Plan before Notice of Intent
SWPPP must be completed prior to the start of construction (or applicable construction phase)
The SWPPP must be completed prior to the start of construction (or the applicable construction phase).
North Dakota
SWPPP requirements in North Dakota
North Dakota issues its own construction general permit. We have read General Permit for Stormwater Discharges from Construction Activities (NDR11-0000) and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.
Who may prepare the plan
No preparer credential foundNo preparer credential was found for North Dakota. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
Credential: the permit contains no preparer credential requirement. It imposes an annual training obligation on personnel implementing the plan.
No permit section cited. Confirm this with your permitting authority.
Coverage trigger
Worked through at 3 acres
The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.
The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.
Read these before you act on the answer
- Requirements below are what we have read and cited directly from General Permit for Stormwater Discharges from Construction Activities (NDR11-0000), not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
- ND CGP (NDR11-0000) has no arid/semi-arid/drought-specific reduced inspection provision; instead it has a frozen-ground/winter earthwork-suspension provision and a reduced once-per-month inspection allowance for stabilized-but-not-fully-vegetated areas. ND structures stabilization completion deadlines by slope grade (3:1+ vs. other), not by 5-acre disturbed-area threshold, so state.nd.* ids are used. No explicit deadline was found for how quickly an inspection report must be written after the inspection. The permit contains no numeric turbidity/pH/TSS discharge limits; only BMP design/performance numeric criteria exist (sediment basin storage volume, 2-year/24-hour storm design standard, 0.25-inch rainfall inspection trigger), clearly labeled as design criteria, not discharge limits.
- No preparer credential was found for North Dakota. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
- Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.
What the permit requires of a North Dakota site
Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.
Filing
Notice of Intent deadline
Submit before commencing construction activities; the exact lead time is not recorded for this id.
Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.
Permit coverage will become effective seven (7) days after you submit a complete NOI unless otherwise notified by the department (based on the department receipt date).
Notice of Termination deadline
Submit the Notice of Termination once a termination condition is met; the exact deadline is not recorded for this id.
Permittees should submit a NOT within 30 days after final stabilization has been achieved, or another owner/operator (permittee) has assumed control according to Part I(F) for all areas of the site that have not undergone final stabilization.
Inspections
Inspection frequency, option 2
14Once every 14 calendar days.
Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.
Inspections shall be performed by or under the direction of the permittee. Inspections shall be performed at least once every 14 calendar days and within 24 hours after any storm event of greater than 0.25 inches of rain per 24-hour period.
Who may inspect
person knowledgeable and experienced in the application of erosion and sediment control BMPs
Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.
The SWPPP must identify a person knowledgeable and experienced in the application of erosion and sediment control BMPs who will oversee the implementation of the SWPPP, and the installation, inspection, and maintenance of the erosion and sediment control BMPs before and during construction until a NOT is filed.
Stabilisation
Initiate stabilisation
immediately (no later than end of next work day) if idle 14+ calendar days
Why this applies here: This applies at both land disturbance amounts.
Stabilization must be initiated immediately where activities have been permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding fourteen (14) calendar days.
Corrective action
Corrective action, minor fix
Confirm the exact minor-fix deadline against the cited permit section.
Corrective actions must be made prior to the next anticipated rainfall event or within 24 hours of discovery (whichever comes first), or as soon as field conditions allow access.
Corrective action, major fix
Confirm the exact major-fix deadline against the cited permit section.
Sedimentation basins must be drained and the sediment removed when the depth of sediment collected in the basin reaches 1/2 the storage volume. Drainage and removal must be completed within 72 hours of discovery, or as soon as field conditions allow access.
Buffers
Natural buffer
Provide and maintain a natural buffer or equivalent erosion and sediment controls near surface waters; the exact distance is not recorded for this id.
A 50-foot natural buffer or equivalent erosion and sediment controls must be provided when a project is within 50 feet of a surface water and stormwater flows to the surface water. ... If working within 100 feet of a surface water listed as impaired for sediment, suspended solids or turbidity, a 100-foot natural buffer or equivalent sediment and erosion controls must be provided.
Records you must keep
Corrective action log entries
Document the condition and its completion; the exact documentation deadline is not recorded for this id.
Findings of inspections, including recordings or imagery if utilized, and recommendations and time frame for corrective actions;
Record retention
Retain inspection reports and the corrective action log; the exact retention period is not recorded for this id.
Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.
All records and documentation required by this permit shall be kept by the permittee for at least three years from the date that permit coverage expires or is terminated or longer if requested by the department or EPA.
Screen a North Dakota site now
Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.
What a plan has to cover, under the federal permit
This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in North Dakota, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.
General SWPPP requirementPart 7.1Verified
- All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
- Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
- Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
- A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
- The size of the property (in acres, or length in miles if a linear construction site)
- The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
- A description of any on-site and off-site construction support activity areas covered by this permit
- The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
- A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
- A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
- Business days and hours for the project
- If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
- Boundaries of the property
- Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
- Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
- Any areas of Federally listed critical habitat within the action area of the site
- Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
- Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
- Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
- Locations of all potential pollutant-generating activities identified in Part 7.2.3g
- Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
- Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
- Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
- Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
- The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
- If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
- If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
- If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
- Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
- If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
- Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
- Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
- Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
- Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
- A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
- A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
- A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)
Read the permit itself at the source document.
What people ask about SWPPP requirements in North Dakota
What are the SWPPP requirements in North Dakota?
North Dakota issues its own construction general permit, and we have read General Permit for Stormwater Discharges from Construction Activities (NDR11-0000). The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with North Dakota Department of Environmental Quality (ND DEQ).
Who may prepare a SWPPP in North Dakota?
No preparer credential was found for North Dakota. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
How often must a North Dakota site be inspected?
The inspection frequency is set by the North Dakota construction general permit, which we have not read. Confirm it with North Dakota Department of Environmental Quality (ND DEQ).
The permit makes you keep the record, not just know the answer
Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.