Measure 4: Construction Site Runoff Controls

The good news about Measure 4 is that your local government is already meeting the majority of Phase II permit requirements! Each local government in North Carolina currently handles its construction site runoff program in one of the following ways:

Relies on the NC Division of Land Quality to implement the state erosion and sedimentation program in its jurisdiction,
Relies on the county to implement its state-delegated erosion and sedimentation program in its jurisdiction, or
Implements its own state-delegated erosion and sedimentation program.

1. Relies on the state program. Phase II municipalities and counties under the state program must provide and promote a means for their citizens to report erosion and sedimentation problems. Phase II municipalities could meet this requirement by promoting the NC Division of Land Resources “Stop Mud” hotline.

2. Relies on county program. Phase II municipalities that are subject to a county sedimentation and erosion control program are required to:

Conduct random inspections of land disturbing activities that have a sediment and erosion control permit issued by the county to see if the site is in compliance.
Monitor the county’s program for effectiveness in its jurisdiction.
Report sites that are not in compliance with their sediment and erosion control permits will be reported to the county.
Monitor follow-up action by the county.
Maintain a record of findings and follow-up procedures.

3. Implements own program. Phase II municipalities and counties that have their own state-delegated erosion and sedimentation program are required to stay in compliance with the requirements of the state program and to provide and promote a means for citizens to report erosion and sedimentation problems to the appropriate local authorities.

In your Phase II stormwater permit, you will find the following table under Construction Site Runoff Controls. You will be in compliance with your Phase II permit if you follow the guidelines listed above for your type of existing sedimentation and erosion program. However, you may click on the links to find specific guidance for each of the BMPs.

BMP	Measurable Goals
(a) Implement a program and establish a regulatory mechanism for erosion and sediment control	Develop a regulatory mechanism and implement a program requiring erosion and sediment controls at construction sites and providing sanctions to ensure compliance. Instead of originating a new program, the permittee may elect to rely on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program, either as administered by the DLR or as delegated by the Sedimentation Control Commission (SCC) to another entity with appropriate jurisdiction, including the permittee. The permittee may rely on the DLR program only to the extent that that program satisfies all of the following BMPs.
(b) Develop requirements on construction site operators	Require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts.
(c) Provide educational and training for construction site operators	New materials may be developed by the permittee, or the permittee may use materials adopted from other programs and adapted to the permitee’s construction runoff controls program.
(d) Institute plan reviews	Review construction plans and establish procedures that incorporate water quality considerations in construction site plan reviews.
(e) Establish public information procedures	Establish procedures for receipt and consideration of erosion and sedimentation information submitted by the public. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action.
(f) Establish inspection and enforcement procedures	Establish procedures for site inspection and enforcement of control measure requirements. The procedures should include prioritizing areas of inspections based on local criteria.

Note: You can view a copy of your own local government's stormwater permit on the NC Division of Water Quality Stormwater Unit web site.