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Erosion and Sediment Control Laws and Rules

NOTICE: Sedimentation Control Rules Review and Re-adoption

Legislation adopted in the 2013 session of the N.C. General Assembly (S.L. 2013-413, HB 74) required state agencies to review their rules according to specific procedures. The law specifies that the agencies, in this case the Sedimentation Control Commission, go through its rules and present the revised rules for public review. The DEMLR staff established a 19-member “Rules Re-adoption Workgroup” to help the Commission in reviewing the Chapter 04 rules. The Workgroup had a broad range of participants that included sediment and erosion control consultants, engineering consultants, home builders, general contractors, research and academic professionals, environmental group leaders, DOT staff, local government representatives, soil scientists, USDA staff and DEMLR staff. The Workgroup held their first of 10 monthly meetings in October of 2016 and will probably meet a couple of additional times before this process concludes.

Based on the Workgroup’s recommendations, a “Suggested Changes to Sedimentation Control Rules” document has been prepared. It was shown to the Sedimentation Commission at their August 2017 meeting and they were asked to help the staff solicit comments on the proposal. Therefore, we consider this document a “pre-review” version and we hope to get input to help us prepare an official draft version that we can give to the Commission in February of 2018. At that time, the commission will decide if they want to send that version out for the Administrative Procedure Act public involvement process.

We would welcome any comments or suggestions on the proposed rule changes. Comments and suggestions can be emailed to Toby Vinson (and please copy Boyd DeVane on the email) or mailed to Mr. Vinson at the address below. Also, contact Mr. DeVane at the email address below or at 919-707-9212 if you have questions.

Comments and suggestions may also be submitted by USPS addressed to:
Toby Vinson
1612 Mail Service Center
Raleigh, NC 27699-1612

Sedimentation Pollution Control Act of 1973

Title 15A Chapter 4: Sedimentation Control