20110328 Ver 1_Application Returned_20110613

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 13, 2011
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. # 70110110 0000 9947 7579
Mr. Shelton W. Stallings
26013 I't Avenue Court NE
Hickory, NC 28601
DWQ Project # 11-0328
Pamlico County
Subject Property: Lots Located at 157 Live Oak Lane, Grantsboro, North Carolina
Neuse River Basin, Neuse River
Dear Mr. Stallings:
On April 8, 2011, the Division of Water Quality (DWQ) received your General Major Variance
application dated April 2, 2011 for impacts to the protected Neuse River Riparian Buffers on the subject
property.
By guidance from the Attorney General's Office on the interpretation of the Neuse Riparian Buffer Rule,
you must meet the hardships outlined in 15A NCAC 02B .0233(9) (a) in order to qualify for a variance
from the Neuse Riparian Buffer Rules. You have not met the hardship described in 15A NCAC 02B
.0233(9) (a) (i) (E), in that the applicant purchase the subject property after the effective date of the
riparian buffer rules and the applicant did not demonstrate minimization of buffer impacts to the greatest
extent practicable.
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:llh2o.enr.state.nc.us/ncwetlands/
NonrthCarohna
Naturally
An Equal Opportunity 1 Affirmative Action Employer
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 be aware that you have no minor variance or authorization under the Tar-Pamlico Buffer Rules for
this activity and any work done within waters of the state would be a violation of North Carolina General
Statuses and Administrative Code. Please call Amy Chapman at 919-807-6400 if you have any questions
or concerns.
Sincerely,
aj i
For Coleen H. Sullins
cc: ?llWQ 401 Oversight/Express Unit
File Copy
Filename: 11-0328