STORMWATER QUALITY
FACT SHEET

State of Colorado regulations regarding stormwater discharges from construction activities that disturb at least 5 acres of land* have been in effect since October 1, 1992 as part of the Federal Clean Water Act, National Pollutant Discharge Elimination System. The regulation requires persons responsible for the disturbance to obtain a stormwater discharge permit associated with construction activities through the Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division (WQCD) before construction.

The more stringent State of Colorado regulations requiring stormwater discharge permits for construction activities that disturb at least 1 acre of land* have been enacted since July 1, 2002.

Since October 1, 2003, as part of State of Colorado requirements, the City of Durango has implemented a City of Durango Stormwater Quality Permit system for construction activities disturbing at least ½ acre of land*, ½-acre less than set by the State.

REQUIREMENTS

The following are requirements for obtaining a Stormwater Quality Permit from the City of Durango for construction activities disturbing at least 1/2 acre of land*.

• Submit a City of Durango Stormwater Quality Permit application. The owner of the property where the construction activity will take place must submit an application at least 10 days prior to the anticipated date of discharge (start of construction). A copy of the site’s Stormwater Management Plan (SWMP) must be submitted and approved before the permit is activated.
• Prior to commencement of construction, the SWMP must be implemented for the construction site covered by the permit. The goal of a SWMP is to improve water quality by reducing pollutants in stormwater discharges through the implementation and maintenance of best management practices (BMPs). The operator must keep a copy of the SWMP on the construction site for ready availability so that City inspectors can review it during an inspection. A guidance document for preparing a SWMP is online or by calling (970) 375-4800.
• SWMP field inspections of erosion control measures must be performed every 14 days and after any precipitation or snowfall event that causes surface erosion for active sites. At sites where construction has been completed but a vegetative cover has not been established inspections must occur at least once per month. Maintenance on such erosion control measures is required by the permit and must occur at least 7 calendar days after the inspection. The SWMP must be changed to reflect any changes or modifications to the plan in the field.
• The permit will be inactivated when the site is finally stabilized and the City approves an inactivation notice, which has been submitted by the permittee. Final stabilization is reached when all soil disturbing activities at the site have been completed and uniform vegetative cover has been established with a density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. The City recommends that the permittee. should photograph the pre-disturbance vegetation of the site for documentation prior to commencement of construction activities.

Listed below are differences in the State and City’s stormwater discharge permit systems:

Financial Security Requirement

A financial security requirement will be required for all stormwater quality permits covering the items included in the SWMP used to control off site erosion. The financial security requirement for each site must be estimated in the application and will be included with the public improvements agreement for the site. The amount of the security shall be based upon the estimated cost of the work required to ensure compliance and completion of the permit’s conditions and requirements. If the permittee does not successfully complete all required work or violates any requirement of the permit, the City may take corrective measures and charge the cost of such to the permittee.

Qualifying Local Program Status

On July 8, 2004, the City of Durango was granted Qualifying Local Program (QLP) status by the CDPHE-WQCD for the City's Stormwater Quality Permit system. The QLP status gives the City authority to administer the permitting requirements for disturbed land under 5-acres (small construction site designation) for the CDPHE-WQCD. Therefore, sites disturbing land between 1 to 5 acres are not required to obtain a CDPS stormwater discharge permit, but rather are automatically covered under the CDPS through the City's Stormwater Quality Permit system. The automatic coverage under the CDPS maintains the CDPHE-WQCD's jurisdiction for compliance and enforcement of the construction activity. However, any construction activity disturbing 5 or more acres is required to obtain a CDPS stormwater discharge permit from the CDPHE-WQCD in addition to the City of Durango Stormwater Quality Permit.

Penalties

Failure to obtain a City of Durango Stormwater Quality Permit or comply with any terms and/or conditions of the permit shall be in violation of the City of Durango Code of Ordinances. Penalties for such violations include compliance orders, suspension or revocation of permit, stop work orders and civil proceedings.

If you have any questions, call (970) 375-4815 or email the Public Works Department.

* Or is part of a larger common plan of development or sale that will disturb at least the minimum land area.