Sedimentation and Erosion Control NC DENR Division of Land Resources Land Quality Section

It destroys wildlife habitat It destroys wildlife habitat. It carries harmful chemicals and pollutants to waterways.

Preamble GS §113A-51 “The sedimentation of streams, lakes and other waters of this State constitutes a major pollution problem.” “Control of erosion and sedimentation is vital to the public interest and necessary to the public health and welfare…”

Preamble “Permit development with least detrimental effects from pollution by sedimentation” What is a Land Disturbing Activity? SPCA Purpose is to

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

Who is Exempt? Mining Forestry Emergency Agricultural Land disturbing activities for the production of plants and animals beneficial to man Forestry sites following approved BMPs (Best Management Practices) Mining is regulated under the The Mining Act During emergencies for activities essential to protect human life

SPCA of 1973 Buffer Zones Stabilized Slopes Groundcover Plan Requirements

BUFFER ZONE Is of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land disturbing activity Can be mechanical or vegetated 25’ minimum width along trout waters - XXNot in law. Keep or throw out Anymore trout rules - Note: DWQ has requirements for buffers in the Neuse and Tar Pamlico River Basins.

EXPOSED SLOPES Slopes must be at an angle no greater than the angle which can be retained by a vegetative cover or other adequate erosion-control devices or structures. Cut slopes should be no steeper than 1½:1 Fill slopes should be no steeper than 2:1 Should be stabilized within 15 working days/30 calendar days whichever is shorter stabilize within 15 working days or 30 calendar days of completion of any phase of grading can be structurally or vegetatively stabilized key word: STABLE, not eroding or slumping

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

GROUND COVER REQUIREMENTS 15 Working Days/ 90 Calendar Days on typical areas 15 Working Days/ 30 Calendar Days on exposed slopes 15 Working Days/ 60 Calendar Days in sensitive watersheds Measures must be provided to retain sediment on site and permanent ground cover must be provided within 15 working days or 90 calendar days of completion of any phase of grading. Can be structural or vegetative ground cover, as long as it is permanent Working days don’t include Sat. & Sun.

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

APPLICATION PROCESS Financial Responsibility/Ownership Form E&SC Plan $50/acre Fee * Submit 30 days prior to initiating activity; a Certificate of Plan Approval from the State is required

NC LQS REGIONAL OFFICES

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 Letter of Receipt 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 Maintenance During 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 Watercourses Land-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 classifications Trout Waters High Quality Waters Nutrient Sensitive Waters with riparian buffer zones

Applying the SPCA to Field Observations The Inspection Report Applying the SPCA to Field Observations

Sedimentation Inspection Report Documents site conditions Documents compliance with the SPCA Specifies corrective actions Communicates to the developer Documents the inspector’s activities

Sedimentation Inspection Report General Information Mailing Address Project Number Person Financially Responsible Project Location Weather and Soil Conditions Special Water Classification

Sedimentation Inspection Report Pictures Prints Slides Digital Video

Sedimentation Inspection Report Is the site in compliance with the SPCA? Yes No Is site currently under notice of violation?

Sedimentation Inspection Report Violations a. No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0107(c) b. Failure to follow approved plan, G.S. 113A-64 c. 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 Violations g. 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.0113 k. Other_________________________ Failure to minimize disturbance in lake or natural watercourse Failure to provide 70% trapping in HQW Etc.

Sedimentation Inspection Report Potential NPDES Permit Violation? Yes No Describe

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 tract Lake/natural watercourse off the tract Other property Description

Sedimentation Inspection Report Degree of damage slight moderate severe

Sedimentation Inspection Report Contact made with Name Title Inspection Report given or sent to Financially Responsible Party Given Sent Date

Sedimentation Inspection Report Corrective Actions Narrative or numbered bullets Should be specific enough for reader to understand what must be done and where Should be inclusive enough to cover all the problems at the site

Sedimentation Inspection Report Comments Identify corrective actions already taken Identify areas that should be provided with ground cover Recommendations or suggestions that are not required as corrective actions

Sedimentation Inspection Report Inspectors signature Others 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 ~ Plus ~ Civil Penalties Up to a Maximum of $5,000 Per Day

ENFORCEMENT Stop Work Orders Injunctive Relief Restoration/Civil Relief Criminal Penalty as Class 2 Misdemeanor

www.dlr.enr.state.nc.us 1-866-STOPMUD Hotline

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