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West Virginia Construction Stormwater Permit (6-WV-b)

In West Virginia, a developer may need a Construction Stormwater General Permit (“Permit”) from the West Virginia Department of Environmental Protection (“WVDEP”) 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, in compliance with the National Pollutant Discharge Elimination System (“NPDES”) of the Clean Water Act (“CWA”). West Virginia implements the state’s NPDES program in W.V. Code of State Rules §47-10. WVDEP issues Permits to developers pursuant to W.V. Code §22-11-4.


Construction Stormwater Permit Process

6-WV-b.1 – Will the Project Disturb 3 or More Acres of Land, Discharge into a Tier 3.0 Body of Water, or Have Construction Lasting Longer than 1 Year?

The developer must submit a Construction Stormwater General Permit Notice of Intent (“NOI”) to WVDEP if the proposed project:

  • Disturbs less than three (3) acres of land;
  • Will not discharge into a Tier 3.0 stream or body of water; and
  • Won’t have construction lasting longer than (1) year.

Construction Stormwater General Permit NOI Instructions.

Alternatively, the developer must submit a Construction Stormwater General Permit Site Registration Application Form (“Site Registration”) to WVDEP if the proposed project:

  • Disturbs three (3) or more acres of land;
  • Will discharge into a Tier 3.0 stream or body of water; or
  • Will have construction lasting for more than one (1) year.

Construction Stormwater General Permit NOI Instructions.

6-WV-b.2 – Construction Stormwater General Permit NOI

The developer may submit a Construction Stormwater General Permit NOI to WVDEP to register for the Permit if the proposed project:

  • Disturbs less than three (3) acres of land;
  • Does not discharge into a Tier 3.0 stream or body of water; and
  • Does not have construction lasting longer than one (1) year.

Construction Stormwater General Permit NOI Instructions.

The NOI must be submitted at least 15 days prior to the anticipated construction start date. The developer must submit the NOI in WVDEP’s ePermitting System. If the developer is unable to use the online system, the developer may request WVDEP to allow the developer to submit the NOI as a hard copy. The NOI must include:

  • The name of the project;
  • The name of the developer, and the developer’s contact information;
  • The total acreage the project will disturb;
  • The project’s location, including latitude and longitude;
  • The nearest town to the project;
  • The official name(s) of the body or bodies of water that will be receiving discharge from the project;
  • A brief description of the project;
  • The proposed construction schedule;
  • A certification of compliance with all applicable local laws;
  • A topographic map of the proposed project site;
  • A Groundwater Protection Plan; and
  • A Stormwater Pollution Prevention Plan (“SWPPP”).

W.V.C.S.R. §47-10-4.4; Construction Stormwater General Permit NOI Instructions.

The developer must also submit a $300 Permit fee along with the NOI. W.V.C.S.R. §47-26-4.5.

6-WV-b.3 – Site Registration Application Form

The developer must submit a Construction Stormwater General Permit Site Registration Application Form to WVDEP to register for the Permit if the proposed project:

  • Disturbs three (3) or more acres of land;
  • Discharges into a Tier 3.0 stream or body of water; or
  • Has construction lasting longer than one (1) year.

Construction Stormwater General Permit NOI Instructions.

A list of West Virginia’s Tier 3.0 waters can be found on the WVDEP Interactive Maps for Tier 3 Streams. The Site Registration must be submitted at least 60 days prior to the anticipated construction start date. However, to allow time for the public notice procedure (see 6-b.7 to 6-b.8), the developer must submit the Site Registration at least 100 days prior to the anticipated construction start day if the project:

  • Will disturb three (3) or more acres of land and discharges into a Tier 3 stream or body of water;
  • Will disturb 100 or more acres of land;
  • Will have an initial grading construction phase of one year or greater; or
  • The developer’s Site Registration is part of a common plan of development with open registrations that will collectively disturb 100 or more acres in a drainage area.

Construction Stormwater General Permit Site Registration Application Form Instructions.

The developer must submit the Site Registration in WVDEP’s ePermitting System. If the developer is unable to use the online system, the developer may request WVDEP to allow the developer to submit the Site Registration as a hard copy. The Site Registration must include:

  • The name of the project;
  • The name of the developer, and the developer’s contact information;
  • The total acreage the project will disturb;
  • The project’s location, including latitude and longitude and the rainfall zone the project is located in;
  • The nearest town to the project;
  • The official name(s) of the body or bodies of water that will be receiving discharge from the project;
  • A brief description of the project;
  • The proposed construction schedule;
  • A certification of compliance with all applicable local laws;
  • A topographic map of the proposed project site;
  • Excavation, waste/borrow site and soil reports;
  • A Groundwater Protection Plan;
  • A Stormwater Pollution Prevention Plan, including:
    • Vegetative and structural control practices that will be utilized;
    • Antidegradation process for Tier 3.0 waters;
    • Demonstration of consistency with the approved Total Maximum Daily Load (TMDL) and applicable state laws;
    • Proof of compliance with the Endangered Species Act, if applicable;
    • Proof of coordination with the State Historic Preservation Officer, if applicable; and
    • A detailed plan and schedule for maintenance of all permanent and temporary sediment control structures;
  • A detailed map of the construction site including:
    • Erosion and sediment controls;
    • Permanent stormwater management facilities; and
    • Pre and post-development peak discharges and drainage maps; and
  • A description of the final post-construction Stormwater Management Plan.

W.V.C.S.R. §47-10-4.4; Construction Stormwater General Permit Site Registration Application Form Instructions.

The developer must also submit the appropriate Permit fee along with the Site Registration. W.V.C.S.R. §47-26-4. The appropriate Permit fee can be calculated in the Construction Stormwater General Permit Site Registration Application Form Instructions.

6-WV-b.4 – Post Notice Sign at Project Site

Within 24 hours after submitting an NOI or Site Registration, the developer must display a sign near the entrance of the construction project where it is accessible by the public. The developer should use the WVDEP Public Notice Sign Template when creating the sign. The sign must remain in place for the duration of the project. The sign must contain:

  • The developer’s name as well as the developer’s contact information;
  • A brief description of the project;
  • A statement indicating that the NOI or Site Registration, along with a SWPPP, has been filed with WVDEP;
  • The address and telephone number of the agency where the NOI or Site Registration and SWPPP is maintained; and
  • A statement that any person may obtain a copy of the NOI, Site Registration or SWPPP by contacting WVDEP

Construction Stormwater General Permit.

6-WV-b.5 to 6-WV-b.6 – Review Application Materials for Completeness

After receiving an NOI or Site Registration, WVDEP must review the materials for administrative and technical completeness. If the materials are complete, WVDEP notifies the developer in writing. If the materials are incomplete, WVDEP notifies the developer in writing, and lists the information necessary in order for the materials to be complete. W.V.C.S.R. §47-10-4.2.

6-WV-b.7 to 6-WV-b.8 – Publish Notice of Application (If Applicable)

If the developer’s project falls under one of the special exceptions listed in 6-b.3 that requires a public notice process, the developer must publish notice upon receiving confirmation from WVDEP that the Site Registration is complete. The developer must publish the notice of the acceptance of the Site Registration in a local newspaper. Construction Stormwater General Permit Site Registration Application Form Instructions.

After the developer publishes notice, the public has 30 days to comment on the Site Registration. Construction Stormwater General Permit Site Registration Application Form Instructions.

6-WV-b.9 to 6-WV-b.10 – Review Application for Approval

After the public comment period (if necessary) WVDEP reviews the NOI or Site Registration to ensure the project complies with all applicable requirements. WVDEP has 15 days to review a NOI, 60 days to review a Site Registration Application or 90 days to review a Site Registration Application if it goes through public comment.

6-WV-b.11 – Construction Stormwater General Permit

If the NOI or Site Registration complies with all applicable requirements, WVDEP issues a Construction Stormwater General Permit to the developer. The Permit contains several standard conditions the developer must comply with, such as:

  • Mitigating, minimizing or preventing any discharge that has a reasonable likelihood of adversely affecting human health or the environment;
  • Properly operating and maintaining all facilities and systems of treatment and control;
  • Furnishing information requested by WVDEP relating to the Permit, within a reasonable time;
  • Allowing WVDEP to enter and inspect the site and facility at reasonable times; and
  • Immediately reporting any noncompliance that may endanger human health or the environment that the developer is aware of to WVDEP.

W.V.C.S.R. §47-10-5; Construction Stormwater General Permit.

6-WV-b.12 – Notice of Termination

Once final stabilization has occurred at the project site, the developer must file an Notice of Termination (“NOT”) with WVDEP. Final stabilization occurs when disturbed areas are covered by permanent protection. Final stabilization has occurred when pavement, buildings, stable waterways, or a healthy, vigorous stand of perennial grass uniformly covers at least 70% of the disturbed ground. The developer must file the NOT in WVDEP’s ePermitting System within 30 days of final stabilization occurring. WVDEP then conducts a final inspection to determine if the final stabilization is acceptable. If it is, WVDEP releases the project from coverage under the Permit. Construction Stormwater General Permit.

6-WV-b.13 – Appeal Decision (Optional)

Any person adversely affected by an order made by WVDEP to grant or deny a Permit, or aggrieved by the terms and conditions of a Permit granted by WVDEP, may appeal the decision to the West Virginia Environmental Quality Board within 30 days of the decision. W.V. Code §22-11-21. The appeal is conducted pursuant to W.V. Code §22B-1-7.


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Contact Information









Edit West Virginia Department of Environmental Protection
Storm Water Permitting Supervisor 304-926-0499 Ext. 1059 jonabbazabbamabbazabbabosley@wvabbazabbagov Visit Website