(a)
No person shall perform any non-agricultural land disturbance which requires a pollution,
sediment and erosion control permit as specified in this section and as defined in
this chapter, without first obtaining a pollution, sediment and erosion control permit
for such work from the building official.
(b)
These regulations, including the incorporation of relevant best management practices
(BMPs), shall apply to all non-agricultural land disturbance, erosion and sediment
control measures and drainage devices on privately owned land where, (I) the volume
of earth moved is less than fifty cubic yards; (II) no cut or fill exceeds three feet
in vertical distance to the natural contour of the land; (III) there are no elevation
changes to the natural contour within the watercourse/drainageway setback; and where
the area of non-agricultural land disturbance meets or exceeds one or more of the
following:
(1)
One acre or more of non-agricultural land disturbance;
(2)
Five thousand square feet or more of non-agricultural land disturbance occurs on slopes
with a natural gradient over thirty percent;
(3)
Five thousand square feet or more of land disturbance occurs within the watercourse/drainageway
setback, including any street, curb, gutter and/or storm drain conveyance system that
discharges directly into a watercourse or drainage way.
Exception: Pollution, sediment and erosion control permits are not required for, (I)
undisturbed land clearing or (II) non-agricultural land disturbance in an urban area
within fifty feet of a drainage way or street, curb gutter, and/or storm drain conveyance
system, or non-agricultural land disturbance in a rural area within one hundred feet
of a drainage way or street, curb, gutter and/or storm drain conveyance system between
April 15 and October 31 provided the area of disturbance is less than one acre and
the area has been re-stabilized by October 31.
Note: These are minimum requirements. If the director or the building official determines
that additional controls and/or lower thresholds for non-agricultural land disturbance
are required to meet specific water quality regulatory requirements in watersheds
that drain to impaired receiving waters (as defined by the Central Coast Regional
Water Quality Control Board), additional requirements may be imposed due to the project's
proximity to the watercourse, steepness of the slopes, soil type, sensitive habitats,
etc.
(c)
Notwithstanding these regulations, no person shall cause or allow a significant environmental
impact to occur as a result of non-agricultural land disturbance as defined herein,
including non-agricultural land disturbance that is otherwise exempt from these regulations.
In the event that the director determines that a significant environmental impact
is likely to occur or has occurred as a result non-agricultural land disturbance,
the director may deny or revoke the pollution, sediment and erosion control permit.
If necessary, the director may require a pollution, sediment and erosion control permit
for work that is otherwise exempt from these regulations in order to address the significant
environmental impact identified.
(d)
Where pollution, sediment and erosion control permits are required under provisions
in this chapter, they shall be valid for a period of two years from the date of issuance,
except that prior to expiration of the permit the building official may grant a two-year
extension for good cause shown.
(e)
Fees for each pollution, sediment and erosion control permit shall be paid to the
county according to a fee schedule adopted from time to time by resolution of the
board of supervisors. The amount shall be equal to the pollution, sediment and erosion
control inspection fee for the purpose of a time extension.
(f)
The application and plans for a pollution, sediment and erosion control permit for
non-agricultural land disturbance shall include evidence of the inclusion of erosion
and sediment control measures, including, but without limitation, the following:
(1)
An application and three sets of plans sufficiently detailed to allow reasonable review
and interpretation of the proposed work and the associated erosion control measures
provided. Maps shall include all property boundaries and shall be drawn to the scale
of one inch equals forty feet or the most reasonable scale available for the area;
(2)
The location and details of runoff control, drainage devices, sedimentation control,
pollution control and other measures of erosion control (BMPs), including re-vegetation
of denuded areas;
(3)
A brief description of the re-vegetation practices to be used, including types of
seeds and their application rates. Where surface erosion will not be a nuisance, re-vegetation
may be delayed until just prior to the next rainy season upon approval by the building
official.
(g)
The following inspections are required for work completed with a pollution, sediment
and erosion control permit:
(1)
Site investigation: upon submittal of an application for a pollution, sediment and
erosion control permit;
(2)
Initial inspection: when permittee is ready to begin work, or during the early stages
of the permitted work;
(3)
Drainage devices: prior to burial of piping or pouring of concrete;
(4)
Final inspection: when all erosion control work, including installation of drainage
structures, other protective devices, seeding and slope stabilization has been completed.
(h)
Work conducted under the provisions of pollution, sediment and erosion control permits
shall incorporate reasonable dust and debris control measures as required in section 14-23.
