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131 W. Margaret Lane - Post Office Box (Orange County Government)

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Page 1
ORANGE COUNTY PLANNING AND INSPECTIONS
EROSION CONTROL AND STORMWATER DIVISION
APPLICATION
EROSION CONTROL PLAN
LAND DISTRUBING PERMIT (LDP)
STORMWATER MANAGEMENT PLAN (SMP)
131 W. Margaret Lane - Post Office Box 8181
Hillsborough, NC 27278
(919) 245-2575
https://www.orangecountync.gov/1302/Erosion-Control-Stormwater
1. Name of Project:
2. Parcel Identification Number (PIN):
Planning Jurisdiction:
3. Size of Tract:
acres;
Area Disturbed:
acres
4. Fees:
Erosion Control Plan Review
Required with Application
$
Land Disturbing Permit
Optional with Initial Application
$
Stormwater Management Plan Review
Orange County Planning Jurisdiction Only
Required with Application
$
Total $
5. Approximate Date Land Disturbance Will Begin:
6. Landowner(s) of Record:
(Use additional pages if necessary and attach to application)
Name Name
Street Address Street Address
Current Mailing Address Current Mailing Address
City State Zip City State Zip
Telephone Fax Telephone Fax
Email Address
Email Address
FOR OFFICE USE ONLY
Date Paid Receipt #
Date Paid Receipt #
Date Paid Receipt #
Page 2
Future Landowners (if applicable): (Use additional pages if necessary and attach to application)
Company / Organization Company / Organization
Contact Contact
Street Address Street Address
Current Mailing Address Current Mailing Address
City State Zip City State Zip
Telephone Telephone
e-mail e-mail
7. Person(s) or Firm(s) Financially Responsible for this Land Disturbing Activity:
Company / Organization: Company / Organization:
Contact Contact
Street Address Street Address
Current Mailing Address Current Mailing Address
City State Zip City State Zip
Telephone Telephone
e-mail e-mail
8. Registered Agent (if any) for the Person(s) or Firm(s) Financially Responsible:
(NOTE: a North Carolina agent is required if the applicant is not a resident of North Carolina)
Name City State Zip
Street Address Telephone
Current Mailing Address Email
Page 3
9. Project Description:
Page 4
10. Plans Prepared By:
Name of Person or Firm Contact Person
Mailing Address Email
City State Zip Telephone
11. Signature and Witness: the above information is true and correct to the best of my knowledge and belief and was
provided by me while under oath.
Signature of Financially Responsible Type or Print Name Legibly
Title or Authority Date
I,
a Notary Public of the County of
hereby certify that
personally before me this day and under oath
acknowledged that this Application for Erosion Control Plan Approval, Stormwater Management Plan
Approval and Land Disturbing Permit / Statement of Ownership and Financial Responsibility
was executed by him or her.
Witness my hand and notarial seal, this
Day of
,
Signature of Notary My Commission Expires
SEAL
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Page 5
Instructions and Fee Schedule for Completing
Applications for
Erosion Control Plan Approval;
Stormwater Management Plan (SMP) Approval;
Land Disturbing Permit (LDP); and
Statement of Ownership and Financial Responsibility
The following must be submitted as a package for a request to review an erosion control plan for land-
disturbing activities that are regulated under the Orange County Unified Development Ordinance (UDO):
1. One completed signed, and notarized Application for Erosion Control Plan Approval, Stormwater
Management Plan Approval and Land Disturbing Permit with the Statement of Ownership and Financial
Responsibility form. Use an original form or good copy; Please DO NOT fax.
2. One copy of the proposed sediment and erosion control plan drawing, prepared according to the standards
outlined in the North Carolina Division of Energy, Mineral, and Land Resources (NCDEMLR) Erosion and
Sediment Control Design Manual https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-
mineral-land-permit-guidance/erosion-sediment-control-planning-design-manual.
3. One copy of any supporting calculations and other applicable documents.
4. Application fee. Note, the land disturbing permit fee may also be paid at the time of submittal so that the
permit can be obtained when the plan approval is given, or the fee can be paid at a later time as long as the
plan has been approved and is still valid. The expiration dates of the approvals, stated below, should be
considered when making this decision so that the land disturbing permit does not expire and the fee lost
before construction can begin.
All of the above items must be received before the application will be reviewed. The review period (30 days)
provided by UDO does not begin until all items have been received by the Erosion Control / Stormwater
Division.
Expiration of Plan Approval and Land Disturbing Permit
An approved Erosion Control Plan approval expires after 18 months if work has not begun (based on the
definition of the start of construction in the UDO). An approved Land Disturbing Permit (LDP) expires two (2)
years after the start of construction. If construction extends beyond two (2) years, another LDP must be paid.
Page 6
Instructions for Completing the Application Form
Please type or print in ink. Please Do Not Use a Pencil!
1. Name of Project: Give the name of the development, subdivision, shopping center, road, sewer line, etc. for which
the plan approval and land-disturbing permit are required. Use the same name used for other approvals.
2. Parcel Identification Numbers (PINs): What are the current PINs assigned to this property?
3. Planning Jurisdiction: What local government has planning jurisdiction over this project (e.g. Carrboro, Chapel Hill,
Hillsborough, or Mebane) or is the project contained within Orange County’s jurisdiction?
4. Size of Tract: How many acres are in the whole site?
5. Area Disturbed: How much area will be uncovered and/or disturbed? Give the area in both square feet and acres.
(There are 43,560 square feet in an acre.)
If one (1) acre or more will be disturbed or uncovered, the project comes under the conditions of the General Permit
of the Environmental Protection Agency’s National Pollutant Discharge Elimination System (NPDES) Stormwater
Discharge, which is administered be the North Carolina Division of Energy, Mineral, and Land Resources
(NCDEMLR). In addition, the NCDEMLR Self-Inspection Program applies to projects disturbing 1 or more acres.
Contact the Erosion Control / Stormwater Division for details concerning the General Permit and Self-Inspection
Program.
6. Fees: Calculate the plan review fee and the land disturbing permit fee using the disturbed acreage total from #5 above.
The fees are based on the total disturbance involved including any off-site disturbances such as utility extensions,
roadway improvements, borrow and waste areas, soil stockpiles, storage yards, etc.
If the project is over the land-disturbance thresholds for the specific watershed in which the project is located; located
in either the Falls Lake Watershed (Neuse Basin); or Jordan Lake Watershed (Cape Fear Basin); and the project is
within Orange County’s planning jurisdiction, a Stormwater Management Plan (SMP) is required for the project. If
an SMP is required for the project, an additional fee of $500.00 per each proposed permanent Stormwater Control
Measure (SCM) – or a flat fee of $300 for a Low Impact Development (LID) project – is added to the plan review fee
and a sealed SMP must be included with the application. See the 2020-2021 Erosion Control and Stormwater Fee
Schedule for further details on SMP review fees. Please refer to the watershed matrix or contact Orange County
Erosion Control / Stormwater to determine if an SMP and an associated SMP review fee are required.
If the project is located within the planning jurisdiction of one of the municipalities a stormwater management plan
may be required, but is administered by the specific municipal jurisdiction.
The plan review fee must accompany the application in order for the application to be considered complete and
review process to begin. LDP fees may be paid at the time of application or obtained at a later date, provided plan
approval has been granted and has not expired. However, the land disturbance cannot begin until the appropriate fee
has been paid, the LDP is obtained, a Pre-construction Conference held with Erosion Control / Stormwater personnel,
and any other applicable conditions of approval or required permits are met.
Payment by check is preferred, and checks should be made out to Orange County, NOT Orange County Erosion
Control.
Fees are subject to change; if in doubt or you have not submitted a plan recently, contact erosion control /
stormwater personnel to ensure this is the current fee schedule. Fees are not refundable, even if the plan is never
approved, the approval or permit expires, or the proposed disturbance is never carried out.
Page 7
*2020-2021 Erosion Control and Stormwater Review Fee Schedule
Erosion Control Plan Rates and Fees: THERE IS NO MAXIMUM FEE!
Land Disturbing Permit Rates and Fees: THERE IS NO MAXIMUM FEE!
Stormwater Management Plan (SMP) Review Fees:
Non-LID Projects: $500.00 per each permanent SCM
LID Projects: $300 flat fee (an additional $200 flat fee applies if a Conservation Easement is proposed)
*As applicable, the above Fees are cumulative.
Definitions for Determining Erosion Control Fees: Differences over which category to which a land-
disturbing activity belongs will be resolved by the Erosion Control / Stormwater Supervisor.
Erosion & Sedimentation Control Plan review and LDP fees are based on types of land-disturbance (rural,
urban, or intense urban disturbance) and the amount of land-disturbance. The combined rates (plan review
+ permit fees) are as follows:
The Rural Disturbance Rate is applied only in unincorporated Orange County with development
proposing exempt subdivisions, minor subdivisions, single-family residential, duplex-residential and
recreational development.
The Urban Disturbance Rate is applied primarily to properties inside the municipalities (Carrboro,
Chapel Hill, Durham, Hillsborough and Mebane). This urban rate also applies to non-rural
development, as described above, in unincorporated Orange County, as long as less than 50% of the
tract being developed is disturbed.
The Intense Urban Disturbance Rate is applied County wide if more than 50% of the tract is disturbed,
regardless of development type.
Definitions for Determining Stormwater Management Plan (SMP) Review Fees:
A Non-LID Project is a project in which SMP requirements will be met via the installation of permanent
SCMs, in conformance with the NCDEQ Stormwater Design Manual.
An LID Project is a project in which SMP requirements will be met via the implementation of Low
Impact Development (LID) criteria as defined in Chapter 2 of the most recent version of the North
Carolina Low Impact Development Guidebook, in lieu of the installation of permanent SCMs.
Rural Disturbance:
Urban Disturbance:
Intense Urban Disturbance:
$158.00 per acre of disturbance
$272.00 per acre of disturbance
$507.00 per acre of disturbance
Rural Disturbance:
Urban Disturbance:
Intense Urban Disturbance:
$310.00 per acre of disturbance
$646.00 per acre of disturbance
$1,241.00 per acre of disturbance
Page 8
Examples of Fee Calculations:
For private road construction: Classified as a rural disturbance. The road will be approximately 1,250 feet long; the
average width of disturbance will be 30 feet (considered average clearing width for a private road). 1,250’ x 30’ =
37,500 square feet or 0.86 acres. The PLAN REVIEW FEE is 0.86 acres x $158.00 per disturbed acre = $135.88.
This amount must be included with the application for the review process to begin. The LDP FEE is 0.86 acres x
$310.00 per acre = $266.60, rounded to the nearest whole dollar is $267.00. This amount can be included with the
application (if construction of the project is certain), or paid prior to the start of construction.
For road construction to NCDOT standards: Classified as urban disturbance (less than 50% of the site will be
disturbed). The road will be approximately 1,250 feet long; since the entire right-of way must be cleared, the average
width of disturbance will be 50 feet. 1,250’ x 50’ = 62,500 square feet of 1.44 acres. The PLAN REVIEW FEE is
1.44 acres x $272.00 per disturbed acre = $391.68. This amount must be included with the application for the
review process to begin. The LAND DISTURBING PERMIT FEE is 1.44 acres x $646.00 per acre = $930.24.
This amount can be included with the application (if construction of the project is certain), or paid prior to the start of
construction.
For a non-residential site: A 0.75 acre lot involving 0.85 acres of disturbance (0.1 acre is the street right-of-way that
will be disturbed) and classified as an intense urban disturbance because more than 50% of the tract will be disturbed.
The PLAN REVIEW FEE is 0.85 acres x $507.00 per disturbed acre = $430.95, rounded to the nearest whole dollar
is $431.00. This amount must be included with the application for the review process to begin. The LAND
DISTURBING PERMIT FEE is 0.85 acres x $1,241.00 per acre = $1,054.85, rounded to the nearest whole dollar is
$1,055. This amount can be included with the application (if construction of the project is certain), or paid prior to the
start of construction.
7. Approximate Date Land Disturbance Will Begin: Give the best estimate possible regarding when the anticipated
work will begin. Per the Unified Development Ordinance, staff has 30-days for initial review following receipt of a
complete application package. Staff has 15-days to review revised plans. Therefore, for complex plan submittals, we
recommend adding 60 calendar days to your initial submittal date as a realistic expectation. This allows you and/or
your designer 15-days to turn around any required plan revisions, assuming only one round of corrections are
necessary.
8. Landowner(s) of Record: Give the requested information for all of the current owners listed on the deeds and/or
instruments listed in answer to question number 10 below. Give all of the information, including the current mailing
address, requested for each owner.
9. Future Landowner(s) (if applicable): If another person(s) or firm(s) will take possession of the property, initiate and
conduct the land disturbance, give the requested information for all of the known future owner(s) to be listed on the
deeds and/or instruments to be recorded. Give all of the information, including the current mailing address, requested
for each owner. This does not apply to subdivisions where individual lots may be sold to builders or homeowners and
it is unrealistic for the person financially responsible to know or involve these owners in advance. Example: Where a
tract is under a purchase option, show the current owner as the Landowner and the future Landowner as the developer
holding the option and developing the property (applying for subdivision approval, erosion control plan approval,
etc.).
10. Person(s) or Firm(s) Financially Responsible for the Disturbance: This can be the current owner, the developer,
the person or firm holding a lease or option on the property. This the party paying the fees for the development, land
disturbance, and construction of the property, not the building or grading contractor who will be hired to perform the
clearing and implement the erosion control plan, even though there is a contract agreement stating that the contractor
is responsible for implementing the erosion control plan. The contractor is ultimately liable to the owner/developer;
the owner/developer. The person financially responsible is liable to the County for both the implementation and
success of the approved plan. Statements on the plan that the contractor is responsible do not remove responsibility
for compliance with the UDO, and/or for enforcement actions and/or fines and penalties.
Page 9
11. Registered Agent (if any) for the Person Financially Responsible: A North Carolina agent is required if the
applicant if the applicant is not a resident of North Carolina. This may be an attorney, engineer, etc. acting as an
agent for the owner of this site.
12. Description of Land Disturbance / Construction: What is being built: office buildings, apartments, street, parking
lot, sewer line, etc.? List all the various components of the project.
13. Plans Prepared By: Name, mailing address, and telephone number of the person or firm that prepared the plan. In
the interest of time and effort, erosion control / stormwater personnel will contact this person about revisions to the
proposed plan instead of contacting the owner/developer.
14. Signature and Witness: This application and statement of ownership must be signed under oath by the financially
responsible person, if an individual or by an officer, director, partner, attorney-in-fact, or other person with authority
to execute instruments for the financially responsible person if not an individual. This form must be signed in the
presence of a Notary Public and signed and sealed by that Notary.
When and Where to Submit the Application
At least 60-days prior to the desired start of construction, submit the completed, signed, and notarized application
together with the plans and a check for the plan review fee (plus the Land Disturbing Permit fee, if you decide to
include it) to the address at the top of the first page of the application. Make checks payable to “Orange County”.
You may ship, mail or hand deliver the plans. Please note that hand delivery does not expedite the review process.
Our policy is to review the plans in the order as they are received and deemed sufficient.
If interested in electronic plan submittal and review, please check with us as we will soon be accepting Land
Disturbing Permit applications, online payment and electronic plans via our new Citizen Self Serve (CSS) portal. The
review can be conducted electronically and, upon approval, we would require a paper copy for our files.
Review and Response to the Application
The Orange County UDO allows up to 30 days for initial review and response to the erosion control / stormwater
management plan, followed by up to 15 day re-submittal reviews if necessary.
The plan will be reviewed and the designer contacted if there are questions or if revisions are needed. A site
investigation is normally a part of the review process. The Ordinance gives erosion control / stormwater personnel the
authority to enter the site to conduct investigations and to ensure compliance with the approved plan and Ordinance
once work begins.
The plan will be approved, approved with conditions of approval, or if disapproved, staff will discuss the needed
revisions with the designer in an effort to resolve the issues so that it can be approved. If these efforts are
unsuccessful, the plan will remain as disapproved and can be appealed at that time.
If approved, an approval packet will be sent to the financially responsible party or registered agent as supplied on the
application.
Erosion Control and Stormwater Contracts
Patrick Mallett Erosion Control & Stormwater
Supervisor
pmallett@orangecountync.gov 919-245-2577
Christopher Sandt, P.E. Staff Engineer csandt@orangecountync.gov
919-245-2583
Steve Kaltenbach Erosion Control Officer II skaltenbach@orangecountync.gov
919-245-2588
Kenneth Owens Erosion Control Officer II kowens@orangecountync.gov
919-245-2584
athan Jacobsen Erosion Control Officer I njacobsen@orangecountync.gov 919-245-2580
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Completed 3 March 2021

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