that if the project is conducted in accordance with the
prescribed conditions, that there is reasonable assurance that the discharge
resulting from the proposed activities as submitted will not violate applicable
water quality standards established under Section 303 of the Clean Water Act and
Section 22-22-9(g), Code of Alabama (1975).
ADEM certified that there are no applicable limitations under Sections
301 and 302 nor applicable standards under Sections 306 and 307 of the Clean
Water Act in regard to the activities specified.
However, regulations promulgated by EPA requiring discharge permits for
stormwater runoff from individual and commercial facilities may be applicable.
The ADEM certification does not address the requirements of those regulations.
The ADEM certification contains the below listed twelve (12) special
conditions (WQ-1 through WQ-12):
WQ-1. During project
implementation, the applicant shall ensure compliance with applicable
requirements of ADEM Admin. Code Chapter 335-6-6 [National Pollutant Discharge
Elimination System (NPDES)], Chapter 335-6-10 (Water Quality Criteria), and
Chapter 335-6-11 (Water Use Classifications for Interstate and Intrastate
Waters).
WQ-2. Please be advised that
ADEM permit coverage may be required prior to commencing and/or continuing
certain activities/operations relating to or resulting from the project. If you
have any questions regarding ADEM regulated activity, or the need for NPDES
permit coverage, please contact ADEM’s Water Division at (334) 271-7823. If you
have any questions regarding ADEMs regulated activity or the need for air permit
coverage, please contact ADEM’s Air Division at (334) 271-7869. If you have any
questions regarding ADEM regulated activity or the need for hazardous, toxic,
and/or solid waste permit coverage, please contact ADEM’s Land Division at (334)
271-7730.
WQ-3. Upon the loss or
failure of any treatment facility, best management practice (BMP), or other
control, the applicant shall, where necessary to maintain compliance with this
certification, suspend, cease, reduce or otherwise control work/activity and all
discharges until effective treatment is restored. It shall not be a defense for
the applicant in a compliance action that it would have been necessary to halt
or reduce work or other activities in order to maintain compliance with the
conditions of this certification.
WQ-4. The applicant shall
retain records adequate to document activities authorized by this certification
for a period of at least three years after completion of work/activity
authorized by the certification. Upon written request, the applicant shall
provide ADEM with a copy of any record/information required to be retained by
this paragraph.
WQ-5. The applicant shall
prepare a detailed Best Management Practice (BMP) Plan. Effective BMPs shall be
implemented and continually maintained for the prevention and control of
sediment and other sources of pollutants, including measures to ensure permanent
revegetation or cover of all of disturbed areas, during and after project
completion.
WQ-6. The applicant shall
implement a Spill Prevention Control and Countermeasures (SPCC) Plan for all
temporary or permanent onsite fuel or chemical storage tanks or facilities
consistent with the requirements of ADEM Admin. Code R. 335-6-6-.12(r), Section
311 of the Federal Water Pollution Control Act, and 40 CFR Part 112. The
applicant shall maintain onsite or have readily available sufficient oil and
grease absorbing material and floatation booms to contain and clean-up fuel or
chemical spills and leaks. The applicant shall immediately notify ADEM after
becoming aware of significant visible oil sheen in the vicinity of the proposed
activity. In the event of a spill with the potential to impact groundwater or
other waters of the State, the applicant should immediately call the National
Response Center at 1-800-424-8802 and the Alabama Emergency Management Agency at
1-800-843-0699. The caller should be prepared to report name, address and
telephone number of person reporting spill, the exact location of the spill, the
cause of the spill, the nearest downstream water with the potential to receive
the spill, and the actions taken for containment and cleanup.
WQ-7. The applicant shall
conduct or have conducted, at a minimum, weekly comprehensive site inspections
until completion of the proposed activity to ensure that effective Best
Management Practices (BMPs) are properly designed, implemented, and regularly
maintained (i.e. repair, replace, add to, improve, implement more effective
practice, etc.) to prevent/minimize to the maximum extent practicable discharges
of pollutants in order to provide for the protection of water quality.
WQ-8. Additional, effective
BMPs shall be fully implemented and maintained on a daily basis as needed to
prevent to the maximum extent possible potential discharges of pollutants from
activities authorized by this certification, directly to or to a tributary or
other stream segment, that have the potential to impact a State water currently
considered impaired [waterbody is identified on the 303(d) list, a total maximum
daily load (TMDL) has been finalized for the waterbody, and/or the waterbody is
otherwise considered a Tier 1 water pursuant to ADEM Admin. Code Ch. 335-6-10].
The applicant shall inspect all BMPs as often as necessary (daily if needed) for
effectiveness, need for maintenance, and the need to implement additional,
effective BMPs. Additional effective BMPs shall immediately be implemented as
needed to ensure full compliance with the ADEM requirements and the protection
of water quality in the impaired waterbody.
WQ-9. All construction and
worker debris (e.g. trash, garbage, etc.) must be immediately removed and
disposed in an approved manner. If acceptable offsite options are unavailable,
effective onsite provisions for collections and control of onsite worker toilet
wastes or gray waters (i.e. port-o-let, shower washdown, etc.) must be
implemented and maintained. Soil contaminated by paint or chemical spills, oil
spills, etc. must be immediately cleaned up or be removed and disposed in an
approved manner. Also, the applicant shall manage and dispose of any trash,
debris, and solid waste according to applicable state and federal requirements.
WQ-10. All materials used as
fill, or materials used for construction of structures in a waterbody, must be
non-toxic, non-leaching, non-acid forming, and free of solid waste or other
debris.
WQ-11. The applicant shall
implement appropriate measures to minimize the potential for a decrease in
instream dissolved oxygen concentrations as a result of project implementation.
In addition, the applicant shall ensure that the activities authorized by this
certification do not significantly contribute to or cause a violation of
applicable water quality standards for instream dissolved oxygen.
WQ-12. The applicant shall
implement appropriate, effective BMPs, including installation of floating
turbidity screens as necessary, to minimize downstream turbidity to the maximum
extent practicable. The applicant shall visually monitor or measure background
turbidity. The applicant must suspend operations should turbidity resulting from
project implementation exceed background turbidity by more than 50 NTUs.
Operations may resume when the turbidity decreases to within acceptable levels.
