(A) Except as provided in division (B) below the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions:
(1) The disapproval of modification of any proposed erosion control plan by the Town of Beech Mountain shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications.
(2) Hearings held pursuant to this section shall be conducted by the Beech Mountain Board of Adjustment 30 days after the date of the appeal or request for a hearing.
(3) The Beech Mountain Board of Adjustment will render its final decision on any erosion control plan upon which a hearing is requested within 30 days after the public hearing.
(4) If the Board of Adjustment upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the local government's decision to the North Carolina Sedimentation Control Commission as provided in G.S. § 113A-61(c) and Title 15A NCAC 04B .0018(d).
(B) In the event that an erosion control plan is disapproved pursuant to § 154.225(H) of this subchapter, the town shall notify the Director of the Division of Land Resources of such disapproval within ten days. The town shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the town's disapproval of the plan pursuant to section § 154.225(H) of this subchapter directly to the Commission. Said appeal must be in writing and must be received by the Commission within 30 days after receipt of written notice of disapproval.
(1989 Code, Title V, Ch. 51, Art. XVII, § 1716) (Ord. passed 11-14-1995; Ord. 2021-03, passed 6-8-2021)