F. Approval. The Town shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control. Approval assumes the applicant’s compliance with the federal and state water quality laws, regulations, and rules. The Town shall condition approval of plans upon the applicant’s compliance with federal and state water quality laws, regulations, and rules. G. Disapproval for Content. The Town may disapprove a plan or draft plan based on its content. A disapproval based upon a plan’s content must specifically state in writing the reasons for disapproval. H. Other Disapprovals. The Town shall disapprove an erosion and sedimentation control plan if implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. i. The Town may disapprove an erosion and sedimentation control plan or disapprove a transfer of a plan under this Section upon 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 Commission, the Town or the County pursuant to this Article 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 this Article or a local ordinance adopted pursuant to this Article by the time the payment is due.
3. Has been convicted of a misdemeanor pursuant to North Carolina General Statutes §113A-64(b) or any criminal provision of a local ordinance adopted pursuant to this Article.
4. Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to this Article.
ii. In the event that an erosion and sedimentation control plan or a transfer of a plan is disapproved by the Town pursuant this Section, the Town shall so notify the Director of the Division of Energy, Mineral, and Land Resources within 10 days of the disapproval. The Town shall advise the applicant or the proposed transferee and the Director of Engineering in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of this Section,
Made with FlippingBook interactive PDF creator