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Mr John Funderberg - 2 - 31 October 2013 San Joaquin County Construction Stormwater Permit A National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activities, Order No. 99-28-DWQ is required when a project involves clearing, grading, disturbances to the ground, such as stockpiling, or excavation. Currently, construction activity that involves soil disturbances on construction sites one acre or greater or which are part of a larger common plan of development or sale require a construction storm water permit. If construction associated with the project will disturb more than one acre, the property owner will need to obtain permit coverage under the NPDES General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity Before construction begins, the proponent must submit a Notice of Intent (NOI) to comply with the permit to the State Water Resources Control Board and a Stormwater Pollution Prevention Plan (SWPPP) must be prepared Industrial Stormwater Permit Depending on the Standard Industrial Classification (SIC) code of the final project, compliance with the NPDES General Permit No. CAS000001 for Discharges of Storm Water Associated with Industrial Activities may be required. The SIC codes of activities requiring coverage are listed in the General Permit. In order to obtain coverage by the General Permit, the proponent must submit an NOI to comply with the permit to the State Water Resources Control Board and an SWPPP must be prepared. Water Quality Certification - Wetlands If a U.S. Army Corp of Engineers (ACOE) permit is required due to the disturbance of wetlands, then a Water Quality Certification must be obtained from the Regional Board prior to initiation of project activities. Section 401 of the federal Clean Water Act requires that the project proponent for any project that impacts surface waters of the United States (such as streams and wetlands) must request a 401 Water Quality Certification from the Regional Board. Water Quality Certification must be obtained prior to initiation of project activities. The proponent must follow the ACOE 404(b)(1) Guidance to assure approval of their 401 Water Quality Certification application. The guidelines are as follows. 1. Avoidance (Is the project the least environmentally damaging practicable alternative?) 2. Minimization (Does the project minimize any adverse effects to the impacted wetlands?) 3. Mitigation (Does the project mitigate to assure a no net loss of functional values?) Section 404 Permit If the project will involve the discharge of dredged or fill material into navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the US Army Corps of Engineers. If a Section 404 permit is required by the Corps, the Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If a Section 404 permit is required, the proponent must apply to the Regional Board for a Water Quality Certification under Section 401.