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0OQN61 <br /> g. A copy of the approved Erosion Control Plan and any amendments and <br /> required revisions shall be kept on the job site at all times. <br /> NOTE: Paragraph "g" will be added to Section 18. <br /> SECTION 19 <br /> Section 19 Appeals <br /> a. The disapproval or modification of any proposed erosion control plan by <br /> the Erosion Control Officer shall entitle the person submitting the plan to an <br /> appeal of the decision to the Orange County Planning Director. If the <br /> Planning Director upholds the denial, the person shall be entitled to a public <br /> hearing if such person submits written demand for a hearing within 15 days <br /> after receipt of written notice of disapproval or modification. <br /> NOTE: The underlined portion of paragraph "a" will be added to the <br /> Ordinance. This change is being added to allow a reasonable appeal prior to <br /> holding a public hearing on the denial. <br /> d. In the event that the local governing body upholds the disapproval or <br /> modification of a proposed erosion control plan following the public hearing, <br /> the person submitting the erosion control plan shall be entitled to appeal the <br /> local governments action to the North Carolina Sedimentation Control <br /> Commission as provided in Section 113A-61(c) of the General Statutes and Title <br /> 15 NCAC 4B .0018(b) . <br /> NOTE: The paragraph above will be substituted for paragraph "d" in the <br /> Ordinance. It has been revised to refer appeals to the Sedimentation Control <br /> Commission instead of the Department of Natural Resources and Community <br /> Development. <br /> SECTION 21 <br /> Section 21 Inspections and Investigations <br /> b. If, through inspection, it is determined that a person engaged in land <br /> disturbing activity has failed to comply with the approved plan, a notice of <br /> violation shall be served upon that person by registered or certified mail, <br /> return receipt requested, or other means. The notice shall set forth the <br /> measures necessary to achieve compliance with the plan, specify a reasonable <br /> time period within which such measures must be completed, and warn that <br /> failure to correct the violation within the time period will result in the <br /> assessment of a civil penalty or other enforcement action. If the person <br /> engaged in land disturbing activity fails to comply within the time specified, <br /> enforcement action shall be initiated. <br /> NOTE: Section 21b of the Ordinance will be replaced with the paragraph <br /> above. <br /> SECTION 22 <br /> Section 22 Penalties <br /> a. (1) Any person who violates any of the provisions of this ordinance or <br /> rules or orders adopted or issued pursuant to this ordinance, or who initiates <br /> or continues a land-disturbing activity for which an erosion control plan is <br /> required except in accordance with the terms, conditions, and provisions of an <br /> approved plan, shall be subject to a civil penalty of not more than $100. No <br /> penalty shall be assessed until the person alleged to be in violation has been <br /> notified of the violation by registered or certified mail, return receipt <br /> requested, or other means. The notice shall describe the violation with <br /> reasonable particularity, specify a reasonable time period within which the <br /> violation must be corrected, and warn that failure to correct the violation <br /> within the time period will result in the assessment of a civil penalty or <br /> other enforcement action. Each day of a continuing violation shall constitute <br /> a separate violation under Section 22(a) (1) . <br />