42-267. Inspections and Investigations

  1. Inspection. Agents, officials, or other qualified persons authorized by the Henderson County Soil Erosion and Sedimentation Control Administrator will periodically inspect land-disturbing activities to ensure compliance with the Act, this subpart, or rules or orders adopted or issued pursuant to this subpart, 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.
  2. 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.
  3. Notice of Violation. If the Henderson County Soil Erosion and Sedimentation Control Administrator determines that a Person engaged in land-disturbing activity has failed to comply with the Act, 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 Act, 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 Act, 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 penalties for a continuing violation as provided in NCGS §113A-64 and this subpart. If the Person engaged in the land-disturbing activity has not received a previous notice of violation under this section, the (city)(town)(county) shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program on behalf of the Approving Authority, referral to a cooperative extension program, or by the provision of written materials such as Department guidance documents. The notice of violation may be served in the manner prescribed for service of process by G.S. 1A-1, Rule 4, and shall include information on how to obtain assistance in developing corrective measures. 
  4. Investigation. The Henderson County 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 who presents appropriate credentials for this purpose to enter at reasonable times any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activity.
  5. Statements and Reports. The Henderson County 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.