20100170 Ver 1_More Info Letter_20110214

ff ?
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 14, 2011
DWQ Project # 10-0170
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7010 0290 0001 5628 9530
David and Carolyn Matthews
322 Clover Street
Galax, VA 24333
Subject Property: 235 Shell Castle Lane (Lot #20 Port Vandemere Subdivision)
Vandemere Creek [030413, 27-150-15, SC, Sw, NSW]
Dear Mr. and Mrs. Matthews:
On March 1, 2010, the Division of Water Quality (DWQ) received your minor variance application dated
February 25, 2010, to fill or otherwise impact 240 square feet of Zone 2 of the protected Neuse riparian
buffers to construct a pole supported shelter for aesthetic purposes over a water supply well on the subject
property.
By guidance from the Attorney General's Office on the interpretation of the Neuse 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 Buffer Rules. You have not met the hardship described in 15A NCAC 02B .0233(9)(a)(i)(E), in
that you purchased the property after the effective date of the Rule. Therefore this office cannot process
your application.
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
A copy of the petition must also be served on DENR as follows:
401 Oversight/Express Review Permitting Unit One?L
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] ?tU
"aClff
Internet: http://h2o,enr.state.nc.us/ncwetlands/
An Equal Opportunity', Affirmative Action Employer
David and Carolyn Matthews
Page 2 of 2
February 1, 2011
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 Neuse 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 Chris Pullinger at 252-948-3920 or Al Hodge at 252-946-
6481 if you have any questions or concerns.
Sincerely,
Coleen H. S ins
cc: 401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Huggett/Morehead City
CAMA: Brad Connell/Morehead City
Filename: 101070235 Castle DriveMinVar Returned_Application.doc