A contractor discovers they need to disturb an additional 0.8 acres during construction, bringing total disturbance to 1.3 acres. The original project was 0.5 acres. What NPDES requirement applies?
Correct Answer
D) Must file new Notice of Intent (NOI)
Since the total disturbance now exceeds 1 acre (1.3 acres), NPDES stormwater permit requirements are triggered and a Notice of Intent (NOI) must be filed. The contractor must comply with federal stormwater regulations for projects disturbing one acre or more.
Why This Is the Correct Answer
Option B is correct because NPDES (National Pollutant Discharge Elimination System) stormwater permit requirements are triggered when construction activities disturb one acre or more of land. Since the project now totals 1.3 acres of disturbance, it crosses the federal threshold requiring a Notice of Intent (NOI) to be filed with the EPA. The original 0.5-acre project was below the threshold, but the additional 0.8 acres brings the total above the 1-acre trigger point, mandating compliance with federal stormwater regulations.
Why the Other Options Are Wrong
Option A: No change in permit requirements
Option C is incorrect because while the contractor must file an NOI, they don't necessarily have to stop work immediately. The contractor needs to comply with NPDES requirements and implement appropriate stormwater controls, but work can continue with proper permits and controls in place.
Option B: Local permit modification only
Option D is incorrect because this is a federal requirement, not just a local permit issue. When disturbance exceeds 1 acre, federal NPDES stormwater regulations apply, which require more than just local permit modifications - they require federal NOI filing and compliance with EPA stormwater management requirements.
Option C: Must stop work immediately
Option A is incorrect because there is definitely a change in permit requirements once the project exceeds 1 acre of disturbance. The contractor cannot continue operating under the previous permit status when federal NPDES requirements are now triggered.
Memory Technique
Remember 'ONE and DONE' - once you hit ONE acre of disturbance, you're DONE with simple permitting and must file NOI for NPDES compliance.
Reference Hint
Look up Environmental Regulations chapter, specifically the section on NPDES stormwater permits and the 1-acre threshold for construction activities.
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