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Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-69 2.19.10 Erosion Control Plan Expiration (A) An approved Erosion Control Plan shall become null and void after 18 months from the date of approval land disturbing activities are not commenced in accordance with the provisions of this subsection. (B) Once a land disturbing activities have commenced, an approved Erosion Control Plan shall be valid for 5 years from the commencement of earth disturbing activities. (C) For the purpose of this subsection, the commencement of earth disturbing activities is considered to have commenced when a land disturbance permit has been issued, the pre-construction conference has been held, the necessary erosion control practices have been properly installed, and actual disturbance activities have commenced. 2.19.102.19.11 Erosion Control Plan Amendments (A) Application for amendment of an Erosion Control Plan in written and/or graphic form may be made at any time under the same conditions as the original application. (B) Until such time as said amendment is approved by the Erosion Control Officer, the land- disturbing activities shall not proceed except in accordance with the Erosion Control Plan as originally approved. (C) The provisions of subsection 2.19.7 (B) and (C) shall also apply to amended Erosion Control Plans. 2.19.112.19.12 Consideration of Applicant’s Past Performance (A) The Erosion Control Officer may disapprove an Erosion Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted land-disturbing activity without an approved Erosion Control Plan, or has received notice of violation of an Erosion Control Plan previously approved by the North Carolina Sedimentation Control Commission or a local government pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 or a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by the time the payment is due; (3) 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 North Carolina Sedimentation Pollution Control Act of 1973; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973. (B) For purposes of this subsection (2.19.11) an applicant's record may be considered for only the two years prior to the application date. (C) The Erosion Control Officer shall notify the applicant and the State’s Director of the Division of Land Resources of a disapproval issued under the provisions of this subsection within 10 days. The notification shall be in writing and shall include the specific reasons the Erosion Control Plan was disapproved. 2.19.122.19.13 Erosion Control Plan Available of 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. Formatte Formatte Formatte Formatte Formatte Formatte 9