Erosion and Sedimentation Act of 1975

1. Erosion and Sedimentation Act of 1975 Presented by Donald D.J. Stack Lisa B. Perlstein Stack & Associates, P.C. 800 Flatiron Building 219 West Bryan Street 84 Peachtree Street Suite 303 Atlanta, GA 30303 Savannah, GA 31405 (404)525-9205 (912)352-3648

2. Why Do We Need the Act? • The Georgia Legislature found that: “soil erosion and sediment deposition onto lands and into waters within the watersheds of this state are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities. . . .”

4. What Is the Impact? • The Legislature has found that this widespread failure: “result[s] in the pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses.”

6. IMPACT TO TROUT An increase in fine sediments within stream substrates generally has a negative impact on salmonids

7. Impact of Sediment on Trout • prevents oxygen from reaching eggs, trap fry in the substrate, and retard the removal of toxic compounds from redds. • Affects diversity and population of benthic organisms which are a major portion of the trout’s diet. • Restricts winter cover for adult fish by filling in low-velocity habitats such as deep pools and undercut banks.

8. State Policy “It is therefore declared to be the policy of this state and the intent of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this state and to provide for the establishment and implementation of a state-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of this state.”

10. In order to conduct land disturbing activities, one must have a PERMIT

11. How Do I Get A Permit?

12. Apply to the Local Issuing Authority; or 2) Give notice to EPD that I intend to be covered under the state General Permit.

13. All permits Require: • The Minimum Requirements set out by the Act AND the State General Permit + 2) The additional Requirements set out by Local Ordinance

14. The Act Requires: Design Installation Maintenance BEST MANAGEMENT PRACTICES

16. Minimum Requirements Set Forth in the Act Include:

17. Stripping of vegetation, regrading, and other development activities shall be conducted in a manner so as to minimize erosion

18. Cut and fill operations must be kept to a minimum

19. Development Plans must conform to topography and soil type, so as to create the lowest practicable erosion potential

20. Whenever feasible, natural vegetation shall be retained, protected, and supplemented

21. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum

22. Disturbed soil shall be stabilized as quickly as practicable

23. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development

24. Permanent vegetation and structural erosion control measures must be installed as soon as practicable

25. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.

26. Adequate provision must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills

27. Cuts and fills may not endanger adjoining property

28. Fills may not encroach upon natural water courses or constructed channels in a manner so as to adversely affect other property owners

29. Grading equipment must cross flowing streams by the means of bridges or culverts, except when such methods are not feasible, provided, in any case, that such crossing must be kept to a minimum

30. Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters. . . .

31. All state waters shall have a 25 foot buffer on each bank; • Trout streams with an average flow of more than 25 gallons per minute shall have a 50 foot buffer on each bank; • No land disturbing activity may take place within the buffer. It shall remain in its natural, undisturbed, state of vegetation.

32. The Act Also Requires Compliance with the standards set forth in the“Manual for Erosion and Sedimentation Control in Georgia” A/K/A the “Green Book”

34. All permits Require: The Minimum Requirements set out by the Act AND the State General Permit + The additional Requirements set out by Local Ordinance

35. The State General PermitGAR 100003 Requires:

36. Comply with all requirements of the Erosion and Sedimentation Act • Submit Erosion Control Plans and a Notice of Intent to EPD • Plan and engage in a Comprehensive Monitoring Program for stormwater turbidity • Gather and record rainfall data • Comply with Reporting Requirements AND

37. Discharge must not cause a violation of the State Water Quality Standards which include: • The “free from . . .” standards; • Dissolved oxygen criteria; • Homogenous mixture of effluent requirements;

39. Primary Permittee: 10,400 Secondary Permittee: 23,600 NOI’s Since September 30, 2003

40. In areas where a Local Issuing Authority issues the Land Disturbing Permit, the Local Issuing Authority may have additional requirements.

41. FULTON COUNTY REQUIRES A 100 FOOT BUFFER ALONG TROUT STREAMS Though State law requires a 50 foot buffer along trout streams, . . . FOR EXAMPLE

42. Atkinson – Baldwin – Banks – Barrow – Bartow - Ben Hill – Berrien – Bibb – Bleckley – Brooks – Bryan – Bulloch – Burke – Butts – Candler – Carroll – Catossa – Charlton – Chatham – Cherokee – Clarke – Clay – Clayton – Clinch – Cobb – Coffee – Columbia – Cook – Coweta – Crisp – Decatur – Dekalb – Dodge – Dooly – Dougherty – Douglas – Effingham – Fannin – Fayette – Floyd – Forsyth – Franklin – Fulton – Gilmer – Glascock – Glynn – Gordon – Grady – Greene – Gwinnett – Habersham – Hall – Hancock – Haralson – Harris – Hart – Heard – Henry – Houston – Irwin – Jackson – Jasper – Jefferson – Johnson – Jones – Lamar – Lanier – Laurens – Lee – Liberty – Lincoln – Lowndes – Lumpkin – Marion – McDuffie – Meriwether – Miller – Mitchell – Monroe – Montgomery – Morgan – Murray – Muscogee – Newton – Oconee – Oglethorpe – Paulding – Peach – Pickens – Pierce – Pike – Pulaski – Putnam – Rabun – Richmond – Rockdale – Screven – Seminole – Spaulding – Stewart – Sumter – Taylor – Telfair – Terell – Thomas – Tift – Toombs – Treutlen – Troup – Turner – Union – Walker – Walton – Ware – Warren – Washington – Wayne – Webster – White – Whifield – Wilcox – Wilkes – Wilkonson COUNTIES WHO ARE LOCAL ISSUING AUTHORITIES:

43. The Discharge of water from any disturbed area where BMPs have not been DESIGNED or MAINTAINED or INSTALLED CONSTITUTES A VIOLATION OF THE ACT

45. EACH DAY CONSTITUTES A NEW VIOLATION

47. Getting into Court

48. Enforcement Action 2) Civil Litigation 2 Ways in Which Erosion Issues End up in your Courtroom:

49. ENFORECEMENT ACTION Enforcement Action for violation of a permit condition is taken by the Issuing Authority: EPD County City

50. When a County takes enforcement Action, the matter is generally heard by the MAGISTRATE COURT. Prior to a hearing, the permitee may request a jury trial in Superior Court, and the matter is transferred. Subsequent to a Magistrate Court hearing, the decision of the Magistrate Court may be appealed to State/Superior Court