GACDs Annual Meeting January 21 – 23, 2011 The Role of the Soil and Water Conservation District and the District Supervisor in Erosion and Sediment Control GACDs Annual Meeting January 21 – 23, 2011

The Erosion and Sedimentation Act of 1975 Commonly referred to as the Act or GESA, gives local SWCDs the following powers: Approve or deny erosion, sedimentation and pollution control (ES&PC) plans (O.C.G.A 12-7-10) Enter into a Memorandum of Agreement with the LIAs, allowing LIAs to conduct their own ES&PC plan reviews (O.C.G.A. 12-7-7(e)) Semi-annually review the actions of LIAs (O.C.G.A. 12-7-8 (3)(b)) Provide technical assistance to LIA for the purpose of improving the effectiveness of the LIA’s Erosion and Sediment Control Program (O.C.G.A. 12-7-8 (3)(b) (a))

Approve or Deny ES&PC Plans (O.C.G.A 12-7-10) An LIA upon receipt of a land disturbing application and ES&PC plan, will forward the plan to the appropriate SWCD for review. The plan is given a technical review by either a GSWCC employee or an NRCS representative. Once the technical review is complete, the plan reviewer will make recommendation to the SWCD to either approve or deny a plan.

The ES&PC Technical Review The technical review is conducted using 1 of the 3 approved checklists. Stand Alone Infrastructure Common Development The checklists were created by EPD and GSWCC. Incorporate the minimum requirements of both GESA and the NPDES Permits. The checklists are updated and reissued every year by GSWCC.

ES&PC Plan Ratification Forms An ES&PC plan, is not officially approved or denied until it has been ratified by the local SWCD The ratification forms will be signed by the District Chair or designated District Supervisor(s)

Ratified ES&PC Plans If the plan is approved, the plans are stamped approved and signed by the plan reviewer. Both the stamped plan and signed ratification form are sent back to the LIA and a land disturbing permit may be issued. If the plan is denied, the plan is sent back to the design professional along with the ratification form with the list of deficiencies.

ES&PC Plan Ratification Forms

NPDES Requirements and the ES&PC Plan On August 1, 2008, new NPDES Permits were issued. Major changes: May not disturb over 50 acres at one time without written approval from EPD If working within 1 mile upstream of and within the same Watershed as any portion of an impaired stream, the ES&PC plan would need to include 4 additional BMPs Permitted to use alternative BMPs A tertiary permittee is required to have an ES&PC plan developed for each NOI that is submitted

Tertiary Permittee Q: Who is a tertiary permitee? A: An Owner or Operator of a remaining lot(s) within a Common Development where the Primary Permittee and all Secondary Permittees have submitted a NOT in accordance with the Permit This would exclude utility companies and contractors working under a Blanket NOI

Common Development Q: What is a Common Development? A: A contiguous area where multiple, separate and distinct construction activities will be taking place at different times on different schedules under one plan of development. Example - Subdivisions

ES&PC Plans for the Tertiary Permittee Tertiary Permittees are required to submit a Notice of Intent (NOI), secure a land disturbance permit and submit a complete ES&PC Plan. Those ES&PC Plans must be submitted to the local SWCD for review and approval before a land disturbance permit may be issued.

Tertiary Permittee Guidance

Common Issues with ES&PC Plans The same design professional keeps submitting poor plans. Plan reviewers required to conduct multiple reviews of the same plan. The permittee feels plan is being “delayed” unnecessarily. Plan reviewer is not properly reviewing plan. What can be done?

Memorandum of Agreement An MOA is an agreement between the local SWCD and an LIA, with concurrence from GSWCC, to allow the LIA to conduct its own technical review and approval of ES&PC plans. For an LIA to be considered for an MOA: Be a certified LIA (certified by EPD) Must demonstrate capabilities to conduct ES&PC plan reviews. Make a formal request to the local SWCD for an MOA. If supported by SWCD, request should be sent to GSWCC for further review.

Memorandum of Agreement GSWCC’s Recommended Review Process and Procedures Overviews The LIA should have 2 consecutive overviews with a passing score. The last overview should have occurred within the last year. The overview report should rate the effectiveness of the LIA’s program based on program administration/record keeping, qualifications and training of ES&PC staff, complaint resolution, inspection frequency, level of enforcement and site conditions. The overview reports should not raise any red flags. (i.e. relying solely on engineers designing the plan to make state waters determinations)

Memorandum of Agreement GSWCC’s Recommended Review Process and Procedures Six Month Probation Period During this probation period the LIA will conduct plan reviews based on approved checklists, once their review is complete, send the ES&PC to the District for review along with the LIA’s recommendation to approve/deny the plan. After the 6 month probation period, the District may decide to proceed with the MOA or extend the probation period.

Memorandum of Agreement GSWCC’s Recommended Review Process and Procedures GSWCC Urban Program will use the technical review sheets to determine whether or not the LIA is capable of conducting quality plan reviews. Technical staff will make a recommendation to the GSWCC Board to grant concurrence for the MOA. Once the MOA has been approved, all parties (the District, LIA and GSWCC Board) shall sign the MOA. A copy of the signed MOA will be sent to the District, LIA and GSWCC Board.

Reviews of LIAs The E&S Act gives authority to the Districts and GSWCC to conduct overviews of LIAs. Overviews are conducted through the Semi- annual report and by the traditional overview which consists of a 1 – 2 day meeting with an LIA.

Semi- Annual Reports To be completed and submitted for two reporting periods June 1 – Dec 31 and July 1- June 30 Reports are submitted to District and Commission offices

Overviews SWCD will send correspondence to LIA when scheduling an overview Before the overview, the LIA must complete the questionnaire and all required documentation. (ie inspection logs, permit files) District Assessment Team (DAT) will conduct program overview including office visit and site visits The DAT may consist of GSWCC, District and NRCS representatives

Overviews At the Overview, the DAT will meet at the LIA’s office and review their ordinance to ensure that it is up to date, application, permitting, record keeping processes. After the office portion, sites will be selected at random and the site visits will begin to ensure the inspectors are keeping sites in compliance.

Overviews To ensure consistent overviews across the State, GSWCC has adopted a new overview scoring sheet. The score sheet consists of the following categories: Program Administration and Record Keeping Qualifications and Training Complaint Resolution Inspection Frequency and Level of Enforcement Reporting Site Conditions Quality of Plan Reviews (if LIA has an MOA)

Overviews

Overview Reports After the overview has been completed, the LIA will receive a written report with the findings. An overall score will be awarded based on the overview score sheet. LIA without MOA – total possible points 500. LIA with MOA – total possible points 600

Below Average (Need plan for improvement) Overviews The ratings have changed from Consistent, Provisionally Consistent and Inconsistent. The new ratings are: Exceptional Acceptable Below Average (Need plan for improvement) Failed Notify EPD Complete Failure

Providing Technical Assistance Conduct site inspections Invite LIA to attend District meetings Offer certification/re-certification training Offer additional training opportunities

The Education and Certification Program Districts can offer certification and re-certification courses. Regional Representatives or other GSWCC staff will be able to provide the course instruction. District Supervisors are encouraged, but not required to become certified. A complete list of course dates are available on the GSWCC website at www.gaswcc.georgia.gov

Urban Program Updates

Education and Certification Program Urban Program Updates Education and Certification Program Effective July 1, 2010 the GSWCC will: No longer mail expiration warnings to individuals whose certifications are set to expire within 60 days. However, electronic notifications will be sent to those individuals that have a valid email address registered with GSWCC. If you would like to receive electronic notifications please call 706-552-4474 or email certification@gaswcc.org.

Education and Certification Program Urban Program Updates Education and Certification Program Effective July 1, 2010 the GSWCC will: No longer issue new certification cards to those individuals that have met the re-certification requirements. Instead, individuals will receive a re-certification sticker that will extend their certification for another three years. The re-certification sticker will have the individual’s name, certification number and the new expiration date. The sticker should be placed on the backside of the current certification card.

Urban Program Update GSWCC has created an LIA database which allows GSWCC to electronically keep: All LIA contact information Overview reports Ordinances MOAs Semi annual an quarterly reports

Urban Program Updates In addition to the LIA database, GSWCC has also developed Regional database that tracks: Monthly ES&PC plan reviews Complaints Community Outreach LIA Assistance Reports can be generated to provide information by region, SWCD and LIA

Urban Program Updates 3 year, 319 Grant Goals: Setting BMP Methods and Standards for Inclusion into The Manual for Erosion and Sediment Control in Georgia. 3 year, 319 Grant Goals: Establish a process and procedures for accepting new practices into the Manual. Revise outdated information Incorporate information from other related manuals (Stormwater/DOT)

Urban Program Updates Setting BMP Methods and Standards for Inclusion into The Manual for Erosion and Sediment Control in Georgia. Progress to date: GSWCC Board has appointed the Technical Advisory Committee. 7 member board with 4 advisors (representatives from EPD, NRCS and DOT) Met in October 2010, rescheduling January meeting for February Currently updating information

Questions? Lauren Zdunczyk Urban Program Manager lzdunczyk@gaswcc.org 706-552-4474