HomeMy WebLinkAbout20061360 Ver 1_Minor Variance_200608242oos,aso 303d
N. LEO DAUGHTRY
STEPHEN C. WOODARD, JR.*
JAMES R. LAWRENCE, JR.
LUTHER D. STARLING, JR.'*
KELLY K. DAUGHTRY
K. ALICE MORRISON
DAUGHTRY, WOODARD, LAWRENCE & STARLING
ATTORNEYS AT LAW
405 E. MARKET STREET
P.O. DRAWER 1960
SMITHFIELD, NORTH CAROLINA 27577-1960
SMITHFIELD OFFICE:
(919) 934-5012
(919) 934-5104
Facsimile: (919) 934-9536
*Board Certified
Specialist in Family Law
** Also Licensed in the District of Columbia
August 23, 2006
Amy Chapman, Environmental Specialist III
NC Dept. of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Re: Variance Request Form for Minor Variances (Carriage Hills: Lots 17& 18)
Dear Ms. Chapman:
Enclosed herewith is a Variance Request Form -for Minor Variances in connection with
the above-captioned matter. Should you have any questions, please feel free to contact my office.
ling, Jr.
LDS,JR:cbp
Enclosure
pc: Ross Lampe
AUG 2 4 2006
WIETtuAND AND STORi~IWA'tER
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources 303 ~ ~ ~ $ ~ ~ e
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)
^ 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)
o ads o
Part 1: General Information AUG 2 4 2006
(Please include attachments if the room provided is insufficient.)
DENR - yyA1'ER QUALITY
1. Applicant's name (the corporation, individual, etc. who owns the property): y~nnNOSiwosTOf:r~v++-~"
Ross W. Lampe. Fave L. Lambe John Graves Vann Jr and Ruth L Vann
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Ross W. Lampe
Title: Manager
Street address: 235 Market Street
City, State, Zip: Smithfield. NC 27577
Telephone: 919.934.6195
Fax: 919.934.1552
3. Contact person who can answer questions about the proposed project:
Name: SAME
Telephone: ~
Fax: ~
Email:
Version 2: November 2002
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Carriaae Hills. Lots 17 & 18
5. Project Location:
Street address: 3608 Carriaae Drive
City, State, Zip: Raleiah, NC
County: Wake
Latitudellongitude: 35 degrees 49'995" Latitude and 78dearees 42'000" W Longitude
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):
Proceeding North on Duraleigh Road. turn right onto Edwards Mill Road the third road to the
left is Carriaae Drive. Turn left and the two lots are at the bottom of the hill on the right
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Laurel Hills Branch
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26
.0315 (Neuse} or .0316 (Tar-Pamlico)]: .0315 Neuse
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.]:
Zone II Buffer Impact 4750 square feet on both Lot 17 and Lot 18
Lot 17 House Foot Print 50'10" wide x 55' deep
Lot 18 House Foot Print 30'0" wide x 51' deep
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:
City of Raleiah side yard requires 10' Buffer which only leaves 20' for house width on Lot 18
and only leaves 37' for house width on Lot 17 unless we can build on Zone II (additional 20')
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.):
Zone I will be left in a natural state (no lawn) Driveways will be gravel and will be situated at
least 30 feet from the creek '
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Lot 17 and Lot 18 cannot be built on unless the Zone II is waiver
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The property was purchased on April 25 1967 and the lot layout was slotted in 1965
(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 II 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 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): Luther Starling, Attorney
Mailing address: PO Drawer 1960
City, State, Zip: Smithfield, NC 27577
Telephone: 919-934-5012
Fax: 919-934-9536
Email:
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 accordance with Part 5
of this form will
Signature:
Date:
Title:
Variance Request Form, page 3
Version 2: November 2000