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<br /> <br /> 5 <br />amended by Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ. The permit regulates <br />stormwater discharges from construction sites which result in a Disturbed Soil Area (DSA) of one acre or <br />greater, and/or are smaller sites that are part of a larger common plan of development. <br />For all projects subject to the Construction General Permit (CGP), the applicant is required to hire a <br />Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD) to develop and implement <br />an effective SWPPP. All Project Registration Documents, including the SWPPP, are required to be <br />uploaded into the SWRCB’s on-line Stormwater Multiple Application and Report Tracking System <br />(SMARTS), at least 30 days prior to construction. <br />Waivers from CGP Coverage <br />Projects that disturb over 1.0 acre but less than 5 acres of soil, may qualify for waiver of CGP coverage. <br />This occurs whenever the R factor of the Watershed Erosion Estimate (=RxKxLS) in tons/acre is less <br />than 5. Within this CGP formula, there is a factor related to when and where the construction will take <br />place. This factor, the ‘R’ factor, may be low, medium or high. When the R factor is below the numeric <br />value of 5, projects can be waived from coverage under the CGP. <br />Construction activity that results in soil disturbances of less than one acre is subject to this CGP if there <br />is potential for significant water quality impairment resulting from the activity as determined by the <br />RWQCB. Operators of regulated construction sites are required to develop a SWPPP, to implement soil <br />erosion and pollution prevention control measures, and to obtain coverage under the CGP. <br />The CGP contains a risk-based permitting approach by establishing three levels of risk possible for a <br />construction site. Risk levels are determined during the planning, design, and construction phases, and <br />are based on project risk of generating sediments and receiving water risk of becoming impaired. <br />Requirements apply according to the Risk Level determined. For example, a Risk Level 3 (highest risk) <br />project would require compulsory stormwater runoff pH and turbidity monitoring, and pre- and post- <br />construction aquatic biological assessments during specified seasonal windows. <br />Section 401 Permitting. Under Section 401 of the CWA, any project requiring a federal license or permit <br />that may result in a discharge to a water of the United States must obtain a 401 Certification, which <br />certifies that the project will be in compliance with State water quality standards. The most common <br />federal permit triggering 401 Certification is a CWA Section 404 permit, issued by USACE. The 401 permit <br />certifications are obtained from the appropriate RWQCB, dependent on the project location, and are <br />required before USACE issues a 404 permit. <br />In some cases the RWQCB may have specific concerns with discharges associated with a project. As a <br />result, the RWQCB may prescribe a set of requirements known as Waste Discharge Requirements <br />(WDRs) under the State Water Code (Porter-Cologne Act). WDRs may specify the inclusion of additional <br />project features, effluent limitations, monitoring, and plan submittals that are to be implemented for <br />protecting or benefiting water quality. WDRs can be issued to address both permanent and temporary <br />discharges of a project. <br />2.3 Regional and Local Requirements <br />Santa Ana Regional Water Quality Control Board <br />The SWRCB carries out its water quality protection authority through the adoption of Water Quality <br />Control Plans (Basin Plans). These plans establish water quality standards for particular bodies of water.