20120399 Ver 1_More Info Letter_20110603

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 3, 2011
DWQ Project # 1 1 -0331
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 6831
Gwin Hedrick
401 Vandemere St.
Oriental NC 28571
Subject Property: Riverwind Condominiums
Smith Creek, Neuse River Basin, 27- 129 -(2), NSW, SC)
JUN ,,L011 I
Dear Mr. Hedrick:
On June 3, 2011 we discussed by phone that in light of the deed information with the
Pamlico County Register of Deeds, I would have to return your application based upon
the purchase date of the proper -' ­ r01111Zt P, ;n" rvf +or +he effective date of the rule
(1997) and the ineligibility of this Case number - 1OGeneral Major Variance.
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 Buffer Rules. You have not met the hardship
described in 15A NCAC 02B. 59(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. 1508. 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 8:00am 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.
North Carolina Division of Water Quality Internet: www.ncwateroualitv.orp
943 Washington Square Mall Phone: 252 - 946 -6481 - - - --
Washington, NC 27889 FAX [phone] Oile
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h iCarolina
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Page 2 of 3
1. Site Plans
If you decide to proceed with either the General Major Variance, then you will
need to provide detailed site development plans depicting the location of Zone
1 and 2 of the protected buffers and the area of impact to the buffers ins uare
feet.
2. Buffer Mitigation
Buffer mitigation will most likely be required as a condition if you choose to
proceed with either the General Major Variance. if you choose to proceed with
a variance, then please provide a buffer mitigation plan pursuant to 15A NCAC
02B .0260.
3. Stormwater Management
Stormwater management will be required as a condition if you choose to
proceed with General Major Variance. Please provide a detailed stormwater
management plan depicting how you intend to treat the stormwater running
off the proposed impervious surfaces.
4. Requirements of 15A NCAC 02B .0233(9)(a)
The Division of Water Q, —0- inWni ;, re -, ,;. -d to prepare a "finding of fact" as to
whether the variance rCdse number 11
_ _._ ..._ . _�uirernents of 15A NCAC 02B
.0233(9) (a). Please address how you have met these requirements.
(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.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such
as its size, shape, or topography, which is different from that of neighboring
property.
(D) The applicant did not cause the hardship by knowingly or unknowingly
violating this Rule.
(E) The applicant did not purchase the property after the effective date of this
Rule, and then requesting an appeal.
(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;
5. Justification and Need

Page 3 of 3
Your development plan shows patio areas in front of each of the condo units.
Your application states that the elderly need a hard deck for wheelchair access.
However, there appear to be exisiting patios for this purpose. In addition, there
are no other handicap facilities (ADA boardwalks, ramps, ect) shown on your
plans. Please indicate why these structures are needed.
Please respond in writing to the DWQ within 30 days of the date of this letter to verify that
you have received this letter and that you remain interested in continuing to pursue
permitting of your project and will be providing the DWQ the requested information at a
later date. Please contact me in writing at the DWQ Washington Regional Office. If we
do not hear from you within 30 days, we will assume that you no longer want to pursue
this project and we will consider the project as withdrawn.
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 of the Washington
Regional Office at 252- 948- 3917or Amy Chapman of the DWQ Central Office at 919 -807-
6400 if you have any questions regarding or would like to set up a meeting to discuss this
matter.
Case number 12 Sincerely,
#4toleen H. Sullins
cc: .-A'my Chapman, WBSCP Unit, Archdale
WaRO File Copy
DCM, Roy Brownlow, Acting District Manager, Morehead City Office
Filename: 11 -0331 _Hedrick_GMV_Hold /aa