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, the applicant may appeal the Town’ s disapproval of the plan directly to the Commission. For purposes of this Section, an applicant's record or the proposed transferee's record may be considered for only the two (2) years prior to the application date. I. The Town may transfer an erosion and sedimentation control plan approved pursuant to this Section without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. The Town may transfer a plan if all the following conditions are met:
i. The successor-owner of the property submits to the Town a written request for the transfer of the plan and an authorized statement of financial responsibility and documentation of property ownership.
ii. The Town finds all of the following:
Made with FlippingBook interactive PDF creator