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? Preamble
LAND-DISTURBING ACTIVITY §113a-52(6) 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.”
Who is Exempt? Forestry Mining Agricultural Emergency
SPCA of 1973 1.Buffer Zones 2.Stabilized Slopes 3.Groundcover 4.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 activityIs of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land disturbing activity
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
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 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 Days15 Working Days/ 90 Calendar Days on typical areas on typical areas 15 Working Days/ 30 Calendar Days15 Working Days/ 30 Calendar Days on exposed slopes on exposed slopes 15 Working Days/ 60 Calendar Days15 Working Days/ 60 Calendar Days in sensitive watersheds in sensitive watersheds
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. 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 FormFinancial Responsibility/Ownership Form E&SC PlanE&SC Plan $50/acre Fee$50/acre Fee Submit 30 days prior to initiating activity; a Certificate of Plan Approval from the State is required * Submit 30 days prior to initiating activity; a Certificate of Plan Approval from the State is required
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
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
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? Yes No
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 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 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 Civil Penalties Up to a Maximum of $5,000 Per Day ~ Plus ~
ENFORCEMENT Stop Work OrdersStop Work Orders Injunctive ReliefInjunctive Relief Restoration/Civil ReliefRestoration/Civil Relief Criminal Penalty as Class 2 MisdemeanorCriminal Penalty as Class 2 Misdemeanor