Sedimentation and Erosion Control

NC DENR
Division of Land Resources
Land Quality Section

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

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

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?

Mining

Forestry

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 1:1
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 inspectors 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
Violations

Report

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
Violations

Report

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,
NCAC 4B.0113
k. Other_________________________
Failure to minimize disturbance in lake or natural
watercourse
Failure to provide 70% trapping in HQW
Etc.

15A

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
Comments

Report

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

~ Plus ~
Civil Penalties Up to a Maximum of
$5,000 Per Day

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

www.dlr.enr.state.nc.us
1-866STOPMUD
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