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Article 9: Enforcement 105 <br /> Section 9.8: Soil Erosion and Sedimentation Control <br /> (3) Notice of the stop work order shall be in writing, directed to the person <br /> conducting the land-disturbing activity and shall state the reasons for the <br /> issuance of the order, and the conditions under which work may be resumed. <br /> (4) Notice shall be given by registered or certified mail. In the event service cannot <br /> be accomplished by registered or certified mail, it may be accomplished in any <br /> manner provided in rule 40) of the North Carolina Rules of Civil Procedure. <br /> (G) Inspection & Report Procedure <br /> (1) The landowner, the financially responsible party, or their duly appointed agent <br /> shall perform an inspection of the area covered by the plan after each phase of <br /> the plan has been completed and after establishment of temporary ground cover <br /> in accordance with N.C.G.S. 113A-57(2). <br /> (2) The person who performs the inspection shall maintain and make available a <br /> record of the inspection at the site of the land-disturbing activity. <br /> (3) The record shall set out any significant deviation from the approved erosion and <br /> sedimentation control plan, identify any measures that may be required to correct <br /> the deviation, and document the completion of those measures. <br /> (4) The record shall be maintained until permanent ground cover has been <br /> established as required by the approved erosion and sedimentation control plan. <br /> (5) The inspections required by this subsection shall be in addition to inspections <br /> required by N.C.G.S. 113A-61.1. <br /> 9.8.2 Penalties <br /> (A) Civil Penalties <br /> (1) Assessment of Penalties <br /> (a) Any person who violates any of the soil262erosion and sedimentation <br /> control provisions of this Ordinance or rules or orders adopted or issued <br /> pursuant to these regulations, or who initiates or continues a land- <br /> disturbing activity for which an Erosion erosion and sedimentation <br /> Centre! P-lancontrol plan is required except in accordance with the terms, <br /> conditions, and provisions of an approved plan, shall be subject to a civil <br /> penalty. <br /> (b) The maximum civil penalty for a violation is $5,000 per day. <br /> (c) If, after the allotted time period has expired, the violator has not <br /> completed corrective action, a civil penalty may be assessed from the <br /> date the violation is detected. <br /> (d) No time period for compliance need be given for failure to submit an <br /> Erosion erosion and sedimentation Control-P-lancontrol plan for approval <br /> or for obstructing, hampering, or interfering with an authorized <br /> representative while in the process of carrying out his official duties. <br /> (e) Each day of a continuing violation shall constitute a separate violation. <br /> (2) Demand for Payment of Penalty <br /> (a) The Board of County Commissioners shall notify the person who is <br /> assessed the civil penalty of the amount of the penalty and the reason <br /> for assessing the penalty. <br /> 212 Deleted "soil". <br /> Orange County, North Carolina-Unified Development Ordinance Page 9-10 <br />