Secondary and Cumulative Impacts Master Management Plan - 2014

Article 10 Erosion and Sedimentation Control 10-32 Appeals

(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. 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. Appeals 10-32-1 Local Appeal of Plan Disapproval or Modification (A) Authority

10-32

Wake County Unified Development Code 10-26