Notice of Intent (NOI)

Construction activities that require NPDES Permits

Stand Alone Construction Permits 

Required for stand-alone construction projects that will result in land disturbance equal to or greater than one (1) acre 

Infrastructure Construction Permits

Required for all discharges of Storm water associated with infrastructure construction projects that will result in contiguous land disturbances equal to or greater than one (1) acre

Common Development Construction Permits

"Primary Permittee"

Required for all discharges of Storm water associated with common plans of development, or other construction activity where the primary permittee chooses to use secondary permittees that will result in land disturbance equal to or greater than one (1) acre

“Secondary Permittee” 

Means an owner, individual builder, utility company, or utility contractor that conducts a construction activity within a common development with an existing primary permittee.

“Tertiary Permittee” 

Means either the Owner or Operator of a remaining lot(s) within a common development (as defined in this permit) conducting a construction activity where the primary permittee and all secondary permittees have submitted a Notice of Termination in accordance with Part VI.A.2. of this permit (excluding utility companies and/or utility contractors working under a Blanket NOI) or where a primary permittee does not exist.    

Tertiary permittee’s are eligible to apply for coverage 90 days after primary permittee has submitted and been approved for termination of coverage. 

The Erosion and Sedimentation Act of 1975

  • Requires Land Disturbing Activity Permits 
  • Requires Erosion and Sedimentation Plan Approval by the Local Soil and Water Conservation District 
  • Requires Fee Payments for Land Disturbance
  • Requires Certification
  • Provides Specific Exemptions

Land Disturbing Activity Permit

A Land Disturbance Activity Permit from the Local Issuing Authority is required for: 

  • Any project, regardless of the size of the disturbed area, involving land disturbance.

Buffer Information for Stream Crossings 

Buffers on state waters are valuable in protecting and conserving land and water resources; therefore, buffers should be protected. The buffer variance process will apply to all projects legally eligible for variances and to all state waters having vegetation wrested from the channel by normal stream flow, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. Rule 391-3-7-.05 does not apply to coastal marshlands. The following activities do not require application to or approval from the Division:

  • stream crossings for water lines or stream crossing for sewer lines that occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream and cause a width of disturbance of not more than 50 feet within the buffer; or
  • where roadway drainage structures (residential driveway pipes) must be constructed within the twenty-five (25) foot buffer area of any state waters or the fifty (50) foot buffer of any trout stream; or
  • construction of bulkheads or sea walls on Lake Oconee and Lake Sinclair where required to prevent erosion at the shoreline; or
  • construction of public water system reservoirs.

This ordinance shall apply to any land-disturbing activity undertaken by any person on any land except for the following

  • The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre
  • Any project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development
  • Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project (EPD) 
  • Agricultural operations as defined in  O.C.G.A. 1-3-3, "definitions (EPD)
  • Agricultural buildings; Ex. Poultry Houses 
  • Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture
  • Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion
  • Forestry land management practices (Georgia Forestry Commission) 
  • Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission (EPD)
  • Any public water system reservoir (EPD)
  • Surface mining, as the same is defined in O.C.G.A. 12-4-72, (EPD)
  • Granite quarrying and land clearing for such quarrying (EPD)