Sec. 12.10. Sedimentation and Erosion Control
12.10.1. Purposes
A. This Section is adopted for the purposes of:
1. Regulating private, non-exempt land-disturbing activity to control accelerated erosion
The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. in order to prevent the pollution of water and other damage to lakes, watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. and other public and private property by sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin.; and
2. Establishing procedures through which these purposes can be fulfilled.
B. No person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. shall undertake any land-disturbing activity without first obtaining a permit from the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee as required by this section.
12.10.2. Applicability
A. Exemptions
The following activities do not require a permit under this section:
1. Land-disturbing activities for the purpose of fighting fires;
2. Land-disturbing activities that are less than 12,000 square feet in surface area. In determining the area, lands under one or diverse ownership being developed Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. as a unit will be aggregated. Notwithstanding this provision, an erosion control plan A plan designed to control both erosion and sedimentation. and/or permit may be required by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee when off-site damage is occurring, or if the potential for off-site damage exists. Additionally, this section may apply when the applicant, or a parent An affiliate that directly, or indirectly through one or more intermediaries, controls another person., subsidiary An affiliate that is directly or indirectly through one or more intermediaries, controlled by another person., or other affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. of the applicant has engaged in any activity enumerated in paragraph 3.8.7, Disapproval of Plan;
3. Agricultural Exemption
As set forth in NCGS § 113A-52.01, land-disturbing activities relating or incidental to the production of crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household., poultry, and all other forms of agriculture undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. on agricultural land for the production of plants and animals useful to man, including but not limited to:
a. Forage and sod crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., grain and feed crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., tobacco, cotton and peanuts;
b. Dairy animals and dairy products;
c. Poultry and poultry products;
d. Livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household., including beef cattle, llamas, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals;
e. Bees and apiary products;
f. Fur animals; and
g. 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;
4. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Article shall apply to such activity and any related land-disturbing activity;
5. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. by persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. as defined in NCGS § 113A-52(8) who are otherwise regulated by the provisions of the Mining The development or extraction of a mineral from its natural occurrences on affected land. Act of 1971, NCGS § 74-46 – 74-68;
6. Land-disturbing activities over which the state has exclusive regulatory jurisdiction as provided in NCGS § 113A-56(a);
7. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. for the duration of an emergency, activities essential to protect human life;
8. Activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. to restore the wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. functions of converted wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act; and
9. Activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. pursuant to Natural Resources Conservation Service standards to restore the wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. functions of converted wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. as defined in Title 7 Code of Federal Regulations Sec. 12.2 (January 1, 2014 Edition).
B. Plan Required
Subject to the exemptions listed in subsection 12.10.2, a sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. shall be required for any land-disturbing activity within the County, including the City, if more than 20,000 aggregate square feet will be disturbed, or if 12,000 or more aggregate square feet will be disturbed in a M/LR-A, M/LR-B, F/J-A, E-A, or E-A(2) watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay district. The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee may also require a plan for any land-disturbing activity if it determines that off-site damage is occurring or the potential for off-site damage exists. A plan may also be required when the applicant, or a parent An affiliate that directly, or indirectly through one or more intermediaries, controls another person., subsidiary An affiliate that is directly or indirectly through one or more intermediaries, controlled by another person., or other affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. of the applicant, has engaged in any activity listed in paragraph 3.8.7, Disapproval of Plan.
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Less than 12,000 s.f. |
12,000 s.f. to |
More than 20,000 s.f. |
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Plan |
MR |
MR(*R) |
R |
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Permit |
MR |
R |
R |
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MR – May be required when off-site damage is occurring, the potential for off-site damage exists, or if the applicant or a parent R – Required. *R – Required in a Lake Michie/Little River Critical Area (M/LR-A), Lake Michie/Little River Protected Area (M/LR-B), Falls/Jordan Critical Area (F/J-A) and Eno River Critical Areas (E-A; E-A(2)). |
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C. Protection of Property
Persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.
D. More Restrictive Rules Shall Apply
Whenever conflicts exist between federal, State or local laws, ordinances or rules, the more restrictive provision shall apply.
12.10.3. Basic Control Objectives
In order for a sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. to be approved, the following control objectives shall be met:
A. Identify Critical Areas
On-site areas which are subject to severe erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., and off-site areas which are especially vulnerable to damage from erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and/or sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin., are to be identified and receive special attention;
B. Limit Time of Exposure
All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time;
C. 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;
D. Control Surface Water
Surface water runoff Water from precipitation that flows off a property. originating upgrade of exposed areas shall be controlled to reduce erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. loss during the period of exposure;
E. Control Sedimentation
All land-disturbing activity is to be planned and conducted so as to restrain off-site sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. damage; and
F. Manage Stormwater Runoff
When the increase in the velocity of stormwater runoff The direct runoff of water resulting from precipitation in any form. resulting from a land-disturbing activity is sufficient to cause accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. of the receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity., plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. of the site and increased sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface..
12.10.4. Mandatory Standards for Land-Disturbing Activity
No land-disturbing activity shall occur except in accordance with the mandatory standards listed below. Except where more stringent standards are specified in this Ordinance, the technical standards and specifications contained in the North Carolina Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Planning and Design Manual shall also apply. In addition, for land-disturbing activities greater than or equal to one acre, requirements within the most recent version of the State of North Carolina General Permit No. NCG010000 shall apply.
A. Buffer Zones
Except where more stringent buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements are specified in Article 8, Environmental Protection, and/or Article 9, Landscaping and Buffering, the following requirements shall apply;
1. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. unless a buffer zone The strip of land adjacent to a lake or natural watercourse. is provided along the margin of the watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. of sufficient width to confine visible siltation Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. within the 25% of the buffer zone The strip of land adjacent to a lake or natural watercourse. nearest the land-disturbing activity. 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 Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.; and
2. Unless otherwise provided, the width of a buffer zone The strip of land adjacent to a lake or natural watercourse. is measured from the top of the bank nearest edge of the disturbed area, with the 25% of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water..
3. Two rows of silt fence shall be placed along all buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. zones. Rows should be spaced a minimum of three (3) feet apart.
B. Stabilization of Disturbed Land
The angle for disturbed land shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control devices or structures.
1. Ongoing Activity
a. Ground Cover
Land left exposed shall be planted or otherwise provided with temporary ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., devices, or structures sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. within the applicable time period after completion of any phase of grading One of two types of grading, rough or fine. or period of inactivity as follows: seven days for a steep slope; 10 days for a moderate slope; 14 days for land with no slope or inclination. For purposes of this section, a moderate slope means an inclined area, the inclination of which is less than or equal to three units of horizontal distance to one unit of vertical distance; and a steep slope means an inclined area, the inclination of which is greater than three units of horizontal distance to one unit of vertical distance. No other criteria apply.
Commentary: The moderate and steep slope definitions in this section are mandated by State law (S.L. 2009-486) for sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control purposes. This steep slope definition differs from the steep slope definition under UDO Sec. 8.8, Steep Slope Protection Standards, which is otherwise applicable throughout the UDO.
b. Soil Stockpiles
Soil stockpiles shall be limited to the shorter of 30 feet above existing grade A land disturbing activity that modifies the contours of the land. or half the height of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. existing mature tree cover. Stockpiles shall be wrapped in two rows of silt fence, and groundcover shall be planted in accordance with this section. Stockpile slopes shall be 2:1 or flatter.
2. Completed Activity
For any area of land-disturbing activity where grading A land disturbing activity that modifies the contours of the land. activities have been completed, temporary or permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. shall be provided as soon as practicable, but in no case later than seven days after completion of grading A land disturbing activity that modifies the contours of the land..
C. Stabilization of Sedimentation and Erosion Control Devices
Whenever land-disturbing activity exceeds 12,000 square feet, the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the land-disturbing activity shall install such sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control devices and practices as are sufficient to retain the sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. generated by the land-disturbing activity within the boundaries of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. during construction upon and development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. of such tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit., and shall plant or otherwise provide a temporary ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. generated by such devices and practices within seven days.
D. Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, structures and devices shall be so planned, designed and constructed as to provide protection from the calculated maximum peak of runoff Water from precipitation that flows off a property. from the 25-year storm. Runoff Water from precipitation that flows off a property. rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or other calculation procedures acceptable to the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee.
E. Each sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap in the Suburban or Rural Tier shall have a minimum volume of 3,600 cubic feet per acre of disturbed area and a minimum surface area of 435 square feet per cfs of Q25 (25-year storm) peak inflow. Each sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap in the Downtown, Compact Neighborhood, or Urban Tier shall have a minimum volume of 1,800 cubic feet per acre of disturbed area and a minimum surface area of 325 square feet per cfs of Q25 peak inflow. A skimmer shall be used in each sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap. If the temporary sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap is to be converted to a permanent stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measure and the volume is greater than that of the temporary basin, the larger of the two shall be used, unless approved in writing by the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products..
F. Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins and traps shall be designed and constructed such that the basin will have a settling efficiency of at least 70% for the 40-micron (0.04mm) size soil particle transported into the basin by the runoff Water from precipitation that flows off a property. of that two-year storm that produces A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. the maximum peak rate of runoff Water from precipitation that flows off a property. as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. of the State or the United States or any generally recognized organization or association.
G. Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins and traps shall not be installed in perennial or intermittent streams A body of concentrated flowing water in a natural low area or natural channel on the land surface..
H. Existing ponds and lakes shall not be used as sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins or traps.
I. Developer Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. shall retain control of permitted area, including sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins or traps, until permit has been closed. For commercial sites, sold outparcels Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center. shall be permitted separately.
J. Newly constructed open channels 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 steeper slopes 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 The wearing away of land surface by the action of wind, water, gravity or any combination thereof..
K. Additional areas may be added per the criteria enumerated in this section only if the basin or trap is properly installed and maintained.
L. In high quality water HQW zones Areas in the coastal counties that are within 575 feet of high quality waters and, for the remainder of the state, areas that are within one mile and drain to HQWs.es, Lake Michie/Little River Critical Area (M/LR-A), Lake Michie/Little River Protected Area (M/LR-B), Falls/Jordan Critical Area (F/J-A), Eno River Critical Areas (E-A; E-A(2)), and Third Fork Creek Watershed All of the land area draining to a particular point on a water course or to a water body., uncovered The removal of ground cover from, on, or above the soil surface. areas shall be limited at any time to a maximum total area of 20 acres. In high quality water HQW zones Areas in the coastal counties that are within 575 feet of high quality waters and, for the remainder of the state, areas that are within one mile and drain to HQWs.es, only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas within HQW may be uncovered The removal of ground cover from, on, or above the soil surface. with the written approval of the Director of DEQ, Division of Energy, Mineral and Land Resources. Larger areas within all other zones may be uncovered The removal of ground cover from, on, or above the soil surface. with the written approval of the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products..
M. Triassic Soil Specific Requirements
Triassic soils do not respond as well to conventional erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures as listed within this ordinance and projects with underlying Triassic soils are thus subject to the following additional requirements:
1. Flocculants shall be used onsite in accordance with the requirements of Section 12.10.4N.
2. Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins and traps shall have a minimum volume of 5,400 cubic feet per acre of disturbed area and shall be designed so as to dewater in a minimum of 4 days.
3. Moderate and steep slopes shall be stabilized by either matting or hydroseeding in order to more rapidly provide groundcover.
N. Flocculants
Flocculants are chemicals that can cause fine particles to combine and settle in detained runoff Water from precipitation that flows off a property.. When used in conjunction with sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins or traps, they can reduce sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. in discharge leaving a site. The use of flocculants, where not required by Section 12.10.4M, is recommended in land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition.. When used, the following requirements apply:
1. A flocculant application plan shall be included on the erosion control plan A plan designed to control both erosion and sedimentation., including:
a. Type of Flocculant to be used including manufacturer and supplier;
b. Site-specific dosing systems;
c. Location(s) of flocculant application; and
d. Identification of the individual and/or position responsible for dosing and monitoring of flocculant usage.
2. Soil samples should be obtained from areas where flocculants will be used, and samples should be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. using jar tests with multiple flocculants to select the appropriate flocculant. Jar testing can be performed by the contractor Individuals or firms engaged in the construction of buildings, either residences or commercial structures, as well as activities such as paving, highway construction, and utility construction. or flocculant supplier.
3. Only flocculants listed on the NCDEQ website as an approved product for use in North Carolina shall be used.
4. Flocculant applied in solid form should be evaluated and re-applied if needed after every rainfall event that is equal to or exceeds 0.5 inches.
5. Flocculants shall not be applied directly to surface waters.
6. Flocculants shall be applied upstream of a sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin, trap, or other pooling device such as silt fence.
7. The use of flocculants does not alter the requirements for site stabilization. Sites should be stabilized as soon as possible using conventional methods to minimize the need to use flocculants.
Commentary: Additional information on the use of chemical treatment of construction site stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. can be found at: https://cals.ncsu.edu/crop-and-soil-sciences/extension/publications/ (scroll down from top to find Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin., and Turbidity Control section).
12.10.5. Permanent Downstream Protection of Stream Banks, Channels and Slopes
A. Intent
Stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. caused by increased velocity of runoff Water from precipitation that flows off a property. from the land-disturbing activity.
B. Performance Standard
The land-disturbing activity shall be planned and conducted such that the velocity of stormwater runoff The direct runoff of water resulting from precipitation in any form. in the receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity. at the point of discharge resulting from a 25-year storm after development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. shall not exceed the greater of:
1. The velocity specified according to the soil type in the following table, for a point of discharge into a receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity. with bare soil or rock banks or bed;
|
Materials |
Maximum Permissible Velocities |
||
|---|---|---|---|
|
Name |
Description |
FPS1 |
MPS2 |
|
Fine Sand (noncolloidal) |
Cecil fine sandy loam, Pinkston fine sandy loam |
2.5 |
0.8 |
|
Sand Loam (noncolloidal) |
Appling sandy loam, Creedmoor sandy loam, Helena sandy loam, Mayodan sandy loam, Wedowee sandy loam, Wilkes sandy loam, White shore sandy loam |
2.5 |
0.8 |
|
Silt Loam (noncolloidal) |
Georgeville silt loam, Herndon silt loam, Lignum silt loam, Roanoke silt loam |
3.0 |
0.9 |
|
Ordinary Firm Loam |
Iredell loam, Mecklenburg loam, Wahee loam, Davidson clay loam, White Store clay loam-eroded |
3.5 |
1.1 |
|
Fine Gravel |
|
5.0 |
1.5 |
|
Stiff Clay (very colloidal) |
Iredell-Urban land complex, White Store-Urban land complex, Mayodan-Urban land complex |
5.0 |
1.5 |
|
Graded |
Tatum gravelly silt loam, Nason stony silt loam, Goldston slaty (channery) silt loam |
5.0 |
1.5 |
|
Graded |
|
5.5 |
1.7 |
|
Alluvial Silts (noncolloidal) |
Wehadkee silt loam, Congaree silt loam, Chewacla silt loam, Cartecay silt loam |
3.5 |
1.1 |
|
Alluvial Silts (colloidal) |
|
5.0 |
1.5 |
|
Coarse Gravel (noncolloidal) |
|
6.0 |
1.8 |
|
Cobbles and shingles |
|
5.5 |
1.7 |
|
Shales and Hard Pans |
|
6.0 |
1.8 |
|
1 FPS: Feet per second 2 MPS: Meters per second |
|||
2. The velocity specified according to the type of vegetation and depth of flow in the following table, for a point of discharge into a vegetated receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity.; or
|
Vegetatively Protected Watercourses |
|||
|---|---|---|---|
|
Group No. |
Vegetation |
Depth of |
Maximum Permissible Velocity |
|
1 |
Bermudagrass |
up to 1 greater than 1 |
4 6 |
|
2 |
Reed canarygrass; Kentucky bluegrass |
up to 1 greater than 1 |
3 6 |
|
3 |
Grass and legumes, mixed; Weeping lovegrass |
up to 1 greater than 1 |
3 4 |
|
4 |
Annuals: Annual lespedeza (KOBE); Sudangrass Small grain: (Rye, Oats, barley); Ryegrass |
up to 1 greater than 1 |
2.5 2.5 |
|
Notes Do not use vegetative protection on longitudinal parallel to flow slopes steeper than 10% except for side slopes. Annuals: use only as temporary protection until permanent cover is established. |
|||
3. The velocity in the receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity. determined for the ten-year storm The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest, under average antecedent wetness conditions. prior to development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land..
C. If the conditions enumerated in paragraph B, Performance Standard, of this subsection cannot be met, the channel below the discharge point That point at which runoff leaves a tract of land. shall be designed and constructed to withstand the expected velocity.
D. Slope Protection
When soils with slopes as indicated in the following table, occur between a point of stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge and the next confluence of concentrated stormwater runoff The direct runoff of water resulting from precipitation in any form., such areas, on- or off-site, shall be protected from accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. by diverting the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge from those soil surfaces. Diversion may include the provision of piped, paved or armored storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area..
|
Critical Soils of Durham County |
||
|---|---|---|
|
ApC |
Appling sandy loam |
6-10% slopes |
|
CfC |
Cecil fine sandy loam |
6-10% slopes |
|
CrC |
Creedmoor sandy loam |
6-10% slopes |
|
DaD |
Davidson clay loam |
6-10% slopes |
|
GeC |
Georgeville silt loam |
6-10% slopes |
|
GeD |
Georgeville silt loam |
10-15% slopes |
|
GIE |
Goldston slaty silt loam |
10-25% slopes |
|
GIF |
Goldston slaty silt loam |
25-45% slopes |
|
GrC |
Granville sandy loam |
6-10% slopes |
|
Gu |
Gullied land |
Clayey materials |
|
HeC |
Helena sandy loam |
6-10% slopes |
|
HrC |
Herndon silt loam |
6-10% slopes |
|
HsC |
Herndon stony silt loam |
2-10% slopes |
|
IrC |
Iredell loam |
6-10% slopes |
|
IyC |
Iredell-Urban land complex |
6-10% slopes |
|
MfC |
Mayodan sandy loam |
6-10% slopes |
|
MfD |
Mayodan sandy loam |
10-15% slopes |
|
MfE |
Mayodan sandy loam |
15-25% slopes |
|
MrC |
Mayodan-Urban land complex |
0-10% slopes |
|
MrD |
Mayodan-Urban land complex |
10-15% slopes |
|
MuC |
Mecklenburg loam |
6-10% slopes |
|
NaD |
Nason silt loam |
10-15% slopes |
|
NaE |
Nason silt loam |
15-25% slopes |
|
NoD |
Nason stony silt loam |
10-15% slopes |
|
PfC |
Pinkston fine sandy loam |
2-10% slopes |
|
PfE |
Pinkston fine sandy loam |
10-25% slopes |
|
TaE |
Tatum gravelly silt loam |
15-25% slopes |
|
Ur |
Urban land |
|
|
WmD |
Wedowee sandy loam |
10-25% slopes |
|
WmE |
Wedowee sandy loam |
15-25% slopes |
|
WsC |
White Store sandy loam |
6-10% slopes |
|
WsE |
White Store sandy loam |
10-25% slopes |
|
WvC2 |
White Store clay loam |
2-10 % slopes, eroded |
|
WvE2 |
White Store clay loam |
10-25% slopes, eroded |
|
WwC |
White Store-Urban land complex |
0-10% slopes |
|
WwE |
White Store-Urban land complex |
10-25% slopes |
|
WxE |
Wilkes sandy loam |
10-25% slopes |
E. 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 State Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Commission recognizes that the management of stormwater runoff The direct runoff of water resulting from precipitation in any form. to minimize or control downstream channel and bank erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. is a developing Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. successful results. Some alternatives are to:
1. Avoid increases in surface runoff Water from precipitation that flows off a property. volume and velocity by including measures to promote infiltration to compensate for increased runoff Water from precipitation that flows off a property. from areas rendered impervious;
2. Avoid increases in stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections;
3. Provide energy dissipaters A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. at outlets of storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area. to reduce flow velocities at the point of discharge. These may range from simple rip-rapped sections to complex structures; and
4. Protect watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. subject to accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. by improving cross sections and/or providing erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof.-resistant lining.
F. Exceptions
This section shall not apply where it can be demonstrated, to the satisfaction of the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee that stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge velocities will not create an erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. problem in the receiving watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur..
12.10.6. Borrow and Waste Areas
When the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the land-disturbing activity is also the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the borrow Fill material which is required for on-site construction and is obtained from other locations. or waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. activity, areas from which borrow Fill material which is required for on-site construction and is obtained from other locations. is obtained and which are not regulated by the provisions of the Mining The development or extraction of a mineral from its natural occurrences on affected land. Act of 1971, and waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. areas for surplus materials other than landfills regulated by the State Department of Environmental Quality’s Division of Solid Waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. Management, shall be considered as part of the land-disturbing activity where the borrow Fill material which is required for on-site construction and is obtained from other locations. material is being used or from which the waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. material originated. When the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the land-disturbing activity is not the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. obtaining the borrow Fill material which is required for on-site construction and is obtained from other locations. and/or disposing of the waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations., these areas shall be considered a separate land-disturbing activity. The name and location of any borrow Fill material which is required for on-site construction and is obtained from other locations. and/or waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. areas shall be provided to the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. upon request.
12.10.7. Access and Haul Roads
Temporary access and haul roads See “Street, Public” and “Street, Private.”, other than public roads See “Street, Public” and “Street, Private.”, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity.
12.10.8. Operations in Lakes or Natural Watercourses
Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. shall minimize the extent and duration of disruption of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. channel. Where relocation of a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. flow characteristics.
12.10.9. Responsibility for Maintenance
During the development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land. of a site, the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures as required by the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it (the Act), this section, rules or orders adopted or issued pursuant to this section or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation.. After site development Pursuant to NCGS 160D-102, any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
b. The excavation, grading, filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land., the land owner Any person having charge of any real property according to the records held by the Register of Deeds. or person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. in possession or control of the land shall install and/or maintain all necessary permanent erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, except those measures installed within a road See “Street, Public” and “Street, Private.” or street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. accepted for maintenance by a governmental agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..
12.10.10. Self-Inspections
Where inspections are required by paragraph 3.8.6, Self-Inspections, the following apply:
A. The person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who performs the inspection shall make a record of the site inspection by documenting the following items:
1. All of the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, practices and devices, as called for in a construction sequence consistent with the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan, including but not limited to sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control basins, sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. traps, sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. ponds, rock dams, temporary diversions, temporary slope drains, rock check dams, sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. fence or barriers, all forms of inlet protection, storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area., energy dissipaters A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow., and stabilization methods of open channels, have initially been installed and do not significantly deviate (as defined in paragraph 12.10.10A.5) from the locations, dimensions and relative elevations shown on the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. plan. Such documentation shall be accomplished by initialing and dating each measure or practice shown on a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report that lists each measure, practice or device shown on the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan. This documentation is required only upon the initial installation of the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, practices and devices as set forth by the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or if the measures, practices and devices are modified after initial installation;
2. The completion of any phase of grading One of two types of grading, rough or fine. for all graded A land disturbing activity that modifies the contours of the land. slopes and fills shown on the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan, specifically noting the location and condition of the graded A land disturbing activity that modifies the contours of the land. slopes and fills. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report;
3. The location of temporary or permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., and that the installation of the ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. does not significantly deviate (as defined in paragraph 12.10.10A.5) from the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report;
4. That maintenance and repair requirements for all temporary and permanent erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, practices and devices have been performed. Such documentation shall be accomplished by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report (the general stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. permit monitoring form may be used to verify the maintenance and repair requirements); and
5. Any significant deviations from the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan, corrective actions required to correct the deviation and completion of the corrective actions. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report. A significant deviation means an omission, alteration or relocation of an erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measure that prevents the measure from performing as intended.
B. The documentation, whether on a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or an inspection report, shall include the name, address, affiliation, telephone number, and signature of the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the inspection and the date of the inspection. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan shall occur on a single copy of the plan and that plan shall be made available on the site. Any inspection reports shall also be made available on the site.
C. The inspection shall be performed during or after each of the following phases of a plan:
1. Installation of perimeter erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures;
2. Clearing and grubbing of existing ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.;
3. Completion of any phase of grading One of two types of grading, rough or fine. of slopes or fills that requires provision of temporary or permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. pursuant to NCGS § 113A-57(2);
6. Quarterly until the establishment of permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or until the financially responsible party has conveyed ownership or control of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land for which the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan has been approved and the agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. that approved the plan has been notified. If the financially responsible party has conveyed ownership or control of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land for which the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan has been approved, the new owner Any person having charge of any real property according to the records held by the Register of Deeds. or person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. in control shall conduct and document inspections quarterly until the establishment of permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof..
12.10.11. Additional Measures
Whenever the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., or designee, determines that significant sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. conducting the land-disturbing activity will be required to and shall take the additional protective action directed.
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LAST AMENDED: Durham County: September 1, 2024 | City of Durham: September 1, 2024 |