20120399 Ver 1_General Correspondence_20120504

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E.
Director
May 4, 2012
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 7227
Denial of Request for a Minor Variance from the Neuse Buffer Rules
Mr. Gwinn Hedrick
401 Vandemere Street
Oriental, NC 28571
Dee Freeman
Secretary
DWQ Project # 12 -0399
Pamlico County
Subject Property: River Winds Condominiums, Blackwell Point Loop Road, Oriental, NC
Neuse River Basin, Smith Creek (27- 129 -(2); NSW, Sw)
Dear Hedrick:
On April 23, 2012 the Division of Water Quality (DWQ) received your minor variance application
dated April 16, 2012 for impacts to protected Neuse riparian buffers on the subject property.
Case number 8
You must meet all of the requirements outlined in 15A NCAC 02B .0233 (9) (a) (i) in order to qualify
for a variance from the Neuse Buffer Rules. You have not met the following requirements:
(A) Applicant did not demonstrate that by compliance to Buffer Rules that he /she could not
secure no reasonable return from, nor make reasonable use of his/her property.
(B) Applicant did not demonstrate hardship as results of application of the Buffer Rules.
(C) Applicant did not demonstrate hardship due to physical nature of property.
(E) Applicant purchased property after the effective date of Buffer Rules.
(F) Applicant did not demonstrate that a hardship is unique to the applicant's property, rather
than the results of conditions that are wide spread.
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
North Carolina Division of Water Quality Internet: www ncwaterqualitYor�
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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], Fax: [phone]
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 aware that you have no Minor Variance or authorization under the Neuse Buffer Rules (15A
NCAC 02B .0233) for this activity, and that this activity is considered a violation of 15A NCAC 02B
.0233. Please call Roberto Scheller in the Washington Regional Office at 252- 948 -3940 or Amy
Chapman in the Central Office at 919 -807 `^ " L-- 9 my questions or concerns.
Case number
Sincerely,
Charles Wakild, P.E.
Director
Division of Water Quality
cc: DWQ, Central Office, WeBSCaPe Unit - Attn: Amy Chapman
David Moye, DCM, Washington District Office
File