Measure 4: Construction Site Runoff
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
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
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
- 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.
(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
site operators to implement erosion and sediment control BMPs and to
control construction site wastes that may cause adverse water quality
(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
(e) Establish public information 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
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.