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Article 9: Enforcement 32 <br />Section 9.9: Stormwater Management <br />(F) The person conducting the land- disturbing activity may appeal the revocation of a Land <br />Disturbing Permit following procedures set out in Section 2-24 2.25 of this Ordinance. <br />9.9.1 Inspections and Investigations <br />(A) Site Inspections <br />(1) Agents, officials, or other qualified persons authorized by the County will <br />periodically inspect on -site BMPs and illegal discharges to ensure: <br />(a) Compliance with the North Carolina Sedimentation Pollution Control Act <br />of 1973 ( "Act" in this Section), this Ordinance, or rules or orders adopted <br />or issued pursuant to this Ordinance; <br />(b) The measures required in the Stormwater Management plan being <br />constructed in accordance with the approved plan. <br />(c) The permanent BMPs are not in need of any maintenance including, but <br />not limited to, the following: <br />(i) Mowing of vegetation, <br />(ii) Vegetation re- establishment, <br />(iii) Tree removal (especially from wet detention ponds), <br />(iv) Stabilization of any eroding areas, and <br />(v) Structural (pipe, riser, dam, etc) repair. <br />(2) Notice of the right to inspect shall be included in the letter of approval of each <br />Stormwater Management Plan. <br />(B) Authority to Enter Property and Conduct Investigations and Inspections <br />(1) No person shall willfully resist, delay, or obstruct an authorized representative, <br />employee, or agent of Orange County, while that person is inspecting or <br />attempting to inspect a required on -site BMP. <br />(2) The Erosion Control Officer shall have the power to conduct such investigations <br />as deemed reasonably necessary to carry out the duties as prescribed in this <br />Ordinance, and for this purpose to enter at reasonable times upon any property, <br />public or private, for the purpose of investigating and inspecting the sites of any <br />required on -site BMP. <br />(3) No person shall refuse entry or access to any authorized representative or agent <br />of the County who requests entry for purposes of inspection, and who presents <br />appropriate credentials, nor shall any person obstruct, hamper or interfere with <br />any such representative while in the process of carrying out their official duties. <br />(C) Notice of Violation <br />(1) If it is determined that a person responsible for construction or maintenance of <br />any permanent on -site BMP, or removal of any Illegal Discharge has failed to <br />comply with the Act, this Ordinance, or rules, or orders adopted or issued <br />pursuant to this Ordinance, a notice of violation shall be served upon that person. <br />(2) The notice may be served by any means authorized under N.C.G.S. 1A -1, rule 4 <br />(3) The notice shall specify a date by which the person must comply with the Act, or <br />this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform <br />the person of the actions that need to be taken to comply with the Act, this <br />Ordinance, or rules or orders adopted pursuant to this Ordinance. <br />(4) No time period for compliance need be given for encroaching on the riparian <br />buffer or for obstructing, hampering or interfering with an authorized <br />representative while in the process of carrying out their official duties. <br />Orange County, North Carolina — Unified Development Ordinance Page 9 -13 <br />