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(A) The town shall disapprove an erosion and sedimentation control plan if implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. The town may disapprove an erosion and sedimentation control plan or disapprove a transfer of a plan under § 156.030 upon finding than an applicant or a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting or has conducted land-disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or the town pursuant to this subchapter and has not complied with the notice within the time specified in the notice.
(2) Has failed to pay a civil penalty assessed pursuant to this subchapter or a local chapter adopted pursuant to this subchapter by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. § 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to this subchapter.
(4) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to this subchapter.
(B) In the event that an erosion and sedimentation control plan or a transfer of a plan is disapproved by the town pursuant to § 156.029, the local government shall so notify the Director of the Division of Energy, Mineral, and Land Resources within ten days of the disapproval. The town shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of § 156.030(A), the applicant may appeal the local government's disapproval of the plan directly to the Commission.
(C) For purposes of this section, an applicant's record or the proposed transferee's record may be considered for only the two years prior to the application date.
(Ord. 2020-09-07, passed 9-21-20)