20120399 Ver 2_Denial Letter_20150717

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NCDENR
North Carolina Department of ErMronrnent and NaWral Resources
Fat McCrory Dmialdvar-ide� Vaart
Sovemor Secretary
July 17,ZOI5
DVVR#I2-O399V2
Pamlico County
CERTIFIED MAIL: 7013 3020 00O07632 0451
RETURN RECEIPT REQUESTED
RkxervvndSTovvDhDnn86 LLC
Attn: W9r.Gminn Hedrick
4OIVandernereStreet
Oriental, NC38572
Subject: DENIAL of MAJOR VARIANCE FROM THE PdEUSE BUFFER RULES
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Dear Mr. Hedrick:
On December 17, 2014 the Division of Water Resources (Division) received your major variance
application dated December 12,2OI4 requesting a major varianceforimnpactstotheprm1ected
Neuse riparian buffers on the subject property.
On May 13, 2015, the Water Quality Committee of the North Carolina Environmental
Management Commission (Commission) denied your request for a variance. The Final Agency
Decision was issued on June l8,2OI5.
I5ANCACO2B.0283(9)(cViii\states that upon the Commission's denial, the Division shall issue
a final decision denying the major variance. In accordance with 15AyWCAC 02B.0233, your
application for a major variance from the Neuse buffer rules is hereby denied.
This decision can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAHathttp h.com/orh«C8Uingthe
OAH Clerk's Office at(9I9) 43l-3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
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Major Variance Denial
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The petition may be faxed to the OAH at (919) 431-3I00. provided the original and one copy of
the petition along with any applicable [AH filing fee isreceived by the OAH within five /5\
business days following the faxed transmission.
Mailing address for the OAH:
If sending via bS Postal Service
Office ofAdministrative Hearings
6714 Mail Service Center
Raleigh, N[276B9-G714
If sending via delivery service (UPS,
Fed£x. etc):
Office of Administrative Hearings
17II New Hope Church Road
Raleigh, NC27GU9-G285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
16O1 Mail Service Center
Raleigh, NC27O99-l6O1
Please be aware that you have no authorization under the Neuse Buffer Rules for this activity
and any work done within the protected riparian buffers would be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] or
Jennifer Burclette at 919-807-6364 or [e-mail] if you have any questions
or concerns.
cc: DWR\NaRO4OIfile
DWR 401 & Buffer Permitting Unit file