20090740 Ver 1_Vested Rights Determination_20090825

Beverly Eaves Perdue
Governor

A~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

August 25,2009

DWQ#: 2009-0740
County: Wilson

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Cheryl and Deborah Leonard
4251 Georgetown Drive
Wilson, NC 27896

Re: Vested Rights Determination for Lot 12,4251 Georgetown Drive, Wilson,
North Carolina

Dear Cheryl and Deborah Leonard:

You requested a determination regarding whether you have a vested right to build a home
addition on property located at 4251 Georgetown Drive ("Property") without application of the
Neuse River Buffer Rules ("Rules"). Staff in the Division of Water Quality ("DWQ") have
completed reviewing the materials that you provid~d. The common law criteria for vested rights
have been set out below for your convenience:

(1) Substantial expenditures or contractual obligations incidental to the project
incurred prior to the change in the law;

(2) Expenditures or obligations were incurred in good faith;

(3) Expenditures or obligations were made in reasonable reliance upon governmental
permits or approvals; and,

(4) Detriment as a result ofthe amendment to the law.

Browning-Ferris Industries v. Guilford County Board of Adjustment, 126 N.C. App. 168,484
S.E.2d 411 (1997).

Unfortunately, DWQ has not received sufficient information from you to conclude that
you have a vested right to impact the buffers at the Property. As we discussed in our phone
conversation on August 21, 2009, in order to determine that you hold a vested right to impact the
buffers on the Property without the application of the Rules, DWQ would need additional
information showing substantial expenditures on this home addition prior to 1997, as well as
information on the detriment that would be caused by the inability to build the addition on the
401 OversighUExpress Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 North Carolina
Location 2321 Crabtree Blvd., Raleigh, North Carolina 27604 ~ 1nl-, fJlln"11
Phone [phone] \ FAX [phone] V Vutu" uttb
Internet: http://h2o.enr.state.nc.us/ncwetlands/

An Equal Opportunity \ Affirmative Action Employer

Leonard
Page 2 of2
August 25, 2009

Property. I have not received any information addressing either issue, and therefore must
conclude that the subject Property does not qualify for a vested right.

Individuals that dispute a vested rights determination from a riparian buffer rule by the
DWQ may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.

Please call Amy Chapman at 715-6823 or Brenda Menard at 716-6966 if you have any
questions.

o;7J~ i~:

Cyndi Karoly, Supervisor
401 Oversight/Express Review Permits Unit

cc: Brenda Menard, Attorney General's Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Donald Perry, Herring-Sutton & Associates, 2201 Nash St NW, Wilson, NC 27896
File Copy

Filename: 0907 40Leonard425I GeorgetownDrLot 12(Wilson)NBR _ Vested