<div class="chunk-title">Sec. 31-6. - Erosion and sedimentation control plans.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Plan submission.</span> A plan shall be prepared for all land-disturbing activities subject to this chapter
               whenever the proposed activity will disturb more than one acre on a tract. Three copies
               of the plan shall be filed with the county; a copy shall be simultaneously submitted
               to the 2nd Soil and Water Conservation District at least 30 days prior to the commencement
               of the proposed activity.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Financial responsibility and ownership.</span> Plans may be disapproved unless accompanied by an authorized statement of financial
               responsibility and ownership. This statement shall be signed by the person financially
               responsible for the land-disturbing activity or his attorney in fact. The statement
               shall include the mailing and street addresses of the principal place of business
               of (1) the person financially responsible, (2) the owner of the land, and (3) any
               registered agents. If the person financially responsible is not a resident of North
               Carolina, a North Carolina agent must be designated in the statement for the purpose
               of receiving notice of compliance or non-compliance with the plan, the Act, this chapter,
               or rules or orders adopted or issued pursuant to this chapter. Except as provided
               in subsections (c) or (k) of this section, if the applicant is not the owner of the
               land to be disturbed, the draft erosion and sedimentation control plan must include
               the owner's written consent for the applicant to submit a draft erosion and sedimentation
               control plan and to conduct the anticipated land-disturbing activity.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Non-owner applicant.</span> If the applicant is not the owner of the land to be disturbed and the anticipated
               land-disturbing activity involves the construction of utility lines for the provision
               of water, sewer, gas, telecommunications, or electrical service, the draft erosion
               and sedimentation control plan may be submitted without the written consent of the
               owner of the land, so long as the owner of the land has been provided prior notice
               of the project.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Environmental Policy Act document.</span> Any plan submitted for a land-disturbing activity for which an environmental document
               is required by the North Carolina Environment Policy Act (G.S. 113A-1 et seq.) shall
               be deemed incomplete until a complete environmental document is available for review.
               The county shall promptly notify the person submitting the plan that the 30-day time
               limit for review of the plan pursuant to this chapter shall not begin until a complete
               environmental document is available for review.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Content.</span> The plan required by this section shall contain architectural and engineering drawings,
               maps, assumptions, calculations, and narrative statements as needed to adequately
               describe the proposed development of the tract and the measures planned to comply
               with the requirements of this chapter. Plan content may vary to meet the needs of
               the specific site requirements. Detailed guidelines for plan preparation may be obtained
               from the county, on request.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Soil and water conservation district comments.</span> The district shall review the plan and submit any comments and recommendations to
               the county within 20 days after the district received the plan, or within any shorter
               period of time as may be agreed upon by the district and the county. Failure of the
               district to submit its comments and recommendations within 20 days or within any agreed-upon
               shorter period of time shall not delay final action on the plan.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Timeline for decisions on plans.</span> The county will review each complete plan submitted to them and within 30 days of
               receipt thereof will notify the person submitting the plan that it has been approved,
               approved with modifications, or disapproved. Failure to approve, approve with modifications,
               or disapprove a complete plan within 30 days of receipt shall be deemed approval.
               The county will review each revised plan submitted to them and within 15 days of receipt
               thereof will notify the person submitting the plan that it has been approved, approved
               with modifications, or disapproved. Failure to approve, approve with modifications,
               or disapprove a revised plan within 15 days of receipt shall be deemed approval.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Approval.</span> The county shall only approve a plan upon determining that it complies with all applicable
               state and local regulations for erosion and sedimentation control. Approval assumes
               the applicant's compliance with the federal and state water-quality laws, regulations
               and rules. The county may establish an expiration date, not to exceed three years,
               for plans approved under this chapter whereby no land-disturbing activity has been
               undertaken.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Disapproval for content.</span> The county shall disapprove a plan or draft plan based on its content. A disapproval
               based upon a plan's content must specifically state in writing the reasons for disapproval.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Other disapprovals.</span> The county may disapprove a plan or draft plans if implementation of the plan would
               result in a violation of the rules adopted by the environmental management commission
               to protect riparian buffers along surface waters. The county may disapprove an erosion
               and sedimentation control plan or disapprove a transfer of a plan under subsection
               (k) of this section upon finding that an applicant, or a parent, subsidiary, or other
               affiliate of the applicant:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Is conducting or has conducted land-disturbing activity without an approved plan,
               or has received notice of violation of a plan previously approved by the commission
               or a local government pursuant to the Act and has not complied with the notice within
               the time specified in the notice;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance
               adopted pursuant to the Act by the time the payment is due;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision
               of a local ordinance adopted pursuant to the Act; or
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Has failed to substantially comply with state rules or local ordinances and regulations
               adopted pursuant to the Act.
               </p>
            		
            <p class="b0">
               In the event that an erosion and sedimentation control plan or a transfer of a plan
               is disapproved by the county pursuant to subsection (j) of this section, the county
               shall so notify the director of the division of energy, mineral, and land resources
               within ten days of the disapproval. The county shall advise the applicant or the proposed
               transferee and the director in writing as to the specific reasons that the plan was
               disapproved. Notwithstanding the provisions of <a href="" data-chunk-id="COOR_CH31SOERSECO_S31-17PLAP" class="section-link" data-product-id="13891">section 31-17</a>(a), the applicant may appeal the county's disapproval of the plan directly to the
               commission.
               </p>
            <p class="b0">
               For purposes of this subsection, an applicant's record or the proposed transferee's
               record may be considered for only the two years prior to the application date.
               </p>
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Transfer of plans.</span> The county administering an erosion and sedimentation control program may transfer
               an erosion and sedimentation control plan approved pursuant to this section without
               the consent of the plan holder to a successor-owner of the property on which the permitted
               activity is occurring or will occur as provided in this subsection.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The county may transfer a plan if all of the following conditions are met:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The successor-owner of the property submits to the local government a written request
               for the transfer of the plan and an authorized statement of financial responsibility
               and ownership.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The county finds all of the following:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               The plan holder is one of the following:
               </p>
            		
            <p class="incr4">
               i.
               </p>
            		
            <p class="content5">
               A natural person who is deceased.
               </p>
            		
            <p class="incr4">
               ii.
               </p>
            		
            <p class="content5">
               A partnership, limited liability corporation, corporation, or any other business association
               that has been dissolved.
               </p>
            		
            <p class="incr4">
               iii.
               </p>
            		
            <p class="content5">
               A person who has been lawfully and finally divested of title to the property on which
               the permitted activity is occurring or will occur.
               </p>
            		
            <p class="incr4">
               iv.
               </p>
            		
            <p class="content5">
               A person who has sold the property on which the permitted activity is occurring or
               will occur.
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               The successor-owner holds title to the property on which the permitted activity is
               occurring or will occur.
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               The successor-owner is the sole claimant of the right to engage in the permitted activity.
               </p>
            		
            <p class="incr3">
               4.
               </p>
            		
            <p class="content4">
               There will be no substantial change in the permitted activity.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The plan holder shall comply with all terms and conditions of the plan until such
               time as the plan is transferred.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The successor-owner shall comply with all terms and conditions of the plan once the
               plan has been transferred.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Notwithstanding changes to law made after the original issuance of the plan, the county
               may not impose new or different terms and conditions in the plan without the prior
               express consent of the successor-owner. Nothing in this subsection shall prevent the
               county from requiring a revised plan pursuant to G.S. 113A-54.1(b).
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               <span class="ital">Notice of activity initiation.</span> No person may initiate a land-disturbing activity before notifying the agency that
               issued the plan approval of the date that land-disturbing activity will begin.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               <span class="ital">Preconstruction conference.</span> When deemed necessary by the approving authority a preconstruction conference may
               be required and noted on the approved plan.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
            <p class="content1">
               <span class="ital">Display of a plan approval.</span> A plan approval issued under this chapter shall be prominently displayed until all
               construction is deemed complete by the approving authority, all temporary measures
               have been removed, all permanent sedimentation and erosion control measures are installed,
               and the site has been stabilized. A copy of the approved plan shall be kept on file
               at the job site.
               </p>
            		
            <p class="incr0">
               (o)
               </p>
            		
            <p class="content1">
               <span class="ital">Required revisions.</span> After approving a plan, if the county, either upon review of such plan or on inspection
               of the job site, determines that a significant risk of accelerated erosion or off-site
               sedimentation exists, the county shall require a revised plan. Pending the preparation
               of the revised plan, work shall cease or shall continue under conditions outlined
               by the appropriate authority. If following commencement of a land-disturbing activity
               pursuant to an approved plan, the county determines that the plan is inadequate to
               meet the requirements of this chapter, the county may require any revision of the
               plan that is necessary to comply with this chapter.
               </p>
            		
            <p class="incr0">
               (p)
               </p>
            		
            <p class="content1">
               <span class="ital">Amendment to a plan.</span> Applications for amendment of a plan in written and/or graphic form may be made at
               any time under the same conditions as the original application. Until such time as
               said amendment is approved by the county, the land-disturbing activity shall not proceed
               except in accordance with the plan as originally approved.
               </p>
            		
            <p class="incr0">
               (q)
               </p>
            		
            <p class="content1">
               <span class="ital">Failure to file a plan.</span> Any person engaged in a land-disturbing activity who fails to file a plan in accordance
               with this chapter, or who conducts a land-disturbing activity except in accordance
               with provisions of an approved plan, shall be deemed in violation of this chapter.
               </p>
            		
            <p class="incr0">
               (r)
               </p>
            		
            <p class="content1">
               <span class="ital">Self-inspections.</span> The landowner, the financially responsible party, or the landowner's or the financially
               responsible party's agent shall perform an inspection of the area covered by the plan
               after each phase of the plan has been completed and after establishment of temporary
               ground cover in accordance with G.S. 113A-57(2). In addition, weekly and rain-event
               self-inspections are required by federal regulations, that are implemented through
               the NPDES Construction General Permit No. NCG 010000. The person who performs the
               inspection shall maintain and make available a record of the inspection at the site
               of the land-disturbing activity. The record shall set out any significant deviation
               from the approved erosion control plan, identify any measures that may be required
               to correct the deviation, and document the completion of those measures. The record
               shall be maintained until permanent ground cover has been established as required
               by the approved erosion and sedimentation control plan. The inspections required by
               this subsection shall be in addition to inspections required by G.S. 113A-61.1.
               </p>
            		
            <p class="b0">
               Where inspections are required by this subsection (r) or G.S. 113A-54.1(e), the following
               apply:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The inspection shall be performed during or after each of the following phases of
                  the plan;
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Initial installation of erosion and sediment control measures;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Clearing and grubbing of existing ground cover;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Completion of any grading that requires ground cover;
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Completion of all land-disturbing activity, construction, or development, including
                  permanent ground cover establishment and removal of all temporary measures; and
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Transfer of ownership or control of the tract of land where the erosion and sedimentation
                  control plan has been approved and work has begun. The new owner or person in control
                  shall conduct and document inspections until the project is permanently stabilized
                  as set forth in sub-item c of this item.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Documentation of self-inspections performed under item (1) of this rule shall include:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Visual verification of ground stabilization and other erosion control measures and
                  practices as called for in the approved plan;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Verification by measurement of settling basins, temporary construction entrances,
                  energy dissipaters, and traps.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  The name, address, organization affiliation, telephone number, and signature of the
                  person conducting the inspection and the date of the inspection shall be included,
                  whether on a copy of the approved erosion and sedimentation control plan or an inspection
                  report. A template for an example of an inspection and monitoring report is provided
                  on the DEMLR website. Any relevant licenses and certifications may also be included.
                  Any documentation of inspections that occur on a copy of the approved erosion and
                  sedimentation control plan shall occur on a single copy of the plan and that plan
                  shall be made available on the job site.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  A record of any significant deviation from any erosion or sedimentation control measure
                  from that on the approved plan. For the purpose of this rule, a "significant deviation"
                  means an omission, alternation, or relocation of an erosion or sedimentation control
                  measure that prevents it from performing as intended. The record shall include measures
                  required to correct the significant deviation, along with documentation of when those
                  measures were taken. Deviations from the approved plan may also be recommended to
                  enhance the intended performance of the sedimentation and erosion control measures.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. No. 2008-18, 11-17-2008; Ord. No. 2021-10, 10-18-2021)
               </p></div>