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HomeMy WebLinkAboutNCS000448_Weaverville MS4 Self-Audit_20210316 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) CONSTRUCTION SITE RUNOFF PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000488 WEAVERVILLE, NORTH CAROLINA 30 South Main Street Weaverville, NC 28787 Audit Date: January 19, 2021 Report Date: March 16, 2021 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date: January 19, 2021 i (This page intentionally left blank) MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date: January 19, 2021 ii TABLE OF CONTENTS Audit Details .................................................................................................................................................. 1 Permittee Information .................................................................................................................................. 2 Supporting Documents ................................................................................................................................. 3 Construction Site Runoff Controls ................................................................................................................ 4 DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to implement the approved Stormwater Management Plan in accordance with the issued permit. This page intentionally left blank MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 1 of 9 Audit Details Audit ID Number: NCS000448_Weaverville MS4 Audit_20201112 Audit Date(s): January 19, 2021 Minimum Control Measures Evaluated: ☐Program Implementation, Documentation & Assessment ☐Public Education & Outreach ☐Public Involvement & Participation ☐Illicit Discharge Detection & Elimination ☐Construction Site Runoff Controls – No delegated Sediment and Erosion Control Program ☒Construction Site Runoff Controls – Delegated Sediment and Erosion Control Program ☐Post-Construction Site Runoff Controls ☐Pollution Prevention and Good Housekeeping for Municipal Operations ☐Total Maximum Daily Loads (TMDLs) Field Site Visits: ☐Municipal Facilities. Number visited: Choose an item. ☐MS4 Outfalls. Number visited: Choose an item. ☐Construction Sites. Number visited: Choose an item. ☐Post-Construction Stormwater Runoff Controls. Number visited: Choose an item. ☐Other: ________________________________. Number visited: Choose an item. ☐Other: ________________________________. Number visited: Choose an item. Inspector(s) Conducting Audit Name, Title Organization Jennifer Jackson, Town Attorney Town of Weaverville Kathleen Balaze, Staff Professional WithersRavenel Lars R. Hagen Jr., Vice President, Director of Operations – Public Sector WithersRavenel Audit Report Author: Signature__________________________________________ Date: Audit Report Author: Signature__________________________________________ Date: 3/16/21 Audit Report Author: Signature__________________________________________ Date 3/16/2021 MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 2 of 9 Permittee Information MS4 Permittee Name: Town of Weaverville Permit Effective Date: February 20, 2017 Permit Expiration Date: February 19, 2022 City, State, ZIP: Weaverville, NC 28787 Date of Last MS4 Inspection/Audit: None Co-permittee(s), if applicable: N/A Permit Owner of Record: Jared T. Duncan Primary MS4 Representatives Participating in Audit Name, Title Organization Jennifer Jackson, Town Attorney Town of Weaverville Dale Pennell, Public Works Director Town of Weaverville James Eller, Planning Director Town of Weaverville Victoria Hoyland, Stormwater Administrator Buncombe County W. Jason Guess, Erosion Control Officer Buncombe County MS4 Receiving Waters Waterbody Classification Impairments Reems Creek C None Known Gill Branch C None Known UT of Lake Louise C None Known MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 3 of 9 Supporting Documents Item Number Document Title When Provided (Prior to/During/After) 1 Buncombe County Code of Ordinance - Chapter 26, Article 5 – Soil Erosion and Sedimentation Control Prior to 2 Fee Schedule After MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 4 of 9 Construction Site Runoff Controls Staff Interviewed: (Name, Title, Role) Jennifer Jackson, Town Attorney, Town of Weaverville Dale Pennell, Public Works Director, Town of Weaverville W. Jason Guess, Erosion Control Officer, Buncombe County Program Delegation Status: ☒ The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). ☐ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete only the permit citation section). Permit Citation Program Requirement Status Supporting Doc No. II.E.3 Construction Site Runoff Controls [NPDES Permit No. NCS000435] The permittee provides and promotes a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems (e.g., promoting the existence of the DEQ DEMLR “Stop Mud” hotline). Partial --- Comments (Describe how provided and promoted) The Town of Weaverville does not maintain a stormwater web page and does not link to the County web page. Buncombe County maintains an erosion control web page that has contact information, links the applicable ordinance, and information for developers at https://www.buncombecounty.org/governing/depts/planning/erosion.aspx SPCA Citation Delegated Program Requirement Status Supporting Doc No. § 113A-60 Local erosion and sedimentation control programs (a) The permittee has adopted an ordinance or other regulatory mechanism to enforce the erosion and sedimentation control program. Partial 1 If yes, the ordinance meets or exceeds the minimum requirements of the SPCA. Partial 1 If yes, the ordinance applies throughout the corporate limits of the permittee. [Permit Part I.D] Partial 1 Comments (Provide regulatory mechanism reference or Supporting Documentation number) Buncombe County performs Sedimentation and Erosion Control for the Town under the County’s Ordinance - Chapter 26, Article 5 – Soil Erosion and Sedimentation Control. Erosion control permits are required for projects that will disturb 1 acre or more. Buffer and ground cover requirements are also specified. While Buncombe County has performed Sedimentation and Erosion Control for Weaverville for some time, a legal agreement was not located. § 113A-60 Local erosion and sedimentation control programs (d) The permittee collects a fee paid by each person who submits an erosion and sedimentation control plan. Yes 2 MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 5 of 9 Construction Site Runoff Controls Comments (indicate the fee amount, if applicable) Buncombe County requires erosion control permits and collects $525/acre for those permits. § 113A-60 Local erosion and sedimentation control programs (e) Has any person initiated a land-disturbing activity (within the permittee’s jurisdiction) for which an erosion and sedimentation control plan is required in the absence of an approved plan? Yes --- If yes, the permittee has notified the North Carolina Sedimentation Control Commission of all such cases. Yes --- Has the permittee determined that a person engaged in a land-disturbing activity has failed to comply with an approved erosion and sedimentation control plan? Yes --- If yes, has the permittee referred any such matters to the North Carolina Sedimentation Control Commission for inspection and enforcement? Yes --- Comments Buncombe County supplies monthly report to State that describe all sedimentation and erosion control permitting and NOVs. § 113A-61 Local approval of erosion and sedimentation control plans The permittee reviews each erosion and sedimentation control plan submitted to them and notifies the person submitting the plan that it has been approved, approved with modification, or disapproved within 30 days of receipt. Yes --- The permittee only approves an erosion and sedimentation control plan upon determining that it complies with all applicable State and local regulations. Yes --- The permittee has disapproved of an erosion and sedimentation control plan in order to protect riparian buffers along surface waters. No --- If yes, the permittee notified the Director of the Division of Energy, Mineral, and Land Resources within 10 days of the disapproval. Not Applicable --- Comments Buncombe County performs plan reviews and provides letters of approval or disapproval. The County has not disapproved of an erosion and sedimentation control in order to protect riparian buffers. § 113A-61.1 Inspection of land- disturbing activity; notice of violation (a) The certificate of approval of each erosion and sedimentation control plan approved by the permittee includes a notice of the right to inspect. Yes --- The permittee provides for inspection of land-disturbing activities to ensure compliance with the SPCA and to determine whether the measures required in an erosion and sedimentation control plan are effective. Yes --- Comments Buncombe County performs inspections and provides approval letters. MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 6 of 9 Construction Site Runoff Controls § 113A-61.1 Inspection of land- disturbing activity; notice of violation (c) When the permittee determines that a person engaged in land-disturbing activity has failed to comply with the SPCA, the Permittee immediately issues a notice of violation upon that person. Yes --- Each notice of violation issued by the permittee specifies the date by which the person must comply. Yes --- Each notice of violation issued by the permittee informs the person of the actions that need to be taken to comply. Yes --- Comments Buncombe County Erosion Control logs notices of violation in Accela and an excel spreadsheet and documents a monthly list of NOVs. Buncombe County performs plan reviews and provides letters of approval or disapproval . § 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation program? Yes 2 Comments (indicate when/why a civil penalty is issued, and the amount, if applicable) Buncombe County requires erosion control permits and collects $525/acre for those permits and fees are doubled if land disturbing activities commence before obtaining a permit. MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 7 of 9 APPENDIX A: SUPPORTING DOCUMENTS MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 8 of 9 SUPPORTING DOCUMENT 1: Buncombe County Code of Ordinance - Chapter 26, Article 5 – Soil Erosion and Sedimentation Control ENVIRONMENT ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL* DIVISION 1. GENERALLY Sec. 26-206. Title and authority of article. This article may be cited as the county soil erosion and sedimentation control ordinance, and is adopted pursuant to the authority granted in the North Carolina Sedimentation Pollution Con- trol Act of 1973, G.S. 113A-50 et seq. (Ord. No. 20172, § 11 2-2-93) Sec. 26-207. Jurisdiction of article. This article is hereby adopted by the county board of commissioners to apply to all of the county outside of the incorporated areas. Except as provided in this section, the provisions of this article shall not be applicable to and shall not be enforced within the corporate limits or jurisdic- tion of any municipality in the county. A munici- pality may come within the provisions of this ordinance at any time by mutual agreement with the county and by the adoption of an appropriate resolution by the governing body of such munici- pality pursuant to G.S. 153A-122 agreeing that this ordinance shall be enforced within the corpo- rate limits or jurisdiction of the municipality. (Ord. No. 20172, § 2, 2-2-93; Ord. No. 96-84, § 1, 8-20-96) Sec. 26-208. Purpose of article. This article is adopted for the purposes of: (1) Regulating certain land disturbing ac ity to control accelerated erosion and sed- imentation in order to prevent the pollu- tion of water and other damage to lakes, watercourses, and other public and pri- vate property by sedimentation; and (2) Establishing procedures through which these purposes can be fulfilled. (Ord. No. 20172, § 3, 2-2-93) *Cross reference�Subdivisions, ch. 70. State law reference —Authority to adopt rules and reg- ulations to establish and enforce soil erosion and control programs, G.S. 113A-60. Sec. 26-209. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accelerated erosion means ariy increase over the rate of natural erosion as a result of land disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973, G.S. 113A-50 et seq., and all rules and orders adopted pursuant to it. 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 activ- ity. Affiliate means a person that directly or rectly through one or more intermediaries con- trols, is controlled by, or is under common control of another person. Being conducted means a land disturbing ac- ty has been initiated and permanent stabili- zation of the site has not been completed. Borrow means fill material which is required for onsite construction and is obtained from other locations. Buffer zone means the strip of land adjacent to a lake or natural watercourse. Certifccate of compliance means a certificate issued by the county indicating that the required temporary and/or permanent erosion control mea- sures shown on the approved plan have been constructed correctly and are operating correctly anI that the site has been satisfactorily stabilized except for routine maintenance requirements. 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. Commission means the state sedimentation control commission. Supp. No. 15 CD26:25 BUNCOMBE COUNTY CODE Completion of construction or development means that no further land disturbing activity is re- quired on a phase of a project except that which is necessary for establishing a permanent ground cover. Department means the state department of environment, health, and natural resources. Detention basin means a facility constructed or modified to represent flow of storm water to a prescribed maximum rate and to concurrently detain the excess waters that accumulate behind the outlet. Director means the director of the division of land resources of the state department of environ- ment, health, and natural resources. Discharge point means that point at which runoff leaves a tract of land. District means the county soil and water con- servation district created pursuant to G.S. 139-1 et seq. Energy dissipator 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. Erosion means the wearing away of land sur- face by the action of wind, water, gravity, or any combination thereof. Erosion control officer means the county ero- sion control officer or his duly authorized repre- sentatives. Forest lands means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incom- patible with timber growing. Forest practices means any activity conducted on or directly pertaining to forest land and relat- ing to growing, harvesting, or processing timber. Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. High quality water (HQW) zones means areas that are within one mile of and drain to HQWs. High quality waters means those classified as such in 15A NCAC2B.0101(e)(5)—General Proce- dures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B44(c). 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 sed- iment. Land disturbing activity means any use of, or operations on, the land by any person in residen- tial, industrial, educational, institutional, or com- mercial development, highway and road construc- tion and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Land disturbing permit means the document issued by the county which allows grading oper- ations to commence and to proceed in accordance with the requirements of this article. Local government means any county, incorpo- rated 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. Logging means the practice of harvesting prod- ucts or timber from a tract or part of a tract of land and then perpetuating a stand of timber or forest products on the same tract of land within reasonable timeframes and accepted best manage- ment practice guidelines as recommended by the Forest Practice Guidelines Related to Water Qual- ity pursuant to the provisions of G.S. ch. 150B. 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. Parent means an affiliate that directly or indi- rectly, through one or more intermediaries, con- trols another person. Person means any individual, partnership, firm, association, joint venture, public or private corpo- Supp. No. 15 CD26:26 ENVIRONMENT ration, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person conducting land disturbing activity means any person who may be held responsible for a violation unless expressly provided other- wise by this article, the Act, or any order adopted pursuant to this article or the Act. Person responsible for the violation means, as used in this article and G.S. 113A-64: (1) The developer or other person who has or holds himself out as having financial or operational control over the land disturb- ing activity; or (2) The landowner or person in possession or control of the land when he has directly or indirectly allowed the land disturbing ac- tivity or has benefitted from it, or he has failed to comply with any provision of this article, the Act, or any order adopted pursuant to this article or the Act as imposes a duty upon him. Phase of grading means one of two types of grading, rough or fine. Plan means an erosion and sedimentation con- trol plan. 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. 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 wa- tercourse. Siltation means sediment resulting from accel- erated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; which has been transported from its point of origin within the site of a land disturbing activity; and which has been depos- ited, or is in suspension in water. Storm drainage facilities means the system of inlets, conduits, channels, ditches, and appurte- § 26-209 nances which serve to collect and convey stormwater through and from a given drainage area. Stormwater runoff means the direct runoff of water resulting from precipitation in any form. Subsidiary means an affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person. Ten-year storm means the surface runoffresult- ing from a rainfall of an intensity expected to be equalled 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 condi- tions. Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty -five-year storm means the surface run- off resulting from a rainfall of an intensity ex- pected to be equalled 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 anteced- ent wetness conditions. Uncovered means the removal of ground cover from, on, or above the soil surface. Undertaken means the initiating of any activ- ity, or phase of activity, which results or will result in a change in the ground cover or topog- raphy of a tract of land. Velocity 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. Over- load flows are not to be included for the purpose of computing velocity of flow. Waste means surplus materials resulting from onsite construction and disposed of at other loca- tions. Supp. No. 19 CD26:27 BUNCOMBE COUNTY CODE Working days means days, exclusive of Satur- day and Sunday, during which weather conditions or soil conditions permit land disturbing activity to be undertaken. (Ord. No. 20172, § 4, 2-2-93; Ord. No. 96-84, § 2) 8-20-96; Ord. No. 99-34, § 4, 3-16-99; Ord. No. 06-04-02, § 1, 44-06) Cross reference —Definitions generally, § 1-2. Sec. 26-210. Scope of article and exclusions from article. (a) Geographical scope of regulated land -dis- turbing activity. This article shall apply to land - disturbing activity within the territorial jurisdic- tion of Buncombe County and to the extraterritorial jurisdiction of Biltmore Forest, Black Mountain, Woodfin, Weaverville, and Montreat as allowed by agreement between local governments. (b) Exclusions from regulated land -disturbing activity. Notwithstanding the general applicabil- ity of this article to all land -disturbing activity, this article shall not apply to the following types of land -disturbing activity: (1) Activities including the breeding and graz- ing of livestock, undertaken on agricul- tural land for the production of plants and animals useful to man, including, but not limited to: a. Forages and sod crops, grains and feed crops, tobacco, cotton and pea- nuts. b. Dairy animals and apiary products. c. Poultry and poultry products. d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats. e. Bees and dairy products. £ Fur producing animals. (2) Activities undertaken on forestland for the production or harvesting of timber and timber products and conducted in accordance with best management prac- tices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the board of commissioners. (3) Activities for which a permit is required under the mining act, G.S. 7446 et seq. (4) For the duration of an emergency, activi- ties essential to protect human life. (5) Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). (Ord. No. 20172, § 5, 2-2-93; Ord. No. 96-84, § 3, 8-20-96; Ord. No. 06-04-02, § 2, 44-06) Sec. 26-211. General requirements. (a) Plan required. No person shall initiate any land disturbing activity as defined in this section without an erosion control plan as described in section 26-228, approved by the county, and with- out having a land disturbing permit as described in section 26-226. For the purposes of this article, an erosion control plan shall be required for: (1) Any land disturbing activity which uncov- ers one or more acres (43,560 square feet) on a tract of land. (2) Reserved. (3) Any residential land disturbing activity which uncovers one -quarter acre or more (10,890 square feet) on a lot, parcel, or tract with an average slope of 25 percent or greater in its natural state and applies to chapter 70, Subdivisions, section 70-68. (b) Protection of property. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private prop- erty from damage caused by such activities. (c) More restrictive rules shall apply. Any res- idential land disturbing activity which uncovers one-half acre or more (21,750 square feet) on a lot, parcel or tract with an average slope 15 to 25 percent in its natural state and applies to chapter 70, Subdivisions, section 70-68. (Ord. No. 20172, § 6, 2-2-93; Ord. No. 96-84, § 4, 8-20-06; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, § 1, 8-5-03; Ord. No. 06-04-02, § 3, 4-4-069 Ord. No. 06-08-04, § 1, 8-1-06) Supp. No. 15 CD26:28 ENVIRONMENT § 26-226 Sec. 26-212. Basic control objectives. An erosion and sedimentation control plan may be disapproved pursuant to section 26-228 if the pIan fails to address the following control objec- tives: (1) Ide�atify critical areas. Onsite areas which are subject to severe erosion and offsite areas which are especially vulnerable to damage from erosion and/or sedimenta- tion are to be identified and receive spe- cial attention. (2) Limit time of exposure. All land disturb- ing activity is to be planned and con- ducted to limit exposure to the shortest feasible time. (3) Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of the area to be ex- posed at any one time. (4) Control surface water. Surface water run- off originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of expo- sure. (5) Control sedimentation. All land disturb- ing activity is to be planned and con- ducted so as to prevent offsite sedimenta- tion damage. (6) Manage stormwater runoff: When the in- crease in the velocity of stormwater run- off resulting from a land disturbing activ- ity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and in- creased sedimentation of the stream. Plan designer must furnish a statement of an on site downstream evaluation for assess- ment of 25-year storm velocity impacts to adjoining property. (Ord. No. 20172, § 7, 2-2-93; Ord. No. 06-04-02, § 3, 44-06) Sec. 26-213. Forest practice guidelines. (a) It is the intent of the board of commission- ers to adopt Forest Practice Guidelines Related to Water Quality (best management practices) pur- suant to the provisions of G.S. ch. 150B. Until forest practice guidelines are adopted, activities undertaken on forest land for the production and harvesting of timber products will be subject to this article. (b) If land disturbing activity undertaken on forest land for the production and harvesting of timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this article shall apply to such activity and any related land disturbing activity on the tract. Secs. 26-214-26-225. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT* Sec. 26-226. Permits. (a) Required; exceptions. Except as provided in section 26-210, no person shall undertake any land disturbing activity subject to this article without first obtaining a permit therefor from the county, except that no permit shall be required for any land disturbing activity: (1) For the purpose of fighting fires; (2) For the stockpiling of raw or processed sand, stone, or gravel in material process- ing plants and storage yards, provided that sediment control measures have been utilized to protect against offsite damage; or (3) Less than one acre (43,560 square feet) that does not apply to chapter 70, Subdi- visions, section 70-68. (4) In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (b) Requirements of applicant. To obtain a land disturbing permit the following is required: (1) Completed land disturbing permit appli- cation. (2) Completed and signed erosion control plan checklist. Cross reference —Administration, ch. 2. Supp. No. 01 BUNCOMBE COUNTY CODE (3) all review fee. (4) An approved erosion control plan (two copies). (5) A copy of the approved stormwater plan, approval letter and permit. In all circumstances where a stormwater permit is required in accordance with Buncombe County ordinances, such stormwater permit must be ob- tained before a land disturbing permit may be issued pursuant to this section. Note: If the intent is to disturb land, which requires a land disturbing permit, regardless of time frame, a land disturbing permit must be obtained prior to beginning the land disturbing activity. (c) Issuance prerequisite to building permit. The county shall not issue any building permits for projects on sites where a land disturbing permit is required unless and until a land disturb- ing permit has been issued. (d) Fees. The county may establish fees as considered necessary to defray costs of adminis- tering this article. Plan review fees shall be double the normal fee amount when land disturb- ing activity begins before a land disturbing per- mit is obtained from the county. An applicant shall be entitled to two plan reviews of any application without payments of an additional plan review fee. This shall be con- strued to mean review of the original application and review of the re -submittal of that application with or without revisions. Any re -submittal by the applicant thereafter shall be treated as a new application and must be accompanied by payment of the full plan review fee. The county board of commissioners shall estab- lish plan review fees, and may amend and update the fees annually during the budget process. (e) Display. Aland disturbing permit issued under this article shall be prominently displayed on the site until all construction is completed, all permanent sedimentation and erosion control mea- sures are installed and the site has been substan- tially stabilized, as required. (Ord. No. 20172, § 17, 2-2-93; Ord, No. 96-6-16, §§ 1-3, 6-18-96; Ord. No. 96-8-7, § 5, 8-20-96; Ord. No. 99-4-3, § 1) 4-13-99; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, §§ 2-5, 8-5-03; Ord, No. 06-04-02, § 4, 4-4-06; Ord. No. 06-08-04, § 1, 8-1-06; Ord. No. 0641-01, § 1, 11-7-06; Ord. No. 08-01-05, § 1, 1-8-08; Ord. No. 11-06-03, § 1, 6-7-11) Sec. 26-227. Revocation of permits. (a) If inspection of a site of land disturbing activity indicates that the site is not in compli- ance with either this article or the erosion control in approved for the site, the county shall serve a notice of violation by registered or certified mail or by any means authorized under G.S. 1A-1, Rule 4, or other means reasonably calculated to give actual notice, upon the person conducting the land disturbing activity and, if different from that party, the property owner. The notice shall set forth the actions necessary to achieve compliance with the plan or this sec- tion, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in one or more of the following: (1) Revocation of the land disturbing permit and all building permits; (2) The issuance of a stop work order; (3) The assessment of civil penalties; or (4) Other enforcement action. If the site of land disturbing activity is not brought into compliance with this section or the in within the time stated in the notice, the county shall (1) revoke the land disturbing permit and immediately revoke all building permits granted for the site pursuant to N.C.G.S. § 153A- 362 or (2) issue a stop work order pursuant toS. N.C.G.§ 153A-361. (b) When work under a land disturbing permit is not begun within six months following the date of issuance of the land disturbing permit, the land disturbing permit shall be deemed to be expired. If land disturbance has begun within six months of the date of issuance the land disturbing permit will expire five years from date of issuance. Re- newal of the land disturbing permit will require a Supp. No. 01 CD26:30 ENVIRONMENT new application and new plan review fees. No grading work is to be performed until the new permit is issued. (Ord. No. 20172, § 18, 2-2-93; Ord, No. 96-8-7, §§ 6, 7, 8-20-96; Ord. No. 994-3, § 2, 4-13-99; Ord. No. 06-08-04, § 1, 8-1-06) Sec. 26-228. Erosion and sedimentation con- trol plans. (a) Filing; review; revision. Persons conducting a land disturbing activity on a tract which re- quires a land disturbing permit shall file two Supp. No. 21 CD26:30.1 ENVIRONMENT copies of the erosion control plan with the county 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 county, either upon review of such plan or on inspection of the job site, determines that a sig- nificant risk of accelerated erosion or offsite sed- imentation exists, the county will require a re- vised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. No person may initiate a land disturbing activity before notifying the county of the date that the land disturbing activity will begin. When deemed necessary a preconstruction conference may be required. (b) Statement of financial responsibility and ownership. Erosion control plans may be disap- proved unless accompanied by a notarized state- ment 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. This statement shall be included on the land disturbing permit application form required by this article. If the person financially responsible is not a resident of the state, a state agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this article, or rules or orders adopted or issued pursuant to this article. (c) Review by county soil and water conserva- tion district. One copy of the erosion control plan shall be forwarded by the county to the county soil and water conservation district for its review. Within 20 days of receipt, or within such addi- tional time as may be prescribed by the county, the district shall review such plan and submit its comments and recommendations to the county. Failure of the county soil and water conservation district to submit its comments and recommenda- tions within 20 days or within the prescribed additional time shall not delay final action on the plan. § 26-228 (d) Review by county; approval or disapproval. The county shall review each complete plan sub- mitted to it and within 20 days of receipt thereof shall notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or dis- approved. However, the county shall make every attempt possible to complete its review of the plan within 20 days of receipt. Failure to approve or disapprove a complete erosion and sedimentation control plan within 20 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disap- proval. The county must approve, approve with modifications, or deny 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 county determines that the plan is inadequate to meet the requirements of this article, the county may require such revisions as are necessary to comply with this article. The approval of an erosion plan is conditioned on the applicant's compliance with federal and state water quality laws, regulations, and rules. A copy of the erosion control plan for any land disturbing activity that involves the utilization of ditches for the purpose of de - watering or lowering the water table must be forwarded to the director of the division of water quality. (e) Environmental document. Any plan submit- ted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A4 et seq.) shall be deemed incomplete until a com- plete environmental document is available for review. The county shall promptly notify the per- son submitting the plan that the 20-day time t for review of the plan pursuant to subsection (d) of this section shall not begin until a complete environmental document is available for review. (f) Contents of plan The erosion control plan required by this section shall contain architec- tural and engineering drawings, maps, assump- tions, calculations, and narrative statements as needed to adequately describe the proposed devel- opment of the tract and the measures planned to comply with the requirements of this article. All erosion and sedimentation control plans shall Supp. Mn 19 CD26:31 BUNCOMBE COUNTY CODE contain a maintenance plan addressing short- term and long-term maintenance of measures. Long-term maintenance of ground covers must be addressed in the maintenance plan. The plan may be included in the construction sequence or vege- tation specifications, if appropriate. However, more detailed maintenance plans will be required where deemed appropriate. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the county on request. (g) Conditions for disapproval of plan. An ero- sion control plan may be disapproved upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant: (1) Is conducting or has conducted land turbing activity without an approved plan, or has received notice of violation of a plan previously approved by the commis- sion 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 payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any crim- inal provision of a local ordinance adopted pursuant to the Act; or (4) Has failed to substantially comply with state rules or local ordinances and regu- lations adopted pursuant to the Act. For purposes of this subsection an applicant's record may be considered for only the two years prior to the application date. (h) Amendment of plan. Applications for amend- ment 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 the amendment is approved by the county, the land disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved. (i) Failure to file; conducting activity without plan. Any person engaged in land disturbing activity who fails to file a plan in accordance with this article, or who conducts a land disturbing activity, except in accordance with provisions of an approved plan, shall be deemed in violation of this article. (j) All plans, applications and the checklist shall be accompanied by the requisite fee as established in the county fee schedule ordinance. (Ord. No. 20172, § 1% 2-2-93; Ord. No. 96-8-7, §§ 8-10, 8-20-96; Ord. No. 99-34, § 3, 346-99; Ord. No. 99-124, § 1, 12-7-99; Ord. No. 00-0940, § 1, 9-12-00; Ord. No. 01-02-20; § 2, 2-20-01; Ord. No. 03-05491 5-20-02; Ord. No. 03-08-11, § 6, 8-5-03) Sec. 26-229. Appeals from disapproval or ap- proval with modifications of plans. (a) Except as provided in subsection (b) of this section the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: (1) The disapproval or modification of any proposed erosion control plan by the county shall entitle the person submitting the plan to the erosion control officer to a hearing within 15 days after receipt of written notice of disapproval or modifica- tions. (2) Hearings held pursuant to this section shall be conducted by a plan review com- mittee consisting of the county engineer, director of county general services, and the director of planning and development, within 30 days after the date of the appeal or request for a hearing. (3) The plan review committee shall decide appeals within 15 days after the date of the hearing on any erosion control plan. (4) If the county plan review committee up- holds 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 Supp. No. 15 CD26:32 ENVIRONMENT decision to the state sedimentation con- trol commission, as provided in G.S. 113A- 61(c) and Title 15 N.C.A.C. 4B .0018(d). (b) If an erosion control plan is disapproved pursuant to section 26-228(g), the county shall notify the director of the division of land resources of such disapproval within ten days. The county shall advise the applicant and the director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the county's disapproval of the plan pursuant to sec- tion 26-228(g) directly to the commission. (Ord. No. 20172, § 20, 2-2-93) Sec. 26-230. Inspections and investigations. (a) Inspections required. Agents, officials or other qualified persons authorized by the county will inspect the sites of land disturbing activity to determine compliance with the Act, this article, or rules or orders adopted or issued pursuant to this article; to determine whether the activity is being conducted in accordance with an approved plan; and 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 notification of plan approval. (b) Notice of violation; compliance time period specified; enforcement. If, through inspection, it is determined that a person engaged in land disturb- ing activity has failed to comply with the Act, this article, or rules or orders adopted or issued pur- suant to this article, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or by any means authorized under G.S. 1A-1, Rule 4. The notice shall set forth the actions necessary to achieve compliance with the plan or this article, specify a date by which the person must comply with the Act, this article, and inform the person of the actions that need to be taken to comply with the Act, this article, and warn that failure to correct the violation within the time period shall result in the assessment of a civil penalty or other enforcement action. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or inter- § 26-231 fering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforce- ment action shall be initiated. (c) Right of entry. The county shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating anI inspecting the sites of any land disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for purposes of inspec- tion, and who presents appropriate credentials, nor shall any person obstruct, hamper, or inter- fere with any such representative while in the process of carrying out his official duties. (d) Requiring written statements; filing of re- ports. The county 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. (e) Certificate of compliance; issuance. A certif- icate of compliance shall be issued to the person conducting the land disturbing activity upon sat- isfactory project completion. (Ord. No. 20172, § 21, 2-2-93; Ord. No. 96-84, § 11, 8-20-96; Ord. No. 06-04-02, § 5, 44-06) Sec. 26-231. Penalties for violation of arti- cle. (a) Civil penalties. Civil penalties may be im- posed as follows: (1) Any person who violates any of the provi- sions of this article, or rules or orders adopted or issued pursuant to this article, or who initiates or continues a land dis- turbing activity for which an erosion con- trol 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 of this article is $5,000.00. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified Supp. No. 19 CD26:33 COUNTY CODE mail, return receipt requested, or as pro- c. For failure to take all reasonable vided in G.S. 113A-61-1(b), or other means measures to protect public property, reasonably calculated to give actual no- private property, a lake or natural tice. The notice shall describe the viola- watercourse, from damage caused tion with reasonable particularity, specify by land disturbing activities (section a reasonable time period within which the 26-211), $50.00 per day. violation must be corrected, and warn d. For failure to comply with the design that failure to correct the violation within and performance standards for High the time period will result in the assess- Quality Water (HQW) zones as per ment of a civil penalty or other enforce- section 26-247(b), $50.00 per day. ment action. If, after the allotted time e. For failure to conduct a land disturb - period has expired, the violator has not ing activity in accordance with the completed corrective action, a civil pen- provisions of the erosion sedimenta- alty may be assessed from the date the tion control plan which was ap- violation is detected. Refusal to accept the proved by the county erosion control notice or failure to notify the county ero- office, (section 26-228), $50.00 per sion control officer of a change of address day. shall not relieve the violator's obligation to pay such a penalty. However, no time f. For failure to install sedimentation period for compliance need be given for and erosion control devices sufficient failure to submit an erosion control plan to retain the sediment generated by for approval or for obstructing, hamper- the land disturbing activity within ing or interfering with an authorized rep- the boundaries of the tract during resentative while in the process of carry- construction upon and development ing out his official duties. Each day of a of the tract (sections 26-211 and 26- continuing violation shall constitute a sep- 246), $50.00 per day. arate violation. The act clarifies that a g. For failure to provide along trout person may be assessed a one-time civil waters an undisturbed buffer zone penalty of up to $5,000.00 for the day the 25 feet wide or of sufficient width to violation is first detected. confine visible siltation by natural or artificial means within 25 percent of (2) Civil penalties shall be assessed for the that portion of the buffer zone near - violations listed below pursuant to the est the land disturbing activity, which - following schedule: ever is the greater width (section a. For failure to submit an acceptable 26-246), $50.00 per day. erosion control plan for approval as h. For failure to maintain temporary required by this article, $100.00 per and permanent erosion and sedimen- day. Any person who is subject to a tation control measures and facili- civil penalty under this division may ties during the development of the be subject to additional civil penal- site (section 26-252), $50.00 per day. ties for violation of other provisions i. For failure to maintain on graded of this article, or rules or orders slopes and fills an angle sufficient to adopted or issued pursuant to this retain vegetative cover or other ade- article (section 26-228). quate erosion control devices or struc- b. For failure to secure from the county tures (section 26-246), $50.00 per erosion control office a valid land day. disturbing permit (section 26-226) j. For failure within 15 working days prior to conducting a land disturbing or 30 calendar days, whichever pe- activity, $50.00 per day. riod is shorter, after completion of Supp. No. 19 CD26:34 ENVIRONMENT any phase of grading to plant or appropriate division of the general courts otherwise provide exposed graded of justice to recover the amount of the slopes or fills with ground cover, assessment. An assessment that is not devices, or structures sufficient to contested is due when the violator is served retain erosion (section 26-246), $50.00 with a notice of assessment. An assess - per day. ment that is contested is due at the con- k. For failure to plant or otherwise pro- elusion of the administrative and judicial vide ground cover sufficient to re- review of the assessment. strain erosion within 15 working days (5) Any monies received from the collection of or 90 calendar days, whichever is the penalties shall be deposited in the county shorter, following completion of con- planning department's operating budget struction or development (section 26- in order to be used to enforce the purposes 246), $25.00 per day. and requirements of this article. 1. For failure to file an acceptable, re- (b) Appeal of civil penalty assessment. vised erosion and sedimentation con- (1) A person or entity assessed with a civil trol plan after being notified by the penalty must select one of the following county erosion control office of the options within 30 days after receipt of the need to do so (section 26-228), $25.00 notice of assessment and demand for pay - per day. ment: m. For failure to retain along a lake or a. Tender to the county planning direc- natural watercourse a buffer zone of for or county finance office full pay - sufficient width to confine visible ment of the penalty; or siltation within the 25 percent of the buffer zone nearest the land disturb- b. Submit in writing to the county plan- ing activity (section 26-246), $25.00 ning director, a request for an admin- per day. istrative hearing specifying the fac- tual or legal issues to be contested. (3) After determining the penalty, the erosion control officer shall recommend and the (2) Failure to request an administrative hear - county planning director assess the pen- ing as provided in subsection (1) above alty against the person or entity deemed will be deemed a waiver of any and all to be in violation of this article by mailing rights of review, either by the board of by registered or certified mail, return re- adjustment or by the general courts of ceipt requested, or by any means autho- justice, of the assessment of the civil pen- rized under G.S. 1A-1, Rule 4, or other alty. means reasonably calculated to give ac- (3) If the alleged violator requests an admin- tual notice, to the person responsible for istrative hearing, no further demand for the violation a notice of assessment and payment will be made by the erosion demand for payment, which shall include control officer unless a final decision is therein a detailed description of the vio- made by the board of adjustment which lation for which the penalty has been upholds the assessment of a penalty. imposed, the amount of the penalty and the reason for assessing the penalty. (4) Any person or entity who is aggrieved by a final decision by the board of adjust- (4) If payment is not received or equitable ment is entitled to judicial review of such settlement reached within 30 days after decision by the general court of justice, the notice of assessment and demand for superior court division, by proceedings in payment has been received, the matter the nature of certiorari; provided such shall be referred to the county attorney petition for review is filed with the clerk for institution of a civil action in the of superior court within 30 days after a Supp. No. 15 CD26:35 § 26-231 BUNCOMBE COUNTY CODE written copy of the decision of the board is delivered to the aggrieved party, either by personal service or by registered or certi- fied mail, return receipt requested, pur- suant to G.S. 153A-345(e). (5) No provision of this section shall be con- strued to restrict or impair the right of the erosion control officer or the county to pursue any other remedy provided by law or equity for violations of this article, including the right to assess penalties for violations of this article occurring during the appeal process. (c) Criminal penalties. Any person who know- ingly or willingly violates any provision of this article, or rule or order adopted or issued pursu- ant to this article, 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 in- clude a fine not to exceed $5,000.00, as provided by G.S. 113A-64. (Ord. No. 20172, § 22, 2-2-93; Ord. No. 96-84, § 12, 8-20-96; Ord. No. 99-34, § 1, 346-99; Ord. No. 99-124, § 2, 124-99; Ord. No. 01-02-20, § 1, 2-20-01) Sec. 26-232. Injunctive relief. (a) Whenever the planning director or his des- ignee has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, the planning director or his designee may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county for injunctive relief to restrain the violation or threat- ened violation. The action shall be brought in the county superior court. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are nec- essary to abate the violation to ensure that resto- ration is performed or to prevent the threatened violation. The institution of an action for injunc- tive relief under this section shall not relieve any party to such proceedings from any civil or crim- inal penalty prescribed for violations of this arti- cle. (Ord. No. 20172, § 23, 2-2-93) Secs. 26-233-26-245. Reserved. DIVISION 3. LAND DISTURBING ACTIVITIES Sec. 26-246. Mandatory standards. No land disturbing activity subject to the con- trol of this article shall be undertaken except in accordance with the following mandatory require- ments: (1) Buffer zone. Buffer zone standards shall be as follows: a. No land disturbing activity during periods of construction or improve- ment to land shall be permitted in proximity to a lake or natural water- course unless a buffer zone is pro- vided along the margin of the water- course of sufficient width to confine visible siltation within the 25 per- cent of the buffer zone nearest the land disturbing activity. Waters that have been classified as trout waters by the state environmental manage- ment commission shall have an un- disturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturb- ing activity, whichever is greater; provided, however, that the county may approve plans which include land disturbing activity along trout waters when the duration of the dis- turbance would be temporary and the extent of the disturbance would be minimal. This subsection shall not apply to a land disturbing activ- ity in connection with the construc- Supp. No. 15 CD26:36 ENVIRONMENT § 26-246 tion of facilities to be located on, calendar days after completion of any over, or under a lake or natural phase of grading be planted or otherwise watercourse. provided with temporary or permanent Found cover, devices or structures suffi- b. Unless otherwise provided, the width of a buffer zone is measured horizon- cient to restrain erosion. The angle for tally from the edge of the water to graded slopes and fills must be demon - the nearest edge of the disturbed strated to be stable. Stable is the con& area, with the 25 percent of the strip tion where the soil remains in its original nearer the land disturbing activity configuration, with or without mechanical containing natural or artificial means constraints. In order to provide stabiliza- of confining visible siltation. tion and maintenance of graded slopes and fills, a sufficient setback, as deter- c. The 25400t minimum width for an mined by the county erosion control of - undisturbed buffer zone adjacent to ficer, must be provided between all prop - designated trout waters shall be mea- erty lines and the top of graded slopes sured horizontally from the top of (cuts) and the toe of fills. the bank. (3) Ground cover Whenever land disturbing d. Where a temporary and minimal dis- activity is undertaken on a tract requiring turbance is permitted as an excep- a land disturbing permit, the person con. tion by subsection (1)a of this sec- ducting the land disturbing activity shall tion, land disturbing activities in the install such sedimentation and erosion buffer zone adjacent to designated control devices and practices as are suffi- trout waters shall be limited to a cient to retain the sediment generated by maximum of ten percent of the total the land disturbing activity within the length of the buffer zone within the boundaries of the tract during construc- tract to be distributed such that there tion upon and development of the tract, is not more than 100 linear feet of and shall plant or otherwise provide a disturbance in each 1,000 linear feet permanent ground cover sufficient to re - of buffer zone. Larger areas may be strain erosion after completion of construc- disturbed with the written approval tion or development within 15 working of the director. days or 90 calendar days following com- e. No land disturbing activity shall be pletion, whichever period is shorter ex - undertaken within a buffer zone ad- cept as provided in section 26-247(b)(5). jacent to designated trout waters (4) Prior plan approval. No person shall ini- that will cause adverse temperature tiate any land disturbing activity on a fluctuations, as set forth in 15 tract requiring a land disturbing permit N.C.A.C. 2B.0211 "Fresh Surface Wa- unless, 20 or more days prior to initiating ter Classification and Standards," in the activity, an erosion and sedimentation these waters. control plan for the activity is filed with (2) Graded slopes and fills. The angle for the county. Should the plan be filed, ap- graded slopes and fills shall be no greater proved and a land disturbing permit be than the angle that can be retained by issued in less than 20 days from the filing vegetative cover or other adequate ero- of the plan, the land disturbing activity sion control devices or structures and shall may commence. not have fill -slopes steeper than 2 HAV, (5) Onsite meeting. The person conducting nor cut slopes steeper than 1.5H:1V at a land disturbing activity or an agent of maximum of 20 feet in height unless de- that party shall contact the erosion con- signed by a geotechnical engineer. In any trol officer at least 48 hours before com- event, slopes left exposed will, within 21 mencement of the land disturbing activity Supp. No. 15 CD26:36.1 § 26-246 BUNCOMBE COUNTY CODE for the purpose of arranging an onsite meeting with the erosion control officer or duly authorized representative to review and discuss the approved plan and the proposed land disturbing activity. (Ord. No. 20172, § 8, 2-2-93; Ord. No. 96-84, §§ 13, 14, 8-20-96, Ord. No. 99-3-7, § 2, 3-16-99; Ord, No. 00-09-10, § 2, 9-12-00; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-0841, §§ 7, 8, 8-5-03; Ord. No. 06-04-02, § 6, 44-06) Sec. 26-247. Design and performance stan- dards. (a) Erosion and sedimentation control mea- sures, structures and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of runoff from the twenty-five year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National En- gineering Field Manual for Conservation Practic- es," or other acceptable calculation procedures. (b) In high quality water (HQW) zones the following design standards shall apply: (1) 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 an HQW zone shall be governed by this section. Larger areas may be uncovered within the bound- aries of the tract with the written ap- proval of the director. (2) Erosion and sedimentation control mea- sures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25-year storm which pro- duces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National En- gineering 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 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to proce- dures in the United States Department of Agriculture Soil Conservation Services "Na- tional Engineering Field Manual for Con- servation Practices," or according to pro- cedures adopted by any other agency of this state or the United States or any generally recognized organization or asso- ciation. (4) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two hor- izontal to one vertical if a vegetative cover is used for stabilization, unless soil condi- tions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other accept- able ditch liners. In any event, the angle for side slopes shall be sufficient to re- strain accelerated erosion. (5) Ground cover sufficient to restrain ero- sion 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. (Ord. No. 20172, § 9, 2-2-93; Ord. No. 06-04-02, § 7, 44-06) Sec. 26-248. Stormwater outlet protection. (a) Generally. Persons shall design and co"- ththt duct land disturbing activity so at e pos construction velocity of the twenty -five-year storm runoff in the receiving watercourse to the dis- charge point does not exceed the greater of (1) The velocity established by the table in subsection (d) of this section; or (2) The velocity of the twenty -five-year storm runoff in the receiving watercourse prior to development. Supp. No. 19 0D26:36.2 ENVIRONMENT Note: In any case a minimum ten -foot undis- turbed setback to adjoining property at all drain- age outfalls is required. Refer to subdivision ordi- nance for additional requirements section 70-66 general requirements. If the condition in subsection (a)(1) or (a)(2) of this section cannot be met, then the receiving water- course 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 ten percent. In any case a minimum ten -foot undisturbed setback to adjoining property at all drainage outfalls is required. Refer to subdivision ordi- nance for additional requirements section 70-66 general requirements. Note: Detention may be necessary and shall be sufficient to store all excess flows to twenty -five- year frequency twenty -four-hour storm. This is in excess of runoff that would occur from site left in pre -development. (b) Acceptable management measures. Mea- sures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The county recognizes that the management of stormwater runoff to minimize or control down- stream 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 in- creased runoff from areas rendered imper- vious. (2) Avoid increases in stormwater discharge velocities by using vegetated or rough- ened swales and waterways in lieu of closed drains and high velocity paved sec- tions. (3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip -rapped sec- tions to complex structures. (4) Protect watercourses subject to acceler- ated erosion by improving cross sections and/or providing erosion -resistant lining. (c) Exceptions. This rule of this section 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 per- missible velocity for stormwater discharges. Maximum Permissible Velocities M¢terial Discharged Into F.P.S. M.P.S. Fine sand (noncolloidal) 2.5 0.8 Sandy loan (noncolloidal) 2.5 0.8 Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) U 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 13 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) U 1.8 Cobbles and shingles 5.5 13 Shales and hard pans U 1.8 Source. Adapted from recommendations by Spe- cial 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, anI by 0.8 for highly sinuous channels. (Ord. No. 20172, § 10, 2-2-93; Ord. No. 06-04-02, § 8, 44-06) Sec. 26-249. Borrow and waste areas. When the person conducting the land disturb- ing activity is also the person conducting the borTOW or waste disposal activity, areas from which borrow is obtained either onsite or offsite, anI 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 man- agement shall be considered as part of the land disturbing activity where the borrow material is being used or from which the waste material Supp. No. 15 CD26:36.3 BUNCOMBE COUNTY CODE originated. When the person conducting the an 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. (Ord. No. 20172, § 11, 2-2-93) Sec. 26-250. 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 consid- ered a part of such activity. (Ord. No. 20172, § 12, 2-2-93) Sec. 26-251. 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 con- ducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relo- cation 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. These activities must be in accordance with all existing federal, state, and local requirements. (Ord. No. 20172, § 13, 2-2-93) Sec. 26-252. Responsibility for maintenance. During the development of a site, the person conducting the land disturbing activity shall in- stall and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this article, the Act, or any order adopted pursu- ant to this article or the Act. After site develop- ment, 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 in- stalled within a road or street right-of-way or easement accepted for maintenance by a govern- mental agency. (Ord. No. 20172, § 14, 2-2-93) Sec. 26-253. Additional measures. Whenever the county determines that signifi- cant sedimentation is occurring as a result of land disturbing activity, despite application and main- tenance of protective practices, the person con- ducting the land disturbing activity will be re- quired to and shall take additional protective action. (Ord. No. 20172, § 15, 2-2-93) Sec. 26-254. Existing uncovered areas. (a) All uncovered areas existing on February 2, 1993, which resulted from land disturbing activity, exceeding one acre (43,560 square feet), are subject to continued accelerated erosion, and are causing offsite damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices suffi- cient to restrain accelerated erosion and control offsite sedimentation. (b) The county 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 com- pliance, the county shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. (c) The county 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. (e) No fee shall apply to work required under this section. (Ord. No. 20172, § 16, 2-2-93) Sec. 26-255. Restoration of areas affected by failure to comply with sedimen- tation control measures. The county may require a person who engaged in a land disturbing activity and failed to retain Supp. No. 15 CD26:36.4 ENVIRONMENT sediment generated by the activity, as required by section 26-246(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 penalty or injunctive relief autho- rized under this article. Secs. 26-256-26-275. Reserved. ARTICLE VI. JUNKED AND ABANDONED VEHICLES* Sec. 26-276. Authority and purpose. This article is enacted pursuant to the powers granted to Buncombe County by G.S. §§ 153A- 121, 153A432, and 153A-132.2. The purpose of this article is to protect the health, safety, natural scenic beauty, and property values of the county from potential adverse effects caused by the pro- liferation and improper disposal of junked motor vehicles. (Ord. No. 984-3, Art, I, 444-98) Sec. 26-277. Jurisdiction. This article shall be in effect in all unincorpo- rated portions of the county, except areas within the extra -territorial jurisdiction of municipalities; and in any municipality which chooses to adopt this article. (Ord. No. 984-3, Art, II, 4-14-98) Sec. 26-278. Administration. The county director of general services is re- sponsible for the administration and enforcement of the provisions of this article. (Ord. No. 984-3, Art, III, 4-14-98) State law reference —Authority to prohibit the abandon- ment of motor vehicles, N.C.G.S. § 153A-132. *Editor's note —Ord. No. 98-4-3, Arts. I—X, adopted Apr. 14, 1998, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 26-276-26-284, pertained to similar subject matter and derived from Ord. No. 17955, §§ 1-9, adopted July 17, 1984, and Ord. No. 18050, § 1, adopted Dec. 4, 1984. Cross references —Solid waste management, ch. 62; traf- fic and vehicles, ch. 74. State law reference —Authority to regulate, restrain or prohibit the abandonment of junk automobiles on public grounds and private property, G.S. §§ 153A-132, 153A432.2. Sec. 26-279. Definitions. § 26-279 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned vehicle means a vehicle that is left: (1) Upon a public street or highway in viola- tion of a law or ordinance prohibiting parking; or (2) On a public street or highway for longer than seven days; or (3) On property owned or operated by the county for longer than 24 hours; or (4) On private property without the consent of the owner, occupant or lessee thereof, for longer than two hours. State law reference�Similar definition, G.S. § 153A- 132(b). Junked motor vehicle means a vehicle that does not lawfully display a current North Carolina license plate and: (1) Is partially dismantled or wrecked; or (2) Cannot be self-propelled or moved in the manner in which it originally was in- tended to move. State law reference�Similar definition, G.S. § 153A- 132(a). Motor vehicle or vehicle means all machines designed or intended to travel over land (or water) by self -propulsion or while attached to any self- propelled vehicle. Nuisance vehicle means a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, anI unlawful, including a vehicle found to be, Supp. No. 11 CD26:37 (1) A breeding ground, nest or harbor for mosquitoes, other insects, rats or other pests; (2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; (3) A point of collection of pools or ponds of water; MS4 Permit Audit Report Weaverville, NC: NPDES Permit No. NCS000448 Audit Date(s): January 19, 2021 Page 9 of 9 SUPPORTING DOCUMENT 2: Fee Schedule FY 2020-2021 FEE SCHEDULE PAGE 1 OF 4 ZONING “BY RIGHT” & SUBJECT TO SPECIAL REQUIREMENTS Residential Zoning Single Family (attached and detached) and duplex units $50.00 Per unit Beaverdam Zoning District Review $50.00 In addition to applicable fees in fee schedule Steep Slope/High Elevation, Protected Ridge, Blue Ridge Pkwy Overlay $50.00 Zoning Determination Letter $25.00 Flat fee Residential Addition/Accessory $25.00 Multi Family Development (per building shell) 3-10 units per building $200.00 11-20 units per building $300.00 More than 20 units per building $400.00 Re-inspection Work in Hillside Subdivisions, Steep Slope/Protected Ridge/ Parkway Overlays Due to Failure or Inadequacies $25.00 Multi-family Construction Due to Failure or Inadequacies $25.00 Retaining Walls Single Family Residential $50.00 Multi Family, Commercial, Office or Industrial $125.00 Water Supply Watershed Single Family Residential $50.00 Multi Family, Commercial, Office, Indust. $100.00 Manufactured Home Park $75.00 flat fee plus an additional $10.00/ space Commercial Zoning Adult Establishment Business License $1,000.00 Flat fee Entertainer License $1,000.00 Commercial/Office Structure, Addition, or Accessory Structure Less than 10,000 sf $125.00 10,000 sf to less than 50,000 sf $300.00 50,000 sf to 100,000 sf $450.00 More than 100,000 sf $600.00 Off-Premise or Illuminated Sign Permit $100.00 Re-inspection of Non-residential Construction Due to Failure or Inadequacies $25.00 Zoning Determination Letter $25.00 Junkyard Permit Annual Registration $200.00 New Junkyard $200.00 Wireless Communication Facility Application Review and Processing Fee $5,000.00 Annual Renewal $250.00 FEE SCHEDULE Effective July 1, 2020 – June 30, 2021 FY 2020-2021 FEE SCHEDULE PAGE 2 OF 4 Short Term Accommodations Bed and Breakfast $250.00 Flat fee Campground 2 unit maximum $50.00 More than 2 units $250.00 Recreational Vehicle 2 unit maximum $50.00 More than 2 units (PARK) $250.00 Rooming House $250.00 Vacation Rental 2 unit maximum and under 9,000 sf $50.00 More than 2 units, or over 9,000 sf (COMPLEX) $250.00 SUBDIVISION Plat Review $25.00 Flat Fee Exempt Subdivision within Steep Slope/High Elevation Overlay or Protected Ridge Overlay $50.00 Re-review of Plats Due to Failure or Inadequacies $25.00 Hillside Development Individual Lot Plan Review $50.00 In addition to applicable fees in fee schedule Minor / Major Subdivisions Minor Subdivisions 4-10 Lots $75.00 Flat fee plus additional $10.00 per lot 4-10 Lots with Hillside Development $50.00 In addition to applicable fees in fee schedule Revised Plan Review $25.00 Flat fee Major Subdivisions 11 Lots or More $175.00 Flat fee plus additional $15.00 per lot 11 Lots or More with Hillside Development $100.00 In addition to applicable fees in fee schedule Revised Plan Review $50.00 Flat fee Re-inspection of Subdivision Infrastructure $50.00 Flat Fee * Fees shall be double base fee if development of subdivision occurs prior to plan approval Resubmittal of Major/Minor Subdivisions due to Initial Plan Deficiencies $25.00 Flat fee As-built Drawing Review $25.00 Guarantee of Improvements Submittal of GOI $50.00 Renewal of GOI $100.00 Partial Release of GOI $100.00 FY 2020-2021 FEE SCHEDULE PAGE 3 OF 4 EROSION & STORMWATER Erosion & Sedimentation Control Lot in Subdivision Subject to Sec. 70-68, Hillside Subdivisions $400.00 For .25 to less than 1 acre All Properties, One Acre or Greater Disturbance $525.00 per acre, prorated * Fees shall be double the base fee if land disturbing activities commence before obtaining a permit Stormwater Management One Acre $525.00 Flat fee Greater Than One Acre $525.00 per acre, prorated * Fees shall be double the base fee if land disturbing activities commence before obtaining a permit FLOODPLAIN Residential Floodplain Utility Change Out Existing Structure $25.00 Flat fee Single Family Manufactured Home $150.00 Single Family Residential Stick Build or Modular $250.00 Duplex $350.00 Other Single Family Residential Development (Fill, Non-habitable Buildings, Infrastructure) $100.00 Lateral Addition to Existing Building $150.00 Multiple Residential Lots: Land/Site Development $400.00 Re-review of Work in a Floodplain Due to Failure or Inadequacies $25.00 Commercial Floodplain Utility Change-Out of Existing Structure $25.00 Flat fee Commercial Structure Habitable $350.00 Non-habitable (i.e. shed, garage) $200.00 Lateral Addition to Existing Building $250.00 Commercial Lot: Land/Site Development Single lot $350.00 Multiple lots $500.00 Re-review of Work in a Floodplain Due to Failure or Inadequacies $25.00 COPIES Black & White, Legal or Letter Size $0.25 Per page Color, Legal or Letter Size $0.35 Black & White Plotted $15.00 Color, Plotted $15.00 FY 2020-2021 FEE SCHEDULE PAGE 4 OF 4 CASES REQUIRING A PUBLIC HEARING Zoning Text Amendment $500.00 Flat fee Zoning Map Amendment Application $350.00 More than 1 lot $25.00 Per each additional lot More than 25 Acres $200.00 Per each additional 25 acres * Maximum fee per application is $2,000.00 Conditional Use Permit Residential $250.00 Flat fee plus an additional $10.00 per each proposed lot/unit *Maximum fee per application is $2,000.00 Commercial/ Office/ Industrial Development Structures less than 10,000 sf $250.00 Flat fee Structures 10,000 sf to less than 50,000 sf $500.00 Structures 50,000 sf to 100,000 sf $750.00 Structures more than 100,000 sf $1,000.00 Commercial/Office/Industrial Development - More than 25 Acres $200.00 Per each additional 25 acres in addition to applicable fees *Maximum fee per application is $2,000.00 Variance (Includes Variances from Other Ordinances Administered by the Department) Application $250.00 Flat fee More than 1 lot $25.00 Per each additional lot in addition to applicable fees on current fee schedule More than 25 Acres $200.00 Per each additional 25 acres in addition to applicable fees on current fee schedule *Maximum fee per application is $2,000.00 Re-advertisement of Public Hearing due to Applicant Request $150.00 Flat fee Appeal of Zoning Administrator $500.00 STREET ADDRESSING (E-911) Address Determination Letter Fee charged to mortgage companies and other businesses who require a determination letter for address confirmations. This information is also available for free on the Buncombe County GIS system and tax records. Fee is not charged to private property owners or where the E-911 address needs clarification on an issue not available in public records. $25.00 Flat fee Private Road Name Change Fee charged to individuals who own a private road and want to rename it for reasons other than safety or E-911 compliance. $500.00 Readdressing Subdivisions Fee charged to developers with lots or units that have been assigned addresses but later make changes to the lot layout that makes the addresses unusable. 10 Lots or Less $250.00 More than 10 Lots $500.00