AG 1997 10 20 - Laserfiche WebLink

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387 DRAFT obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Department's Division of Solid Waste Management shall be considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity. Section 11 Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. Section 12 Operations in Lakes or Natural Watercourses Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes tn the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided. Section 13 Responsibility for Maintenance During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved Plan or any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. Section 14 Additional Measures Whenever the County staff determines that significant sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-disturbing activity will be required to and shall take additional protective action. Section 15 Existin~ Uncovered Areas a. All uncovered areas existing on the effective date of this Ordinance which resulted from land-disturbing activity, which exceed one (1) acre [except as provided in Section 6(a)(2)], are subject to continued accelerated erosion, and are causing off-site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation. b. The County staff will serve upon the landowner or other person in possession or control of that land a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed which such measures must be completed. In determining the measures required and the time allowed for compliance, the County staff shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. c. The County staff reserves the right to require preparation and approval of a Plan in any instance where extensive control measures are required. Section 16 Permits a. No person shall undertake any land-disturbing activity subject to this Ordinance without having first obtained a permit therefore from the County staff except that no permit shall be required for any land-disturbing activity: 1. For the purpose of fighting fires; or 2. For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage; or 3. That does not exceed one (1) acre [except as provided in Section 6(a)(2)] in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated.