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2015-116 Planning - NC Sedimentation Control Commission MOA for erosion control ordinance development
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2015-116 Planning - NC Sedimentation Control Commission MOA for erosion control ordinance development
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7/16/2015 10:28:43 AM
Creation date
1/28/2019 2:25:24 PM
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BOCC
Date
1/27/2015
Meeting Type
Work Session
Document Type
Agreement
Agenda Item
Chair signed
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Appendix I. <br /> NORTH CAROLINA GENERAL STATUTES <br /> Sedimentation Pollution Control Act(Ch. 113A Art.4) <br /> (selected statutes) <br /> §113A-54.Powers and duties of the Commission. and sedimentation control program to be <br /> (d) In implementing the erosion and sedimentation administered by it,if the program has been approved <br /> control program,the Commission shall: by the Commission as being in conformity with the <br /> (1) Assist and encourage local governments in general State program. <br /> developing erosion and sedimentation control (c) The Commission shall have concurrent jurisdiction <br /> programs and, as a part of this assistance, the with local governments that administer a delegated <br /> Commission shall develop a model local erosion erosion and sedimentation control program over all <br /> and sedimentation control ordinance. The other land-disturbing activities. In addition to the <br /> Commission shall approve, approve as authority granted to the Commission in G.S. 113A- <br /> modified, or disapprove local programs 60(c), the Commission has the following authority <br /> submitted to it pursuant to G.S. 113A-60. with respect to a delegated erosion and <br /> sedimentation control program: <br /> § 113A-56.Jurisdiction of the.Commission. (1) To review erosion and sedimentation control <br /> (a) The Commission shall have jurisdiction, to the plan approvals made by a delegated erosion and <br /> exclusion of local governments, to adopt rules sedimentation control program and to require a <br /> concerning land-disturbing activities that are: revised plan if the commission determines that a <br /> (1)Conducted by the State. plan does not comply with the requirements of <br /> this Article or the rules adopted pursuant to this <br /> (2)Conducted by the United States. Article. <br /> (3) Conducted by persons having the power of (2) To review the compliance activities of a <br /> eminent domain other than a local government. delegated erosion and sedimentation control <br /> (4)Conducted by a local government. program and to take appropriate compliance <br /> (5) Funded in whole or in part by the State or the action if the Commission determines that the <br /> United States. local government has failed to take appropriate <br /> compliance action. <br /> (b) The Commission may delegate the jurisdiction <br /> conferred by G.S. 113A-56(a),in whole or in part,to <br /> any other State agency that has submitted an erosion <br />
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