The appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions:
(a) The disapproval or modification of any proposed plan by the County 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.
(b) A hearing held pursuant to this section shall be conducted by the Johnston County Director of Utilities within 30 days after receipt of the request.
(c) At least seven days prior to the hearing, the Director of Utilities must publish a notice of hearing, at least once, in a newspaper of general circulation in the County.
(d) The Director of Utilities must render a decision in writing within seven days after the hearing.
(1) In the event that the appeal is not granted, the Director of Utilities must notify the director of the North Carolina Division of Energy, Mineral, and Land Resources of the disapproval within ten days.
(2) The Director of Utilities must advise the applicant and the director of the North Carolina Division of Energy, Mineral, and Land Resources in writing as to the specific reasons the request was disapproved.
(e) If the Director of Utilities does not grant the appeal, the person submitting the erosion and sedimentation control plan has 15 days following the denial to appeal the County's decision to the North Carolina Sedimentation Control Commission as provided in G.S. 113A-61(c) and 15A NCAC 4B .0118(d).
(f) If any proposed erosion and sedimentation control plan is disapproved, the applicant may appeal County's decision directly to the North Carolina Sedimentation Control Commission.
(Ord. of 6-3-2013)