Skip to code content (skip section selection)
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
ACCELERATED EROSION. Any increase over the rate of natural erosion as a result of land-disturbing activity.
ACT. The North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it.
ADEQUATE EROSION CONTROL MEASURE, STRUCTURE, OR DEVICE. One which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity.
AFFILIATE. A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person.
APPROVING AUTHORITY. The division or other state or local government agency that has been delegated erosion and sedimentation plan review responsibilities in accordance with the provision of the Act.
BEING CONDUCTED. A land-disturbing activity has been initiated and not deemed complete by the approving authority.
BORROW. Fill material that is required for on-site construction that is obtained from other locations.
BUFFER ZONE. The strip of land adjacent to a lake or natural watercourse.
COMMISSION. The North Carolina Sedimentation Control Commission.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT. No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.
DEPARTMENT. The North Carolina Department of Environmental Quality (DEQ).
DIRECTOR. The Director of the Division of Energy Mineral and Land Resources of the Department of Environmental Quality.
DISCHARGE POINT OR POINT OF DISCHARGE. That point where runoff leaves a tract of land where a land disturbing activity has occurred or enters a lake or natural watercourse.
ENERGY DISSIPATOR. 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.
EROSION. The wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof.
GROUND COVER. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.
LAKE OR NATURAL WATERCOURSE. Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond.
LAND-DISTURBING ACTIVITY. 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.
LOCAL GOVERNMENT. 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.
NATURAL EROSION. The wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man.
PARENT. An affiliate that directly, or indirectly through one or more intermediaries, controls another person.
PERSON. 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.
PERSON CONDUCTING THE LAND-DISTURBING ACTIVITY. Any person who may be held responsible for violation unless expressly provided otherwise by this chapter, the Act, or any order adopted pursuant to this chapter or the Act.
PERSON WHO VIOLATES OR VIOLATOR. As used in G.S. § 113A-64, means:
(1) Any landowner or other person who has financial or operational control over the land-disturbing activity; or
(2) Who has directly or indirectly allowed the activity, and who has failed to comply with the provisions of the Act, the rules of this chapter, or any order or local ordinance adopted pursuant the Act, as it imposes a duty upon that person.
PLAN. An erosion and sedimentation control plan.
PROGRAM ADMINISTRATOR. Town Engineer or Town Engineer's designee.
SEDIMENT. 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.
SEDIMENTATION. The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse.
SILTATION. 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.
STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.
STORMWATER RUNOFF. The runoff of water resulting from precipitation in any form.
SUBSIDIARY. An affiliate that is directly, or indirectly through one or more intermediaries, controlled by another person.
TEN-YEAR STORM OR Q10. A rainfall of an intensity that, based on historical data, is predicted, by a method acceptable to the approving authority, to be equaled or exceeded, on the average, once in ten years, or the probability (10%) of a storm of this magnitude occurring in any given year and of a duration which will produce the maximum peak rate of runoff from the watershed of interest under average antecedent wetness conditions.
TOWN. The Town of Clayton, NC; both town limits and extra territorial jurisdiction (ETJ).
TRACT. All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership.
TWENTY-FIVE YEAR STORM OR Q25. A rainfall of an intensity that, based on historical data, is predicted, by a method acceptable to the approving authority, to be equaled or exceeded on the average, once in 25 years, or the probability (4%) of a storm of this magnitude occurring in any given year and of a duration which will produce the maximum peak rate of runoff from the watershed of interest under average antecedent wetness conditions.
UNCOVERED. The removal of ground cover from, on, or above the soil surface.
UNDERTAKEN. 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.
VELOCITY. The speed of flow through a cross section perpendicular to the direction of the main channel at the peak flow of the storm of interest but not exceeding bank full flows.
WASTE. Surplus materials resulting from on-site land-disturbing activities and being disposed of at other locations.
(Ord. 2020-09-07, passed 9-21-20)