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1974-03-25 SpM ExhibitsHENRY VON OESEN AND ASSOCIATES C O N S U L T I N G E N G I N E E R S TELEPHONE 763 0141 A N D P L A N N E R S 611 PRINCESS STREET P O DRAWER 2087 WILMINGTON, NORTH CAROLINA 28401 March 25, 1974 MEMORANDUM TO New Hanover County Board of Commissioners FROM Henry von Oesen, Henry von Oesen ~ Associates, Consulting Engineers RE Proposed Soil Erosion and Sedimentation Control Ordinance We have had an opportunity to review the County Soil Erosion and Sedimentation Control Ordinance and feel that there are certain items which should be called to your attention from a technical point of view. Let me assure you that we feel that a reasonable ordinance to regulate and control erosion and sedimentation is most desirable and should be accomplished, however, it does appear that there are certain parts of this proposed ordinance which are unclear and which would be difficult to comply with and enforce We take the opportunity of this Public Hearing to comment on those sections which we feel represent problems or inequities. These comments are keyed to applicable sections of the Ordinance and related Guidelines for plan submissions Section 7fib), Stipulates Cover Requirements As written, this can apply to subdivision activities where roadways are being constructed and where it is necessary to continue periodic grading of side shoulders and slopes This requirement could cause difficulties in conformity and enforcement Specifically, it would be undesirable to plant any type of ground cover in the actual roadbed where the developer is proposing to construct a roadway as the presence of any organic materials in the roadbed would be deliterious to the final pavement of the roads themselves .~( MEMORANDUM March 25, 1974 Page 2 Section 7(d); Runoff Rates: We feel that this section, as written, represents the most difficult and inequitable portion of the proposed ordinance. In this instance the ordinance ceases to concern itself with erosion and sedimentation control and becomes a "drainage ordinance". It establishes drainage controls, design and flows to a degree that is not compatable with other regulatory authorities controled by the County, such as zoning It would appear that a sedimentation and erosion control ordinance should require actions that would insure against damage from erosion and sedimentation and assure that such would not occur above certain limits The ordinance states that, "The calculated ten-year frequency peak rate of storm water runoff from the site of a land disturbing activity during construction and after stabilization shalt be no greater than that which would result from a ten year frequency storm water runoff on the same tract prior to the land disturbing activity." We submit that this requirement alone effectively denies the owner the prerogative to develope his properties that have previously been zoned for commercial or any other type of development by the County When zoning classifications are approved some reasonable increase in rates of runoff are assumed and anticipated in the consideration for zoning. It does not seem proper for the government having jurisdictional authority to impose zoning regulations upon lands for their use to then establish unreasonable limitations upon drainage from thosGlands, when used in accordance with the zoning classification. If the land is zoned industrial then normal industrial drainage should be anticipated and allowed from that area. Likewise, if land is zoned commercial it would appear that a reasonable amount of drainage for commercial purposes should be allowed. Under the proposed ordinance there appears to be no way for a developer to subdivide a piece of land and construct the streets and improvements therein without MEMORANDUM March 25, 1974 Page 3 being required to construct the extensive retention facilities into which all drainage would flow and from which these drainage flows would slowly discharge into water courses. This point not withstanding, it should be pointed out that the economic feasibility for construction of any reasonable development project, commercial, industrial or even residential, will not allow for the design of drainage facilities in excess of a storm which has an intensity of 3.5 inches per hour for a 30 minute duration This is currently the basis which is used for design of city streets in Wilmington. It has been used sucessfully for municipal design throughout eastern Carolina for a number of years. Our experience with it has been good This is substantially known as a 5 year storm under a 30 minute duration. We feel that where a reasonable rate of runoff for the zoning classification of the land is established that facilities to control flows within reasonably established rates will be met by those constructing new facilities. Thus, it would appear that if runoff rates are to be established as a part of an erosion control ordinance that such requirements should be reasonably compatable with zoning ordinances for the same area and that equitable runoff differentials be established between those experienced with the land in its natural state and those rates experienced when the land is developed in accordance with the zoning classification and development intent for those same lands. Lastly on this point, it should also be pointed out that the requirement to construct extensive retention basins and facilities could ultimately result in a problem to the County and the taxpayer when these facilities become the responsibility of the County. For example, when roads and other improvements are constructed in a development project, the maintenance and upkeep of the required retention facilities would become the responsibility MEMORANDUM March 25, 1974 Page 4 of the County when said streets and facilities are dedicated Section 7(d), Requirement for submission of design calculations with plans It is suggested that this requirement be changed to read "The basis for calculations", Design analysis by a professional engineer is the tool of that engineer and is priviledged as a skill which he has for sale It has been a long standing principle in the matter of governmental control and review that the basis of design shall be clearly stated and that those undertaking to review and check the work of an engineer should be capable of accomplishing their own design analysis in order to verify the adequacy of the facilities shown. We feel that where differences of opinion may occur then the designer and the person accomplishing the review could discuss the analysis, but the general requirement to submit calculations is a violation of normal profes§ional procedures. This requirement is also included in the Guidelines for plans submission and should be ammended in accordance with the above Guidelines, Section 6(b), Construction Schedule Requires submission of a detailed construction schedule as an intergral part of the plan. It is pointed out that it is extremely difficult at the time a permit is being sought for the owner or his designer to anticipate the exact sequence of operations which a contractor would develop or follow or which would not be subject to revision after a project has been negotiated and is underway We feel that the Engineer can establish a set of requirements to be accomplished during construction and earth disturbing activities, but the actual time schedule and sequence of events during construction is going to have to be prepared by the contractor accomplishing the work. It would appear more MEMORANDUM March 25, 1874 Page 5 appropriate that a condition of granting a permit should be for the contractor to provide this information to the governing authority prior to actually commencing work Needless requirements for this type of information actually result in a burden upon alt parties concerned, including those who are 1't~sP~nt ~bl~. l.e for the regulation aid enforcement. Bad weather, changes in delivery of materials and availibility of equipment, the coordination of subcontractural operations on programs and projects will require a constant change and review and updating of these schedules It would appear that this is not desirable nor necessary in order to issue the permit Such detailed information and revisions may be necessary to properly inforce the ordinance Guidelines, Section 6(c), Erosion Control Requires detailed procedures for establishing ground cover - which will ultimately be approved when the plan is approved It would appear that the first sentence alon,,should suffice. The inclusion of the requirement to specify procedures, quantities of mulching, rates of application, quantities of fertilizer, types of seed and mixtures and other information leads birr~t to differences of opinion and other difficulties The simple requirement to accomplish ground cover to meet a performance standard to prevent normal erosion and sedimentation should suffice If plan submitted is approved and does not provide the desired ground cover after having been adequately placed and prepared by a contractor then it would appear that the regulating agency would have to assume some of the responsibility for the failure because they had in essence actually specified what had to be done, and this proved to be inadequate. In general, it would appear that the ordinance should be confined to establishing reasonable performance standards, without specify~i~ng how the job is to be done. Detailed stipulations of requirements specifying how MEMORANDUM March 25, 1874 Page 6 to accomplish,.performance standards, and finally approving plans that appear to meet these requirements make the regulating agency a party to the plans and they in essence may become at least partially responsible for the end product. This in turn will defeat the intended objectives of the ordinance. Henry M. von Oesen, P. E. • r ~ ~~ ~ ~ ~~~~~~ J' ~l~`~ i~1y name is Murray Seidel, I live ~+-- _ =~t~_r~ r~~Q, College 1~cres, along Clear Ftun Creek. I am here tonight as - 1. an interested citizen; 2. representing my neighbors, who live along Clear Run Creek, and ~ 3. as Chairman of the ~;nvironmental Health Hazards Committee of New Hanover, 13~s~'-a~d~~~~Y Counties 1~ledical Society. I wish to make it crystal clear at the beginning of this that I am not against development i!C)r ouilding in this county. ~'~_Speak,isne~-__~n_ :fav~r.__~f._~,z~: ordinance to-..,~rov~sic_.f-er--th.e_cnn~-r'e-1--o-€-sc~-1- erasion--and ~ sedimen_tatinnn. , ~' ~i: / ,/~ /' ! ~ Wt~~*+--_~ _.- ~- ~ ~~ first visited Wilm ~ngton more than three years ~,~- ~-- , aya, and was struck by the fact that this town was prettier than any town 1" had teen xn preV].OUSIy, ter""- ~_'-l "'"~"} ^a }'- '~ a"''~_ 1 ~a~aZ°~ea. ~iov~wer, in the space of three years, I am seeing here exactly what I and many of ~x you in the audience have seen ten years ago in the rest of tree country, and anyone who doesn't believe me should go visit the entire ivew Jersey seashore and see for yourself. 'i`il~;t i::,, unplanned and-~$x~~~Yxxxxx careless development of available land, wit~i the resultant destruction of the county's natural resources, massive erosion, flooding, s ~.-d-ial_.aY.S, shellfish beds which have all been closed, due to sewaac sedimentation, etc. I ~-~~~ -~-•'-~•~ '''t all of us intend living here for the next ~ 50 years, and that we all like this area because of its natural beauty and weather. `t'herefore, I say that you have only this one chance to develop this county in such away that you can all live with it, for the r~-;~,t of your lives . Anything that we do now, ors.u~a._..._r~:~_~~t~~~:en-~s~g, is a permanent, irrevocable change. `1'0~ date, there has been a nihilistic ., ((~~ 1 ~_' and frontier town attitude, about land"n this area. J page2 It is understandaule that during a period of a boom, after such a long period of economic drought, "the ship has finally come in for everybody" and that most people would like to profit from this. ~t'here is nothing wrong with this, but let's keep one thing in mind, if we are going to develop this area, and enlarge the population, ~ let's do it in such a way that when every one is finished, this is still just as pretty and pleasant a place to live, with as much natural beauty as we had when we started this process. Une doesn't have to go far in New Hanover County to find exam3es of what erosion, due to massive volumes of water off of large parking lots and cleared land can do. The results of such erosion are ugly, ~~rre ~apn damaging to other people's property, and also to the tributary streams that it drains in to, as well as the ultimate receiver of this, that is, the xr~a~ inland waterway area. These floods and massive volumes of water undermine roads, ,may fill in existing dr~..nage ditches or creeks, causing overflows later, or, even worse, by digging out deep channels in between the flooa~s, leaving pools of water, which are breeding grounds for mosquitos, etc. I am certain that we don't want an epidemic of ~ .,~ ~~~ ~~- encephalitis, and we already have enough problems with mosquitoes, not to make more places where they can breed. I am sure that many of you know folks in this area who nave had their property or land adjacent to them damaged, or altered, ~~ who had no recourse, because of the cavalier attitude of "Well, we'll build it, and work out the problems of drainage later." Unfortunately, this has been based, in fact by ~a~ law, that of having to accept your neighbor's water if he is uphill from you, with no xis recourse. How many clam and oyster beds have we closed around here? 'i'he answer is most of them. How many of your favorite water holes that you used to like to swim in, would you go in now, knowing they are so polluted? Page 3 have you noticed how less clear the water is year by year in the inland waterway ~~ ~~*- -~-g.a`~'.~. Ch-a~nel? Pollution is not an inevitable effect of ~~st~t populating an area. Admittedly, there will always be some, but on a massive scale, it is not necessary, and really represents poor planning and lack of regulation and intelligent forethought about the problems. New Hanover County, and probably most of the Southeastern United States, because of its late economic development, is really behind most other enlightened areas in dealing with these problems. P1r. Strauss, ~•rho is Vice President of Kimberly Scott Corporation, and builder of New Center S<7uate, has told us that Floridahas very strict laws concerning land use, and environmental planning, and that developers can and do live with these laws. As a result of them, in the final analysis, there is less destruction of the environment, and everybody is ~~~$ left with a more pleastant result than tYiere would have been otherwise. I happened to have been at the last meeting wile re an environmental impact statement was discussed, and also read some of the propoganda that was mailed out to people before this meeting, so that every builder, developer, and other person interested in the economic growtn of this town would show up and try to stop passage of that, on the basis ~ that it was aimed at stopping development cold in this town. I think it is pure nonsense and a lot of rubbish, sue. ,~ as applied to ordinances like this one. An ordinance like this is not aimed at stopping development, it is aimed at preventing damage that may occurx~, an-dv?._•.r?g u~.. w; .th ~.u~t__t~~t a-A-~ce __to_ -li~.~_ a~ _an~- as ~-Yaleas.ants.-.a....~ora.e.,-_.-aft~.~' _the developmez~~~s._he£oxe it. i3either I, nor any other citizen in this county, can pick up and move his l~t~~~$ house every time he is threatened with inundation by some large shopping center parking lot. It is a recognized fact that this county must have steady, reasonable growth, with replacement of industires, etc., in order to stay economically healthy, and I want this, just as much as anybody else in this room. We don't have to ruin this l~a~~ page 4 county, however, in std order to accomplish this end. What enlightened agt~ Company would like to move its employees to a town that looks like it was built over night, with no order to it, and in some places looks like a bull- dozer ran amuck? '1'Yxere are some obvious benefits of having an ordinance such as this. 1. It will save county government, city government and residents a fortune in the long run, due to decreasing the amount of damage that will occur, decreasing the necessity for clearing out creeks and drainage ditches with draglines and hence causing even more property damage, and repairer of roads that are undermined by flooding. As most of you know, flooding, especially vaitiz massive and rapidly moving volumes of water, can cause an incredible amount of damage. 2. );very time~c a deep drainage ditch in back of a bunch of houses in a development is silted up, the water table in that development ~ inevitably rises, since frequently the drainage ditch was put there in the first place in order to lower the water table, to Help septic tanks function. In areas with marginal septic tank function, prevention of silting up of these drainage ditches would be a tremendous help. i 3.~ 'here are provisions in this~~ ordinance for preserving the beauty of our environment, and I relieve this would help save the natural Leauty of this county. anybody who would like to see prime examples of commercial eyesores need only go to the ~~ffi corner of Shipyard Boulevard and 132, and numerous other shopping centers that btu have been built in tl~iis county, as well as other housmng developments, in which land has been absolutely totally bulldozed $ clean. 4. Having resgulations such as this, and being interested in this type of management ~ax~ improves the area's image, and would help to encourage even more iiign income type businesses to locate here, since it would be quite obvious~t that we are a little bit more enlightened, hopefully, than our ~, page 5 neighbors. 5. It would protect citizens who have essentially everything they own tied up in a zone of property from destructive downstream damage, as we in College Acres are now facing, from the New Center Square Development, and as peopel in Jumping Run Creek in Glen Meade are facing from Oleander de~d.opment. 6. It may also help save Greenfid.d lLake from being silted in, and finally, h~~~ hopefully, this will mark a turn-around or tuning point, where the average homeowner in this county i~egins to receive the protection lie needs instead of tiie so-called special interests doing what they want to all the time. After all, there are more of us than there are of them. At a time when voters feel that their government is unresponsive to them, and leave lost confidence in their government, ~deral, state and local, as is evidenced by recent polls, by passing this ordinance, the average man in thiscounty can feel that his county government is working for him, is responsive to he could him, xsxx~~~~~sss~x~~x~icg and his needs. In essence,/~ feel that his elected officials are doing what is really nest for the community, and not so-called special interests. In summation, I feel this is an extraordinarily well conceived ordinanace, that that could well open the way for dealing with other urgentxa~~x planning and environmental problems in this county, which are recently reaching the acute phase. I think the committee that drafted this should be commended for an outstanding piece of legislation. As all of us know, it is the spirit in which a law is enforced that makes it ~+~~~ beneficial and useful, or a law that makes no lasting contribution to societ~t. As an interested citizen, I urge you to vote YNS mn passage of this ordinance. ~EAGU~i OF WOiJlEN VOTF~S OF NL1~ HANOV~t CnGUNTY q `~c~j JJIr ~1 ,~~j~ ~(J w March 25, (!~ 97~ su ppor~"s The League of titi'omen Voters of New Hanover County ~p~ p~i~ tie passage of the "Soil :erosion and Sedimentation Control" ordinance. A telephone survey of our members shows them to be overwhelmingly in favor of this ord- inance. w'e believe that, if enacted, this ordinance would prevent future occurence of many problems currently plaguing New Hanover residents. In a coastal area such as ours where a high water table can cause severe drainage problems, these problems are compounded when erosion from denuded land is allowed to occur, resulting in blocked drainage ditches, and when water from residential and commercial developments is allowed to drain into residential neighborhoods. This improper drainage causes not only the flooding of yards and homes but also, since we in the county are dependent on septic tanks, constitute: a serious health hazard. These problems can be solved by the measures outlined in this ordinance; the planting; of ground cover and the regulation of runoff rates. use therefore urge its immediate passage and implementation. TYje League of Women Voters would also like to applaud the work of the citizens advisory committee in designing this ordinance to meet the particular needs of our county. • I ti.~}ck~gf~' ~ ~ ~ 7 '~JV -1 ~»"~' .AN OR1?INANCE TO ,PROnIDE FOR DNTROL SOIL EROSION AND SEDIMENTATION ~ ane~ control those activities which result in erosion and. WHEREAS, the Co~axity Con~nissioners of New Hanover County recognise a vital need to minimize sea~.~. erosion and ~ses~irmentat.ion aedmentatioM within New Hanover County;.aac~d f~?HEREAS,~ the North Carolina !Genera]. Assembly;. through ,, Chapter 393 of the Session Laws of North Carolina,. 19?_~, end other .laws, has delegated to local governments the power to contx+ol.activities csusing soil mroaion and sedimentation;. and Tr~R~AiS, the NaaW Hanover County Commssioner~a desire,. to exercise such power; NOW, TkIEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS ~~ New HANavER cOUNT~r "Soil Eras.ion ~d Sedimentation Control." Seection 1. fiitle .. This ordinance shall be known and may be cited as the "New Hanover County "oil Eltosian and Sedimentation Control" ordinance. Section '2. This ordinance ~Ls adopted: Cl? for the purpose of regulating 1and~d3sfiurbng seti~-ity involving clearing, grading,_exoavatio~, ~~~~ filling. and other manatpu].atan of the ~aarth and the moving and?~f steering of waters in order to,: preveAt unnecesmary soil erosion aid ~sedim®ntat~.on, maintain. the balance of nature, prevent the obstruction of natural and artificial drainageways, inhibit flooding, and reduces the undermining of roads and other. transpor .moon s 2 facilities and ('~ fQr -dhe purpose of establish~.ng procedures -through which the above purpose can be fu.~.f~.lled. Notwithstanding the pro~risions. _of .Section ~ f , g. and. h, here%n, the Board ref .County.. ~ommass.ion-ers of. 1~ew .Hanover C4auat~r hereby declares its intent. that a3.1 o,f the. degax+tments..and. agencies of the Co11Yl'tSi of. N:ew .TIanQ~er.g.. a.ts contraetora..and..sub.~ contractors, and the ineo~po~-atecL...munica.palities- there.i~a.,..wh~- by ordinance agree, shah.. oQmpiy .~a3th~ th.e..reg~a~.at.ions. act forath. in this ordinance. Section 3. ~efin.tions. ,. ~,..7... _ .-w. except where the conte:~t c,iear3.y ia~dicates. ca•ther~a.ise, the. fa3lca~aiug terms sha1~. haue tie following ~aean~.ngsr~- ... _ ._ _ a: Aceel.erated Erosion -~ .means.. a~ay...increasen..ovex the_ rate._.of natural erosican as a resu~.t.. of. ~,aAd.-~disturb~ing .activit~.e.s. b. Active Construc•t3on -~ means .ac.ti~°at.ies ~ah•+c~a. ,contribute..d3rectly to the comp3.e tion ©f~ xaoa~.ities contemplated or .shown_. can. t~~:e construCt'i027t p~.a~.s. .~. W c, Ade oats Eros~.an Control ~.easure ~:..S•~cac:~ure.,. or Dreviae. - : means one wh~.ch controls the s~oi1 .~aateria~. within the Zand area under responsib3e c©n~r©1 of the per..son conducting the Land- .~ disturbing ac$iwity. d. An~,„le of Repose _for Sat.ur..ated .Sail Condit3.ons -means the angle of maximum scope at which a heap of any loose soil, thoroughly soaked with moisture, will stand without sliding. (GS i13A-52y ~._...,/ e. Buffer Zane -~ ffieans the strip of land adjacent to a .:~~. °er~. streams bays sounds t:~da1 marshy lake or other natural ware°~ course. the width of which is measured from the edge c the water to the nearest edge of the disturbed land. f. Conservation Division - the conservation division o~'14~:w Hanover County4 g. Denuded Area -- any area depr~.ved of its protective v~~~;g~tati ~~ or other natural or artificial cover and left in t~a.at ~,xpos y~3 condition. ha D~.s -- means sower Cape Fear Soil and Dater Can.sex~:-atio_~ District created pursuant to Chapter 139g North Caro~.ia.~a General Statutes. id Eros -~ means the wearing away of land surface by tb-a action of windy waterq gravity ar sny combination thereof 4 ~GS'I'13A-°5~~ j. Ground Cover -- means any natural vegetative gro~n=th or ether material which renderu the soil surface stable agains-l= eros~.~~~~,; k.~ fake,- ffieans any natural or impounded body of waters 1. Land-disturbing Activity _ means any use of the land b~~ man. Y in residentisl~ industrial$ ar commercial development 4. and highways road anal street, sidewalks drainages and util~.ty construction and maintenance that results in a change in the natural cover ar topagrap`my and that may cause or con- tribute to soil erosion anal sedimentation. m. Natural Erosion - means the wearing away of the earths surface by water,, icQ~ or other natural agents under natural envirorz- mental candita.on.s undisturbed by mangy n~ Natural. Watercourse «~ means a conta.nua~.1~ flawi~ag stx~e .m or 'body of water o. Pew - merans any individuals partnerships fira~.s also .iati~ point venture. public or private corporations trexsts a tats ca~.ssaon $ boards public or private institut~.on g ~atil t~ ~ cooperative ~ intersta~~~e bode or other legal entit~a, (-S'113. ; ~ ~ p4 Parson F ,,,€~in or ~onduct~.n~ hand-T?isturbin.~ A.c~~ivi ~ means the individua3s partnerships firms associatip~na Dint ventures pub~.ic or private corporations. trusts egtateg commissions boards. public or private institution9 ea~til ty$ cooperatives interstate bodys or other legal. entit~,r f'i_.wanci~: ~~ responsib3.e for the land disturbing activitya q~ Phase of Grad~.n.t~ - mesn.s "raugh'r or: "fine" gradin.~., rp Pian -means eros.~.on and sedimentation control planet sn Sedgy ant -means so~.:~d particulate matter, both mine~°a and organic9 that has beau moved from its sate of origin a.d is in suspension in water„ (GS'1~i3A-~5~) t¢ Storm Water Runoff - ~.eans the direct rtan-off of wa~.er ~esul from precipitation in s~ form. uW ~.`ract -~ means all continguous land and 'bodies of water in o ownership9 or continguous land and bodies of water iu "fivex ownerships being deve~.oped as a unit a:~though not necesari]., a~.I at one time. v,~ Uncovered w means the removal of ground cover Proms. on, or above the soil su"face w. undertaken -means the initiating of any activity or pha,ae of activity which results or will result in a change in the ground cover or topography of a tract of land. x. Visible siltation -means sediment which is ffieasurable c<~~ the ground, asp a lake or watercourse 9 or which is bef,ng transported by water and is settleable in measurable qua:~.titi.?= under quiescent conditions. ye ktozking ~7aJs -means days exclusive of ssturday and Sunday during which weather conditions permit land-disturbing avtivit to be undetl~aken. (GS113,Aw~2) section 4. scope and Exclusions. This ordinance shall apply to all land--disturbing acti~r~.ties undertaken by any person, with the following exclusions a. Land-d~.sturbing activities undertaken on agricultural land, but not litru.ted to. forage and sod crops, gra~.n and fe®d crops, tobacco, cotton, sad peanuts; dair~r animals and dairy products poultry and poultry prac~.ucts~ livestock,. including the br®eding and grazing of any or all such animals; 'bees and apiary products; fur an3.r~~als~, b. Land-disturbing activities undertaken on forest lanr". for the production and harvesting of timber and timber ~;ro- ducts. c. Land-disturbing activities undertaken by persons who are otherwise regulated by the provisions of G.S. 74--46 through G. S p 74-68 9 the JM3.ning .Act of 1971. d. Land-disturbing activities conducted by the state. ~.- ---- 6 e. Land-disturbing activities conducted by the United. States. f. Sand-disturbing activities conducted by local gover:~ment g. Land--_-disturbing activities ~.icensed by the United States or h. Land--disturbing activities financed in whole or in.psrt by the State or United States. i. Land-disturbing activities at any one time, at any one site, that do not exceed 43s56C square feet (one acre} in surface area. In determining the area, contiguous lands under one ownersl~i.p will be aggregated. ~. Sanitary landfills conducted under the regulations of N. C. State Board of Health. Section 5. P~~s,. Except as provided in Section 4 herein, all persons whc pro- pose to undertake any land-disturbing activities mus~,.~rst obtain e permit from the Conservation Division. Permits may be obtaine3 by submitting the required application form, the required plans, and data,. payment of the required fees, and by obtaining approval of the proposed pro,~ect. No proposed work may start until a valid permit is approved by the county, and posted on the site. Section 6. ~,p~y„_roval of Plans. .., ... a. Comments upon and other handling of preliminary soil erosion and sedimentation control plans shall proceed in an expeditious manner. bo A copy of each soil erosion and sedimentation co~t~:+ plan shall be submitted to the sower Cape pear Soil and We~,+~~^ Caneervatian District at the same •~ime a copy thereof is su~•- mitted to the County of New Hanover far approvals Such !plan.. to meet the standards set forth in Sectzon 7« The Lower CaXe Fear Soil and Water Conservation Tiistra.ct, within 20 calend~~.r days after receipt of the proposed plan, or within such add3_tionai time as may be prescribed by the County of ~Tew Hanover, sha1.I rero-fet.,, the soil erasion and sedimentation control plea and submit ~.ts comments and recommendations to the Conservation Divisions Fa~.~.ure of the Soil. and Water Conservation District to subm~..t its comments and recommendations within 20 calendar days or within the prescribed additional time sha11 not delay final action on the proposed plan by the local governments c. The county, upon receipt of each soil erosion and s~~di- ~antation control plan submitted to it, shall cause a review of such plan to be made by the Conservation Division, which shall notify the person submitting the plan that it has been approved, approved with modifications, or disapproved within 3tJ calendar days of receipt« Ho plan shell be approved unless sad until. it complies with all applicable State and county regulations for so~.l erosion and. sediment control. d. Application for amendment of an erosion control plan in written and/orgreph~..c form may be m$de at ax~y time under the same co~aditions as the original applications Until such time aye said ~ ~ -~ ~ amendment is apgroved by the county the land--dic~turbing acti~ritie shall proceed in accordance with the erosion control plan as arigi Wally approved. Section ?. 6tandards~ a. Ex;.stix~ uncovered Areas. All uncovered areas existing; on the effective date bf this ordinance which resulted from ;~and~- disturbing activities exceed one contiguous acres and are su~ject to continued accelerated erosion and are causing off-site damage, shall within 60 days provide approved temporary protection measure>~ i and4 shall within 'ISU days be provided with a ground cover or other protective measuresy structures9 or other apgroved eros~.on control measures by the owner sufficient to restrain erosa.on on that portion. of the tract upon which further active construction is xtot being undertaken providing that this section shall not apply to areas under the jurisdict~.on of another State Agency administering an erosion and sedimentation control program approve~~ by the Commia~.on. b~ Cover Re airs ant, Whenever lard-disturbing activity is undertaken on a tract comprising more than one acre9 if more ~~han one contiguous acre is uncovered, a ground cover sufficient to restrain erosion must be planted or oth~rrwise provided within ?~`~ working days on that portion of the tract upon which. ~urthQr active coastruction is not being undertaken provided, that this subsection (b~ shall, not app3.y to cleared land forming the basin of a reservoir later to be inundatedo a o 9 ~~ c. Buffer Zonep No land-disturbing activity shall be p~.;r- miffed in proximityta e river, stream, bay, sound, lake, tidal marsh or other natural watercourse unless a buffer zone is pro- vided along the margin of the watercourse of sufficient width to confine the visible siltation within the twenty-five percent (2~) of the buffer zone nearer the land-disturbing activity, provided, that subsection (c) shall not apply to a land-disturbin€ activity in connection with the construction of facilities try be located on, over,. or under a lake or natural wateraoursem d. Runoff Rates„ During and after construction on each land- disturbing site to which this ordinance applies, provision shall be made on or off tba site, for erosion and sedimentation control measuresa The structures, devices and methods shall be so plan- ned, designed, constructed, and maintained as to provide effective protection from the calculated peak rates of runoff from a ten- f year frequency stormm Runoff rates shall be calculated, using the recognized and accepted engineering procedurese The cal- culated ten-year frequency peak rats of storm water runoff from the site of a land-disturbing activity during construction and after stabilization shall be no greater than that which would result from a ten--year frequency storm water runoff on the same tract prior to the land-disturbing activ3.tya This standard shall not apply to sites of one ('t) acre or less in size unless such site is part of a larger subdivision or other project area which, when fully developed, will generate a more significant amount ~-f runoffo All calculations and pleas for °10 impoundment structures and areas must receive the approv,~l a~` the Conservation Division before a building permit may be issued. e. C~.rol Du~inR Construe. During construction, soil erosion and sedimentation control practices and devices shall be employed to control soil losses from each land-disturbing ~I.te. f. Guidelines for Erosion and Sediment Control Practices. All erosion c~t~ntrol plans shall conform to the minimum applicable engineering procedures. The specifications and procedures i.n- chided in Why following publications may be used for preparing and reviewing development plans, as well as e~~aluating work per- formance on site. '{. 'YGuides for Sediment Control Construction Sites in ~4e,~rth Carolina", as prepared by USDA, Soil Conser- va~:ion Service and on file at any Soil and Water Conservation District Office. 2. "Guidelines for Erasion and Sediment Control Pla~:~nin~ and Im~c~lementatioxti" 9 (EPA-R2-?2-015) Augus•t~, '172, as prepared for the Office of Research and M~~nstoring, `C3. S. Environmental Protection Ageney, ar%~ available from the S~tperinte~.~_dent of Documents, U. S. Govern- ment Printing Offa~, Washintston, D. C. m~,,oY' 3. Others g"~iidelia~ae s or mea surea a s may ~e developed by the Conservation Divisions and Qp~arpvLcl b `-F~i~..: Caun~- ~ornm~s~tra/~e ~.c. g. Maximum S' o e. ~o slope n~.ay~e graded ;o en angle greater than the angle of repose for saturated sail ccaditioas applicable ~'1 for the type of soil involved unless the soi3. an such slope i.s retained by some adequate +arosion control:~ing structures gro~~d cover or device Zn any events soi"1 left exposed shall within ~a wow days of completion of any h~a ass of land--disturbing activity be planted ar otherwise provided with a ground»cover sufficient to restrain erosion. h. Additional t~essures. If the county determines that significant erosion is flccuxri.ng on a disturbed site despite application. and maintenance o.f the approved protection practices$ ,. the person respons~.ble for the land-~disturbed activity Hatay be required to take additional protective actions im Areas Nat otherwise Covered. Notwithstanding the pro- visions of Section 4ry when it is determined that severe offsite erosion and/'or sedimentation occuz.° as a result of any land-~ disturbing activity regardless of the size of the situ remedial action shall be taken within ten calendar days of notifications ~.. Notification shell be submitted in wx^iting by the Conservatlon Slivision and receipted by the owner or agent responsible for the damages Section 8o Inspections. ad The determination of whether a land-disturbing activity complies with its approved soil erosion and sedimentation control plan and with the conditions under which the County has issued permits for it sham. be made through a system of on-site inspec- tionso Notice of the countyQs right to make such inspections shall be included ixt. the certificate of th® plans approval. The inspection shall be made by the Conservation division to determine whether the measures required in the plan are efi"~ective in contxalling erosion and sediment resulting from the land-disturbing activities. be If, through inspectioa~, it is determined that a person engaged in. a laaad-disturbing activi~.y has failed to comply with the plan, notice of such failure and a direction to comply shall eserved upon that person by' certified mail The notice shall set forth the measures required to achieve compliance with the plan and it shall state the time within which such measures must be completed. If the person engaged. in the Land-disturbing activity fails to comply within the tame specified, he shall be deemed to be in 'violation of this ordinance and no further land--disturbing activity sha11 be allowed until specific written approval is giveaa by the countyo Section ~. F_ ees. The fees charged by the Gounty for the admin.a.stration 8nd enforcement of this ordinance shall be prescribed by the County Board of Commissioners, Section '!0, Appealso ao The disapproval or modifications of any proposed erosion control plan by the Conservation Division shall entitle the person submitting the plan to a public hearing if such person stabaaits written demand to the Clerk to the board of County Commissioners for a hearing within 't5 days after receipt of written not3.ce of disapproval or modificationo i~ b. Hearings head pursuant to this ;:~ection sha~.l be con-• ducted by the County Commissioners at their next regularly achedu~®$ meetings provided the request is received in writing by bid Wedn®sd~y prior, ca As provided by general law (now codified as Go 5q 'IO~B--'f0) every decision of the Board of County Coffimisaip~~,ers on such an ~-ppeel shall be subject to reva.ew by the Superior Court of New Hanover County by proceed$ngs in the nature of cer•i,iarari,~ Pending the final disposition of such appear no act~~.on shall be taken which would be unlawful in the absence of a ~~erffi~.t issued under this ordinance Section '1°1a Penalt~.esg sa Civil Pena~.tiesa (1) .Any Person who violates any of the provisions G:F° this ordinance9 cr rule or order adapted or issued _ pursuant to this ordinan.ce~ or whr, :~.~.tiates or con.-- times a Land-disturbing act~.vity for whach an. erosion control plan is required except in accordance with the terms, conditions and provisions of an appro~ted plan shall be subject to a civil penalty of not more than ~'~OOo No penalty sha11 be assessed t~nta.l a person alleged to be in violation has been notified by certif~.ed mail of the violation. Each day of a cantin~aing viola-~ tioxa shag~L cansti.ttate a separate vao~.ation~ (2) The Board of Co°oxaty Commissioners sball deter-~.ne the amount of the c~.vil penalty to be assessed under this subsection and sha11 make written '~mand for payment upon the person in vio~.ationg and shall yet forth in detail e description of the violation for whicY the penalty has been imposed. In determining the amount of the penalty the County Commissioners shall consider the degree and extent of harm caused by the violation .nd the cost of rectifying the damage. If payment is zit received or equitable settlement reached within 6Q isys after demand for payment is made9 the matter shalll.~e referred to thy- New Hanover County Attorney for institution of a civil action in the name of the County of New Hanover in the appropriate division of the General Court of Ju;t.ice far recovery of the penalty. .Any sums recovered sY~.~l be used to carry out the purposes and requirements ~f this or8.inanced b, Criminal Pensltieso Any person wr c~ kn.owin~ly or w~a.ll ~"~ a ~ iy violates any provision of this ordin~-acet or ru~.e or odder adopted or issued pursuant to this ccdinance~ or who knotringly or willfully initiates or continues a land-disturbing activity for which an erosion control plan ~s required except in accor- dance with the terms9 conditions a,'s1d provisions of an approved plan, shall be guilty of a misdemc~;nor punishable by imprison- ment aot to exceed 90 days, or by a fine not to exceed ~5g400, or by both in the discretion r~f ~I:he court. Section '12o Iniur.ctive Rela.ef < s® Whenever the Board of County Commissioners has cause to believe that any person is vl.olating ar threatening to 15 violate this vrd~.nanwe or any rule or order adopted or issued pursuant to this ordinances or any terse car~di.tian, or pro- vision of an sgproved erosion control plans it maye either before or after the institution of any other action or pro- ceeding authorised ~y this ordinance$ ~.nstitute a civil action in the name of the County of New Hanovere far injunctive relief to restrain th® violation ar threatened vialationb The aCt3.On shall be brought in the Superior Court of New $anover County,. ba Upon. d®termi.natian by a court that an alleged violation is occurring or is threatened, it shall enter such orders ar judgments as are necessary to abate the violation ar to prevent the threatened vio:iationb The ~.n.stitution of an action for in,~unctive relief under this saction shall not relieve ax~g party to ~xch proceeding from any civil or criminal penalty prescribed for vivlstions of this ordinance. eo. Nothing in this ordinance shall restrict any right which any person or class of pervons may have under any statute or common law to seek in.~unctive or other. relief. Section '13. Separability t%~.ause~ If any provision of this ordinance or the application there- of to eny person. or circumstance is declared ~ts~ be invalids such inva~.idity shall not affect other provisions or applications of the ordinance which can be given affect without the invalid provision or spplication9 and to this end the provisions of this ordinance are de~.ared to be sev~erable~ ~~ Section 1~4~ Effective 17ate,~ This ordinance shall becoaae effective om and after 1 ~ /..,,..,~,,,~a ,~ f.,Y ~~I~EL STANDARD ~~~C'~.TIONS -FOR cocrrrr~ of NE~r ~ovEA, No~rrH cARazzNA Def3.n,ition A plantbr carrying out land-disturbing activities in a manner that will hold erosion and sediment damages to a mini rum. Ptiu'~po s+~ The purpose of this standard is to provide instructions far pfieparing detailed plans for altering the ground surface for the following purposes in a manner that will control soil erosion and sedimentation during and after construction: 1o Provide morn suitable sites for buildings fac:~lities and other land uses. 2. Improve surface drr~inago. 3. Control erosion and sedinsenta~Y~ion. Conditions ~h.ere Practice Apes This standard is applicable to all arses covered by the "New Hanover County Soil Erosian and Sedimentation Control Ordinance" as adopted by the County of ~1'ew Hanover. Check fist For Soil Erosion P1an.s (AlI plans must include the foZlow~.n~; information in the fora requesteii b+~fore being rev~.ewed A `~ '`1 ~ `~' Data Required The plans9 epecificatipnse timing schedule, and the application sha11 be submitted to and approved by the Conservation Division prior to the comet®ncement of any such activity and shall in- clude the following dates 'I. (a) A vicinity map drawn to a scale adequate to show the relationship of the site to its general surroundings (b) A plan of the site drawn to a scale of such size suit- able for review (gen.erally the same scale of the project plan) ,showing {1) The boundary 1~.nes of the site on which the work is to be performed including the appro~S.mate acreage of the site. (Clearly delineate on the plan the extent of the proposed denuded area and state the amount in square feet or acresd) (2) E~.sting topography on the site and on land adjaeeu.t to the site within, one hundred ('!00) feet of the siteq boundary lines, including the location of any bui3.dings8 structures utilities, sewers water and storm drains wooded areas and other significant natural features. The topographic map shall show two-foot contour intervals. Such topography shall be delineated for the land area with3.n the pro~eet and extending '100 fee's 'beyond the project bouridaxYy. All elevations shall be based on U.S„G.S. ]~tSL datum6 „ ~~ ~.~ ~) -y' C3} Proposed imprave~-ents on the sites including present development and future utilization, if known. (4} All drainage provisions, erosion and sediment control measures, vegetative practices or other protective 8evices to be constructed in connection with or as part of the proposed worko (5} Provisions for erosion control during construction (temporary} and during the life of the facility (permanent} .. such provisions sha3.1. ~.nclude a true schedule and sequence of operations indicating the anticipated starting and completion dates of the particular development sequences Included alsc shs~.~. be the estimated time of exposure of each area prior to the completion of effective erosion and sedi~uent control measures. (6} A complete and adequate grading plan for borrow pits and material processing fsci~.ities where appi.icab~.ea, C7) A general description and 1oc~xtion of the soil tyz~es on the sites (8) The name and address of the owner and developero (9) Tit1e9 scsle~ north arrows date, names address and phone number of individual. or organizt~tion preparing plans` 2e, Calculations and Details. ghow all calculations and deta:~ls used for design and construction of debris ~asinss impouiad~ { menu ~ diversions ~ dikes ~ waterways ~ dra.ins ~ c~.~l~*erts nx~d -~. arg other water management ar soil erosion control measure to be used during and after conacti,ona 3« Finish.Slopesd Cut and f31.1 slopes that are to be stabilized with vegetation shall be no steeper than c^ horizontal to '~ vertical where maintenance is to be performed with vehicular equipment. Steeper slopes sha11 be stabilized with mechan~.cnl meaBUres such. as riprap or retaining walls or other approved measures„ 4p Draina,~e Areas: State in acres the total drainage area cif each tributary enter~.ng the site anal •the drainage area of the site to be devebped« 5. Surface Drain~~e: Provisions shall be wade to cony*ey surface runoff at nonerosive velocities to stable outlets. Temporary channels, flumes, inclined pipe outlets and similar Structural measures shall be provided ns needed during all phases of construction operations., Storm culPer_ts planned to replace majo r natural drainageways shall be designed to accomodate 25-~res,r fr+aquency storms. 6. Narrative Report Includin.~s .rte ^ ~ r rr~ r r a. General Notes Includ$ any general notes for sediment can- _ trol that spe11 out the procedure for implementing the plan. b. Construction Schedule: A construction schedule shah, be an integral part of the plan. It shall establish a sequence of operation with starting dates far clesrin~, and/or grading, timing of storm drain and cu~.vert ~.n.sta.~.~.aa bons, duration of exposura of so~.~.s en.c~. cr~.tical sr~~a 21 ,. stabilization, both temporary and permanent. ]Indicate dates when critical area stabilization, paving, seeding, and mulching or sodding is to .be completed. Among the factors to be considered are: (1) limiting initiation of work to a minimum area neces~cary to execute work, leaving soil cover on other areas undisturbed; (2) completing work on individual areas as quickly as possible to permit installation of planned temporary and permanent erosion control measures. c. Erosion Control: Vegetative and mechanical erosion con- trol measures shall be included in the plan. State pro- posed procedures used for soil preparation, mulching and vegetating, including application rates of lime, fertilizer, seeding mixtures, and rates, types ~of sod, and all other materials used. Temporary measures. shall be planned to control erosion throughout the construction period. Permanent measures shall be planned for the finished land surfaces. d. Statement: That the land-disturbing activity shall be conducted in accordance with the plan. 7. Re ueq st for Appro~ral: A Request for Appro!~al Form should accompany all Soil Erosion Plans. Request for Approval Forms are available from the Conservation Division of New Hanover County Engineering ~ 5ervices Office.