20080826 Ver 3_Minor Variance_20191114

a oo eo k'.-)� V3
Michael Burkhard, Biologist
Environmental Consulting
21326 Bethel Church Rd
Cornelius, NC 28031
(P) 704.397.6556
michaelburkhardpatt.net
November 7, 2019
Mr. Alan Johnson Sr. Environmental Spec.
North Carolina Environmental
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: DWR ID# 20190603
Kurt Busch
170 Broad Sound PI
Mooresville, NC 28117
Mr. Johnson,
1@�ad�
D
Nine 1 4 2019
Enclose please find our application and supporting documentation for a Buffer Variance at the
above reverenced address.
We are requesting this Buffer Variance because the owner's contractor not knowing or
understanding the Catawba River Buffer Rules, installed a putting green within the buffer.
NCDEQ Division of Mitigation Services has accepted payment for compensatory mitigation for
this unauthorized activity.
Please let me know if you have any questions or would like to meet on site.
Thank you
Michael Burkhard
Michael W. Burkhard, Biologist
Environmental Consulting
21326 Bethel Church Rd
Cornelius, NC 28031

DWR
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
I. Applicant's Information(if othe
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
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
Kash 1 -1 17 t_L_C. I Ill u r-! sck
�arOor %► )n ( n r
15 t L�a�nu-� 11r
I(Vioores'g.dle NC 2811:1
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3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
C-0
City, State & Zip:
IG
Telephone:
E-mail:
V v 1( i
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): DW (� # 0l6 (9 O L4 (3-3 =rcdei ( a u ht
I lU t�raad . ynCi a1 'mooc-es.�;1 la I�/' alf•�Il� i�U SC (1 5idene-e.. l tle 011(+
S. Project Location:
5a. Street Address: _110 k�roM
City, State & Zip: AMOOrt S \ �v 11f.
Sb. County: 1rPdp_II
Sc. Site Coordinates (in decimal degrees): 35, 5a I Al I Latitude ' $�, q3(o 5 M Longitude
Sd. 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 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
6. Property Information:
6a. Property identification number (parcel ID): gLDA1530AL418
6b. Date property was purchased: ►D 102T0 ri
6c. Deed book ai 51 LD and page number
6d. Map book Sq 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 qL 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:
Se5 A- e cTAe l 1
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
621k�- IUC)R ?e S5 I V
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:
613119 _ ON 1401ci _'S re -line- S4-n.6,lizabon y01 F GoF�',er
?error J i 1 09
-i WR 1U aoi9 ot#63
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity
its purpose:
(61�ACc'
cam- -rcw_ G61 +49N.A0-- e- L oeP,` &)66K- - -
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 (r = 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 ft2 on 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
Temporary (T)
Reason for Impact
Buffer
Mitigation
Required
Zone 1 Impact
(square feet)
Zone 2 Impact
(square feet)
B1 - P
T
IXYes ❑ No
B2 - P
T
❑ YesX No
B3 - P
0
T
J.
❑ Yes ❑ No
Total Buffer Impacts
`Label on site plan
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.
Zone
Total Impact
(square feet)
Multiplier
Required
Mitigation
(square feet)
Zone 1'
3
(2 for Catawba only)
Zone 2
1.5
Total Buffer Mitigation Required:
1For projects in the Goose Creek Watershed, list all riparian buffer ini'pacts 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. V.IQ, j _ i •I�t.1C� poc se O"Cit- qt* M--
n
IAA-i6i E)�t �Z711L-Tlea)9d
3a. Is buffer restoration or enhancement proposed? at 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? At 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.
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.).
t X-7Uc.J
1a. Show the location of diffuse flow measure(s) on your site plan.
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.
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 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.
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.
-Dsie +p + e na4bra_\ i nden+aA-%eLla I-5h&Qe- 0.f' +jnc e,6Ar ' ne $l-.o �..rc..,r 'ro lP •-o
nders +UA _
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).
1s the onlu
o " J
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.
r -SulA- nc -l;hi S no
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
16e harAa4i.n�S _enuse�l in., a-1%. �L..�.n..l ,...L_r 1.L - - 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.
See e,.n. ► r A-, # '.� n —ve.
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. Applica is Certification
1, (print or type name of person listed in Section A, Item 2), certify that
the information include 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:
Date:
FORM: VAR 10-2013
Page 6 of 6

ROY COOPER
Gan errror
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
0krew
Kristy Styborski
Kurt Busch
151 Lugnut Drive
Mooresville, NC 28117
t ,
NORTH CAROLINA
Environmental Quality
September 17, 2019
Expiration of Acceptance: 3/17/2020
Project: 170 Broad Sound Place County: Iredell
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit1401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below._
River Basin Impact Location Impact T
___ _ (8-digit HUC)
P Type Impact Quantity
Catawba i 03050101 Riparian Buffer T— 1.430
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sinily,
t
Jams. Stanfill
Asse nagement Supervisor
cc: Janice Estep, agent
Noon Carolina Department or Envinmmmdal Q�.,aky ; Division of Mitigation Services
Zrl W. Jones 5treet 1165Z Mali Service Center f Raleigh, North Caroline 27699-1652
919.707S976

DIVISION OF MITIGATION SERVICES (DMS)
3111-
IN -LIEU FEE REQUEST FORM Revised 6/30/2019 •
Complete requested information, sign and date, email to kelly.williams(ancdenr gov . Attachments are acceptable for clarification
purposes (location map, address or lat long is required). Information submitted is subject to NC Public Records Law and may
be requested by third Parties.
-._..._.._..._........_........._____.___.._----------.__...__._ _...______....__..._.,..---...---..._.......____.__..__._.....__.._._.____.____........_.._..__.
CONTACT INFORMATION APPLICANT'S AGENT APPLICANT
_.....__....- --....._.._�..._...._..............- .... ... _._......_..------.._..._.._._. _...._............._..... _._._......_.._.._.....__..._.._ __ _ _ _ _
1. Business/Company Name
...................... ............ ...........................
_.......... __.
........... -.-___-_.............. _.....
_......_.._......._Y�.rk.....u.....s....c-h.... _ .._.. _.._.
2. Contact Person
:__ ................................_..._....-_..---.....-_-_.......-----....._ - ...........------ ... __..._..._........... ---_... _.... _ _ _._._._..._...._...�fi..r...:I..s-F�.....
3. Mailing address --_ ........ .._..........
___
;._.......__.__................................ 15
...... _ __...__._....._............ __ _. _. _._.._....................�.....Lup.0 F_7_..._..........._................_.
4. City, State, Zip
.__....... ...._-.... :_.__............................._.....__-..._.._.__.__ ........ ........ __..._..._...........
S. Telephone Number ___..._...._..._._.....___..._.._ ._.__._ �X2re5v..l..... t ...._ C......a.. ..�...� 7......
........................ .................... ................... ........................ ...........
.__..__ _....._._...._....__ ..... _ __..._._.-'`1.0 y _
...................... ..
6. E-Mail Address _
PROJECT INFORMATION
.............. ..__.._.._...__.._.....__.._................. _.._._......., ..._.....__..._._..... _ ___ __
7. Project Name
....... ... ..._.._..__............... _._............................. _... _... ................. ..._.._.. _1.7.4......13ros��....s�. o�.�
8. Project Location (nearest town, city)
........... __.___..__.___._.__.......___.__. _.CY1�a...r..zs.v.:►..I �.e.�..._
9. Lat-Long Coordinates or attach a map
.................. ................... - ................ .............. ........... ...
10. County
------ ------- ....... .................._.............. 1 red d 1
11. River Basin & 8-digit HUC (link to Map)
12. Project Type
❑ Government Private
...................... ................................ ... ..................................... . ................ _..............
13. Riparian Wetland Impact (ac.) (e.g., 0.13)
14. Non -Riparian Wetland Impact (ac.)
15. Coastal Marsh Impact (ac.)
16. Stream Impact (ft.) (e.g. 1,234)
17. Riparian Buffer Impact (sq. ft.)
n/a basin/huc above in #11
18. Regulatory Agency Staff Contacts
USACE:
C heck U) below if this request is for a:
revision to a current acceptance
❑ renewal of an expired acceptance
❑ extension of unexpired acceptance
Project Type: 0+V1 a y-
Warm
Zone 1:
5010
Cool Cold
Zone 2:
........... .. U..._s..F.......... _.....................
NCDWR: A (arN SohhSoYl
Other:
Wy signing below, the applicant is confirming they have
read and understand the DIMS refund policy posted at
nceep.net and attached to this form.
Signature of Applicant (�,rAuthorized Agent:
Date:
Direct questions to Kelly Williams at 919-707-8915 or kelly.williams(cD_ncdenr.gov or to the front desk at 919-707-8976

DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20
Link to G.S. 143-214.11)
Prior to accessing the Division of Mitigation Services (DMS), state law requires applicants to
demonstrate compliance with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form
signed and dated by the permit applicant or an authorized agent.
Compliance Statement:
I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my
knowledge, complied with the requirements. I understand that participation in the DMS is
voluntary and subject to approval by permitting agencies.
Please check all that apply:
❑ Applicant is a Federal or State Government Entity or a unit of local government
meeting the requirements set forth in G.S. 143-214.11 and is not required to
purchase credits from a mitigation bank.
© There are no listed mitigation banks with the credit type I need located in the
hydrologic unit where this impact will take place (link to QWR list)
Mitigation bank(s) in the hydrologic unit where the impacts will occur have been
contacted and credits are not currently available.
The DWR or the Corps of Engineers did not approve of the use of a mitigation
bank for the required compensatory mitigation for this project.
This is a renewal request and the permit application is under review. Bank
credits were not available at the time the application was submitted.
Enter date permit application was submitted for review:
Note: It is the applicant's responsibility to document any inquiries made to private mitigation
_ 1 „ banks regarding credit availabilitv.
►J here
nature of pplicant o gent anted Name
10
Date
V,_J-el),v, 1, i7Q__ Gov d P
Protect Name Location n OVe5 v'►1 e, N C., a 8117
Print Form

Excise Tax: $11,320.00
Tax Parcel ID No.: 4625-30-8418
on the day of
Type: CONSOLIDATED REAL PROPERTY
Recorded: 10/2/2017 3:52:06 PM
Fee Amt $11,346.00 Page 1 of 2
Revenue Tax: $11,320.00
Iredell County, NC
Ronald N. Wyatt Register of Deeds
BK 2516 PG 92 - 93
GENERAL WARRANTY DEED
20
Verified by: Iredell County
Mail/Box to: Grantee
This instrument was prepared by: Kevin C. Donaldson. Attorney at Law. Jones Childers Donaldson & Webb PLLC
149 Welton Way, Mooresville, NC 28117
v =
Brief description for the Index:
�U0)
-0,4J
THIS DEED, made this the 21st day of September, 2017, by and between
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L.
GRANTOR: Charles C. Stoner and wife. Eileen T. Stoner
Ca Ur -
whose mailing address is: 121 Easton Drive, Mooresville, NC 28117
0 � a
(herein referred to collectively as Grantor) and
H
o •�
GRANTEE: KASH 1717, LLC. a North Carolina limited liability companv
c0 �
whose mailing address is: 151 Luenut Lane, Mooresville, NC 28117
-'or
(herein referred to collectively as Grantee) and
L .,-
d"3
� d
t++a
WITNESSETH:
";J0
For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged,
b
Grantor hereby gives, grants, bargains, sells and conveys unto Grantee in fee simple, subject to the Exceptions and
Reservations hereinafter provided, if any, the following described property located in the City of
rOnr L
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Township of Davidson County of Iredell, State of North Carolina, more particularly described as follows:
,'
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E
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BEING all of Lot 836, Phase 8, Map 3 as shown on a Recombination Plat of THE POINT( Lots 836 and 837),
m z°=
recorded in Map Book 59 at Page 77 of the Iredell County Registry, a revision of map recorded in Plat Book 39,
Page 25, Iredeli County Registry.
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Said property having been previously conveyed to Grantor by instrument(s) recorded in Book 2163, Page 1755, and
being reflected on plat(s) recorded in Map/Plat Book 59, page/slide 77.
� es
�o'J
All or a portion of the property herein conveyed _X_ includes or does not include the primary residence of a =
—
Grantor.
^
TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee
Revised December 17, 2009

simple, subject to the Exceptions and Reservations hereinafter and hereinabove provided, if any
And Grantor hereby warrants that Grantor is seized of the premises in fee and has the right to convey same in fee
simple, that title is marketable and is free and clear of encumbrances other than as set forth herein, and that Grantor
will forever warrant and defend the title against the lawful claims of all persons or entities whomsoever.
This conveyance is made subject to the following Exceptions and Reservations:
1. ANY AND ALL EASEMENTS, RIGHTS OF WAY AND RESTRICTIONS OF RECORD.
2. ANY AND ALL ZONING AND PLANNING ORDINANCES.
All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and
assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and y irst a written.
SEAL
Charles C. er
Eileen T. Stoner (SEAL)
siaie or Noun uarouna
County of Iredell
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she signed the foregoing document:
Charles C. Stoner and wife, Eileen T. Stoner.
AAk�Date:
Notary Public
M1t, Gib f;��I�S011
Notary's Printed or Typed Name
My Commission Expires:
(SEAL)
(SEAL)
Seal)
Robin `ale Robinson V
�t
Notary Public;
Catawba County
<�
i
North Carolina
Revised December 17, 2009

A mt:
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(2of2) • Ja x
12-Digit HUC (Subwaterstved)
12 LAgit Name: Little Creek Lake Not ma-
12-Digit Code: 030501011202 r
10 Digit Name: Lower Lake Norman
10 DigrtCode: 0305010112
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8 L1ipt Ccxte 03050101
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River Basm: Catawba r
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12 Digit Area (ac): 18.931.00
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