South Carolina Code of Regulations
Chapter 72 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL-LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION
Article 2 - EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT RELATIONS
Section 72-106 - Land Disturbing Activities Under the Jurisdiction of the State Engineer
Universal Citation: SC Code Regs 72-106
Current through Register Vol. 48, No. 3, March 22, 2024
A. No state land may be disturbed for the purpose of any land disturbing activity that is under the jurisdiction of the State Engineer pursuant to the South Carolina Consolidated Procurement Code (Title 11, Chapter 35, Code of Laws of South Carolina, 1976) or otherwise under his jurisdiction, except in accordance with an erosion and sediment control and stormwater management plan approved by the State Engineer. The State Engineer may alter the requirements of this regulation for a land disturbing activity as he deems appropriate, and he may exempt a land disturbing activity from any or all of the requirements if he determines that some or all of the requirements are not applicable, or that the activity will likely cause, increase or result in neither any on-site nor off-site erosion, sediment or stormwater damage or problem; the exemption may include activity that the State Engineer deems adequately controlled by a land management program or other laws and regulations. Emergency repairs may be performed without submitting a plan to the State Engineer; however, the repairs must be performed in a manner consistent with these regulations to the maximum extent feasible.
B. Administration.
(1) The applicant shall submit an erosion and sediment control and stormwater management plan to the State Engineer to be approved before any land disturbing activity begins. Submittal to the State Engineer shall include, but not be limited to two (2) copies of the plan, specifications and design calculations. When supplemental information is required, the State Engineer shall request the information from the applicant in writing, including the reason(s) for requesting the information.
(2) Approval or disapproval of the plan.
(a) The plan must be reviewed by the State Engineer. If the plan meets the requirements of these regulations, the State Engineer shall approve the plan and so notify the applicant in writing.
(b) If the plan does not meet the requirements of these regulations, the State Engineer shall disapprove the plan and so notify the applicant in writing, indicating the reason(s) for disapproval.
(c) If the plan is disapproved, the applicant shall correct the indicated deficiencies and resubmit the plan to the State Engineer.
(d) The State Engineer shall either approve or disapprove any submitted or resubmitted plan and so notify the applicant in writing within thirty (30) days from the date of receiving all required information.
C. Responsibility of the applicant.
The applicant is responsible for implementing the plan, maintaining all erosion and sediment control and stormwater management measures in proper functioning condition, and meeting other requirements of these regulations.
D. Inspection and enforcement.
(1) The State Engineer shall periodically inspect work performed under the plan required by this regulation. In the event the State Engineer finds that the measures in the plan are not adequate to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, he shall require that necessary additional measures be implemented.
(2) Upon completion of the land disturbing activity, the State Engineer shall make a final inspection and issue the applicant a letter of satisfactory completion if the work has been completed in accordance with the approved plan.
(3) In the event the State Engineer finds that the land disturbing activity has not been performed in accordance with the approved plan, he shall issue a written order either directing conformance with the plan, suspending additional work until conformance is achieved, or directing other measures that he deems necessary to control erosion, retain sediment on the site and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased.
(4) Complaints from any party must be investigated by the State Engineer.
(5) The State Engineer shall request legal assistance from the Attorney General's Office upon any unresolved problem resulting from violation of this regulation.
E. Minimum standards and specifications.
(1) The following standards and specifications must be used as the minimum criteria for the design and implementation of erosion and sediment control and stormwater management measures for construction.
(a) Use available soil survey information.
(b) Expose the smallest practical area of land for the shortest feasible time during construction.
(c) Retain and protect natural vegetation when feasible.
(d) Stockpile topsoil and replace on graded areas.
(e) Use vegetation, mulch, structural measures and other practices during construction to protect areas subject to erosion, manage stormwater and remove sediment from stormwater leaving the site.
(f) Use permanent vegetation, structural measures and other practices to prevent erosion and manage stormwater throughout the life of the facility; install the measures as soon as practical in the construction process.
(g) Provide for handling the increased runoff caused by changes in soil and surface conditions.
(h) Consider expected future development and conditions in the watershed when designing stormwater management systems.
(i) Unless on-site or off-site conditions warrant otherwise, use a twenty-five (25) year storm, as established by NOAA, and the rainfall time distribution that is expected to yield the most stringent design, to design structures, systems and improvements for:
1. temporary erosion and sediment control, and
2. temporary and permanent management of stormwater that originates on-site.
(j) Unless on-site or off-site conditions warrant otherwise, use a one hundred (100) year storm, as established by NOAA, and the rainfall time distribution that is expected to yield the most stringent design, to design structures, systems and improvements for:
1. permanent erosion and sediment control and stormwater detention/retention,
2. management of stormwater that originates outside yet flows through the site, and
3. locating buildings, utilities and other permanent facilities above the one hundred (100) year flood elevation.
(k) Use closed storm sewers for stormwater systems receiving runoff from areas less than forty (40) acres. This requirement may be waived when:
1. The required storm sewer pipe size is calculated to exceed thirty (30) inches, or
2. A natural stream or improved open channel is deemed more desirable, provided it has the capacity to carry the runoff resulting from a twenty-five (25) year storm with the rainfall time distribution that is expected to yield the most stringent design.
(l) Maintain all temporary and permanent erosion and sediment control and stormwater management measures in proper functioning condition.
(m) Discharges to stormwater drainage systems may be made only at locations approved by the State Engineer and where applicable, other appropriate authority (-ies); the discharge must be made in a manner that will not cause or increase any damage or problem.
(n) The State Engineer shall have authority to require detention/retention measures that are adequate to limit the rate of stormwater runoff from the site to the rate that existed prior to the land disturbing activity.
(2) The State Engineer may alter the minimum standards and specifications in this regulation to accommodate specific conditions of the site and affected areas, or when the standards and specifications are in conflict with other applicable regulations. When a conflict occurs, the most stringent regulations shall apply.
(3) The State Engineer may alter the minimum standards and specifications in this regulation for other land disturbing activities under his jurisdiction.
F. Plan Requirements.
(1) For construction, the plan required by this regulation shall follow the requirements of Regulation Regulation 19-445.2140 of the South Carolina Consolidated Procurement Code and shall include the following:
(a) A vicinity map sufficient to locate the construction site and to show the relationship of the construction site to its general surroundings at a scale of not less than one (1) inch to one (1) mile.
(b) The construction site drawn to a scale of not less than one (1) inch to two hundred (200) feet, and supporting specifications and schedules, showing:
1. the boundary lines of the construction site, including the approximate acreage of the site.
2. existing contours with intervals of not more than ten (10) feet and extending one hundred (100) feet outside the site boundary lines. Indicate any condition beyond this contour that would affect or be affected by stormwater from the site. The existing contour lines outside the site boundary lines may be estimated but shall represent the general topography.
3. a general description of the predominant soil type(s) on the site.
4. proposed physical improvements on the site, including existing structures and future utilization if future construction plans are known.
5. schedule of construction operations, including the anticipated starting and completion dates of each operation; and a timetable of the installation of each erosion and sediment control and stormwater management measure in relation to the construction schedule.
6. specifications for all proposed grading, including finished contours at a five (5) foot interval.
7. a grading and stormwater drainage plan for borrow pits and material processing facilities.
8. all necessary erosion and sediment control measures, designed in accordance with Regulation 72-106 E.
9. all necessary stormwater management measures, designed in accordance with Regulation 72-106 E.
10. specifications for all vegetative measures to be used:
a. Designation of area to be vegetated
b. Site preparation
c. Seed or plant selection and quality
d. Seeding rate
e. Mulch material and application rate
f. Fertilizer and lime, including application rates and fertilizer analysis
11. any other protective measures to be used during construction and throughout the life of the facility.
12. provisions for maintenance of measures in proper functioning condition during construction.
(c) The name and address of the applicant along with the person(s) or organization(s) involved in planning the project.
(d) Title, scale, north arrow, date and name of the individual preparing the plan, with seal when applicable.
(e) Any other reports, data or additional information that the State Engineer may require.
(f) The following certifications signed by the appropriate individuals:
1. Applicant's Certification: "I hereby certify that all land disturbing activity will be performed pursuant to this plan."
2. Designer's Certification: "I hereby certify that the measures in this plan are designed to control erosion, retain sediment on the site, and manage stormwater in a manner that neither any on-site nor off-site damage or problem is caused or increased, that all structural measures are designed to the minimum standards for health and safety, and that all the provisions of the plan are in compliance with the regulations contained in Chapter 72, Article 2 (Erosion and Sediment Reduction and Stormwater Management Regulations)."
(2) The State Engineer may alter the plan requirements in this regulation for other land disturbing activities under his jurisdiction.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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