HomeMy WebLinkAbout4055-09 Ver 1_Notice of Violation_20081106COUNTY OF DURHAM
ENGINEERING DEPARTMENT
NOTICE OF VIOLATION
November 6, 2008
JOB NUMBER: 4055-09
JOB NAME: Pleasant Grove Business Park
DEADLINE FOR COMPLIANCE: November 12, 2008
RETURN RECEIPT REQUESTED
CERTIFIED MAIL # 7002 0860 0008 63013545
Steve Berman, Member
Pleasant Grove Development Partners, LLC
5901-B Peachtree Dunwoody Road, Suite 375
Atlanta, GA 30328
Dear Mr. Berman:
This office has information that you and/or your firm are responsible for violations of the
Durham City-County Unified Development Ordinance.
On November 4, 2008, an inspection was performed at the subject site which is located at
3837 Airport 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 53,500 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 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 issued for the subject site.
In order to correct this violation and bring the subject site into compliance, the following
actions must be taken:
120 E. Parrish Street, Law Bldg., 1st Floor, Durham, N.C. 27701 (919) 560-0735 Fax (919) 560-0740
Equal Employment/Affirmative Action Employer
? Obtain a land-disturbing permit.. A double land-disturbance permit fee is required
($1,205.40).
? A tree protection certification form must be filled out and a Durham County
Engineering sediment and erosion control staff must conduct a tree fence
inspection.
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. Injunctive 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, V)
W ? &0vr ?_
oseph W. Albiston, CESSWI
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
Jonathan A. Allen, P.E., Consultant, - Arcadis G & M of NC, Inc.
Kenneth J. Uva, Vice President, - C. T. Corporation System
JWA/ds
SE-11
Rev.02/08
Inspector: JOE ALBISTON
INSPECTION REPORT
° COUNTY OF DURHAM
ENGINEERING DEPARTMENT
STORMWATER AND EROSION CONTROL DIVISION
Job Control Number: 4055 - 09
Job Name: PLEASANT GROVE BUSINESS PA
Site Contact:
The following is for your information and action, if required:
Date: 11/4/08
Photographs Taken: iii Yes W No
Weather/Soil Conditions RAIN / WET
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 Development Ordinance.
a. W Failure to obtain permit. Sec. 12.10.1.E
1. Failure to display permit Sec. 12.10.5.C
b.. Failure to file erosion control plan. Sec. 3.8. ].A
c. Failure to follow erosion control plan. Sec. 12.10.12
d. Failure to file amended erosion control plan. Sec. 3.8.8
Failure to plant or otherwise provide with ground cover, devices, or structures within 21 days.
e J
Sec. 12.10.6.C
f. Insufficient measures to retain sediment on site. Sec. 12.10.3.B 12.10.4.E
g. Failure to provide reasonable or additional measures Sec.12.10.3.B 12.10.13
It. 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. 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.
Fr? 1. Gravel construction entrance(s) Ral 4. Silt fence(s)
Fip? 2. Catch basin inlet protection 0 5. Diversion ditch(es)/berms
3. Riser basin(s)/gravel filter basin(s E 6. Rip rap or velocity dissipator(s).
0 7. Other Off-site sedimentation:
III. Comments
THE SITE MUST OBTAIN A LAND DISTURBING PERMIT AND PAY A DOUBLE FEE OF $1,205.40. A TREE
PROTECTION FENCE CERTICICATION FORM MUST BE FILLED OUT AND DURHAM COUNTY
ENGINEERING SEDIMENT AND EROSION CONTROIL STAFF CONDUCT A TREE FENCE INSPECTION.
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
SITE CONTACT'S SIGNATURE WP CTOR'S SIGNATURE
Copy Left on Site Foil or Sent to Financially Responsible Party via Fax Se Mail W E-mail
120 East Parrish Street, Law Building, First Floor, Durham, NC. 27701-(919) 560-0735- Fax (919)560-0740
Equal Employment/Affirmative Action Employer
www.co.durham.ne.us/ceng
SE-11C Rev. 08/05
o4?'M co?`1aCOUNTY 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
$ 235.00
$ 490.00 per disturbed acre
$ 735.00 per disturbed acre
RE-INSPECTION FEES*
Re-inspection Fee = $ 200.00 2"d 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 • (919) 560-0735 • Fax (919) 560-0740
Equal Employment/Affirmative Action Employer
COUNTY OF DURHAM
ENGINEERING DEPARTMENT
NOTICE OF VIOLATION
November 6, 2008
JOB NUMBER: 4055-09
JOB NAME: Pleasant Grove Business Park
DEADLINE FOR COMPLIANCE: November 12, 2008
RETURN RECEIPT REQUESTED
CERTIFIED MAIL # 7005 2570 0001 4782 5797
Brian Granath, Member
Pleasant Grove Development Partners, LLC
5901-B Peachtree Dunwoody Road, Suite 375
Atlanta, GA 30328
Dear Mr. Granath:
This office has information that you and/or your firm are responsible for violations of the
Durham City-County Unified Development Ordinance.
On November 4, 2008, an inspection was performed at the subject site which is located at
3837 Airport 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 53,500 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 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, 12.10.1.13. A permit has not been issued for the subject site.
In order to correct this violation and bring the subject site into compliance, the following
actions must be taken:
120 E. Parrish Street, Law Bldg., 1st Floor, Durham, N.C. 27701 (919) 560-0735 Fax (919) 560-0740
Equal Employment/Affirmative Action Employer
? Obtain a land-disturbing permit.. A double land-disturbance permit fee is required
($1,205.40).
? A tree protection certification form must be filled out and a Durham County
Engineering sediment and erosion control staff must conduct a tree fence
inspection.
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, CESSWI
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
Jonathan A. Allen, P.E., Consultant, - Arcadis G & M of NC, Inc.
Kenneth J. Uva, Vice President, - C. T. Corporation System
JWA/ds
5E-11
Rev.02/08
Inspector: JOE ALBISTON
INSPECTION REPORT
091, COUNTY OF DURHAM
ENGINEERING DEPARTMENT
STORMWATER AND EROSION CONTROL DIVISION
Job Control Number: 4055 - 09 Date: 11/4/08
Job Name: PLEASANT GROVE BUSINESS PA Photographs Taken: Yes RJ No
Site Contact: Weather/Soil Conditions RAIN / WET
The following is for your information and action, if required:
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 Development Ordinance
k
a. Failure to obtain permit. Sec. 12.10.1.B
1. Failure to display permit Sec. 12.10.5.C
b.. 0 Failure to file erosion control plan. Sec. 3.8. LA
C. Ej Failure to follow erosion control plan. Sec. 12.10.12
d. Failure to file 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. 12.10.6.C
f 0 Insufficient measures to retain sediment on site. Sec. 12.10.33 12.10.4.E
g. 0 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.12.10.6.B
k. 0 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.
F 1. Gravel construction entrance(s) El 4. Silt fence(s)
2. Catch basin inlet protection 5. Diversion ditch(es)/berms
3. Riser basin(s)/gravel filter basin(s 0 6. Rip rap or velocity dissipator(s).
0 7. Other [] Off-site sedimentation:
III. Comments
fHE SITE MUST OBTAIN A LAND DISTURBING PERMIT AND PAY A DOUBLE FEE OF $1,205.40. A TREE
PROTECTION FENCE CERTICICATION FORM MUST BE FILLED OUT AND DURHAM COUNTY
ENGINEERING SEDIMENT AND EROSION CONTROIL STAFF CONDUCT A TREE FENCE INSPECTION.
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
7j
L-A
SITE CONTACT'S SIGNATURE INSP CTOR'S SIGNATURE
Copy Left on Site 7 or Sent to Financially Responsible Party via Fax? Mail E-mail E
120 East Parrish Street, Law Building, First Floor, Durham, NC. 27701-(919) 560-0735- Fax (919)560-0740
Equal Employment/Affirmative Action Employer
www.co.durham.nc.us/ceng
SE-11C Rev. 08105
S=NG
i
.0 If lfII
?h•.....N?•ry•
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
$ 235.00
$ 490.00 per disturbed acre
$ 735.00 per disturbed acre
RE-INSPECTION FEES*
Re-inspection Fee = $ 200.00 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 $ 470.00
1+ acre to 10 acres $ 980.00 per disturbed acre
Greater than 10 acres $ 1,470.00 per disturbed acre
EXTENSIONS
(Charge for six month permit extension)
12,000 sq. /ft. to 1 acre $ 58.75
1+ acre to 10 acres $ 122.50 per disturbed acre
Greater than 10 acres $ 183.75 per disturbed acre
STREAM DELINEATION FEES (CAPE FEA R RIVER BASIN)
Base fee $ 600.00
Acreage fee $ 25.00 per acre
STORMWATER PLAN REVIEW FEES
21,780 sq./ft. to 1 acre $ 200.00
Greater than 1 acre $ 300.00 per disturbed acre
STORMWATER PERMIT RENEWAL FEE
21,780 sq. /ft. to 1 acre $ 100.00
Greater than 1 acre $ 150.00 per disturbed acre
120 E. Parrish Street, Law Bldg., I" Floor, Durham, N.C. 27701 . (919) 560-0735 • Fax (919) 560-0740
Equal Employment/Affirmative Action Employer