20091239 Ver 2_Notice of Violation_20110221

February 21, 2011
Judson T. Whitehurst
802 Recycling Lane
Greenville, NC 27834
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7003 2260 0005 5362 6359
SUBJECT: Assessment of Civ Penalties
Judson . WhitehuiSt
Canady Landing Lct #3
Beaufort County
Case No. WO-201 I-0001
Dear Mr. Whitehurst:
This letter transmits notice of a civil penalty assessed against Judson T. Whitehurst in the amount of
X6,659.36, which includes $659.36 n investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any
continuing violations} may be the subject of a new enforcement action, including an additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt
of these documents will result in this matter being referred to the Attorney General's Office with a
request to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1 - Submit payment of tthe+ senalty:
Payment should be made to the order of the Department of Environment and Natural Resources
D_? ENR1. Your o riot need 'io include any forms with your payment, however please reference the
Case No. WQ-2011-0001 on your check or money order.
Wetlands and Stormwater Branch;
1617 Mail Service Center, Raleigh, North Carolina 2T. 99-1617
Location: 512 N. Salisbury St. Raleigh, With Caroiin,. 27604
Phone; 919-80763401 FAX: [phone] + Customoi Service: 1.877.623-6748
internet: www.newaterquality.org
An Equal Qpporunity Affirmative Actuo, z rnr cVer
trade
NorthC:arohna
Naturally
Judson T. Whitehurst
Beaufort County
Case No. WQ-2011-0001
Page 2 of 3
Payment of the penalty w0l not foreclose further enforcement action for any continuing or new
vioiation(s). Payment must be sent within 30 calendar days of receipt of this notice to the
following:
If sending by First Class Mail via the US Post ' Service; if sending via delivery service (UPS, FedEx, etc.):
Ms. Cyndi Karoly Ms. Cyndi Karoly
NC DENR-DWQ - Wetlands and Storri"mater Branch NC DENR-DWQ - Wetlands and Stormwater Branch
WBSCP Unit or WBSCP Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
Option 2 - File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and s not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not he procw;sed 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 Stipulativn_j ! acts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or i-nore of the civil penalty assessment factors in G.S. 1438-282.1(b) were
wrongfully applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had nol been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice with the NIPS Assistance & Compliance Oversight Unit.
Submit this information to the following:
If sending by First Class Mail OR the bfS Poste? Service: if sending via delivery service (UPS, FedEx, etc,):
Ms. Cyndi Karoly Ms. Cyndi Karoly
NC DENR-DWQ -- Wetlands and Storrr-water Branch. NC DENR-DWQ - Wetlands and Stormwater Branch
WBSCP Unit "or WBSCP Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
€ tion 3 - File a written petitia r ,Kith the Office of Administrative Hearings:
If you wish to contest any portion of the civil penalty assessment, you must file a petition for a
contested case hearing. jj?is must be in the form of a written petition to the Office of
Administrative Hearirtgs and must conform to Chapter15013 of the North Carolina General
Statutes. For further inforrriation, please refer to the Office of Administrative Hearings website
httP:liwwvv.ncoah.c,-)rn/ or call their main telephone number [phone].
Judson T. Whitehurst
Beaufort County
Case No. WQ-2011-0001
Page 3of3
Within thirty (30) calendar mays of receipt of this notice, you must file your original petition for a
contested case hearing in the:
Office of Administrative bearings
6714 Mail Service Center
Raleigh, North Car0kna 27699-6714
You must also mail or hand-deliver a copy of the written petition to:
Ms. Mary Penny Thompson
NCDFNR
Office of general Counsel
1601 Mail Service: :enter
Raleigh, NC 27699-1601
and to:
If sending by First Class Avail via Me US Postal ,service. If sending via delivery service (UPS, FedEx, etc.):
Ms. Cyndi Karoly Ms. Cyndi Karoly
NC DBNR-DWQ - Wetlands and +`,?tOrn`)Wv Iter Branch NC DFNR-DWQ - Wetlands and Stormwater Branch
WBSCP Unit or WBSCP Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
The violations addressed by this as:?essrnent and any impacts to waters must be abated and properly
resolved. You are encouraged to contact Al Hodge with the DWQ Washington Regional Office at (252)
946-6481 if you need assistance in .achieving compliance at the site. Please be advised that additional
assessments may be levied for fu°ture, continuing, or other violations beyond the scope of this
specific assessment.
If you have any questions, please sce the following website: http://gortal.ncdenr.or lc? web/W?/WSlcu or
contact Katie Merritt at (919) 807-C<, 7Tl or myself at [phone].
Sincerely,
;l
Cyndi Karoly
Division of Water Quality
ATTACHMENTS
cc: Al Hodge/Anthony Scarbraug,h - DWQ Washington Regional Office
DWQ Wetlands and Stormwater Branch - WBSCP Unit Enforcement File Copy
dell devils - DLR Land Quality Section (copy sent via .pdf)
JUS I°IFICATION FOR REMISSION REQUEST"
DWQ Case Number: W -2011-001,1 County: Beaufort
Assessed Party: Judson 'T. VVI-ii.ehurst
Permit No. (If applicable): N/ Amount Assessed: 6 659.36
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Wa- iver Qf Right to an Administrative Hearing, and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director, to consider in evaluating your request for remission. Please
be aware that a request for remiss on is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1436-
282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each facior that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach additional
pages as needed).
?. (a) one or more of the (.ivil penalty assessment factors in N.C.G.S. 1438-282.1(b) were
wrongfully applied to the detriment .)f the petitioner (the assessment factors are listed in the civil penalty
assessment document);
_ (b) the violator ;iron €l abated continuing environmental damage resulting from the violation
explain the steps that you took to correct the violation and prevent future occurrences);
M the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you couls;i not prevent or prepare for);
_ (d) the violator had of been assessed civil penalties for any previous violations (i.e., explain
if previous violations have resulted in you being assessed civil penalties);
_ (e) payment of the ci [ °aenalty will prevent payment for the remaining necessary remedial
actions (i.e.; explain how payment ut the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANA`CION_Lil h additiong iages as necessary}:
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
ENVIRONMENTAL MANAGEMENT
COMMISSION
undersigned, desiring to seek rerr0s:s:=.on of the civil penalties, does hereby waive the right to an
administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of this
civil penalty roust be submitted to the [director of the Division of Water Quality within thirty (30) calendar
days of receipt of the civil penalty aasessrnent. No new evidence in support of a remission request will be
allowed after thirty (30) calendar days from the receipt of the civil penalty assessment.
This the day of ta y 20
NAME (printed)
TELEPHONE