(a) Any person intending to conduct clearing, grading, excavating, or filling activities associated with construction of a new residential or commercial building that will result in the disturbance of less than one (1) acre of existing land surface shall submit an erosion and sediment control plan to the division of engineering and obtain a land disturbance permit from the division prior to conducting any such activities.
(b) Unless exempted by section 16-100, any person intending to conduct other clearing, grading, excavating, stripping, or filling activities that will result in the disturbance of five thousand (5,000) or more square feet, but less than one (1) acre of existing land surface, shall submit an erosion and sediment control plan to the division of engineering and obtain a land disturbance permit from the division prior to conducting any such activities.
(c) All erosion and sediment control plans shall be prepared in accordance with this article, the Engineering Stormwater Manual and Engineering Standard Drawings, as revised, modified, or amended from time to time, and shall contain erosion and sediment control best management practices that are reasonable and effective for minimizing impacts of stormwater runoff. Aspects of an erosion and sediment control plan that involve engineering design as defined in KRS 322.010 shall be prepared by a professional engineer licensed in Kentucky and shall be so identified and designated in the plan.
(d) The division of engineering shall conduct a summary review of erosion and sediment control plans to assess whether plans reasonably include measures that address potential water quality impacts from construction prior to issuance of the land disturbance permit. It shall be the sole responsibility of the permit applicant to ensure the accuracy and completeness of all drawings, calculations, and reports, and to ensure construction feasibility of the design. Within ten (10) working days after receipt of a plan, the division shall notify the permit applicant, in writing, of any deficiencies or omissions or shall issue the land disturbance permit.
(e) The permittee shall implement the erosion and sediment control plan in conducting activities under the land disturbance permit.
(f) A land disturbance permit issued under this section shall expire one (1) year from the issuance date. The land disturbance permit shall expire if work has not commenced within one hundred eighty (180) days of the permit issuance date, or if no construction activity has occurred within a one-hundred-eighty-day period. The permittee may, at least ten (10) days prior to the expiration of the permit, request in writing an extension. The division of engineering shall extend the expiration date contained in the permit upon a showing by the permittee in the extension request:
(1) That there is sufficient justification for the extension;
(2) That the extension not create a new erosion hazard or permit an existing one to continue; and
(3) That a new completion date has been set.
(g) Erosion and sediment control plans shall conform to the requirements of the Engineering Stormwater Manual, as revised, modified, or amended from time to time, and shall include:
(1) A discussion of the land disturbing project including the purpose, location, and size of the area to be disturbed;
(2) A discussion of the topography, land cover conditions, soils, percent of impervious areas, and drainage patterns both before and after land disturbance;
(3) An identification of land use and cover conditions of adjacent property;
(4) A schedule of the work to be conducted including the projected beginning and completion dates of construction activities, and construction sequencing, including clearing, grading, and revegetation activities, as well as any winter shut-downs;
(5) A listing of erosion and sediment control best management practices, along with location, installation schedule, and the rationale for each use, such as silt fences, diversion ditches, earthen berms, grass strips, or other methods installed in conformance with the Stormwater Manual, as revised, modified, or amended from time to time, to prevent, to the maximum extent practicable, sediment from washing into streets, catch basins, storm sewers, grassed open channels, or adjacent seeded or sodded lots;
(6) A listing of stormwater pollution control and best management practices to minimize pollution during construction (other than erosion) that might result from construction activities;
(7) A discussion of the permittee's inspection and maintenance activities for erosion and sediment control best management practices;
(8) A site map showing:
I. Areas of disturbance;
II. Locations of proposed controls, utilities, paved areas, and construction entrances; and
III. All perennial or intermittent streams, wetlands, sinkholes, retention basins, retention ponds, culverts, and storm sewer inlets within one hundred (100) feet of the site.
(h) A fifty (50) foot vegetated buffer shall be maintained between the land disturbance activity and the edge of any perennial or intermittent stream, wetland, open throat sinkhole, or municipal storm sewer inlet. If a fifty (50) foot vegetated buffer is not feasible due to the nature or purpose of the activity, a protective alternate erosion control shall be proposed and justified in the erosion and sediment control plan. In such cases, the permittee shall minimize disturbances in buffer zone areas.
(i) The permittee shall post a copy of the land disturbance permit at the work site in a conspicuous location.
(j) The permittee shall revise the erosion and sediment control plan whenever control measures are significantly modified. Changes to an approved erosion and sediment control plan that alter engineering designs shall be resubmitted to the division of engineering and the division of water quality for review prior to implementing the revised plan.
(k) The permittee shall notify the division of engineering and the division of water quality in writing (email, fax, or letter) at least two (2) working days before the following:
(1) Start of construction;
(2) Completion of soil stabilization.
(l) The permittee shall make regular inspections of all control measures. The purpose of such inspections will be to determine the overall effectiveness of the erosion control plan and the need for maintenance and/or additional control measures. Records shall be maintained of each inspection that include:
(1) The date of the inspection;
(2) The name of the inspector;
(3) The findings from the inspection; and
(4) Any actions taken as a result of the inspection.
Records shall be retained for one hundred eighty (180) days following termination of the permit after project completion and shall be available for inspection consistent with subsection 16-207(c).
(m) The permittee shall promptly amend erosion and sediment control practices if its own inspections, or inspections by the urban county government, determine that existing erosion control measures or other best management practices in the plan are ineffective at minimizing sediment in stormwater runoff.
(n) The permittee shall, to the extent practicable, minimize land disturbances and the period of time the disturbed area is exposed without stabilization practices.
(o) The requirement to obtain and maintain permit coverage for activities subject to this section shall not terminate until a complete notice of termination is filed with the division of water quality and a final site inspection is completed by the division of water quality concurring that the terms of the permit have been met. The division of water quality shall complete the final inspection within thirty (30) calendar days of receipt of the notice of termination.
(Ord. No. 151-2010, § 2, 8-26-10; Ord. No. 217-2016 , §§ 3—5, 12-6-16)