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My site’s disturbances will occur in an area covered by EPA’s CGP and in an area covered under a state-issued construction stormwater permit. Do I need coverage under both the EPA-issued CGP and the state-issued permit?

Operators of sites disturbing one or more acres of land where only a portion of the project occurs in an area where EPA is the NPDES permitting authority (and there will be a discharge of pollutants through stormwater to waters of the U.S. within the area where EPA is the permitting authority) need coverage under an EPA-issued construction stormwater permit (e.g., the CGP), and likely would need coverage from the NPDES permitting authority(ies) that have jurisdiction over the other portions of the project (i.e., from a state or tribal permitting authority) if there will be a discharge of pollutants through stormwater to waters of the U.S. in the other area. For example, if a project has contiguous disturbances or disturbances that are part of a common plan of development or sale that occur both in the State of New Mexico and the State of Arizona, and the disturbances will total an acre or more of land and will result in the discharge of pollutants through stormwater in both states, the operator of the project will need coverage under an EPA-issued stormwater permit (e.g., the CGP) for the disturbances in New Mexico and, if required by the State of Arizona, an Arizona-issued stormwater permit (even if the portion of the project in EPA’s jurisdiction is less than an acre).

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