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Home My WebLink About20130772 Ver 1_Minor Variance_20130725North Carolina Deparhrer't of Er Mromx41 and Natural Kesotrces DMslon dMer Queldy Beverly Eaves Perdue ogles VMd PP Dee Fteeman GOMM Orwor setreloy 20130772 Variance Request Form (For Minor and Major Variances) NE�� Protection and Maintenance of Riparian Areas Rules JU! 2 5 2013 NOTE. This form may be photocopied for use as an ongind Check the appropriate box below: Major Variance X Minor Variance Please identify which Riparan Area Protection Rule applies (Note -ibis must be one of North Caroluia'-; four buffered river basins. Tlie River Bain map is available at httu:: 1�3o.eiu Mate 11c.us"at6ninnuaps•) fir( Neuse River Basin: Nutrient Sensitive Waters Management Strategvv Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) o Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Strateg Protection and Maintenance of Riparian areas Rule (15A NCAC 02B.0259) Part 1: General Information iPlease hiclude attridintents if the roomproti•tded is ntsricim IF. I 1 Applicant's name (tile cur oration, individu etc. i +•h 'ns the prope(i �}r. ft- CA 3. Priuit omier'Signins official (per: on legally responsible for the property and its compliance) Name Title: � 2 Z. ��__t.�. - -- ------- - - - - -_ Street address: City. State. Zip: ___— _-- _ - - -_- Teleplione: Awl Fax: 11 3 Contact person xvho can answer questions about the proposed project: Les h c Inge j)6,/,e "Mc".y. ' Verslon 6: July 2009 Telephone: Far, Email: 4 Project naive (Subdivision, plans, specification., lettgr. Project location: Street address - C.ity. State. Zip: County: Latitude/longittrde: Of establisluitent name - consistent with project name on Lion and n ntenance aereentents, etc.). S4 iviS;0'.. e' C.�K Lem; l 6. Date property was purchased: t1a I oq ato j b Directions to site from nearest major intersection (.attach an 8 '-_ x 11 copy of the USGS topo�waphic map indicating the location of the site) S. Stream to be inipacted by the proposed activity. Stream name (for unnanield. streams label as "UT' to the nearest named stream): Sw i T��•I,�f'1 9. Much of the following pennrts.`approvals will be required or have been received already for this project? Required: Received- Date received. Permit Type. CA14L-k Major ,r} CAMA Armor 401 Catifieatiou.•404 Permit Urn -site Wastewater Peinit NPDES Permit (including stonriwater) Non- discharge Pernnit Water Supply Watershed Variance ErosioniSedunantation Control Others (specifj ) Part 2: Proposed Ac"I" DETAICE D /l d"CAIrk tPlease include attaclnnents #itlS�V�Orovkled is iusrrffiu ennt. Description of proposed activity [Also, please attach a map of .-uifficient detail (such as a plat map or site plan inn Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carryiri, out the activity, the location and dunension of any disturbance in the riparian buffers associated n•ith tine activity. and the extent of riparian buffers on the land. Include the area of buffer impact hr ft'.: Se-e, a` ` o�- Tbr+ 2— a-4a^ hed V anance Request Fonn, page 2 Ver9 on 6 Rdy 2009 r` 2 Fill in the table below to identify the square footage of impact to Zones 1 .It 2 in the protected riparian buffers and the required mitigation (Fall in the impacts portion of the table, even if mitigation is not required): $Zone 1 extends out 30 feet perpendicular 6om the most landward liutit of the top of bail- or the rooted herbaceous vegetation. Zone 2 extends an additional 20 feet Bom the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better nunbuize or elinunate disturbance to the riparian buffer: 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 dif ise flow, re- planting vegetation or enhancanent of e%istin, vegetation, etc.) Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule_ (2) Ho«, these difficulties or hardships result from conditions that are unique to the property involved. Variance Request Fonu, page 3 V ersi on 6 July 2009 Buffer Impact Zone of Impact in Nunber Purpose for Multiplier Required Required Innpact Square Feet (Indicate on the Impact Plan Sheet) Zone 1 17 M004i C'n 3 WIA Zone 2 M h► 1.5 qO D Total I AaOO $Zone 1 extends out 30 feet perpendicular 6om the most landward liutit of the top of bail- or the rooted herbaceous vegetation. Zone 2 extends an additional 20 feet Bom the edge of Zone 1. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better nunbuize or elinunate disturbance to the riparian buffer: 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 dif ise flow, re- planting vegetation or enhancanent of e%istin, vegetation, etc.) Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule_ (2) Ho«, these difficulties or hardships result from conditions that are unique to the property involved. Variance Request Fonu, page 3 V ersi on 6 July 2009 hardships and the proportion of the hardship to the entire value of the protect. Part 3: Stormwater 1 Provide a descr iption of all best management practices (BNIPs) that will be used to control nutrients and sedunentation impacts associated with the proposed activity. Please ensure to include all applicable operation & maintenance agreements and worMicets for the proposed BMPs. Also. include the BMPs on vour Dian sheets. 3. Attach a description of how diffitse flow will be maintained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worLsheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan Meets - 3 What will be the amnia nitro ,een load contributed by this site after development in pounds per acre per year without tr ucttt al BAPS (storrnwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stomrwater BhlPs. Drainage Size of Post- dAtelopumst BIMP nitrogen Fbial FY►tal basin draftmge ►dtrogen6 WOW romet al nitrogen6 ►dtroge►t6 basfie rats. wltlio►tt 01474719 loading rate loading Me) (Ibs'ar.)7) ( °•b) (lbrae,)7) from drainage basfit b 1 AJ 1.4 MIA AJAA AIIA 3 4 s TOW Attach calculations mtd r gferences. S attach calculations and inferences 6lnchule Phosphorus in the Tar=Painhw Bamn 4. Attach all applicable supplement forms) and hispedion aid Maintenance (I&rvf) Forni(s) to this completed application. The applicable supplemental fomn(s) and I&M forni(s) for the proposed BAJPs noted in your application can be downloaded front the following website: htta :'4i3o.em-.stateiic.us'su4)nw fomvs.lihn Vanance Request Fonn, page 4 Vem on 6 July 2009 Part is Proposed Impacts and Mitigation Provide a description of holy mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242 T for the Neuse Basin and 15 A NCAC 2B.060 for the Tar - Pamlico Basin. V ee 'O...- a ��,.. �e I.�' a,� cam, ,,.al+�.. {�� re3�„e. e• If b r restoration is the method vu are requ sting, a sure to chide a detai d 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 red oration can be downloaded at the following website: http: % nceep .netrnews /reportsibiiffers.pdf If paynient into a buffer restoration find is how you plan to achieve your mitigation requirement, then include an acceptance letter from the rnnitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 5: Deed Restrictions By your signatu re in Part 6 of tins application, you certify that all structu i al stonmyater BTvs required by this variance shall be located ii recorded stor iwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without conctmeance from the State, and that the easements will be recorded prior to the sale of any lot. Part 6: Applicant's Certiflcation 1. 1A 1 J;&4",,- 1. Item 2). certify t project will be constnri accordance with Part' 5 Sisarahrre: Date: Title: Part 7: Plan Sheets 00— (print or type name of person listed in this permit application form is conect, that the )roved plans and that the deed restrictions in th all required pennit conditions. Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdt) format on a CD or floppy disk W-e did #bike 7kt /�l. � w� ®pSfi6lf w %T►ti. �'�.,rs vc'uR�frt� Sig. -� s0v--V.0 P y Vanaace Request Form, page ; Vers on 6 hdy 2009 Part 8: Checklist A connplete application submittal consists of the following connponents. Incomplete submittals will be returned to the applicant. Tlne 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 tine necessary information has been provided :applicant's Item Ldtials __L _ _ • Original and tvt.-o copies of the Variance Request Fornn and the attacluuents listed below. ;-'W • A vicinity snap of the project (see Part 1, Item 5) we _ law try • Narrative demonstration of tine need for a variance (see Part 2) __ / _ • A detailed narrative description of stornnvater treatment ina -ement (see Part 4) twok • Calculations supporting nitrogen (phosphorus in die Tar - Pamlico Basin) loading estimates (see Part 4) Nia �e • Calculations and references supporting nitrogen (phosphorus in tine Tar - - Pannlico Basin) rennoval from proposed BWs (see Part 4) • Location and details for all pi oposed structural stornnwater BNiP: (see Part 4) — - - • Three copies of the applicable Supplennent Forn(s) and k&Ni Forms) for errch I A BNIP and`or nan•ativ a for ench innovative BMP (see Part 4) -- A • Three copies of plans andspecifications. including- 0 DevetopnnentiProject nanne 0 Dignieer and firm 0 Legend and north arrow 0 Scale (1" = 50' is preferred) 0 Revision number & date 0 Niean high water lire (if applicable) Lr —__ . 0 Dimensioned propertyfproject boundary = j_= C Location neap with named streets or NC State Road nunnbers � 0 CA•r,inal contours, proposed contours, spot elec;rtions, finished floor elemitrons _ 0 Details of roads. parkin,, ctrl -de -says, sidewalks. and club and glitter 0 Footprint of any proposed buildmgs or other structures �0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off - site), drainage easements, pipe sizes. rwnoff calculations Ly -i 0 Drainage basins delineated 0 Perennial and inteynnitternt streanns, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streans, ponds, lakes, rivers and estuaries v ) HOolw -,E�c� a�,� �ei�•l,� /•� d +�e�pe�� %«�, G�1� V,4e w'PvU'� � � P 1. ti✓ �.� G1wV ehr•ro 1 f A-Cca / Tb--s--4* r.T K t e d yJ Y N'ariaice Request FomL page 6Cay` Versiou6 Tidy 2W Pv'ovi�t Cery � eN,••e►1� �rbV,�,`� epnsu��c sand did nod' hax ckxwss -to all ��- ddoo eon CAOrdrnd�, e es and �.1� 1, ► ou ma Dte , -pteOM assn s u s i n. an W uu can y -� y J Minor Variance Request Form (Neuse Goatscaping, Inc.) Part 2. Proposed Activity 1. This activity involves the trimming, cutting and above - ground removal of noxious weeds and vines, invasive vegetation and over populated early succession natives from Zone 2 of the Neuse Riparian Buffer using a small herd of 10 -20 brush goats. The soil is primarily clay mixed with rocks. The goat service is being provided Neuse Goatscaping, Inc., an affiliate of Rent -A- Ruminant, LLC. Goats will be used as the primary method of cutting the dense vegetation and small woody debris to a level that is manageable by the land owner. The goats will be allowed to forage on the debris for a maximum of 7 full days and will be enclosed in an electric netting fence that reaches up to 8000 volts. The fence and the goats are a temporary activity within the buffer. 2. See table on application 3. This plan/activity is, by itself, providing minimal if any long term disturbance to the riparian buffer. This activity has the ability to enhance the function of the buffer rather than compromise the function. All of the goats are light in weight at approximately 40 -65 pounds or less. The proposed area is predominately covered in a thick leaf mat. Additionally, goats do not pull plants up from the roots when they forage. Instead, they graze on the tops of the plant and will usually leave stems about 2 -5 inches above the soil surface, leaving the vegetative root systems intact. In most cases, resprouting occurs in just a week or two. With all of these factors listed above combined, the potential for soil erosion is minimal, but the expectation is that the goats will have no impact on soil erosion due to their light weight and the presence of the thick leaf mat. After the activity is completed, the vegetation in Zone 2 will be allowed to regenerate on its on for at least 30 calendar days without any grazing. It is anticipated that native hearty woody saplings will have the ability to grow without having to compete with the invasives and noxious weeds that are present. Additionally, the feces of goats is not expected to have any impact on water quality. Goat feces are not formed in piles like other larger livestock, but rather in small pellets which allows for even distribution throughout the area. The goat feces could be considered a "slow release" organic fertilizer, except its 100% natural. Goats are eating only leaves, grasses and bark. Therefore, the feces produced by goats is not expected to be a pollutant to water quality and is probably much better for the vegetation and water quality than applying a one -time commercial organic fertilizer, which is allowed in the riparian buffer. Page 1 of 2 4. Goatscaping is used in NC as well as many other states across the country and is considered to be a sustainable, green and environmental friendly practice compared to commercial lawn mowers, tractors, and herbicides. Airports, naval bases, and state parks are already using goatscaping as a means to control unwanted and noxious vegetation. Goatscaping alone is a best management practice as described in detail in number 'T' above. 5. (1) The landowner desires to use a sustainable and green management practice to temporarily control the invasives and noxious weeds and vines from Zone 2 of the Neuse Riparian Buffer. Additionally, the overwhelming amount of poison ivy and vines make it an unsafe place for his grandchildren to play. The landowner enjoys nature and would like to safely access this wooded area. Goats love to eat poison ivy and it doesn't bother them. Using goats to remove poison ivy is a better alternative than removing it manually. If not allowed to use the goats provided by Neuse Goatscaping, Inc., not only would the landowner be expected to choose a less sustainable and green method to control the vegetation, but if done manually he would most likely have to deal with the aftermath of being exposed to poison ivy. 5. (2) The area to be goatscaped is on a steep hill. It is difficult and unsafe to manually manage. Goats work safely and efficiently on steep hills and are a good candidate for this site. Using lawn mowers would not only be extremely unsafe to use, but could soil disturbance. Poison ivy is very populated in this area, posing even more of a hazard with manual removal of vegetation. 5. 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Results for Item Number 1 Ncpin 165600 -21 -5413 Mapsheet No 1656 Owner Names CASE REVOCABLE LIVING TRUST Owner Name2 CASE, VALLJAM ) CO- TRUSTEE Mail Addressi 62 LEATHER OAK TRAIL Dail Address2 Mail Address3 CLAYTO14 NC 27520 -0000 Site Addressi 162 LEATHER OAK TRL Site Address2 CLAYTON NC 27520 - Book 103907 v B lio 220 3JO A 5t