North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 04 - SEDIMENTATION CONTROL › Subchapter A - SEDIMENTATION CONTROL COMMISSION ORGANIZATION › Section 04A .0105 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the terms defined in
				  G.S.
				  113A-52, the following definitions shall
				  apply in this Chapter and have these meanings:
(1) "Accelerated Erosion" means any increase
				over the rate of natural erosion, as a result of land-disturbing
				activities.
(2) "Act" means the
				Sedimentation Pollution Control Act of 1973 in
				G.S.
				113A-50, et seq.
(3) "Adequate Erosion Control Devices or
				Structures" means one that controls the soil material within the land area
				under responsible control of the person conducting the land-disturbing
				activity.
(4) "Approving Authority"
				means the Division or other State or a local government agency that has been
				delegated erosion and sedimentation plan review responsibilities in accordance
				with the provisions of the Act.
(5)
				"Being Conducted" means a land-disturbing activity has been initiated and not
				deemed complete by the approving authority.
(6) "Borrow" means fill material that is
				required for on-site construction that is obtained from other
				locations.
(7) "Buffer Zone" means
				the strip of land adjacent to a lake or natural watercourse.
(8) "Coastal Counties" means the following
				counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven,
				Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico,
				Pasquotank, Pender, Perquimans, Tyrrell, and Washington.
(9) "Completion of Construction or
				Development" means that no further land-disturbing activity is required on a
				phase of a project except that which, as determined by the approving authority,
				is necessary for establishing a permanent ground cover.
(10) "Director" means the Director of the
				Division of Energy, Mineral, and Land Resources of the Department of
				Environmental Quality.
(11)
				"Discharge Point" or "Point of Discharge" means that point where runoff leaves
				a tract of land where a land-disturbing activity has occurred or enters a lake
				or natural watercourse.
(12)
				"Division" or "DEMLR" means the Division of Energy, Mineral, and Land Resources
				of the Department of Environmental Quality.
(13) "Energy Dissipator" means a structure or
				a shaped channel section with mechanical armoring placed at the outlet of pipes
				or conduits to receive and break down the energy from high velocity
				flow.
(14) "Ground Cover" means any
				natural vegetative growth or other material that renders the soil surface
				stable against accelerated erosion.
(15) "High Quality Waters" means those
				described in
				15A NCAC
				02B .0224, which is herein incorporated by
				reference including subsequent amendments and editions.
(16) "High Quality Water (HQW) Zones" means
				areas in the Coastal Counties that are within 575 feet of High Quality Waters
				and for the remainder of the State, areas that are within one mile of and drain
				to HQW's.
(17) "Lake or Natural
				Watercourse" means any stream, river, brook, swamp, sound, bay, creek, run,
				branch, canal, waterway, estuary, and any reservoir, lake, or pond.
(18) "Natural Erosion" means "erosion" as
				defined in
				G.S.
				113A-52(5) under natural
				environmental conditions undisturbed by man.
(19) "Person Conducting the Land-disturbing
				Activity" means any person who may be held responsible for a violation unless
				provided otherwise by the Act, the rules of this Chapter, or any order or local
				ordinance adopted pursuant to these Rules or the Act.
(20) "Person Who Violates," or "Violator," as
				used in G.S. 113A-64, means: any
				landowner or other person who has financial or operational control over the
				land-disturbing activity; or who has directly or indirectly allowed the
				activity, and who has failed to comply with any provision of the Act, the rules
				of this Chapter, or any order or local ordinance adopted pursuant to the Act,
				as it imposes a duty upon that person.
(21) "Plan" means an erosion and
				sedimentation control plan.
(22)
				"Sedimentation" means the process by which sediment resulting from accelerated
				erosion has been or is being transported off the site of the land-disturbing
				activity or into a lake or natural watercourse.
(23) "Storm Drainage Facilities" means the
				system of inlets, conduits, channels, ditches, and appurtenances that serve to
				collect and convey stormwater through and from a given drainage area.
(24) "Stormwater Runoff" means the runoff of
				water resulting from precipitation in any form.
(25) "Ten-Year Storm" means a rainfall of an
				intensity that, based on historical data, is predicted, by a method acceptable
				to the approving authority, to be equaled or exceeded, on the average, once in
				10 years, and of a duration that will produce the maximum peak rate of runoff
				from the watershed of interest under average antecedent wetness
				conditions.
(26) "Twenty-five Year
				Storm" or "Q25" means a rainfall of an intensity that, based on historical
				data, is predicted, by a method acceptable to the approving authority, to be
				equaled or exceeded, on the average, once in 25 years, and of a duration that
				will produce the maximum peak rate of runoff from the watershed of interest
				under average antecedent wetness conditions.
(27) "Uncovered" means having had ground
				cover removed from, on, or above the soil surface.
(28) "Undertaken" means the initiating of any
				activity or phase of activity that results or will result in a change in the
				ground cover or topography of a tract of land.
(29) "Velocity" means the speed of flow
				through a cross-section perpendicular to the direction of the main channel at
				the peak flow of the storm of interest but not exceeding bank full flows.
(30) "Waste" means surplus
				materials resulting from on-site construction and to be disposed
				offsite.
Authority
				  G.S.
				  113A-52;
				  113A-54;
Eff.
				  November 1, 1984;
Amended Eff. May 1, 1990;
Temporary
				  Amendment 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;
Amended Eff. January 1,
				  1991;
Temporary Amendment Eff. January 14, 1992 for a period of 180
				  days to expire on July 11, 1992;
Amended Eff. August 1, 2012 (see
				  S.L. 2012-143, s.1.(f)); October 1, 1995; April 1, 1992;
Readopted
				  Eff. April 1, 2020.