Secondary and Cumulative Impacts Master Management Plan - 2014

Article 10 Erosion and Sedimentation Control 10-41 Notice of Violation

(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.

Wake County Unified Development Code 10-27