BC 1997 09 15 - Laserfiche WebLink

Home Browse Search

389 do fo go ho procedures described herein) before any land disturbing activities commence. A copy of the approved Plan shall be maintained at the job site by the persons conducting the land disturbing activity. After approving the Plan, if the County staff, either upon review of such Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the County staff may require that a revised Plan be submitted. Pending the preparation and approval of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. A Plan may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or their attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the Plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. Any Plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. l13A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The County staff shall promptly notify the person submitting the Plan that the thirty (30) day time limit for review of the Plan pursuant to Section 17(a) of this Ordinance shall not begin until a complete environmental document is available for review. The Plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation shall be available from the County staff on request. A Plan may be disapproved upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: 1. Is conducting or has conducted land-disturbing activity without an approved Plan, or has received notice of violation of a Plan previously approved by the NCSCC or the County pursuant to the Act and has not complied with the notice within the time specified in the notice. 2. Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due. 3. Has been convicted of a misdemeanor pursuant to G.S. l13A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act or; 4. Has failed to substantially comply with State rules or local ordinances a~d regulations adopted pursuant to the Act. For purposes of this Ordinance, Subsection (g) an applicant's record may be considered for only the two (2) years prior to the application date. Applications for amendment of a Plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County staff, land- disturbing activity shall not proceed except in accordance with the Plan as originally approved. Any person engaged in land-disturbing activity who fails to file a Plan in accordance with this Ordinance, or who conducts a land disturbing activity except in accordance with provisions of an approved Plan shall be deemed in violation of this Ordinance. Section 18 Appeals a. The appeal of an approval, approval with modifications, disapproval of a Plan, issuance of a Notice of Violation, assessment of civil penalty, or other order made by the County staff with regard to this Ordinance shall be governed by the following provisions: 1. The order of approval, disapproval, or modification of any proposed Plan made by the County staff shall entitle the person challenging such decision to a public hearing before the Commission if such person submits written demand for a hearing and completes the