(A) (1) An erosion control plan shall be prepared for all land-disturbing activities subject to this subchapter whenever the proposed activity is to be undertaken on a tract comprising more than one-half acre, if more than one-half acre is to be uncovered.
(2) The plan shall be filed with the Town of Beech Mountain, and a copy shall be simultaneously submitted to the Watauga Soil and Water Conservation District, at least 30 days prior to the commencement of the proposed activity. A copy of the Erosion Control Plan for any land-disturbing activity that involve 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.
(3) The approval of an Erosion Control Plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules.
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(B) Persons conducting land-disturbing activity on a tract which covers one-half or more acres shall file two copies of the erosion control plan with the town 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 town, 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 town will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority.
(C) Erosion control 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 or her 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. 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 subchapter or rules or orders adopted or issued pursuant to this subchapter.
(D) The Watauga Soil and Water Conservation District shall review the plan and submit any comments and recommendations to the Town of Beech Mountain within 20 days after the Soil and Water Conservation District received the erosion control plan, or within any shorter period of time as may be agreed upon by the Soil and Water Conservation District and the town. Failure of the Soil and Water Conservation 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.
(E) The Town of Beech Mountain 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, or disapproved. Failure to approve, approve with modifications or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The town must approve, approve with modifications, or disapprove 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 Town determines that the plan is inadequate to meet the requirements of this subchapter, the town may require any revision of the plan that is necessary to comply with this subchapter. Failure to approve, approve with modifications or disapprove a revised erosion control plan within 15 days of receipt shall be deemed approval of the plan. The town may establish an expiration date for erosion control plans approved under this subchapter.
(F) Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. § 113A-1 et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Town of Beech Mountain shall promptly notify the person submitting the plan that the 30-day time limit for review of the plan pursuant to division (E) above shall not begin until a complete environmental document is available for review.
(G) The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this subchapter. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the Town of Beech Mountain on request.
(H) A local government may disapprove an erosion control plan upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant:
(1) 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;
(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 the payment is due.
(3) 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
(4) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this division (H) an applicant's record may be considered for only the two years prior to the application date.
(I) Applications for amendment 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 said amendment is approved by the town, the land-disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved.
(J) Any person engaged in land-disturbing activity who fails to file a plan in accordance with this subchapter or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this subchapter.
(K) 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.
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(L) A plan approval issued under this subchapter 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 site.
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(1989 Code, Title V, Ch. 51, Art. XVII, § 1715) (Ord. passed 11-14-1995; Ord. passed 12-14-1999; Ord. passed 2-8-2005; Ord. 2021-03, passed 6-8-2021)
Editor's note:
1 Amended December 14, 1999.
2 Added by amendment February 8, 2005.
3 Added by amendment February 8, 2005.