20001596 Ver 1_Vested Rights Determination_20150608

Alf j�of2*
a
HCDENR
North Carokna Department of Environment and Naturall Resourcl
M
MUM
Donald R, van der VaaN
Secretary
Wake County
Mr. Steven S. Sanderson, P.E.
Post Office Box 2016
2485 Wendell Boulevard
Wendell, NC 27591
Re: Hollyview Estates, Wendell, Wake County —Vested Right Determination
Dear Mr. Sanderson:
This letter is to inform you that the North Carolina Department of Environment and Natural
Resources has completed its re-review of the information you submitted to support your request
for a vested right determination for the subject property with respect to the Neuse Buffer Rules
(15A NCAC 02B .0233). We have found no new information, or other basis, to justify a reversal of
the determination based on the advice of the Attorney General in June 2003. A property or
development is only "grandfathered" when it can establlish that it has acquired a "vested right" to
continue the development as planned. As you may recall, the Attorney General's office advised,
among other things, that there was not a sufficient "detriment" for the project to be vested. In
addition, a vested right only lasts for a reasonable period of time, and nearly 12, years have gone
by without any contact with the Division of Water Resources at all regarding this development, or
pursuing an alternative outcome.
Therefore, your proposed project will be subject to the Neuse Buffer Rules with regard to any
water quality permitting. The Department would like to remind you of the option to apply dlirectly
to the Division of Water Resources for a minor variance to encroach into the outer 20 feet of the
buffer zone. This may further alleviate any concerns over the placement of amenities.
Division of Water Resources
'1617 Mehl Siorke CeMep, Ralelgh, North Cairo lln 27699-1617
Locatim 512 Nr Sallsbury St Raleigh, North Carolln 27604
Phone: [phone] t FAX [phone]
nternet, www ncYv,-t@1qj4g1lt 'o
An Equal Opportuniry Affirmahe, Ar%cm Employer Wde vii mart by racyded paper

Mr. Sanderson
Vested Right Determination
June 8, 2015
Paige 2
If you have any questions or need anything further, please do not hesitate to contact Jennifer
Burclette at [phone] or Karen Higgins at (919) 8017-613,60.
Sincerely,
S. Ja y um rman, P.G.
Director, Division of Water Resources
cc: Sam M. Hayes, General Counsel, INICDENR
Craig A. Bromby, Assistant General Counsel, NIICDENR
Katie Mills, Legal Intern, NICDEN:R
Tom Reeder, Assistant Secretary for the Environment, NICDENR
Danny Smith, Raleigh Regional Office, DWR
Karen Higgins, 401 & Buffer Permitting Unit, DWR