Any construction site that disturbs one or more acres, or that is part of a larger common plan of development that disturbs one or more acres.

A construction activity is part of a larger common plan of development if it is completed in one or more of the following ways:

• – in separate stages
• – in separate phases
• – in combination with other construction activities

It is identified by the documentation that identifies the scope of the project including such things as the following:

• – plats
• – blueprints
• – marketing plans
• – contracts
• – building permits
• – public notice or hearing
• – zoning requests

It can include one operator or many operators.

Example: A subdivision is being developed. You are building homes on 2 acres, another company is clearing 3 acres in the next phase, and a contractor is excavating another 0.5 acres for a pond. In this case, the total area that would be disturbed is 5.5 acres, so each operator would fall under the requirements associated with disturbing 5 or more acres.

During construction, there may be changes to the scope of your project that conflict with the information provided in your Notice of Intent (NOI). When this occurs, you are required to file an NOI Change, also known as a Notice of Change, to update your NOI.

Triggers for submitting a Notice of Change include:

• – Changes to the estimated area to be disturbed
• – Changes in the description of the construction project
• – Changes to the name of the operator
• – Changes to the project or site name
• – Changes to information related to the use of chemical treatment at your site
• – Changes to eligibility information related to endangered species protection or historic preservation

A Notice of Termination (NOT) must be submitted to request the closure of your permit. To terminate coverage, one or more of the following conditions must be met:

1. Your site has achieved final stabilization
2. You have transferred control of all areas of the site for which you are responsible under this permit to another operator, and that operator has submitted an NOI and obtained coverage under this permit
3. Coverage under an individual or alternative general NPDES permit has been obtained

NOI application requirements vary from state to state. For example, applicants for an EPA NOI must provide:

1. NPDES permit information
2. Operator information
3. Project/site information
4. Discharge information
5. Chemical treatment information, if applicable
6. SWPPP and personnel training information
7. Endangered species protection information
8. Historic preservation information
9. Certification of NOI
10. Contact information for NOI preparer