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2012-445 Planning - Memorandum of Agreement between the NC Sedimentation Control Commission and Orange County
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2012-445 Planning - Memorandum of Agreement between the NC Sedimentation Control Commission and Orange County
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Last modified
1/23/2019 10:42:16 AM
Creation date
8/26/2013 12:19:18 PM
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BOCC
Date
9/6/2012
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5-j
Document Relationships
Agenda - 09-06-2012 - 5j
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\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 09-06-2012 - Regular Mtg.
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4. Include in written notifications of plan approval the following: <br /> a. reference to NPDES General Stormwater Permit NCG 010000, <br /> b. expiration date of the approval, <br /> c. the right of periodic inspection, and <br /> d. condition the approval upon the applicant's compliance with federal <br /> and State water quality laws, regulations and rules. <br /> 5. Enclose with all written permit notifications the following <br /> a. NPDES General Stormwater Permit NCG 010000, and <br /> b. Certificate of Approval for posting at'the site of the land-disturbing <br /> activity. <br /> D. Inspection <br /> The Parties agree that the local government shall inspect all sites undergoing land-disturbing <br /> activity under the following standards: <br /> a. Periodically and regularly inspect sites undergoing land-disturbing <br /> activity within its jurisdiction. Periodically and regularly means with <br /> sufficient frequency to effectively monitor compliance with the SPCA <br /> and rules adopted pursuant to the SPCA and the local erosion and <br /> sedimentation control ordinance. <br /> 2. Document all inspections in writing, including electronic documents. <br /> 3. Inspection reports shall include, at a minimum, all information in the model <br /> sedimentation inspection report developed by the Commission. <br /> 4. Maintain inspection records for active projects in accordance with State and local <br /> record retention policies. <br /> E. Enforcement <br /> The Parties agree that the local government shall enforce its local program ordinance under the <br /> following standards: <br /> 1. Issue Notices of Violation (hereinafter, "NOV") for any significant violation of the <br /> SPCA, rules adopted pursuant to the SPCA, or the local erosion and sedimentation <br /> control ordinance documented in an inspection report. An NOV shall be issued to the <br /> persons responsible for the violations,pursuant to N.C. Gen. Stat. § 113A-61.1. <br /> 2. The NOV shall specify the following: <br /> a. describe the violation with reasonable particularity <br /> b. request that all illegal activity cease <br /> c. the actions that need to be taken to comply,with the SPCA and the local ordinance <br /> d. a date by which the person must comply with the SPCA and the local ordinance <br /> e. inform the violator that any person who fails to comply within the time specified <br /> is subject to additional civil and criminal penalties for a continuing violation as <br /> provided in G.S. 113A-64 and the local ordinance <br /> -4- <br />
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