TITLE
Vote on a request to adopt minor revisions to the Chatham County Soil Erosion and Sedimentation Control Ordinance.
ABSTRACT
Action Requested:
Vote to adopt minor revisions to the Chatham County Soil Erosion and Sedimentation Control Ordinance.
Introduction & Background:
Periodic audits of Local Programs by NCDEQ occur to ensure consistency between state requirements and local enforcement of the Sedimentation Pollution Control Act (SPCA). In addition, county staff keep up with updates to the SPCA as it relates to any and all provisions in the county ordinance.
Discussion & Analysis:
Several minor changes were proposed by staff to the County Attorney for review. The changes were also forwarded to NCDEQ and deemed appropriate for administrative review and not required for approval by the Sedimentation Control Commission. The County Attorney has approved these changes and recommended the revision for Consent Agenda. The revision does not lessen any standards or require Public Hearing.
Section 164.99(3) of the Ordinance does not reflect the option of penalty remissions as outlined in changes in to G.S. §113-64.2. The County Attorney also recommended this section clarify that the Pittsboro Town Board of Commissioners and not the County Board of Commissioners receive any petition of a contested case within the Pittsboro corporate limits.
Section 164.99(5) should be corrected in accordance G.S. §115-C-457.2 and G.S. §113A-64(a)(5) to reference the state’s Forfeiture Fund and not the county.
Section 164.16 (A)(6) references an incorrect number of 400 square feet per cubic second of inflow from the design storm, rather than the state standard of 435 square feet per cubic second. County standards cannot be below state standards.
Section 164.13(1) requires a specific form for Residential Lot Disturbance Permits. Staff would like to remove reference to the form in order to streamline with Central Permitting and reduce time and redundancy of the application materials.
Section 164.10 could be construed to contradict requirements for Section 164.13. The County Attorney’s office provided clarification in the wording of this section.
Section 164.04(8) adds language regarding mulching operations as amended in the SPCA.
How does this relate to the Comprehensive Plan:
The Soil Erosion and Sedimentation Control Ordinance plays a key role to conserve natural resources by reducing the effects of sedimentation on water quality.
Recommendation:
The Watershed Protection staff recommends adoption of the amended Soil Erosion and Sedimentation Control Ordinance.