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 one 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.
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.
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.
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:
This section was updated December 16, 2020
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.
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.
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)
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.
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).