20110345 Ver 1_Notice of Withdrawal_20110523

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NCDETdR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 23, 2011
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 6817
Stephen P Demianczyk
24 Quaker Meetinghouse Rd.
Forestdale MA 02644
Subject Property: Lot 18, Bay Shores Rd
Moore Creek [NEU13 27-150-12SC, HQW, NSW]
Dear Mr. Demianczyk:
DWQ Project # 11-0345
Pamlico County
On April 15, 2011, the Division of Water Quality (DWQ) received your General Major Variance
application dated April 8, 2011 for impacts to protected Neuse River riparian buffers on the subject
property.
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 River Buffer Rules. You have not met the hardship described in 15A NCAC 02B. 33(9)(a)(i)(E),
in that you purchased the property after the effective date of the Rule (July 22, 1997). Therefore this
office cannot process your application.
You can contest this decision as provided in Articles 3 and 4 of G.S. 150B. To contest the DWQ's
decision you must file a petition for an administrative hearing. You may obtain the petition form from the
office of Administrative hearings. You must file the petition with the office of Administrative Hearings
within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the
office of Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state
holidays. The original. and one (1) copy of the petition must be filed with the Office of Administrative
Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
North Carolina Division of Water Quality Internet: wwrw.ncwaterauality.oro
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAfrirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
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Page 2 of 2
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please be advised, DWQ is pursuing new Consolidated Buffer Rules. DWQ is working on incorporating
new and different options in the Consolidated Buffer Rules to allow for more flexibility for lots platted
prior to the buffer rules. DWQ will conduct public hearings throughout the state during 2011 and
anticipates the rules will become effective in 2012. These Rules, if adopted, may provide options not
currently available to you under NCAC 2B .0233, Neuse River Buffer Rules.
In addition, you are eligible to apply for a Major Variance with the EMC. To apply for a major variance
to the EMC, please contact Amy Chapman at 919-807-6400. A major variance application form has been
enclosed for you.
Please be aware that you have no variance or authorization under the Neuse Buffer Rules for this activity
and any work done within waters or buffer of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please be advised, these violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation.Please call Amy
Adams at 252-948-3917 or Amy Chapman at 919-807-6400 if you have any questions or concerns.
Sincerely,
~~ VI.C~~1'V1~~
~~ Al Hodge, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
Washington Regional Office
Enclosures: General Major Variance FAQ Sheet
Warranty Deed Lot 17 & 18 Bay Shores Rd.
Major Variance Application Form
cc: Amy Chapman, WBSCP Unit Archdale Office
WaRO File Copy
DCM, Roy Brownlow, Acting District Manager, Morehead City Office
Filename: (11-0345) GMV_Returned_Application.doc
North Carolina Division of Water Quality Internet: www.ncwatergualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffinnative Action Employer- 50% Recycledll0% Post Consumer Paper
NonrthCazolina
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1150.00
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Prepared by/Return to: Sara 1,. Delamar, Delamar &Delamar, PLLC, Attorneys at Law,
P.O. Box 4 ] 1, Bayboro, N.C. 28515 ~S.o~~
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N.C. Excise Tax - $150.00
NORTH CAROLINA
GENERAL WARRANTY DEED
PAMLICO COUNTY
This deed, made and entered into this~g„~day Q~' UFO by and y`
between Hamilton D. Moore, Jr., hereinafter referred to as "Grant. "• aid`
Demianczyk and wife, Tawnya Demianczyk, hereinafter referred a e". Grantor's
mailing address is P.O. Box 895, Kresgeville, PA 18333. Gra s ng address is
24 Quarter Meetine House Road, Forestdale, MA 02644. .
WITNESSETH
That said Grantor, for and in consi
receipt of which is hereby acknowledged,
fee simple all that certain tract or parcel o
Pamlico County, North Carolina, and n~
Bei~~ Af Lota 17 Aad IS, of
same duly recorded in Ylat C i
Registry, and incorporatea'l~e '
This conveyance is
Estates duly recorc
amendment th ret~
Page 462; and
by~l'e(
FILED h PAtLICO County, NC
on Jun 11 2010 N 11:32:25 AM
by: SIrE h. WiITFORO
REGISTER OF DEEDS
BOOK 544 PAGE 463
of v)e cconsideration paid to Grantor, the
arg ,sell and convey unto the Grantee in
g and being in Number Two (2) Township,
v described as follows:
e~; as shown and designated on a map of
9-6 as revised 6-22-84, Pamlico County
o the restrictive and protective covenants for Bay Shores
ok 2 7 at Page 215, Pamlico County Registry, and the
~l in Book 232 at Page 469; Book 255 at Page 481; Book 264 at
Page 821, Pamlico County Registry.
¢~~ l7'»~lt rMa eh0•wd ot-that w~,eo, "SURVEY FOR HAItiILTON ~}
MOa, J~."-by 1~ >C. Css;~rofessional Land Surveyor, dated January 17,
2004, which survey map is attached to the deed recorded in Book 421 at Page 340, Pamlico
County Registry and incorporated herein by reference.
Book 544, Paae 463. File Number

(Pago 2 of 2(
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The property described above was acquired by Grantor by instrument recorded in Book
421, Page 340, Pamlico County Registry.
To have and hold the aforesaid tract or parcel of land and al] privileges thereunto
belonging in fee simple forever.
And Grantor covenants with Grantee that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is mazketable and free and clear of al]
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever, except for the exceptions hereinafter stated.
Title to the property described above is subject to ad valorem taxes for the current year
and utility easements and restrictive covenants of record, if any.
The designation Grantor and Grantee as used herein shall include the parties hereto, their
heirs, successors, assigns and legal and/or personal representatives.
In Testimony Whereof, said Grantor has hereunto set his hand and seal, the day and yeaz
first written above.
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he
ne
Book 54d, Paae 463. File Number
Appear In Above Box
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