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North Dakota Construction Stormwater Permit (6-ND-b)

Information current as of 2020
In North Dakota, a person (developer) may need a Construction Stormwater General Permit (Permit) from the North Dakota Department of Health (NDDoH) for construction projects that disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land. A developer needs to obtain a Permit to remain in compliance with the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act (CWA). North Dakota’s NPDES program is implemented in N.D. Admin. Code §33-16, pursuant to N.D. Cent. Code §61-28.

Construction Stormwater Permit Process

6-ND-b.1 – Develop Stormwater Pollution Prevention Plan

The developer must create a Stormwater Pollution Prevention Plan (SWPPP) prior to applying for a Permit. The SWPPP must include:

  • A site description;
  • A narrative description of the selected operational controls and sediment and erosion controls;
  • Permanent stormwater management practices to be used; and
  • A description of maintenance plans and inspection.

A detailed list of requirements needed for the SWPPP can be found in the NDDoH Construction Stormwater General Permit. Additionally, NDDoH provides a SWPPP Template developers can use to create an SWPPP.

6-ND-b.2 – Notice of Intent

The developer must complete and submit a Notice of Intent (NOI) to NDDoH. There is no fee that the developer must submit with the NOI. The developer is not required to submit the SWPPP with the NOI, but must provide the SWPPP to NDDoH upon request. The NOI must contain:

  • The developer’s name, mailing address and phone number;
  • The name of the project;
  • The project/site location (street address; section, township, range; or latitude and longitude) and county;
  • A brief description of the construction activity;
  • The anticipated start date and the anticipated completion date for the project (if known);
  • The estimated total area of the site and the total area of disturbance in acres; and
  • The name of receiving water(s), or the name of the municipal storm sewer system and receiving water(s).

NDDoH Construction Stormwater General Permit.

6-ND-b.3 to 6-ND-b.6 – Review Application Materials for Completeness

After receiving an NOI, NDDoH reviews the NOI for administrative and technical completeness. If the NOI is incomplete, NDDoH notifies the developer of the deficiencies. NDDoH also ensures that the project qualifies for a General Permit. If NDDoH determines the developer’s project does not qualify for a General Permit, the developer must obtain an Individual Permit from NDDoH. N.D. Admin. Code §33-16-01-26.1.

6-ND-b.7 – Construction Stormwater General Permit

Unless notified by NDDoH, the developer’s Permit coverage becomes effective seven (7) days after NDDoH receives the compete NOI. NDDoH may suspend or revoke the Permit for cause. The Permit is subject to several standard conditions, including:

  • A duty to comply;
  • A duty to properly operate and maintain the facility;
  • A duty to provide information;
  • A duty to report non-compliance within 24 hours;
  • A duty to mitigate any violations;
  • A duty to allow entry and inspections by NDDoH and the Environmental Protection Agency; and
  • A duty to reapply within 15 days of the current Permit’s expiration date.

NDDoH Construction Stormwater General Permit.

6-ND-b.8 – Notice of Termination

In order to terminate coverage under the Permit, the developer must submit a Notice of Termination (NOT) to NDDoH. The developer can only submit an NOT when final stabilization is achieved, or when the developer passes control of the project to another operator. The developer should submit an NOT within 30 days of final stabilization or a transfer of control.

Final stabilization occurs when:

  • All soil disturbing activities at the site have been completed and all soils are stabilized by a uniform perennial vegetative cover with a density of 70 percent of the pre-existing cover over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions and:
    • All drainage ditches, constructed to drain water from the site after construction is complete, are stabilized to prevent erosion;
    • All temporary erosion prevention and sediment control BMPs (such as silt fence) are removed as part of the site final stabilization; and
    • The developer removes all sediment from conveyances and temporary sedimentation basins that will be used as permanent water quality management basins. Sediment must be stabilized to prevent it from being washed into basins, conveyances or drainage ways discharging off-site or to surface waters;
  • For areas of the state where the average annual rainfall is less than 20 inches, all soil disturbing activities at the site are completed and erosion control measures (e.g., degradable rolled erosion control product) and stabilization methods are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three (3) years and achieve 70 percent of the pre-existing vegetative cover within three (3) years without active maintenance; or
  • Disturbed areas on land used for agricultural purposes are restored to their pre-construction agricultural use. If the construction activity removed standing crop, the area must be restored in accordance with the landowner.

NDDoH Construction Stormwater General Permit.

6-ND-b.9 – Appeal Decision (Optional)

Any person claiming to be aggrieved or adversely affected by actions taken by NDDoH has a right to petition NDDoH for relief pursuant to N.D. Cent. Code §61-28-07. N.D. Admin. Code §33-16-01-28.

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Contact Information

Edit North Dakota Department of Health
Storm Water Program Coordinator 701-328-5242 Visit Website