§42-255.
Mandatory Standards for Land Disturbing Activity
No land-disturbing activity subject to the control of this subpart shall be undertaken except in accordance with the
following mandatory standards:
A.
Buffer Zone
(1)
Standard Buffer. No land-disturbing activity during periods of construction or improvement to
land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is
provided along the margin of the watercourse of sufficient width to confine visible siltation within
the 25 percent of the buffer zone nearest the land-disturbing activity.
a.
Projects On, Over or Under Water. This subsection shall not apply to a land-disturbing
activity in connection with the construction of facilities to be located on, over, or under a
lake or natural watercourse.
b.
Buffer Measurement. Unless otherwise provided, the width of a buffer zone is measured
horizontally from the edge of the bankfull elevation 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.
(2)
Trout Buffer. Waters that have been classified as trout waters by the Environmental Management
Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine
visible siltation within the 25 percent of the buffer zone nearest the land-disturbing activity,
whichever is greater. Provided, however, that the North Carolina Sedimentation Control
Commission may approve plans which include land-disturbing activity along trout waters when
the duration of said disturbance would be temporary and the extent of said disturbance would be
minimal.
a.
Projects On, Over or Under Water. This subsection shall not apply to a land-disturbing
activity in connection with the construction of facilities to be located on, over, or under a
lake or natural watercourse.
b.
Trout Buffer Measurement. The 25 foot minimum width for an undisturbed buffer zone
adjacent to designated trout waters shall be measured horizontally from the top of the
bank to the nearest edge of the disturbed area.
c.
Limit on Land Disturbance. Where a temporary and minimal disturbance has been
permitted as an exception to the trout buffer, land-disturbing activities in the buffer zone
adjacent to designated trout waters shall be limited to a maximum of ten (10) percent of
the total length of the buffer zone within the tract to be disturbed such that there is not
more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone. Larger
areas may be disturbed with the written approval of the Director of the Division of Land
Resources of NCDENR.
d.
Limit on Temperature Fluctuations. No land-disturbing activity shall be undertaken
within a buffer zone adjacent to designated trout waters that will cause adverse
temperature fluctuations in the trout waters, as set forth in 15 NCAC 2B.0211 “Fresh
Surface Water Classification and Standards.”
B.
Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the angle that can be
retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes
left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise
provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion.
The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the
soil remains in its original configuration, with or without mechanical constraints.
C.
Fill Material. Unless a permit from NCDENR’s Division of Waste Management to operate a landfill is on
file for the official site, acceptable fill material shall be free of organic or other degradable materials,
masonry, concrete and brick in sizes exceeding 12 inches, and any materials which would cause the site to
be regulated as a landfill by the State of North Carolina.
D.
Ground Cover. Whenever land-disturbing activity is undertaken on a tract, the person conducting the land-
disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to
retain the sediment generated by the land-disturbing activity within the boundaries of the tract during
construction upon and development of said tract, and shall plant or otherwise provide a permanent ground
cover sufficient to restrain erosion after completion of construction or development. Except as provided in
§42-258 (Design and Performance Standards) B(5) of this subpart, provisions for a ground cover sufficient
  
to restrain erosion must be accomplished within 21 calendar days following completion of construction or
development.
E.
Prior Plan Approval. No person shall initiate any land-disturbing activity on a tract unless, 30 or more days
prior to initiating the activity, an Erosion and Sedimentation Control Plan for the activity is filed with and
approved by the Soil Erosion and Sedimentation Control Administrator. An Erosion and Sedimentation
Control Plan may be filed less than 30 days prior to initiation of a land-disturbing activity if the plan is
submitted under an approved express permit program, and the land-disturbing activity may be initiated and
conducted in accordance with the plan once the plan has been approved. The County shall forward to the
Director of the Division of Water Quality a copy of each Erosion and Sedimentation Control Plan for a
land-disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering
the water table of the tract