20030625 Ver 1_COMPLETE FILE_20070831

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
May 27, 2003
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Fair Oaks Estates
Attn: Mr. Louis O'Conner, Jr.
5404 NE 121St Ave., Unit #22
Vancouver, WA 98682-6259
Subject Property: Lot 6, North Hills Subdivision, 1101 Currituck Drive, Raleigh, NC
UT to Crabtree Creek [03-04-02, 27-33-(10), C NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. O'Conner:
DWQ # 03-0625
Wake County
Page 1 of 2
On May 5, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your letter dated May 1, 2003
requesting information on how the Neuse Buffer Rules (15A NCAC 2B .0233) would affect building a house on the subject
property. The DWQ has determined that the subject property is eligible to request a variance from the Rule as provided
for under 15A NCAC 02B.0233(9). The DWQ is required to prepare a "preliminary finding" P'finding of fact" as to whether
the variance request meets. the requirements of 15A NCAC 02B.0233(9)(a). The DWQ may attach conditions to a
variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Conditions usually
include stormwater management and buffer mitigation.
Additional information will be required before we can proceed with the review of your variance request if you choose to
pursue this option. Therefore, unless additional information is provided as described below, we will place this project on
hold as incomplete until we receive this additional information.
Additional Information Requested (if you choose to pursue the variance option):
1. Variance Application Form
It appears that a house could be constructed on the property with only impacts to Zone 2 of the protected buffer. If
this is possible, then the activity could potentially be approved under a Minor Variance. Minor variances are approved
by DWQ staff and do not require approval by the N.C. Environmental Management Commission (EMC). If impacts
are proposed to Zone 1, then the activity would most likely require a Major Variance. Major variances require
approval by the EMC. Attached is a copy of the application form for minor variances. If you choose to pursue the
minor variance option, then please fill out the attached application, include the additional information listed below and
submit the original and two copies to this office for review. If you choose to pursue the major variance option, then
please contact this office and we'll provide you with the necessary information to submit your request.
Site Plans
If you decide to proceed with either the Minor or Major Variance, then you will need to provide detailed site
development plans depicting the location of Zone 1 and 2 of the protected buffers and the area of impact to the
buffers in square feet.
North Carolina 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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Fair Oaks Estates q 0 'I-
626
5404 NE 121St Ave.
i Vancouver, WA 98682-6259
Phone: [phone], Fax: [phone]
May 1, 2003
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Mr. John Dorney
NC Department of Environment and Natural Resources
2321 Crabtree Blvd.
Raleigh, NC 27604
Ref: 1101 Currituck Dr., Raleigh, NC
Dear Mr. Dorney,
ft,?R U3
AIRYSECTIo
I want to thank you for the time you have spent in helping me resolve the problems regarding my property.
It has been a long road, with many bumps along the way.
First, let me identify the property as located in the North Hills Sub-Division, LT 6 BLK 5 HLS SUB SEC
12. Tax Data: Map 407, Parcel 159; R-4; T.V. Dimensions: 124.5 x 153.9 x 108.3 x157.4.
The map attached, shows the out line of a proposed building on the lot. I am asking whether a house could
be built at that site with the restrictions that the Riparian Buffers have placed upon it. I realize that the city
of Raleigh would have to approve a building plan, the set backs and even whether a house could be so
situated on the lot. Because of the creek's location, the house is in an unusual location and is not like the
other houses in the area, nor is it where I would choose to place it, if the creek were in another place. It is,
however, the only location that seems remotely possible.
I would be most grateful if you would review my request and give me your best judgment as to whether a
house could be built on this property within the restrictions.
I am attaching several maps and drawing that might assist you in meeting my request. They are all copies
so you don't need to return them. If there are any questions, I will be most happy to try to answer them.
Most sincerely,
,e G -ay--v
Louis O'Conner, Jr.
Attachments: Map of lot and placement of a house:
1. Letter from Veronica L. High, Stormwater Services Engineer (3-14-2003)
2. Flood study for 1101 Currituck Drive (1994)
3. An appraisal ( April 5, 1985)
1
D R A F T
Date:
Mr. Louis O'Conner, Jr.
Fair Oaks Mobile Home Park
5404 NE 121" Ave., Unit #22
Vancouver, WA 98682
Dear Mr. O' Conner,
I received your letter in which you asked if a house could be built on the property located at 1101 Currituck,
Raleigh, NC. I have reviewed the information sent using your plotting of the house on the property and
taking into consideration the restrictions of the Neuse Buffer Rules which require that riparian buffer areas
be protected. The Rules a 50-foot wide riparian buffer on each side of and adjacent to surface waters in the
Neuse River Basin even with some variances would not allow room to build a house. A variance In Zone
2 would be possible but Zone 1 would be much harder to justify.
While I can not give you an absolute answer, it would appear that a variance to allow you to build a house
as you have suggested does not appear possible.
(These are. just suggestions. You can probably do better.)

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Louis O'Conner Property
1101 Currituck Drive
Raleigh North Carolina
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March 14, 2003
Mr. Louis O'Conner, Jr.
5404 NE 121St Avenue
Unit 22
Vancouver, Washington 98682-6259
Re: Property located at 1101 Currituck Drive, Raleigh, North Carolina
Dear Mr. O'Conner:
When we spoke about a week ago, you asked if I had any information regarding the
building restrictions that may be imposed on your property located at 1101 Currituck
Drive Raleigh, North Carolina. I have had an opportunity to gather some information on
your request. I decided to mail this information to you so that you had better copies.
Your property is located in Raleigh Zoning area Residential-4 (R-4). The Raleigh City
Code has guidelines on allowable uses and setback requirements. I have enclosed a copy
of this information.
The aforementioned parcel has a creek that runs through it. That stream has associated
Riparian Buffers around it. I have attached a map that shows the two buffer zones along
the creek, Zones 1 and 2. The Riparian Buffers are regulated by the State of North
Carolina, Division of Water Quality. I have attached a copy of the rules governing the
riparian buffers and allowable uses. Please note on pages 16 and 17 I have highlighted an
option that you may want to pursue. I think it best that you formally submit a request to
the State and get a determination in writing from them on possibly being considered
exempt form the Riparian Buffer Rules. An application for a major variances from the
State is located at http://l12o.enr.state.nc.us/ncwetlands/download.htmi .
It probably is best to get a ruling from the State on this matter. You most likely will have
to show your building setbacks and buffer zones all on a plat to demonstrate your
hardship. It is best to consult with a professional engineer or surveyor and have this
information shown on a plat.
OFFICES m 222 WEST HARGETT STREET m POST" OFFICE BOX. 590 • RALEIGH. NORTH CAROLINA 27602
Recycled Paper

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I hope you find this information helpful. If you have any further questions, please feel
free giving me a call at [phone].
Sincerely,
Veronica L. High, El
Stormwater Services Engineer
Enclosure
Cc: File (3)
.0 1
ity Of
.9llorth
FACSIMILE TRANSMISSION COVER SHEET
Date: July 20, 2001
To: Louis ('Conner
Fax # [phone]
From: Central En 'peen Department
Fax #[phone]
Message:
gjaleigh
earohna
Time: 4:06 PM
Attention
Total # of Pages: 3
Including Cover Page
Marty D.13iuell, CPESC
Stornawater Services Engineer
Department Telepitone # [phone]
Please find faxed copies of plans for the project area impacting your property at 1101 Curzituck Drive in
Raleigh, N.C. I am instructing our const1tant for the project (WK Dickson) to forward the easement
documents directly to you for'signature.
Please feel free to contact me Qa (919) 890-38X8 should you have any huther questions or conc .erns.
Sincerely,
r ? r
tMarty L? irzell
OFFICES 0 222 WEST HARGET' 3T REET • POST OFFI= BOX $90 ¦ RALEIGH, NORTH CAROURA 27602

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LOT 6, NORTH HILLS, SEC. 1Z REF: B.M. 1962, P. 215 .
RALEIGH, WAKE CO., N.C.
PROPERTY OF LOUIS O'CONNIM & BARBARA 0. O'CONNER
N/F CITY OF RALEIGH R?
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s 43791 24" E tt7et' EMH N 4GUelr W lour EMH
PROPI RTY CORNER FAILS iX SAN. 5EIh" LINE PROPERTY CORNER FALLS
S 484 Urn 431 W. 0.66
FROM CENTER CIF JEMN EX 20SAN. SEWER ESMTT N 64d OOm 15e w, aW
{PER REF. B.M.) FROM CENTER OF EMH
N a AREA = 18,097 Q_ FT.
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ROBERT W. KEEFE, RLS, P.A.
P.O. BOX 444
101 w. Main St., Ste. 202
GARNER, N.G. 27529
TEL: [phone]

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Mr. Louis O'Connor, Jr.
April 5, 1985
2704 Pidgeon Hill Rd.
Raleigh, N. C. 27612
Appraisal: Lot 6, Block 5, North Hills Sub.,
Section 12, Raleigh, N. C. 27609
. . . . . . . . . . . . . . . . . . . . . $60.00
Michael R. Ogburn
Real Estate Appraiser

(L 76- - 7F19, 9
1. .
April 5, 1985
2704 Pidgeon Hill Rd.
Raleigh, N. C. 27612
Mr. Louis O'Connor, Jr.
Re: Lot 6, Block 5, North Hills Sub., Section 12
Raleigh, N. C. 27609
Tax Data: Map 407, Parcel 159; R-4; T.V. $11,600.
Dimensions: 124.5 X 153.9 X 108.3 X 157.4
Visual inspection showed that approximately 2/3 of site would be
usable due to creek bed. Site is not in flood plan. R-4 zoning
requires a 30' front set back and 10' side set back.
Some recent site sales are:
(1) Lot 53 Hillock Drive: Dimensions 100X160X136X182. R-4
not as usable and neighborhood not as desirable. $14,000.
(2) Lot 39 Oak' Park Road: Dimensions 89X151X111X131. R-4
Similar neighborhood, corner lot. Should be very compati-
ble to subject. $22,000.
i3) Lot 627 Sutterton Court: Dimensions unknown. R-4
Superior neighborhood, corner lot. $26,900. Improved
with new structure, total sales price of $129,900.
It is typical for sites to be approximately 20% of total valua-
tion. It is probable that new dwelling should be in approximately
the same price range as adjacent properties would be, or $90,000.
- $115,000. This would indicate value of $21,000. - $23,000. I
would price at upper end.
Mic ael R. Ogburn
Real Estate Appraiser