(a) Plan submission. A plan shall be prepared for all land-disturbing activities subject to this article whenever the proposed activity will disturb more than one acre on a tract. The applicant must provide to the Johnston County Environmental and Stormwater Manager or designee the number of copies of the plan as prescribed by the Environmental and Stormwater Manager at least 30 days prior to the commencement of the proposed activity.
(b) Financial responsibility and ownership. The erosion and sediment control plan must include an authorized statement of financial responsibility and 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.
(c) 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.
(d) Content. 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 article. Plan content may vary to meet the needs of specific site requirements.
(e) Timeline for decisions on plans. Johnston County will review each complete plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved.
(f) 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. The County may establish an expiration date, not to exceed three years, for plans approved under this article.
(1) If no construction activity has begun prior to the expiration date of the land disturbance permit, the permit becomes null and void.
(2) If construction activity has begun, but the certificate of completion has not been issued prior to the expiration date of the land disturbance permit, the permit must be renewed.
(3) The land disturbance permit may be renewed for a maximum of two years by submitting a request for permit extension 30 days prior to the expiration date. Extension of the original permit approval beyond the maximum two-year renewal period is not allowed. Any change of ownership must be reflected in a revised financial responsibility form.
(4) Projects may be phased using multiple permits. The phasing of a project under a single permit is not allowed. Each project phase requires a separate and independent plan submittal, review fees, permit approval, and payment of applicable land disturbance fees.
(5) Failure to renew the land disturbance permit, in accordance to this section, is the same as failure to submit an erosion and sediment control plan in accordance with this article and may be subject to a civil penalty of up to $5,000 per day. Any person who is subject to civil penalty under this subsection may be subject to additional civil penalties for violation of any other provisions of this article, or rules or orders adopted or issued pursuant to the erosion and sedimentation control regulations of this article.
(6) If the property associated with the approved plan is sold in whole or in part before all conditions of the approved plan are met, the land disturbance permit holder must provide notice to the new owner of conditions of the land disturbance permit and provide Johnston County with revised financial responsibility forms.
(g) 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.
(h) 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) 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) 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) 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 and the Director in writing as to the specific reasons that the plan was disapproved.
(i) Notice of activity initiation. 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.
(j) Preconstruction conference. When deemed necessary by the approving authority a preconstruction conference may be required.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(Ord. of 6-3-2013)