Author: Bill Brecks

Stormwater Permit is required?
Answer the following questions:
1) Will your construction activity disturb 1 acre or more?
2) Will your Construction activity PLUS Support activity disturb 1 acre or more?
3) Will your Construction activity disturb less than 1 acre, but is part of a larger Common Plan of Development or Sale, which will ultimately disturb 1 acre or more? (including all support activity)
4) Does your site drain to waters of the state? (In almost every case, the answer to this question is yes. However, if the topography of your site is such that there is no possibility that rainfall or snow melt could leave the site or enter a waterway under any condition, permit coverage would not be needed.)
If you answered Yes to any of the questions 1, 2, 3 or 4 your construction activity requires a Construction Stormwater Permit from the Nebraska Department of Environmental Quality.

-I need permit coverage.
Where do I start?
1. Read NDEQ’s Nebraska Construction Storm Water General Permit, NPDES Permit Number NER110000 You can download a copy of NDEQ’s permit at www.deq.state.ne.us. Read NDEQ’s permit carefully, and remember that operators are legally responsible for complying with all its provisions.
2. Develop a Stormwater Pollution Prevention Plan (SWPPP) The SWPPP is a plan showing how stormwater runoff will be controlled from your construction site. SWPPP.
Basic SWPPP Principles
Divert stormwater away from disturbed or exposed areas of the construction site.
Install BMPs to control erosion and sediment and manage stormwater.
Inspect the site regularly and properly maintain BMPs, especially after rainstorms.
Revise the SWPPP as site conditions change during construction and improve the SWPPP if BMPs are not effectively controlling erosion and sediment.
Minimize exposure of bare soils to precipitation to the extent practicable.
Keep the construction site clean by putting trash in trash cans, keeping storage bins covered, and sweeping up excess sediment on roads and other impervious surfaces.

3. File a Notice of Intent (NOI) The Notice of Intent (NOI) form lets the NDEQ know that you are filing for permit coverage and is your certification that you have read, understood, and implemented the requirements of NDEQ’s permit. NDEQ’s permit requires an NOI to be filed 7-days prior to the commencement of construction activity. Your completed NOI should be included in your SWPPP.
Who submits an NOI?
The “operator” submits a Notice of Intent (NOI) form. The operator is the entity (generally company, corporation, etc.) that has operational control over the construction plans or day-to-day activities that are necessary to implement the Stormwater Pollution Prevention Plan (SWPPP) (see below). On some sites, several entities may meet the definition of operator and all must file NOIs. Operators may include owners, general contractors, and subcontractors.
It is the responsibility of the operator(s) to develop and implement a SWPPP and maintain all best management practices (BMPs) during each stage of the project. Best management practices are the techniques (buffers, silt fences, detention ponds, swales, etc.), schedules of activities, prohibitions of practices, and maintenance procedures to prevent or reduce the discharge of pollutants.

4. Implement all BMPs outlined in your SWPPP Follow your SWPPP! All BMPs must be implemented, inspected and maintained regularly. Inspections are required at least once every 14 days and within 24 hours of the end of a rain event of 1/2-inch or more (significant event). The plan must also be updated as site conditions and BMPs change. Remember to keep records of your maintenance activities and any SWPPP modifications for review during inspection.
5. File a Notice of Termination You should terminate permit coverage when your project is completed (70% of the native background vegetation is reestablished on unpaved areas).