(a) Except as provided in subsection (c) of this section and for a construction site with a total proposed disturbed area of 5 acres or more, the Department may not authorize the discharge of stormwater associated with construction activity under a general discharge permit until the requirements under subsection (b) of this section are satisfied if any portion of the area of disturbance is located in:

(1) A watershed or catchment that drains to a receiving water designated as high quality under Department regulations;

(2) The Critical Area Buffer; or

(3) An area identified by the Federal Emergency Management Agency as having a 1% chance of annual flooding.

(b) (1) Subject to paragraph (2) of this subsection, if the Department receives a written request within the public notification period of the general discharge permit, the Department shall extend the public notice period to 60 days to provide the requestor an opportunity to comment on the potential impact of inadequate construction site controls on waters of the State.

(2) The Department shall promptly:

(i) Acknowledge receipt of the written request;

(ii) Notify the applicant for the general discharge permit of the written request and include details regarding potential inadequacies of proposed construction site controls;

(iii) Request an electronic copy of the approved sediment control plan from the applicant and provide a copy to the requestor; and

(iv) Notify the applicant if any updates to the sediment control plan are required prior to final authorization of the general discharge permit.

(c) This section does not apply to construction activity that:

(1) Does not result in the establishment of any permanent residential, commercial, or industrial building; and

(2) Is solely intended to restore natural resources, reduce water pollution, or improve water quality.