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Article 10 Erosion and Sedimentation Control

10-30 Erosion and Sedimentation Control Plan and Land Disturbance Permit

Wake County Unified Development Code

10-20

(b)

if the financially responsible party is not a resident of Wake County, a resident

Wake County agent must be designated for the purpose of receiving notices of

compliance or non-compliance with the erosion and sedimentation control

plan, this article, the North Carolina Sedimentation Pollution Control Act or

any other applicable erosion and sedimentation control regulations;

(c)

if the applicant is not the owner of the land to be disturbed, the erosion and

sedimentation control plan must include

the owner’s written consent for the

applicant to submit an erosion and sedimentation control plan and to conduct

the anticipated land-disturbing activity.

(3)

The Director of Environmental Services may waive one or more application

requirements by certifying in writing that such information is unnecessary in the

particular case to determine compliance with the applicable regulations.

(C) Acceptance

(1)

The Director of Environmental Services must review a submitted plan and determine

whether it complies with submittal requirements.

(2)

If the erosion and sedimentation control plan does not comply with submittal

requirements, the Director of Environmental Services must notify the applicant of the

submittal deficiencies and invite the applicant to revise the erosion and sedimentation

control plan to correct the deficiencies.

(3)

No further processing of incomplete plans will occur until the deficiencies are

corrected.

(4)

If or when the erosion and sedimentation control plan complies with all submittal

requirements, the Director of Environmental Services must accept the application as

complete.

(5)

An erosion and sedimentation control plan will be considered complete and ready for

processing only if submitted according to the application completeness requirements

of this article. The Director of Environmental Services must promptly notify the

person submitting the erosion and sedimentation control plan that the 30-day time

limit for review will not begin until the plan is deemed complete.

10-30-3 Review and Decision

(A)

The County must forward a copy of each erosion and sedimentation control plan for a land-

disturbing activity that involves the utilization of ditches for the purpose of de-watering or

lowering the water table of the tract to the Director of the North Carolina Division of Water

Quality.

(B)

After accepting an erosion and sedimentation control plan as complete, the Director of

Environmental Services must refer it to appropriate staff for review.

(C)

The review staff must review the erosion and sedimentation control plan, determine

whether the proposed activity complies with all applicable regulations, identify any

noncompliant features, and whenever feasible, suggest modifications to correct the

noncompliant features.