General Information about Submitting Comments

About the Permit

A 1200-C permit must be obtained if:

(1) The construction project disturbs one or more acres of land through clearing, grading, excavating, or stockpiling of fill material. (The total acreage of the entire project must be accounted for, whether in a single or in a multiphase project.); AND

(2) There is any possibility that storm water could run off the site during construction and into surface waters or conveyance systems leading to surface waters of the state. (The only exception under this requirement is if the topography and location of the site is such that there is no possibility that rainfall or snowmelt could leave the site or enter a waterway.)

The “operator” (the person or entity that has operational control over the construction plans) of a proposed construction site is required to submit:

A 1200-C NPDES Permit Application

An Erosion and Sediment Control Plan (ESCP). It is the operator’s responsibility to develop and implement an adequate ESCP, using guidance provided by the DEQ.

Notification Process

Once an applicant has submitted the 1200-C permit application and supporting documents, the Department of Environmental Quality (DEQ) will post a notification on its public notice website. Anyone can then request to view the application and accompanying Erosion and Sediment Control Plan (ESCP) at the DEQ office in the region where the construction project is located. (For sites in Coos, Curry, Douglas, Lane or Lincoln Counties, locate your regional office on the DEQ's Western Region information page. For Clatsop and Tillamook counties, locate your regional office on DEQ's Northwest Region information page.)

Members of the public will then have 14 calendar days (10 business days) to submit comments to DEQ about the application and plan.

What You'll Need

(1) Permit Application and ESCP

During the public comment period, the public may review the permit application, which describes the nature and location of the construction project, along with the ESCP, which describes how runoff and sediment will be controlled on the site, at the appropriate DEQ office.

(2) Site Details

The application should include the longitudinal and latitudinal coordinates of the construction site. The DEQ’s website features a location finder where, using the property address or the coordinates, users can identify the proposed construction site, as well as identify nearby water bodies and other points of environmental interest that may be disturbed by the construction project.

Once you've identified the location and nearby waterways, you should visit the site if possible. Take note of particular conditions and characteristics present at the site that may be problematic for the purposes of managing stormwater (unstable terrain, steep slopes, close proximity to waterways, etc).

(3) Permit

You should also obtain a copy of the permit itself. The most recently revised 1200-C general permit is available for download on the DEQ's website. The permit includes benchmarks for certain pollutants that have been set by the DEQ as well as overall compliance information.

Submitting Your Comments

Comments should be submitted by letter or by e-mail to the appropriate regional office. (Note that the DEQ will only review water-quality related comments regarding the permit applications. Though the applicant must obtain a Land-Use Compatability Statement (LUCS) prior to obtaining coverage under the 1200-C permit, land-use questions are best directed to the local land-use decision-making body). DEQ's stormwater technical staff will review all submitted comments and will inform the individual who submitted the comments of the action(s) taken in response.

Download a Sample Public Comment Form.

DEQ Follow-Up

After the 14 day public comment period the DEQ should review the comments to determine if the ESCP is adequate and whether the project should be covered by the proposed 1200-C permit or should be covered by an individual NPDES permit. Based on the comments provided the DEQ may request that the applicant change the ESCP or apply for an individual permit.