Owner/Developer Respondents

Stormwater Management Including Discharges From Developed Sites Questionnaires (Revision)

2366supp02 - OwnerdevelopershortfinalversionforOMB8610

Owner/Developer Respondents

OMB: 2040-0282

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OMB Control No. 20XX-XXXX

Approval expires XX/XX/XX





United States Environmental Protection Agency



Stormwater Discharges from Developed Sites


Owner/Developer Short Questionnaire

8/6/2010

Final Version






Please return the completed response no later than [date for returning questionnaire]




An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number.


The public reporting and recordkeeping burden for this collection of information is estimated to average 16 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460, and to EPA Clean Water Act Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503. Include the OMB control number in any correspondence. Do not send the completed questionnaire to this address.


General Information

Purpose of the Questionnaire

Stormwater discharges from developed land can negatively impact water quality through increases in stormwater volume and increased pollutant loads to the receiving waters. To strengthen its stormwater regulations, EPA’s Office of Water (OW) is considering revisions to the current National Pollutant Discharge Elimination System (NPDES) regulations including the establishment of standards for the management of long term stormwater discharges from newly developed and redeveloped property.

To collect data to inform decisions regarding how the nation’s stormwater regulations should be strengthened and to support the technical and financial feasibility analyses associated with this rulemaking, EPA is sending the following questionnaire to entities believed to be owners or operators of point source discharges that are involved with new construction, development and redevelopment of residential, non-residential, industrial, and commercial properties and transportation projects. The questionnaire is specifically directed toward owners/operators of projects that were required to obtain NPDES permit coverage for stormwater discharges, or that would have been required to do so save for a site-specific waiver by the permitting authority (see Question 3 below). This questionnaire will provide EPA with information to:

  • Characterize current building and real estate improvement projects including type, location, and size;

  • Characterize the prevalence and type of stormwater controls implemented by point source dischargers at new development and redevelopment sites to control long term stormwater discharges. These controls include, but are not limited to, practices that retain, manage or infiltrate stormwater onsite (commonly referred to as low impact development practices, or LID) and more traditional stormwater practices (such as ponds); and

  • Characterize the operations and financial condition of businesses involved in construction, land development and redevelopment that could be subject to revised regulations.



Authority

EPA has the authority to administer this questionnaire under section 308 of the Clean Water Act, which provides that EPA may, “require the owner or operator of any point source to (i) establish and maintain such records, (ii) make such reports, … , and (v) provide such other information” as may be reasonably required to carry out the objectives of the Clean Water Act (Federal Water Pollution Control Act, 33 U.S.C. Section 1318). Participation in this questionnaire is mandatory for owners and operators of point sources, and you are required to respond. (If you are not the owner or operator of a point source, Question 3 in Section A gives you the opportunity to opt out of completing the questionnaire.) You must retain a copy of the completed questionnaire for your files. EPA may contact you with follow-up questions to clarify your answers. Late filing of the questionnaire, or failure to follow any related EPA instruction, may result in civil penalties or other sanctions provided by law as explained in Section 308 of the Clean Water Act (33 U.S.C., Section 1318).

When to Complete the Questionnaire

The response to this questionnaire must be received by EPA no more than 60 calendar days after receiving it.

If you wish to request an extension, you must do so in writing no later than one week prior to the due date of this questionnaire. Written requests may be e-mailed to Ms. Jan Matuszko at matuszko.jan@epa,gov. Submittal of an extension request does not alter the due date of your questionnaire unless and until EPA agrees to the extension and establishes a new date. EPA will respond to all timely requests for extensions before the due date.

Where to Return the Questionnaire

After completing the questionnaire and certifying the information that it contains, use the enclosed mailing label to mail the completed questionnaire to:


U.S. Environmental Protection Agency
Stormwater Owner/Developer Short Questionnaire
c/o Eastern Research Group, Inc.
14555 Avion Parkway, Suite 200
Chantilly, VA 20151

Certification Statement

The individual responsible for directing or supervising the preparation of the questionnaire must read and sign the Certification Statement printed below. The certifying official must be a responsible corporate official or his/her authorized representative. The signed certification must be returned with the completed survey.

Where to Get Help

If you have any questions regarding completion of this questionnaire EPA prefers you request assistance using EPA’s e-mail helpline provided below.


E-mail address for help line: _________________________________


Please include the name of the survey to which you are responding, the question number along with your questions. Respondents who desire assistance by telephone should send an e-mail with “Please Call Me” in the subject line. Please provide the call-back phone number, contact name, and desired day and time to call. The return phone call will be free of charge to the respondent. For pressing questions that require a more immediate response, please call ___________________.

Confidential Business Information

Regulations governing the confidentiality of business information are contained in the Code of Federal Regulations (CFR) at Title 40 Part 2, Subpart B. You may assert a business confidentiality claim covering part or all of the information you submit. Information that is publicly available should not be claimed confidential, as described in 40 CFR 2.203(b):

“(b) Method and time of asserting business confidentiality claim. A business which is submitting information to EPA may assert a business confidentiality claim covering the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice complying language such as ‘trade secret,’ ‘proprietary,’ or ‘company confidential.’ Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by your business, and may be submitted separately to facilitate identification and handling by EPA. If your business desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state.”

To facilitate claims of business confidentiality, we have provided Confidential Business Information (CBI) check boxes beside each question for which a claim of confidentiality may be made. You may claim as confidential all information included in the response to a question by checking the CBI box next to the question number. Note that you may be asked to justify any claim of confidentiality at a later time, for example if someone requests access to your data. Note also that information claimed confidential cannot be accessed or used by public commenters to evaluate data and analyses supporting the proposed regulations.

Information covered by a claim of confidentiality will be disclosed by EPA only to the extent of, and by means of, the procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted information protected by a business confidentiality claim may be disclosed to other employees, officers, or authorized representatives of the United States concerned with implementing the Clean Water Act. The authorized representatives include employees of other executive branch agencies, who may review CBI during the course of reviewing draft regulations.

Information covered by a claim of confidentiality will be made available to EPA contractors to enable the contractors to perform the work required by their contracts with EPA. All EPA contracts provide that contractor employees use the information only for the purpose of performing the work required by their contracts and will not disclose any CBI to anyone other than EPA without prior written approval from each affected business or from EPA's legal office.

If no business confidentiality claim accompanies the information when it is received by EPA, EPA may make the information available to the public without further notice.

Detailed Instructions for Completing the Questionnaire

Complete the questionnaire considering the following instructions:

  • Personnel most knowledgeable about the subject areas covered by a specific section should complete that section of the questionnaire.

  • For all questions and sections, read all instructions and definitions carefully. Pay particular attention to the distinction between a business branch and parent company.

  • Do not leave any entry blank. If the answer is zero, write “0" or “zero”. If a question is not applicable, write “NA.” See instructions below if data to answer a question is not readily available.

  • Answer all of the questions in sequence unless you are directed to SKIP forward in the questionnaire. This is important since some questions and/or sections are only applicable to some respondents.

  • Where practical, please use the units specified when responding to questions requesting measurement data (e.g., acres); this will facilitate EPA processing of the completed questionnaires and promote data accuracy. If you keep records in different units from those requested and conversion is not practical, or if units are not specified in the questions, PLEASE BE SURE TO INCLUDE THE UNITS IN YOUR RESPONSE.

  • The period of interest for the questionnaire is calendar years 2005-2009 unless indicated otherwise.

  • Provide the requested information based on data you currently have readily available. EPA is not requesting or recommending that respondents collect new data to provide information for this questionnaire. However, you may need to contact other businesses establishments that you hired, such as engineering or architectural firms that prepared plans or designs for projects undertaken by your business, in order to answer some of the questions. You do not need to obtain data from other parties except where that data was specifically prepared on your behalf.

  • Some questions ask for approximations or estimations because EPA realizes you may not have data readily available to provide an exact response. For these questions, EPA is requesting you provide a response if you can make a reasonable estimate. If you are not able to provide an estimate, respond “Don’t Know.”




Glossary of Terms

Term

Definition

Alteration

Changes to existing structures that do not result in the replacement of the existing structure or a change in the project footprint.

Addition

For purposes of this questionnaire, a change to an existing land parcel that does not increase the footprint of the structure, parking areas or other impervious surfaces by more than 5,000 square feet.

Commercial/Institutional

A project that includes structures intended for use by retail, wholesale, office, hotel, or other service-providing facilities/businesses, including Federal, State, and local government facilities.

Builder

A person, business, or partnership that builds houses or other structures on properties they own during the building construction phase of the project. The builder may have also been the developer during the earlier project phases, or they may have purchased unfinished lots after the development phase has been completed. This definition does not include businesses that only build houses or other structures on a contractual basis and do not take ownership of the lots they build on.

Building Construction Phase

The third of three project phases, following Land Acquisition and Land Development (see below). Construction of standing structure(s) occurs during this phase. Costs incurred during this phase can be divided into “hard costs” for activities like framing, plumbing, and electrical work and “soft costs” such as legal or marketing activities.

Business

A business is an on-going and legally recognized commercial organization that provides goods and/or services to consumers. For the purpose of this survey, businesses may be understood to typically operate in a single location or area of operation, such as a metropolitan area. Businesses may undertake a business venture (such as a construction project) on their own or in a partnership with other businesses. Businesses are distinct from these business ventures in that the businesses are ongoing entities and do not end after the venture, such as a construction project, has been completed.

Developer

A person, business, or partnership that controls project design and/or land development activities associated with a project. The developer may make improvements to land parcel(s) owned by the developer or on behalf of a separate owner-entity (e.g., the developer may be the land owner’s agent). The developer is typically associated with the land acquisition and land development phases, but may also act as a builder in the building construction phase. This definition does not include businesses that only build houses on a contractual basis.

Disturbed Land

Area of land within a project where soil is disturbed due to activities such as clearing and grubbing, mass grading, site preparation (i.e., excavating, cutting and filling) and final grading with the intention of installing buildings, roads, parking lots or other structures or making other improvements to the landscape. Land disturbance typically begins during the second phase of development and is completed during the final phase.

Final Project Value

The value of the project at the time of completion.(See Project Completion) This value could be the project’s sales value or the recorded asset value of the project when it has been completed. Final project value does not include the expected value of any construction that was initially planned but never completed.

Financial Stake

An individual business is said to have a financial stake in a project if the business’s earnings from that project depend on the financial performance of the project overall (i.e., project net income), even though the business may not be defined legally as a project owner. Owners, by definition, have a financial stake in projects they own. Developers, as defined above, might have an financial stake in a project if they have entered into a partnership or agreement with the owner that bases at least part of their earnings on the project’s financial performance. General contractors, contractual builders, and subcontractors typically do not have a financial stake in the project performance overall.

Heavy and Civil Engineering Construction

Heavy and civil engineering construction projects (excluding highway, road, bridge, and distribution line construction) include the following types of projects:

  • mass transit (train, subway, monorail, street car, etc.)

  • outdoor recreation (golf course, parks play grounds, sports field, outdoor ice rinks, etc.)

  • marine structures (harbors, ports, piers, docks, canals, etc.)

  • dams (dams, berms, levees, dikes, etc.)

  • hydroelectric generating facility construction

Impervious Surface

Low-permeability materials that include, but are not limited to, roads, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, or other surfaces which similarly impede infiltration of storm water.

Industrial

A project that includes structures designed for industrial purposes including producing, processing, or assembling goods (for example, manufacturing, agricultural, and mining structures).

Land Acquisition Phase

The first of three project phases, preceding Land Development and Building Construction. In this stage, financing is assembled to purchase raw, vacant, un-zoned land parcel(s). This phase may also include initial project design and planning elements using, e.g., architectural services. For redevelopment projects the land has previously been developed and zoned. However, the property may need to be rezoned for a new purpose, and the project will require designing and planning as well.

Land Development Phase

The second of three project phases, following Land Acquisition and preceding Building Construction. During this phase, raw land is converted into permitted, buildable lot(s). This phase typically requires designing, planning, site approvals, hearings, etc. This process can take months to years, and can involve dividing the initial parcel into multiple parcels, often referred to as land subdivision. Costs incurred during this phase may include “soft” costs for architectural and engineering services, legal work, permits, fees, and testing; and “hard” costs, such as land clearing, installing utilities and roads, and preparing foundations or pads.

Land Subdivision

The act of dividing a parcel of land into smaller parcels that is easier to sell or otherwise develop. Land subdivision often includes site-improvement activities, such as road building and utility line installation.

Land subdivision most often refers to the dividing of the land for a single-family residential project into individual parcels or “plats”. These residential projects are often referred to as “residential subdivisions”. However, very large tracts of land can be subdivided into multiple tracts which are then developed separately as individual projects. For example, an owner/developer divides a single tract into three separate tracts. They develop a residential project on one, an office park on another, and sell the third tract to a different developer who develops their own residential project on a completely independent time schedule.

Mixed Use Project

A project that is intended for more than one land use category. For example, a project that includes both Single-Family Housing and Multi-Family housing, or a project including Commercial and Industrial properties.

Multi-Family Residential

A project where multiple separate housing units for residential occupancy are or will be contained within one building; also known as multi-dwelling unit. Does not include attached single-family homes, such as townhouses.

NAICS 236115, New Single-Family Housing Construction (except Operative Builders)

Small Business Administration (SBA) small business definition cut-off: $33.5 million annual revenue. This U.S. industry comprises general contractor establishments primarily responsible for the entire construction of new single-family housing, such as single-family detached houses and town houses or row houses where each housing unit (1) is separated from its neighbors by a ground-to-roof wall and (2) has no housing units constructed above or below. This industry includes general contractors responsible for the on-site assembly of modular and prefabricated houses. Single-family housing design-build firms and single-family construction management firms acting as general contractors are included in this industry.

NAICS 236116, New Multi-Family Housing Construction (except Operative Builders)

SBA small business definition cut-off: $33.5 million annual revenue. This U.S. industry comprises general contractor establishments responsible for the construction of new multifamily residential housing units (e.g., high-rise, garden, and town house apartments and condominiums where each unit is not separated from its neighbors by a ground-to-roof wall). Multifamily design-build firms and multifamily housing construction management firms acting as general contractors are included in this industry.

NAICS 236117, New Housing Operative Builders

SBA small business definition cut-off: $33.5 million annual revenue. This U.S. industry comprises operative builders primarily responsible for the entire construction of new houses and other residential buildings, single-family and multifamily, on their own account for sale. Operative builders are also known as speculative or merchant builders.

NAICS 236210, Industrial Building Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily responsible for the construction (including new work, additions, alterations, maintenance, and repairs) of industrial buildings (except warehouses). The construction of selected additional structures, whose production processes are similar to those for industrial buildings (e.g., incinerators, cement plants, blast furnaces, and similar nonbuilding structures), is included in this industry. Included in this industry are industrial building general contractors, industrial building operative builders, industrial building design-build firms, and industrial building construction management firms.

NAICS 236220, Commercial Building Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily responsible for the construction (including new work, additions, alterations, maintenance, and repairs) of commercial and institutional buildings and related structures, such as stadiums, grain elevators, and indoor swimming pools. This industry includes establishments responsible for the on-site assembly of modular or prefabricated commercial and institutional buildings. Included in this industry are commercial and institutional building general contractors, commercial and institutional building operative builders, commercial and institutional building design-build firms, and commercial and institutional building project construction management firms.

NAICS 237210, Land Subdivision

SBA business definition cut-off: $7.0 million annual revenue. This industry comprises establishments primarily engaged in servicing land and subdividing real property into lots, for subsequent sale to builders. Servicing of land may include excavation work for the installation of roads and utility lines. The extent of work may vary from project to project. Land subdivision precedes building activity and the subsequent building is often residential, but may also be commercial tracts and industrial parks. These establishments may do all the work themselves or subcontract the work to others. Establishments that perform only the legal subdivision of land are not included in this industry.

NAICS 237310, Highway, Street, and Bridge Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily engaged in the construction of highways (including elevated), streets, roads, airport runways, public sidewalks, or bridges. The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this group if they are engaged in activities primarily related to highway, street, and bridge construction (e.g., installing guardrails on highways).

NAICS 237990, Other Heavy and Civil Engineering Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily engaged in heavy and engineering construction projects (excluding highway, street, bridge, and distribution line construction). The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this group if they are engaged in activities primarily related to engineering construction projects (excluding highway, street, bridge, distribution line, oil and gas structure, and utilities building and structure construction within NAICS categories 237110, 237120, 237130 and 237310). Construction projects involving water resources (e.g., dredging and land drainage), development of marine facilities, and projects involving open space improvement (e.g., parks and trails) are included in this industry.

NAICS 237110, Water and Sewer Line and Related Structures Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily engaged in the construction of water and sewer lines, mains, pumping stations, treatment plants, and storage tanks. The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this group if they are engaged in activities primarily related to water, sewer line, and related structures construction. All structures (including buildings) that are integral parts of water and sewer networks (e.g., storage tanks, pumping stations, water treatment plants, and sewage treatment plants) are included in this industry.

NAICS 237120, Oil and Gas Pipeline and Related Structures Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily engaged in the construction of oil and gas lines, mains, refineries, and storage tanks. The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this group if they are engaged in activities primarily related to oil and gas pipeline and related structures construction. All structures (including buildings) that are integral parts of oil and gas networks (e.g., storage tanks, pumping stations, and refineries) are included in this industry.

NAICS 237130, Power and Communication Line and Related Structures Construction

SBA small business definition cut-off: $33.5 million annual revenue. This industry comprises establishments primarily engaged in the construction of power lines and towers, power plants, and radio, television, and telecommunications transmitting/receiving towers. The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this group if they are engaged in activities primarily related to power and communication line and related structures construction. All structures (including buildings) that are integral parts of power and communication networks (e.g., transmitting towers, substations, and power plants) are included.

NAICS 531110, Lessors of Residential Buildings and Dwellings

SBA small business definition cut-off: $7.0 million annual revenue. This industry comprises establishments primarily engaged in acting as lessors of buildings used as residences or dwellings, such as single-family homes, apartment buildings, and town homes. Included in this industry are owner-lessors and establishments renting real estate and then acting as lessors in subleasing it to others. The establishments in this industry may manage the property themselves or have another establishment manage it for them.

NAICS 531120, Lessors of Nonresidential Buildings (except Miniwarehouses)

SBA small business definition cut-off: $7.0 million annual revenue. This industry comprises establishments primarily engaged in acting as lessors of buildings (except miniwarehouses and self-storage units) that are not used as residences or dwellings. Included in this industry are: (1) owner-lessors of nonresidential buildings; (2) establishments renting real estate and then acting as lessors in subleasing it to others; and (3) establishments providing full service office space, whether on a lease or service contract basis. The establishments in this industry may manage the property themselves or have another establishment manage it for them.

New Development

Development that occurs or occurred on land where generally no or minimal structures or other impervious surfaces, such as buildings, parking lots, and roads exist. New development includes development that occurs on agricultural, forested, and open/barren land. This is commonly referred to as Greenfield development.

Owner

The firm, individual, or institutions for which the construction project is/was undertaken. Projects may have multiple owners, and ownership of part or all of the project may change as the project transitions from one phase to the next. The owner may also act as the developer for a project, or may hire or partner with a separate developer. Businesses that purchase unfinished lots and build upon them are also considered to be owners.

Ultimate Parent Company

A business organization that owns more than 50 % of one or more other domestic businesses, and is not a subsidiary to another domestic business organization. Subsidiary business organizations to the ultimate parent can include “headquarters” business organizations. A “headquarters” is a business that has branches or divisions reporting to it. For this survey, these branch or division locations would be Businesses, as defined above. Branches or divisions can also report directly to the Ultimate Parent Company. In this case, the Ultimate Parent Company is also a headquarters organization. The Ultimate Parent Company typically resides in a different physical locations than their subsidiary headquarters, or division/branch locations.

Participation

Participation in a project refers to being either an owner, developer, or builder for a project. The business can be the sole participant or they can be in a partnership with other businesses. This does not include work as a contractual builder.

Project

New development or redevelopment of buildings or other real estate improvements on a site, which may be undertaken by a single business or partnership/team of businesses. A project generally consists of three phases: Land Acquisition, Land Development, and Building Construction. It is possible that each business or partnership actively involved in a project might only control one or two of these three project phases, while another entity or partnership may control the other project phase(s). A single land parcel may include multiple projects. For example, under a common plan of development, a large parcel of land may be developed in several separate projects often referred to as residential subdivisions. Each subdivision in this configuration would be considered an individual project.

Project Completion

For the purpose of this survey, a project can be considered completed when building construction has stopped and no additional building construction on the site is scheduled to begin within a year of construction ending. This definition is meant to include as “complete” those projects where construction ceases for a substantial period prior to all of the initially planned buildings have been completed. For example, suppose 75 housing units are constructed within a planned 100-unit residential subdivision, but the construction of the remaining 25 units is deferred due to changing market conditions. This project would be considered complete for the purposes of this survey if construction is not expected to resume within one year of the stoppage of active construction activity.

Remodeling

Remodeling is alterations to the interior of a structure, and does not involve the installation of any new impervious surface.

Redevelopment

Development of sites where existing structures or impervious surfaces are replaced with new structures and impervious areas. For example, removing an existing warehouse to build a multi-family housing building on the same site would fall within the definition of redevelopment. Redevelopment also includes additions to existing structures and/or impervious areas that result in more than 5,000 square feet of new impervious surface.

Single-Family Residential

A project in which housing units are built for occupancy by only one family. This includes both attached and detached single-family homes.

Post Construction Stormwater Controls and Practices

Practices/Controls that are installed and maintained to control post construction stormwater discharges.

Transportation

A project that includes uses such as highways, roads, and bridges. Transportation does not include the construction of streets that are within a larger plan of development, such as a single-family residential project.

Utility

A project that includes uses such as water and/or gas pipelines, sewer lines, or electricity transmission lines.


General Information

1. Provide contact information for your establishment.

Establishment’s Full Legal Name



Address


Phone/Fax Number



Website


Email



2. Provide contact information for the person to whom EPA should direct follow up calls concerning your responses to this questionnaire if necessary.

Name



Email


Title



Best Time to Contact


Phone/Fax Number




This questionnaire will ask a series of questions about your business operations and the projects in which your business participated during 2005 – 2009. Prior to completing the questionnaire, please carefully review the Glossary of Terms for applicable definitions. You may wish to refer back to the Glossary as you answer individual questions.


Business Activity Criteria

The next four questions are meant to determine if your business performs work that is relevant for this survey. Please read each one carefully before answering and refer to the glossary of terms as needed.

3. During calendar years 2005-2009 was your business an owner or operator of at least one construction project that (1) disturbed 1 or more acres of land, or (2) disturbed less than one acre of land that was a part of a larger common plan of development or sale that disturbed one or more acres of land, or (3) was covered by a local or state NPDES permit for construction site stormwater discharge? (Note: Projects meeting criteria 1 and 2 are required to obtain NPDES permit coverage for stormwater discharges, or would be required to do so in the absence of a project specific waiver. See 40 CFR 122.26(b)(14)(x) and 40 CFR 122.26(b)(15). Criterion 3 addresses projects required to obtain NPDES stormwater permit coverage under potentially more stringent state and local criteria.)

□ Yes

□ No (In this case, you have completed the survey. Thank you for your input. Sign the certification statement on page 22 and return to the address indicated on page 3.)

4. During calendar years 2005 – 2009, indicate if your business engaged in any of the following activities (check all that apply):

□ Land Development (including land subdivision)

□ Single-Family Residential Construction

□ New Multifamily Residential Construction

□ Commercial and Institutional Construction

□ Transportation (Highway, Road, or Bridge) Construction

□ Industrial Construction

□ Pipelines (e.g., water, sewer, oil or gas) (If this is the only type of construction activity your business engaged in during calendar years 2005 – 2009, you have completed the survey. Thank you for your input. Sign the certification statement on page 22 and return to the address indicated on page Error: Reference source not found.)

□ Underground or Overhead Utilities (e.g., telecommunications, electric transmission

cables) (If this is the only type of construction activity your business engaged in during calendar years 2005 – 2009, you have completed the survey. Thank you for your input. Sign the certification statement on page 22 and return to the address indicated on page Error: Reference source not found.)

□ Other Construction Not Identified Above (specify _________________) (If this is the only type of construction activity your business engaged in during calendar years 2005 – 2009, please contact EPA (See where to get help section on page 3) before proceeding with the remainder of this questionnaire.)

□ My business did not engage in any construction or land development during calendar

years 2005-2009 (In this case, you have completed the survey. Thank you for your input. Sign the certification statement on page 22 and return to the address indicated on page Error: Reference source not found.)


5. During calendar years 2005 – 2009, was your business an owner, developer, or builder of at least one project during either its land development phase or its building construction phase (either as the sole responsible party or as a participant in a joint venture or other multiple party structure)?

□ Yes

□ No (In this case, you have completed the survey. Thank you for your input. Sign the certification statement on page 22 and return to the address indicated on page Error: Reference source not found.)


6. During calendar years 2005 – 2009, was your business an owner, developer, or builder of at least one project during either its land development phase or its building construction phase (either as the sole responsible party or as a participant in a joint venture or other multiple party structure) that resulted in the installation of 5,000 square feet or more of new impervious surfaces (roads, roofs, parking lots, etc.)?

□ Yes

□ No (In this case, you have completed the survey. Thank you for your input. Sign the certification statement on page 22 and return to the address indicated on page Error: Reference source not found).




Business and Ultimate Parent Company Information

7. Many of the following questions will ask for information for each year that you were in business during 2005 – 2009. Unless specified otherwise, EPA is requesting information for calendar years 2005-2009. However, for the financial questions only (e.g., revenue, project value), you may respond for the calendar year or your business’s fiscal year. Please indicate whether you are reporting financial information for the calendar year or fiscal year by checking one box below.

□ Calendar year (Skip to Question 8)

□ Fiscal year


If you checked “Fiscal Year”, please indicate the first month of your business’s fiscal year.

□ January

□ July

□ February

□ August

□ March

□ September

□ April

□ October

□ May

□ November

□ June

□ December



8. Indicate the state(s)/territories where your business has participated in projects at any time during calendar year 2005 through 2009 (check all that apply).

□ AL

□ CO

□ GA

□ IN

□ MD

□ MO

□ NC

□ NY

□ RI

□ VA

□ AK

□ CT

□ HI

□ KS

□ ME

□ MT

□ ND

□ OH

□ SD

□ VT

□ AR

□ DE

□ IA

□ KY

□ MI

□ NM

□ NH

□ OK

□ TN

□ WA

□ AZ

□ DC

□ ID

□ LA

□ MN

□ SC

□ NJ

□ OR

□ TX

□ WI

□ CA

□ FL

□ IL

□ MA

□ MS

□ NE

□ NV

□ PA

□ UT

□ WV






□ Puerto Rico

□ Other U.S. Territory (specify):______________

□ WY



9. □ CBI. Complete the table below with your business’s total annual revenue for 2005-2009. Provide values in dollars and fill in all values; you may round values to the nearest thousand dollars. If your business was not in business for one or more of the years, enter “N/A” for those years.

Total Business Revenue (Dollars; may round to nearest thousand)

Year

2005

2006

2007

2008

2009








10. Is your business publicly traded?

□ Yes

□ No


11. Indicate the type of business organization.

□ Sole proprietorship

□ Partnership

□ Corporation (standard, “C” corporation)

□ Subchapter S Corporation

□ Limited Liability Corporation

□ Other: _______________________________________


12. □ CBI. What is your business’s primary source of revenue (check only one answer)?


□ Single-family Residential Construction

□ Multi-family Residential Construction

□ Commercial/ Institutional Construction

□ Industrial Construction

□ Transportation Construction (Highway, Street, or Bridge)

□ Heavy and Civil Engineering Construction

□ Land Development (including land subdivision)

□ Renting or Leasing Real Estate

□ Other


13. □ CBI. Is your business owned, controlled, or managed by an ultimate parent company?

□ Yes (continue to the next question)

□ No (Skip to Question 19)


14. □ CBI. Provide contact information for the ultimate parent company.

Ultimate Parent’s Full Legal Name



Address


Phone/Fax Number



Email



15. □ CBI. In what state is the ultimate parent company organized as a legal entity?

__________________________________________

16. □ CBI. Does your ultimate parent company have operations in foreign countries that are a source of international revenue?

□ Yes

□ No



17. □ CBI. Is your ultimate parent company a small business? The Small Business Administration (SBA) defines businesses as “small” based on a revenue threshold that is specific to each NAICS code. Please see the Glossary for common NAICS codes and SBA small business definitions for the construction industry to help answer this question. If you are unable to locate your NAICS code in the Glossary, please consult the Small Business Administration’s web site: http://www.sba.gov/contractingopportunities/officials/size/summaryofssi/index.html. In determining whether your ultimate parent is a small business, consider only revenue from domestic sources. Base your determination on the most recent fiscal year for which revenue is available.

□ Yes (continue to the next question)

□ No (Skip to Question 19)



18. □ CBI. Complete the table below with the ultimate parent company’s total annual revenue for 2005-2009. Provide values in dollars and fill in all values; you may round values to the nearest thousand dollars. If the ultimate parent company was not in business for one or more of the years, enter “N/A” for those years. If the ultimate parent company is a multinational firm, limit revenue estimates to domestic sources.

Ultimate Parent Company Total Annual Revenue (Dollars; may round to nearest thousand)

Year

2005

2006

2007

2008

2009













Project Information: Part 1

19. □ CBI. Fill out the following table indicating the total number of projects your business participated in that were completed during calendar years 2005-2009 broken out by the indicated size and type categories (and not by year). This includes all projects you participated in as an owner, developer, or builder (see Glossary for relevant definitions). Do not include projects in which your only involvement was as a contract builder. Only include information for projects that resulted in construction of at least 5,000 square feet of impervious surfaces.

Number of Projects Completed in Calendar Years 2005 – 2009

Type of Project

Project Size Ranges (Size below refers to total site size)

Less than 1 Acre

1 – 9.9 Acres

10 – 24.9 Acres

25 – 49.9 Acres

>50 – 99.9

Acres

100 Acres or More

Single-Family Residential Only







Multi-Family Residential Only







Commercial/ Institutional







Industrial







Transportation (Including Road and Highways)







Mixed Residential (single-family and multi-family)







Mixed Residential and Commercial/Institutional







Mixed Commercial/Institutional and Industrial







Other Mixed Use







Other Project Types







Total









The next two questions (Questions 20-21) gather additional information on projects that your business participated in during calendar years 2005 – 2009. For these questions, also include projects that resulted in construction of less than 5,000 square feet of impervious surfaces.


20 □ CBI. Indicate the types of construction or land development activities your business participated in during calendar years 2005 – 2009. (Check all that apply)

□ Develop lots and sell those lots to other entities

□ Develop lots and build on those lots

□ Build on lots developed by another entity

□ Other

21. □ CBI. How many projects that have commenced construction (where land disturbance has begun) was your business participating in on the last day of 2009?

_______________

21a. □ CBI. How many of these projects have disturbed or will likely disturb one or more acres of land?

_______________

21b. □ CBI. How many of these projects include or will likely include 5,000 square feet or more of impervious surfaces?

_______________

21c. □ CBI. Do any of these projects incorporate or will any of these projects likely incorporate low impact development (LID) practices?

□ Yes

□ No (skip to question 22)

□ Don’t Know (skip to question 22)



21d. □ CBI. Approximately how many of these projects incorporated or will likely incorporate LID practices? For this question, you can base this answer only on readily available information. If this information is not readily available, you need not consult third parties, review project plans or records, or take other measures to obtain this information.

# of Projects _______________

□ Don’t Know



Project Information: Part 2

The next question is meant to help EPA to develop a profile of projects performed during the last five years. Rather than ask each respondent for information on all the projects your business participated in during the 2005-2009 time period, EPA has assigned each business a random year-long period during this time frame, and is asking businesses to describe the projects your business participated in that were completed during that time period.



22. □ CBI. Complete the table below with information on projects, your business participated in, that resulted in more than 5,000 square feet of impervious surface, and that were completed between __________ and_________. (this is a randomly generated 12 month period between January 1, 2005 and December 31, 2009 expressed in terms of months not days) If your business participated in more than 5 projects completed during this period, only provide information on the first 5 projects completed.

In the event that your business was not responsible for the entire project, provide answers for the phase/portions for which your business was directly involved and for project questions for which you know the answer.



Project Information

Permit Numbera

Zip Code

Typeb

Total Size (acres)

New- or Re-Development (N/R)

Percent Impervious Surface Area (% of size)

Number of Buildings/ Unitsc

Final Project Valued ($)


Final Owner-shipf



























































































a. In most states, projects with 1 or more acres of disturbed area must file for permit coverage by submitting an NOI (or NOC in California). If the permitting authority provided a permit number, provide that number here. If the project was not assigned a permit number, or if a permit was not required, just enter N/A.

b. Type

  • SFA = Single-Family Residential, attached

  • SFD = Single-Family Residential, detached

  • MF = Multifamily Residential

  • COM = Commercial

  • INS = Institutional

  • IND = Industrial

  • TR = Transportation

  • NB = Non-Building

  • MU1 = Mixed Residential (single-family and multi-family)

  • MU2 = Mixed Residential and Commercial/Institutional

  • MU3 = Mixed Commercial and Industrial

  • MU4 = Other Mixed Use

  • OTH = Other Project Type Not Elsewhere Specified

c. Enter number of buildings for non-residential and mixed use projects. Enter number of housing units for residential projects. Enter number of housing units for residential projects (i.e., counting multiple units/apartments in multifamily buildings).

d. The value of the project at the time of completion. This value could be the project’s sales value or the recorded asset value of the project when has been completed.

f. Please indicate the intended ownership status of the project at the time of completion. Select the option that best applies.

  • SS = Single property sold

  • RL = Retained ownership and leased property

  • RO = Retained ownership and occupied property

  • MS = Subdivided into multiple properties and sold all properties



  • LS = Subdivided into multiple properties and retained ownership of some properties to lease while selling others

  • OT = Other




Once you have completed the above table for all applicable projects, you have completed the questionnaire. Sign the Certification Statement and refer to instructions for mailing the questionnaire back to the United States Environmental Protection Agency. Thank you.

Certification Statement

The individual responsible for directing or supervising the preparation of the enclosed Stormwater Discharges from Developed Sites Owner/Developer Short Questionnaire must read and sign the Certification Statement below before returning both documents to the U.S. Environmental Protection Agency. The certifying official must be an official duly authorized representative. The Certification Statement must be completed and submitted in accordance with the requirements contained in the Code of Federal Regulations at 40. CFR 122.22.


I certify under penalty of law that the attached questionnaire was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information submitted. The information submitted is, to the best of my knowledge and belief, accurate and complete. In those cases where we did not possess the requested information, we have provided best engineering and/or financial estimates or judgments where possible. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment as explained in Section 308 of the Clean Water Act (33 U.S.C., Section 1318).


_____________________________ _________________________

Signature of Certifying Official Date


_____________________________ _(______)_________________

Printed Name of Certifying Official Telephone Number


_____________________________

Title of Certifying Official



0

Owner/Developer Short Questionnaire – Final

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Last Modified BySpencer W. Clark
File Modified2010-08-06
File Created2010-08-06

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