20071302 Ver 1_Vested Rights Determination_20080108

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 8, 2008
BRL Engineering
Attn: Mr. Brian Leonard
704-B East Stanley Street
Four Oaks, NC 27524
Subject Property: Carriage Hills SD Lot 23, Raleigh, NC
Vested Rights Determination
Dear Mr. Leonard:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 07-1302
Wake County
This letter is to inform you that the Environmental Division of the NC Department of Justice
(Attorney General's Office) and the Division of Water Quality (DWQ) have completed their review of
your request for a vested right determination for the subject property from the Neuse River Buffer rules
(15A NCAC 2B .0233).
The Owners of the subject property have not offered sufficient proof of meeting the common
laws criteria for vested rights. Based upon information available from the Apri125, 2007 letter from BRL
Engineering, the expenditures are not substantial. The Owner's reliance on a zoning determination, while
in good faith, is not enough to relieve the Owners from conforming to environmental regulations
promulgated subsequent to the purchase of the lots. Whatever reliance heretofore made by the Owners
was not because of a DWQ issued a water quality protection permit. Development of the subject
property has not proceeded to such a degree that imposition of the Neuse Buffer Rule would be
unreasonable.
Furthermore, the Owners have failed to show that they will suffer any detriment. While they
contend that even a house of "minimum size" can not be built on this lot if the Neuse Buffer Rule is
applied, they have presented no convincing proof that the property could not be used for residential
purposes if whatever house was built thereon were of such "minimum size". It should be noted that the
Owners presumably have made significant profit on other lots in this subdivision and have not shown that
some profitable use cannot be made of Lot 23 in the Carriage Hills Subdivision.
If you would like to submit additional information which addresses the vested rights criteria,
especially on any State water quality permitting, we would be willing to pass the information on to the
Attorney General's Office for review. Please submit any additional information to the DWQ 401 /
Wetlands Unit. Based on this determination, DWQ has decided that the Carriage Hills Subdivision
Lot 23 must comply with the Neuse River Buffer Rules (15A NCAC 2B .0233).
This letter only addresses the applicability of 15A NCAC 2B .0233 and does not authorize any
activity within the protected buffers. Thank you for your attention to this matter and if this office can be
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http:/lh2o.enr.state.nc.us/ncwetlands
No°° hCarolina
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BRL Engineering
Page 2 of 2
January 8, 2008
of any assistance or if you have additional questions, please do not hesitate to contact Amy Chapman at
[phone].
Sincerely,
~~
Cyndi Karoly Supervisor
401 Oversight/Express Review Permitting Unit
cc: Lauren Witherspoon, Raleigh Regional Office
Don Laton, Environmental Division, Department of Justice, P.O. Box 629, Raleigh, NC 27602-0629
File copy
Central Files
File: 071302CarriageHillsSDLot23(Wake)Vested