Arkansas Construction Stormwater Permit (6-AR-b)
Construction Stormwater Permit Process
6-AR-b.1 – Will the Project Disturb Less than 5 Acres of Land?
ADEQ classifies projects that disturb less than five (5) acres of land as small projects. Projects that disturb five (5) or more acres of land are classified by ADEQ as large projects. Construction Stormwater General Permit.
6-AR-b.2 – Complete Stormwater Pollution Prevention Plan for Small Projects
Before starting the project, the developer must complete a Stormwater Pollution Plan (SWPPP) for the project. ADEQ Construction Stormwater General Permit. ADEQ has prepared a template for small construction sites that the developer may use to draft a SWPPP. The SWPPP must:
- Identify potential, site-specific sources of pollution that may affect the quality of stormwater discharges from the construction;
- Identify, describe, and ensure the implementation of site-specific Best Management Practices, with an emphasis on initial site stabilization, which are to be used to reduce pollutants in stormwater discharges from the construction site;
- Identify the responsible party for on-site SWPPP implementation; and
- Develop a legible site map (or multiple maps, if necessary) complete to scale, showing the entire site that identifies the following:
- a pre-construction topographic view;
- the direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after grading activities;
- areas of soil disturbance and areas that will not be disturbed;
- locations of major structural and nonstructural controls identified in the plan;
- locations of main construction entrances and exits;
- locations where stabilization practices are expected to occur;
- locations of off-site materials, waste, borrow areas, or equipment storage areas;
- location of areas used for concrete wash-out;
- locations of all surface water bodies (including wetlands);
- locations where stormwater is discharged to a surface waters and/or municipal separate storm sewer systems if applicable,
- locations where stormwater is discharged off-site; and
- locations of areas where final stabilization has been accomplished and no further construction phase permit requirements apply.
6-AR-b.3 – Notice of Coverage for Small Projects Under the Construction Stormwater General Permit
Once the developer has completed the SWPPP, the developer must complete an ADEQ Small Construction Site Notice of Coverage and post the notice at the construction site. ADEQ deems the developer to have automatic coverage under the ADEQ Construction Stormwater General Permit once the developer posts the notice at the construction site. In addition to posting the notice, the developer must keep a copy of the SWPPP at the construction site and comply with the conditions of the ADEQ Construction Stormwater General Permit at all times.
6-AR-b.4 – Stormwater Pollution Prevention Plan (SWPPP) (If Applicable)
If the developer’s project disturbs five (5) or more acres of land, the developer must first complete a Stormwater Pollution Prevention Plan (SWPPP) for the project. ADEQ has prepared a template for large construction sites that the developer may use to craft a SWPPP.
6-AR-b.5 – Notice of Intent for Construction Stormwater General Permit
After developing a SWPPP the developer must complete and submit a Construction Stormwater Notice of Intent (NOI) to ADEQ. The NOI can be submitted by email, in hard copy, or online on ADEQ’s ePortal System. The NOI must contain:
- The developer’s name, address, phone number and email address;
- Whether the NOI is for a new or renewed Permit;
- Project information, including:
- the location of the project;
- the estimated construction start and end dates;
- the estimated total project acreage;
- the estimated total acreage that will be disturbed; and
- the type of project;
- Discharge information, including the name of the receiving stream, ultimate receiving stream and/or municipal storm sewer system;
- A list of current permits; and
- Other relevant information (e.g. the location of the SWPPP).
The developer must submit the NOI at least ten (10) days before the proposed start of construction. Additionally, the developer must also submit the SWPPP and a fee of $200 to ADEQ along with the NOI. ADEQ Construction Stormwater General Permit.
6-AR-b.6 to 6-AR-b.7 – Review NOI Materials for Completeness
After receiving the NOI and accompanying documents from the developer, ADEQ reviews the NOI for administrative and technical completeness. If ADEQ determines the NOI is incomplete, ADEQ notifies the developer of the deficiencies by letter, email, or phone within ten (10) business days of the ADEQ’s receipt of the NOI. If the developer does not receive a notification of deficiencies within that timeframe, the NOI is deemed complete. ADEQ Construction Stormwater General Permit.
6-AR-b.8 to 6-AR-b.10 – Review NOI for Approval
After determining the NOI is complete, ADEQ reviews the NOI to determine whether to issue coverage under the Permit. After the review of the NOI and other available information, ADEQ may deny coverage under the General Permit and require the developer to apply for an individual permit.
6-AR-b.11 – Notice of Coverage for Large Projects Under the Construction Stormwater General Permit
Unless notified otherwise by ADEQ, the project is covered under the Permit ten (10) business days after ADEQ deems the NOI complete. If ADEQ approves the NOI, ADEQ issues and sends a Notice of Coverage (NOC) to the developer. The developer must post the NOC at the construction site, as well as keep a copy of the SWPPP on site. The developer must comply with all the terms and conditions of the Permit. The developer is also assessed an annual fee for every year the project is covered under the Permit. ADEQ Construction Stormwater General Permit.
6-AR-b.12 – Notice of Termination
The developer may submit a Notice of Termination (NOT) to ADEQ when:
- All construction activities that disturbed soil are complete;
- The site has reached final stabilization;
- All stormwater discharges from construction activities authorized by the Permit are eliminated; and
- All temporary sediment controls are removed and properly disposed of.
Final stabilization is defined in Section A of the Permit. The developer must also submit pictures of the entire site along with the NOT. If ADEQ approves the NOT, the project’s coverage under the Permit terminates. ADEQ Construction Stormwater General Permit.
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- Clean Water Act
- National Pollutant Discharge Elimination System
- Arkansas – Ark. Code §§ 8-4 et seq., Arkansas Water and Air Pollution Control Act
- Arkansas – Department of Environmental Quality – Regulation 6 et seq., Regulations for State Administration of the National Pollutant Discharge Elimination System (NPDES)
- Arkansas – Department of Environmental Quality – Construction Stormwater General Permit
- Arkansas – Department of Environmental Quality – Small Project SWPPP Template
- Arkansas – Department of Environmental Quality – Small Construction Site Notice of Coverage
- Arkansas – Department of Environmental Quality – Large Project SWPPP Template
- Arkansas – Department of Environmental Quality – Construction Stormwater Notice of Intent
- Arkansas – Department of Environmental Quality – ePortal System
- Arkansas – Department of Environmental Quality – Construction Stormwater Notice of Termination