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. . <br /> . . <br /> 2 <br /> This ordinance is adopted for the purposes of: <br /> (1) Regulating the clearing, grading, excavation, filling and <br /> manipulation of the earth and the moving and storing of waters in order to: <br /> control and prevent accelerated soil erosion and sedimentation, prevent the <br /> pollution of water, prevent damage to public and private property, maintain <br /> the balance of nature, prevent the obstruction of natural and artificial <br /> drainageways, inhibit flooding and reduce the undermining of roads and other <br /> transportation facilities. <br /> NOTE: The underlined portions of the paragraph above will be added to the <br /> Ordinance. <br /> SECTION 3 <br /> Section 3 Definitions <br /> Act - means the North Carolina Sedimentation Pollution Control Act <br /> of 1973 and all rules and orders adopted pursuant to it. <br /> NOTE: This definition will be added to the Ordinance. <br /> Person Responsible for the Violation - as used in this Ordinance <br /> means: <br /> (a) the developer or other person who has or holds <br /> himself/herself out as having financial or operational control over the land <br /> disturbing activity; and /or <br /> (b) the landowner or person in possession or control of the land <br /> when he/she has directly or indirectly allowed the land-disturbing activity or <br /> has benefited from it or he/she has failed to comply with any provision of <br /> this Ordinance, the Act, or any order adopted pursuant to this Ordinance or <br /> the Act as imposes a duty upon him/her. <br /> NOTE: This definition will be added to the Ordinance. • <br /> Person Conducting Land-disturbing Activity - means any person who <br /> may be held responsible for a violation unless expressly provided otherwise by <br /> this Ordinance, the Act, or any order adopted pursuant to this Ordinance or <br /> the Act. <br /> NOTE: This definition will be substituted for the definition <br /> of Person Conducting the land-disturbing Activity in <br /> the Ordinance. <br /> Siltation - means sediment resulting from accelerated erosion which is <br /> settleable or removable by properly designed, constructed, and maintained <br /> control measures; and which has been transported from its point of origin <br /> within the site of a land-disturbing activity; and which has been deposited, <br /> or is in suspension in water. <br /> NOTE: This definition will be added to the Ordinance. <br /> Sedimentation - means the process by which sediment resulting from <br /> accelerated erosion has been or is being transported off the site of the land <br /> disturbing activity or into a lake or natural watercourse.. <br /> NOTE: This definition will be substituted for the definition of <br /> sedimentation in the Ordinance. <br /> Working Days - means days exclusive of Saturday and Sunday during which <br /> weather conditions or soil conditions permit land-disturbing activity to be <br /> undertaken. <br /> NOTE: The word "days" has been added along with the phase or soil <br /> conditions" to this definition. <br /> NOTE: The letter designation before each definition in the Ordinance will <br /> be deleted and the entire section reorganized with the terms listed in <br /> alphabetical order. <br /> SmeTION 4 <br /> Section 4 Scope and Effect <br /> Whenever conflicts exist between federal, state or local laws, <br /> ordinances, or rules, the more restrictive provision shall apply. <br /> NOTE: <br /> Note this paragraph will be added at the end of Section 4. <br /> SECTION 8 <br /> Section 8 Mandatory Standards for Land-disturbing Activity <br />