Subject 391-3-7 EROSION AND SEDIMENTATION CONTROL
The following definitions shall apply in the interpretation
and enforcement of these rules and regulations unless otherwise specifically
stated.
| (a) |
"Best Management
Practices" means a collection of structural measures and vegetative practices
which, when properly designed, installed and maintained, will provide effective
erosion and sedimentation control and are designed in accordance with the
design specifications contained in the "Manual for Erosion and Sediment Control
in Georgia." Best Management Practices also include, but are not limited to,
design specifications from the most recent publications of the Georgia
Stormwater Management Manual and Coastal Stormwater Supplement to the Georgia
Stormwater Management Manual. |
| (b) |
"Certification" means an action by the Division that states in writing that a
local issuing authority has met the criteria established in these rules and
regulations. |
| (c) |
"Certified
Personnel" means any person who meets or exceeds the education and training
requirements of Code Section
12-7-19. |
| (d) |
"Coastal Marshlands" shall have the same
meaning as in Code Section
12-5-282. |
| (e) |
"Complaint Investigation Process" means a
process followed by a local issuing authority or the Division when dealing with
inquiries, complaints or concerns about land disturbing activities. |
| (f) |
"Decertification" means an action by the
Division that states in writing that a local issuing authority has failed to
meet the criteria established in these rules and regulations. |
| (g) |
"Department" means the Department of
Natural Resources of the State of Georgia. |
| (h) |
"Director" means the Director of the
Environmental Protection Division. |
| (i) |
"District" means the appropriate local
Soil and Water Conservation District. |
| (j) |
"Division" means the Environmental
Protection Division of the Department of Natural Resources. |
| (k) |
"Erosion" means the process by which land
surface is worn away by the action of wind, water, ice, or gravity. |
| (l) |
"Erosion, Sedimentation and Pollution
Control Plan" or "Plan" means a plan for the control of soil erosion and
sediment resulting from a land disturbing activity. |
| (m) |
"Infrastructure Project" means
construction activities that are not part of a common development that include
the construction, installation and maintenance of roadway and railway projects
and conduits, pipes, pipelines, substations, cables, wires, trenches, vaults,
manholes, and similar or related structures or devices for the conveyance of
natural gas (or other types of gas), liquid petroleum products, electricity,
telecommunications (telephone, data television, etc.), water or
sewage. |
| (n) |
"Land Disturbing
Activity" means any activity which may result in soil erosion and the movement
of sediments into State waters or onto lands within the State, including but
not limited to clearing, dredging, grading, excavating, transporting, and
filling of land, but not including those practices to the extent described in
O.C.G.A. 12-7-17. |
| (o) |
"Local
Issuing Authority" means the governing authority of any county or municipality
that is certified pursuant to these rules and regulations and O.C.G.A.
12-7-8(a). |
| (p) |
"Maintenance" means
actions necessary or appropriate for retaining or restoring a currently
serviceable improvement to the specified operable condition to achieve its
maximum useful life. Maintenance includes emergency reconstruction of recently
damaged parts of a currently serviceable structure so long as it occurs within
a reasonable period of time after damage occurs. Maintenance does not include
any modification that changes the character, scope or size of the original
design. |
| (q) |
"Major Buffer Impact"
means any impact that does not meet the definition of "Minor Buffer
Impact." |
| (r) |
"Minor Buffer Impact"
means an impact that upon completion yields no additional above ground,
man-made materials or structures within the buffer, maintains the original
grade, and results in less than 5,000 square feet of buffer impacts per stream
crossing and/or less than 5,000 square feet of buffer impacts per individual
area of encroachment for each project. |
| (s) |
"Permit" means the authorization
necessary to conduct a land disturbing activity under the provisions of these
rules and regulations. |
| (t) |
"Person"
means any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private
institution, utility, cooperative, State agency, municipality or other
political subdivision or the State, any interstate body or any other legal
entity. |
| (u) |
"Project" means the
entire area of the proposed development site, regardless of the size of the
area to be disturbed. |
| (v) |
"Sediment" means solid material, both organic and inorganic, that is in
suspension, is being transported, or has been moved from its site of origin by
wind, water, ice, or gravity as a product of erosion. |
| (w) |
"Sedimentation" means the action or
process of forming or depositing sediment. |
| (x) |
"Serviceable" means usable in its current
state or with minor maintenance but not so degraded as to essentially require
reconstruction. |
| (y) |
"Soil and Water
Conservation District Approved Plan" means an erosion, sedimentation and
pollution control plan approved in writing by the Soil and Water Conservation
District in which the proposed land disturbing activity will take
place. |
| (z) |
"Stabilization" means
the process of establishing an enduring soil cover of vegetation and/or mulch
or other ground cover and/or installing temporary or permanent structures for
the purpose of reducing to a minimum the erosion process and the resultant
transport of sediment by wind, water, ice or gravity. |
| (aa) |
"State Waters" means any and all rivers,
streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs,
wells, and other bodies of surface or subsurface water, natural and artificial,
lying within or forming a part of the boundaries of the State which are not
entirely confined and retained completely upon the property of a single
individual, partnership, or corporation, except as may be defined in O.C.G.A.
12-7-17(7). |
| (bb) |
"Stream Bank"
means the confining cut of a stream channel and is usually identified as the
point where the normal stream flow has wrested the vegetation. For nontrout
waters, the normal stream flow is any stream flow that consists solely of base
flow or consists of both base flow and direct runoff during any period of the
year. Base flow results from groundwater that enters the stream channel through
the soil. This includes spring flows into streams. Direct runoff is the water
entering stream channels promptly after rainfalls or snow melts. |
| (cc) |
"Trout Streams" means all streams or
portions of streams within the watershed as designated by the Division under
the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20
et seq. Streams designated as primary trout waters are defined
as water supporting a self-sustaining population of rainbow, brown or brook
trout. Streams designated as secondary trout waters are those in which there is
no evidence of natural trout reproduction, but are capable of supporting trout
throughout the year. First order trout waters are streams into which no other
streams flow except springs. |
| (dd) |
"Watercourse" means any natural or artificial waterway, stream, river, creek,
channel, ditch, canal, conduit, culvert, drain, gully, ravine, or wash in which
water flows either continuously or intermittently, having a definite channel,
bed and bank, and includes any area adjacent thereto which is subject to
inundation by reason of overflow or floodwater. |
| (ee) |
"Water Quality" means the chemical,
physical, and biological characteristics of the State's water
resources. |
| (1) |
Buffers on state waters are valuable in
protecting and conserving land and water resources; therefore, buffers should
be protected. The buffer variance process will apply to all projects legally
eligible for variances and to all state waters having vegetation wrested from
the channel by normal stream flow, provided that adequate erosion control
measures are incorporated in the project plans and specifications and are
implemented. Rule
391-3-7-.05 does not apply to
coastal marshlands. The following activities do not require application to or
approval from the Division:
| (a) |
stream
crossings for water lines or stream crossing for sewer lines that occur at an
angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream and cause a width of disturbance of not more than
50 feet within the buffer; or |
| (b) |
where drainage structures must be constructed within the twenty-five (25) foot
buffer area of any state water not classified as a trout stream; or |
| (c) |
where roadway drainage structures must be
constructed within the twenty-five (25) foot buffer area of any state waters or
the fifty (50) foot buffer of any trout stream; or |
| (d) |
construction of bulkheads or sea walls on
Lake Oconee and Lake Sinclair where required to prevent erosion at the
shoreline; or |
| (e) |
construction of
public water system reservoirs. |
|
| (2) |
Variance applications will be reviewed by
the Director only where the applicant provides reasonable evidence that impacts
to the buffer have been avoided or minimized to the fullest extent practicable
and only in the following cases:
| (a) |
The
project involves the construction or repair of an existing infrastructure
project or a structure that, by its nature, must be located within the buffer.
Such structures include, but are not limited to, dams, public water supply
intake structures, detention/retention ponds, waste water discharges, docks
including access ways, boat launches including access ways, and stabilization
of areas of public access to water; or |
| (b) |
The project will result in the
restoration or enhancement to improve water quality and/or aquatic habitat
quality; or |
| (c) |
Buffer intrusion is
necessary to provide reasonable access to a property or properties;
or |
| (d) |
The intrusion is for water
and sewer lines that cannot reasonably be placed outside the buffer, and stream
crossings and vegetative disturbance are minimized; or |
| (e) |
Crossing for utility lines, including but
not limited to gas, liquid, power, telephone, and other pipelines, provided
that the number of crossings and the amount of vegetative disturbance are
minimized; or |
| (f) |
Recreational foot
trails and viewing areas, providing that impacts to the buffer are minimal;
or |
| (g) |
The project involves
construction of one (1) single family home for residential use by the owner of
the subject property and, at the time of adoption of this rule, there is no
opportunity to develop the home under any reasonable design configuration
unless a buffer variance is granted. Variances will be considered for such
single family homes only if construction is initiated or local government
approval is obtained prior to January 10, 2005; or |
| (h) |
For non-trout waters, the proposed land
disturbing activity within the buffer will require a permit from the United
States Army Corps of Engineers under Section 404 of the federal Water Pollution
Control Act Amendment of 1972,
33 U.S.C. Section
1344, and the Corps of Engineers has approved
a mitigation plan to be implemented as a condition of such a permit;
or |
| (i) |
For non-trout waters, a plan
is provided for buffer intrusion that shows that, even with the proposed land
disturbing activity within the buffer, the completed project will result in
maintained or improved water quality downstream of the project; or |
| (j) |
For non-trout waters, the project with a
proposed land disturbing activity within the buffer is located in, or upstream
and within ten linear miles of, a stream segment listed as impaired under
Section 303(d) of the federal Water Pollution Control Act Amendment of 1972,
33 U.S.C. Section
1313(d) and a plan is
provided that shows that the completed project will result in maintained or
improved water quality in such listed stream segment and that the project has
no adverse impact relative to the pollutants of concern in such stream segment;
or |
| (k) |
The proposed land disturbing
activity within the buffer is not eligible for a permit from the United States
Army Corps of Engineers under Section 404 of the federal Water Pollution
Control Act Amendment of 1972,
33 U.S.C. Section
1344, but includes required mitigation in
accordance with current EPD "Stream Buffer Variance Mitigation Guidance"
document, and involves:
| 1. |
piping, filling, or
re-routing of non-trout waters that are not jurisdictional Waters of the U.S.;
or |
| 2. |
stream buffer impacts due to
new infrastructure projects adjacent to state waters (jurisdictional and
non-jurisdictional Waters of the U.S.). This criterion shall not apply to
maintenance and/or modification to existing infrastructure, which are covered
under 391-3-7.05(2)(a). |
|
|
| (3) |
If the buffer impact will be minor, the
buffer variance request shall include the following information at a minimum:
| (a) |
Site map that includes locations of all
state waters, wetlands, floodplain boundaries and other natural features, as
determined by field survey. |
| (b) |
Description of the shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property. |
| (c) |
Dated and numbered detailed site plan
that shows the locations of all structures, impervious surfaces, and the
boundaries of the area of soil disturbance, both inside and outside of the
buffer. The exact area of the buffer to be impacted shall be accurately and
clearly indicated. |
| (d) |
Description
of the project, with details of the buffer disturbance, including estimated
length of time for the disturbance and justification for why the disturbance is
necessary. |
| (e) |
Calculation of the
total area and length of the buffer disturbance. |
| (f) |
Letter from the issuing authority (if
other than the Division and as applicable) stating that the issuing authority
has visited the site and determined the presence of state waters that require a
buffer and that a stream buffer variance is required as per the local erosion
and sedimentation control ordinance. |
| (g) |
Erosion, sedimentation and pollution
control plan. |
| (h) |
Re-vegetation
plan as described in the most recent publication of the Division's guidance
book, "Streambank and Shoreline Stabilization" and/or a plan for permanent
vegetation as per the "Manual for Erosion and Sedimentation Control in
Georgia." |
| (i) |
For projects within
the buffer of or upstream and within one linear mile of impaired stream
segments on Georgia's "305(b)/303(d) List Documents (Final)," documentation
that the project will have no adverse impacts relative to the pollutants of
concern and if applicable, documentation that the project will be in compliance
with the TMDL Implementation Plan(s). |
| (j) |
Any other reasonable information related
to the project that the Division deems necessary to effectively evaluate the
variance request. |
| (k) |
Applications
must be on the most current forms provided by the Division. |
|
| (4) |
If the buffer impact will be
major, the buffer variance request shall include all of the information in
Sections (3)(a) thru (k) above, with the exception of (3)(h). A buffer variance
request for major buffer impacts shall also include the following additional
information:
| (a) |
For variance requests made
under Section (2)(h):
| 1. |
Joint Public Notice
(JPN), if it is an individual permit; |
| 2. |
Pre-Construction Notification (PCN), if it
is a Nationwide Permit; |
| 3. |
Mitigation calculations; and |
| 4. |
Permit approval from the United States Army Corps of Engineers. |
|
| (b) |
Buffer mitigation plan
addressing impacts to critical buffer functions, including water quality and
floodplain, watershed and ecological functions based on an evaluation of
existing buffer conditions and predicted post construction buffer conditions
pursuant to Section (7)(c) herein. |
| (c) |
Plan for stormwater control once site
stabilization is achieved, when required by a local stormwater
ordinance. |
| (d) |
For variance
requests made under Sections (2)(i) and (2)(j), the application shall include
the following water quality information:
| 1. |
Documentation that post-development stormwater management systems to conform to
the minimum standards for water quality, channel protection, overbank flood
protection and extreme flood protection as established in the Georgia
Stormwater Management Manual or the equivalent and if applicable, the Coastal
Stormwater Supplement to the Georgia Stormwater Management Manual. |
| 2. |
Documentation that existing water quality
will be maintained or improved based on predicted pollutant loading under pre-
and post-development conditions as estimated by models accepted by the
Division. |
|
| (e) |
For
variance requests made under Section (2)(j), if the proposed project is in, or
upstream and within ten linear miles of impaired stream segments on Georgia's
"305(b)/303(d) List Documents (Final)," documentation that the project will
have no adverse impacts relative to the pollutants of concern and if
applicable, documentation that the project will be in compliance with the TMDL
Implementation Plan(s). |
| (f) |
For
variance requests made under Section (2)(k)1., the application shall include
documentation from the United States Army Corps of Engineers verifying the
water bodies identified in the application are non-jurisdictional waters of the
United States under Section 404 of the Clean Water Act. |
|
| (5) |
Upon receipt of a completed application
in accordance with Sections
391-3-7-.05(3) or
391-3-7-.05(4), the
Division shall consider the completed application and the following factors in
determining whether to issue a variance:
| (a) |
Locations of state waters, wetlands, floodplain boundaries and other natural
features as determined by field surveys. |
| (b) |
Shape, size, topography, slope, soils,
vegetation and other physical characteristics of the property. |
| (c) |
Location and extent of buffer
intrusion. |
| (d) |
Whether reasonable
alternative project designs, such as the use of retaining walls, are possible
which do not require buffer intrusion or which require less buffer
intrusion. |
| (e) |
Whether issuance of
the variance, with the required mitigation plan, re-vegetation plan and/or plan
for permanent vegetation, is at least as protective of natural resources and
the environment (including wildlife habitat). |
| (f) |
The current condition of the existing
buffer, to be determined by:
| 1. |
The extent to
which existing buffer vegetation is disturbed; |
| 2. |
The hydrologic function of the buffer;
and |
| 3. |
Stream characteristics such
as bank vegetative cover, bank stability, prior channel alteration or sediment
deposition. |
|
| (g) |
The
extent to which the encroachment into the buffer may reasonably impair buffer
functions. |
| (h) |
The value of
mitigation activities conducted pursuant to this rule, particularly Subsections
391-3-7-.05(7)(c)
and 391-3-7-.05(7)(d)
herein, and shall take regional differences into consideration on-site or
downstream, to be determined by development techniques or other measures that
will contribute to the maintenance or improvement of water quality, including
the use of low impact designs and integrated best management practices, and
reduction in effective impervious surface area. |
| (i) |
The long-term water quality impacts of
the proposed variance, as well as the construction impacts. And for
applications made under Subsections 391-3-7.05(2)(i) and
391-3-7-.05(2)(j),
the following criteria, which reflect regional differences in the state, shall
be used by the Director to assist in determining whether the project seeking a
variance will, when completed and with approved mitigation, result in
maintained or improved water quality downstream of the project and minimal net
impact to the buffer:
| 1. |
Division will assume
that the existing water quality conditions are commensurate with an undeveloped
forested watershed unless the applicant provides documentation to the contrary.
If the applicant chooses to provide baseline documentation, site and/or stream
reach specific water quality, habitat, and/or biological data would be needed
to document existing conditions. If additional data are needed to document
existing conditions, the applicant may need to submit a monitoring plan and
have it approved by the Division prior to collecting any monitoring data.
Existing local data may be used, if available and of acceptable quality to the
Division. |
| 2. |
The results of the
predicted pollutant loading under pre- and post-development conditions as
estimated by models accepted by the Division indicate that existing water
quality conditions will be maintained or improved. |
|
| (j) |
For applications made under Section
391-3-7-.05(2)(j),
for which a land disturbing activity is proposed within the buffer of a 303(d)
listed stream, or upstream and within 10 linear miles of a 303(d) listed
stream, the results of the model demonstrate that the project has no adverse
impact relative to the pollutants of concern in such stream segment. |
|
| (6) |
Within 60 days of receipt of a
complete buffer variance application, the Division will either provide written
comments to the applicant or propose to issue a variance. When the Division
proposes to issue a variance, it will issue a public notice. The public notice
shall describe the proposed buffer encroachment, the location of the project,
where the public can review site plans, and where comments should be sent. The
public shall have 30 days from the date of publication of the public notice to
comment on the proposed buffer variance. |
| (7) |
In all cases in which a buffer variance
is issued, the following conditions shall apply:
| (a) |
The variance shall be the minimum
reduction in buffer width necessary to provide relief. Streams shall not be
piped if a buffer width reduction is sufficient to provide relief. |
| (b) |
Disturbance of existing buffer vegetation
shall be minimized. |
| (c) |
Mitigation
is required for all major buffer impacts and shall offset the buffer
encroachment and any loss of buffer functions. Where lost functions cannot be
replaced, mitigation shall provide other buffer functions that are beneficial.
Buffer functions include, but are not limited to:
| 1. |
temperature control (shading); |
| 2. |
streambank stabilization; |
| 3. |
trapping of sediments, if any; |
| 4. |
removal of nutrients, heavy metals,
pesticides and other pollutants; |
| 5. |
aquatic habitat and food chain; |
| 6. |
terrestrial habitat, food chain and migration corridor; and |
| 7. |
buffering of flood flows. |
|
| (d) |
Mitigation should be on-site
when possible. Depending on site conditions, acceptable forms of mitigation may
include but are not limited to:
| 1. |
Restoration of the buffer to a naturally vegetated state to the extent
practicable, or to current existing conditions; |
| 2. |
Bioengineering of channels to reduce bank
erosion and improve habitat; |
| 3. |
Creation or restoration of wetlands; |
| 4. |
Stormwater management systems to better
maintain the pre-development flow regime (with consideration given to
downstream effects) that exceeds the requirements of applicable ordinances at
the time of application; |
| 5. |
Reduction in pollution sources, such as on-site water quality treatment or
improving the level of treatment of septic systems; |
| 6. |
Other forms of mitigation that protect or
improve water quality and/or aquatic wildlife habitat; |
| 7. |
An increase in buffer width elsewhere on
the property; |
| 8. |
Mitigation as
required under a Clean Water Act Section 404 or Nationwide permit issued by the
U.S. Army Corps of Engineers; |
| 9. |
Stormwater management systems described in the most recent publication of the
Georgia Stormwater Management Manual and the Coastal Stormwater Supplement to
the Georgia Stormwater Management Manual; |
| 10. |
Mitigation as described in the most
recent publication of the Division's guidance document, Stream Buffer
Mitigation Guidance. |
|
| (e) |
Forms of mitigation that are not acceptable include:
| 1. |
Activities that are already required by
the Georgia Erosion and Sedimentation Act, such as the minimal use of best
management practices; |
| 2. |
Activities
that are already required by other federal, state and local laws, except as
described in 391-3-7.05(7)(d) above. U.S. Army Corps of Engineers mitigation is
acceptable. |
|
| (f) |
The
Division will not place a condition on a variance that requires a landowner to
deed property or the development rights of property to the state or to any
other entity. The landowner may voluntarily preserve property or the
development rights of property as a mitigation option with the agreement of the
Division. |
|
| (8) |
If the
approved buffer impacts are not completed within five years of the date issued,
buffer variances issued on or after the effective date of this rule will become
null and void.
The applicant may request a buffer variance time extension
only if the approved buffer impacts will not be completed prior to the buffer
variance expiration date. The buffer variance time extension, if granted, can
be for a period of up to five years. If the applicant can demonstrate that a
time extension for a period of greater than five years is reasonable, the
Director may grant a buffer variance time extension for a reasonable period of
greater than five years. A buffer variance time extension may be issued only
once.
The buffer variance time extension must be requested in
writing at least 90 calendar days prior to the buffer variance expiration date
with justifiable cause demonstrated. Once an approved buffer variance expires,
it is no longer eligible for a time extension.
Time extension requests will be reviewed by the Division. The
Division will either provide written comments to the applicant or propose to
issue a buffer variance time extension within 60 days of receipt of a time
extension request. If there are any other changes to the original buffer
variance application, the Division shall issue a public notice in accordance
with Section
391-3-7-.05(6).
If a variance issued by the Director is acceptable to the
issuing authority, the variance shall be included as a condition of permitting
and therefore becomes a part of the permit for the proposed land disturbing
activity project. If a stream buffer variance is not acceptable to the issuing
authority, the issuing authority may issue a land disturbing permit without
allowing encroachment into the buffer.
|
| (9) |
A general variance is provided for piping
of trout streams with an average annual flow of 25 gpm or less. |
| (10) |
To obtain this general variance in
Section 391-3-7.05(9) for encroaching on the buffer of a trout stream, the
applicant must submit information to the issuing authority or EPD if there is
no issuing authority demonstrating that the average annual flow in the stream
is 25 gpm or less. There are two acceptable methods for making this
determination.
| (a) |
The USGS unit area runoff
map may be used to determine the threshold acreage that will produce an average
annual flow of 25 gpm or less. |
| (b) |
The applicant may submit a hydrologic analysis certified by a Registered
Professional Engineer or Geologist that presents information sufficient to
estimate that the average annual flow of each stream to be piped is 25 gpm or
less with a high level of certainty. |
|
| (11) |
Any stream piping performed in
accordance with this general variance in Section 391-3-7.05(9) shall be subject
to the following terms:
| (a) |
The total length
of stream that is piped in any one property shall not exceed 200
feet. |
| (b) |
Any project that involves
more than 200 ft of piping will require an individual variance for the entire
project. The general variance may not be applied to a portion of a project;
e.g., it is not permissible to pipe 200 ft of a stream under the general
variance and seek an individual variance for an additional length of
pipe. |
| (c) |
The downstream end of the
pipe shall terminate at least 25 ft before the property boundary. |
| (d) |
The applicant for a Land Disturbing
Activity Permit shall notify the appropriate issuing authority of the precise
location and extent of all streams piping as part of the land disturbing
activity permit application. The issuing authority (if other than the Division)
shall compile this information and convey it to the Division
annually. |
| (e) |
Where piping of a
stream increases the velocity of stream flow at the downstream end of the pipe,
appropriate controls shall be employed to reduce flow velocity to the
predevelopment level. Plans for such controls must be submitted as part of the
land disturbing activity permit. |
|
Turbidity of stormwater runoff discharges shall be controlled
to the extent that the limits established in O.C.G.A. 12-7-6 shall not be
exceeded.
| (1) |
The Division may periodically inspect the
site of any land disturbing activity for which a permit has been issued to
determine if such activity is being conducted in accordance with the permit and
to evaluate the effectiveness of the erosion and sediment control measures
employed. |
| (2) |
The Division shall
have the authority to conduct such investigations as it may reasonable deem
necessary to carry out its duties as prescribed by O.C.G.A. 12-7-1 et
seq., and these rules and regulations and for this purpose to enter at
reasonable times upon any property, public or private, for the purpose of
investigating and inspecting the sites of land disturbing activities. The
Division shall make its best efforts to contact a local issuing authority prior
to any site inspection of a project within that local issuing authority's
jurisdiction, provided however, that the Division shall, if contact was not
prior made, contact the local issuing authority not more than five (5) business
days after the site visit. |
| (3) |
No
person shall refuse entry or access to any authorized representative of the
Division who requests entry for purposed of inspection and who presents
appropriate credentials, nor shall any person obstruct, hamper or interfere
with any such representative while in the process of carrying out assigned
official duties. |
| (1) |
The
administration and enforcement of these rules and regulations shall be in
accordance with the Erosion and Sedimentation act of 1975, O.C.G.A. 12-7-1
et seq.; the Executive Reorganization Act of 1972, O.C.G.A.
12-2-1 et seq., and the Georgia Administrative Procedure Act,
O.C.G.A. 50-13-1 et seq., all as amended, but also includes
the authority to require corrective action and/or remediation of conditions
creating adverse water quality impacts, or otherwise in violation of these
rules, regulations and authorizing statutes. |
| (2) |
When the Division seeks to enforce the
requirements of these rules or the requirements of O.C.G.A. 12-7-1 et. seq., as
amended, in a jurisdiction covered by a certified local issuing authority, the
Division should coordinate enforcement with the local issuing authority.
However, coordination with a local issuing authority is not a prerequisite for
enforcement by the Division. |
| (1) |
Criteria for Certification.
| (A) |
City or county has adopted an ordinance
which demonstrates compliance with the provisions in Title 12, Chapter 7 of the
Official Code of Georgia. |
| (B) |
City
or county has inspection personnel, who are or will be qualified personnel
(within 6 months of date of hire) in erosion and sediment control. |
| (C) |
Required Documentation. A city or county
shall provided the following documentation to the Division:
| 1. |
A letter from the city or county
requesting certification as a Local Issuing Authority; and |
| 2. |
A listing of the number of inspectors
employed by the City or County that will be responsible for land disturbance
activity inspections and documentation of the training for each inspector;
and |
| 3. |
Documentation of the
geographic size of the jurisdiction; and |
| 4. |
Documentation of the estimated workload
and inspection frequency schedule for the inspectors; and |
| 5. |
A copy of the ordinance which demonstrates
compliance with the provisions in Title 12, Chapter 7 of the Official Code of
Georgia. |
|
| (D) |
The
Division shall provide written notification to the city or county of the
Director's decision no later than 60 days after receipt of request for
certification. In the case of a denial of local issuing authority
certification, the Division shall explain the deficiencies causing the denial.
The denial of certification by the Division shall not preclude a city or county
from making any subsequent application for certification. |
|
| (2) |
Responsibilities of Certified Local
Issuing Authorities.
| (A) |
City or
county demonstrates adequate program administration, record keeping and
enforcement as evidenced by:
| 1. |
Processing
land disturbing activity applications, issuing permits and compliance with
stream buffer variance requirements; and |
| 2. |
Maintaining a list of open land
disturbance permits; and |
| 3. |
Conducting inspections and maintaining reports of inspections including
violations; and |
| 4. |
Enforcing the
ordinance and keeping record of written notification of violations, stop-work
orders, court actions, etc. |
|
| (B) |
City or county must follow a Complaint
Investigation Process which:
| 1. |
Includes an
investigation of the complaint by the local issuing authority within 5 business
days; and |
| 2. |
Includes a mechanism
for referral of unresolved complaints to the Division; and |
| 3. |
Includes a monthly log of complaints and
inquiries, including actions taken. |
|
| (C) |
City or county with a Memorandum of
Agreement (MOA) with the appropriate local Soil and Water Conservation District
to review and approve an Erosion and Sedimentation Control Plan shall approve
or disapprove a revised Plan submittal within 35 days of receipt. Failure of
the city or county to act within 35 days shall be considered an approval of the
revised Plan submittal. |
|
| (3) |
De-certification of a Local Issuing
Authority.
| (A) |
Recommendation for
De-certification Investigation. The Division shall begin an investigation for
de-certification upon request with adequate documentation by the local Soil and
Water Conservation District or Georgia Soil and Water Conservation Commission
or on its own initiative if any of the following occurs:
| 1. |
City or county no longer has an ordinance
which demonstrates compliance with the provisions in Title 12, Chapter 7 of the
Official Code of Georgia; or |
| 2. |
City or county no longer has inspection personnel who are or will be qualified
personnel (within 6 months of date of hire) in erosion and sediment control;
or |
| 3. |
City or county does not
utilize their Complaint Investigation Process pursuant to
391-3-7-.09(2)(A);
or |
| 4. |
City or county no longer has
adequate program administration, record keeping and enforcement pursuant to
391-3-7-.09(2)(B). |
|
| (B) |
De-certification
Investigation. Within 60 days of receipt of the de-certification request, the
Division shall initiate an investigation by providing written notice of the
recommendation for de-certification to the local issuing authority and
detailing the perceived deficiencies enumerated in the recommendation. Prior to
any de-certification of a local issuing authority, the Division must perform an
on-site evaluation of the program.
The city or county shall have 30 days in which to respond in
writing to the Division and:
| 1. |
Acknowledge the noted deficiencies and agree to comply; or |
| 2. |
Offer explanation of why deficiency or
omission has occurred and establish a target deadline to comply; or |
| 3. |
Disagree with some or all of the noted
deficiencies and recommendations for improvement and request mediation between
the city or county and the Division. |
|
| (C) |
Review Local Issuing Authority Response.
The Director or his/her designee will review any response received from the
local issuing authority. The Director may then uphold, modify, suspend or
dismiss the de-certification recommendation. The determination of the Director
shall be made within 30 days from receipt of the response from the local
issuing authority. |
| (D) |
Final
Decision and Appeal. A determination made by the Director to uphold, modify,
suspend or dismiss the de-certification is a final action of the Director and
may be appealed in accordance with subsection (c) of Code Section
12-2-2. |
|
| (4) |
Continuing Certification. A local issuing authority shall submit documentation showing
continued compliance with the criteria for certification established at
391-3-7-.09(1)(A) and
(B) to the Division whenever an event
requiring the Division to evaluate a local issuing authority for continuing
compliance with the certification requirements occurs.
|
| (1) |
All applications shall contain a
certification stating that the plan preparer or his or her designee has visited
the site prior to creation of the plan. |
| (2) |
Plans submitted shall contain the
following certification:
"I certify under penalty of law that this Plan was prepared
after a site visit to the locations described herein by myself or my authorized
agent, under my direct supervision."
|
| (1) |
Buffers on
state waters are valuable in protecting and conserving land and water
resources. Therefore, there is established a 25 foot buffer along coastal
marshlands, as measured horizontally from the coastal marshland-upland
interface, except:
| (a) |
Where the Director
determines to allow a variance that is at least as protective of natural
resources and the environment under the variance criteria in
391-3-7-.11(2) through
(7) or under the variance by rule criteria in
391-3-7-.11(9);
or |
| (b) |
Where otherwise allowed by
the Director pursuant to O.C.G.A § 12-2-8; or |
| (c) |
Where an alteration within the buffer
area has been authorized pursuant to O.C.G.A. § 12-5-286; or |
| (d) |
For maintenance of any currently
serviceable structure, landscaping, or hardscaping, including bridges, roads,
parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and
patios; provided, however, that if such maintenance requires any
land-disturbing activity, adequate erosion control measures are incorporated
into the project plans and specifications and such measures are fully
implemented; or |
| (e) |
Where a
drainage structure or roadway drainage structure is constructed or maintained;
provided, however, that adequate erosion control measures are incorporated into
the project plans and specifications and such measures are fully implemented;
or |
| (f) |
On the landward side of any
currently serviceable shoreline stabilization structure; or |
| (g) |
For the maintenance of any manmade
storm-water detention basin, golf course pond, or impoundment that is located
entirely within the property of a single individual, partnership, or
corporation; provided, however, that adequate erosion control measures are
incorporated into the project plans and specifications and such measures are
fully implemented; or |
| (h) |
Crossings
for utility lines that cause a width of disturbance of not more than 50 feet
within the buffer; provided, however, that adequate erosion control measures
are incorporated into the project plans and specifications and such measures
are fully implemented; or |
| (i) |
Any
land-disturbing activity conducted pursuant to and in compliance with a valid
and effective land-disturbing permit issued subsequent to April 22, 2014, and
prior to December 31, 2015; provided, however, that adequate erosion control
measures are incorporated into the project plans and specifications and such
measures are fully implemented; or |
| (j) |
Any lot for which the preliminary plat
has been approved prior to December 31, 2015 if roadways, bridges, or water and
sewer lines have been extended to such lot prior to the effective date of this
Act and if the requirement to maintain a 25 foot buffer would consume at least
18 percent of the high ground of the platted lot otherwise available for
development; provided, however, that adequate erosion control measures are
incorporated into the project plans and specifications and such measures are
fully implemented. |
|
| (2) |
The buffer variance process will apply to all projects legally eligible for
variances, provided that adequate erosion control measures are incorporated in
the project plans and specifications and are implemented. Variance applications
will be reviewed by the Director only in the following cases:
| (a) |
The project involves the construction or
repair of an existing infrastructure project or a structure that, by its
nature, must be located within the buffer. Such structures include, but are not
limited to, dams, public water supply intake structures, detention/retention
ponds, waste water discharges, docks including access ways, boat launches
including access ways and stabilization of areas of public access to water;
or |
| (b) |
The project will result in
the restoration or enhancement to improve water quality and/or aquatic habitat
quality; or |
| (c) |
Buffer intrusion is
necessary to provide reasonable access to a property or properties;
or |
| (d) |
The intrusion is for utility
lines within or adjacent to existing utility or transportation right of ways or
that cannot reasonably be placed outside the buffer, and crossings and
vegetative disturbance are minimized; or |
| (e) |
Crossing for utility lines, including but
not limited to gas, liquid, power, telephone, and other pipelines, provided
that the number of crossings and the amount of vegetative disturbance are
minimized; or |
| (f) |
Recreational foot
trails and viewing areas, providing that impacts to the buffer are minimal;
or |
| (g) |
The project involves
construction of one (1) single family home for residential use by the owner of
the subject property and, at the time of adoption of this rule, there is no
opportunity to develop the home under any reasonable design configuration
unless a buffer variance is granted. Variances will be considered for such
single family homes only if construction is initiated or local government
approval is obtained prior to January 10, 2005; or |
| (h) |
The proposed land disturbing activity
within the buffer will require a permit from the United States Army Corps of
Engineers under Section 404 of the federal Water Pollution Control Act
Amendment of 1972, 33 U.S.C.
Section 1344, and the Corps of Engineers has
approved a mitigation plan to be implemented as a condition of such a permit;
or |
| (i) |
A plan is provided for
buffer intrusion that shows that, even with the proposed land disturbing
activity within the buffer, the completed project will result in maintained or
improved water quality; or |
| (j) |
The
proposed land disturbing activity includes an alteration within the buffer that
has been authorized pursuant to a permit issued by the United States Army Corps
of Engineers under Section 404 of the Federal Water Pollution Control Act of
1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899;
or |
| (k) |
The proposed land disturbing
activity within the buffer is not eligible for a permit from the United States
Army Corps of Engineers under Section 404 of the federal Water Pollution
Control Act Amendment of 1972,
33 U.S.C. Section
1344, and involves:
| 1. |
Piping, filling, or re-routing of waters
that are not jurisdictional Waters of the U.S.; or |
| 2. |
Buffer impacts due to new infrastructure
projects adjacent to state waters (jurisdictional and non-jurisdictional Waters
of the U.S.). This criterion shall not apply to maintenance and/or modification
to existing infrastructure. |
|
|
| (3) |
Except as provided in
391-3-7-.11(9), if
the buffer impact will be minor, the buffer variance request shall include the
following information at a minimum:
| (a) |
Site
map that includes locations of all state waters, wetlands, floodplain
boundaries and other natural features, as determined by field survey. |
| (b) |
Description of the shape, size,
topography, slope, soils, vegetation and other physical characteristics of the
property. |
| (c) |
Dated and numbered
detailed site plan that shows the locations of all structures, impervious
surfaces, and the boundaries of the area of soil disturbance, both inside and
outside of the buffer. The exact area of the buffer to be impacted shall be
accurately and clearly indicated. |
| (d) |
Description of the project, with details
of the buffer disturbance, including estimated length of time for the
disturbance and justification for why the disturbance is necessary. |
| (e) |
Calculation of the total area and length
of the buffer disturbance. |
| (f) |
Letter from the issuing authority (if other than the Division and as
applicable) stating that the issuing authority has visited the site and
determined the presence of coastal marshlands that require a buffer and that a
buffer variance is required. |
| (g) |
Erosion, sedimentation and pollution control plan. |
| (h) |
Re-vegetation plan as described in the
most recent publication of the Division's guidance book, "Streambank and
Shoreline Stabilization", or the "Hydromodification Best Management Practice
Manual for Coastal Georgia," and/or a plan for permanent vegetation as per the
"Manual for Erosion and Sedimentation Control in Georgia." |
| (i) |
For projects within the buffer of or
upstream and within one linear mile of an impaired water body on Georgia's
"305(b)/303(d) List Documents (Final)," documentation that the project will
have no adverse impacts relative to the pollutants of concern and if
applicable, documentation that the project will be in compliance with the TMDL
Implementation Plan(s). |
| (j) |
Applications must be on the most current forms provided by the
Division. |
|
| (4) |
If the
buffer impact will be major, the buffer variance request shall include all of
the information in
391-3-7-.11(3)(a) through
(j) above, with the exception of
391-3-7-.11(3)(h).
A buffer variance request for major buffer impacts shall also include the
following additional information:
| (a) |
For
variance requests made under
391-3-7-.11(2)(h) or
(j):
| 1. |
Joint Public Notice (JPN), if it is an individual permit; |
| 2. |
Pre-Construction Notification (PCN), if it
is a Nationwide Permit; |
| 3. |
Mitigation calculations; and |
| 4. |
Permit approval from the United States Army Corps of Engineers. |
|
| (b) |
Buffer mitigation plan
addressing impacts to critical buffer functions, including water quality and
floodplain, watershed and ecological functions based on an evaluation of
existing buffer conditions and predicted post construction buffer conditions
pursuant to
391-3-7-.11(7)(c)
herein. |
| (c) |
Plan for stormwater
control once site stabilization is achieved, when required by a local
stormwater ordinance. |
| (d) |
For
variance requests made under
391-3-7-.11(2)(i),
the application shall include the following water quality information:
| 1. |
Documentation that post-development
stormwater management systems to conform to the minimum standards for water
quality, channel protection, overbank flood protection and extreme flood
protection as established in the Georgia Stormwater Management Manual or the
equivalent and if applicable, the Coastal Stormwater Supplement to the Georgia
Stormwater Management Manual. |
| 2. |
Documentation that existing water quality will be maintained or improved based
on predicted pollutant loading under pre- and post-development conditions as
estimated by models accepted by the Division. |
|
| (e) |
For variance requests made under
391-3-7-.11(2)(k)1.,
the application shall include documentation from the United States Army Corps
of Engineers verifying the water bodies identified in the application are
non-jurisdictional waters of the United States under Section 404 of the Clean
Water Act. |
|
| (5) |
Upon
receipt of a complete application, the Division shall consider the complete
application and the following factors in determining whether to issue a
variance:
| (a) |
Locations of state waters,
wetlands, coastal marshlands, floodplain boundaries and other natural features
as determined by field surveys. |
| (b) |
Shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property. |
| (c) |
Location and extent of buffer
intrusion. |
| (d) |
Whether reasonable
alternative project designs, such as the use of retaining walls are possible
which do not require buffer intrusion or which require less buffer
intrusion. |
| (e) |
Whether issuance of
the variance, with the required mitigation plan, re-vegetation plan and/or plan
for permanent vegetation, is at least as protective of natural resources and
the environment. |
| (f) |
The current
condition of the existing buffer, to be determined by:
| 1. |
The extent to which existing buffer
vegetation is disturbed; |
| 2. |
The
hydrologic function of the buffer; and |
| 3. |
Hydrologic functional characteristics such
as bank vegetative cover, bank stability, or prior channel
alteration. |
|
| (g) |
The
extent to which the encroachment into the buffer may reasonably impair buffer
functions. |
| (h) |
The value of
mitigation activities conducted pursuant to this rule, particularly
391-3-7-.11(7)(c) and
(d) herein, development techniques or other
measures that will contribute to the maintenance or improvement of water
quality, including the use of low impact designs and integrated best management
practices, and reduction in effective impervious surface area. |
| (i) |
The long-term water quality impacts of
the proposed variance, as well as the construction impacts. And for
applications made under
391-3-7-.11(2)(i),
the following criteria shall be used by the Director to assist in determining
whether the project seeking a variance will, when completed and with approved
mitigation, result in maintained or improved water quality downstream of the
project and minimal net impact to the buffer:
| 1. |
The Division will assume that the existing
water quality conditions are commensurate with an undeveloped maritime forested
watershed unless the applicant provides documentation to the contrary. If the
applicant chooses to provide baseline documentation, site specific water
quality, habitat, and /or biological data would be needed to document existing
conditions. If additional data are needed to document existing conditions, the
applicant may need to submit a monitoring plan and have it approved by the
Division prior to collecting any monitoring data. Existing local data may be
used, if available and of acceptable quality to the Division. |
| 2. |
The results of the predicted pollutant
loading under pre- and post-development conditions as estimated by models
accepted by the Division indicate that existing water quality conditions will
be maintained or improved. |
|
| (j) |
For applications made under
391-3-7-.11(2)(i),
for which a land disturbing activity is proposed within the buffer of a 303(d)
listed water body, or upstream and within one linear mile of a 303(d) listed
water body, the results of the model demonstrate that the project has no
adverse impact relative to the pollutants of concern. |
|
| (6) |
Within 60 days of receipt of a complete
buffer variance application, the Division will either provide written comments
to the applicant or propose to issue a variance. When the Division proposes to
issue a variance, it will issue a public notice. The public notice shall
describe the proposed buffer encroachment, the location of the project, where
the public can review site plans, and where comments should be sent. The public
shall have 30 days from the date of publication of the public notice to comment
on the proposed buffer variance. |
| (7) |
In all cases in which a buffer variance
is issued, the following conditions shall apply:
| (a) |
The variance shall be the minimum
reduction in buffer width necessary to provide relief. |
| (b) |
Disturbance of existing buffer vegetation
shall be minimized. |
| (c) |
Mitigation
is required for all major buffer impacts and shall offset the buffer
encroachment and any loss of buffer functions. Where lost functions cannot be
replaced, mitigation shall provide other buffer functions that are beneficial.
Buffer functions include, but are not limited to:
| 1. |
temperature control (shading); |
| 3. |
trapping of sediments, if any; |
| 4. |
removal of nutrients, heavy metals,
pesticides and other pollutants; |
| 5. |
aquatic habitat and food chain; |
| 6. |
terrestrial habitat, food chain and migration corridor; |
| 7. |
buffering of flood flows; and |
| 8. |
maintenance of salinity through buffering
of freshwater flows. |
|
| (d) |
Mitigation should be on-site when possible. Depending on site conditions,
acceptable forms of mitigation may include, but are not limited to:
| 2. |
Bioengineering of channels to reduce bank
erosion and improve habitat; |
| 3. |
Creation or restoration of wetlands; |
| 4. |
Stormwater management systems to better
maintain the pre-development flow regime (with consideration given to
downstream effects) that exceeds the requirements of applicable ordinances at
the time of application; |
| 5. |
Reduction in pollution sources, such as on-site water quality treatment or
improving the level of treatment of septic systems; |
| 6. |
Other forms of mitigation that protect or
improve water quality and/or aquatic wildlife habitat; |
| 7. |
An increase in buffer width elsewhere on
the property; |
| 8. |
Mitigation as
required under a Clean Water Act Section 404 or Nationwide permit issued by the
U.S. Army Corps of Engineers; or |
| 9. |
Stormwater management systems described in the most recent publication of the
Georgia Stormwater Management Manual and the Coastal Stormwater Supplement to
the Georgia Stormwater Management Manual. |
|
| (e) |
Forms of mitigation that are
not acceptable include:
| 1. |
Activities that are already required by the Georgia Erosion and Sedimentation
Act, such as the minimal use of best management practices; |
| 2. |
Activities that are already required by
other federal, state and local laws, except as described in
391-3-7-.11(7)(d)
above. U.S. Army Corps of Engineers mitigation is acceptable. |
|
| (f) |
The Division will not place a
condition on a variance that requires a landowner to deed property or the
development rights of property to the state or to any other entity. The
landowner may voluntarily preserve property or the development rights of
property as a mitigation option with the agreement of the Division. |
| (g) |
If a variance issued by the Director is
acceptable to the issuing authority, the variance shall be included as a
condition of permitting and therefore becomes a part of the permit for the
proposed land disturbing activity project. If a buffer variance is not
acceptable to the issuing authority, the issuing authority may issue a land
disturbing permit without allowing encroachment into the buffer. |
|
| (8) |
A buffer variance will expire
five years after the effective date, unless a request for an extension is
submitted prior to the expiration date, with justifiable cause demonstrated.
The applicant may request a buffer variance time extension
only if the approved buffer impacts will not be completed prior to the buffer
variance expiration date. The buffer variance time extension, if granted, can
be for a period of up to five years. If the applicant can demonstrate that a
time extension for a period of greater than five years is reasonable, the
Director may grant a buffer variance time extension for a reasonable period of
greater than five years.
Time extension requests will be reviewed by the Division. The
Division will either provide written comments to the applicant or propose to
issue a buffer variance time extension within 60 days of receipt of a time
extension request. If there are any significant changes to the original buffer
variance application, the Division shall issue a public notice in accordance
with 391-3-7-.11(6).
|
| (9) |
Variance By Rule
| (a) |
Notwithstanding any other provision of
these Rules, the following activities have minimal impact on the water quality
or aquatic habitat of the adjacent coastal marshland and therefore are deemed
to have an approved buffer variance.
| 1. |
Activities where the area within the buffer is not more than 500 square
feet. |
| 2. |
Activities that have a
"Minor Buffer Impact" as defined in
391-3-7-.01(r),
provided that the total area of buffer impacts is less than 5,000 square feet.
A proposed development site may not be subdivided into smaller projects or
phases to circumvent the 5,000 square feet limitation. |
|
| (b) |
Bank and shoreline stabilization
structures are not eligible for coverage under the variance by rule. |
| (c) |
Notification shall be made at least 14
days prior to the commencement of land-disturbing activities to provide the
Division an opportunity to review the activity to ensure it meets the
applicable criteria. Unless notified by the Division to the contrary, an
applicant who submits a notification in accordance with
391-3-7-.11(9) is
authorized to encroach into the buffer 14 days after the notification form is
received by the Division. A buffer variance by rule expires if the buffer
impacts are not completed within two years after the notification form is
received by the Division. The Director may deny coverage under this variance by
rule and require submittal of an application for an individual variance based
on the review of the documentation submitted or other information. Persons
failing to notify the Director of such activities shall be deemed to be
operating without a variance. |
| (d) |
Notification for a variance by rule is to be submitted by return receipt
certified mail (or similar service that provides confirmation of receipt) to
both the Division and to the Local Issuing Authority in jurisdictions
authorized to issue Land Disturbance Permits. |
| (e) |
An individual variance will be required
for any activity that does not qualify for a variance by rule. |
| (f) |
Any notification for a variance by rule
shall include the following:
| 1. |
Description
of the activity, with details of the buffer disturbance, including area and
length of the buffer to be impacted and estimated length of time for the
disturbance. |
| 2. |
Photographs of the
area that will be affected by the proposed activity. |
| 3. |
Notice of a land-disturbing activity to be
covered by a variance by rule must be on the most current forms provided by the
Division. |
|
| (g) |
Any
variance by rule shall be subject to the following requirements:
| 1. |
The following information shall be
maintained onsite until final stabilization of the site is complete:
| i. |
Site plan that shows the locations of all
structures, impervious surfaces, and the boundaries of the area of soil
disturbance, both inside and outside of the buffer. The exact area and length
of the buffer to be impacted shall be accurately and clearly
indicated. |
| ii. |
Documentation that
adequate erosion control measures are incorporated into the project plans and
specifications. |
|
| 2. |
Disturbance of existing buffer vegetation shall be minimized. |
| 3. |
Final stabilization of the site must
include a re-vegetation plan as described in the most recent publication of the
Division's guidance book, "Streambank and Shoreline Stabilization." It is
recommended that vegetation be native riparian vegetation. |
| 4. |
Temporary vegetative measures must be
implemented within 14 calendar days following the completion of any soil
disturbance and the site shall be stabilized at the end of every day until
project completion. |
| 6. |
Post construction stormwater management
practices should be considered. Best management practices can be found in the
latest edition of the Georgia Stormwater Management Manual or the Coastal
Supplement to the Georgia Stormwater Management Manual. |
| 7. |
All other applicable federal, state, and
local laws, rules and ordinances, including erosion and sedimentation control
must be fully complied with prior to commencement of project
construction. |
| 8. |
For a variance by
rule under
391-3-7-.11(9)(a)1.,
cumulative impacts shall not exceed 500 square feet within a 5 year
period. |
| 9. |
Any activity that does
not meet the requirements of
391-3-7-.11(9)(g)
is in violation of the variance by rule. |
|
|
