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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
10-22
(5) Control Sedimentation
All land-disturbing activity must be planned and conducted to prevent off-site
sedimentation damage.
(6) Manage Stormwater Runoff
When the increase in the velocity of stormwater runoff resulting from a land-
disturbing activity is sufficient to cause accelerated erosion of the receiving
watercourse, plans must include measures to control the velocity at the point of
discharge to minimize accelerated erosion of the site and increased sedimentation of
the stream.
(B)
The County must disapprove an erosion and sedimentation control plan or draft plans if
implementation of the erosion and sedimentation control plan would result in a violation of
the rules adopted by the Environmental Management Commission to protect riparian
buffers along surface waters.
(C)
The County may disapprove an erosion and sedimentation control plan upon finding that an
applicant, or a parent, subsidiary, or other affiliate of the applicant, within the 2 years prior
to the application date:
(1)
is conducting or has conducted land-disturbing activity without an approved plan, or
has received a notice of violation on a previously approved erosion and
sedimentation control plan and has not complied with the notice within the time
specified;
(2)
has failed to pay a civil penalty assessed pursuant to the North Carolina
Sedimentation Pollution Control Act or a local ordinance adopted pursuant to the
North Carolina Sedimentation Pollution Control Act 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; 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.
(5)
When an erosion and sedimentation control plan is disapproved under the provisions
of this subsection, the County must notify the Director of the North Carolina State
Division of Land Resources of such disapproval within 10 days. The County must
advise the applicant and the North Carolina State Division of Land Resources in
writing as to the specific reasons that the erosion and sedimentation control plan was
disapproved.
10-30-5 Amendment of Plans
(A)
Application for amendment of an erosion and sedimentation control plan in written and/or
graphic form may be made at any time under the same conditions as the original
application. Until the County approves the amendment, the land-disturbing activity shall
not proceed except in accordance with the erosion and sedimentation control plan as
originally approved.
(B)
The County must require a revised plan if it determines, upon review of an erosion and
sedimentation control plan or inspection of the job site, that a significant risk of accelerated