20181103 Ver 1_Riparian Buffer Authorization_20180807

Dlvislon of Water Resources
DWR
p 3 State of North Carolina
2 p 1 8 1 Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 028 .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(21
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
O Neuse River Basin (15A NCAC 028.0233)
Major Variance Minor Variance
Catawba River Basin (1SA NCAC 026.0243)
J Randleman Lake Water Supply Watershed (15A NCAC 026.0250)
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
0 Goose Creek Watershed (15A NCAC 026.0606 & ISA NCAC 02B.0607)
A. General Information
1. Applicant's information(if other than the current property owner):
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
2. Property Owner/Signing Official (person legally responsible for the property and its compliance): r
Name: Chf 4&Ur_-J d" 0_L4U1o;,+
Title: '`.t,7 NefeS
Street Address: l j(i f S 0y,( V DlGtt) V
City, State & Zip: w} %� } (4-1d 4 02 e
Telephone: C' 499.4_c& S -
Email: Sri'? F4t G -,o,1 --v.,,q, 4ab
FORM: VAR 10-2013
D

3. Agent Information:
3a. Name: A'� C�,- LILA..) aA
Company Affiliation: _ 1 �� L.2h. W , LL,' A Wt S
Street Address: 4e + Q b o
City, State & zip: >> ki C
A c g c 7
Telephone: JD -- - r J
E-mail: M 4X 4S --t j t- f J A A k W - QQ 44
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):
kid If
5. Project Location:
5a. Street Address: 1 i b 0 -K _�O kt A A W
City, State & Zip: 0J(..:7"7+W43 4
5b. County: (2 A� d 6
Sc. Site Coordinates (in decimal degrees): 3C. 9 71 Latitude —" $� . -74 fo it1de
5d. Attach an 8 12 x 11 excerpt from the most recent version of the USES topographic map indicating the location of the site.
Se. Attach an 8 % x 11 excerpt from the most recent version of the published County MRCS Soil Survey Map depicting the
project site.
6. Property information:
6a. Property identification number (parcel ID):
6b. Date property was purchased:
6c. Deed book and page number
6d. Map book and page number
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 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?
FORM: VAR 10-2013 Page 2 of 6

8. Directions to site from nearest major intersection:
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9. Stream associated with riparian buffer to be impacted by the proposed activity:
I Name ( Water Quality Classification 1
V
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? YES
E
W- 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:
,QbD4 Q&D4
B. Proposed Activity
Permit Type:
ue4QC-reec v 1
.
06- a41-7
I. Project Description
la. Provide a detailed description of the proposed activity including its purpose:
d 3e -C-0
r= iC pLA 11.5 A" ,
1b. Attach a site plan showing the following items as applicable to the projec\numberss
-S
0 Development/Project name 0 Revision number & date
4 Nartharrow0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensionstc0 Adjacent streets and roads labeled with names and/or NC State Road 4 /,y j ' p NS
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 estua 'es
0 Extent of riparian buffers on the land including Zone 1 and Zone where ap cable
0 Location and dimension of the proposed buffer impact (label the area uffer impact in Won the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and tter systems
FORM: VAR 10-2013 Page 3 of 6

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 MitigatiO4—pile '"
f /9►QL' j�u��'o3C.
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact i
i Number` – Reason for Impact Huffer
Permanent (P) or i Mitigation
Temporary (T) ( Required
Zone 1 Impact
(square feet)
Zone 2 Impact
(square feet)
81 - P T c Yes a No
Total Impact Multiplier
3
Mitigation
B2 P FJ 7 i Yes - No
(square feet)
(square feet)
B3 PT,- Yes ;c No
�,r� .r- 3
�1,�` ,J
d gq
Total Buffer Impacts
► • (2 for Catawba only)
Lauei vn site pian
l 0 qC4
2. 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.
ror projects in the goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
Df �-
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
3a. Is buffer restoration or enhancement proposed? - Yes X 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? yYes - 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.
FORM: VAR 10-2013 Page 4 of 6
'
Required
Zone
Total Impact Multiplier
3
Mitigation
(square feet)
(square feet)
Zone 1'
�,r� .r- 3
�1,�` ,J
d gq
► • (2 for Catawba only)
l
Zone 2
p I 1.5
! 3
Total Buffer Mitigation Required:
ror projects in the goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
Df �-
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
3a. Is buffer restoration or enhancement proposed? - Yes X 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? yYes - 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.
FORM: VAR 10-2013 Page 4 of 6

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.).
la. Show the location of diffuse flow measure(s) on your site pian.
ib. Attach a completed Level Spreader Supplement Form or BMP Supplement Farm with all required items for each proposed
measure.
lc. Attach an operation and Maintenance (O&M) Farm for each proposed level spreader or BMP.
2. For Major, Catawba, and Otiose 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.
0 4&3 40
2a. Show the location of BMPs on your site pian.
2b. Attach a Supplement Farm 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.
I. 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 the applicable Buffer Rule that shall make reasonable use of the property possible.
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-
FORM: VAR 10-2013 Page 5 of 6
0

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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 hardships (e.g. zoning setbacks, floodplains, etc).
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Greek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
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 sale of any lot.
G. Applicant's Certification
1, (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 £ c {yqR {,164
Date: Zt �
FORM: VAR 10-.2013 Page 6 of 6

CATAWBA RIPARIAN BUFFER NOTIFICATION FORM
Project Name/address: Ast0a A— 1 ! , County: iL/9 MW 84
Owner: CHARLES e. FRI GDAJ l �
Print Signature
Contractor/agent:
Print Signature
The approval is for the purpose and design described in your application. Impacts not indicated in the
application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A
NCAC 02H.0506 and 15A NCAC 02B.0243(8))
Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless
approved. Exception, those trees that are severely undermined along the immediate shoreline can be
removed. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243
(6)]
Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically
approved by the Division. There are limitation on size for decks. [15A NCAC 02B .0243(4) and (6)]
Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The
work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction
material must be outside the buffer. [15A NCAC 02H.0502 and 15A NCAC 026 .0243 (4), (6), (8)]
Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater
discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or
sheet flow at non-erosive velocities to the lake. [15A NCAC 02B .0243(5), (6))
Acknowledgement of Notification
I, ClyRR a S F. FiQ t Goy! , hereby state that I have been informed of the Catawba
Riparian Buffer Rule. Any work conducted in the buffer, not specifically stated in the application and approved
by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be
taken such that the construction will be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plan(s) and specification(s), and other supporting
materials.
Signature (owner): �JData: 8

To whom it may concern,
My name is Charles Frigon. With the extensive
help from Alan Johnson we are kindly requesting a
variance for the current condition of our lake
home. My wife and I would like to take a moment and
apologize and explain, what the property was like
when we purchased it, what we did, and our plan per
Alan Johnson to remedy this situation.
I first off want to apologize for the
landscaping I did that is not permitted by Duke
Power.I realize ignorance is not an excuse, and
with the help of Alan we will right this oversight.
I would like to explain why, when & how I
created this problem. We relocated from New Jersey
in November of 2009.I was 63 years old at the time.
At first, I only wanted an easy way to get down to
the beach area through the rip rap. This due to the
fact that the lots in Astoria here in Catawba NC
are 1:1 slope its was impossible for my wife and I
at our age to enjoy the lake and the beauty of
nature with our grand children. With that problem
at hand I truly sought to improve the lot while
keeping the natural integrity and creating
something I truly thought would accent and preserve
the lot, not harm it.
So I cemented some of the rip rap using the
flattest rocks I could find & created a path down.
I then created a small seating area down there by
stacking the rip rap a little steeper & digging out
behind it & putting some stone steps in, to get up
a very steep part of the hill.After a while I
noticed that the hill behind my house was eroding
every time we had heavy rain fall. There was very
little vegetation to hold the soil.I was worried
that would create big problems down the road &
started working on a solution.Over the span of
about 7 years, I did the following by hand, by
myself, working about 20 hours a week.I dug out
paths with a pick & shovel.

I made sure to cover covered everything with
landscaping fabric. I built walls with over 200
tons of granite rocks. I had the rocks delivered at
about 5-7 tons at a time. Carefully I put small
loads on a golf cart, about 300 pounds at a time
and drove them down the hill. Next I transferred
them to a motorized wheelbarrow, then stacked them,
one at a time, to build the walls. To keep this
project beautiful I built walking paths & steps
using pavers, I then hand build planter beds and
carefully added Azaleas and other foliage.
I planted over 60 plants consisting of: azaleas,
hydrangeas & other misc. plants.
Finally 7 years later I sat proud and happy! The
erosion problem is fixed.Any water that ends up in
the lake from a heavy rain is clean. It is really
quite beautiful & I never thought that it would be
a problem.
With all that being said... Removing any of this will
be highly degrading to the buffer, and cause us a
financial and personal hardship.I am no longer able
to accomplish this by myself & it would take me
years. I realize when I did this I was 7 years
younger and to be frank a lot more ambitious.
Again, I apologize to Duke Power and the State.
we thought we were doing something good & we should
have contacted you before we did anything. We now
humbly request your help granting this variance so
we may move closer to our grandchildren and enjoy
time with our family. We know the landscape is
forever change, but thought it was for the
preservation of this beautiful lake front property
not the harm of it.
Alan Johnson has personally been working with us to
improve the current condition to comply and/or
bring it more in line with the standards. We will

be working over the next few weeks as we sell this
home, with Alan to plant trees and add foliage and
ground cover per his guidance. To improve and
preserve this great area.
Thank you again for the time and help.
Best Regards Charles Frigon.
- Please see the attached drawing and measurement
of the area in reference. We did the measurements,
sketch and outlined the areas for improvement with
Alan Johnson on 8/2/2018-

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