(a) A draft erosion andsedimentation control plan must contain the applicant's address and, if theapplicant is not a resident of North Carolina, designate a North Carolina agentfor the purpose of receiving notice from the Commission or the Secretary ofcompliance or noncompliance with the plan, this Article, or any rules adoptedpursuant to this Article. If the applicant is not the owner of the land to bedisturbed, the draft erosion and sedimentation control plan must include theowner's written consent for the applicant to submit a draft erosion andsedimentation control plan and to conduct the anticipated land‑disturbingactivity. The Commission shall approve, approve with modifications, ordisapprove a draft erosion and sedimentation control plan for those land‑disturbingactivities for which prior plan approval is required within 30 days of receipt.The Commission shall condition approval of a draft erosion and sedimentationcontrol plan upon the applicant's compliance with federal and State waterquality laws, regulations, and rules. Failure to approve, approve withmodifications, or disapprove a completed draft erosion and sedimentationcontrol plan within 30 days of receipt shall be deemed approval of the plan. Ifthe Commission disapproves a draft erosion and sedimentation control plan or arevised erosion and sedimentation control plan, it must state in writing thespecific reasons that the plan was disapproved. Failure to approve, approvewith modifications, or disapprove a revised erosion and sedimentation controlplan within 15 days of receipt shall be deemed approval of the plan. TheCommission may establish an expiration date for erosion and sedimentationcontrol plans approved under this Article.
(b) If, followingcommencement of a land‑disturbing activity pursuant to an approvederosion and sedimentation control plan, the Commission determines that the planis inadequate to meet the requirements of this Article, the Commission mayrequire any revision of the plan that is necessary to comply with this Article.Failure to approve, approve with modifications, or disapprove a revised erosionand sedimentation control plan within 15 days of receipt shall be deemedapproval of the plan.
(c) The Commissionshall disapprove an erosion and sedimentation control plan if implementation ofthe plan would result in a violation of rules adopted by the EnvironmentalManagement Commission to protect riparian buffers along surface waters. TheDirector of the Division of Land Resources may disapprove an erosion andsedimentation control plan upon finding that an applicant or a parent,subsidiary, or other affiliate of the applicant:
(1) Is conducting or hasconducted land‑disturbing activity without an approved plan, or hasreceived notice of violation of a plan previously approved by the Commission ora local government pursuant to this Article and has not complied with thenotice within the time specified in the notice;
(2) Has failed to pay acivil penalty assessed pursuant to this Article or a local ordinance adoptedpursuant to this Article by the time the payment is due;
(3) Has been convictedof a misdemeanor pursuant to G.S. 113A‑64(b) or any criminal provision ofa local ordinance adopted pursuant to this Article; or
(4) Has failed tosubstantially comply with State rules or local ordinances and regulationsadopted pursuant to this Article.
(d) In the event thatan erosion and sedimentation control plan is disapproved by the Directorpursuant to subsection (c) of this section, the Director shall state in writingthe specific reasons that the plan was disapproved. The applicant may appealthe Director's disapproval of the plan to the Commission. For purposes of thissubsection and subsection (c) of this section, an applicant's record may beconsidered for only the two years prior to the application date.
(e) The landowner, thefinancially responsible party, or the landowner's or the financiallyresponsible party's agent shall perform an inspection of the area covered bythe plan after each phase of the plan has been completed and afterestablishment of temporary ground cover in accordance with G.S. 113A‑57(2).The person who performs the inspection shall maintain and make available arecord of the inspection at the site of the land‑disturbing activity. Therecord shall set out any significant deviation from the approved erosioncontrol plan, identify any measures that may be required to correct thedeviation, and document the completion of those measures. The record shall bemaintained until permanent ground cover has been established as required by theapproved erosion and sedimentation control plan. The inspections required bythis subsection shall be in addition to inspections required by G.S. 113A‑61.1.(1989, c. 676,s. 2; 1993 (Reg. Sess., 1994), c. 776, s. 4; 1998‑221, s. 1.11(a); 1999‑379,s. 1; 2005‑386, s. 7.1; 2006‑250, s. 1.)
(a) A draft erosion andsedimentation control plan must contain the applicant's address and, if theapplicant is not a resident of North Carolina, designate a North Carolina agentfor the purpose of receiving notice from the Commission or the Secretary ofcompliance or noncompliance with the plan, this Article, or any rules adoptedpursuant to this Article. If the applicant is not the owner of the land to bedisturbed, the draft erosion and sedimentation control plan must include theowner's written consent for the applicant to submit a draft erosion andsedimentation control plan and to conduct the anticipated land‑disturbingactivity. The Commission shall approve, approve with modifications, ordisapprove a draft erosion and sedimentation control plan for those land‑disturbingactivities for which prior plan approval is required within 30 days of receipt.The Commission shall condition approval of a draft erosion and sedimentationcontrol plan upon the applicant's compliance with federal and State waterquality laws, regulations, and rules. Failure to approve, approve withmodifications, or disapprove a completed draft erosion and sedimentationcontrol plan within 30 days of receipt shall be deemed approval of the plan. Ifthe Commission disapproves a draft erosion and sedimentation control plan or arevised erosion and sedimentation control plan, it must state in writing thespecific reasons that the plan was disapproved. Failure to approve, approvewith modifications, or disapprove a revised erosion and sedimentation controlplan within 15 days of receipt shall be deemed approval of the plan. TheCommission may establish an expiration date for erosion and sedimentationcontrol plans approved under this Article.
(b) If, followingcommencement of a land‑disturbing activity pursuant to an approvederosion and sedimentation control plan, the Commission determines that the planis inadequate to meet the requirements of this Article, the Commission mayrequire any revision of the plan that is necessary to comply with this Article.Failure to approve, approve with modifications, or disapprove a revised erosionand sedimentation control plan within 15 days of receipt shall be deemedapproval of the plan.
(c) The Commissionshall disapprove an erosion and sedimentation control plan if implementation ofthe plan would result in a violation of rules adopted by the EnvironmentalManagement Commission to protect riparian buffers along surface waters. TheDirector of the Division of Land Resources may disapprove an erosion andsedimentation control plan upon finding that an applicant or a parent,subsidiary, or other affiliate of the applicant:
(1) Is conducting or hasconducted land‑disturbing activity without an approved plan, or hasreceived notice of violation of a plan previously approved by the Commission ora local government pursuant to this Article and has not complied with thenotice within the time specified in the notice;
(2) Has failed to pay acivil penalty assessed pursuant to this Article or a local ordinance adoptedpursuant to this Article by the time the payment is due;
(3) Has been convictedof a misdemeanor pursuant to G.S. 113A‑64(b) or any criminal provision ofa local ordinance adopted pursuant to this Article; or
(4) Has failed tosubstantially comply with State rules or local ordinances and regulationsadopted pursuant to this Article.
(d) In the event thatan erosion and sedimentation control plan is disapproved by the Directorpursuant to subsection (c) of this section, the Director shall state in writingthe specific reasons that the plan was disapproved. The applicant may appealthe Director's disapproval of the plan to the Commission. For purposes of thissubsection and subsection (c) of this section, an applicant's record may beconsidered for only the two years prior to the application date.
(e) The landowner, thefinancially responsible party, or the landowner's or the financiallyresponsible party's agent shall perform an inspection of the area covered bythe plan after each phase of the plan has been completed and afterestablishment of temporary ground cover in accordance with G.S. 113A‑57(2).The person who performs the inspection shall maintain and make available arecord of the inspection at the site of the land‑disturbing activity. Therecord shall set out any significant deviation from the approved erosioncontrol plan, identify any measures that may be required to correct thedeviation, and document the completion of those measures. The record shall bemaintained until permanent ground cover has been established as required by theapproved erosion and sedimentation control plan. The inspections required bythis subsection shall be in addition to inspections required by G.S. 113A‑61.1.(1989, c. 676,s. 2; 1993 (Reg. Sess., 1994), c. 776, s. 4; 1998‑221, s. 1.11(a); 1999‑379,s. 1; 2005‑386, s. 7.1; 2006‑250, s. 1.)
(a) A draft erosion andsedimentation control plan must contain the applicant's address and, if theapplicant is not a resident of North Carolina, designate a North Carolina agentfor the purpose of receiving notice from the Commission or the Secretary ofcompliance or noncompliance with the plan, this Article, or any rules adoptedpursuant to this Article. If the applicant is not the owner of the land to bedisturbed, the draft erosion and sedimentation control plan must include theowner's written consent for the applicant to submit a draft erosion andsedimentation control plan and to conduct the anticipated land‑disturbingactivity. The Commission shall approve, approve with modifications, ordisapprove a draft erosion and sedimentation control plan for those land‑disturbingactivities for which prior plan approval is required within 30 days of receipt.The Commission shall condition approval of a draft erosion and sedimentationcontrol plan upon the applicant's compliance with federal and State waterquality laws, regulations, and rules. Failure to approve, approve withmodifications, or disapprove a completed draft erosion and sedimentationcontrol plan within 30 days of receipt shall be deemed approval of the plan. Ifthe Commission disapproves a draft erosion and sedimentation control plan or arevised erosion and sedimentation control plan, it must state in writing thespecific reasons that the plan was disapproved. Failure to approve, approvewith modifications, or disapprove a revised erosion and sedimentation controlplan within 15 days of receipt shall be deemed approval of the plan. TheCommission may establish an expiration date for erosion and sedimentationcontrol plans approved under this Article.
(b) If, followingcommencement of a land‑disturbing activity pursuant to an approvederosion and sedimentation control plan, the Commission determines that the planis inadequate to meet the requirements of this Article, the Commission mayrequire any revision of the plan that is necessary to comply with this Article.Failure to approve, approve with modifications, or disapprove a revised erosionand sedimentation control plan within 15 days of receipt shall be deemedapproval of the plan.
(c) The Commissionshall disapprove an erosion and sedimentation control plan if implementation ofthe plan would result in a violation of rules adopted by the EnvironmentalManagement Commission to protect riparian buffers along surface waters. TheDirector of the Division of Land Resources may disapprove an erosion andsedimentation control plan upon finding that an applicant or a parent,subsidiary, or other affiliate of the applicant:
(1) Is conducting or hasconducted land‑disturbing activity without an approved plan, or hasreceived notice of violation of a plan previously approved by the Commission ora local government pursuant to this Article and has not complied with thenotice within the time specified in the notice;
(2) Has failed to pay acivil penalty assessed pursuant to this Article or a local ordinance adoptedpursuant to this Article by the time the payment is due;
(3) Has been convictedof a misdemeanor pursuant to G.S. 113A‑64(b) or any criminal provision ofa local ordinance adopted pursuant to this Article; or
(4) Has failed tosubstantially comply with State rules or local ordinances and regulationsadopted pursuant to this Article.
(d) In the event thatan erosion and sedimentation control plan is disapproved by the Directorpursuant to subsection (c) of this section, the Director shall state in writingthe specific reasons that the plan was disapproved. The applicant may appealthe Director's disapproval of the plan to the Commission. For purposes of thissubsection and subsection (c) of this section, an applicant's record may beconsidered for only the two years prior to the application date.
(e) The landowner, thefinancially responsible party, or the landowner's or the financiallyresponsible party's agent shall perform an inspection of the area covered bythe plan after each phase of the plan has been completed and afterestablishment of temporary ground cover in accordance with G.S. 113A‑57(2).The person who performs the inspection shall maintain and make available arecord of the inspection at the site of the land‑disturbing activity. Therecord shall set out any significant deviation from the approved erosioncontrol plan, identify any measures that may be required to correct thedeviation, and document the completion of those measures. The record shall bemaintained until permanent ground cover has been established as required by theapproved erosion and sedimentation control plan. The inspections required bythis subsection shall be in addition to inspections required by G.S. 113A‑61.1.(1989, c. 676,s. 2; 1993 (Reg. Sess., 1994), c. 776, s. 4; 1998‑221, s. 1.11(a); 1999‑379,s. 1; 2005‑386, s. 7.1; 2006‑250, s. 1.)
