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Public Works-Storm Water Department 865-457-6245
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PERMIT REQUIREMENTS
ANDERSON COUNTY PERMIT REQUIREMENTS
Administrative and structural controls are required for most land disturbing activities conducted within Anderson County to minimize and control erosion and sedimentation and/or facilitate the removal of pollutants in storm water runoff that could impede or alter the natural biological function or hydrology of any receiving water located within the County. A land disturbance permit is required for any development activity that will disturb 1 acre or more of land and any new connection to a county road or street. Land disturbance activities include clearing, grubbing, grading, filling, and excavation activities.
Additional permits may be required by state or federal agencies for specific activities such as stream crossings or alterations, or the disturbance of wetlands. A land disturbance permit will not be issued until documentation of all applicable permits has been submitted to the Department of Public Works for inclusion in the project file.
A land disturbance permit shall be required for all land development activities that disturb one or more acre of land with the following exemptions:
1. Construction within a subdivision, mobile home park, or a commercial/industrial park where there exists an approved site development plan so long as the construction is performed in a manner consistent with the approved plan.
2. Finish grading or excavation below finished grade for retaining walls, swimming pools, human or animal cemeteries.
3. Construction of accessory structures related to single family residences or duplex dwellings [if the total area disturbed is less than 1 acre].
4. Additions or modifications to single family residences, duplex dwellings or their accessory structures [if the total area disturbed is less than 1 acre].
5. Agricultural practices such as plowing, cultivation, construction of agricultural structures, nursery operations, tree cuttings at or above ground surface, and logging operations leaving the stump, ground cover, and root mat intact.
6. Grading associated with maintenance, landscaping, excavation, or placement of fill/topsoil [if the total area disturbed is less than 1 acre and less than 5 feet in depth].
NOTE: Land disturbance permit exemptions do not relieve the owner, contractor, or other legal representative of the responsibility to employ acceptable and effective erosion and sediment control measures. The Department of Public Works and/or the ACRPC reserves the right and authority to require a land disturbance permit for any exempted activity if it is believed that the particular project is located in a particularly sensitive area, it poses an unusual level of risk to surrounding properties, or discharges to a body of water listed on the State’s 303(d) list of impaired waters.
Plan submittal requirements
This section describes the plan submittal requirements for land disturbing activities conducted in Anderson County. The level of detail of the required paln is dependent on the size, nature, and complexity of the individual project.
A. Notification of Ingress/Egress on County Roads: The Department of Public Works shall be notified of all proposed connections to County roads and streets. A land disturbance permit will be issued for all connections. The land disturbance permit must be acquired before land disturbance activities are initiated. The submittal requirements for a driveway or road connection are as follows:
1. Submit a Driveway or Road Access Notification Form (available from the Department of Public Works or this website (see Download Page).
2. Submit a drawing showing the approximate location of the proposed driveway and any relevant drainage structures (i.e. check dams, ditches, etc.). Storm water runoff should be directed to natural pre-existing drainage features to the maximum extent possible. If a culvert is proposed within the County right-of-way, then the County Road Department should be consulted to ensure that the culvert is properly sized for the pre-existing drainage system. The Notification Form submitted to the Department of Public Works must have a signature from the Road Superintendent or designee if a culvert/tile is to be installed within the county right-of-way. A land disturbance permit will not be issued until approval from the Road Department is received.
3. Once the Notification Form and drawing have been submitted, representative from the Department of Public Works will conduct an onsite review to insure that adequate controls are included in the proposed plan/drawing. If the proposed controls are adequate, a land disturbance permit can be issued to start work. If the proposed controls are deemed insufficient, the applicant will be contacted regarding recommended changes to the proposed plan.
4. Upon completion of the construction activities, a final review of the completed driveway or road will be completed by a representative from the Public Works Department to confirm that the proposed drainage control and erosion control structures were installed in accordance with the requirements of the proposed plan.
The level of detail may be tailored to the nature and complexity of the project taking such factors as density of the surrounding development, the existing drainage system(s), the topography of the site, proximity to a floodplain and/or floodway, and the level of disturbance. For example, a Concept Plan for the clearing and construction of a driveway through the woods or up the side of a hill should address drainage issues such as diversion of storm water run-off, any increase in the volume of run-off and the resulting erosion and sedimentation that could impact County roads, culverts, and surrounding property owners. A failure to take into consideration drainage and erosion impacts from seemingly minor land disturbance activities has historically resulted in chronic problems and significant expense to the County and surrounding property owners due to adequate or improper design and construction methods.
Site Development Plans
As part of the permit process, any development conducted within the jurisdiction of Anderson County that meets the following criteria will be required to submit a Site Development Plan before the issuance of a land disturbance permit and the commencement of land disturbing activities:
1. Site development activities that will result in the disturbance of one (1) or more acres of land;
2. Site development activities of less than one (1) acre of land if such activity is part of a larger common plan that will cumulatively result in the disturbance of more than one acre (i.e. subdivisions, Planned Unit Developments (PUDs), commercial/industrial complexes, mobile home parks);
3. Site development activities of less than one (1) acre, if in the discretion of the Storm Water Coordinator or ACRPC the activity poses a unique threat to water quality, public health, or safety;
4. The property will be used as a rock quarry, mine, or borrow pit.
Additionally, any activity that results in the disturbance of 1 acre or more will require that the property owner, developer, or other responsible party submit a Notice of Intent (NOI) to the Tennessee Department of Environment and Conservation (TDEC) for inclusion on their Tennessee Multi-Sector Permit for Construction Activities. A copy of the documentation received from TDEC must be submitted to the Department of Public Works before a land disturbance and/or building permit will be issued.
Site Development Plans shall be prepared by a qualified registered professional in compliance with Tennessee Code Annotated, Title 62, Chapters 2 and 18, using acceptable engineering standards and practices. The Site Development Plan shall include a section devoted to storm water management and a section on erosion and sediment control. Refer to section 4.2.3.1 of the Anderson County Storm Water Management and Pollution Prevention Resolution for additional detail on site development plan requirements. STATE AND FEDERAL PERMIT REQUIREMENTS
I. Tennessee Department of Environment and Conservation (TDEC)
A. Division of Water Pollution Control
Phase I storm water regulations initiated a national storm water permitting program in 1990, which applied to industrial activities, to construction sites of five acres or more and to urban runoff from larger cities. Phase II regulations in 1999 address additional urbanized areas, cities with populations exceeding 10,000, construction activities of one to five acres. The TDEC Division of Water Pollution Control (DWPC) oversee the implementation of the EPA Phase I and Phase II regulations in Tennessee.
Under Phase II storm water regulations, development activities resulting in the disturbance of 1 or more acres of land must receive coverage under the State of Tennessee’s General NPDES Permit for Storm Water Discharges Associated with Construction Activity (TNR100000) from the DWPC. Permitted activities include housing subdivisions, commercial and industrial buildings, golf courses, utility lines sewage treatment plants, and roads. Other activities such as off-site borrow pits are also covered under this general permit. For additional information consult http://www.state.tn.us/environment/permits/conststrm.htm#what/.
In addition, any activity that involves the alteration of waters of the State may require a Aquatic Resources Alteration Permit (ARAP). Examples of stream alteration activities that require an ARAP include (but not limited to):
· Dredging, widening, straightening or bank stabilization · Channel relocation · Water diversions or dams · Water withdrawals · Flooding, excavating, draining, and/or filling of a wetland · Bridge construction · Utility line construction
For additional information pertaining to ARAPs visit the TDEC website at http://www.state.tn.us/environment/permits/arap.php/ or contact the regional Environmental Assistance Center (EAC).
Environmental Assistance Center Division of Water Pollution Control Suite 220 State Plaza 2700 Middlebrook Pike Knoxville, TN 37921 Phone: 865-594-6035 Fax: 865-594-6105
B. Division of Water Supply
The Division of Water Supply is the regulatory agency that addresses issues and permit requirements for injection wells and sinkholes. A sinkhole is considered an injection well under the Underground Injection Control (UIC) regulations. A UIC permit may be required for alterations to a sinkhole or alterations to any land in the contributing drainage area associated with the sinkhole. For additional information contact the regional EAC in Knoxville (see contact information above).
II. United States Army Corps of Engineers (USACOE)
Section 10 of the Rivers and Harbors Act of 1899 prohibits unauthorized obstruction or alteration of any navigable water of the United States unless the work is authorized by permit issued by the Department of the Army. The construction of outfalls, storm water management outlets, or other structures below ordinary high water of any navigable water will require a permit before the start of construction.
Section 301 of the Clean Water Act prohibits the discharge of dredged fill material into the waters of the United States unless the work has been previously authorized by a permit pursuant to Section 404 of the same Act. The placement of dredged or fill material below the normal high water line of any body of water in conjunction with storm water management improvements (e.g. channel realignments, concrete slope paving) will require a permit prior to construction. The placement of fill material or any grading activities within a wetland must also be in compliance with Section 404.
If a permit is required, approximately 60 days will normally be required to complete the permit process. Depending on the nature an location of the work, it is possible that the work has been previously approved under authority of the Nationwide Permit and an individual permit will not be required. Preliminary onsite inspections are completed upon request by contacting the regional USACOE field office at:
Nashville District, Corps of Engineers Phone: 865-986-7296 Eastern Regulatory Field Office Fax: 865-988-4148 P.O. Box 465 Lenoir City, TN 37771-0465
III. Tennessee Valley Authority (TVA)
The TVA Act is the legislation passed by Congress in 1933 that established the Tennessee Valley Authority. Section 26A of that Act requires that TVA approval be obtained before any construction activities can be carried out that affect the navigation, flood control, or public lands along the shorelines of the TVA reservoirs or in the Tennessee River or its tributaries. Section 26A is designed to ensure that construction along the shoreline and in waters of the Tennessee River system does not have a negative impact on the agency’s management or the river system or its ability to carry out what the TVA Act describes as the “unified development and regulation of the Tennessee River.”
Section 26a regulations apply to both the location of construction projects and the types of activities. Typical structures and projects that require TVA approval include boat docks, piers, boat ramps, bridges, culverts, commercial marinas, barge terminals, water intake and sewage outfalls, and fill or construction within the floodplain.
Construction permits are needed for both on-reservoir and off-reservoir activities:
· On-reservoir activities: those that occur in, across, or along TVA reservoirs and regulated rivers and streams in the Tennessee Valley. Regulated rivers and streams are located downstream of TVA dams and are directly impacted by the operation of the dams.
· Off-reservoir activities: those that occur on all other perennial rivers and streams in the Tennessee Valley watershed. Off-reservoir activities are considered on a case-by-case basis.
Additional information is available at http://www.tva.com/river/26apermits/index.htm/ or by contacting one of the following local watershed offices:
Tennessee Valley Authority Melton Hill Watershed Team 2009 Grubb Road Lenoir City, TN 37771 Phone: 865-988-2440
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