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Article 10 Erosion and Sedimentation Control
10-32 Appeals
Wake County Unified Development Code
10-26
(5)
all temporary sediment control devices required by the approved erosion and
sedimentation control plan are removed or are converted to permanent stormwater
devices pursuant to an approved stormwater plan.
(B)
For approved plans involving a proposed public road dedication:
(1)
once a certificate of completion is issued and a petition for North Carolina
Department of Transportation acceptance is submitted to the Wake County
Department of Environmental Services, notification must be mailed to the North
Carolina Division of Highways District 1 Office; and
(2)
the notification must state that the project has been issued a certificate of completion
and must describe the project in detail with publicly dedicated streets described by
name and approximate length.
10-32
Appeals
10-32-1 Local Appeal of Plan Disapproval or Modification
(A) Authority
If any proposed erosion and sedimentation control plan is disapproved or modified by the
County, the person submitting the erosion and sedimentation control plan is entitled to a
public hearing before the Director of Environmental Services.
(B) Filing
The person who submitted the erosion and sedimentation control plan must submit a
written request for a hearing within 15 days after receipt of the written notice of the
disapproval or modification.
(C) Hearing
(1)
A hearing before the Director of Environmental Services must be conducted within
30 days after receipt of the request.
(2)
At least 7 days prior to the hearing, the Director of Environmental Services must
publish a notice of the hearing, at least once, in a newspaper of general circulation in
the County.
(3)
The Director of Environmental Services must render a decision in writing within 7
days of the public hearing.
(D) Notice of Decision
(1)
In the event that the appeal is not granted, the Director of Environmental Services
must notify the Director of the North Carolina Division of Land Resources of the
disapproval within 10 days.
(2)
The Director of Environmental Services must advise the applicant and the Director of
the North Carolina Division of Land Resources in writing as to the specific reasons
that the request was disapproved.