Final FONSI and EA for hot cargo pad on Kirtland AFB - Kirtland Air ...

typically calls <strong>for</strong> restoration of riparian areas as one of the required management measures <strong>for</strong> achieving
reductions in nonpoint source pollutant loadings.
The USEPA issued a <strong>Final</strong> Rule <strong>for</strong> the CWA concerning technology-based Effluent Limitations
Guidelines <strong>and</strong> New Source Per<strong>for</strong>mance St<strong>and</strong>ards <strong>for</strong> the Construction <strong>and</strong> Development point source
category. All NPDES storm water permits issued by the USEPA or states must incorporate requirements
established in the <strong>Final</strong> Rule. As of February 1, 2010 all new construction (or demolition) sites that
disturb 1 acre or more of l<strong>and</strong> are required to meet the non-numeric effluent limitations <strong>and</strong> design,
install, <strong>and</strong> maintain effective erosion <strong>and</strong> sedimentation controls, which include:
Control storm water volume <strong>and</strong> velocity to minimize erosion
Control storm water discharges including both peak flow rates <strong>and</strong> total storm water volume
Minimize the amount of soil exposed during construction activities
Minimize the disturbance of steep slopes
Minimize sediment discharges from the site using controls that address factors such as the
amount, frequency, intensity <strong>and</strong> duration of precipitation, the nature of resulting storm water
runoff, <strong>and</strong> soil characteristics, including the range of soil particle sizes expected to be present on
the site
Provide <strong>and</strong> maintain natural buffers around surface waters, direct storm water to vegetated areas
to increase sediment removal <strong>and</strong> maximize storm water infiltration where feasible
Minimize erosion at outlets <strong>and</strong> downstream channel <strong>and</strong> stream bank erosion
Minimize soil compaction <strong>and</strong> preserve topsoil where feasible.
In addition, construction site owners <strong>and</strong> operators that disturb one or more acres of l<strong>and</strong> are required to
use BMPs to ensure that soil disturbed during construction activities does not pollute nearby water bodies.
Under the <strong>Final</strong> Rule <strong>for</strong> the CWA, USEPA is promulgating a series of non-numeric effluent limitations,
as well as a numeric effluent limitation <strong>for</strong> the pollutant turbidity. USEPA is phasing in the numeric
effluent limitation over 4 years to allow permitting authorities adequate time to develop monitoring
requirements <strong>and</strong> to allow the regulated community time to prepare <strong>for</strong> compliance with the numeric
effluent limitation. Effective August 1, 2011, construction activities disturbing a total of 20 or more acres
at one time, including non-contiguous l<strong>and</strong> disturbances that take place at the same time <strong>and</strong> are part of a
larger common plan of development, must comply with the numeric effluent limitation <strong>for</strong> turbidity in
addition to the non-numeric effluent limitations. The maximum daily turbidity limitation will be 280
nephelometric turbidity units. On February 2, 2014, construction site owners <strong>and</strong> operators that disturb
10 or more acres of l<strong>and</strong> at one time are required to monitor discharges from the site <strong>and</strong> comply with the
numeric effluent limitation. The USEPA’s limitations are based on its assessment of what specific
technologies can reliably achieve. Permittees can select management practices or technologies that are
best suited <strong>for</strong> site-specific conditions.
Section 438 of the Energy Independence <strong>and</strong> Security Act (EISA) (42 U.S.C. Section 17094) establishes
into law new storm water design requirements <strong>for</strong> Federal construction projects that disturb a footprint
greater than 5,000 square-feet of l<strong>and</strong>. EISA Section 438 requirements are independent of storm water
requirements under the CWA. The project footprint consists of all horizontal hard surfaces <strong>and</strong> disturbed
areas associated with the project development. Under these requirements, predevelopment site hydrology
must be maintained or restored to the maximum extent technically feasible with respect to temperature,
rate, volume, <strong>and</strong> duration of flow. Predevelopment hydrology shall be modeled or calculated using
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