Buffers Why we are here

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BuffersWhy we are here

• Todays discussion focuses on proposed Stormwater
  Regulations
• 81 pages of regulations
• Much concern over 1 element buffers
• Proposed buffers only for new construction and
  redevelopment
• Existing homeowners are not impacted

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Stormwater Buffers

• Benefits buffers provide
• How buffers work
• Why buffers are important

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Benefits Buffers Provide

• Remove pollution and sediments
• Prevent erosion and reduce sediment
• Provide storage for flood water
• Provide shade for streams
• Provide food sources
• Provide wildlife habitat

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How Buffers Work

• Vegetated buffers slow rainwater, allowing water
  to soak into the ground, reducing flooding and
  recharging groundwater
• Vegetated buffers remove pollution, especially
• nitrogen and sediment
• Buffers slow stormwater reducing erosion

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How Buffers Work

• Vegetated buffers remove silt
• Vegetated buffers provide shade, keeping streams
  cool and fish healthy

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Why buffers are important

• National Best Practices show buffers are natural
  filters for removing pollution, preventing
  erosion and protecting habitat
• Research shows greatest benefits begin with 100
  foot buffers

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Why buffers are important

• Richland waterways and waterbodies are sick and
  need help
• Lakes are filling with up with silt
• Stream banks are eroding
• Waters are polluted

 
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Health of our lakes
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Health of our streams
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Health of our Streams

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Why are buffers important

• Buffers are an important component of proposed
  Stormwater Management regulations
• Buffers will improve water quality

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Why we need buffersClean Water Act Violations

• Nov 30, 2004 SCDHEC notified County of
  Non-Compliance
• April 15, 2005 Permit expired.
• June 16, 2005 Notice of Violation and Call for
  Enforcement by DHEC

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Why we need buffersClean Water Act Violations

• July 6, 2005 Enforcement conference.
• Dec 28, 2005 Consent order penalty 7,300,000
• March 13, 2006 DHEC accepted Corrective Action
  Plan. Revised consent order and penalty
  830,549
• May 1, 2006 Corrective Action Plan and fines
  officially signed and effective. Quarterly
  payment of 41,500 until April 15, 2011.

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Why we need buffersClean Water Act Violations

• Implementing a 5-year permit Sept 11, 2006
  through Sept 10, 2011.
• Aug 8-9, 2007 DHEC reviewed County stormwater
  program, noting significant improvement.
• Maintain current momentum with some
  recommendations.

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Why we need buffersClean Water Act Violations

• Today Consent Order is part of Permit
  Implementation.
• New regulations are part of Consent Orders
  Effective Implementation.
• September 10, 2011 Consent Order Completion
  Date
• End date of Permit
• Last Payment of Penalty .

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Why we need buffersClean Water Act Violations

• To Date
• Consent order deadlines accomplished.
• Continuous progress meeting DHEC standards.

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Proposed Stormwater Regulations

• Bagging or containing leaves yard debris
• Adopting Best Management Practices
• Stormwater Pollution Prevention Plan (SWPPP) for
  any land disturbance activity
• Level 1 SWPPP lt 1 acre
• Level II professional SWPPP gt 1 acre
• Inspection requirements

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Proposed Stormwater Regulations

• Water quality design criteria
• Inspections
• Inspection reporting
• Land Disturbance Permit
• Requiring Notice of Termination submission
• Recurring annual fees if Termination not
  submitted

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Proposed Stormwater Regulations

• Creating Environmental Protection (EP) Districts.
• Stringent regulations for development in EP
  districts.
• Post-development peak discharge rates are ½
  pre-development rates
• Gills Creek watershed is the first EP district

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Proposed Stormwater Regulations

• New water quality buffers for all Richland County
  waterways
• Perennial streams 100 ft
• Intermittent streams 50 ft
• Wetland buffers
• Shoreline buffers 50 ft measured from 100-year
  high
• water elevation
• Other tributaries (ditches, outfalls and open
  drains) 10 ft
• Maintenance and Management of buffer areas

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Proposed Stormwater Regulations

• Impeding the flow of water is not permitted in
  floodways
• Maintenance responsibility and enforcement
  outlined
• New language for NPDES components
• Pesticide, Herbicide and Fertilizer (PHF)
  regulations
• Illicit Discharge and Disposal Programs
• Post Construction Maintenance

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New Revisions

• Waiver process
• Single-family lots less than 1 acre
• Subdivisions approved, but not built
• Landscaping options are permitted
• Native species encourage
• Plants which filter pollutants

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Buffer incentives

• The Green Code development option provides
  density bonuses for protecting buffers
• Federal income tax deductions and state credits
  available for creating conservation easements
• Stream and wetland mitigation options provide
  cash for land owners
• Technical assistance available for creating
  conservation easements

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Proposed Changes endorsed by

• SCDHEC
• Center for Watershed Protection
• Friends of Congaree Swamp
• Gills Creek Watershed Association
• Richland County Conservation Commission
• Richland County Neighborhood Council
• Carolina Clear (Clemson Extension)
• Lexington County
• Calhoun County (considering the same language in
  their Ordinances)

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Rumor vs. Reality

• Rumor
• My house backs up to a stream, the buffer will
  not allow me to use my backyard?
• Fact
• Existing homeowners are exempt from proposed
  buffer regulations, although homeowners are
  encouraged to protect and landscape buffers.

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Rumor vs. Reality

• Rumor
• These regulations will kill farming.
• Reality
• Agriculture and forestry are exempt from these
  regulations.

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Rumor vs. Reality

• Rumor
• This is a taking, the County is stopping me from
  using my buffer land!
• Reality
• The proposed regulations prohibit construction
  and clear-cutting in buffers

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Rumor vs. Reality

• Reality
• Buffers may be used for
• Recreation
• Landscaping (with an approved plan)
• There is a waiver process allowing buffer
  alternatives

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Rumor vs. Reality

• Rumor
• You cant touch anything in the buffer, cant
  remove dead trees or prune.
• Reality
• Landscaping can be approved in buffers. Dead
  trees may be removed, trees may be pruned.

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Rumor vs. Reality

• Rumor
• I bought a piece of lakefront property, now I
  cannot build a house
• Reality
• A proposed waiver process creates water-quality
  buffer alternatives allowing home construction.

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Buffers

• Buffers are proven tools for improving water
  quality
• Buffers are important for Richland County

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Buffers

• Thank you