sedimentation and erosion control nc denr division of land resources land quality section

Sedimentation and Erosion ControlSedimentation and Erosion Control

NC DENRNC DENR

Division of Land ResourcesDivision of Land Resources

Land Quality SectionLand Quality Section

GS §113A-51 GS §113A-51

““The sedimentation of streams, The sedimentation of streams, lakes and other waters of this State lakes and other waters of this State

constitutes a major pollution problem.”constitutes a major pollution problem.”

““Control of erosion and sedimentation is Control of erosion and sedimentation is vital to the public interest and necessary vital to the public interest and necessary

to the public health and welfare…”to the public health and welfare…”

PreamblePreamble

““Permit development with least Permit development with least detrimental effects from detrimental effects from

pollution by sedimentation”pollution by sedimentation”

What is a Land What is a Land Disturbing Activity?Disturbing Activity?

PreamblePreamble

LAND-DISTURBING ACTIVITY

§113a-52(6)§113a-52(6)

means any use of the land by any person in means any use of the land by any person in residential, industrial, educational, institutional residential, industrial, educational, institutional or commercial development, highway and or commercial development, highway and road construction and maintenance that road construction and maintenance that results in a change in the natural cover or results in a change in the natural cover or topography and that may cause or contribute topography and that may cause or contribute to sedimentation.”to sedimentation.”

Who is Exempt?

Forestry

Mining

AgriculturalEmergency

SPCA of 1973SPCA of 1973

1.1. Buffer ZonesBuffer Zones

2.2. Stabilized Stabilized SlopesSlopes

3.3. GroundcoverGroundcover

4.4. Plan Plan RequirementsRequirements

BUFFER ZONEBUFFER ZONE

• Is of sufficient Is of sufficient width to confine width to confine visible siltation visible siltation within the within the twenty-five twenty-five percent (25%) of percent (25%) of the buffer zone the buffer zone nearest the land nearest the land disturbing disturbing activityactivity

EXPOSED SLOPESEXPOSED SLOPES

Slopes must be at an angle no greater Slopes must be at an angle no greater than the angle which can be retained by than the angle which can be retained by a vegetative cover or other adequate a vegetative cover or other adequate erosion-control devices or structures.erosion-control devices or structures.

– Cut slopes should be no steeper than 1Cut slopes should be no steeper than 1½:1½:1– Fill slopes should be no steeper than 2:1Fill slopes should be no steeper than 2:1– Should be stabilized within 15 working days/30 Should be stabilized within 15 working days/30

calendar days whichever is shortercalendar days whichever is shorter

GROUND COVER STANDARDGROUND COVER STANDARD

Land disturbing activities shall install Land disturbing activities shall install erosion and sedimentation control erosion and sedimentation control devices and practices sufficient to devices and practices sufficient to retain sediment on site and provide retain sediment on site and provide permanent ground coverpermanent ground cover

GROUND COVER REQUIREMENTSGROUND COVER REQUIREMENTS

• 15 Working Days/ 90 Calendar Days15 Working Days/ 90 Calendar Days

on on typical areastypical areas


on on exposed slopesexposed slopes


in in sensitive watershedssensitive watersheds

E&SC PLAN REQUIREMENTE&SC PLAN REQUIREMENT

Land disturbing Land disturbing activities of more activities of more than one acre than one acre must have an must have an erosion and erosion and sedimentation sedimentation control plan control plan approved by the approved by the Land Quality Land Quality Section.Section.

APPLICATION PROCESSAPPLICATION PROCESS

• Financial Responsibility/Ownership FormFinancial Responsibility/Ownership Form• E&SC PlanE&SC Plan• $50/acre Fee$50/acre Fee

* Submit 30 days Submit 30 days prior to initiating prior to initiating activity; a activity; a Certificate of Plan Certificate of Plan Approval from the Approval from the State is requiredState is required

NC LQS REGIONAL NC LQS REGIONAL OFFICESOFFICES

Local Programs

• Delegation to administer SPCA from the Sedimentation Control Commission

• Municipal or County Governments

• Forty-six programs

• May be more stringent than SPCA

Plan Review Process

• Plan received in regional office– Three copies of plan– Supporting design calculations– Financial Responsibility/Ownership Form– Plan Review Fee

• Review time starts if fee and riparian buffer information enclosed– 30 days for new plan– 15 days for revised plan

Plan Review Process

• Preliminary Review– Usually done by inspector/technician– Checklist prepared for additional information

and revisions – Design calculations not reviewed– Cursory in nature

• Letter of Receipt– Checklist enclosed

Plan Review Process

• Final Plan Review

– Conducted by Regional Engineer or Assistant Regional Engineer

– Revisions requested in Letter of Receipt should be submitted before deadline

– Must be conducted within statutory review period or plan is automatically approved

Plan Review Process

• Plan Action– Approved– Approved with Modifications

• Modifications not requiring design work

– Approved with Performance Reservations• Revisions will be required if proposed methods

prove inadequate• Usually involves new products or techniques

– Disapproved• Reasons for Disapproval enclosed• Signed by Regional Engineer

Plan Review Process

• Disapproved Plan – Prepare a revised plan, addressing the

reasons for disapproval– Resubmit Plan– No review fee required for review of

revised plan– 15 day review period

Plan Review Process

• Approved Plan – Make sure contractor has approved

version of plan– Inform Regional Office or Local

Program when land disturbance will start

– Schedule Preconstruction Conference– Post Certificate of Approval on site– Keep copy of approved plan on site

Sedimentation Inspections

Statues and Rules

• Sedimentation Pollution Control Act of 1973 as amended through 2003 (North Carolina General Statutes 113A-50 et. Seq.) enacted by the General Assembly.

• North Carolina Administrative Code Title 15A Chapter 4 Subchapter B adopted by the Sedimentation Control Commission

Provisions of the SPCA General Requirements

a.Plan Required - No person shall initiate any land-disturbing activity which uncovers more than one acre without having an erosion control plan approved by the SCC or local program.

b.Protection of Property – Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

Provisions of the SPCA

Mandatory Standards for Land-disturbing Activity

Buffer Zone No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity…..

•Provisions of the SPCA

Mandatory Standards for Land-disturbing Activity Graded Slopes and Fills - The angle for graded slopes

and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures and which can be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints. In any event, slopes left exposed will, within 15 working days or 30 calendar days of completion of any phase of grading, whichever period is shorter, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion pursuant to GS §113-A-57(2).


Mandatory Standards for Land-disturbing Activity Ground Cover - Whenever land-disturbing activity is

undertaken on a tract comprising more than one acre, if more than one acre is uncovered, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract,…


Mandatory Standards for Land-disturbing Activity….and shall plant or otherwise provide a permanent

ground cover sufficient to restrain erosion after completion of construction or development. Provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 working days or 90 calendar days (60 calendar days in High Quality Waters) following completion of construction or development whichever period is shorter.


Mandatory Standards for Land-disturbing Activity

Prior Plan Approval - No person shall initiate any land-disturbing activity on a tract if more than one acre is to be uncovered unless, thirty or more days prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the SCC or local program.


Responsibility for MaintenanceDuring the development of a site, the person

conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of the Act, or any order adopted pursuant to the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency.


Operations in Lakes or Natural WatercoursesLand-disturbing activity in connection with

construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided.


Additional provisions for special water classificationsTrout WatersHigh Quality WatersNutrient Sensitive Waters with

riparian buffer zones

The Inspection Report

Applying the SPCA to Field Observations

Sedimentation Inspection Report

Documents site conditionsDocuments compliance with the

SPCASpecifies corrective actions Communicates to the developerDocuments the inspector’s activities


General InformationMailing AddressProject NumberPerson Financially ResponsibleProject LocationWeather and Soil ConditionsSpecial Water Classification


PicturesPrintsSlidesDigitalVideo


Is the site in compliance with the SPCA?YesNo

Is site currently under notice of violation? Yes No


Violationsa. No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0107(c) b. Failure to follow approved plan, G.S. 113A-64c. Failure to submit revised plan, G.S. 113A-54.1(b) and 15A NCAC 4B.0188(a) d. Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e) e. Insufficient measures to retain sediment on site,

G.S. 113A-57(3) f. Failure to take all reasonable measures, 15A NCAC 4B.0105


Violationsg. Inadequate buffer zone, G.S. 113A-57(1). h. Graded slopes and fills too steep, G.S. 113A-57(2)

or 15A NCAC 4B.0124(d) i. Unprotected exposed slopes, G.S. 113A-57(2) j. Failure to maintain erosion control measures, 15A

NCAC 4B.0113k. Other_________________________

Failure to minimize disturbance in lake or natural watercourse

Failure to provide 70% trapping in HQWEtc.


Potential NPDES Permit Violation? YesNoDescribe


Has sedimentation damage occurred since

last inspection? Yes If yes, where? (check all that apply) No


If yes, where? (check all that apply) Lake/natural watercourse on the tractLake/natural watercourse off the tractOther property Description


Degree of damageslightmoderate severe


Contact made withNameTitle

Inspection Report given or sent to Financially Responsible PartyGiven SentDate


Corrective ActionsNarrative or numbered bulletsShould be specific enough for reader to

understand what must be done and whereShould be inclusive enough to cover all the

problems at the site


CommentsIdentify corrective actions already takenIdentify areas that should be provided with

ground coverRecommendations or suggestions that are not

required as corrective actions


ReportInspectors signatureOthers present

Date of Inspection

Notice of Violation

• Based on Inspection Report• Lists violations observed at site• Lists corrective actions that must be

taken• Gives a deadline for completing

corrective actions• Lists penalties for initial and

continuing violations

Notice of Continuing Violation

• Based on Compliance Inspection Report– Compliance Inspection conducted after

deadline in NOV– Corrective actions not completed– One or more of violations in NOV is continuing

at the site

• Informs recipient that enforcement action is being recommended

ENFORCEMENT

• An Initial Civil Penalty of Up to $5,000 may be Assessed

• Civil Penalties Up to a Maximum of $5,000 Per Day

~ Plus ~

ENFORCEMENTENFORCEMENT

• Stop Work Orders Stop Work Orders

• Injunctive Relief Injunctive Relief

• Restoration/Civil Restoration/Civil ReliefRelief

• Criminal Penalty Criminal Penalty as Class 2 as Class 2 MisdemeanorMisdemeanor

www.dlr.enr.state.nc.uswww.dlr.enr.state.nc.us

1-866-1-866-STOPMUDSTOPMUD

HotlineHotline

T. Gray Hauser, Jr., P.E.

State Sedimentation Specialist

NC DENR Division of Land Resources

1612 Mail Service Center

Raleigh, NC 2769

[email protected]

sedimentation and erosion control nc denr division of land resources land quality section

Documents

land disturbing activity

shorter slide

landdisturbing activity

sedimentation control

permanent ground cover

control of erosion

welfare preamble slide

sedimentation control