20200357 Ver 1_Minor Variance_20200326

State of North Carolina
DWR Department of Environment and Natural Resources
Division of Water Resources
Division of Water Resources
15A NCAC 026 .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 XXX 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:
Title:
Street Address:
City, State & Zip
Telephone:
Keith Cowell (Prestige Pools
President
3021 Villawood Circle
Raleigh, NC 27603
919-349-4739
Email: [e-mail]
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
Brad Klingemann
Title:
Owner
Street Address:
115 Ronsard Lane
City, State & Zip:
Cary, NC 27511
Telephone:
949-943-9078
Email:
[e-mail]
FORM: VAR 10-2013

3. Agent Information:
3a. Name:
Company Affiliation
Street Address:
City, State & Zip:
Telephone:
Keith Powell
Prestige Pools of NC
3021 Villawook Circle
Raleigh, NC 27603
919-349-4739
E-mail: Keith@ PrestigePoolsNC.com
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):
Klinaemann Familv Flower Bed and Patio
5. Project Location:
5a. Street Address: 115 Ronsard Lane
City, State & Zip:
5b. County:
Cary, NC 27511
Wake
5c. Site Coordinates (in decimal degrees): 35.75 Latitude-78.874 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 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
k-]
115 Ronsard
Determination Lette
6. Property Information:
6a. Property identification number (parcel ID): 0752578273
6b. Date property was purchased: 4/23/2019
6c. Deed book 17420 and page number 0938
6d. Map book 1993 and page number 933
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 X NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?
FORM: VAR 10-2013
Page 2 of 6

7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
8. Directions to site from nearest major intersection:
64 West, Right on Chalon Drive, Right on Raphael Drive, Right on Versailles Drive, Left on Ronsard Lane
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
4T to Swift Creek WS-111, NSW
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:
1) Proposed oroiect provides a patio around the cool deck. Encroachine Zone 2 by <30 ft"2 on the northwest edee. (2) In order to
provide a safe and usable transition from house and patio down to ground level the existing (lumber) wall will be modified to
incorporate stairs. The existing slope of —10ft make the terrain dangerous and unable to navigate for walking, mowing grass or any
similar activities. Beside the stairs a small retaining wall will be built to border a flower bed. This is necessary to provide a tiered
descent from the upper (house) level to the ground (grass) area. This flower bed will encroach the Zone 2 by approximately 70 ft"2.
Attached are 2 documents: 1) survey: showing topology slope of the property and the existing structures. 2) Plan: highlighting 2
small areas which encroach on Zone 2
L�p LW
115 Ronsard Patio and Flower
Survey.pdf Bed Plan.pdf
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
FORM: VAR 10-2013 Page 3 of 6

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 ft' on the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
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
Patio
X Yes ❑ No
0
30
B2 - ® P ❑ T
Flower Bed
X Yes ❑ No
0
70
B3 -❑P ❑T
❑ Yes ❑No
Total Buffer Impacts
100
'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'
0
3
0
(2 for Catawba only)
Zone 2
100
1.5
150
Total Buffer Mitigation Required:
150
'For projects in the Goose Creek Watershed, list all riparian buffer impacts 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.
In addition to the necessary mitigation credits required. The plan (in coordination with neighbor located directly behind the
property) is to plan several magnolia trees between the pool/patio and the creek. The trees will provide a visual "screen"
between the properties as well as mitigate the river basin/watershed.
3a. Is buffer restoration or enhancement proposed? ❑ 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.
FORM: VAR 10-2013 Page 4 of 6

3b. Is payment into a buffer restoration fund proposed? X 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.
R
Mitigation
Cred its. pdf
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.).
Existing stormwater from the entire property drains thru the back yard into the creek. The project will curtail this in 2 ways. 1)
Majority of run-off will be redirected to the existing storm drain at the north end of the property. 2) Previously described flower
bed will also capture run off. Flower bed is planned with the following vegetation.
7g 6 LMC `Soft Caress' Mahonia Mahonia eurybracteata 1-14' S4' Green Foliage With Berries
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.
The shape of the property, irregularity of the creek path and slope of the yard make the backyard largely unusable and
dangerous. (The slope of area B-2, in particular is a slip hazard when wet and roll hazard when mowing.) The shape of the creek
FORM: VAR 10-2013 Page 5 of 6

comes very close to the house, leaving no other option to traverse the backyard without infringing on the buffer area.
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).
The buffer rule covers the entire back line of the property. The sides of the property are also governed by property line set
backs. The closeness of the 50ft buffer to the house, require some encroachment on the buffer to allow safe transport across
the property.
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.
The Die shaae of the Drooerty reauire the house to be set back. This combined with the shaae of the creek and slope are uniaue
to this Droaerty and differ from the neighboring houses.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
We were unaware of the buffer rules will purchasing the house and are now doing our best to work with the required
government offices to work within the rules.
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.
As noted above, the path of the creek and shape of the property are unique to this lot.
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. Applicant's Certification
I, Bradley Klingemann (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: 3/26/2020
FORM: VAR 10-2013 Page 6 of 6