The SCDES Notice of Intent (NOI): who files it, how, and when

Last checked Oct 20, 2026.

This page covers asking for coverage under South Carolina's construction stormwater general permit (SCR100000). This is general information about how the process is described in public SCDES documents. It is not legal or engineering advice and not filing instructions for any particular site. Follow the instructions in ePermitting and from SCDES or your MS4, which can change.

If your site is inside a regulated MS4 (for example Greenville County or Anderson County), the NOI must include the MS4's written approval "if such a review is required under either an MS4 Program or SC Regulation 72-300" (CGP §2.3.3.D, p.16). MS4s may have their own forms and fees.

Sources:

• Permit SCR100000 (2026): https://des.sc.gov/sites/des/files/Documents/BOW/Stormwater/SCDESCGP2026.pdf ("p." = PDF page). Re-checked Oct 20, 2026; unchanged.
• SCDES Stormwater Construction Activities page (CA): https://des.sc.gov/programs/bureau-water/stormwater/stormwater-construction-activities. Re-fetched Oct 20, 2026.
• SCDES Construction Stormwater FAQ (FAQ): https://des.sc.gov/programs/bureau-water/stormwater/stormwater-construction-activities/construction-stormwater-frequently-asked-questions. Re-fetched Oct 20, 2026.
• SCDES All Forms page (ALL): https://des.sc.gov/permits-regulations/permit-central/all-forms-applications. Re-fetched Oct 20, 2026.
• ePermitting Certifier Agreement PDF: https://des.sc.gov/sites/des/files/Documents/ePermitting/CertifierAgreement.pdf. Fetched Oct 20, 2026.

1. Do you need permit coverage?

The permit covers land disturbance of one acre or more, and smaller pieces of a bigger plan:

"Stormwater discharges from construction activities including clearing, grading, filling, demolition that results in soil exposure, excavating and other land disturbing activities of one acre or more. In addition, stormwater discharges from projects or developments of less than one acre of land disturbance are required to obtain authorization under this permit if the construction activities at the site are part of a larger common plan of development or sale (LCP) that comprise of at least one acre of land disturbance."
Source: CGP §1.3.1.A, p.6.

SCDES says what counts as an LCP:

"If the site is part of a subdivision, industrial park, commercial park, etc., then it is considered to be part of an LCP."
Source: CA page.

Coastal counties have a separate rule for sites under 1 acre within half a mile of a coastal receiving water (CGP §1.3.1.B, p.6).

2. Who files the NOI

The "operator" files. The permit defines two kinds:

• Primary Permittee: the person with control over the plans. Usually the owner or developer.
• ODSA (Operator of Day-to-Day Site Activities): usually a contractor or builder.

"The person has operational control over construction plans, SWPPPs, and specifications, including the ability to request modifications to those plans, SWPPPs, and specifications by a qualified individual identified in Section 3.1.2.B of this permit. This person is typically the owner or developer of the project or a portion of the project (subsequent builders), and is considered the Primary Permittee"
Source: CGP §2.1.A, p.10.

"The Primary Permittee must submit a complete and accurate NOI as described in Section 2.3."
Source: CGP §2.2.1.A, p.11.

SCDES's plain-language version:

"Construction site operators must seek coverage under one of South Carolina's two NPDES Construction General Permits. Operators can be land developers, home builders, utilities, individuals, state & local governments."
Source: CA page, "Who must apply for a permit?"

The engineer does not sign as applicant. The applicant must start the ePermitting form:

"It is important to understand that the applicant seeking coverage must be the individual that initiates the form in ePermitting."
Source: FAQ page.

"Engineering and project consultants do not file certifier agreements."
Source: FAQ page.

3. Which form

From SCDES's own table ("Associated ePermitting Forms", CA page, checked Oct 20, 2026):

Unconfirmed, verify with SCDES: which form a site of exactly 1.0 acre uses. SCDES's table says D-2617 is for projects that disturb "greater than one acre". The permit covers "one acre or more" (§1.3.1.A, p.6). The table therefore doesn't clearly say which form a site of exactly 1.0 acre uses.

Unconfirmed, verify with SCDES: which form covers a site under 1 acre that is part of an LCP but is not a residential lot. The table doesn't say which form covers a site that is under 1 acre and part of a larger plan but is not a residential lot. D-0451 and D-2628 both say "Not for individual lots in residential subdivisions" (CA page table). D-2628 is for sites "NOT part of a larger common plan" (ALL page). Ask SCDES.

Unconfirmed, verify with SCDES: whether D-2628 is an NOI or a notification that leads to a letter of exemption. SCDES's table calls D-2628 an "NOI for new construction projects which disturb less than one acre" (CA page table). But SCDES's Less than 1 Acre page describes it as a notification that leads to a letter of exemption. Still open:

• whether separately built single-family homes exempt under Reg 72-302.A(4) must file it;
• how it interacts with MS4 rules;
• whether to file it by e-mail, as the PDF says, or through ePermitting, as the forms page says.

Unconfirmed, verify with SCDES: the current form labels and the UB-NOI form number. The All Forms page still describes D-2617 as a "Revision to SCDES Form 2617 for coverage under the new 2012 Stormwater NPDES General Permit". It still labels D-0432 "Under the new 2012 Stormwater NPDES General Permit". It still lists D-0433 "Annual Blanket Notice of Intent" for the 2012 permit. The 2026 permit describes the utility filing this way: utility providers and contractors "are required to complete a Contractor Certification Form or as an alternative, may submit an Utility Blanket Notice of Intent (UB-NOI) to the Department." (CGP §2.2.3.A, PDF p.13). No matching form number is published. Downloadable PDFs at https://des.sc.gov/sites/des/files/Library/D-2617.pdf and .../D-0432.pdf returned HTTP 404 on Oct 20, 2026. These forms seem to exist only inside ePermitting, so we could not read the current form fields.

4. What the NOI asks for (Primary Permittee)

The permit lists the minimum information (CGP §2.3.1, pp.14–15). It includes:

"Owner/Operator name, address, telephone number, and Employer Identification Number"
Source: CGP §2.3.1.A, p.14.

"Whether the SWPPP has been prepared in accordance with this CGP;"
Source: CGP §2.3.1.E, p.14.

The list also covers:

• project name and address, county, and tax map number;
• property owner, if different;
• whether the site is on Indian Land;
• the receiving water and its classification;
• coastal impacts;
• TMDL consistency.

Also required with the NOI (CGP §2.3.3, p.16):

"The following information and fees must also be submitted with the NOI form for the NOI application to be complete:"

• Coverage fee.

> "SC Regulation 61-30, Environmental Protection Fees, governs this fee. At the time of issuance of this CGP the fee was $125. This fee applies to each request for coverage under this CGP."
> Source: §2.3.3.A, p.16.

• Plan review fee (if SCDES reviews the plan).

> "the NPDES plan review fee of $100 per disturbed acre not to exceed $2000. This fee is in addition to the fee for coverage under this CGP."
> Source: §2.3.3.B, p.16.

• MS4 approval (if your MS4 or a delegated entity reviews).

> "Written approval from the Regulated MS4 or entity, other than SCDES, for the project specified on the NOI, if such a review is required under either an MS4 Program or SC Regulation 72-300."
> Source: §2.3.3.D, p.16.

• The C-SWPPP.

> "A copy of the Comprehensive SWPPP with the supporting documents and calculations."
> Source: §2.3.3.E, p.16.

Inside an MS4, it does not go to SCDES unless SCDES asks (§2.3.3.E.I, p.16).

• Coastal Zone Consistency application, coastal counties only (§2.3.3.F, p.16).

Unconfirmed, verify with SCDES: current fee amounts. The permit gives $125 only as the fee "at the time of issuance of this CGP", and says Reg 61-30 governs it. We could not find current amounts published by SCDES.

5. How to file: ePermitting only

"You must send a complete an accurate NOI application, consistent with Section 2.3, via the online ePermitting portal: https://des.sc.gov/permits-regulations/permit-central/epermitting"
Source: CGP §2.5, p.20 ("complete an accurate" is the permit's own typo).

Paper is no longer accepted:

"After this date, all permit applications must be submitted exclusively through ePermitting."
Source: FAQ page (the date is May 5, 2025).

Steps, as SCDES's FAQ lists them (verbatim):

"(1) create an ePermitting user account, (2) obtain Approved Certifier Status by mailing in a completed Certifier Agreement form using the email address from his/her ePermitting user account, (3) select the appropriate submission package (new project, transfer, modification, etc.), (4) create a new site (for new projects), and (5) select the appropriate submission package, (6) click “View Package”, (7) begin the application form."

Do the Certifier Agreement first:

"The application form cannot be submitted until the applicant has Approved Certifier Status."
Source: FAQ page.

Once the applicant has started the form, they can add their engineer as a user. Per the FAQ, the applicant can "save and exit out of the application form upon answering the first question", and then "The engineering consultant can then be added by the applicant as an Authorized User, Site Editor or Site Administrator".

The Certifier Agreement is a mailed, wet-ink original:

"Permittees must sign and mail a wet-ink copy of the Certifier Agreement to the following address to be able to sign applications electronically:"
Source: CGP §2.5, p.20. The address is: Certifier Agreement Administrator, SCDES, 2600 Bull St., Columbia, SC 29201.

"Faxes, photocopies, scanned copies, and other facsimiles will not suffice."
Source: Certifier Agreement PDF, p.1.

Unconfirmed, verify with SCDES: whether the Certifier Agreement must be wet-ink, or whether online identity verification is also accepted. The SCDES fact sheet describes the change as a requirement "to sign and submit a wet-ink Certifier Agreement prior to the submission of applications, or to complete the identity verification process online through ePermitting." (Fact sheet p.2, https://des.sc.gov/sites/des/files/Documents/FactSheets/NPDESStormwater.pdf; re-checked Oct 20, 2026, unchanged.) The permit's §2.5 mentions only the wet-ink agreement. §2.3 does say "Applicants must verify their identity and certify their signatory authority prior to submitting applications through ePermitting" (p.14). It is unclear whether online identity verification can replace the mailed agreement. Ask SCDES.

Help line:

"You may contact us at 1-800-274-9965 or [email protected] for assistance creating an ePermitting account, submitting your online application, checking permit status or certifier agreement status."
Source: CA page.

6. When to file, and when you can start work

File before any land disturbance:

"To obtain coverage under this CGP, you must submit a complete and accurate NOI and other information required in Section 2.3.3 prior to commencement of construction activities. Land disturbing activities may not commence until written approval is granted by the Department in accordance with Section 2.6."
Source: CGP §2.4.1.A, p.17.

SCDES review times (Table 2-1, CGP §2.6.1, pp.20–21). The cell text was rebuilt from the PDF table, which splits each cell across lines:

Coastal sites: the clock starts only after the Coastal Zone Consistency determination is issued (§2.6.1, p.20).

Unconfirmed, verify with SCDES: whether work may start on automatic authorization or only after a written approval letter. The permit says that if SCDES sends nothing in that time, "the authorization to discharge will be automatically granted" (§2.6.1, p.21). The same permit says land disturbance "may not commence until written approval is granted" (§2.4.1.A, p.17). SCDES's web page says: "Wait until you receive the SCDES NPDES permit letter before beginning any land disturbing activities." (CA page, Step 5.) SCDES's own page and §2.4.1.A both say to wait for written approval, but §2.6.1 describes automatic authorization, so the sources conflict. Ask SCDES.

SCDES also asks for a heads-up before work starts:

"Notify SCDES regional stormwater staff a week prior to land disturbing activities and of when the pre-construction conference will be held."
Source: CA page, Step 5.

Late filing:

"NOIs submitted after initiating clearing, grading, filling and excavation activities ... are considered late."
Source: CGP §2.4.5.A, p.20. The "..." stands for the parenthetical "(including borrow pits and stockpile material storage areas), or other similar construction activities for projects or sites required to obtain authorization under this permit".

SCDES "may take enforcement action for any un-permitted discharge" between the start of work and authorization (same section).

Emergencies: for public-emergency work, the NOI is due "within 30 calendar days after commencing construction activities" (§2.4.A, p.17).

7. After coverage: new owner, changes, and closing out

• New owner: use D-2617 with D-0434 (CA page). "Each new Owner/Operator will be subject to the standard NPDES permit coverage fee" (§2.4.3.F, p.19).
• Major changes: use D-2617 with D-0435 (CA page). The fee is "$100 for the modification and $100 per disturbed acre increase from what was approved under the original NOI, not to exceed $2000 for the entire Project/Site" (§2.3.3.C, p.16).
• Closing out: file the Notice of Termination (D-2610) through ePermitting.

> "The NOT must be submitted within 30 days of one of the above conditions being met. Authorization to discharge terminates at midnight of the day the NOT is signed."
> Source: CGP §5.1.B, p.58.

The conditions include final stabilization, or another operator taking over (§5.1.A, p.58).