You are managing a construction project that will disturb 2.5 acres of land. Your project is located near a waterway. What permit requirement applies under the Clean Water Act?
Correct Answer
B) NPDES Construction General Permit required
Under the Clean Water Act, construction activities that disturb one acre or more of land require coverage under the NPDES Construction General Permit for stormwater discharges.
Why This Is the Correct Answer
The Clean Water Act requires an NPDES (National Pollutant Discharge Elimination System) Construction General Permit for any construction activity that disturbs one acre or more of land. Since this project disturbs 2.5 acres, it exceeds the one-acre threshold and therefore requires NPDES permit coverage. This permit specifically addresses stormwater discharges from construction sites to prevent pollution of waterways, which is especially critical since this project is located near a waterway.
Why the Other Options Are Wrong
Option A: No permit required since it's under 5 acres
This is incorrect because the threshold for NPDES permit requirements is one acre, not five acres. Any construction activity disturbing one acre or more requires the permit, so a 2.5-acre project definitely needs coverage.
Option D: Federal wetlands permit only
While local stormwater permits may also be required, they do not satisfy the federal Clean Water Act requirements. The NPDES Construction General Permit is specifically mandated by federal law for projects disturbing one acre or more, regardless of local permit requirements.
Memory Technique
Remember 'ONE and DONE' - ONE acre triggers the requirement, and you're DONE guessing because NPDES is always required at that threshold.
Reference Hint
Look up Clean Water Act requirements and NPDES permitting in the environmental regulations chapter or stormwater management section of your reference materials.
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