3.8.7 Disapproval of Plan
A. An erosion control plan may be disapproved upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant:
1. Is conducting or has conducted land-disturbing activity without an approved plan;
2. Has received notice of violation of a plan previously approved by the North Carolina Sedimentation Control Commission or a local government pursuant to the North Carolina Sedimentation Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it (the Act) or local ordinance adopted pursuant to the Act, and has not or had not complied with the notice within the time specified in the notice;
3. Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due; or
4. Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act.
B. For purposes of this subsection, an applicant’s record may be considered for only the two years prior to the application date.
C. Any person engaged in land-disturbing activity who fails to file a plan in accordance with this Article, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan, shall be deemed in violation of this Article.