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Low Potential for Erosion for Small Construction Activities

Conditions under which the low erosivity conditions signify automatic authorization of a small construction activity.

If your small construction activity occurs during periods of low potential for erosion then this activity may be automatically authorized under this general permit if you follow these steps:

  1. Review your facility's compliance history ranking (HTML).

    • If your facility is new or has a compliance ranking of "high" or "satisfactory," continue to Step 2.

    • If it is "unsatisfactory," then your facility is not eligible for coverage under a general permit but may be eligible for an individual permit (HTML)

  2. Read construction general permit TXR150000 to make sure that your project is considered a small construction activity as defined in this general permit. If not, then you are not eligible for this automatic authorization. If so, continue to Step 3.

  3. Verify that the construction activity occurs in a county listed in Appendix A of the general permit.

  4. Verify that the construction activity will be initiated and completed within the time frame identified in Appendix A for the county in which the activity will take place, including either final or temporary stabilization of all disturbed areas.

  5. Post a completed construction site notice at the construction site in a location where it is readily available for viewing by the general public, and local, state, and federal authorities prior to commencing construction activities, and maintain it in that location until completion of the construction activity. Site notice templates are available on the Small Business and Local Government Assistance webpage.

  6. At least 2 days before beginning construction, provide a copy of the site notice to the operator of any Municipal Separate Storm Sewer System (MS4) into which stormwater will be discharged.

    MS4s include streets, channels, gutters, ditches or anything else that is publicly owned, designed or used to collect or transport stormwater. For more information, see What Is a "Municipal Separate Storm Sewer System" (MS4)? (HTML)
  7. Adequately maintain all temporary stabilization to effectively reduce or prohibit erosion and complete final stabilization no later than 30 days following the end date of the time frame identified in Appendix A for the location of the construction site.

  8. Obtain separate authorization for discharges of stormwater runoff or other non-stormwater discharges for any supporting concrete batch plant or asphalt batch plant under an individual TPDES permit, another TPDES general permit or under an individual TCEQ permit where stormwater and non-stormwater is disposed of by evaporation or irrigation (discharges are adjacent to water in the state).

If you complete the following steps appropriately, you are automatically authorized under this general permit.

With this automatic authorization in effect...

  • You must adhere to the applicable requirements of General Permit.

  • You are not required to develop and implement a stormwater pollution prevention plan.

  • You do not need to submit a Notice of Intent (NOI) form.

  • If the operator changes, the new operator must seek coverage under this general permit at least 10 days before the change.

  • If construction will extend beyond the period specified in Appendix A, you must determine if you need to seek coverage under other provisions of this general permit.

This particular general permit will expire at midnight on March 5, 2023. You can view some of the relevant Rules for Stormwater Discharges from Construction Activities (HTML).

Contact us if you have questions.