20070277 Ver 1_Major Variance_20070224

OFFICE USE ONLY: Date Received __._..__._._...._.._____._.___....._.._._.._..._. Request # ._~.______..___.____.___._....._..._.........._......_.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
NOTE: This form maybe photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
David Garrigues
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: .~ David Garrigues
Title: Owner
Street address: 408 Oakridge Road
City, State, Zip: Cary, NC 27511
Telephone: { 919 },465-3785 (610-9598 cell}
Fax: 9t 19 )380-9918
3. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Garrigues Residence ~~°~ ~:~ ~ r`!' '~
4. Location of Facility
Street address:
City, State, Zip:
County:
Latitude/longitude:
SAME
r--~~ ~ 4 200
ur+w~; - w~r~:~a a~;aLi~
'qT~2 ~RF~iGH
5. Directions to facility from nearest major intersection (Also attach a map):
From Raleigh take #1 South to Cary Parkway exit. Make right at ramp. Continue to
Hampton Valley Road make Right (at school). Make right on Oakridge Road. 408 at the
bottom of the hill on the right.
6
7. Requested Environmental Management Commission Hearing Date: March 7
Contact person who can answer questions about the facility:
Name: __David Garrigues __
Telephone: ~,___}
Fax: (_____}
Email:
Version 1: September 1998

Part 2: Demonstration of Need for a Variance
_.~_.~ _~~...._~__ ~ ~ _ _ _~ _~~ .. ~ . ~ ~~.._ _.._._~__. ~ __~ ____~~~_~_..~_ ~ __ .. ,.r_ _.
NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
Commission to grant a variance to an affected party when the following conditions apply on a given project:
(a) practical difficulties or hardships would result from strict application of the rule:
(b) such diffrculties or hardships result from conditios which are peculiar to the property involved,• and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were granted.
This part of the application is to explain how the project meets cntena (a) and (b)
Attach a detailed description (2-3 pages) explaining the following:
• The practical difficulties or hardships that would result from strict application of the Rule.
• How these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the
riparian area is not feasible on this project. If economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
Part 3: Water Quality Protection
.____.._..._~.__._..__.~___.__......__ .. _.~_~~.~. _w_.._~_.___........~..___.__.~....~~.__________.__._.~~, .,
NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and
intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if
the variance were granted.
1. Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
Rain Garden
2. What is the total project area in acres? .46 Acres
3. Which of the following permits/approvals will be required for this project?
CAMA Major
Sediment/Erosion Control
401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998

Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project, attach an additional sheet with the information for each basin
provided in the same format as below.
Project Information Drainage Basin 1 Drainage Basin 2
Receiving stream name Lynn Branch
Receiving stream class' WSIII, NSW
Drainage basin area (totalZ) 25 acres
Existing impervious area3 (totalZ) < 2.5 acres
Proposed impervious area3 (totalZ) < 2.5 acres
Impervious area3 (on-site) 4% ex - 5% proposed
Impervious area3 (totalZ) < 10
Existin Pro osed
Impervious area' Drainage basin 1 Drainage basin 2
On-site buildings 2,288 1,221
On-site streets N/A N/A
On-site parking 1,253 N/A
On-site sidewalks N/A 251
Other on-site N/A N/A
-Total on-site 3,584 1,472
Off-site N/A N/A
Total 3, 584 1,472
' The intemet site for this information is http://h2o.enr.state.nc.us/strmclass/alpha/neu.html
Z Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
We used GIS Mapps and started off at our site and delineated upwards.,,,
6. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)?
Attach a detailed plan for all proposed structural stormwater BMPs.
Drainage
basin Size of
drainage
basin
ac Post-development
nitrogen loading rate
without BMPs°
Ibs/ac/ r BMP nitrogen
removal
efficienc}r~
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs
1 .03 AC .98 35% .34 .33
2
3
4
5
Totals ------ ------ ------
'~ Afach calculations and references.
s Afach calculations and references.
Variance Request Form, page 3
Version 1: September 1998

Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-109 Innovative BMPs Supplement
Part 4: Submittal Checklist
A complete appplication submittal consists of the following components. Incomplete submittals
will be returned to the applicant. The complete variance request submittal must be received 90
days prior to the EMC meeting at which you wish the request to be heard. Initial below to
indicate that the necessary information has been provided.
Applicant's Item
Initials
• Original and two copies of the Variance Request Form and the attachments
listed below.
• A vicinity map of the project (see Part 1, Item 5)
• Narrative demonstration of the need for a variance (see Part 2)
• A detailed narrative description of stormwater treatment/management (see Part
3, Item 1)
..-.-..-...-.-----~ ~ ------ • Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• Calculations and references supporting nitrogen removal from proposed BMPs
(see Part 3, Item 6)
• Location and details for all proposed structural stormwater BMPs (see Part 3,
Item 6)
• Three copies of the applicable Supplement Form(s) for each BMP and/or
narrative for each innovative BMP (see Part 3, Item 7)
• Three copies of plans and specifications, including:
-~~~~~--~ ---~ --- -__.. 0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 100' or 1" = 50' is preferred)
0 Revision number & date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
____....._,_.__..._,_._..____....._._ 0 Location map with named streets or NC State Road numbers
0 Original contours, proposed contours, spot elevations, finished floor
elevations
0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
_...~..__._._-........._._..____........ 0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff
calculations
-___........_.._-.__..__...... 0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 4
Version 1: September 1998

Part 5: Deed Restrictions
By your signature in Part 7 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 6: 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 7: Applicant's Certification
.~~v~n ~ ,q,2,2.c ~cJC~' (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 be recorded with all required permit
conditions.
Signature:
Date:
Title:
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Variance Request Form, page 5
Version 1: September 1998

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Part 2: Demonstration of Need for a Variance
David Garrigues the owner of the residence has a mother and father (Mona and Warren
Vance) who currently live at 1211 Seabrook Avenue and have for almost 25 years. They
church that they helped start, Good Shepard United Church of Christ, is right down the
road as it has been for at least 12 years. All of their friends live here in Cary this is where
their life has been and what they know.
Currently Mona (the mother) is Diabetic Type II with total loss of legs. She is bed ridden
and requires daily aid from outside sources. As her condition worsens she is also
requiring night time care as well. As she is not able to perform basic bathroom
operations she needs to be changed by caretakers. Up until this past year her husband
Warren has been able to take care of her at night time but as he is also aging he has come
across some problems as well.
Warren (the father) has been rushed to the hospital several times for dementia and
suspected and highly anticipated Alzheimer's. He has become unable to take of care of
my mom and we have to get special aid at night time to take care of her. He is also
having major problems in grocery stores forgetting if he is going or coming. What he
was suppose to get. Where to find even his credit card or what it even looks like. He
cannot find articles in the home like the dogs collar. He forgets that he has even ever had
mashed potatoes. As you can see this is becoming more problematic.
Housin~ in Cary as everyone knows is not cheap. While I have lived here in Cary ever
since St grade going to East Cary Jr. High then on to Cary High I know of no better place
to live. After saving my money I was able to buy a house in Stony Brook Estates very
close to my parent's house that live in Pirates Cove. As my wife Brenda and I started
watching my parent's condition worsen and could easily foresee their future we knew we
would all end up in the same house. The question was where in Cary could we find a
house that would work for everyone. The cost of moving would simply just have to be
absorbed in both houses being sold and move into anther house. After looking and
looking in Cary and up online through houses that were available none of them would
work and could identify with my parents special needs.
I have two children Ryan (12) and Aaron (3). We are located in the same subdivision as
Farmington Woods Elementary where Ryan went to school and where Aaron will go in
two years. One of the greatest things about living in Cary is that it is convenient. My
wife and I are in the process of helping start a new church here in the Cary/Apex area as I
continue my studies for becoming a pastor. Since my subdivision is only two streets
down from my parents house this will still be very close for them to their church. We
live in a very quite neighborhood where cars go slow and the kids can play in the front
yard without any hassle from pedestrians or traffic. For my kids this is the ideal
neighborhood. I have basically lived here all my life and love it.
Trying to get a house that fills the needs for My Parents, My Children, and My wife came
up horribly short after we exhausted the Internet and our Realtor. We simply could not
find a house. We thought of new construction but the lots are so expensive and by the

time you go through new stuff honestly we just don't have the strength nor the time. We
finally came to the conclusion that what could work and still be feasible as far as money
goes is to just sell my parents house and build an addition on to ours. Now this could not
be just some ordinary room because my mother must be lifted out of bed with a Hoyer
system. The equipment necessary for transporting her from bed to wheel chair is big and
bulky not even counting the room necessary to shift to make things happen and storage
problems.
We enlisted the aid of an Architect to help us figure out what kind of space planning we
would need and how can we maintain some kind of architecture to our house and not
make it be a mess for the time of resale. We went through many revisions and came to
the outline that you have now. This will maintain both my parents and still let them have
their own freedom in their room. All meals will still have to be brought through our
kitchen as they do not have the ability to cook anyway. We have increased the size of
our living room so that my mother can come out of the bed more often as her aids do not
currently take her out. I see this is a great opportunity for my children to be with their
grandparents as they are very encouraging people.
The bottom line is that my parents are unable to care for themselves and in time we will
have very big problems on our hands. The cost of healthcare is incredible and for them to
maintain any type of "home" lifestyle I am confident this will go away within the next
year if I do not get them moved in quickly. I have tried every avenue other than this
variance and have for obvious reasons come up short. I simply have no other alternative
other than to take my family away from the town I grew up in the town my parents have
lived in and the town my children have grown up in, our church, friends, the cost of
moving, etc. The variance is our only reasonable option. I do not know all of the laws
but I hope that they are compassionate.

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