(a) Any person intending to conduct an individual linear utility line construction project that will result in the disturbance of five hundred (500) linear feet or more, of unpaved land surface, but less than one (1) acre of unpaved land surface, shall submit an erosion and sediment control plan to the division of engineering and obtain a land disturbance permit prior to conducting any such activities as required by section 16-101.
(b) Any person who intends to conduct linear utility line construction projects that individually disturb less than one (1) acre of unpaved land surface on a regular basis shall submit an operational linear utility line erosion control plan to the division of engineering for review and obtain a linear utility line land disturbance general permit for all such activities commenced within a twenty-four-month period from the date of permit issuance. For purposes of this section, regular basis shall mean such projects are conducted on more than ten (10) occasions during a calendar year. The initial linear utility line erosion control plan shall be submitted within ninety (90) days of the effective date of this division.
(c) Any person conducting an individual linear utility line construction project that will result in the disturbance of five hundred (500) linear feet or more of paved land surface and which immediately places an all excavated materials into a truck or other transportable soil containment device shall not be required to submit a linear erosion control plan.
(d) A linear utility line erosion control plan shall contain erosion and sediment control best management practices as are required for erosion and sediment control plans under section 16-101, taking into account the unique characteristics of utility line construction projects, and shall be specified for categories of proposed and anticipated activities based upon:
(1) Type of construction activity;
(2) Proximity of perennial or intermittent streams, wetlands, sinkholes, or municipal storm sewer inlets;
(3) Size of disturbance, including disturbance width;
(4) Other factors, such as slope, deemed relevant to minimizing erosion impacts from stormwater runoff for the category of activities and conditions that can be expected to be encountered.
Best management practices shall be described, by way of example, for stockpiled soils, backfilled area, stream crossings, storm sewer inlet protection, trench dewatering, and revegetated areas.
(e) Linear utility line construction projects subject to this section shall be conducted in compliance with a land disturbance permit or linear utility line land disturbance general permit.
(f) Aspects of a linear utility line erosion 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.
(g) All linear utility line erosion 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.
(h) 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 general 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 fifteen (15) 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.
(i) A fifty (50) foot vegetated buffer shall be maintained between the land disturbance activities and the edge of any perennial or intermittent stream, wetland, open throat sinkhole, or municipal storm sewer inlet. Where 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 used as described in the linear utility line erosion control plan. In such cases, the permittee shall minimize disturbances in buffer zone areas.
(j) The permittee shall revise the linear utility line erosion control plan whenever control measures are significantly modified. Changes to an approved erosion control plan that affect 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 make regular inspections of all control measures. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for 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 completion of a project and shall be available for inspection consistent with subsection 16-207(c).
(l) 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.
(m) The permittee shall, to the extent practicable, minimize land disturbances and the period of time the disturbed area is exposed without stabilization practices.
(n) 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 prior to commencing construction on a project that will result in a disturbance of five hundred (500) linear feet or more of existing land surface.
(o) The permittee shall post a copy of the land disturbance permit at the work site in a conspicuous location. If posting the land disturbance permit is not practical, a copy of the sections of the general permit that relate to the work being performed shall be available at the work site whenever work is being performed. The erosion control plan shall also be available at the work site whenever work is being performed.
(p) Linear utility line construction projects that result in the disturbance of one (1) acre or more of existing land surface as part of an individual project are subject to section 16-104 permit requirements.
(Ord. No. 151-2010, § 2, 8-26-10; Ord. No. 217-2016 , §§ 6, 7, 12-6-16)