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[l <br />Zoning Case No. 6 <br />GAYLE AND CHRIS MCMILLAN <br />5 Goodyear Circle <br />Durham, NC 17713 <br />Location: To the west of Old School Road (second tier lot) <br />Township: Chapel Hill <br />Tax Map: 7.117..15P <br />Zoning District: Rural Buffer (RB), Protected Watershed II <br />(PW -II), University Lake Watershed (ULW) <br />Violations: Land filling without a permit <br />Accumulated Civil Penalties as of October 23, 1990: $5,200 <br />Comments: Mr. McMillan dumped refuse from razed buildings, <br />discarded substances such as paint, oil and other <br />chemicals, general trash and garbage until Febru- <br />ary 8, 1990, when he was instructed to stop doing <br />so by the County Environmental Planner. Because <br />of the nature of the dumping and the property's. <br />location in the University Lake Watershed, the <br />N.C. Division of Solid Waste Management was asked <br />to participate in assessing potential damage. The <br />Environmental Planner and personnel from Solid <br />Waste Management determined that if the materials <br />were removed in the immediate future, serious <br />damage to the watershed could be abated. <br />Since the third certified letter of May 8, 1990, <br />with explanation of civil penalties and direction <br />to rectify the violation by May 25, 1990, was <br />unclaimed, the final violation letter with expla- <br />nation of penalties was sent through the regular <br />mail in an unmarked envelope with a home return <br />address. On June 5, 1990, McMillan verbally <br />agreed via telephone to rid the premises of the <br />dumped material within two weeks (June 19). The <br />property was not cleared by June 20, 1990. <br />Recommendation: That demand be made for payment of civil <br />penalties @ $100 per day beginning on <br />September 1, 1990 in the amount of $5,200 <br />as of October 24, 1990. <br />r <br />