§ 113A-61.1. Inspection of land-disturbing activity; notice of violation. - North Carolina Statutes

§ 113A‑61.1.  Inspection of land‑disturbingactivity; notice of violation.

(a)        The Commission, a local government that administers anerosion and sedimentation control program approved under G.S. 113A‑60, orother approving authority shall provide for inspection of land‑disturbingactivities to ensure compliance with this Article and to determine whether themeasures required in an erosion and sedimentation control plan are effective incontrolling erosion and sedimentation resulting from the land‑disturbingactivity. Notice of this right of inspection shall be included in thecertificate of approval of each erosion and sedimentation control plan.

(b)        No person shall willfully resist, delay, or obstruct anauthorized representative of the Commission, an authorized representative of alocal government, or an employee or an agent of the Department while therepresentative, employee, or agent is inspecting or attempting to inspect aland‑disturbing activity under this section.

(c)        If the Secretary, a local government that administers anerosion and sedimentation control program approved under G.S. 113A‑60, orother approving authority determines that the person engaged in the land‑disturbingactivity has failed to comply with this Article, the Secretary, local government,or other approving authority shall immediately serve a notice of violation uponthat person. The notice may be served by any means authorized under G.S. 1A‑1,Rule 4. A notice of violation shall specify a date by which the person mustcomply with this Article and inform the person of the actions that need to betaken to comply with this Article. Any person who fails to comply within thetime specified is subject to additional civil and criminal penalties for acontinuing violation as provided in G.S. 113A‑64. (1989, c. 676, s. 5; 1993 (Reg. Sess., 1994), c. 776, s. 10; 1999‑379,s. 6; 2002‑165, s. 2.10.)