NCS000446_NOV Example_20201218

WATER RESOURCES
June 25, 2019
Certified Mail
Return Receipt Requested
Nicholas Campbell
M/I Homes of Raleigh, LLC
1511 Sunday Drive, Suite 100
Raleigh, NC 27607
Re: NOTICE OF VIOLATION AND CORRECTION ORDER
Project Name: Middleton
Job Number: 15-006
Location: Holt Road
Deadline for Compliance: 7 working days from receipt
Dear Mr. Campbell,
This letter is to inform you that you and/or your firms are responsible for violations of the Town of Apex
(Town) Soil Erosion and Sedimentation Control Ordinance. Site inspections of the property located on
Holt Road were performed by Town staff on June 12 and 201, 2019. These inspections were performed
under the authority of the Town Soil Erosion and Sedimentation Control Ordinance, Article X, Section 5-
158.
The following violations were observed:
Failure to maintain permanent and/or temporary measures: During the development of a site, the
person conducting the land -disturbing activity shall install and maintain all temporary and
permanent erosion and sedimentation control measures as required by the approved soil erosion
and sedimentation control plan or any provision of this article, the act, or any order adopted
pursuant to this article or the act. Failure to maintain permanent and/or temporary measures is
subject to a $2,500 per day civil penalty in accordance with Section 5-159 Civil Penalties of the
Town's Soil Erosion and Sedimentation Control Ordinance.
• Failure to follow the soil erosion and sediment control plan: Failure to conduct a land disturbing
activity in accordance with the provisions of an approved erosion and sediment control plan is
subject to a $3,000 per day civil penalty in accordance with Section 5-159 Civil Penalties of the
Town's Soil Erosion and Sedimentation Control Ordinance.
TowN OF'Anx
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

Notice of Violation and Correction Order
6/25/19
Page 2 of 3
• Failure to provide adequate cover: Failure to provide adequate cover within 15 working days or 30
calendar days of competition of any phase of grading, whichever is shorter, to plant or otherwise
provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain
erosion is subject to a $2,500.00 per day civil penalty in accordance with Section 5-159 Civil
Penalties of the Town's Soil Erosion and Sedimentation Control Ordinance.
Failure to prevent off -site sedimentation damage: During the development of a site, the person
conducting the land -disturbing activity shall protect adjacent property, bodies of water, wetlands
and buffers from damage caused by sedimentation. Failure to take all reasonable measures to
protect public property or private property, from damage caused by the failure to retain sediment
on -site is subject to a $5,000.00 per day civil penalty in accordance with Section 5-159 Civil Penalties
of the Town's Soil Erosion and Sedimentation Control Ordinance.
In order to correct these violations, avoid civil penalties and bring the subject site into compliance, the
following actions must be completed prior to the deadline for compliance as stated above:
1. Remove all sediment greater than .25" that has gone outside the limits of disturbance behind lot
25 which extends onto private property and stabilize with pine straw. Coordinate with private
land owner on right of entry if needed to remove impacts.
2. Either install silt fencing behind the curb at lots 29, 30, and 37 or stabilize the inactive bare soil
at these locations that have been exposed for over a month.
3. Install a construction entrance at lot 9
4. Install measures at the end of Kelder Lane to reduce the chance of an impact to the riparian
buffer as current measures are overwhelmed and need maintenance
if you feel that this information concerning you and/or your firm's responsibility of the previously
described violation is incorrect, please notify this office. If we receive no response from you and/or the
violations are not corrected within the stated deadline for compliance the Town will proceed with
continued enforcement action against you and/or your firm. If you feel that you can't complete the
required work prior to the stated deadline for compliance contact me ASAP so that we can discuss an
appropriate time extension.
You may be assessed a civil penalty at the time of the inspection, from the date of the violation (G.S.
113A-54.1 Section 4(a)), or additional penalties may occur if the deadline for compliance date is not met
(section 5-159). These actions may include any combination of all of the following:
1. Star) Work Order: The Water Resources Director may issue a Stop Work Order to any person in
violation of any section of this ordinance as outlined in Section 5-156 (n) of the Town Soil
Erosion and Sedimentation Control Ordinance. Upon this Stop Work Order, the responsible
person will immediately cease all land disturbing activities except those activities which are
specifically directed to site compliance.
2_ Civil Penalty: The maximum civil penalty for a violation, other than a violation of a Stop Work
Order issued under G.S. 113A-65.1, is five thousand dollars ($5000.00); see Section 5-159 (a)(1)
of the Town Soil Erosion and Sedimentation Control Ordinance.
3. Performance Guarantee: The Water Resources Director may use a portion or all of the funds
(cash or letter of credit) that were submitted at the start of construction to bring the project
into compliance with the Town Soil Erosion and Sedimentation Control Ordinance as outlined in
Section 5-162.
TOWN OF APEX
The Peak of Good Living
if lz* PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

Notice of Violation and Correction Order
6/25/19
Page 3 of 3
Criminal Penalty: Any person who knowingly or willfully violates any provision of the Town Soil
Erosion and Sedimentation Control Ordinance, or rule of order adopted or issued pursuant to
this ordinance, or who knowingly or willfully initiates or continues a land disturbing activity for
which an Erosion Control Plan is required except in accordance with the terms and conditions
and provisions of an approved plan, will be guilty of a class two misdemeanor which may include
a fine not to exceed $5,000.00 as provided in G.S. 113A-64.
Injunctive Relief:, Section 5-160. The responsibility for understanding and complying with the
requirements of the Town Soil Erosion and Sedimentation Control Ordinance is your
responsibility. Copies are available through the Public Works Office.
If you proceed to correct the violations described in this notice, you should notify this office as soon as
the repair work is completed so that the site can be inspected for compliance.
Please contact me regarding any questions you have concerning this situation at 919-372-7470.
Regards,
f �
V
James Misciagno, CPESC
Stormwater & Utility Engineering
CC: Michael Deaton, Town of Apex Stormwater & Utility Engineering Manager
Danny Smith, NCDENR, Division of Water Quality (sent via email: [e-mail])
Financial Responsible Party (sent via email: [e-mail])
Towle of APIE;X
The Peak of Good Living
PO Box 25o Apex, NC 275o2 1 [phone] 1 www.apexne.org

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