Operators of all small construction activities disturbing at least one acre of soil
must obtain a construction permit prior to breaking ground regardless of whether or not
the construction takes place within a regulated
MS4. Small construction operators must
file a notice of intent (NOI) form and develop an approved stormwater management plan that includes
provisions for managing post-construction stormwater runoff over the life of the project.
The one-acre soil disturbance is a cumulative threshold. In other words, if a construction
activity disturbs less than one acre of soil, but is part of a common development plan
that will cumulatively disturb one-acre or more, a construction permit is required for the entire development.
Unless already covered under the Phase I Construction Permit, operators of
construction activities that are underway on or after March 10, 2003 and that involve one acre
or more of land disturbance must obtain SPDES permit coverage
through either an individual permit or the new General Construction Permit.
To obtain coverage under the General Permit, the operator of construction
activity must file a completed Notice of Intent.
If a project was already covered under the Phase I Construction Permit, applicants must file:
This permit is a transitional extension to the existing Phase I general permit for construction activities.
It expires on August 1, 2003. Activities that extend beyond August 1, 2003 will need coverage under the
Phase II General Construction Permit. The Phase I extension is not available to new applicants after January 8, 2003.