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Permits for Stormwater Discharges Associated with Construction Activities

Bennington Bypass

Under the National Pollutant Discharge Elimination System (NPDES), construction projects involving one acre or more of land disturbance require a permit for the discharge of stormwater.

Construction General Permit 3-9020

Construction General Permit 3-9020 authorizes permittees to discharge stormwater runoff from construction activities provided the project is in compliance with the requirements of the permit. The permitting requirements for projects authorized under this general permit depend upon the risk of having a discharge of stormwater from the construction site. There are two risk categories authorized by the general permit: Low Risk and Moderate Risk. Projects that pose a higher risk are ineligible to use the general permit, and must file an application for an Individual Permit.

The Construction General Permit 3-9020 (pdf, 511k) was last amended in 2008.

To determine the risk category for a proposed project, applicants must complete Appendix A (pdf, 331k) of the permit. Appendix A is a risk evaluaiton procedure to determine the risk category for a project. A guidance document has been prepared to assist applicants with this process.

Low Risk Construction Activities

Projects that qualify as Low Risk do so because of favorable site conditions. For these projects, applicants will need to file a Notice of Intent that certifies that they will employ the measures contained in the Low Risk Site Handbook for Erosion Prevention and Sediment Control. A complete application for a Low-Risk eligible project will be automatically authorized following a 10-day public comment period provided no comments are received.

Moderate Risk Construction Activities

Projects that qualify as Moderate Risk require the development of a site specific Erosion Prevention and Sediment Control (EPSC) Plan that meets the requirements of the general permit and conforms to the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006). Moderate Risk projects require preparation by an individual familiar with the principles of erosion prevention and sediment control.

Construction Acivities Requiring an Individual Permit

Certain projects are not eligible for coverage under the Construction General Permit (pdf, 511k). These projects must apply for Individual Permit coverage.

Applications must be submitted via postal mail (or hand delivered) and shall include a CD or DVD containing application materials. E-mail submittals will not be accepted. See Electronic Submittal Guidance

Filing a Construction General Permit (CGP) 3-9020 Application for Low Risk Projects

To apply for coverage under the Construction General Permit for a Low Risk Project:

1. Complete Appendix A to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Low Risk.

2. Complete the appropriate Notice of Intent for Low Risk Projects (fillable pdf, 219k).

3. Bring the completed NOI to the municipal clerk in the municipalities where the project will occur. The municipal clerk must post the completed NOI. Information for the municipal clerk is on page 4 of the NOI. Please note that Section E (page 2) of the NOI (Public Notice Requirement) must include the date on which the NOI was posted at the municipal clerk's office.

4. Submit the completed Appendix A and the Low Risk NOI along with a check for the processing fee payable to State of Vermont to:

Vermont Department of Environmental Conservation

Watershed Management Division

1 National Life Drive

Main Building, Second Floor

Montpelier, VT 05620-3522

5. The fee for Low Risk Projects is $50.

Filing a Construction General Permit 3-9020 Application for Moderate Risk Projects

To apply for coverage for your project under the Construction General Permit for a Moderate Risk Project:

1. Complete Appendix A to determine if your project is eligible for coverage under the CGP and if so, whether your project qualifies as Moderate Risk.

2. Prepare an Erosion Prevention and Sediment Control Plan (EPSC) in accordance with the Vermont Standards and Specifications for Erosion Prevention and Sediment Control (2006) and Appendix B of the CGP.

3. Complete the EPSC Summary Forms (pdf, 1.12 MB) (Word version).

4. Complete the Notice of Intent for Moderate Risk Projects (fillable pdf, 218k).

5. Bring the completed NOI to the municipal clerk(s) in the municipalities where the project will occur. The municipal clerk must post the completed NOI. Information for the municipal clerk is on page 4 of the NOI. Please note that Section E of the NOI (Public Notice Requirement) must include the date on which the NOI was posted at the municipal clerk's office.

6. Submit the completed Appendix A, the EPSC Plan with summary forms, the completed NOI along with a check for the processing fee payable to State of Vermont to:

Vermont Department of Environmental Conservation

Watershed Management Division

1 National Life Drive

Main Building, Second Floor

Montpelier, VT 05620-3522

7. The fee for Moderate Risk Projects is $360.

Technical Documents

(.pdf, 578k)

Low Risk Handbook

For use on projects that qualify as Low Risk under the CGP. Applicants must certify on the NOI that they will implement the measures included in this guide and follow the provisions on their Notice of Authorization.

Field Guide

Provides technical guidance on the proper installation and maintenance of EPSC measures. Specifies acceptable interchangeable practices that may be substituted without amending the authorized EPSC plan.