20070530 Ver 2_More Info Received_20081201

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Homes By Thadd, Inc. r2??
8305 Six Forks Rd. Suite 203 l5
Raleigh, NC 27615 DEC
1 2008
Ms. Cyndi Karoly DE A pS? M ? RBwwcH
DENR/Division of water quality "'WS
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject Property: Lot 10, 1907 Stoneytrace Court, Oakcroft Subdivision, Raleigh, NC
UT to Neuse River (030402,27-(20.7), WS, NSW)
Additional Information Requested:
The problems began to surface when my surveyor, David Barrier laid off the house on
Lot 10 Oakcroft. This is when we noticed the recorded map was in error with the bank of
the creek. As you can see, per the survey , the existing creek bank is anywhere from +/-
4 feet to +/- 16 feet from its original recorded location causing a hardship on the rear of
this lot. It was at that time I asked for the original variance in the Spring of 2007 and
received it on April 12, 2007 prior to applying for a building permit. At that time, I
should have asked for more of a variance but assumed that there would be not be any
more issues with the construction of the house.
Once we began to construct the house, at the basement/footing phase, we found that we
needed our basement slab level to be +/- 5 feet above the drainage culvert located on the
left side of the lot. This made the total height of the front basement wall +/- 16 feet to
overcome any drainage issues from Stoneytrace Court, as well as any drainage water
being carried by the street culvert. Please see culvert drainage picture #2. The concern
was storm water and how to best manage the storm water from the front of the house,
from the left side of the house, as well as the rise of the flood water in the back of the
house. By raising the house to avoid these storm water concerns caused me to construct a
block retaining wall on the back side of the house due to changing the height of the
basement walls. Also, raising the height of the basement walls, caused me to have more
steps to the deck and a stair landing.
I hope you will consider the requested variance for Lot 10 Oakcroft due to the unforeseen
hardships. I have included 12 pictures to give a visual appearance and to best show the
hardships on site, as well as another copy of the most recent survey.
Sincerely,
Thadd Roberts
CC: Ms. Lauren Cobb
DWQ/Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27607
HWY. 98
LEGEND
Lines Surveyed
0 4
FALLS w ?I - - - - Lines not surveyed
uKe L OAK FT ` E.I.P. Existing Iron Pipe
I.P.S. Iron Pipe Set
o DUNN RD. P.P Power Pole
- M. H. Manhole
VICINITY MAP (N.T.S.)
Id Radius Arc Length__ Chord Ch Bear -?
??? 45 00 _-__7Q 3?'J?L
- -- -- -
--
- I
Id Be_ wring Distance----
L1 N 05°32'38" W-- 1.01'
_12_.
NOTE: VARIANCE WAS APPROVED BY
DIVISION OF WATER QUALITY TO BUILD
WITHIN THE 50' NEUSE RIVER RIPARIAN
BUFFER. DWQ PROJECT # 2007-0530.
WAKE CO. "r -< e r.? C...1
CREEK PER
RECORDED MAP
50' NEUSE RIVER
RIPARIAN BUFFER
(MEASURED 50' FROM t,?h
TOP OF BANK) N
PER RECORDED MAP x"33
P °,6
oof
10
0.257 AC-
BLOCK
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20' PRIVATE \ o? - \ DRAINAGE EASE:
9 \ LC
_NOTE
SQUARE FOOTAGE OF
DISTURBED AREA IN BUFFER = 190 SF
(INCLUDES STEPS AND CONC. AREAS)
SQUARE FOOTAGE OF PROPOSED
RETAINING WALL = 75 SF
TOTAL AREA WITHIN BUFFER = 265 SF.
DRAINAGE
DITCH
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iDED
ANTED
NOTE.)
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DEC
DENR-V
WETLANDS AND
STONEYTRACE CT
(40' RNV)
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LOT 10, OAKCROFT, PH. 1,
RECORDED IN B.O.M. 2004, PG. 1404, WAKE CO.
I, David W. Barrier,certify that this plat
was drawn under my supervision from
an actual survey made under my
supervision; that the boundaries not
surveyed are clearly indicated and any
encroachments are shown.
PROPERTY OF
HOMES BY THADD
1907 STONEYTRACE CT
SCALE; .1" = 40'
DATE; 4-2-08
BOOK; M-203-62
M-206-15. ..
RALEIGH, N.C.
David W. Ba r l(-11'
4"'1
I ?<11 T i;'oli 1VE?.
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2008
R QUALITY__,
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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 may be 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)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1.
2. Print Owner/Signing Official
Name: h
Title:
Street address:
City, State, Zip:
Telephone:
Fax: ME-
3.
Contact person who can an
Name:
Telephone: LgLo )
Fax: t q 1°I )_
Email
ual, etc. who owns the property):
D t C 1 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
for the property and its compliance)
about the proposed project:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation aAJ maintenance agreements, etc.):
Version 2: November 2002
I k
5
Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
tonoaranhic map indicating the location of the site):
-r, > J , . _
7. Stream to be impacted by the proposed activity:.
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
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.)
1. 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 huffar imnact in ft2.f:
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:
?t -i -,A4h 1n a% rj 1r, n&! Vik.U.n v-4AJ_A A k ?i i- 44,,, 1
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?pf @xisting vegetation, etc.):
I A. I n..nno. 1 nl „ nIPAPP
u,,?
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would. result from the strict application of this
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j
c?a r ccrc e ck?x,? ?? !n uowe ?v b?
J-kt
P i 3: Deed Restrictions
?n Okbmy

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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
(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.
listed i Part I, Item 2), cer
correct, that the project wiI
deed restrictions in accorC
conditions.
Signature:
Date: 9 "
Title:
(? !" f UWM - C(print or type name of person
/ that the informatio included on this permit application form is
)e constructed in conformance with the approved plans and that the
ice with Part 5 of this form will be recorded with all required permit
Variance Request Form, 1 le 4
Version 2: November 20(
1 9 of 49)
K010959PG01648
4.
5.
1a
Clot,
tat ?oa C.
community. No portion of a Lot shall be used for business, manufacturing or
commercial purposes, nor shall any merchandise be kept or allowed to remain on
a Lot for commercial purposes. Each Owner shall maintain his or her buildings,
improvements, landscaping and grounds in a safe, clean and orderly fashion.
Animals. No birds, Animals, livestock or poultry of any kind shall be raised, bred
or kept on any part of the Properties or any part thereof or on any Lot, excepts
that dogs, cats or other household pets may be kept, bred or raised solely as
domestic pets and not for commercial purposes. Such domestic pets shall be kept
under the control of the Owner of such pets or his/her guests. The Owner of any
pet shall immediately remove excrement deposited by said pet upon the Streets
and/or the sidewalks and/or the Common Areas and/or the Lots in the
Subdivision. Habitual barking, howling, yelping or otherwise noisy pets shall be
deemed a nuisance. No horses or barnyard animals shall be kept or allowed to
remain on any of the Properties or any part thereof or on any Lot at any tune.
Dwelling Size. No dwelling shall be erected or allowed to remain on a Lot if the
heated floor area of the main structure, exclusive of open porches and garages,
shall be less than One Thousand Eight Hundred (1,800) square feet. The
Declarant, in its sole and absolute discretion, may grant a variance of up to ten
percent (10) of the minimum dwelling size.
Building Setbacks. Except as hereinafter specified and unless prior written
approval is obtained from Declarant (or the Architectural Review Committee
following the Turnover Date), the following setback requirements are required for
any dwellings erected, or to be erected, on any Lot in the Subdivision:
a. No dwelling shall be erected on any Lot so that the front of the dwelling is
nearer than twenty b. No dwelling shall be erected on any Lot so that the rear of the dwelling is
nearer than twenty (20) feet to the rear lot line of said Lot;
C.
d.
One side of a dwelling on a Lot
actual side setbacks on a Lot must be at least fifteen (15) feet. The side of
a dwelling erected on a Lot must be at least ten (10) feet from the side of
the dwelling erected on the Lots adjacent to such Lot.
e. Notwithstanding the foregoing, no dwelling shall be erepted on Lot 8, Lot
9, or BU 10 so that the front of the dwelling on such Lots is nearer than
ten (10)1eet to tlit inc of such Lots, the aggregate front and rear
setbacks for such three (3) Lots shall be a least forty (40) feet;
(275):1OAKCROFr CUD\
Declaration of Covenants v6
19
The aggregate of the actual front and rear setbacks on a Lot must be at
least forty (40) feet.
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