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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 the authority to administer this program to the Maine Department of Environmental Protection (DEP). The program provides that certain discharges of stormwater from construction activities are not allowed unless they are licensed. The DEP can license certain discharges when the requirements of the MCGP are met. Who comes under the Maine Construction General Permit? Stormwater that results from rain and snowmelt can pick up pollutants, including soil, as it flows over disturbed areas. These runoff flows are likely to concentrate, resulting in a direct discharge of pollutants into the wetlands and waterbodies of Maine. Given the soil, weather, and widespread water resources in Maine, the Department expects most construction sites disturbing an acre or more of land to have the potential to 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 Land Use Regulation Commission (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 any area where soil is cleared, graded, and/or excavated. Cutting trees alone, without grubbing, removing stumps, disturbing or exposing soil, etc., does not produce disturbed area. Disturbed area does not include areas of routine maintenance, but does include areas of re-development. (Routine maintenance is maintenance performed to maintain the hydraulic capacity and the original line, grade, and 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 by construction. Using the NOI form, you will provide information including but not limited to your address, the project location, the size of the disturbed area, and a brief | ||||||||||
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ENGINEERING A BETTER FUTURE | |||||||||||