1. INSTRUCTIONS
      2. FOR NOTICE OF TERMINATION

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COMMONWEALTH OF PENNSYLVANIA
NOT Instructions
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF CLEAN WATER
- 1 -
INSTRUCTIONS
FOR NOTICE OF TERMINATION
FOR A GENERAL (PAG-02) OR INDIVIDUAL NPDES PERMIT, ESCP, or ESCGP
FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES
GENERAL INFORMATION
This form serves to fulfill the obligations referenced in
25 Pa. Code §102.7 (related to Permit Termination).
Applicability
A permittee(s) presently covered under an Individual
National Pollutant Discharge Elimination System
(NPDES)
Permit
for
Stormwater
Discharges
Associated with Construction Activities, the General
NPDES Permit for Stormwater Discharges Associated
with Construction Activities (PAG-02), an Erosion and
Sediment Control Permit (ESCP), or an Erosion and
Sediment Control General Permit for Earth Disturbance
Associated with Oil and Gas Exploration, Production,
Processing, or Treatment Operations or Transmission
Facilities (ESCGP) shall submit this Notice of
Termination (NOT) form to the delegated county
conservation district or Department of Environmental
Protection (DEP) Regional Office (whichever is the
appropriate processing entity) for permit applications
submitted
after November 19, 2010
.
Per 25 Pa. Code §102.7, the NOT form is to be
submitted once the following have been achieved:
permanent stabilization of earth disturbance activities
per 25 Pa. Code §102.22(a)(2) and implementation of
post construction stormwater management (PCSM)
best management practices (BMPs) per the approved
PCSM Plan or site restoration/reclamation via the
approved Restoration/Reclamation Plan. Per 25 Pa.
Code §102.22(a)(1), once permanent stabilization has
been established, the temporary erosion and sediment
control (E&S) BMPs shall be removed. Any areas
disturbed in the act of removing temporary E&S BMPs
shall be permanently stabilized upon completion of the
removal activity.
Per 25 Pa. Code §102.7, until written approval of a NOT
is received, the permittee and any co-permittees will
remain responsible for compliance with the permit
terms and conditions, including long-term operation
and maintenance of all PCSM BMPs on the project site.
Permit expiration does not relieve the permittee and
any co-permittees of this responsibility; only permit
termination may provide such relief.
NOT Form Submission
The
Department
of
Environmental
Protection
(Department) requires use of the most current NOT
form available. The current NOT form and other related
documents may be found under “E&S Resources” at:
www.dep.pa.gov/constructionstormwater
. Please type
or print clearly when completing the form. If information
needed is more than space allows, attach additional
sheets.
NOT forms should be submitted to the conservation
district office for the county in which the project is
located, except for the following two counties:
NOT forms for projects located in Forest county
should be submitted to DEP’s Northwest Regional
Office in Meadville.
NOT forms for projects located in Philadelphia
county should be submitted to DEP’s Southeast
Regional Office in Norristown.
If your project occurs in multiple counties, the NOT form
should be submitted to the county conservation district
where the greatest amount of the project is located.
Contact information for the county conservation
districts
may
be
found
at:
https://pacd.org/?page_id=59
. A list of DEP regional
offices
can
be
found
at
http://www.dep.pa.gov/About/Pages/Office-
Locations.aspx
.
PCSM Requirements
Per 25 Pa. Code §102.8(k), a licensed professional or
a designee shall be present onsite and be responsible
during critical stages of implementation of the approved
PCSM Plan.
The critical stages may include the
installation of underground treatment or storage BMPs,
structurally engineered BMPs, or other BMPs as
deemed appropriate by the Department or the
conservation district.
Per Pa. Code §102.8(l), the
permittee shall include with the notice of termination
record drawings which accurately reflect the as-built
conditions with a final certification statement from a
licensed professional, as provided in section 5 of the
NOT form.
PCSM Long-Term Operation and Maintenance
Requirements
Per 25 Pa. Code §102.8(m), the permittee or
co-permittee shall remain responsible for long-term
operation and maintenance of PCSM BMPs unless a
different person is identified in Appendix C of the NOT
form and has agreed to long-term operation and
maintenance of PCSM BMPs.
For
any
property
(not
commonwealth-
or
federally-owned) containing PCSM BMP(s), the
permittee or co-permittee shall record an instrument
with the recorder of deeds which will assure disclosure

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of the PCSM BMP(s) and the related obligations in the
ordinary course of a title search of the subject property.
The recorded instrument must:
1. Identify the PCSM BMP(s),
2. Provide for necessary access related to long-term
operation and maintenance for PCSM BMP(s),
3. And provide notice that the responsibility for
long-term operation and maintenance of the PCSM
BMP(s) is a covenant that runs with the land that is
binding upon and enforceable by subsequent
grantees.
A sample instrument may be found here:
Instrument
for the Declaration of Restrictions and Covenants.
This
is a legal document which should be used with the
advice of legal counsel.
Proof of filing such an
instrument is to be provided with the NOT form. The
sample instrument, alone, addresses bullet #3 above,
but does not address bullets #1 and #2 above. When
attached to the instrument, the record drawings and the
operation and maintenance schedule contained within
the record drawings address bullets #1 and #2.
Per permit condition, unless the Department authorizes
a different procedure, the long-term operation and
maintenance plan shall be recorded along with the
instrument. The long-term operation and maintenance
plan, which is synonymous with the long-term operation
and maintenance schedule which was contained in the
PCSM Plan, shall be in a narrative format and:
1. List the PCSM BMP(s),
2. Provide for routine maintenance activities and an
inspection schedule for each PCSM BMP,
3. Provide for repair or replacement of the PCSM
BMP(s) as needed to ensure continual function as
designed, and
4. Describe how access to the PCSM BMP(s) will be
provided.
Per permit condition, unless an alternative process is
approved by the Department in writing, upon sale or
transfer of any parcel, lot, road, or other real property
included within the permit boundary, the permittee shall
notify the purchaser, grantee, or transferee of the
long-term PCSM BMP operation and maintenance
requirements. The permittee shall expressly identify:
1. The PCSM BMPs on each property,
2. The schedule for inspection and reporting,
3. The person or entity responsible for long-term
operation and maintenance of the PCSM BMPs,
and
4. How access to the BMPs will be achieved, and
shall obtain approval from the purchaser, grantee
or transferee.
A sample of such “landowner notice” may be found
here:
New Property Owner Post-Construction
Stormwater
Management
Best
Management
Practice(s)
Notification
and
Operation
and
Maintenance Agreement
. This is a legal document
which should be used with the advice of legal counsel.
Any such landowner notices are not required to be
recorded with the instrument (unless they are also
acting as operation and maintenance agreements);
however, they must be submitted with the NOT form.
NOTE: A planned community declaration may be
considered landowner notice if the declaration
addresses the preceding bulleted items.
INFORMATION REQUIRED FOR THE NOT FORM
TO BE DETERMINED COMPLETE
The reviewing entity will review the NOT form and
attachments against the NOT Completeness Review
and Fieldwork Checklist to document the submission of
all required NOT paperwork. If the NOT contains minor
deficiencies, the permittee will be notified via telephone
or email to explain the deficiencies and to offer the
opportunity to submit the necessary materials within
20 business days of the original NOT receipt. If the
NOT is deemed to be incomplete, or if information
requested is not received within the 20-business day
review period, a written notice of denial, and reasons
for such denial, will be provided to the permittee, along
with a request to resubmit a NOT form. Once a NOT
form is deemed complete, the reviewing entity will
schedule and conduct an onsite inspection to verify
project completion and permanent stabilization.
The following information must be submitted for the
application to be considered complete.
Section 1. Permit Information
Check the appropriate box for the permit type and
provide the permit number.
Section 2. Project Location or Physical Address
Provide the facility/development name, address,
municipality, and county.
Provide the latitude and
longitude coordinates for the approximate center of the
project area or facility, in degrees, minutes, and
seconds.
Section 3. Reason for Permit Termination
Check the appropriate box which describes the reason
for the submittal of the NOT form. In most cases, the
NOT form should not be submitted until all construction
activity identified in the E&S/PCSM plan is complete
and all disturbed areas have been stabilized.
For
example, for a subdivision where the operator will
construct the infrastructure (roads, utilities, etc.) and
houses, the operator should not submit the NOT form
until all construction activity identified in the plans are
complete and all disturbed areas have been stabilized.
This includes individual lot development (i.e. house,
driveway, and lawn construction). Thus, the first box
should be checked.
However, circumstances may warrant a full permit
termination after either some or none of the planned

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activities (i.e. any earth disturbance activities, such as
clearing, grubbing, grading or the installation of E&S
BMPs) were conducted, the site has been stabilized,
and there is no intention for the permittee to commence
or continue construction at the project site.
For full terminations where
some of the planned
activities
were
conducted
including
the
installation or utilization of PCSM BMPs
,
complete Sections 1 through 6 and other applicable
sections of the NOT form (as described in Section
6 of the NOT instructions) as well as the applicable
sections of the Completeness Review and
Fieldwork Checklist.
For full terminations where
some of the planned
activities were conducted yet no PCSM BMPs
were installed or utilized
, complete Sections
1 through 4 of the NOT form and Section 4 of the
Completeness Review and Fieldwork Checklist. In
lieu of the Section 8 certification, submit a signed
cover letter and indicate in the letter that some
earth disturbance activities took place, no PCSM
BMPs were installed, and the site has been
permanently stabilized.
For full terminations where
no planned activities
were conducted,
complete Sections 1 through
4 of the NOT form and Section 4 of the
Completeness Review and Fieldwork Checklist. In
lieu of the Section 8 certification, submit a signed
cover letter and indicate in the letter that no earth
disturbance activities took place and no temporary
E&S BMPs were installed.
If a permittee(s) wishes to terminate permit coverage
on a portion of a project which is complete and
permanently stabilized while continuing to maintain
permit coverage on the remaining portion of a project
until completion, this can be achieved through a partial
permit termination. The following criteria must be met
to utilize a partial permit termination:
1. Both the area of land to be terminated and the
remaining land must be five (5) acres or greater.
Therefore, the total project site must be ten (10)
acres or greater.
2. Except for linear projects that involve restoration to
pre-construction
conditions,
to
the
extent
practicable, in accordance with 25 Pa. Code
§102.8(n), both portions of the project must not be
hydrologically
connected
to
(contributing
stormwater
drainage/flows
to
or
receiving
stormwater drainage/flows from) each other, up to
and including the 100-year storm event.
For
example, if a BMP is located within the completed
portion of the site and infiltrates the 2-year/24-hour
storm but overflows during larger storm events to a
larger basin which is not contained within the
completed portion of the site, the partial NOT will
not be approved.
3. Single lot terminations are permitted, so long as
they meet the criteria above.
Provide a description of the portion of the project site to
be terminated and provide the metes and bounds
(attach additional sheet, if necessary). If submitting a
NOT form for a partial termination, a notice of intent or
permit application for an amendment to the permit to
reflect the reduction in the project site must be
submitted concurrently.
Section 4. Permittee Information
Provide the name, address, telephone number, and
email address of the permittee and any additional
permittees (those who had been listed as co-applicants
on the permit application).
The name(s) and
address(es) provided here must match the name(s)
and address(es) of the applicant(s) on the permit
application, unless the permit was transferred to a new
permittee(s); in which case, the name(s) and
address(es) must match the name(s) and address(es)
listed on any applicable transfer form.
Section
5.
Final
Certification
of
Licensed
Professional
Per 25 Pa. Code §102.8(k), a licensed professional or
a designee shall be present onsite and be responsible
during critical stages of implementation of the approved
PCSM Plan. A licensed professional,
which is defined
in 25 Pa. Code §102.1 as professional engineers,
landscape architects, geologists, and land surveyors to
practice in this Commonwealth
, must complete, sign,
and seal this section. Although a designee of the
licensed professional may have provided oversight
during critical stages on behalf of the licensed
professional, the designee may not complete this
section. This section must be completed by a licensed
professional. This section must be completed for all
NPDES permitted projects regardless of whether the
project either contains installed PCSM BMPs or is a
restoration/reclamation activity.
In conjunction with this section,
Appendix A
must be
completed to provide a summary of installed PCSM
BMPs, and a copy of the project’s record drawings must
be attached to the NOT form. The record drawings
must accurately reflect as-built conditions and need to
contain a level of detail sufficient for the person
responsible
for
the
long-term
operation
and
maintenance of the BMPs to locate, access, and
properly maintain the BMPs. The record drawings
should contain the same information as the PCSM Plan
contained and note any changes from the PCSM Plan
(preferably overlain).
Note: Changes made to a PCSM
Plan may result in an amendment to the permit.
Appendix B
, the Record Drawings Checklist, must be
completed as verification that all applicable items are

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included in the record drawings. If applicable items are
missing, the reviewing entity may request resubmittal
of the record drawings.
Section 6. Long-Term Operation and Maintenance
and Restoration/Reclamation
Check the box which describes the final status of the
site. If any non-restoration or non-reclamation PCSM
BMPs
were
installed,
or
utilized
(including
non-structural BMPs which do not require installation
but are utilized as a part of the PCSM Plan, e.g., street
sweeping), (per 25 Pa. Code §102.8(a) through (m))
within the project area encompassed by this Notice of
Termination, then the first box must be checked (and
NOT form Section 7 as well as Appendices A, B, and C
are required to be completed). If the project area
encompassed by this Notice of Termination is to be
completely restored or reclaimed (per 25 Pa. Code
§102.8(n)), then the second box must be checked (and
NOT form Section 7 as well as Appendices A, B, and C
are not required to be completed).
Section 7. Proof of Instrument Filing with the
Recorder of Deeds Office
An instrument addressed in 25 Pa. Code §102.8(m)(2)
must be filed with the County Recorder of Deeds office,
and proof of filing must be submitted with the NOT form.
However, if the answer to question 7.a is “yes,” an
instrument filing is not necessary at this time (but will
be required at the time of a future property transfer) and
the permittee is not required to complete section 7.b.
The previously mentioned sample Instrument for the
Declaration of Restrictions and Covenants does not, by
itself, address all of the requirements of 25 Pa. Code
§102.8(m). In order to address these requirements, the
following items must be recorded with the instrument:
1. Record drawings which accurately reflect as-built
conditions
2. Long-term operation and maintenance plan (which
may be contained within the record drawings)
3. Operation and maintenance agreements (for cases
in which an entity(ies) or person(s) other than the
permittee has agreed to perform long-term
operation and maintenance) NOTE: A planned
community declaration may be considered an
operation and maintenance agreement for PCSM
BMPs which are to be operated and maintained by
a Property Owners Association (POA).
If the
project contains PCSM BMPs which are not
operated and maintained by the POA, then a
separate agreement(s) may be warranted.
For most projects, the instrument and attachments
which were recorded during the initial filing (within
45 days of permit authorization/issuance) will need to
be amended at the time of permit termination so that
the most recent plan on record is an accurate reflection
of as-built conditions for the benefit of current and
future responsible parties. The only exception would
be projects where:
1. The location and dimensions of the BMPs on the
record drawings are the same as those on the
PCSM plan,
2. there are no subsurface BMPs,
3. All BMPs are non-engineered and require minimal
maintenance, and
4. The operation and maintenance plan has not
changed.
Proof of filing the instrument and attachments with the
Recorder of Deeds must be submitted with the NOT
form. The combination of these two items is considered
sufficient proof of filing:
1. A copy of the Recorder of Deeds receipt and
2. Completed Section 7.b of the NOT form.
In conjunction with this section,
Appendix C
must be
completed to identify those individuals who have
agreed to be responsible for long-term operation and
maintenance of the PCSM BMPs. Complete the table
as follows: In the first column, each PCSM BMP must
be listed in a separate row, with each corresponding
latitude and longitude provided in the second column of
the same row. The full name, address, and phone
number of the individual responsible for each BMP
must be provided in each row for which a BMP is listed.
Section 8. Permit Termination Certification
The person listed in Section 4 is to complete this
certification.
If an additional permittee is listed in
Section 4, print an additional Section 8 to be completed
by the additional permittee. There is no need for a
co-permittee, who was brought onto the permit after
permit
authorization/issuance,
to
complete
the
certification. Upon permit termination, all remaining
co-permittees who had been brought onto the permit
after authorization/issuance are automatically released
from liability.
The information provided in the
certification must match the information provided on the
permit application certification section or on any
applicable permit transfer forms.
The permittee must complete the required certification
by printing the permittee name in the first paragraph,
checking the appropriate box as indicated below,
entering the entity name both in the second paragraph
and next to the appropriate checkbox, and providing
the printed permittee name and title, permittee
signature, and date:
a. Corporations:
1) A president, vice-president, secretary, or
treasurer of the corporation in charge of a
principal business function, or any other
person who performs similar policy or

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decision-making functions for the corporation;
or
2) The manager of one or more manufacturing,
production or operating facilities if authority to
sign documents has been assigned or
delegated to the manager in accordance with
corporate procedures.
b. Partnerships or sole proprietorships -a general
partner or the proprietor, respectively.
c. Municipalities, State, Federal or other public
agencies -either a principal executive officer or
ranking elected official:
1) The chief executive officer of the agency; or
2) A senior executive officer having responsibility
for the overall operations of a principal
geographic unit of the agency (e.g., Regional
Administrators of EPA).
d. For individuals, no indication of entity name or title
is necessary.
If anyone else signs on behalf of a corporation,
partnership,
or
public
agency,
documentation
supporting delegation of contracting authority must be
provided.
Notice of Termination Completeness Review and
Fieldwork Checklist
The NOT paperwork, required to be submitted, is to be
completed based on property ownership and the type
of PCSM BMPs (see NOT form Section 6). Under the
Paperwork Requirements section:
If your project contains PCSM BMPs installed
per 25 Pa. Code §102.8(a) through (m), and
the property is not commonwealth- or
federally-owned, check the boxes in the
“Permittee Included” column in Section 1 of the
checklist.
If your project contains PCSM BMPs installed
per 25 Pa. Code §102.8(a) through (m), and
the property is entirely commonwealth- or
federally-owned, check the boxes in the
“Permittee Included” column in Section 2 of the
checklist.
If your project contains PCSM BMPs installed
per 25 Pa. Code §102.8(n), regardless of
ownership, check the boxes in the “Permittee
Included” column in Section 3 of the checklist.
Under Section 4, “Field Inspection,” all project types
must check the boxes in the “Permittee Addressed”
column.
The permittee shall retain a copy of the record drawings
and shall also provide a copy, as part of the approved
PCSM Plan, to the person(s) identified in Appendix C,
as being responsible for the long-term operation and
maintenance of the PCSM BMP(s). Additional copies
of the NOT form and record drawings shall also be
provided to the local municipality.
AFTER PERMIT TERMINATION
Upon any reduction, loss, or failure of any PCSM BMP,
the Grantor identified in the recorded instrument shall
take immediate action to restore, repair, or replace the
BMP or provide an alternative method of treatment. If
a modification to the installed PCSM BMPs is proposed
for any reason, the recorded instrument shall not be
amended, terminated, or in any way modified by the
Grantor without the express prior written approval of the
Commonwealth
of
Pennsylvania
Department
of
Environmental Protection (Department).
If an amendment or modification of the instrument is
needed
for
reasons
other
than
PCSM
BMP
modification or site redevelopment, the Grantor
identified in the recorded instrument shall provide
notice to the Department or delegated county
conservation district in writing at least 20 business days
prior, unless otherwise approved by Department, to
recording any amendment, termination, or modification
of the instrument. After 20 business days have elapsed
without written notification from the Department, the
Grantor may record any such amendment, termination,
or modification of the instrument.

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