Presentation on theme: "Sedimentation and Erosion Control"— Presentation transcript:
1Sedimentation and Erosion Control NC DENRDivision of Land ResourcesLand Quality Section
2It destroys wildlife habitat It destroys wildlife habitat. It carries harmful chemicals and pollutants to waterways.
3PreambleGS §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…”
4Preamble“Permit development with least detrimental effects from pollution by sedimentation”What is a LandDisturbing Activity?SPCA Purpose is to
5LAND-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
6Who is Exempt? Mining Forestry Emergency Agricultural Land disturbing activities for the production of plants and animals beneficial to manForestry sites following approved BMPs (Best Management Practices)Mining is regulated under the The Mining ActDuring emergencies for activities essential to protect human life
7SPCA of 1973 Buffer Zones Stabilized Slopes Groundcover Plan Requirements
8BUFFER ZONEIs of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land disturbing activityCan be mechanical or vegetated25’ 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.
10EXPOSED SLOPESSlopes 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 1½:1Fill slopes should be no steeper than 2:1Should be stabilized within 15 working days/30 calendar days whichever is shorterstabilize within 15 working days or 30 calendar days of completion of any phase of gradingcan be structurally or vegetatively stabilizedkey word: STABLE, not eroding or slumping
14GROUND COVER REQUIREMENTS 15 Working Days/ 90 Calendar Dayson typical areas15 Working Days/ 30 Calendar Dayson exposed slopes15 Working Days/ 60 Calendar Daysin sensitive watershedsMeasures 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 permanentWorking days don’t include Sat. & Sun.
19Local ProgramsDelegation to administer SPCA from the Sedimentation Control CommissionMunicipal or County GovernmentsForty-six programsMay be more stringent than SPCA
20Plan Review Process Plan received in regional office Three copies of planSupporting design calculationsFinancial Responsibility/Ownership FormPlan Review FeeReview time starts if fee and riparian buffer information enclosed30 days for new plan15 days for revised plan
21Plan Review Process Preliminary Review Letter of Receipt Usually done by inspector/technicianChecklist prepared for additional information and revisionsDesign calculations not reviewedCursory in natureLetter of ReceiptChecklist enclosed
22Plan Review Process Final Plan Review Conducted by Regional Engineer or Assistant Regional EngineerRevisions requested in Letter of Receipt should be submitted before deadlineMust be conducted within statutory review period or plan is automatically approved
23Plan Review Process Plan Action Approved Approved with Modifications Modifications not requiring design workApproved with Performance ReservationsRevisions will be required if proposed methods prove inadequateUsually involves new products or techniquesDisapprovedReasons for Disapproval enclosedSigned by Regional Engineer
24Plan Review Process Disapproved Plan Prepare a revised plan, addressing the reasons for disapprovalResubmit PlanNo review fee required for review of revised plan15 day review period
25Plan Review Process Approved Plan Make sure contractor has approved version of planInform Regional Office or Local Program when land disturbance will startSchedule Preconstruction ConferencePost Certificate of Approval on siteKeep copy of approved plan on site
27Statues and RulesSedimentation 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
28Provisions 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.
29Provisions of the SPCAMandatory Standards for Land-disturbing ActivityBuffer 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…..
30Provisions of the SPCAMandatory Standards for Land-disturbing ActivityGraded 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).
31Provisions of the SPCAMandatory Standards for Land-disturbing ActivityGround 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,…
32Provisions of the SPCAMandatory 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.
33Provisions of the SPCAMandatory Standards for Land-disturbing ActivityPrior 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.
34Provisions 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.
35Provisions 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.
36Provisions of the SPCAAdditional provisions for special water classificationsTrout WatersHigh Quality WatersNutrient Sensitive Waters with riparian buffer zones
37Applying the SPCA to Field Observations The Inspection ReportApplying the SPCA to Field Observations
38Sedimentation Inspection Report Documents site conditionsDocuments compliance with the SPCASpecifies corrective actionsCommunicates to the developerDocuments the inspector’s activities
39Sedimentation Inspection Report General InformationMailing AddressProject NumberPerson Financially ResponsibleProject LocationWeather and Soil ConditionsSpecial Water Classification
41Sedimentation Inspection Report Is the site in compliance with the SPCA?YesNoIs site currently under notice of violation?
42Sedimentation 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) or15A 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
43Sedimentation 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, A NCAC 4B.0113k. Other_________________________Failure to minimize disturbance in lake or natural watercourseFailure to provide 70% trapping in HQWEtc.
45Sedimentation Inspection Report Has sedimentation damage occurred sincelast inspection?YesIf yes, where? (check all that apply)No
46Sedimentation Inspection Report If yes, where? (check all that apply)Lake/natural watercourse on the tractLake/natural watercourse off the tractOther propertyDescription
47Sedimentation Inspection Report Degree of damageslightmoderatesevere
48Sedimentation Inspection Report Contact made withNameTitleInspection Report given or sent to Financially Responsible PartyGivenSentDate
49Sedimentation Inspection Report Corrective ActionsNarrative or numbered bulletsShould be specific enough for reader tounderstand what must be done and whereShould be inclusive enough to cover all theproblems at the site
50Sedimentation Inspection Report CommentsIdentify corrective actions already takenIdentify areas that should be provided with ground coverRecommendations or suggestions that are not required as corrective actions
51Sedimentation Inspection Report Inspectors signatureOthers presentDate of Inspection
52Notice of Violation Based on Inspection Report Lists violations observed at siteLists corrective actions that must be takenGives a deadline for completing corrective actionsLists penalties for initial and continuing violations
53Notice of Continuing Violation Based on Compliance Inspection ReportCompliance Inspection conducted after deadline in NOVCorrective actions not completedOne or more of violations in NOV is continuing at the siteInforms recipient that enforcement action is being recommended
54ENFORCEMENTAn Initial Civil Penalty of Up to $5,000 may be Assessed~ Plus ~Civil Penalties Up to a Maximum of$5,000 Per Day
55ENFORCEMENT Stop Work Orders Injunctive Relief Restoration/Civil ReliefCriminal Penalty as Class 2 Misdemeanor