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O8 <br /> d . In the event that the Local governing body upholds the <br /> disapproval or modification of a proposed erosion control <br /> plan following the public hearing , the person submitting <br /> the erolsion control plan shalt be entitled to appeal the <br /> local governments action to the North Carolina Sedimenta- <br /> tion Control Commission as provided in Section 113A-51 (c] <br /> of the 'General Stautes and Title 15 NCAC 48 .0018(b) . <br /> NOTE: The aragraph above will be substituted for paragraph <br /> "d" I in the Ordinance . It has been revised to refer <br /> appeOs to the Sedimentation Control Commission instead <br /> of the Department of Natural Resources and Community <br /> Development. <br /> 1 SECTION 21 <br /> Section 21 Inspections and Investigations <br /> b . If, through inspection , it is determined that a person <br /> engaged in Land—disturbing actrivity has failed to comply <br /> with the approved plan , a notice of violation shall be <br /> served upon that person by registered or certified mail, <br /> return receit requested, or other means . The notice shall <br /> set forth the measures necessary to achieve compliance <br /> with the plan, specify a reasonable time period within <br /> which such measures must be completed, and warn that <br /> failurelto correct the violation within the time period <br /> will result in the assessment of a civil penalty or other <br /> enforcement action . If the person engaged in Land <br /> disturbing activity fails to comply within the time <br /> specified, enforcement action shalt be initiated . <br /> NOTE: Section 21b of the Ordinance will be replaced with the <br /> paragraph above. <br /> 1 <br /> SECTION 22 <br /> Section 22 Penalties <br /> a . (1 ) Any 'person who violates any of the provisions of this <br /> ordinance or rules or orders adopted or issued pursuant to <br /> this ordinance, or who initiates or continues a Land— <br /> disturbing activity for which an erosion control plan is <br /> required except in accordance with the terms, conditions, <br /> and provisions of an approved plan , shall be subject to a <br /> civil penalty of not more than $100. No penalty shall be <br /> assessed{ until the person alleged to be in violation has <br /> been notified of the violation by registered or certified <br /> mail, return receipt requested, or other means. The <br /> notice Shall describe the violation with reasonable <br /> particularity, specify a reasonable time period within <br />