Construction General Permits

This resource contain documents related to Large Construction General Permitting.  Please note that documents relevant to the construction general permits (NOIs, templates, guidance, etc.)  are in a separate list at the bottom of this webpage.  

There are two Construction General Permits (CGPs). 

The Large Construction General Permit (LCGP) covers storm water discharges from construction activities that disturb 5 or more acres.  Large construction activities also include disturbances of less than 5 acres when that disturbance is part of a larger Common Plan of Development or Sale that will ultimately disturb five or more acres (See the LCGP Part 2.9 for additional information).  To apply for coverage under the LCGP you will need to provide a complete Notice of Intent (NOI), a complete Storm Water Pollution Prevention Plan (SWPPP), the appropriate permit fee, and a map showing access to the facility from a public road.  See the NOI for more detailed information regarding securing and documenting facility access.  Visit the Fee Calculator webpage to calculate your fee.

The Small Construction General Permit (SCGP) covers storm water discharges from construction activities that disturb at least on acre, but less than five acres.  Small construction activities also include disturbances of less than 1 acre when that disturbance is part of a larger Common Plan of Development or Sale that will ultimately disturb between one and five acres (See the SCGP Part 2.12 for additional information).  Please note that this permit has been administratively continued until a new permit is issued to replace it.

****  Important note about the SCGP:  Unlike obtaining coverage under the LCGP, the SCGP is a “no-application” permit.  Obtaining coverage is similar to a permit-by-rule in that by following all provisions of the permit your project will be covered by the permit.

  • Beginning July 1, 2013 payment of permit fees for individual permits and general permit authorizations are required to be submitted with the permit application or NOI form.  All storm water authorizations have variable fees that must be calculated depending upon the NOI date.  The "Fee Calculator" should be used to determine the proper amount to be submitted with each NOI.  Checks should be made out to the "Dept. of Environmental Quality, Water Quality Division.
  • Storm Water Consultants List.  The linked list represents consultants who have indicated that they are are available for hire by the public to provide services relating to compliance with the Wyoming Large and Small Construction General Permits and who have requested to be on this list.  The Wyoming Department of Environmental Quality does not certify or recommend any consultants.  (List updated to November 2, 2017)
 

Wyoming Sage-Grouse Management:  Pursuant to the requirements of the Governor's Executive Order 2015-4, Greater Sage-Grouse Core Area Protection, the Wyoming Department of Environmental Quality (WDEQ) is working with the Wyoming Game and Fish Department (WGFD) to minimize the impact of development on the Greater Sage-Grouse population in Wyoming. To that end, operators of large construction projects must determine if any part of the project falls within a Greater Sage-Grouse Core Area (SGCA) before applying for coverage under the Large Construction General Permit (LCGP).  If any part of your project falls within a SGCA, the first point of contact for addressing sage-grouse issues is the WGFD.  Coordinate with the WGFD and obtain a letter confirming consistency with the Executive Order prior to applying for coverage under the LCGP. (8/11)

Map of Greater Sage-Grouse Core Areas (SGCAs).  This is the same map that is found on the Wyoming Game and Fish Department's Sagebrush/Sage Grouse Management webpage.  The map has a "zoom" tool that you can use to zoom to the township and range or to the relevant USGS quadrangle map where your project is located. (5/12)

Additional information can be found on the Wyoming Game and Fish Department's Sage-Grouse Management webpage.

 

This is only a list of more common non-storm water permits that may be needed on construction projects from the Water Quality Division.  Contact the Water Quality Division if you're not sure what permits might apply to your project.

Other local, state or federal permits may also be required.  Be sure to check with other jurisdictions before starting your project.

Construction Site Dewatering

Please note that both the WYPDES large and small construction storm water permits now cover discharges from construction dewatering if those discharges are accumulated storm water with only minor amounts of groundwater (see Part 7.14 of the large construction permit and 7.13 of the small construction permit for more details).  Discharges that have a significant groundwater component and that are pumped or siphoned to a storm drain or may reach a surface water of the state, directly or by overland flow, are considered a process wastewater and must be covered under a separate WYPDES permit for wastewater discharges.

  1. Most short-term construction dewatering discharges to storm drains or surface waters may be covered under a general permit specifically written for short-term, temporary discharges.  Contact Roland Peterson, 307-777-7090, for more information on permitting temporary discharges.

  2. If you will be "land applying" construction site water to the land surface so that it will not run off to surface waters, contact your local District Engineer with the Water and Wastewater group to determine if a "Land Application" permit is required.

Both a WYPDES Temporary Discharge permit and a Land Application permit will take some time to obtain.  If you think you may need to dewater your site consider getting one of these permits early to avoid delays in your project. (8/05) (revised 12/06)

 

Temporary Turbidity Waivers
May be required for certain construction activities conducted in live waters

The Administrator of the Water Quality Division may authorize temporary increases in turbidity above the numeric criteria (described in Section 23, Chapter 1 of the Wyoming Water Quality Rules and Regulations) for certain short-term, construction-related activities.

If a project requires working in live waters and activities may cause an excursion above allowable turbidity levels, your project may qualify for a turbidity waiver.  This waiver is time-limited and project-specific.  To apply for a waiver use the application linked below.  Contact Cathy Norris, 307-777-6372, for more information.

Projects that cause excursions above the numeric criteria and that have not been authorized by a waiver are subject to a possible enforcement action.

Application for a Turbidity Waiver
Directions to Apply

 

 

How does enactment of the federal Energy Policy Act of 2005 (the “Energy Bill”) affect storm water permitting for oil and gas-related construction activities in Wyoming? 

In Wyoming, where the Department of Environmental Quality is the permitting authority, Chapter 2, Section 6 of the Wyoming Water Quality Rules and Regulations requires permit coverage for storm water discharges from all construction activities disturbing one or more acres.  The type of facility being constructed does not change the requirement to obtain permit coverage.  As such, construction of oil and gas facilities still requires storm water permit coverage in the state of Wyoming.

However, passage of the Energy Bill does affect storm water permitting for the oil and gas industry in areas of the Wind River Indian Reservation where the state does not have jurisdiction and EPA is the permitting authority.  For more information contact Greg Davis at EPA Region 8 (303-312-6314).

List of documents:  Links to documents relevant to CGPs can be found in the document list below.  In this table you will find explanations for some of the most used documents.

Doc Title

Explanation

Large Construction General Permit (LCGP)

Effective April 22, 2016 and expires February 1 2020 (includes SWPPP guidelines in Part 8)

Notice of Intent (NOI)

Use to request coverage under the LCGP.  Use only this current version of the NOI.  Please note that the NOI has been updated to include new land access requirements.  Applicants must now certify that they have (i) secured permission for DEQ personnel and invitees to access land where the facility is located, (ii) secured permission to collect resource data as defined in Wyoming statute, and (iii) secured permission to enter and cross all properties necessary to access the permitted facility.  A map of the access route(s) shall accompany the NOI.  (5/20/17)

Notice of Transfer and Acceptance (NOTA)

Use to transfer LCGP coverage to a new operator.  This is a new NOTA version.  Please use this version for all transfers where the entire coverage is transferred to a new operator.  (6/2016)

Notice of Partial Transfer (NPT)

NPT Instruction Sheet

Use to transfer a portion of LCGP permit coverage to another operator.  This form will result in the creation of new permit coverage for the new operator and is subject to relevant permit fees.  The area of coverage that is not transferred will stay with the original permittee.  See the Instruction Sheet for more information.  (12/13/16)

Notice of Termination (NOT)

Use to discontinue coverage under the LCGP.  The construction site must be “finally stabilized” as defined in Part 5 of the LCGP prior to termination.  (revised 6/2016)

Small Construction General Permit (SCGP)

Effective July 8, 2013 and expires March 15, 2016.  This is a “no application” permit.  See Part 3 of the SCGP for a more detailed description.  Other than the “no application” aspect of this permit, it is identical to the LCGP.  ****NOTE:  This permit has been administratively continued until a new permit is available to replace it.  It will remain valid until that time.****

Storm Water Pollution Prevention Plan (SWPPP) Template

Fillable PDF

Fillable Word

This template can be used with the LCGP or the SCGP.  Use of the template is optional and it is provided only for the convenience of the user.  It is an applicant’s responsibility to ensure that their SWPPP meets the requirements of their respective CGP whether or not the template is used.  Updated for the 2016 CGPs.  (9/2016)

Map of 2-year/24-hour storm events in Wyoming

Storm water BMPs are required to withstand and function in storm events up to a 2-yr/24-hr storm.  This isopluvial map of Wyoming provides storm depths in tenths of an inch.  Equivalent data from local municipalities may also be used.

Interactive map

Interactive map showing water bodies in Wyoming that are listed on the state's 303(d) list as impaired due to, or that have an approved Total Maximum Daily Load (TMDL) for, sediment, suspended solids or turbidity.  Please see Parts 3.5.11 and 8.2.2.8 in the LCGP (or Part 8.2.2.8 in the SCGP) for additional information.  Red streams have an approved TMDL and orange streams are listed as impaired and do not have an approved TMDL yet.  Green streams are main stem rivers and are present as a locational aid only.  [Note that this map does not include impairment or TMDL information for areas of the Wind River Indian Reservation where the state does not have jurisdiction and EPA is the permitting authority.]  (5/22/13)
Also shown for convenience are the state's class 1 waters (blue lines) as defined in Chapter 1 of the Wyoming Water Quality Rules and Regulations.

This map works best with a high-speed internet connection.  If you have difficulty with the map, please contact us

Erosivity Waiver Certification – Parts A and B (SCGP only)

The erosivity waiver is only available for certain construction projects that will disturb between 1 and 5 acres.(2/08)

EPA Fact Sheet 3.1 – Construction Rainfall Erosivity Waiver

Use this fact sheet if you are applying for the Erosivity Waiver using Part B of the Erosivity Waiver Certification.  NOTE:  Wyoming counties on the Isoerodent Map of the Western US (Figure 3) in fact sheet 3.1 do not show up well.  This version of the isoerodent map, from a USDA publication (RUSLE, chpt. 2), shows the counties a little better.  If you're having trouble locating your project you may want to try using this map. (1/04)

Guidance for Home Buyers of New Construction

An explanation of the erosion and sediment controls that may have been left on your property by the builder if your lot is not fully landscaped.


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