Possible Points: 40 points for the element.
Learn from the experiences of a community that was successful in earning credit for this CRS element! Check out the Success Story for Louisville-Jefferson County, KY.
Purpose of Element: When development occurs, land is inevitably disturbed. Whether that is through the physical removal of earth for the purpose of placing a new structure or if it is a product of heavy construction equipment driving over an unpaved surface, these areas of disturbed land are much more susceptible to erosion. While construction sites make up a very small proportion of the total land area of the United States, several studies have shown that they contribute a disproportionately high amount of sediment and phosphorus to receiving water bodies (National Research Council, 2008). Sediment, while seemingly innocuous, is one of the most damaging pollutants to aquatic ecosystems. This is because of the many cascading impacts it has on the quality of surface waters. The purpose of this element is to reward communities that take action to prevent soil erosion from construction sites. For more information, see pages 450-19 - 420-20 of the CRS Coordinator’s Manual.
Impact Adjustment: None.
Potential to Double Count Credit: None.
Degree of Difficulty - Documentation: Low. In order to take credit for this element, communities must provide their ISO/CRS specialist with copies of relevant ordinances and permits that act as proof of enforcement.
Degree of Difficulty - Implementation: Low. Every community in the United States is required to manage erosion from constructions sites that are one acre or more in size. This is because construction stormwater discharges are regulated as a point source pollutant under the National Pollution Discharge Elimination System (NPDES) or an authorized state program (“Stormwater Discharges from Construction Activities,” n.d.; “About NPDES,” n.d.). Specifically, construction site discharges are regulated under two NPDES permitting programs. First, the Municipal Separate Storm Sewer System or “MS4” permit, which applies generally to cities and small-medium sized communities, and second, the Construction General Permit (CGP), which applies to land disturbance that is one or more acre in size many states, territories and tribal lands (U.S. EPA, 2017; "Stormwater Discharges from Municipal Sources," n.d.). Because these permitting systems have overlapping authorities, some construction sites may be subject to the NPDES MS4 and the NPDES CGP requirements (Molloy, 2007).
Under the terms of the MS4 permit, communities must adopt regulations that require erosion control practices to be implemented on construction sites when 1 acre or more of land is disturbed (U.S. EPA, 2005). The MS4 permit also requires communities to have enforcement, sanction and monitoring procedures in place to ensure that construction operators are compliant with these regulations (U.S. EPA, 2005). In general, the requirements of the MS4 permit also fulfill the credit criteria of this element of the CRS program. As a result, all MS4 communities should be eligible for some CRS credit under this element.
That said, communities are only subject to the NPDES CGP, which also requires erosion and sediment control practices to be implemented on land disturbances that are 1 acre in size or greater (U.S. EPA, 2010; U.S. EPA, 2012; U.S. EPA, 2017). While adherence to the terms of the permit alone can earn a community 10 points for this CRS element, credit can only be granted if this standard is adopted into the community’s code of ordinances. Because adoption of this standard is not a requirement of the CGP, these communities may be less likely to earn credit for this element.
Tip for Success:
- “My advice to other towns would be to just start with soil erosion...Everybody can see the muddy water running down the street when it rains. Everyone can see the dust on the street when they drive by...and hopefully developers can see the loam running off the street...Start with the simple soil erosion premise of keeping your soil on your site, and not having erosion through construction sites…And then you can build on that as you need to," said Diane Williamson of Bristol, RI.
Co-benefits Associated with this Element: Soil particles carry with them phosphorous, which is one of the nutrients that causes eutrophication in freshwater ecosystems. This can lead to an overgrowth of algae and cyanobacteria, which have the capability to produce toxins that can kill livestock and pets, and are dangerous for people to consume. When algae die, their decomposition consumes oxygen that is dissolved in water. In extreme cases, dissolved oxygen levels can become so low that fish and aquatic organisms are unable to survive. In addition, when sediment is washed into existing stormwater or flood control infrastructure like drainage channels, stormwater ponds or dams, it lowers their capacity to convey or store water. This ultimately reduces the lifespan of these structures and requires communities to engage in costly mitigation activities like dredging. Prevention of soil erosion at its source can help to prevent these adverse impacts, and in doing this, protects the health of aquatic ecosystems for future generations.