Applying for Coverage under the Construction General Permit (CGP)

Who Needs Coverage

In general, you need to apply for coverage under the CGP if your construction site will disturb one or more acres* and you are responsible for either:

• The construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., an owner, developer, general contractor), or
• The day-to-day activities at a project which are necessary to ensure compliance with a stormwater pollution prevention plan for the site. (e.g., general contractor)

* (also applies to smaller sites that are part of a larger, common plan of development or sale that is greater than 1 acre in size)

The CGP only applies in states where EPA is the permitting authority. Use this list to determine if your state operates the NPDES stormwater program.

Additional information on who needs to apply for coverage under the CGP.

Submittal through eNOI

EPA's electronic Notice of Intent (eNOI) System is now available!

Filing a Notice of Intent (NOI)

Step 1. Read the Construction General Permit (CGP) and fact sheet. A copy of the 2008 Permit (PDF) (71 pp, 988K) and 2008 Fact Sheet (PDF) (52 pp, 398K) can be downloaded from this site.

Step 2. Make sure you are eligible for coverage under the CGP. The CGP only applies in certain parts of the country. You can review this list or Appendix B (PDF) (6 pp, 150K) to determine if your construction project is eligible for coverage. You must also ensure that you meet the other eligibility requirements, including as endangered species and total maximum daily loads.

Step 3. Develop and implement a Stormwater Pollution Prevention Plan (SWPPP). SWPPPs are detailed plans outlining how sediment and erosion controls and other best management practices will be implemented on a construction site. Guidance on developing an SWPPP and the implementation of appropriate BMPs is available from EPA. SWPPPs must be developed in accordance with the CGP prior to submitting a Notice of Intent (NOI) form.

Step 4. Complete and submit a Notice of Intent (NOI). You must submit a complete and accurate NOI to EPA to be covered under the CGP. You can now fill out your NOI by using EPA's electronic stormwater permit application. You can quickly receive coverage under the Stormwater Construction General Permit by filing an NOI on-line. You can also download a paper copy of the NOI form and instructions (PDF) (5 pp, 313K) from this web site. Each applicant is required to provide the latitude and longitude of their project site. Here is additional information on how to determine your site's latitude and longitude.

It is important to understand that signing and submitting the NOI form obligates you to comply with the terms of the Construction General Permit (including development and implementation of a SWPPP).

Until September 29, 2003, your NOI must be postmarked at least seven (7) calendar days before construction starts. After September 29, 2003, the seven (7) day period begins when your NOI information is posted on EPA's NOI Search Page.

Modifying a Notice of Intent (NOI)

You can use this suggested format to submit a modification (PDF) (4 pp, 373K) to a previously submitted Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity. This suggested format can be used where EPA is the NPDES permitting authority. This interactive form can be submitted for NOIs that were either submitted through eNOI or the paper NOI. After the information has been entered on form, print the form on company letterhead, and mail it to the Stormwater NOI Processing Center.

Permit Termination Procedures

After completion of construction activities and final stabilization of the site, an operator must complete and submit a Notice of Termination (NOT) Form (PDF) (3 pp, 400K) to EPA (or appropriate authorized state)

Construction Activity Waivers for Small Sites (1-5 acres only)

Three waivers are available to operators of small construction sites (1-5 acres). (See Appendix D: Small Construction Waivers and Instructions (PDF) (4 pp, 187K) of the CGP.) The Stormwater NPDES permitting authority (in each state) will determine if these waivers will be available to construction site operators.

No waivers for large construction activity (5 acres and above) are available.

File by Mail

You can either submit your complete NOI, NOT, or waiver form by mail or by using EPA's electronic NOI system (available late summer 2003). Forms submitted by mail are sent to EPA's Notice Processing Center. Upon receipt of a complete form with an original signature in ink (no copies please), EPA's Notice Processing Center will send the applicant an acknowledgement letter including a tracking number. Permittees may contact the NOI Processing Center via on-line comment form or at (866) 352-7755 to determine the status of a particular form.

Submit your forms by mail to one of the following addresses:

For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
Room 7420
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004

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Last updated on July 25, 2008 12:35 PM
URL:http://cfpub2.epa.gov/npdes/stormwater/application_coverage.cfm