Sedimentation and Erosion Control

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Sedimentation and Erosion Control

• NC DENR
• Division of Land Resources
• Land Quality Section

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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
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Permit development with least detrimental
effects from pollution by sedimentation
Preamble
What is a Land Disturbing Activity?
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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.

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Who is Exempt?
Mining
Forestry
Emergency
Agricultural
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SPCA of 1973

1. Buffer Zones
2. Stabilized Slopes
3. Groundcover
4. Plan Requirements

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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

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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 1½1
• Fill slopes should be no steeper than 21
• Should be stabilized within 15 working days/30
  calendar days whichever is shorter

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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

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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

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ESC PLAN REQUIREMENT

• Land disturbing activities of more than one
  acre must have an erosion and sedimentation
  control plan approved by the Land Quality Section.

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APPLICATION PROCESS

• Financial Responsibility/Ownership Form
• ESC Plan
• 50/acre Fee

Submit 30 days prior to initiating activity a
Certificate of Plan Approval from the State is
required
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NC LQS REGIONAL OFFICES
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Local Programs

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

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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

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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

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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

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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

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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

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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

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Sedimentation Inspections
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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

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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.

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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..

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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).

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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,

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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.

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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.

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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.

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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.

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Provisions of the SPCA

• Additional provisions for special water
  classifications
• Trout Waters
• High Quality Waters
• Nutrient Sensitive Waters with riparian
  buffer zones

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The Inspection Report

• Applying the SPCA to Field Observations

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Sedimentation Inspection Report

• Documents site conditions
• Documents compliance with the SPCA
• Specifies corrective actions
• Communicates to the developer
• Documents the inspectors activities

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Sedimentation Inspection Report

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

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Sedimentation Inspection Report

• Pictures
• Prints
• Slides
• Digital
• Video

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Sedimentation Inspection Report

• Is the site in compliance with the SPCA?
• Yes
• No
• Is site currently under notice of violation?
• Yes
• No

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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

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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.

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Sedimentation Inspection Report

• Potential NPDES Permit Violation?
• Yes
• No
• Describe

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Sedimentation Inspection Report

• Has sedimentation damage occurred since
• last inspection?
• Yes
• If yes, where? (check all that apply)
• No

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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

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Sedimentation Inspection Report

• Degree of damage
• slight
• moderate
• severe

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Sedimentation Inspection Report

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

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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

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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

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Sedimentation Inspection Report

• Report
• Inspectors signature
• Others present
• Date of Inspection

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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

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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

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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

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ENFORCEMENT

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

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www.dlr.enr.state.nc.us
1-866-STOPMUD Hotline
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T. Gray Hauser, Jr., P.E.

• State Sedimentation Specialist
• NC DENR Division of Land Resources
• 1612 Mail Service Center
• Raleigh, NC 2769
• gray.hauser_at_ncmail.net