20061590 Ver 1_Vested Rights Determination_20070405

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Apri15, 2007
DWQ#2006-1590
Wake County
Mr. and Mrs. George C. Jones
7816 Breckon Way
Raleigh, NC 27615-5802
Subject Property: 11601 Appaloosa Run W, Raleigh, Wake County
Vested Rights Determination
Dear Mr. and Mrs. Jones:
This letter is to inform you that the Environmental Division of the NC Department of Justice (Attorney
General's Office) has completed its review of your request for a vested right determination for the subject property
from the Neuse River Buffer Rule (15A NCAC 2B .0233) and has advised appropriate staff in the Division of Water
Quality (DWQ). A property or development is only "grandfathered" when it can establish in court that it has
acquired a "vested right" to continue development as planned. Although this determination can only be made by the
courts DWQ can inform you of its position with respect to the question of "vested rights" for a project. Pursuant to
settlement discussions in Contested Case EHR 0953, DWQ sought a review and recommendation from the Attorney
General's Office of the "vested rights" issued set forth in your Petition For A Contested Case. The Attorney
General's Office has advised DWQ that upon consideration of the facts and circumstances of this matter, including
your purchase of the property in 1980 prior to the effective date of the Neuse Buffer Rules, your property being a
part of and shown on a recorded plat map of a residential subdivision, your expenditure of substantial funds for
payment of property tax and assessments by your subdivision's owners association, all in good faith, an exemption
from compliance with the buffer requirement of 15A NCAC 2B.0233 exists for this property.
This letter only addresses the inapplicability of 15A NCAC 2B .0233 and does not authorize any activity on
the property. Thank you for your attention to this matter. If this office can be of any assistance or if you have
additional questions, please contact Amy Chapman at [phone].
Sincerely,
~~
Cyn t_Karoly Supervisor
401 Oversight/Express Review Permitting Unit
cc: Chuck Wakild, Raleigh Regional Office
Donald W. Laton, Assistant Attorney General
Michael S. Harrell, Esq. Manning, Fulton & Skinner, P.A.; P.O. Box 20389; Raleigh, NC 27619
File copy
Central Files
File: 061590GeorgeCJones(Wake)V ested_Rights
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
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