20191510 Ver 1_Minor Variance_20191022 (3)

K" r_0Water ResourcesENTAL QUALITY
15ANCAC 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
E-FORM VAR 10-2018
Submittal Application dated 10/22/2019
A. General Project Information
For instructions on how to fill out this form, seethe Major and Minor Variance Help Document posted on DWR's 401 & Buffer
Permitting page.
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions
are answered.
la. Is this a transportation r Yes
project?* r No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance: r Major Variance
r Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review -statutes-rules-guides
r Neuse River Basin (15A NCAC 02B.0233)
r Catawba River Basin (15A NCAC 02B.0243)
r Randleman Lake Watershed (15A NCAC 02B.0250)
r Tar -Pamlico River Basin (15A NCAC 02B.0259)
r Jordan Lake Watershed (15A NCAC 0213.0267)
C. Applicant/Owner Information
.....................................................................................................................................................................................
Who is submitting the application:* PF Owner
F
Applicant other than
Owner
r Agent
Check all that apply.
Is there an agent working on the project but not submitting it?
r Yes
r No
Primary Contact:
Primary Contact Email:
1. Property Owner:
James Frederick Jones, Jr.
This is for w ho should be notified if a payrrent is required.
[e-mail]

la. Name:* James Frederick Jones, Jr.
1b. Title: N/A
1c. Mailing Address:* Street Address
3223 Oak Grive Circle
Address Line 2
aty
Raleigh
Fbstal / Zip Code
27607
1d. Telephone:* 919-270-4506
le. Email Address:* [e-mail]
D. Project Information
State / Rovince / legion
NC
Country
USA
1. Project Name:* 3223 Oak Grove Circle - Parking Pad/Patio Replacement
(Subdivision, facility, or establishrrent narre)
2. County(ies)*
Wake
3. Property Location:
3a. Property Address:*
Street Address
3223 Oak Grove Circle
Address Line 2
Oty
State / Rovince / Fegion
Raleigh
NC
Fbstal / Zip Code
Country
27607
USA
3b. Latitude: 3c. Longitude:
35.807501-78.682611
3d. Attach an 8 1A x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
Click the upload button or drag and drop files here to attach docurrent
DEQBufferDetermination.pdf 160.13KB
PDF Only
* LISGS Topo look up
3e. Attach an 8 1A x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
Click the upload button or drag and drop files here to attach docurrent
DEQBufferDetermination.pdf 160.13KB
PDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)
n

4. Property Information:
.............................................................................................................................................................................................................................................................................................................................................................................................................
4a. Parcel Identification Number (PIN)
0794481907
4b. Date Property Purchased:
06/ 12/2003
mndd/yyyy
4c. Type of Book Book# Page# I
Deed 10191 1 2267
Map BM1938 42
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
(lick the upload button or drag and drop files here to attach docurrent
BM1938MAP.pdf
FDF Only
76.72KB
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
r Yes r No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
f Yes r No r Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name 11 Water Quality Classification
Southwest Prong Beaverdam Creek F;NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date ReceivedIF Permit Type
9/9/2019 F9/12/2019 Stream Determination
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
The activity was the replacement of an aging patio/parking pad. The old structure was likely >40 years old (no one is
sure) and was broken and crumbling, leading to erosion under the slabs and into the back yard, as well as partial
collapse of the retaining wall that held it all up. The structure was not repairable in this state and needed to be
replaced.
2. Attach a site plan as applicable to the project:

Click the upload button or drag and drop files here to attach docurrent
NetNewlmpact-Zone2.pdf 171.23KB
FDF only
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Pagel.aspx
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1 a. Site# - Reason 1 b. Buffer 1 c. Stream Name 1 d. Mitigation If. Zone 1 1 g. Zone 2
Impact* Required?
3223 Oak Grove Circle
Permanent
SW Prong
Yes
0.00
258.00
Nbp label (e.g. Fbad Crossing 1)
(P)
Beaverdam Creek
Square Feet
Square Feet
None Temporary No 0.00 0.00
Nbp label (e.g. F%ad Crossing 1) (T) Square Feet Square Feet
1h. Total Zone 1 Impacts: 0.00
1i. Total Zone 2 Impacts: 258.00
1j. Total Buffer Impacts: 258.00
1k. Comments:
Calculated Mitigation
11. Zone 1
Total Impact 11 Multiplier Required Mitigation
0.00
3
0.00
Square Feet
Square Feet
1m. Zone 2
Total Impact Multiplier Required Mitigation
258.00
1.50
387.00
Square Feet
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
r` Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
rJ Permittee responsible mitigation
2b. Provide a description of your mitigation plan.
n
W

Plant vegetation in Zone 1/Zone 2
Property owner will transplant 4 hydrangea arborescens (native to NC) and 1 aucuba japonica (non-native) that are
currently growing in the front yard.
As the owner will be performing this work himself, all work (including any fertilization) will be complete by November
10, 2019.
2c. 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.*
(lick the upload button or drag and drop files here to attach docurrent
Planting Plan. pdf 42.18KB
PDF Only
2f. Comments:
G. 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.).*
Enhancement of existing vegetation
2. Show the location of diffuse flow measure(s) on your site plan.
Qick the upload button or drag and drop files here to attach docurrent
PDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for
each proposed measure.
Click the upload button or drag and drop files here to attach docurrent
PDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Qick the upload button or drag and drop files here to attach docurrent
PDF Only
H. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environrrental N/bnagerrent Corrrrission to grant a variance w hen there are practical difficulties or
unnecessary hardships that prevent corrpliance 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.*
Old patio/parking pad was very old, and was broken and crumbling so badly that repair was not possible. It was
decided to replace the old structure using roughly the same footprint as before in order to align with the existing
driveway and rear fagade of the house. An additional seating area was added to the patio.
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).*
House was built in 1948, and was the first house built on the street. Patio/parking pad was at least 40+ years old and
was a present and ongoing use. Structure was already in Zone 2 and had been for many years before Buffer Rules
were imposed.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
We proceeded to replace the old structure without realizing that a buffer was in place and that the structure was
already in Zone 2.

4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography,
which is different form that of neighboring property.*
See #2 above.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*
See #2 above.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request
a variance?*
When I purchased the property in 2003, 1 was not asked to provide a plot plan, and no existing survey was available.
There was never any mention of a buffer until we began work on the structure in 2019.
I. Sign and Submit
Deed Restrictions
By your signature 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.
Applicant's Certification
I, 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 will be recorded with all required permit conditions.
* rJ By checking the box and signing the box below I certify that:
By digitally signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit this form.
Print Name:* James Frederick Jones, Jr.
Signature *
Submission Date: Autorraticallyfilled in

Initial Review
Is the project accepted r% Yes r- No
for review?*
Is the project located r Yes r No r Unknown
within a NC DCM Area
of Environmental
Concern (AEC)?*
Is this a public -funded r Yes r No
transportation
project?*
ID#* 20191510
Version*
Reviewing Office* Raleigh Regional Office - [phone]
Select Reviewer* Stephanie Goss: eads\szgoss
Has payment been r No Payment Needed
received?* r Fee Received
r Need Fee- send electronic notification

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
James Frederick Jones, JR.
3223 Oak Grove Circle
Raleigh, NC 27607
NORTH CAROLINA
Fnvf wwwnta! QeaW
September 12, 2019
Subject: Buffer Determination Letter
RRO #19-308
Wake County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico 05A NCAC 2B .0259)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (I 5A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: 32.23 Oak Grove Circle
Address/Location: 3223 Oak Grove Circle, Raleigh, NC__
Stream(s): Southwest Prong Beaverdam Creek
Determination Date: 09/12/2019
Staff: Rick Trone
Feature
E/I/P(l)
Not (�}
Subject
Subject
Start@
Stop@
Soil
USGS
Survey
To o
A
1
X
Throughout project area
X
X
(1) E - Ephemeral, 1 • Intermittent, P - Perennial, NP - Not Present
(2) Refers to State riparian buffer rules only Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, -
and may be considered jurisdictional according to the US Army Corps of Engineers.
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

3223 Oak Grove Circle
Wake County
0911212019
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. Ifsending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street; Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Rick Trone at (919) 7914200.
Sincerely,
4RicBoolich, L.G.
Assistant Regional Supervisor
Water Quality Regional Operations
Raleigh Regional Office
cc: RRO DWR File Copy
North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office
3800 Barrett Drive 11628 Mall Service Center I Raleigh, North Carolina 27699.1628
919.791.4200

3223 Oak Grove Circle
Wake County, NC-DWR Project # 19-308
USGS Topographical Map d��o
Raleigh West Quadrangle 2016 locations are approximate
Legend:
and are provided for refer-
ence only:: R j�
-Project boundary Q.� w

3223 Oak Grove Circle
Wake County, NC-DWR Project # 19-308
NRCS Soil Survey Sheet 48 ego
�yo
Wake Co., NC 1970 W :: Locations are approximate
Legend: and are provided for refer
ence only::
-project boundary Q

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
James Frederick Jones, JR.
3223 Oak Grove Circle
Raleigh, NC 27607
NORTH CAROLINA
Fnvf wwwnta! QeaW
September 12, 2019
Subject: Buffer Determination Letter
RRO #19-308
Wake County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico 05A NCAC 2B .0259)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (I 5A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: 32.23 Oak Grove Circle
Address/Location: 3223 Oak Grove Circle, Raleigh, NC__
Stream(s): Southwest Prong Beaverdam Creek
Determination Date: 09/12/2019
Staff: Rick Trone
Feature
E/I/P(l)
Not (�}
Subject
Subject
Start@
Stop@
Soil
USGS
Survey
To o
A
1
X
Throughout project area
X
X
(1) E - Ephemeral, 1 • Intermittent, P - Perennial, NP - Not Present
(2) Refers to State riparian buffer rules only Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, -
and may be considered jurisdictional according to the US Army Corps of Engineers.
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

3223 Oak Grove Circle
Wake County
0911212019
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. Ifsending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins, DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street; Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Rick Trone at (919) 7914200.
Sincerely,
4RicBoolich, L.G.
Assistant Regional Supervisor
Water Quality Regional Operations
Raleigh Regional Office
cc: RRO DWR File Copy
North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office
3800 Barrett Drive 11628 Mall Service Center I Raleigh, North Carolina 27699.1628
919.791.4200

3223 Oak Grove Circle
Wake County, NC-DWR Project # 19-308
USGS Topographical Map d��o
Raleigh West Quadrangle 2016 locations are approximate
Legend:
and are provided for refer-
ence only:: R j�
-Project boundary Q.� w

3223 Oak Grove Circle
Wake County, NC-DWR Project # 19-308
NRCS Soil Survey Sheet 48 ego
�yo
Wake Co., NC 1970 W :: Locations are approximate
Legend: and are provided for refer
ence only::
-project boundary Q

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CURRENT OWNER(S): JAMES FREDERICK JONES. JR.
SITE ADDRESS: 3223 OAK GROVE CIRCLE
RALEIGH, NC 27607-6700
PIN:0794481907 . REID 0050473. ZONED: R-4
LOT 50 do 51 RIDGEWAY PLACE SUED.
RALEIGH TWSP. WAKE COUNTY, NC.
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ISTEPS- 12 SO. FT, t
WOOD WAIx- 70 SO. FT. f
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TOTAL- 4209 SF 48.61i
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W 1. JCHN S. COLLIER, CERTIFY THAT THIS
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~ ACTING UNDER MY DIRECT SUPERVISION
ON 6/5/19, D IS CORRECT
ITO THE BEST OF MY KNOWLEDGE AND
IBELIEF. I ALSO CERTIFY THAT THE ERROR
OF CLOSURE AS CALCULATED BY THE
COORDINATE METHOD 15 1: 10.000��—
ITHE: BOUNDARIES NOT SURVEYED
ARE SHOWN AS BROKEN LINES PLOTTED
IFROM INFORMATION FOUND IN BOOK
BM 1938 PACE 42 THAT THIS MAP
IWAS PREPARED IN ACCORDANCE WITH
NCBELS RULE .1600.
uY SIGNATURE AND SEAL
THI DAY OF
THIS SURVEY IS OF THE IMPROVEMENTS TO THE PROPERTY.
AS --BUILT
PREPARED BY
JOHN S. COLLIER, PLS, L--3879
PROFESSIONAL LAND SURVEYOR
3407 BAUGH ST. RALEIGH, NC.
27604 919-876-8727
Cale: 1 "=20' ate: 6/05/19 T: 50 & 51
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