Sedimentation and Erosion Control

Sec. 3.8. Sedimentation and Erosion Control

3.8.1. Applicability

A. If required under Sec. 12.10, Sedimentation and Erosion Control, 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. and/or a land-disturbing permit shall be obtained before commencing land-disturbing activity.

B. Pursuant to Sec. 113A-57(4) of 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, 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 initiate any land-disturbing activity that will disturb more than one acre or requires 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. under Sec. 12.10 unless, 30 or more days prior to initiating the activity, an 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 for the activity is filed with and approved by the County 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 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..

3.8.2. Application Requirements

A. Erosion and Sedimentation Control Plan

1. 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 filed with the County 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 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. by either hard copy or digitally. A digital copy of approved construction drawings and approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., where applicable, shall also be provided upon their approval.

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 contain site drawings, vicinity maps, assumptions, calculations, narrative statements, and a construction sequence as needed to adequately describe the proposed 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. and the measures proposed to comply with the requirements of this Article.

3. 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 prepared by, and bear the seal and signature of, a registered professional engineer, registered landscape architect, registered architect, registered land surveyor, or certified professional in 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. The County 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, however, deem such a seal and signature not necessary due to site simplicity (as the absence of sensitive geographical features and 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.) and the limited nature 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 measures required. In the case of a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. lot in a common plan of 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. where the 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. and builder are different, such a seal and signature is not required unless there is a design feature requiring such under federal or State law or regulation.

4. The approval of 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. is conditioned on the applicant’s compliance with Federal, State and local water quality laws, regulations, and rules.

5. 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. shall be kept on file at the job site.

B. Land-Disturbing Permit

1. A land-disturbing permit may be obtained by submitting the following:

a. Applicable fee;

b. Verification of an approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or written approval issued by the Durham City-County Planning Department;

c. Completed Durham County Financial Responsibility/Ownership Form With Landowner Consent Form (FRO);

d. 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., if required;

e. Improvement security, if required;

f. Certification that tree protection fencing has been installed, if required; and

g. Approval of the proposed project by the City or County as applicable.

2. No permit shall be issued until such time as 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 is assured that the proposed land-disturbing activity will be carried out in accordance with this section and Sec. 12.10, Sedimentation and Erosion Control, and the 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., if required. A land-disturbing permit application may be disapproved for the same reasons that 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. may be disapproved, as set forth in paragraph 3.8.7, Disapproval of Plan, of this Ordinance.

3. 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 shall require security to assure performance of the conditions of the permit whenever a land-disturbing activity is in excess of five acres or whenever the 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 the activity may result in significant off-site damage. The applicant shall file with the 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 an improvement security in the form of a performance bond or letter of credit. The amount shall be that which the 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 deems sufficient to cover all costs of protection or other improvements required for conformity with standards specified in this section and Sec. 12.10, Sedimentation and Erosion Control. The security may be adjusted or released as the amount of disturbed area changes. The security shall be released when the 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 has certified that all of the requirements of such sections have been met. Forfeiture of the improvement security shall not release 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 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. of their obligation to install and maintain necessary erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures, to stabilize the site, or any other obligation of this section or Sec. 12.10, 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, or any rule or order promulgated in furtherance thereof.

4. Prior to initiating land-disturbing activity, the permitee shall notify 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 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. of the date that such activity will begin.

5. A land-disturbing permit issued shall be prominently displayed at the job site until all construction is completed, all permanent 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 measures are removed, and the site has been stabilized as required.

3.8.3. Fees

The fees charged for the administration and enforcement of this Article shall be as prescribed by the Board of Commissioners.

1. Is conducting or has conducted land-disturbing activity without an approved plan;

2. Has received notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of a plan previously approved 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. Control Commission or a local government pursuant to 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) or local ordinance adopted pursuant to the Act, and has not or had not complied with the notice within the time specified in the notice;

3. Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due; or

4. Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act.

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

C. Any 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. engaged in land-disturbing activity who fails to file a plan in accordance with this Article, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan, shall be deemed in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Article.

3.8.8. Amendment of Plan

Applications for amendment of an erosion control plan A plan designed to control both erosion and sedimentation. in written and/or graphic form may be made at any time under the same conditions as described in this section for a new application. Until such time as such amendment is approved 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, the land-disturbing activity shall not proceed except in accordance with the erosion control plan A plan designed to control both erosion and sedimentation. as originally approved.

3.8.9. Appeals

A. Except as provided in paragraph B. of this subsection, the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of a disapproval or approval with modifications of a plan shall be governed by the following provisions:

1. The disapproval or modification of any proposed erosion control plan A plan designed to control both erosion and sedimentation. or the refusal to issue a land-disturbing permit 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 shall entitle 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. submitting the plan, or applying for the permit, to a hearing if such 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. submits written demand to the Clerk to the Board of Commissioners for a hearing within 15 days after receipt of written notice of disapproval or modifications. The written demand must specify, with particularity, the factual and/or legal basis for the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision.. No grounds, other than those so specified, may be argued;

2. Hearings held pursuant to this section shall be conducted by the Board of Commissioners within 15 days after the date of the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. or request for a hearing, or at the next regularly scheduled meeting, whichever is later; and

3. If the Board of Commissioners upholds the disapproval or modification of a proposed erosion control plan A plan designed to control both erosion and sedimentation. or refusal to issue a permit following the public hearing, 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. submitting the plan or permit application shall then be entitled to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the Board of Commissioners’ decision to 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 as provided in NCGS § 113A-61(c) and Title 15 NCAC 4B.0018(d).

B. Appeals

In the event that an erosion control plan A plan designed to control both erosion and sedimentation. is disapproved pursuant to paragraph 3.8.7, Disapproval of Plan, the County 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 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. shall notify the Director of the Division of Energy, Mineral, and Land Resources (within the North Carolina Department of Environmental Quality [DEQ]) of such disapproval within ten days. The 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. shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the 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.’s disapproval of the plan pursuant to paragraph 3.8.7, Disapproval of Plan, directly to 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.

3.8.10. Expiration

A. A land-disturbing permit shall expire at the end of:

1. One year from the date of issuance if no land-disturbing activity has been 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. in that period. No land-disturbing activity may take place following expiration until 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. responsible has applied for, and received, a new land-disturbing permit. The fee for the new permit shall be 100% of the current applicable fee; or

2. A two-year period, unless it is extended 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 upon written request of the permit holder. The request for extension shall include reasons for incompletion of the work. After review of the original plan and an on-site inspection of the completed work, the permit may be extended effective for a period not to exceed six months from the date of expiration of the original permit. The fee for the extended permit shall be 25% of the current applicable fee. If work cannot be completed and the site permanently stabilized prior to expiration of the permit extension, then a new land-disturbing permit must be applied for and obtained as described in this section.

B. 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. for which no permit has been issued shall expire one year from the approval date. If a plan has been disapproved, a revised plan must be submitted within one year from the disapproval date or the file will be closed.

3.8.11. Transfer of Permits

Land disturbance permits may be transferred from one financially responsible party to another within the permit term. Transfer of a permit does not extend the permit term.

A. All Permit Transfers

1. In order to transfer a land disturbance permit from one financially responsible party to another, the following documents must be submitted under the name of the new financially responsible party:

a. Completed Durham County Financial Responsibility/Ownership Form with Landowner Consent Form (FRO);

b. Improvement security, if required.

2. Transfer of permit shall include entirety of original permitted area, 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..

B. Single Family Lots:

For land-disturbing activities on a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential lot involving new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. with land disturbance of less than one acre where the builder or 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. is the owner Any person having charge of any real property according to the records held by the Register of Deeds. of the lot 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. and 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. financially responsible for the land-disturbing activity, the financial responsibility for land-disturbing activity on that lot transfers to the new owner Any person having charge of any real property according to the records held by the Register of Deeds. upon the builder's or 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.'s conveyance of the lot to the new owner Any person having charge of any real property according to the records held by the Register of Deeds., recording of the deed in the 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. of the register of deeds, and notification 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..