The following standards shall be met when undertaking any land disturbing activity:
(1) Buffer zone.
a. Standard buffer. No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity. Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area. The 25 percent of the strip nearer the land disturbing activity shall contain natural or artificial means of confining visible siltation.
b. Trout buffer. Waters that have been classified as trout waters by the environmental management commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturbing activity, whichever is greater; provided, however, that the commission may approve plans which include land disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal.
1. Projects on, over or under water. This subdivision shall not apply to a land disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.
2. Trout buffer measurement. The 25-foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank.
3. Limit on land disturbance. Where a temporary and minimal disturbance is permitted as an exception to the trout buffer, land disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten percent of the total length of the buffer zone within the tract to be disturbed such that there is no more than 100 linear feet of disturbance in each 1,000 linear feet of the buffer zone. Larger areas may be disturbed with the written approval of the director.
4. Limit on temperature fluctuations. No land disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in 15 NCAC 2B.0211.
Buffer Zone Near or Not Near Trout Waters
(2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion upon completion of any phase of grading, within 21 calendar days. The angle for graded slopes must be demonstrated as stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints.
(3) Fill material. Unless a permit from the department's division of waste management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other biodegradable materials, masonry, concrete, and brick in sizes exceeding 12 inches, and any materials which could cause the site to be regulated as a landfill by the state.
(4) Ground cover. Whenever land disturbing activity is undertaken which uncovers more than 100 square feet of land, the person conducting the land disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in section 22-26(b)(5), provisions for a permanent ground cover sufficient to restrain erosion must be accomplished within 15 working days or 90 calendar days following completion of any phase of grading, whichever period is shorter.
(5) Prior plan approval. No person shall initiate any land disturbing activity on a tract if more than 100 square feet is to be uncovered unless a plan is filed prior to initiating the activity and approved by the erosion control officer. If the area to be disturbed is one acre or less, a minor plan should be filed ten or more days prior to initiating the land disturbing activity. If the area to be disturbed is greater than one acre, a major plan should be filed 30 or more days prior to initiating the land disturbing activity. The erosion control officer shall forward to the director of the division of water quality a copy of each plan for a land disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table of the tract.
(6) Approved erosion and sedimentation plan. The land disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.
(Code 1989, § 96.07; Ord. of 5-8-2018)