Erosion, Flood, Stormwater & Watershed Standards 12.3 Erosion And Sedimentation Control Regulations
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of the town and its contractors and subcontractors must comply with the regulations of this article according to Section 12.3.1.E, below. e. Land-Disturbing activities funded in whole or in part by the County, State or United States. D. Affidavit For Exclusions: Except for exclusions in the event of an emergency, as outlined in 12.3.1.C.1, the owner of the property will be required to file an application for an exclusion and an affidavit stating the use of the property. The Application for Exemption must be filed with the Administrator. The Administrator must review and grant or deny the Application within 30 working days, after receipt of the complete Land Disturbance Permit application (including fees) and provide its decision in writing to the applicant. The erosion and sedimentation control plan must be implemented according to schedule. Failure to meet the conditions of the exemption constitutes a violation of the erosion and sedimentation control regulations of this article and will be retroactive to the granted date of the original exemption. If a complete Land Disturbance Permit application package (including fees) is not received at initial submittal, the application will be automatically disapproved. E. Expressly Applied: The erosion and sedimentation control regulations of this article shall expressly apply to all of the following land-disturbing activities: 1. Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity are considered a part of such activity. 2. 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 North Carolina Department of Energy, Mineral, and Natural Resources: Division of Solid Waste Management, or the Town of Wake Forest, will 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 borrow and/or disposing of the waste, these areas are considered a separate land-disturbing activity. 3. Land-Disturbing activities connected with utility construction over which the State does not have exclusive regulatory jurisdiction as provided in NCGS 113A- 56(a). F. Projects Conducted by the Town of Wake Forest : It is the intent of the town of Wake Forest that all land disturbing activity conducted by the town shall comply with the erosion and sedimentation control regulations of this article. Such projects shall be bound by the provisions for compliance, applicability and exclusions set out in Sections 12.3.1.A through 12.3.1.E. 12.3.2. Erosion & Sedimentation Control Plans A. Erosion and Sedimentation Control Plan Required: Any person engaged in land- disturbing activity, who fails to file a plan in accordance with the erosion and sedimentation control regulations of this article, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan will be deemed in violation of the erosion and sedimentation control regulations of this section. B. Erosion and Sedimentation Control Plan Content: Applications for a Land Disturbance Permit must contain at least all of the information required for Land Disturbance Permits in Section 15.7.2 of this ordinance and all of the items specified on the application checklist. Developers shall include NCG01 plan sheets in with their
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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