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 2.4 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 2.4 for additional information).

****  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 February 23, 2021)
 

Wyoming Sage-Grouse Management:  Pursuant to the requirements of the Governor's Executive Order 2019-3 (EO 2019-3), 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 or small construction projects must determine if any part of their project is subject to EO 2019-3 before applying for coverage under the Large Construction General Permit (LCGP) or operating under the (no application required) Small Construction General Permit (SCGP).  If any part of your project falls within a Sage-Grouse Core Area (SGCA), Connectivity Area, Winter Concentration Area, or within two miles of a Non-core Area sage-grouse lek as determined under EO 2019-3, then the project sponsor must first contact the WGFD Habitat Protection Program to determine their proposal’s consistency with the EO.

For new projects subject to EO 2019-3 that need LCGP coverage, the Storm Water Program will require a letter from the WGFD noting that the project is either consistent with the EO or that the project is considered de minimis before we can process a Notice of Intent.  For coverage under the SCGP, the project operator is responsible for completing the required consultation and obtaining a letter of consistency or de minimis.

Projects that are not consistent with EO 2019-3 are not eligible for coverage under either CGP.  See the LCGP or SCGP for further information.  Please also visit the WGFD’s Sage-grouse Management Page for more information:  https://wgfd.wyo.gov/Habitat/Sage-Grouse-Management.

Wyoming Mule Deer and Antelope Migration Corridor Protection:  Pursuant to the Governor’s Executive Order 2020-1 (EO 2020-1) the Wyoming Department of Environmental Quality is working with the Wyoming Game and Fish Department (WGFD) to minimize the impact of development in designated Migration Corridors.  EO 2020-1 requires development activities within designated migration corridors be conducted in accordance with certain practices and stipulations specified in the EO and in any additional correspondence from the Wyoming Game and Fish Department (WGFD).  Applicants for state permitted projects that are partially or wholly within a designated migration corridor are required to consult with the Wyoming Game and Fish Department to determine if their proposed project will have adverse effects on migration corridors.

For new projects subject to EO 2020-1 that need LCGP coverage, the Storm Water Program will require a letter from the WGFD noting that the project is either consistent with the EO or that the project is considered de minimis before we can process a Notice of Intent.  For coverage under the SCGP, the project operator is responsible for completing the required consultation and obtaining a letter of consistency or de minimis.

Projects that are not consistent with EO 2020-1 are not eligible for new coverage under either CGP.  See the LCGP or SCGP for further information.  Please also visit the WGFD’s Management Page for more information and a map of the currently designated Migration Corridors: 
https://sites.google.com/view/wywildlifemigrationadvisorygrp/home?fbclid=IwAR3y_HEQxOo4HckAVKzRzT5kdLaOsyiV0vt9NJOtzNu45b_WK0vESwTWVzY#h.bc90kvcpohnu

This section was updated December 16, 2020

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 7.11 of the large construction permit or 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 Kathy Shreve, 307-777-7093, 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 Eric Hargett, 307-777-6701, 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 and directions for a Turbidity Waiver

 

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 Amy Clark at EPA Region 8 (303-312-7014).

 

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 September 11, 2020 and expires August 1, 2025 (includes SWPPP guidelines in Part 9).  For those with coverage under the pervious permit, the renewal process for this permit will begin late September.  Renewal notices with renewal forms will go out by email. (9/18/2020)

Notice of Intent (NOI)

Use to request coverage under the LCGP.  Use only this current version of the NOI.   Please note that there is now an online option to submit your application package and permit fees.  Find more information in the NOI and on this webpage:  http://deq.wyoming.gov/wqd/

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 September 11, 2020 and expires August 1, 2025.  This is a “no application” permit.  Because there is no application, there is no permit fee.  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.  (9/18/2020)

Storm Water Pollution Prevention Plan (SWPPP) Template

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 2020 CGPs.  (11/2/2020)

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 or that have an approved Total Maximum Daily Load (TMDL) for any pollutant of concern.  Please see Parts 3.7.14 and 9.2.2.8 in the LCGP (or Part 9.2.2.8 in the SCGP) for additional information.  Click on a streams or lakes to identify waters with approved TMDLs or that are impaired and find the pollutants of concern.  [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.]  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.  Please contact us if you have difficulty with the map.   (rev. 4/15/2021)

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.

LCGP 2020 Fact Sheet

A fact sheet is developed for every new or reissued permit.  The fact sheet provides background information on the permit and highlights changes from the previous permit version.  (9/22/20)


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