Sec. 22-33. Existing uncovered areas.
   (a)   All uncovered areas existing on the effective date of the ordinance from which this section is derived which resulted from land disturbing activity, are subject to continued accelerated erosion, and are causing off-site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation.
   (b)   The erosion control officer will serve upon the landowner or other person in possession or control of the land a written notice to comply with the Act, this article, a rule or order adopted or issued pursuant to the Act by the commission or by the town. The notice to comply shall be sent by registered or certified mail, return receipt requested, or other means provided in G.S. 1A-1, rule 4. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the erosion control officer shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance.
   (c)   The town reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required.
   (d)   This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir.
(Code 1989, § 96.15; Ord. of 5-8-2018)