<div class="chunk-title">Sec. 31-5. - Mandatory standards for land-disturbing activity.</div>
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            <p class="incr0">
               (a)
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               No land-disturbing activity subject to the control of this chapter shall be undertaken
               except in accordance with the following mandatory standards:
               </p>
            		
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               (1)
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               <span class="ital">Buffer zone.</span>
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               a.
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               <span class="ital">Standard buffer.</span> No land-disturbing activity during periods of construction or improvement to land
               shall be permitted in proximity to a lake or natural watercourse unless a buffer zone
               is provided along the margin of the watercourse of sufficient width to confine visible
               siltation within the 25 percent of the buffer zone nearest the land-disturbing activity.
               </p>
            		
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               1.
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               <span class="ital">Projects on, over or under water.</span> This subdivision shall not apply to a land-distributing activity in connection with
               the construction of facilities to be located on, over, or under a lake or natural
               watercourse.
               </p>
            		
            <p class="incr3">
               2.
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               <span class="ital">Buffer measurement.</span> Unless otherwise provided, the width of a buffer zone is measured horizontally from
               the edge of the water to the nearest edge of the disturbed area, with the 25 percent
               of the strip nearer the land-disturbing activity containing natural or artificial
               means of confining visible siltation.
               </p>
            		
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               b.
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               <span class="ital">Trout buffer.</span> Waters that have been classified as trout waters by the environmental management
               commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width
               to confine visible siltation within 25 percent of the buffer zone nearest the land-disturbing
               activity, whichever is greater. Provided, however, that the commission may approve
               plans which include land-disturbing activity along trout waters then the duration
               of said disturbance would be temporary and the extent of said disturbance would be
               minimal.
               </p>
            		
            <p class="incr3">
               1.
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            <p class="content4">
               <span class="ital">Projects on, over or under water.</span> This subdivision shall not apply to a land-disturbing activity in connection with
               the construction of facilities to be located on, over, or under a lake or natural
               watercourse.
               </p>
            		
            <p class="incr3">
               2.
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            <p class="content4">
               <span class="ital">Trout buffer measurement.</span> The 25-foot minimum width for an undisturbed buffer zone adjacent to designated trout
               waters shall be measured horizontally from the top of the bank to the nearest edge
               of the disturbed area.
               </p>
            		
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               3.
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               <span class="ital">Limit on land disturbance.</span> Where a temporary and minimal disturbance has been permitted as an exception to the
               trout buffer, land-disturbing activities in the buffer zone adjacent to designated
               trout waters shall be limited to a maximum of ten percent of the total length of the
               buffer zone within the tract to be disturbed such that there is not more than 100
               linear feet of buffer zone. Larger areas may be disturbed with the written approval
               of the director.
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               4.
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               <span class="ital">Limit on temperature fluctuations.</span> No land-disturbing activity shall be undertaken within a buffer zone adjacent to
               designated trout waters that will cause adverse temperature fluctuations in the trout
               waters, as set forth in 15 NCAC 2B .0211 "Fresh Surface Water Classification and Standards."
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
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               <span class="ital">Graded slopes and fills.</span> The angle for graded slopes and fills shall be no greater than the angle which can
               be retained by vegetative cover or other adequate erosion control devices or structures.
               In any event, slopes left exposed will, within 21 calendar days of completion of any
               phase of grading, be planted or otherwise provided with temporary or permanent ground
               cover, devices, or structures sufficient to restrain erosion. The angle for graded
               slopes and fills must be demonstrated to be stable. Stable as used in this subsection
               is the condition where the soil remains in its original configuration, with or without
               mechanical constraints.
               </p>
            		
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               (3)
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               <span class="ital">Fill material.</span> Materials being used as fill shall be consistent with those described in 15A NCAC
               13B .0562 unless the site is permitted by the department's division of waste management
               to operate as a landfill. Not all materials described in section .0562 may be suitable
               to meet geotechnical considerations of the fill activity and should be evaluated accordingly.
               </p>
            		
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               (4)
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               <span class="ital">Ground cover.</span> Whenever land-disturbing activity that will disturb more than one acre is undertaken
               on a tract, the person conducting the land-disturbing activity shall install erosion
               and sedimentation control devices and practices that are sufficient to retain the
               sediment generated by the land-disturbing activity within the boundaries of the tract
               during construction upon the development of said tract, and shall plant or otherwise
               provide a permanent ground cover sufficient to restrain erosion after completion of
               construction or development. Except as provided in subsection <a href="" data-chunk-id="COOR_CH31SOERSECO_S31-8DEPEST" class="section-link" data-product-id="13891">31-8</a>(b)(5), provisions for permanent ground cover sufficient to restrain erosion must
               be accomplished within 90 calendar days following completion of construction or development.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
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               <span class="ital">Prior plan approval.</span> No person shall initiate any land-disturbing activity on a tract if more than one
               acre is to be uncovered unless, 30 or more days prior to initiating the activity,
               a plan for such activity is filed with and approved by the county. An erosion and
               sedimentation control plan may be filed less than 30 days prior to initiation of a
               land-disturbing activity if the plan is submitted under the express plan review program,
               and the land-disturbing activity may be initiated and conducted in accordance with
               the plan once the plan has been approved.
               </p>
            		
            <p class="b2">
               The county shall forward to the director of the division of water resources a copy
               of each plan for a land-disturbing activity that involves the utilization of ditches
               for the purpose of dewatering or lowering the water table of the tract.
               </p>
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Land-disturbing activity shall be conducted in accordance with the approved erosion
               and sedimentation control plan.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 2008-18, 11-17-2008; Ord. No. 2021-10, 10-18-2021)
               </p></div>