Land disturbance ...Developers must obtain DNR stormwater permits

You finally have your financing in place. Your plans are approved. The building permit is in hand. Now you are ready to begin grading your five acres, right?

Wrong! You are required to get a NPDES Stormwater Permit for Land Disturbance because your site is five acres or more and will now be classified as a point source for stormwater runoff.

Although you may not think of your development as a point source, it is unless water flows from it in a continuous sheet. If water will flow into a ditch or other drainage structure, it will become a point source of stormwater runoff.

The EPA passed regulations in 1990 requiring this permit. The Missouri Department of Natural Resources added its own regulations in 1992.

The Missouri DNR defined land disturbance as any grubbing, grading or excavating that disturbs the root zone.

Developers have been watching with concern for a second phase of these regulations to be enacted. Phase II proposed to lower the requirement for a permit even further, from five acres to one acre. These new regulations were scheduled to take effect in March 1999, but members of the regulated community obtained a court order postponing implementation until late October.

At that time, the regulations could be dismissed, put into place or extended again. Informed observers predict the deadline will be extended until 2002.

If you are doing linear or strip construction, such as roads or utilities, a permit is not required under current rules. Nor do you need one for agricultural operations unless you are building a Class I Concentrated Animal Feeding Operation. All other construction projects five acres or larger must apply for a permit.

To apply for this permit, request Form G from the DNR. Information required on the application includes:

?Location of site.

?Size of site.

?Has a Stormwater Pollution Prevention Plan been developed?

?How will discharges of pollutants be controlled?

?What measures will remain in place after construction is complete?

?What fill will be used?

?What will the runoff coefficient be before and after construction?

?Is a habitat for endangered species, a drinking water supply lake or outstanding stream within 1,000 feet?

?Is the area a wetland?

?Does discharge flow into a sinkhole?

A completed Stormwater Pollution Prevention Plan must be in place before the application is accepted. The plan must include information about:

?Site activity.

?Soil types.

?Description of erosion controls, such as silt fences, seeding, sediment ponds or dissipation structures.

?Other controls, such as waste disposal practices, control of off-site tracking by vehicles, maintenance procedures and pollution prevention measures.

The plan must include maps and charts showing location, slopes, soil types and receiving waters. Both contractor and owner must sign the plan.

The permit costs $150 and is good until Jan. 2, 2002. The penalty for noncompliance is a fine of no more than $10,000 or six months' imprisonment or both.

(Neal Calton, PE, DEE is an engineering consultant with Sunbelt Environmental Services.)[[In-content Ad]]