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In 1973 the North Carolina legislature enacted the Sedimentation Pollution Control Act that applies statewide. Haywood County adopted its own Erosion Control Ordinance in 1988. It is based upon the state’s model ordinance and has requirements specific to Haywood County’s topography and natural resources.
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Any use of the land by any person that results in a change in the natural cover or topography and that may cause or contribute to sedimentation for:
True agricultural production and production facilities are exempt from the Ordinance. Refer to §154.05(B) for the complete dialogue.
If you conduct a regulated land-disturbing activity, you are required to take all reasonable measures to prevent sediment damage to adjoining properties, lakes and natural watercourses. Contact the Haywood County Erosion Control Program for more specific details and instructions regarding your specific activity.
Society has deemed that water resources are worth protecting. Sediment is the largest pollutant by volume to our nation’s waterways. Sediment can fill up ponds, it can destroy aquatic habitats, fine particles of sediment can carry biological and chemical contaminants great distances and sediment can be costly to treat with regards to public water sources. Also, public properties such as state roads must be protected from “mud slicks” because mud on the road can greatly reduce pavement friction and that could lead to motor vehicle accidents. Also, private properties below land-disturbing activity must be protected from deposits of sediment. It is considered “damage” to someone’s property if you place sediment there by any means.
Yes. You are still required to take all reasonable measures to protect all private property, all public property, and natural resources from sediment from your activity.
You have 21 calendar days from the completion of any phase of grading to cover graded slopes and fills either with a temporary or a permanent ground cover. That ground cover must be sufficient to restrain erosion. This rule applies on any size activity.
No. You are required to obtain a Land-Disturbing Permit (DOC) before you begin the activity.
That is considered a regulated land-disturbing activity and must be permitted prior to commencing work unless it is a true forest practice. Then it is subject to conditions related in §154.05(B)(2) of the Ordinance.
The issue is not whether trout can survive in the stream in question. The issue is whether the stream in question maintains its water quality adequate enough to feed the trout stream to which it is tributary.
You will subject yourself to increased fees and possible civil and criminal penalties.
Yes. A Land-Disturbing Permit (PDF) expires 18 months after issuance.
Yes you may call the Erosion Control Program for an inspection. At the end of construction when the site has achieved final stabilization a Certificate of Completion may be issued.
By joint resolutions between the Town and County Boards (and with the endorsement of the North Carolina Sediment Commission), our local program does have jurisdiction over matters of erosion and sediment control in the Towns of Clyde and Maggie Valley. However, Waynesville and Canton are still under the jurisdiction of NCDENR, Land Quality Section.