20061360 Ver 1_Minor Variance_20061019

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources ~ ~c -" ~J ~o b
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 02B
.0233)
^ Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)
^ Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
° ~D
Part 1: General Information
(Please include attachments if the room provided is insufficient.) 0 C T 1 9 2006
1. Applicant's name (the corporation, individual, etc. who owns the property): _E~~uAi.iTY
TER BRANCH
~e_L. Lam~e~John Graves Vann. Jr.; and Ruth L. Vann
2. Print Owner/Signing Official (person lega{ly responsible for the properly and its compliance)
Name: _Ross W. Lampe
Title: s M a n alter ___._~__ ^_._~__ ~______..~_
Street address: ~ 235 Market Street
City, State, Zip: Smithfield, NC 27577 _
Telephone: X919) 934-G195
Fax: (919L934-1552 ~__..____~
3.
Contact person who can answer questions about the proposed project:
Name: Same as 2. Above _
Telephone: ~_~)___~___T_____. _
Fax: ~ ~)
Email:
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Buffer Variance - Lots_17 & 1$_in_Carria~e Hills Subdivision _~_~~
Version 2: November 2002

5. Project Location:
Street address: 3608 Carriage Drive
City, State, Zip: Raleigh, NC ___~~__
County: Wake
Latitude/longitude: _ N 35 49 57.26~Lat W_78 42 8,1 among) (See USGS Quad Map)
6. Directions to site from nearest major intersection (Also, attach an 8'/2 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). just 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 sharp 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)J: ___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 insuflrcient.)
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.j: Proposed Residential_Homesites~ee Attached Stormwater
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 = 2690 Sg.Ft. (Lots 17 & 18 Combined)
~_ __
__~Revised Since First_Submittal Due to_Engineered Stormwater Mana ement Plan __
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 Zane 2 is allowed lot widths on both Lots 17 & 18 are not
---- - -
~.r.actical for typical__home s_jzes_after C.i~ setbacks are ap_pliedThis make- s the lots
___virtua~ un-developable. 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 prior to the entire 50' Buffer outside of Zones
1 and 2). See Stormwater Management Plan and the detailed notes on the flan 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-upon areas were restricted beyond Zone 2 of the Buffer. This would_drastically
de-value, if not completely condemn the property from the time the Owner originally
obtained it (prior to the adoption of 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 recorded prior to
adoption of the Neuse_River Riparian Buffer Rules. Therefore, the lots were not designed
to account for Riparian Buffers. It was_only bathe enactment of the Buffer 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 worthless
now`If Zone 2 is waivered, the lots can be sold for 65,000 because they will be narrower
than the standard 100' width.
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 wilt 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. Leonard BRL Engineering
Mailing address: ___._____ 704-B East Stanl~Street
City, State, Zip: Four Oaks NC 27524
Telephone: ~~~__ 919 963-2608
Fax: _ 919 963-3736
Email: ___ brlengineering(a~earthlink.net_` _
Variance Request Farm, page 3
Version 2: November 2000

1~
Part 5: Applicant's Certification
I, Ross W. 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 acc9~~with Part 5 of this form will be recorded with all required permit
conditions. i'~ , / ~
Signature: ~'`~
Date: c.~/ - 2 OD.
Title: -~ ~u
Variance Request Form, page 4
Version 2: November 2000