Maine Construction General Permit - by Roaring Brook Consultants

MAINE CONSTRUCTION

GENERAL PERMIT

Background

As of March 10, 2003, certain construction activities in Maine will require coverage under the Maine Construction General Permit (MCGP). The MCGP is based on the federal National Pollutant Discharge Elimination System (NPDES) Stormwater program that applies nationwide. The federal Environmental Protection Agency has delegated its authority to administer this program to the Maine Department of Environmental Protection (DEP). The program provides that certain discharges are not allowed unless they are licensed, and the DEP is licensing certain discharges of stormwater from construction activities when the requirements of the MCGP are met.

Who comes under the Maine Construction General Permit

Stormwater that flows over disturbed areas as a result of rain and snowmelt will pick up pollutants, including soil. These runoff flows are likely to concentrate, resulting in a direct discharge of pollutants to wetlands and waterbodies of the State. Given soil, weather, and widespread water resources in Maine, the Department expects most construction sites disturbing an acre or more of land to potentially create a direct discharge. Some areas, such as internally drained gravel pits, will not. A landowner, contractor, or developer may need coverage under the MCGP if his or her construction project will directly discharge to a surface waterbody, and the construction will result in any of the following:

One acre or more of disturbed land;

A common plan of development located in an area subject to LURC jurisdiction and requiring a LURC permit; or

A common plan of development located outside LURC jurisdiction and requiring a Stormwater Law or Site Location of Development Law permit.

Note: An example of a common plan of development would be a commercial site plan or subdivision.

What is "disturbed area"?

"Disturbed area" includes all areas where soil is cleared, graded, and excavated. Cutting trees alone, without grubbing, removing stumps, disturbing or exposing soil, etc. is not considered disturbed area. Disturbed area does not include routine maintenance, but does include redevelopment. Routine maintenance is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of the facility.

How do I apply for a Maine Construction General Permit?

Maine's CGP process has been modeled after the Permit-by-Rule (PBR) process under the Natural Resources Protection Act. Like PBR, the Notice of Intent (NOI) for the MCGP is a one page form filed with the DEP. The NOI must be filed and approved prior to any disturbance of construction. Using the NOI form, you will provide information including, but limited to, your address, the project location, the size of the disturbed area and a brief description of the project. By signing the NOI, you are agreeing to meet the requirements of the general permit, including standards for erosion and sedimentation control; inspection and maintenance of any stormwater control practices; and "housekeeping" (ex. preventing fuel spills and controlling dust on the construction site). Specific standards of these activities are found in the MCGP. When you have completed your project and the disturbed areas have been permanently stabilized, you must submit a Notice of Termination (NOT) and photos to the DEP. Notification forms and copies of the MCGP can be obtained by calling your regional DEP office or on the web at the following address:

http://www.state.me.us/dep/blwq/docstand/stormwater/construction.htm.

What else do I need to send with my Notice of Intent?

All NOI forms must be accompanied by a site plan for your project. The site plan must show the extent of the disturbed area(s), identify nearby wetlands and waterbodies, and the location of downgradient vegetated buffers. Plans must be legible reproducible, and drawn to scale. Written approval from the Department of Inland Fisheries and Wildlife (IF&W) must accompany your NOI if your project is located in an essential habitat area. Maps showing these areas are available from the IF&W and at DEP regional offices.

In addition to the site plan, certain projects require an erosion and sedimentation control plan (ESC) to be submitted with the NOI.

Who needs to do an erosion and sedimentation control plan?

You must complete and maintain an ESC plan if your project includes any of the following:

Disturbed area if:

One acre or more will be disturbed in the watershed of an impaired waterbody (C); or

Three acres or more will be disturbed in a watershed;

A common plan if:

The common plan of development drains to an impaired waterbody (C), and also requires a Stormwater Law, Site Location of Development Law or LURC permit; or

The common plan of development does not drain to an impaired waterbody (C), will include 3 acres or more of disturbed area, and also requires a Stormwater Law, Site Location of Development Law or LURC permit
.

Erosion and Sedimentation Control Plans prepared under responsible charge of a certified professional in Erosion and Sedimentation Control.