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Construction General Permit for Stormwater Discharges

Associated with Construction Activities

Under the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Act, construction projects involving 1 or more acres of land disturbance require a permit for the discharge of stormwater from the construction activities. Stormwater, and the pollutants it carries, are a leading cause of water quality impairments here in Vermont.

Construction General Permit 3-9001 (2003)

Construction General Permit 3-9001 (2003) is no longer available for new projects. Projects already authorized under this permit remain authorized until the expiry of the general permit. For additional information and forms, please refer to the CGP 3-9001 page.

Construction General Permit 3-9020

Construction General Permit 3-9020 authorizes permittees to discharge stormwater runoff from construction activities provided the project is in compliance with the requirements of the permit. The permitting requirements for projects authorized under this general permit depend upon the risk of having a discharge of sediment in the stormwater runoff from the construction site.There are two risk categories authorized by the general permit: Low Risk and Moderate Risk. Projects that pose a higher risk are ineligible to use the general permit, and must file an application for an Individual Permit.

The original version of 3-9020 was issued in September 2006. An amended permit was issued in Feburary, 2008. All new applications are for authorization using the amended permit. Projects authorized under the original permit are not affected by the amendment.

To determine what the appropriate risk category for a proposed project is, applicants must complete Appendix A to the permit. Appendix A is a risk evaluation procedure, and involves answering a series of yes or no questions. Accurate completion of these questions results in a score which corresponds to the appropriate risk category. A guidance document has been prepared to assist applicants with applications.

Low Risk Projects

Projects that qualify as Low Risk do so because of favorable site conditions, use of vegetated buffers on water bodies, and the use of prompt stabilization and phased earthwork. For these projects, applicants will need to file a Notice of Intent that certifies that they will employ the erosion prevention and sediment control measures contained in the Low Risk Site Handbook for Erosion Prevention and Sediment Control. A complete application for a Low-Risk eligible project will be automatically authorized following a 10-day public comment period provided no comments are received.

Moderate Risk Projects

Projects that are qualify as Moderate Risk require the development of a site specific Erosion Prevention and Sediment Control (EPSC) Plan that meets the requirements of the general permit and conforms to the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006). Moderate Risk projects require design by an individual familiar with the principles of erosion prevention and sediment control.

Individual Permit Projects

Certain projects that, due to the nature of the proposed construction activity, or the status of the receiving waters, will not be eligible for the Construction General Permit. These must be permitted with an Individual Discharge Permit.

Filing a Construction General Permit 3-9020 Application for Low Risk Projects

To apply for coverage for your project under the Construction General Permit for a Low Risk Project:

1. Complete Appendix A to determine if the project requires a construction stormwater permit, is eligible for the CGP, and if so, whether the project qualifies as Low Risk.

2. Complete the appropriate Notice of Intent Form for Low Risk Projects.

3. Bring the completed NOI to the municipal clerk(s) in the municipalities where the project will occur and have page 4 of the NOI completed to demonstrate the public notice requirement has been fulfilled.

4. Submit the completed Appendix A and the Low Risk NOI along with a check for the processing fee payable to State of Vermont to:

Vermont Department of Environmental Conservation

Water Quality Division

103 South Main Street

Building 10 North

Waterbury, VT 05671-0408

5. Effective July 1, 2007, the fee for Low Risk Projects is $30.

Filing a Construction General Permit 3-9020 Application for Moderate Risk Projects

To apply for coverage for your project under the Construction General Permit for a Moderate Risk Project:

1. Complete Appendix A to determine if the project requires a construction stormwater permit, is eligible for the CGP, and if so, whether the project qualifies as Moderate Risk.

2. Prepare an Erosion Prevention and Sediment Control Plan in accordance with the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006) and Appendix B of the CGP.

3. Complete the EPSC Plan Summary Forms: EPSC Summary Forms (fillable pdf)

4. Complete the Notice of Intent Form for Moderate Risk Projects.

5. Bring the completed NOI to the municipal clerk(s) in the municipalities where the project will occur and have page 4 of the NOI completed to demonstrate the public notice requirement has been fulfilled.

6. Submit the completed Appendix A, the EPSC Plan with summary forms, the completed NOI along with a check for the processing fee payable to State of Vermont to:

Vermont Department of Environmental Conservation

Water Quality Division

103 South Main Street

Building 10 North

Waterbury, VT 05671 -0408

7. Effective July 1, 2007, the fee for Moderate Risk Projects is $250.

Technical Documents

In support of the new CGP, three technical documents have been developed to assist design professionals, contractors, and laypeople in complying with the technical requirements of the permit. To receive a hard copy of these documents please send an email to stormwater@state.vt.us and specify the titles and quantity you require, along with complete mailing address.

Low Risk Handbook

For use on projects that qualify as Low Risk under the new CGP. Applicants must certify on their Notice of Intent that they will implement the measures included in this guide.

Field Guide

Provides technical guidance to earthwork contractors and On-site Coordinators on the proper installation and maintenance of management practice. Specifies acceptable interchangeable practices that may be substituted without amending the authorized EPSC plan.