Stormwater Program for Construction Activity

Overview

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.

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)

Online Stormwater Permit Application

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

A General Stormwater Permit is necessary for owners and operators of construction activities disturbing:

  • One acre or more of soil
  • Less than one acre of soil if that activity is part of a “larger common plan of development or sale” that is greater than one acre
  • Less than one acre of soil, but the MPCA determines that the activity poses a risk to water resources

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.

Construction Program FAQ

If your project must complete a paper form or if you are unable to use the online application, contact the MPCA at CSW.pca@State.mn.us or call the MPCA Stormwater Hotline at 651-757-2119 or 800-657-3804. For instructions on how attain a copy of the paper form.

Notice of Termination/Permit Modification Form

Use the Notice of Termination application to terminate permit coverage of the original Stormwater Permit number or the Subdivision Registration permit number.

How to Use the Notice of Termination/ Permit Modification Form (wq-strm2-60i)

Special Waters and Impaired Waters