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Newport News MS4 stormwater discharge permit VA0088641 — 2024–2029

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Permit No. VA0088641 Page 27 of 42 j) Prior to submittal of the action plan required in Part I.D.1.i), the permittee shall provide an opportunity for public comment on the additional BMPs proposed to meet the reductions not previously approved by the Department in the first phase Chesapeake Bay TMDL action plan for no less than 15 days. k) As part of the development of the Chesapeake Bay TMDL action plan, the permittee may consider use of the following: 1) Implementation of BMPs on unregulated lands, provided any necessary baseline reduction is not included toward meeting the required reduction in this permit; 2) Utilization of stream restoration projects, provided the credit applied to the required POC load reduction is prorated based on the ratio of regulated urban acres to total drainage acres upstream of the restored area; 3) Establishment of a memorandum of understanding (MOU) with other MS4 permittees that discharge to the same or adjacent eight digit hydrologic unit within the same basin to implement BMPs collectively. The MOU shall include a mechanism for dividing the POC reductions created by BMP implementation between the cooperative MS4s; and 4) Any BMPs installed after June 30, 2009 as part of a retrofit program may be applied towards meeting the required load reductions provided any necessary baseline reductions are not included. l) The permittee shall address any modification to the TMDL or watershed implementation plan that occurs during the term of this permit as a part of its permit reapplication as required in Part III.M of this permit. m) Chesapeake Bay TMDL action plan implementation. The permittee shall implement the TMDL action plan required in Part I.D.1.j) of this permit according to the schedule therein. Compliance with this requirement represents adequate progress for this permit term towards achieving TMDL wasteload allocations consistent with the assumptions and requirements of the TMDL. n) Specific Reporting Requirements. For each annual reporting period, the annual report shall include the following: 1) Any modifications to the Chesapeake Bay TMDL action plan made during the July 1 to June 30 reporting period. 2) Documentation identifying which BMPs were completed within the current annual reporting period. The following information shall also be included: (a) For BMPs used to meet the Chesapeake Bay TMDL requirements of Part I.D.1, the SWM facility unique identifier number, total acreage treated, total impervious and total pervious acreage treated, the pollutants of concern load reductions reported in pounds per year, the pollutant removal efficiencies and source of each efficiency, as well as proposed BMPs planned for implementation during the next reporting cycle. (b) For retrofit projects used to meet the Chesapeake Bay TMDL requirements of Part I.D.1, the type of land use being retrofitted, the existing stormwater management facility type before retrofit, if applicable, retrofit type used, retrofit performed, completion date or anticipated completion date, total acreage retrofitted, total impervious and total pervious acreage retrofitted, the SWM facility unique identifier number, and if applicable, the incremental reduction credit achieved with the retrofit (the incremental credit is defined as the difference between the existing SWM facility reduction credit and the retrofit reduction credit attained) including pre and post pollutant retrofit removal efficiencies and source of each efficiency.
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