20030166 Ver 2_More Info Letter_20100923

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 23, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. # 7010 0290 0001 5628 0292
John Geewax
129 Hicks Road
West Grove, PA 13390
DWQ Project # 03-0166 Ver. 2
Hyde County
Subject Property: Geewax Property, John Gaskins Drive, Ocracoke, NC
Pamlico Sound [030307, 29-(40.5), SA, HQW]
Dear Mr. Geewax:
Per your request for clarification received in correspondence by the Division of Water Quality (DWQ) on
September 17, 2010 concerning the status of the Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B .0259), this Office issued a regulatory correspondence on
August 13, 2010 stating you must meet the hardships outlined in 15A NCAC 02B. 0259(9)(a) in order to
qualify for a Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B
.0259). Please note, a clerical error was made during the original correspondence issued from this
Office on August 13, 2010, which referenced 15A NCAC 02B. 0259(9)(a). The correspondence
should have referenced 15A NCAC 02B. 0259(8)(a)(ii) and stated you have not met the "no practical
alternatives" described in 15A NCAC 02B. 0259(8)(a)(ii), in that your proposed project has not
demonstrated avoidance and minimization of impacts to the protected riparian buffer. Therefore, this
office cannot approve your application as is.
As stated in the DWQ correspondence issued on August 13, 2010, you can contest this decision as
provided in Articles 3 and 4 of G.S. 150B. To contest the DWQ's decision you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state,nc us/ncwetlands/
NorthCarolina
AahmallY
An Equal Opportunity 1 Affirmative Action Employer
Geewax Property
Page 2 of 2
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please note, a response in writing to the previously mentioned DWQ correspondence is to be received by
October 18, 2010 with documentation that a petition has been filed to contest this decision. If we do not
hear from you by October 18, 2010, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
This letter only addresses the application review and does not resolve the issue that no variance or
authorization under the Tar-Pamlico River Buffer Rules for this activity was secured prior to construction.
Any additional work done within the Tar-Pamlico River Riparian Buffer would be a violation of North
Carolina General Statuses and Administrative Code. Please call Anthony Scarbraugh at [phone]
or Amy Chapman at [phone] if you have any questions or concerns.
/IAA ncerely,
Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: ,401Oversight/Express Permitting Unit
Amy Chapman, DWQ Central Office
Doug Huggett, DCM Morehead City
Steve Trowell, DCM Washington
File Copy
Filename: 03-0166 Ver. 2