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Home My WebLink About2018-04-24 Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 4/24/2018 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and Frantom, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Ms. Sameera V. Thurmond regarding a request that the Engineering Department study the traffic situation that occurs on Camilla Street. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the Traffic Engineer for investigation and a recommendation back to the next committee meeting. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 2. Adoption of the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 17-04-3443P, Effective May 2, 2018. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 3. Approve ESD to utilize the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup and to authorize the Administrator and Mayor to execute Agreements and Required Documents. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 4. Approve engineering for N. Max Hicks Water Treatment Plant Reservoir Dam Improvements. The Safe Dams Program has provided direction on repairs and improvements that need to be made and is requiring that those improvements be completed by April 19, 2019. We would like to move forward with this work as quickly as possible to ensure we can complete it ahead of the deadline. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 5. Motion to approve the minutes of the Engineering Services Committee held on April 10, 2018. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 6. Motion to determine that Richmond Lane, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item back to the next committee meeting. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 7. For Information Only: Applications are now available for citizens and civic groups for the “Adopt-A-Spot” Program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 8. Motion to approve the adoption of Resolution of Support of a Goal of 100% Clean Energy by 2050. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to refer this item back to the next committee meeting with discussion among Mr. Utley, Dr. Malik, representatives from Augusta University and Commissioner Ben Hasan Commisioner Sean Frantom Passes Paine College and Blue Ridge. Motion Passes 4-0. 9. Approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance as requested by AED. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes www.augustaga.gov Engineering Services Committee Meeting 4/24/2018 1:15 PM Attendance 4/24/18 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST F'ORM commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: Second and rast Tuesdays of each month - 1:00 [.m. commission/committee: (please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Date of Meeting Date of Meeting Date of Meeting Date of Meetingv Engineering Services Committee Date of Meeting*-t*--*t? ry-/O-/tFinance Committee Date of Meeting Contact Information for IndividuaUpresenter Making Request: O-m e <.a/f;v/- Telephone Number: Fax Number: *7o 1- 7 t- Czt Caption/Topic of Discussion to be placed on the Agenda: I should like to propose that the Engineering Dept. study the trafficking that occurs on Camilla Street. Camilla terminates at Davis Road. I use this street quite often and know that for a small street, it bears a great deal of traffic. This high trafficking causes potholes periodically. The potholes are filled only to re-emerge. Once the study is completed, I feel secure that it will lead my second proposalto provide permanent high-quality grading so that the thoroughfare is not as prone to degrade as quickly as it does with temporary filling. Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Buitding 535 Telfair Street Augusta, GA 30901 Telephone Number: 706-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentations. Engineering Services Committee Meeting 4/24/2018 1:15 PM Sameera V. Thurmond Department:Clerk of Commission Presenter: Caption:Ms. Sameera V. Thurmond regarding a request that the Engineering Department study the traffic situation that occurs on Camilla Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 4/24/2018 1:15 PM Adoption of Letter of Map Revision (LOMR) 17-04-3443P Department:Planning & Development Presenter:Terri Turner Caption:Adoption of the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 17-04-3443P, Effective May 2, 2018. Background:A Letter of Map Revision (LOMR) is FEMA’s modification of a Flood Insurance Rate Map(FIRM). Because a LOMR officially revises the FIRM and the Flood Insurance Study (FIS), the flood hazard updates shown within the LOMR are used to rate flood insurance policies and enforce flood insurance and development requirements from the effective date of the LOMR going forward. In February of 2017, Southern Partners, on behalf of Coel Development Company, prepared a LOMR based on a detailed flood study (hydraulic analysis, hydrologic analysis and updated topographical data) of three tributaries of Butler Creek - Tributaries A, B, and C - that lie along the southern boundary of the future development area of Haynes Station subdivision. Haynes Station is located off Gordon Highway between Fort Gordon Gates 1 and 2. Analysis:The study resulted in a 3,400-foot long section of Butler Creek Tributary A being reclassified from a Zone A to Zone AE, with Base Flood Elevations (BFEs), a 610-foot long section of the Butler Creek Tributary B being reclassified from a Zone A to Zone AE, with Base Flood Elevations (BFEs), and a 810-foot long section of Butler Creek Tributary C being reclassified from a Zone A to Zone AE, with Base Flood Elevations (BFEs). All three tributaries are located on Flood Insurance Rate Map (FIRM) 13245C 0085F which will reflect the new flood hazard boundaries along these sections of the Butler Creek. The study also revised the Flood Insurance Study (FIS) report for Butler Creek Tributaries A, B, And C. The changes do not have any negative impact on the parcels adjoining the creek. The LOMR was advertised, as required by the National Flood Insurance Program (NFIP), in the Augusta Chronicle January 18, 2018 and January 25, 2018. Financial Impact:The financial impact is minimal and involves staff time to incorporate digital data into Augusta’s GIS that reflect the revisions to the FIRM. Alternatives:If the Letter of Map Revision (LOMR) is not adopted, the City will fall out of compliance with the National Flood Insurance Program (NFIP) minimum standards. Sanctions and/or suspension are options that could be exercised by FEMA, resulting in property owners City-wide not having the ability to purchase federally-backed flood insurance Recommendation:Adoption of the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 17-04-3443P, Effective May 25, 2018. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Local Government Scrap Tire Abatement Reimbursement Application RIGHT-OF-WAY CLEANUP I. APPLICANT INFORMATION County/Municipality/Authority: Federal tax ID#: Project manager name (contact for questions about the application/project): Title: Email: Phone: II. RIGHT-OF-WAY INFORMATION Site name (e.g., all ROWs in county, or smaller boundary, such as name of neighborhood or political district): Estimated # of scrap tires: Passenger: Truck: Total #: Total PTE: Estimated cleanup cost: $ If it is determined that the project’s cost will exceed the approved amount of funding, the applicant must submit a written request to EPD for additional funds. List all locations where scrap tires will temporarily be stored while awaiting transport to a processing facility after being removed from the right-of-way: Is the temporary storage site or sites approved/permitted by EPD to store scrap tires? ☐ Yes – List the approval/permit number(s): ☐ No – Site(s) must be approved/permitted by EPD before execution of the contract Tire carriers and scrap tire processors you plan to use and their permit/approval numbers. For permitted tire carriers and permitted/approved processors, visit epd.georgia.gov/scrap-and-used-tires. Tire carrier name: Permit#: Tire carrier name: Permit#: Scrap tire processor name: Permit/Approval#: Scrap tire processor name: Permit/Approval#: III. ACKNOWLEDGEMENTS Yes No N/A Permitted tire carriers and permitted/approved processors will be used. ☐ ☐ ☐ Procurement of contractors will follow current city/county procurement policy. ☐ ☐ ☐ Appropriate safety measures will be used while performing scrap tire abatement. ☐ ☐ ☐ Liability waivers will be completed. ☐ ☐ ☐ If there are any changes in the project after the execution of the agreement, awardee will notify EPD in writing (e.g., changes in the estimated cost of cleanup, location of temporary storage sites, carriers/processors, project start/end date). ☐ ☐ ☐ Scrap tire removal will begin within 90 days of executed agreement date. ☐ ☐ ☐ Final report, reimbursement request, and other required documents will be submitted to EPD within 30 days of completing the project. ☐ ☐ ☐ EPD Use Only – Project ID#: ____________________ Rev. 10/17 IV. AUTHORIZATION I, the undersigned authorized representative, certify that to the best of my knowledge, the information contained herein is true and correct. Signature: Date: Print name: Title: Address: City: State: GA ZIP: Send completed application and any supporting materials to: Georgia Environmental Protection Division, Land Protection Branch c/o Russell Nix, Recovered Materials Unit Manager 4244 International Parkway, Suite 104 Questions? Call EPD at 404-362-2537 Atlanta, GA 30354 PLEASE ALLOW 90 DAYS FOR PROCESSING Local Government Scrap Tire Abatement Reimbursement Application DUMP SITE CLEANUP I. APPLICANT INFORMATION County/Municipality/Authority: Federal tax ID#: Project manager (contact for questions about the application/project): Title: Email: Phone: II. DUMP SITE INFORMATION Site name: Address: City: County: ZIP: Estimated # of scrap tires: Passenger: Truck: Total #: Total PTE: Estimated cleanup cost: $ If it is determined that the project’s cost will exceed the approved amount of funding, the applicant must submit a written request to EPD for additional funds. Proposed start date: Proposed end date: Complete and attach a Scrap Tire Dump Reporting Form for this site (found at: epd.georgia.gov/scrap-and- used-tires). Is the property owner known? ☐ Yes ☐ No – Briefly describe the steps taken to identify the owner (e.g., search of property records): Did the property owner place the tires (or allow them to be placed) on the property? ☐ Yes ☐ No – Attach a letter signed by the property owner stating that he or she did not place the tires (or allow them to be placed) on the property and is, therefore, a victim of illegal dumping Is the property owner financially able to remove and properly dispose of the tires? ☐ Yes ☐ No – Attach a letter signed by the property owner stating his or her financial inability to remove the tires Attach appropriate documentation of enforcement actions (citation, etc). If the site is located on private property, briefly describe how legal access to the site will be obtained: EPD Use Only – Project ID#: ____________________ Rev. 10/17 Provide details about the difficulty of the project, if applicable (e.g., steep ravines, thick vegetation, no access road, wetlands), how issues will be addressed and how this may affect the cost: Tire carriers and scrap tire processors you plan to use and their permit/approval numbers. For permitted tire carriers and permitted/approved processors, visit epd.georgia.gov/scrap-and-used-tires. Tire carrier name: Permit#: Tire carrier name: Permit#: Scrap tire processor name: Permit/Approval#: Scrap tire processor name: Permit/Approval#: III. ACKNOWLEDGEMENTS Yes No N/A Permitted tire carriers and permitted/approved processors will be used. ☐ ☐ ☐ Procurement of contractors will follow current city/county procurement policy. ☐ ☐ ☐ Appropriate safety measures will be used while performing scrap tire abatement. ☐ ☐ ☐ Liability waivers will be completed. ☐ ☐ ☐ If there are any changes in the project after the execution of the agreement, awardee will notify EPD in writing (e.g., changes in the estimated cost of cleanup, carriers/processors, project start/end date). ☐ ☐ ☐ Scrap tire removal will begin within 90 days of executed agreement date. ☐ ☐ ☐ Final report, reimbursement request, and other required documents will be submitted to EPD within 30 days of completing the project. ☐ ☐ ☐ IV. AUTHORIZATION I, the undersigned authorized representative, certify that to the best of my knowledge, the information contained herein is true and correct. Signature: Date: Print name: Title: Address: City: State: GA ZIP: Send completed application and any supporting materials to: Georgia Environmental Protection Division, Land Protection Branch c/o Russell Nix, Recovered Materials Unit Manager 4244 International Parkway, Suite 104 Questions? Call EPD at 404-362-2537 Atlanta, GA 30354 PLEASE ALLOW 90 DAYS FOR PROCESSING Guidelines for the EPD Local Government Scrap Tire Abatement Reimbursement Program The Local Government Scrap Tire Abatement Reimbursement Program covers the costs of removing, transporting, and processing scrap tires cleaned up from identified, state-listed scrap tire dumps; removed from city and county right-of-ways; and collected during scrap tire amnesty events. Funding for the program is provided by the Solid Waste Trust Fund and is based on the availability of funds. Projects will be funded first come, first served, contingent on funding availability and demand. Submission of a completed application does not guarantee that a project will be selected for reimbursement. Applicants to the program must comply with all applicable procurement and purchasing regulations established pursuant to state law. To apply, please complete a Local Government Scrap Tire Abatement Reimbursement Program application. If your application is to clean up one or more traditional dump sites, please submit a Tire Dump Inspection Form for each site along with your application (this form is not required for right-of-way cleanups or amnesty events). The form and applications can be found at epd.georgia.gov/scrap-and-used-tires. Important: Please note that any work related to the scrap tire abatement project performed prior to the execution of the agreement and prior to the applicant receiving written notice from EPD to proceed may not be eligible for reimbursement. General Funding Guidelines Eligibility Information Guidelines for Submitting Applications Applications will be accepted on an on-going basis. As part of the review process, EPD will discuss any changes that might be needed with the applicant. When approved, EPD will send a contractual agreement to the local government authority. The project is approved for implementation once the local government receives a fully executed copy of the agreement. Please allow 45 days for your application to be processed. Applications may be denied based on the following: • Abatement of scrap tire dumps is proposed to occur where enforcement action has not yet been taken by the local government to compel the party or parties responsible to clean up the site (does not apply to right-of-way cleanups or amnesty events) • Abatement of scrap tires is proposed to occur at businesses operating in the community (e.g., tire retailers, commercial trucking companies, fleet operators, etc.), unless it is determined through an enforcement action that the property owner is unable to clean up the tires • Inclusion of administrative costs to be incurred by the local government in providing oversight of the scrap tire abatement project(s) • Applicant deliberately provided false information in order to obtain the scrap tire abatement reimbursement funds • The scrap tire abatement reimbursement application does not meet the eligibility criteria • Applicant does not possess the required local, state, or federal permits necessary to conduct the proposed activity • Applicant is in violation of environmental laws, regulations, or permits (including those governing scrap tire storage) • Temporary storage of scrap tires removed from right-of- ways or collected during amnesty events is proposed to occur at a location not permitted/approved by EPD to store scrap tires or the number of scrap tires proposed for storage exceeds the permitted/approved limit (storage sites are subject to inspection by EPD) • Insufficient funding available from the Solid Waste Trust Fund Eligibility Criteria 1. Applicants must be a local government (city, county, or solid waste authority) 2. The scrap tire site(s) must be located in Georgia 3. Permitted tire carriers and permitted or approved scrap tire processors must be used for the scrap tire abatement activities 4. Appropriate and necessary safety measures (e.g., personal protective equipment) must be employed at all times during the scrap tire abatement activities Activities Eligible for Reimbursement Scrap tire abatement activities are eligible where: 1. The property owner is either financially unable to clean up the tires, or 2. The property owner is unknown, or 3. The local government has determined that the property owner is a victim of illegal dumping, or 4. The scrap tires are located on a city or county right-of-way, or 5. The scrap tires have been collected during a scrap tire amnesty day event sponsored by the local government. The Georgia Environmental Protection Division is committed to cleaning up scrap tires around the state and encourages local governments to assist with this effort by applying to the Local Government Scrap Tire Abatement Reimbursement Program. Cities, counties, and solid waste management authorities are eligible for this program, which is funded by the Solid Waste Trust Fund. Reimbursement Process & Requirements All funding will be provided based on the reimbursement of actual costs. The applicant is responsible for maintaining and providing documentation of all costs incurred. Scrap Tire Amnesty Events Scrap tires may only be collected on dates proposed in the approved application and following the execution of the agreement. The awardee agrees to submit a request for reimbursement and final report containing the information listed below to EPD within 90 days of the event. Right-of-Way Projects Removal of scrap tires may begin upon execution of the agreement and should begin within 90 days of the date of the agreement. The agreement will terminate 12 months from the date signed by the EPD Director or 90 days after completion of the project. The awardee agrees to submit quarterly requests for reimbursement to EPD, or on another schedule agreed to by both parties, and to submit a final report and request for reimbursement within 30 days of completing the project. The report should include the information listed below. Dump Site Projects The awardee agrees to begin removal of the scrap tires within 90 days of the date of the agreement. The agreement will terminate 12 months from the date signed by the EPD Director or 90 days after completion of the project. The awardee agrees to submit a request for reimbursement and final report containing the information listed to the right to EPD within 30 days of completing the project. Required Report Information • A completed final report form (available from epd.georgia. gov/scrap-and-used-tires) signed by the authorized local government representative that includes the certification statement, “I certify that all abatement activities required in the agreed upon contract and any amendments thereto contracts for this project have been carried out in accordance with the documented application, as well as all applicable federal, state and local laws, rules and regulations. I am aware that there are significant penalties for knowingly violating these and/or submitting false information, including fines, loss of certification or licensure, and imprisonment.” • Digital images at least 300 dpi, no larger than 5 MB, and in one of the following formats: JPG, PNG, TIF »Scrap tire amnesty events: One or more photos taken during event »Right-of-way projects: One or more photos taken during cleanup or at storage site »Dump sites: Photos taken before, during and after cleanup • Itemized list of expenses • Description of any problems encountered and how they were handled • Number of volunteers participating (if applicable) • Names and permit/approval numbers of carriers and processors used, if different from those in the application • Copies of all itemized contractor invoices showing the number and/or tons of tires removed by type (e.g., passenger, truck, other) • Copies of all checks showing the amount paid to each contractor • Copies of all transportation manifests and weight tickets Eligible Costs Costs that are eligible for reimbursement consist of expenses directly related to the approved scrap tire abatement project. Eligible costs include, but are not limited to: • The cost of accessing and loading the scrap tires • The cost of transporting the scrap tires by a permitted tire carrier to a permitted or approved scrap tire processor • The cost of processing the scrap tires at a permitted or approved scrap tire processor • Purchases of equipment/supplies essential to completing the scrap tire abatement project, such as personal protective gear (does not include heavy equipment or large power tools) Ineligible Costs Costs that are not eligible for reimbursement include, but are not limited to: • Overhead expenses (e.g., costs for accounting/budget/ finance staff, rental/lease of space, utilities, copying, office supplies, advertising) • Purchase of non-essential equipment and items unrelated to the scrap tire abatement project • Fines or penalties due to violation of federal, state or local laws, ordinances or regulations • Purchase of items that would violate the gratuities clause of the state constitution • Costs associated with the cleanup of items other than tires (e.g., e-waste, construction/demolition debris, white goods, solid waste) Mail reports, supporting documents, and requests for reimbursement to: Georgia Environmental Protection Division - Land Protection Branch c/o Russell Nix, Waste Reduction Unit Manager 4244 International Parkway, Suite 104 Atlanta, GA 30354 Email photos to: recycle@dnr.ga.gov Please reference the site or event name and your EPD-assigned project ID# in the email. Questions? If you have questions about the application or reimbursement process, please call EPD at 404-362-2537. Please allow 45 days for your application to be processed. Engineering Services Committee Meeting 4/24/2018 1:15 PM Approve ESD to utilize the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup and to authorize the Administrator and Mayor to execute Agreements and Required Documents. Department:Environmental Services Presenter:Lori Videtto Caption:Approve ESD to utilize the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup and to authorize the Administrator and Mayor to execute Agreements and Required Documents. Background:Augusta has had an ongoing issue with the illegal dumping of scrap tires. ESD has collaborated with the Marshal’s Office to remove tires illegally dumped on property as well as from the right-of-way. In addition, ESD provides community cleanup programs in which illegally dumped tires are collected and removed. These activities have been successful in getting thousands of scrap tires off the street and off resident’s property, however, the ongoing issue of the proper disposal and cleaning up the illegal dumping of scrap tires continues. According to the Guidelines as set forth by the EPD, eligible entities include cities, counties, and solid waste management authorities. Last year ESD received approval to participate in the Georgia EPD Local Government Scrap Tire Abatement Reimbursement Program for the quarterly Tire Amnesty Events. The EPD Program not only provides reimbursement for local government sponsored scrap tire amnesty events but also for the cleanup of tires illegally dumped on property and on the right-of-way. The EPD Scrap Tire Program allows for the reimbursement of eligible expenses directly related to an approved abatement project. Analysis:Scrap tire abatement project activities that are eligible for reimbursed by the Solid Waste Trust Fund for dump site cleanup are properties were the owner is financially unable to clean up, the property owner is unknown, or the property owner is a victim of illegal dumping. Eligible activities for the right-of-way cleanup is where the scrap tires are located on a city or county right-of-way. The removal of illegal dumped tires from property and removal from the right-of-ways are activities that ESD administers, therefore, this program would provide some reimbursement for the activity expenses. The applications and agreements are required to be signed by an “authorized local government representative” and as such, approval for this is requested so that ESD may proceed and recover the monies invested in these activities. Financial Impact:In 2017, ESD collected, removed, and disposed 2,410 illegally dumped tires at an estimated landfill ticket cost of $6,087.29. ESD also provided removal of 911 illegally dumped tires from our 2017 community cleanup programs at an estimated landfill ticket cost of $1,155.05. In addition, the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup also allows reimbursement of eligible costs including the cost of accessing and loading the scrap tires, the cost of essential safety equipment and supplies, the cost of transportation, and the cost of processing the scrap tires. Alternatives:1. Do not approve the reimbursement request program. Recommendation:Approve ESD to proceed with applying for the reimbursement program for Dump Site and Right-of-Way Cleanup, and authorize the Administrator and Mayor to execute the associated agreements and application paperwork. Funds are Available in the Following Accounts: No funds are required at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 4/24/2018 1:15 PM Engineering For N. Max Hicks Water Treatment Plant Reservoir Dam Improvements Department:Utilities Presenter:Tom Wiedmeier Caption:Approve engineering for N. Max Hicks Water Treatment Plant Reservoir Dam Improvements. The Safe Dams Program has provided direction on repairs and improvements that need to be made and is requiring that those improvements be completed by April 19, 2019. We would like to move forward with this work as quickly as possible to ensure we can complete it ahead of the deadline. Background:The Hicks Reservoir Dam was constructed in 2005 to create a water storage facility at the N. Max Hicks Treatment Plant, which was put into service at the same time. Water is pumped from an intake on the Savannah River and transported to the reservoir for raw water storage until it flows by gravity to the water plant for treatment and final distribution to the City's potable water system for consumer use. The State of Georgia has determined that the dam meets the requirements to fall under the Georgia Safe Dams Act of 1978, which is administered by the Safe Dams Program. The Safe Dams Program has determined that the slope of the dam is in need of removal of unwanted vegetation, improved grassing and repair of some erosion damage. The Safe Dams Act requires that the grassing and erosion issues be repaired under the design and direction of a qualified engineer. We have requested and received the attached proposal from Cranston Engineering to perform this work. Cranston Engineering is the only local firm with engineers designated as Qualified Engineers of Record by the Safe Dams Program. Analysis:We have reviewed the attached proposal from Cranston Engineering and determined that it is reasonable for the work to be performed. The proposed cost of this work is $49,925.00. We have previous experience with this firm and are confident in their ability to perform the work required. Financial Impact:$49,925.00 from budgeted funds. Alternatives:No practical alternatives Recommendation:We recommend approval of the proposal in the amount of $49,925.00 from Cranston Engineering for this work as described in the attachment. Funds are Available in the Following Accounts: 506043540-5213119 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting Commission Chamber - 411012018 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and Frantom, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Motion to approve establishing a subcommittee consisting of Commissioner Item Hasan, Administrator's Office, Code Enforcement, the Warden and Action: Environmental Services to develop a strategy using a Demolition Inmate Approved Work Crew to assisVaugment the current demolition activities of unsafe and uninhabitable houses throughout the city. (Approved by Engineering Services Committee March 13,2018 - referred from March 20 Commission meeting) Made Seconded MotionBy By Result The Chainnan appointed the sub- committee with direction to come back with a report to the committee. 2. Consider approving an Easement Deed, from Graphic Packaging International, Item for a permanent access easement and three temporary construction easements. Action: Approved Motions ryJ:"" Motion Text Made By Seconded By Motion to ^ dDDrove.APProve Motion passes 4-0. Motions f#:"' Motion rext Motion Result Commissioner Ben Commisioner Sean passesHasan Frantom 3. Approve Award of Bid #17-268 for the construction of the Highlands Water Treatment Plant Filter Modification and PAC System to Rehab Construction Company, Inc. Item Action: Approved Motions r#:" Motion rext Made Bv Motion to ^ zDDrove.APProve vtotio, passes 4-0. Commissioner Ben Commisioner Sean passesHasan Frantom Seconded By Motion ResuIt Motion ResuIt Motion Result 4. Motion to approve the minutes of the Engineering Services Committee held on ltem March 13,2018. Action: Approved Motions l'JJ:" Motion Text Made By seconded By Motion to ^ dDDrove.APProve vtotion passes 4-0. 5. Approve and authorize the Augusta Engineering Department (AED) to purchase ltem 13.53 Wetland mitigation credits at a total cost of S139,156.05 ($10,285 per Action: mitigation credit) from the AA Shaw, LLC (AA Shaw Wetland Mitigation Approved Bank) to mitigate wetland impacts as determined necessary by the US Army Corps of Engineers in regards to the Hiers Pond/Lake Aumond Dredging Project. Commissioner Ben Commisioner Sean passesHasan Frantom Motions f#:" Motion Text Made By seconded By Motion to ^ dDDrove.APProve uotion passes 4_0. Commissioner Ben Commissione:Hasan Grady Smith ' Pu""' 6. Mr. Ron Barnard regarding city water being turned off frequently in his neighborhood by private plumbers resulting in expensive plumbing repairs for his residence. Motions Motion Item Action: None Made Seconded Motion Type Motion Text By By Result It was the consensus of the Committee that this item be received as information with Commissioner Frantom and CiE staff to meet with the Condominium Association to work on resolving the problem. 7. Consider approving Norfolk Southern Activity No. 1256368 Crossing ItemAgreement. Action: Approved Motions X:t1" Motion Text Made By Seconded By MotionrYPe Result Motion to Approve approve. Commissioner Commissioner B., purr.,- -rr--'- Motion Passes Grady Smith Hasan 4_0. 8. Ms. Sameera V. Thurmond regarding a request that the Engineering Department Item study the traffic situation that occurs on Camilla Street. Action: None Motions Motion Motion Text Made Seconded MotionType avlvrrvu rvar By By Result Ms. Thurmond did not appear before the Commission. 9. Mr. Charles N. Utley regarding the adoption of a resolution relative to Zero Item Waste and Environmental Democracy. Action: Rescheduled Motions ffit:" Motion Text Made By Seconded By fJr|il Motion to refer this item to the fullDefer ...:rm:*:,xr," ff#Tffffi s:rff#';*' passes Motion Passes 4-0. www.auqustaga.gov Engineering Services Committee Meeting 4/24/2018 1:15 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on April 10, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM Engineering Services Committee Meeting April 24, 2018 Motion to determine that Richmond Lane, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Department: Law Caption: Motion to determine that Richmond Lane, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7- 2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Background: Chase Caldwell has requested that Richmond Lane be closed because it is an alley that is situated between two streets and presently allows public access to his property. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of Richmond Lane is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on May 8, 2017 for this matter. Analysis: In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32- 7-2(b)(1). Financial Impact: Cost of publication and advertisement of public hearing. Alternatives: Approve or deny request to determine that Richmond Lane be abandoned. Recommendation: Approve determination and request for abandonment of Richmond Lane pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are available In Following Accounts: REVIEWED AND APPROVED BY: THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON RICHMOND LANE AS A PART OF THE ROAD SYSTEM OF AUGUSTA- RICHMOND COUNTY; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that Richmond Lane, as shown on the attached plat, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on May 8, 2017 at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on April 27, 2017 and May 4, 2017, and that the property owners located on Richmond Lane were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held May 1, 2018 approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta-Richmond County, Georgia Commission this ______ day of _____________________, 2018. AUGUSTA-RICHMOND, COUNTY, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Engineering Services Committee Meeting 4/24/2018 1:15 PM Motion for Abandonment of Richmond Lane - 2nd Reading Department:Law Presenter:Andrew MacKenzie Caption:Motion to determine that Richmond Lane, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Background:Chase Caldwell has requested that Richmond Lane be closed because it is an alley that is situated between two streets and presently allows public access to his property. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of Richmond Lane is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on May 8, 2017 for this matter. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Richmond Lane be abandoned. Recommendation:Approve determination and request for abandonment of Richmond Lane pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party (ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission ENVIRONMENTAL SERVICES DEPARTMENT KEEP AUGUSTA BEAUTIFUL DIVISION Lori Videtto Edkesha Anderson ESD Director Program Manager Keep Augusta Beautiful A Division of The Environmental Services Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Phone: (706) 312-4125 WWW.AUGUSTAGA.GOV ADOPT-A-SPOT PROGRAM APPLICATION Yes, I want to adopt a spot in Augusta, Georgia I would like to renew my current adopted location. (Please provide Clean-Up Reports and Annual Agreement.) Date: First Name: Last Name: Address: City: State: Zip: Home Phone: Cellphone: Email: Group Affiliation, If Any: If you are a member of a group, are you the group’s spokesperson? Yes No Name to be placed on Sign: Note: Sign installation will occur up to 60 days AFTER 2 reported cleanups. I would like to adopt/renew the following location(s) if available. (Please be specific.) Signature: Date: Return Application to: Keep Augusta Beautiful Attention: Adopt-A-Spot 535 Telfair Street, Building 3000 Augusta, GA 30901 Keep Augusta Beautiful A Division of The Environmental Services Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Phone: (706) 312-4125 WWW.AUGUSTAGA.GOV IMPLEMENTATION PLAN 1. What type of spot are you adopting? Street Park Traffic Circle Traffic Median City Owned Lot Other 2. What are your plans for your adopt-a-spot? __________________________________ 3. Describe the location of your adopt-a-spot (provide a GIS map with location indicated). a. 1st Choice Location _________________________ b. 2nd Choice Location _________________________ c. 3rd Choice Location __________________________ 4. Will you need supplies for your cleanup events? _____________ 5. If so, How often will you perform cleanup events? __________________________ 6. Will there be planting in your spot? Yes No REQUIRED FORMS 1. ADOPT-A-SPOT APPLICATION 2. ADOPT-A-SPOT IMPLEMENTATION PLAN 3. GIS MAP OF LOCATION 4. RELEASE,WAIVER, HOLD HARMLESS, & INDEMNITY AGREEMENT (required for each participant) FOR OFFICE USE ONLY: Date Application Received: __________ Area Assigned: _________________________ Liability Waiver Attached: [ ] Yes [ ] No Safety Recommendations Provided: [ ] Yes [ ] No Application Processed by: ___________ ENVIRONMENTAL SERVICES DEPARTMENT KEEP AUGUSTA BEAUTIFUL DIVISION Lori Videtto Edkesha Anderson ESD Director Program Manager Keep Augusta Beautiful A Division of The Environmental Services Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Phone: (706) 312-4125 WWW.AUGUSTAGA.GOV ADOPT-A-SPOT PROGRAM GUIDELINES The Adopt-A-Spot program was created to meet a need of our community. The program allows volunteers to keep a portion of public areas beautified and properly maintained. Volunteers are allowed to adopt a spot that is important to them, their families, and their community. All public spaces are eligible for adoption such as: traffic islands, medians, and city owned lots, streets, and parks. Applicants should adhere to the following guidelines and Safety rules: 1. An application must be completed, indicating all relevant contact information, group information if you are volunteering as part of a group, program selection and right-of way selection. The selection of a public area should be precise and clearly identifiable. Please include a map depicting the location you have chosen and its boundaries. Submit the completed application and map to Keep Augusta Beautiful, 535 Telfair Street, Building 3000, Augusta, GA 30901. 2. Each volunteer must sign and complete the Release, Waiver, Hold Harmless, and Indemnity form. ONLY volunteers with a completed form on file will be allowed to participate in any activities surrounding your adopted location. All new volunteers must sign and complete the form prior to picking up cleaning supplies. 3. All volunteers under the age of 18 are required to have a parent/guardian complete their Release, Waiver, Hold Harmless, and Indemnity form. Volunteers under the age of 15 must be accompanied by adult supervision. 4. Applicants are required to clean their specified location at least once monthly. 5. Applicants must commit to cleaning their specified location for a minimum of 1 year. At least 3 months prior to the end of your 1 year commitment, a renewal application will be required. 6. Major events surrounding the cleaning of your location which could produce a significant amount of trash and debris should be coordinated with Keep Augusta Beautiful for removal. 7. The safety of all applicants/groups/individuals is paramount. All applicants/groups/individuals are expected to follow all safety guidelines and practice safe habits at all times. 8. If you cannot keep your adoption commitment, you are required to inform Keep Augusta Beautiful. Your spot will become eligible for another applicant/group/individual. Keep Augusta Beautiful A Division of The Environmental Services Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Phone: (706) 312-4125 WWW.AUGUSTAGA.GOV 9. Applicants are required to report their cleanup after each cleanup by clicking the “Report Your CleanUp” link located on the Keep Augusta Beautiful website. If a hard copy of the report is needed, please coordinate with Keep Augusta Beautiful to obtain prior to your clean up. All hard copies are expected to be returned no later than 48 hours after the completion of your cleanup. Adopt-A-Spots are inspected regularly and group leads will be notified of any problems in the adopted area. Augusta, GA reserves the right to preserve the integrity of the public right-of-way limiting the amount of adoptable spots in any given area. SAFETY GUIDELINES The following are safety guidelines for the Adopt-A-Spot Program. All groups and individual volunteers are urged to consider them accordingly: 1. Hold safety meetings with group prior to litter pick-up activities. 2. Carpool to litter pick-up area, if possible, to keep vehicles to a minimum. 3. Park vehicles away from roadways. 4. Keep work group to a manageable size relative to the size of the location you have selected. 5. Closely supervise youth. Volunteers age 15 and under should be discouraged from collecting litter in streets. 6. Keep sight of all participants and be aware of your surroundings at all times. 7. Stay clear of construction zones. 8. Do not remove hazardous materials found on the site. Call 311 or 911. 9. Do not work during inclement weather, hours of darkness, or hours of peak traffic. 10. Consider bringing plenty of water when working in hot temperatures and pace yourself. 11. Be aware of possible contact with poisonous plants, stinging insects, fire ants, snakes and rodents. 12. Consider the possibility of any participant’s known allergies prior to litter pickup. 13. Do not allow participants to partake of, possess, or distribute alcoholic beverages while involved in beautifying the work area. 14. Make participants aware that they are working in a potentially dangerous environment and caution them to act accordingly. 15. Use gloves and protective clothing and urge all participants to do so. 16. Never place your back towards traffic, always face traffic. 17. Safety cones may be required at certain adopted locations. 18. Consider bringing a First Aid Kit to the adopted location. ENVIRONMENTAL SERVICES DEPARTMENT KEEP AUGUSTA BEAUTIFUL DIVISION Lori Videtto Edkesha Anderson ESD Director Program Manager Keep Augusta Beautiful A Division of The Environmental Services Department 535 Telfair Street, Building 3000 Augusta, GA 30901 Phone: (706) 312-4125 WWW.AUGUSTAGA.GOV RELEASE, WAIVER, HOLD HARMLESS, & INDEMNITY AGREEMENT IN CONSIDERATION OF THE VOLUNTEER being able to serve as a volunteer for the Augusta, Georgia Government (Augusta) in any activity which includes participation in Keep Augusta Beautiful’s Adopt-A-Spot program or any other volunteer program created by Augusta for the maintenance, improvement or work in or upon its facilities or right of way, or any other related activity (hereinafter, “Covered Volunteer Activities”), I, , the undersigned Volunteer, or the undersigned guardian of a Volunteer, on behalf of myself and any personal representatives, assigns, heirs or next of kin do hereby freely, willfully, and without duress execute this Agreement under the following terms on this day of , 20 : 1. WAIVER, RELEASE AND INDEMNITY: I hereby release and forever discharge and hold harmless Augusta, it’s elected officials, officers, employees, board members, and agents and their successors and assigns (hereinafter “the Releasees”) from any and all liability and claims, demands, rights of action, or actions, of whatever kind of nature, either in law or equity, which arise or many hereafter arise from the Covered Volunteer Activities. I understand and acknowledge that the execution of this Release discharges and will discharge the Releases from any liability or claim that the Volunteer may have against Releasees with respect to any bodily injuries, illnesses, death, or property damage and are not obligated in any way to provide financial assistance or other assistance including but not limited to medical, health, or disability or liability insurance, in the event of injury, illness, or death, and all volunteers are expected to have their own liability and medical insurance which covers them during participation in all Covered Volunteer Activities. I agree to held harmless and indemnify Augusta from any legal matter, lawsuit, or litigation, arising from this volunteer relationship. 2. MEDICAL TREATMENT: I do hereby further release and forever discharge the Releases from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Covered Volunteer Activities. 3. ASSUMPTION OF THE RISK: I recognize that the Covered Volunteer Activities may include but not be limited to, intently hazardous activities such as picking up trash and debris along public road and streets, construction, loading and unloading, and transportation to and from the work sites. I hereby expressly and specifically assume the risk of injury or harm in these situations and release and discharge the Releasees from and waive any and all liability for any injury, illness, death, or property damage resulting from Covered Volunteer Activities. 4. WAIVER OF RIGHTS TO IMAGES: I hereby waive and release in favor of Augusta any and all rights, title, or interest in any and all photographic images and/or video or audio recordings of me made by Releasees during the Covered Volunteer Activities. I release Augusta from any expectation of confidentiality for myself and any minor children listed. I acknowledge that my participation in this Adopt-A-Spot program is voluntary and that neither the minor children nor I will receive financial compensation. 5. ADULT SUPERVISION: I hereby acknowledge that if I am signing this release on behalf of someone under the age of fifteen, I will insure that they have adequate adult supervision throughout his or her participation in Covered Volunteer Activities. I understand this is the complete and only agreement between the parties with respect to Covered Volunteer Activities and does not constitute any type of employment relationship between the parties. This Release is intended to be as broad and inclusive as permitted by the laws of the State of Georgia. If any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions hereof which shall continue to be enforceable. Volunteer Name: _________________________________ Age: ________ Address: _________________________________________________ Phone: ____________________ Cell Phone: __________________________________ Email Address: __________________________ Emergency Contact: ____________________________ Phone: ____________________________ I hereby execute this Release, Waiver, Hold Harmless, & Indemnity Agreement as of this day of , 20 . Volunteer: __________________________________ Witness: _______________________________ Signature Signature PARENT OR GUARDIAN, PLEASE COMPLETE THE INFORMATION BELOW IF THE VOLUNTEER IS UNDER 18 YEARS OLD. Parent or Guardian ____________________________________ Age: ___________ Address: ________________________________________________ Phone: ____________________ E-mail: _________________________________ I, , the parent or legal guardian of , do hereby execute this Release, Waiver, Hold Harmless & Indemnity Agreement on his/her behalf and consent to his/her participation in the Covered Volunteer Activities as of this day of , 20 . Guardian: ________________________________________ Witness: _________________________ Signature Signature Engineering Services Committee Meeting 4/24/2018 1:15 PM Receive as Information - Keep Augusta Beautiful "Adopt-a-Spot" Program is Available Department:Environmental Services Presenter:Lori Videtto and Edkesha Anderson Caption:For Information Only: Applications are now available for citizens and civic groups for the “Adopt-A-Spot” Program. Background:In efforts to reduce litter and aid in the beautification of Augusta, GA, the Environmental Services Department through the Keep Augusta Beautiful Division has created and will be implementing an Adopt-A-Spot program. The Adopt-A- Spot program will allow citizens and civic groups to care for a specified area of their choosing by providing cleanup efforts, planting, and other forms of service to beautify that area. Public right of ways such as (but not limited to): traffic islands, traffic medians, city owned lots, parks, and streets are eligible for adoption. Analysis:Given the efforts of many in our community and by request of our citizens, The Environmental Services Department has created this program to aid in their efforts. Citizens of Augusta, GA have voiced their concerns for assistance in keeping common areas clean of litter and debris. The Adopt A Spot program will allow citizens to take responsibility for their living areas while receiving assistance from the City through the usage of neighborhood cleanup supplies. Through the Environmental Services Department, clean up supplies such as Trash Bags, Gloves, and Safety Vests will be provided at no charge to the individual and/or group. When available, litter grabbers may also be borrowed. In return, the adopters must provide an after action report on their activities and commit to maintain the area on a regular basis. As spots are adopted, the Keep Augusta Beautiful Division will manage the application process, provide cleanup supplies, and adopter recognition efforts. This program will assist us in creating a “cleaner, greener, and smarter” community. Currently, we have groups awaiting our application roll out and anticipate countless others applying as the program grows. The program application will be available beginning May 1st. The program will be advertised to the public through various written formats (i.e. flyers, billboard ads, website postings, and social media posts). As it grows, word of mouth advertising will also help to increase participation. Financial Impact:The financial impact of this program will be minimal as clean up supplies are currently being offered to neighborhoods as they set dates for their neighborhood cleanups. This program may result in an increase in needed supplies but the return on investment (cleaner, safer, and healthier neighborhoods) will far exceed the additional costs. Signage and recognition of the adopters will be created through either our Engineering Department resulting in additional income for Engineering or a procured private company resulting in increased revenue for a local business. Upon the completion of the Affiliation process, Keep Augusta Beautiful will seek grants and sponsorship opportunities to provide additional revenue for the program. Alternatives:None. Recommendation:Accept this information and endorse the program. Funds are Available in the Following Accounts: No funds are needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Resolution in Support of a Goal of 100%o Clean Enerev bv 2050. A Resolution by the Augusta, Georgia Commission NOW, TI{EREFORE, BE IT RESOLVED, that the Augusta, Georgia Commission endorses the following goal: that Augusta, Georgia establish a transition from fossil fuel-based economy to a 100% clean renewable energy for all energy sectors, including transportation by December 31, 2050 to avoid climate catastrophe, to promote job creation and economic growth, and to protect the Earth for current and future generations from climate catastrophe. Further, Augusta, Georgia adopts a goal to achieve 80Yo clean renewable energy for all energy sectors by December 2030. Approved this _day of ,2018. Hardie Davis, Jr. As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: Apr 02 18, 08:48a bredl utley 7067725558 Zero Waste and Enrrironmental Democracy A Statement by the BIue Ridge Environmental Defense League Concern Citizens of Shell Bluff, Waynesboro, GA Zero llasteforces us to examine our shared responsibililiesfor how we live and to acknowledge the impaet of our actians on those who live around us. The Blue Ridge Environrnental Defense League began twenty-eight years ago with a commitnent to earth stewmdship, environrnental dsmocracy, social justice and communitl empowerment. Since that frst campaign against a high-level nuclear waste dump, we have confronted hazardous waste and rnedical waste incinerators as well as nurnerous regional and rnulti-state solid r,r,aste dumps. BREDL chapters worked in their communities to raise hundreds ofthousands of dollars and wage long public campaigns to rvin victories against very porverful corporations. The principles and commiunent that u,e shared in 1984 are reflected in our goals for Z,ero Waste. Zero Waste advocates face many difficutt choices as they campaign for concepts such as Extended Producer Responsibilit-v- @PR), Clean Production and Cradle-to-Cradle ownership of products and rvaste. The goals of preserving resources and elirninating waste disposal require fundamental shifts in a consume,T economy rooted in exhaction, consumption, wasting and dumping. Corporate interests u,ho profit from the current economic rnodel control the process and have little incentive to adopt new ways of doing business. Changing consumer behavior in a marketplace contaminated with externalized costs presents an even greater challenge. A consumption economy depends on constantly finding new places to dispose of rvaste. Waste companies understand the poiitical process required to identifr those communities r*'here leaders can be convinced to take someone else's garbage. Often the sarne communities that have endured the extraction stage of production are now targeted to get the waste dump. Strip mines in the north and abandoned pine plantations in the south are popular targets. In general, they are rural, poor, minority, or conservative. This leaves them vulnerable to offers of what we have termed "dumping for dollars." Wealthy cities may not notice the extra dollar per ton that is paid to an unknovyrr nrral county where commissioners are anxious about their declining tax base. The megadump is easily sold as economic der.elopment to county oflFrcials with an uneducated, often under-employed, workforce, and a few absentee corporate landowners. Waste companies knou. horv to make this pitch. Every counfy needs a new school. Recycling, waste reduction, resource recovery parks and Extended Producer Responsibility are all essential parts of any campaign for Zero Waste. Out of sight-out of mind landfills are not. Exporting waste to poor communities is not. "Dumping for dollars" is not. We ackno*'ledge the power of grassroots campaigns to create the conditions necessary for change- We support a Zerc Waste rnovement that recognizes both the threats to landfill and incinerator cornmunities and the opportunities to include those communities in the larger efforts essential for success. Our original principles and demands for environmental democracy still apply today. p.3 Apr 02 18, 08:48a bredl utley 7067725558 Blue Ridge Environmental Defense League And the Concern Citizens of Shell Bluff a chapter member, Waynesboro, GA- The Richmond County Neighborhood Association, Augusta, GA Resolution Supporting A GOAL OF 100% CLEAN ENERGY By 2050 AND THE CREATION OF GREEN JOBS. \Mhereas, climate change has increased the global average surface temperature by I.00 degrees Celsius (i.8 degrees Fahrenheit) since 1880;l Vhereas, climate change is expected to increasingly impact temperatures, precipitation and sea level with harmful consequences in corning years; Vhereas, climate change and global average temperature increases are prirnarily due to hu:nan-caused fossil fuels ernissions, including coai, oil and natural gas, according to the United Nations Intergovernmental Panel on Climate Change. National Academy of Science, American Meteorological Society, United States Environmental Protection Agency, United States Department of Defense, and numerous other leading scientific, acadenaic and govemmental authorities bottr in the United States and internationally; Whereas, a final agreement of the United Nations Conference of Parties (COP21), which included the United States and a total of i95 nations, was reached in Paris, France on December 12.2015, that states the aim is to "holding the increase in the global average temperature to well belorv 2 degrees Celsius above preindustrial levels and prusuing effiorts to Iimit the temperature increase to 1.5 degrees Celsius above preindustrial levels" and entered into force on November 4,2016;2) Whereas, scientists have concluded the concentration of carbon dioxide, the leading greenhouse gas, in the Earth's atmosphere is currently and consistently over 400 parts per million Gpm) and will likely stay above this level for the indefinite future for the first time in millions of years; a Whereas, sixteen of the seventeen hottest years on record have occured in the twenty-first cenhrr;z and 20i6 is the hottest year on record; s Whereas, an increase in the global av€rage temperature, if not stopped, will have major adverse impacts on both the natural and human-rnade environments due to longer, more intense heat w'aves, prolonged droughts, rising sea levels, ocean acidification, and rnore intense and frequent extreme rveather events; Whereas, these physical effects are expected to lead to water scarcity, food insecurity', increasing numbers of refugees, increased poverty, and mass extinctions of species; I https://www.nasa.gov/press-release/nasa-noaa-analyses-revea!-record-shattering-global-warm-ternperatures-in- 201S 2http://newsroom-u nfccc-i nt,/u nfccc-newsroom,/fi n ale.cog2U 3 http ://u nfccc.int/paris_agreement,/iterns/9485.php a http://www.nytimes.com/2016/!0104/science/atmospheric-carbon-dioxide-400-ppm.html s http://www.nytimes.com/2076/t1/1S/science/2016*rottest-year-on-record.html?_rcO p,4 Engineering Services Committee Meeting 4/24/2018 1:15 PM Resolution of Support of a Goal of 100% Clean Energy by 2050 Department: Presenter: Caption:Motion to approve the adoption of Resolution of Support of a Goal of 100% Clean Energy by 2050. Background:The Augusta Commission approved in its meeting to allow the Engineering Services Committee to take this under advisement. Analysis:N/A Financial Impact:N/A Alternatives: Recommendation:N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Revision Summary STRIKE REPLACE [Exhibit B] 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 County Administrator or an authorized representative. Page 3: Local Issuing Authority: Augusta, GA which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized representative 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. Page 9: 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. If the first 1.0 inch of rainfall can be retained onsite then additional water quality treatment is not required. 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 one (1) acre. Page 11: 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. An administrative fee, in the amount of $5.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. Page 15: An administrative fee, in the amount of $15.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. Page 17: Post construction phase shall include water quality controls depicting stormwater management system designed to meet the City MS4 NPDES Permit and associated Stormwater Management Plan stormwater Runoff Quality/Reduction performance standards. The plan shall include specific information regarding maintenance, operation, and delegation of authority for the system. No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the District and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. Page 17: No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the Augusta Engineering Department (per the District agreement) and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. Page 18: Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta Engineering Department will be required. 1 Ordinance No.___________ AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE 7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Augusta, Georgia Code needs to be updated and revised; WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta- Richmond County; THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted April 20, 2012, provides in Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the Augusta, Georgia Board of Commissions that that Article 7 as set forth in “Exhibit A” hereto to be amended by striking “Exhibit A” its entirety and inserting in lieu thereof new ‘Exhibit B” hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit A.” SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4, Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in AUGUSTA, GA, CODE §§4-2-1 through 4-2-6. SECTION 4. The Second Reading of this Ordinance is hereby Waived. Adopted this _______ day of _________________, 2018. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission 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 _________________, 2018 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 Exhibit “A” STRIKE: 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. County: The Augusta, Georgia (formerly known as Augusta-Richmond County) 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. 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 County 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. 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. 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. 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. 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 City 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 City; 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 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 City, the City 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 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 City 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. 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 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; 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 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 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 City 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 City. However, the owner or operator, with owner notarized 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 Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the County 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 County 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 City for each project requiring a permit under this article. The administrative fee shall be paid at the time the plan is submitted to the County. 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 County 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 County. 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 County with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the County 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 County may deny the permit application. 6. Bond Requirement: The County 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 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. 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 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 County 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 County unless the erosion, sedimentation and pollution control plan has been approved by the District and the County 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 City are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by the County 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 County, 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 County 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 City 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 County 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 County 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 County, 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 City. B. STOP-WORK ORDERS: 1. For the first and second violations of the provisions of this ordinance, the Director or the County 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 County 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 County shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the County 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 County 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 County 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 County 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 County 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, or any 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. 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 County, 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 City 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 County, 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 County, 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 __________________, 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 City, 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. 3 Exhibit “B” REPLACE WITH: 1 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. City: The Augusta, Georgia (formerly known as Augusta-Richmond County) 6. Commission: The Georgia Soil and Water Conservation Commission (GSWCC). 7. County: The Augusta, Georgia (formerly known as Augusta-Richmond County) 2 8. 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. 9. 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. 10. Department: The Georgia Department of Natural Resources (DNR). 11. 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. 12. 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. 13. 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. 14. Director: The Director of the Environmental Protection Division or an authorized representative. 15. District: The Brier Creek Soil and Water Conservation District. 16. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources. 17. 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. 18. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 19. 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. 3 20. 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. 21. 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. 22. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. 23. 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. 24. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. 25. 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. 26. 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: Augusta, GA which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is 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. 4 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. 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 or the latest). 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, GA (Augusta-Richmond County) Planning Commission. 5 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. 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, 6 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. 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 7 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. 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 City 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 City; 8 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 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 City 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 City, the City shall enforce compliance with the 9 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 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 City 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. If the first 1.0 inch of rainfall can be retained onsite then additional water quality treatment is not required. (1) New development that creates or adds 5,000 square feet or greater impervious surface area, or that involve land disturbing activity of one acre of land or greater. 10 (2) Redevelopment that creates, adds or replaces 5,000 square feet or greater impervious surface area, or that involves land disturbing activity of one acre of land or greater. 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 11 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. 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; 12 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.; 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 13 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 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 14 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. F. LOCAL ISSUING AUTHORITY: Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the City 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 and detailed plans and requirements of the City that affect 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, 15 rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the City. However, the owner or operator, with owner notarized 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 Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the County 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 County 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 $15.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. The fee shall be paid at the time the plan is submitted to the County. 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 County 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 County. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 16 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 County with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the County 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 County may deny the permit application. 6. Bond Requirement: The County 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 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. 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. 17 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 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). 6. Post construction phase shall include water quality controls depicting stormwater management system designed to meet the City MS4 NPDES Permit and associated Stormwater Management Plan stormwater Runoff Quality/Reduction performance standards. The plan shall include specific information regarding maintenance, operation, and delegation of authority for the system. 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 County 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 County unless the erosion, sedimentation and pollution control plan has been approved by the Augusta Engineering Department (per the District agreement) and the County 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 City are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 18 3. Any land-disturbing activities by the County 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 County, 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 County 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. Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta Engineering Department will be required. B. 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 19 being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the City 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 County 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. 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 County, 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. 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 20 conduct of a business and associated work activities within the jurisdictional boundaries of the City. B. STOP-WORK ORDERS: 1. For the first and second violations of the provisions of this ordinance, the Director or the County 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 County 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 County shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the County 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 County 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 County 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 County 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 21 addition to other penalties applicable under this Ordinance, he shall be deemed to have forfeited his performance bond. The County 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 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. 22 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 County, 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 City 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 County, 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 County, 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 __________________, 20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby repealed. B. VALIDITY: 23 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 City, 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. Engineering Services Committee Meeting 4/24/2018 1:15 PM Revised Soil Erosion, Sedimentation and Pollution Control Ordinance Department:Engineering Presenter: Caption:Approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance as requested by AED. Background:Augusta, Georgia Area-wide NPDES Permit requires updating land development ordinances if any revision to these ordinances occurred at the state or local level. In addition, Augusta, Georgia is state delegated Local Issuance Authority (LIA) for managing land disturbing activities (development) within its legal boundaries. LIA is required to revise its ES&PC ordinance if Erosion and Sediment Act is revised. In 2015, the E&S Act was revised and Augusta, Georgia being LIA is required to complete its ES&PC ordinance revision accordingly. A copy of Augusta, GA revised ordinance needs to be submitted to the State with MS4 2017-2018 Annual Report. Analysis:Proposed revision to ES&PC ordinance is a state mandated requirement and essential for maintaining LIA status. LIA status is critical for managing land disturbing activities at the local level. Updating ES&PC ordinance is also a compliance requirement of Augusta MS4 Permit. Financial Impact:No Financial Impact Alternatives:Do not approve and suggest alternate way to comply with state mandated requirement. Recommendation:Approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance as requested by AED. N/A Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission