sedimentation and erosion control nc denr division of land resources land quality section
Post on 16-Dec-2015
228 Views
Preview:
TRANSCRIPT
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
• 15 Working Days/ 30 Calendar Days15 Working Days/ 30 Calendar Days
on on exposed slopesexposed slopes
• 15 Working Days/ 60 Calendar Days15 Working Days/ 60 Calendar Days
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).
Provisions of the SPCA
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,…
Provisions of the SPCA
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.
Provisions of the SPCA
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.
Provisions of the SPCA
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.
Provisions of the SPCA
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.
Provisions of the SPCA
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
Sedimentation Inspection Report
General InformationMailing AddressProject NumberPerson Financially ResponsibleProject LocationWeather and Soil ConditionsSpecial Water Classification
Sedimentation Inspection Report
PicturesPrintsSlidesDigitalVideo
Sedimentation Inspection Report
Is the site in compliance with the SPCA?YesNo
Is site currently under notice of violation? Yes No
Sedimentation Inspection Report
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
Sedimentation Inspection Report
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.
Sedimentation Inspection Report
Potential NPDES Permit Violation? YesNoDescribe
Sedimentation Inspection Report
Has sedimentation damage occurred since
last inspection? Yes If yes, where? (check all that apply) No
Sedimentation Inspection Report
If yes, where? (check all that apply) Lake/natural watercourse on the tractLake/natural watercourse off the tractOther property Description
Sedimentation Inspection Report
Degree of damageslightmoderate severe
Sedimentation Inspection Report
Contact made withNameTitle
Inspection Report given or sent to Financially Responsible PartyGiven SentDate
Sedimentation Inspection Report
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
Sedimentation Inspection Report
CommentsIdentify corrective actions already takenIdentify areas that should be provided with
ground coverRecommendations or suggestions that are not
required as corrective actions
Sedimentation Inspection Report
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
gray.hauser@ncmail.net
top related