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Article 10 Erosion and Sedimentation Control
10-41 Notice of Violation
Wake County Unified Development Code
10-27
(E) Subsequent Appeals
If the Director of Environmental Services does not grant the appeal, the person submitting
the erosion and sedimentation control plan has 15 days following the denial to appeal the
County’s decision to the North Carolina
Sedimentation Control Commission as provided in
G.S. 113A-61(c) and 15A NCAC 4B .0118(d).
10-32-2 Direct Appeal to State Agency
If any proposed erosion and sedimentation control plan is disapproved, the applicant may appeal the
Director of Environmental Service’
s decision directly to the North Carolina Sedimentation Control
Commission.
Sections 10-33 through 10-39 reserved for future use.
Part 4
Enforcement and Penalties
10-40
Violations
Unless lawfully exempted, the following actions constitute a violation of this article and will be deemed
in violation of this article and subject to the enforcement and penalty provisions of this article and Article
20 of the UDO:
10-40-1
to engage in land-disturbing activity without filing an erosion and sedimentation control
plan in accordance with the regulations of this article;
10-40-2
to conduct a land-disturbing activity except in accordance with provisions of an approved
plan;
10-40-3
to fail to protect against off-site sedimentation damage when conducting any land-
disturbing activity;
10-40-4
to leave dirt, mud or other material on any travel way in a manner that is determined to be a
hazard to public safety or deemed detrimental to the waters of the State;
10-40-5
to violate or continue to violate any other provisions of this article, the North Carolina
Sedimentation Pollution Control Act, or rules or orders adopted pursuant to this article.
10-41
Notice of Violation
10-41-1
If the Director of Environmental Services determines that a person conducting a land-
disturbing activity has violated this article, a notice of violation shall be served upon that
person. The notice may be served by any means authorized under GS 1A-1, Rule 4. The
notice must:
(A)
specify a date by which the person must come into compliance with the applicable
standards; and
(B)
inform the person of the actions that need to be taken to be brought into compliance.
10-41-2
Any person who fails to comply within the time specified is subject to additional civil and
criminal penalties for a continuing violation as provided in G.S. 113A-64 and this
ordinance.