20200357 Ver 1_More Info Requested_20200323

Strickland, Bev
From: Goss, Stephanie
Sent: Monday, March 23, 2020 2:17 PM
To: [e-mail]; [e-mail]
Subject: 115 Ronsard Lane Project
Attachments: Variance Application Instructions_10-2013_FINAL_8-19-15.pdf; Example of Riparian
Buffer Impact map.pub; 115 Ronsard.pdf
Keith and Brad,
On March 6, 2020, the Division of Water Resources (Division) received your application requesting a Riparian Buffer
Minor Variance from the Division for your project. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until the following information is received:
• Section A. 3. Project name is not completed.
• Section A.4c Project location, Site coordinates were not provided.
• Section A.S. Property information is incomplete. Please complete this section.
• Section B. 1b. The provided impact map does not meet the requirements listed. Please revise the impact map
to meet the requirements listed in this section. As the impact map currently stands, it is not possible to
understand the impacts. Also, the square footage of the impacts in Zone 1 and Zone 2 must be identified in the
application. I have included an example of an impact map for your convenience.
• Section C: the mitigation table was not completed. Please complete this section.
• Section D. Stormwater was not completed. Please complete this section. How will the rainfall on the new
impervious surface be directed or handled — For example: The stormwater from the proposed area may flow
from the proposed impervious area as sheet flow. We want to avoid piping any run-off through the buffer and
directing it to the stream.
• Please review the help document for assistance with section E of the application. Describe efforts to avoid and
minimize impacts to the buffers.
Pursuant to Title 15A NCAC 02B .0233 (8), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received in writing within 30 calendar
days of receipt of this letter, the Division will be unable to approve the application and it will be returned.
I have included a copy of your Variance application for editing/revisions. Please return to me once the sections as
detailed above are competed.
Stephanie Z. Goss
Environmental Specialist II
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276og
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties

Example of Riparian Buffer Impact Map
House
Deck
Zone 2 Meuse Buffer 20'
Zone I Meuse Buffer -_
30
MProposed
Existing
Include square footage
i • of new impact in Zone
L)ek 2 on map
Stream Top of Bank

State of North Carolina
DWR 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
The Variance Application (VAR-10-2013) form is required for applicants seeking approval for activities within North Carolina's
protected riparian buffers that are listed as prohibited or are not listed in the Table of Uses of the Buffer Rule applicable to the
property (see citations below). If you are requesting activities listed in the Table of Uses as "Allowable or Allowable with Mitigation",
please use the Buffer Authorization (BA 10-2013) form (found here) to apply for those impacts.
HOW DO I KNOW IF I NEED A VARIANCE?
The riparian buffer must be undisturbed, regardless of property size or type of land use. Within each set of buffer rules*, there is a
Table of Uses for specific activities:
Exempt uses are allowed in the riparian buffer without approval from DWR.
• (Potentially) Allowable or Allowable with Mitigation uses may occur in the buffer once a Buffer Authorization is issued
from DWR. Some of these impacts may require mitigation.
Prohibited uses are not allowed in the buffer unless a Variance is granted from DWR or the N.C. Environmental
Management Commission. Activities not listed in the Table of Uses are prohibited.
* Rules: Neuse -.15A NCAC 02B .0233 (8)(b) Catawba - 15A NCAC 02B .0243 (8)(b)
Randleman - 15A NCAC 02B .0250 (11)(b) Tar -Pamlico - 15A NCAC 02B .0259 (8)(b)
Jordan - 15A NCAC 02B .0267 (11)(c) Goose Creek - 15A NCAC 02B .0607 (e)(2
For projects within the Neuse and Tar -Pamlico River Basins and the Randleman Lake and Jordan Lake Watersheds, a minor Variance
is required for prohibited activities that will impact only Zone 2 of the riparian buffer. A major Variance is required for prohibited
activities that will impact any portion of Zone 1 or any portion of both Zones 1 and 2 of the riparian buffer.
For projects within the Catawba River Basin, a minor Variance is required for prohibited activities that impact any portion of Zone 1
and/or Zone 2 of the riparian buffer. For projects within the Goose Creek Watershed, a major Variance is required for prohibited
activities that impact any portion of the riparian buffer.
Minor variance requests are reviewed and processed by the Division. Major variance requests are reviewed by the Water Quality
Committee (WQC) of the Environmental Management Commission (EMC).
The Division will review your application for initial completeness within 45 days of receipt and notify you if additional information is
needed to process your request. Minor variance requests are processed within 60 days of receipt of a complete application. Major
Variance requests may take up to 6 to 9 months to process. To request that your proposed major variance be presented at the next
scheduled WQC meeting, you must submit a complete major variance application at least sixty (60) days prior to the WQC meeting
date. To view the WQC meeting dates, click on this link: http://portal.ncdenr.org/web/emc . Please note that we cannot guarantee
the proposed major variance will be presented at the next WQC meeting. You may not begin work until you have received your
variance approval letter and/or additional conditions and any required mitigation has been approved.
FEES
There is no application fee for Variance requests.
WHERE TO SEND YOUR COMPLETED VAR 10-2013 FORM
Copies of your completed VAR 10-2013 form with all required attachments must be sent to DWR.
INSTRUCTIONS FOR FORM: VAR 10-2013

For government (NCDOT, City/ Town) transportation projects:
Mailing Address (via US Postal Service)
NC DWR, Transportation Permitting Unit (TPU)
1617 Mail Service Center
Raleigh, NC 27699-1617
For all other projects:
Mailing Address (via US Postal Service including priority mail)
NC DWR, 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Physical Address (via delivery service, UPS, Fed Ex, etc.)
NC DWR, Transportation Permitting Unit (TPU)
512 North Salisbury Street
Raleigh, NC 27604
Physical Address (via delivery service, UPS Fed Ex, etc.)
NC DWR, 401 & Buffer Permitting Unit
512 N. Salisbury St
Raleigh, NC 27604
NUMBER OF COPIES REQUIRED
Provide three (3) complete and collated copies of the VAR 10-2013 form with all required attachments. Instead of providing 3 copies
of the full size plans, you may provide two copies of full size plans along with one copy of 11 x 17 inch size plans. Be sure to include
a copy of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk.
APPLICATION FORM
Below you will find detailed instructions on how to fill out each section of the VAR 10-2013 form.
A. General Information — Although the agencies will communicate with the individual(s) listed as the applicant on the VAR 10-2013
form, the owner receives the original of all communications. The variance must be issued to the legal owner of the property.
1. Applicant's Name
Provide the name of the corporation, individual, etc. who is requesting the variance. If the applicant is not the owner of the
property, you must include an agent authorization letter with your VAR 10-2013 form for it to be considered complete. A
signed and dated copy of an Agent Authorization letter must be attached if the Agent has signatory authority for the
owner/applicant. (See sample form on the web:
http://www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORIZATION FORM.pdf)
2. Property Owner/Signing Official
Provide the name of the corporation, individual, etc who owns the property. A responsible individual must be identified for
the proposed project, even if it is a corporate effort. Provide the property owner's mailing address, telephone number and
email address.
3. Agent/Consultant Information
Provide the agent/consultant's name, mailing address, telephone number and email address. If you list an agent or
consultant, you must include an agent authorization letter with your VAR 10-2013 form for it to be considered complete. A
signed and dated copy of an Agent Authorization letter must be attached if the Agent has signatory authority for the
owner/applicant. (See sample form on the web:
http://www.saw.usace.army.miI/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORIZATION FORM.pdf)
4. Project Name
If your project has a formal name please use this. If your project does not have a formal name, please identify your project
by the owner name and proposed activity (Jones Property Access Road, Smith Guest House, etc.) List in parentheses any
other names that have been used to identify the project in the past.
5. Project Location
5a. Provide the street address of the proposed project.
5b. List the county in which the project is located.
INSTRUCTIONS FOR FORM: VAR 10-2013 Page 2 of 7

5c. The site coordinates are necessary so the agencies can accurately locate and analyze impacts from your proposed
project. Site coordinates can be obtained from maps (see 5d. below), surveys, or from GPS devices. Coordinates
should be written as latitude and longitude and expressed in decimal degrees. For assistance in finding the
latitude/longitude information for you project, please try iTouchMap.com (http://itouchmap.com/latlong.html).
5d. USGS maps may be found via the USGS Store at: http://store.usgs.gov. Click the Map Locator & Downloader link on
the right side of the screen and follow instructions on getting your most recent version of the 1:24,000 scale
topographic map.
5e. Natural Resources Conservation Service (NRCS) Soil Surveys for North Carolina Counties may be found at
http://www.nres.usda.gov/wps/portal/nres/surveylist/soils/survey/state/?stateld=NC . Use the table under "Soil
Survey Maps" at http://portal.ncdenr.org/web/wq/swp/ws/401/riparianbuffers/maps to determine the most recent
published version. You may also contact your local NRCS office for a paper version of your County's Soil Survey.
Contact information for local offices may be found by county at:
http://offices.sc.egov.usda.gov/locator/app?service=page/CountVMap&state=NC&stateName=North/`20Carolina&st
ateCode=37 . The "Web Soil Survey" may not be used for the purpose of the riparian buffer rules.
6. Property Information
6a. Property identification no. (Tax PIN or parcel ID):
List the identifying tax ID, parcel ID or PIN (whichever is the primary identifying information for real estate tax
purposes in the county in which your property is located) and pertinent information. This information can frequently
be found online through your county tax records or on a real estate tax invoice for the property, or from the local
County tax assessor's office or register of deeds. Some counties have interactive GIS maps that show the property
identification numbers as well.
NC State Property Office Web link to find tax parcel ID for your county: http://www.ncspo.com/gis/county.htm
NC County GIS Data from NCSU: http://www.lib.ncsu.edu/gis/counties.html
6b-e. Self explanatory.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
A list of the 20 Coastal Counties can be found at: http://portal.ncdenr.org/web/cm/cama-counties.
7a. In which Area of Concern (AEC) do you fall (30 ft or 75 ft)?
To learn more about AECs and CAMA permits, visit the NC Division of Coastal Management's (DCM) web site:
http://dcm2.enr.state.nc.us/Permits/aecs.htm Contact information for the NC DCM representative for your project
area can be found at: http://dcm2.enr.state.nc.us/contact dcm.htm.
7b. What is the total percent of impervious cover that you have proposed within the AEC?
To determine the percent of impervious cover, total the square footage of impervious cover (e.g. buildings,
sidewalks, patios and decks) proposed within the AEC and divide it by square footage of AEC on the property.
8. Directions to site from nearest major intersection:
Self explanatory.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
If a creek or other waterbody does not have a name, please identify it as an "Unnamed tributary to " and list the
nearest named stream to which it flows. The nearest named body of water can be found by looking on the 1:24,000 USGS
Topographic map for the project.
The classification can be found by searching for the named stream on the list of waterbodies posted at:
http://Portal.ncdenr.org/web/wq/ps/csu/classifications. You may search by basin from a hydrologic listing or an
alphabetical listing (posted on the left side of the page). The classification entry might read "C; NSW", for example. You
may also use the NC Surface Water Classifications Map to navigate to your location for surface water information based on
location: http://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6el25ad7628f494694e259c8Odd64265.
INSTRUCTIONS FOR FORM: VAR 10-2013 Page 3 of 7

9a. For Goose Creek, is the buffer in the 100-year floodplain?
The 100-year floodplain is the one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain
Mapping Program in the Division of Emergency Management (http://www.ncfloodmaps.com/).
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases):
Examples include CAMA Major, CAMA Minor, 401 Certification, 404 Permit, stream determination, on -site wastewater
permit, NPDES permit (including stormwater), non -discharge permit, water supply watershed variance,
erosion/sedimentation control, etc.
B. Proposed Activity
1a. Provide a detailed description of proposed activity including its purpose:
Explain what you are proposing to do in this project and why it is necessary. For example, if you are building an addition to
a house, write "building an addition onto existing house to accommodate an expanding family".
1b. Attach a site plan: include items listed on the application form.
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Temporary impacts include temporary roads, temporary sediment and erosion control devised and
those areas that would be cleared for construction of the project, provided they would be allowed
to revegetate once construction of the project is complete. Mitigation is not required for
temporary impacts.
Buffer mitigation is required for all permanent impacts to Zone 1 and 2 of the riparian buffer. If
you are unsure if mitigation is required, please call the NC DWR 401/Buffer Coordinator at (919)
807-6364.
• Zone 1 and Zone 2:
In the Neuse, Catawba, and Tar -Pamlico River Basins and the Randleman Lake and Jordan Lake Watersheds, the
50-foot riparian buffer has two zones:
• Zone 1:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of the top of bank
or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the surface
water.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin at the most
landward limit of the normal water level or the rooted herbaceous vegetation and extend landward a
distance of 30 feet.
(iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 02B .0202) within the jurisdiction
of the Division of Coastal Management (DCM), Zone 1 shall begin at the most landward limit of the
following and extend landward a distance of 30 feet:
a. the normal high water level;
b. the normal water level; or
c. the landward limit of coastal wetlands as defined by DCM;
• Zone 2:
Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and
2 shall be 50 feet on all sides of the surface water.
In the Goose Creek Watershed, the riparian buffer is 200 feet within the 100-year Floodplain and
100 feet outside of the 100-year Floodplain. There are no Zones within the Goose Creek rules.
INSTRUCTIONS FOR FORM: VAR 10-2013 Page 4 of 7

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 1 and Zone 2: See the descriptions above.
Total impact (square feet): This number should correspond with the square footage on your impact map that
requires mitigation. Note this number may be less than the total proposed impacts if not all of your proposed
impacts require mitigation.
Required mitigation (square feet): Multiply the total impact for each Zone with the Multiplier number in the
Multiplier column and enter the result here.
Total buffer mitigation required: Add the required mitigation for Zones 1 and 2 to determine the total mitigation
required.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the
applicable river basin/watershed.
Buffer mitigation may be met through one or a combination of the following options:
• Payment of a compensatory mitigation fee to a private mitigation bank or NC Ecosystem Enhancement Program
(NC EEP) if mitigation is not available from a private mitigation bank.
• Restoration or enhancement of a non -forested riparian buffer
3a. Is buffer restoration or enhancement proposed?
If on -site riparian buffer restoration or enhancement is proposed, a detailed restoration or enhancement plan must be
included in the application package following the most recent DWR guidelines:
http://Portal.ncdenr.org/web/wq/swp/ws/401/riparian buffers. Attach all appropriate information as identified within
15A NCAC 02B .0242, .0244, .0260, .0244, .0252, .0609, or .0268.
3b. Is payment into a buffer restoration fund proposed?
Answer yes if you plan to purchase riparian buffer mitigation credits from a private mitigation bank or NC EEP. A list of
available mitigation banks can be found online at: http://portal.ncdenr.org/web/wq/nutrientbufferbanks. Information
regarding NC EEP's procedures for requesting and purchasing mitigation may be found at
http://Portal.ncdenr.org/web/eep/mitigation-applicants . If mitigation is proposed through a private mitigation bank
or NC EEP, the acceptance letter must be included in the application package specifying that they have the appropriate
number of credits that your project requires. DWR recommends that you request the maximum possible mitigation
amount that may be required so that you will not have to get further approval on short notice.
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.).
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and re-establishing
vegetation. Flows from new ditches or manmade conveyances may require installation of a level spreader (or other BMP if
site constraints prevent the use of a level spreader) to diffuse the flow. Please see Chapter 8 of the NC Stormwater BMP
Manual, for detailed information on how to meet diffuse flow requirements.
1a. Show the location of diffuse flow measure(s) on your site plan: Self explanatory
1b. Attach a completed Level Spreader Supplement Form (or BMP Supplement Form where appropriate) with all
required items for each proposed BMP. The supplement forms may be found at
http://Portal.ncdenr.org/web/wq/ws/su/bmp-ch8 .
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader. The Level Spreader Inspection
and Maintenance Form may be found at http://portal.ncdenr.org/web/wq/ws/su/bmp-ch8 .
INSTRUCTIONS FOR FORM: VAR 10-2013 Page S of 7

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.
These variance requests require that you develop a stormwater management plan to treat stormwater from the impervious
area proposed within the riparian buffer. If it is not feasible then you may treat an equal amount of existing impervious
surface area such as stormwater from existing roofs, sidewalks, driveways, patios, etc. A stormwater treatment plan is only
required for Catawba variance requests that include impacts to Zone 1 of the riparian buffer.
2a. Show the location of BMPs on your site plan: Self explanatory
2b. Attach a Supplement Form for each structural BMP proposed. Please see the NC Stormwater BMP Manual for
detailed information on how to design and use BMPs.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed. These forms are contained in
the specific chapter for each BMP type in the NC Stormwater BMP Manual.
E. Demonstration of Need for a Variance
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.
In considering 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 Division will review the application to determine if impacts to
protected riparian buffers have been avoided and minimized
Minimizing and avoiding impacts should be a critical part of the design process. The following is a checklist of avoidance
and minimization questions that the Division often looks for in applications. If the answer to any of the below questions is
"yes" then you must provide a specific justification addressing these issues as to why the impacts are necessary.
• Can property access routes be moved or reduced to avoid or reduce stream, wetland, water, and buffer impacts?
• Can a building, parking lot, etc. be realigned to avoid or reduce impacts?
• Can the site layout be reconfigured to avoid or reduce impacts?
• Can headwalls or steeper side slopes be safely used to avoid or reduce impacts?
• Can a retaining wall be safely used to avoid or reduce impacts?
List all techniques and practices that you plan to use to avoid and minimize (i.e. reduce) impacts from the construction of
the project (e.g., scheduling issues to avoid certain time -specific and aquatic impacts, erosion control measures, hand
clearing versus use of heavy equipment, site access from high ground, pre -fabrication of materials in high ground to
minimize time in sensitive environments, building elevated structures over wetlands or streams to transport equipment,
etc.).
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).
If adherence to zoning setbacks prevents reconfiguration of your project to avoid or minimize impacts to the protected
riparian buffer then applicants should request a variance from local municipalities prior to requesting a variance from the
applicable Buffer Rule.
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.
Self explanatory
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.
Conducting an activity within the protected riparian buffer that is not listed as Exempt in the Table of Uses of the applicable
Buffer Rules without a Buffer Authorization or Variance would constitute a violation.
INSTRUCTIONS FOR FORM: VAR 10-2013 Page 6 of 7

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?
The effective date for each Buffer Rule is listed below.
Neuse - July 22, 1997 Tar -Pamlico - January 1, 2000
Catawba -June 30, 2001 Jordan - August 11, 2009*
Randleman - April 1, 1999 Goose Creek - February 1, 2009
*Or date local program was adopted
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread.
Self explanatory
F. Deed Restrictions
All stormwater management structures shall be located in recorded drainage easements for the purposes of operation and
maintenance and shall have recorded access easements to the nearest public right-of-way. These easements shall be granted in
favor of the party responsible for operating and maintaining the stormwater management structures.
F. Applicant's Certification
The application must be signed and dated by the person(s) who is/are legally responsible for the property and its compliance. If
an agent is filling out the application, the agent should not sign the application unless they are certifying that they will be the
responsible party for the property's compliance.
INSTRUCTIONS FOR FORM: VAR 10-2013 Page 7 of 7

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