§ 58-60. Inspections and investigations.

(a)

The erosion control specialist will periodically inspect land disturbing activities to ensure compliance with the Act, this article, or rules or orders adopted or issued pursuant to this article, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from land disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each plan. The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with section 58-48(3). The person who performs the inspection shall maintain and make available a record of the deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan.

(b)

No person shall willfully resist, delay, or obstruct the erosion control specialist, while inspecting or attempting to inspect a land disturbing activity under this section.

(c)

If it is determined that a person engaged in the land disturbing activity has failed to comply with the Act, this article, or rules, or orders adopted or issued pursuant to this article, or has failed to comply with an approved plan, a notice of violation shall be served upon that person. The notice shall be served by registered or certified mail or by any means authorized under G.S. 1A-1, Rule 4. The notice of violation shall specify a date by which, or a cure period within which, the person must comply with this article, and inform the person of the actions that need to be taken to comply with this article. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures shall be completed, and warn that failure to correct the violation within the time period stated is subject to a civil penalty and other enforcement actions. However, no time period for compliance need be given for failure to submit a plan for approval, for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties, or for the penalty that may be assessed pursuant to this article for the day the violation is assessed by the erosion control specialist. Any person who fails to comply within the time specified in the notice is subject to additional civil and criminal penalties for a continuing violation as provided in this article. If the person engaged in the land disturbing activity has not received a previous notice of violation under this section, the erosion control specialist shall deliver the notice of violation in person and shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program in the department, referral to a cooperative extension program, or by the provision of written materials such as department guidance documents. If the erosion control specialist is unable to deliver the notice of violation in person within 15 days following discovery of the violation, the notice of violation may be served in the manner prescribed for service of process by G.S. 1A-1, Rule 4, and shall include information on how to obtain assistance in developing corrective measures.

(d)

The erosion control specialist shall have the power to conduct such investigation as may be reasonably deemed necessary to carry out duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land disturbing activity. No person shall refuse entry or access to the erosion control specialist who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out their official duties as provided in this article.

(e)

The erosion control specialist shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land disturbing activity.

(f)

On any tract on which five or more acres are disturbed, the person conducting land disturbing activity will be responsible for self-inspection of erosion and sedimentation control facilities at least once every seven days or within 24 hours of a storm event of greater than one-half inch of rain per 24-hour period.

(Code 2015, § 159.18; Ord. No. 2016017 , 10-25-2016)