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HomeMy WebLinkAbout2022-1419 and 2022-1439 202 Myers Ave_NBR_Wake_Denial May 2, 2023 DWR # 20221419 & 20221439 Wake County Tingen Remodeling Attn: David Altman 180 Elvenia Circle Benson, NC 27504 (Delivered via email: david@tingenremodeling.com) Subject: DENIAL of Neuse Riparian Buffer Authorization Requests 202 Myers Avenue, Raleigh Dear Mr. Altman: On October 11, 2022 and October 17, 2022, the Division of Water Resources (Division) received your applications requesting a Riparian Buffer Authorization for the subject project. On October 25, 2022, the Division notified you that neither application had an impact map depicting the proposed square feet of impact in Zone 1 and/or Zone 2 of the riparian buffer. As of this date, the Division has not received this requested information. The Division has determined that your application is incomplete. As a result, the Division cannot determine if the proposed project will comply with 15A NCAC 02B.611(b)(2) of the Neuse Riparian Buffer Rules. Therefore, your application for a Neuse Riparian Buffer Authorization is denied. You may reapply to the Division including a complete application package. The Division’s decision can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This letter completes the Division’s review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0714. Please be aware that you have no authorization under the Neuse Riparian Buffer Rules for this activity and any work within riparian buffers of the state may be a violation. Please contact Zachary Thomas or Cherri Smith at 919-791-4200 or zachary.thomas@ncdenr.gov or cherri.smith@ncdenr.gov if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources cc: DWR 401 & Buffer Permitting Branch electronic file Brad West (bradofwest@gmail.com)