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Home My WebLink About20081697 Ver 1_Denial Letter_20120801 A- A G111V RMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary August 1 2012 DWQ Project#2008 1697v2 Wake County CERTIFIED MAIL RETURN RECEIPT REQUESTED R L Properties LLC Attn Mr Dess Langdon 800 North Raleigh St Suite C 2 Angier NC 27501 Subject Property Laura Duncan Townehomes 2580 Laura Duncan Road Cary NC Subject DENIAL of a MAJOR VARIANCE—Neuse Buffer Laura Duncan Townehomes Dear Langdon On June 18, 2012 the Division of Water Quality (Division) received your major variance application and a revised major variance application on July 3 2012, to impact 2 943 square feet of Zone 1 of the protected riparian buffers and 5 316 square feet of Zone 2 of the protected riparian buffers to construct the proposed townhomes on the subject property On July 11 2012 the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) heard the major variance request for the subject property The WQC denied the major variance request because the applicant did not meet the following hardship The applicant did not meet the requirement of 15A NCAC 02B 0233(9)(a)(1)(E) The applicant did not purchase the property after the effective date of this Rule and then requesting an appeal' The applicant purchased the property on December 16, 2005 You can contest this decision as provided in Articles 3 and 4 of G S 150B To contest this 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) calendar days of receipt of this notice A petition is considered filed when it is received in the Office of Administrative Hearings during normal M3 l nds Buffers Stornmatei Complian e nd Pe mitt ng Unit(WeBSCaPe) One oFG I laic SenICe l enter Paleigh i1 i1h Can, it?7br 9 1650 NorthCarol;<na I le ,11 a 807 630 \FA/ 11 80 Fa n n t http Ilpc tal nC I n rg feh w l is 61vatugN lly i r Fqu I Op ortun ry'Affi iatirC F ti n Emi�l�y i 8��66��bb8866l1�� ll��ff��' R L Properties LLC Page z of 2 July 30 2012 office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm 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)431 3000 Fax (919)4313100 A copy of the petition must also be served to DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 Please be aware that you have no authorization under the Neuse Buffer Rules for this activity and any work done within waters of the state or the protected riparian buffers would be a violation of North Carolina General Statutes and Administrative Code Please call Ms Amy Chapman at 919 807 6400 or Ms Karen Higgins at 919 807 6360 if you have any questions regarding this denial or would like to set up a meeting to discuss this matter Sincerely Charles Wakild P E CW/kah/asc cc Bob Zarzecki S&EC bzarzecki@sandec com (via email) Lauren Witherspoon RRO DWQ Webscape Unit Filename 081697v2LauraDuncanTownehomes(Wake)MaJVar_Denial SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Slgn re Rem 4 if Restricted Delivery is desired. gent ■ Print your name and address on the reverse MAA A!�Addressee so that we can return the card to you. g, R el ed by(P ted Name) C to of Delivery ■ Attach this card to the back of the mailpiece, ` or on the front if space permits. Fr► Is delivery address different from item I? ❑Yes 1. Article Addressed to: —q If YES,enter delivery address below: ❑No RL PROPERTIES LLC 8/ 7 G iF MR DESS LANGDON " c PO BOX 2050 tna' ANGIER NC 27501 N `J' � trvice Type DWQ08-1697 V2 WAKE COU Y ��'' Certitiedmail ❑Express mail ❑Registered Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. ResMcted Delivery?(Extra Fee) ❑Yes 2. Article Number i 7 0 0 9 2 25 0, 0 0 0 0' 8 0'8 7 4'5 4'' (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Posta USPSge&Fees Paid Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• DENR-DWQ-WEBSCAPE UNIT WETLANDS STORMWATER BRANCH 1650 MAIL SERVICE CENTER FL 9 RALEIGH NC 27699-1650