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Nevada Construction Stormwater Permit (6-NV-b)

In Nevada, a developer may need a Construction Stormwater Permit from the Nevada Bureau of Water Pollution Control within the Nevada Division of Environmental Protection (NDEP) if the project will discharge stormwater into waters of the U.S. and will disturb one or more acres or is part of a larger common plan of development or sale that will ultimately disturb one or more acres. Nev. Rev. Stat. Ann. § 445A; Nev. Admin. Code § 445A. In certain cases where NDEP determines that a project less than one acre in size will impact receiving waters or their tributaries within a ¼-mile radius of the project, NDEP may still require the developer to obtain a Construction Stormwater Permit. NDEP Construction Stormwater FAQs 2.

Construction Stormwater Permit Process

6-NV-b.1 – Does the Site Qualify for a Construction Stormwater Permit Waiver?

Certain small construction projects may qualify for a Construction Stormwater Permit Waiver. The waiver is obtained through completion of the Notice of Intent process, and the developer will not be required to submit a filing fee. NDEP Construction Stormwater FAQs 2.

6-NV-b.2 – Stormwater Pollution Prevention Plan

A developer must complete a Stormwater Pollution Prevention Plan (SWPPP) prior to submitting a Notice of Intent. A SWPPP describes how the developer will satisfy the stormwater permit requirements for preventing and controlling pollutants in construction site runoff. The Stormwater Pollution Prevention Plan should include at a minimum:

  • A project description;
  • Stormwater control measures (best management practices - BMP);
  • Offsite storage areas;
  • Erosion and sediment controls;
  • Stabilization practices;
  • Structural practices;
  • Post-construction stormwater management;
  • Non-stormwater discharge maintenance; and
  • Other Control.

SWPPPs must include Best Management Practices (BMPs). BMPs are schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution to waters of the United States. BMPs can also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

6-NV-b.3 - Notice of Intent and Associated Documents

The developer must submit a Notice of Intent to NDEP at least two days prior to beginning construction at the proposed site. NDEP Construction Stormwater FAQs 6. NDEP has developed an online NOI submission system that developers use to file NOIs. The Notice of Intent must include:

  • The Developer’s name, address, and phone number;
  • The project name, address, latitude, longitude and at least one Assessor’s Parcel Number ;
  • The estimated construction start date;
  • The estimated construction completion date;
  • The estimated area the activity will disturb (to the nearest acre);
  • The estimated likelihood of stormwater discharge; and
  • The address and location of where the SWPPP can be viewed.

Once the developer has successfully completed the NOI on-line, they are provisionally covered under the Construction Stormwater General Permit. NDEP Construction Stormwater FAQs 7.

6-NV-b.4 – Review Notice of Intent

The NDEP reviews the Notice of Intent for compliance with the general permit requirements. NPED will complete review of the Notice of Intent within 60 days of submission and payment of the required fees. NAC 445A.266(2).

6-NV-b.5 to 6-NV-b.6 – Does NDEP Approve the Permit?

NDEP may approve or deny are request for a general permit. Developers may be required to amend SWPPPs for approval.

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

If the NDEP approves the Notice of Intent, the NDEP issues the developer a Construction General Permit for construction stormwater discharge.

6-NV-b.8 – Comply with General Permit Requirements and Implement New BMPs as Necessary

Developers must comply with all requirements outlined in the General Permit. Any discharges that do not comply with the eligibility conditions in the General Permit are not authorized. Developers may be required to amend SWPPP elements as necessary to maintain accuracy if there are changes in design or construction of the project or if the SWPPP is found to be insufficient. Stormwater General Permit NVR100000, 7.

6-NV-b.9 – Notice of Termination

Developers must submit a Notice of Termination form to the Nevada Division of Water after the site has reached final stabilization. NDEP defines ‘final stabilization’ as a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (e.g., rock, geotextiles, erosion control blankets, etc.).

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