20091239 Ver 2_Notice of Violation_20110301

CARTER, ARCHIE, HASSELL & HOLBROOK,
ATTORNEYS AT LAW
POST OFFICE DRAWER 2187 - 112 S. RESPESS STREET
WASHINGTON, NORTH CAROLINA 27889-2187
TELEPHONE: [phone] / FAX: [phone]
SENDER'S E-MAIL: raneeaeasternnclawyers.com
SENDER'S E-MAIL: Itaylora-easternnclawyers.com
THOMAS E. ARCHIE
SIDNEY J. HASSELL, JR.
RANEE SINGLETON HOLBROOK
February 28, 2011
Office of Administrative Hearings
6714 Mail Service Center
Washington, NC 27889
Re: DWQ /WQ-2011-0001
Dear Clerk:
L.L.P.
? L5 r,,, t5 (J !:/ L5 4? ?,
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L
MAR 1 2011
DENR - ?dVA%W QUALITY
Wetlands $ r yq or franc,
W. B. CARTER, JR. (Retired)
Please find enclosed the original and one copy of the Petitioner's Prehearing Statement for the
above matter.
Please call me at the above number should you have any questions.
Sin rely,
Ranee Singleton
cc: Cyndi Karoly
Mary Penny Thompson
enclosure
PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF BEAUFORT
JUDSON T. WHITEHURST
PETITIONER,
V.
NCDENR, DIVISION OF WATER QUALITY
RESPONDENT.
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
Issued a civil money penalty against me for alleged removal of vegetation and placement of impervious service along coast wetlands adjacent to
Hatter Creek. Any structures that were placed are allowable as "playground equipment" and were additionally placed on soil that was impervious at
the time that I purchased the property in April of 2008.
Amount in controversy $6.659.36.
(If more space is needed, attach additional pages.)
Because of these facts, the State agency or board has: (check at least one from each column)
_x_deprived me of property; -x-exceeded its authority or jurisdiction;
_x ordered me to pay a fine or civil penalty; or -x-acted erroneously;
-X -otherwise substantially prejudiced my rights; AND x_failed to use proper procedure;
_x acted arbitrarily or capriciously; or
failed to act as required by law or rule.
Resp tf illy submi ed this the 28`h day of February, 2011
OULU
Ranee Singleton
Carter, Archie, Hassell & olbrook, LLP
P 0 Drawer 2187
Washington, NC 27889
Your phone number: [phone] X 14
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
Cyndi Karoly
NCDENR _ DWQ
WBSCP Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
This the 28`h day of Febrw
?awl
(your signature)
When you have completed this fo3tn, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (05/10)