All persons engaged in land disturbance for new development, disturbing 1.0 acres or more, or development disturbing less than 1.0 acres that is part of a larger common plan of development or sale, shall implement the following measures to prevent the discharge of pollutants to the stormwater system to the maximum extent practicable:
(a) 
Obtain a permit from the Water Quality Control Division (WQCD) for Stormwater Discharges Associated with Construction Activity, called “stormwater construction permit.” A condition of the permit requires the preparation and implementation of a stormwater management plan (SWMP) to control the discharge of pollutants resulting from construction activity.
Information required by the WQCD for a stormwater management plan is included in this chapter and shall be referred to as the “construction SWMP.” The construction SWMP must include appendices with the WQCD permit application, text and graphics identifying erosion control measures to be implemented during construction, and be certified by a qualified erosion control specialist.
Exemptions to the requirement for a SWMP for projects that disturb less than five acres may be granted by the WQCD when the rainfall erosivity factor (R-factor) is less than a value of five. See website at:
http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html
However, the exemptions do not relieve the owner/operator from meeting discharge limitations described in GJMC § 28.60.030(a).
(b) 
For development within the designated urbanized area of unincorporated Mesa County (see Figure 28.16.110), obtain a Mesa County stormwater construction permit. Application for the Mesa County stormwater construction permit may be submitted concurrent with the application for the WQCD stormwater construction permit, but the WQCD permit must be received by the County before approval of the County permit. Within the City of Fruita and the Town of Palisade, contact the Engineering or Planning Department for requirements.
(c) 
For development within the City of Grand Junction, obtain a Grand Junction stormwater construction permit. Application for the Grand Junction stormwater construction permit may be submitted concurrent with the application for the WQCD stormwater construction permit, but the WQCD permit must be received by the City of Grand Junction before approval of the Grand Junction permit. Development within the City of Grand Junction does not need a Mesa County permit.
(d) 
Provide measures to control erosion and sedimentation within the on-site major drainageway(s), in accordance with Chapter 28.32 GJMC, Open Channels.
(e) 
Implement post-construction BMPs to control the discharge of pollutants after construction is completed, in accordance with Chapter 28.64 GJMC, Post-Construction Stormwater Management.
(Res. 40-08 (§ 1501), 3-19-08)
(a) 
Stormwater Discharge Permit.
The Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment (CDPHE) has direction and authority to administer the Federal stormwater permit program (i.e., NPDES Phase I and Phase II) as part of the Colorado Water Quality Control Act (§ 25-8-101, C.R.S. et seq.). The terms and conditions of the permit have set forth minimum requirements for stormwater management programs for municipalities that address water quality from significant development or redevelopment, from construction sites and from other activities. Programs include:
(1) 
Public Education and Outreach on Stormwater Impacts.
Prepare and distribute education materials to the community or conduct outreach activities about impacts of stormwater discharges on water bodies.
(2) 
Public Involvement/Participation.
Conduct and document public meetings related to implementation of the stormwater management programs.
(3) 
Illicit Discharge Detection and Elimination.
Detect and prohibit illicit discharges through regulatory measures.
(4) 
Construction Sites Stormwater Runoff Control.
Develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from construction activities that result in a land disturbance of greater than or equal to 1.0 acres. This permit condition is the basis for requirements identified in this chapter of the manual.
(5) 
Post-Construction Stormwater Management in New Development and Redevelopment.
Develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from all new development and significant redevelopment. This permit condition is the basis for requirements identified in Chapter 28.64 GJMC.
(6) 
Pollution Prevention/Good Housekeeping for Municipal Operations.
Develop and implement an operation and maintenance program that includes an employee training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations.
Additional information can be found at the CDPHE website address:
http://www.cdphe.state.co.us/cdphehom.asp
(b) 
Mesa County Permittees.
Mesa County, the City of Grand Junction, the Grand Junction Drainage District, and the Town of Palisade, who are members of the 5-2-1 Drainage Authority, each have obtained a permit to discharge stormwater under the Colorado Discharge Permit System (CDPS, COR-090031, COR-090077, COR-090006, and COR-090005, respectively). Other jurisdictions within Mesa County may be subject to these regulations in the future and the manual user is encouraged to contact their local jurisdiction for more information.
(c) 
Stormwater Management Manual.
Information presented in this manual meets, in part, requirements for the following programs: Illicit Discharge Detection and Elimination, Construction Sites Stormwater Runoff Control, and Post-Construction Stormwater Management in New Development and Redevelopment. The CDPS Phase II Stormwater Discharge Permit includes requirements for MS4s to control erosion and sedimentation from construction activities and has identified:
(1) 
Procedures for site planning.
(2) 
Requirements for selection, implementation, installation and maintenance of best management practices (BMPs).
(3) 
Procedures for site inspection and enforcement.
Requirements and procedures for these items are addressed by this manual.
(Res. 40-08 (§ 1502), 3-19-08)
All stormwater discharges from construction sites disturbing 1.0 acres or more shall meet the following standards:
(a) 
Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality.
(b) 
Concrete wash water shall not be discharged to State waters or to storm sewer systems. On-site permanent disposal of concrete washout waste is not authorized. Discharge to the ground of concrete washout waste that will subsequently be disposed of off-site is authorized.
Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be authorized; provided, that:
(1) 
The source is identified in the construction SWMP;
(2) 
BMPs are included in the construction SWMP to prevent pollution of groundwater; and
(3) 
These discharges do not leave the site as surface runoff or to surface waters.
(c) 
Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent any spilled material from entering State waters.
(d) 
All site wastes must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the site. All site wastes must be properly managed to prevent potential pollution of State waters.
(e) 
Off-site vehicle tracking of sediments shall be minimized.
(f) 
Land disturbances shall be conducted in a manner to effectively reduce accelerated soil erosion and sedimentation.
(g) 
Discharges to the ground of water from construction dewatering activities may be authorized; provided, that:
(1) 
The source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42;
(2) 
The source is identified in the construction SWMP;
(3) 
BMPs are included in the construction SWMP; and
(4) 
These discharges do not leave the site as surface runoff or to surface waters.
(Res. 40-08 (§ 1503.1), 3-19-08)
The stormwater management plan (SWMP) prepared for the WQCD as a condition of the stormwater construction permit shall include as a minimum both structural and nonstructural measures. Facilities must select, install, implement, and maintain appropriate BMPs following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. The primary goal of the construction SWMP is to reduce erosion at the source, followed by trapping eroded materials before they leave the site. The construction SWMP shall include, as a minimum, the following (see GJMC § 28.60.110 for detailed construction SWMP requirements):
(a) 
BMPs are required to control erosion at the source, such as those that stabilize earth disturbances with vegetation or mulch after grading is substantially complete on any portion of the site not otherwise permanently stabilized. Typical examples include surface roughening (Symbol SR, Figure 28.60.040(a)), mulching (Symbol MU, Figure 28.60.040(b)) and vehicle tracking control (Symbol VTC, Figure 28.60.040(c)). Other control methods not shown include installation of blankets, straw wattles, tackifiers, netting, and matting.
(b) 
BMPs are required to trap sediment before it leaves the site or enters the municipal storm sewer system, whichever comes first. Such BMPs shall be installed prior to initiating earth disturbances. Typical examples include check dams (Symbol CD, Figure 28.60.040(d)), inlet protection (Symbol IP, Figure 28.60.040(e)), sediment basin (Symbol SB, Figure 28.60.040(f)), and silt fence (Symbol SF, Figure 28.60.040(g)).
(c) 
BMPs are required to prevent spills of petroleum products and other chemicals and contain storm runoff from construction wastes to a designated area, if applicable. See GJMC § 28.64.140, BMPs for industrial and commercial activities, for examples.
(d) 
Construction sequencing for all BMPs is required to reduce the duration a disturbed area is exposed. Temporary disturbed areas shall be exposed no longer than 30 days. Disturbed areas that are to be permanently stabilized shall be exposed no longer than seven days.
(e) 
BMPs are required to capture and retain runoff from equipment washing operations, such as cleaning of concrete trucks. See GJMC § 28.46.140, BMPs for industrial and commercial activities, for examples.
(f) 
Program and schedule for regular inspection and maintenance of BMPs.
FIGURE 28.60.040(a)
FIGURE 28.60.040(b)
FIGURE 28.60.040(c)
FIGURE 28.60.040(d)
FIGURE 28.60.040(e)
FIGURE 28.60.040(f)
FIGURE 28.60.040(g)
(Res. 40-08 (§ 1503.2), 3-19-08)
Criteria for selection and design of BMPs can be found in the following documents:
(a) 
Colorado Department of Transportation 2002.
Erosion Control and Stormwater Quality Guide. This document is available in .pdf format at:
http://www.dot.state.co.us/environmental/envWaterQual/wqms4.asp
CAD drawings for BMPs are also available at CDOT website.
(b) 
Urban Drainage and Flood Control District (UDFCD) 1999.
Urban Storm Drainage Criteria Manual, Volume 3 – Best Management Practices. This can be found at:
http://www.udfcd.org/downloads/down_critmanual.htm
(c) 
EPA 2002.
Consideration in the Design of Treatment Best Management Practices (BMP) to Improve Water Quality. EPA 600 R-03/103. This document is available in .pdf form at the following website:
http://www.epa.gov/ORD/NRMRL/pubs/600r03103/600r03103chp5.pdf
(d) 
City of Grand Junction August 2005.
Standard Contract Documents for Capital Improvement Projects. This document is available in .pdf form at:
http://www.gjcity.org/citydeptwebpages/publicworksandutilities/engineering/standardcontractdocuments.htm.
(e) 
The BMPs presented in the documents referenced above shall be used in the preparation of the construction SWMP (See GJMC § 28.60.110), except as modified as follows. Use of alternate BMPs not specified above is subject to approval by the local jurisdiction.
(1) 
Where stormwater is within a swale and a silt fence is used to trap sediment, the silt fence is to be reinforced such as with straw bales, or a double silt fence arrangement.
(2) 
Straw bales to trap sediment shall not be used when stormwater is concentrated in a swale, or a channel (see Chapter 28.32 GJMC).
See Figures 28.60.050(a) and 28.60.050(b) for list of construction BMPs and map symbols for the erosion control plan.
FIGURE 28.60.050(a)
FIGURE 28.60.050(b)
(Res. 40-08 (§ 1503.3), 3-19-08)
(a) 
Mesa County.
The construction SWMP shall be reviewed in accordance with this chapter of the manual and a stormwater construction permit will be issued after:
(1) 
The WQCD issues a permit for stormwater discharges associated with construction activity. Note that the application to the WQCD may occur before the application to the County, but the WQCD permit must be received by the County before the County will approve the construction SWMP and issue a construction stormwater permit. The County permit is not needed within the City of Grand Junction limits.
(2) 
Approval of the construction stormwater management plan, which includes written and graphical descriptions of construction erosion control measures, and a certification (see GJMC § 28.60.110).
(3) 
Submittal of proper collateral, if required.
(4) 
Written notice from construction stormwater permit holder that initial construction BMPs will be installed prior to any land disturbance.
(b) 
City of Grand Junction.
The construction SWMP shall be reviewed in accordance with this chapter of the manual and a Grand Junction construction stormwater permit will be issued after:
(1) 
The WQCD issues a permit for stormwater discharges associated with construction activity. Note that the application to the WQCD may occur before the application to the City, but the WQCD permit must be received by the City before the City will approve the construction SWMP and issue a construction stormwater permit.
(2) 
Approval of the construction stormwater management plan, which includes written and graphical descriptions of construction erosion control measures, and a certification (see GJMC § 28.60.110).
(3) 
Submittal of proper collateral, if required.
(4) 
Written notice from construction stormwater permit holder that initial construction BMPs will be installed prior to any land disturbance.
(5) 
In addition, the City may require a construction stormwater permit if the development disturbs less than 1.0 acres and if:
(i) 
The City determines that the development is on steep slopes, may contribute to a violation of water quality standards, or may be a significant source of pollutants; or
(ii) 
The development is in close proximity to a wetland, water body or waterway.
(c) 
Other Jurisdictions.
The City of Fruita, the Town of Palisade, and the Grand Junction Drainage District do not require a separate construction related permit, but the owner/operator must obtain a stormwater construction permit from the WQCD, which requires preparation of a construction stormwater management plan. A copy of the WQCD stormwater permit shall be provided to the local jurisdiction.
(Res. 40-08 (§ 1504), 3-19-08)
Variances/exceptions from stormwater permitting may be granted for the following conditions (check with local jurisdictions). The variance/exception from permitting does not relieve the owner/operator from meeting discharge limitations described in GJMC § 28.60.030, Standards and requirements – Stormwater discharge limitations, or from those in Chapter 13.28 GJMC within the City’s jurisdiction.
(a) 
Land disturbance activities in areas where the topography would prohibit runoff from leaving the site or entering a waterway.
(b) 
Agricultural and silviculture activities such as home gardening and tilling a field for weed control.
(c) 
Maintenance activities, such as regrading a dirt road, relandscaping a lawn, cleaning out roadside ditches, and other land disturbances that do not alter original line and grade, hydraulic capacity or original purpose.
(d) 
Repaving a roadway, providing that underlying and/or surrounding soil is not cleared, graded, excavated or otherwise disturbed.
(e) 
For small construction activity (i.e., from one to five acres of earth disturbance) based on the rainfall erosivity factor (i.e., the R Factor) (see Colorado Discharge Permits System Regulation No. 61 @ 61.3(2)(f)(ii)(B)) and duration of the exposed disturbance. To obtain a waiver from the CDPS construction general permit, the applicant must submit calculations to the WQCD (see “Policy on the State Approved Method for Calculating the Rainfall Erosivity Factor”) which can be obtained in .pdf form by searching for “erosivity factor” in the website:
http://www.cdphe.state.co.us/index.html
(f) 
The following activities provided the land disturbance is less than one acre and are not part of a larger common plan of development or sale:
(1) 
Grading or an excavation below finished grade for basements, footings, retaining walls, or other structures on plots unless otherwise required by the International Building Code.
(2) 
A sidewalk or driveway authorized by a valid permit.
(3) 
Gravel, sand, or soil removal as authorized.
(Res. 40-08 (§ 1505), 3-19-08)
Upon approval of the construction SWMP (See GJMC § 28.60.060, Stormwater permit), a stormwater permit will be issued to the applicant, which requires:
(a) 
Inspector.
The owner/operator shall retain a qualified erosion control specialist to perform inspections of the BMPs in the construction SWMP and determine if the construction is in accordance with the construction SWMP.
(b) 
Inspections.
The site perimeter, all disturbed areas, material and/or waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to State waters. All erosion and sediment control practices identified in the construction SWMP shall be evaluated to ensure that they were properly installed and are being maintained and operated correctly.
(c) 
Inspection Frequency.
The inspector shall perform inspections at least once every 14 days and within 24 hours after the end of a precipitation or snowmelt event that causes surface erosion on the site.
(d) 
Inspection Reporting.
The inspector shall prepare inspection reports and submit a copy of all inspection reports and any changes to the construction SWMP to Mesa County within five working days of the inspection. Inspection results shall be logged on forms provided, site conditions noted, and any changes to the construction SWMP shall be documented.
The permittee shall keep a record of inspections. Inspection reports must identify any incidents of noncompliance with the terms and conditions of this permit. Inspection records must be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection report must include:
(1) 
The inspection date;
(2) 
Name(s) and title(s) of personnel making the inspection;
(3) 
Location(s) of discharges of sediment or other pollutants from the site;
(4) 
Location(s) of BMPs that need to be maintained;
(5) 
Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
(6) 
Location(s) where additional BMPs are needed that were not in place at the time of inspection;
(7) 
Deviations from the minimum inspection schedule as provided in subsection (c) of this section;
(8) 
Description of corrective action for subsections (d)(3) through (6) of this section, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the construction SWMP, as necessary; and
(9) 
After adequate corrective action(s) has been taken, or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer’s knowledge and belief.
(e) 
Changes to Construction SWMP.
The permittee shall amend the construction SWMP:
(1) 
When there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs; or
(2) 
If the construction SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity; or
(3) 
When BMPs are no longer necessary and are removed.
(4) 
Construction SWMP changes shall be made prior to changes in the site conditions, except as allowed for in the paragraph below. Construction SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices. The construction SWMP changes may include a schedule for further BMP design and implementation; provided, that if any interim BMPs are needed to comply with the permit, they are also included in the construction SWMP and implemented during the interim period.
Construction SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions, or when current BMPs are determined ineffective. The majority of construction SWMP revisions to address these changes can be made immediately with quick in-the-field revisions to the construction SWMP. In the less common scenario where more complex development of materials to modify the construction SWMP is necessary, construction SWMP revisions shall be made in accordance with the following requirements:
(i) 
The construction SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site; and
(ii) 
A notation must be included in the construction SWMP prior to the site change(s) that includes the time and date of the change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s).
(f) 
Substantial Completion.
For construction sites that are substantially complete but where final stabilization is not complete, additional inspections shall be conducted at no less than once a month until final stabilization is achieved. These inspections shall include the perimeter of the site, disturbed areas, and material storage areas exposed to precipitation for evidence of, or potential for, the discharge of pollutants to the drainage system.
(g) 
Final Completion.
For construction sites where final stabilization has been achieved, the inspector shall:
(1) 
Provide certification from the engineer of record that the stormwater volume capacity of any detention site has been restored to the design condition prior to turning over maintenance responsibility to an owners’ association.
(2) 
Submit to the County the final inspection report, final construction SWMP, and certification that the project is completed in accordance with the construction SWMP.
The construction stormwater permit will be released after final stabilization has taken place, as certified by the qualified erosion control specialist.
(h) 
Enforcement.
Mesa County will audit 10 percent of all construction sites to verify that inspections have been conducted, that the construction SWMP is current and is addressing erosion and sedimentation concerns.
If Mesa County determines that inspections are not being conducted in accordance with this manual, they will notify the inspector and the permit holder by mail, and will require the deficiencies be corrected within the stated time frame. If deficiencies are not corrected within 30 days of the first notice of a deficiency, enforcement measures for the stormwater permit, such as required changes to the construction SWMP, stop work orders, and fines, will be implemented, in accordance with requirements of the Land Development Code.
(Res. 40-08 (§ 1506.1), 3-19-08)
Inspection and enforcement of construction BMPs will be performed by the City in accordance with Chapter 13.28 GJMC and as amended.
Upon approval of the construction SWMP (See GJMC § 28.60.060, Stormwater permit), a stormwater permit will be issued to the applicant, which requires:
(a) 
Inspection Frequency.
The owner/operator shall inspect all BMPs at least once every 14 days, and after any precipitation or snowmelt event that causes surface erosion. The owner/operator must provide consent to the City for the City to inspect any BMP without advance notice or permission from the owner/operator.
(b) 
Inspections.
Inspections shall include proper installation and maintenance of all BMPs, the perimeter of the site, disturbed areas, and material storage areas exposed to precipitation and shall be conducted for evidence of, or potential for, the discharge of pollutants to the drainage system.
(c) 
Inspection Reporting.
Inspection results shall be logged on forms provided, site conditions noted, and any changes to the construction SWMP shall be documented. Based upon inspections performed by the owner/operator or by authorized City personnel, modifications to the construction SWMP shall be necessary if at any time the specified BMPs do not meet the objectives of Chapter 13.28 GJMC.
The permittee shall keep a record of inspections. Inspection reports must identify any incidents of noncompliance with the terms and conditions of this permit. Inspection records must be retained for three years from expiration or inactivation of permit coverage. At a minimum, the inspection report must include:
(1) 
The inspection date;
(2) 
Name(s) and title(s) of personnel making the inspection;
(3) 
Location(s) of discharges of sediment or other pollutants from the site;
(4) 
Location(s) of BMPs that need to be maintained;
(5) 
Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
(6) 
Location(s) where additional BMPs are needed that were not in place at the time of inspection;
(7) 
Deviations from the minimum inspection schedule as provided in subsection (a) of this section;
(8) 
Description of corrective action for subsections (c)(3) through (6) of this section, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the construction SWMP, as necessary; and
(9) 
After adequate corrective action(s) has been taken, or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer’s knowledge and belief.
(d) 
Changes to Construction SWMP.
If major modification to the construction SWMP is required, such as addition or deletion of a sediment basin, the owner/operator shall meet and confer with authorized City personnel to determine the nature and extent of modification(s). Minor modifications necessary to meet the objectives of Chapter 13.28 GJMC and as amended may be performed without City authorization. All approved modification(s) shall be completed in a timely manner. All modification(s) shall be recorded on the owner/operator’s copy of the construction SWMP. In the case of an emergency, the contractor shall implement conservative BMPs and follow up with City personnel the next working day.
The permittee shall amend the construction SWMP:
(1) 
When there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs; or
(2) 
If the construction SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity; or
(3) 
When BMPs are no longer necessary and are removed.
(4) 
Construction SWMP changes shall be made prior to changes in the site conditions, except as allowed for in the paragraph below. Construction SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices. The construction SWMP changes may include a schedule for further BMP design and implementation; provided, that if any interim BMPs are needed to comply with the permit, they are also included in the construction SWMP and implemented during the interim period.
Construction SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions, or when current BMPs are determined ineffective. The majority of construction SWMP revisions to address these changes can be made immediately with quick in-the-field revisions to the construction SWMP. In the less common scenario where more complex development of materials to modify the construction SWMP is necessary, construction SWMP revisions shall be made in accordance with the following requirements:
(i) 
The construction SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site; and
(ii) 
A notation must be included in the construction SWMP prior to the site change(s) that includes the time and date of the change(s) in the field, an identification of the BMP(s) removed or added, and the location(s) of those BMP(s).
(e) 
Substantial Completion.
For construction sites that are substantially complete but where final stabilization is not complete, additional inspections shall be conducted at no less than once a month until final stabilization is achieved. These inspections shall include the perimeter of the site, disturbed areas, and material storage areas exposed to precipitation for evidence of, or potential for, the discharge of pollutants to the drainage system.
(f) 
Final Completion/Inactivation.
For construction sites where final stabilization has been achieved, the inspector shall:
(1) 
Provide certification from the engineer of record that the stormwater volume capacity of any detention site has been restored to the design condition prior to turning over maintenance responsibility to an owners’ association.
(2) 
Submit to the City the final inspection report, final construction SWMP, and certification that the project is completed in accordance with the construction SWMP.
(3) 
Provide a copy of the CDPHE inactivation notice for construction stormwater discharge general permit certification.
The construction stormwater permit will be released after final stabilization has taken place, as certified by the qualified erosion control specialist.
(g) 
Enforcement.
The City of Grand Junction has the right to enter the premises at any time to investigate if the discharger is complying with all the requirements of the construction SWMP, in accordance with GJMC § 13.28.040.
(h) 
Upset Condition.
An upset condition determination constitutes an affirmative defense to an action brought for noncompliance when the terms of the construction SWMP are met. An owner/operator who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) 
An upset occurred and that the cause(s) of the upset can be identified;
(2) 
The facility or operation was at the time being properly operated;
(3) 
Notice of the upset was submitted as required in GJMC § 13.28.020(d); and
(4) 
Remedial measures were complied with as required.
In any enforcement proceeding, the one seeking to establish the occurrence of an upset has the burden of proof.
(Res. 40-08 (§ 1506.2), 3-19-08)
The construction SWMP shall be prepared by a qualified erosion control specialist in accordance with good hydrologic and pollution control practices. A current copy of the construction SWMP must be on the site at all times.
The construction SWMP shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity. The construction SWMP shall also describe and ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with construction activity. Construction operations must implement the provisions of the construction SWMP.
A checklist of items required for the construction SWMP is provided in Tables 28.60.110(a) and 28.60.110(b). The construction SWMP shall include the items in GJMC § 28.60.120 through 28.60.180, at a minimum.
TABLE 28.60.110(a)
TABLE 28.60.110(b)
(Res. 40-08 (§ 1507), 3-19-08)
Each plan shall provide a description of the following:
(a) 
A description of the nature of the construction activity.
(b) 
The proposed sequence for major activities.
(c) 
Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or grading.
(d) 
A summary of any existing data used in the development of the site construction plans or construction SWMP that describe the soil or existing potential for soil erosion.
(e) 
A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. Photos of the existing vegetation may be useful to determine if final stabilization has occurred.
(f) 
The location and description of all potential pollution sources, including ground surface disturbing activities, vehicle fueling, storage of fertilizers or chemicals, etc.
(g) 
The location and description of any anticipated nonstormwater components of the discharge, such as uncontaminated springs, landscape irrigation return flow, and construction dewatering.
(h) 
The name of the receiving water(s) and the size, type and location of any outfall(s). If the discharge is to a municipal separate storm sewer, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s).
(Res. 40-08 (§ 1507.1), 3-19-08)
Each plan shall provide a generalized site map or maps which indicate:
(a) 
Construction site boundaries.
(b) 
All areas of soil disturbance.
(c) 
Areas of cut and fill.
(d) 
Areas used for storage of building materials, soils or wastes.
(e) 
Location of any dedicated asphalt or concrete batch plants.
(f) 
Location of BMPs needed to address pollutant sources identified in GJMC § 28.60.140.
(g) 
Location of springs, streams, wetlands and other surface waters.
(h) 
Stormwater discharge locations.
(Res. 40-08 (§ 1507.2), 3-19-08)
The construction SWMP must include a description of all stormwater management controls that will be implemented as part of the construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater management controls in the construction SWMP shall reflect the potential pollutants sources identified at the facility.
The description of stormwater management controls shall address the following components, at a minimum:
(a) 
Construction SWMP Administrator.
The construction SWMP shall identify a specific individual(s), position or title responsible for developing, implementing, maintaining, and revising the construction SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility’s construction SWMP.
(b) 
Identification of Potential Pollutant Sources.
All potential pollutant sources, including materials and activities, at a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The construction SWMP shall identify and describe those sources determined to have the potential to contribute pollutants to stormwater discharges, and the sources must be controlled through BMP selection and implementation, as required in subsection (c) of this section.
At a minimum, each of the following sources and activities shall be addressed in the construction SWMP. If the source or activity does not have the potential to contribute pollutant, it must be indicated in the construction SWMP:
(1) 
All disturbed and stored soils;
(2) 
Vehicle tracking of sediments;
(3) 
Management of contaminated soils;
(4) 
Loading and unloading operations;
(5) 
Outdoor storage activities (building materials, fertilizers, chemicals, etc.);
(6) 
Vehicle and equipment maintenance and fueling;
(7) 
Significant dust or particulate generating processes;
(8) 
Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.;
(9) 
On-site waste management practices (waste piles, liquid wastes, dumpsters, etc.);
(10) 
Concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment;
(11) 
Dedicated asphalt and concrete batch plants;
(12) 
Nonindustrial waste sources such as worker trash and portable toilets; and
(13) 
Other areas or procedures where potential spills can occur.
(c) 
Best Management Practices (BMPs) for Stormwater Pollution Prevention.
The construction SWMP shall identify and describe appropriate BMPs, including, but not limited to, those required by subsections (c)(1) through (8) of this section, that will be implemented at the facility to reduce the potential of the sources identified in subsection (b) of this section to contribute pollutants to stormwater discharges. The construction SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the construction SWMP to ensure proper implementation, operation and maintenance of the BMP.
(1) 
Structural Practices for Erosion and Sediment Control.
The construction SWMP shall clearly describe and locate all structural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or permanent sediment basins.
(2) 
Nonstructural Practices for Erosion and Sediment Control.
The construction SWMP shall clearly describe and locate, as applicable, all nonstructural practices implemented at the site to minimize erosion and sediment transport. Description must include interim and permanent stabilization practices, and site-specific scheduling for implementation of the practices. The construction SWMP should include practices to ensure that existing vegetation is preserved where possible. Nonstructural practices may include, but are not limited to: temporary vegetation, permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips, protection of trees, and preservation of mature vegetation.
(3) 
Phased BMP Implementation.
The construction SWMP shall clearly describe the relationship between the phases of construction, and the implementation and maintenance of both structural and nonstructural stormwater management controls. The construction SWMP must identify the stormwater management controls to be implemented during the project phases, which can include, but are not limited to, clearing and grubbing; road construction; utility and infrastructure installation; vertical construction; final grading; and final stabilization.
(4) 
Materials Handling and Spill Prevention.
The construction SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials that could contribute pollutants to runoff. Such procedures or significant materials could include: exposed storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the construction SWMP.
(5) 
Dedicated Concrete or Asphalt Batch Plants.
The construction SWMP shall clearly describe and locate all practices implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification.
(6) 
Vehicle Tracking Control.
The construction SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking and can include: minimizing site access, street sweeping or scraping, tracking pads, graveled parking areas, requiring that vehicles stay on paved areas on site, wash racks, contractor education, and/or sediment control BMPs, etc.
(7) 
Waste Management and Disposal, Including Concrete Washout.
(i) 
The construction SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes (liquid and solid), including concrete washout activities. Designated concrete washouts shall be identified in the field with signage.
(ii) 
The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants associated with the washing activity to stormwater runoff.
(iii) 
GJMC § 28.60.030(b) authorizes the conditional discharge of concrete washout water to the ground. The construction SWMP shall clearly describe and locate the practices to be used that will ensure that no washout water from concrete washout activities is discharged from the site as surface runoff or to surface waters.
(iv) 
Because pH is a pollutant of concern for washout activities, the soil must have adequate buffering capacity to result in protection of the groundwater standard, or a liner/containment must be used. The following management practices are recommended to prevent an impact from unlined pits to groundwater:
(A) 
The use of the washout site should be temporary (less than one year); and
(B) 
The washout site should not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands.
(8) 
Groundwater and Stormwater Dewatering.
(i) 
The construction SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations, wells, etc.
(ii) 
GJMC § 28.60.030 authorizes the conditional discharge of construction dewatering to the ground. For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit, the construction SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters.
(Res. 40-08 (§ 1507.3), 3-19-08)
The construction SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site, and any planned practices to control pollutants in stormwater discharges that will occur after construction operations have been completed at the site. The designs of post-construction BMPs, which are described in Chapter 28.64 GJMC, Post-Construction Stormwater Management, are included with the final drainage report (see GJMC § 28.12.060 through 28.12.100, final drainage report).
Final stabilization practices for obtaining a vegetative cover shall include, as appropriate: seed mix selection and application methods; soil preparation and amendments; soil stabilization practices (e.g., crimped straw, hydro mulch or rolled erosion control products); and appropriate sediment control BMPs as needed until final stabilization is achieved; etc.
Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established on all remaining pervious soil surfaces with an individual plant density of at least 70 percent of pre-disturbance levels and equivalent permanent, physical erosion reduction methods (buildings, asphalt, concrete, etc.) have been employed. This does not mean that 70 percent of total surface area of the site has been converted to impervious surfaces.
(Res. 40-08 (§ 1507.4), 3-19-08)
The plan shall include a description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the construction SWMP. GJMC § 28.60.080 through 28.60.100 describe inspection requirements.
(Res. 40-08 (§ 1507.5), 3-19-08)
The construction stormwater management plan shall include the following certification:
I hereby certify that the Construction Stormwater Management Plan for the construction of (name of Development) was prepared by me (or under my direct supervision) in accordance with the provisions of the Stormwater Management Manual for the owner/operators of (name of Development). I understand that the (Identify permitting agency) does not and will not assume liability for facilities designed by others.
Erosion Control Specialist
Date
(Res. 40-08 (§ 1507.6), 3-19-08)
The plan shall include the estimated total cost (purchase, installation and maintenance) of the required temporary soil erosion and sediment control measures to determine surety or bonding requirements for the proposed plan. Provide quantities and unit costs.
(Res. 40-08 (§ 1507.7), 3-19-08)
When a portion of a permitted site is sold to a new owner or operator, a permit certification must be in place that is held by the new owner/operator of the sold area. This may be accomplished in one of the following ways:
(a) 
Coverage under the Existing Certification.
Activities at the sold area may be covered under an existing permit for the project if the current permittee has contractual responsibility and operational control to address the impacts that construction activities at the sold area may have on stormwater runoff (including implementation of the construction SWMP for the sold area). Therefore, a legally binding agreement must exist assigning this responsibility to the permit holder on behalf of the new owner/operator for the sold area. It is necessary to notify the local jurisdiction in such case. Documentation of the agreement must be available upon request and the construction SWMP must be maintained to include all activities covered by the permit.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered under a permit that covers a larger area, which includes the sold lot. Developer Dan and Builder Bob may enter into a contract that assigns the responsibility for permit coverage and stormwater management to Developer Dan for Builder Bob’s lot. Developer Dan is also responsible for making sure his construction SWMP includes the activities on the lot. Developer Dan’s permit will continue to cover construction activities on Builder Bob’s lot.
(b) 
New Certification Issued – Reassignment.
A new permit may be issued to the new owner/operator of the sold area. The existing permittee and the new owner/operator must complete the reassignment form to remove the sold area from the existing permit and cover it under a new permit issued to the new owner/operator of the sold area. Both entities must have their construction SWMP in place that accurately reflects their current covered areas and activities.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered under a permit that covers a larger area, which includes the sold lot. For this example, Developer Dan and Builder Bob must jointly submit the reassignment form. Builder Bob will be issued a new permit for his lot and the lot will be removed from Developer Dan’s permit coverage. Prior to submittal of the reassignment form, Developer Dan must revise his construction SWMP to reflect the changes in his covered area and activities, and Builder Bob must develop his own construction SWMP to cover the area and activities for which he will obtain coverage. The reassignment form and associated instructions can be found in Chapter 28.68 GJMC, Standard Forms. The form and instructions can also be found at the CDPHE website:
http://www.cdphe.state.co.us/wq/PermitsUnit/stormwater/construction.html
under the “construction reassignment form” link.
(c) 
Amend Existing Permit Certifications.
In some cases, both parties (the original owner/operator and the new owner/operator of an area undergoing transfer of ownership) will already be permit holders for their portions of the overall project (i.e., at least two permits are issued for the project and cover both the party wishing to reassign coverage and the party wishing to accept coverage). When an additional area is transferred between the two parties, the permittees may amend their permits instead of completing the reassignment form. Both parties must separately provide a letter to the local jurisdiction that includes the revised information, removing the applicable area(s) from the original owner/operator’s permit certification, and adding the area(s) to the new owner/operator’s permit certification. The requests must cite both permit numbers. (Note: this request may be submitted jointly if it is signed by both entities.) This option will likely be used in cases where a developer and an owner/operator have already submitted a reassignment form, as discussed in subsection (b) of this section, where an initial transfer of lots has occurred, and then additional lots are transferred at a later date. Both entities must have a construction SWMP in place that accurately reflects their current covered areas and activities.
Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered under a permit that covers a larger area, which includes the sold lot. In addition, Builder Bob also holds a permit for other portions of the development which he already owns, and Builder Bob wishes to cover his new lot under this permit. Developer Dan submits a request to remove the lot from his permit and provides Builder Bob’s permit number that the lot will now be under which that lot will be covered. Builder Bob also submits a request to modify his permit to add the lot, and provides Developer Dan’s permit number under which the lot was previously covered. Developer Dan and Builder Bob must revise their construction SWMP to reflect the changes in their covered area and activities.
(d) 
Sale of Residence to Homeowner.
For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in subsections (d)(1) through (d)(5) of this section are met, coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the permittee’s certification. At such time, the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for inactivation of the original certification.
(1) 
The lot has been sold to the homeowner(s) for private residential use;
(2) 
The lot is less than 1.0 acres of disturbed area;
(3) 
All construction activity conducted by the permittee on the lot is completed;
(4) 
A certificate of occupancy (or equivalent) has been awarded to the home owner; and
(5) 
The construction SWMP has been amended to indicate the lot is no longer covered by permit.
Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be transferred or reassigned to a new owner or operator as described in subsections (a) through (c) of this section.
(Res. 40-08 (§ 1508), 3-19-08)
A checklist for the construction SWMP is provided in Tables 28.60.110(a) and 28.60.110(b). This checklist contains recommended report outline and contents for the construction SWMP. A copy of the completed checklist shall be bound with the construction SWMP.
Applicant is to identify with a check mark (“✓”) if information is provided with the appropriate submittal. If applicant believes information is not required, indicate with “n/a.” The submittal will be reviewed to determine if information is required and whether information must be submitted.
(Res. 40-08 (§ 1509), 3-19-08)