Construction Stormwater Discharge Permits

Attention:  Vermont Construction General Permit (CGP) 3-9020 was amended and resissued on February 19, 2020, along with updates to the Low Risk Handbook for Erosion Prevention and Sediment Control (LRHB) and The Vermont Standards and Specifications for Erosion Prevention and Sediment Control (VSS).  Link to the reissiued and amended CGP, the Department’s response to public comments (Response Summary), and copies of the updated LRHB and VSS are provided below.

Applications received by the Department after 11:59 PM on May 18,2020 are subject to the reissued Vermont Construction General Permit (CGP) 3-9020, including applications for an Individual Construction Stormwater Discharge Permits, for consistency with updated permit application requirements as set forth in CGP 3-9020 and the Stormwater Permitting Rule (Environmental Protection Rules: Chapter 22.

Vermont Construction General Permit 3-9020, issued February 29, 2020, effective May 19, 2020

Response Summary (Department’s response to public comments on the draft permit)

Low Risk Site Handbook for Erosion Prevention and Sediment Control – February 2020 (Large Print – Non-booklet)
Low Risk Site Handbook for Erosion Prevention and Sediment Control – February 2020 (Small Booklet Format)
Low Risk Site Handbook for Erosion Prevention and Sediment Control – February 2020 (Large Booklet Format)

The Vermont Standards and Specifications for Erosion Prevention and Sediment Control – February 2020

The amended CGP includes new application requirements for projects seeking permit coverage as Low Risk or Moderate Risk construction activity, and also as applicable to applications for Individual Construction Stormwater Discharge Permit.  In addition, and as noted above, electronic application submittal is required via ANR Online, unless prior approval for submission by mail has been pre-approved, and a waiver has been granted in advance.  The amended CGP includes changes to the Appendix A – Risk Evaluation criteria and scoring system, establishes limitations on concurrent earth disturbance and stabilization schedule for projects covered by the CGP, and includes a set of revised conditions for addressing project changes that may occur after an authorization has been issued.  Projects that receive an authorization as Low or Moderate Risk construction activity may be authorized for up to a 5-year permit term.

Permit coverage previously issued under the former CGP 3-9020 or an Individual Construction Stormwater Discharge Permit remain valid and in effect for the term of the issued authorization or individual discharge permit.  Materials related to inspection and reporting, as applicable to applicants that applied or received permit coverage by May 18, 2020 are found at the bottom of this web page.  Materials such as inspection forms, discharge reporting forms, and related forms will be updated to reflect changes with CGP 3-9020 (effective May 19, 2020) soon.

Applicants and design consultants are strongly advised to review the Application Requirements for Submittal of Construction Stormwater Discharge Permits prior to submittal.  In addition, applications through the ANR Online portal will require that the primary landowner and operator (if known at the time of application) submit the application in accordance with US EPA’s Cross-Media Electronic Reporting Rule in accordance with Vermont’s NPDES delegated permit authority.  It is therefore strongly advised that design consultants engage early on with their clients, on the requirements for establishing this identity identification protocol, including a Subscriber Agreement in ANR Online early on in the process in advance of application submittal.  For detailed application submittal requirements, please see the Application Requirements for Construction Stormwater Discharge Permits below.

Please see below for the current CGP 3-9020 documents that remain valid through May 18, 2020.


Construction General Permit 3-9020 (Effective May 19, 2020)
Current Application Instructions
Current Construction General Permit Documents
Current Technical Documents


Permits for Stormwater Discharges Associated and Construction-Related 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 (Effective May 19, 2020)

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.

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 (February 2020).

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 (February 2020). 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. These include projects that proposed to exceed a 14-day stabilization schedule and projects that will concurrently disturb more than 5 acres of earth.

Current list of individual construction permits

Application Instructions for Submittal of Construction Stormwater Discharge Permits:

Instructions

 

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

1. Complete Appendix A - Risk Evaluation and Soils Evaluation Tool to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Low Risk.  This document should be completed in MS Excel, then converted to Adobe PDF for submittal.
2. Complete the Notice of Intent for Low Risk Projects via ANR Online portal.  Applications by mail and on paper NOI form are only allowable with prior approval and waiver request.
3. Submit application information and required supporting materials via ANR Online.  Applications submitted must have completed the online Appendix A – Risk Evaluation, and uploaded location map, Appendix A – Soil Evaluation Tool, site plan or drawing depicting required information, and the applicable processing fee.

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

1. Complete Appendix A - Risk Evaluation and Soils Evaluation Tool to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Moderate Risk. This document should be completed in MS Excel, then converted to Adobe PDF for submittal.
2. Prepare project Location Map and save as Adobe PDF file.
3. Prepare an Erosion Prevention and Sediment Control Plan (EPSC) in accordance with the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (February 2020) at the link above and Appendix B of CGP 3-9020 (Effective may 19,2020).
4. Complete the Plan Set Reference Form.
5. Submit application information and required supporting materials via ANR Online.  Applications submitted must have completed the online Appendix A – Risk Evaluation, and uploaded, location map, Appendix A – Soil Evaluation Tool, and the applicable processing fee.

Construction General Permit Documents

Additional Forms for Low/Moderate Risk Construction Activity and for Construction Activity Permitted under an Individual Construction Stormwater Discharge Permit (to be updated soon for conformance with former CGP 3-9020 and updated CGP 3-9020 (Effective 5/19/2020).

Projects Requiring Individual Permit Coverage

1. Complete Appendix A  Risk Evaluation and Soils Evaluation Tool to determine if your project requires coverage under an Individual Construction Stormwater Permit and is not eligible for coverage under CGP 3-9020 (Effective, May 19, 2020). Submit Individual Construction Stormwater Discharge Permit application form (Fillable PDF) and required supporting information, including location map, Appendix A – Soil Evaluation Tool, site and project-specific EPSC Plan, and Plan Set Reference form, and applicable processing fee by uploading to ANR Online. This document should be completed in MS Excel, then converted to Adobe PDF for submittal.
2. Complete the application form for Individual Construction Stormwater Discharge Permits, in the fillable PDF form, for upload via ANR Online portal.
3. Prepare project Location Map and save as Adobe PDF file.
4. Prepare an Erosion Prevention and Sediment Control Plan (EPSC) in accordance with the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (February 2020) and Appendix B of CGP 3-9020 (Effective, May 19, 2020).

Applications submitted online should follow:

ANR Online Instructions

Additional Forms for 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 For Projects Subject to CGP 3-9020 (2006, as amended February 2008)

Cover of Low Risk Site Guide
Low Risk Handbook
For use on projects that qualified as Low Risk under the CGP and applied or received permit coverage prior to May 19, 2020. Applicants would have certified on the NOI that they would implement the measures included in this 2006 guide and to 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 for authorizations of Moderate Risk Construction Activity under CGP 3-9020 (2006, as amended February 2008) and for projects that applied for coverage or were permitted prior to May 19, 2020 under an Individual Construction Stormwater Discharge Permit. 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.

*If you are unable to use the ANR Online system, forms are still available in PDF format but a waiver must be requested from the Stormwater Program in advance, and if approved, PDF forms not provided here will be made available, including for applications,. Notice of Addition of Co-Permittee, for CGP 3-9020 and Individual Construction Stormwater Discharge Permits.

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