20061360 Ver 2_Minor Variance_20061228

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OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form -for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
/ Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 026
.0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)
o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient)
1. Applicant's name (the corporation, individual, etc. who owns the property): Ross W. Lanier
rave L._ Lar~P,Jahn Graves Vann. Jr.: and Ruth L. Vann
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name` Ross VV. Lame _~_, _
Title: Manager__._._.___i___«___.____..__-.__~__~_~.~._ ~ _
Street address: ~235_Market Street~______ _
City, State, Zip: Smithfield. NC 27_,_57_7_ _
Telephone: ~91~34-61 ~5
Fax: (J 11 ~ X34=1552 ______----____.__.-_ ______-_~_.___T__~_ __
3. Contact person who can answer questions about the proposed project:
Name: _Sa_me as 2. Above _
Telephone: (_____)_~_- ~~ .____ ~~
Fax: ~ )~ _
Email:
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
__~ duffer Variance -Lots 17_& 18 in_Carriac~e, Niils S_bdivision _ _ ____ _
Version 2: November 2002

5. Project Location
Street address: 3608 Carriage Drive
City, State, Zip: Raleigh. NC _
County: Wake
Latitude/longitude: ~ N 35 49 57.2G (Lat _ W 7 8 42 8.10 (Long) (See USGS Quad Map)
6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS
topographic map indicating the location of the site):
Traveling North on US 70 Glenwood Av.) at the intersection with SR 3009 (Edwards Mill
Road). lust past Crabtree Mall. turn left onto SR 3009 (Edwards Mill Road). Then approx.
1.4 mi. turn right onto Carriage Drive. Then approx. 0.15 mi. to sham left turn in street.
Then at bottom of hill on the right are Lots 17 & 18.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): "UT" to
Crabtree Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: Class C, NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
_ NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
_ Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ftz.]: Proposed Residential Homesites.~See Attached Storrnwater
Management Plan). Plan shows a maximum impact /worst-case scenario for building
_footprints. impervious areas. and design for stormwater devices.
_TOTAL IMPACT TO ZONE 2 OF BUFFER = 2450 Sq.Ft. (Lots 17 & 18 Combined]
(Revised Due to New Survev Data. Change in Zoning Setbacks. & Shift in Proaerty Line)
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Unless Encroachment to Zone 2 is allowed.. lot widths on both Lots 17 & 18 are not
practical for typical home sizes after City setbacks are applied. This makes the lots
virtually undevelopable. See Also Question # 4 Below.
Variance Request Form, page 2
Version 2: November 2000

3. Description of any best management practices to be used, to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
Grass Swales for initial treatment and to direct runoff back outside of Zone 2; then runoff
enters Level Spreaders and is made diffuse~rior to the entire 50' Buffer (outside of Zones
1 and 2}. See stormwater Manayemer7t Plan and the detailed notes on the plan relating_
to the engineered designs. ~~~__._._..___~ ____ ___._~-
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. As described in Question #2 above the Lots would be virtually un-developable if
~~--.
__all built-u on areas were restricted beyond Zane 2 of_the Buffer. This would drastically
~de-value, if not completely condemn the pro erty fram.the time the Owner original__I~___
,.obtained it (prior to the adaption_af the Neuse Buffer Rules_}. ~ _______,___ _~
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The Lots are part of a subdivision that was developed and retarded riar to
__ adoption of the Neuse RiverRiparian Buffer Rules_Therefore. the lots uvere not designed
to account far Rioarian Buffers. It was only by the enactment of the Buffier Rules that
caused the stated hardship.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
The lots in the neighborhood are selling for 80,000 each. These two lots are potentially
worthless no_ly due to the 1997 adoption of the Neuse Buffer Rules. If_Zone 2 is waivered
the lots can oossibly be sold for X65.000 because the buildable width will be more narrow
than a standard lot.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Brian R. Leanard~BRL Engineerir~
Mailing address: ~___~___..__ 704-B East Stanley Street _
City, State, Zip: ~Faur Oaks. NC 27,524 ~_
Telephone: __~, 919 963-2608 ____
Fax: [phone] _
Email: __ _~ brlengineeringa~earthiink.net __~____
Variance Request Form, page 3
Version 2: November 2000

Part 5: Applicant's Certification
I, Ross `,~f. Lampe (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in nce with Part 5 this form will be recorded with all required permit
conditions.
Signature:
Date: ~S Zeta _ _ _ _ _
Title: _~~_ ~%'~.~c~ _` __~ .______i ___---____.-_..~ __
Variance Request Form, page 4
Version 2: November 2000