Construction stormwater best management practice – Agricultural Conservation Practice Projects
Contents
Agricultural Conservation Practice Projects
Guidance Regarding NPDES/SDS Construction Stormwater Permit Requirements
Use this guidance to determine whether a NPDES/SDS construction stormwater permit is needed for your agricultural conservation practice project.
Background
Construction activity that disturbs one or more acres of land, along with smaller sites that are part of a larger development disturbing one or more acres of land, requires coverage under a NPDES/SDS construction stormwater permit. Construction activity includes practices such as clearing, grading, and excavation.
This fact sheet clarifies the use of the federal exclusion for agricultural activities outlined in the Clean Water Act at 40 CFR Part 122.3(e). The Clean Water Act states that pollutants from non-point source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, range lands, and forest lands, are excluded from stormwater regulations.
Types of projects excluded
Construction activities that are associated with the installation of certain conservation practices associated with non-point source agricultural activities, that are for the purpose of soil erosion prevention and sedimentation reduction, are not required to obtain NPDES/SDS construction stormwater permit coverage. Examples of these practices may include:
- Grassed waterways
- Diversions
- Water and sediment control basins
- Terraces
- Grade stabilization structures
- Lined waterways
Landowners and contractors who work on these types of projects conducted under state and federal conservation programs must follow the applicable construction standards and specifications required by those programs for erosion prevention and sediment control Best Management Practices (BMPs) during construction.
Feedlot construction sites at non-concentrated animal feeding operations (CAFOs) with less than 1,000 animal units are required to follow applicable erosion prevention and sediment control BMPs defined in guidance in order to avoid the requirement to have a construction stormwater permit.
Types of projects that require a permit
The federal exclusion does not apply to CAFOs or the construction of buildings. The Minnesota NPDES/SDS General Permit for Livestock Production includes construction stormwater permit requirements and coverage.
Agricultural conservation practices that: a) disturb one or more acres of land and do not meet the exclusion criteria above, or b) are located in or adjacent to a stream, river or lake and would have a high potential to violate state water quality standards during construction, are required to obtain NPDES/SDS construction stormwater permit coverage. For more information, contact the MPCA office located near you.
Further information=
General information:
- Please call the Stormwater Program at 651-757-2119 or toll-free at 800-657-3804. Also, visit the MPCA construction stormwater Web site
- For drainage ditch projects, see applicable guidance: www.pca.state.mn.us/publications/wq-strm2-17.pdf.
Technical information:
Natural Resources Conservation Service and Soil and Water Conservation District offices can also answer questions about construction site erosion and sediment control practices. For further information, consult:
- [www.pca.state.mn.us/publications/wq-strm2-09.pdf Stormwater Compliance Assistance Tool Kit for Small Construction Operators]
- Protecting Water Quality in Urban Areas Manual, MPCA, www.pca.state.mn.us/water/pubs/sw-bmpmanual.html
- Stormwater Management for Construction Activities, U.S. EPA, http://cfpub1.epa.gov/npdes/stormwater/const.cfm (Go to Publications, then to Policy and Guidance Documents)
- Summary Guidance, U.S. EPA, www.epa.gov/npdes/pubs/owm0307.pdfMPCA construction stormwater Web site: www.pca.state.mn.us/water/stormwater/stormwater-c.html.
- For drainage ditch projects, see applicable guidance: www.pca.state.mn.us/publications/wq-strm2-17.pdf.