MaMaMaMaMay action of the N.C.y action of the N.C.y action of the N.C.y action of the N.C.y action of the N.C. Sedimentation Contr Sedimentation Contr Sedimentation Contr Sedimentation Contr Sedimentation Control Commissionol Commissionol Commissionol Commissionol Commission 2 2 2 2 2

ReinfReinfReinfReinfReinforororororcing vegcing vegcing vegcing vegcing vegetative filter strips with getative filter strips with getative filter strips with getative filter strips with getative filter strips with geosynthetic preosynthetic preosynthetic preosynthetic preosynthetic products improducts improducts improducts improducts improooooves perfves perfves perfves perfves performance 3ormance 3ormance 3ormance 3ormance 3

DENR reporDENR reporDENR reporDENR reporDENR reports on transfts on transfts on transfts on transfts on transferring ererring ererring ererring ererring erosion and sedimentation controsion and sedimentation controsion and sedimentation controsion and sedimentation controsion and sedimentation control to local gool to local gool to local gool to local gool to local governments 4vernments 4vernments 4vernments 4vernments 4

STATE OF NORTH CAROLINA, DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCESWilliam G. Ross, Jr. Secretary

Vol 9 No 2 April - June 2002

Land Quality SectionDivision of Land Resources

Charles H. Gardner, Director

IN IN IN IN IN THIS ISSUETHIS ISSUETHIS ISSUETHIS ISSUETHIS ISSUE

Sediments Subscription Update

Please review your address as it appears on the back page of this newsletter. Ifyou wish to have your name removed from our mailing list, or if your addressneeds to be corrected, please indicate the action we should take adjacent toyour address label and return the lower portion of the back page to us forcorrection.

Please return changes promptly so they can be made prior to our next mailing.If we do not hear from you, we will assume your address is correct as shown onthe label.

Return toWater Resources Research Instituteof The University of North Carolina

Box 7912, N.C. State UniversityRaleigh, NC 27695-7912

(919) 515-2815 water_resources@ncsu.edu

City of Monroe establishes erosion andsedimentation control programThe N.C. Sedimentation Control Com-mission has delegated to the City of

Monroe authority to implement the

Sedimentation Pollution Control Act.The Monroe City Council unani-

mously approved an ordinance toestablish a local Erosion and Sedimenta-

tion Control Program on April 24, 2002.

The city’s ordinance, which becomeseffective July 1, 2002, requires commer-

cial sites of 12,000 square feet or more

disturbed area to apply for a permit andimplement approved control measures.

Residential sites disturbing 12,000

square feet or more (minimum R-20zoning) will sign an Erosion and Sedi-

mentation Control Installation and

Maintenance Agreement form whenapplying for a building permit, acknowl-

edging the need for proper controls

during construction.The ordinance also requires that on

any tract on which five or more acres are

to be disturbed, the person conductingland-disturbing activity will be respon-

sible for self-inspection of erosion and

sedimentation control facilities at leastonce every seven days or within 24 hours

of a storm event of more than 0.5 inches

of rain per 24-hour period.

City of Monroe Erosion and Sediment Control ProgramJim Loyd, PE, Director of Engineering (jloyd@monroenc.org)

Kevin Price, Erosion Control Specialist (704-282-4586)

P. O. Box 69, 300 West Crowell St.Monroe, NC 28111-0069

Department Phone: 704-282-4529 Fax: 704-282-4735

SEDIMENTS Vol 9, No 2April - June 2002

SEDIMENTS is published quarterly by the N.C. Sedi-mentation Control Commission to provide informa-tion and assistance to the regulated community and tofacilitate communication among personnel of state andlocal erosion and sedimentation control programs.

Send comments to Caroline Medlin, NCDENR- LandQuality, 1612 Mail Service Center, Raleigh, NC 27699-1612. Email: Caroline.Medlin@ncmail.net. Sendchange of address to WRRI, Box 7912, North Caro-lina State University, Raleigh, NC 27695-7912(919/515-2815; water_resources @ncsu.edu). Fifty-six hun-dred copies of this newsletter were printed at a cost of$1,297.44 or 23 cents per copy.

Personnel of the Land Quality Section of the N.C.Department of Environment and Natural Resourcesprovide information and assistance for implementa-tion of the N.C. Erosion and Sedimentation ControlProgram. For assistance, please contact the RegionalEngineer or the Raleigh headquarters listed below:

Richard Phillips, P.E.Interchange Bldg, 59 Woodfin Place

Asheville, NC 28801 (828) 251-6208

Gerald Lee, CPESC (Acting)225 Green Street, Suite 714

Fayetteville, NC 28301 (910) 486-1541

Doug Miller, P.E.919 N. Main Street

Mooresville, NC 27115 (704) 663-1699

John Holley, P.E., CPESC3800 Barrett Drive, Suite 101

Raleigh, NC 27609 (919) 571-4700

Floyd Williams, P.G.943 Washington Sq. Mall

Washington, NC 27889 (252) 946-6481

Dan Sams, P.E.127 Cardinal Dr, Ext

Wilmington, NC 28405-3845 (910) 395-3900

Matt Gantt, P.E.585 Waughtown St.

Winston-Salem, NC 27107 (336) 771-4600

David Ward, CPESCRaleigh Headquarters

512 N. Salisbury St., 1612 Mail Service CenterRaleigh, NC 27699-1612 (919) 733-4574

Page 2 SEDIMENTS April - June 2002

May action of the N.C.Sedimentation Control CommissionIn a conference call meeting on May 7,2002, the N.C. Sedimentation ControlCommission (SCC) took the followingaction:

� Delegated to the City of Monroeauthority to implement the Sedimenta-tion Pollution Control Act (see articlepage 1).

� Approved a Local Program AssistanceGrant of $66,189 to the City ofMonroe for start-up of its Erosion andSedimentation Control Program.

� Approved a Local Program AssistanceGrant of $5,040 to Pitt County forincreased public education anddevelopment of a comprehensive siteanalysis program.

� Approved use of education funds forcontinuation of the Sediment Internprogram.

� Approved use of education funds forthe annual Local Programs Workshopand Awards Program.

� Approved use of education funds forcontinuation of the Sediments newslet-ter.

� Approved use of education funds forworkshops to be coordinated by theWater Resources Research Institute totrain design professionals.

� Approved use of education funds tocontinue the Muddy Water EssayContest for high school students.

� Approved use of eduction funds fortwo regional workshops for designprofessionals to be conducted by theBuncombe County Erosion ControlProgram in cooperation withRiverLink.

� Tabled until the next SCC meetingdiscussion of funding the Clear WaterContractor Program. Staff recom-mended shelving the program until along-term plan can be developed thatallows staff of the Land QualitySection to further develop and retaincontrol of the curriculum.

� Requested that staff draft a statementfrom the commission encouraging theDirector of the Division of LandResources to use the full range ofpenalty authority when assessingpenalties for violation of the Sedimen-tation Pollution Control Act. Thestatement is to encourage setting finesat levels that do not allow violators toavoid the costs of compliance andencourages tougher fines on repeatviolators. The statement is to bepresented to the SCC for action at itsAugust meeting.

� Heard from Land Quality SectionChief Mell Nevils that 13 positions of74 in the section are vacant andfrozen.

� Heard from State Sediment SpecialistDavid Ward that as of the end ofFebruary, staff of the Land QualitySection had conducted 2,658 planreviews, 10,762 construction siteinspections, 1,051 dam inspections,and 321 mine inspections since July 1,2001.

Personnel changesCharles Gardner, Director of the

Division of Land Resources, hasannounced that he will retire June 30,2002. Gardner joined the division aschief of the Land Quality Section 25years ago. He was appointed DivisionDirector in 1990.

David Ward, State Sediment Specialist,will retire June 30, 2002, after 27years of service. After serving 17years in the Winston-Salem RegionalOffice, Ward became AssistantSedimentation Specialist in 1992 andState Sedimentation Specialist in2001.

Hubert Hawkins, has joined the LandQuality Section Central Office as DamSafety Engineer.

The North CarolinaSedimentation Control Commission

The Sedimentation Control Commission (SCC)was created to administer the Sedimentation Con-trol Program pursuant to the N.C. SedimentationPollution Control Act of 1973 (SPCA). It is chargedwith adopting rules, setting standards, and provid-ing guidance for implementation of the Act. Thecomposition of the Commission is set by statute toencompass a broad range of perspectives and ex-pertise in areas related to construction, industry,government, and natural resource conservation andquality. All members are appointed by the Gover-nor and serve three-year terms, except for the Di-rector of the Water Resources Research Instituteof The University of North Carolina, who servesas long as he remains Director. The chairman ofthe SCC is named by the Governor.

Chairman:Kenneth H. Reckhow

DurhamDirector of Water Resources Research Institute

Commissioners:

John R. BrattonKnightdale

Rep. N.C. Mining Com.

Donnie W. BrewerGreenville

Rep. Professional Engineers of N.C.

James FergusonClyde

Rep. N.C. Soil and Water Conservation Com.

Phillip Ray GibsonCullowhee

Non-governmental conservation representative

J. Wendell GilliamRaleigh

Rep. NCSU Dept. of Soil Science

Gregory D. JenningsRaleigh

Rep. N.C. Environmental Management Com.

Ray B. KilloughMatthews

Rep. N.C. public utilities

Joseph A. PhillipsRaleigh

Non-governmental conservation representative

Kyle SonnenbergSouthern Pines

Rep. Association of County Commissioners/N.C. League of Municipalities

Ralph StoutGreensboro

Rep. Carolinas Associated General Contractors

F. Roger WatsonAsheville

Rep. N.C. Home Builders Association

SEDIMENTS April - June 2002 Page 3

Study says reinforcing vegetative filterstrips with geosynthetic productsimproves performanceIn a study presented at the 2001 Interna-tional Erosion Control Associationconference, researchers say that rein-forcement of natural vegetation withgeosynthetics can provide beneficialflow resistance and surface roughness toreduce flow velocity and improvesediment removal efficiency of vegeta-tive filter strips.

The paper “Improving RemovalEfficiency of Vegetative Filter Strips”was written by B. Gharabaghi, R.P.Rudra, H.R. Whiteley, and W.T.Dickinson of the University of GuelphSchool of Engineering. In the paper theresearchers describe field experimentsconducted near Elora, Ontario, tocompare the runoff treatment perfor-mance of vegetative filter strips undervarious flow and pollution load condi-tions. On parallel plots 1.2 meters widewith a down-slope of 2.3%, the research-ers established legume/creeping fescuefilter strips of 2, 5, 10, and 15 meters inlength on natural soil. Experimentalstrips of 5 meters in length were plantedon a 10-centimeter thick mat of strawfiber, wood excelsior, coconut fiber, andsynthetic fiber.

Plots were pre-wetted with cleanwater for about an hour before the teststo reach a steady state infiltration rate.

A soil slurry was fed at a set rateinto a steady, regulated inflow of clearwater upstream of the plots, and runoffsamples were collected upstream anddownstream of the filter strips. Flow ratevaried for different runs. A 15-minuteclean water flow was introduced betweenconsecutive runs to wash off residualloose sediments and pollutants from thepreceding run. A total of 47 runs wascompleted and 240 runoff samples werecollected. Measured parameters includeddimensions of the plot, slope of the plot,average grass stem diameter, input flowrate, runoff flow rate exiting the plot,

concentration of total suspended sedi-ments at inflow and outflow, aggregatesize distribution of sediments at inflowand outflow samples, runoff travel time(residence time), and average depth offlow.

The investigators found that theaverage removal efficiency for the 2-, 5-,and 10-meter natural vegetation plots wasabout 84%. Average removal efficiencyfor the 15-meter strip and for all four 5-meter constructed strips was 97%. Thestudy found that sediment removalefficiency was not very sensitive to inputflow rate and that total infiltration ratesfor the 2-, 5-, and 10-meter naturalvegetation plots were relatively smallcompared to the infiltration rate for the15-meter plot.

The investigators point out thatintense rainfall may generate runoff ratesthat cause flow to concentration in pathsbetween clumps in vegetative filter strips,reducing sediment removal efficiency.Reinforcement of the natural vegetationwith geosynthetic products can reduceflow concentration by spreading flow.Further, in late-winter-early spring whensoil is often saturated (reducing infiltra-tion) and vegetative cover is flattened(reducing flow resistance), the efficiencyof natural vegetative filter strips is low.Reinforcement with geosynthetics canprovide beneficial flow resistance andsurface roughness under these conditionsand can add extra thickness of filteringmaterial.

The investigators also tested avariety of available sediment transportmodels for applicability in flow throughvegetative filter strips. They will use theresults of these tests to improve existingvegetative filter strip models (such asVFSMOD) to design cost-effectiveconstructed vegetative filter strips withenhanced removal efficiency.

Page 4 SEDIMENTS April - June 2002

North Carolina Erosion and Sedimentation ControlField Manual updates

are available for those who purchased a Field Manual prior toJuly 2001. If you have not received your Field Manual update,

please contact the Land Quality Section at (919) 733-4574.

DENR reports to General Assembly on feasibility of transferring theerosion and sedimentation control program to local governmentsIn 2001, the N.C. General Assemblypassed a bill requiring the Department ofEnvironment and Natural Resources(DENR) to study the feasibility oftransferring the Erosion and Sedimenta-tion Control Program within theDepartment’s Division of Land Re-sources to local governments. DENR wasinstructed to consider the economicimpact that the transfer would have onlocal governments, any savings to theState by the proposed transfer, and anystatutory changes needed to implementthe transfer. The bill required that DENRreport its findings by April 1, 2002.

Division of Land Resources DirectorCharles Gardner and Land QualitySection Chief Mell Nevils convened agroup of other DENR personnel, localgovernment officials, and personnel oflocal erosion and sedimentation controlprograms for assistance in addressing theGeneral Assembly’s mandate. In March,the required report was delivered to theGeneral Assembly’s Natural and Eco-nomic Resources Appropriations Sub-committee.

The report points out that the legalmechanism already exists in the Sedi-mentation Pollution Control Act fordelegating to local governments that wishto have a program, the authority toimplement an erosion and sedimentationcontrol program and that 47 localgovernments have presently establishedlocal erosion and sedimentation controlprograms under this mechanism.

Economic impact on localgovernments and savings forthe StateBased on a survey of existing localprograms, the report estimates that if alllocal governments in North Carolinaestablished and staffed comparableerosion and sedimentation controlprograms, the cost to local governmentsstatewide would be $28,248,000.

Possible sources of funding would beState subsidies, local fees, or both.Staffing of local programs at the level ofexisting programs would allow for morefrequent inspections and, therefore,better implementation of the Sedimenta-tion Pollution Control Act than iscurrently possible with the underfundedand understaffed State program.

If all local governments establishederosion and sedimentation controlprograms, and the State programperformed only local program monitor-ing, training, and compliance inspectionon DOT and federal projects, the Statecould save about $4,450,000.

To maintain the current level ofState responsibility but improve the Stateprogram to a level comparable to fullstatewide implementation of localprograms (monthly site inspections), theState would need to spend an additional$4,450,000 for additional inspectors.

Incentives for establishmentof local programsIn conducting the study of transferringerosion and sedimentation control tolocal governments, DENR was primarilyinterested in identifying factors thatmight encourage a voluntary transfer ofresponsibility. Therefore, the studyreport identifies several disincentives toestablishment of local erosion andsedimentation control programs andproposes possible solutions. Several ofhe proposed solutions have been incor-porated into bills introduced in theGeneral Assembly. The disincentives andsolutions are:

� � � � � Cost: Based on surveys of existinglocal programs, plan review fees of$300 to $400 per acre are needed tosupport a local program sufficient todo plan reviews and once-a-monthinspections. However, the Stateprogram plan review fee is currentlylimited by law to $50 per acre. Thefee difference encourages reliance onthe State program. The disincentivecould be eliminated by either provid-ing State subsidies to local programsor by raising the State fee to a levelcomparable to that which would berequired to support a local program.

� � � � � Low construction activity. In someareas of the state, there is not enoughconstruction activity to support a fee-based municipal or county erosion andsedimentation control program.However, two or more county govern-ments could form and staff a regionalerosion and sedimentation controlprogram to remove this disincentive.

� � � � � Oversight of public projects.Reserving jurisdiction over localpublic projects to the SedimentationControl Commission reduces incen-tives for local governments toestablish erosion and sedimentationcontrol programs. Allowing localerosion and sedimentation controlprograms to have concurrent jurisdic-tion with the SCC over local publicprojects would provide local govern-ments more autonomy and act as anincentive.

SEDIMENTS April - June 2002 Page 5

Muddy Water Essay Contest winnerBryan Jones (center), a student at East Mecklenburg High School, is the 2002 winner ofthe Muddy Water Essay Contest. Byran’s essay, “The River of ‘68,” won $1,200 forhim; $1,000 for his teacher, Ramona Hedrick (right); and $800 for his school. In thephoto above Bryan receives congratulations from Sedimentation Control Commissionmember Daniel Besse (left).

Second place winner, Erika Schneble of Hendersonville High School, won $600for herself; $500 for her teacher, James Franklin; and $400 her school.

Third place winner, Bridget Alligood of Washington High School, won $300 forherself; $250 for her teacher, Clay Campbell, and $200 for her school.

If funds are available for the program in 2003, information on the 2003 contestwill be mailed to schools in October. The deadline for submitting entries to LandQuality Regional Offices will be approximately February 1, 2003.

SCC membernamed to EMCDonnie W. Brewer, a member of theSedimentation Control Commission since1996, has been appointed by the N.C.House of Representatives to the N.C.Environmental Management Commission(EMC). A Professional Engineerassociated with Rivers & Associates, Inc.of Greenville, Brewer serves on the SCCas the representative of ProfessionalEngineers of North Carolina.

The N.C. Environmental Manage-ment Commission is a 19-memberCommission appointed by the Governor,the Senate Pro Tempore and the Speakerof the House. The EMC is responsiblefor adopting rules for the protection,preservation and enhancement of theState’s air and water resources.

By law a member of the EMC alsoserves on the SCC. The EMC’s newdelegate to the SCC is Greg Jennings ofNC State University, Raleigh.

Proposed EffluentGuidelines forConstruction andDevelopmentCategory signedOn May 15, the Administrator of EPAsigned a proposed rule for options toaddress storm water discharges fromconstruction sites. The proposed “Efflu-ent Limitation Guidelines and NewSource Performance Standards for theConstruction and Development Cat-egory” will be published in an upcomingFederal Register publication. Commentwill be taken for 120 days after publica-tion, and EPA will hold public meetingson the rule. Under a Consent Decree,final action on the rule is required byMarch 31, 2004. The final rule is to beimplemented through NPDES StormWater permits.

EPA is proposing and solicitingcomment on three options for control of

discharge of pollutants in storm waterassociated with construction and devel-opment activities. The options do notinclude requirements for a numericalreduction of turbidity or suspendedsediment in discharges, dischargemonitoring, or control of fine-grainedparticles by use of polymers or coagu-lants, and do not address post-construc-tion runoff control.

Option One would not actuallyestablish effluent limitations but wouldamend the current NPDES storm waterrequirements to require construction siteinspections and certification that erosionand sedimentation controls meet designcriteria. This option could apply to sitesof one acre or more or only to sites above5 acres.

Option Two would establish effluentguidelines that would apply to sites of 5acres or more of disturbed area. Under

this option, construction site operatorswould be required to design, install, andmaintain erosion and sedimentationcontrols that meet national guidelines;prepare a storm water pollution preven-tion plan; inspect the site throughout theland-disturbance period; and certify thatthe controls meet the regulatory designcriteria or permit conditions.

Option Three would not establisheffluent guidelines or amend the NPDESstorm water requirements but would relyon control practices and any certificationand inspection requirements establishedby the local permitting authority (theState).

EPA is proposing a number ofvariations on options one and two. Formore information visit the EPA website:http://www.epa.gov/waterscience/guide/construction/

Newsletter of the North Carolina Sedimentation Control Commission

c/o Water Resources Research Instituteof The University of North CarolinaBox 7912, North Carolina State UniversityRaleigh, NC 27695-7912

ADDRESS SERVICE REQUESTED

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PAIDPAIDPAIDPAIDPAIDRALEIGH, NCRALEIGH, NCRALEIGH, NCRALEIGH, NCRALEIGH, NC

PERMIT NOPERMIT NOPERMIT NOPERMIT NOPERMIT NO..... 549 549 549 549 549

SEDIMENTS

A toll-free hotlinehas been

establishedstatewide forconcernedcitizens to

report possibleviolations of theNorth CarolinaSedimentation

PollutionControl Act.

To report problemscall

1-866-STOPMUD(786-7683)

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Purpose: This seminar is presented to familiarize design professionals who developerosion and sedimentation control plans—including engineers, landscape architects,and surveyors—with erosion and sedimentation control principles and practices.Thirteen (13) PDHs are available to professional engineers and land surveyors, and 10continuing education units are available to landscape architects for completion of bothdays.

Fee: $125.00. Covers materials, breaks, and lunches.

Deadline: Registrations will be taken on a first-come, first-served basis, but noregistrations will be taken after September 13, 2002, for the Hickory seminar, andOctober 11, 2002, for the New Bern seminar.

For additional information and a registration form go to website:http://www2.ncsu.edu/ncsu/CIL/WRRI/erosionseminars.html

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October 23-24, 2002Sheraton GrandNew Bern, NC