S.C. Code Regs. § 61-107.19.II.F

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-107.19.II.F - Closure

1. Within 12 months of the Department's issuance of approval to operate under the Permit-by-rule, the owner/agent of the filled area shall:

a. Apply a minimum two-foot thick final earth cover with at least a 1%, but not greater than 4% surface slope, graded to promote positive drainage. The side slope cover shall not exceed three horizontal feet to one vertical foot, i.e., a 3:1 slope;

b. Either:

(1) Begin construction of the foundation of a building project; or,

(2) Seed the finished surface of the filled area with native grasses or other suitable ground cover to establish and maintain into the second growing season a 75% or greater permanent vegetative cover with no substantial bare spots;

c. Using a form approved by the Department, record with the appropriate Register of Deeds a notation in the record of ownership of the property - or some other instrument which is normally examined during title search - that will in perpetuity notify any potential purchaser of the property that the land or a portion thereof has been structurally filled and list the specific items used for filling, e.g., clean brick; and,

d. Submit to the Department a copy of the document in which the notation required by Section F.1.c. above was placed.

2. Upon the Department's receipt of the document defined in Section F.1.c. above, the owner/agent's approval to fill under the Permit-by-rule for this site shall be terminated.

3. If the Department has sufficient reason to believe that there are environmental problems associated with the fill area, the owner/agent shall submit for Department review and approval, a corrective action plan and a schedule of compliance for implementing the plan.

S.C. Code Regs. 61-107.19.II.F

Added by State Register Volume 32, Issue No. 5, eff May 23, 2008.