NPDES Stormwater Construction Permit
The new National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Stormwater Associated with Construction Activities (CGP) has been issued with the effective date of October 1, 2021.
The Division of Water Resources held three virtual workshops across the state that provided an overview of the 2021 Construction General Permit.
- November 30, 2021 - West Tennessee Workshop
- January 25, 2021 - Middle Tennessee Workshop
- February 22, 2022 - East Tennessee Workshop
(Links to the permit and associated documents are below)
- Construction Stormwater Permit Overview (Video-overview of the requirements under the CGP.)
Who Needs An NPDES Stormwater Construction Permit?
Operators of construction sites involving clearing, grading or excavation that result in an area of disturbance of one or more acres, and activities that result in the disturbance of less than one acre if it is part of a larger common plan of development or sale. Please note this rule applies to construction activities begun before March 10, 2003, if one or more acres will be disturbed on or after March 10, 2003.
Permitted activities have included housing subdivisions, commercial and industrial buildings, golf courses, utility lines, sewage treatment plants, and roads. Various land clearing activities such as borrow pits for fill material have also been covered under this general permit.
Implementation of some types of conservation practices on agricultural land requires coverage under TDEC's CGP and/or ARAPs. In an effort to streamline this permitting process for agencies involved, a fact sheet was cooperatively developed to help farmers, landowners and other program participants to determine when a permit is needed or not.
What Information Must I Provide?
Applicants must submit the following information:
- A completed and signed Notice of Intent (NOI) for Construction Activity - Stormwater Discharges (see link below). The NOI must include a map on 8 ½ inch by 11 inch paper with boundaries 1-2 miles outside the site property with the site and construction area outlined and the receiving water or receiving storm sewer highlighted and identified. It is preferable for this map to be the appropriate portion of a USGS 7.5-minute quadrangle map.
- A site-specific SWPPP (Stormwater Pollution Prevention Plan) must be developed and submitted with the NOI. The SWPPP must be developed, implemented, and updated according to Part 5 of the CGP.
Completed Notices of Intent must be sent to the appropriate Environmental Field Office.
| Permit / Form Description | Form Number | |
|---|---|---|
| 2021 Construction Stormwater General Permit & Associated Documents | Dataviewer | |
| Notice of Intent (NOI) for General NPDES Permit for Stormwater Discharges from Construction Activities (TNR100000) | CN-0940 | |
| Notice of Termination (NOT) for General NPDES Permit for Stormwater Discharges from Construction Activities | CN-1175 | |
| Construction Stormwater Inspection Certification (Twice-Weekly Inspections) | CN-1173 | |
| Tennessee Municipal Construction Stormwater Project Review Checklist | CN-1440 |
How Will My Application Be Processed?
Upon receipt of the NOI, the Division will send a letter of coverage to the applicant.
What Fees Are Required?
Effective July 1, 2014, permit fees for the CGP have been revised. In addition to the application fee, annual maintenance fees are required for projects that exceed one year. The permit application fee should accompany the NOI application form.
The permit application fee range is as follows:
| CGP Fee Per Acres of Project | Fee |
|---|---|
| Project equal to or greater than 150 acres | $10,000 |
| Project equal to or greater than 50 acres and less than 150 acres | $6,000 |
| Project equal to or greater than 20 acres and less than 50 acres | $3,000 |
| Project equal to or greater than 5 acres and less than 20 acres | $1,000 |
| Project equal to or greater than 1 acres and less than 5 acres | $250 |
| Seeking subsequent coverage under an actively covered larger common plan of development or sale * | $100 |
* All Primary Operators must submit an NOI for CGP coverage. There are two types of Primary Operators (Initial and Subsequent). Initial Primary Operators are those that submit a SWPPP for the entire proposed larger common plan of development or sale. Their fee is determined by the acreage of the site. The $100 fee category applies to subsequent Primary Operators. This fee is to cover administrative costs associated with updating and tracking permit coverage for subsequent Primary Operators.
| CGP Activities that Exceed One Year Under General Permit Coverage | Fee |
|---|---|
| Project equal to or greater than 150 acres | $3,750 |
| Project equal to or greater than 50 acres and less than 150 acres | $2,000 |
| Project equal to or greater than 20 acres and less than 50 acres | $1,000 |
| Project equal to or greater than 5 acres and less than 20 acres | $500 |
| Project equal to or greater than 1 acres and less than 5 acres | $125 |
| Seeking subsequent coverage under an actively covered larger common plan of development or sale | $0 |
What Are My Rights And Responsibilities After The Permit Is Issued?
A permittee who has submitted an NOI and received permit coverage has the duty to comply with all provisions of the general permit, statutes, and regulations. Coverage under the general permit does not relieve the permittee of the responsibility for damages to surface or ground water. The permittee must maintain records of checks and repairs on site or at a nearby office. These records must be maintained for a minimum of three (3) years. The permittee must notify the Division of any changes to their NOI information. The NOI is not transferable and new owners must submit a new NOI. If the operation experiences any emergency that could impact the waters of the state, they must notify the Division as detailed in the regulations.
What Are The Division's Rights And Responsibilities After The Permit Is Issued?
The Division and other authorized representatives of the U.S. Environmental Protection Agency have the right to inspect the site and associated records at reasonable times. They also have the right to sample discharge of pollutants. The Division may terminate permit coverage for any applicant who violates the state statutes, departmental regulations, or terms of the general permit. Any person who violates or fails to comply with the state statutes, rules, or regulations may be subject to civil and/or criminal penalties.
Permitted Sites
Use the Water Resources Permits Data Viewer to view details about the following.
- List of Permitted Construction Sites, Statewide
- Permitted Construction Sites in Memphis - for MS4s
Whom Do I Contact For Applications, Assistance And Other Sources of Information?
Applicants may obtain Notice of Intent forms from any TDEC Environmental Field Office or the Division of Water Resources.
Additional Related Information:
- Desktop Review of Water Resources (This video introduces Tennessee legal definitions of streams and wetlands and showcases tools anyone can use for a desktop review of stream and wetland indicators.)
- CGP Map Viewer
- CGP Policy on Soil Stabilization Requirements (Clarification)
- TCA § 69-3-108: Tennessee Water Quality Control Act of 1977
- Fundamentals of Erosion Prevention and Sediment Control Workshop Schedule
- Erosion and Sediment Control Handbook
- Storm Water Pollution Prevention Plan (SWPPP) for Single Family Residential Homebuilding Sites (CN-1249)
- EPA Stormwater Pollution Prevention Plan SWPPP Guide
- Guidance regarding construction stormwater general permit coverage involving sites with Non-Engineer Design SWPPPs