§ 18-52. Erosion and sedimentation control plans.

(a)

Plan submission. An erosion and sedimentation control plan shall be prepared for all land-disturbing activities subject to this chapter whenever the proposed activity will disturb more than one (1) acre on a tract. Two (2) copies of the plan shall be filed with Rowan County, and a copy shall be simultaneously submitted to the Rowan Soil and Water Conservation District, at least thirty (30) days prior to commencement of the proposed activity. A copy of the plan shall be kept on file at the job site.

(b)

Required revisions. After approving the plan, if Rowan County, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, Rowan County shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. If, following commencement of a land-disturbing activity pursuant to an approved plan, Rowan County determines that the plan is inadequate to meet the requirements of this chapter, Rowan County may require such revisions as are necessary to comply with this chapter.

(c)

Retention of consultant. Rowan County may elect to retain a consultant or professional services to review an erosion control plan and provide a determination(s) or recommendation(s) as to whether the plan complies with the standards of this chapter and applicable state and federal rules and regulations. Rowan County shall require any consultant(s) to disclose any potential conflicts of interest and to hold confidential any proprietary information supplied by the applicant.

(d)

Financial responsibility and ownership. Erosion and sedimentation control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of:

(1)

The person financially responsible;

(2)

The owner of the land; and

(3)

Any registered agents.

If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this chapter or rules or orders adopted or issued pursuant to this chapter. If the applicant is not the owner of the land to be disturbed, the erosion and sedimentation control plan must include the owner's written consent for the applicant to submit an erosion and sedimentation control plan and to conduct the anticipated land-disturbing activity.

(e)

Soil and water conservation district comments. The district shall review the plan and submit any comments and recommendations to Rowan County within twenty (20) days after the district received the plan, or within any shorter period of time as may be agreed upon by the district and Rowan County. Failure of the district to submit its comments and recommendations within twenty (20) days or within any agreed-upon shorter period of time shall not delay final action on the plan.

(f)

Timeline for decisions on plans. Rowan County will review each complete plan submitted to it and within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations or disapproved. Failure to approve, approve with modifications or disapprove a complete erosion and sedimentation control plan within thirty (30) days of receipt shall be deemed approval. Rowan County will review each revised plan submitted to them and within fifteen (15) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a revised plan within fifteen (15) days of receipt shall be deemed approval.

(g)

Environmental Policy Act document. Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A-1 et seq.) shall be deemed incomplete until a complete environmental document is available for review. Rowan County shall promptly notify the person submitting the plan that the 30-day time limit for review of the plan pursuant to this chapter shall not begin until a complete environmental document is available for review.

(h)

Content. The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this chapter. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the Rowan County Planning Department on request.

(i)

Approval. Rowan County shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control. Approval assumes the applicant's compliance with the federal and state water quality laws, regulations and rules. Rowan County shall condition approval of plans upon the applicant's compliance with federal and state water quality laws, regulations and rules.

(j)

Resubmittal required. If following the approval of an erosion and sedimentation control plan, land-disturbing activity does not commence for a period of one (1) year from approval date, a resubmittal of plan and fees will be required.

(k)

Disapproval for content. Rowan County shall disapprove a plan or draft plan based on its content. Disapproval of a plan must specifically state in writing the reasons for disapproval.

(l)

Other disapprovals. Rowan County may disapprove a plan or draft plans if implementation of the plan would result in a violation of the rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. An erosion control plan may be disapproved upon a finding that an applicant, or any parent, subsidiary, or other affiliate of the applicant:

(1)

Is conducting or has conducted land-disturbing activity without an approved plan or has received notice of violation of a plan previously approved by the commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice;

(2)

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

(3)

Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act;

(4)

Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act; or

(5)

Has failed to obtain the necessary zoning or subdivision approvals from the county, NCDOT or municipality having jurisdiction.

For purposes of this subsection, an applicant's record may be considered for only the two (2) years prior to the application date.

In the event that a plan is disapproved pursuant to this subsection, the Rowan County Planning Department shall notify the director of such disapproval within ten (10) days. The Rowan County Planning Department shall advise the applicant and the director in writing as to the specific reasons that the plan was disapproved.

(m)

Notice of activity initiation. No person may initiate a land-disturbing activity before notifying the agency that issued the plan approval of the date that land-disturbing activity will begin.

(n)

Preconstruction conference. When deemed necessary by the approving authority, a preconstruction conference may be required.

(o)

Display of plan approval. A plan approval issued under this article shall be prominently displayed until all construction is complete, all permanent sedimentation and erosion control measures are installed and the site has been stabilized. A copy of the approved plan shall be kept on file at the job site.

(p)

Amendment to a plan. Applications for amendment of an erosion and sedimentation control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as the amendment is approved by Rowan County, the land-disturbing activity shall not proceed except in accordance with the erosion and sedimentation control plan as originally approved.

(q)

Failure to file a plan. Any person engaged in land-disturbing activity who fails to file a plan in accordance with this chapter or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this chapter.

(r)

The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall be in addition to inspections required by G.S. 113A-61.1.

(Amend. of 7-7-08)

State law reference

Similar provisions, G.S. 113A-61.