ORD-2007-217 -Amendents to the Soil Erosion and Sedimentation Control Ordinance

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Orange County SE & SC Ordinance October 23 2007 of compliance or non - compliance with the plan, the Act, this Ordinance or rules or orders adopted or issued pursuant to this Ordinance. If the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land - disturbing activity. G. Review of Other Environmental Documents Any plan submitted for a land- disturbing activity for which an environmental document (either an assessment or impact statement) is required by the North Carolina Environmental Policy Act (G. S. 113A -1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The County shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to Section 18(C) of this Ordinance shall not begin until a complete environmental document is available for review. The approval of the Erosion Control Plan is conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations, and rules. H. Consideration of Applicants Past Performance Orange County may disapprove an Erosion Control Plan upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: • 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; • 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; • Has been convicted of a misdemeanor pursuant to G. S. 113A -64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or • Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this subsection (H) an applicant's record may be considered for only the two years prior to the application date. I. Erosion Control Plan Available on Site A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. J. 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. K. Preconstruction Conference When deemed necessary by the approving authority a preconstruction conference may be required. c]