S.C. Code Regs. § § 72-307

Current through Register Vol. 48, No. 11, November 22, 2024

Section 72-307 - Specific Design Criteria, Minimum Standards and Specifications

A. General submission requirements for all projects requiring stormwater management and sediment control plan approval will include the following information as applicable:

(1) A standard application form,

(2) A vicinity map indicating north arrow, scale, and other information necessary to locate the property or tax parcel,

(3) A plan at an appropriate scale accompanied by a design report and indicating at least:

(a) The location of the land disturbing activity shown on a USGS 7.5 minute topographic map or copy.

(b) The existing and proposed topography, overlayed on a current plat showing existing and proposed contours as required by the implementing agency. The plat and topographic map should conform to provisions of Article 4, Regulations 400-490.

(c) The proposed grading and earth disturbance including:

1. Surface area involved; and

2. Limits of grading including limitation of mass clearing and grading whenever possible.

(d) Stormwater management and stormwater drainage computations, including:

1. Pre- and post-development velocities, peak rates of discharge, and inflow and outflow hydrographs of stormwater runoff at all existing and proposed points of discharge from the site,

2. Site conditions around points of all surface water discharge including vegetation and method of flow conveyance from the land disturbing activity, and

3. Design details for structural controls.

(e) Erosion and sediment control provisions, including:

1. Provisions to preserve top soil and limit disturbance;

2. Details of site grading; and

3. Design details for structural controls which includes diversions and swales.

(4) Federal Emergency Management Agency flood maps and federal and State wetland maps, where appropriate.

(5) The appropriate plan approval agency shall require that plans and design reports be sealed by a qualified design professional that the plans have been designed in accordance with approved sediment and stormwater ordinances and programs, regulations, standards and criteria.

(6) Additional information necessary for a complete project review may be required by the appropriate plan approval agency as deemed appropriate. This additional information may include items such as public sewers, water lines, septic fields, wells, etc.

B. Specific requirements for the erosion and sediment control portion of the stormwater management and sediment control plan approval process include, but are not limited to, the following items. The appropriate plan approval agency may modify the following items for a specific project or type of project.

(1) All plans shall include details and descriptions of temporary and permanent erosion and sediment control measures and other protective measures shown on the stormwater and sediment management plan. Procedures in a stormwater and sediment management plan shall provide that all sediment and erosion controls are inspected at least once every seven calendar days and after any storm event of greater than 0.5 inches of precipitation during any 24-hour period.

(2) Specifications for a sequence of construction operations shall be contained on all plans describing the relationship between the implementation and maintenance of sediment controls, including permanent and temporary stabilization and the various stages or phases of earth disturbance and construction. The specifications for the sequence of construction shall, at a minimum, include the following activities:

(a) Clearing and grubbing for those areas necessary for installation of perimeter controls;

(b) Installation of sediment basins and traps;

(c) Construction or perimeter controls;

(d) Remaining clearing and grubbing;

(e) Road grading;

(f) Grading for the remainder of the site;

(g) Utility installation and whether stormdrains will be used or blocked until after completion of construction;

(h) Final grading, landscaping, or stabilization; and

(i) Removal of sediment controls.

Changes to the sequence of construction operations may be modified by the person conducting the land disturbing activity or their representative and do not constitute a violation unless measures to control stormwater runoff and sediment are not utilized.

(3) The plans shall contain a description of the predominant soil types on the site, as described by the appropriate soil survey information available through the Commission or the local Conservation District.

(4) When work in a live waterway is performed, precautions shall be taken to minimize encroachment, control sediment transport and stabilize the work area to the greatest extent possible during construction.

(5) Vehicle tracking of sediments from land disturbing activities onto paved public roads carrying significant amounts of traffic (ADT of 25 vehicles/day or greater) shall be minimized.

C. Specific requirements for the permanent stormwater management portion of the stormwater management and sediment control plan approval process include, but are not limited to, the following items. The appropriate plan approval agency may modify the following items for a specific project or type or project.

(1) It is the overall goal of the Commission to address stormwater management on a watershed basis to provide a cost effective water quantity and water quality solution to the specific watershed problems. These regulations will provide general design requirements that must be adhered to in the absence of Designated Watershed specific criteria.

(2) All hydrologic computations shall be accomplished using a volume based hydrograph method acceptable to the Commission. The storm duration for computational purposes for this method shall be the 24-hour rainfall event, SCS distribution with a 0.1 hour burst duration time increment. The rational and/or modified rational methods are acceptable for sizing individual culverts or stormdrains that are not part of a pipe network or system and do not have a contributing drainage area greater than 20 AC. The storm duration for computational purposes for this method shall be equal to the time of concentration of the contributing drainage area or a minimum of 0.1 hours, whichever is less.

(3) Stormwater management requirements for a specific project shall be based on the entire area to be developed, or if phased, the initial submittal shall control that area proposed in the initial phase and establish a procedure and obligation for total site control.

(4) Water quantity control is an integral component of overall stormwater management. The following design criteria for flow control is established for water quantity control purposes, unless a waiver is granted based on a case-by-case basis:

(a) Post-development peak discharge rates shall not exceed pre-development discharge rates for the 2-and 10-year frequency 24-hour duration storm event. Implementing agencies may utilize a less frequent storm event (e.g. 25-year, 24-hour) to address existing or future stormwater quantity or quality problems.

(b) Discharge velocities shall be reduced to provide a nonerosive velocity flow from a structure, channel, or other control measure or the velocity of the 10-year, 24-hour storm runoff in the receiving waterway prior to the land disturbing activity, whichever is greater.

(c) Watersheds, other than Designated Watersheds, that have well documented water quantity problems may have more stringent, or modified, design criteria determined by the local government that is responsive to the specific needs of that watershed.

(5) Water quality control is also an integral component of stormwater management. The following design criteria is established for water quality protection unless a waiver or variance is granted on a case-by-case basis.

(a) When ponds are used for water quality protection, the ponds shall be designed as both quantity and quality control structures. Sediment storage volume shall be calculated considering the clean out and maintenance schedules specified by the designer during the land disturbing activity. Sediment storage volumes may be predicted by the Universal Soil Loss Equation or methods acceptable to the Commission.

(b) Stormwater runoff and drain to a single outlet from land disturbing activities which disturb ten acres or more shall be controlled during the land disturbing activity by a sediment basin where sufficient space and other factors allow these controls to be used until the final inspection. The sediment basin shall be designed and constructed to accommodate the anticipated sediment loading from the land-disturbing activity and meet a removal efficiency of 80 percent suspended solids or 0.5 ML/L peak settable solids concentration, whichever is less. The outfall device or system design shall take into account the total drainage area flowing through the disturbed area to be served by the basin.

(c) Other practices may be acceptable to the appropriate plan approval agency if they achieve an equivalent removal efficiency of 80 percent for suspended solids or 0.5 ML/L peak settable solids concentration, which ever is less. The efficiency shall be calculated for disturbed conditions for the 10-year 24-hour design event.

(d) Permanent water quality ponds having a permanent pool shall be designed to store and release the first 1/2 inch of runoff from the site over a 24-hour period. The storage volume shall be designed to accommodate, at least, 1/2 inch of runoff from the entire site.

(e) Permanent water quality ponds, not having a permanent pool, shall be designed to release the first inch of runoff from the site over a 24-hour period.

(f) Permanent infiltration practices, when used, shall be designed to accept, at a minimum, the first inch of runoff from all impervious areas.

(g) For activities in the eight coastal counties of Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Jasper and Horry, additional water quality requirements may be imposed to comply with the S.C. Coastal Council Stormwater Management Guidelines. If conflicting requirements exist for activities in the eight coastal counties, the S.C. Coastal Council guidelines will apply.

(6) Where ponds are the proposed method of control, the person responsible for the land disturbing activity shall submit to the approving agency, when required, an analysis of the impacts of stormwater flows downstream in the watershed for the 10-and 100-year frequency storm event. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed land disturbing activity, with and without the pond. The results of the analysis will determine the need to modify the pond design or to eliminate the pond requirement. Lacking a clearly defined downstream point of constriction, the downstream impacts shall be established, with the concurrence of the implementing agency.

(7) Where existing wetlands are intended as a component of an overall stormwater management system, the approved stormwater management and sediment control plan shall not be implemented until all necessary federal and state permits have been obtained.

(8) Designs shall be in accordance with standards developed or approved by the Commission.

(9) Ease of maintenance must be considered as a site design component. Access to the stormwater management structure must be provided.

(10) A clear statement of defined maintenance responsibility shall be established during the plan review and approval process.

(11) Infiltration practices have certain limitations on their use on certain sites. These limitations include the following items:

(a) Areas draining to these practices must be stabilized and vegetative filters established prior to runoff entering the system. Infiltration practices shall not be used if a suspended solids filter system does not accompany the practice. If vegetation is the intended filter, there shall be, at least a 20 foot length of vegetative filter prior to stormwater runoff entering the infiltration practice;

(b) The bottom of the infiltration practice shall be at least 0.5 feet above the seasonal high water table, whether perched or regional, determined by direct piezometer measurements which can be demonstrated to be representative of the maximum height of the water table on an annual basis during years of normal precipitation, or by the depth in the soil at which mottling first occurs;

(c) The infiltration practice shall be designed to completely drain of water within 72 hours;

(d) Soils must have adequate permeability to allow water to infiltrate. Infiltration practices are limited to soils having an infiltration rate of least 0.30 inches per hour. Initial consideration will be based on a review of the appropriate soil survey, and the survey may serve as a basis for rejection. On-site soil borings and textural classifications must be accomplished to verify the actual site and seasonal high water table conditions when infiltration is to be utilized;

(e) Infiltration practices greater than three feet deep shall be located at least 10 feet from basement walls;

(f) Infiltration practices designed to handle runoff from impervious parking areas shall be a minimum of 150 feet from any public or private water supply well;

(g) The design of an infiltration practice shall provide an overflow system with measures to provide a non-erosive velocity of flow along its length and at the outfall;

(h) The slope of the bottom of the infiltration practice shall not exceed five percent. Also, the practice shall not be installed in fill material as piping along the fill/natural ground interface may cause slope failure;

(i) An infiltration practice shall not be installed on or atop a slope whose natural angle of incline exceeds 20 percent.

(j) Clean outs will be provided at a minimum, every 100 feet along the infiltration practice to allow for access and maintenance.

(12) A regional approach to stormwater management is an acceptable alternative to site specific requirements and is encouraged.

D. All stormwater management and sediment control practices shall be designed, constructed and maintained with consideration for the proper control of mosquitoes and other vectors. Practices may include, but are not limited to:

(1) The bottom of retention and detention ponds should be graded and have a slope not less than 0.5 percent.

(2) There should be no depressions in a normally dry detention facility where water might pocket when the water level is receding.

(3) Normally dry detention systems and swales should be designed to drain within three (3) days.

(4) An aquatic weed control program should be utilized in permanently wet structures to prevent an overgrowth of vegetation in the pond. Manual harvesting is preferred.

(5) Fish may be stocked in permanently wet retention and detention ponds.

(6) Normally dry swales and detention pond bottoms should be constructed with a gravel blanket or other measure to minimize the creation of tire ruts during maintenance activities.

E. A stormwater management and sediment control plan shall be filed for a residential development and the buildings constructed within, regardless of the phasing of construction.

(1) In applying the stormwater management and sediment control criteria, in R.72-307, individual lots in a residential subdivision development shall not be considered to be separate land disturbing activities and shall not require individual permits. Instead, the residential subdivision development, as a whole, shall be considered to be a single land disturbing activity. Hydrologic parameters that reflect the ultimate subdivision development shall be used in all engineering calculations.

(2) If individual lots or sections in a residential subdivision are being developed by different property owners, all land-disturbing activities related to the residential subdivision shall be covered by the approved stormwater management and sediment control plan for the residential subdivision. Individual lot owners or developers may sign a certificate of compliance that all activities on that lot will be carried out in accordance with the approved stormwater management and sediment control plan for the residential subdivision. Failure to provide this certification will result in owners or developers of individual lots developing a stormwater management and sediment control plan meeting the requirements of R.72-307.

(3) Residential subdivisions which were approved prior to the effective date of these regulations are exempt from these requirements. Development of new phases of existing subdivisions which were not previously approved shall comply with the provisions of these regulations.

F. Risk analysis may be used to justify a design storm event other than prescribed or to show that rate and volume control is detrimental to the hydrologic response of the basin and therefore, should not be required for a particular site.

(1) A complete watershed hydrologic/hydraulic analysis must be done using a complete model/procedure acceptable to the implementing agency. The level of detail of data required is as follows:

(a) Watershed designation on the 7.5 minute topo map exploded to a minimum of 1"' = 400' .

(b) Inclusion of design and performance data to evaluate the effects of any structures which effect discharge. Examples may be ponds or lakes, road crossings acting as attenuation structures and there may be others which must be taken into account.

(c) Land use data shall be taken from the most recent aerial photograph and field checked and updated.

(d) The water surface profile shall be plotted for the conditions of pre-and post-development for the 10-, and 100-year 24-hour storm.

(e) Elevations of any structure potentially damaged by resultant flow shall also be shown.

(2) Based on the results of this type of evaluation, the certified plan reviewer representing the implementing agency shall review and evaluate the proposed regulation waiver or change.

G. The general permit application for use by federal, local governments, or special purpose or public service districts shall contain, as a minimum, standard plans and specifications for stormwater management and erosion and sediment control; methods used to calculate stormwater runoff, soil loss and control method performance; staff assigned to monitor land disturbing activities and procedures to handle complaints for off-site property owners and jurisdictions.

This general permit will be valid for a period of three years and will be subject to the same review criteria by the Commission as that of the delegated program elements.

The use of the general permit classification does not relinquish a land disturbing activity from the requirements of these Regulations. Rather, the general permit precludes that activity from the necessity of a specific plan review for each individual project.

Approval of a general permit does not relieve any agency from the conditions that are part of the general permit approval regarding the implementation of control practices as required by the general permit. Failure to implement control practices pursuant to conditions included in the general permit may result in the revocation of the general permit and the requirement of the submission of individual plans for each activity.

H. The stormwater management and sediment control plan required for land disturbing activities of two (2) acres or less which are not part of a larger common plan of development or sale shall contain the following information, as applicable:

(1) An anticipated starting and completion date of the various stages of land disturbing activities and the expected date the final stabilization will be completed;

(2) A narrative description of the stormwater management and sediment control plan to be used during land disturbing activities;

(3) General description of topographic and soil conditions of the tract from the local soil and water conservation district;

(4) A general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties;

(5) A sketched plan (engineer's, Tier B surveyor's or landscape architect's seal not required) to accompany the narrative which shall contain:

(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) A topographic map of the site if required by the implementing agency;

(d) The location of temporary and permanent vegetative and structural stormwater management and sediment control measures.

(6) Stormwater management and sediment control plans shall contain certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the plan.

(7) All stormwater management and sediment control plans shall contain certification by the person responsible for the land disturbing activity of the right of the Commission or implementing agency to conduct on-site inspections.

The requirements contained above may be indicated on one plan sheet.

I. The stormwater management and sediment control plan for land disturbing activities of greater than two (2) acres but less than five (5) acres which are not part of a lager common plan of development or sale shall contain the following information, as applicable:

(1) An abbreviated application form;

(2) A vicinity map sufficient to locate the site and to show the relationship of the site to its general surroundings at a scale of not smaller than one (1) inch to one (1) mile.

(3) The site drawn to a scale of not smaller than one (1) inch to 200 feet, showing:

(a) The boundary lines of the site on which the work is to be performed, including the approximate acreage of the site;

(b) Existing contours and proposed contours as required by the implementing agency;

(c) Proposed physical improvements on the site, including present development and future utilization if future development is planned;

(d) A plan for temporary and permanent vegetative and structural erosion and sediment control measures which specify the erosion and sediment control measures to be used during all phases of the land disturbing activity and a description of their proposed operation;

(e) Provisions for stormwater runoff control during the land disturbing activity and during the life of the facility, including a time schedule and sequence of operations indicating the anticipated starting and completion dates of each phase and meeting the following requirements:

1. Post-development peak discharge rates shall not exceed pre-development discharge rates for the 2- and 10- year frequency 24-hour duration storm event. Implementing agencies may utilize a less frequent storm event (e.g. 25-year, 24-hour) to address existing or future stormwater quantity or quality problems.

2. Discharge velocities shall be reduced to provide a nonerosive velocity flow from a structure, channel, or other control measure or the velocity of the 10-year, 24-hour storm runoff in the receiving waterway prior to the land disturbing activity, whichever is greater.

(f) A complete and adequate grading plan for borrow pits and material processing facilities where applicable, including restoration and revegetation measures;

(g) A general description of the predominant soil types on the site;

(h) A description of the maintenance program for stormwater management and sediment control facilities including inspection programs.

(4) All stormwater management and sediment control plans submitted for approval shall contain certification by the person responsible for the land disturbing activity that the land disturbing activity will be accomplished pursuant to the approved plan.

(5) All stormwater management and sediment control plans shall contain certification by the person responsible for the land disturbing activity of the right of the Commission or implementing agency to conduct on-site inspections.

(6) All stormwater management and sediment control plans submitted to the appropriate plan approval agency for approval shall be certified by the designer. The following disciplines may certify and stamp/seal plans as allowed by their respective licensing act and regulations:

(a) Registered professional engineers as described in Title 40, Chapter 22.

(b) Registered landscape architects as describe in Title 40, Chapter 28, Section 10, item (b).

(c) Tier B land surveyors as described in Title 40, Chapter 22.

(7) Pursuant to Title 40, Chapter 22, Section 460, stormwater management and sediment control plans may be prepared by employees of the federal government and submitted by the person responsible for the land disturbing activity to the appropriate plan approval agency for approval.

S.C. Code Regs. § 72-307

Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.