§42-268.Inspections and Investigations
Inspection. Agents, officials, or other qualified persons authorized by the Soil Erosion and Sedimentation
Control Administrator will periodically inspect land-disturbing activities to ensure compliance with the
North Carolina Sedimentation Pollution Control Act of 1973, this subpart, or rules or orders adopted or
issued pursuant to this subpart, and to determine whether the measures required in the Erosion and
Sedimentation Control Plan or Permit are effective in controlling erosion and sedimentation resulting from
land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each
Erosion and Sedimentation Control Plan.
Willful Resistance, Delay or Obstruction. No person shall willfully resist, delay, or obstruct an authorized
representative, employee, or agent of the County, while that person is inspecting or attempting to inspect a
land-disturbing activity under this section.
Notice of Violation. If the Soil Erosion and Sedimentation Control Administrator determines that a person
engaged in land-disturbing activity has failed to comply with the North Carolina Sedimentation Pollution
Control Act of 1973, this subpart, or rules, or orders adopted or issued pursuant to this subpart, a notice of
violation shall be served upon that person. The notice may be served by any means authorized under NCGS
1A-1, Rule 4 upon the person conducting the land-disturbing activity and, if different from that party, the
property owner. The notice shall specify a date, by which the person must comply with the North Carolina
Sedimentation Pollution Control Act of 1973, or this subpart, or rules, or orders adopted pursuant to this
subpart, and inform the person of the actions that need to be taken to comply with the North Carolina
Sedimentation Pollution Control Act of 1973, this subpart, or rules or orders adopted pursuant to this
subpart. Any person who fails to comply within the time specified is subject to additional civil and criminal
Revocation of Permits. The notice shall set forth the actions necessary to achieve compliance with the plan
or this section, specify a reasonable time period within which such measures must be completed, and warn
that failure to correct the violation within the time period will result in one or more of the following:
Revocation of the land-disturbing permit, all building permits, and any other permits issued by the
The issuance of a stop work order;
The assessment of civil penalties; or
Other enforcement action.
If work has not begun within six (6) months following the issuance date, the land-disturbing permit shall be
deemed expired. Renewal of the land-disturbing permit will require submittal of a new application and
associated plan review fees. No grading work is to be performed until the new permit is issued.
Investigation. The Soil Erosion and Sedimentation Control Administrator shall have the power to conduct
such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this subpart,
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.
Statements and Reports. The Soil Erosion and Sedimentation Control Administrator shall also have the
power to require written statements, or filing of reports under oath, with respect to pertinent questions
relating to land-disturbing activity.