An owner or operator of a small construction site shall be deemed to have a permit by rule for the purposes of the federal Clean Water Act, 33 U.S.C. § 1251 et seq., and the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., if the following conditions are met:
- (1) A completed notice of coverage must be posted at the site for automatic permit coverage prior to commencing construction; and
(2) A stormwater pollution prevention plan must be prepared in accordance with good engineering practices as follows:
- (A) Identify potential, site-specific sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction;
- (B) Identify, describe, and ensure the implementation of site-specific best management practices, with emphasis on initial site stabilization, which are to be used to reduce pollutants in stormwater discharges from the construction site;
- (C) Identify the responsible party for on-site stormwater pollution prevention plan implementation; and
(D) Develop a legible site map (or multiple maps, if necessary) complete to scale, showing the entire site, that identifies, at a minimum, the following:
- (i) Preconstruction topographic view;
- (ii) Direction of stormwater flow, i.e., use arrows to show which direction stormwater will flow, and approximate slopes anticipated after grading activities;
- (iii) Delineate on the site map areas of soil disturbance and areas that will not be disturbed;
- (iv) Location of major structural and nonstructural controls identified in the plan;
- (v) Location of main construction entrance and exit;
- (vi) Location where stabilization practices are expected to occur;
- (vii) Locations of off-site materials, waste, borrow area, or equipment storage area;
- (viii) Location of areas used for concrete wash-out;
- (ix) Location of all surface water bodies, including wetlands;
- (x) Locations where stormwater is discharged to a surface water and/or municipal separate storm sewer system if applicable;
- (xi) Locations where stormwater is discharged off site (should be continuously updated); and
- (xii) Location of areas where final stabilization has been accomplished and no further construction phase permit requirements apply.