HomeMy WebLinkAbout2012-03-12-Meeting Agendawww.augustaga.gov
Engineering Services Committee
Meeting
Commission Chamber- 3/12/2012- 1:00 PM
ENGINEERING SERVICES
1. Approve adoption of the revised Soil Erosion, Sedimentation
and Pollution Control Ordinance as requested by AED.
Attachments
2. Approve Change Number Eleven and Supplemental Agreement
Eleven (CPB #323-04-299823766& #323-04-204823786) in the
amount of $94,923.00 for the Windsor Spring Road, Section IV
& Section V Reconstruction project to Jacobs Engineering
Group, Inc. Funding is available in the project account for the
Engineering Department.
Attachments
Engineering Services Committee Meeting
3/12/2012 1:00 PM
Revision of Augusta Soil Erosion, Sedimentation and Pollution Control Ordinance
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Approve adoption of the revised Soil Erosion, Sedimentation and
Pollution Control Ordinance as requested by AED.
Background:On February 16, 2012, the Georgia Environmental Protection
Division (EPD) re-issued the Augusta Georgia Municipal
Separate Storm Sewer System (MS4) Draft National Pollution
Discharge Elimination System (NPDES) Permit . The permit
requires Augusta, Georgia to adopt measures for addressing
surface runoff water quality management. These new
requirements apply to any land disturbing activity of 5,000 square
feet of land or greater. Compliance with the Permit’s new
requirement warrants revision to current Erosion, Sedimentation
and Pollution Control Ordinance (ES&PC Ordinance). Also, the
Local Issuing Authority is assigned to Augusta, Georgia for
effective management of Augusta Erosion, Sedimentation and
Pollution Control program and MS4 Stormwater Management
Plan.
Analysis:AED is responsible for management and compliance of Augusta
Area-Wide NPDES MS4 permit. AED is also responsible for
management of ES&PC Ordinance including plan review, field
activities and compliance. Integrating management and
compliance requirements for both programs (MS4 & ES&PC) are
necessary and critical for optimizing utilization of available
resources, and developing and implementing a cost effective
compliance program.
Financial Impact:No direct financial impact. Required activities will be integrated
into AED’s ongoing MS4 Stormwater Management Program.
Alternatives:1) Approve adoption of the revised Soil Erosion, Sedimentation
and Pollution Control Ordinance as requested by AED. 2) Do not
approve and face possible enforcement action under NPDES MS4
compliance by the State and Federal agencies.
Cover Memo
Item # 1
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 52
Item # 1
2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
_________________, 2012 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading: ________________________
Second Reading: Waived
Attachment number 1 \nPage 2 of 52
Item # 1
3
Exhibit “A”
STRIKE:
Attachment number 1 \nPage 3 of 52
Item # 1
4
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance.” SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment Control in Georgia” published by the Commission as of January 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
Attachment number 1 \nPage 4 of 52
Item # 1
5
7. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
8. Department: The Georgia Department of Natural Resources (DNR).
9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development within the scope of this ordinance.
11. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
15. Drainage Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices, and requirements in section IV.D.&E. of this ordinance.
18. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
19. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
Attachment number 1 \nPage 5 of 52
Item # 1
6
located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
20. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
21. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.
22. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
23. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
24. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
25. Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta-Richmond County Planning Commission and the
Engineering Department is an extension of the LIA with respect to plan review and
enforcement.
26. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
27. Mulching: Refers to the application of plant or other suitable materials in the soil surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
Attachment number 1 \nPage 6 of 52
Item # 1
7
28. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
29. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
30. NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit.
31. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
32. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
33. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
34. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.
35. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
36. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
37. Planning Commission: The Augusta-Richmond County Planning Commission.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
Attachment number 1 \nPage 7 of 52
Item # 1
8
39. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
40. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
41. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.
42. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
43. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
44. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
45. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
46. State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
47. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
Attachment number 1 \nPage 8 of 52
Item # 1
9
48. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
49. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
50. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
51. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
52. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
53. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
Attachment number 1 \nPage 9 of 52
Item # 1
10
54. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
Attachment number 1 \nPage 10 of 52
Item # 1
11
or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. of this
ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Attachment number 1 \nPage 11 of 52
Item # 1
12
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department prior to getting a building permit and
conform to the minimum requirements as set forth in section IV of this article, including,
but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
SECTION IV MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
Attachment number 1 \nPage 12 of 52
Item # 1
13
prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
Attachment number 1 \nPage 13 of 52
Item # 1
14
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs. 5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. 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. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
Attachment number 1 \nPage 14 of 52
Item # 1
15
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution 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 beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
Attachment number 1 \nPage 15 of 52
Item # 1
16
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
Attachment number 1 \nPage 16 of 52
Item # 1
17
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of
this ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit.
SECTION V APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood
damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the owner or operator with owner written consent
is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Augusta Georgia without first obtaining a Land Development Permit
(LDA) from the Local Issuing Authority to perform such activity and providing a copy of
Notice of Intent submitted to EPD if applicable. This also applies to mass grading
activities at individual lots within a common development such as subdivision and a builder shall obtain a Land Disturbing Permit as well as a building permit to commence
construction.
2. The application for a permit shall be submitted to the Local Issuing Authority and
must include the applicant’s erosion, sedimentation and pollution control plan with a completed checklist and supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V.C. of this ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land disturbing activity proposed will be carried out in such a
manner that the provisions of Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by six (6) copies of
the applicant’s erosion, sedimentation and pollution control plans. All applications shall
Attachment number 1 \nPage 17 of 52
Item # 1
18
contain a certification stating that the plan preparer or the designee thereof visited the site
prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is
submitted to the Local Issuing Authority. In addition to the local permitting fees, fees will
also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided
that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general
permit for each acre of land-disturbing activity included in the planned development or
each phase of development. All applicable fees shall be paid prior to issuance of the land
disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of
O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph
(9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of
the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local Issuing Authority shall refer the application and plan to the District for its review and
approval or disapproval concerning the adequacy of the erosion, sedimentation and
pollution control plan. The District shall approve or disapprove a plan within 35 days of
receipt. Failure of the District to act within 35 days shall be considered an approval of
the pending plan. The results of the District review shall be forwarded to the Local Issuing Authority. No permit will be issued unless the plan has been approved by the
District, and any variances required by Section IV.E. has been obtained, all fees have
been paid, and bonding, if required as per Section V B.6., have been obtained. Such
review will not be required if the County and the District have entered into an agreement
which allows the County to conduct such review and approval of the plan without referring the application and plan to the District. The Local Issuing Authority with plan
review authority shall approve or disapprove a revised Plan submittal within 35 days of
receipt. Failure of the Local Issuing Authority with plan review authority to act within 35
days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the Local Issuing Authority may deny the permit application.
6. Bond Requirement: The Local Issuing Authority may require the permit
applicant to post a bond in the form of government security, cash, irrevocable letter of
credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction
thereof of the proposed land-disturbing activity, prior to issuing the permit. If the
applicant does not comply with this section or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited
and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing
Attachment number 1 \nPage 18 of 52
Item # 1
19
activity and bring it into compliance. These provisions shall not apply unless there is in
effect an ordinance or statute specifically providing for hearing and judicial review of any
determination or order of the Local Issuing Authority with respect to alleged permit
violations.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
Attachment number 1 \nPage 19 of 52
Item # 1
20
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance
with this ordinance, any variances required by Section IV.E. are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Augusta, Georgia
are met. If the permit is denied, the reason for denial shall be furnished to the applicant.
3. Any land-disturbing activities by the Local Issuing Authority or the Augusta, Georgia
shall be subject to the same requirements of this ordinance, and any other ordinances
relating to land development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the land
disturbing activity is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor is in violation of this ordinance. A
holder of a permit shall notify any successor as to all or any portion of the land
affected by the approved plan of the conditions contained in the permit.
6. The Local Issuing Authority may reject a permit application if the applicant has had
two or more violations of previous permits or the Erosion and Sedimentation Act
permit requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
Attachment number 1 \nPage 20 of 52
Item # 1
21
any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
SECTION VI
INSPECTION AND ENFORCEMENT
A. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this ordinance, a
written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails
to comply within the time specified, he shall be deemed in violation of this ordinance.
1. Residential Construction of Individual Lots: The License and Inspection Department will inspect for compliance with this Ordinance for residential construction
on individual lots. If a project is deemed not in compliance with the approved plot plan,
the contractor and builder will be issued a written notice to comply with the approved
plan. If the contractor/builder engaged in the land disturbing activity fails to comply
within the time specified, he shall be deemed in violation of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Local Issuing Authority and Augusta Engineering Department, as an extension of the LIA, shall have the power to conduct such investigations as it may reasonably deem
necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter
at reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority and Augusta Engineering Department, as an extension of the
Attachment number 1 \nPage 21 of 52
Item # 1
22
LIA, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the Local Issuing Authority shall issue a written warning to the violator. A notice may
be in any written form, including without limitation, a memo, letter, directive or citation to appear in Magistrate Court. The violator shall have five days to correct the violation.
If the violation is not corrected within five days, the Director or the Local Issuing
Attachment number 1 \nPage 22 of 52
Item # 1
23
Authority shall issue a stop-work order requiring that land-disturbing activities be
stopped until necessary corrective action or mitigation has occurred; provided, however,
that, if the violation presents an imminent threat to public health or waters of the state or
if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the Local Issuing Authority shall issue an immediate stop-work order in lieu
of a warning;
2. For a third and each subsequent violation, the Director or the Local Issuing
Authority shall issue an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the Local Issuing Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly designed,
installed, and maintained, a stop work order shall be issued by the the Local Issuing
Authority or by the Director or his or her Designee without issuing prior written notices.
All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work
orders shall apply to all land-disturbing activity on the site with the exception of the
installation and maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the Local Issuing Authority determines that a person engaged in land-disturbing
activities at a project where a Bond was required pursuant to Section V has failed to
comply with the approved plan, the party responsible for the securing the bond shall be
deemed in violation of this Ordinance and a written warning notice to comply shall be served upon that person. The warning notice shall set forth the measures necessary to
achieve compliance with the plan and shall state the time within which such measures
must be completed. If the person engaged in the land-disturbing activity fails to comply
within the time specified, in addition to other penalities applicable under this Ordinance,
he shall be deemed to have forfeited his performance bond. The Local Issuing Authority may call the bond or any part thereof to be forfeited and use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
Attachment number 1 \nPage 23 of 52
Item # 1
24
fails or refuses to comply with any final or emergency order of the Director issued as
provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said paragraph.
Attachment number 1 \nPage 24 of 52
Item # 1
25
SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority, or the issuance of a stop-work order, or the determination to call a
bond pursuant to this Ordinance upon finding that the holder is not in compliance with the approved erosion, sedimentation and Pollution control plan, or that the holder is in
violation of permit conditions, or that the holder is in violation of any ordinance, shall
entitle the person submitting the plan or holding the permit to a hearing before the
Augusta Commission within 30 days after receipt by the Local Issuing Authority of
written notice of appeal. A notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension,
revocation, unilateral modification, grant with a condition of a permit, or notice of calling
a bond by the Local Issuing Authority, of the issuance of a stop-work order pursuant to
this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTION X EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
2010; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor
Attachment number 1 \nPage 25 of 52
Item # 1
26
impose any liability upon the Local Issuing Authority, Augusta, Georgia or District for
damage to any person or property.
2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a
presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the
rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1 \nPage 26 of 52
Item # 1
27
Exhibit “B”
REPLACE WITH:
Attachment number 1 \nPage 27 of 52
Item # 1
28
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.” SECTION II DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment
Control in Georgia” published by the Commission as of January 1st of the year in which the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. City: The Augusta, Georgia (formerly known as Augusta-Richmond County)
Attachment number 1 \nPage 28 of 52
Item # 1
29
7. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
8. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
9. Department: The Georgia Department of Natural Resources (DNR).
10. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
11. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
12. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
13. Director: The Director of the Environmental Protection Division or an authorized representative.
14. District: The Brier Creek Soil and Water Conservation District.
15. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources.
16. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.
17. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
18. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.D.&E. of this ordinance.
19. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
Attachment number 1 \nPage 29 of 52
Item # 1
30
20. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
21. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
22. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
23. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
24. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
25. Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.
26. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
City Administrator or an authorized representative.
27. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
Attachment number 1 \nPage 30 of 52
Item # 1
31
29. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
32. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
34. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Planning Commission: The Augusta-Richmond County Planning Commission.
39. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.
Attachment number 1 \nPage 31 of 52
Item # 1
32
40. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
41. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
44. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
46. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
47. State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
Attachment number 1 \nPage 32 of 52
Item # 1
33
49. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
54. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
Attachment number 1 \nPage 33 of 52
Item # 1
34
55. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
Attachment number 1 \nPage 34 of 52
Item # 1
35
or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. of this
ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Attachment number 1 \nPage 35 of 52
Item # 1
36
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department for approval prior to getting a
building permit and conform to the minimum requirements as set forth in section IV of
this article, including, but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
(c) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall apply the stormwater management standards for new
development and redevelopment and submit stormwater quality management plan to the
Augusta Engineering Department for approval prior to getting a building permit or
grading permit. All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality
treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of
rainfall from a site.
(1) New development that creates or adds 5,000 square feet or greater impervious surface area, or that involve land disturbing activity of 5,000 square feet of land or greater.
(2) Redevelopment that creates or adds 5,000 square feet or greater impervious surface
area, or that involves land disturbing activity of 10,000 square feet of land or greater.
Attachment number 1 \nPage 36 of 52
Item # 1
37
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
Attachment number 1 \nPage 37 of 52
Item # 1
38
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than one (1) acre.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential;
Attachment number 1 \nPage 38 of 52
Item # 1
39
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. 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. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution 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 beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally
from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
Attachment number 1 \nPage 39 of 52
Item # 1
40
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
Attachment number 1 \nPage 40 of 52
Item # 1
41
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of
this ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit.
SECTION V APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of
the Local Issuing Authority. However, the owner or operator, with owner notarized
written consent, is the only party who may obtain a permit.
Attachment number 1 \nPage 41 of 52
Item # 1
42
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the City to perform such activity and providing a copy of Notice of
Intent submitted to EPD if applicable. This also applies to mass grading activities at
individual lots within a common development such as subdivision and a builder shall
obtain a Land Disturbing Permit as well as a building permit to commence construction.
2. The application for a permit shall be submitted to the City and must include the
applicant’s erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control
plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of
Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be
accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation
and pollution control plans. All applications shall contain a certification stating that the
plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion
thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is submitted to the City. In addition to the local permitting fees, fees will also be assessed
pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided that such fees
shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be
calculated and paid by the primary permittee as defined in the state general permit for
each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land
disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of
O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that
any and all fees due from an entity which is required to give notice pursuant to paragraph
(9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the City shall
refer the application and plan to the District for its review and approval or disapproval
concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the
District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the City. No permit will be issued
unless the plan has been approved by the District, and any variances required by Section
IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section V B.6., have been obtained. Such review will not be required if the City and the District
have entered into an agreement which allows the City to conduct such review and
Attachment number 1 \nPage 42 of 52
Item # 1
43
approval of the plan without referring the application and plan to the District. The City
with plan review authority shall approve or disapprove a revised Plan submittal within 35
days of receipt. Failure of the City with plan review authority to act within 35 days shall
be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the City may deny the permit application.
6. Bond Requirement: The City may require the permit applicant to post a bond in
the form of government security, cash, irrevocable letter of credit, or any combination
thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed
land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the City may call the bond
or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
Attachment number 1 \nPage 43 of 52
Item # 1
44
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the City of a completed application, providing
variances and bonding are obtained, where necessary and all applicable fees have
been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.
2. No permit shall be issued by the City unless the erosion, sedimentation and pollution
control plan has been approved by the District and the City has affirmatively
determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. are obtained, bonding requirements, if necessary, as per Section V
B. 6. are met and all ordinances and rules and regulations in effect within the
jurisdictional boundaries of the Local Issuing Authority are met. If the permit is
denied, the reason for denial shall be furnished to the applicant.
3. Any land-disturbing activities by the City shall be subject to the same requirements of
this ordinance, and any other ordinances relating to land development, as are applied
to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for each phase.
5. The permit may be suspended, revoked, or modified by the City, as to all or any
portion of the land affected by the plan, upon finding that the land disturbing activity
is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor is in violation of this ordinance. A holder of a permit shall
Attachment number 1 \nPage 44 of 52
Item # 1
45
notify any successor as to all or any portion of the land affected by the approved plan
of the conditions contained in the permit.
6. The City may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However, any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
areas shall be permanently stabilized and NOT shall be submitted as soon as possible
but not later than 45 days from establishment of permanent stabilization. A copy of
NOT shall be provided to Augusta Engineering Department. In case of phased
common development, NOT for the completed phase shall be submitted and ES&PC Plans shall be modified accordingly.
SECTION VI
INSPECTION AND ENFORCEMENT
A. The Augusta Engineering Department, will periodically inspect the sites of land-
disturbing activities for which permits have been issued to determine if the activities are
being conducted in accordance with the plan and if the measures required in the plan are
effective in controlling erosion and sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and tertiary permittees as such terms are defined in the
state general permit. Primary permittees shall be responsible for installation and
maintenance of best management practices where the primary permittee is conducting
land-disturbing activities. Secondary permittees shall be responsible for installation and
maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and
maintenance where the tertiary permittee is conducting land-disturbing activities. If,
through inspection, it is deemed that a person engaged in land-disturbing activities as
defined herein has failed to comply with the approved plan, with permit conditions, or
with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall
state the time within which such measures must be completed. If the person engaged in
Attachment number 1 \nPage 45 of 52
Item # 1
46
the land-disturbing activity fails to comply within the time specified, he shall be deemed
in violation of this ordinance.
1. Residential Construction of Individual Lots: The City Building Inspector will inspect for compliance with this Ordinance for residential construction on individual lots.
If a project is deemed not in compliance with the approved plot plan, Augusta
Engineering Department will be notified for further action. The contractor and builder
will be issued a written notice to comply with the approved plan. If the contractor/builder
engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter.
B. The City must amend its ordinances to the extent appropriate within twelve (12) months
of any amendments to the Erosion and Sedimentation Act of 1975.
C. Augusta Engineering Department shall have the power to conduct such investigations as
it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and
for this purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigation and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
City, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action
Attachment number 1 \nPage 46 of 52
Item # 1
47
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the City shall issue a written warning to the violator. A notice may be in any written form, including without limitation, a memo, letter, directive or citation to appear in
Magistrate Court. The violator shall have five days to correct the violation. If the
violation is not corrected within five days, the Director or the City shall issue a stop-work
order requiring that land-disturbing activities be stopped until necessary corrective action
or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are
conducted without obtaining the necessary permit, the Director or the City shall issue an
immediate stop-work order in lieu of a warning;
2. For a third and each subsequent violation, the Director or the City shall issue an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the City or by the
Director or his or her Designee, have been or are being discharged into state waters and
where best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the City or by the Director or his or her
Designee without issuing prior written notices. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective
action or mitigation has occurred. Such stop work orders shall apply to all land-
Attachment number 1 \nPage 47 of 52
Item # 1
48
disturbing activity on the site with the exception of the installation and maintenance of
temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the City determines that a person engaged in land-disturbing activities at a project
where a Bond was required pursuant to Section V has failed to comply with the approved plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
warning notice shall set forth the measures necessary to achieve compliance with the plan
and shall state the time within which such measures must be completed. If the person
engaged in the land-disturbing activity fails to comply within the time specified, in addition to other penalties applicable under this Ordinance, he shall be deemed to have
forfeited his performance bond. The City may call the bond or any part thereof to be
forfeited and use the proceeds to hire a contractor to stabilize the site of the land-
disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
fails or refuses to comply with any final or emergency order of the Director issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to
exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
Attachment number 1 \nPage 48 of 52
Item # 1
49
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said
paragraph.
SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the City,
or the issuance of a stop-work order, or the determination to call a bond pursuant to this
Ordinance upon finding that the holder is not in compliance with the approved erosion,
sedimentation and Pollution control plan, or that the holder is in violation of permit
conditions, or that the holder is in violation of any ordinance, shall entitle the person submitting the plan or holding the permit to a hearing before the Augusta Commission
within 30 days after receipt by the Local Issuing Authority of written notice of appeal. A
notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta
Georgia Commission within 20 days of the denial, suspension, revocation, unilateral
modification, grant with a condition of a permit, or notice of calling a bond by the City, of the issuance of a stop-work order pursuant to this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the City, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of
Richmond County, Georgia.
Attachment number 1 \nPage 49 of 52
Item # 1
50
SECTION X EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Local Issuing Authority, Augusta, Georgia or District for
damage to any person or property.
2. The fact that a land-disturbing activity for which a permit has been issued results
in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1 \nPage 50 of 52
Item # 1
AUGUSTA, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS - Planning & Development Department Augusta Engineering Department
525 TELFAIR STREET PHONE: (706)821-1796 send a copy to: 522 Greene STREET, Augusta. GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)821-1708
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance "Soil Erosion, sedimentation and Pollution Control",
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED
[Augusta Georgia ES&PC Ordinance: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1-This Permit is valid only after signed by both AP&DD Director (or designee) & AED Director (or designee).
2-E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3-No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4-A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5-This permit is non transferrable
* APROVAL CONDITIONS:
AP&DD Director (or DESIGNEE)Date AED Director (or DESIGNEE)DATE
ES&PC Plan Approval Date ____________ E&S Review N0.__________
NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
F
O
R
O
F
F
I
C
I
A
L
U
S
E
O
N
L
Y
OW
N
E
R
PR
O
J
E
C
T
AP
P
L
I
C
A
N
T
&
C
O
N
T
A
C
T
Ce
r
t
i
f
i
c
a
t
i
o
n
Le
g
a
l
A
u
t
h
o
r
i
t
y
Attachment number 1 \nPage 51 of 52
Item # 1
AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
(xiv) If land disturbing activties do not commence within sixty (60) days from date of Preconstruction Meeting held by the AED, this permit will become
inactive until a new Preconstruction Meeting is arranged and conducted.
General Notes
(i) Provide copy of NOI and associated Fee Payment proof Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department upon completion of permitted construction activities
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
(iv) Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at issuance of "Certificate of Occupancy" .
(v) For phased Development,Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at Platting of respective phase .
Attachment number 1 \nPage 52 of 52
Item # 1
Engineering Services Committee Meeting
3/12/2012 1:00 PM
Windsor Spring Road, Phase IV and Phase V – Chg11&SA11
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Approve Change Number Eleven and Supplemental Agreement
Eleven (CPB #323-04-299823766& #323-04-204823786) in the
amount of $94,923.00 for the Windsor Spring Road, Section IV &
Section V Reconstruction project to Jacobs Engineering Group,
Inc. Funding is available in the project account for the
Engineering Department.
Background:The Windsor Spring Road Ph IV & PhV project funded in
SPLOST III & SPLOST IV was approved by Commission in
2001. The project is joint effort between (GDOT) and
Augusta. The City is responsible for design engineering, right-of-
way acquisitions and utility relocation. GDOT is responsible for
the construction. The project will widen and reconstruct the road
to 4 lanes with 19ft raised median and replace the bridge over
Spirit Creek. Design efforts are underway to upgrade the existing
roadway system. Supplemental services are needed to revise the
design plan to incorporate changes per current conditions and
update associated engineering and environmental studies and
documents.
Analysis:Jacobs Engineering will provide supplemental services to update
the road design, erosion, sedimentation & pollution Control Plan,
state water restoration plan, and air quality study. These revisions
are needed to incorporate current conditions and associated
impacts. These services are critical to completing the ongoing
design efforts.
Financial Impact:Funds are available in the project R/W account to be transferred to
the Engineering account 323-041110-5212115-299823766 upon
Commission approval. The fee proposal for this additional service
is $94,923.00.
Alternatives:Approve Change Number Eleven and Supplemental Agreement
Eleven (CPB #323-04-299823766& #323-04-204823786) in the
amount of $94,923.00 for the Windsor Spring Road, Section IV &
Section V Reconstruction project to Jacobs Engineering Group,
Cover Memo
Item # 2
Inc. Funding is available in the project account for the
Engineering Department. Do not approve and identify alternate
plan to complete needed improvements
Recommendation:Approve Alternate 1
Funds are Available
in the Following
Accounts:
323-041110-5212115/299823786-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB#323-041110-299823766 and Change Number Eleven. The funding for
this project in the amount of $94,923.00 is needed for the incorporation of new developments and update
plans to the current GDOT Erosion Control guidelines the Windsor Spring Road, Section IV & V project.
The funding will be transferred the R/W account to the Engineering account upon Commission approval.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase III 1,560,500$
Special 1% Sales Tax, Phase IV 600,000$
2,160,500$
Section 3: The following amounts are appropriated for the project:
By Basin By District
4th, 6th, & 8th 2,160,500$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#323-041110-299823766
CAPITAL PROJECT BUDGET
WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV
(WILLIS FOREMAN RD TO TOBACCO RD)
CHANGE NUMBER ELEVEN
McBean/Spirit Crk $ 2,160,500
Honorable, Deke Copenhaver, Mayor
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
1 of 2 10/3/2011
Attachment number 1 \nPage 1 of 2
Item # 2
Augusta-Richmond County, Georgia CPB#323-041110-299823766
CAPITAL PROJECT BUDGET
WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV
(WILLIS FOREMAN RD TO TOBACCO RD)
CHANGE NUMBER ELEVEN
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SALES TAX, PHASE III
323041110-000000-299823766 ($1,000)($1,000)
SALES TAX, PHASE III
323041110-000000-299823766 ($1,559,500)($1,559,500)
SPECIAL 1% SALES TAX, PHASE IV
324041110-000000-202824766 ($600,000)($600,000)
TOTAL SOURCES: ($2,160,500) ($2,160,500)
USE OF FUNDS
ADVERTISING
323041110-5233119-299823766 $1,000 $1,000
ENGINEERING
323041110-5212115-299823766 $1,248,639 $94,923 $1,343,562
RIGHT OF WAY
323041110-5411120-299823766 $598,361 ($94,923)$503,438
(transferred to Section V 299823786)
UTILITIES
323041110-5414510-299823766 $50,000 $50,000
SIGNAL
323041110-5414610-299823766 $5,000 $5,000
CONTINGENCY
323041110-6011110-299823766 $4,500 $4,500
TOTAL USES: $1,907,500 $1,907,500
2 of 2 10/3/2011
Attachment number 1 \nPage 2 of 2
Item # 2
(SA02 – For changes greater than $20,000) March 2010
AUGUSTA, GEORGIA
EGIEERIG DEPARTMET
SUPPLEMETAL AGREEMET
Augusta Richmond County Project
Number(s): 323-041110-299823766 & 323-041110-299823786
GDOT Number (s): STP00-7007-00 (006) & STP00-1105-00 (004) PI 250610 & 254320
Supplemental Agreement Number: 11
Purchase Order Number: 53296
WHEREAS, We, Jacobs Engineering Group Inc., Consultant, entered into a contract with Augusta-
Richmond County on June 27, 2001, for engineering design services associated with the improvements
to Windsor Spring Road Improvements Section IV & Section V, projects STP00-7007-00 (006) & STP00-
1105-00 (004), File Reference No. 12-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by
the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit:
Addition and relocation of median openings, incorporate new developments and update plans to
current GDOT Erosion Control guidelines, incorporate Restoration and Revegetation Plan as mandated
EPD, and update the Air Quality Impact Assessment as part of the environmental document.
It is agreed that as a result of the above described modifications the contract amount is increased by
$94,923 from $2,633,170.71 to a new total of $2,728,093.71.
Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in
no way modifies or changes the original contract of which it becomes a part, except as specifically stated
herein.
NOW, THEREFORE, We, Jacobs Engineering Group Inc., Consultant, hereby agree to said Supplemental
Agreement consisting of the above mentioned items and prices, and agree that this Supplemental
Agreement is hereby made a part of the original contract to be performed under the specifications
thereof, and that the original contract is in full force and effect, except insofar as it might be modified by
this Supplemental Agreement.
This day of , 2012.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY JACOBS ENGINEERING GROUP INC.
AUGUSTA, GEORGIA
Mayor Deke S. Copenhaver
Approved Date: Approved Date:
[ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
Attachment number 2 \nPage 1 of 1
Item # 2
Attachment number 3 \nPage 1 of 5
Item # 2
Attachment number 3 \nPage 2 of 5
Item # 2
Attachment number 3 \nPage 3 of 5
Item # 2
Attachment number 3 \nPage 4 of 5
Item # 2
Attachment number 3 \nPage 5 of 5
Item # 2