Construction stormwater permit overview and permit application

When stormwater drains off a construction site, it carries sediment and other pollutants that harm lakes, streams and wetlands. According to the 1996 National Water Quality Inventory, stormwater runoff is a leading source of water pollution. The U.S. Environmental Protection Agency (EPA) estimates that 20 to 150 tons of soil per acre is lost every year to stormwater runoff from construction sites.

Many studies indicate that controlling erosion can significantly reduce the amount of sedimentation and other pollutants transported by runoff from construction sites. To keep Minnesota’s valuable water resources clean the Minnesota Pollution Control Agency (MPCA) issues permits to construction site owners and their operators to prevent stormwater pollution during and after construction.

Site owners and their construction operators must sign off on a National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) General Stormwater Permit for Construction Activity (MN R100001) (Construction Stormwater General Permit). As part of the application for this legal document, the owner and operator must create a stormwater pollution prevention plan (SWPPP) that explains how they will control stormwater.

Once the SWPPP is complete, applicants must apply to receive permit coverage.

Who Needs an NPDES/SDS Permit

You need an NPDES/SDS permit if you are the owner or operator for any construction activity disturbing:

• that results in land disturbance of equal to or greater than one acre or
• a common plan of development or sale that disturbs greater than one acre
• Less than one acre of soil, but the MPCA determines that the activity poses a risk to water resources.

Construction activity does not include a disturbance to the land of less than five (5) acres for the purpose of routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

Most construction activities are covered by the general NPDES stormwater permit for construction activity, but some construction sites need individual permit coverage. Owners and operators are both responsible for submitting the permit application.

If the project is owned by a Tribal unit you must obtain permit coverage from the US Environmental Protection Agency instead of the Minnesota Pollution Control Agency.

Steps to permit coverage

After determining if permit is required but prior to applying for permit coverage, a SWPPP must be completed. There are several steps that are required.

Since complying with the terms of the Construction Stormwater general permit is required the first step is to read and understand the General Stormwater Permit for Construction Activity (MN R100001)

Create a Stormwater Pollution Prevention Plan (SWPPP)

The owner must develop a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be completed prior to submitting any permit application and prior to conducting any construction activity by any required Permittee(s)

The SWPPP must include the following:

1. A description of the construction activity:
2. Knowledgeable person/chain of responsibility:
3. Training documentation:
4. Designs, calculations, and narrative:
5. SWPPP components:
   1. Location and type of all temporary and permanent erosion prevention and sediment control BMPs:.
   2. Quantities:
   3. Impervious surface:
   4. Site map:
   5. Locations of areas not to be disturbed:
   6. Construction phasing:
   7. Maps of surface waters and wetlands:
   8. Final stabilization:
   9. Stormwater control design factors:
   10. Soil Management:
   11. Maintenance plan:
   12. Chemical treatments:
   13. Documentation of infeasibility:
6. Stormwater pollution mitigation measures identified in environmental review or other required review:
7. Karst areas:
8. Impaired Waters and Total Maximum Daily Loads (TMDLs):

Construction Stormwater Permit Application

Click here to log into the e-Services then once logged in, click on Construction Stormwater General Permit Application

Online Services

Visa, Master cards or checks are accepted for the $400 fee payment.

A project is NOT eligible for online processing and must complete a paper form if:

• The project will disturb 50 or more acres AND has a discharge point within one mile of an impaired or special water listed in Appendix A of the construction stormwater general permit AND the discharge flows to these waters. Applications are due 30-days before the anticipated construction start date.