reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0113 - RESPONSIBILITY FOR MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
During the development of a site, the person conducting the
				  land-disturbing activity shall install and maintain all temporary and permanent
				  erosion and sedimentation control measures as required by the approved plan or
				  any provision of the Act, the rules of this Chapter, or any order or local
				  ordinance adopted pursuant to the Act. After site development, the land owner
				  or person in possession or control of the land shall install and maintain all
				  permanent erosion and sediment control measures, except those measures
				  installed within a road or street right of way or easement accepted for
				  maintenance by a governmental agency.
Authority
				  G.S.
				  113A-54;
Eff. February 1,
				  1976;
Amended Eff. November 1, 1984; July 1, 1978;
Readopted Eff. April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0114 - REPEALED - GUIDELINES FOR EROSION AND SEDIMENT CONTROL PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54;
				  113A-64;
Eff.
				  February 1, 1976;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0115 - ADDITIONAL MEASURES

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever the Commission or a local government determines that
				  accelerated erosion and sedimentation continues despite the installation of
				  protective practices, they shall direct the person conducting the
				  land-disturbing activity to take additional protective action necessary to
				  achieve compliance with the conditions specified in the Act or the rules of
				  this Chapter.
Authority
				  G.S.
				  113A-54(b);
				  113A-54.1(b);
Eff. February 1, 1976;
Amended Eff. November 1, 1984;
Readopted Eff. April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0116 - EXPIRED - EXISTING UNCOVERED AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54;
Eff. February 1,
				  1976;
Amended Eff. October 1, 1995; February 1, 1992; May 1, 1990;
				  November 1, 1984;
Expired Eff. March 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0117 - REPEALED - STATEMENT OF FINANCIAL RESPONSIBILITY AND OWNERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(b);
Eff.
				  February 1, 1976;
Amended Eff. November 1, 1984;
Repealed Eff. May 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0118 - APPROVAL OF PLANS

Current through Register Vol. 39, No. 2, July 15, 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.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0119 - REPEALED - COMPLIANCE WITH PLAN REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(b);
Eff.
				  February 1, 1976;
Amended Eff. November 1, 1984;
Repealed Eff. August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0120 - INSPECTIONS AND INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission, Department of
				Environmental Quality, or local government may require written statements
				related to items including Notices of Violation (NOVs) or Stop-Work orders, or
				the filing of reports under oath, such as self-inspection or engineering/design
				reports, concerning land-disturbing activity, as necessary to carry out duties
				specified in the Act.
(b)
				Inspection of sites shall be carried out by the staff of Department of
				Environmental Quality, representatives of a delegated local government, or
				other qualified persons authorized by the Commission or Department of
				Environmental Quality as necessary to carry out duties specified in the
				Act.
(c) No person shall refuse
				entry or access to any person authorized by the Commission or any
				representative of a delegated local government who requests entry for purposes
				of inspection.
(d) When a
				preconstruction conference is proposed pursuant to
				G.S.
				113A-51, the request shall be set forth in
				the plan.
Authority
				  G.S.
				  113A-51;
				  113A-54(b);
				  113A-58;
				  113A-61.1;
Eff.
				  February 1, 1976;
Amended Eff. October 1, 1995; May 1, 1990;
				  November 1, 1984;
Readopted Eff. April 1,
				  2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0121 - REPEALED - PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54;
				  113A-64;
Eff.
				  February 1, 1976;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0122 - SEVERABILITY CLAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
If any of these provisions are held invalid or unenforceable,
				  all of the other provisions shall nevertheless continue in full force and
				  effect.
Authority
				  G.S.
				  113A-54;
Eff. February 1,
				  1976;
Amended Eff. November 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2,
				  2016.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0123 - REPEALED - EFFECTIVE DATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(b);
Eff.
				  February 1, 1976;
Amended Eff. November 1, 1984; November 15,
				  1976;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0124 - DESIGN STANDARDS IN SENSITIVE WATERSHEDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Uncovered areas in HQW zones shall be limited to a maximum total area of 20
				acres within the boundaries of the tract. Only the land-disturbing activity
				within a HQW zone shall be governed by this Rule. Larger areas may be uncovered
				within the boundaries of the tract with the written approval of the Director
				upon providing engineering justification with a construction sequence that
				considers phasing, limiting exposure, weekly submitted self-inspection reports,
				and more conservative design than the 25-year storm. The Director may also
				stipulate the inclusion of other conditions in the plan as necessary based on
				specific site conditions.
(b)
				Erosion and sedimentation control measures, structures, and devices within HQW
				zones shall be planned, designed, and constructed to provide protection from
				the runoff of the 25-year storm that produces the maximum peak rate of runoff
				as calculated according to procedures in the United States Department of
				Agriculture, Natural Resources Conservation Service's "National Engineering
				Field Handbook 630 for Conservation Practices." Other methodologies may be used
				if based on generally accepted engineering standards that are shown to the
				Division to be equivalent to or improved over the procedures in Handbook 630.
				The Division shall determine acceptability of an alternative methodology based
				upon a showing that the runoff model used was based on observed data in
				agreement with the predictive model.
(c) In order to provide for water quality
				protection in HQW zones, sediment basins that discharge to those areas shall be
				designed and constructed to meet the following criteria:
(1) use a surface withdrawal mechanism,
				except when the basin drainage area is less than 1.0 acre;
(2) have a minimum of 1800 cubic feet of
				storage area per acre of disturbed area;
(3) have a minimum surface area of 325 square
				feet per cfs of Q25 peak inflow;
(4) have a minimum dewatering time of 48
				hours; and
(5) incorporate 3
				baffles, unless the basin is less than 20 feet in length, in which case 2
				baffles shall be sufficient.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0125 - BUFFER ZONE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The width of a buffer zone shall be measured from the edge of the water to the
				nearest edge of the disturbed area, with the 25 percent of the strip nearer the
				land-disturbing activity containing natural or artificial means of confining
				visible siltation.
(b) A 25-foot
				minimum width undisturbed buffer zone shall be protected adjacent to trout
				waters designated by the Environmental Management Commission. The 25-foot width
				buffer zone shall be measured horizontally from the top of the bank to the
				nearest area of disturbance.
(c)
				Where a temporary and minimal disturbance is permitted as an exception by
				G.S.
				113A-57(1), land-disturbing
				activities in the buffer zone adjacent to designated trout waters shall be
				limited to a maximum of 10 percent of the total length of the buffer zone
				within the tract and distributed such that there is not more than 100 linear
				feet of disturbance in each 1000 linear feet of buffer zone.
(d) Upon a written request of the applicant,
				the Director may allow a larger area of disturbance than provided in Paragraph
				(c) of this Rule if the applicant demonstrates that additional measures will be
				utilized that will achieve an equal or more effective level of erosion and
				sedimentation control than would be achieved had the specifications prescribed
				in Paragraph (c) of this Rule been followed.
(e) No land-disturbing activity shall be
				undertaken within a buffer zone adjacent to trout waters that is predicted by
				the approving authority to cause stream temperature violations in these waters
				as set forth in
				15A NCAC
				02B .0211 which is hereby incorporated by
				reference including subsequent amendments and editions.
Authority
				  G.S.
				  113A-54(b);
				  113A-54(c)(1);
				  113A-57(1);
Eff. May 1, 1990;
Amended Eff. February 1, 1992;
Readopted Eff. April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0126 - APPLICATION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				nonrefundable application fee, in the amount provided in
				G.S.
				113A-54.2, shall be paid when an erosion and
				sedimentation control plan is filed in accordance with Rule .0118 of this
				Section.
(b) Each plan shall be
				deemed incomplete until the application fee is paid.
(c) No application fee shall be charged for
				review of a revised plan unless the revised plan contains an increase in the
				number of acres to be disturbed. If the revised plan contains an increase in
				the number of acres to be disturbed, the plan review processing fee to be
				charged shall be the amount specified in
				G.S.
				113A-54.2 for each additional acre (or any
				part thereof) disturbed.
Authority
				  G.S.
				  113A-54;
				  113A-54.2;
Temporary
				  Rule Eff. November 1, 1990, for a period of 180 days to expire on April 29,
				  1991;
AARC Objection Lodged November 14, 1990;
AARC
				  Objection Removed December 20, 1990;
Eff. January 1,
				  1991;
Amended Eff. August 1, 2002; July 1, 2000;
Readopted Eff. April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0127 - CERTIFICATE OF PLAN APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The Commission shall issue a certificate of plan approval to the applicant by
				hard copy or electronic submittal. Before construction begins, that
				documentation shall be posted at the primary entrance of the job site or other
				location that is observable to the public and inspectors.
(b) No person may initiate a land-disturbing
				activity until notifying the approving authority of the date that the
				land-disturbing activity will begin.
Authority
				  G.S.
				  113A-54(b);
Temporary Rule Eff. November 1, 1990, for a period of 180 days to expire on
				  April 29, 1991;
ARRC Objection Lodged November 14,
				  1990;
ARRC Objection Removed December 20, 1990;
Eff.
				  January 1, 1991;
Amended Eff. July 1, 2000;
Readopted
				  Eff. April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0128 - EXPIRED - RAILROAD COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-52(6);
				  113A-54(b);
				  113A-54(c);
				  113A-54(d)(4);
				  113A-57(1);
Eff. August 1, 1995;
Expired Eff. March 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0129 - EROSION CONTROL PLAN EXPIRATION DATE

Current through Register Vol. 39, No. 2, July 15, 2024
If no land-disturbing activity has been undertaken on a site,
				  an erosion control plan shall expire three years following the date of
				  approval.
Authority
				  G.S.
				  113A-54.1(a);
Eff. October 1, 1995;
Readopted Eff. April 1,
				  2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0130 - EMERGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
Any person who conducts an emergency repair essential to
				  protect human life that results in a land-disturbing activity within the
				  meaning of
				  G.S.
				  113A-52(6) and these Rules
				  shall take the following actions:
(1)
				notify the Director, or his or her designee, of the repair as soon as possible,
				but no later than five working days after the emergency ends; and
(2) take all measures necessary to protect
				all public and private property from damage caused by the repair as soon as
				possible, but no later than 15 working days after the emergency ends.
Authority
				  G.S.
				  113A-52.01(4);
				  113A-54(b);
Eff. October 1, 1995;
Readopted Eff. April 1,
				  2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter B - EROSION AND SEDIMENT CONTROL › Section 04B .0131 - SELF-INSPECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All land-disturbing activities required to have an approved
				  erosion and sedimentation control plan under
				  G.S.
				  113A-54.1(e) shall conduct
				  self-inspections for initial installation or modification of any erosion and
				  sedimentation control devices and practices described in an approved plan. In
				  addition, weekly and rain-event self-inspections are required by federal
				  regulations, that are implemented through the NPDES Construction General Permit
				  No. NCG 010000.
(1) For
				self-inspections required pursuant to
				G.S.
				113A-54.1(e), the inspection
				shall be performed during or after each of the following phases of the plan;
(a) initial installation of erosion and
				sediment control measures;
(b)
				clearing and grubbing of existing ground cover;
(c) completion of any grading that requires
				ground cover;
(d) completion of all
				land-disturbing activity, construction, or development, including permanent
				ground cover establishment and removal of all temporary measures; and
(e) transfer of ownership or control of the
				tract of land where the erosion and sedimentation control plan has been
				approved and work has begun. The new owner or person in control shall conduct
				and document inspections until the project is permanently stabilized as set
				forth in Sub-Item (c) of this Item.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0101 - REPEALED - PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(b);
				  113A-64(a);
Eff. February 1, 1976;
Amended Eff. November 1, 1984; October 5,
				  1980;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0102 - REPEALED - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  143B-10;
Eff. February 1,
				  1976;
Amended Eff. January 31, 1979; September 3, 1976;
Repealed Eff. November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0103 - REPEALED - WHO MAY ASSESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-55;
				  113A-64;
				  143B-10;
Eff.
				  February 1, 1976;
Amended Eff. November 1, 1984;
Repealed Eff. June 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0104 - REPEALED - WHEN ASSESSABLE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-64;
Eff. February 1,
				  1976;
Amended Eff. November 1, 1984;
Repealed Eff.
				  August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0105 - REPEALED - AMOUNT OF ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-64;
Eff. February 1,
				  1976;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0106 - REPEALED - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(b);
				  113A-55;
				  113A-64(a);
Eff. February 1, 1976;
Amended Eff. November 1, 1984; April 1,
				  1978;
Repealed Eff. June 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0107 - PROCEDURES: NOTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The notice of
				violation shall describe the violation, request that all illegal activity
				cease, and inform the violator that a civil penalty may be assessed pursuant to
				G.S.
				113A-64. If particular actions need to be
				taken to comply with the Sedimentation Pollution Control Act, the notice shall
				specify the actions to be taken, specify a time period for compliance, and
				state that upon failure to comply within the allotted time, the person shall
				become subject to the assessment of a civil penalty for each day of the
				continuing violation beginning with the date of the violation.
(b) The stop-work order provided in
				G.S.
				113A-65.1 shall serve as the notice of
				violation for purposes of the assessment of a civil penalty pursuant to
				G.S.
				113A-64(a)(1). Copies of the
				stop-work order shall be served upon persons the Department has reason to
				believe may be responsible for the violation pursuant to
				G.S.
				1A-1, Rule 4.
Authority
				  G.S.
				  113A-54;
				  113A-61.1;
				  113A-64;
				  113A-65.1;
Eff.
				  February 1, 1976;
Amended Eff. May 1, 1990; November 1,
				  1984;
Temporary Amendment Eff. January 14, 1992 for a period of 180
				  days to expire on July 11, 1992;
Amended Eff. August 1, 2000;
				  October 1, 1995; April 1, 1992;
Temporary Amendment Eff. August 1,
				  2000;
Amended Eff. April 1, 2001;
Readopted Eff. April
				  1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0108 - REPEALED - REQUESTS FOR ADMINISTRATIVE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-64;
				  143B-10;
				  150B-23;
Eff.
				  February 1, 1976;
Amended Eff. October 1, 1995; October 1, 1988;
				  October 5, 1980; April 1, 1978;
Repealed Eff. April 1,
				  2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0109 - EXPIRED - TENDER OF PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-55;
				  143B-10;
Eff.
				  February 1, 1976;
Amended Eff. October 5, 1980; April 1,
				  1978;
Expired Eff. March 1, 2016 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter C - SEDIMENTATION CONTROL CIVIL PENALTIES › Section 04C .0110-.0111 - REPEALED - ADMINISTRATIVE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54;
				  113A-55;
				  113A-60;
				  113A-64 through
				  113A-66;
				  150B-22 et seq.;
Eff. February 1, 1976;
Amended Eff. October 1, 1995; August 1,
				  1988; November 1, 1984; October 5, 1980;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. February 2, 2016;
Repealed Eff.
				  April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter D - LOCAL ORDINANCES › Section 04D .0101 - REPEALED - SUBMISSION AND APPROVAL OF PROPOSED LOCAL ORDINANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54;
				  113A-60;
Eff.
				  February 1, 1976;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter D - LOCAL ORDINANCES › Section 04D .0102 - REPEALED - MODEL ORDINANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(d);
				  113A-60;
Eff.
				  February 1, 1976;
Amended Eff. March 14, 1980; February 23,
				  1979;
Summary Rule Filed January 26, 1982;
Amended Eff.
				  October 1, 1995; May 1, 1990; August 1, 1988; November 1, 1984;
Repealed Eff. April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter D - LOCAL ORDINANCES › Section 04D .0103 - REPEALED - REVISIONS TO APPROVED LOCAL ORDINANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113A-54(d);
				  113A-60;
Eff. May 1,
				  1990;
Amended Eff. January 4, 1993;
Repealed Eff.
				  October 1, 1995.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 04E .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 113A-55; 150B;
Eff.
					 March 14, 1980;
Amended Eff. August 1, 2012 (see S.L. 2012-143,
					 s.1.(f)); May 1, 1990; November 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 04E .0103 - REPEALED - ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
Eff. March 14,
					 1980;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 04E .0104 - COPIES OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Copies of
				  Commission rules may be requested by contacting the Commission's staff at the
				  Archdale building address set forth in
				  15A NCAC
				  04A .0101. The request shall specify the
				  rules requested, for example,
				  15A NCAC
				  04, Sedimentation Control, or
				  15A NCAC
				  04B .0113, Responsibility for Maintenance. A
				  fee may be charged to recover mailing and duplication costs for requests of
				  more than one copy of the same rule(s).
(b) The rules of the Commission
				  (15A
				  NCAC 04) can also be found on the website of
				  the NC Office of Administrative Hearings at:
https://www.oah.nc.gov
.
Authority
					 G.S.
					 113A-54;
					 113A-55;
Eff. March
					 14, 1980;
Amended Eff. August 1, 1988; November 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Amended Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 04E .0105 - REPEALED - DELEGATIONS OF AUTHORITY TO THE DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 113A-55; 150B;
Eff.
					 March 14, 1980;
Amended Eff. November 1, 1984; June 5,
					 1981;
Repealed Eff. August 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0200 - PETITIONS FOR RULEMAKING › Section 04E .0201 - FORM AND CONTENT OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person wishing to request the adoption, amendment, or repeal of a rule of
				  the Commission shall make the request in a petition to the Commission addressed
				  to the:
Director
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
(b) The petition shall contain the following
				  information:
(1) the text of the proposed
				  rule(s) for adoption or amendment;
(2) a statement of the reasons for adoption
				  or amendment of the proposed rule(s), or the repeal of an existing
				  rule(s);
(3) a statement of the
				  effect on existing rules or orders; and
(4) the name(s) and address(es) of the
				  petitioner(s).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0200 - PETITIONS FOR RULEMAKING › Section 04E .0202 - REPEALED - CONTENTS OF PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-16;
Eff. March
					 14, 1980;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0200 - PETITIONS FOR RULEMAKING › Section 04E .0203 - REPEALED - DISPOSITION OF PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 113A-55;
					 150B-16;
Eff. March
					 14, 1980;
Amended Eff. August 1, 1988; November 1, 1984; June 5,
					 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0300 - NOTICE OF RULEMAKING HEARINGS › Section 04E .0301 - REPEALED - TIMING OF NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-12;
Eff. March
					 14, 1980;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0300 - NOTICE OF RULEMAKING HEARINGS › Section 04E .0302 - REPEALED - NOTICE MAILING LIST

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-12(b);
Eff. March 14, 1980;
Amended Eff. November 1, 1984;
Repealed Eff. August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0300 - NOTICE OF RULEMAKING HEARINGS › Section 04E .0303 - REPEALED - ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-12;
Eff. March
					 14, 1980;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0400 - RULEMAKING HEARINGS › Section 04E .0401-0402

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-12(d),(e);
Eff. March 14, 1980;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0400 - RULEMAKING HEARINGS › Section 04E .0403 - REPEALED - WRITTEN SUBMISSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-12(e);
Eff. March 14, 1980;
Amended Eff. June 5, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0400 - RULEMAKING HEARINGS › Section 04E .0404 - REPEALED - PRESIDING OFFICER: POWERS AND DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-12;
Eff. March
					 14, 1980;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0400 - RULEMAKING HEARINGS › Section 04E .0405-.0406

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-11(2);
					 150B-12(e);
Eff. March 14, 1980;
Amended Eff. August 1, 1988; November 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0500 - DECLARATORY RULINGS › Section 04E .0501 - DECLARATORY RULINGS: GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
At the request of any person aggrieved, as defined in
					 G.S.
					 150B-2(6), the Sedimentation
					 Control Commission may issue a declaratory ruling as provided in
					 G.S.
					 150B-4 and the rules of this
					 Section.
Authority
					 G.S.
					 113A-54;
					 150B-4;
Eff. March
					 14, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Amended Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0500 - DECLARATORY RULINGS › Section 04E .0502 - PROCEDURE FOR REQUESTING DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  All requests for a declaratory ruling shall be filed with the Director,
				  Division of Energy, Mineral, and Land Resources, Department of Environmental
				  Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612.
(b) All requests shall include the following:
(1) name and address of
				  petitioner(s);
(2) the rule,
				  statute, or order upon which a ruling is desired;
(3) a statement as to whether the request is
				  for a ruling on the validity of a rule or on the applicability of a rule,
				  statute, or order to a given factual situation;
(4) arguments or data that demonstrate that
				  the petitioner is aggrieved by the rule, statute, or order, or its potential
				  application to petitioner;
(5) a
				  statement of the consequences of a failure to issue a declaratory ruling in
				  favor of the petitioner;
(6) a
				  statement of the facts proposed for adoption by the Commission;
(7) a draft of the proposed ruling;
				  and
(8) a statement of whether an
				  oral argument is desired, and, if so, the reason(s) for requesting such an oral
				  argument.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0500 - DECLARATORY RULINGS › Section 04E .0503 - DISPOSITION OF REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  Chairman shall make a determination on the completeness of the request for
				  declaratory ruling based on the requirements of Rule .0502 of this Section, and
				  the Chairman shall make a recommendation to the Commission on whether to grant
				  or deny a request for a declaratory ruling.
(b) Before deciding the merits of the
				  request, the Commission may:
(1) request
				  additional written submissions from the petitioner(s);
(2) request a written response from the
				  Department, or any other person; and
(3) hear oral arguments from the
				  petitioner(s) and the Department or their legal counsel.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter E - RULEMAKING PROCEDURES › Section .0500 - DECLARATORY RULINGS › Section 04E .0504 - REPEALED - RECORD OF DECISION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-54;
					 150B-11;
Eff. March
					 14, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2, 2016;
Repealed Eff.
					 April 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter A - ORGANIZATION AND ADMINISTRATION › Section .0100 - MINING AND ENERGY COMMISSION › Section 05A .0101 - NAME AND ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The name of this agency shall be the North Carolina Mining
					 and Energy Commission. Its address is Department of Environment, Health, and
					 Natural Resources, P.O. Box 27687, Raleigh, North Carolina
					 27611.
Authority
					 G.S.
					 143B-290;
Eff. February 1,
					 1976;
Amended Eff. January 31, 1979;
Readopted Eff.
					 August 1, 1982;
Amended Eff. August 1, 2012 (see S.L. 2012-143,
					 s.1.(d)); April 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter A - ORGANIZATION AND ADMINISTRATION › Section .0100 - MINING AND ENERGY COMMISSION › Section 05A .0102 - REPEALED - GENERAL PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 74-38;
					 74-61;
					 74-84;
					 74-86;
					 143B-290;
Eff.
					 February 1, 1976;
Readopted Eff. August 1, 1982;
Amended Eff. November 1, 1984; December 1, 1983;
Repealed Eff.
					 August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter A - ORGANIZATION AND ADMINISTRATION › Section .0100 - MINING AND ENERGY COMMISSION › Section 05A .0103 - REPEALED - STRUCTURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-291;
Eff. February 1,
					 1976;
Readopted Eff. August 1, 1982;
Repealed Eff.
					 November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter A - ORGANIZATION AND ADMINISTRATION › Section .0200 - ADMINISTRATION › Section 05A .0201 - REPEALED - DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 74-50 through
					 74-60;
					 74-64;
					 74-68;
					 74-77 through
					 74-85;
					 74-87;
Eff. February
					 1, 1976;
Readopted Eff. August 1, 1982;
Amended Eff.
					 December 1, 1983;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter A - ORGANIZATION AND ADMINISTRATION › Section .0200 - ADMINISTRATION › Section 05A .0202 - DELEGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director,
				  Division of Energy, Mineral, and Land Resources, Department of Environment,
				  Health, and Natural Resources, shall have the following powers and duties with
				  regard to the administration of the Mining Act of 1971:
(1) the issuance, denial, modification,
				  renewal, suspension and revocation of permits;
(2) the approval of reclamation
				  plans;
(3) the initiation of
				  forfeiture proceedings;
(4) the
				  giving of notices, setting of hearings and taking of action upon findings of
				  violations; and
(5) the institution
				  of all criminal and civil actions.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0101-0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-50;
				  74-63;
				  74-67;
				  143B-290(1)(d);
Eff. February 1, 1976;
Amended Eff. January 31, 1979;
Repealed Eff. November 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0104 - INFORMATION REQUIRED IN PERMIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The completed application for the mining permit shall include information
				concerning the mining operation and a reclamation plan for the restoration of
				all affected land. Information required concerning the mining operation shall
				include:
(1) materials to be mined;
(2) method of mining;
(3) expected depth of mine;
(4) size of the mine, including:
(A) acreage for tailings ponds,
(B) acreage for stockpiles,
(C) acreage for waste piles,
(D) acreage for processing plants,
(E) acreage for mine excavation,
(F) acreage for annual disturbance;
(5) anticipated effect on
				wildlife, freshwater, estuarine or marine fisheries;
(6) whether or not the operation will have a
				waste water discharge or air contaminant emission which will require a permit
				from the division of environmental management;
(7) method to prevent physical hazard to any
				neighboring dwelling house, school, church, hospital, commercial or industrial
				building, or public road if the mining excavation will come within 300 feet
				thereof;
(8) measures to be taken
				to insure against landslides and acid water pollution;
(9) measures to be taken to minimize
				siltation of streams, lakes, or adjacent properties during the mining
				operation;
(10) measures to be
				taken to screen the operation from public view.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0105 - CONDITIONS WHICH MAY BE INCLUDED IN PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
To assure that the operation will comply fully with the
				  requirements and objectives of the Mining Act of 1971, the director may approve
				  an application or reclamation plan subject to certain conditions. Such
				  conditions of application approval may include:
(1) additional erosion control measures to be
				installed during the mining operation;
(2) a natural buffer to be left between any
				stream and the affected land;
(3)
				visual screening such as existing natural vegetation, vegetated earthen berms,
				tree plantings at staggered spacing, etc. to be installed and maintained as
				feasible between any affected land and any adjoining property containing
				occupied buildings or public access within view of the affected land;
(4) erosion control measures to be taken
				during the construction and operation of all haul roads or access roads to
				minimize off-site damage from sediment;
(5) other conditions necessary to safeguard
				the adjacent surface resources or wildlife.
Authority
				  G.S.
				  74-63;
				  74-51;
Eff. February
				  1, 1976;
Amended Eff. May 1, 1992; November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0106 - STANDARDS FOR DENYING AN APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
An application for a mining permit including new permits,
				  modified permits and renewal permits, may be denied when the operation will
				  have an unduly adverse effect on wildlife or fisheries by:
(1) substantial siltation of streams or lake
				beds, increasing the average water temperature of adjacent waterways to a
				temperature detrimental to the pre-existing aquatic wildlife; or
(2) other conditions designated by the North
				Carolina Wildlife Resources Commission as being unduly detrimental to
				wildlife.
Authority
				  G.S.
				  74-51;
				  74-58;
				  74-63;
Eff. February
				  1, 1976;
Amended Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0107-0109

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  74-52;
				  74-57;
				  74-58;
Eff. February
				  1, 1976;
Repealed Eff. November 1,
				  1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 05 - MINING - MINERAL RESOURCES › Subchapter B - PERMITTING AND REPORTING › Section 05B .0110 - MINING RECLAMATION REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
The mine operator shall, by February 1 of each year during
				  the life of the permitted operation, and within 30 days of completion or
				  termination of mining on an area under permit, file with the department a
				  mining reclamation report on a form prescribed by the
				  department.
Authority
				  G.S.
				  74-55;
				  143B-290;
Eff. March
				  30, 1978;
Amended Eff. November 1,
				  1984.