20191640 Ver 1_Minor Variance_20191127

Water Resources
oNm
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
E-FORM VAR 10-2018
Submittal Application dated 11/27/2019
A. General Project Information
For instructions on how to fill out this form, see the 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.
1a. Is this a transportation r Yes
project?* r No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance: f 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)
f Randleman Lake Watershed (15A NCAC 026.0250)
f Tar -Pamlico River Basin (15A NCAC 0213.0259)
f Jordan Lake Watershed (15A NCAC 02B.0267)
C. Applicant/Owner Information
Who is submitting the application:*
Primary Contact:
Primary Contact Email
F- Owner
F
Applicant other than
Owner
W Agent
Check all that apply.
McKenzie Olmsted
This is for who should be notified if a payrrent is required.
[e-mail]
1. Property Owner:
1a. Name:* Al Childers and Marybeth Childers
1 b. Title: Owner

1c. Mailing Address:* Street Address
106 East Laurenbrook Court
Address Line 2
City State / Province / Region
Cary NC
Fbstal / Zip Code Country
27518-6844 US
1d. Telephone:* 919-552-9301
le. Email Address:* [e-mail]
3. Agent Information:
3a. Name:* McKenzie Olmsted
3b. Company Affiliation:* Tripp Loyd Builders LLC
3c. Mailing Address:* Street Address
2501 Reliance Ave
Address Line 2
City State / Province / Fbgion
Apex North Carolina
Fbstal / Zip Code Country
27539 United States
3d. Telephone:* 9193871455
3e. Email Address:* [e-mail]
3f. Attach an agent authorization form.*
Click the upload button or drag and drop files here to attach docurrent
CC E_20191126_234710_0001.pdf 42.9KB
PDF Only
D. Project Information
1. Project Name:*
2. County(ies)*
Wake
3. Property Location:
...........................
3a. Pro pe rty Ad d re ss: *
58 Macgregor Downs
(Subdivision, facility, or establishrrent narre)
n

Street Address
212 Edinburgh Drive
Address Line 2
Oty
Cary
Fbstal / Zip Code
27511-6408
3b. Latitude:
35.7443453
State / Rovince / Fbgion
NC
Country
US
3c. Longitude:
-78.79873199999997
3d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
aick the upload button or drag and drop files here to attach document
FDF Only
* USGS Topo look up
3e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
aick the upload button or drag and drop files here to attach docummnt
FDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)
4. Property Information:
4a. Parcel Identification Number (PIN)
0752957961
4b. Date Property Purchased:
01/31/2018
rmldd/yyyy
4c. Type Book# Page#
of Book IF
Deed1 017035 00260
000
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
aick the upload button or drag and drop files here to attach document
FDF Only
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)?*
r Yes r No r Unknown
A
4i. Directions to site from nearest major intersection:*
From intersection of US1 and US64 take US64 W. Take 1st right onto Edinburgh Drive. Site is on left

5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Swift Creek
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
Construction of a new residential home. Solid surface deck on the rear of the home cantilevers over Zone 2 of the
NRB. Area of deck cantilevering over the buffer is an approximate area of 18 sgft and is approx. 22' above the
undisturbed natural grade of the buffer.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach docurmnt
LOT58MD (15).pdf 135.71KB
PDF 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 1 f. Zone 1 1 g. Zone 2
11 Impact* Required?
Deck cantilever
Permanent
Swift Creek
No
0.00
18.00
Nbp label (e.g. Finad Crossing 1)
(P)
Square Feet
Square Feet
Jone Temporary None No 0.00 0.00
lvbp label (e.g. Finad Crossing 1) (T) Square Feet Square Feet
1 In. Total Zone 1 Impacts: 0.00
1 i. Total Zone 2 Impacts: 18.00
1j. Total Buffer Impacts: 18.00
1k. Comments:
Calculated Mitigation
r
11. Zone 1

Total Impact Multiplier Required Mitigation
0.00
3
0.00
Square Feet
Square Feet
1 m. Zone 2
Total Impact Multiplier Required Mitigation
. Ju
1.50
0.00
Square Feet
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
I— Payment to private mitigation bank
I— Payment to Division of Mitigation (DMS)
17 Permittee responsible mitigation
2b. Provide a description of your mitigation plan.
N/A - there will be no impact on the buffer
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.*
Click the upload button or drag and drop files here to attach document
Lot 58 MacGregor-DRAFT-6 (11.04.19) (8).pdf 599.72KB
FDF 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.).
No impact on buffer
2. Show the location of diffuse flow measure(s) on your site plan.
dick the upload button or drag and drop files here to attach docurrent
FDF 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
FDF only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Click the upload button or drag and drop files here to attach document
FDF Only
H. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Ivhnagerrent Comrission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent cor pliance 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.*
The cantilever of this deck should have no impact on the buffer. It is 24' above the natural undisturbed grade in that
area and will not impact the sunlight or precipitation needed for the vegetation in the buffer under this cantilever. All
efforts have been made to design a home that fits with the tight setbacks without disturbing the buffer. This deck will
be solid surface tile or stone instead of the wood deck that is permittable.
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).*
Buffer rule does not allow for the deck to be solid surface which is impervious. Since this deck is over 20' above the
grade and the cantilever is minimal the impact should be insignificant compared to wood decking.
3. Explain whether the hardship was caused bythe applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
Project is preconstruction, deck has not yet been built.
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. *
This lot has a steep grade down to the lake. Deck is designed to maximize views of the property with no impact on the
buffer. Variance request is based on the height above grade to allow for the cantilevered portion to be solid surface
instead of slatted wood. The shape of this lot is angled across the rear of the home, to create a balanced looking
home the shape of the house is square across the back which creates a corner of the deck which overhangs the
buffer.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*
Topography and shape of the property are unique. The cantilever portion is minimal.
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?*
No
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.
* W 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")
o 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:* McKenzie Olmsted
Signature *
Submission Date: Autonaticallyfilledin

Initial Review
Is the project accepted rJ 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#* 20191640
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

QUEENSFERRY
RD.
SIT,
RUTHERGLEN
DR.
ED/NBU
DR.
QUEENSFERRY
RD.
T R00 J DAN H/yy
LAKE 64
VICINITY MAP
NO S(
LOT
0. 70J
I.14,
58
ACRES
CURVE TABLE
CURVE
DELTA
RADIUS
ARC
CHORD
TANGENT
CHORD BEARING
Cl
9'58'40"
373.52'
65.05'
64.97'
32.61'
N 30'39'06- W
LINE TABLE
LINE
BEARING
DISTANCE
L 1
S 14'55'04" E
57. 18'
L2
N 25'4 124" W
50.00'
RL1. V
5 h6
PKN �
OY
(D �\
SET84CKS
FRONT 50' \�
SIDE 15'
REAR 50' °
LEGEND �� N
(IPF) IRON PIPE FOUND \ �,
(IPS) IRON PIPE SET
(PKN) PK—NAIL
(R/W) RIGHT OF WAY
(g') CENTERLINE OF RIGHT OF WAY
(EOW) EDGE OF WATER
(NRB) NEUSE RIPARIAN BUFFER
LINETYPE LEGEND
BOUNDARY
R/N -- --
SETBACK
EDGE OF WATER------------
FLOODLINE
NRB ------ ------ ------ — PKN
EOW —--- —--- —--- —...—...—
NOTE.'
1. RAW ERROR OF CLOSURE WAS 10, 000+, MISCLOSURE WAS
DISTRIBUTED BY THE COMPASS METHOD. THE DISTANCES
ON THIS MAP ARE ADJUSTED HORIZONTAL GROUND UNLESS
NOTED OTHERWISE. ALL AREAS CALCULATED BY COORDINATE
COMPUTATION.
2. THE PROPERTY IS NOT LOCATED IN THE 100 YEAR FLOODPLAIN PER
F.1. R. M. MAP NO. J720075200 J, PANEL 0752, EFFECTIVE DATE MAY
2, 2006.
J. EDGE OF WATER FIELD LOCATED BY WITHERSRAVENEL 0610412018.
DATE:11/04/2019
SCALE: 1"=50'
SURVEYED BY:
DRAWN BY: JDF
CHECK E7 CLOSURE BY: JDF
CAD FILE: LOT58MD
PROJECT NO: 05180478.00
or
I
0
/
2
100 YEAR FEMA
FLOOD LINE j
PER F.1. R. M. MAP
3720075200J, DATED I
IPF I
0510212006
07
14' TALL I
RET WALL'
N
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DOWNS LLC
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905
t, PORCH
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CANTTILEVILEV ERED
o N PORCH
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30' NRB ZONE
1
SEE NOTE JJ
202 2�'
\
V� 20' NRB ZONE
2
SEE NOTE JfJ
PROPOSED IMPERVIOUS AREA
HOUSE, GARAGE, PORCH @ 1009 10,381 S.F.
CONCRETE DRIVEWAY ® 1009 3, 806 S.F.
RETAINING WALLS @ 1009 143 S.F.
TOTAL IMPERVIOUS AREA 14, 330 S.F.
TOTAL LOT AREA 30,602 S.F.
PERCENTAGE OF
IMPERVIOUS AREA = 46.839
50' 25' 0 50' 100'
GRAPHIC SCALE
PRELIMINARY PLAT OF
LOT 58 MACGREGOR DOWNS
212 EDINBURGH DRIVE, CARY
PROPERTY OF
ALFRED G. CHILDERS AND MARYBETH B. CHILDERS
PREPARED FOR
LOYD BUILDERS LLC.
COUNTY: WAKE I STATE: NC I SHEET: 1 OF 1
NO WithersRavenel
1/ Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 27511
t: 919.469.33401 license #: C-0832
www.withersravenel.com

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. % PLAN NO. PARCEL ID: 0074498
ps e
STREET ADDRESS: 6Z13inN Qil Myy
NC
Please print:
Property Owner:
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
.1KeYipnziu Qim arl of 44D 44dyAh Id rS
(Contractor J Agent) (Name bt cortulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Telephone: gW�552-R301
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
AutWod Ylgnzifure
Date:
I
— /
Date:/ / `

407.0±404.2±HOUSE FFE408405400390380365360355385NEUSE RIPARIAN BUFFERZONE 2NEUSE RIPARIAN BUFFERZONE 130'X391±391±402403404405406
4074104113953853753703753803904
0
0
EDGE OF WATER20'405405405404404403 4024054064074084014003993983973963953933
9
2
405402402
403404394393
393PRELIMINARYNOT APPROVED FORCONSTRUCTIONNOTES:1.THIS PLAN IS FOR PRELIMINARY PLANNING AND ILLUSTRATIVE PURPOSESONLY, AND IS NOT AN OFFICIAL CONSTRUCTION DOCUMENT. THIS PLANHAS NOT BEEN SUBMITTED FOR REVIEW BY ANY REGULATORY AGENCIESAND IS SUBJECT TO REVISION.2.BOUNDARY & EXISTING TOPOGRAPHIC IINFORMATION SHOWN IS BASEDON A PRELIMINARY PLOT PLAN BY THOMPSON & ASSOCIATES DATED03/30/2017.3.PROPOSED BUILDING FOOTPRINT IS BASED ON PRELIMINARYARCHITECTURAL PLANS BY OTHERS.4.THE GRADING PLAN SHOWN ON THIS DRAWING IS PROVIDED SOLELY FORTHE PURPOSE OF ILLUSTRATING THE OVERALL GRADE ANDDRAINAGE/SLOPE PATTERNS THAT ARE ANTICIPATED FOR THEDEVELOPMENT OF THIS SITE. THE BUILDER MAY INCORPORATEADJUSTMENTS AND REFINEMENTS TO THE DETAILED ASPECTS OF THEGRADING PLAN DESIGN.5.THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURINGTHAT ALL SITEWORK GRADING AND EARTHWORK OPERATIONS ARECONDUCTED UNDER THE SUPERVISION OF A GEOTECHNICAL ENGINEERTO ENSURE THAT SUITABLE FILL MATERIALS, COMPACTION ANDCONSTRUCTION METHODS ARE UTILIZED BASED ON THE APPROPRIATECONSTRUCTION CRITERIA.RevisionsK:\16\16-0530\160532-Loyd Builders - Miscellaneous\CAD\Macgregor Lot 58\Base-Lot58.dwg- Monday, November 04, 2019 4:14:25 PM - HART, BRADSheet No.DesignerDrawn ByDateJob No.WithersRavenel115 MacKenan Drive | Cary, NC 27511 | t: 919.469.3340 | license #: C-0832 | www.withersravenel.comEngineers | Planners | SurveyorsChilders Residence212 Edinburgh DriveMacGregor DownsCary, NCPreliminary Site GradingPlanC-102160532.004/10/19WRWR1 inch = 10 ft.10GRAPHIC SCALE051020-DRAFT PRINT-11/04/19EDINBURGH DRIVE60' PUBLIC R/W1. REVISED FLOOR PLAN 04.10.192. REVISED FLOOR PLAN 10.23.193. REVISED GARAGE SIDE 11.04.19