Sec. 9.4.1. Applicability

  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.