Current through Register Vol. 39, No. 6, September 16, 2024
(a) Persons
conducting land-disturbing activity on a tract that covers one or more acres
shall file the erosion and sedimentation control plan with the local government
having jurisdiction or with the Commission if no local government has
jurisdiction. The approving authority shall act on the plan within 30 days of
receipt of the plan or the plan shall be deemed approved. A paper copy of the
approved plan shall be kept on file at the job site. After approving a plan, if
the Commission or local government determines, either upon review of such plan
or upon inspection of the job site, that the plan is inadequate to meet the
requirements of the Act and of this Chapter, the Commission or local government
shall require a revised plan. Pending the preparation of the revised plan, work
shall cease or shall continue under conditions outlined by the approving
authority.
(b) Commission Approval:
(1) The Commission shall review plans for all
land-disturbing activity over which the Commission has exclusive jurisdiction
pursuant to
G.S.
113A-56, and all other land-disturbing
activity where no local government has jurisdiction.
(2) The Commission shall complete its review
of any completed plan within 30 days of receipt and shall notify the person
submitting the plan in writing that it has been:
(A) approved;
(B) approved with modification; or
(C) disapproved.
(3) The Commission's approval with
modification or disapproval of any proposed plan shall entitle the person
submitting the plan to an administrative hearing in accordance with the
provisions of
G.S.
150B-23.
(4) Any plan submitted for a land-disturbing
activity for which an environmental document is required by the North Carolina
Environmental Policy Act, G.S. 113, Article 1, and the Department rules set
forth in 15A NCAC 01C shall be deemed
incomplete until an environmental document is available for review. The
Commission shall notify the person submitting the plan that the 30-day time
limit for review of the plan pursuant to Subparagraph (2) of this Paragraph
shall not begin until the environmental document is available for
review.
(c) An erosion
and sedimentation control plan shall be disapproved unless the application
includes an authorized statement of financial responsibility and documentation
of property ownership. This statement shall be signed by the person financially
responsible for the land-disturbing activity or his or her attorney-in-fact.
The statement shall include the mailing and street addresses of the principal
place of business of the person financially responsible and of the owner of the
land or their registered agents.
(d) Local Government Approval:
(1) Local Governments administering erosion
and sedimentation control programs shall develop and publish procedures for
approval of plans. The procedures shall follow applicable laws, ordinances, and
rules, and shall contain procedures for appeal consistent with the local
government's organization and operations.
(2) Appeals of local government decisions
shall be conducted pursuant to
G.S.
113A-61(c).
(3) The Secretary shall appoint employees of
the Department as he or she deems necessary to consider appeals from the local
government's final disapproval or modification of a plan. Within 30 days
following receipt of notification of the appeal, the departmental employee
shall complete the review and shall notify the local government and the person
appealing the local government's decision that the plan be approved, approved
with modifications, or disapproved.
(4) If the person submitting the plan
disagrees with the decision reached by a Departmental employee, he or she may
appeal the decision to the Commission by filing notice within 15 days with the
Director of the Division of Energy, Mineral, and Land Resources. The Director
shall make the proposed erosion control plan and the records relating to the
local government's and Departmental employee's review, available to an erosion
and sedimentation control plan review committee consisting of three members of
the Commission appointed by the Chairman. Within 10 days following receipt of
the notification of appeal, the erosion and sedimentation control plan review
committee shall notify the local government and the person submitting the plan
of a place and time for a hearing for consideration of the appeal. Both parties
shall be given at least 15 days' notice of the hearing and an opportunity to
present written or oral arguments. The erosion and sedimentation plan review
committee shall notify both parties of its decision concerning the approval,
disapproval, or modification of the proposed plan within 30 days following the
hearing.
(e) The
applicant's right under
G.S.
113A-54.1(d) to appeal the
Director's disapproval of an erosion control plan under
G.S.
113A-54.1(c) gives rise to a
right to an appeal to the Commission. An applicant desiring to appeal the
Commission's disapproval of an erosion control plan shall file with the Office
of Administrative Hearings a contested case petition under G.S. 150B, Article
3.
Authority
G.S.
113A-2;
113A-54;
113A-54.1;
113A-57;
113A-60(a);
113A-61(b);
113A-61(c);
Eff. February 1, 1976;
Amended Eff. May 1, 1990; August 1,
1988;
Temporary Amendment Eff. January 14, 1992 for a period of 180
days to expire on July 11, 1992;
Amended Eff. August 1, 2012 (see
S.L. 2012-143, s.1.(f)); June 1, 1995; February 1, 1992;
Readopted
Eff. April 1, 2020.
