(a) Applicability. Except as provided in Section 14-684(b), it is unlawful to conduct any land disturbing activity that will result in the disturbance of land equal to or greater than one acre, or that will result in the land disturbance of less than one acre if part of a larger common plan of development or sale, including without limitation a subdivision, until an erosion and sedimentation control plan has been issued by the County. A project may be developed in phases with separate erosion and sedimentation control plans and land disturbing permits for each phase.
(b) Plan submission. The applicant must provide to the Johnston County Stormwater Manager or designee the number of copies of the Plan as prescribed by the Stormwater Manager at least 30 days prior to the commencement of the proposed activity.
(c) Plan contents. The plan required by this section must contain at least all of the items specified on the Johnston County Erosion and Sedimentation Control Checklist, including an application, administrative fees; 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 erosion and sedimentation control regulations of this article.
(d) Financial responsibility and ownership. The erosion and sediment control plan must include an authorized statement of financial responsibility and documentation of property ownership that complies with following:
(1) Is signed by the financially responsible party for the land-disturbing activity or his attorney in fact, including the mailing and street addresses of the principal place of business of the person financially responsible, the owner of the land, and any registered agents;
(2) 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 article, or rules or orders adopted or issued pursuant to this article;
(3) If the applicant is not the owner of the land to be disturbed, the erosion and sedimentation control plan must include the owner's written consent for the applicant to submit an erosion and sedimentation control plan and to conduct the anticipated land-disturbing activity.
(e) Environmental Policy Act Document. Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environment Policy Act (G.S. 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. Johnston County shall promptly notify the person submitting the plan that the 30-day time limit for review of the plan pursuant to this article shall not begin until a complete environmental document is available for review.
(f) Timeline for decisions on plans. Johnston County will review each complete plan submitted within 30 days of receipt by the Stormwater Manager 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 plan within 30 days of receipt shall be deemed approved. Johnston County shall review revised plan submittals within 15 days of receipt of the revised plan.
(g) Approval. Johnston County shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control. Approval assumes the applicant's compliance with the federal and state water quality laws, regulations and rules.
(1) If no construction activity has begun within three years from the date of permit issuance, the permit becomes null and void.
(2) If the County determines, either upon review of an approved plan or upon inspection of the development site, that the plan is inadequate to meet the requirements of the Act or this ordinance, the County shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the County.
(h) Disapproval for content. The County shall disapprove a plan based on its content. A disapproval based upon a plan's content must specifically state in writing the reasons for disapproval.
(i) Other disapprovals. The County may disapprove a plan if:
(1) Implementation of the plan would result in a violation of the rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters;
(2) The applicant is conducting or has conducted land-disturbing activity without an approved Plan, or has received notice of violation on a previously approved erosion and sedimentation control plan and has not complied with the notice within the time specified in the notice;
(3) The applicant 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.
(4) The applicant 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;
(5) The applicant has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act.
In the event that a plan is disapproved pursuant to this subsection and disapproved after the appeal process established in Section 14-697, the County shall notify the Director of the North Carolina State Division of Energy, Mineral, and Land Resources of such disapproval within ten days. The County shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of Section 14-697(a), the applicant may appeal the local government's disapproval of the plan directly to the Commission.
For purposes of this subsection, an applicant's record or the proposed transferee's record may be considered for only the two years prior to the application date.
(j) Transfer of plans. The County may transfer an erosion and sedimentation control plan approved pursuant to this section without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection.
(1) The County may transfer a plan if all of the following conditions are met:
a. The successor-owner of the property submits to the County a written request for the transfer of the plan and an authorized statement of financial responsibility and documentation of property ownership.
b. The County finds all of the following:
1. The plan holder is one of the following:
i. A natural person who is deceased.
ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved.
iii. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur.
iv. A person who has sold the property on which the permitted activity is occurring or will occur.
2. The successor-owner holds title to the property on which the permitted activity is occurring or will occur.
3. The successor-owner is the sole claimant of the right to engage in the permitted activity.
4. There will be no substantial change in the permitted activity.
c. The plan approval permit transfer fee has been received.
(2) The plan holder shall comply with all terms and conditions of the plan until such time as the plan is transferred.
(3) The successor-owner shall comply with all terms and conditions of the plan once the plan has been transferred.
(k) Notice of activity initiation. No person may initiate a land-disturbing activity before notifying the County that issued the plan approval of the date that land-disturbing activity will begin.
(l) Preconstruction conference. Preconstruction conferences are required with the approving authority for new projects and must be held prior to beginning land disturbing activities. However, preconstruction conferences are not required for single family residential lot level erosion control plans, where a preconstruction conference was held for the overall development plans.
(m) Display of plan approval. A plan approval issued under this article 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 job site.
(n) Required revisions. After approving a plan, if the County 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 County shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. If following commencement of a land-disturbing activity pursuant to an approved plan, the County determines that the plan is inadequate to meet the requirements of this article, the County may require any revision of the plan that is necessary to comply with this article.
(o) Amendment to a plan. Applications for amendment of a 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 County, the land-disturbing activity shall not proceed except in accordance with the plan as originally approved.
(p) Failure to file a plan. Any person engaged in land-disturbing activity who fails to file a plan in accordance with this article, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this article.
(q) Inspections and records. The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall be in addition to inspections required by G.S. 113A-61.1. The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall be in addition to inspections required by G.S. 113A-61.1.
(1) Where inspections are required by Section 14-686(q) of this article or G.S. 113A-54.1(e), they shall be performed weekly and after rain events.
(2) Documentation of self-inspections performed under item (1) of this rule shall include:
a. Visual verification of ground stabilization and other erosion control measures and practices as called for in the approved plan;
b. Verification by measurement of settling basins, temporary construction entrances, energy dissipators, and traps.
c. The name, address, organization affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection shall be included, whether on a copy of the approved erosion and sedimentation control plan or an inspection report. A template for an example of an inspection and monitoring report is provided on the DEMLR website at: https://deq.nc.gov/about/divisions/ energy-mineral-land-resources/erosion- sediment-control/forms. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control plan shall occur on a single copy of the plan and that plan shall be made available on the site.
d. A record of any significant deviation from any erosion or sedimentation control measure from that on the approved plan. For the purpose of this rule, a “significant deviation” means an omission, alternation, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approved plan may also be recommended to enhance the intended performance of the sedimentation and erosion control measures.
(3) Except as may be required under federal law, rule or regulation, no periodic self-inspections or rain gauge installation is required on individual residential lots where less than one acre is being disturbed on each lot.
(Ord. of 6-3-2013; Amend. of 12-13-2023)