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39 <br /> (B) Until such time as said amendment is approved by the Erosion Control Officer, the lap- <br /> Land-Disturbing Activities shall not proceed except in accordance with <br /> the Frei^p Erosion and Sedimentation Control PlanCeotml Plan as originally approved. <br /> (C) The provisions of subsection 2.19.7 (B)and (C) of this Ordinance65 shall also apply to <br /> amended Fr^gi^nErosion and Sedimentation Control Plans. <br /> 2.19.11 Consideration of Applicant's Past Performance <br /> (A) The Erosion Control Officer may disapprove an Fmsinn Erosion and Sedimentation <br /> Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other <br /> affiliate of the applicant: <br /> (1) Is conducting or has conducted Land-Disturbing Activity <br /> without an approved Fr^� Q600Ai^n Erosion and Sedimentation Control Plancoptml <br /> P4ap, or has received notice of violation of an Gr^c�Q9iQAi^n Erosion and Sedimentation <br /> Control Plan previously approved by the North Carolina Sedimentation Control <br /> Commission or a local government pursuant to the North Carolina Sedimentation <br /> Pollution Control Act of 1973 and has not complied with the notice within the time <br /> specified in the notice; <br /> (2) Has failed to pay a civil penalty assessed pursuant to the North Carolina <br /> Sedimentation Pollution Control Act of 1973 or a local ordinance adopted <br /> pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by <br /> the time the payment is due; <br /> (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any <br /> criminal provision of a local ordinance adopted pursuant to the North Carolina <br /> Sedimentation Pollution Control Act of 1973; or <br /> (4) Has failed to substantially comply with State rules or local ordinances and <br /> regulations adopted pursuant to the North Carolina Sedimentation Pollution <br /> Control Act of 1973. <br /> (B) For purposes of this subsection (2.19.11) an applicant's record may be considered for <br /> only the two years prior to the application date. <br /> (C) The Erosion Control Officer shall notify the applicant and the State's Director of the <br /> Division of Energy, Mineral, and Land Resources66 of a disapproval <br /> issued under the provisions of this subsection within 10 days. The notification shall be in <br /> writing and shall include the specific reasons the Frsi^n Erosion and Sedimentation <br /> Control PlanCeptrel Rlaa was disapproved. <br /> 2.19.12 Erosion and Sedimentation Control Plan Available 4aUOnG7 Site <br /> A copy of the approved Frei^^ Erosion and Sedimentation Control PlanCePtel Rlaa and any <br /> amendments and required revisions shall be kept on the job site and prominently displayed until <br /> all construction is complete, all temporary measures have been removed, all permanent <br /> sedimentation and erosion control measures are installed, and the site has been stabilized.68 at <br /> all <br /> 2.19.13 Notice of Activity Initiation <br /> No Pperson may initiate a Land-Disturbing Activity before notifying the <br /> Erosion Control Officer of the date that Land-Disturbing Activity will begin. <br /> 66 Reference to "this Ordinance". <br /> 66 Appropriate Division name. <br /> 61 Text correction—replaced"of" with "on". <br /> 68 Added languageso as to complywith the state's current E&SC Model Ordinance. <br /> Orange County, North Carolina— Unified Development Ordinance Page 2-67 <br />