Sedimentation and Erosion Control

choppedspleenMécanique

21 févr. 2014 (il y a 3 années et 3 mois)

69 vue(s)

Sedimentation and Erosion Control

NC DENR

Division of Land Resources

Land Quality Section

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
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 1
½:1


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

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

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.

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

NC LQS REGIONAL
OFFICES

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

Sedimentation Inspections

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



Potential NPDES Permit Violation?


Yes


No


Describe

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 Orders



Injunctive Relief



Restoration/Civil
Relief



Criminal Penalty
as Class 2
Misdemeanor



www.dlr.enr.state.nc.us

1
-
866
-
STOPMUD

Hotline

T. Gray Hauser, Jr., P.E.

State Sedimentation Specialist

NC DENR Division of Land Resources

1612 Mail Service Center

Raleigh, NC 2769


gray.hauser@ncmail.net