20040818 Ver 1_Complete File_20050823

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20040818
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Rowland Scott Lomer
6706 Hummingbird Point
Oriental, NC 28571.
Subject Property: Lot 19, Horton's Landing Subdivision, Raccoon Run
NOTICE OF WITHDRAWL
Dear Mr. Lomer:
r
On May 19, 2404, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on June 21, 2004 discussing concerns that we have
regarding the design of the project and stating that it would be placed on hold for three weeks giving
you time to address DWQ's concerns. As of today, DWQ has not received a response to this request.
Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier
concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our June 21, 2004 letter for the missing information), you will need to reapply
for DWQ approval. This includes submitting a complete application package with the appropriate
fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within
Statutes and Administrative Code.
questions or concerns.
f
waters of the state would be a violation of North Carolina General
Please call Mr. Ian McMillan at 919-715-4631 if you have any
Supervisor
Express Re few Permitting Unit
cc: Wilmington DWQ Regional Office
Wilmington Corps of Engineers
Central Files
File Copy
I .
Filename: S:\2005 Confespondence\04-0818 Rowland Scott Lomer (Pamlico) Withdrawal.doc
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Carolina
JVatmnally
401' Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hhtWJ/h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affumative Action Employer - 50% Recycled/10% Post Consumer Paper
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 21, 2004
DWQ Project # 04-0818
Pamlico County
Page 1 of 2
Rowland Scott Lomer
6706 Hummingbird Point
Oriental, NC 28571
[phone]
Subject Property: Lot 19, Horton's Landing S/D, Raccoon Run, Oriental, NC
"Hog Pen Gut" / UT to Greens Creek (Oriental Restricted Area)
[03-04-10, 27-129-(2), SC HQW (high quality) NSW (nutrient sensitive)]
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Lomer:
On May 19, 2004, the Division of Water Quality (DWQ) Wetlands/401 Unit received your letter
and maps dated May 4, 2004. The DWQ has determined that your project is eligible for the use
of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for
residential structures on existing lots within the coastal counties as ;defined by the Coastal Area
Management Act, Approved 51912001. However, the DWQ needs additional information in order
to complete the approval process of your variance. Therefore, unless additional information is
provided as described below, we will have to move toward denial of your request per 15A
NCAC 2B .0233(9) and will place this project on hold as incomplete until we receive this
additional information. Specifically:
R
Additional Information Requested:
o Please complete the attached variance request form and provide the original and two (2)
copies to this office for our review and approval. Please be 'sure to complete Part 2 of the
form and include the area of impact in square feet (ft) to both Zone 1 (30 feet closest to
the LAMA line) and Zone 2 (outer 20 feet) of the protected riparian buffer. Please note
that if impacts to Zone 1 of the protected buffer can be avoided, then no buffer mitigation
will be required. As such, we strongly recommend that all impacts be kept to Zone 2
only.! It would be helpful in our review if you could overlay the footprint of your
proposed impacts (house, driveway, etc.) and the location of both Zone 1 and 2 of the
protected buffers on your lot survey.
You Mated in your letter that you "have no immediate plans to build on the lot".
App r oval to use the Coastal General Variance is only required prior to impacting the
protected buffer. You may decide to wait to provide this information until you have a
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Rowland Scott Lomer
Page 2 of 2 -
June 21, 2004
better understanding of the location and size of the house and driveway to avoid the need
to revise your plans in the future. However, please be aware that the Coastal General
Variance is scheduled to expire on April 11, 2006, unless it is renewed before that time
by the N. C. Environmental Management Commission.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and Tom Steffens of the DWQ Washington Regional Office at (252) 946-
6481. If we do not hear from you in three weeks, we will assume that you no longer want to
pursue this project (at this time) and we will consider the project as withdrawn. Please call Mr.
Bob Zarzecki of this office at [phone] if you have any questions.
Sincerely,
Klimek, P.E.
ect r, DWQ
AWK/JRD/bz
Enclosures: Coastal General Variance
Certificate of Completion
cc: Tom Steffens, DWQ Washington Regional Office
Stephen Lane, DCM Morehead City District Office
File copy
Central Files
Filename: 040818
June 21, 2004
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RECEIVE'., WE tANOS/401 GROUP
(4AOL% MAY - 5 2004 MAY I 9 2004
DWQ WARO "AT6h QUALITY SECTION
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Wastewater System:Conventional Pip
Lana Term Acceptance Rate(OP0150
Trench Width:3 FT
Trench Spacing (00):8 FT
Trench Bottom From NOL:-12 IN
Septic Tank Volume: 1000 GAL`
THIS PROPERTY IS IN AN A-$
FLOODZONE (ELEVATION 8')
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'WPROVEMENT PERMIT
VALID INDEFINITELY
IVY.
HOG PEN GUT
MAY - 5 2004
DWQ-WARD
:,NORTON'S LANDING SID
LOT # 19 - 1.80 ACRES
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Date 3/2/2000
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J?1PROVEMENT PERMIT
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ownerAaanesr•:P.o. BOX 218
Owner Addre"(2):BAYBORO, NC 28515 VALID INDEFINITELY
Owner Phone #:[phone]
Property Addnma:NORTON S LANDING SID - LOT* 19 r` I 'IV" E 1E.)
Property Addresa(2):RACC N RUN - ORIENTAL
PIN:I092-7-19
Record 043083 HOG PEN GUT
Establishment Type: HOME ,3 ?'f'r(lrs MAY - 5 2004
Type Flow (GPC)):360
.,NORTON'S LANDING SID
off s '•`';?lT w' LOT # 19 - 1.80 ACRES
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Wastewater System:Qo entional Pipe
Long Term Aoceptanae Rate(GPOISQFT):0.5 kea r Y
Trench Width:3 FT
Trench Spacing (0C):8 FT' .
Trench BWom From NOU-12 IN • \? WETLANDS
Septic Tank Volume: 1040 GAL ?1?
• .. ?'l?, INS
THIS PROPERTY IS IN AN''A 5 - ,
FLOODZONE (ELEVATION S') . '
70.00 feet
`' t•. 1:940
RACCOON
RUN
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A en WILLARD WALTER COLE III, RS

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"WLED BY
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AITORKYS AT LAW
PAYBOR" NC
4353 -0307
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BILRD
PANLIC0 COUNTY P:
04/10/2000 3&38 PM 1.:
NORTH CAROLINA JOYCE E CAA WkN
eds
Of D
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Register
PAML CO COUNTY
?
THIS DEED, made and entered into this 28th day of ?t..
March, 2000, by and between BERNARD B. HOLLOWELL,'JR. and wife, t,
JANEIZ. HOLLOWELL, hereinafter called "grantors", and ROLAND S. j
c:
LOMER and wife, MARIETTA A. LOMER, 5675 SUSSEX DR, TROY, MI 48098 `
hereinafter called "grantees"; '.

.WIT iP$AATfl:
That grantors, for and in consideration of the sum of
ten,dollars and other good and valuable considerations to them in
paid, the receipt of which is hereby acknowledg®d, have
hand ?.
'
bargained and sold, and by these presents do bargain, sell and .:
convay.to the said Roland S. Lomer and wife, Marietta A. Lomer
and their heirs and assigns, a certain lot or parcel of land in i_
Number Five (5) Township, Pamlico County, North Carolina,
particularly described as follows:
i '.
Lot Number Nineteen (19) of Horton's Landing as shown
on that map prepared by A. Hugh Harris, Jr., PE-RLS,
' i
s
;dated March 23, 1990, entitled "A Plan of Horton =
;banding - Section Dour", recorded in Plat Cabinet A,
!Slide 54-10, Pamlico County Registry. 4
Said lot is also shown on a survey and'map prepared by
Mark R. Lee, Professional Land Surveyor, dated March
26, 2000, entitled "A SURVEY FOR ROLAND S. LOMER AND
WIFE MARIETTA A. LOMER", copy of which is attached
:hereto.and is incorporated herein by reference.
t
,Said lot io eubgect to the Restrictive Covenant¦ for .
' Horton's Landing, Section Four, recorded in Book 268 at
'page 745, Pamlico County Registry, and to the
?Subdiviaion and Pier Disclosure Statement for Horton's
Landing, Section Four, recorded in Book 268 at page
751, Pamlico County Registry.

TO HAVE AND TO HOLD the aforesaid lot or parcel of
land,l together with all privileges and appurtenances thereunto
belonging, to the said Roland S. Lomer and wife, Marietta A.
Lomer,and their heirs and assigns, in fee simple forever.
And grantors, for themselves, their executors and ;
administrators, covenant with grantees and their heirs and
assigns, that they are seized of said premises in fee; that they
havea perfect right to convey the same in fee simple; that the
same are free and clear of all encumbrances whatsoever; and that
they will warrant and defend the title to the same against the
lawfu`1 claims of all persons whomsoever.
IN TESTIMONY WHEREOF, grantors have hereunto set their
handaf,and adopted as their seals the typewritten word "SEAL"
appearing beside each name, the day and year first above written.
0353 '0307
FILED
PANLICO COUNTY
04/10/2000 3130 fM
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"ABED BY
k".," HOUDWHI.
ATIOWLY5 Al' LAW
DAYB=. NC
NORTH CAROLINA JOYCE E C&MWAN
PAMLICO COUNTY Register Of Dads
THIS DEED, made and entered into this 28th day of
March, 2000, by and between BERNARD B. HOLLOWELL,,JR. and wife,
JANE Z. HOLLOWBLL, hereinafter called "grantors", and ROLAND S.
LOME III and wife, MARIETTA A. LOMER, 5675 SUSSEX DR, TROY, MI 48098
hereinafter called "grantees";
31. T. 11AAAAIH=
That grantors, for and in consideration of the sum of
ten dollars and other good and valuable considerations to them in
hand paid, the receipt of which is hereby acknowledged, have
bargained and sold, and by these presents do bargain, sell and
convey.to the said Roland S. Lomer and wife, Marietta A. Lamer
and their heirs and assigns, a certain lot or parcel of land in
Number Five (5) Township, Pamlico County, North Carolina,
particularly described as follows:
is
iLot Number Nineteen (19) of Horton's Landing as abown
on that map prepared by A. Hugh Harris, Jr., PE-RI1S,
dated March 23, 1990, entitled "A Plan of Horton's
Landing - Section Four", recorded in Plat Cabinet A,
,Slide 54-10, Pamlico County Registry.
,Said lot is also shown on a survey and'map prepared by
Mark R. Lee, Professional Land Surveyor, dated March
26, 2000, entitled "A SURVEY FOR ROLAND S. LOMER AND
WIFS MARIETTA A. LOMER", copy of which is attached
jhereto.and is incorporated herein by reference.
Said lot is subject to the Restrictive Covenants for
Horton's Landing, Section Four, recorded in Book 268 at
page 745, Pamlico County Registry, and to the
Subdivision and Pier Disclosure Statement for Horton's
'Landing, Section Four, recorded in Book 268 at page
751, Pamlico County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of
land;'together with all privileges and appurtenances thereunto
belol}ping, to the said Roland S. Lomer and wife, Marietta A.
Lome and their heirs and assigns, in fee simple forever.
And grantors, for themselves, their executors and
administrators, covenant with grantees and their heirs and
assigns, that they are seized of said premises in fee; that they
have a perfect right to convey the same in fee simple; that the
same Fare free and clear of all encumbrances whatsoever; and that
they will warrant and defend the title to the same against the
lawfu claims of all persons whomsoever.
IN TESTIMONY WHEREOF, grantors have hereunto set their
hands'Iand adopted as their seals the typewritten word "SEAL"
appealing beside each name, the day and year first above written.
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0353 0308 • `rf,t?.?
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i IN Bargatd D. Hul'1 11,/di.
(SEAL)
3 ne Z. o owell
NORTH CAROLINA
PAMLICO COUNTY
1, Teresa Faye Lane , a Notary Public in
and for said county and state, do hereby certify that BERNARD 8. I
HOLLOWELL, JR. and wife, JANE S. HOLLOWELL, each personally
appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and notarial Beal/etaa this the 10th
day of April , 2000. ?,.•`Q?`` ? ??t;i••.,
s %16-?+o+?• Ci.
MY cousn?ission expires: June 4, 2003 ?•..,••?•..••'••'?,.e?
C 0
NORTH CAROLINA
I.
PAMLICO COUNTY
I
The foregoing certificate of TERESA FAYE LANE , a
Notary Public in and for said county and state, is certified to
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correct.
Register of Deeds
By$.%
Asst. Register o Deeds
NO MR 11) BY
L'i; mlll & RNICw111
?11,A%i IS V IAW
IN11?"IV. M
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Book loge
0353 0308
NORTH CAROLINA
PAMLICO COUNTY
i/ 8erryacd?8. Hull 11 ,?•1t .
_(SEAL)
J ne 2Dwell
I, Teresa Faye Lane , a Notary Public in
and for said county and state, do hereby certify; that BERNARD E.
HOLLOWELL, JR. and wife, JANE Z. HOLLOWELL, each personally
appeared before me this day and acknowledged the:due execution of
the foregoing instrument.
Witness my hand and notarial meal/stamp, this the 10th
day of April , 2000. .•`••N•?
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counission expires: Tuns 9, 2003

NORTH CAROLINA
PAMLICO COUNTY
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Coo;
The foregoing certificate of TERESA FAYE LANE , a
>tary Public in and for said county and state, is certified to
s correct.
• ejaea..
Register of Deeds
By s A&-z
Asst. Register o Deeds
;nur1 Ri t) At
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0353 039

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tale of Nprth Carolina
unty of Pamlica
fitter of
amii-o Co?Inly certify that th©
fs Cr A?at to which
'
ettif
cationlis affixed meets all
Y require for recording. !
eview orf?
4.10-?twti 1.74 ACRES
Aroa
EIP W0194'4S'9' 69.63
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ca . s:- LH ICE SEE
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EIP
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7WS LRVfr IS Or AN EXISTIfJ, NP.-EL
41-0 DOES NOT CREATE A NEW STH
ET So.9r
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P -I ?4GC fN EXISTING 0!4E
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2- IS ?JAV? r;OT
BEEN
D .f mil, 'JE' r± GJfi }TJ•17tJ e TICS SURVEY

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G ?:> SURVEY ..nttrr e
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3 L:!" S f-x'END To THE CENTS ?3 Et;SSQ
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LOT 19 'NORTON'S LANDING'
•? TOWNSHIP ar, nAI.ORIENTAL.___
look Pag*
0353 0309
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10 i
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itate of Borth Carollm
:ounty of Pamlico
z
Review Officer of
"n'a G only, certify that the
aP cr plat to Which
ertifiCation, is affix0a meets all
ry requirei for recording. 4--so -two
eview Of 1.74 ACRES
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FR? "EFEI49NGE SEE
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3 Z
74' a?'10 GL PRECISION WAS
CA;_',_ATEDI AT 1:1 .400+
FIP -. EXISTING IRON PIPS:
Pv P.RANCl, At10 TO THE lD;E PEN COT. Ax PEN
TN'S >uRVEYi 15 OF AN EX.WitsG PARCEL
All,') 40-S NOT CREAIE A NEW STP_ET
OP :!--%GE V EXISTING ONE.
r' ?+?I•'? A'C?TS NOT 8F-FN
GE.,?11%E) ?a COri;•IOEAEO BY Tits SURVEY.
W
ET--. 1.KES HAVE NOT BEEN DETERMINED
S' 7'i:S SURVEY.
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N0114y51w 69.63'
R=175.00• L•69.69•
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AND WIFE
MARIETTA As LOMER
LOT 19 NORTON' S LArvDuVG''
noIC