AGENDA #5a
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: North Carolina Division of Land Quality Sedimentation and Erosion Control Resources
Date: January 28, 2002
This report responds to the attached request and resolution authorizing the Manager to report on the State resources available for enforcement of soil erosion and sedimentation control regulations on University and other State-inspected projects in Chapel Hill.
Background
Construction activities in Chapel Hill are regulated for erosion and sedimentation control either: 1) through the Town’s Development Ordinance, with permitting and inspections by Orange County; or 2) by State regulations on all State-owned or County-owned land, with permitting and inspections by the NC Division of Land Resources, Land Quality Section.
Discussion
In North Carolina, sedimentation and erosion control is required through the Sedimentation Pollution Control Act of 1973. The act states that, “control of erosion and sedimentation is deemed vital to the public interest and necessary to the public health and welfare, and expenditures of funds for erosion and sedimentation control programs shall be deemed for a public purpose.” Pursuant to this legislation, the State has created the N.C. Sedimentation Control Commission, an eleven-member body which oversees adopting rules, setting standards, and providing guidance for implementation of the Act.
The Land Quality Section of North Carolina Department of Environment and Natural Resources’ (NCDENR) Division of Land Resources is responsible for monitoring and enforcing sedimentation regulations for State-inspected projects. The mission of the erosion control program is to “allow development within our State while preventing pollution by sedimentation.”
Statewide funding for this program comes from two sources: appropriations of general funds by the General Assembly and from permit fees. There are 50 positions which monitor and enforce sedimentation and erosion control regulations for the entire State. Of these, 17 positions are funded by permit fees and the remaining 33 are funded by appropriations. As with most programs and positions funded by general appropriations, resource availability is subject to fluctuation. Over the past five years, 10 positions have been added; however, during the past year (FY 2001) 2 positions were lost due to the budget cuts that the State Legislature initiated.
In the Orange/Chatham/Lee County region, a three-county area inclusive of Chapel Hill, one State inspector/technician is employed to conduct field monitoring of sedimentation and erosion control, dam safety, and mine reclamation activities. We understand that this individual normally spends about half of his/her time in the field and about half in the office. Next to routine field inspections, responding to complaints is the top priority for the technician. Routine inspections are prioritized and State funded (Transportation, Corrections and University system) projects receive the highest priority. Local Government (schools, parks, buildings) and private development projects receive the lowest priority. We also understand that on average and depending upon the priority, the inspector for our three-county area spends one day per week in Orange County on permitting, inspections and enforcement matters for erosion and sedimentation control, mining and dam safety.
In October 2001, the State increased the development permit fees and fines levied to violators. It is anticipated that revenues from these increases will be used to increase the number of staff positions; however, none of the proposed new positions are expected to be assigned permanently to the three-county area which includes Orange County.
The NC Sedimentation Control Commission has established rules and regulations to protect the environment from sedimentation and soil erosion. A staff is in place to inspect and enforce the sediment and erosion control laws. However, the staff is limited, with one technician to enforce dam safety, mining regulations and sediment and erosion control for our three-county area. We understand that, on average, each construction site within a region will be inspected once every two or three months for sediment and erosion control issues. Suspected violations may be reported to the State Office at (919) 571-4700; complaints will receive priority attention from the State inspector/technicians.
ATTACHMENTS
1. Memorandum from Council Member Bill Strom (p. 3).
2. Resolution Authorizing Report (p. 4).