Determination of Eligibility for an NPDES General Construction Permit
Two requirements must be met that will enable a construction site to be eligible for an NPDES permit.
Size
of construction site
The CGP regulation state thatconstruction activities that include, but not limited to clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than one (1) acre of land or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre is eligible for a NPDES permit.
Threatened and Endangered (T&E) Species
Permittees are only eligible for coverage under the CGP if
their storm water discharges and storm water discharge-related activities do not
adversely impact federally listed endangered or
threatened species or critical habitats (50 CFR 17)Applicants are required to conduct an assessment of the impacts of their
storm water discharges and storm water discharge-related activities on
endangered and threatened species
and critical habitat.To make this
determination the CGP Appendix C
lays out the necessary eligibility requirements.The permittee
must meet at least one of the six criteria in Subpart 1.3.C.6
of the CGP to be eligible for coverage under the permit. Follow the procedures
in this Appendix to assess the potential effects of storm water discharges and
storm water discharge-related activities on listed species and their critical
habitat. When evaluating these potential effects, permittees must evaluate the
entire project area.
If
issues arise, an appropriate site-specific permit application is required. Refer to the CGP Appendix C
for the specific actions that will need to be taken. After determining the
eligibility of your site, please continue to the SWPPP checklist that will help
in developing your SWPPP.
Waivers
Under section 1.4 of the CGP, three scenarios exist under which small construction activities (one to five acres) may be waived from the NPDES permitting requirements. These exemptions have been predicated for certain criteria. Proper notification procedures must be followed in order to receive a waiver.As a permittee you may be able to qualify for a 1) Rainfall Erosivity Waiver, 2) TMDL Waiver or 3) Equivalent Analysis Waiver. It is the responsibility of the permittee wishing to obtain a waiver from coverage under the CGP to submit a complete and accurate waiver certification as described in Appendix D of the CGP.