Stormwater Construction Discharge Permits

Construction General Permit 3-9020
Application Instructions
Construction General Permit Documents
Technical Documents


Permits for Stormwater Discharges Associated with Construction Activities

Earth moving and heavy equipment at construction of the Bennington Bypass

Under the National Pollutant Discharge Elimination System (NPDES), construction projects involving one acre or more of land disturbance require a permit for the discharge of stormwater.

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 stormwater 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 Construction General Permit 3-9020 was last amended in 2008.

To determine the risk category for a proposed project, applicants must complete Appendix A of the permit. Appendix A is a risk evaluation procedure to determine the risk category for a project. A guidance document has been prepared to assist applicants with this process.

Current list of authorizations under the Construction General Permit 3-9020

Low Risk Construction Activities

Projects that qualify as Low Risk do so because of favorable site conditions. For these projects, applicants will need to file a Notice of Intent that certifies that they will employ the 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 Construction Activities

Projects that 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 preparation by an individual familiar with the principles of erosion prevention and sediment control.

Construction Activities Requiring an Individual Permit

Certain projects are not eligible for coverage under the Construction General Permit. These projects must apply for Individual Permit coverage.

Current list of individual construction permits

Applications must be submitted via postal mail (or hand delivered) and shall include a CD or DVD containing application materials. E-mail submittals will not be accepted.

To apply for coverage under the Construction General Permit for a Low Risk Project:
1. Complete Appendix A to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Low Risk.
2. Complete the Notice of Intent for Low Risk Projects (Updated September 2016)
3. Bring the completed NOI to the municipal clerk in the municipalities where the project will occur. The municipal clerk must post the completed NOI and Appendix A for 10 days in a visible location. Information for the municipal clerk can be found on page 4 of the NOI. Please note that the completed NOI MUST be posted in the Town Clerk's Office PRIOR to submitting to our office. Section E (page 2) of the NOI (Public Notice Requirement) must include the date of which the NOI was posted at the municipal clerk's office.
4. Submit a CD or DVD containing the completed Appendix A, location map and the Low Risk NOI along with a check for the processing fee made payable to State of Vermont to:

Vermont Department of Environmental Conservation
Watershed Management Division
1 National Life Drive
Main Building, Second Floor
Montpelier, VT 05620-3522

To apply for coverage for your project under the Construction General Permit for a Moderate Risk Project:
1. Complete Appendix A to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Moderate Risk.
2. Prepare an Erosion Prevention and Sediment Control Plan (EPSC) 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 Summary Forms.
4. Complete the Notice of Intent for Moderate Risk Projects (Updated September 2016)
5. Bring the completed NOI to the municipal clerk in the municipalities where the project will occur. The municipal clerk must post the completed NOI and Appendix A for 10 days in a visible location.  Information for the municipal clerk can be found on page 4 of the NOI. Please note that the completed NOI MUST be posted in the Town Clerk's Office PRIOR to submitting to our office.  Section E (page 2) of the NOI (Public Notice Requirement) must include the date of which the NOI was posted at the municipal clerk's office.
6. Submit a CD or DVD containing the completed Appendix A, the EPSC Plan with summary forms, the completed NOI along with a check for the processing fee made payable to State of Vermont to:

Vermont Department of Environmental Conservation
Watershed Management Division
1 National Life Drive
Main Building, Second Floor
Montpelier, VT 05620-3522

Construction General Permit Documents

Additional Forms for Moderate Risk Projects

Projects Requiring Individual Permit Coverage

Impaired Waters, Class A Waters and Outstanding Resource Waters Determination for CGP 3-9020 – Appendix A Risk Evaluation

Technical Documents

Cover of Low Risk Site Guide
Low Risk Handbook
For use on projects that qualify as Low Risk under the CGP. Applicants must certify on the NOI that they will implement the measures included in this guide and follow the provisions on their Notice of Authorization.

Cover of EPSC Field Guide
Field Guide
Provides technical guidance on the proper installation and maintenance of EPSC measures. Specifies acceptable interchangeable practices that may be substituted without amending the authorized EPSC plan.

Cover of VT Standards and Specifications for Erosion Prevention and Sediment Control
Standards & Specifications
For use by designers to develop EPSC plans for Moderate Risk and Individual Permit projects.

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