Stormwater Permits for Construction

EPA Region 8 is the NPDES stormwater permitting authority for construction activities located in Federal facilities in Colorado and Indian country in Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming

Documents are provided below in the Adobe PDF format. About PDF files

1. Applying for a construction stormwater permit
2. Waivers for small construction activities
3. Guidance documents for construction
4. Special conditions for projects on the Flathead Indian Reservation
5. Special conditions for projects on the Fort Peck Indian Reservation

Applying for a permit

Each entity considered an operator of a construction activity exceeding one acre in size must submit an Notice of Intent (NOI) form to EPA be covered under EPA's Construction General Permit (CGP). Prior to obtaining permit coverage, a site-specific stormwater pollution prevention plan (SWPPP) must be complete and include any appropriate measures to ensure that endangered species and historic properties are protected. Additional requirements apply for projects in the Flathead Indian Reservation and the Fort Peck Indian Reservation.

Does Your Construction Site Need a Stormwater Permit?

Construction General Permit (CGP 2008). This permit contains substantially the same terms and conditions as the 2003 CGP:

At this time, permit coverage under the 2008 CGP is not available for all areas previously covered by the 2003 CGP due to delays in the state certification process (Clean Water Act (CWA) Section 401). Currently, permit coverage is not yet available for construction sites in Colorado Federal facilities, Colorado Indian country, and Montana Indian country. The Agency will update the permit as States and Tribes complete the certification process. Operators of "new" construction sites in these areas should comply with the 2003 CGP, including installing and maintaining stormwater controls at their site and developing a Stormwater Pollution Prevention Plan (SWPPP) in conformance with the 2003 CGP, until permit coverage is available under the 2008 CGP. EPA's Office of Enforcement and Compliance Monitoring issued a low enforcement priority memo (PDF, 122kB) indicating that the Agency will not pursue enforcement actions against dischargers in these areas who are unable to obtain permit coverage but are meeting the requirements described in the 2003 CGP.

Federal Register Notice (PDF, 110kB)
Final 2008 Construction General Permit (PDF, 988kB)
Permit Fact Sheet (PDF, 398kB)
Questions and Answers about the 2008 Construction General Permit (PDF, 68kB)

Applications for permits can be submitted via the Internet or can be sent via mail. All applications for permit coverage are handled by the Notice of Intent processing center in Washington, DC.

1. Applying, modifying, or terminating permit coverage online - Visit the eNOI - Electronic Notice of Intent processing center

2. Applying, modifying, or terminating permit coverage via paper application using a Notice of Intent (NOI) form:

Notice of Intent Application Form (PDF, 313kB)
Notice of Intent Modification Form (PDF, 373 kB)
Notice of Termination Form (PDF, 400kB)

Submit your forms by mail to one of the following addresses:

For Regular U.S. Mail Delivery:
Stormwater Notice Processing Center
Mail Code 4203M
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460

For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
Room 7420
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004

Waivers for Small Construction Activities

Waiver form for small construction projects
Erosivity Index Fact Sheet (for the erosivity index small construction project waiver)

Guidance for Construction Site Operators

Small Construction Program Overview

Kentucky Erosion Prevention and Sediment Control Field Guide - This guide is a nationally recognized resource for designing and implementing effective erosion control practices at construction sites.

Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites
SWPPP Template - From EPA's construction SWPPP guidance.
Sample Inspection Report - From EPA's construction SWPPP guidance

Special Conditions Applicable to Construction Activities on the Flathead Indian Reservation

The following conditions apply only for projects on the Flathead Indian Reservation:

1) The permittee must send the SWPPP to the Tribes at least 30 days before construction starts. The 30 day period will give Tribal staff time to become familiar with the project site, prepare for construction inspections and determine compliance with Tribal water quality standards, as required by the Tribe's Water Quality Management Ordinance 89B (1990) and Surface Water Quality Standards & Antidegradation Policy (1995). Copies of the SWPPP should be sent to the following address:

Confederated Salish and Kootenai Tribes
Natural Resources Department
Department Head
P.O. Box 278
Pablo, MT 59855

2) Before submitting the Notice of Termination, permittees must clearly demonstrate to an appointed tribal staff person during an on-site inspection that requirements for site stabilization have been met and all temporary erosion control structures removed. The staff person performing the on-site inspection will be determined by the Environmental Protection Division Manager. The staff person will draft a short letter stating the stabilization requirements have been met to add to the permittees Notice of Termination submission to EPA.

3) The permittee must send a copy of the Notice of Intent (NOI) and the Notice of Termination (NOT) to the Tribes at the same time that the NOI and NOT is sent to EPA. Copies of the NOI and NOT should be sent to the address above.

Special Conditions Applicable to Construction Activities within the Fort Peck Indian Reservation

1) The permittee must send a copy of the Notice of Intent (NOI) and the Notice of Termination (NOT) to the Tribes at the same time that the NOI and NOT is sent to EPA. Copies of the NOI and NOT should be sent to the following address:

Deb Madison
Environmental Program Manager
Fort Peck Assiniboine & Sioux Tribes
PO Box 1027
Poplar, MT 59255

National Information

Regional Information