Soil Erosion and Sediment Control Ordinance

Date effective:  August 21, 1995

Powers:
Habersham County has been granted issuing authority by EPD for permits that fall under the Georgia Erosion and Sedimentation Act of 1975.

Purpose:
The purpose of this ordinance is to control soil erosion and sedimentation by requiring proper provisions for runoff from rainfall and the protection of the soil surfaces during and after construction of any land disturbing activity in order to promote the safety, public health, convenience and general welfare to the people of Habersham County.

Permit name:
Land-disturbing permit

Exemptions:
Many land disturbing activities are exempted from these regulations.
These activities are as follows:

• Surface mining

• Granite Quarrying

• Home Gardens/Landscaping

• Construction of single-family residences (must still conform to minimum requirements, and follow buffers for trout streams

• Agriculture operations and projects under the supervision of NRCS

• Any project 1.1 acres or less, unless the activity is within 200 feet of a water of the state. In this case sediment must be prevented from moving beyond the boundaries of the property.

• Projects of the Department of Transportation (must still conform to minimum requirements)

• Activities conducted by electric, water, or other utilities (must still conform to minimum requirements)

For those activities requiring minimum requirements, if these requirements are violated, the County can still issue the same penalties issued to permit holders.

Minimum requirements:

• BMPs (Best Management Practices) are required for all land-disturbing activities, as well as their proper design, installation and maintenance.

• BMPs must be designed and maintained “to control soil erosion and sedimentation for all rainfall events up to and including a 25-year, 24-hour rainfall event.”

• BMPs must be designed, installed and maintained consistent with and no less stringent than those practices described in the Manual for Erosion and Sediment Control in GA published by the Georgia Soil and Water Conservation Commission with updated additions printed January 1^st of each calendar year. (IV.C)

• Stripping of Vegetation and Regrading must be conducted in a manner so as to minimize erosion. (IV.C.1)

• Cut-Fill Operations must be kept to a minimum (IV.C.2), may not endanger adjoining property (IV.C.11), may not encroach upon natural watercourses or constructed channels in a manner that adversely affects property owners. (IV.C.12)

• Development Plans must conform to Topography and Soil type in a way that creates the lowest practical erosion potential. (IV.C.3)

• Natural Vegetation shall be retained, protected and supplemented whenever feasible. (IV.C.4)

• The Duration of Exposure of a disturbed area must be kept to a practicable minimum. (IV.C.5)

• Disturbed Soil shall be stabilized as quickly as practicable

• Temporary Vegetation and Mulching shall be employed on critical areas during development. (IV.C.7)

• Permanent Vegetation and structural controls shall be installed as soon as practicable. (IV.C.8)

• Sediment in Run-off must be trapped using debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized, to the extent necessary. An area is stabilized when it achieves a level of continual compliance. (IV.C.9) The plans for the activity must include all necessary measures to retain sediments on site or preclude sedimentation of waters above those limits stated in the code. (IV.C.14)

• Grading Equipment must cross flowing streams by means of bridges or culverts, except when such methods are not feasible, provided such crossings are kept to a minimum. (IV.C.13)

• Buffers from State Waters shall prohibit land disturbance within 25 feet of the wrested vegetated bank of said waters. Variances are allowed only with the approval of the Director of the EPD, Where roadway or drainage structures must be constructed within this buffer a variance by the EPD Director is required. For waters of the state classified as trout streams this buffer is 50 feet. (IV.C.15-16)

Permit Requirements & Conditions:

• Any property owner, developer or operator engaging in land disturbance activities and not listed as exempt must first obtain a land disturbance permit. The property owner is the only party that can obtain the permit. Permits are obtained from the Habersham County Planning and Zoning Office.

• Applicants must include two copies of a sediment control plan which meets all of the minimum requirements listed above as well as the following:

  1. Description of existing land use and proposed project

  2. Contact information for the property owner and 24-hour contact of person responsible for erosion and sediment controls.

  3. Size of Project or phase under construction.

  4. Activity Schedule with starting and completion dates

  5. Description of Stormwater and Sedimentation systems including capacity, hydrologic study, calculations and any off-site drainage areas.

  6. Vegetative Plan including species, planting dates, seeding, fertilizer, lime and mulching rates, and demonstrate options for year-round seeding.

  7. Detailed drawings of all structural practices.

  8. The statement “Erosion and Sedimentation control measures will be maintained at all times. Additional erosion and sedimentation control measures and practices will be installed if deemed necessary by on site inspection.”

  9. Maps and drawings will bear the seal of a registered/certified professional. These maps must contain: scale and magnetic north, vicinity maps showing existing streets, boundary line survey, delineation of proposed disturbed area, existing and planned contours with explanation of intervals, adjacent areas such as streams, etc, proposed and existing structures and paved areas, delineation of the 25 foot stream buffer or trout stream buffer, and the location of BMPs using coding from Manual for Erosion and Sediment Control.

• When permit applicants have had two or more violations on previous permits within the past 3 years, the Issuing Authority may deny the permit application.

• The Director of the Georgia EPD (Environmental Protection Division) may require reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (IV.B.4) 

• The Issuing Authority may require a permit applicant to post a bond not to exceed $3,000 per acre to receive a permit. This bond, or a portion thereof, may be called by the Issuing Authority and forfeited in the event that non-compliance necessitates the hiring of a contractor to stabilize the site to a condition of compliance.

• If the tract is to be developed in phases, a separate permit is required for each phase.

Permit Fees:

$10.00 per acre for the first 10 acres.

$5.00 per acre for each acre thereafter with a maximum fee of $1,000.00. (V.B.3)
 

Determining Non-Compliance:

Non-compliance shall be determined when:

• BMPs have not bee properly designed, maintained and installed. (IV.B.3)

• BMPs have not bee properly designed, maintained and installed, and a discharge of stormwater runoff results in increased turbidity in the receiving water of more than 25 nephelometric units (NTUs) for warm water fisheries. The turbidity may not increase more than 10 NTUs for waters classified as trout waters. (IV.B.2)

A non-compliance violation will be calculated for each day in which the problems above fail to be remedied. Responsibility for the maintenance of all soil erosion and sedimentation control practices will at all times fall to the property owner. (V.C.4)

Inspection, Enforcement, and Penalties:

The Planning and Zoning Office periodically inspects sites for compliance.  When an instance of non-compliance is assessed a “Written Notice to Comply” shall be served to the person engaged in the activity. This notice will describe the measures needed to achieve compliance and the time within which such measures must be completed. If the person served fails to comply within the specified time, they will be deemed in violation of this ordinance. This failure shall subject the individual to penalties and/or forfeiture of their performance bond.

Monetary penalties for failure to comply may be issued, not to exceed $2,500 per day. Jail time, not to exceed 60 days or work alternatives may also be issued. Each day that a failure or refusal to comply continues constitutes a separate violation.

The Issuing Authority may issue “Stop Work Orders” when land disturbance activities are contrary to this ordinance. Such orders shall be given in writing and shall state the conditions by which work may resume. Where an emergency exists, no written notice is required. (VII.B)

Anyone engaging in land-disturbance activities without first obtaining a permit shall be subject to renovation of his business license, work permit, or other authorization for the conduct of a business within Habersham County.

This document was produced by the Soque River Watershed Association as an aid to citizens, property owners and developers in understanding Habersham Counties Erosion and Sediment Control Ordinance. It should in no way be considered a substitute for an official copy of this Code.