Maintaining the Forestry Exemption Under the Sedimentation Pollution Control Act
Prepared by:
Earl L. Deal
Wood Products Extension Specialist
Rick A. Hamilton
Forest Resources Extension Specialist
Published by: North Carolina Cooperative Extension
Service
Publication Number: WON-22
Last Electronic Revision: March 1996 (JWM)
The North Carolina Sedimentation Pollution Control Act was passed in
1973. Its purpose is to prevent sediment from reaching streams by
requiring the installation and maintenance of adequate sediment
control measures during site-disturbing activities. The initial law
provided a blanket exemption for agriculture and forestry.
In 1974, a Forest Practices Act study committee concluded that
forestry was not a major contributor of sediment and recommended that
voluntary Best Management Practices (BMPS) be developed and used
during forestry activities. These BMPS are summarized in the
publication Forest Practices Guidelines Related to Water Quality. The
guidelines were followed voluntarily by the forest industry and forest
landowners until the end of 1989.
The 1989 North Carolina legislature amended the Sedimentation
Pollution Control Act. The amendment maintains the forestry exemption
but only on the condition that site-disturbing forestry activities be
conducted in accordance with Forest Practices Guidelines (15 NCAC
1J.0201 - 0209). These guidelines have been developed by a team of
forestry and sedimentation experts, reviewed at public hearings, and
approved by the Secretary of Environment, Health, and Natural
Resources. The amendment became effective January 1, 1990.
Forest Practices Guidelines
According to the Forest Practices Guidelines, nine performance
standards must be met to maintain the forestry exemption. Of the nine
standards, six are existing laws that have been incorporated into the
guidelines. The standards are set forth in the following sections,
with notation of the six existing laws.
.0201 Streamside Management Zone.
(a) A streamside management zone (SMZ) shall be established and
maintained along the margins of intermittent and perennial streams and
perennial waterbodies. The SMZ shall be of sufficient width to
confine within the SMZ visible sediment resulting from accelerated
erosion.
(b) Ground cover, or other means, within the SMZ shall be sufficient
to restrain accelerated erosion.
(c) Access roads and skid trails (except as provided in .0203 of this
subchapter), logging decks, and mill sites shall be placed outside of
SMZs. When barriers such as property lines or limiting land features
prohibit the location of any of these outside of
SMZs, they can be located within the SMZs. When located within the
SMZs, they shall have effective erosion control and sediment control
structures or measures installed to restrain accelerated erosion and
prevent visible sediment from entering intermittent or perennial
streams or perennial waterbodies.
.0202 Prohibition of Debris Entering Streams and Waterbodies.
Stream obstruction and the impediment of stream flow or degradation of
water quality shall be prevented by keeping debris from construction,
harvesting, mill site residue, and site preparation out of
intermittent and perennial streams and perennial waterbodies. [Note:
This law has existed since 1975.]
.0203 Access Road and Skid Trail Stream Crossings.
Stream crossings shall be avoided when possible. Access roads and
skid trails that must cross intermittent or perennial streams or
perennial waterbodies shall be constructed so as to minimize the
amount of sediment that enters the streams from the construction.
These crossings shall be installed so that:
- stream flow will not be obstructed or impeded;
- no stream channel or perennial waterbody shall be
used as an access road or skid trail;
- crossings are provided with effective structures or
ground cover to protect the banks and channel from accelerated
erosion;
- they shall have sufficient water control devices to
collect and divert surface flow from the access road or skid
trail into undisturbed areas or other control structures to
restrain accelerated erosion and prevent visible sediment from
entering intermittent and perennial streams;
- ground cover, or other means, sufficient to prevent
visible sediment from entering intermittent and perennial
streams and perennial waterbodies shall be provided within 10
working days of the initial disturbance and will be maintained
until the site is permanently stabilized.
.0204 Access Road Entrances.
Access road entrances intersecting public highways shall be
constructed and maintained with measures, devices, or techniques
effective to prevent excessive soil and other debris from being
carried to and deposited on the highway to the extent that
sedimentation problems will result. [Note: This law has existed since
1978.]
.0205 Prohibition of Waste Entering Streams, Waterbodies, and Groundwater.
Measures shall be taken to prevent equipment servicing waste,
petroleum, fertilizers, or other chemical waste from entering streams,
perennial waterbodies, and groundwater so as not to contravene water
quality standards as adopted by the Environmental Management
Commission in Sections 15 NCAC 2B .0200-Classifications and Water
Quality Standards Applicable to Surface Waters of North Carolina, and
15 NCAC 2L .0200 -Classifications and Water Quality Standards (related
to groundwater). [Note: This law has existed since 1976.]
.0206 Pesticide Application.
Application of pesticides shall be limited to those labeled for that
intended use and shall be used in accordance with labeling and rules
adopted by the North Carolina Pesticide Board as set forth in 2 NCAC
9L .1005 Restricted Areas-and applied in a manner to prevent adverse
impacts on water quality. [Note: This law has existed since 1976.]
.0207 Fertilizer Application.
When used, fertilizers shall be applied in a manner to prevent adverse
impacts on water quality. [Note: This law has existed since 1976.]
.0208 Stream Temperature.
Adequate shade within SMZs associated with natural perennial streams
shall be retained to protect those streams from adverse temperature
fluctuations, which result in a violation of an adopted water quality
standard of the Environmental Management Commission as contained in
rule 15 NCAC 2B .0211-Fresh Surface Water Classifications and
Standards. [Note: This law has existed since 1976.]
.0209 Rehabilitation of Project Site.
Areas on the project site that have the potential for accelerated
erosion, resulting in concentrated flow directly entering an
intermittent or perennial stream or perennial waterbody, shall be
provided with ground cover or other means of adequate sedimentation
control within 30 working days after ceasing any phase of an operation
or beginning a period of inactivity. Treatment and maintenance of
those areas shall be sufficient to restrain accelerated erosion and
prevent visible sediment from entering intermittent and perennial
streams and perennial waterbodies until the site is permanently
stabilized.
Forestry Best Management Practices Manual
The Forest Practices Guidelines do not give specific recommendations
for compliance. Rather, compliance is performance oriented. For
example, streamside management zone width, road location, stream
crossing location and methods, and site rehabilitation methods are not
spelled out in the guidelines. The forester, landowner, logger, and
contractor can prevent sedimen- tation in many different ways.
The Forestry BMP Manual helps individuals comply with the Forest
Practices Guidelines. BMPs minimize erosion and prevent
sedimentation. They must be adequate and effective to guarantee that
a landowner maintains the forestry exemption under the SPCA.
Copies of the Forestry BMP Manual are available from the North
Carolina Division of Forest Resources or your county Cooperative
Extension Service Center.
Monitoring Compliance
The North Carolina Division of Forest Resources (NCFS) monitors for
compliance. If a potential violation is discovered or reported, the
following actions are taken:
- NCFS conducts an on-site visit and prepares a written report. If
adequate BMPs are in place, no further action is taken. In the event
of noncompliance, the responsible parties are required to implement
recommended BMPs to bring the site into compliance.
- A reasonable amount of time (determined by NCFS) is given to take
corrective action. If the responsible parties bring the site into
compliance within that time, no further action is taken.
- If corrective actions are not taken, the violation is referred to
the appropriate regulatory and enforcement agency. At this point, the
forestry exemption from the Sedimentation Pollution Control Act is
lost.
Enforcement and Regulation
The Division of Land Resources (DLR) within the North Carolina
Department of Environment, Health, and Natural Resources enforces the
Sedimentation Pollution Control Act. Once the DLR receives written
notice of the violation, the following steps are taken:
- The site-disturbing activity may be stopped at the discretion
of the DLR and a $1,000 fine levied because an erosion and
sedimentation plan has not been developed.
- The DLR requires that a sedimentation plan be submitted and
approved within 30 working days.
- A reasonable amount of time (determined by the DLR) is given
to implement approved sedimentation control practices.
Usually, the required practices are more expensive than those
suggested in the Forestry BMP Manual.
- Fines of up to $500 for each violation and each succeeding day
of noncompliance may be levied if the party is not in
compliance at the end of the time period.
- The site is monitored until the site-disturbing activity is
completed, and the site is satisfactorily restored.
Liability
Landowners, timber buyers, loggers, contractors, and others with
financial or economic interests can be liable. Liable parties will be
held jointly and separately responsible for compliance, penalties, and
site rehabilitation in the event of a violation.
Summary
Professional forestry assistance in planning timber harvests, site
preparation, and other site-disturbing forestry activities is even
more important now than in the past. Landowners should include
provisions in invitations to bid and in timber sale contracts that
require the buyer to conduct the timber harvest in compliance with
this amendment to the Sedimentation Pollution Control Act. The same
applies to contractual agreements with site-preparation or
timber-management contractors.
For more information, contact the local North Carolina Division
of Forest Resources or your county Cooperative Extension Service
Center.
Distributed in furtherance of the Acts of Congress of May 8 and June 30,
1914. Employment and program opportunities are offered to all people
regardless of race, color, national origin, sex, age, or disability. North
Carolina State University, North Carolina A&T State University, U.S.
Department of Agriculture, and local governments cooperating.
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