(A) Except as provided in § 151.27(B) of this chapter the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions:
(1) The disapproval or modification of any proposed erosion and sedimentation control plan by the Stormwater Division 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 Board of Adjustment, within 30 days after the date of the appeal or request for a hearing.
(3) The Board of Adjustment will render its final decision on any erosion and sedimentation control plan following completion of the hearings.
(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 4B.0018(d).
(B) In the event that an erosion and sedimentation control plan is disapproved pursuant to § 151.27(I) of this chapter, the Stormwater Division shall notify the applicant in writing, within ten days, as to the specific reasons the plan was disapproved. The applicant may appeal the Department’s disapproval of the plan pursuant to § 151.27(I) directly to the North Carolina Sediment Control Commission.
(Ord. 13-34, passed 11-26-2013; Ord. 23-22, passed 8-29-2023)