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HomeMy WebLinkAbout20191227 Ver 1_Minor Variance_20190916D 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) ❑ 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 02B.0267) ❑ Major Variance ❑ Minor Variance ❑ Goose Creek Watershed(15A NCAC 02B.0606 & 15A NCAC 02B.0607) A. General Information ,RE .�; ENRIDWR 1. Applicant's Information(if other than the current property owner): Name: F[7 U .S . J . Title: Street Address: City, State & Zip Telephone: Email: SEP 16 2019 water Rssourcea Permit' ng Section 0 • C -a M 2. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: Title: Street Address: City, State& Zip: Telephone: Email: 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): 5. Project Location: 5a. Street Address: City, State& Zip: Moo 1`- LSC I. -A C vv I 5b. County: 5c. Site Coordinates (in decimal degrees): Latitude Longitude 5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. 5e. Attach an 8 Y2. x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 6. Property Information: q 6a. Property identification number (parcel ID): �Q 6b. Date property was purchased: 0 1 6c. Deed book I 17L 2, 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 oft 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: AA 'PE 1?, i 74 ( 4FAO 10 G N a e-'-11+) -M r -N L, ► ■ it MIA - 9. 9. Stream associated with riparian buffer to be impacted by the proposed activity: �.IM V_V Name Water Quality Classification 9a. For Goose Creek only:ls 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: -IFV C-0 ELL- COUNT neapirk- 141qoo B. Proposed Activity 1. Project Description 1a. Provide as d�etailleed description /of{ the {pprfoppoos'edd activity including its `purpose: {/} C- /+ {/� �J(/�jJ� M' 1VnV Lo/ ,1 •L1 11Y\�� V, 1�IA\M 2. 1 rO W S - g,ps L' Q FAEKIV iS VA-ei RN cam, ` 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 namesand/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 thearea of buffer impact in Won the plan) 0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter 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 Mitigation 1. Individually list the square footage of each proposed impact to the protected riparian buffers: Buffer Impact Number' — Permanent (P) or Tem rary (T) Reason for Impact Buffer Zone 1 Impact Zone 2 Impact Mitigation (square feet) (square feet) Required B1 - P ❑T ❑ Yes ❑No B2 -❑P ❑T ❑ Yes ❑No B3 -EJ PE] T ❑ Yes ❑No Total Buffer Impacts 'Label on site plan K 101 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. '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. 3a. Isbuffer restorationor 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 bankyou 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 Mitigation (square feet) (square feet) Zone 1' (2 forCatawba only) Zone 2 p 1.5 Total Buffer 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. 3a. Isbuffer restorationor 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 bankyou 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.). 1a. Show the location of diffuse flow measure(s) on your site plan. 1b. Attach a completedLevel SpreaderSupplement Formor BMP Supplement Formwith all required items for each proposed measure. lc. Attach an Operationand Maintenance (O&M) Formfor each proposed level spreader or BMP. 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. 2b. Attach a Supplement Form for each structural BMP proposed. 2c. Attach an Operationand 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 the applicable Buffer Rule that shall make reasonable use of the property possible. FORM: VAR 10-2013 Page 5 of 6 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. J%o t�- c o R A-c� P- 1A U I-N a w bbl G LA4 F n1 r_ �oA�c �►-E� 3 F i 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? 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 Gof this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded drainageeasements, 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 I, L, �=QQ _C— S (print or type name of person listed in Section A, Item 2), certify that the information included on Ithis permit application form is correct, that the project will be constructed in conformance with the approved plans and}�'� the dee astrictions in ccordance with Section Fof this form will be recorded with all required permit conditions. ;P1 _ . rl';' n Signature: Date FORM: VAR 10-2013 Page 6 of 6 Notice THIS MAP IS NOT A CER71RED SURVEY AND HAS NOT BEEN RENEWED BY A LOCAL GOVERNMENT AGENCY FAR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS rBENNOW Proudy Surveying ft-Wl County Slnce 1989 BM SWAL. HALL DMW AXT., STAIESMLL& NC 28825 RXW (rot) 875 -aim www. boundarydevalopment cam 40 0 40 80 120 GRAPHIC SCALE - FELT 1� • EIR.5+ B; PRELIMINARY PLAT - NOT FOR RECORDATION, CONVEYANCES, OR SALES WO/*"ao Fo/.- Township, Iredell County, NC Deed Reference: Plat Reference: Job Number: Field work: ....... ........ .4. fY _� TQ o� �$ 6,*m Cry: $�I4 k c ns MOO* d*Nco d~lt Eyi Mo re*&