20160875 Ver 1_Major Variance_20160908

Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources
401 & Buffer Permitting Branch
Department of Environmental Quality
2321 Crabtree Blvd
Raleigh, NC 26604-2260
Ms. Burdette:
Belinda Keever
8005 Falling Leaf Court
Raleigh, NC 27615
September 9, 2016
I
SFP082016
2 0 1 6 0 8 7 5
Attached is the completed Form VAR 10-2013 Variance Application for my home at 8005 Failing
Leaf Court Raleigh, NC 27615. While completing the application I uncovered some issues unique to this
property that are not easily covered in the application, but should nevertheless be taken into
consideration when determining the required mitigation.
Reason for the Pool
I have a special needs granddaughter, Jenna (age 7), that has a rare chromosomal defect PWS
(Prader Willi Syndrome) that causes low muscle tone and behavioral issues. At this point, modern
medicine has done all it can for Jenna. It is up to me to help Jenna in any way possible. Her doctor
suggested swimming as a form of exercise that is possible for her. The public and neighborhood pools do
not provide a workable alternative (calm environment) for Jenna. Since she lives with her parents only
three blocks away from my house in the same neighborhood (but there is no room for a pool on their
lot), I decided to install the pool for her use. She often swims three or four days each week in the pool. I
did purchase a heater for the pool so that her swimming season can be extended. However, the heater
remains uninstalled due to the buffer violation and consequent ceasing of construction.
History
The house was constructed in 1984 and purchased by my parents in 1988. The Neuse River
Riparian Buffer Rules were placed in effect more than fifteen years later. At no time were my parents
made aware of the rules because the sale pre -dated the buffer rules. As indicated on the latest survey,
the garage corner of the house is located inside of the 50 foot buffer. If the house was constructed
today it would be located a few feet closer to Falling Leaf Court. Also, there is a 50 foot buffer on the
side of the house for another stream that the stream behind the house runs into. In all, about 90% of
the back -yard and 50% of the side -yard are covered by the buffer laws.
Acquisition of the Property
In the application on page 6, Item 4, 1 am asked if I knew of the Buffer Rules when I acquired the
property; the answer is no, because this was an estate transfer not a purchase brokered by a real estate
agent. My father passed away in January 2015 and I purchased the property on March 26, 2015. It is
my understanding that, in a brokered sale, one's realtor is responsible to make you aware of the buffer
rules. To repeat, in this instance there was no realtor involved. Neither was there a financial institution
involved in the transition. But most importantly, a survey was completed and the buffer zone was not
indicated on the survey. Why was that not included on the survey in 2015? 1 don't know. But, as a

Jennifer Burdette, September 9, 2016
Page 2
result of having to make this application, I contracted for a new survey (included in the application) that
indicates the buffer zones.
Pool
The project causing buffer impacts is an 18 ft x 33 ft oval-shaped above -ground pool and a 3.5 ft
deck around the pool. On page 4, Item C 1, the "permanent" box is checked. However, I do not consider
an above -ground pool to be a permanent fixture (i.e., it is not a building.) No financial institution would
consider it to be a permanent addition to a house. The surrounding deck could be considered a
permanent fixture but, without the pool, who would want a deck with a 33 ft x 18 ft hole in it? The deck
would probably be removed once the pool is removed.
Should the surface area of the pool be considered in the storm water runoff totals? It catches as
much rainwater as the area as it displaces. At the beginning of the summer when we had so much rain
and, more importantly when Crabtree flooded, the pool collected 100% of the rain water for its area and
none of that was discharged into the yard and stream buffer.
Storm Water Mitigation
I have attached a plan for two rain gardens if I am required to construct them. One garden
collects runoff from the front portion of the house roof; the other collects runoff from the back portion.
Since the house pre -dates the buffer rules, I question why I have to do this when there are hundreds of
other houses in the community that pre -date the buffer rules; they are not being required to construct
rain gardens.
But, if you do require me to construct them as part of my buffer impact mitigation, I would like
to apply for a variance for the rain garden behind the house. As previously stated, the buffer zone covers
90% of the back yard and the rain garden would consume much of the remaining 10%. It would also
prevent any access of yard maintenance equipment to the backyard without damage to the garden.
This presents a hardship to the property. As depicted in the survey, the topography of the property
prevents the rain gardens being located anywhere else.
Since I am already buying buffer credits to mitigate for my buffer impacts, I maintain that this is
all that I should be required to do since the house construction pre -dates buffer rules.
My basic issue is whether the surface area of the pool should be considered as impervious
surface in the stormwater runoff calculations. DWR staff have directed me to include the area of the
pool in both the stormwater runoff calculations and the mitigation calculations. I have no issue with the
latter since vegetation cannot grow in a pool (or underneath a deck.) However, I do not agree that the
surface area of the pool should be considered as impervious surface for stormwater runoff purposes
since the pool catches as much rainwater as the area it displaces and that water does not contribute to
runoff. For instance, at the beginning of the summer when we had so much rain and, more importantly,
when Crabtree Creek (and Crabtree Mall) flooded, the pool collected 1000 of the rainwater, and none
of it was discharged into the yard as runoff. Therefore, I hereby request that the NC Environmental
Management Commission not require stormwater treatment for the area of the pool (577 square feet)
but rather only for the area of the deck (635 square feet).

Jennifer Burdette, September 9, 2016
Page 3
If stormwater treatment is required by the NC EMC, I will construct the rain gardens myself
using the DWR Stormwater Manual for Bioretention Areas (NCDENR Stormwater BMP Manual, Chapter
12.) Construction will be completed by March 31, 2017.
One point as to the construction of Rain Garden #2. You cited the NCSU & NCA&T NC
Cooperative Extension document for Backyard Rain Gardens as the reference to go by when
constructing the garden. In the "Quick Steps to Building a Rain Garden" on page 5 under STEP I "Locate
the Rain Garden"it says "Locate at least 10' away and downslope of the house foundation." This in
effect could eliminate the area for Rain Garden #2. 1 may need further guidance after the variance is
granted.
Once the gardens are constructed, I will notify Ms. Jennifer Burdette of DWR in writing so DWR
staff can inspect the rain gardens if they so choose.
Thank you for your consideration in this matter.
Sincerely,
d&
Belinda Keever

State of North Carolina
Department of Environment and Natural Resources
&..� Division of Water Resources
Division of Water Resources
15A NCAC 02B.0233 (8)(b),.0243 (8)(b),.0250 (11)(b),.0259 (8)(b),.0267 (11)(c),.0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 02B.0233)
9 Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 02B.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 026.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 026.0606 & 15A NCAC 02B.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
2.
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name: eL-1)4pa :R Kc i v e r
Title: t'IJ , e 0,.JJ & (Z -
Street
Street Address: J O O 5 FA 11;'1n Lc.. J C,4zi
-
City, State & Zip: _ ci e �%? �) �- Z-% (o l S
Telephone: ( 9 -7 8I' 2-43
Email: _ 291 L, 1° (2 POL.c_o,,,
FORM: VAR 10-2013

3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
City, State & Zip:
Telephone:
E-mail:
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
�nv1 e— Gr-", c( t o bL-
5. Project Location:
5a. Street Address: 8005 �c,, L Ll N q._, L eo, �P C
City, State & Zip: ''7 G E' 1 q 4 C, Z ?G
5b. County: W Q K L-
5c. Site Coordinates (in decimal degrees): S Ya X54 155_1 Latitude W 39 . 10 r Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5EC A 11"ac11ec 4V �
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
p C—ojesite c V,
6. Property Information:
6a. Property identification number (parcel ID): l—E�V-gr] EI,D Ncero S `JA lul-sia•
6b. Date property was purchased: 3'Zfv -'jb 15
QT' I�S(oQ
6c. Deed book 0I J3 1(PC) and page number 011cd Z See �L �
6d. Map book 19 gt) and page number (1gI �c
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
❑ YES ig NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
2
FORM: VAR 10-2013 Page 2 of 6

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PIN: 1707684389
PIN Ext: 000
Real Estate ID: 0125909
Map Name: 1707 07
Owner: KEEVER, BELINDA R
Mail Address 1: 8005 FALLING LEAF CT
Mail Address 2: RALEIGH NC 27615-5111
Mail Address 3:
Deed Book: 015960
Deed Page: 01182
Deed Date: 03/26/2015
Deed Acres: 0.39
Building Value: $244,420
Land Value: $120,000
Total Value: $364,420
Billing Class: Individual
Description: L087 SUMMERFIELD NORTH
SC2 PH3B BM1983 -00099
Heat Area: 3319
Site Address: 8005 FALLING LEAF CT
City: RALEIGH
Township: House Creek
Year Built: 1983
Sale Price: $327,500
Sale Date: 03/26/2015
Use Type: SINGLFAM
Design Style: Conventional
Land Class: RES 10 AC
Old Parcel Number: 324-00000-0890
0 25 50 100 ft
1 inch = 50 feet
Disclaimer
Maps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

8. Directions to site from nearest major intersection:
MOQIJII� DCQ COn�i n �,. cr +`'12 ntcUcC 60. O 02(U1 Ac, i�oV C1
O� Decr'�tr-,
oQ) Qr r +ra, �, �� v (00417J,$ CAO 2 ^I1)) C)r"I �-�I �ncl eco C
Sic � ehe o(S rs4 uPIC
9. Stream associated with riparian buffer to be impacted by the proposed activity: v I
Name Water Quality Classification
6. TD i�1� Cree
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose: II
4\.< bk(Ae bL %M -)A Ck i L I_,. Spec I- C' l n c e c;S . Svi c- cl e e -61,S 4, C �J
a� �v, -S cn CN o �Owylc 5w►�rn. ' h. a aQ�
Nil a o L- +o rn e e. -"V1 r �(Q r �y��s . CoU c L,
5C -L- �Ja �rr`o-�-, dC��1tX of IGc,� e -J l ATTACH
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensions
0 Adjacent streets and roads labeled with names and/or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ft' on the plan)
FORM: VAR 10-2013 Page 3 of 6

SUBJECT PROPERTY IS__ IS NOT X LOCATED IN A SPECIAL FLOOD K#ZARD AREA AS DESIGNATED ON FEDERAL
EMERGENCY MANAGEMENT AGENCY (F.E.MA) FLOOD INSURANCE RATE MAP
NUMBER ­3720170700J ZONE X
OLD Dm 7RL ALL EASEMENTS AND FLOOD PLAIN ARE SCALED
* FROM BM 1983. PC 99
VICINITY MAP CREEK BANK LOCATION FOR RIPARIAN pG
N.T.S. BUFFER ESTABLISHED BY JOHN ODRNEY 19
p EXISTING IMPERVIOUS AREA- 4,043 S.F.
SItE Sp 578 S.F. OF POOL NOT INCLUDED IN TOTAL
PROPOSED DECK IMPERVIOUS AREA. 257 S.F.
SUMMERFIELD NORTH SUED.
MH BM 1983, PC 837
LOT 89—
CROWN OAKS SUBD.i STORM DRAINAGE EASEMENT
BM 1984, PG 1657 IV 10
N 16'52'40" E 92.04'
LOT 30 �/
y Ym, EIP � �UVK OF CREEK EIP
WOENC
. v►
100 YEAR FLOOD -�D
PLAIN a,0 OfyE��
NIP
/ /REUSE RIVER
/ RIPARIAN BUFFER
tici cp / �\\
`O A 7\ 43.5'
0.34'
BOOL �F4.2'
.� .9' PADS
' _DEEC& _ C {n �
K ^
-0 25.5
n 26.4' a 4
TWO STORY BRICK 'R Io
�i 1r
41.7' 1O25.5'
STOOP 0.27'
O
O ,
o � \
- J T
LOT 87 - tc o.- ---1c
WALK
O
LOT 86 \�O \
0.36 AC. "e 1 CONC. I
DRIVE
,\
I
LOT 88
GRAPHIC 9CALB
1 T
I 1
15�1P
, I 59.39 1 (
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90.DD' TO A PONT
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( 1N FBET )
COLUMN
OLD DEER TRL
I inch . 90 It.
\\ L= 21.03' 1 EIP
PLAN INFORMATION BLOCK
R= 25.00'
$ 16'56'51" W 39.10'
FALLING LEAF COURT
MH ZONE -1 50' R/W
ZONE -2
DECK. 175 S.F. DECK. 458 S.F.
POOL• 282 S.F. POOL • 296 S.F.
ALL CONSTRUCTKN SHALL BE DONE N DAN
ACCORCE
PROPOSED DECK. 187 S.F. PROPOSED DECK- 70 S.F.
WITH ALL CITY OF RALDOH AND NCDOT STANDARDS
TOTAL- 644 S.F. PUMP PADS. 11 S.F.
AND SPEOFICATOIS
STEPS- 4 S.F.
E -RECORDING OF LOTS 102 & 103
UPDATED 08/017/16 TO SHOW A.C• 4 S.F.
DECK, POOL RI A/46IN BUFFER TOTAL. 843 S.F.
SUMMERFIELD NORTH
AND PROPOSED DECK
SUBDIVISION
FIELD CLOSURE- 1: 37,931 Low
SECTION 2, PHASE 3—B
I� FOUND °.�"`
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RECORDED IN.BOOK OF MAPS __?983 -- PAGE--99WAKE COUNTY, N.C.
I, J" Y. PHELPS. 1Mt"' uxrrr 11Mr i19s MAr Is
COItlECf AIO :lE•1A1fOlFY
PROPERTY OF
ON 7K
OF
LCAT
BELINDA R. KEEVER
t_
8005 FALLING LEAF CT.
' 2e�'S aOHN Y. PIKLPO, aR.
03/26/15 / Pman>®p11AL LAW SURVEYOR
FS 14 5110 BUR OAK rJIADLE
9588 IEAlE1C14 NORM 1'AIAMNA► 27612 (919) 757 -ASS

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49
2on� 2 S4 9 Y 1.5 = 5i3•So
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ZONE 1
175
E�
PROPOSED
DECK
187
CPOOE)
282
ZONE 2
296
POOL
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ftTzAettMja3't 1
To whom it may concern:
Jenna Pierotti has Prader Willi Syndrome. PWS is a complex genetic
syndrome that results from an abnormality in the 15th chromosome. Jenna has
low muscle tone, motor development delays, learning disabilities, and a strict
diet. Jenna sees a dietician, therapists, and specialists on a routine basis.
Children with PWS also require behavioral modifications. Jenna has medications
that help manage these behaviors but can have difficulty in larger settings such
as a regular education classroom, public pools, malls, stores, any setting that has
large crowds and no fixed structure or routine.
Since Jenna has low muscle tone and calorie restrictions, exercise that
strengthens her core is very important. Swimming is recommended for Jenna
because her body becomes weightless in water (meaning that it is easier for
Jenna to move in water). At times, when Jenna gets tired she requires the use of
floatation devices in water. Jenna requires redirection and often does better in
smaller settings such as a private pool or private swim class with one on one
instruction.
at�
Oberlin Road Pediatrics
1 321 A Oberlin Road
11aleigh, NC 27608
919-828-4747
0

0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
0 Footprint of any proposed buildings or other structures
0 Discharge points of gutters on existing structures and proposed buildings
0 Existing drainage (including off-site), drainage easements, and pipe dimensions
0 Drainage areas delineated
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
S e e- �4-c-,G1 ed
Im
Buffer Impact
Required
Number'— Reason for Impact
Buffer
Zone 1 Impact
Zone 2 Impact
Permanent (P) or
Mitigation
!,nuare feet)
(square feet)
Temporary (T)
Required
(2 for Catawba only)
q �-
B1 - P ❑ T POO(_ 17C'C 14_
ifYes ❑ No
(D -f
5i'odi
B2 -❑P ❑T
❑ Yes ❑No
B3 -❑P ❑T
❑ Yes ❑No
Total Buffer Impacts
I S
'Label on site plan •
5C pip IICctihvn C°ver'lel-te- �_
K5t
,2Aier
Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.(
t'as-r,M eco 1n �cr
T o� e
l_A. ()o..k1 Q A -ID 2(1001*6� M� ka- k6 -
3a.
ar
3a. Is buffer restoration or enhancement proposed? ❑ Yes ®No
If yes, attach 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.
3b. Is payment into a buffer restoration fund proposed? #'Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits, available for the mitigation requested.
S ,?e a-y-�`CA--e�l mt_v-�
FORM: VAR 10-2013 Page 4 of 6
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 1'3
Co L4 14
(2 for Catawba only)
q �-
Zone 2
(11-49
1.5
Total Buffer Mitigation Required:
i, 5, so
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.(
t'as-r,M eco 1n �cr
T o� e
l_A. ()o..k1 Q A -ID 2(1001*6� M� ka- k6 -
3a.
ar
3a. Is buffer restoration or enhancement proposed? ❑ Yes ®No
If yes, attach 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.
3b. Is payment into a buffer restoration fund proposed? #'Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits, available for the mitigation requested.
S ,?e a-y-�`CA--e�l mt_v-�
FORM: VAR 10-2013 Page 4 of 6

k-r-(ACb-Ax0IsJ-r 19
fires
EBX Buffer Mitigation Banks
Statement of Availability August 30, 2016
NC Division of Water Resources
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604
Re Project: Lot 87 Summerfield North Subdivision
This document confirms that Belinda R. Keever (Applicant) for the Lot 87 Summerfield North
Subdivision (Project) has expressed an interest to utilize 2,785.50 Square Feet of Riparian Buffer
Mitigation Credits from one of the following banks, EBX Neuse Riparian Buffer Umbrella Mitigation
Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites that will be
debited will either be Arrington Bridge 1, Arrington Bridge II, Buffalo Branch, Selma Mill, Cedar Grove,
Ezell, and/or Hatley, all located in HUC 03020201. As the official Bank Sponsor, EBX, attests to the fact
that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1052 or cconder(a-)res.us if you have any questions or need additional
information.
Best Regards,
C4,4- /) eo�
Cara S. Conder
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605

D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
�^ n0 + 'R ac. Sc c�'a s(oo.S�rl Sqf
C
�r' Roo Seco•— - S(oc� �� S5 �a Rc,�wcJ�cTq�.l:cc�
Frcnc4� L- c.�',� Prot nal Qyol 11J%5C1.wt►rs c�ed e,re�, �ci2sG
%z- n tl �r1 rn
Ia. Show the location of diffuse flow measure(s) on your site plan. SC t^ G_"'Y" ,`,� l
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Sce flick--,,--, — -*-(0
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
2a. Show the location of BMPs on your site plan.
-4 -1 anal 2_
2b. Attach a Supplement Form for each structural BMP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of t applicable Buffer R le that shall make reasonable use of the property possible.
Se, Atl�crmirr L ec-
1),
FORM: VAR 10-2013 Page 5 of 6

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Bioretention Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept
in a log in a known set location. Any deficient BMP elements noted will be
corrected, repaired, or replaced immediately. These deficiencies can affect the
integrity of structures, safety of the public, and the removal efficiency of the BMP.
Important operation and maintenance procedures:
• Immediately after the bioretention cell is established, the plants will be
watered twice weekly if needed until the plants become established
(commonly six weeks).
• Snow, mulch, or any other material will NEVER be piled on the surface of the
bioretention cell.
• Heavy Equipment will NEVER be driven over the bioretention cell.
• Special care will be taken to prevent sediment from entering the bioretention
cell.
After the bioretention cell is established, I will inspect it once a month and within 24
hours of every storm greater that 1.0inch. Records of operation and maintenance
will be kept in a known set location and will be available upon request.
Inspection activities will be performed as follows. Any problems that are found
shall be repaired immediately.
1+

2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restrictions or other hardshipps (e.g. zoning setbacks, floodplains, etc). YqS tYpia c� �N `t�T stove- le e
Q�I n �.�u� e sr n t� i e
n y 11 �, el
cnn 1G W v e_ o
3. Explain ho he hardship results from ph sisal nature of the property, such as its size, shape, or topography, which is different
from that of �neighborin property.tf I
1 i 1 � l_ I /�
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4. Explain whether the hardship was caused b1f the applicant knowingly or unknowingly violating the applicable Buffer Rule.
LA n 14 11 (3-%3. n a I "-\ k') ► o t c,, � CJ +V1, - P.�,. irk r Z-, L >
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
O
6. Explain how the hardsFji is rare or unia to the applicant's pr perty, rather thn the result of conditions that are widespread.
LJ" Civ. � s
I., I'Y1L...- 6A eve la d T44Cr_Cr1+k\1 .
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage 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 sal1leof any lot.
G. Applicant's Certification ``
I , / SSE ¢cT7,P�CN MINT 12 ED?,
I, Tae.I in 4 C-• � fi �-' ey e � (print or type name of person listed in Section A, 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 Section F of this form will be recorded with all required permit
conditions. .-
Signature: R' 4 zw�&
Date: q3 t I �
115
FORM: VAR 10-2013 Page 6 of 6

�'�,;i
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i
8rie1`iler"O" i* hideac: Lot 67, BM 1083, Pop K Wake Counly NC
Mail Alter Reaardlr►8 To: SM F9I11rQ L ml Curt, Raleigh, NC 27US
STATE OF NORTH CAROLINA
OOUt rff OF WAKE
DFCGARATION OF NCE
OF STREAM & BUMIt RWUI ATIONII FOR
Lol 87, Summerfield Norlh Subdivision
BOOK 1993, l5A NCPEACE " ,�J■��N1Ai.�AIK E OO�.TNW
......... YN N��MNMIba�tlM�r•r•w♦wrlN�.•YNeMM•Y�RMp p•p•MFNJ�NM'r N-p..w .. r. rACp2B .Vr1XY1.N.pH p.JpppNwp r rtaMr ww-p•N.www.
TFM DEgLok t'.ATJ0N OF COMPLIANCE OF STREAM BUFM
RBGUt AT10N{S'FdR tW' gt u�»rneAbld SUBDIVISION (the "Agmemene) is meda this
th &y of ,,: Irk KLINDA R: KEEVER , whose address is 8006
FAILING t1F. .: North Carolina 27615 (heareirwfter rckwmd to as the
"Dad rarerf
WITNESSETH
RRAS, ' Dcelairaot m' the owner in fee rimple of tlat cofti r puiperty siiusted in
Wake qty, North Caroli ut and umm parficularly demmibed an follows;
Fla VIII pt trot 87 Summerfield Norlh ! finbdiviaiun ss ebown oo tbat plkt rccovdW
in Book *(Mspmt!383;) Pup 99 Wake Coumly. Rn�try.
(hadn'Ofiff, Chic c`ty"
W EREkS, a pt)rlion of this lot Jim been 4clom ine d to meat the fm
"Snatiun are a,sirearn and }iirerllta.-W Amara butler, and
WHEREAS, dre Dcchwmat desires to emuffe continued unmpliamw with all min mbpbead
by the Singe of Ncsih Carurliva with respect to oftsann mid plraeected stndun buf#bF�, as puant
to Meuse Buffer Rultm 1 SA NCAC 2B .10233 and as dq iilcted on the n0ached, plot, map 'entida
PROKRTY MAP " (hominaftcr 'Mmo") end tbc'mra e

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Quick Steps to Building
a Rain Garden
STEP 1: LOCATE THE RAIN GARDEN
Observe your yard during a rainfall event. Determine where
water begins flowing and where it is going. Rain gardens should ideally be
located between the source of runoff (roofs and driveways) and the runoff
Page 5
t
destination (drains, streams, low spots, etc.). Be sure to consider the following:
t" IMPORTANT: Do not place rain garden uphill of homes, septic systems or wellheads!
4= Locate at least 10' away and downslope of the house foundation, if crawlspace or basement (if
home is on a slab ocate downslope ot toundation).
Co Locate 25' away and downslope of a septic system drain field.
0 Locate 10' away and downslope of a well head.
a,t Avoid underground utility lines BEFORE you dig (Call 1-800-632-4949 or 811 in NC).
+0« The best location for the garden will be in partial to full sun (at least 4 hrs of sunlight).
STEP 2: DETERMINE DRAINAGE OF SOILS
Rain gardens work best when constructed in well -drained soils, but they can also be installed on sites
with less permeable soils with more clay content. Determining how the soil drains will help determine
the type of plants most likely to succeed in the rain garden.
Pick a few places and dig a one -ft -deep hole for the preliminary infiltration test; then fill with water a
few times. Time how long it takes for the test pit to drain. If satisfied with drainage time, dig 2-3 more
one -ft -deep holes in that area to get an average drain time. CAUTION: In floodplain areas or East of
1-95, dig two -ft -deep holes where high water tables are probable (highest in winter). The table below
summarizes what type of practice to use based on drain time.
Drain Time
ppropriate Rain Garden Type
12 hours
uick Draining Rain Garden
12 - 72 hours
tandard Rain Garden
3 days
etland Garden
Signs of an impermeable, compacted and/or wetland soil.
j The site ponds water or remains saturated for over four days after a storm event.
�,? Water poured in the dug hole is still there after four days, provided it hasn't rained.
,? The soil shows signs of being a wetland soil within a foot of the surface. A wetland soil is often
gray with ribbons or areas of brown color. It can also smell like rotten eggs.
Conduct drainage test at least twice at each hole! Also a good time to collect soil for
testing to determine proper lime application.
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Page 6
STEP 3: SIZE THE RAIN GARDEN
Determine which impermeable surfaces (roof top and driveway) will be treated with the rain garden.
Measure the length and width of these surfaces and multiply together to get the surface area in square
feet. This will be your watershed size.
The size of the rain garden should be at least 10% of the impervious surface draining to the rain garden.
Rain gardens should be designed to pond 10 inches of rainwater on top of the mulch. Rain gardens that
are 10% of the watershed and have a 10" ponding depth should capture the majority of one -inch storms.
(Length of surface x Width of surface) x .10 = total rain garden area sq. ft.
EXAMPLE: A portion of a 60' by 60' house (4 downspouts total) and 500 sq
ft of driveway runs off to the rain garden location. The rain garden will
capture I inch of rainfall, what size should the rain garden be?
Roof area = 60 x 60 = 900ft,
4
Roof area plus driveway: 900 + 500 = 1400 sq ft
Divide square footage by 10: 1400/10 = 140 sq ft
A I I'X12' or 14'XI O' garden design would be sufficient.
The size of your rain garden can also depend on the space available and your budget. If you don't have
enough space, you can build multiple rain gardens or build a smaller one and plan for it to overflow more
often.
STEP 4: CONSTRUCT THE RAIN GARDEN
Consider how rainwater gets to your rain garden. Will the water sheet flow across the landscape from
the downspout? Will the water be piped underground to daylight into the rain garden?
Lay out the boundary of the garden to keep a shape. You can use a rope, spray paint or even flags to
outline your shape. Keep in mind how you determined the infiltration time period in Step 2.
NOTE: Always determine where utility lines are located BEFORE you start to dig. CALL 81 1 !
Helpful Tools
CJ Auger 4.0 Tamper
40 Tape Measure Q Wheelbarrow
04 Shovels and/or Backhoe 4.A Line Level and/or Ruler
t.J Rakes 00 Stakes and String
iA Pitchforks 104 Tarp
R,i Trowels Extra Labor
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If present, remove and save sod for berm and weir
tia Remove any topsoil and set aside.
Dig to account for 10" ponding depth.
Co Dig to account for 3" of mulch.
Rough up 4"-6" of the bottom so it is not compacted
and mix in topsoil you removed earlier. This will not
only improve drainage but help plants survive. This is a
good time to apply lime if you took a soil test.
NOTE: Contact your County's Cooperative Extension office for soil sampling boxes or
visit http://www.ncagr.gov/agronomi/sthome.htm/
Page 7
Organic Layer
(sod, mulch, etc.)
Topsoil Layer
(nutrient -rich)
Sub -Soil Layer
(often void of
nutrients)
Forming the Berm and Overflow Weir
Your rain garden is designed to capture the first inch of rainfall. Rainfalls larger than I" will cause the
rain garden to overflow. Rain gardens should have distinct entrances and exits to prevent erosion.
Rain Garden Entrance
Establish a 1'-2' grass strip, rock border or combination along the upper edge of the rain garden to
slow down the runoff water as it enters the rain garden. If piping downspouts to rain garden, make
sure the pipe opens up into the rain garden and is not buried.
Me Aty
T
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D

Page 8
Rain Garden Exit
You will have lots of soil available from digging. Place extra soil on the downhill side of the rain garden
to create a berm, an earthen dam or barrier that holds water inside. Most rain gardens have berms
about 3" - 6" tall. Compact the soil slightly with your feet or shovel as you build the berm. Cover
with turf grass sod, mulch, plants, or rocks.
You will need to design a weir or nature will do that for you. A weir is an area of the berm that
allows water to gently pass over it. Typically weirs are a one -foot wide section of the berm and
several inches lower than the rest of the berm. To properly size the weir, use the amount of
impervious surface area (see table below). Weirs can be covered with turf grass sod or rocks;
additionally they can be made of wood. Make sure the weir is level and lower than the rest of the
berm.
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Page 9
Adding Plants
Pick your plants based on how your soil drains so you are working with nature instead of against it.
Below are example rain garden plans.
Drains in < 12 hrs
Drains in 12 hrs 'I ,a _•.
\kms
Drains in >3 days
V-3" Deep
C: Add 3" double or triple shredded hardwood mulch.
Co Direct the downspout to the rain garden. 23
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SUBJECT PROPERTY IS--_ IS NOT -__ LOCATED IN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED ON FEDERAL
EMERGENCY MANAGEMENT AGENCY (F.E.MA) FLOOD INSURANCE RATE MAP
NUMBER___ 3720170700J____ ZONE__ X
ALL EASEMENTS AND FLOOD PLAIN ARE SCALED
010 DEER TRL FROM BM 1983. PG 99
p� CREEK BANK LOCATION FOR RIPARIAN pG 99
VICINITY MAP z BUFFER ESTABLISHED BY JOHN DORNEY
N.T.S.
m EXISTING IMPERVIOUS AREA= 4,043 S.F.
SITE 578 S.F. OF POOL NOT INCLUDED IN TOTAL
A PROPOSED DECK IMPERVIOUS AREA= 257 S.F.
NJ r
o ���� SUMMERFIELD NORTH SUED.
pis°� MH BM 1983, PG 637
� / �—/ — LOT 89 —
CROWN OAKS SUBD.�F,4,'� i STORM DRAINAGE EASEMENT
BM 1984, PG 1657 c
LOT 30 of N 16'52'40" E 92.04'
EIP ��_F CREEK EIP
.t�Q � WOOD FENCE r-
710
w
100 YEAR FLOOD %
—7 rn
PLAIN �` 19 OZONE - '9a, - -5� fv .g'1 0.34'
Ol
POOL o F4.2'
NIP .. �� o td1�-.PROPOSED o
/ /NEUSE RIVER to 0b DECK o
/ RIPARIAN BUFFER ® \ v
7 PUMP
r 1 2.9 o, %P .9' PADSG Z
FES OOD FENCE 23.1' 101.9 0 In
"'
w DECK — A/C of K 0.19' V
A/ 0 7.5'7.8^ 26.4' 0 25.s o
\\ O
���5� A/C � TWO STORY BRICK `n (D
/ 41.7' cn 25.5'
Ar 52 vii 8.5' STOOP 0.27' 0
0----�
\ 1 O
so LOT 87 �, tcoNc--- i 0
LOT 86 �� \ 0.36 AC. „'o WALK 1 CONC.
I DRIVE 1 LOT 88
\
t!7 �\ 1
GRAPHIC SCALE I 1 1
1
30 0 15 o EIp , 1 90.00' TO A POINT
\ L= 59.39 I I WHERE FALLING LEAF
\ R= 50.00' BRICK I I BRICK CT BEGINS TO CURVE
COLUMN
C.B. I I COLUMN INTO OLD DEER TRL
IN FEET n 40 16
1 inch = 30 ft. \ L= 21.03' 1 ' EIP
\ R= 25.00'
PLAN INFORMATION BLOCK
ootpri • Ota[ Squon Fut:
Crawl: Slab: manta
Main p : Sloriu:
xaa.:
Impsnrious Surfmo Ano:
S 16'56'51 " W 39.10'
FALLING LEAF COURT
MH ZONE -1 50' R/W ZONE -2
DECK= 175 S.F. DECK= 458 S.F.
POOL= 282 S.F. POOL= 296 S F
sk DATE JOHN Y. PHELPO, JR.
03/26/15 PROFESSIONAL LAND SURVEYOR
Y., 5110 BUR OAK CIRCLE
lF�fF"'T FB 14 JR9588 RALEIGH, NORTH CAROLINA, 27612 [phone]
PROPOSED DECK= 187 S.F. PROPOSED DECK= 70 S.F.
All CONSTRUCTION SHALL BE DONE IN ACCORDANCE
TOTAL= 644 S.F.
PUMP PADS= 11 S.F.
WITH ALL CITY OF RALEIGH AND NCDOT STANDARDS
STEPS= 4 S.F.
AND SPECIFICATIONS.
UPDATED 08/011/16 TO SHOW
A.C= 4 S.F.
RE—RECORDING OF LOTS 102 & 103
DECK, POOL, RIPARIAN BUFFER
TOTAL= 843 S.F.
SUMMERFIELD NORTH
AND PROPOSED DECK
SUBDIVISION
FIELD CLOSURE= 1: 37,931
LEGEND
SECTION 2 PHASE 3 — B
NOT FOR RECORDING, INFORMATION FOUND
THEBENEFIT�
mE �
EIP EXISTING 1f10N PIPE MN MANHOLE
N� �EPOWERPP POLE
,
LOT_ 87--- BLOCK
,SIS SST
WHICH DISCLOSED BY A FULL AND ACCURATE
PP PIaM►RR,I+ENNAIL C/W 11017 OF WAYA
-----
TITLESEEAAaRC
CUM LINE
C.& CATCH BASIN FES FLARED END SECTION
RECORDED IN . BOOK OF MAPS --
- 983 -- PAGE -- 99 ----,
WAKE COUNTY, N.C.
I, JOHN Y. PHELPS, -JR. HEREBY CERTIFY THAT THIS MAP IS
T #m WHOLLY ON THE
PROPERTY 0 F
CORRECT AND t"t UE,
LOT
AND THAT TH HMENTS• OF OTHER
B E LT N DA R. K E ENE R
BUILDINGS OTHERWISE:
THIS MAP i
i SEALs
8005 FALLING LEAF CT.
RALEIGH, WAKE CO., N.C.
scNE 1 "-30'
sk DATE JOHN Y. PHELPO, JR.
03/26/15 PROFESSIONAL LAND SURVEYOR
Y., 5110 BUR OAK CIRCLE
lF�fF"'T FB 14 JR9588 RALEIGH, NORTH CAROLINA, 27612 [phone]