Delegation Agreement with SCC and NCDENR

• On February 25, 1991 the NC Sedimentation Control Commission (SCC) granted the authority to the NCDOT to administer its own Sediment and Erosion Control Program within the jurisdiction of its activities. The Division of Land Quality with NC Department of Environment and Natural Resources (NCDENR) reviews the NCDOT's program on an annual basis. Land disturbing activities within the NCDOT must be in compliance with the Sedimentation and Pollution Control Act (SPCA) of 1973.

Mandatory Standards of SPCA

1. Approved Erosion Control (EC) Plan required for disturbance of one acre or more

2. Buffer zones must be provided along natural watercourses with "sufficient width to confine visible siltation within the 25% of the buffer zone nearest the land-disturbing activity." Trout waters require an "undisturbed buffer zone 25 feet wide."

3. "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."

4. "Slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion."

5. The land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.

    

Inspection Process and Grading System

• Construction and Maintenance projects are reviewed on a monthly basis to check for compliance with SPCA. These inspections will be done by either the Roadside Environmental Field Operations Engineer or Technician. A report is filled out discussing any comments or actions that may need to be addressed. The four areas that are concentrated on are Installation, Maintenance and Effectiveness of the EC measures, and Plan Implementation. Then an overall grade is given. The grading scale is a follows: 10-Excellent, 9-Very Good, 8-Good, 7-Fair, 6 or below is unacceptable.

ICA and NOV Process

• If the Field Operations Engineer or Technician gives a project an overall grade of 6 or below, the project will receive an Immediate Corrective Action (ICA). When an ICA is issued the District or Resident Engineer must respond and begin corrective actions within 24 hours. It is recommended that grading operations be suspended until the ICA is lifted. The Field Ops personnel will revisit the site within 5 working days or 7 calendar days (whichever is shorter) and review the site to see if appropriate actions were taken. At this time the ICA will either be lifted or continued.

• A NOV is a Notice of Violation given by the Land Quality Section of NCDENR for projects that are out of compliance with the SPCA 1973. Corrective actions should be taken immediately to resolve the NOV.

• Things that would warrant immediate ICA (no EC plan, earthen dike, equipment in streams, lack of perimeter measures, etc.)