20071902 Ver 1_Application Returned_20110523

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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
May 23, 2011
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 6800
Joanne E. Harrell
For John W. Edward Estate
PO Box 868
Oriental NC 28571
DWQ Project # 07-1902 V2
Pamlico County
Subject Property: Lot 92 Oriental Plantation
Smith Creek [NEU10 27-129-7-(1); SC, HQW, NSW]
Dear Mrs. Harrell:
On March 30, 2011, the Division of Water Quality (DWQ) received your General Major Variance
application dated March 25, 201 lfor impacts to protected Neuse River riparian buffers 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. 33(9)(a) in order to qualify for a variance from the Neuse
River Buffer Rules. You have not met the hardship described in I SA NCAC 02B. 33(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:OOam and S:OOpm, 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.ncwaterauality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 be advised, DWQ is pursuing new Consolidated Buffer Rules. DWQ is working on incorporating
new and different options in the Consolidated Buffer Rules to allow for more flexibility for lots platted
prior to the buffer rules. DWQ will conduct public hearings throughout the state during 2011 and
anticipates the rules will become effective in 2012. These Rules, if adopted, may provide options not
currently available to you under NCAC 2B .0233, Neuse River Buffer Rules.
In addition, you are eligible to apply for a Major Variance with the EMC. To apply for a major variance
to the EMC, please contact Amy Chapman at 919-807-6400. A major variance application form has been
enclosed for you.
Please be aware that you have no 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 Statutes and
Administrative Code. Please be advised, these violations and any future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation.Please call Amy Adams at 252-
948-3917 or Amy Chapman at 919-807-6400 if you have any questions or concerns.
Sin~e~reh
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~ Al Hodg
Surface Water Protection Section
Division of Water Quality
Washington Regional Office
Enclosures: General Major Variance FAQ Sheet
Warranty Deed Lot No. 92, Section 1, Oriental Plantation
Major Variance Application Form
cc: ~i/Amy Chapman, WBSCP Unit Archdale Office
WaRO File Copy
DCM, Roy Brownlow, Acting District Manager, Morehead City Office
Tidewater Real Estate c/o Carolyn Bellis PO Box 340 Oriental NC 28571
Filename: (07-1902V2) MinVaz Returned Apylication.doc
North Carolina Division of Water Quality Internet: www.ncwateraualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone] One
NorthCarolina
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