20090855 Ver 2_Minor Variance_20091019

iA r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Check the appropriate box below:
? Major Variance
X 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/admin/mgps/.)
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
? 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):
Ajey and Leena Golwala
2. Print owner/Signing official (person legally responsible for the property and its compliance)
Name: John J. Summers
Title: Owner's Agent
Street address: 1908 Eagle Creek Ct.
City, State, Zip: Raleigh, NC 27606
Telephone: [phone]
Fax: [phone] Call First
Contact person who can answer questions about the proposed project:
Dee Freeman
Secretary
Name: Jay Summers
Telephone: [phone]
Version 6: July 2009
Fax: [phone] Call First
Email: [e-mail]
4. Project name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Golwala Sunroom Addition
5. Project location:
Street address: 103 Pande Circle
City, State, Zip: Cary, NC 27511 County: Wake
Latitude/longitude: 35.745/ -78.808
6. Date property was purchased: December 13, 2002
Directions to site from nearest maj or intersection (Attach an 8 '/2 x 11 copy of the USGS
topographic map indicating the location of the site). From Hwy 40 and Hwy 1 South intersection
in Cary, take Hwy 1 South toward Sanford, exit onto Hwy 64 West toward Pittsboro, at the
second traffic light turn right into Mac Gregor West subdivision on Chalon Drive. Make the first
right on Bordeaux Lane. Second left on Christofle Lane. First right on Pande Circle. Home and
property is at the end of the cul-de-sac on Pande Circle.
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT of Williams Creek
9. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received
X
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 ft2.: 385 S.F. Sunroom Addition to the Golwala residence. Sunroom is to be
adjacent to existing deck and eliminates part of that deck and a bay window in the Nook.
Permanent increased impact area is only 256 S.F.. Subdivision map BM 1988 page 1593, shows a
25' Undisturbed Watershed Protection District Buffer. All construction activity is outside of
Variance Request Form, page 2
Version 6 July 2009
original 25' Buffer area. The Sunroom is to be located in Zone 2 of the 50' State buffer.
Disturbance in Zone 1 is limited to a 5' area for temporary construction access only.
The Zone 1 buffer area is comprised of Fescue turf extending to the stream bank. The stream
channel was lined with rip rap by the original developer. The 99 S.F. of temporary Zone 1
disturbance and the 196 S.F. of temporary Zone 2 disturbance are to be re-seeded with Fescue
grass upon completion of the proj ect.
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):
Buffer Impact
Zone of Impact in Number Purpose for
Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet)
Zone 1 NONE 3
Zone 2 256 A SUNROOM 1.5
Total 256
*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.
3. 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:
The Sunroom addition cannot be located on any other location on the property that would have
less Buffer impact area, because of side and front setback limits and the existing deck and pool
area.
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.):
The Sunroom roof gutters will be connected to two downspouts on the rear corners of the
structure. The downspouts will terminate at ground level with "B swing" elbows that will direct
the storm water flow perpendicular to the stream channel. The discharged water will then spread
and sheet flow through the re-vegetated Fescue turf for 30' before entering the rock lined stream
channel. Silt fencing will be installed between the stream and the construction area at the limit
of the disturbance area. The fence will be maintained throughout construction and until the re-
seeded turf is established, at which time it will be removed.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
The residential subdivision was recorded in 1988 with a Town of Cary 25' Undisturbed watershed
Stream Buffer. All permanent impact is to be located outside of this area. The house was built in
1993, before the State imposed the 50' buffer on the property. A portion of that Buffer overlays
the home, the existing pool and deck. The property Owner's have a right to the use of the property
they purchased. The proposed sunroom addition is consistent with the property rights available to
the property owner at the time the subdivision map was recorded. Disapproval of the Sunroom
would be a violation of the Owner's property rights to the reasonable use and enjoyment of the
property. The Sunroom addition cannot be located in any other location on the property due to
setback limits and existing structures.
Variance Request Form, page 3
Version 6 July 2009
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The majority of the residential properties in this subdivision do not have stream buffers
within their property boundaries. Therefore only properties such as 103 Pande Circle are
burdened by the increased requirement of the 50' State Buffer. If the Buffer was strictly enforced
on this property they would suffer a significant loss of property value that their neighbors would
not be subject to.
(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.
The 50' State Buffer covers approximately 50% of the residential lot area. Strict enforcement of
the Buffer on this property would restrict the building area to less than 25% of the site when side
and front setbacks are taken into consideration. The result would be a significant loss of property
value. The property is assessed currently at $774,947. Strict interpretation of the Buffer might
reduce that value by as much as 50%. Therefore although the area of proposed impact by this
project is only 256 S.F. the precedent that a disapproval would set, would be seen as a prohibition
on the Owner's use of the a much larger area of the property, where existing structures pre-existed
when the State 50' buffer was enacted.
Part 3: Stormwater
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.
Since the net permanent impact area is limited to 256 S.F. in Zone 2 and the storm water from the
Sunroom is to be directed parallel to the stream channel and filtered by 30' of Fescue turf, no
BMP structure is proposed.
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.
Storm water from the Sunroom is to be directed parallel to the stream channel by the downspout
terminations and will be filtered by 30' of Fescue turf in sheet flow prior to entering the rock
lined stream channel.
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.
Pre-construction annual nitrogen load is 8.59 pounds per acre per year and the post construction
annual nitrogen load is 9.04. Therefore the increase is 0.45 pounds per acre per year.
Drainage Size of Post-development BMP nitrogen6 Final Final
basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6
basin rate without BMPs4 efficiencys loading rate loading
(ac) (lbs/ac/yr) (%) (lbs/ac/yr) from
drainage
basin (lbs)
1
2
3
4
5
Variance Request Form, page 4
Version 6 July 2009
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://h2o.enr.state.nc.us/su/bmp forms.htm
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0242
for the Neuse Basin and 15A NCAC 213.060 for the Tar-Pamlico Basin.
During construction temporary disturbances of 99 S.F. in Zone 1 and 196 S.F. in Zone 2 is proposed.
Proposed mitigation is limited to the restoration of the existing Fescue turf in these areas. Tall Fescue
and Winter Rye 50150 seed is to be sown at completion of the Sunroom project in December 2009.
Wheat straw will be spread over the seeded area to protect the seed until germination. One time
fertilizer application in the buffer zones will be applied in December of 2009.
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: http://www.neeep.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, John J. Summers (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: October 16, 2009
Title: Owner's Agent
Variance Request Form, page 5
Version 6 July 2009
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.
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
?js • Original and two copies of the Variance Request Form and the attachments
listed below.
s • A vicinity map of the project (see Part 1, Item 5)
?l s • Narrative demonstration of the need for a variance (see Part 2)
?ls • A detailed narrative description of stormwater treatment/management (see Part
4)
?s • Calculations supporting nitrogen (phosphorus in the Tar-Pamlico Basin)
loading estimates (see Part 4)
n/a . Calculations and references supporting nitrogen (phosphorus in the Tar-
Pamlico Basin) removal from proposed BMPs (see Part 4)
n/a . 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
n/a BMP and/or narrative for each innovative BMP (see Part 4)
?ls • Three copies of plans and specifications, including:
s 0 Development/Project name
?js
0 Engineer and firm
?js
. 0 Legend and north arrow
?
s 0 Scale (1" = 50' is preferred)
?s
?js 0 Revision number & date
n/a 0 Mean high water line (if applicable)
?js 0 Dimensioned property/project boundary
?. s 0 Location map with named streets or NC State Road numbers
No change 0 Original contours, proposed contours, spot elevations, finished floor
elevations
?js 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
?ls 0 Footprint of any proposed buildings or other structures
j s 0 Wetlands delineated, or a note on plans that none exist
?s 0 Existing drainage (including off-site), drainage easements, pipe sizes,
runoff calculations
1s 0 Drainage basins delineated
Js 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
none 0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 6
Version 6 July 2009
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CONCRETE B.O.M.1988, PG.1593
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GP& C1 ~ ~ LOT 29 IS LI1~IT~'D
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AREA = 0.46 ACRES zo o zo Qo so
103 PANDE CIRCLE SCALE
THIS IS TO CERTIFY THAT THIS MAP WAS ENGINEER: PRELIMINARY PLOT PLAN FOR:
PREPARED FROM AN ACTUAL SURVEY OF THE MIKE STEWART AJL'Y GOLI~ALA
PREMISES, MADE UNDER MY SUPERVISION, AND STEWART PROCTOR PLC
THAT THERE ARE NOT ANY ENCROACHMENTS, 319 CHAPA~IOKE ROAD L~'L'11~A GOLI~ALA
EXCEPT AS NOTED TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 27603 CARP TWSP., WAKE CO., N.C.
THAT THE RATIO OF PRECISION AS CALCULATED BY (g 19) 779-1855
LATITUDES AND DEPARTURES IS 1:10,000. SCALE 1 " = 40' JULY 21, 2009
THIS MAP WAS PREPARED FOR FOR TITLE COMPANY USE
AND IS NOT INTENDED FOR RECORDATION OR
CONVEYANCES WITHOUT WRITTEN AUTHORIZATION MAULDIN - WATKINS SURVEYING, P.A.
OF THE SURVEYOR AND OTHER APPROPRIATE OFFICIALS. P.O. BOX 444 / 1301 W. BROAD ST.
PROFESSIONAL LAND SURVEYOR FUQUAY VARINA, NORTH CAROLINA 27526
L-3247 [phone]
C-929 3289-29

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PRE-NIT ROGEN REDUCTION TABLE FOR 103 PANDE CIR
TN EXPORT TN EXPORT
TYPE OF LAND COVER SITE AREA (AC) TN EXPORT BY USE FROM SITE
COEFF. (LbslaCfyr) (Lbsfyr) (Lbslaclyr)
PERM. PERSERVED
UNDISTURBED OPEN 0 0.6 0.00
SPACE
PERM. PERSERVED 0126 1.2 0.35
MANAGED OPEN SPACE
ROAD WAY 0 292 0.00
IMPERVIOUS ON LOT 0.17 29.2 3.60
TOTAL 0.46 3.95
AVERAGE FOR SITE ?c
POST-NI TROGEN REDUCT ION TABLE FOR 103 PANDE CIR
TYPE OF LAND COVER SITE AREA (AC) TN EXPORT TN EXPORT TN EXPORT
COEFF. Lbslacl r BY USE FROM SITE
PERM. PERSERVED
UNDISTURBED OPEN 0 0.6 0.00
SPACE
PERM. PERSERVED 0 ,28 1 2 0 34
MANAGED OPEN SPACE
ROAD WAY 0 21 2 0.00
IMPERVIOUS ON LOT 0,18
3.82
TOTAL 0.46 4.16
AVERAGE FOR SITE 9.04
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220,24
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This plan is the property of
John J. Summers and may not be
used. redrawn or reproduced without
his written permimion.
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North Carolina Department of Environment and Natural Resources
Division c`'A'ater Quality
Beverly Eaves Perdue CcileenH. Sullins
Governor i '.irartOr
August 6, 2009
EXPRESS REVIEW ACCEPTANCE LETTER
Mr. & Mrs. Golwala
103 Pande Circle
Cary, NC 27511
Project Name: Golwala Residential Addition (PIN: 0752666460)
Dear Mr. & Mrs. Golwala:
Dee Freeman
Secretary
Wake County
R @ 090 W rRip
OCT 1 8 2009
DENR - WATER OAJT
WETWNS AM SVRMWAAR BRANCH
On August 6, 2009, the 401 Oversight/Express Permitting Unit of the Division of Water Quality received
a request from Ms. Larissa Coles of JW McGinnis, regarding a project known as "Golwala Residential
Addition", for acceptance into the Express Review Program. This letter advises you that your project will
be accepted into the Express Review Program once the following items are received:
1) The fee of $200.00 made payable to the North Carolina Division of Water Quality (for one (1)
stream determination);
2) Two (2) complete and collated copies of the most recent versions of the NRCS Soil Survey map
and the 1:24,000 USGS Topographic map for the site, both with the property boundaries located;
and
3) A vicinity map clearly marking the location of the site.
Thank you for your attention to this matter. Please note that the landowner or landowner's representative
must be present during the field visit. The clock for this project will not start until receipt of the
completed application package and required fee are received. If the impacts are greater than indicated on
the Initial Interest Form and/or the services are different, you may be required to remit an additional fee.
If you have any questions or wish to discuss these matters further please do not hesitate to call Lia Myott
Gilleski at 919-733-9502 or Joseph Gyamfi at 919-715-3473.
Sincerely,
l
CBK/Inag
cc: File copy
Ms. Larissa Coles, JW McGinnis, Arc
-71
Cyndi Karoly, Supervisor
401/Express Review Oversight Unit
;hitect, 1157-4 East Marion St., Shelby, NC 28150
401 OversightlExpress Review Permitting Unit i?TOne 1, ?...+
1650 AIM Service Center, Raleigh, North Carolina 27699-1650 i V orth w-oi ina
Location: 2321 Crahtree Blvd.. Raleigh. North ('arolina 27604
?? _ __ //.
Phone: [phone] FAX [phone] Nutiullif
Internet: http:t1h2o.enr.state.nc Wricwetlanos+
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GOLWALA SUNROOM ADDITION
http://imaps.co.wake.nc.us/imapslprintmap. asp?pin=0752666460&pinext=000&minX=2055 752.... 10/16/2009

iRTH CAROLINA - SHEET NUMBER 66