NCS000434_Erosion and Sediment Control Ordinance_20191217

CHAPTER 16
AN ORDINANCE TO PROVIDE FOR THE CONTROL OF
SOIL EROSION AND SEDIMENTATION
Article I
ADMINISTRATION
Sec.16-1. Title
This ordinance may be cited as the City of Archdale Soil Erosion and Sedimentation Control
Ordinance.
Sec.16-2. Purpose
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 procedures through which these purposes can be fulfilled.
Sec.16-3 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 — means 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.
16-1

(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 and Natural
Resources.
(1) Director - means the Director of the Division of Land Resources of the Department of
Environment and Natural Resources.
(m)DischargePoint - means that point at which storm water runoff leaves a tract of land.
(n) District - means City of Archdale and the extraterritorial jurisdiction in addition to any
future Soil and Water Conservation Districts which overlap those boundaries created
pursuant to Chapter 139, North Carolina General Statutes.
(o) 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.
(p) Erosion - means the wearing away of land surfaces 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) Huh 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) Huh Quality Water (HQW) Zones —means, for the Coastal Counties, areas within 575
feet of High Quality Waters; and for the remainder of the state, areas within one mile and
draining to HQW's.
(t) Lake or Natural Watercourse — means any stream, river, brook, swamp, sound, bay,
16-2

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, education, 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 — means 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 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 - means:
(1) the developer or other person who has or holds himself out as having financial or
operation control over the land -disturbing activity; or
(2) the landowner or person in possession or control of the land that has directly or
indirectly allowed the land -disturbing activity, or benefited from it or failed to
comply with a duty imposed by any provision of this Ordinance, the Act, or any order
adopted pursuant to this Ordinance or the Act.
(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 sit of the land -disturbing activity or into a lake or
16-3

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 surface flow of water resulting from precipitation in any
form and occurring immediately after rainfall or melting.
(ii) Subsidiary — means an affiliate that is directly, or indirectly through one or more
intermediaries, controlled by another person.
Oj) Ten -Year Storm - means the storm water runoff resulting from precipitation 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 storm water runoff resulting from precipitation 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 for 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) 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. Overload flows are not
to be included for the purpose of computing velocity of flow.
(pp) Waste - means surplus materials resulting from on -site land -disturbing activities and
being disposed of at other locations.
(qq) Working Das - means days exclusive of Saturday and Sunday during which weather
conditions or soil conditions permit land -disturbing activity to be undertaken.
16-4

Sec. 16-4. Scope and Exclusions
(a) Geographical Scope of Regulated Land -Disturbing ActivitX. This ordinance shall apply
to land -disturbing activity within the territorial jurisdiction of the City of Archdale and to
the extraterritorial jurisdiction of the City of Archdale as allowed by agreement between
local governments, the extent of annexation or other appropriate legal instrument or law.
(b) Exclusions from Regulated Land -Disturbing Activity. Notwithstanding the general
applicability of this ordinance to all land -disturbing activity, this ordinance shall not
apply to the following types of land -disturbing activity:
(1) An activity, including breeding and grazing of livestock, undertaken on agricultural
land for the production of plants and animals useful to man, including, but not limited
to:
i. forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts
ii. dairy animals and dairy products
iii. poultry and poultry products
iv. livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats
v. bees and apiary products
vi. fur producing animals.
(2) An Activity 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.
(3) An activity for which a permit is required under the Mining Act of 1971, Article 7 of
Chapter 74 of the General Statutes.
(4) A land -disturbing activity over which the State has exclusive regulatory jurisdiction
as provided in G.S. 113A-56(a).
(5) An activity which is essential to protect human life during an emergency.
(c) Plan Approval Requirement for Land -Disturbing ActivitX. No person shall undertake
any land -disturbing activity subject to this ordinance without first obtaining a Plan
approval there for from the City of Archdale.
(d) Protection of PropertX - Persons conducting land -disturbing activity shall take all
reasonable measures to protect all public and private property from damage caused by
such activity.
16-5

(e) More Restrictive Rules Shall Apply - Whenever conflicts exists between federal, state, or
local laws, ordinance, or rules, the more restrictive provision shall apply.
(f) Plan Approval Exceptions. Notwithstanding the general requirement to obtain a Plan
approval prior to undertaking land -disturbing activity, a Plan approval shall not be
required for land -disturbing activity that does not exceed 10,000 square feet in surface
area. In determining the area, lands under one or diverse ownership being developed as a
unit will be aggregated.
16-5 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
(1) Standard Buffer. 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.
i. Projects On, Over or Under Water. 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.
ii. Buffer Measurement. Unless otherwise provided, the width of a buffer zone is
measured horizontally 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.
(b) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the
angle that can be retained by vegetative cover or other adequate erosion control devices
or structures. In any event, slopes left exposed will, within 21 calendar days of
completion of any phase of grading, be planted or otherwise provided with temporary or
permanent ground cover, devices, or structures sufficient to restrain erosion. The angle
for graded slopes and fills must be demonstrated to be stable. Stable is the condition
where the soil remains in its original configuration, with or without mechanical
constraints.
(c) Fill Material. Unless a permit from the Department's Division of Waste Management to
operate a landfill is on file for the official site, acceptable fill material shall be free of
organic or other degradable materials, masonry, concrete and brick in sizes exceeding
twelve (12) inches, and any materials which would cause the site to be regulated as a
landfill by the State of North Carolina.
(d) Ground Cover. Whenever land -disturbing activity that will disturb more than 10,000
16-6

square feet is undertaken on a tract, the person conducting the land -disturbing activity
shall install erosion and sedimentation control devices and practices that 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 16-8(b)(5) of this ordinance,
provisions for a ground cover sufficient to restrain erosion must be accomplished within
15 working days or 90 calendar days following completion of construction or
development, whichever period is shorter.
(e) Prior Plan Approval. No person shall initiate any land -disturbing activity that will disturb
more than 10,000 square feet on a tract unless, thirty (30) or more days prior to initiating
the activity; a Plan for the activity is filed with and approved by the City of Archdale. An
erosion and sedimentation control plan may be filed less than 30 days prior to initiation
of a land -disturbing activity if the plan is submitted under an approved express permit
program, and the land -disturbing activity may be initiated and conducted in accordance
with the plan once the plan has been approved. The City of Archdale shall forward to the
Director of the Division of Water Quality a copy of each Plan for a land -disturbing
activity that involves the utilization of ditches for the purpose of de -watering or lowering
the water table of the tract.
(f) The land -disturbing activity shall be conducted in accordance with the approved erosion
and sedimentation control plan.
Sec. 16-6. Erosion and Sedimentation Control Plans
(a) Plan Submission. A Plan shall be prepared for all land -disturbing activities subject to this
ordinance whenever the proposed activity will disturb more than 10,000 square feet on a
tract. Three (3) copies of the Plan shall be filed with the City of Archdale, a copy shall
be simultaneously submitted to any Soil and Water Conservation District at least 30 days
prior to the commencement of the proposed activity.
(b) Financial Responsibility and Ownership. 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 (1) the person financially responsible, (2) the owner of the
land, and (3) any 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. If the applicant
is not the owner of the land to be disturbed, the draft erosion and sedimentation control
plan must include the owner's written consent for the applicant to submit a draft erosion
and sedimentation control plan and to conduct the anticipated land -disturbing activity.
(c) Environmental Policy Act Document. Any Plan submitted for a land -disturbing activity
16-7

for which an environmental document is required by the North Carolina Environment
Policy Act (G.S. 113A-1, et seq.) shall be deemed incomplete until a complete
environmental document is available for review. The City of Archdale shall promptly
notify the person submitting the Plan that the 30-day time limit for review of the Plan
pursuant to this ordinance shall not begin until a complete environmental document is
available for review.
(d) Content. The Plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to
adequately described 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 City of Archdale on request.
(e) Soil and Water Conservation District Comments. The District shall review the Plan and
submit any comments and recommendations to the City of Archdale within 20 days after
the District received the Plan, or within any shorter period of time as may be agreed upon
by the District and the City of Archdale. Failure of the 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.
(f) Timeline for Decisions on Plans. The City of Archdale 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 Plan within 30 days of receipt shall be deemed
approval. The City of Archdale will review each revised Plan submitted to them and
within 15 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 revised
Plan within 15 days of receipt shall be deemed approval.
(g) Approval. The City of Archdale shall only approve a Plan upon determining that it
complies with all applicable State and local regulations for erosion and sedimentation
control. Approval assumes the applicant's compliance with the federal and state water
quality laws, regulations and rules. The City of Archdale shall condition approval of
Plans upon the applicant's compliance with federal and state water quality laws,
regulations and rules. The City of Archdale may establish an expiration date, not to
exceed three (3) years, for Plans approved under this ordinance.
(h) Disgpproval for Content. The City of Archdale shall disapprove a Plan or draft Plan
based on its content. A disapproval based upon a Plan's content must specifically state in
writing the reasons for disapproval.
(i) Other Disapprovals. The City of Archdale may disapprove a Plan or draft Plans if
implementation of the Plan would result in a violation of the rules adopted by the
16-8

Environmental Management Commission to protect riparian buffers along surface waters.
A local government may disapprove a Plan upon finding that an applicant, or a parent,
subsidiary, or other affiliate of the applicant:
(i) 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;
(ii) 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.
(iii) Has been convicted of a misdemeanor pursuant to G. S. 113A-64(b) or any
criminal provision of a local ordinance adopted pursuant to the Act or;
(iv) Has failed to substantially comply with State rules or local ordinances and
regulations 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.
In the event that a Plan is disapproved pursuant to this subsection, the City of Archdale
shall notify the Director of such disapproval within ten (10) days. The City of Archdale
shall advise the applicant and the Director in writing as to the specific reasons that the
Plan was disapproved.
(j) Notice of Activity Initiation. No person may initiate a land -disturbing activity before
notifying the agency that issued the Plan approval of the date that land -disturbing activity
will begin.
(k) Preconstruction Conference. When deemed necessary by the approving authority a
preconstruction conference may be required.
(1) Display of Plan Approval. A Plan approval issued under this article shall be prominently
displayed until all construction is complete, all permanent sedimentation and erosion
control measures are installed and the site has been stabilized. A copy of the approved
plan shall be kept on file at the job site.
(m)Required Revisions. After approving a Plan, if the City of Archdale 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 City of Archdale shall require a
revised Plan. Pending the preparation of the revised Plan, work shall cease or shall
continue under conditions outlined by the appropriate authority. If following
commencement of a land -disturbing activity pursuant to an approved Plan, the City of
Archdale determines that the Plan is inadequate to meet the requirements of this
ordinance, the City of Archdale may require any revision of the Plan that is necessary to
16-9

comply with this ordinance.
(n) Amendment to a Plan. Applications for amendment of a 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 City of Archdale, the land -
disturbing activity shall not proceed except in accordance with the Plan as originally
approved.
(o) Failure to File a Plan. 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.
(p) The landowner, the financially responsible party, or the landowner's or the financially
responsible party's agent shall perform an inspection of the area covered by the plan after
each phase of the plan has been completed and after establishment of temporary ground
cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall
maintain and make available a record of the inspection at the site of the land -disturbing
activity. The record shall set out any significant deviation from the approved erosion
control plan, identify any measures that may be required to correct the deviation, and
document the completion of those measures. The record shall be maintained until
permanent ground cover has been established as required by the approved erosion and
sedimentation control plan. The inspections required by this subsection shall be in
addition to inspections required by G.S. 113A-61.1.
(q) When deemed necessary by the approving authority, a Surety Bond or Letter of Credit to
cover cost of stabilizing the site may be required.
Sec. 16-7. Basic Control Objectives
An erosion and sedimentation control Plan may be disapproved 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 activities are 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.
16 - 10

(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, a Plan is 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.
Sec. 16-8. Design and Performance Standards
(a) Except as provided in 16-8(b)(2) of this ordinance, erosion and sedimentation control
measures, structures, and devices shall be planned, designed, and constructed to provide
protection from the calculated maximum peak rate of runoff from the ten-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) HQW Zones. In High Quality Water (HQW) zones the following design standards shall
apply:
(1) Limit on Uncovered Area. Uncovered areas in HQW zones shall be limited at any
time to a maximum total area of twenty acres within the boundaries of the tract. 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) Maximum Peak Rate of Runoff Protection. Erosion and sedimentation control
measures, structures, and devices within HQW zones shall be planned, designed and
constructed to provide protection from the runoff of the twenty-five 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.
(3) Settling Efficiency. 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 millimeter) 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 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) Grade. Newly constructed open channels in HQW zones shall be designed and
16 - 11

constructed with side slopes no steeper than two horizontal to one 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. 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.
Sec. 16-9. Storm Water Outlet Protection
(a) Intent. Stream banks and channels downstream from any land disturbing activity shall be
protected from increased degradation by accelerated erosion caused by increased velocity
of runoff from the land disturbing activity.
(b) Performance standard. 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 Maximum Permissible Velocities Table set out within
this subsection; or
(2) the velocity of the ten-year storm runoff in the receiving watercourse prior to
development.
If condition (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%.
Maximum Permissible Velocities Table
The following is a table for maximum permissible velocity for storm water discharges in
feet per second (F.P.S.) and meters per second (M.P.S.):
Material
F.P.S.
M.P.S.
Fine sand (noncolloidal)
2.5
.8
Sandy loam (noncolloidal)
2.5
.8
Silt loam (noncolloidal)
3.0
.9
Ordinary firm loam
3.5
1.1
Fine gravel
5.0
1.5
Stiff clay (very colloidal)
5.0
1.5
Graded, loam to cobbles
16 - 12

(noncolloidal)
5.0
1.5
Graded, silt to cobbles
(Colloidal)
5.5
1.7
Alluvial silts (noncolloidal)
3.5
1.1
Alluvial silts (colloidal)
5.0
1.5
Coarse gravel (noncolloidal)
6.0
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
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.
(c) 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 City of Archdale recognizes that the management of storm water
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, while not
exhaustive, 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 storm water discharge velocities by using vegetated or roughened
swales and waterways in place of closed drains and high velocity paved sections:
(3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow
velocities to the point of discharge;
(4) Protect watercourses subject to accelerated erosion by improving cross sections
and/or providing erosion -resistant lining; and
(5) Upgrade or replace the receiving device structure, or watercourse such that it will
receive and conduct the flow to a point where it is no longer subject to degradation
from the increased rate of flow or increased velocity.
(d) Exceptions - This rule shall not apply where it can be demonstrated to the City of
Archdale that storm water discharge velocities will not create an erosion problem in the
receiving watercourse.
16 - 13

Sec. 16-10. 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 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.
Sec. 16-11. 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.
Sec. 16-12. Operations in Lakes or Natural Watercourses
Land disturbing activity in connection with construction in, on, over, or under a lake or natural
watercourse shall minimize the extent and duration of disruption of the stream channel. Where
relocation of a stream forms an essential part of the proposed activity, the relocation shall
minimize unnecessary changes in the stream flow characteristics.
Sec. 16-13. 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.
Sec. 16-14. Additional Measures
Whenever the City of Archdale determines that significant erosion and 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.
Sec. 16-15. Existing Uncovered Areas
(a) All uncovered areas existing on the effective date of this ordinance which resulted from
land -disturbing activity, exceed 10,000 square feet, are subject to continued accelerated
erosion, and are causing off -site damage from sedimentation, shall be provided with a
16 - 14

ground cover or other protective measures, structures, or devices sufficient to restrain
accelerated erosion and control off -site sedimentation.
(b) The City of Archdale shall serve upon the landowner or other person in possession or
control of the land a written notice to comply with the Act, this ordinance, a rule or order
adopted or issued pursuant to the Act by the Commission or by the City of Archdale. The
notice to comply shall be sent by registered or certified mail, return receipt requested, or
other means provided in GS 1A-1, Rule 4. 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.
(c) The City of Archdale reserves the right to require preparation and approval of a 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.
Sec.16-16. Fees
(a) The City of Archdale may establish a fee schedule for the review and approval of Plans.
(b) In establishing the fee schedule, the City of Archdale shall consider the administrative
and personnel costs incurred for reviewing the Plans and for related compliance
activities.
Sec. 16-17. Plan Appeals
(a) Except as provided in 16-17(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 Plan by the City of Archdale shall
entitle the person submitting the Plan to a public hearing if such person submits
written demand for a hearing within 15 days after receipt of written notice of
disapproval or modifications.
(2) A hearing held pursuant to this section shall be conducted by the City of Archdale,
within 15 days after the date of the appeal or request for a hearing.
(3) The agency conducting the hearings shall make recommendations to the governing
body of the City of Archdale within 15 days after the date of the hearing on any Plan.
(4) The Governing Body of the City of Archdale will render its final decision on any Plan
within 30 days of receipt of the recommendations from the agency conducting the
16 - 15

hearing.
(5) If the City of Archdale upholds the disapproval or modification of a proposed Plan
following the hearing, the person submitting the Plan shall then be entitled to appeal
the City of Archdale's decision to the Commission as provided in G.S. 113A-61(c)
and 15A NCAC 4B .0118(d)
(b) In the event that a Plan is disapproved pursuant to 16-6(i) of this ordinance, the applicant
may appeal the City of Archdale's disapproval of the Plan directly to the Commission.
Sec. 16-18. Inspections and Investigations
(a) Inspection. Agents, officials, or other qualified persons authorized by the City of
Archdale 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 sedimentation resulting from land -disturbing activity. Notice of the right to
inspect shall be included in the certificate of approval of each Plan.
(b) Willful Resistance, Delay or Obstruction. No person shall willfully resist, delay, or
obstruct an authorized representative, employee, or agent of the City of Archdale while
that person is inspecting or attempting to inspect a land -disturbing activity under this
section.
(c) Notice of Violation. If the City of Archdale determines 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 1A-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 be taken to comply with the Act, this ordinance, or rules or orders
adopted pursuant to this ordinance. Any person who fails to comply within the time
specified is subject to additional civil and criminal penalties for a continuing violation as
provided in G.S. 113A-64 and this ordinance.
(d) Investigation. The City of Archdale 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) Statements and Reports. The City of Archdale shall also have the power to require
written statements, or filing of reports under oath, with respect to pertinent questions
relating to land -disturbing activity.
16 - 16

Sec.16-19. Penalties
(a) Civil Penalties
(1) Civil Penalty for a Violation. Any person who violates any of the provisions of this
ordinance, or rule or order adopted or issued pursuant to this ordinance, or who
initiates or continues a land -disturbing activity for which a 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 amount that the City of Archdale may
assess per violation is five thousand dollars ($5,000.00). A civil penalty may be
assessed from the date of the violation. Each day of a continuing violation shall
constitute a separate violation.
(2) Civil Penalty Assessment Factors. The governing body of the City of Archdale shall
determine the amount of the civil penalty based upon the following factors:
i. the degree and extent of harm caused by the violation,
ii. the cost of rectifying the damage,
iii. the amount of money the violator saved by noncompliance,
iv. whether the violation was committed willfully, and
v. the prior record of the violator in complying of failing to comply with this
ordinance.
(3) Notice of Civil Penalty Assessment. The governing body of the City of Archdale
shall provide notice of the civil penalty amount and basis for assessment to the person
assessed. The notice of assessment shall be served by any means authorized under
G.S. IA-1, Rule 4, 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.
(4) Hearing. A hearing on a civil penalty shall be conducted by the City of Archdale,
within 30 days after the date of the written demand for the hearing. The agency
conducting the hearing shall make its recommendation to the governing body of the
City of Archdale within 15 days after the date of the hearing.
(5) Final Decision. The governing body shall render its final decision on the civil penalty
within 30 days of the receipt of the recommendation from the agency.
(6) Appeal of Final Decision. 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.
(7) Collection. If payment is not received within 30 days after it is due, the City of
16 - 17

Archdale 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.
(8) Credit of Civil Penalties. Civil penalties collected pursuant to this ordinance shall be
credited to the Civil Penalty and Forfeiture Fund.
(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 a 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 included a fine not to exceed
$5,000 as provided in G.S. § 113A-64.
Sec. 16-20. Injunctive Relief
(a) Violation of Local Program. Whenever the governing body has reasonable cause to
believe that any person is violating or threatening to violate any ordinance, rule,
regulation or order adopted or issued by the City of Archdale, or any term, condition, or
provision of an approved 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 City of Archdale for injunctive relief to restrain the violation or threatened violation.
The action shall be brought in the superior court of the county in which the violation is
occurring or is threatened.
(b) Abatement of Violation. 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.
Sec. 16-21. Restoration After Non -Compliance
The City of Archdale 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.
16 - 18

Sec.16-22. Severability
If any section or 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.
Sec. 16-23. Effective Date
This ordinance becomes effective on January 2, 2008.
16 - 19