Development Community Information

Phase II Construction Requirements

Phase II of the storm water program applies to all construction activities disturbing one or more acres of land, or if the site is less than one acre but part of a larger common plan of development (such as a large subdivision). These sites must obtain an NPDES permit before any earthmoving activities begin.

The Nebraska Department of Environment and Energy (NDEE) may require construction sites disturbing less than one acre of land to obtain a storm water discharge permit if such activities would adversely affect water quality.

In order to comply with Phase II of the storm water program, review all requirements contained in the NDEE construction permit. The steps below are a brief outline of permitting process requirements. These steps are not inclusive and the NDEE construction permit must be referenced and followed for full compliance:

  1. Identify the "operators" responsible for complying with the Phase II requirements.
  2. Complete and submit a Notice of Intent (NOI) with all required forms to NDEE before construction activities that will cause land disturbance begin. Provide the City of Hastings Permits Technician with a completed NOI, which lists the NER # and a copy of the Erosion and Sediment Control Plan to obtain a building permit.
  3. Develop a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the submitted NOI.
  4. The Storm Water Pollution Prevention Plan (SWPPP) does not need to be submitted to NDEE, but must be kept on the construction site and accessible to everyone during construction activities.
  5. Implement the SWPPP, including completion of inspection reports that are required to be kept on site.
  6. Complete final stabilization of the site during construction.
  7. Complete and submit a Notice of Termination (NOT) to the NDEE.
The SWPPP must include the following:
  • Site description identifying potential sources of pollution that may affect the quality of storm water discharges.
  • Appropriate best management practices (BMPs), including erosion, sediment, and storm water management controls to minimize the discharge of pollutants from the site to the maximum extent practicable.
  • Description of steps taken to prevent and control pollutants in storm water discharge from the site, including inspection of all disturbed areas and maintenance of all controls to ensure their effective operation.
  • The individual responsible for the SWPPP implementation.

A detailed SWPPP development guide is located on the EPA website. After land disturbing activities are complete and the site has achieved final stabilization, the operator should terminate their coverage under the permit by completing a Notice of Termination (NOT) form and submitting it to NDEE.

For more information on how to comply with the storm water program regulations, see the NDEE website or the EPA's fact sheet "Storm Water Management for Construction Activities". More information about NPDES storm water permits and assistance on filling out required paperwork can be obtained by contacting NDEE.