Orange County NC Website
Section 18 Erosion and Sedimentation Control Plans <br /> a. Plan Re uirement <br /> An Erosion Control Plan shall be prepared for all land-disturbing activities subject to this Ordinance <br /> whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet, <br /> if more than 20,000 square feet are to be uncovered. Three 3 co ies of the Plan shall be filed with <br /> the Erosion Control Officer—as one of wh'ch will be forwarded to the Orange Soil and Water <br /> Conservation District, at least 30 days prior to the commencement of the proposed activity. <br /> COMMENTARY.• This revision is made to specify the number of copies of the proposed erosion control plan <br /> to be submitted and their distribution for review (proposed by the staff. <br /> c. Review and Resl2onse to Plans <br /> The Erosion Control Officer will review each complete plan submitted and within 30 days of receipt <br /> thereof will notify the person submitting the plan that it has been approved, approved with modifications, <br /> approved with conditions approved with performance reservations, or disapproved. Examples of <br /> conditions of a val are but not limited to: c annel stabilizatio Wt be successful or another tyRe <br /> of lining must be used, delineating certain areas to be graded and stabilized within a swified number <br /> of days to reduce the g„gtential for erosion and protect critical areas: providing a performance securi�X <br /> to provide permanent ground cover:and requiring the person financially responsible to retain the services <br /> of a professional engineer or architect to supervise implementation of the approved erosion_control_plan. <br /> COMMENTARY- Adding "complete"is required by the State to emphasize that only complete plans will be <br /> reviewed.Staff proposes adding "approvedwith conditions."This allows attachment of conditions to the plan that <br /> are considered essential to its success by the Division staff. The examples given are typical conditions that would <br /> be,imposed. Amendment of Section 19 (a) (1) allows the applicant to appeal conditions of approval. <br /> e. Plan Amendments <br /> Application for amendment of an erosion control plan in written and/or graphic form may be made at <br /> any time under the same conditions as the original application. Until such time as said amendment is <br /> approved by the Erosion Control Officer, the land-disturbing activities shall not proceed except in <br /> accordance with the erosion control plan as originally approved. Approving the plan. if the Erosion <br /> Control Officer, either upon review of such plan or on inspection of the job site, <br /> determines that a significant risk of accelerated erosion or off-site sedimentation exists, revisions to the <br /> plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue <br /> under conditions outlined by the Erosion Control Officer. <br /> COAGWENMY.• These words are added so that the local ordinance conforms with the text of the State's <br /> Model Ordinance. <br /> f. Statement of Ownership and Financial Res onsibil' <br /> Erosion Control Plans shall be MU be disapproved unless accompanied by an authorized Statement of <br /> Ownership and Financial Responsibility. This statement shall be signed by the person financially <br /> responsible for the land-disturbing activity or his/her attorney-in-fact. The statement shall include the <br /> mailing and street addresses of the principal place of business of the person financially responsible and <br /> of the owner of the land or their registered agents. If not a resident of North Carolina, the applicant <br /> must designate a North Carolina agent and include that agent's name and address in the Statement for <br /> the purpose of receiving notice of compliance or noncompliance with the plan the Ac-.t,or this Ordinance <br /> or rules or orders adopted or issued pursuant to this Ordinance. <br /> COMMEWARK This change allows disapproval of the Plan if the Statement is not received. The text has been <br /> changed to conform to the State's Model Ordinance. <br /> 7 1-15-91 <br />