What size construction activity does the Phase II Final Rule (Final Rule) affect?
The Final Rule affects construction activity with a soil disturbance of from one to five acres, or if less than one acre is part of a larger common plan of development or sale one acre or greater. Construction activity includes clearing, grading, excavation, stockpiling, and re-construction of existing facilities involving removal and replacement. Construction activity does not include routine maintenance such as, maintenance of original line and grade, hydraulic capacity, or original purpose of the facility. Storm water discharges in the Lake Tahoe Hydrologic Unit and the San Jacinto Watershed are regulated by a separate construction permit(s) adopted by the respective California Regional Water Quality Control Boards (RWQCB), and may not seek coverage under the State Water Resources Control Board’s (SWRCB) General Permit. The U.S. Environmental Protection Agency will regulate storm water discharges associated with construction activity on Indian lands.
