Attachment_13-8_-_NOI_Submission_Instructions.pdf

Less Than One Acre (Not Part of LCP) Project Requirements

This page provides guidance for projects that disturb less than one (1) acre; are not part of a larger common plan for development or sale (LCP); and are located outside of the 8 coastal counties (Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry and Jasper) subject to the requirements of the S.C. Coastal Zone Management Plan. If the less than one (1) acre project is to be constructed in a MS4 or Urbanized Area, the respective MS4 or UA must be consulted to identify additional project requirements. The Where To Apply guidance may also be consulted for MS4/UA contact information.

Regulatory Basis: The S.C. Stormwater Management and Sediment Reduction Act (R.72-300) requires that for land disturbing activities involving two (2) acres or less of actual land disturbance which are not part of a larger common plan of development or sale, the person responsible for the land disturbing activity shall submit a simplified stormwater management and sediment control plan meeting the requirements of R.72-307H. In addition to R.72-300, all projects that disturb 1 acre or more are subject to the requirements of the NPDES General Permit for Storm Water Discharges from Large and Small Construction Activities (CGP).

Additionally, projects may be subject to requirements of local governments through local ordinances, in particular, those areas that are considered Municipal Separate Storm Sewer Systems (MS4s) under the NPDES program. Please see S.C. DHEC’s MS4 website for more information. This specific guidance addresses requirements only for less than one (1) acre non-coastal projects.

Definition LCP: The plan in LCP is “broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot.” [63 Federal Register No. 128, July 6, 1998, p. 36491] For example, if master calculations have been prepared and/ or submitted for an entire site, then all phases and parcels at that site would be considered part of an LCP. If the site is part of a subdivision, industrial park, commercial park, etc., then it is considered to be part of an LCP. If there have been land-disturbing activities, including clearing, grading or excavating, that resulted in one (1) disturbed acre or more since 1992, then any future land-disturbing activities at the site are considered to be part of an LCP. If you are unable to determine if a plan is part of a LCP, you may contact the Department or the respective MS4/UA (when applicable) for assistance.

Less Than One (1) Acre Non-Coastal Project Requirements:

Projects that disturb less than 1 acre and are not part of a larger common plan for development or sale (LCP) require the submittal of a simplified plan sheet and Notification Form (DHEC Form 2628) or other form provided by DHEC. If the less than one (1) acre project is to be constructed inside a MS4 or Urbanized Area, you must first contact the respective MS4 or UA to identify applicable project requirements. Please note that stormwater detention is not required under R. 72-300 for projects in this program area, however, these projects are required to provide adequate sediment and erosion controls in order to insure no offsite sedimentation into Waters of the State, adjacent properties, and public right-of-ways.

Please also note that the Department does not regulate the placement of fill in floodplains. You must contact your local city or county official for such approval.

Following is a summary of S.C. DHEC’s submittal requirements for non-coastal projects that disturb less than one (1) acre and are not part of a LCP or MS4/UA:

1. Provide one (1) complete (signed and dated) Notification Form (DHEC Form 2628) or other form provided by DHEC. Note: The Notification form must be signed and dated by the Project Owner/Operator.

2. Provide one (1) copy of the plan/sketch if e-mailed and two (2) copies if submitted as hardcopy. Note: Plan is not required to be prepared by an engineer, Tier B surveyor, or landscape architect; however, if an individual with one of these licenses prepares the plan, then they must sign and seal the plans. The sketched plan should include:

(a) A site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, streams and rivers; (b) The boundary lines of the site on which the work is to be performed; (c) The location of temporary and permanent vegetative and structural stormwater management and sediment control measures; and (d) A topographic map of the site (if required by the implementing agency).

3. A narrative description of the stormwater management and sediment control plan to be used during land disturbing activities. Note: This may be included on the plans instead of in a written narrative. Include a general description of topographic and soil conditions of the property. Include a general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties.

Once completed, the notification package (form, plans, and narrative) may be e-mailed (as pdf) to Stormwaterlessthan1@dhec.sc.gov for electronic processing by the Bureau of Water. A notice of receipt will be e-mailed to the applicant upon successful receipt of the notification package. Once the notification package has been screened for completeness and applicability, a letter requesting additional information or an approval letter will be e-mailed to the project owner/operator at the e-mail address provided on the notification form. A copy of the Notification letter will also be e-mailed to SCDHEC Regional inspectors. If electronic submittal is not possible or desired, Less Than One Acre notifications may be mailed to SCDHEC - Bureau of Water, Stormwater Permitting Section, 2600 Bull Street, Columbia, S.C. 29201.

DHEC 2628 (03/2010) SOUTH CAROLINA DEPARTMENT OF

HEALTH AND ENVIRONMENTAL CONTROL

Solicitation No. FA480319BA003 NOI Submission_Attachment 13-08

VLSB, 06-0020, Repair CONS/LRS B216