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

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

3. 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…”

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

5. 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

6. 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

7. SPCA of 1973 Buffer Zones Stabilized Slopes Groundcover
Plan Requirements

8. 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.

10. 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

12. 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

14. 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.

16. 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.

17. 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

18. NC LQS REGIONAL OFFICES

19. Local Programs
Delegation to administer SPCA from the Sedimentation Control Commission
Municipal or County Governments
Forty-six programs
May be more stringent than SPCA

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. Sedimentation Inspections

27. 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

28. 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.

29. 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…..

30. 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).

31. 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,…

32. 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.

33. 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.

34. 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.

35. 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.

36. Provisions of the SPCA
Additional provisions for special water classifications
Trout Waters
High Quality Waters
Nutrient Sensitive Waters with riparian buffer zones

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

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

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

40. Sedimentation Inspection Report
Pictures
Prints
Slides
Digital
Video

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

42. 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

43. 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, A NCAC 4B.0113
k. Other_________________________
Failure to minimize disturbance in lake or natural watercourse
Failure to provide 70% trapping in HQW
Etc.

44. Sedimentation Inspection Report
Potential NPDES Permit Violation?
Yes No
Describe

45. Sedimentation Inspection Report
Has sedimentation damage occurred since
last inspection?
Yes
If yes, where? (check all that apply) No

46. 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

47. Sedimentation Inspection Report
Degree of damage
slight
moderate
severe

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

49. 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

50. 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

51. Sedimentation Inspection Report
Inspectors signature
Others present
Date of Inspection

52. 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

53. 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

54. 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

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

56.
1-866-STOPMUD
Hotline

57. T. Gray Hauser, Jr., P.E. State Sedimentation Specialist
NC DENR Division of Land Resources
1612 Mail Service Center
Raleigh, NC 2769