H. 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:
i. Agricultural Activities . An activity, including production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to:
1. Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts
2. Dairy animals and dairy products
3. Poultry and poultry products
4. Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats
5. Bees and apiary products
6. Fur-producing animals
7. Mulch, ornamental plants and other horticultural products. For the purposes of this Section, “mulch” means substances composed primarily of plant remains or mixtures of such substances.
ii. Forestland Activities. 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.
iii. Mining . An activity for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the North Carolina General Statutes.
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