20110074 Ver 2_Major Variance_20111028

LAW OFFICE OF
F. BRYAN BRICE, JR.
ATTORNEYS AT LAW
5 W. HARGETT ST.
SUITE 200
RALEIGH, NC 27601
October 27, 2011
Amy Chapman
NCDENR/Division of Water Quality
512 N. Salisbury St.
Raleigh, North Carolina 27604
Re: William M. Bell
Variance Request Form
Dear Amy:

11-00-11i V2
Telephone: [phone]
Facsimile: 919-573-4252
brva nC2attvbrvanbrice.com
cathyCattybryanbrice.com
[e-mail]
Via Hand Delivery
Enclosed with this letter, please find the original and two copies of the Variance Request Form
(including Exhibits A- F) for our client, William Bell. A disc containing the same is also
enclosed.
Thank you and please contact our office if you have any questions or concerns.
Sincerely,
tannah Hipp
Legal Assistant to Cathy Cralle Jones t / L? D
Enclosures O C T 2 8 2011
DENR • MMTER QUkp
Cc: Brenda Menard (via [e-mail]) A DST PAftTERW.WH
IL
IVA&
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Variance Request Form
(For Minor and Major Variances)
00 1tk U Z
Dee Freeman
Secretary

Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Check the appropriate box below:
X Major Variance
Minor Variance
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OCT 2 s Zon
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Please identify which Riparian Area Protection Rule applies (Note-this must be one of
North Carolina's four buffered river basins. The River Bain map is available at
http://h2o.enr.state.nc.us/admin/maps/.)
? NeuseRiver Basin: Nutrient Sensitive Waters Management Strategy Protection
and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
X Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
William M. Bell
2. Print owner/Signing official (person legally responsible for the property and its compliance)
Name: William M. Bell, Jr.
Title:
Street address: 216 Forte Shores Dr.
City, State, Zip: Chocowinity, NC 27817_ _ _
Telephone: [phone]
Fax: }
3. Contact person who can answer questions about the proposed project:
Name: Same as above
Telephone: ( )
Fax: { -
Version 6: July 2009
Email:
4. Project name (Subdivision, facility, or establishment name -consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Above Ground Swimming Pool
Project location:
Street address:
City, State, Zip:
same as above
County:
Latitude/longitude:
6. Date property was purchased: June 16, 1999
7. Directions to site from nearest major intersection (Attach an 8 !/2x 11 copy of the USGS topographic
map indicating the location of the site). See: EXHIBIT A-1, A-1.1, A-1.2
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT/Navigable Canal to the Pamlico River
9. Which of the following permits/approvals will be required or have been received already for this
project?
Mr. Bell has an agreement with the Division of Coastal Management regarding CAMA
requirements whereby he has implemented a restoration plan outside of the buffer which
exceedsCAMA'srequirements. The restoration plan was implemented and approved by the
Division of Coastal Management in January of 2011.
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
_ Erosion/Sedimentation Control
_v_ 1/24/2011 Others (specify) See below:
Division of Coastal Management Agreed Stormwater Treatment System Design and
Implementation, 1/24/2011. (See Attached EXHIBIT B: 11/24/2010 Letter from Hood Richardson,
PA; 12/21/2010 email from Samir Dupor to Kim Hendrick, confirming that stormwater design
exceeds DCM requirements; and EXHIBIT C (Site Map).
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 in Adobe (pdf) format) 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
Variance Request Form, page 2
Version 6 July 2009
associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer
impact in W.:
See EXHIBIT C regarding the site map and location of the pool as proposed. As shown on the site
map, the square footage of the pool as proposed is 500.57 sq. ft. Applicant believes that
approximately eighty-five percent (85%) of the pool will be located within Buffer Zone 1 and the
remainder (15%) in Zone 2. However, mitigation calculations below are based upon a more
conservative calculation which assumes the entire structure would be within Zone 1.
2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian
buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not
required):
Buffer Impact
Zone of Impact in Number Purpose for
Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet
Zone 1 500.57 "Pool" 3 1501.71
Zone 2 0.00 "Pool" 1.5 0
Total 500.57 "Pool" 1501.71
*Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation;
Zone 2 extends an additional 20 feet from the edge of Zone 1.
3. 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:
Due to the location of existing structures and the septic field on the remaining property outside
the riparian buffer, the pool cannot be located outside of the riparian buffer. Please see EXHIBIT
E (site map with Septic System addendum, by Darren Vaughn).
4. 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.):
Storm water devices have already been implemented that divert water away from the riparian
buffer and into a grassed depression (swale) that directs water away from the buffer toward the
street. See EXHIBITS B & C. Installation of the pool will not result in additional run-off because
rainfall is captured by the pool. A 14-16" freeboard will be maintained between the normal
water level and the top of the pool, ensuring no run-off from the pool except under the most
catastrophic rain or storm event. Additionally, since. June of 2010 existing vegetation has been
enhanced with the planting of additional vegetation as indicated on EXHIBIT F (site map with
Vegetation Addendum), including four (4) trees and eleven (11) shrubs within the Buffer zone.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Strict application of the Rule would prevent a pool from being located anywhere on the
property and would prevent Mr. Bell from receiving on-site, medically necessary hydro-
therapy for diagnosed medical conditions. Please see EXHIBIT C.
Variance Request Form, page 3
Version 6 July 2009
(2) How these difficulties or hardships result from conditions that are unique to the property involved.
The single family residence and attendant septic system on the Property were constructed prior
to Applicant's purchase in 1999. The home and septic system were located on the Property in
such a manner as to prevent the use of the property located outside of the Buffer for a pool.
Please see EXHIBIT E (site map with Septic System addendum, by Darren Vaughn).
(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 pool is necessary for medical reasons to provide hydro-therapy for the treatment of Mr. Bell
for arthritis in his knees, hypertension, and depression. A letter from his physician, Dr. Richard
Young, M.D., is attached as EXHIBIT D.
Part 3: Stormwater
1. Provide a description of all best management practices (BMPs) that will be used to control nutrients
and sedimentation impacts associated with the proposed activity. Please ensure to include all
applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also,
include the BMPs on your plan sheets.
Please see EXHIBITS B, C AND F and response to Part II, Section 4, above.
2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers.
Please ensure to include all applicable operation & maintenance agreements and worksheets for the
proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets.
Please see EXHIBITS B, C ANDF and response to Part II, Section 4, above.
3. 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.
Question 3 is not applicable
Drainage
basin Size of
drainage
basin
(ac) Post-development
nitrogen 6 loading
rate without BMPs4
(lbs/ac/yr) BMP nitrogen6
removal
efficiency'
(%) Final
nitrogen6loa
ding rate
(Ibs/ac/yr) Final
nitrogen6
loading
from
drainage
basin (lbs
1
2
3
4
S

a Attach calculations and references.
s Attach calculations and references.
6Include Phosphorus in the Tar-PamlicoBasin
Variance Request Form, page 4
Version 6 July 2009
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed BMPs
noted in your application can be downloaded from the following website:
http://h2o.enr.state.nc.us/suibmp fonns.htm
Question 4 is not applicable
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242 for
the NeuseBasin and 15A NCAC 2B.060 for the Tar-PamlicoBasin.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include
plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers and a
plan sheet showing the proposed location of the plantings. A guide to buffer restoration can be
downloaded at the following website: http://www.nceep.net/news/reports/buffers.pdf
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then
include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation
credits available for the mitigation requested.
Please see EXHIBIT F. If additional mitigation is required, please advise and a supplemental
plan will be provided in consultation with DWQ.
Part 5: Deed Restrictions
By your signature in Part 6 of this application, you certify that all structural stormwater BMPs 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.
Furthermore, Applicant represents that prior to any sale of the Property, the above-
ground pool described herein will be removed from the Property. Applicant will
provide notice to DWQ when the Property is transferred.
Variance Request Form, page 5
Version 6 July 2009
From:Brian
To:19103998480 1012512011 10:01 #362 P.0021002
Part 6: Applicant's Certification
i, William L. RM (print or typo name of person listed in fart 1, Item 2), certify that tho information
indluded on this permit application form is correct, that the projcct 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:
Part 7: Plan Sheets
Be sure to include a copy of Ali of your completed application form, plan sheets and maps in Adobe (pdf)
format on a CD or f loppy disk.
Part S: Checklist
A complete application utmittal consists of the following components. Incomplete submittals will be
mmued 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 hearts. Initial below to indicate that the necessary
information has been providad.
Applicant's Item
Initials

- Original and two copies of the Variance Request Form and the attwhna t8
listed below.
• A vicinity map of the project (ace Part 1, Item 5)
_ • Narrative demonstration of the need for a variance (see Part 2)
`tea _ A dch6W narrative description of stormwatcr treatmcut(management (see part
4)
n/a • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
-"?a loading estimates (sec Part 4)

n/a # Calculations and references supporting nitrogen (phosphorus in the Tar.
Pamlico Basin) removal frown proposed BMPs (see Part 4)

n/a • Location and details for as1 proposed structuual stormwater BMPs (see Part 4)
Thme copies of the applicable Supplement Form(s) and I&M Form(s) har each

? BMP and/or narrative far each innovative BMP (am Part 4)
-
- a Three es of plans and
cops specifications, including;
0 Development/Fmject name
0 Engineer and firm
0 Legend and north arrow
0 Scale (l'° - 50, is preferred)
0 Revision number & date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
0 Location map oath named streets or NC State Road numb=
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 strumms
Vwiance R•quat Form, pop 6
Version 6 July 2009

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Hood Richardson, PA
Engineers - Surveyors - Geologists
110 West Second Street
Washington, North Carolina 27889
[phone]
November 24, 2010
Ms. Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management
943 Washington Square Mall
Washington, N. C. 27889
Mr. Al Hodge
Regional Supervisor
Surface Water Protection Section
Division of Water Quality
943 Washington Square Mall
Washington, N. C. 27889
RE: Mr. William Bell, Jr.
216 Fort Shores Drive
Chocowinity, NC. 27817
Lot 53, Old Fort Shores
Beaufort County
Gentlemen:
This letter and the accompanying map ore the proposed solution to the impervious situation at the above
described residence. The dwelling was constructed before either CAMA or DWQ regulations were enacted.
The concrete driveway was installed during 2010.
Mr. Bell proposes the 328 square feet of concrete poured in Zone 2 of the riparian buffer and the 529 square
feet of concrete inside the 75 foot CAMA AEC be allowed to remain in place under the following conditions:
A. A two by four inch treated wood blocking strip is to be installed along the edge of concrete that is
inside the 50 foot riparian buffer. This strip is to be attached by lag bolts on a two foot spacing. The
purpose is to divert water away from the riparian buffer and into a grassed depression (swale) that will
direct water away from the riparian buffer toward the street.
B. Mitigation is to be accomplished by installing a gutter along he drip edge of the roof inside the riparian
buffer that will collect roof water and divert it away from the riparian buffer toward the street.
Presently 380 square feet is inside the buffer and may remain there because of construction before the
law was enacted. Water from 496 feet of impervious surface inside the riparian and CAMA buffers
will be collected and diverted over grass toward the street.
C. A copy of a letter from Mr. Bell's doctor is attached. The letter addresses the medical need for the
pool.
cere rs,
o L. Richardson, PE, PLS. PG
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To whom this may concern,
I am writing, on behalf of my patient, William Bell, to require the necessity of hydro-therapy for
the treatment of arthritis in his knees, hypertension, and depression. This letter documents the
medical necessity for this therapy.
William Bell is a 51 year old male with a diagnosis of arthritis in his knees, hypertension,
hypercholesterolemia, depression, and sleep apnea. I have treated Mr. Bell since 1998.
Mr. Bell is currently using his personal pool for additional treatment for arthritis in his knees,
hypertension, and depression. Mr. Bell is overweight consequently `land' exercises aggravate his
knee pain. Therefore, he is required to avoid high-impact exercises and replace it with more low-
impact exercises such as swimming. Mr. Bell uses swimming as his therapy for the arthritis in
his knees due to pain that he endures during `land' exercises. Mr. Bell has minimized or non-
existence of pain while exercising in his pool. He also has no complaints of his knee joints
swelling after exercising in his pool. Swimming is an excellent no-impact exercise. Regular'land'
exercises can also be done underwater. The buoyancy of the water supports most of his body's
weight while the resistance of the water makes his muscles work harder to perform movements.
Water exercise is an excellent way for those with arthritis to build up strength, ease stiff joints
and relax sore muscles. It is a necessity for Mr. Bell's health to continue his hydro-therapy.
Mr. Bell also uses swimming to help treat his diagnosis of hypertension. Water aerobics provides
a low-impact cardiovascular workout that uses all muscles in the body, making it an ideal routine
for weight loss and fitness. When swimming he is engaging nearly every muscle in his body.
This calls for a regular supply of oxygen, hence Aerobic Exercise. Swimming exercise improves
his body's use of oxygen without overworking his heart. Water is denser than air; therefore it
provides a cooling effect to regulate overexertion and overheating. Swimming improves
cardiovascular conditioning by lowering both systolic and diastolic blood pressure significantly
and it will stay down if his hydro-therapy is continued.
W. Bell also uses swimming as time to lessen his anxiety and depression. Exercise has shown itself
to be even more potent than a drug therapy. Exercise affects neurotransmitters such as serotonin
that influence mood and produces ANP, a stress-reducing hormone, which helps control the
brain's response to stress and anxiety. Swimming serves to offer excess fight-or-flight stress
hormones, converting free-floating angst into muscle relaxation. It can even promote so-called
"hippocampal neurogenesis" - the growth of new brain cells in a part of the brain that atrophies
under chronic stress. Mr. Bell uses swimming as his only source of exercise and also swims to
reduce his stress level. Mr. Bell mediates as he swims. He refers to this as "clearing his mind".
He would be unable to continue his mediation to reduce his depression if he had to attend a
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public pool year round. During the winter months, he is forced to use a public pool, but it is not
as effective.
I recommended and now I am requiring for William Bell to continue his hydro-therapy in his
personal pool. If you have any questions, feel free to contact me at Pamlico Internal Medicine
(252-946-2101) to discuss.
Sincerely,
10 ?Jpul
Richard Young, M.
Pamlico Internal Medicine,
Washington NC

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The North Carolina Well Contractors
Certification Commission
recosaizes
DARREN KEITH VAUGHAN
as a duty certifud well contractor under the
pnroisions o/Article 7A and NI:AI: Title 15A.
Chapter 27, under the General Statutes of North
Carolina and is issued certification number
NCWC 2885-A
Effective 7/01/2011
Expires:, 06/30/2012
d° . NC Onsite_ Wastewater
Contractors & ;Inspectors
t Certifcatim Board
DARREN K VAUGHAN
VAUGHAN WELL AND SEPTIC
Grade Level: IV Certification: 2570
INSPECTOR. 25701
This certification-expires: 1213112011
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