Drainage Ditch Projects Guidance Regarding NPDES/SDS Construction Stormwater Permit Requirements

wq-strm2-17 • February 2009

Use this guidance to determine whether a What types of drainage ditch projects NPDES/SDS construction stormwater do not require a permit? permit is needed for your drainage ditch project. To protect water quality, this A public or private ditch clean out project permit requires best management practices can qualify as routine maintenance and not (BMPs) for erosion prevention and require NPDES/SDS construction sediment control. Using these types of stormwater permit coverage if you BMPs will prevent sediment from entering determine that all of the following apply to surface waters during drainage ditch your project: projects. • The project will disturb less than five acres of land as part of the routine Background maintenance activity; and Construction activities including clearing, • Clean out of a ditch will return the grading, and excavating that will disturb affected reach to the original line and one or more acres of land, or that are part grade, hydraulic capacity, and original of a common plan of development or sale purpose of the ditch; and that will disturb one or more acres of land, • Maintenance of the ditch is in requires coverage under a NPDES/SDS compliance with state and federal construction stormwater permit. wetland regulations, including the MN However, construction activity does not Wetland Conservation Act, and Section include land disturbance of less than five 404 of the Clean Water Act, as acres for the purpose of “routine applicable; and maintenance” that is performed to maintain • Appropriate BMPs are used for erosion the original line and grade, hydraulic prevention and sediment control to avoid capacity, and original purpose of the transport of sediment and associated facility. contaminants that would violate water quality standards downstream from the What is routine maintenance? project area during maintenance and re- Examples of routine maintenance practices stabilization of the drainage ditch. to maintain the original line and grade, Because vegetation is key to erosion hydraulic capacity, and original purpose of control in drainage ditches, routine a drainage ditch may include: maintenance should minimize the removal of desirable vegetation to the extent • Routine removal of sediment practical and should include prompt • Removal of isolated obstructions, such as reestablishment of temporary and beaver dams, trees or accumulated debris • Routine repair of isolated erosion problems along ditch banks

Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats permanent cover on all soils exposed by maintenance More information operation (For example, daily seeding of appropriate temporary vegetation where grading is complete and General information: establishment of permanent vegetation as soon as Please call the Stormwater Hotline at 651-757-2119 or practical). toll-free at 800-657-3804. Projects located near outstanding resource value waters or impaired waters may require additional protections. Technical information: For more information, contact the MPCA office located Your county Soil and Water Conservation District office near you. can answer many questions about construction site erosion and sediment control practices. For further What types of drainage ditch projects are not information, consult: routine maintenance and require a permit? Drainage ditch repair or maintenance projects that will • Stormwater Compliance Assistance Tool Kit for Small disturb equal to or greater than five acres of land are not Construction Operators, MPCA, considered routine maintenance and require www.pca.state.mn.us/publications/wq-strm2-09.pdf NPDES/SDS construction stormwater permit coverage. • Protecting Water Quality in Urban Areas Manual, MPCA, www.pca.state.mn.us/water/pubs/sw- A permit is also required for a public or private ditch bmpmanual.html project if: • Stormwater Management for Construction Activities, • The project is to establish a new drainage ditch and U.S. EPA, will disturb one or more acres of land; or http://cfpub1.epa.gov/npdes/stormwater/const.cfm (Go • The project involves improvement of an existing to Publications, then to Policy and Guidance drainage ditch and will disturb one or more acres of Documents) land; or • Summary Guidance, U.S. EPA, • The project involves repair by re-sloping of an existing www.epa.gov/npdes/pubs/owm0307.pdf drainage ditch and will disturb one or more acres of land.

Application materials To get an application form and find more information about applying for permit coverage, visit the MPCA construction stormwater Web site at: www.pca.state.mn.us/water/stormwater/stormwater- c.html

Drainage Ditch Projects • wq-strm2-17 • February 2009 page 2