§42-265.
Existing Uncovered Areas
A.
All uncovered areas existing on the effective date of this subpart which resulted from land-disturbing
activity, exceed one (1) acre, are subject to continued accelerated erosion, and are causing off-site damage
from sedimentation, shall be provided with a ground cover or other protective measures, structures, or
devices sufficient to restrain accelerated erosion and control off-site sedimentation.
B.
The Soil Erosion and Sedimentation Control Administrator shall serve upon the landowner or other person
in possession or control of the land a written notice to comply with the North Carolina Sedimentation
Pollution Control Act of 1973, this subpart, a rule or order adopted or issued pursuant to the North Carolina
Sedimentation Pollution Control Act of 1973 by the North Carolina Sedimentation Control Commission or
by the Soil Erosion and Sedimentation Control Administrator. The notice to comply shall be sent by
registered or certified mail, return receipt requested, or other means provided in NCGS 1A-1, Rule 4. The
notice will set forth the measures needed to comply and will state the time within which such measures
must be completed. In determining the measures required and the time allowed for compliance, the
authority serving notice shall take into consideration the economic feasibility, technology, and quantity of
work required, and shall set reasonable and attainable time limits of compliance.
C.
The Soil Erosion and Sedimentation Control Administrator reserves the right to require preparation and
approval of an Erosion and Sedimentation Control Plan in any instance where extensive control measures
are required.
D.
This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir.