General Construction Permit

Storm Water Program Coordinator:

Updates:

Some of the presentations from the 2008 NDWPCC Storm Water Conference can be viewed by following the link below.

2008 NDWPCC Storm Water Conference Presentations

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION CONSTRUCTION PROJECTS:

The link below contains a copy of the Memorandum of Agreement (MOA) between the North Dakota Department of Health and the North Dakota Department of Transportation regarding the signatory requirements of the construction stormwater general permit.  The MOA serves as the signature of the NDDOT, as owner, where required by the construction general permit. 

This MOA should be included with the Stormwater Pollution Prevention Plan as it outlines the permit responsibilities between the NDDOT and the general contractor.

MOA between NDDH and NDDOT

ATTENTION

A modification to the permitting process for obtaining coverage under the stormwater construction general permit, NDR10-0000, took effect January 1, 2008.  This modification affects construction activity which takes place in a larger common plan of development (i.e., residential, commercial or industrial development), and only applies to developments where the developer has transferred permit responsibility to a new owner/operator.

This change will waive the annual report requirement and will require a company to submit a separate Notice of Intent for each development a company is conducting business.

The following link contain the guidance document explaining the modification.

LARGER COMMON PLAN CHANGE

Oil and Gas Exploration - NDPDES Permit for land disturbance

Oil and gas related construction projects involving 5 or more acres are subject to the construction storm water permit requirements in North Dakota.  Permits are not required at this time for oil and gas related small construction (1 - 5 acres) in North Dakota.

The EPA regulations are incorporated by reference in state rules as they existed at the time the rules were written/revised.  The issue of construction storm water permits or alternative control mechanisms for oil and gas related construction activity will be considered when program rules are next updated.  The state rule pertaining to storm water discharges is contained in the North Dakota Century Code (NDCC 33-16-01) and currently incorporates federal requirements as of 10/01/2002, with a few exceptions.  The full text of the NPDES permit rules for North Dakota and other water quality related rules can be found at:

http://www.legis.nd.gov/information/acdata/html/33-16.html

An operator or owner of construction activity needs a permit .....

• if land disturbance (clearing, grading or excavating) is greater than or equal to one acre 
   

• if land disturbance is less than one acre and the site is part of a larger common plan of development or sale with the total land area disturbed in the development being equal to or greater than one acre 
   

• if there is potential for contribution to a violation of a water quality standard or potential for significant contribution of pollutants to waters of the state

   

Permit Application:

Large Construction Activity: 

Large Construction Activity is defined as a site that is 5 acres or greater in size.  This also includes sites that are less than 5 acres which are part of a larger common plan of development or sale, if the larger common plan will ultimately disturb 5 acres or more. 

An application form must be submitted for each large construction site.  The application must be submitted by the project owner (or jointly by the owner and contractor).  A Storm Water Pollution Prevention (SWPP) Plan must be submitted for large construction sites that are either 50 or more acres, or located within 2000 ft of, and flow to, a water body listed as impaired under section 303(d) of the Federal CWA due to sediment or parameters associated with sediment transport, unless requested by the Department.   Permit and forms are available on the Departments web site.

Small Construction Activity: 

Small Construction Activity is defined as a site that is equal to or greater than 1 acre and less than 5 acres in size.  This also includes sites that are less than 1 acre in total land area that are part of a larger common plan of development or sale, if the larger common plan will ultimately disturb more than 1 acre but less than 5 acres. 

Submit a single application form to obtain coverage for all of an owner/operator's Small Construction Activity.  A Storm Water Pollution Prevention (SWPP) Plan must be developed and implemented, but not submitted to the Department unless requested.  Permit and forms are available on the Departments web site.

There is no fee to obtain storm water discharge permits.

*Note: The forms available in the side menu can be filled out electronically - the forms also require a .pdf reader such as Acrobat Reader.  To download a free copy click the icon to the right or go to www.adobe.com.

Form Descriptions:

Application also called Notice of Intent (NOI) -   

this form is used to apply for permit coverage.

Storm Water Pollution Prevention (SWPP) Plan -   

this packet of forms is used to describe the scope of the project, erosion and sediment control measures, and other measures taken to prevent pollutants from leaving the site with storm water.

Site Inspection Form -   

this form is used for recording site inspection observations and kept by the permittee - it is not necessary to submit this form unless requested by the Department.

Annual Location Record-    -

this form is used by Small Construction Activity permittees to list where they operated Small Construction Activity during the calendar year.  This information is submitted to the Department at the end of each year.

Notice of Transfer/Modification -   

this form is used to transfer/modify the owner or operator that is responsible for the site (mainly for Large Activity).  The responsibilities of an owner may only be transferred to another owner, and the responsibilities of an operator may only be transferred to another operator or back to the owner.  They cannot be transferred from owner to operator as sole permitee.  The owner possesses the title to the land, and the operator is designated by the owner and has day to day operational control of the site.

Notice of Termination (NOT) -   

for Large Construction Activity this form is used to let the Department know that a site has been stabilized to 70% of pre-existing conditions.  For Small Construction Activity, this form would only be submitted to the Department if the permittee is ceasing all Small Construction Activity. 

DMR Form -   

this form is used to enter and submit storm water runoff sampling data - if requested by the Department.

General Permit Requirements: 

BMPs (Best Management Practices) must be utilized to minimize the effects of erosion caused by construction activities.  It is up to the owner to determine and install the appropriate BMPs for a project.  The BMPs must be installed prior to any land disturbance and maintained through the life of the project.  The permit does identify a few design standards for erosion and sediment control for construction sites in appendix 1 and minimum BMPs for small sites in appendix 2.  A list of BMP examples is also available on EPA's website.

To assist developers and contractors in effectively constructing and maintaining erosion and sediment control BMPs, the ND Department of Health, Division of Water Quality developed a Guide to Temporary Erosion Control Measures.  The guide is somewhat out of date and the Department of Health is working with the Department of Transportation to develop a new guide.

DISCLAIMER
Last Updated: 04/18/2008