NCC190795_Wake Co Notice of Violation_20211203

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WAKEWake County Sediment and Erosion Control Section, Water Quality Division
COUNTY 336 Fayetteville Street - PO Box 550 - Raleigh, NC 27602
O AROI i"" Phone: [phone]; Fax: [phone]
October 15, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
FIRST CLASS MAIL
Sanchez Brothers Masonry and Concrete LLC
142 E. Vance St.
Zebulon, NC 27597
Attn: Adan Sanchez
Re: Notice of Violation and Civil Penalty Assessment
Project Name and Land Disturbance Permit # or Property Address/PIN: Sanchez Brothers
Masonry and Concrete Plant / PIN 2705237402, SEC-016453-2019
Dear Mr. Sanchez:
On 10/13/21, a duly authorized representative of the Water Quality Division of the
Wake County Department of Environmental Services inspected the subject project/property
and determined that there are violations of the Wake County Unified Development Ordinance
(UDO) Article 10 and the Sedimentation Pollution Control Act of 1973, N.C. General Statute
113A-50 et seq. See the attached report.
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The following actions are violations of Article 10 of the Wake County Unified Development
Ordinance (UDO) and subject to the related enforcement and penalty provisions:
1. Failure to follow approved plan:
• 10-40-2 to conduct a land -disturbing activity except in accordance with provisions of
an approved plan.
Findings: Construction debris, fill and grading activity has migrated outside the
permitted area.

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2. Failure to protect against off -site sedimentation:
• 10-40-3 to fail to protect against off -site sedimentation damage when conducting
any land -disturbing activity.
• 10-40-4 to leave dirt, mud or other material on any travel way in a manner that is
determined to be a hazard to public safety or deemed detrimental to the waters of
the State.
Findings: Construction debris, fill and grading activity have occurred off site. Sediment
loss to wetland was observed.
3. Failure to maintain erosion control measures:
• 10-23-1 During the development of a site, the person conducting the land -disturbing
activity must install, routinely inspect and maintain in good working order all
temporary and permanent erosion and sedimentation control measures as required
by the approved plan or any provision of this article, the North Carolina
Sedimentation Pollution Control Act, or any order adopted pursuant to the erosion
and sedimentation control regulations of this article or the North Carolina
Sedimentation Pollution Control Act.
• 10-23-2 After site development, the property owner or person in possession or
control of the land must install and/or maintain all necessary permanent erosion and
sediment control measures, except those measures installed within a road or street
right-of-way or easement accepted for maintenance by a governmental agency.
• 10-23-3 Whenever the County determines that significant erosion and
sedimentation is occurring as a result of land -disturbing activity, despite application
and maintenance of protective practices, the person conducting the land -disturbing
activity will be required to and shall take additional protective action.
• 10-23-4 All streets, sidewalks, greenways or other travel ways must be kept free
from mud, dirt, dust or other material that may create a hazard to public safety or
cause the travel way to be unreasonably muddy, as determined by the County.
Findings: Construction debris, fill and grading activity has migrated off site; no erosion
control measures in place to prevent sediment loss to wetlands.
3. Failure to provide adequate ground cover:
• 10-20-5(B)(5) All uncovered areas that result from land disturbing activities, and are
subject to continued and accelerated erosion, and are causing the movement of
sediment offsite from the tract, must be provided with a ground cover or other
protective measures, structures or devices sufficient to restrain accelerated erosion
and control off -site sedimentation.
• NCG01 NPDES Stormwater Discharge Permit for Construction Activities

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Findings: Ground cover was not provided on fill materials as per the approved plan.
Civil Penaltv Assessment
Due to the nature and severity of the violation(s), there is a one-time, first day civil penalty
assessed in the amount of $5,000.00. This total is based on the criteria listed under 10-42-2
Civil Penalty Assessment Factors in the UDO. Failure to bring the project into compliance within
the time specified is subject to additional civil and criminal penalties for continuing a violation
under the UDC) Article 10-41-2. Please be advised that any further land -disturbance or
construction activity should not take place until you are compliant with these Articles.
READ CAREFULLY:
To bring the protect back into compliance, the following must be accomplished within
timeframe specified below:
Corrective Actions
Deadline
1. Install silt fence to protect stormwater device
October 22, 2021
2. Cease all offsite dumping of construction materials.
October 15, 2021
3. Hand remove off site sediment from wetland as much as
October 18, 2021
possible in affected areas without doing further damage.
The offsite sediment to wetland shall be self -reported to
NCDEQ-Division of Water Resources and the Division of
Energy Mineral and Land Resources at [phone].
4. Submit a revised erosion control plan to Wake County and
November 1, 2021
Zebulon for removal of fill and mitigation of the offsite
property to pre -fill elevations and vegetation
5. Stabilize and landscape permitted site in accordance with
November 29, 2021
approved plan.
6. Obtain industrial stormwater permit from NC DEQ
December 15, 2021
To comply with the Civil Penalty requirements, you must do one of the following:
1) Pay the civil penalty assessment within thirty (30) days from the date of receipt
of this letter; or
2) File a written petition to Wake County Department of Environmental Services to
request a hearing to appeal the civil penalty within thirty (30) days from the date
of receipt of this letter. The "Appeal of Civil Penalties — Erosion and
Sedimentation Control" guidance document is attached.

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3) Alternatively, if you choose to stipulate to the facts on which this assessment
was based, but wish to request remission of the civil penalty, then within thirty
(30) days from the date of receipt of this letter you must file a written request
for a remission of the civil penalty from the North Carolina Sedimentation
Control Commission.
If the payment is not received or equitable settlement reached within 30 days from the date of
receipt of this letter, the matter must be referred to the County Attorney for institution of a
civil action in the name of the County, in the appropriate division of the General Court of Justice
in Wake County for recovery of the penalty, Article 10-42-5(B).
Below are the instructions for procedures related to payment of civil penalties, appeal of civil
penalties and remission of civil penalties.
A. PAYMENT OF CIVIL PENALTY
To pay the penalty, send a check or money order made payable to Wake County to Wake
County Department of Environmental Services, P.O. Box 550, Raleigh, NC 27602-0550.
Payment of this penalty will not foreclose further enforcement action against you for any new
violation. If the violations which resulted in this penalty assessment are continuing in nature,
Wake County reserves the right to assess additional civil penalties in the future, or take other
enforcement action against you.
B. CIVIL PENALTY APPEAL (Wake County)
If you file an appeal, it must be in writing and submitted to Ashley Rodgers, P.E, Watershed
Management Program Manager of the Wake County Department of Environmental Services,
P.O. Box 550, Raleigh, NC 27602-0550. The applicant bears the burden of presenting factual
evidence that the appeal meets one or more of the following tests:
• The penalty was issued in error to a person not responsible for the violation (see
definition of Person Responsible for Violation Section 10-12 Definitions of the UDO)
• Violation resulted from extenuating or mitigating circumstances beyond the control of
responsible person (e.g. natural disaster)
• Penalty amount is inconsistent with Wake County's policy and the Civil Penalty
Assessment Factors outlined in Section 10-42-2 of the Unified Development Ordinance
• Other extenuating or mitigating circumstances (Specify)
C. CIVIL PENALTY REMISSION (Wake County)
A request for remission must be submitted to the North Carolina Division of Energy, Minerals
and Land Resources. The request is limited to consideration of the six factors listed below and is

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not the proper procedure for contesting the accuracy of any of the statements contained in the
assessment document.
Because a remission request forecloses the option of an administrative hearing, such a request
will not proceed without a waiver of your right to an administrative hearing and a stipulation
that there are no factual or legal issues in dispute.
You must execute and return to this office the attached "Waiver of Right to an Administrative
Hearing and Stipulation of Facts" and the attached "Justification of Remission Request" which
should provide additional information on the following factors which shall be considered in
determining whether a civil penalty remission request will be approved:
1) Whether one or more of the civil penalty assessment factors in Section 10-42-2
of the UDO were wrongly applied to the detriment of the petitioner.
2) Whether the petitioner promptly abated continuing environmental damage
resulting from the violation.
3) Whether the violation was inadvertent or a result of an accident.
4) Whether the petitioner had been assessed civil penalties for any previous
violations.
5) Whether the payment of the civil penalty will prevent payment for necessary
remedial actions or would otherwise create a significant financial hardship.
6) The assessed property tax valuation of the petitioner's property upon which the
violation occurred, excluding the value of any structures located on the property.
You have the burden of providing information concerning the financial impact of a civil penalty
and the burden of showing any financial hardship.
If you file a request for remission of the civil penalties, you must submit the required
information within 30 days of receipt of this notice to Jeevan Neupane, P.E, QA/QC Team Lead,
Environmental Services, P.O. Box 550, Raleigh, NC 27602-0550.
Please also be aware that because you have never previously been assessed a civil penalty for
violations of Article 10 of the Wake County Unified Development Ordinance or the
Sedimentation Pollution Control Act, should you abate continuing environmental damage
resulting from these violations within 180 days of the date of the Notice of Violations (no later
than April 15, 2022), then the maximum cumulative civil penalty assessed against you for these
violations cannot exceed $25,000.00.
Your prompt attention and cooperation in this matter is appreciated. Reference all attached
documents for additional information. If you have any questions, contact me at 919-868-6414.

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Sincerely,
14.e,
Betsy Pearce, CPSWQ, CFM
Environmental Consultant
cc:
Joseph Threadcraft, Ph.D., P. E., Director, Wake County Department of Environmental Services
Ashley Rodgers, P.E., CFM, Watershed Manager, Water Quality Division
Jeevan Neupane, P.E., Environmental Consultant, Wake County, Water Quality Division
Julie Coco, P.E., CPESC, State Sediment Engineer, NCDEQ— Division of Energy, Mineral, and Land
Resources
Bill Denton, P.E., Regional Engineer, NCDEQ— Division of Energy, Mineral, and Land Resources
Scott Vinson, P.E., Water Quality Supervisor, NCDEQ— Division of Water Resources
Attachments:
Wake County Inspection Report
"Resources for Technical Assistance — Erosion and Sedimentation Control"
"Appeal of Civil Penalties — Erosion and Sedimentation Control" — Wake County
"Justification of Remission Request" - North Carolina Department of Environmental Quality
"Waiver of Right to an Administrative Hearing and Stipulation of Facts" — North Carolina
Department of Environmental Quality
Updated 1/23/20