Form AEMS148 "Low Erosivity Waiver for Storm Water Discharges Associated With Construction Activity on Sites of One to Five Acres and Sites of Five or More Acres Under the Agpdes Odaff 2017 Construction General Permit (Cgp)" - Oklahoma

What Is Form AEMS148?

This is a legal form that was released by the Oklahoma Department of Agriculture Food and Forestry - a government authority operating within Oklahoma. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2020;
  • The latest edition provided by the Oklahoma Department of Agriculture Food and Forestry;
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  • Fill out the form in our online filing application.

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Download Form AEMS148 "Low Erosivity Waiver for Storm Water Discharges Associated With Construction Activity on Sites of One to Five Acres and Sites of Five or More Acres Under the Agpdes Odaff 2017 Construction General Permit (Cgp)" - Oklahoma

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AEMS148
7/2020
Low Erosivity Waiver Certification
Oklahoma Department of Agriculture, Food, and Forestry
FORM
Low Erosivity Waiver for Storm Water Discharges Associated with CONSTRUCTION
ACTIVITY on Sites of One to Five Acres and Sites of Five or More Acres Under the
AEMS 148
AgPDES ODAFF 2017 Construction General Permit (CGP)
This form provides notice to ODAFF that you, the project operator identified in Section I of this form, are certifying that construction activity at the
project site identified in Section II, will take place during a period when the rainfall erosivity factor is less than five [40 CFR 122.26(b)(15)(i)(A)]. If
a complete and accurate form is submitted and approved by ODAFF, the otherwise applicable AgPDES permitting requirements for stormwater
discharges associated with construction activity are waived. If granted, a waiver is applicable for the period beginning on the date this Low
Erosivity Waiver Form is sent to ODAFF (e.g., postmark date), or the project start date specified in Part III of this form, whichever shall occur last,
and ending on the project completion date specified in Part III. Refer to the instructions at the end of this form for more details.
I.
Facility Owner/Operator Information (If you are a Co-permittee check this box
)
Name: __________________________________________________________Phone: (_______)_________________
Fax: (______)_________________
Address: _____________________________________________________________ Status of Owner/Operator: __________
City: _______________________________ State: ______ Zip Code: __________ E-mail: ___________________________________
II. Construction Project/Site Information
Name of the project _________________________________________________
Address ___________________________________ City__________________ County _________________ZIP Code __________
Telephone No.(_______)______________________ Location: Latitude __________________ Longitude _____________________
Legal Description_______________________________________________________________
Latitude and Longitude (use one of the following formats)
1. Degrees, minutes, seconds (e.g., 76°, 30΄, 45˝)
Latitude: __ __°__ __’__ __” N
Longitude: __ __°__ __’__ __” W
2. Degrees, minutes with 2 decimal places (e.g., 76° 30.75’)
Latitude: __ __°__ __’__ __” N
Longitude: __ __°__ __’__ __” W
3. Degrees, minutes with 4 decimal places (e.g., 76.5125°)
Latitude: __ __°__ __’__ __” N
Longitude: __ __°__ __’__ __” W
Estimated area to be disturbed to the nearest quarter acre _______________
Is this facility/site on Indian Country land? __No __Yes
(if Yes See Instructions)
III. Rainfall Erosivity Factor Calculation Data
Project start date: __ __ / __ __ / __ __ __ __
Project Completion Date: __ __ / __ __ / __ __ __ __
Are interim non-vegetative site stabilization measures used to establish the project completion date for purposes of obtaining this
waiver?
___ Yes ___No
Rainfall erosivity factor (R factor): __.__ __
Note: To qualify for this waiver, the construction activity must take place during a period when the R factor is less than five.
Rainfall erosivity factor was calculated by using: ___ Online Calculator
___ EPA Fact Sheet 3-1
___ USDA Handbook 703
IV. Certification
I certify under penalty of law that: (1) construction activity at the project or site specified in Part II shall disturb less than five acres and
shall take place during a period when the rainfall erosivity factor is less than five, (2) final stabilization will be completed as defined in the
Construction General Permit, and (3) this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Further, if interim non-
vegetative measures are used to establish the end of the construction period for the purposes of obtaining this waiver, I commit to
periodically inspect and properly maintain the area until the criteria for final vegetative stabilization have been met.
Name (Please Print):__________________________________________________ Date: ______________________
Signature:_______________________________________________________Title_______________________________________
Instructions
Low Erosivity Waiver Certification
AEMS148
7/2020
Low Erosivity Waiver Certification
Oklahoma Department of Agriculture, Food, and Forestry
FORM
Low Erosivity Waiver for Storm Water Discharges Associated with CONSTRUCTION
ACTIVITY on Sites of One to Five Acres and Sites of Five or More Acres Under the
AEMS 148
AgPDES ODAFF 2017 Construction General Permit (CGP)
This form provides notice to ODAFF that you, the project operator identified in Section I of this form, are certifying that construction activity at the
project site identified in Section II, will take place during a period when the rainfall erosivity factor is less than five [40 CFR 122.26(b)(15)(i)(A)]. If
a complete and accurate form is submitted and approved by ODAFF, the otherwise applicable AgPDES permitting requirements for stormwater
discharges associated with construction activity are waived. If granted, a waiver is applicable for the period beginning on the date this Low
Erosivity Waiver Form is sent to ODAFF (e.g., postmark date), or the project start date specified in Part III of this form, whichever shall occur last,
and ending on the project completion date specified in Part III. Refer to the instructions at the end of this form for more details.
I.
Facility Owner/Operator Information (If you are a Co-permittee check this box
)
Name: __________________________________________________________Phone: (_______)_________________
Fax: (______)_________________
Address: _____________________________________________________________ Status of Owner/Operator: __________
City: _______________________________ State: ______ Zip Code: __________ E-mail: ___________________________________
II. Construction Project/Site Information
Name of the project _________________________________________________
Address ___________________________________ City__________________ County _________________ZIP Code __________
Telephone No.(_______)______________________ Location: Latitude __________________ Longitude _____________________
Legal Description_______________________________________________________________
Latitude and Longitude (use one of the following formats)
1. Degrees, minutes, seconds (e.g., 76°, 30΄, 45˝)
Latitude: __ __°__ __’__ __” N
Longitude: __ __°__ __’__ __” W
2. Degrees, minutes with 2 decimal places (e.g., 76° 30.75’)
Latitude: __ __°__ __’__ __” N
Longitude: __ __°__ __’__ __” W
3. Degrees, minutes with 4 decimal places (e.g., 76.5125°)
Latitude: __ __°__ __’__ __” N
Longitude: __ __°__ __’__ __” W
Estimated area to be disturbed to the nearest quarter acre _______________
Is this facility/site on Indian Country land? __No __Yes
(if Yes See Instructions)
III. Rainfall Erosivity Factor Calculation Data
Project start date: __ __ / __ __ / __ __ __ __
Project Completion Date: __ __ / __ __ / __ __ __ __
Are interim non-vegetative site stabilization measures used to establish the project completion date for purposes of obtaining this
waiver?
___ Yes ___No
Rainfall erosivity factor (R factor): __.__ __
Note: To qualify for this waiver, the construction activity must take place during a period when the R factor is less than five.
Rainfall erosivity factor was calculated by using: ___ Online Calculator
___ EPA Fact Sheet 3-1
___ USDA Handbook 703
IV. Certification
I certify under penalty of law that: (1) construction activity at the project or site specified in Part II shall disturb less than five acres and
shall take place during a period when the rainfall erosivity factor is less than five, (2) final stabilization will be completed as defined in the
Construction General Permit, and (3) this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Further, if interim non-
vegetative measures are used to establish the end of the construction period for the purposes of obtaining this waiver, I commit to
periodically inspect and properly maintain the area until the criteria for final vegetative stabilization have been met.
Name (Please Print):__________________________________________________ Date: ______________________
Signature:_______________________________________________________Title_______________________________________
Instructions
Low Erosivity Waiver Certification
AEMS148
7/2020
Who May Qualify for a Low Erosivity Waiver
Under the Agriculture Pollutant Discharge Elimination System (AgPDES) Program, operators of agricultural construction projects that
result in land disturbances equal to or greater than one acre, are required to obtain coverage under an AgPDES permit for stormwater
discharges associated with construction activity. ODAFF may waive the otherwise applicable permit requirements for stormwater
discharges from construction activities that disturb less than five acres if the construction activity will take place during a period when
the rainfall erosivity factor (R factor) is less than five. More information on the low erosivity waiver is available on the web in the
Construction Rainfall Erosivity Waiver Fact Sheet at https://www.epa.gov/npdes/construction-rainfall-erosivity-waiver-fact-sheet. For
questions related to completion of this form, you may contact ODAFF at (405) 522-5495.
Completing the Form
Type or print using uppercase letters in the appropriate areas only. Please place each character between the marks. Abbreviate if
necessary to stay within the number of characters allowed for each item. Use only one space for breaks between words, but not for
punctuation marks unless they are needed to clarify your response.
Section I. Operator Information
Each legal entity that meets ODAFF’s definition of “operator” (see definitions in Appendix A of ODAFF’s AgPDES Construction General
Permit) and that meets the eligibility conditions for the low erosivity waiver must file this form to have the permit requirements waived.
The operator is any party associated with a construction activity that meets either of the following two criteria: (1) the party has
operational control over construction plans and specifications, including the ability to make modifications to those plans and
specifications; or (2) the party has day-to-day operational control of those activities at a project that are necessary to ensure compliance
with the permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the permit). It is possible
that there will be more than one operator at a site and, in such cases, each entity that meets the operator definition must complete a
Low Erosivity Waiver Certification. Provide the legal name of your firm, public organization, or other entity that operates the project
described in this waiver certification. Usually this will be a company or organization’s name but for construction activities undertaken by
you as an individual, this should be your name. Enter the operator’s complete mailing address and name of contact person, telephone
number and email who can answer questions about the site (e.g., a project or site manager). Optional: to facilitate communication,
provide a fax number for the contact person.
To determine whether ODAFF is the permitting authority for the construction project, and thus has authority to waive the otherwise
applicable requirements of the Construction General Permit, it is necessary to know whether the project is located in Indian country.
Section II. Construction Project/Site Information
Enter the official or legal name and complete street address, including city, state, zip code, and county or similar government
subdivision of the project or site. If the project lacks a street address, indicate the general location of the site (e.g., intersection of State
Highways 61 and 34).
The applicant must also provide the latitude and longitude of the approximate center of the project/site using one of three formats given
in the form. The latitude and longitude of your facility can be determined from several sources, including global positioning system
(GPS) receivers, U.S. Geological Survey (USGS) topographic or quadrangle maps, and others.
Enter the area (estimated to the nearest quarter acre) to be disturbed including, but not limited to: grubbing, excavation, grading, and
utilities and infrastructure installation. Note: 1 acre = 43,560 sq. ft.
Section III. Rainfall Erosivity Factor Calculation Data
The construction period begins with the initial earth disturbance and ends with final site stabilization. To qualify for this waiver, the
rainfall erosivity factor for the project must be less than five during the entire construction period. Specify the construction period by
entering the project start date (date of initial earth disturbance) and project completion date (date of final site stabilization). For example,
a grading contractor that is operating on-site for only one week during a nine month construction project, must enter the start date and
completion date of the entire nine month construction period.
ODAFF believes, where the environmental threat is low (i.e., in arid and semi-arid climates), that “final stabilization” can include
techniques that employ re-vegetation combined with other stabilization measures, consisting of temporary degradable rolled erosion
control products, also known as “erosion control blankets” (ECBs). With proper selection, design, and installation of the combination re-
vegetation/ECB technique in arid or semi-arid areas, an operator can be considered to have achieved final stabilization upon
completion of the installation process. Note that if more than three years is required to establish 70 percent of the natural vegetative
cover, this technique cannot be used or cited for fulfillment of the final stabilization requirement. If your waiver is based on use of interim
non-vegetative stabilization measures, such as erosion control blankets, to establish the end of the construction period, you must
indicate so on this form. In doing so, you must commit and certify (as a condition of waiver eligibility) to periodically inspect and properly
maintain the area until the criteria for final stabilization, as defined in the Construction General Permit, have been met.
AEMS148
7/2020
The rainfall erosivity factor "R" is determined in accordance with the U.S. Department of Agriculture Handbook Number 703, Predicting
Soil Erosion by Water: A Guide to Conservation Planning with the Revised Universal Soil Loss Equation (RUSLE), Chapter 2 pages 21-
64, dated January 1997. EPA's Construction Rainfall Erosivity Waiver Fact Sheet (EPA 833-F-00-014), available online at
https://www.epa.gov/npdes/construction-rainfall-erosivity-waiver-fact-sheet, defines rainfall erosivity and provides numerical examples
showing how to calculate your rainfall erosivity factor. You may use the fact sheet approach or the online rainfall erosivity factor
calculator available at:
https://www.epa.gov/npdes/rainfall-erosivity-factor-calculator-small-construction-sites
to calculate your rainfall
erosivity factor for your project.
If the R factor is five or greater during the project’s construction period, you must have or obtain coverage under an AgPDES
stormwater permit. If the project was eligible for the waiver during the original construction period, but the construction activity will
extend past the project completion date specified in the Low Erosivity Waiver Certification, the operator must recalculate the R factor
using the original start date and a new project completion date. If the recalculated R factor is still less than five, a new waiver
certification form must be submitted before the end of the original construction period. If the new R factor is five or greater, the operator
must submit a Notice of Intent to be covered by the Construction General Permit before the original project completion date. Prior to
December 21, 2020, the Notice of Intent (NOI) may be submitted to the Oklahoma Department of Agriculture, Food, and Forestry
(ODAFF) Agriculture Environmental Management Services (AEMS) Division using form AEMS093, which can be found at
www.ag.ok.gov/aems/agpdes.htm. After December 21, 2020, The NOI must be submitted electronically using ODAFF’s eNOI system
at www.ag.ok.gov/aems/agpdes.htm.
Section IV. Operator Certification
All Low Erosivity Waiver Certification forms must be signed as follows:
For a corporation: By a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (i)
president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who
performs similar policy-or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production,
or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing
other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager
can ensure the necessary systems are established or actions taken to gather complete and accurate information for permit application
requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate
procedures;
For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or
For a municipality, state, federal, or other public facility: By either a principal executive officer or ranking elected official. For purposes of
this Section, a principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior
executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Secretary of
Agriculture).
Include the name, title, and email address of the person signing the form and the signature date. An unsigned or undated Low Erosivity
Waiver Certification will not be considered valid.
Where to File This Form
If submitting the Low Erosivity Waiver Form (LEW) prior to December 21, 2020, the CAFO operator must prepare and submit the LEW
using ODAFF form AEMS148 available on ODAFF’s website (http://www.ag.ok.gov/aems/agpdes.htm). If submitting the LEW on or
after December 21, 2020, the operator must prepare and submit the LEW using ODAFF’s electronic Notice of Intent System (eNOI) on
ODAFF’s website (http://www.ag.ok.gov/aems/agpdes.htm) unless eNOI is otherwise unavailable or the operator has obtained a waiver
from the requirements to use eNOI for submission of the LEW. Operators waived from the requirement to use eNOI for LEW
submission must certify on the paper LEW submitted to ODAFF that use of eNOI will incur undue burden or expense compared to using
the paper LEW form and provide documentation of reasoning used for this determination. Paper LEW forms must be sent to the
following address:
Oklahoma Department of Agriculture, Food, and Forestry
AEMS Division
PO Box 528804
Oklahoma City, OK 73152
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