4115-08 Ver 1_Notice of Violation_20081212

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COUNTY OF DURHAM
ENGINEERING DEPARTMENT
NOTICE OF VIOLATION
November 14, 2008
JOB NUMBER: 4115-08
JOB NAME: 400 Stallings Road
DEADLINE FOR COMPLIANCE: December 12, 2008
RETURN RECEIPT REQUESTED
CERTIFIED MAIL # 7002 0860 0008 63019370
Paul A. Beaudoin
5712 Baird Drive
Raleigh, NC 27607
Dear Mr. Beaudoin:
This office has information that you and/or your firm are responsible for violations of the
Durham City-County Unified Development Ordinance.
On October 27, 2008, an inspection was performed at the subject site which is located at
400 Stallings Road. This inspection was performed 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 13,000 square feet is being undertaken at the subject site. This activity is
in violation of the Durham City-County Unified Development Ordinance.
The violation is as follows:
? Failure to install such Sedimentation and Erosion Control devices and practices as are
sufficient to retain the sediment generated by the land-disturbing activity within the
boundaries of the tract during construction upon and development of said tract,
Section 12.10.6.C. Erosion control measures have not been installed.
? Failure to obtain a land-disturbing permit from this office prior to beginning a land-
disturbing activity on a tract when more than 12,000 square feet is to be disturbed,
Section 3.8.1, 12.10.1.B. A permit has not been applied for nor issued for the
subject site.
120 E. Parrish Street, Law Bldg., 1st Floor, Durham, N.C. 27701 [phone] Fax [phone]
Equal Employment/Affirmative Action Employer

In order to correct this violation and bring the subject site into compliance, the following
actions must be taken:
? Immediately install sediment control measures at the site.
? Apply for a land disturbing permit.
? Obtain a land-disturbing permit.
This office is considering enforcement action under the Durham City-County Unified
Development Ordinance. These actions may include any combination or all of the
following:
1. 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.
2. 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 15.5.8.
3. Iniunctive Relief. Section 15.5.9.
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.
If you attempt to correct the violations described in this notice, you should notify this
office so that the work can be inspected.
THE SUBJECT SITE WILL NOT BE CONSIDERED IN COMPLIANCE UNTIL
THIS OFFICE HAS 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, W .
oseph W. Albiston, LESS WI
Erosion Control Technician
Encl: Inspection Report
Fee Schedule
cc: Chris Roberts, P.E., Stormwater & Erosion Control Division Manager
Steve Medlin, Durham City / County Planning Director
NCDENR-DWQ-Water Quality Section-Raleigh Regional Office Supervisor
J WA/ds
SE-11
Rev.02/08
Inspector: JOE ALBISTON
Q?A INSPECTION REPORT
COUNTY OF DURHAM
ENGINEERING DEPARTMENT
STORMWATER AND EROSION CONTROL DIVISION
Job Control Number: 4115-08
Job Name: 400 STALLINGS ROAD
Site Contact:
The following is for your information and action, if required:
Date: 10/27/08
Photographs Taken: RI Yes 0 No
Weather/Soil Conditions COOL/DRY
I ® Site is in compliance with the Durham City/County United Development Control Ordinance.
II. ?d Site is not in compliance with the Durham CitY/County Unified Develo ment Ordinance
P
a. 0 Failure to obtain permit. Sec. 12.10.I.B
1. BE Failure to display permit Sec. 12.10.5.C
b.. n Failure to file erosion control plan. Sec. 3.8. LA
C. Failure to follow erosion control plan. Sec. 12.10.12
d. Failure to flie amended erosion control plan. Sec. 3.8.8
e J Failure to plant or otherwise provide with ground cover, devices, or structures within 21 days.
Sec. 12.10.6C
f Insufficient measures to retain sediment on site. Sec. 12.10.3.B 12.10.4.E
g. Fal Failure to provide reasonable or additional measures Sec. 12.10.3.B 12.10.13
h. ® Failure to provide along the margin of a lake or natural watercourse a buffer zone of sufficient width to
confine visible siltation by natural or artificial means within 25 percent of the buffer zone nearest
the land disturbing activity. Sec. 12.10.6A
i. Failure to maintain on graded slopes and fills an angle which can be retained by vegetative cover or other
adequate erosion control devices or structures. Sec.12.10.6B
k. I Failure to install or maintain sedimentation and erosion control measures as shown on the approved plan.
Sec. 12.10.12
The following measures have not been installed, have been incorrectly installed, or have not been maintained.
Z] 1. Gravel construction entrance(s) S6 4. Silt fence(s)
Fr?a 2. Catch basin inlet protection 5. Diversion ditch(es)/berms
3. Riser basin(s)/gravel filter basin(s 6. Rip rap or velocity dissipator(s).
7. Other FV1 Off-site sedimentation: POTENTIAL FOR SEDIMENT LOSS
III. Comments
THIS SITE HAS AT LEAST 13,000 SQUARE FEET OF DISTURBANCE AND THIS OFFICE HAS NO RECORD
OF A LAND-DISTURBANCE PERMIT APPLICATION. SILT FENCE MUST BE INSTALLED AND A LAND-
DISTURBANCE PERMIT APPLIED FOR.
Should you have any questions regarding this report, or require assistance in resolving this matter, please contact this office.
THE ABOVE MENTIONED DEFICIENCIES MUST BE CORRECTED BY SEE NOV
vi,
SITE CONTACT'S SIGNATURE INSPE TOR'S SIGNATURE
Copy Left on Site Fr_1 or Sent to Financially Responsible Party via Fax ?d Mail g E-mail 0
120 East Parrish Street, Law Building, First Floor, Durham, NC. 27701-[phone]- Fax [phone]
Equal Employment/Affirmative Action Employer
www.co.durham.nc.us/cen
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SE-11C Rev. 08/05

COUNTY OF DURHAM
ENGINEERING DEPARTMENT
STORMWATER AND EROSION CONTROL FEES
Effective July 1, 2007
LAND DISTURBANCE PLAN REVIEW FEES*
Greater than 1 acre $ 75.00 per disturbed acre
*Plan review fees must be paid upon submission of Erosion Control Plan and are non-
refundable. Charge for re-review of the plan will be 50% of the initial submission fee.
LAND DISTURBANCE FEES
12,000 sq. /ft. to 1 acre
1 + acre to 10 acres
Greater than 10 acres
RE-INSPECTION FEES*
Re-inspection Fee = $ 200.00
$ 235.00
$ 490.00 per disturbed acre
$ 735.00 per disturbed acre
2nd Re-inspection Fee = $ 400.00
*Note: A re-inspection fee must be paid prior to the compliance date cited within the Notice-
of-Violation. Failure to pay a re-inspection fee will result in a REVOKED PERMIT.
UNAUTHORIZED LAND DISTURBANCE ACTIVITIES
12,000 sq. /ft. to 1 acre
1+ acre to 10 acres
Greater than 10 acres
EXTENSIONS
(Charge for six month permit extension)
12,000 sq. /ft. to 1 acre
1+ acre to 10 acres
Greater than 10 acres
$ 470.00
$ 980.00 per disturbed acre
$ 1,470.00 per disturbed acre
$ 58.75
$ 122.50 per disturbed acre
$ 183.75 per disturbed acre
STREAM DELINEATION FEES (CAPE FEAR RIVER BASIN)
Base fee
Acreage fee
STORMWATER PLAN REVIEW FEES
21,780 sq./ft. to 1 acre
Greater than 1 acre
STORMWATER PERMIT RENEWAL FEE
21,780 sq. /ft. to 1 acre
Greater than 1 acre
$ 600.00
$ 25.00 per acre
$ 200.00
$ 300.00 per disturbed acre
$100.00
$ 150.00 per disturbed acre
120 E. Parrish Street, Law Bldg., I" Floor, Durham, N.C. 27701 • [phone] • Fax [phone]
Equal Employment/Affirmative Action Employer