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HomeMy WebLinkAbout20200357 Ver 1_Minor Variance_20200309State of North Carolina Department of Environment and Natural 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 ra1"" 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 1. Applicant's Information(if other than the current property owner): Name: V e-,`�-,, cow Poo o / S ) Title: � t, -(:u r der, - Street Address: Iso �-I \-) r l J q W 0 J r C It - City, State & Zip: {_q le Is �, /\,) C_ � �} % C) I Telephone: [ 1 - '� H_ Email: C,.� � (t'y I� i`�'S i C r� Pcy A AJ d Co 1L_-\ 1. Property Owner/Signing Official (person legally responsiblefor the property and its compliance): Name: Y-YNC Title: r— / Street Address: i 1 !1 err-0 k_.e l rN I - City, State & Zip: C4 7 N C Telephone: I ' D- 1 *_ co Email: t• i i C4 � r-q � _ q Tr- ' FORM: VAR 10-2013 2. Agent Information: 3a. Name: Company Affiliation: Street Address: City, State & Zip: Telephone: E-mail: v 711 - A It-,? — Lh's 7 - 3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner. 3. Project Name (Subdivision, facility, or establishment name): 4. Project Location: 5a. Street Address: / / Sk0 n S a rf_ )—« City, State & Zip: Ca (o :7 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 %2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 5. Property Information: 6a. Property identification number (parcel ID): d 0e5- Is- 9 UM 6b. Date property was purchased: 6c. Deed book 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 of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ❑ YES T 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: :U 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification PT 4 44' G'eTL ,. S- —III OQ� LU 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: B. Proposed Activity 1. Project Description 1a. Provide a detailed description of the proposed activity including its purpose: of q Cdtom['"1. &`�-ZC PC,., CA r Id P 6f tl11"- 6 'Z' C Q 1 /`I + <� 0 i i' r &' J r 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 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 ftlon 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) 131 - E] P ❑ T *Yes ❑ No 16 B2 - P ❑ T ❑ Yes EXNo B3 - P ❑ T ❑ Yes o 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. Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba only) Zone VfU3 1.5 Total Buffer Mitigation Required: ,For projects in the Goose Creek Watershed, list all riparian butter impacts as cone 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. fl) �41, ) ob r," 3a. Is buffer restoration or enhancement proposed? ❑ Yes Y 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? e� 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.). 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. 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. � + '� ✓ � 4A A P `J"� , a f- �4+ s r rt t kk� f` e ?? - c• ^ t f`Cl E. ,- k, 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 restri tions or other hardships (e.g. zoning setbacks, floodplains, etc). !_:.e4— ^{—._,- e­�v %/ 1%441. f'l- 1 3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different 4. Explain>Aether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule. 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? ",_ ,s 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread. M F. Deed Restrictions n 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. Applicant's Certification I, R\ :ge t-�- K (70 W-t-( I (print or type name of person listed in Section A, 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 Section F of this form will be recorded with all required permit conditions. Signature: Date: a FORM: VAR 10-2013 Page 6 of 6 Neuse 01 Riparian Buffer Credits Statement of Availability February 27, 2020 Mr. Brad and Katie Klingemann 115 Ronsard Lane Cary, NC 27511 RE: Availability of Riparian Buffer Credits for the "Homeowner Brad and Katie Klingemann" project Bank Name: WEI - Neuse 01 Nutrient Offset and Buffer Umbrella Bank Bank Site: Buck Swamp Parcel Bank Sponsor: Wildlands Holdings 11, LLC (wholly owned by Wildlands Engineering, Inc.) DWR Project #: 2012-0144v2 Permittee: Mr. Brad and Katie Klingemann Riparian Buffer Credits Needed: 100 sq. ft. Riparian Buffer Credits Available: 7,997.60 sq. ft. Neuse 03020201 River Basin Dear Mr. Brad and Katie Klingemann, Wildlands Holdings II, LLC currently has sufficient riparian Buffer credits from the WEI — Neuse 01 Nutrient Offset & Buffer Bank (Buck Swamp Parcel) to satisfy the riparian buffer mitigation requirements related to the above -mentioned project. The project is located within the service area (HUC 03020201) of the Bank. This letter is simply a statement of availability of credits as of the date written. Although current inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. (note that Wildlands has 5 other banks in the Neuse 01 River Basin and over 10 acres of buffer credits available at the time of this letter.) An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30 days from the invoice at no cost. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification Authorization Certificate from the NC Department of Environmental Quality approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holding II, LLC. We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina Division of Water Resources and to you for your records We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at 205-807-0800 or ihazelhoff@wildlandseng.com if you have any questions or need any additional information. Wildlands Holdings il, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition ihazelhoff@wildlandseng.com 0: (704) 332-7754 ex. 120 M: (205) 807-0800 Cc: Mr. Keith Cowell, Prestige Pools of NC, LLC Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 313/2020 Pool Agent FormGignedJpg SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION, LOT NO. PLAN NO. PARCELID: STREET ADDRESS: // Please print: Property Owner: Property Owner. � / ' / ^1 ( /�v-i' _ I The undersigned, registered property owners of the above noted property, dohereby authorize (Contractor /Agent) (Name oVconsulting 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): Wehereby certify the above information submitted inthis application is true and accurate tothe best nfour knowledge. 4Wigna - Au nature4 1 1� x«pc8ma u,, no�/vrvn"..=..""""°=,`""..poj~.~.-.~.....". ~.. .. ll S-- �',n S, ,,� TTOA'IFFER. 30.0'� 1 'forr AI!(ITr) ; ANHOLE,l 'ALVe CENTERLINE OF SEWER EASEMENT STREAM LOCATED IN FIELD (TYP) /�• `�i� LOT 234 BENCHMARK 42 L� TOP OF MANHOLE 146 LOT 252 -' MACGREGOR WEST PHASE III 24,520 SQ. FT. 0.56 ACRES R=55.00' L=49.57' Delta =51 038'12" LOT 251 20.0' INLET