When Can I Terminate My Permit

A project’s Permit coverage can be terminated once the site has reached “Final Stabilization”. The TCEQ defines final stabilization as:

Final Stabilization - A construction site status where any of the following conditions are met:

A. All soil disturbing activities at the site have been completed and a uniform (that is, evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.

B.For individual lots in a residential construction site by either:

(1)  the homebuilder completing final stabilization as specified in condition (a) above; or

(2)  the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. If temporary stabilization is not feasible, then the homebuilder may fulfill this requirement by retaining perimeter controls or BMPs, and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization.Fullfillment of this requirement must be documented in the homebuilder’s stormwater pollution prevention plan (SWP3).

C. For construction activities on land used for agricultural purposes (such as pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above.

Termination procedures include the following activities:

• Remove or schedule to remove all temporary erosion control measures;

• Remove posted Construction Site Notices (“CSNs”);

• Primary Operator -

Sites 5+ acres - Log into STEERS and complete Termination process for eNOT and remit .pdf to the MS4 ( the City in most cases );

Sites <5 acres - Remit the completed CSN to the MS4;

• Secondary Operator - Remit the completed Secondary Operator CSN ( attached ) to the MS4;

• Retain complete SWP3 for 3 years from date CSN was removed.