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A. Except as provided in paragraph B. of this subsection, the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions:

1. The disapproval or modification of any proposed erosion control plan or the refusal to issue a land-disturbing permit by the Sedimentation and Erosion Control Officer or designee shall entitle the person submitting the plan, or applying for the permit, to a hearing if such person submits written demand to the Clerk to the Board of Commissioners for a hearing within 15 days after receipt of written notice of disapproval or modifications. The written demand must specify, with particularity, the factual and/or legal basis for the appeal. No grounds, other than those so specified, may be argued;

2. Hearings held pursuant to this section shall be conducted by the Board of Commissioners within 15 days after the date of the appeal or request for a hearing, or at the next regularly scheduled meeting, whichever is later; and

3. If the Board of Commissioners upholds the disapproval or modification of a proposed erosion control plan or refusal to issue a permit following the public hearing, the person submitting the plan or permit application shall then be entitled to appeal the Board of Commissioners’ decision to the State Sedimentation Control Commission as provided in NCGS § 113A-61(c) and Title 15 NCAC 4B.0018(d).

B. Appeals

In the event that an erosion control plan is disapproved pursuant to paragraph 3.8.7, Disapproval of Plan, the County Sedimentation and Erosion Control Office shall notify the Director of the Division of Energy, Mineral, and Land Resources (within the North Carolina Department of Environmental Quality [DEQ]) of such disapproval within ten days. The Office shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the Office’s disapproval of the plan pursuant to paragraph 3.8.7, Disapproval of Plan, directly to the State Sedimentation Control Commission.