20130570 Ver 1_Pre-App Mtg Info_20130513

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild. P.E. Dee Freeman
Governor Director Secretary
Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This fonn may be photocopied for use as an original.
Check the appropriate box below:
Li Major Variance
LI Minor Variance
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/adnun/t-naps .)
Li Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
u 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):
Byron and Jessica Trimmer
2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: Byron and Jessica Trimmer
Title: Homeowners
-------- - - - - -- - - - - - - --
Street address: _ 8909 Oxbridge Ct
City, State, Zip: Raleigh, NC 27613
Telephone: 919 ) 676 -3878
- - -- - -- ------...------
Fax: ( )
3. Contact person who can answer questions about the proposed project:
Version 6: July 2009 (�'

Name: Byron and Jessica Trimmer
Telephone: [phone]
Fax:
Email: btrimmerl Cc wahoo.com
4. Project name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Trimmer Screened Porch and Deck Addition
5. Project location:
Street address: 8909 Oxbridge Ct
City, State, Zip: Raleigh, NC 27613
County: Wake
Latitude /longitude: 35° 54'6" N 780 41'38" W
6. Date property was purchased
6/13/2006
7. Directions to site from nearest major intersection (Attach an 8 '/z x 11 copy of the USGS
topographic map indicating the location of the site).
From the intersection of Creedmoor and Strickland Rd, go south on Creedmoor
turn right on Brennan Drive, turn right on Wellsley Way, turn left on Kennebuck Ct
_turn left onto Oxbridge Ct, it is the 3rd house on the riaht.
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Hare Snipe Creek
9. 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
Erosion/Sedimentation Control
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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
associated with the activity, and the extent of riparian buffers on the land. Include the area of
buffer impact in fe.:
This is a proposal to expand and screen in an existing deck attached to the
Variance Request Form, page 2
Version 6 July 2009

house at 8909 Oxbridge Ct. The existing deck will be removed, and a new
deck/porch in 3 sections will be built The smallest section will be a screened
porch (-15'x 17'), and two additional deck sections will be added (-16'x 16).
This will impact —400 sa /ft of Zone 1 buffer bevond the exisitina deck/stairs /patio.
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):
*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.
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:
This is an expansion of an existina deck alreadv within the buffer. The
house and most of the land on the property is already within the buffer, so
any changes to the deck's size or orientation would not reduce the amount
of Zone 1 impact.
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.):
Erosion control material (rip -rap) will be placed under deck surfaces.
New plants will be put in around the desk to enhance the vegetation buffer
Gutters will be installed on the roof line and run off will be directed into a
diffuse water system.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule
Due to the stream's location and the size of the buffer. the entire lot agDears
to be within Zone 1 and 2 (zone 1 being right up to the back of the house).
Strict application of the rule will make the lot unusable without a variance
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The hardships are unique to this property and two others on the same side
of the street due to proximity of the stream to the center of the lot.
Variance Request Form, page 3
Version 6 July 2009
Buffer Impact
Zone of
Impact in
Number
Purpose for
Multiplier
Required
Impact
Square Feet
(Indicate on
the Impact
Mitigation
Plan Sheet)
Zone 1
400
Deck
3
1200
Zone 2
0
1.5
0
Total
400
1200
*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.
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:
This is an expansion of an existina deck alreadv within the buffer. The
house and most of the land on the property is already within the buffer, so
any changes to the deck's size or orientation would not reduce the amount
of Zone 1 impact.
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.):
Erosion control material (rip -rap) will be placed under deck surfaces.
New plants will be put in around the desk to enhance the vegetation buffer
Gutters will be installed on the roof line and run off will be directed into a
diffuse water system.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule
Due to the stream's location and the size of the buffer. the entire lot agDears
to be within Zone 1 and 2 (zone 1 being right up to the back of the house).
Strict application of the rule will make the lot unusable without a variance
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The hardships are unique to this property and two others on the same side
of the street due to proximity of the stream to the center of the lot.
Variance Request Form, page 3
Version 6 July 2009

(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.
Economic_ Hardship is neither_ the prdmary� nor the major consideration of the
hardsh'
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.
Due to the size of the lot and the location of the stream on the property, there are no viable BMPs
that can be implemented on this property. It is my intention to use rain barrels with the new
gutter being installed to harvest rainwater and direct overflow into existing natural areas.
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.
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.
Drainage
Size of
Post - development
BMP nitrogen6
Final
Final
basin
drainage
nitrogen6 loading
removal
nitrogen6
nitrogen6
basin
rate without BMPs4
efficiencys
loading rate
loading
(ac)
(lbs/ac/yr)
(%)
(lbs/ac/yr)
from
drainage
basin lbs
1
0.46
2.132
0
2.132
0.98072
2
3
4
5
Totals
- - - - --
- - - - --
- - - - --
4 Attach calculations and references.
S Attach calculations and references.
6Include Phosphorus in the Tar - Pamlico Basin
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 : //l12o.eiir.state.nc.us /su/bmp forms.htm
Variance Request Form, page 4
Version 6 July 2009

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 Neuse Basin and 15A NCAC 213.060 for the Tar - Pamlico Basin.
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: htty: / /www.neeei).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.
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.
Part 6: Applicant's Certification
I _Byron and - Jessica Trimmer_ _ (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:
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, page 5
Version 6 July 2009

Part 8: Checklist
A complete application 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
4)
• Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin)
loading estimates (see Part 4)
• Calculations and references supporting nitrogen (phosphorus in the Tar -
Pamlico Basin) removal from proposed BMPs (see Part 4)
• Location and details for all proposed structural stormwater BMPs (see Part 4)
• Three copies of the applicable Supplement Form(s) and I &M Form(s) for each
BMP and/or narrative for each innovative BMP (see Part 4)
• Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (I" = 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 6
Version 6 July 2009

To Whom It May Concern:
My name is Byron Trimmer and I am a home owner at 8909 Oxbridge Ct, Raleigh NC. I am in the
process of applying for a Major Variance to the Neuse River Buffer Rules for a project to expand and
enclose a portion of the deck currently in existence at my house. In filling out the forms for this
variance, I have learned a great deal about the Riparian Buffer rules and the impacts they have on
existing developed property. I am asking for a Variance based on the following factors:
1) The property was deeded prior to the Neuse River Buffer Rules being implemented. Due to the
location of the stream on the property, the house and most of the land (- 60 -70%) is located
within the Riparian Buffer. This being the case, the land is now "non- developable" without a
Variance. If the property was deeded today, it would in all likelihood be considered "non -
developable" for the same reasons. While a drainage easement and all city easements are
noted on the land survey, no mention of the Riparian Buffer is mentioned.
2) After reading through the Major Variance forms and the BMPs for Stormwater and nutrient
treatment, the information and all examples provided appear to be intended for the
development of large parcels of land and toward new construction where effective (both from a
function and a cost perspective) use of the BMPs can be made. The lot in question is only 0.459
acres of land with -135' of stream. According to the Variance form, the total Stormwater
impact over and above the existing use will be approximately:
i. Q =C *I *A where C =1 (sloped roof), I = 1.49 (NOAA), A = 0.46 ac
ii. Q =1 *1.49 *0.46 = 0.6854 cfs
And Nitrogen Nutrient increase will be approximately:
i. 2.132 Ibs /ac /year
Total lot size: 20037 sq ft
Total Impervious ground cover (existing): 3041 sq ft
Total Impervious ground cover (post project): 3441 sq ft
Existing Nitrogen Load: Open Space (existing): 0.3902 ac * 1.2 Ibs /ac /yr = 0.4682
Impervious (existing): 0.0698 ac * 21.2 Ibs /ac /yr = 1.480
Total (Existing) = 1.480 +0.4682 =1.948 Ibs /yr
Post Project Load: Open Space: 0.381 ac * 1.2 Ibs /ac /yr = 0.4572
Impervious: 0.079 ac * 21.2 Ibs /ac /yr = 1.6748
Total (new deck) = 1.6748 + 0.4572 = 2.132 Ibs /yr
Difference (New vs Existing) = 2.132 -1.948 = 0.184 Ibs /yr
* ** This is well below the target for all new development (3.6 Ibs /yr)
3) The BMPs for treatment of storm water and nutrient removal listed within the NCDENR BMP
handbook all require one of the following:
a. Implementation BEYOND the existing buffer (impossible due to the location of the land
within the buffer)

Appendix C: Nitrogen Export Calculations (see Neuse River Basin: Model Stormwater
Program for Nitrogen Control)
Figure 2a: Method 1 for Quantifying TN Export from Residential Developments when
Building and Driveway Footprints are Not Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Determine the TN export coefficient associated with right -of -way using Graph 1.
Step 4: Determine the TN export coefficient associated with lots using Graph 2.
Step 5: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and
enter in Column (4).
Step 6: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 7: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(1)
(2)
(3)
(4)
Type of Land Cover
Area
TN export coeff.
TN export from use
(acres)
lbs /ac/ r)
lbs/ r)
Permanently protected undisturbed
0
0.6
open s ace (forest, unmown meadow )
0.6
0
Permanently protected managed open
0.381
1.2
0.4572
space (grass, landscaping, etc.)
1.2
Right -of -way (read TN export from
21.2
Graph 1
0.079
1.6748
Lots (read TN export from Graph 2)
* * see Graphs on following page * *
Figure 2b: Method 2 for Quantifying TN Export from Residential / Industrial / Commercial
Developments when Footprints of all Impervious Surfaces are Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter
in Column (4).
Step 4: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(1)
(2)
(3)
(4)
Type of Land Cover
Area
TN export coefficient
TN export from use
(acres)
(lbs /ac/ r)
bs // r)
Permanently protected undisturbed
0
0.6
open s ace (forest, unmown meadow
0
Permanently protected managed
0.381
1.2
0.4572
open s ace ass, landscaping, etc.)
Impervious surfaces (roads, parking
21.2
lots, driveways, roofs, paved storage
0.079
1.6748
areas, etc.
TOTAL
0.46
-
2.132

Graphs for use with Method 1: Residential Sites with no (mown building footprints.
Graph 1: Total Nitrogen Export from Right -of -Way
25, 0
20.0
15.0
c_
10,0-
x
W
Z
0.0
0`1e 20% 40% 60% BCI% 100% 120`1c,
Percentage of Right -of -Way that is Pavement
Graph 2: Total Nitrogen Export from Lots
Total Nitrogen Export from Lots
12.00 . —
'•0.00
N
t�..).!
r 400
I
2.00 r
A
0.00
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32
NurM" of Dwelling Units per ACr9

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CURVE TABLE
# RADIUS DELTA LENGTH
CH.BEARING DISTANCE TANGENT .
��
LEGEND
O
Storm Sewer Manhole
Cl 45.00' 31'07'27" 24.44'
541'40'11 "W 24.15' 12.53'
'�
O
Sanitary Sewer Manhole
a
Concrete Monument
N�f
Now or Formerly
Power Box
o
Telephone Pedestal
o
Coble Television Pedestal
1
Power Pole
Light Pole
AC
Acres
BOM
Book of Mops
/
N.T.S.
ips
Not To Scale
Iron Pipe Set ✓
/
eip
Existing Iron Pipe✓
Line Not Surveyed
/
R/W
Right —of —way
irk /
STONEHENGE VIII
cp
Computed Point (Not Set)
N /
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SITE 1
OXBRIDGE COURT
I
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oxeroo¢ Q$ I 50' R/W
y p„rfE
Reference: Lot 1278
Sec. Pt. _ Blk. _ Ph
VICINITY MAP STONEHENGE 18
N.T.S. — — Map Bk. 1994 Pg. 213
Map Bk. Pg.
SCALE Deed Bk P
30' 0' 30' 60' . —LUiW-
I Property Of
I, Lorry I. Chasok, certify that this map is
correct and that thq „aµ�gings lie wholly on
the lot and thp<e�grlq p ' Ro%p i$ible
easements 2�`i� *y knpwle
BYRON E. TRIMMER
JESSICA W. TRIMMER
t
8909 OXBRIDGE COURT RALEIGH, N.C.
Date:
vep i = LI369 06 -13-06 Larry I. Chasok, Professional Land Surveyor
0 ^,�'� Scale: 705 Wesl North Street
I. C �P . 1 ° =30' Raleigh, North Carolina, 27603
File: (919) 834 -9855
0617
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