20120399 Ver 1_More Info Letter_20120607

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E.
Director
June 7, 2012
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 7234
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 additional impacts to nrotected Neuse riparian buffers on the subject
property for the construction of two (2) 10 Case number 4den decks.
You must meet all of the requirements outlined in 15A NCAC 02B .0233 (9) (a) in order to qualify
for a variance from the Neuse Buffer Rules. You have not met the following requirements:
1. 15A NCAC 02B.0233 (9)(a)(i)(A)
"If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving that
the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible, "
A Minor Variance was issues to Mr. Hedrick on November 4, 2001 (DWQ# 04 -0780) to
impact 1,626 square feet in Zone 2 of the Neuse riparian buffer for the construction of a 7
unit condominium. The condominium units currently have a recessed porch, on the
ground floor, off the back of each unit. Denial of current variance would not prohibit
making reasonable use of the property.
2. 15A NCAC 02B .0233 (9)(a)(i)(C)
North Carolina Division of Water Quality Intemet: www.newaterquality.org
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"The hardship is due to the physical nature of the applicant's property, such as its shape,
or topography, which is different from that of neighboring property. "
Neighboring properties adjacent to the subject property are similar size, shape and
topography.
3. 15A NCAC 02B .0233 (9)(a)(i)(E)
"The applicant did not purchase the property after the effective date of this Rule, and then
request and appeal. "
Pamlico County Tax Records shows the subject property was purchased 2005/03/09, after
the effective date of the Buffer Rules.
4. 15A NCAC 02B .0233 (9)(a)(i)(F)
"The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and
would not promote equal justice; "
The hardship is not unique to the subject property, other properties are equally subject to
the hardship created by this Rule and granting a second variance would be a special
privilege denied to others and would not promote equal justice.
5. 15A NCAC 0213 .0233 (9)(a)(iiCase number 5
"The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preservers it's spirit; "
It has not been demonstrated that the project can be accomplished in a manner that avoids
or minimizes additional impacts to the protected riparian buffer. The condominium units
currently have a recessed porch, on the ground floor, off the back of each unit.
6. 15A NCAC 02B .0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare have been assured, water quality
has been protected, and substantial justice has been done. "
Neighboring properties adjacent to the subject property are similar in size, shape, and
topography, therefore granting a second variance would be a special privilege denied to
others and would not promote equal justice.
In accordance with 15A NCAC 02B .0233 (9), your application for a variance to the Tar - Pamlico
Riparian Buffer rules is herby denied.
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

Page 3 of 3
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 -Case number 6y questions or concerns.
Sincerely,
Charles Wakild, P.E.
Director
Division of Water Quality
cc: Roberto Scheller — DWQ, WaRO
DWQ, Central Office, WeBSCaPe Unit - Attn: Amy Chapman
David Moye, DCM, Washington District Office
File

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