<div class="chunk-title">Sec. 5.3 - Erosion and sedimentation control regulations.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Section 5.3.1 Purpose and Intent.</span> This purpose of this section is to regulate certain land disturbing activity to control
               accelerated erosion and sedimentation in order to prevent the pollution and degradation
               of water and other damage to lakes, watercourses, and other public and private property
               by sedimentation.
               </p>
            <p class="b0">
               <span class="bold">Section 5.3.2 Applicability.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               This section shall apply to all land disturbing activities, as defined, within the
               territorial jurisdiction of the County and to the municipalities including extraterritorial
               jurisdiction of the municipalities as allowed by the agreement between the local governments
               or other appropriate legal instrument or law.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 5.3.3 Exemptions.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               This section shall not apply to the following land disturbing activities:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Activities, including the production and activities relating or incidental to the
               production of crops, grains, fruits, vegetables, ornamental and flowering plants,
               dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural
               land for the production of plants and animals useful to man, including, but not limited
               to:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Dairy animals and dairy products.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Poultry and poultry products.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Bees and apiary products.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Fur-producing animal.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Mulch, ornamental plants, and other horticultural products. For purposes of this section,
               "mulch" means substances composed primarily of plant remains or mixtures of such substances.
               Trout production and other aquaculture activities.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Activities undertaken on forestland for the production and harvesting of timber and
               timber products and conducted in accordance with standards defined by the Forest Practice
               Guidelines Related to Water Quality (Best Management Practices), as adopted by the
               North Carolina Department Agriculture and Consumer Services. If land disturbing activity
               undertaken on forestland for the production and harvesting of timber and timber products
               is not conducted in accordance with standards defined by the Forest Practice Guidelines
               Related to Water Quality, the provisions of this section shall apply to such activity
               and any related land disturbing activity on the tract.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Activities for which a permit is required under the Mining Act of 1971, NCGS 74, Article
               VII;
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Land disturbing activity over which the State has exclusive regulatory jurisdiction
               as provided in NCGS 113A-56(a).
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               For the duration of an emergency, activities essential to protect human life.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               Activities undertaken to restore the wetland functions of converted wetlands to provide
               compensatory mitigation to offset impacts permitted under Section 404 of the Clean
               Water Act.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               Activities undertaken pursuant to Natural Resources Conservation Service standards
               to restore the wetlands functions of converted wetlands as defined in Title 7 Code
               of Federal Regulations <a href="" data-chunk-id="CD_ORD_APXCREDIGRDI_ART12PUHECOFA_S12.2PR" class="section-link" data-product-id="14666">Â§ 12.2</a>.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 5.3.4 Permits and Procedures.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The Permitting and Code Enforcement Director shall administer this section per the
               Table 3.1 Development Review Procedures, and in doing so shall incorporate all necessary
               steps to ensure that development and other land disturbing activities comply with
               the terms of this section. See also Section 3.7.5 for procedures to obtain Erosion
               and Sedimentation Control permit procedures.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Plan required</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               No person shall initiate any land disturbing activity which uncovers one-half or greater
               acres or more than 21,780 square feet without having an erosion and sedimentation
               control plan approved by the county.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               An erosion and sedimentation control plan shall be prepared for all land disturbing
               activities subject to this article whenever the proposed activity is to be undertaken
               on a tract comprising of one-half or greater acres acre or more, if one-half or greater
               acres acre or more is to be uncovered. The plan shall be filed with the Permitting
               and Code Enforcement Department and a copy shall be simultaneously submitted to the
               County Soil and Water Conservation District at least 30 calendar days prior to the
               commencement of the proposed activity.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Persons conducting land disturbing activity on a tract which covers one-half or greater
               acres or more shall file three copies of the erosion control plan with the County
               at least 30 calendar days prior to beginning such activity and shall keep another
               copy of the plan on file at the job site. After approving the 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
               will require a revised plan. Pending the preparation of the revised plan, work shall
               cease or shall continue under conditions outlined by the appropriate authority.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               The County will review each complete plan submitted to them and within 30 calendar
               days of receipt thereof will notify the person submitting the plan that it has been
               approved, approved with modifications, approved with performance reservations, or
               disapproved. Incomplete plans shall be returned for completion. The 30-day review
               period will not begin until all required items are submitted. The erosion control
               officer shall have five business days to check the plans for completeness. Failure
               to approve, approve with modifications, or disapprove a complete erosion and sedimentation
               control plan within 30 calendar days of receipt shall be deemed an approval. Disapproval
               of a plan must specifically state in writing the reasons for disapproval. The County
               must approve, approve with modifications, or disapprove a revised plan within 15 calendar
               days of receipt, or it is deemed to be approved. 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 article, the County may require any
               revision of the plan that is necessary to comply with this article. Failure to approve,
               approve with modifications, or disapprove a revised erosion control plan within 15
               calendar days of receipt shall be deemed approval of the plan. The County shall establish
               an expiration date of three years for erosion control plans approved under this article.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               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 article. Plan content may vary to meet the needs of
               specific site requirements. Detailed guidelines for plan preparation may be obtained
               from the County. A professional is not required to design plans for ground disturbance
               of three or less acres. For ground disturbance exceeding three acres a professional
               drawing by an appropriately licensed or certified design professional is required,
               and if that same permit disturbs five or more acres an appropriately licensed or design
               professional shall conduct monthly inspections, a schedule of which is to be filed
               with the planning office.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Financial responsibility statement</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Erosion control 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 the person financially responsible and of the owner of the land or
               their registered agents. If the person financially responsible is not a resident of
               the state, a state agent must be designated in the statement for the purpose of receiving
               notice of compliance or noncompliance with the plan, the Act, this article, or rules
               or orders adopted or issued pursuant to this article.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Soil and Water Conservation District review</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The County Soil and Water Conservation District shall review the plan and submit any
               comments and recommendations to the County within 20 calendar days after the soil
               and water conservation district received the erosion control plan, or within any shorter
               period of time as may be agreed upon by the Soil and Water Conservation District and
               the County. Failure of the Soil and Water Conservation District to submit its comments
               and recommendations within 20 calendar days or within any agreed-upon shorter period
               of time shall not delay final action on the plan.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Coordination with the North Carolina Environmental Policy Act</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Any plan submitted for a land disturbing activity for which an environmental document
               is required by the North Carolina Environmental 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-calendar
               day time limit for review of the plan pursuant to Section 5.3.4 (b)(3) shall not begin
               until a complete environmental document is available for review.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Plan disapproval</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               An erosion and sediment control plan may be disapproved upon a finding that an applicant,
               or a parent, subsidiary, or other affiliate of the applicant:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               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="incr2">
               2)
               </p>
            		
            <p class="content3">
               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="incr2">
               3)
               </p>
            		
            <p class="content3">
               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="incr2">
               4)
               </p>
            		
            <p class="content3">
               Has failed to substantially comply with state rules or local ordinances and regulations
               adopted pursuant to the Act. For purposes of this section an applicant's record may
               be considered for only the two years prior to the application date.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Plan amendment</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Applications for amendment of an erosion control 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 erosion control plan as originally
               approved.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Failure to file a plan</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Any person engaged in land disturbing activity who fails to file a plan in accordance
               with this article, or who conducts a land disturbing activity except in accordance
               with provisions of an approved plan shall be deemed in violation of this article.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Compliance with water quality laws</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The approval of an erosion control plan is conditioned on the applicant's compliance
               with federal and state water quality laws, regulations, and rules.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Plans involving ditches to lower the water table</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               A copy of the erosion control plan for any land disturbing activity that involves
               the utilization of ditches for the purpose of de-watering or lowering the water table
               must be forwarded to the director of the division of water quality and the Army Corps
               of Engineers.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Plan approval</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               If the submitted plan is approved by the erosion control officer, a permit to conduct
               land disturbing activities shall be issued in the name of the applicant.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               <span class="ital">Notification procedures for land disturbing activity not meeting the erosion control
                  plan requirements</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               In cases where less than one-half acre will be disturbed, applicants will be asked
               to complete a form that explains how erosion control will be managed during construction.
               The form will provide an opportunity to choose among simple approaches to keep mud
               and sediment from leaving the property. The information provided on the form will
               serve as an erosion control plan for the new construction. Applicants will need to
               know the downhill slope of the lot to complete the form.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Should the applicant fail to fill out the notification form in advance of clearing
               land, give false or misleading information on the form or fail to install the procedures
               as called for on the form, a penalty will be assessed as outlined in Article X.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               <span class="ital">Protection of property</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Persons conducting land disturbing activity shall take all reasonable measures to
               protect all public and private property from damage caused by such activity.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 5.3.5 General Requirements.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Responsibilities of Persons Conducting Land Disturbing Activities</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Persons conducting land disturbing activities shall be held responsible for understanding
               the requirements:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Persons conducting land disturbing activities shall take all reasonable measures to
               prevent damage to public and private property resulting from those activities.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Persons conducting land disturbing activities shall apply to the Permitting and Code
               Enforcement Department for any permit required and receive said permit contingent
               upon an approved erosion and sediment control plan, before beginning any land disturbing
               activity which uncovers one or greater acres.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               If any land disturbing activity requires a permit as defined in this section, a building
               permit shall not be issued until a plan has been approved by the Permitting and Code
               Enforcement Director.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">More Restrictive Rules Apply</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Whenever conflicts exist between Federal, State, or local laws, ordinance, or rules,
               the more restrictive provision shall apply.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Access and Haul Roads</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Temporary access and haul roads, other than public roads, constructed or used in connection
               with any land disturbing activity shall be considered a part of such activity.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Operations in Lakes or Natural Watercourses</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Land disturbing activity in connection with construction in, on, over, or under a
               lake or natural watercourse shall be planned and conducted in such a manner as to
               minimize the extent and duration of disturbance of the stream channel.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The relocation of a stream, where relocation is an essential part of the proposed
               activity, shall be planned and executed so as to minimize changes in the stream flow
               characteristics, except when justification for significant alteration to flow characteristic
               is provided.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               The applicant shall consult with the Army Corps of Engineers and the North Carolina
               Department of Environment and Natural Resources to determine if a permit is required
               before undertaking any land disturbing activity in or near a watercourse, wetlands
               or swamp.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Said permits or approvals shall be submitted as part of the erosion and sediment control
               application.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Borrow and Waste Areas</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               When the person conducting the land disturbing activity is also the person conducting
               the borrow or waste disposal activity, areas from which borrow is obtained and which
               are not regulated by the provisions of the Mining Act of 1971, and waste areas for
               surplus materials, other than landfills regulated by the County solid waste management,
               shall be considered as part of the land disturbing activity where the borrow material
               is being used or from which the waste material originated.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               When the person conducting the land disturbing activity is not the person obtaining
               the borrow and/or disposing of the waste, these areas shall be considered a separate
               land disturbing activity.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Additional Measures</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Whenever the County determines that significant sedimentation is occurring as a result
               of land disturbing activity, despite application and maintenance of protective practices,
               the person conducting the land disturbing activity will be required to and shall take
               additional protective action.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Restoration of Areas Affected by Failure to Comply</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The County may require a person who engaged in a land disturbing activity and failed
               to retain sediment generated by the activity, as required by NCGS 113A-57(3), to restore
               the waters and land affected by the failure so as to minimize the detrimental effects
               of the resulting pollution by sedimentation.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               This includes damage to properties adjacent to, nearby or downstream of the permitted
               property that are not owned by the person engaging in the land disturbing activity.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               This authority is in addition to any other civil or criminal penalty or injunctive
               relief authorized under this section.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Prior to obtaining building permits for multi-family developments:</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               All building pads must be established, roadways entering and throughout the development
               should have initial layer of compacted stone in place.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               All stopes must be seeded and ground cover established.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               All sediment basins and erosion control devices shown on the approved erosion control
               plan must be in place.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(4), 10-13-2020)
               </p>
            <p class="b0">
               <span class="bold">Section 5.3.6 Basic Control Objectives.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               An erosion and sedimentation control plan may be disapproved pursuant to Article III,
               Permits and Procedures, if the plan fails to address the following control objectives:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Identify Critical Areas</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               On-site areas which are subject to severe erosion, and off-site areas which are especially
               vulnerable to damage from erosion and/or sedimentation, are to be identified and receive
               special attention.
               </p>
            		
            <p class="incr2">
               (ii)
               </p>
            		
            <p class="content3">
               <span class="ital">Limit Time of Exposure</span>.
               </p>
            		
            <p class="incr3">
               1)
               </p>
            		
            <p class="content4">
               All land disturbing activity is to be planned and conducted to limit exposure to the
               shortest feasible time.
               </p>
            		
            <p class="incr2">
               (iii)
               </p>
            		
            <p class="content3">
               <span class="ital">Limit Exposed Areas</span>.
               </p>
            		
            <p class="incr3">
               1)
               </p>
            		
            <p class="content4">
               All land disturbing activity is to be planned and conducted to minimize the size of
               the area to be exposed at any one time.
               </p>
            		
            <p class="incr2">
               (iv)
               </p>
            		
            <p class="content3">
               <span class="ital">Control Surface Water</span>.
               </p>
            		
            <p class="incr3">
               1)
               </p>
            		
            <p class="content4">
               Surface water runoff originating upgrade of exposed areas should be controlled to
               reduce erosion and sediment loss during the period of exposure.
               </p>
            		
            <p class="incr2">
               (v)
               </p>
            		
            <p class="content3">
               <span class="ital">Control Sedimentation</span>.
               </p>
            		
            <p class="incr3">
               1)
               </p>
            		
            <p class="content4">
               All land disturbing activity is to be planned and conducted so as to prevent off-site
               sedimentation damage.
               </p>
            		
            <p class="incr2">
               (vi)
               </p>
            		
            <p class="content3">
               <span class="ital">Manage Stormwater Runoff</span>.
               </p>
            		
            <p class="incr3">
               1)
               </p>
            		
            <p class="content4">
               When the increase in the velocity of stormwater runoff resulting from a land disturbing
               activity is sufficient to cause accelerated erosion of the receiving watercourse,
               plans are to include measures to control the velocity to the point of discharge so
               as to minimize accelerated erosion of the site and increased sedimentation of the
               stream.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 5.3.7 Mandatory Standards for Land Disturbing Activity.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No land disturbing activity subject to the control of this section shall be undertaken
               except in accordance with the following mandatory standards:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Buffer zone</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               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.
               This provision 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="incr2">
               2)
               </p>
            		
            <p class="content3">
               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 the 25 percent of the buffer zone nearest the land disturbing
               activity, whichever is greater; provided, however, that the County may approve plans
               which include land disturbing activity along trout waters when the duration of said
               disturbance would be temporary and the extent of said disturbance would be minimal.
               This provision 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="incr2">
               3)
               </p>
            		
            <p class="content3">
               Unless otherwise provided, the width of a buffer zone is measured 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>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               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.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Where a temporary and minimal disturbance is permitted as an exception by subsection
               (a) (i)(1) of this section, 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 distributed such that there is not
               more than 100 linear feet of disturbance in each 1,000 linear feet of buffer zone.
               Larger areas may be disturbed with the written approval of the Permitting and Code
               Enforcement Director.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               No land disturbing activity shall be undertaken within a buffer zone adjacent to designated
               trout waters that will cause adverse temperature fluctuations in these waters, as
               set forth in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards".
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Graded slopes and fills</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The angle for graded slopes and fills shall be no greater than a maximum 1 Â½:1 on
               cut slopes and a maximum 2 :1 on fill slopes.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               In any event, slopes left exposed will, within seven calendar days of ground disturbing
               activity, be provided with temporary or permanent ground cover, devices, or structures
               sufficient to restrain erosion.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Ground cover</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Whenever land disturbing activity that will disturb more than one-half acre is undertaken
               on a tract, the person conducting the land disturbing activity shall install such
               sedimentation and erosion control devices and practices as are sufficient to retain
               the sediment generated by the land disturbing activity within the boundaries of the
               tract during construction upon and development of said tract, and shall plant or otherwise
               provide a permanent ground cover sufficient to restrain erosion after completion of
               construction or development.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Except as provided in Section 5.3.8 (c)(v), provisions for a ground cover sufficient
               to restrain erosion must be accomplished within seven calendar days following ground
               disturbing activity, excluding building structure footprint areas.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Prior plan approval</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               No person shall initiate any land disturbing activity on a tract if more than one-half
               acre or greater is to be uncovered unless, 30 or more calendar days prior to initiating
               the activity, an Erosion and Sedimentation Control Plan for such activity is filed
               with and approved by the Permitting and Code Enforcement Director.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 5.3.8 Design Performance Standards.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Except as provided in subsection (c)(ii) of this section, erosion and sedimentation
               control measures, structures, and devices shall be so planned, designed, and constructed
               as to provide protection from the calculated maximum peak rate of runoff from the
               ten-year storm.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Runoff rates shall be calculated using the procedures in the USDA, Natural Resources
               Conservation Service's "National Engineering Field Manual for Conservation Practices."
               or other acceptable calculation procedures.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               In high quality water (HQW) zones the following design standards shall apply:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Uncovered areas in HQW zones shall be limited at any time to a maximum total area
               within the boundaries of the tract of 20 acres. Only the portion of the land disturbing
               activity within a HQW zone shall be governed by this section. Larger areas may be
               uncovered within the boundaries of the tract with the written approval of the Permitting
               and Code Enforcement Director.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Erosion and sedimentation control measures, structures, and devices within HQW zones
               shall be so planned, designed and constructed to provide protection from the run off
               of the 25-year storm which produces the maximum peak rate of run off as calculated
               according to procedures in the United States department of Agriculture Natural Resources
               Conservation Service's "National Engineering Field Manual for Conservation Practices"
               or according to procedures adopted by any other agency of this state or the United
               States or any generally recognized organization or association.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Sediment basins within HQW zones shall be designed and constructed such that the basin
               will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm)
               size soil particle transported into the basin by the runoff of that 25-year storm
               which produces the maximum peak rate of runoff as calculated according to procedures
               in the United States Department of Agriculture Natural Resources Conservation Service's
               "National Engineering Field Manual for Conservation Practices" or according to procedures
               adopted by any other agency of this state or the United States or any generally recognized
               organization or association.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Newly constructed open channels in HQW zones shall be designed and constructed with
               side slopes no steeper than 2 horizontal to 1 vertical if a vegetative cover is used
               for stabilization unless soil conditions permit a steeper slope or where the slopes
               are stabilized by using mechanical devices, structural devices or other acceptable
               ditch liners. In any event, the angle for side slopes shall be sufficient to restrain
               accelerated erosion.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Ground cover sufficient to restrain erosion must be provided for any portion of a
               land disturbing activity in a HQW zone immediately, not to exceed ten calendar days
               maximum, after ground disturbance activity.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 5.3.9 Stormwater Provisions.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Stormwater Outlet Protection; Velocity Limitation</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Persons shall conduct land disturbing activity so that the post-construction velocity
               of the ten-year storm runoff in the receiving watercourse to the discharge point does
               not exceed the greater of:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The velocity established by Table 5.1
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The velocity of the ten-year storm runoff in the receiving watercourse prior to development.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               If conditions 1) or 2) of this subsection cannot be met, then the receiving watercourse
               to and including the discharge point shall be designed and constructed to withstand
               the expected velocity anywhere the velocity exceeds the velocity prior to development
               by ten percent.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Measures applied alone or in combination to satisfy the intent of this section are
               acceptable if there are no objectionable secondary consequences. The North Carolina
               Sedimentation Control Commission recognizes that the management of stormwater runoff
               to minimize or control downstream channel and bank erosion is a developing technology.
               Innovative techniques and ideas will be considered and may be used when shown to have
               the potential to produce successful results. Some alternatives are to:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Avoid increases in surface runoff volume and velocity by including measures to promote
               infiltration to compensate for increased runoff from areas rendered impervious;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Avoid increases in stormwater discharge velocities by using vegetated or roughened
               swales and waterways in lieu of closed drains and high velocity paved sections;
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Provide energy dissipaters at outlets of storm drainage facilities to reduce flow
               velocities to the point of discharge. These may range from simple rip-rapped sections
               to complex structures;
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Protect watercourses subject to accelerated erosion by improving cross sections and/or
               providing erosion-resistant lining.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               This rule shall not apply where it can be demonstrated that stormwater discharge velocities
               will not create an erosion problem in the receiving watercourse.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Table 5.1 represents maximum permissible velocity for stormwater discharge:
               </p>
            		
            <div>
               <div class="" style="width:100%">
                  <table class="thead3 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" style="font-size:13px;">
                     <colgroup class="std">
                        <col width="60%">
                        <col width="20%">
                        <col width="20%">
                     </colgroup>
                     <tbody>
                        <tr>
                           <td style="background-color: LightGray; " colspan="3" class="hasbgleft  top ">
                              <span class="bold">TABLE 5.1: Maximum Permissible Velocity for Stormwater Discharge</span>
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; vertical-align:middle; " rowspan="2" colspan="1" class="hasbg top ">
                              <span class="bold">Material</span>
                              <br>
                              
                              </td>
                           <td style="background-color: LightGray; " colspan="2" class="hasbg top ">
                              <span class="bold">Maximum Permissible Velocities</span>
                              </td>
                        </tr>
                        <tr>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              <span class="bold">F.P.S.</span>
                              </td>
                           <td style="background-color: LightGray; " class="hasbg top ">
                              <span class="bold">M.P.S.</span>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Fine sand (non-colloidal)
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIIAD_S2.5ENBO" class="section-link" data-product-id="14666">2.5</a>
                              </td>
                           <td class=" top ">
                              0.8
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Sandy loam (non-colloidal)
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIIAD_S2.5ENBO" class="section-link" data-product-id="14666">2.5</a>
                              </td>
                           <td class=" top ">
                              0.8
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Silt loam (non-colloidal)
                              </td>
                           <td class=" top ">
                              3.0
                              </td>
                           <td class=" top ">
                              0.9
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Ordinary firm loam
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIIIPEPR_S3.5PUNO" class="section-link" data-product-id="14666">3.5</a>
                              </td>
                           <td class=" top ">
                              1.1
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Fine gravel
                              </td>
                           <td class=" top ">
                              5.0
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.5REEXOR" class="section-link" data-product-id="14666">1.5</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Stiff clay (very colloidal)
                              </td>
                           <td class=" top ">
                              5.0
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.5REEXOR" class="section-link" data-product-id="14666">1.5</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Graded, loam to cobbles (non-colloidal)
                              </td>
                           <td class=" top ">
                              5.0
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.5REEXOR" class="section-link" data-product-id="14666">1.5</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Graded, silt to cobbles (colloidal)
                              </td>
                           <td class=" top ">
                              5.5
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.7INCO" class="section-link" data-product-id="14666">1.7</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Alluvial silts (noncolloidal)
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIIIPEPR_S3.5PUNO" class="section-link" data-product-id="14666">3.5</a>
                              </td>
                           <td class=" top ">
                              1.1
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Alluvial silts (colloidal)
                              </td>
                           <td class=" top ">
                              5.0
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.5REEXOR" class="section-link" data-product-id="14666">1.5</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Coarse gravel (noncolloidal)
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTVIDEST_S6.0GEPR" class="section-link" data-product-id="14666">6.0</a>
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.8IDREDIMA" class="section-link" data-product-id="14666">1.8</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Cobbles and shingles
                              </td>
                           <td class=" top ">
                              5.5
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.7INCO" class="section-link" data-product-id="14666">1.7</a>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Shales and hard pans
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTVIDEST_S6.0GEPR" class="section-link" data-product-id="14666">6.0</a>
                              </td>
                           <td class=" top ">
                              <a href="" data-chunk-id="CD_ORD_APXIUNDEOR_ARTIGEPR_S1.8IDREDIMA" class="section-link" data-product-id="14666">1.8</a>
                              </td>
                        </tr>
                     </tbody>
                  </table>
               </div>
               <p>&nbsp;</p>
            </div>
            <p class="b0" style="font-size:11px;">
               <span class="bold">Source:</span> Adapted from recommendations by the Special Committee on Irrigation Research, American
               Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous
               channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately
               sinuous channels, and by 0.8 for highly sinuous channels.
               </p>
            <p class="b0">
               <span class="bold">Section 5.3.10 Maintenance of Temporary and Permanent Measures.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Responsibility for Maintenance</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               During the development of a site, the person conducting the land disturbing activity
               shall install and maintain all temporary and permanent erosion and sedimentation control
               measures as required by the approved plan or any provision of this section, the Act,
               or any order adopted pursuant to this section or the Act.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The landowner or person in possession or control of the land shall install and/or
               maintain all necessary permanent erosion and sediment control measures, except those
               measures installed within a road or street right-of-way or easement accepted for maintenance
               by a governmental agency.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Exposed areas shall be planted or otherwise provided with permanent ground cover,
               devices, or structures sufficient to restrain erosion, within 7 calendar days of ground
               disturbing activity.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The Permitting and Code Enforcement Director shall perform a final inspection verifying
               that all disturbed areas have been stabilized, that all permanent erosion control
               measures and stormwater management BMPs, facilities and improvements have been installed
               per the approved plan(s) and all requirements set forth in this section. A certificate
               of occupancy shall not be issued until th