What if earth disturbance is a normal part of the post-construction use of the site?
To trigger the need for a stormwater discharge permit, the earth disturbing activity has to be part of a project to build a structure (e.g., building, road, pad, pipeline, transmission line, etc.) or an existing structure must be demolished for the purpose of building a new one. Earth disturbance that is a normal part of the long-term use or maintenance of the property is not covered by the CGP. For example, re-grading a dirt road or cleaning out a roadside drainage ditch to maintain its “as built” state is road maintenance and not construction. Restoring the original well pad to work over an existing oil or gas well is operational and not construction. Re-grading and re-graveling a gravel parking lot or equipment pad is site maintenance and not construction. Reworking planters that are part of the landscaping at a building is landscape maintenance and not construction. Applying daily cover at a landfill is simply part of operating a landfill and not construction.
