Page 1 COUNTY OF SUTTER LAND GRADING AND EROSION

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					                                 COUNTY OF SUTTER
                         LAND GRADING AND EROSION CONTROL
                                     Chapter 1770

CHAPTER
Sections:
1770-010 Purpose
1770-020 Applicability
1770-040 Administration
1770-050 Permits Required
1770-060 Private Peak Flow Attenuation/Detention Basins
1770-070 Private Watercourse
1770-080 Water Obstruction
1770-090 Levee Work
1770-100 Application
1770-110 Plans & Specifications
1770-120 Compliance with Permits and Standards
1770-130 Security
1770-140 Right of Entry
1770-150 Permit Fees
1770-160 Environmental Review
1770-170 Erosion and Sediment Control Plans (ESC)
1770-180 Permit Approval
1770-190 Term
1770-200 Transferability
1770-210 Amendment of Permit
1770-220 Inspection
1770-230 Reports
1770-240 Cessation of Work
1770-250 Completion of Work
1770-260 Grounds for Suspension and Revocation
1770-270 Method of Suspension or Revocation
1770-280 Action Against and Release of Security
1770-290 Violations
1770-300 Liability




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                         LAND GRADING AND EROSION CONTROL


1770-010        PURPOSE

The purpose of this Chapter is to:
    1. Minimize damage to surrounding properties and public rights-of-way, the degradation of
       the water quality of watercourses, and the disruption of natural or County authorized
       drainage flows caused by the activities of clearing and grubbing, grading, filling and
       excavating of land;
    2. Minimize sediment and pollutant runoff from other construction related activities; and
    3. Comply with the provisions of National Pollutant Discharge Elimination System
       (NPDES) permits covering the activities of the County issued by the California Regional
       Water Quality Control Board (RWQCB).

1770-020        APPLICABILITY

This Chapter shall apply to all persons within the unincorporated areas of the County of Sutter
and those areas in County drainage districts.

1770-040        ADMINISTRATION

Except as otherwise provided, the Director of Public Works (Director) is responsible for
administering this Chapter and Grading and Erosion Control Permits, and is authorized from
time to time to promulgate and enforce rules or regulations consistent with and necessary to
implement the purposes, intent and express terms of this Chapter. Any rules or regulations
promulgated by the Director, or amendments thereof, shall be filed with the Clerk of the Board
of Supervisors.

1770-050        PERMIT REQUIRED

Within the unincorporated area of the County, a permit issued by the County shall be required
for grading to (1) grade, fill, excavate, store or dispose of 350 cubic yards or more of soil or
earthly material, or (2) clear and grub one acre or more of land, or (3) grade, fill, or store 50
cubic yards or more of soil or earthly material in a designated floodway, or (4) relocate, reshape,
re-route, obstruct, or alter an existing water course.

   (a) A separate permit is required for work on each site unless sites are contiguous, have the
same ownership, and are included in the approved plan.
   (b) The permit may be in the form of a Grading Permit, Improvement Plan, Encroachment
Permit, Building Permit or Floodplain Development Permit issued by the County Building
Official or the Director of Public Works covering the regulated activities.
   (c) Exemptions. A permit for grading shall not be required for the grading, filling,
excavating, storing, disposing, or clearing and grubbing for:
      (1) Underground utilities;
      (2) Mines or quarries, if a use permit has been granted by the County;
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      (3) Refuse disposal sites operated by a governmental agency;
      (4) Drainage and/or flood control structures owned or operated by a public agency;
      (5) Routine tilling, ripping, leveling, re-contouring and/or other field preparation activities
          associated with agricultural operations and those activities involved in the production of
          crops or livestock for wholesale trade, provided that the activity does not affect, impact,
          or include altering any existing open channel drainage course;
      (6) Routine maintenance of irrigation channels and ditches necessary to restore the original
          line, grade or hydraulic capacity of the conveyance; or
      (7) Structures and activities where the Director determines grading is immediately
          necessary to protect life or property.

1770-060        WATER OBSTRUCTION

No person shall do or permit to be done any grading which may obstruct, impede, or interfere
with the natural flow of storm waters, whether such waters are unconfined upon the surface of
the land or confined within land depressions, natural drainage ways, unimproved channels,
watercourses, improved ditches, channels or conduits, in such manner as to cause flooding where
it would not otherwise occur, aggravate any existing flooding condition or cause accelerated
erosion except where said grading is in accordance with all applicable laws including, but not
limited to, the provisions of this grading ordinance.

1770-070        PRIVATE WATERCOURSE MAINTENANCE

Whenever a private watercourse exists on a parcel, the property owner shall maintain the
watercourse, in perpetuity, at the original capacity and discharge characteristics unless a grading
permit is obtained from the County. Once grading is completed under a grading permit, the
property owner shall maintain the watercourse in perpetuity as approved in the permit.

1770-080        PRIVATE PEAK FLOW ATTENUATION / DETENTION BASIN

Whenever the scope of work includes construction of a private peak flow attenuation / detention
basin, the applicant shall submit in writing a commitment to maintain the basin, in perpetuity, to
the original design capacity and standards. Applicant shall file a copy of said consent with the
Director before a permit for such work may be issued. The Property Owner shall acknowledge
that this commitment shall run with Property Owner's land and shall be binding on Property
Owner's heirs, administrators, executors, successors, and assigns. This commitment shall be
recorded with the Sutter County Recorders Office and shall be attached to the deed.

1770-090        LEVEE WORK

No person shall excavate or remove any material from or otherwise alter any levee adjacent to
any river, creek, bay, or local drainage control channel, without prior approval of the
governmental agency or agencies responsible for the operation and/or maintenance of the levee.
(2002-06, Added, 07/02/2002)

1770-100        APPLICATION

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The application for a permit for grading shall be filed with the County and on a form and
submitted with such information as is prescribed by the Director, including the following:

    (a) Applicant and property information (address or parcel number);
    (b) A copy of all entitlements granted for the property by the County, including conditions of
    approval and the environmental documentation;
    (c) A copy of all required state and federal permits (if applicable);
    (d) Grading plans and specifications;
    (e) Applicable fees and security deposit required by this Chapter;
    (f) Right of Entry documents for grading on property not owned by the applicant; and
    (g) Other information as may be required by the Director.

1770-110        PLANS AND SPECIFICATIONS

Grading equal to or in excess of 1,000 cubic yards shall be performed in accordance with the
approved grading plan prepared by a civil engineer, and shall be designated as "engineered
grading." Grading involving less than 1,000 cubic yards shall be designated "regular grading"
unless the permittee chooses to have the grading performed as engineered grading, or the
building official determines that special conditions or unusual hazards exist, in which case
grading shall conform to the requirements for engineered grading.

Plans and specifications for regular grading shall include the following:

    (a) General vicinity map of the proposed site;
    (b) Dimensions, grade and depth of cut and fill, shown on a plot plan with typical cross-
    sections;
    (c) A statement of the quantity of material to be excavated, the quantity of material to be
    filled, whether such excavation or fill is permanent or temporary, and the amount of such
    material to be imported to or exported from the site;
    (d) Method and standard for compaction;
    (e) Location of structures, utilities, existing and proposed roads, watercourses and drainage
    ways, and major vegetation on the property. Show these features on adjacent property if they
    might be affected or are within 30 feet of the proposed grading. A map shall show or provide
    by narrative the location of discharge points to the nearest natural area (creeks, ponds, rivers,
    etc.);
    (f) The location, implementation schedule, and maintenance schedule of all erosion,
    sediment, and dust control measures to be implemented or constructed prior to, during or
    after the proposed activity;
    (g) Delineation of area to be cleared and grubbed; and
    (h) If applicable, excess soil stockpile locations or disposal plans.

Plans and specifications for engineered grading shall include the following additional
information beyond regular grading requirements:

    (a) A drainage study with additional hydrologic and hydraulic analysis shall be provided as
    required by the Director. The drainage study shall at a minimum demonstrate that post-

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    grading runoff rates and volumes will not exceed pre-construction runoff rates and volumes.
    The drainage study shall identify pre- and post-grading stormwater runoff rates for a 100-
    year rainfall event at every location where runoff leaves the property;
    (b) Accurate contours with maximum two foot contours and spot elevations where relatively
    flat conditions exist showing existing topography and elevations, location, extent and slope
    of all proposed grading shown by contours, cross-sections or other means, and location of
    any disposal areas, fills or other special features to be included in the work;
    (c) Geotechnical engineering or engineering geology reports used; and
    (d) Any additional information and analysis required by the Director, or applicable standards
    and ordinances.


1770-120        COMPLIANCE WITH PERMITS AND STANDARDS

The issuance of grading approval shall not be construed as an approval of any action or condition
constituting a violation of the provisions of the grading ordinance or of any other applicable
laws, ordinances, rules or regulations. Any act done under the authority of a written permit
issued pursuant to the provisions of this Chapter shall be done in accordance with the terms and
conditions of such permit. All federal and state laws and codes, and the construction standards of
the County will be complied with during the execution of work under the permit. All work shall
be done and must be constructed in accordance with the standards adopted by the County. The
failure of any permittee or person to obey the provisions of this Chapter or the lawful directions
of the Director of Public Works or his or her designated representative relative to grading work
shall be deemed to be sufficient cause to refuse the request of the person for further permits for
work of such character and to cause the stoppage of any work and progress by the Director of
Public Works by written notice until the permittee is in full compliance with the terms of this
Chapter.

1770-130        SECURITY

Prior to issuance of the permit, the applicant shall provide security in an amount estimated by the
Director to be the cost for stabilizing the activity site if the site is abandoned or work is stopped
during the performance of the activity described in the permit.

  (a) The security shall be in a form acceptable to the Director.

 (b) Action against security. The Director may commence action against the security provided
by a permittee if:

      (1) The permittee fails to comply with the terms of the permit;
      (2) The permittee ceases activities on site prior to completion of work without protecting
      the site in compliance with the provisions of this Chapter;
      (3) The activity has caused or is threatening to cause damage or injury to persons, property
      or the environment. The monies so obtained shall be used solely to finance remedial work
      undertaken by the County or a private contractor under contract to the County, and to
      reimburse the County for any administrative costs and expenses incurred in remedying the

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      situation, including attorney’s fees and legal costs incurred in any necessary action to
      obtain the security.

  (c) The security shall be released to the permittee upon either issuance of a certificate of
completion by the Director or voluntary relinquishment of the permit by the holder thereof to the
County, provided the permittee has complied with the provisions of this Chapter.

1770-140        RIGHT OF ENTRY

Whenever any portion of the work requires entry onto adjacent property for any reason, the
applicant shall obtain the written consent of the adjacent property owner or his authorized
representative, and shall file a copy of said consent with the Director before a permit for such
work may be issued.

1770-150        PERMIT FEES

Fees shall be paid by the applicant to the County for plan checking and review, materials testing,
site inspections, processing, issuance and other services performed by the Director in connection
with the investigation of an application for, and administration of, a permit for grading. Fees
shall be charged as established by a resolution of the Board of Supervisors.

1770-160        ENVIRONMENTAL REVIEW

Grading and erosion control permits, and amendments thereto, may be subject to the
requirements of the California Environmental Quality Act (CEQA). The applicant shall furnish a
copy of the permit application to the County Community Services Department for preparation
and processing of the appropriate environmental documents as applicable. The Director shall not
approve a permit prior to considering the applicable environmental document and complying
with all applicable requirements of CEQA.

1770-170        EROSION AND SEDIMENT CONTROL PLANS (ESC PLAN)

An ESC Plan shall be prepared for all projects to control surface runoff and erosion and to retain
sediment on a particular site and prevent pollution of site runoff during the period when
preconstruction and construction-related grading activities occur and before final improvements
or permanent structures are complete. The ESC Plan shall be prepared and submitted
concurrently with the grading plan and shall include all of the information required by County
standards.

1770-180        PERMIT APPROVAL

The Director shall review and approve, conditionally approve or deny permit applications and
improvement plans in accordance with the provisions of this Chapter. Grading approval shall be
limited to work shown on the grading plans as approved by the Director.



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No grading shall be approved unless the project conforms to the County's general plan, any
adopted specific, community, or capital improvement plans, and applicable County ordinances.

The Director may at the time of issuance of the permit for grading, impose such conditions as are
necessary to ensure compliance with this Chapter, County Improvement Standards, and state and
federal laws. Such conditions shall be reasonably related to the public needs created by the
proposed activity. Conditions to mitigate environmental impacts of the activity may also be
imposed by the Director.

1770-190        TERM

A Grading and Erosion Control Permit shall be effective on the date of issuance, and shall
remain in force for six months, unless suspended or revoked by the Director, or voluntarily
relinquished by the permittee. Before the expiration of a permit, a permittee may apply for an
extension of time in which to complete the activity. One extension of not more than six months
may be granted by the Director.

1770-200        TRANSFERABILITY

A Grading and Erosion Control Permit shall not be transferable or assignable from one person to
another, unless approved by the Director and the person to whom the permit is to be transferred
agrees to comply with the requirements of the original permit and to any conditions imposed
therein.

1770-210        AMENDMENT OF PERMIT

Any proposed changes in the activity authorized by the permit shall be submitted to the Director
for review. The permittee shall not undertake or allow activity to occur which does not conform
to the plans or conditions of the original permit, unless approved by the Director. The Director
shall review any proposed changes in the same manner and pursuant to the same standards as the
original application.

1770-220        INSPECTION

The Director may enter and inspect property for which a Grading and Erosion Control Permit has
been applied to determine applicability or compliance with this Chapter and County
Specifications. The Director may also inspect any and all property on which grading, filling,
clearing and grubbing or excavating activities are occurring.

1770-230        REPORTS

Notification to the Director shall be required within twenty-four (24) hours following the failure
of authorized measures to prevent erosion or sediment from leaving the construction site; the
deposit of debris or material on adjoining property or public rights-of-way, or; the interference
with any existing watercourses or drainage facilities.


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1770-240        CESSATION OF WORK

If activity is ceased on-site for any reason for a period in excess of fifteen (15) calendar days,
and before the activity being conducted under the permit is completed, all necessary steps shall
be taken to prevent damage through erosion or sedimentation to adjoining properties or to the
public rights-of-way or to any natural or artificial drainage facilities or watercourses. The
premises shall also be graded to blend into the adjacent terrain. The Director shall be notified as
soon as possible, but no later than fifteen (15) calendar days, after the cessation of work.

1770-250        COMPLETION OF WORK

After completion of work in accordance with and conforming with an approved permit and
delivery to the County of record plans and a grading plan as finally implemented, and payment
of all fees, the Director shall issue a certificate of completion.

1770-260        GROUNDS FOR SUSPENSION AND REVOCATION

A Grading and Erosion Control Permit may be suspended if:
(A) The physical state of the property differs from the descriptions, plans or information
furnished to the Director in the permit application;
(B) The activity does not conform to the approved plans, grades, conditions or terms of the
permit;
(C) The activity is in violation of this Chapter, County Specifications, or state or federal laws;
(D) Any reports required to be submitted to the Director have not been submitted; or,
(E) Any of the information contained in reports submitted to the Director is in error.

1770-270        METHOD OF SUSPENSION OR REVOCATION

The Director may suspend or revoke a Grading and Erosion Control Permit by issuing a notice of
suspension or revocation, stating the reasons therefore, and serving same, upon the permittee.
Upon suspension or revocation of a permit, in accordance with the provisions of this Section, the
permittee shall immediately cause all grading, filling, excavating, storing, disposing or clearing
and grubbing to cease until written authorization is received from the Director to proceed with
the activity. The permittee shall have fifteen (15) calendar days after the date of service of the
suspension or revocation in which to file an appeal in accordance with the provisions of Section
1770-300. If such an appeal is filed, the suspension or revocation shall remain in force and be
effective until a final decision on the appeal is issued by the Board of Supervisors. If the Director
suspends a permit, such permit may either be reinstated or revoked by the Director, depending
upon whether the permittee corrects the grounds stated for the suspension in the notice issued by
the Director. If the permittee fails to remedy the grounds for suspension within a time period
specified by the Director, but in no event later than sixty (60) calendar days, the Director shall
revoke the permit.

1770-280        ACTION AGAINST AND RELEASE OF SECURITY



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The Administrator may commence action against the security provided by a permittee if:
A. The permittee ceases activities on site prior to completion of work without complying with
the provisions of Section 1770-250;
B. The permittee fails to comply with the terms of the permit;
C. The activity has caused or is threatening to cause damage or injury to persons, property or the
environment.

The monies so obtained shall be used solely to finance remedial work undertaken by the County
or a private contractor under contract to the County, and to reimburse the County for any
administrative costs and expenses incurred in remedying the situation, including attorneys fees
and legal costs incurred in any necessary action to obtain the security.

1770-290        ENFORCEMENT

Violations of the provisions of this Chapter shall be processed and enforced as prescribed in
Chapter 1701 of this Title.

1770-300        LIABILITY

The issuance of a permit hereunder shall not be construed as imposing any liability upon the
County or upon any of its officers, employees, or agents by reason of damage or injury to
persons or property resulting from any activity, repair, improvement, excavation or obstruction
authorized by the permit. Neither issuance of grading approval under the provisions of the
grading ordinance nor compliance with the provisions hereof or with any conditions imposed in a
permit issued hereunder shall relieve any person from responsibility for damage to any person or
property.
(2002-06, Added, 07/02/2002)




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