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Home My WebLink About20110343 Ver 1_Application Returned_20110608 ???? 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 8, 2011 CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7011 01 10 0000 9947 6848 Thomas W. Kalb PO Box 145 Greensburg IN 47240 DWQ Project # 11-0343 Pamlico County Subject Property: lot 77, Whittaker Point Road Whittaker Creek [NEU10 27-130; SA, HQW, NSW] Dear Mr. Kalb: On April 11, 2011, the Division of Water Quality (DWQ) received your General Major Variance application for 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. 0233(9) (a) in order to qualify for a variance from the Neuse River Buffer Rules. You have not met the hardship described in 15A NCAC 02B. 0233(9) (a) (i) (A) in that your lot is developable without buffer impacts, merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. You have not met the hardship described in 15A NCAC 02B. 0233(9) (a) (i) (C) in that there is nothing about the physical nature of the property (size, shape or topography) which is different from that of neighboring properties. And you have not met the hardship described in 15A NCAC 02B. 0233(9) (a) (i) (F) in that the conditions of this site are widespread throughout the subdivision and both adjoining properties and new construction located within the neighborhood have built in compliance with the Neuse River Buffer Rules and therefore granting a variance would be a special privilege denied to others, and would not promote equal justice. You have not met the hardships described in 15A NCAC 02B. 0233(9) (a) (i), therefore we are returning 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 North Carolina Division of Water Quality Internet: www.newaterguality.oro 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper North Carolina Aaturially Page 2 of 3 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: (919)-733-2698, Facsimile: (919)-733-3478 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, during a site visit performed on June 7, 2011, it was documented that there were unauthorized impacts to the riparian buffer from the removal of understory vegetation. Zone 1 of the riparian buffer must remain undisturbed, while Zone 2 may be managed vegetation or lawn grasses. The only vegetation maintenance activities allowed in Zone 1 are hand pruning of vegetation. You may utilize this pruning allowance to help provide a view of the water. Also, the stand of Phragmities (Common Reed) located on landward edge of the coastal marsh are considered invasive and may be cut or treated (information enclosed). Likewise, you are allowed by Division of Coastal Management to mow or cut coastal wetlands under the 15A NCAC 07H.0205 guidelines (enclosed). However, any further cutting of the vegetation in Zone 1 will result in a violation from DWQ. Please be aware that you have no variance or authorization under the Neuse Buffer Rules for this activity and any work done within waters or buffer 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 Page 3 of 3 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. Sincerely, I Hodge, Regional Supervisor 601?.rface Water Protection Section Division of Water Quality Washington Regional Office Enclosures: General Major Variance FAQ Sheet Pruning Clarification Memo DCM Coastal Wetland Guidelines Phragmite information Cc(w/o t enclosures): my Chapman, WBSCP Unit Archdale Office WaRO File Copy Skip Lee, Pamlico County Planning Dept. DCM, Roy Brownlow, Acting District Manager, Morehead City Office Filename:11-0343GMV_Kalb_ReturnApp/aa