20071302 Ver 1_More Info Received_20080213

N. LEO DAUGHTRY
51'EPHEN C. WOODARD, JR.*
~A,b1ES R. LAWRENCE, JR.
LUTHER D. S"CABLING, JR.**
BELLY 1;. DAUGHTRY*
[:. ALICE :~IORRISON
*Board Certified
Specialist in Family Law
'* Also Licensed in the District of Columbia
Ms. Cyndi Karoly
Supervisor
DWQ 401/Wetlands Certification Unit
1650 Mail Service Center
Raleigh, N% 27699-1650
February 12, 2008
SMITHFIELll OFFICE.:
[phone]
[phone]
Facsimile: (919) 934-9i;(
FEB i ~ B08
DENR - WATER QUALITY
yVETLMIDS AND $fORMWATER BRANCH
Re: Request for Variance or Exemption from Neuse River Buffer Rules on Lot 23 in Carriage
Hills Subdivision Raleigh, NC
Dear Ms. Karoly:
Please be advised that our firm represents Ross Lampe in the above-referenced matter.
We are requesting a reconsideration of Mr. Lampe's Vested Rights in the property.
Mr. Lampe and his sister purchased this property, in addition to several other lots in
Carriage Hills Subdivision in 1967, thirty years before the Neuse River Buffer Rules (NRBR)
went into effect. Mr. Lampe and his sister intended at the time of purchase to hold the property
until water and sewer services were available to the property, then to develop a single family
residence on the lot and sell the property. For various reasons, including disputes with the
homeowner's Water Association, water and sewer services were not available to the property
until recently, after the NRBR had become effective. It is for this reason that the lot was not
developed prior to the NRBR going into effect.
Lit 23 is approximately one hundred (1 R0) feet wide. I-lowever, due to the location of the
river, the entire fifty (50) feet of the eastern side of the Neuse River Buffer (NRB) extends onto
the western portion of Mr. Lampe's property and all fifty (50) feet of the eastern side of the NRB
run almost the entire length of his property. Further, the NRB extends so far onto part of Mr.
Lampe's property that only twenty (20) feet of Lot 23 from the Neuse River Buffer to the eastern
boundary of the lot are unaffected by the NRBR (please see enclosed copy of Lot 23 plat). Since
there is a ten (10) foot City setback on both the western and eastern side of the property, and a
fifteen (15) foot Homeowner's setback on the both the western and eastern side of the property,
Mr. Lampe would only be able to build on a five (5) foot strip of land. Although, the land not
affected by the NRB or City's and Homeowner's setbacks is slightly wider at the southern end of
Lot 23, it is still an insufficient area on which to construct a residence.
DAUGHTRY, WOODARD, LAWRENCE & STARLING
ATTORNEYS AT LAW
405 E. MARKET STREET
P.O. DRAWER 1960
SMITHFIELD, NORTH CAROLINA 27577-1960

As stated above, Mr. Lampe is requesting a reconsideration of DWQ's denial to permit
him to build on his property. Over the last forty (40) years, Mr. Lampe and his sister have
expended substantial funds in real property taxes as well as income that was tied up by holding
the property for development rather than selling it. Even when Mr. Lampe and his sister had to
deed over easements and subsequently repurchase those same easements at their own expense in
order to be able to develop the property, they did not sell the property because they intended to
develop it when possible. Further, the resources that Mr. Lampe has had to expend while
attempting to find a way to develop his property constitute a "substantial expenditure" related to
the property.
Clearly, Mr. Lampe and his sister purchased the property in "good faith," as it was
unforeseen forty (40) years ago that the NRBR would go into effect in 1997. You stated in your
January 8, 20081etter that "[d]evelopment of the subject property has not proceeded to such a
degree that imposition of the Neuse River Buffer Rule would be unreasonable." However, since
the Carriage Hilis subdivision prohibits anything other than individual residences from being
constructed on its lots, and had done so prior to the Owners purchasing Lot 23, Mr. Lampe and
his sister clearly purchased the property not just based on a zoning determination, but also on the
subdivision rules and current rules in effect with regard to the Neuse River in 1967.
Based on the dimensions given above, it is apparent that a house, even one of "minimum
size" cannot be built on a five (5) foot wide strip of land. Were development of Lot 23 allowed,
Mr. Lampe could sell the property for thirty-six thousand dollars ($36,000.00) (please see
enclosed Offer to Purchase and Contract). Therefore, Mr. Lampe has clearly suffered a detriment
due to the imposition of the NRBR since he is unable to sell the property until development of an
individual residence is possible on Lot 23 and such development is not possible without a
determination of Vested Rights under the NRBR.
If this issue cannot be brought to a satisfactory resolution within ten days of the date
of this letter, we will file a suit for inverse condemnation of the property on Mr. Lampe's
behalf. Should you have any questions or wish to discuss this matter, please contact my office.
Thank you very much for your assistance in this matter.
D. Starling, Jr.
LDS,JR:egt
Enclosures
pc: Ross Lampe [with copy of Enclosures]

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DATE: APRIL 24, 2DD7 ~R~ ENGINEERING
SCALE: t" = 40'
DRAWN 8Y: 8RL ( ~ 7046 East Stanley Street
Four Oaks, NC 27524
CHECKED BY: BRL OffICe: [phone]
PROJECT No: 106015.02 ° Fax: [phone]
SITE LAYOUT
LET 23 /N CA/,~/;/AGE M/LLS SUBD/lviS/~N EXH I B I T
SITE INFORMATION OWNER INFORMATION
CITY ORTOWN, COUNTY & STATE: RALEIGH, WAKE CO., NC OWNER: ROSS W. LAMPS, ET. AL
ADDRESS CONTACT: ROSSLAMPE TELEPHONE
TOWNSHIP, COUNTY,&STATE: - 235MARKETSTREE7 919.9346195 (O)
~nnun~c• on SMITHFIELD, NC275T1 9199341552 (F) -
D

OFFER TO PURCHASE AND CONTRACT
c~ v : a~ ~ .,, ..~ ~ c 5 S , ~c Bu er,
hereby offers to purchase and o ss W, d- e ~. , L a r- a t ~ ~ i, ~..- s i i.. s -1'r ` ~s~e~er,
upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or pace of land described b ow, together w~fh a~~
improvements located thereon and such fixtures and personal pproperty as are listed below (collectively referred to as the "Property"),
upon the following terms and conditions: ~ ,~ ,s'S ~1/ • L S n, p„ o w ~ ~ L r^
1. REAL PROPERTI': Located in the City of _ _~a ~-4 •~ ~j r o%t.' l/s Sip , ~° ~ 23~ CS i. ;as...
County of L/ g /~ a ,State of No h Carolina, being known as and more particularly described as:
Street Address ~o o s C q i~,'q a /; 9 ~ ,' /if, C Zip Z ~ 6~/ t
Le Description: L-c CG ~~: s. .'/ S y 6 a/; v; ' o ,~
(~11 ^ A portion of the prope in Deed Reference: BookO y~ 7 6 P Page No O / S 6 a e County.)
NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may
limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of Incorporation, Rules
and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable.
2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures,
ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and
door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool
and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with
controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall and/or door
mirrors, and arlyother items attached or affixed to the Property, EXCEPT the following items:
3. PERSONAL PROPERTY: The following personal property is included in the purchase price:
4. PURCHASE PRICE: The purchase price is $ 3 G , o 0 0 ° ~^ and shall be paid as follows:
(a) $ 2 ° ° • ° ,EARNEST MO Y DEPOSIT with this offer by cash personal check ^ bank check
^ certified check other: to be deposited and held in
escrow by ("Escrow Agent") until the sale is closed,
at which time it will be credited to Buyer, or until this contract is otherwise terniinated. In the event: (1) this offer is not accepted;
or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event. of breach of
this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any
other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all
earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other
remedies available to Seller for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a
broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written
release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent
jurisdiction.
(b) $ ,ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than
TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE.
(c) $ , BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing
loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum.
(d) $ , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum.
(e) $ ~ o o , ,o c ,BALANCE of the purchase price in cash at Closing.
5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.)
()~,..Q (a) Buyer must be able to obtain a ^ FHA ^ VA (attach FHA/VA Financing Addendum) ^ Conventional
~Y~ ^ Other:~J !3_ tea.. loan at a ^ Fixed Rate ^ Adjustable Rate in the principal amount of
to „~ (plus any financed VA Funding Pte or FHA MIP) for a term of year(s), at
an initial interest rate t to exceed % per annum, with mortgage loan discount points not to exceed % of
the loan amount. Buyer shall apply for said loan within days of the Effective Date of this contract. Buyer shall use
Page 1 of 5
This form jointly approved by: STANDARD FORM 2-T
North Carolina Bar Association ©7/2004
REALTOR' North Carolina Association of REALTORS®, Inc. ~,~.o~„~
m.a~.~.
Buyer Initials~~, Seller Initials
This iortn produced by: ~~'~~'~"~~ 806336-1027

~ ALTERNATIVE 2: (This Alternative applies OMLY if_9lternatave 2 is checked AND Breyer has paid the Option Fee.)
(a) Property Investigation with Option to 't'erminate: In consideration of the sum of $ (do not insert
$0, N/A, or leave blank) paid by Buyer to Seller (not Escrow Agent) and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged (the "Option Fee"), Buyer shall have the right to terminate this contract for any reason or no reason,
whether related to the physical condition of the Property or otherwise, by delivering to Seller written notice of termination (the
"Termination Notice") by 5:00 p.m. on , 20 ,time being of the essence (the
"Option Termination Date"). At any time prior to Closing, Buyer shall have the right to inspect the Property at Buyer's expense
(Buyer is advised to have all inspections and appraisals of the Property, including but not limited to those matters set forth in
Alternative 1, performed prior to the Option Termination Date).
(b) Exercise of Option: If Buyer delivers the Termination Notice prior to the Option Termination Date, time being of the essence,
this contract shall become null •and void and all.rlarnest monies received in connection herewith shall be refunded to Buyer; however,
the Option Fee will not be refunded and shall be retained by Seller. If Buyer fails to deliver the Termination Notice to Seller prior to
the Option Termination Date, then Buyer will be deemed to have accepted the Property in its physical condition existing as of the
Option Termination Date, excluding matters of survey. The Option Fee is not refundable, is not a part of any earnest monies, and will
be credited to the purchase price at Closing.
(c) CLOSING SHALL CONSTITUTE AC FPTAN OF THE PROPERTY IN IT THEN EXISTIN ONDITION
TTNLESS PROVISION IS OTHERWISE MAD - IN WRITIN~_
14. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing utilities)
through the earlier of Closing or possession by Buyer, to Buyer or Buyer's representatives for the purposes of appraisal, inspection,
and/or evaluation. Buyer may conduct awalk-through inspection of the Property prior to Closing.
15. CLOSING:,Closing shall be defined as the date and time of recording of the deed. All parties agree to execute any and al]
documents and papers necessary in connection with Closing and transfer of title on or before 6 o n vs q ~ ~~ r•
at a place designated by Buyer. The deed is to be made to ,~ o s C a r ~ : ~'_ ~ ~~ o
o c~. y pq.,,c ~S~ ~L y f-,t~
16. POSSESSION: Unless otherwise rovided herein g. event po~i;ssion is~I~OT to be
p ,possession shall be delivered at Clo in In th~
delivered at Closing: ~ a Buyer Possession Before Closing Agreement is attached. OR, ^ a Seller Possession After Closing
Agreement is attached.
17. OTHER PROVISIONS AND CO1NDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTACH
HERETO.) S a ~~~ ~^ p d 7 q .' .u S ~
/~ ~j vas end '1%.' ~~"1s ~~ o,~ /off Z3
C G / / ~ q S t % e • r ~ $ .~ ~.Q a lJ ~.~ s r ~` 4 a/ p ~ 7 9 , eJ Fj a ~ ~ ~ i r~ S PQ r,,,~ i qt' .S
G~ ~ C o .~ S ~/` K c~ q $" •~ S .~. ~ci M .' ~ y ,/ 0 4 S Q ~ ~ 4'/ et r W: 1 1 6 2 q 6 /~
G ~cS ¢ m „' /o'ff' 2 3 ~ C4ria ase. /fj~://S' S/D o .v o ~ 6 Pr~'or~ G o da,.S
f~,~C.o~ CQ•• f: ~: ca'f~ ~~ occupa~ ~~.~,'ssk~ d by ~-~~ c: {-~, of ~ ~ ,
~f 1 S. RISK OF LOSS: The risk of loss or amage by fire or other ca ualty prior to Closing she 1 be upon Selle . If the improvemer~t~
on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice delivered to
Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this contract, Buyer
shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or
destruction applicable to the Property being purchased.
19. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by agreement,
then this contract shall be binding on the assignee and his heirs and successors.
20. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and their heirs,
successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter
genders, as appropriate.
21. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed
after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed,
kept or performed.
22. ENTIRE AGREEMENT: This contract contains the entire agreement of the parties and there are no representations,
inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and
signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as
contained in any listing agreement, buyer agency agreement, or any other agency agreement between them.
Page 4 of 5
/ ~ STANDARD FORM 2-T
Buyer Initials!/ ~ ~ • Seller Initials ©7/2004
This loan produced by: tr~~r.m~~ 90036-1027

23. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such
party's agent. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such
signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together
constitute one and the same instrument, with a signed original being retained by each party and each REALTOR® or broker
hereto, and the parties adopt the word "SEAL" beside their signatures below.
Buyer acknowledges having made an on-site personal examination of the Property prior to the making of this offer.
THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION
MAKE NO REPRESENTATION AS TO THE~,EGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN
ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS-FORM OR FEEL THAT IT DOES NOT PROVIDE
FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU
SIGN IT.
Date: C~ g ~ Q ~ ~ ~'° / f ~j 4 ~ / 0701/T C a /~ 9P CS O •V /~ ~ ~..~/
te. 7 ~ : ~l 3 S ~,O
Buyer 1~w1~ ~,~~ EAL ,
~ ' _ T~ ) ller (SEAL)
Date:
Date: ~ ~/ . ~ ~~~~ Z~~ZGb7 .
Buyer (SEAL) Seller (SEAL)
Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the same in accordance with the
terms hereof.
Date
Firm:
By:
(Signature)
Selling AgendFirm/Phone
Acting as ^ Buyer's Agent ^ Seller's (sub)Agent ^ Dual Agent
Listing Agent/Firrn/Phone
Acting as ^ Seller's (sub)Agent ^ Dual Agent
Page 5 of 5
Thie form produced by: ~~'~~'~'~~~ g00~36-iD27
STANDARD FORM 2-T
© 7/2004