15.5.1 Inspections and Investigations

Agents, officials, or other qualified persons authorized by the Sedimentation and Erosion Control Officer or designee will periodically inspect land-disturbing activities to ensure compliance with the North Carolina Sedimentation Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it, Sec. 3.8, Sedimentation and Erosion Control, Sec. 12.10, Sedimentation and Erosion Control, rules or orders adopted or issued pursuant to those sections or the Act, or an approved sedimentation and erosion control plan, and to determine whether the measures required in the plan 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 plan.

No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Durham County, while that person is inspecting or attempting to inspect a land-disturbing activity under this section.

If it is determined that a person engaged in land-disturbing activity has failed to comply with the Act, this section, Sec. 3.8, Sedimentation and Erosion Control, Sec. 12.10, Sedimentation and Erosion Control, rules or orders adopted or issued pursuant to those sections or the Act, or an approved sedimentation and erosion control plan, 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. The notice shall inform the person of the actions that need to be taken to comply and specify a date by which the person must comply with the Act, this section, Sec. 3.8, Sedimentation and Erosion Control, Sec. 12.10, Sedimentation and Erosion Control, rules or orders adopted pursuant to those sections or the Act, or an approved sedimentation and erosion control plan and inform the person of the actions that need to be taken to comply. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated. If the person engaged in the land-disturbing activity has not received a previous notice of violation as specified in this section, the Erosion Control Officer or designee shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program or cooperative extension program, or by the provision of written documents such as Department of Environmental Quality or County Sedimentation and Erosion Control Office documents. The notice of violation may be served in the manner prescribed for service of process by NCGS § 1A-1, Rule 4, and shall include information on how to obtain assistance in developing corrective measures.

The County may issue a stop work order for the site on which the violation has occurred.

1. Upon issuance of such an order and the posting of the same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this article.

2. Notice of the stop work order may be served by any means authorized under NCGS § 1A-1, Rule 4.

The Sedimentation and Erosion Control Officer or designee shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this paragraph, 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.

The Sedimentation and Erosion Control Officer or designee 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.