Quick answer: In Cherokee County, “NPDES plan” means the Erosion, Sedimentation and Pollution Control (ES&PC) plan required by Georgia’s NPDES construction stormwater general permits (GAR100001, GAR100002 or GAR100003) for any project disturbing one acre or more, or part of a larger common development. The plan must be prepared, signed and sealed by a GSWCC Level II certified design professional, include the current-year GSWCC checklist, show three phases of best management practices, and be complete before the Notice of Intent is filed with Georgia EPD at least 14 days before land disturbance. Cherokee County will not issue a Land Disturbance Permit until the NOI is filed and the $80-per-acre NPDES fees are paid.
What NPDES actually is, and what it is not
NPDES is the federal Clean Water Act permit program for discharges to waters of the United States. In Georgia it is run by the Environmental Protection Division (EPD) through three construction general permits: GAR100001 for stand-alone projects, GAR100002 for infrastructure, and GAR100003 for common developments such as subdivisions where lots are built out by multiple parties. The 2023 reissuance of these permits runs through 2028 and requires all filings through EPD’s online GEOS system. Our statewide overview is in Georgia NPDES construction permits (2023 reissuance).
What NPDES is not: it is not a separate county permit, and it is not a different drawing from your erosion control plan. The county Land Disturbance Permit and the state NPDES coverage are two approvals that rely on the same ES&PC plan. Owners who think they have “an erosion plan” and still need “an NPDES plan” are usually looking at one document that has not yet met the state checklist.
Who needs one in Cherokee County
- Any land-disturbing activity of 1.0 acre or more. Cherokee regulates this through its Land Disturbance Permit; projects under one acre fall under an Erosion Control Permit instead.
- Any disturbance smaller than one acre that is part of a larger common plan of development or sale, such as a single lot in a subdivision that is still under its GAR100003 coverage.
- Any disturbance within 200 feet of state waters, which Cherokee flags for ES&PC review regardless of size.
The primary permittee is the owner or developer. Contractors and utility companies become secondary permittees by signing onto the primary permittee’s plan. Individual lot builders in a common development become tertiary permittees with their own NOI.
What the County is actually looking for
Cherokee’s Development Service Center distributes the ES&PC plan for review, and, as described in the County’s MS4 stormwater program, the Natural Resources Conservation Service (NRCS) reviews the erosion plan on behalf of the local soil and water conservation district before the LDP is issued. Reviewers work from the GSWCC checklist for the year of permitting; if the checklist is not attached and completed, the plan is not reviewed. The items that most often draw comments in Cherokee are:
- Level II certification number, signature and seal missing from any ES&PC sheet. The permit requires it on every sheet pertaining to the plan.
- Sediment storage short of 67 cubic yards per acre drained at each common drainage location, or storage not in place before grading starts.
- Buffers drawn from the property line instead of the stream. Cherokee requires the 25-foot state waters buffer, the 50-foot county stream buffer and the 75-foot impervious setback to be delineated on the erosion, grading and tree plans.
- Phasing not shown. The plan must separate initial perimeter controls and sediment storage, intermediate grading and drainage controls, and final stabilization, and show clearing limits.
- Missing Cherokee plan notes, including the County’s clearing limit of 17 acres of disturbance at one time with phasing shown, and temporary grassing or mulching every seven days.
- No hydrology report. Cherokee’s Development Ordinance requires a post-developed stormwater management plan and hydrology report, sealed by a Georgia PE, for 5,000 square feet or more of new impervious cover or one acre or more of disturbance.
- 24-hour erosion control contact, sampling locations, discharge points and receiving waters not identified.
What is on the sheets
A complete ES&PC plan for a Cherokee project is a set of sheets inside the construction plans, not a stand-alone document. It carries:
| Component | What reviewers check |
|---|---|
| Cover and notes | Permit type (GAR100001/2/3), Level II seal, 24-hour contact, GSWCC checklist for the permit year, required state and county notes |
| Existing conditions | Topography, soils, state waters and wetlands on and within 200 feet of the site, buffers, drainage basins, receiving waters, impaired-stream status |
| Initial phase | Construction exit, perimeter silt fence, sediment basins or traps sized to 67 CY per acre drained, tree-save fencing |
| Intermediate phase | Grading, storm drain inlets with inlet protection, check dams, diversions, slope drains, temporary stabilization of inactive areas |
| Final phase | Permanent vegetation and stabilization, removal of temporary BMPs, conversion of sediment basins to permanent ponds where designed |
| Vegetative plan | Species, planting dates, seeding, fertilizer, lime and mulch rates, site-specific to the season |
| Details | Standard details from the Manual for Erosion and Sediment Control in Georgia with uniform coding symbols and legend |
| Hydrology | Pre- and post-development drainage maps and a sealed hydrology report where thresholds are met |
| Monitoring | Sampling locations, outfalls and the turbidity (NTU) limit that applies to the receiving water |
The hydrology and detention design feed directly into the erosion plan, because the permanent pond is often the temporary sediment basin. That is why we design the two together under stormwater design and hydrology rather than handing erosion control to a separate preparer.
How the NPDES plan fits the Cherokee LDP
- Plans, including the ES&PC sheets and hydrology report, are uploaded through the County’s CityView portal. The County does not accept paper plans.
- County reviewers and NRCS comment; the engineer revises and resubmits through the portal.
- After the plan is approved by all reviewers, the primary permittee files the NOI with EPD through GEOS and pays the NPDES fee. Cherokee requires the NOI and fees at least 14 days before LDP approval and will not issue the LDP without them.
- A pre-construction meeting is held with the County inspector. The LDP is issued and land disturbance can begin no sooner than 14 days after the NOI.
The step-by-step county process is in our Cherokee County LDP process guide, and the full list of plan sheets is in the companion post, Cherokee County LDP plan set (companion post).
Fees
The state NPDES fee is $80 per disturbed acre, rounded to the nearest tenth of an acre. Because Cherokee County is a certified Local Issuing Authority, the fee is split: $40 per acre to EPD with the NOI and $40 per acre to the County. County plan review and LDP fees are separate. County-by-county figures are in land disturbance permit costs by county.
What happens after approval
NPDES compliance does not end with the permit. The permittee must inspect BMPs on the schedule in the permit and after rain events, sample outfalls for turbidity when discharges occur, keep inspection and sampling records on site, amend the plan when field conditions change, and file a Notice of Termination only after final stabilization. Most Cherokee enforcement actions are for missing records and unmaintained silt fence, not for the design. Our stormwater permitting and compliance service covers monitoring, amendments and close-out.
Frequently asked questions
In Georgia, yes. The NPDES construction permits require an Erosion, Sedimentation and Pollution Control plan prepared by a GSWCC Level II certified design professional. An erosion plan that does not meet the state checklist is not an NPDES-compliant plan.
When your project disturbs one acre or more, or is part of a common development of one acre or more. Cherokee also sends any disturbance within 200 feet of state waters to erosion plan review.
At least 14 days before land disturbance begins. Cherokee requires the NOI and NPDES fees before it will approve the Land Disturbance Permit.
$80 per disturbed acre, split $40 to Georgia EPD and $40 to Cherokee County as the Local Issuing Authority.
A design professional holding a current GSWCC Level II certification. The certification number, signature and seal must appear on every ES&PC sheet.
If the subdivision is still under GAR100003 coverage, the lot builder files as a tertiary permittee with its own NOI and follows the approved common-development plan.
Permitting in Canton, Woodstock, Holly Springs or Ball Ground? Our civil engineer in Canton, GA and Woodstock civil engineering teams prepare Level II ES&PC plans, hydrology reports and NOIs as one package. Contact Mack Engineering or call (770) 715-7295.
Related reading
- Georgia NPDES construction stormwater permits: 2023 reissuance
- Cherokee County land disturbance permit: 2026 process guide
- Cherokee County GA LDP plans: what you need
- Stormwater permitting and compliance
- Stormwater design and hydrology studies
- Civil engineering in Canton, GA
- Civil engineering in Woodstock, GA
- Land disturbance permit costs in Metro Atlanta by county
Sources
- Georgia EPD, Final 2023 GAR100001 General Permit (NOI 14 days; Part IV plan requirements)
- Georgia EPD, NPDES Construction Stormwater General Permits page (GEOS electronic submittal; 50-acre limit)
- Georgia EPD, NPDES construction permit fee fact sheet ($40 EPD + $40 Local Issuing Authority)
- GSWCC, 2026 ES&PC Plan Review Checklists (effective January 1, 2026)
- Cherokee County, Development and Land Disturbance Permit page
- Cherokee County, Plan Approval Customer Package (NOI and NPDES fees 14 days prior to LDP approval)
- Cherokee County, Development Inspection Plan Review Checklist (17-acre clearing limit note; 7-day grassing note)
- Cherokee County, Phase II MS4 Stormwater Management Program (NRCS review of ES&PC plans)
- Cherokee County, Tree Preservation and Replacement Plan Checklist (25-ft state, 50-ft county buffers)
This article is general information, not a site-specific engineering opinion. Code requirements and local ordinances change; confirm current requirements with the authority having jurisdiction for your property.