departments & agencies
erosion control
Planning & Development
46 Valley St
Asheville, NC 28801
(828) 250-4830
Soil Erosion and Sedimentation Control enforces the “Sedimentation Pollution Control Act of 1973” in all the municipalities of Buncombe County excluding the City of Asheville and where public monies are involved (Ex. D.O.T., Schools, etc.) enforced by the NC Division of Land Resources.
Preamble: “Permit development with least detrimental effects from pollution by sedimentation.” “ The sedimentation of streams, lakes and other waters of this state constitutes a major pollution problem.” “Control of erosion and sedimentation is vital to the public interest and necessary to public health and welfare…”
Soil Erosion and sedimentation control regulates certain land disturbing activities to control accelerated erosion and sedimentation, In order to prevent the pollution of water and other damage to lakes, water courses and other public and private property by sedimentation.
Requires permits for land disturbing activities of one acre or more and for ¼ acre or more disturbance as described in Chapter 70, Subdivisions, sec.70-68 and Chapter 26 sec. 26-211 of the Erosion Control Ordinance.
Issues the NPDES Stormwater Discharge Permit with the approved Erosion and Sedimentation Control Plan and Permit. Enforced by the NC Division of Water Quality.
The Erosion Control Office permitting is a cost-recovery program through plan review fees and not funded as a direct cost from county-assessed property taxes.
- Adminstrative Processes
- Ordinance
- Development Checklist
- Most Common Reasons for Disaproval of a Plan
- FAQs
- Forms
- Links
- Contact Information
- Hours of Operation
Administrative Processes
Ordinance
Current Ordinance
Current Amendments
Development Checklist
Most Common Reasons for disaproval of a Plan
- Limits of disturbed not clearly delineated or does not include all disturbed areas. (utilities, measures, etc.).
- Failure to address stream, springs, etc.
- Failure to submit COE, DWQ, DWF permits.
- Failure to address COE, DWQ, DWF comments on the plan (recessed culvert per comments, must upsize culvert accordingly).
- Do not show adjoining property owner.
- Slopes too steep.
- Does not address setback to adjoining property.
- Failure to address offsite conditions. (ponds, streams, culverts, etc.)
- Did not complete and sign checklist.
- No calculations and drainage areas not clearly designated.
- No construction details.
- No road profile or typical cross section.
FAQ's
- If I disturb less than required for a permit, do I need to do anything?
- Can I begin land disturbance and stay under threshold for obtaining a permit prior to obtaining a permit?
- What if I begin prior to obtaining a permit?
- Are any other permits required prior to obtaining a land disturbing permit?
- Can I obtain a building permit prior to obtaining a land disturbing permit?
- When does a permit expire?
- When I finish a project, do I need to do anything?
- What constitutes land disturbance?
- Can I cut trees?
- What is a legitimate complant?
- What is not legitimate?
- Does the County have a Stormwater Ordinance?
- When does the state have jurisdiction (NCDENR)?
A. Yes, everyone must control erosion and sedimentation. “Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activities.”
A. No. You must obtain a permit prior to beginning the land disturbing activity.
A.Plan review fees shall be double and additional penalties are possible.
A. Yes. You must obtain a stormwater permit and if work is to be done within a stream, an Army Corp of Engineers Permit is required and work within the D.O.T. requires encroachments and possible permits.
A. No, if a land disturbing permit is required you must obtain it prior to obtaining a building permit. If already obtained, the building permit will be put on hold.
A. If land disturbance does not begin within (6) months of issuance, the permit will expire. If work begins, then 5 years from permit issuance.
A. Yes. Call this office for an inspection. If all is complete, a certificate of compliance will be issued.
A. Any use of, or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
A. Yes. However, if cutting trees is a precursor to land development, a land disturbing permit must be obtained (refer to definition of land disturbance).
A. Current land disturbing activities.
A. Non current land disturbing activities, agriculture and legitimate logging, refer to the Soil Erosion and Sedimentation Control Ordinance, Sec 26-210 and Sec. 26-209.
A. Yes. See website - Stormwater Management
A. When public monies are involved.
Forms
- Application for Farmland Preservation
- Fee Schedule
- Land Disturbing Permit Application
- Checklist and Guidelines for the Preparation of Erosion & Sedimetnation Control Plans
Links
- NC Division of Land Resources
- NC Division of Water Quality
- NC Division of Solid Waste
- NC Air Quality Section
- NC Ground Water Section
- NC Division of Forest Resource
- NC Wildlife Resources Commision
- US Army Corps of Engineers
Contact Info
Contact:
Michael A. Brookshire, CPESC
Erosion Control Officer
michael.brookshire@buncombecounty.orgDoug Sharp
Erosion Control Technician
doug.sharp@buncombecounty.orgShane Briggs
Erosion Control Technician shane.briggs@buncombecounty.orgTodd Moses
Erosion Control Technician todd.moses@buncombecounty.orgDane Pedersen
Erosion Control Technician dane.pedersen@buncombecounty.orgPhone: (828) 250-4848
Fax: (828) 250-6086
Hours of Operation
Monday through Friday
8:00am - 5:00pm