Soil Erosion and Sedimentation Control Ordinance-2000

SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE

Town of Minnesott Beach
Soil Erosion and Sedimentation Control
Ordinance
Prepared .
By
The Town Planning Board
For
The Mayor and Town Council
Technical Assistance Provided By:
Coastal Consortium, Consulting Planners, Inc.
Washington, North Carolina
June,2000
The preparation of this document was financed in part through a grant provided by the
North Carolina Coastal Management program, through funds provided by the Coastal
Zone Management Act of 1972, as amended, which is administered by the Office of Ocean
and Coastal Resource Management, National Oceanic and Atmospheric Administration.

Acknowledgement
In North Carolina the legislature allows under certain circumstances for a local
government to enact local sedimentation and erosion control protection. These local ordinances
maybe more restrictive than minimum state requirements for land disturbing activities that have
the potential for erosion or sedimentation. To date 35 local governments in the state have opted
to exercise this authority and local examples in coastal North Carolina included Pitt County,
Nags Head and Kill Devil Hills.
Once an ordinance is developed it must be authorized for local adoption by the State Land
Quality Section (LQS) that is within the Department of Environment and Natural Resources
(DENR). Only then can the ordinance become locally effective. Part of this State authorization
includes assurances from the local government that adequate enforcement capability exists so the
goal of reducing sedimentation and erosion may be achieved.
During this process in Minnesott Beach advice was sough and given by personnel from
LQS as to the most appropriate way to proceed. Mr. Floyd Williams with LQS in the
Washington, NC Regional Office of DENR was consulted, visited with Town officials and
recommended to adhere as much as possible to a "model" ordinance developed by this agency.
Mr. David Ward, working in the Raleigh headquarters office of LQS advised the same. (Mr.
Ward makes the final staff determination as to adequacy of local ordinances before local
adoption can be achieved.) Both employees advised that in their experiences, local governments
may amend local ordinances over time to reflect peculiar circumstances as they arise and as the
community gains experience in local administration and enforcement.
For these reasons, this ordinance reflects to a great extent the State model ordinance
suggestions and requirements.
in an effort to assist local governments in carrying out local ordinances the State has a
local program assistance grant that communities may take advantage of for setting up program
salaries, equipment, training, legal expenses, public awareness, etc. A copy of guidelines for the
program are available from Mr. Williams at 252/946-6481.
The Town appreciates the guidance, suggestions and recommendations offered by the
State officials and their contributions to the Towns efforts. Their assistance is duly noted.

TABLE OF CONTENTS
SECTION 1:
Title
SECTION 2:
Purpose
SECTION 3:
Definitions
SECTION 4:
Scope and Exclusions
SECTION 5:
General Requirements
SECTION 6:
Basic Control Objectives
SECTION 7:
Mandatory Standards For Land -Disturbing Activity
SECTION 8:
Design And Performance Standards
SECTION 9:
Storm Water Outlet Protection
SECTION 10:
Borrow And Waste Areas
SECTION 11:
Access And Haul Roads
SECTION 12:
Operations In Lakes Or Natural Watercourses.
SECTION 13:
Responsibility For Maintenance
SECTION 14:
Additional Measures
SECTION 15:
Existing Uncovered Areas
SECTION 16:
Permits
SECTION 17:
Erosion And Sedimentation Control Plans
SECTION 18:
Appeals
SECTION 19:
Inspections And Investigations
SECTION 20:
Penalties
SECTION 21:
Injunctive Relief
SECTION 22:
Restoration Of Areas Affected By Failure To Comply
SECTION 23:
Severability
SECTION 24:
Effective Date
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AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND
SEDIMENTATION.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF MINNESOTT
BEACH.
Section 1 Title
This ordinance maybe cited as the Town of Minnesott Beach Soil Erosion and
Sedimentation Control Ordinance.
Section 2 Purposes
This ordinance is adopted for the purposes of:
a. regulating certain land -disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation; and
b. establishing piocedures through which these purposes can be fulfilled.
Section 3 Definitions
As used in this ordinance, unless the context clearly indicates otherwise, the following
definitions apply:
a. Accelerated Erosion -means any increase over the rate of natural erosion as a result of
land -disturbing activity.
b. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and all
rules and orders adopted pursuant to it.
c. Adequate Erosion Control Measure, Structure, or Device - means one which controls
the soil material within the land area under responsible control of the person
conducting the land -disturbing activity.
d. Affiliate - a person that directly, or indirectly through one or more intermediaries,
controls, is controlled by, or is under common control of another person.
e. Being Conducted -means a land -disturbing activity has been initiated and permanent
stabilization of the site has not been completed.

f. Borrow - means fill material, which is required for on -site construction and is obtained
from other locations.
g. Buffer Zone - means the strip of land adjacent to a lake or natural watercourse.
h. Coastal Counties - means the following counties: Beaufort, Bertie, Brunswick,
Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New
Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell and
Washington.
i. Commission - means the North Carolina Sedimentation Control Commission.
j. Completion of Construction or Development -means that no further land -disturbing
activity is required on a phase of a project except that which is necessary for
establishing a permanent ground cover.
k. Department - means the North Carolina Department of Environment, Health, and
Natural Resources.
1. Director - means the Director of the Division of Land Resources of the Department of
Environment, Health, and Natural Resources.
in. Discharge Point - means that point at which runoff leaves a tract of land.
n. District - means the Pamlico Soil and Water Conservation District created pursuant to
Chapter 139, North Carolina General Statutes.
o. Energy Dissipater - means a structure or a shaped channel section with mechanical
armoring placed at the outlet of pipes or conduits to receive and break down the
energy from high velocity flow.
p. Erosion - means the wearing away of land surface by the action of wind, water,
gravity, or any combination thereof.
q. Ground cover - means any natural vegetative growth or other material, which renders
the soil surface, stable against accelerated erosion.
r. High Quality Waters - means those classified as such in 15A NCAC 2B.0101(e) (5) -
General Procedures, which is incorporated herein by reference to include further
amendments pursuant to G.S. 150B-14(c).
s. High Quality Water (HQW) zones - means areas in the Coastal Counties that are
within 575 feet of High Quality Waters and for the remainder of the state areas that
are within one mile and drain to HQW's.
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Lake- or Natural Watercourse - means any stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural
or impounded, in which sediment may be moved or carried in suspension, and which
could be damaged by accumulation of sediment.
u. Land -disturbing Activity - means any use of the land by any person in residential,
industrial, educational, institutional, or commercial development, highway and road
construction and maintenance that results in a change in the natural cover or
topography and that may cause or contribute to sedimentation.
v. Local Government - means any county, incorporated village, town, or city, or any
combination of counties, incorporated villages, towns, and cities, acting through a
joint program pursuant to the provisions of the Act.
w. Natural Erosion - means the wearing away of the earth's surface by water, wind, or
other natural agents under natural environmental conditions undisturbed by man.
x. Parent - an affiliate that directly, or indirectly through one or more intermediaries,
controls another person.
y. Person - means any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution,
utility, cooperative, interstate body, or other legal entity.
z. Person Conducting Land -Disturbing Activity - means any person who may be held
responsible for a violation unless expressly provided otherwise by this Ordinance, the
Act, or any order adopted pursuant to this Ordinance or the Act.
aa. Person Responsible for the Violation - as used in this Ordinance, and G.S. 113A-64,
means:
(a) the developer or other person who has or holds himself out as having financial or
operational control over the land -disturbing activity; or
(b) the landowner or person in possession or control of the land when he has directly
or indirectly allowed the land -disturbing activity or has benefited from it or he has
failed to comply with any provision of this Ordinance, the Act, or any order
adopted pursuant to this Ordinance or the Act as imposes a duty upon him.
bb. Phase of Grading - means one of two types of grading, rough or fine.
cc. Plan - means an erosion and sedimentation control plan.
dd. Sediment - means solid particulate matter, both mineral and organic, that has been or
is being transported by water, air, gravity, or ice from its site of origin.

ee. Sedimentation - means the process by which sediment resulting from accelerated
erosion has been or is being transported off the site of the land -disturbing activity or
into a lake or natural watercourse.
ff. Siltation - means sediment resulting from accelerated erosion which is settleable or
removable by properly designed, constructed, and maintained control measures; and
which has been transported from its point of origin within the site of a land -
disturbing activity; and which has been deposited, or is in suspension in water.
gg. Storm Drainage Facilities - means the system of inlets, conduits, channels, ditches and
appurtenances which serve to collect and convey storm water through and from a
given drainage area.
hh. Storm Water Runoff- means the direct runoff of water resulting from precipitation in
any form.
ii. Subsidiary - an affiliate that is directly, or indirectly through one or more
intermediaries, controlled by another person.
jj. Ten -Year Storm - means the surface runoff resulting from a rainfall of an intensity
expected to be equaled or exceeded, on the average, once in ten years, and of a
duration which will produce the maximum peak rate of runoff, for the watershed of
interest under average antecedent wetness conditions.
kk. Tract - means all contiguous land and bodies of water being disturbed or to be
disturbed as a unit, regardless of ownership.
11. Twenty-five Year Storm - means the surface runoff resulting from a rainfall of an
intensity expected to be equaled or exceeded, on the average, once in 25 years, and of
a duration which will produce the maximum peak rate of runoff, from the watershed
of interest under average antecedent wetness conditions.
mm. Uncovered - means the removal of ground cover from, on, or above the soil surface.
nn. Undertaken - means the initiating of any activity, or phase of activity, which results or
will result in a change in the ground cover or topography of a tract of land.
oo. Veloci - means the average velocity of flow through the cross section of the main
channel at the peak flow of the storm of interest. The cross section of the main
channel shall be that area defined by the geometry of the channel plus the area of flow
below the flood height defined by vertical lines at the main channel banks. Overload
flows are not to be included for the purpose of computing velocity of flow.
pp. Waste - means surplus materials resulting from on -site construction and disposed of
at other locations.

qq. Working Days - means days exclusive of Saturday and Sunday during which
weather conditions or soil conditions permit land -disturbing activity to be undertaken.
Section 4 Scope and Exclusions
This ordinance shall not apply to the following land -disturbing activities:
a. activities, including the breeding and grazing of livestock, undertaken on agricultural
land for the production of plants and animals useful to man, including, but not limited
to:
1. forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts.
2. dairy animals and dairy products.
3. poultry and poultry products.
4. livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats.
5. bees and apiary products.
6. fur producing animals.
b. activities undertaken on forestland for the production and harvesting of timber and
timber products and conducted in accordance with best management practices set out
in Forest Practice Guidelines Related to Water Quality, as adopted by the Department.
If land -disturbing activity undertaken on forestland for the production and harvesting
of timber and timber products is not conducted in accordance with Forest Practice
Guidelines Related to Water Quality, the provisions of this ordinance shall apply to
such activity and any related land -disturbing activity on the tract; and
c. activities for which a permit is required under the mining Act of 1971, Article 7 of
Chapter 74 of the General Statutes.
d. land -disturbing activity over which the State has exclusive regulatoryjurisdiction as
provided in G.S. 113A-56(a).
e. for the duration of an emergency, activities essential to protect human life.
Section 5 General Requirements
a. Plan Required - No person shall initiate anyland-disturbing activity, which uncovers
more than one acre without having an erosion control plan approved by the Town.
b. Protection of Property - Persons conducting land -disturbing activity shall take all
reasonable measures to protect all public and private property from damage caused by
such activity.

c. More Restrictive Rules Shall Apply - Whenever conflicts exists between federal,
state, or local laws, ordinance, or rules, the more restrictive provision shall apply.
Section 6 Basic Control Objectives
An erosion and sedimentation control plan may be disapproved pursuant to Section 17 of
this ordinance if the plan fails to address the following control objectives:
a. Identify Critical Areas - On -site areas, which are subject to severe erosion, and off -
site areas, which are especially vulnerable to damage from erosion and/or
sedimentation, are to be identified and receive special attention.
b. Limit Time of Exposure - All land -disturbing activity is to be planned and conducted
to limit exposure to the shortest feasible time.
c. Limit Exposed Areas - All land -disturbing activity is to be planned and conducted to
minimize the size of the area to be exposed at any one time.
d. Control Surface Water - Surface water runoff originating upgrade of exposed areas
should be controlled to reduce erosion and sediment loss during the period of
exposure.
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e. Control Sedimentation All land -disturbing activity is to be planned and conducted so
as to prevent off -site sedimentation damage.
f. Manage Storm Water Runoff- When the increase in the velocity of storm water
runoff resulting from a land -disturbing activity is sufficient to cause accelerated
erosion of the receiving watercourse, plans are to include measures to control the
velocity to the point of discharge so as to minimize accelerated erosion of the site and
increased sedimentation of the stream.
Section 7 Mandatory Standards for Land -disturbing Activity
No land -disturbing activity subject to the control of this ordinance shall be undertaken
except in accordance with the following mandatory standards:
a. Buffer zone
No land -disturbing activity during periods of construction or improvement to land
shall be permitted in proximity to a lake or natural watercourse unless a buffer
zone is provided along the margin of the watercourse of sufficient width to
confine visible siltation within the twenty-five percent (25%) of the buffer zone
nearest the land -disturbing activity. Waters that have been classified as trout
waters by the Environmental Management Commission shall have an undisturbed

buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five
percent (25%) of the buffer zone nearest the land -disturbing activity, whichever is
greater. Provided, however, that the Town may approve plans which include land -
disturbing activity along trout waters when the duration of said disturbance would
be temporary and the extent of said disturbance would be minimal. This
subdivision shall not apply to a land -disturbing activity in connection with the
construction of facilities to be located on, over, or under a lake or natural
watercourse.
2. Unless otherwise provided, the width of a buffer zone is measured from the edge
of the water to the nearest edge of the disturbed area, with the 25 percent of the
strip nearer the land -disturbing activity containing natural or artificial means of
confining visible siltation.
3. The 25 foot minimum width for an undisturbed buffer zone adjacent to designated
trout waters shall be measured horizontally from the top of the bank.
4. Where a temporary and minimal disturbance is permitted as an exception by
Section 7 (a) (1) of this ordinance, land -disturbing activities in the buffer zone
adjacent to designated trout waters shall be limited to a maximum of 10% of the
total length of the buffer zone within the tract to be distributed such that there is
not more than 100 linear feet of disturbance in each 1000 linear feet of buffer
zone. Larger areas may be disturbed with the written approval of the Director.
b. Graded Slopes and Fills - The angle for graded slopes and fills shall be no greater
than he angle which can be retained by vegetative cover or other adequate erosion
control devices or structures. In any event, slopes left exposed will, within 30
working days of completion of any phase of grading, be planted or otherwise provided
with ground cover, devices, or structures sufficient to restrain erosion.
c. Ground Cover - Whenever land -disturbing activity is undertaken on a tract
comprising more than one acre, if more than one acre is uncovered, the person
conducting the land -disturbing activity shall install such sedimentation and erosion
control devices and practices as are sufficient to retain the sediment generated by the
land -disturbing activity within the boundaries of the tract during construction upon
and development of said tract, and shall plant or otherwise provide a permanent
ground cover sufficient to restrain erosion after completion of construction or
development. Except as provided in Section 8 (b) (5) of this ordinance, provisions for
a ground cover sufficient to restrain erosion must be accomplished within 30 working
days or 120 calendar days following completion of construction or development
whichever period is shorter.
d. Prior Plan Approval -No person shall initiate any land -disturbing activity on a tract if
more than one acre is to be uncovered unless, thirty or more days prior to initiating
the activity, an erosion and sedimentation control plan for such activity is filed with
and approved by the (city), (town), or (county).

Section 8 Design and Performance Standards
a. Except as provided in Section 8 (b)(2) of this ordinance erosion and sedimentation
control measures, structures; and devices shall be so planned, designed, and
constructed as to provide protection from the calculated maximum peak rate of runoff
from the 10-year storm. Runoff rates shall be calculated using the procedures in the
USDA, Soil Conservation Service's "National Engineering Field Manual for
Conservation Practices", or other acceptable calculation procedures.
b. In High Quality Water (HQW) zones the following design standards shall apply:
Uncovered areas in HQW zones shall be limited at any time to a maximum total
area within the boundaries of the tract of 20 acres. Only the portion of the land -
disturbing activity within a HQW zone shall be governed by this section. Larger
areas may be uncovered within the boundaries of the tract with the written
approval of the Director.
2. Erosion and sedimentation control measures, structures, and devices within HQW
zones shall be so planned, designed and constructed to provide protection from
the run off of the 25-year storm which produces the maximum peak rate of run off
as calculated according to procedures in the United States Department of
Agriculture Soil Conservation Service's "National Engineering Field Manual for
Conservation Practices" or according to procedures adopted by any other agency
of this state or the United States or any generally recognized organization or
association.
3. Sediment basins within HQW zones shall be designed and constructed such that
the basin will have a settling efficiency of at least 70% for the 40 micron (0.04
mm) size soil particle transported into the basin by the runoff of that 2-year storm
which produces the maximum peak rate of runoff as calculated according to,
procedures in the United States Department of Agriculture Soil Conservation
Service's "National Engineering Field Manual for Conservation Practices" or
according to procedures adopted by any other agency of this state or the United
States or any generally recognized organization or association.
4. Newly constructed open channels in HQW zones shall be designed and
constructed with side slopes no steeper than 2 horizontal to 1 vertical if a
vegetative cover is used for stabilization unless soil conditions permit a steeper
slope or where the slopes are stabilized by using mechanical devices, structural
devices or other acceptable ditch liners. In any event, the angle for side slopes
shall be sufficient to restrain accelerated erosion.
5. Ground cover sufficient to restrain erosion must be provided for any portion of a
land -disturbing activity in a HQW zone within 15 working days or 60 calendar
days following completion of construction or development, whichever period is
shorter.
No

Section 9 Storm Water Outlet Protection
a. Persons shall conduct land -disturbing activity so that the post construction velocity of
the 10-year storm runoff in the receiving watercourse to the discharge point does not
exceed the greater of:
1. the velocity established by the table in Paragraph (d) of this Section; or
2. the velocity of the 10-year storm runoff in the receiving watercourse prior to
development.
If conditions (1) or (2) of this Paragraph cannot be met, then the receiving
watercourse to and including the discharge point shall be designed and
constructed to withstand the expected velocity anywhere the velocity exceeds the
"prior to development" velocity by 10%.
b. Acceptable Management Measures - Measures applied alone or in combination to
satisfy the intent of this section are acceptable if there are no objectionable secondary
consequences. The Commission recognizes that the management of stormwater
runoff to minimize or control downstream channel and bank erosion is a developing
technology. Innovative techniques and ideas will be considered and may be used
when shown to have the potential to produce successful results. Some alternatives are
to:
(1) avoid increases in surface runoff volume and velocity by including measures to
promote infiltration to compensate for increased runoff from areas rendered
impervious,
(2) avoid increases in stormwater discharge velocities by using vegetated or
roughened swales and waterways in lieu of closed drains and high velocity paved
sections,
(3) provide energy dissipaters at outlets of storm drainage facilities to reduce flow
velocities to the point of discharge. These may range from simple rip -rapped
sections to complex structures,
(4) protect watercourses subject to accelerated erosion by improving cross sections
and/or providing erosion -resistant lining.
c. Exceptions - This rule shall not apply where it can be demonstrated that stormwater
discharge velocities will not create an erosion problem in the receiving watercourse.
d. The following is a table for maximum permissible velocity for stormwater discharges:

Maximum Permissible Velocities
Material
Fine sand (noncolloidal)
Sandy loam (noncolloidal)
Silt loam (noncolloidal)
Ordinary firm loam
Fine gravel
Stiff clay (very colloidal)
Graded, loam to cobbles (noncolloidal)
Graded, silt to cobbles (colloidal)
Alluvial silts (noncolloidal)
Alluvial silts (colloidal)
Coarse gravel (noncolloidal)
Cobbles and shingles
Shales and hard pans
F.P.S. M.P.S.
2.5
.8
2.5
.8
3.0
.9
3.5
1.1
5.0
1.5
5.0
1.5
5.0
1.5
5.5
1.7
3.5
1.1
5.0
1.5
6.0
1.8
5.5
1.7
6.0
1.8
Source - Adapted from recommendations by Special Committee on Irrigation Research,
American Society of Civil Engineers, 1926, for channels with straight alignment. For
sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for
moderately sinuous channels, and by 0.8 for highly sinuous channels.
Section 10 Borrow and Waste Areas
When the person conducting the land -disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained and which are not
regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials
other than landfills regulated by the Department's Division of Solid Waste Management shall be
considered as part of the land -disturbing activity where the borrow material is being used or from
which the waste material originated. When the person conducting the land -disturbing activity is
not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered
a separate land -disturbing activity.
Section 11 Access and Haul Roads
Temporary access and haul roads, other than public roads, constructed or used in
connection with any land -disturbing activity shall be considered a part of such activity.
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Section 12 Operations In Lakes or Natural Watercourses
Land -disturbing activity in connection with construction in, on, over, or under a lake or
natural watercourse shall be planned and conducted in such a manner as to minimize the extent
and duration of disturbance of the stream channel. The relocation of a stream, where relocation
is an essential part of the proposed activity, shall be planned and executed so as to minimize
changes in the stream flow characteristics, except when justification for significant alteration to
flow characteristic is provided.
Section 13 Responsibility for Maintenance
During the development of a site, the person conducting the land -disturbing activity shall
install and maintain all temporary and permanent erosion and sedimentation control measures as
required by the approved plan or any provision of this Ordinance, the Act, or any order adopted
pursuant to this ordinance or the Act. After site development, the landowner or person in
possession or control of the land shall install and/or maintain all necessary permanent erosion
and sediment control measures, except those measures installed within a road or street right-of-
way or easement accepted for maintenance by a governmental agency.
Section 14 Additional Measures
Whenever the Town determines that significant sedimentation is occurring as a result of
land -disturbing activity, despite application and maintenance of protective practices, the person
conducting the land -disturbing activity will be required to and shall take additional protective
action.
Section 15 Existing Uncovered Areas
a. All uncovered areas existing on the effective date of this ordinance which resulted
from land -disturbing activity, exceed one acre, are subject to continued accelerated
erosion, and are causing off -site damage from sedimentation, shall be provided with a
ground cover or other protective measures, structures, or devices sufficient to restrain
accelerated erosion and control off -site sedimentation.
b. The Town will serve upon the landowner or other person in possession or control of
the land a written notice of violation by registered or certified mail, return receipt
requested, or other means reasonably calculated to give actual notice. The notice will
set forth the measures needed to comply and will state the time within which such
measures must be completed. In determining the measures required and the time
allowed for compliance, the authority serving notice shall take into consideration the
economic feasibility, technology, and quantity of work required, and shall set
reasonable and attainable time limits of compliance.
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c. The Town reserves the right to require preparation and approval of an erosion
control plan in any instance where extensive control measures are required.
d. This rule shall not require ground cover on cleared land forming the future basin of a
planned reservoir.
Section 16 Permits
a. No person shall undertake any land -disturbing activity subject to this ordinance
without first obtaining a permit therefore from the Town of Minnesott Beach, except
that no permit shall be required for any land -disturbing activity:
(1) for the purpose of fighting fires; or
(2) for the stock piling of raw or processed sand, stone, or gravel in material
processing plants and storage yards, provided that sediment control measures have
been utilized to protect against off -site damage; or
(3) that does not exceed five thousand five hundred (5,500) square feet in surface
area. In determining the area, lands under one or diverse ownership being
developed as a unit will be aggregated.
(NOTE: THIS EXCLUSION. FROM PERMITS SHOULD ALLOW LAND -
DISTURBING ACTIVITIES FOR CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE ON A SINGLE LOT, BUT MAY NOT EXCEED ONE ACRE.)
b. Minnesott Beach may establish a fee if considered necessary.
Section 17 Erosion and Sedimentation Control Plans
a. An erosion control plan shall be prepared for all land -disturbing activities subject to
this ordinance whenever the proposed activity is to be undertaken on a tract
comprising more than one acre, if more than one acre is to be uncovered.
The plan shall be filed with the Town and Pamlico County, and a copy shall be
simultaneously submitted to the Pamlico County Soil and Water Conservation
District, at least 30 days prior to the commencement of the proposed activity.
b. Persons conducting land -disturbing activity on a tract which covers one or more acres
shall file two (2) copies of the erosion control plan with the Town at least 30 days
prior to beginning such activity and shall keep another copy of the plan on file at the
job site. After approving the plan, if the Town either upon review of such plan or on
inspection of the job site, determines that a significant risk of accelerated erosion or
off -site sedimentation exists, the Town will require a revised plan. Pending the
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preparation of the revised plan, work shall cease or shall continue under conditions
outlined by the appropriate authority.
c. Erosion control plans may be disapproved unless accompanied by an authorized
statement of financial responsibility and ownership. This statement shall be signed by
the person financially responsible for the land -disturbing activity or his attorney in
fact. The statement shall include the mailing and street addresses of the principal
place of business of the person financially responsible and of the owner of the land or
their registered agents. If the person financially responsible is not a resident of North
Carolina, a North Carolina agent must be designated in the statement for the purpose
of receiving notice of compliance or non-compliance with the plan, the Act, this
ordinance, or rules or orders adopted or issued pursuant to this ordinance.
d. The Pamlico County Soil and Water Conservation District shall review the plan and
submit any comments and recommendations to the Town within 20 days after the soil
and water conservation district received the erosion control plan and the Town.
Failure of the Soil and Water Conservation District to submit its comments and
recommendations within 20 days or within any agreed -upon shorter period of time
shall not delay final action on the plan.
e. The Minnesott Beach Planning Board, will review each complete plan submitted to
them and within 30 days of receipt thereof will notify the person submitting the plan
that it has been approved, approved with modifications, approved with performance
reservations, or disapproved. Failure to approve, approve with modifications, or
disapprove a complete erosion and sedimentation control plan within 30 days of
receipt shall be deemed approval. Disapproval of a plan must specifically state in
writing the reasons for disapproval. The Town must approve, approve with
modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed
to be approved. If, following commencement of a land -disturbing activity pursuant to
an approved plan, the Town determines that the plan is inadequate to meet the
requirements of this ordinance, the Town may require any revision of the plan that is
necessary to comply with this ordinance. Failure to approve, approve with
modifications, or disapprove a revised erosion control plan within 15 days of receipt
shall be deemed approval of the plan. Minnesott Beach may establish an expiration
date for erosion control plans approved under this ordinance.
f. Any plan submitted for a land -disturbing activity for which an environmental
document is required by the North Carolina Environmental Policy Act (G.S. 113A-1,
et seq.) shall be deemed incomplete until a complete environmental document is
available for review. The Town shall promptly notify the person submitting the plan
that the 30-day time limit for review of the plan pursuant to Section 17(e) of this
ordinance shall not begin until a complete environmental document is available for
review.
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g. The plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to
adequately describe the proposed development of the tract and the measures planned
to comply with the requirements of this ordinance. Plan content may vary to meet the
needs of specific site requirements. Detailed guidelines for plan preparation may be
obtained from the Town on request.
h. A local government may disapprove an erosion control plan upon a finding that an
applicant, or a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting or has conducted land -disturbing activity without an approved plan,
or has received notice of violation of a plan previously approved by the
Commission or a local government pursuant to the Act 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 Act or a local ordinance
adopted pursuant to the Act by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. I I3A-64(b) or any
criminal provision of a local ordinance adopted pursuant to the Act or;
(4) Has failed to substantially comply with State rules or local ordinances and
regulations adopted pursuant to the Act. For purposes of this subsection (h) an
applicant's record maybe considered for only the two years prior to the
application date.
i. Applications 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. Until
such time as said amendment is approved by the Town the land -disturbing activity
shall not proceed except in accordance with the erosion control plan as originally
approved.
j. Any person engaged in land -disturbing activity who fails to file a plan in accordance
with this ordinance, or who conducts a land -disturbing activity except in accordance
with provisions of an approved plan shall be deemed in violation of this ordinance.
Section 18 Appeals
a. Except as provided in Section 18 (b) of this ordinance the appeal of a disapproval or
approval with modifications of a plan shall governed by the following provisions:
1. The disapproval or modification of any proposed erosion control plan by the
Town shall entitle the person submitting the plan to a public hearing if such
person submits written demand for a hearing within IS days after receipt of
written notice of disapproval or modifications.
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2. Hearings held pursuant to this section shall be conducted by the Town within
thirty (30) days after the date of the appeal or request for a hearing.
3. The Planning Board shall make recommendations to the governing body of the
Town within ten (10) days after the date of the hearing on any erosion control
plan.
4. The Town Board will render its final decision on any erosion control plan upon
which a hearing is requested within ten (10) days of receipt of the
recommendations from the agency conducting the hearings.
5. If the Town Board upholds the disapproval or modification of a proposed soil
erosion and sedimentation control plan following the hearing, the person
submitting the plan shall then be entitled to appeal the local government's decision
to the North Carolina Sedimentation Control Commission as provided in Section
113A-61(c) of the General Statutes and Title 15A NCAC 4B .0018(d).
b. In the event that an erosion control plan is disapproved pursuant to Section 17 (h) of
this ordinance, the Town shall notify the Director of the Division of Land Resources
of such disapproval within 10 days. The Town shall advise the applicant and the
Director in writing as to the specific reasons that the plan was disapproved. The
applicant may appeal the Town disapproval of the plan pursuant to Section 17 (h) of
this ordinance directly to the Commission.
Section 19 Inspections and Investigations
a. Agents, officials, or other qualified persons authorized by the Town will periodically
inspect land -disturbing activities to ensure compliance with the Act, this ordinance, or
rules or orders adopted or issued pursuant to this ordinance, and to determine whether
the measures required in the plan are effective in controlling erosion and sediment
resulting from land -disturbing activity. Notice of the right to inspect shall be included
in the certificate of approval of each erosion control plan.
b. No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of the Town while that person is inspecting or attempting to
inspect a land -disturbing activity under this section.
c. If, it is determined that a person engaged in land -disturbing activity has failed to
comply with the Act, this ordinance, or rules, or orders adopted or issued pursuant to
this ordinance, a notice of violation shall be served upon that person. The notice may
be served by any means authorized under GS I A-1, Rule 4. The notice shall specify a
date by which the person must comply with the Act, or this ordinance, or rules, or
orders adopted pursuant to this ordinance, and inform the person of the actions that
need to betaken to comply with the Act, this ordinance, or rules or orders adopted
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pursuant to this ordinance. However, no time period for compliance need be given
for failure to submit an erosion control plan for approval or for obstructing,
hampering or interfering with an authorized representative while in the process of
carrying out his official duties. Any person who fails to comply within the time
specified is subject to the civil and criminal penalties provided in this ordinance.
d. The Town shall have the power to conduct such investigation as it may reasonably
deem necessary to carry out its duties as prescribed in this ordinance, and for this
purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land -disturbing activity.
e. The Town shall also have the power to require written statements, or the filing of
reports under oath, with respect to pertinent questions relating to land -disturbing
activity.
Section 20 Penalties
A. Civil Penalties
(1) Any person who violates any of the provisions of this ordinance, or rules
or orders adopted or issued pursuant to this ordinance, or who initiates or
continues a land -disturbing activity for which an erosion control plan is
required except in accordance with the terms, conditions, and provisions
of an approved plan, is subject to a civil penalty. The maximum civil
penalty for a violation, other than a violation of a stop -work order issued
under G.S. 113A-65.1, is five hundred dollars ($500.00). The maximum
civil penalty for a violation of a stop -work order is five thousand dollars
($5,000.00). No penalty shall be assessed until the person alleged to be in
violation has been notified of the violation as provided in section 19(c) of
this ordinance. If, after the allotted time period has expired, the violator
has not completed corrective action, a civil penalty may be assessed from
the date of service of the notice of violation. However, no time period for
compliance need be given for failure to submit an erosion control plan for
approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties. Each
day of continuing violation shall constitute a separate violation.
(2) The Town Board shall determine the amount of the civil penalty to be
assessed under this subsection and shall notify the person who is assessed
the civil penalty of the amount of the penalty and the reason for assessing
the penalty. In determining the amount of the penalty the governing body
shall consider the degree and extent of harm caused by the violation and
the cost of rectifying the damage, the amount of money the violator saved
by noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying of failing to comply with this
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ordinance. The -notice of assessment shall be served by any means authorized under section 19
(c) of this ordinance, and shall direct the violator to either pay the
assessment or contest the assessment, within 30 days after receipt of the
notice of assessment, by written demand for a hearing. A hearing on a
civil penalty shall be conducted by the Town within twenty (20) days after
the date of the written demand for the hearing. The Town shall make its
recommendation to the Town Board within twenty (20) days after the date
of the hearing. The Town Board shall render its final decision on the civil
penalty within ten (10) days of the receipt of the recommendation from the
agency. Appeal from the final decision of the governing body shall be to
the Superior Court of the county where the violation occurred, or the
location of the violator's residence or principal place of business.
(3) If payment is not received within 30 days after demand for payment is
made the Town may institute a civil action to recover the amount of the
assessment. The civil action may be brought in the Superior Court of the
county where the violation occurred, or the violator's residence or principal
place of business is located. Such civil actions must be filed within three
(3) years of the date the assessment was due. An assessment that is not
contested is due when the violator is served with a notice of assessment.
An assessment that is contested is due at the conclusion of the
administrative and judicial review of the assessment.
(4) Civil penalties collected pursuant to this ordinance shall be credited to the
general fund of the local government as non -tax revenue.
B. Criminal Penalties
Any person who knowingly or willfully violates any provision of this
ordinance, or rule or order adopted or issued pursuant to this ordinance, or
who knowingly or willfully initiates or continues a land -disturbing activity for
which an erosion control plan is required except in accordance with the terms,
conditions, and provisions of an approved plan, shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed $5,000.
Section 21 Injunctive Relief
a. Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this ordinance or any rule or order adopted or issued
pursuant to this ordinance, or any term, condition, or provision of an approved erosion
control plan, it may, either before or after the institution of any other action or
proceeding authorized by this ordinance, institute a civil action in the name of the
Town for injunctive relief to restrain the violation or threatened violation. The action
shall be brought in the Superior Court of Pamlico County.
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b. Upon determination by a court that an alleged violation is occurring or is threatened,
the court shall enter any order or judgment that is necessary to abate the violation, to
ensure that restoration is performed, or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any
party to the proceedings from any civil or criminal penalty prescribed for violations of
this ordinance.
Section 22 Restoration of areas affected by failure to comply
The Town may require a person who engaged in a land -disturbing activity and failed to
retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters
and land affected by the failure so as to minimize the detrimental effects of the resulting
pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or
injunctive relief authorized under this ordinance.
Section 23 Severability
If any section or sections of this ordinance is/are held to be invalid or unenforceable, all
other sections shall nevertheless continue in full force and effect.
Section 24 Effective Date
(In establishing an effective date the local government should consider the
need for lead-time to orient and educate those affected by full implementation of
the ordinance.)
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