20052111 Ver 2_Notice of Withdrawal_20091005

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 5, 2009
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Right Force, Inc
Attn: Mr. Brian DuMont
10014 Chapel Hill Road
Morrisville, NC 27560
Subject Property: 2917 Royster Street, Raleigh, NC
UT to Crabtree Creek [030402, 27-33-(10), C, NSW]
Dear Mr. DuMont:
DWQ Project # 05-2111v2
Wake County
On September 18, 2009, the Division of Water Quality (DWQ) received your minor variance application
dated September 8, 2009, to fill or otherwise impact 160 square feet of Zone 2 protected riparian buffers
to construct the retaining wall to create a grassed backyard for recreation.
By guidance from the Attorney General's Office on the interpretation of the Neuse Buffer Rule, you must
meet the hardships outlined in 15A NCAC 02B .0233(9)(a) in order to qualify for a variance from the
Neuse Buffer Rules. You have not met the hardship described in 15A NCAC 02B .0233(9)(a)(i)(E), in
that you purchased the property after the effective date of the rule. Therefore this office can not process
your application.
Individuals that dispute a permitting 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 be aware that you have no authorization under the Neuse Buffer Rules for this activity and any
work done within the protected riparian buffers that requires a variance or buffer authorization would be a
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
,aturallrf
An Equal Opportunity 1 Affirmative Action Employer
Right Force, Inc
Page 2 of 2
October 5, 2009
violation of North Carolina General Statutes and Administrative Code. Please call Ms. Cyndi Karoly or
Ms. Amy Chapman at 919-733-1786 if you have any questions or concerns.
Sincerely,
C- U
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Scott Mitchell, Mitchell Environmental PA, PO Box 341, Fuquay-Varina, NC 27526
Filename: 052111 v2(Wake)NBR_UnpermittableApplication