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NOI and NOT Filing for NM Construction Stormwater Permits

Your Notice of Intent (NOI) must be filed and acknowledged before a single cubic yard of soil is disturbed. Filing after construction begins is a Day 1 Clean Water Act violation, with penalties reaching $68,445 per day. Inspections Plus files NOIs and NOTs on your behalf.

No exceptions: Permit coverage before dirt moves.

Construction inspectors, NMED enforcement staff, and EPA Region 6 personnel routinely check NOI acknowledgment dates against construction start dates. A late-filed NOI is documented as a permit violation regardless of whether any stormwater discharge occurred.

NOI — What, When, and How to File

The Notice of Intent is the formal mechanism for obtaining coverage under NMR100000 or AZPDES. Once submitted and acknowledged, it serves as your construction stormwater operating authorization.

What You Need to File

  • ·Project name and location (lat/long)
  • ·Project start and end dates
  • ·Total disturbed acreage
  • ·Receiving water(s) name and impairment status
  • ·All operator names (Type 1 and Type 2)
  • ·SWPPP completion date
  • ·Emergency contact information

Timeline

  • ·Prepare SWPPP: 5–15 business days
  • ·File NOI in EPA NeT: same day
  • ·EPA acknowledgment: ~7 calendar days
  • ·Allow 10–14 business days buffer
  • ·Site signage posted before disturbance
  • ·Pre-construction BMP installation complete
  • ·Inspections begin Day 1 of disturbance

After Acknowledgment

  • ·Print NOI acknowledgment PDF
  • ·Post NOI at construction entrance
  • ·Post emergency contact signage
  • ·SWPPP physically on site
  • ·Begin 14-day inspection schedule
  • ·Log first inspection within 7 days of start
  • ·Notify all subcontractors of SWPPP requirements

Current — EPA NeT

EPA's electronic Notice of Intent/Termination (NeT) system at npdes.epa.gov/net handles all current NMR100000 and AZPDES filings.

  • Online portal with electronic certification
  • Acknowledgment emailed to operator and SWPPP preparer
  • Permit tracking dashboard for project status

NMPDES eDMR — 2026 Transition

Once NMED adopts and issues NMPDES permits, new NOI filings for NM projects will shift to the NMPDES eDMR system administered by NMED.

  • •Dual-permit window: comply with both EPA CGP and NMPDES simultaneously
  • •New state permit number issued by NMED
  • •IPLLC updates all active client SWPPPs and re-files

NOT — Final Stabilization and the 30-Day Window

The Notice of Termination ends your permit coverage and liability for ongoing stormwater management obligations. It must be filed within 30 days of achieving final stabilization. Filing too early — before 70% vegetative cover is confirmed — is a permit violation.

Final Stabilization Standard (NMR100000)

Vegetative Cover: 70% uniform perennial vegetation density compared to undisturbed native cover for the region
Alternative: Equivalent permanent stabilization — riprap, gabions, geotextiles, concrete paving
Native Species Required: For vegetated stabilization, NM/AZ native species are required or strongly preferred
All Disturbed Areas: Not just slopes — including staging areas, stockpile sites, and utility trenches

30-Day Filing Window

File the NOT within 30 days of achieving final stabilization. If both Operator Type 1 and Operator Type 2 are on the NOI, each operator may file their own NOT when their individual responsibilities are complete. The 30-day clock runs from the date of the final stabilization inspection confirming 70% cover — not from the date seeding was applied.

3-Year Records Retention Package

All of the following must be retained for 3 years after NOT filing:

Original SWPPP and all amendments (with amendment dates)
NOI and NOI acknowledgment documentation
All inspection reports (14-day, post-storm, monthly)
All corrective action documentation
Correspondence with EPA or NMED
Benchmark monitoring records (MSGP co-located projects)
BMP installation records and photographs
NOT filing and NOT acknowledgment

Consequences of Late or Missed Filing

Late NOI

  • Day 1 CWA violation — penalties begin at first day of construction
  • $68,445/day maximum per violation
  • Stop-work order from NMED or EPA Region 6
  • Notice of Violation (NOV) in public enforcement database
  • Increased scrutiny on future permits

Early NOT (Before Final Stabilization)

  • Permit violation — discharges without coverage
  • Potential third-party citizen suit liability
  • Re-filing required — coverage gap creates liability period
  • SWPPP documentation gap in records
  • May affect bonding and surety applications

Inspections Plus Filing Service

Inspections Plus files NOIs and NOTs on behalf of clients as a standard component of our SWPPP services. We maintain EPA NeT accounts for active clients, track acknowledgment status, and provide clients with the documentation needed for site posting and records.

  • NOI filed and acknowledgment confirmed before any ground disturbance
  • Site-specific NOI preparation with all required operator information
  • NOI acknowledgment PDF delivered same day for site posting
  • NMPDES dual-filing coordination during transition window
  • Final stabilization inspection before NOT filing
  • NOT prepared and filed within regulatory window
  • Complete records package assembled at project closeout

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