Developers are having their way with Durham, but they are not paying their way. To facilitate the building of huge subdivisions on forested land, the first thing they do is bulldoze away all signs of natural life. Developers indiscriminately bulldoze the trees and all plant life because it’s cheaper than preserving trees within the property and working around them. Once the land is denuded the developers move on to transform the natural topography to a flat canvas, aka “mass grading.” Very often the land to be flattened sits atop rock which is too big to be bulldozed away. The easiest and cheapest way to remove the rock is to blast it to smithereens. Cue the dynamite.
The force of blasting does not politely stay within the boundaries of the building site. It is common for neighboring homes and wells to sustain damage.
Listen to one victim of blasting damage in Durham:
The Junction Road victims are still without drinkable well water two years later.
Keep in mind that on Junction Road ten wells collapsed or were contaminated at the same time after blasting commenced on nearby construction projects.
Even in extreme situations like Junction Road, the developers and blasting companies simply stonewall victims of their blasting. This is because currently there is no mechanism to make them pay for the damage they cause UNLESS victims hire a lawyer and sue them. Lawyers charge $500 per hour or more and lawsuits take two or three years to get a decision. In the meantime, the victims have no water. If victims win the lawsuit, the developers have to pay for the well and home repair BUT they do not have to pay the victims back for their attorney fees. The attorney fees can easily be in the range of $60,000 to $100,000. The developers and blasting companies rely on the fact that a rational homeowner will spend their savings on repairing their wells asap instead of paying an attorney. That’s if the homeowner/residents have sufficient savings (or very large lines of credit).
In the Junction Road case the only help the City has offered the victims is to allow them to hook up to the City water system. Sounds good until you learn the initial cost to the Junction Road homeowners for City water would be $600,000. You read that right.
If you live in southeast Durham or near Latta Park in north Durham, you are now experiencing, or soon will be, ongoing construction blasting. Make sure you photograph and document the condition of your homes and wells before blasting begins. Having a trustworthy, highly regarded, witness to your record making is a good idea.
When you do sustain damage, the City website advises as follows:
What should you do if you think you have damage from nearby blasting?
Immediately contact the blasting company that is conducting the blasting activities. If you need the name and insurance certificate of the blasting company, you can submit a public information request. Please visit the web link below to request this information and our office will provide the information.
This is the equivalent of advising chickens who have seen a fox carrying off one their flock to immediately contact the foxes’ den. Even if you have thoroughly documented your loss with before and after pictures, expect to be stonewalled by the blasting company. Their PR person may seem nice at first but the intention is most likely to obtain compromising statements from you. Do NOT sign anything. If your damage is minimal and you have irrefutable proof, the company might make repairs so long as the cost is small. If your damage is significant, regardless of your proof, you may be told by the blasting company that they are following all safety protocols. They may suggest that you are overly sensitive. They will claim the cracks to your walls and wells are from natural settling. Worse, you may be accused of trying to scam the developer into repairing pre-existing damage to your property. Your word will mean nothing. All of these are tactics written about in many construction trade publications about how to avoid liability.
I am exploring ways developers can quickly, and without lawsuits, be made to pay for the damage they cause. I will post my suggestions here when they are ready. I will then ask all of you for your help in getting city and county electeds to pay attention.
Meanwhile, if you know blasting is coming your way, show up at all public hearings on the projects. Explain how close you are to the proposed worksite and how you may be harmed. If the project is underway and you are suffering damage, go to a council or BOCC work session and let the electeds know what is happening and that you want the profiting developers to pay for the harm they are causing. Get as many neighbors as you can to show up and do the same.
Preserve Rural Durham is a group of amazingly well informed and dedicated citizens who have been fighting for Durham and our environment for several years. You will find great information and resources at their website, PreserveRuralDurham.org, but we can’t leave the entire burden on them. We need to show up.
Another site for great information on construction vibration/blasting is :
https://vibrationdamage.com/#gsc.tab=0
Until next post…