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A. Erosion and Sedimentation Control Plan

1. A sedimentation and erosion control plan shall be filed with the County Sedimentation and Erosion Control Office by either hard copy or digitally. A digital copy of approved construction drawings and approved site plan, where applicable, shall also be provided upon their approval.

2. A sedimentation and erosion control plan shall contain site drawings, vicinity maps, assumptions, calculations, narrative statements, and a construction sequence as needed to adequately describe the proposed development and the measures proposed to comply with the requirements of this Article.

3. A sedimentation and erosion control plan shall be prepared by, and bear the seal and signature of, a registered professional engineer, registered landscape architect, registered architect, registered land surveyor, or certified professional in erosion and sediment control. The County Sedimentation and Erosion Control Officer or designee may, however, deem such a seal and signature not necessary due to site simplicity (as the absence of sensitive geographical features and receiving watercourses) and the limited nature of the sedimentation and erosion control measures required. In the case of a single-family lot in a common plan of development where the developer and builder are different, such a seal and signature is not required unless there is a design feature requiring such under Federal or State law or regulation.

4. The approval of a sedimentation and erosion control plan is conditioned on the applicant’s compliance with Federal, State and local water quality laws, regulations, and rules.

5. An approved sedimentation and erosion control plan shall be kept on file at the job site.

B. Land-Disturbing Permit

1. A land-disturbing permit may be obtained by submitting the following:

a. Applicable fee;

b. Verification of an approved site plan or written approval issued by the Durham City-County Planning Department;

c. Completed Durham County Financial Responsibility/Ownership Form With Landowner Consent Form (FRO);

d. Approved sedimentation and erosion control plan, if required;

e. Improvement security, if required;

f. Certification that tree protection fencing has been installed, if required; and

g. Approval of the proposed project by the City or County as applicable.

2. No permit shall be issued until such time as the Sedimentation and Erosion Control Officer or designee is assured that the proposed land-disturbing activity will be carried out in accordance with this section and Sec. 12.10, Sedimentation and Erosion Control, and the approved sedimentation and erosion control plan, if required. A land-disturbing permit application may be disapproved for the same reasons that a sedimentation and erosion control plan may be disapproved, as set forth in paragraph 3.8.7, Disapproval of Plan, of this Ordinance.

3. The Sedimentation and Erosion Control Officer or designee shall require security to assure performance of the conditions of the permit whenever a land-disturbing activity is in excess of five acres or whenever the Officer or designee determines that the activity may result in significant off-site damage. The applicant shall file with the Officer or designee an improvement security in the form of a performance bond or letter of credit. The amount shall be that which the Officer or designee deems sufficient to cover all costs of protection or other improvements required for conformity with standards specified in this section and Sec. 12.10, Sedimentation and Erosion Control. The security may be adjusted or released as the amount of disturbed area changes. The security shall be released when the Officer or designee has certified that all of the requirements of such sections have been met. Forfeiture of the improvement security shall not release the person conducting the land disturbing activity of their obligation to install and maintain necessary erosion control measures, to stabilize the site, or any other obligation of this section or Sec. 12.10, Sedimentation and Erosion Control, or any rule or order promulgated in furtherance thereof.

4. Prior to initiating land-disturbing activity, the permitee shall notify the Sedimentation and Erosion Control Office of the date that such activity will begin.

5. A land-disturbing permit issued shall be prominently displayed at the job site until all construction is completed, all permanent sedimentation and erosion control measures are removed, and the site has been stabilized as required.