NOV-2009-WQ-0071 Ver 1_Notice of Violation_20120830

-5 WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
August 30, 2012
CERTIFIED MAIL #7010 0290 0001 5628 9684
Mr. Judson T. Whitehurst
802 Recycling Lane
Greenville, NC 27834
Dear Mr. Whitehurst:
Dee Freeman
Secretary
Subject: Insufficient Restoration
NOV- 2009 -WQ -0071 (Case No. WQ- 2011 -0001)
Lot #3 Canady Landing
Tar - Pamlico River Buffer Violation
Beaufort County
On August 28, 2012, Anthony Scarbraugh of Division of Water Quality (DWQ) conducted
an inspection to monitor restoration activities associated with the installation of a go -kart
track within Zones 1 and 2 of the Tar - Pamlico Riparian Buffer at your property. During
the site inspection, DWQ staff observed the impervious surface from the go -kart track
had been removed from Zones 1 and 2 of the Tar - Pamlico Riparian Buffer in accordance
with the area demarcated by Mr. Scarbraugh on his previous inspection on June 20,
2012. However, the reestablishment of the pre- existing grass lawn that existed prior to
violation has not been completed as required by this Office in correspondence issued on
June 22, 2012. It is the expectation of this Office that the scope of work be completed no
later than October 1, 2012.
Please contact the DWQ personnel indicated below after completing the above -
mentioned scope of work so a site visit can be scheduled to verify that restoration is
complete.
Thank you for your attention to this matter. Please remember these violations and any
future violations are subject to a civil penalty assessment of up to $25,000.00 per day for
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NO 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: wwwmwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarofina
Naturally

each violation. Should you have any questions regarding these matters, please contact
Anthony Scarbraugh or myself at (252) 946 -6481.
Sincerely,
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Katie Merritt - WBS Compliance & Permits Unit, Archdale Building
WaRO Files
Jane Oliver - Assistant Attorney General, NCDOJ, Environmental Division,
9001 Mail Service Center, Raleigh, IVC 27699 -9001
Kelly Spivey - DCM WaRO