Erosion Prevention and Sediment Control

Excessive erosion and sedimentation from land disturbing activities has been linked to serious land and water  management issues of concern to county residents. These concerns include the negative impacts on the biodiversity, quality of life, pollution and loss of water carrying capacity in local streams, and the protection of public health, safety and welfare. On November 21, 2000 the Jefferson County Fiscal Court adopted an Erosion Prevention and Sediment Control (EPSC) Ordinance. This Ordinance is intended to conserve, preserve and enhance the natural resources of Jefferson County by controlling the adverse impacts and offsite degradation of soil erosion and sedimentation arising from land disturbing activities. The formation of the Ordinance development process began in July of 1997. The Legislative History of the EPSC Ordinance provides background information and federal mandates that brought the EPSC Ordinance to its maturity.

In the fall of 1996, MSD and the Jefferson County Department of Planning and Environmental Management (DPEM) agreed upon a joint approach for preparation of an EPSC Ordinance. In the summer of 1997, MSD and DPEM staff formed a diverse citizen's advisory committee to assist with development of the EPSC Ordinance. This committee was comprised of representatives from the following stakeholder groups: contractors, developers, engineers, homebuilders, the Natural Resource Conservation Service, Kentucky Division of Water, Kentucky Transportation Cabinet, local agencies, environmental groups, and concerned citizens.

The Ordinance evolved through a consensus building process; consequently, this process brought diverse groups together to develop a more inclusive set of standards to better fit all covered activities within the community. In the Spring of 2000, MSD's Board endorsed the EPSC Ordinance and transmitted the document to the Jefferson County Fiscal Court for consideration of adoption. On November 21, 2000, the Jefferson County Fiscal Court adopted the EPSC Ordinance. 

Highlights of the EPSC Ordinance

Applicability

The EPSC Ordinance is applicable to all land disturbing activities in Jefferson County, including single family, commercial, residential and utility construction.

Exemptions

The following land disturbing activities are exempt from the EPSC Ordinance:

  • Agricultural operations regulated by the Kentucky Agriculture Water Quality Act (operations 10 acres and greater in disturbance);
  • Clearing and grading activities that disturb less than 2000 square feet AND are situated no closer than 50-feet to a solid or intermittent blue line stream, and which are not governed under a General Permit or Site Disturbance Permit; and
  • Limited private development site investigations and surveying prior to plan application.

Sensitive Features

Sensitive features are site characteristics that require special attention to prevent adverse impact from erosion and sedimentation and shall include land containing any one of the following:

  1. Local Regulatory Conveyance Zone/Regulatory Flood Plain as defined by local ordinance.
  2. Stream corridors (including blue line and intermittent blue line) as mapped by the United States Geological Survey (USGS).
  3. Karst features with a well-defined surface opening (such as a cave, sinkhole, vadose shaft or other karst anomoly).
  4. Lakes and impoundments.
  5. Jurisdictional wetlands as determined by the US Army Corps of Engineers.
  6. Slopes greater than 20%.
  7. "Erodible" and "Severely Erodible" soils as determined by the Natural Resources Conservation Service (NRCS).
  8. Sites with the potential to drain storm water directly into a water feature listed above (including any designated buffer area for that feature) or into a designated greenway.

EPSC Standards

The EPSC Ordinance requires that all EPSC measures be designed and installed to accomplish an 80% design removal efficiency goal for total suspended solids. The MSD Design Manual, Standard Drawings and Standard Specifications contain approved structural and non-structural Best Management Practices (BMPs) for use in achieving this standard. Structural BMPs include sediment trapping devices, inlet protection measures, perimeter controls and construction entrances. Non-structural methods include phasing a project into manageable pieces, scheduling activities within each phase to minimize amount of disturbed area and provisions for temporary and final stabilization.

Maintenance of EPSC Measures During Construction

The Permittee, Co-permittee or his or her designee, is required to conduct inspections of all EPSC measures and perform any modifications, maintenance or repairs as necessary, every 7 calendar days and within 24 hours of each storm event that produces 0.5 inches or more of precipitation. Records of these inspections must be kept on site at all times for review by the appropriate compliance enforcement agency. Records shall be kept on the Stormwater Construction Site Inspection Report with approved construction drawings, Site Disturbance Permit and Notice of Construction.. MSD has a network of Rain Gauges that can be queried to determine the amount of rain recorded for a particular section of the county.

Compliance Enforcement Inspections

Inspection of land disturbing activities for compliance with the ordinance shall be the primary responsibility of MSD. In the course of their daily activities, other city and county inspectors may refer potential violations to MSD for follow-up and enforcement action.

Enforcement Procedures

It is the intent of this Ordinance that negotiated compliance be pursued and secured whenever practicable and effective prior to alternative enforcement measures being invoked. A Notice of Violation (NOV) and Stop Work Order shall be issued under the following conditions:

  • The negotiated compliance process fails to produce the necessary corrective action;
  • A land disturbing activity has proceeded without an approved plan, issuance of a Site Disturbance Permit and proper Notice of Construction; or,
  • A violation is causing, or has the imminent ability to cause, adverse impacts or offsite degradation.

Civil fines can range up to $4000 per day per violation. Appeals of NOVs and civil fines must be made to MSD in writing within 7 days of receipt.

Education and Training

The following personnel are required to hold a certificate of attendance from an MSD-sponsored or approved training course. These certificates must be renewed, through classroom attendance, every three (3) years.

  • On-Site Responsible Personnel. This requirement applies to persons employed by homebuilders, contractors, utilities, or any other person in a position of operation control over the land disturbing activity.
  • Agency Compliance Enforcement Inspection Personnel
  • Agency Plan Review Personnel

An EPSC design class will also be offered for engineers and other qualified plan preparers; however, certification is not required.

Jefferson County Public Schools Adult Education Program (JCPS) will administer the training program required by this Ordinance. JCPS will advertise the different training classes, register individuals and accept tuition payments, supply attendance certificates, keep a database of certificate holders and issue renewal notices. MSD will supply trainers for the various classes.

CHANGES TO PLAN SUBMITTAL

The following standard note shall be included on all EPSC Detailed Construction Plans:

Erosion Prevention and Sediment Control Notes

The approved erosion prevention and sediment control (EPSC) plan shall be implemented prior to any land-disturbing activity on the construction site. Any modifications to the approved EPSC plan must be reviewed and approved by MSD's Private Development Review office. EPSC BMP's shall be installed per the plan and MSD Standards.

Detention basins, if applicable, shall be constructed first and shall perform as sediment basins during construction until the contributing drainage areas are seeded and stabilized.

Actions must be taken to minimize the tracking of mud and soil from construction areas onto public roadways. Soil tracked onto the roadway shall be removed daily.

Soil stockpiles shall be located away from streams, ponds, swales and catch basins. Stockpiles shall be seeded, mulched, and adequately contained through the use of silt fence.

All stream crossings must utilize low-water crossing structures per MSD Standard Drawing ER-02.

Sediment-laden groundwater encountered during trenching, boring, or other excavation activities shall be pumped to a sediment trapping device prior to being discharged into a stream, pond, swale, or catch basin.

Where construction or land disturbing activity will or has temporarily ceased on any portion of a site, temporary site stabilization measures shall be required as soon as practicable, but no later than 14 calendar days after the activity as ceased.

MSD Standard Drawing Protocol

MSD will begin distinguishing between "Standard Drawings" and "Design Details". Standard drawing terminology applies to details that do not change from project to project and have been approved by MSD's Engineering Director. Examples of standard drawings include catch basins, manholes, manhole lid covers, construction entrances, silt fence, reinforced silt fence and low-water stream crossings. These drawings are found in the MSD Standard Drawings Manual.

Design detail terminology applies to details that change from project to project based on site conditions. The design details will be part of the record drawings and will fall under the "Engineer of Record's" seal. The following details are considered "design details": box culverts; conveyance channel sections; sediment basins; sediment traps and level spreaders.

The procedure for determining which details are to be placed on the drawing is as follows:

  • List the respective MSD Standard Drawing numbers on the plans and reference the drawings in the legend. Where appropriate, show placement locations for each item on the plan. MSD Standard Drawing details are not required to be included on the plans.
  • Show all site-specific Design Details on the plans along with any necessary notes. Design calculations for these details are also required with plan submittal.

THE PERMIT PROCESS

General Permits

General permits are intended to streamline the application of this Ordinance to land disturbing activities undertaken by specific public or governmental entities, or utilities which activities typically are repetitive and small-scale.

General Permits are also intended to simplify application of this Ordinance to land disturbing activities undertaken on individual residential lots within subdivision developments already subject to an approved detailed EPSC plan under this Ordinance. The Single Family General Permit will be obtained with the building permit at the appropriate city or county agency. In addition, builders will be given a standard 8.5"x11" EPSC plan depicting the best management practices to be used on each permitted site.

Site Disturbance Permit

Site Disturbance Permits are required for land disturbing activities subject to Type I and Type II reviews. The Type I review process applies to land disturbing activities subject to land use approval by the Louisville and Jefferson County Planning Commission, TRC, LD&T, Board of Zoning Adjustment or legislative body. Examples of land disturbing activities requiring Type I review are standard and innovative subdivisions, conditional use permits, general and detailed district developments and rezoning plans. Type II reviews are applicable to all land disturbing activities that do not require land use approval under the Development Code and include developments, demolition plans, site clearing, earth excavations or fills not performed with a specific project, and developments only needing a building permit to proceed to construction.

The Site Disturbance Permit process is described below:

  1. The Application. An application must be completed and submitted with the plans for review and approval. The Permittee must sign the application declaring himself/herself as the person responsible for the land disturbing activity.
  2. EPSC Plans. Type I projects on lands containing sensitive features require the submittal and approval of a EPSC Concept Plan along with, or as part of, the preliminary plan. Both Type I and Type II projects require the submittal and approval a EPSC Detailed Construction plan along with, or as part of, the normal construction drawings.
  3. EPSC Detailed Construction Plan Checklist. A completed EPSC Detailed Construction Plan Checklist must be submitted for review and approval with the EPSC Detailed Construction plan.
  4. Pre-construction site meetings. If required as a condition of EPSC Concept Plan approval or deemed necessary during the EPSC Detailed Construction plan approval process, a pre-construction site meeting shall be conducted prior to MSD final action on the EPSC Detailed Construction plan. MSD may also require a pre-construction site meeting as a condition of EPSC Detailed Construction plan approval and postpone such visit until Notice of Construction is received. The purpose of a pre-construction site meeting is to correct any inadequacies in the EPSC plan that are identified during the visit and to ensure that the Permittee, particularly the onsite contractor representative, understands the EPSC plan, and the self-inspection, maintenance and record keeping requirements.
  5. Site Disturbance Bond. MSD may require a Site Disturbance performance bond, in addition to a lateral extension bond or a subdivision bond, in an amount sufficient to cover site stabilization costs should the site fall into default.
  6. Notice of Construction. A Notice of Construction form must be filed with MSD upon approval of the EPSC Detailed Construction plan. The Notice must be received by MSD no less than 3 working days prior to construction activity initiation such that an inspector can be assigned and any applicable pre-construction meetings may be scheduled.
  7. Issuance of a Site Disturbance Permit. Upon adequate completion of the above activities, as applicable, MSD will issue a Site Disturbance Permit. No land disturbing activities, including clearing, grubbing, or blasting, may occur on the site prior to this time. Doing so will result in an immediate issuance of a Notice of Violation with a civil fine and a Stop Work Order.

The process for the release of a Site Disturbance Permit is described below:

  1. Final Stabilization. Final stabilization at the site must be achieved as follows:
    • all land disturbing activities at the site have been completed;
    • there are no areas of active erosion evident; and,
    • a permanent perennial vegetative cover with a density of 70% of the cover for the area has been established or the area has been seeded and interim measures (i.e., mulches or geotextiles) sufficient to prevent erosion from disturbed areas have been employed.
  2. Letter of Completion. A Letter of Completion must be given to the appropriate MSD inspector upon completion of site construction and final stabilization. On this letter, the Permittee shall certify that construction, including final stabilization, is complete and in accordance with all approved EPSC plans.
  3. Release of the Site Disturbance Permit. Once the results of the final MSD inspection signify compliance with the approved EPSC plans, including final stabilization, the site disturbance permit shall be terminated.
  4. Release of the Site Disturbance Bond. One year after release of the site disturbance permit, the final inspection for the release of the Site Disturbance Bond may be conducted.