B.5.2.2 Land Development Notice

General.  Regardless of the size of the land disturbance, the contractor/project proponent should be aware of the installation-wide dust control plan, which is enforceable by the state.  Link to SEMS webpage for dust plan and GC memo.

Ultimately, the contractor/proponent is responsible for determining the land disturbance associated with the project and determining if a county emission permit (for land disturbance) and/or state land development activities permit is required.  Land development includes activities such as excavating, grading, overlotting, filling, and bank slopping. 

El Paso County Permit:  A county permit is required if the land disturbance associated with the project is greater than 1 acre (does not have to be contiguous) or the duration of disturbance is greater than 6 months. 

State Air Pollutant Emission Notice (APEN) and air permit:  Land development projects that are greater than or equal to 25 continuous acres and/or 6 months in duration typically require the submission of state Air Pollutant Emission Notice (APEN) and an air permit.  When an air permit is specifically required, a Start Up Notice must be submitted to the state at least 30 days prior to commencing the land development project.  It is recommended the Start Up Notice be sent in with the air permit application.

The contractor is responsible for allowing enough time to obtain the necessary air permits prior to land disturbance initiation (minimum 2 weeks for county and 90 days for state).  (A military unit or Range Division shall coordinate with the DECAM in advance, who will obtain the permit for them.) 

Road and Lot Paving Operations: grading of roads during a project, or for normal road maintenance of unpaved roads, an El Paso County permit is required if the land disturbance is greater than 1 acre (does not have to be contiguous) or the duration of disturbance is greater than 6 months.  A state permit may be required if more than 2 tons of uncontrolled emissions would occur; documentation shall be retained as proof of consideration.

Permit Application.  All applications require concurrentsubmission of a fugitive dust control plan and application fee (county is $130 per project and state is $120 plus additional hourly process/review time of $60/hour).    

Permit Requirements:  The permits require a map/project site plan with dimensions and total acreage for the area of potential impact, defined as any area within the project site that will be disturbed by earth moving activities, including stock piles and access roads on site.  Provide conservative land disturbance activity end dates to allow for any unforeseeable project delays.  Six months is the maximum allowable time for a county permit.  Information provided in the fugitive dust control plan will be included in the permit, so do not include any conditions that the contractor can not adhere to.  It must be followed to ensure off-property transport of visible emissions or complaints do not occur.  At a minimum, water must be available to control dust on all land development activities.  

Project Completion:   If necessary, permit extensions can be obtained if the permitting agency is notified prior to expiration of the permit and the scope of the project has not changed.  Once the project is complete, the contractor must notify the DECAM NEPA or Air Program of completion for project closure.

B.5.2 Air Quality Management Program