A federal regulation that works in conjunction with the state E&S program is the National Pollution Discharge Elimination System (NPDES) Program.  While these regulations require discharges from many types of facilities, we will discuss only the discharges from construction activities here.  These regulations, the implementation of which has been delegated to DEP, require a permit be obtained for any earthmoving activities disturbing more than 1 acre with a concentrated discharge to a water course or any site disturbing greater than 5 acres regardless of the type of discharge.

It is recommended that anyone disturbing between one and five acres of land during the life of an earthmoving project contact the Conservation District to determine if an NPDES permit will be required.  Disturbance over the life of the project is defined as any earth disturbance that will occur to fully complete the planned land use.  For example, a housing development would include the disturbance associated with the road construction, installation of utilities, and construction of individual houses and accessory structures on the lots although the original applicant may only be building the roads.

The Conservation District has agreed to be the local contact for this permit.  We are available to answer questions concerning permit requirements and regulations and are the designated agency to accept applications for the permit in JeffersonCounty.

Under the requirements of the NPDES program, these activities must have an approved erosion control plan.  Jefferson County Conservation District conducts the reviews of these plans for DEP to assure compliance with Chapter 102 and the Clean Streams Law.  The NPDES permit program also requires a Post Construction Stormwater Management (PCSM) Plan to address concerns about ground water recharge, long term stream base flows, and water quality issues.

During construction of the site, the Conservation District conducts periodic inspections of the site to assure that the plan is being followed.