20210224 Ver 1_19-Notice of Violation Westpoint_20220328

alaiLusEngineering and
Environmental Services
NOTICE OF VIOL/kTION
August 25, 2021
JOB NUMBER: 6356-06
JOB NAME: Westpoint
DEADLINE FOR COMPLIANCE: September 9, 2021
RETURN RECEIPT REQUESTED
CERTIFIED MAIL # 7005 2570 0001 4782 6251
Point Ridge Place, L.LC
180 Providence Road
Chapel Hill, NC 27514
Dear Sir and Madam:
Please take notice that you are in violation of the Durham City -County Unified
Development Ordinance.
On August 23, 2021, an inspection was performed at the subject site which is located at
5011 N Roxboro St. This inspection was perronmcef under the authority of the Durham
City -County Unified Development Ordinance, Section 15.5.1.
The above -mentioned inspection revealed that a land -disturbing activity comprising
approximately 60,000 square feet is being undertaken at the subject site. This activity is
in violation of the Durham City -County Unified Development Ordinance.
The violations that were disclosed are as follows:
♦ Failure to obtain a land -disturbing permit from this office prior to beginning it land -
disturbing activity on a tract when more than 12,000 square feet is to be disturbed,
Section 3.8.1, 12.10. l (13). A land disturbing permit has been applied for but not
obtained.
♦ Failure to file an acceptable Sedimentation and Erosion Control plan with this office
prior to beginning a land -disturbing activity on a tract when more than 20,000 sq. t.
are to be uncovered, Section 3.8.1(A), 12.10.2(13). This activity was conducted
prior to a plan having been submitted to this office.
A E. Main Street I Fifth Floor; Suite 561, Durham, Forth Carolina 27701
[phone] 1 Fax [phone] dconc.gov
Equal Employment/Affirmative Action Employer

Failure, after completion of any phase of grading, to plant or otherwise provide
exposed slopes, devices, or structures sufficient ground carver to restrain erosion,
Section 12.10.4(B). No ground cover has been provided.
4 Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities, Section 12.10.2(C). No erosion control
measures have been installed.
In order to correct these violations and bring the subject site into compliance, the
following actions must be taken:
Obtain a Land Disturbance Permit from this office. Per Section 15.5.5C of the
Durham City -County Unified Development Ordinance, land disturbing activities
undertaken without a land disturbance permit are subject to a permit fee of
200% of the current applicable fee. In this case, this results in a permit fee of
$1,446.28.
♦ Install erosion control measures and ground stabilization as soon as possible.
Please be advised that merely planting grass seed does not satisfy the requirements of
"vegetative cover" or of"ground cover sufficient to restrain erosion." These requirements
are not satisfied until a stand of vegetation or another suitable ground cover is established
which is in fact sufficient to restrain accelerated or man-made erosion. Until such a
ground carver is established, the requirements of the Unified Development Ordinance will
not be satisfied.
Please take notice that this violation may also result in the following actions:
1. Disapproval of Plan. An erosion control plan may be disapproved upon a finding
that an applicant, or a parent, subsidiary or other affiliate of the applicant is
conducting or has conducted land -disturbing activity without an approved plan,
Section 3.8.7.
2. Civil Penalty. A civil penalty of up to $5,000.00 per day for each day of violation
may be assessed, Section 15.5.7.
3. Criminal Penalty. Any person who knowingly or willfully violates any provision
of this ordinance or any rule, regulation or order duly adopted or issued by the
local government, or who knowingly or willfully initiates or continues a land -
disturbing activity for which an erosion control plan and/or land -disturbing
permit is required, except in accordance with the terms, conditions and
provisions of an approved plan, shall be guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days or by a fine not to exceed five thousand
dollars ($5,000) or by both, in the discretion of the court, Section 15.5.9.
4. Injunctive Relief. Section 15.5.7(B).

The responsibility for understanding and complying with the requirements of the Durham
City -County Unified Development Ordinance rests upon you. Copies are available
through this office.
Please be advised that all current land disturbing activity must cease immediately, except
_%r those measures necessary to bring the disturbed area into compliance, and any new
land disturbing activity associated with the project must not begin until the area
presently disturbed is brought into compliance. When corrective actions are complete,
you should notify this office so that work can be inspected 4f er installation, all erosion
control measures must be maintained in proper working order until the site is completely
stabilized.
THE. SUBJECT SITE WILL NOT BE CONSIDERED IN COMPLIANCE UNTIL
'PHIS OFFICE RAS SO NOTIFIED YOU IN WRITING.
If you feel that our information concerning you and/or your firm's responsibility for the
previously described violations is incorrect, please notify this office immediately so that
we may contact the proper person. Similarly, if you have information regarding the cause
or nature of these violations, which you would like to be considered, please forward it
within 14 days of your receipt of this notice. Please do not hesitate to contact this office
regarding any questions you may have.
- --- Sincerely,. ----
Ryan Eaves, PE, CFM, CPESC
Stormwater and Erosion Control Division Manager
Enclosures:
cc: Jonathan McNeill, CFAk, Erosion Control Supervisor
Landus Robertson, Durham City / County Planning Department,
Landus.Robertspn(cdurhamnc.gov
sFr11
Rev.02/19