(a)

Plan required. No person shall initiate any land disturbing activity without an erosion control plan approved by the town, if the land disturbing activity exceeds one acre.

(b)

Protection of property. Persons conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

(c)

More restrictive rules shall apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply.

(Ord. of 2-3-2005, § 7-4.1)

A soil erosion and sedimentation control plan may be disapproved pursuant to section 30-1336(m) if the plan fails to address the following control objectives:

(1)

Identify critical areas. 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;

(2)

Limit time of exposure. All land disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time;

(3)

Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time;

(4)

Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure;

(5)

Control sedimentation. All land disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage; and

(6)

Manage stormwater runoff. 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 at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream.

(Ord. of 2-3-2005, § 7-4.2)

No land disturbing activity subject to the control of this article shall be undertaken except in accordance with the following mandatory standards.

(1)

Buffer zone. No land disturbing activity 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 nearer the land disturbing activity; provided that this subsection 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. 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.

(2)

Graded slopes and fills. The angle for graded slopes and fills shall be no steeper than a 2:1 slope if they are to be stabilized with vegetative cover. Slopes or fills steeper than a 2:1 slope must be protected by structures. In any event, slopes left exposed will, within 30 days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion.

(3)

Ground cover. Whenever land disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, 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. Except as provided in section 30-1328(b)(5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days following completion, whichever period is shorter.

(4)

Prior plan approval. 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, an erosion and sedimentation control plan for such activity is filed with and approved by the jurisdiction.

(Ord. of 2-3-2005, § 7-4.3)

(a)

Design for ten-year storm. Except as provided in subsection (b)(2) of this section, soil 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. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures.

(b)

High quality water zones. In high quality water (HQW) zones the following design standards shall apply:

(1)

Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract to 20 acres. Only the portion of the land disturbing activity within a HQW zone shall be governed by this subsection. Larger areas may be uncovered within the boundaries of the tract with the written approval of the director (DENR).

(2)

Soil erosion and sedimentation control measures, structures and devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agricultural Soil 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.

(3)

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 size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agricultural Soil 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 reorganized organization or association.

(4)

Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one 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.

(5)

Ground cover sufficient to restrain erosion must be provided for any portion of a land disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shorter.

(Ord. of 2-3-2005, § 7-4.4)

(a)

Intent. Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity.

(b)

Performance standard. 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:

(1)

The velocity established by the Maximum Permissible Velocity for Stormwater Discharges table below; or

(2)

The velocity of the ten-year storm runoff in the receiving watercourse prior to development.

If the conditions set forth in subsection (b)(1) or (b)(2) of this section 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 "prior to development" velocity by ten percent.

(c)

Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The town 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:

(1)

Avoid increases to surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious;

(2)

Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections;

(3)

Provide energy dissipators 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; or

(4)

Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion-resistant lining.

(d)

Exceptions. This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse.

MAXIMUM PERMISSIBLE VELOCITY FOR STORMWATER DISCHARGES

Source: Adapted from recommendations by 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.

(Ord. of 2-3-2005, § 7-4.5)

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, any waste areas for surplus materials other than landfills regulated by the department's division of 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. When the person conducting 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.

(Ord. of 2-3-2005, § 7-4.6)

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.

(Ord. of 2-3-2005, § 7-4.7)

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. 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. The U.S. Army Corps of Engineers shall be notified by the developer of any planned operation in lakes or natural watercourses for possible issuance of section 404 or other permits.

(Ord. of 2-3-2005, § 7-4.8)

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, by any provision of this article, or by any ordinance adopted pursuant to this article. After site development, 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.

(Ord. of 2-3-2005, § 7-4.9)

Whenever the town 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.

(Ord. of 2-3-2005, § 7-4.10)

(a)

Applicability. All uncovered areas existing on the effective date of the ordinance from which this article is derived which are the result of land disturbing activity, which exceed one acre, which are subject to continued accelerated erosion, and which are causing off-site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation.

(b)

Notice of violation. The town will serve upon the landowner a written notice of violation by registered or certified mail, return receipt requested. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonably attainable time limits for compliance.

(c)

Requiring erosion control plan. The town reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required.

(d)

Exemption. This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir.

(Ord. of 2-3-2005, § 7-4.11)

(a)

Applicability. An erosion 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 more than one acre, if more than one acre is to be uncovered.

(b)

Preparation of plan. The erosion control plan shall be prepared by, and shall bear the seal and signature of a registered professional engineer, architect, landscape architect, or a registered surveyor to the extent permitted by state laws, at a scale not smaller than one inch equals 100 feet. The plan shall be filed with the town, and the county soil and water conservation district, 30 days prior to the commencement of the proposed activity.

(c)

Submission of plan. Persons conducting land disturbing activity on a tract which covers one or more acres shall file five copies of the erosion control plan with the town, at least 30 days prior to beginning of such activity, and shall keep another copy of the plan on file at the job site. If the town, 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 town 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.

(d)

Financial responsibility statement. 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 this compliance or noncompliance with the plan, this article, or rules or orders adopted or issued pursuant to this article.

(e)

Conservation district review. The county soil and water conservation district, within 20 days of receipt of any plan, shall review such plan and submit its comments and recommendations to the town. Failure of the soil and water conservation district to submit its comments and recommendations within these 20 days will not delay final action on the plan.

(f)

Local town review. The town will review each 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, approved with performance reservations, or disapproved. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial. The town must approve or deny a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land disturbing activity pursuant to an approved plan, the town determines that the plan is inadequate to meet the requirements of this article, the town may require such revisions as are necessary to comply with this article.

(g)

Plan requirements. 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 proposed to ensure compliance with the requirements of this article. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation can be found in appendix B to this Code.

(h)

Application amendments. 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 town, the land disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved.

(i)

Work conducted from approved plan. Any person engaged in a 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.

(j)

Plan approval required for permit. No building or location permits, approvals or other documents relating to land or building development or improvement shall be issued or granted under applicable zoning, building, subdivision and other laws and ordinances of the town, unless and until an erosion control plan, as required by this article, has been submitted to the town, a grading permit has been issued, and a certificate of erosion control performance has been issued by the town, indicating that initial erosion control devices have been installed and are functioning properly.

(k)

Work completed before final subdivision approval. No final subdivision plat approval nor any certificate of occupancy shall be issued or granted where required under applicable zoning, building, subdivision and other laws and ordinances unless and until work at the site has been completed in accordance with a valid grading permit, or an improvement security or performance bond has been approved and accepted as required by this article.

(l)

Surety. The applicant for a grading permit to grade one acre or more may be required to file with the town an improvement security or bond in the form of an escrow account or other instruments satisfactory to the town attorney in the amount deemed sufficient by the town to cover all costs of protection of the site against erosion and off-site sedimentation according to requirements of this article. The amount of such surety requirement shall be determined by the town in consultations with the soil and water conservation district and with disinterested private contractors. Such surety shall be valid until the work is completed in accordance with the grading permit and until same is released by the town. Applicable surety shall be forfeited upon violation of this article and shall be used to establish protective cover on the site, to control the velocity of runoff, and/or prevent off-site sedimentation. Any monies in excess of the cost of providing protective measures shall be refunded to the applicant. Surety shall be released when the town has certified that the requirements of this article have been met.

(m)

Grounds for plan disapproval. A soil erosion and sedimentation control plan may be disapproved upon a finding that an applicant, or any parent or subsidiary corporation if the applicant is a corporation:

(1)

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 the town and has not complied with the notice within the time specified in the notice;

(2)

Has failed to pay a civil penalty assessed pursuant to the act or this article which is due and for which no appeal is pending;

(3)

Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of this article; and

(4)

Has failed to substantially comply with state rules adopted pursuant to the act or regulations of this article.

For purposes of this subsection an applicant's record may be considered for only the two years prior to the application date.

(n)

North Carolina Environmental Policy Act. 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 day time limit for review of the plan pursuant to subsection (f) of this section shall not begin until a complete environmental document is available for review.

(Ord. of 2-3-2005, § 7-4.12)