Construction Stormwater General Permits
Construction Stormwater General Permit
Stormwater runoff from construction activities can have a significant impact on water quality. As stormwater flows over a construction site, it picks up pollutants like sediment, debris and chemicals. Polluted stormwater runoff can harm or kill fish and other wildlife. Sedimentation can destroy aquatic habitat and high volumes of runoff can cause stream bank erosion.
The WV NPDES Stormwater Program requires operators of construction sites that disturb one (1) acre or greater, including smaller sites that are part of a larger common plan of development, to obtain authorization to discharge stormwater under an NPDES Construction Stormwater General Permit.
Who Needs Permit Coverage?
If you are going to disturb one acre or greater you are required to first obtain a stormwater construction permit. The application and instructions for this activity are linked below.
About the Permit
The WV DEP has developed and issued a General WV/NPDES Water Pollution Control Permit to regulate sediment laden stormwater flowing into the waters of the State from discharges associated with construction activities. The General Permit was issued on December 5, 2012, became effective on January 5, 2013. This permit will expire on January 3, 2018, at which time, the DEP will reissue the permit.
Any person proposing a construction activity, three (3) acres or greater of land disturbance in size, shall submit a Site Registration Application Form 60 days prior to commencing the operation.
For projects that will disturb one (1) acre and less than three (3) acres, the responsible party must submit a Notice of Intent (NOI) at least 15 days prior to starting earth disturbing activities.
When the construction activity is owned by one person but operated by another, it is the responsibility of the owner (developer) to obtain the permit.
When the construction activity is completed and all disturbed areas are stabilized, the responsible party must submit a Notice of Termination (NOT) in order to end coverage under the General Permit.
CLICK HERE for Application Forms and Instructions
Oil & Gas Construction Stormwater General Permit
The State of West Virginia, Department of Environmental Protection, Division of Water and Waste Management has issued a State General Water Pollution Control Permit to regulate the discharge of stormwater runoff associated with oil and gas related construction activities. The General Permit authorizes discharges composed entirely of stormwater associated with oil and gas field activities or operations associated with exploration, production, processing or treatment operations or transmission facilities, disturbing one acre or greater of land area, to the waters of the State.
for Application Forms and Instructions
Atlantic Coast Pipeline, Oil and Gas General Water Pollution Control Permit
Atlantic Coast Pipeline was issued Registration No. WVR310820, January 25, 2018, under WV General Permit No. WV0116815, Stormwater Associated with Oil and Gas Related Construction Activities. This registration covers the discharge of stormwater associated with the disturbance of approximately 2,497 acres of land for the construction of approximately 98.7 miles of natural gas pipeline along with a compressor station, meter stations, access roads, and interconnects through Harrison, Lewis, Upshur, Randolph, and Pocahontas Counties in West Virginia.
A public notice/public comment period closed on December 31, 2017.
A summary of comments received and agency response can be found at the link below:
Mountain Valley Pipeline, LLC State Oil and Gas General Water Pollution Control Permit
Mountain Valley Pipeline, LLC was issued Registration No. WVR310667, July 14, 2017, under WV General Permit No. WV0116815, Stormwater Associated with Oil and Gas Related Construction Activities. This registration covers the discharge of stormwater associated with the disturbance of approximately 4,214 acres of land for the construction of approximately 196 miles of natural gas pipeline along with compressor stations, meter stations, access roads, and interconnects through Wetzel, Harrison, Doddridge, Lewis, Braxton, Webster, Nicholas, Greenbrier, Fayette, Summers, and Monroe Counties in West Virginia.
A public notice/public comment period closed on March 19, 2017. However, since the hearings for this permit registration were combined with the hearings for the project's 401 Water Quality Certification and Natural Streams Preservation Act permit, not all stormwater related comments were addressed in the July 14, 2017 "Response to Public Comments". As a result, WVDEP issued Suspension Order No. 8763 to respond to all public comments received that were associated with WVR310667.
The new Responsive Summary can be found here as well as Administrative Order 8780 that ends the permit registration suspension:
Administrative Order 8780
A list of Tier 3 waters can be found HERE (large pdf).
For additional information regarding Antidegradation rules please see the Water Quality Standards page.
To check the status of your application/registration please use our online search
Water Resources Pending Application Search
To check the status of an issued permit use our online search
Water Resources Permit Search
Notice of Termination Status
To check the status of a Notice of Termination, contact the local office of Environmental Enforcement. You may find teh local office by clicking on the DEP Offices link below, then going to the Environmental Enforcement website.
For more information about the Construction Stormwater Program, you may contact the individuals listed below.
Jon Michael Bosley, Stormwater Permitting Supervisor
304-926-0499, ext. 1059
CSW GP Plan Reviewers
Rick Adams, Technical Analyst Associate
304-926-0499 ext. 1354
Larry Board, Environmental Resources Specialist
(WV DOH Projects)
304-926-0499, ext. 1595
Dale Biller, Environmental Resources Specialist
304-926-0499 ext. 1099
Joe Cochran, Environmental Resources Specialist
(Oil & Gas Contruction GP)
304-926-0499, ext. 1069
CSW NOI Reviewer
vacant- contact Program Manager
Sharon Mullins, Office Assistant
304-926-0499, ext. 1132