NPDES/SDS Construction Stormwater permit requirements
Improperly treated and untreated runoff from exposed soils of a construction site can cause soil erosion and sedimentation problems resulting in the pollution of lakes, rivers, and other water bodies. This factsheet provides guidance on stabilizing a construction site to protect the quality of our water resources.
Erosion is the natural process in which soil and rock material is weathered and carried away by wind, rain, snow or ice. Factors such as rainfall, climate, location, and soil type that influence erosion.
Construction activities increase the ability of soil to erode once the vegetation and the top soil are removed. When the subsoil is exposed to the elements, the soil can erode very quickly. Wind and rain carry the soil off the construction site and sediment is deposited into our surface waters. This causes adverse effects on the quality of our water and to the health of aquatic life. Sediment runoff often carries additional pollutants such as nutrients, petroleum products, fecal matter and other contaminates from construction sites that further impact our lakes and rivers. It has been shown that it is far less costly to prevent erosion than to attempt to mitigate the effects of erosion after it has occurred. Through proper use of best management practices (BMPs), including temporary and permanent covers to stabilize soils along with other practices to prevent erosion; such as the use of construction phasing, horizontal slope grading, vegetative buffers and water diversions, these effects can be substantially minimized.
The National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Construction Stormwater permit identifies certain site requirements in regard to erosion prevention that, if utilized properly along with all other BMPs required by the permit, can effectively control erosion and sediment problems on a construction site.
Site stabilization is the process of implementing specific BMPs for the purpose of preventing soil from eroding. BMPs utilized for this purpose involve establishing a cover of some type over the exposed soils such as mulch, staked sod, riprap, erosion control blankets, or other material that prevents soil from eroding. Covering the soil with seed only, is not considered a stabilization practice. Mulch needs to be applied with the seed to stabilize the soil until the vegetation is established.
Sediment control BMPs, such as silt fence, rock checks, bio rolls, drainage swales, sediment traps or perimeter controls are utilized along with the soil stabilization BMPs. Perimeter controls are used to trap sediment prior to leaving the site, but alone are not considered soil stabilization practices.
At a minimum, the permit requires that the following practices are utilized to prevent soil from eroding at construction sites:
Note that the permit definition for surface water in the permit is not just lakes or streams, but also any natural or artificial water feature including drainage systems such as ditches, swales, or inlets. Therefore, ditches or swales that connect to another drainage system must follow these requirements.
If the construction site is within one mile of a special or impaired water (defined in Part B.1. through B.9 and B.10 in Appendix A of the permit), as determined by the aerial radial distance from the site and not the flow distance; the following additional erosion prevention requirements are required in regard to preventing erosion:
For full details of the permit requirements, a copy of the NPDES/SDS Construction Stormwater permit is available online.
Temporary stabilization BMPs are meant to cover bare soil to reduce the potential of soil erosion during the construction. It is important to utilize temporary stabilization techniques throughout the duration of the project as well as at the end of the project to achieve final stabilization.
The permit requires that the Permittees take action to initiate soil stabilization immediately when it is known that construction activities will not resume for 14 days for most sites, seven days for sites that drain to special or impaired waters and within 24 hours for sites where DNR “work in water restrictions” apply during fish spawning timeframes. Plan to utilize temporary cover on portions of the site that will sit dormant for these periods of time whether or not final grading has been completed.
Note that construction activity is defined in the permit as land disturbance that changes topography or existing soil cover and does not include the construction activity on the site to build vertical infrastructure such as buildings or bridges or application of pavement to roads and parking lots. Vehicle traffic on the site is also not considered construction activity for purposes of the permit. Therefore, even if building construction or other non-soil disturbing activity is continuing at the site, the surrounding soils that are not actively worked must still be stabilized within the permit timelines.
Initiating immediately means by the end of the day following the day land-disturbing activities have temporarily or permanently ceased. Activities that can be taken to initiate stabilization include:
Due to constantly changing circumstances at construction sites and limited life span of temporary BMPs, expect that stabilization BMPs may need to be replaced several times over the length of the project. Having additional materials available at the site can help manage the soil stabilization requirements and timelines for completing maintenance.
Any and all tools that you plan to implement on the site should be included in the site’s SWPPP. When writing the SWPPP, include a description of the practices and integrate them into the time line of all construction activities. In addition, label the locations of the practices on site plans and include detailed