20110074 Ver 1_More Info Letter_20110331

MUM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 31, 2011
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 7524
William M. Bell
216 Forte Shores Drive
Chocowinity, NC 27817
Subject Property: 216 Forte Shores Dr.; Chocowinity, NC
UT to Pamlico River; Tar-Pamlico River Basin
Class SB, NSW; Sub-basin 03-03-07; Index #29-(5)
Dear Mr. Bell:
DWQ Project # 2011-0074
Beaufort County
On January 24, 2011, the Division of Water Quality (DWQ) received your Coastal General Major
Variance application dated January 21, 2011 for impacts to protected Tar-Pamlico riparian buffers on the
subject property.
By guidance from the Attorney General's Office on the interpretation of the Tar-Pamlico Buffer Rule,
you must meet the hardships outlined in 15A NCAC 02B. 259(9)(a) in order to qualify for a variance
from the Tar-Pamlico Buffer Rules. You have not met the requirements for hardship as described in 15A
NCAC 02B. 259(9)(a)(i)(F), in that the hardship you have identified is not unique to your property. Other
similar properties would be equally subject to the hardship created by this restriction, therefore granting a
variance would be a special privilege denied to others, and would not promote equal justice. 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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturally
Page 2 of 2
March 28, 2011
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
If you choose not to contest this decision by entering a petition to the Office of Administrative Hearings
within sixty (60) days of receipt of this notice, then you must remove the pool before the end of the sixty
days of receipt of this notice.
Please be aware that you have no General Major Variance or authorization under the Tar-Pamlico Buffer
Rules (15A NCAC 02B .0259) for this activity, and that this activity is still in violation of 15A NCAC
02B .0259 (4) until this matter is resolved. Please call Chris Pullinger at 252-946-6481 if you have any
questions or concerns.
4 Si cere ,
Al odge Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: •'401 O/E - Attn: Amy Chapman
401 O/E - Attn: Cyndi Karoly
DWQ WaRO File Copy
DCM WaRO - Attn: Kim Hedrick
Filename: 2011-0074