Bernalillo County requires an NPDES Construction General Permit for sites disturbing 1 acre or more and a County-approved erosion and sediment control plan (ESCP). Silt fence, stabilized entrances, and track-out controls are mandatory in the high-desert environment.
Under EPA's NPDES Construction General Permit (CGP, tracked by NMED Surface Water Quality Bureau since NM is non-delegated for construction), disturbance of 1 or more acres triggers Notice of Intent filing and a Stormwater Pollution Prevention Plan (SWPPP). Bernalillo County DPM Chapter 22 and the IDO require erosion controls on all grading permits regardless of size. Required BMPs include silt fence, fiber rolls, stabilized construction entrance (to control track-out onto dust-prone roads), inlet protection, and concrete washouts. The Albuquerque-Bernalillo County Air Quality Control Board also requires a fugitive dust permit for disturbances over 3/4 acre under 20.11.20 NMAC — this is critical in the high-desert climate. Disturbed areas must be stabilized (hydroseed, mulch, gravel) within 14 days of inactivity. Weekly inspections during construction and within 24 hours of 0.25-inch rain events.
Missing erosion controls: stop-work order and civil penalty up to $10,000 per day under NMSA §74-6-10. Track-out onto roads: fugitive dust violation, fine $300–$15,000 per Air Board Reg 20. Discharge of sediment to arroyos/Rio Grande: NPDES enforcement by EPA Region 6.
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