1. This Article applies to all land-disturbing activities with the following exclusions:
   1. Land-disturbing activities, including but not limited to, the breeding and grazing of lifestock undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to:
      1. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts;
      2. Dairy animals and dairy products;
      3. Poultry and poultry products;
      4. Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats;
      5. Bees and apiary products; and
      6. Fur-producing animals.
   2. Land-disturbing activities undertaken on forest land for the production and harvesting of timber and timber products and conducted in accordance with Forest Practice Guidelines Related to Water Quality, Title 15A North Carolina Administrative Code, Subarticle 11, sections 1.010-.0209, as adopted by the North Carolina Department of Environment, Health and Natural Resources. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, Title 15A North Carolina Administrative Code, Subarticle 11, sections 1.010-.0209, the provisions of this Article shall apply to such activity and any related land-disturbing activity on the tract.
   3. Activities for which a permit is required under the Mining Act of 1972, N.C. Gen Stat., Chapter 74, Article 7.
   4. Land-disturbing activities undertaken for the duration of an emergency, activities essential to protection of human life.
2. This Article does not apply to the following land-disturbing activities, as such activities are subject to the regulatory jurisdiction of the North Carolina Sediment Control Commission:
   1. Activities conducted by the State of North Carolina;
   2. Activities conducted by the United States;
   3. Activities conducted by persons having the power of eminent domain;
   4. Activities conducted by local governments, except that the City Council of the City of Raleigh hereby declares its intent that all of the departments and agencies of the City, its contractors and subcontractors shall also comply with the regulations set forth in this Article; and
   5. Activities funded in whole or in part by the State of North Carolina or the United States.

The Raleigh Guidelines for Land Disturbing Activities and amendments, on file in the City Clerk’s Office, is adopted by reference as part of this UDO.

1. The objectives to be considered in planning, developing, implementing and maintaining adequate erosion and sedimentation controls and undertaking land-disturbing activities are to.
   1. Identify Critical Areas
      Identify on-site areas which are subject to erosion and off-site areas which are vulnerable to damage from erosion or sedimentation and provide special attention to these areas.
   2. Limit Time of Exposure
      Limit time of exposure of all land-disturbing activities so that such activities are planned and conducted to limit uncovered soil surfaces to the shortest feasible time.
   3. Limit Exposed Areas
      Limit exposure of all land-disturbing activities so that these activities are planned and conducted to minimize the size of the uncovered area at any 1 time.
   4. Control Surface Water
      Control surface water runoff originating upgrade from uncovered soil surfaces to reduce erosion and sediment during the period of exposure.
   5. Control Sedimentation
      Control all land-disturbing activities so that such activities are planned and undertaken to prevent off-site sedimentation damage.
   6. Manage Stormwater Runoff
      Manage stormwater runoff when the increase in the velocity of stormwater runoff resulting from a land-disturbing activity can cause accelerated erosion at the point of discharge or receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and sedimentation of the receiving watercourse.
   7. Control Operations in Lakes or Natural Watercourses
      Control land-disturbing activities in connection with construction in, on, over or under a lake or natural watercourse so that such activities are planned and undertaken to minimize the extent and duration of disturbance of the lake or natural watercourse. Natural watercourses should be preserved.
2. An erosion and sedimentation control plan may be disapproved if the plan fails to address the foregoing control objectives.
3. When deemed necessary by the approving authority, a pre-construction conference shall be held.

No land-disturbing activity shall occur except in accordance with the following standards; wherever there is a conflict between two or more of these standards, the more stringent regulation is controlling.

1. General Requirements
   1. Prior Plan Approval
      1. An erosion and sedimentation control plan must be approved by the Engineering Services Director at least 30 days prior to any regulated land-disturbing activity. This does not restrict the initiation of land disturbing activities when the plan is approved and the permit is issued in less than 30 days from initial submission. Failure to approve, approve with modifications, or disapprove a completed draft erosion and sedimentation control plan within 30 days of receipt shall be deemed approval of the plan.
      2. When determining the area of land-disturbance, the square footage of land-disturbance of all land and bodies of water disturbed or to be disturbed shall be aggregated, regardless of whether under single or diverse ownership.
      3. A surety equal to the cost of clearing, grubbing and reseeding a site shall be paid to the City prior to grading permit issuance. If the property is subject to a continuing violation the City may cash the surety.
      4. An approved erosion and sedimentation control plan is required for any land-disturbing activity of 12,000 square feet or greater.
      5. An approved erosion and sedimentation control plan is required for any land-disturbing activity below 12,000 square feet for the following:
         1. Land-disturbing activity in any Watershed Protection Area;
         2. Relocation of any natural watercourse;
         3. Upon the occurrence of off-site sedimentation; or
         4. When a person conducting a land-disturbing activity has been issued two or more Notices of Violation, within the last 2 years, for failure to comply with the provisions of Article 9.4. For purposes of this subsection, an applicant's record is considered for the 2 years prior to the development permit application date.
   2. Protection of Property
      Persons conducting land-disturbing activity must take all reasonable measures to protect all public and private property from damage caused by land-disturbing activity.
   3. NPDES Stormwater Permit for Construction Activity
      Documentation required under the site National Pollutant Discharge Elimination System (NPDES) stormwater permit for construction activity shall be submitted to the City.
2. Adequate Erosion Control Measures
   Adequate erosion control measures shall be provided in accordance with Sec. 9.2.2.E.
3. Design and Performance Standards and Guidelines
   1. Copies of design and performance standards which are contained in Guidelines for Land-Disturbing Activities will be published by the City and placed on file in the Office of the City Clerk and the Engineering Services Director.
   2. All erosion control plans, erosion control measures, ground covers, maintenance and calculations must be in accordance with the applicable Guidelines for Land-Disturbing Activities and State of North Carolina Erosion and Sediment Control Planning and Design Manual; in the event of any conflict, the more stringent regulation applies.
4. Buffer Zones
   1. Buffer Zones Generally
      1. No land-disturbing activity during periods of construction or improvement to land are allowed in proximity to a lake or natural watercourse unless a buffer zone is provided along the watercourse to confine visible siltation within 25% of the buffer zone nearest the landdisturbing activity.
      2. Unless otherwise provided, the width of a buffer zone is measured from the edge of the watercourse to the nearest edge of the disturbed area.
   2. Buffer Zone Exceptions
      This section does not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over or under a lake or natural watercourse. No land-disturbing activity, except as permitted in Sec. 9.2.3.B. and Sec. 9.2.3.C. or Article 9.5. Watershed Protection Areas, shall take place:
      1. Within any watercourse buffer area unless it conforms to the requirements of Sec. 9.2.3.B. and Sec. 9.2.3.C. and the provisions of this Article; and
      2. Within any high-quality water zone unless it conforms to the requirements of Article 9.5. Watershed Protection Areas and the provisions of this Article.
5. Graded Slopes and Fills
   The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed shall be provided with ground cover, devices or structures sufficient to restrain erosion. For all areas of moderate or steep slopes, temporary ground cover shall be provided if the slope has not been disturbed for a period of 14 days.
6. Ground Cover
   1. Whenever a land-disturbing activity occurs, the person undertaking the activity shall install such ground cover, devices or structures sufficient to restrain erosion and retain sediment within the boundaries of the tract at all times.
   2. Any portion of a site upon which further land-disturbing activity is not being undertaken shall be provided with ground cover sufficient to restrain erosion within 14 calendar days of temporarily or permanently suspending the land disturbing activity. Permanent ground cover shall be installed within 14 calendar days following completion of construction or development.
7. Downstream Protection of Discharge Points and Receiving Watercourses
   1. Permanent Protection
      Any area of a land-disturbing activity and all receiving watercourses or discharge point must be permanently protected from accelerated erosion caused by increased velocity of stormwater runoff resulting from a land disturbing activity.
   2. Post Construction Velocity
      For any land-disturbing activity, the post construction velocity of the 10-year storm runoff in the receiving water-course to the discharge point does not exceed the greater of:
      1. The velocity of the 10-year storm runoff in the receiving watercourse prior to a development;
      2. The velocity specified according to the following table for a discharge point into a receiving watercourse with bare soil or rock bed or banks; or

         	Maximum Permissible Velocities
         Material	(F.P.S.)	(M.P.S.)
         Fine sand (noncolloidal)	2.5	0.8
         Sandy loam (noncolloidal)	2.5	0.8
         Silt loam (noncolloidal)	3.0	0.9
         Ordinary firm loam	3.5	1.1
         Fine gravel	5.0	1.5
         Stiff clay (very colloidal)	5.0	1.5
         Graded, loam to cobbles (noncolloidal)	5.0	1.5
         Graded, silt to cobbles (colloidal)	5.5	1.7
         Alluvial silts (noncolloidal)	3.5	1.1
         Alluvial silts (colloidal)	5.0	1.5
         Course gravel (noncolloidal)	6.0	1.8
         Cobbles and shingles	5.5	1.7
         Shales and hard pans	6.0	1.8

      3. The velocity specified according to the following for a discharge point
         into a vegetated receiving watercourse.

         Group No.	Vegetation	Depth of Flow (feet)	Maximum Permissible Velocity* (F.P.S.)
         1	Bermudagrass	t1	4
         		u1	6
         2	Tall fescue	t1	3
         	Reed canarygrass Kentucky bluegrass	u1	6
         3	Grass and legumes, mixed	t1	3
         	Weeping lovegrass	u1	4
         4	Lespedeza, sericea	t1	2.5
         	Red fescue, Red top	u1	2.5
         5	Annuals:** Annual lespedeza (KOBE)	t1	2.5
         	Sundangrass Small grain (rye, oats, barley): Ryegrass	u1	2.5

   3. General Velocity Standard
      Any area of a land-disturbing activity or receiving watercourses subject to stormwater runoff velocities in excess of those specified in Sec. 9.4.4.G.2. above from accelerated erosion by provision of an erosion-resistant lining of vegetation in accordance with Sec. 9.4.4.G.2.c. above provided, armored, paved or otherwise nonvegetative watercourse lining shall be provided
      anywhere the velocity in the receiving watercourse exceeds Sec. 9.4.4.G.2.c. and the prior development velocity by 10%.
   4. Critical Soils
      When the following soils (as defined and described in the soil survey of Wake County North Carolina Soil Conservation Service, United States Department of Agricultural, November, 1970) which are especially vulnerable to erosion from stormwater discharge from land-disturbing activities, occur between a point of stormwater discharge and the next confluence of concentrated stormwater runoff, such areas, on- or off-site shall be protected from accelerated erosion by diverting the stormwater discharge from those soil surfaces. The application of this section may not prevent discharge of
      stormwater from a land-disturbing activity site. Diversion may include the provision of piped, paved or armored storm drainage facilities:
      1. Applying sandy loam, 10% to 15% slopes (ApP);
      2. Cecil sandy loam, 10% to 15% slopes (CeD);
      3. Cecil sandy loam, 15% to 45% slopes (CeF);
      4. Creedmore sandy loam, 10% to 20% slopes (CrE);
      5. Enon fine sandy loam, 10% to 15% slopes (EnD2);
      6. Georgeville silt loam, 10% to 15% slopes (GeD2);
      7. Granville sandy loam, 10% to 15% slopes (GrD);
      8. Helena sandy loam, 10% to 15% slopes (HeD);
      9. Herndon silt loam, 10% to 25% slopes (HrD2);
      10. Herndon silt loam, 15% to 25% slopes (HrE);
      11. Lloyd loam, 10% to 15% slopes (LdD2);
      12. Louisburg loamy sand, 10% to 15% slopes (LoD);
      13. Made land, (Ma) greater than 4% slopes under actual field conditions;
      14. Madison sandy loam, 10% to 15% slopes (MdD2);
      15. Madison sandy loam, 15% to 25% slopes (MdE2);
      16. Mayodon sandy loam, 10% to 15% slopes (MfD2);
      17. Mayodan sandy loam, 15% to 25% slopes (MfE);
      18. Mayodan silt loam, 10% to 15% slopes (MyD);
      19. Pinkston sandy loam, 10% to 45% slopes (PkF);
      20. Wake, 10% to 25% slopes (WkE);
      21. Wedowee sandy loam, 10% to 15% slopes (WmD2);
      22. Wedowee sandy loam, 15% to 25% slopes (WmE);
      23. White Store sandy loam, 10% to 20% slopes (WsE);
      24. White Store clay loam, 2 to 15% slopes (WvD3);
      25. Wilkes, 10% to 20% slopes (WwE);
      26. Wilkes, 20% to 45% slopes (WwF); and
      27. Wilkes, 15% to 25% slopes (WxE).
   5. Armored
      Armored or otherwise non-vegetatively lined watercourse lining shall, in addition to the requirements of Sec. 9.4.4.G.3. above, be provided at the storm outlet and for those portions of the receiving watercourse which have undergone land-disturbing activity.
   6. Exception
      Where piped, paved or armored storm drainage facilities connect to existing off-site piped, paved or armored storm drainage facilities or where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse, none of the foregoing provisions of this section shall apply.
   7. Equivalent Alternatives
      The management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Alternatives include, but are not limited to:
      1. Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious;
      2. Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections;
      3. Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the discharge point. These may range from simple rip-rapped sections to complex structures; and
      4. Protect watercourses subject to accelerated erosion by improving cross-sections or providing erosion-resistant lining.
8. Operations in Lakes or Natural Watercourses
   1. Any 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 so as to minimize the extent and duration of disturbance of the stream channel and to prevent off-site sedimentation.
   2. The relocation of a natural watercourse must meet the provisions of Sec. 9.4.4.G. and must minimize changes to the stream flow characteristics. The relocation of a natural watercourse may not occur in natural resource buffer yards of a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District.
9. High-Quality-Water Zones
   Within high-quality-water (HQW) zones the following additional design standards shall apply.
   1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land-disturbing activity within an HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of both the Director of the Division of Land Resources of the North Carolina Department of Environment, Health and Natural Resources and the City Council.
   2. Sediment basins shall be designed and constructed such that the basin will have a settling efficiency of at least 85% for the 40 micron size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures required by this Article.
   3. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than 2 horizontal to 1 vertical if vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion.
10. Keep Dirt and Mud Off Public Streets
    The accumulation of more than 1/32 inch of dirt, mud or both on any public street, measured 6 feet from an entrance or exit of any land disturbing activity, is prohibited.

1. During the development of a site, any person undertaking the land-disturbing activity must install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, any provision of this Article, the North Carolina Sedimentation Pollution Control Act of 1973 or any order adopted pursuant to this Article or the Sedimentation Pollution Control Act.
2. After site development, the land owner 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 rightof-way or easement accepted for maintenance by a governmental agency.
3. Whenever a permanent erosion and sediment control measure is washed out or is otherwise disabled the land owner or person in possession or control of the land shall replace the permanent erosion and sediment control measure within 15 working days or 30 calendar days, whichever period is shorter, unless a longer period of time is allowed in writing by the Engineering Services Director.
4. When energy dissipators or other adequate erosion control measures serve more than 1 lot and are located on private property, they shall be located on a lot or lots which are as large or larger in size than the typical lot size within the development. There shall be recorded, after approval by the City, in the Wake County Registry a map of those lots and said map shall bear the following note: "The energy dissipator which controls stormwater velocities, stormwater retention or detention devices and other erosion control measured located on this lot are required to be maintained by the property owner or owners for that portion of the device on his lot in accordance with the requirements of the Raleigh City Code.”
5. Whenever stormwater control facilities serve more than 1 lot that are not accepted for maintenance by a governmental agency, prior to recording any lot served by the facility a maintenance covenant conforming with Sec. 9.2.2.G.2. shall be recorded with the local county register of deeds offices.

1. All land-disturbing activity permits shall be obtained from the City.
2. No person shall initiate any land-disturbing activity in a -FWPOD or -SWPOD in any watercourse natural buffer yard established pursuant to Sec. 9.2.3. in open space areas or to relocate any natural watercourse or in any other area if more than 12,000 square feet is to be uncovered unless, 30 or more days prior to the anticipated date for initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the City; but this shall not restrict the initiation of land-disturbing activities when the plan is approved and the permit is issued in less than 30 days from initial submission.
3. No permit authorized by this UDO shall be issued until the boundaries encompassing a work site adjacent to any -FWPOD, -SWPOD, watercourse natural resource buffer, trout water buffer, watercourse natural resource buffers in a -MPOD or in a CM District, a high-quality water zone, any tree protection limits of any -MPOD, CM and -SHOD- or any area where vegetation is required to be maintained by a conditional district or an approved site plan are clearly and accurately demarked by a protective fence in the field. The location and extent of all authorized land-disturbing activities shall be similarly demarcated for so long as any land-disturbing activity continues.
4. The following table summarizes the plan approval process required:

   	Size of Site
   Plan required to be prepared and filed with:	Less than 12,000 sq. ft.	Between 12,000 sq. ft. and 1 acre	Greater than 1 acre
   City of Raleigh	No	Yes	Yes
   Plan approval required prior to commencement of land disturbance	No	Yes	Yes

1. Whenever the City determines that off-site sedimentation may occur or is occurring as a result of a previous or on-going land-disturbing activity, despite application and maintenance of protective practices, the person undertaking the land-disturbing activity or the person responsible for maintenance will be required to and shall provide further adequate erosion control measures.
2. The City shall serve one or more of the following: any person undertaking a land disturbing activity or the person responsible for maintenance or any of their appointed agents, written notice of violation with this section, specifying the noncompliance.
3. Service shall be done in any of the following ways: Registered mail, certified mail return receipt requested, personal service or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4.
4. The notice shall set forth the measures needed to come into compliance and shall state the time within which such compliance must be completed and warn that failure to correct the violation within the time period will result in the additional civil and criminal penalties for a continuing violation. Alternative equivalent measures may be submitted and, if approved by the City, must be completed within the time period stated for compliance.
5. In determining the measures required and the time allowed for compliance, the City shall take into consideration the economic feasibility, technology, quantity of work required and extent of damage; it shall then set reasonable and attainable time limits for compliance.
6. The failure to comply with the notice or approved alternate equivalent measures within the time specified shall be a further violation of this UDO.

1. Except as provided in Sec. 9.4.8.D. below, the disapproval or required modification of any proposed erosion control plan or the refusal to issue a grading or other necessary permit by the City shall entitle the person who submitted the plan or applied for the permit to appeal this decision to the Board of Adjustment pursuant to Sec. 10.2.11. Where the deadlines and procedures set forth in Sec. 10.2.11. conflict with the deadlines and procedures of this Sec. 9.4.8., the deadlines and procedures of this Sec. 9.4.8. shall prevail.
2. Appeal must be made in writing to the City Clerk and the Engineering Services Director within 15 days of written notice of disapproval or modification of plan or refusal to issue a permit.
3. No appeal, other than to reduce the width of the natural resource buffer yards, that would be inconsistent with either the Standards of the Water Supply Watershed Act, N.C. Gen. Stat. §143-214.5 or the regulations adopted pursuant thereto shall be granted without the prior approval of the Environmental Management Commission.
4. Upon receipt of an appeal, the City shall notify in writing and in sufficient time to allow a reasonable comment period, all other local governments having jurisdiction within the water supply watershed. Each year the City will transmit to the Environmental Management Commission a report on each appeal it receives.
5. Hearings held pursuant to this section shall be held by the Board of Adjustment within 30 days from the date the appeal is filed in the City Clerk’s office. The Board of Adjustment shall then render a decision no later than 21 days following said hearing.
6. If the Board of Adjustment upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall within 15 days following the decision of the Board of Adjustment be entitled to appeal the Board of Adjustment’s action to the Sedimentation Control Commission pursuant to Title 15 4B.0018(b) of the North Carolina Administration Code and N.C. Gen. Stat. §113A-61(c).
7. In the event that an erosion control plan is disapproved, the City shall notify the Director of the Division of Land Resources of the North Carolina Department of Environment, Health and Natural Resources of such disapproval within 10 days. The City shall advise the applicant and the Engineering Services Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of Sec. 9.4.8.A. through Sec. 9.4.8.C. above, the applicant may appeal the City’s disapproval of the plan directly to the Sedimentation Control Commission.
8. Judicial review of the final action of the erosion plan review committee of the Sedimentation Control Commission may be had in Superior Court of Wake County.

1. Any person who fails to file a plan in accordance with this UDO or who undertakes a land-disturbing activity except in accordance with provisions of a plan approved under this UDO shall be deemed in violation of this UDO.
2. If it is determined that any person who undertakes a land-disturbing activity has failed to comply with the provisions of this Article, any regulation, rule or order, duly adopted pursuant to this Article, a notice of violation shall be served upon that person or his appointed agent. The initial civil penalty shall be assessed from the date of the violation.
3. The notice shall be served by registered mail, certified mail return receipt requested or by any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. The notice shall specify a date by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply.
4. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 consecutive calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe off-site sedimentation.
5. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation.
6. If, after the allotted time period has expired, corrective action has not been completed, the additional penalties shall be assessed from the date of initial violation and each day of continuing violation thereafter shall constitute a separate violation under this section.
7. The notice shall explain the type of enforcement procedures which may be issued for violations. If the person undertaking the land-disturbing activity fails to comply within the time specified, such person shall be in further violation of this UDO.

1. Agents and officials of the City shall inspect the land-disturbing activities at reasonable times to ensure whether the activities are being conducted in accordance with the approved plan or the requirements of this UDO and to determine whether the measures implemented are effective in controlling accelerated erosion and preventing off-site sedimentation.
2. Notice of this right to make inspections shall be included in the certificate of approval of each soil erosion and sedimentation control plan.
3. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties.

1. Civil Penalties
   1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues a land-disturbing activity for which a soil erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be subject to the specific civil penalties set forth in Sec. 9.4.11.F.
   2. The initial civil penalty shall be assessed from the date of the violation.
   3. No penalty shall be assessed until the person alleged to be in violation or their appointed agent is served by registered mail, certified mail-return receipt requested, personal service notice of violation or any other means authorized under N.C Gen. Stat. §1A-1, Rule 4.
   4. The notice shall specify a time by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply and shall direct the violator to either pay the assessment or contest the assessment within 30 days by filing a petition for a contest case under N.C. Gen. Stat. Chapter 150B, Article 3.
   5. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 consecutive calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe off-site sedimentation.
   6. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation. If, after the allotted time period has expired, corrective action has not been completed, the additional civil penalties shall be assessed from the date of the initial violation. Each day of continuing violation thereafter shall constitute a separate violation.
   7. The Revenue Collector of the City shall make written demand for payment upon the person in violation and shall set forth the amount of the penalty and the reason for assessing the penalty; the Revenue Collector, for continuous violations, shall send within each 10 day period additional notice to the person in violation.
   8. Notice of the assessment shall be by registered or certified mail or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. If the payment is not received within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty. Such civil actions must be filed within 3 years of the date the assessment was due.
   9. Civil penalties collected pursuant to this provision shall be used or disbursed as directed by law.
2. Stop-Work
   A stop-work order may be issued if a land-disturbing activity is being conducted or was conducted in violation of this Article, any regulation, rule or order duly adopted pursuant to this Article or is being undertaken or continued for which a soil erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan and that either:
   1. The land-disturbing activity is being conducted without an approved plan, a permit or both;
   2. The violation endangers life, property or both or that such endangerment is imminent; and
   3. The land-disturbing activity is being conducted without installing all protective measures in accordance with the approved soil erosion and sedimentation control plan.
   4. All stop-work orders shall be in writing served on and directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violations have occurred and all measures necessary to abate the violations have been taken.
3. Criminal Penalties
   Any person who knowingly or wilfully violates any provision of this Article, rule, regulation, order duly adopted or issued pursuant to this Article or who knowingly or willfully undertakes or continues a land-disturbing activity for which an erosion control plan is required, except in accordance with the terms, conditions and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000 or both, in the discretion of the court.
4. Injunctive Relief
   1. Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Article or rule, regulation, order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved soil erosion and sedimentation control plan, the City may, either before or after the institution of any other action or preceding authorized by this UDO, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Wake County.
   2. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed or to prevent the threatened violation. The institution of an action for injunctive relief shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO.
5. Restoration
   Any person who undertakes a land-disturbing activity and who fails to retain sediment generated by the activity, as required by N.C. Gen. Stat. §113A-57(3), is required to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section.
6. Specific Civil Penalties
   Civil penalties for specific violations of this Article shall be assessed as follows:
   1. Grading without a permit. $5,000 per day for failure to secure a valid required grading permit prior to conducting a land-disturbing activity.
   2. Grading beyond the limits of a grading plan. $1,000 per day per 1/10 of a graded acre beyond the limits of an existing grading permit without the approval of an amended grading permit, but not to exceed $7,000 per day.
   3. Failure to protect. $5,000 per day for failure to take all reasonable measures to protect public property or private property, from damage caused by the failure to retain sediment on-site for the design storm.
   4. Failure to follow plan. $3,000 per day for failure to conduct a land-disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan.
   5. Failure to install devices. $5,000 per day for failure, when more than 1 acre is disturbed, $2,500 per day when 1 acre or less than 1 acre is disturbed, to install erosion and sedimentation control devices sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract(s) and prevent off-site sedimentation.
   6. Failure to maintain permanent and/or temporary measures. $2,500 per day for failure to maintain adequate erosion control measures.
   7. Failure to properly maintain slopes and fills. $2,500 per day for failure on graded slopes and fills to maintain an angle sufficient to retain vegetative cover or other adequate erosion control measures.
   8. Failure to protect exposed slopes. $2,500 per day for failure, within 15 working days or 30 calendar days of completion of any phase of grading, whichever period is shorter, to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices or structures sufficient to restrain erosion.
   9. Failure to provide adequate cover. $2,500 per day for failure on a tract when more than 1 acre is disturbed, $1,200 dollars per day when 1 acre or less than 1 acre is disturbed, to plant or otherwise provide ground cover sufficient to restrain erosion within 15 working days or 60 calendar days, whichever period is shorter, following completion of construction or development.
   10. Failure to revise plan. $2,500 per day for failure to file an acceptable, revised erosion and sedimentation control plan within the established deadline after being notified of the need to do so.
   11. Failure to correct a violation after notice. $5,000 dollars per day for failure to correct a violation within the time limitations established in a notice of violation.
   12. Failure to obey a stop-work order. $5,000 per day for a violation of a stopwork order.
   13. Any other action or failure to act that constitutes a violation of this Article. $2,500 per day for any other action or failure to act that constitutes a violation of this Article.
   14. Failure to keep dirt and mud off public streets. $1,000 per day for failure to prevent the accumulation of dirt, mud or both on public streets in violation of this Article plus 1 dollar per every 6 linear feet of street if cleaned by the City, its employees or its contractors.
   15. An additional civil penalty of $1,000 per day shall be charged to any person assessed a civil penalty for any violation of this Article within the prior 2 years. No initial civil penalty shall exceed $7,500; this limitation shall be inapplicable to continuous violations.

The City of Raleigh shall incorporate revisions required by the Sedimentation Control Commission within 8 months following receipt of the required revisions. If standards and provisions of this UDO currently meet or exceed the required revisions, the Sedimentation Control Commission must be notified within 90 days of their receipt.