20091239 Ver 2_Notice of Violation_20110218

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF BEAUFORT RESOURCES
Acting pursuant to North Carolina General Statutes (hereby known as C.S.) 143-215.6A,
I, Cyndi ICaroly, of the Divisio i of Water Quality (hereby known as DWQ), make the
following:
FINDING OF FACT
A. Judson T. Whitehurst is the owner of record of the property known as
Canady Landing Lot 3 and identified as Beaufort County Pin Number
14006853', near the town of Aurora in Beaufort County, North Carolina.
The subject property is bordered by Matter Creek, which is subject to the
Tar-Pamlico River Riparian Buffer Rules.
B, On October 20, 2009, DWQ staff conducted a site visit and observed
impacts to approximately 6,500 square feet of Zones 1 and 2 of the Tar-
Pamlico River Riparian Buffer from the removal of vegetation and
placement of impervious surface along coastal wetlands adjacent to
Hatter Creek.
C. Title 15A North Carolina Administrative Code (hereby known as NCAC) 2B
F, The impacts oc+..urred to the riparian buffer along coastal wetlands
adjacent to Hatter Creek, Class SA; HOW, NSW waters within the Tar-
Pamlico River Basin.
G. The cost to the State of the enforcement procedures in this matter totaled
659.36.
Judson T. Whitehur t
Beauffin County
Nape 2 of 3
Based upon the above Finding of Fact, I make the followinge
CONCLUSION OF LAM
A. Judson T. Whitehurst is a "person" wPith€n,th,e meaning of C.S. 143-215.6A
pursuant to G.S 1437212 (4j,.
B. Hatter Creek, located at the'site, constitutes waters of the Mate within the
meaning of G.S. 143-212 (6).
C. Judson T. Whitehurst violated Title 15A NCAC 2B .5259 (4) by impacts to
approximately 6,500 square feet of Zones 1 and 2 of the Tar-Pamlico River
Riparian Buffer from removal of vegetation and the unauthorized
placement of impervious surface.
E. Judson T. Whitehurst may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of riot more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed against
a person who violates a rule of the Commission implementing this Part,
Part 2A of this Article, or G.S. 143-355(k).
The State's enforcement cost in this matter may be assessed against
Judson T. Whitehurst pursuant to G.S. 143-2:1x5:3 (a)(9) and G.S. 14313-
282.1 (b) (8).
G. Cyndi Karoly of the Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Ill, DECISION
Accordingly, Judson T. Whitehurst is hereby assessed a civil penalty of:
l
F iy ) for violation of Title 15A (VCAC 21 .0259 (4) by impacts to
approximately 6,500 square feet of :ones 1 and 2 of the Tar-
Judson T. Whitchuwst
Bcaulbrt County
Page 3 oi' 3
Pamlico River Riparian Buffer from removal of vegetation
and the unauthorized placement of impervious surface
`- ---- _,-I" TAL CIVIL PENALTY, authorized by G.S. 143-215,6A
059.36 _ __ Enforcement Cost
$ to tv `, TOTAL AMOUNT DUE
As required by G.S. 143-215,6A(c), in determining the amount of penalty, l considered
the factors set out in G.S. 14.31:3-282,1(b), which are;
gate l/ Cyndi Karoly f?,
Division of Water Quality