20071184 Ver 1_Vested Rights Determination_20080828

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
August 28, 2008
Timothy P. Sullivan
Poyner & Spruill, LLP
3600 Glenwood Ave
Raleigh, NC 27612
Subject Property
Dear Mr. Sullivan,
DWQ Project #07-1184V 1
Wake County
Regency Park Estates, 105 Symphony Court (Lot 9), Cary, Wake County
This letter is to inform you that the Division of Water Quality (DWQ) has completed its review of your
request for a vested right determination for the subject property from the Neuse River Buffer rules (15A NCAC 2B
.0233). The plat for Phase 1 of Regency Park Estates (which includes 105 Symphony Court, Lot 9), was recorded
in 1989, which is prior to the effective date of the Neuse Buffer Rules (July 22, 1997). Also, on October 25, 1989,
the Department of Environment, Health and Natural Resources (DEHNR) issued a Wastewater Collection Permit
(No. WQ0002432) to the Town of Cary. This Wastewater Collection Permit was to serve the Regency Park Estates,
which includes 105 Symphony Court. Although the Pieper's purchased the property on or about June 10, 2002, their
information indicates that they paid the fair market value for a residential lot and acted in good faith to acquire a
buildable residential lot as previously platted and approved.
The vested rights requirements have been met by the Piepers and the requirements of the Neuse River
Buffer Rules (15A NCAC 2B.0233) are hereby waived for Mr. Chris Pieper.
This letter only addresses the applicability of 15A NCAC 2B .0233 to the subject property and is not an
opinion as to whether or not the current proposal is within the conditions of any existing 404 Certification issued by
the U.S. Army Corps of Engineers or a 401 Certification issued by DWQ. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Thank you for your attention to this matter and if this office can be of any assistance or if you have
additional questions, please do not hesitate to contact Amy Chapman at [phone].
Sincerely,
Cyndi Karoly Supervisor
J401 Oversight/Express Review Permitting Unit
cc: Lauren Witherspoon, Raleigh Regional Office
Chris Pieper, 107 Symphony Court, Cary, NC 27518
File copy
Central Files
File Name: 071184ChrisPieperl05SymphonyCt(Wake)Vested
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] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
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