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Sensitive
Feature Mapping
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:
- Local Regulatory Conveyance
Zone/Regulatory Flood Plain as defined by local ordinance.
- Stream corridors (including
blue line and intermittent blue line) as mapped by the United States
Geological Survey (USGS).
- Karst features with a
well-defined surface opening (such as a cave, sinkhole, vadose shaft
or other karst anomoly).
- Lakes and impoundments.
- Jurisdictional wetlands as
determined by the US Army Corps of Engineers.
- Slopes greater than 20%.
- "Erodible" and
"Severely Erodible" soils as determined by the Natural
Resources Conservation Service (NRCS).
- 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.
LOJIC has created a GIS
application to assist with the initial identification of sensitive
features on a particular site. The
Sensitive Feature Mapping application
contains the most current available GIS layers for Jefferson County. Karst
topography has not been mapped at this time. In addition, the only
indication of jurisdictional wetlands currently available consists of the
"hydric soil" layer.
This digital information is no substitute for field verification of the
presence of sensitive features, and should not be used as such.
Sensitive feature data may also be purchased from
LOJIC
as a standard product. Contact Jane Poole at (502) 540-6435 for purchase information or with questions on the use of this application.
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, 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 Self-Inspection
Form with approved Construction drawings. 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 the EPSC Board (the MSD Board)
within 7 days of receipt.
Education and Training
By July 1, 2001, 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.
Transitional Provisions
All Preliminary plans and first (1st) submittal construction plans
received after January 1, 2001, shall comply with all EPSC design criteria
outlined in the Ordinance for development and approval of the EPSC
Detailed Construction Plan.
All other construction plan
submittals received after January 1, 2001, shall comply with the current
BMP-approach for design, review and approval of the EPSC Detailed
Construction Plan.
In addition, Chapters
10-12 of the MSD Design Manual have been revised. All submittals
requiring use of these chapters shall use this information.
The enforcement process outlined
in the Ordinance will be used as necessary to achieve compliance for all
projects currently under construction or with previously approved
construction plans, as well as for all Site Disturbance Permits issued
after the Ordinance effective date.
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. In addition, all straw bale
details have been deleted from MSD's approved standard drawing list. The EPSC drawings are being
revised and the new details will be posted soon.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
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