Henderson's Local Erosion and Sedimentation Control Program

The City of Henderson administers an Erosion and Sedimentation Control program within the City limits. The City’s jurisdiction is within the city limits, which does not include the ETJ (Extra Territorial Jurisdiction). Any developments in the ETJ need to file for a erosion control permit with the state.  This program operates under the Land Quality Section of the North Carolina Department of Environmental and Natural Resources (NCDENR).  The City has local jurisdiction in administering the Sedimentation Pollution Control Act of 1973 and does so by the way of the Soil Erosion and Sedimentation Control Ordinance (City Ordinance Chapter 23A).

In accordance with the Act and the City Ordinance, an Erosion and Sedimentation Control plan and calculations, designed in accordance with the NCDENR Erosion & Sediment Control Planning and Design Manual, must be filed with and approved by the City of Henderson prior to disturbing an area of greater than 0.5 acre (or more than 1 acre if a single family residence is involved).  For disturbances less than 0.5 acres (or 1 acre for single family residences), no plan must be filed; however, all requirements limiting erosion shall remain in effect. Persons conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

Report Stormwater Illicit Discharges or Off-Site Sediment/Muddy Streets here.

Basic Control Objectives for Erosion and Sedimentation Program

1. Identify critical areas. On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention.
2. Limit time of exposure. All land disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time.
3. Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time.
4. Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure.
5. Control sedimentation. All land disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage.
6. Manage storm water runoff. When the increase in the velocity of storm water runoff resulting from a land disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and increase sedimentation of the stream.

Mandatory Standards for Erosion and Sedimentation Program

1. Buffer zone.
   1. 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 (25) percent of the buffer zone nearest the land disturbing activity. Waters that have been classified as trout waters by the environmental management commission shall have an undisturbed buffer zone twenty-five (25) feet wide or of sufficient width to confine visible siltation within the twenty-five (25) percent of the buffer zone nearest the land disturbing activity, whichever is greater. Provided, however, that the city engineer may approve plans which include land disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. This subdivision shall not apply to a land disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.
   2. Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with twenty-five (25) percent of the strip nearer the land disturbing activity containing natural or artificial means of confining visible siltation.
   3. The twenty-five (25) foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank.
   4. Where a temporary and minimal disturbance is permitted as an exception bysection 7(a)(1), of this chapter, land disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten (10) percent of the total length of the buffer zone within the tract to be disturbed such that there is not more than one hundred (100) linear feet of disturbance in each one thousand (1,000) linear feet of buffer zone. Larger areas may be disturbed with the written approval of the director.
   5. No land disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards", in these waters.
2. 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 adequate erosion control devices or structures. In any event, slopes left exposed will, within (twenty-one (21) calendar days) of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion.
3. Ground cover.When land disturbing activity uncovers more than (½) acre (or more than one (1) acre if only a single family residence is involved), 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, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in section 23A-8(b)(5), of this chapter, provisions for a ground cover sufficient to restrain erosion must be accomplished within fifteen (15) working days or ninety (90) calendar days following completion of construction or development whichever period is shorter.
4. Prior plan approval.No person shall initiate any land disturbing activity on a tract if more than one-half (½) acre (or more than one (1) acre if a single family residence is involved) is to be uncovered unless thirty or more days prior to initiating the activity, an erosion and sedimentation control plan for such
5. No person shall initiate any land disturbing activity that will disturb more than one-half (½) acre on a tract unless, thirty (30) or more days prior to initiating the activity, a plan for the activity is filed with and approved by the City of Henderson. An erosion and sedimentation control plan may be filed less than thirty (30) days prior to initiation of a land disturbing activity if the plan is submitted under an approved express permit program, and the land disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved. The city shall forward to the director of the division of water quality a copy of each plan for a land disturbing activity that involves the utilization of ditches for the purpose of dewatering or lowering the water table of the tract.
6. The land disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.

NPDES Construction Program

In addition to our local Erosion and Sedimentation Control program, ANY disturbances over 1.0 acre are required to apply for a NCG01 Permit through North Carolina Department of Environmental Quality. NPDES Construction Program

Below are sample plan sheets that provide guidance on complying with key portions of the NCG01 Permit.  These sample plan sheets provide more detail than is provided in the NCG01 permit.  Permittees are not required to use the sample plan sheets; they convey one way that the objectives set forth in the permit may met.  

Sample_Plan_Sheet_Topic	Provides_Guidance_to_Comply_With
Ground Stabilization and Materials Handling	Part II of the NCG01 permit for topics that may not be addressed in the E&SC Plan.	.pdf	CAD	CAD 2013
Inspection, Recordkeeping and Reporting	Part III of the NCG01 permit and requirements for draw down of sediment basins (II-G.4).	.pdf	CAD	CAD 2013

Active NCG01 Permits in the State of North Carolina: Construction NPDES Permit List