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EPA Construction General Permit (CGP) — NMR100000 Guide for New Mexico

The EPA Construction General Permit (CGP) is the federal authorization for construction stormwater discharges. In New Mexico, this permit is NMR100000 — effective February 17, 2022, expiring February 16, 2027. Filing a Notice of Intent (NOI) before ground disturbance is a legal prerequisite, not a formality.

NMR100000EPA CGP 2022NPDESNMPDES Transition
NMR100000 Permit Status: Active · Effective Feb 17, 2022 · Expires Feb 16, 2027 · NMPDES transition scheduled

CGP 2022 Key Requirements

The 2022 CGP (effective February 2022) introduced tighter requirements compared to the prior 2017 permit. Key changes relevant to New Mexico operators include:

SWPPP Requirements

  • Site description including drainage area map
  • Identification of potential pollutant sources
  • BMP selection documentation with rationale
  • Inspection schedule and responsible personnel
  • Spill prevention and response procedures
  • Post-construction permanent stabilization measures

Inspection Documentation

  • Inspection date, time, and inspector name
  • Weather conditions and 24-hr rainfall data
  • BMP condition assessment for all installed controls
  • Description of any corrective actions required
  • Follow-up verification within 7 days
  • Signature of Qualified Inspector

Records Retention

  • SWPPP available on site during construction
  • Inspection records retained 3 years post-NOT
  • NOI acknowledgment on file
  • All SWPPP amendments retained with dates
  • Corrective action documentation retained
  • NOT filing confirmation retained

NMR100000 Specific Provisions for New Mexico

While the CGP 2022 is a national permit, NMR100000 contains New Mexico–specific provisions negotiated with EPA Region 6. Key New Mexico provisions:

Discharge to Impaired Waters
Projects discharging to waters on New Mexico's 303(d) list of impaired waters require additional BMP selection documentation and may require enhanced monitoring.
Tribal Land Coordination
Construction on or near Tribal lands within New Mexico — including Navajo Nation, Pueblo, and Apache territories — may require separate Tribal environmental consultation before NOI acknowledgment.
Ephemeral Arroyo Setbacks
New Mexico's network of ephemeral arroyos and jurisdictional drainages requires specific BMP setbacks. Inspections Plus applies USACE and NMED ephemeral water guidance when designing arroyo-adjacent BMPs.
Caliche and Hardpan Soil BMPs
National BMP specifications often assume permeable soils. NMR100000 compliance in NM requires design adjustments for caliche hardpan — particularly for sediment basin infiltration assumptions and silt fence anchor depth.

NOI Filing Requirements

The Notice of Intent (NOI) is the formal mechanism for obtaining coverage under NMR100000. It must be filed and acknowledged before any ground disturbance begins.

Current — EPA NeT System

  • File at https://npdes.epa.gov/net/
  • Acknowledgment typically within 7 days
  • eNOI PDF confirmation serves as permit coverage
  • Site-specific information: acreage, latitude/longitude, receiving waters, operator information

Transition — NMPDES eDMR (2026)

  • File via NMPDES eDMR portal after transition
  • WQCC hearing June 8–18, 2026 sets transition date
  • Dual-permit compliance window during transition
  • New permit number format (state-issued)

Inspection Schedule — 7-Day, 14-Day, and Post-Storm

NMR100000 Part IV establishes two inspection schedules operators may choose from, plus mandatory post-storm inspections:

ScheduleFrequencyPost-Storm TriggerBest For
Schedule 1 (Standard)Every 14 calendar daysWithin 24 hrs of ≥ 0.25"Most NM projects
Schedule 2 (Reduced)Every 7 calendar daysWithin 24 hrs of ≥ 0.25"High-risk sites / sensitive waters
Inactive SitesMonthly (winter laydown)Within 24 hrs of ≥ 0.25"Sites with no active earthwork

Note: Arizona AZPDES AZG2022-001 uses a 0.50-inch post-storm trigger rather than 0.25 inches. If you operate sites in both states, Inspections Plus manages the differing thresholds in your inspection scheduling system.

NMPDES Transition Timeline

Feb 17, 2022
NMR100000 effective — current permit in force
2024–2025
NMPDES rulemaking development — NMED drafts state permit language
June 8–18, 2026
WQCC rulemaking hearing — public comment and adoption vote
Post-hearing, 2026
Dual-permit window begins — both EPA CGP and NMPDES compliance required
Feb 16, 2027
NMR100000 expires — NMPDES fully assumes authority

CGP vs. MSGP — Know the Difference

The CGP covers construction-related soil disturbance. The MSGP covers industrial activities with stormwater exposure — an entirely different regulatory framework. Many facilities — particularly those undertaking construction on active industrial sites — require both permits simultaneously.

Full CGP vs. MSGP comparison — 10-dimension table

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