The URL can be used to link to this page

Home My WebLink About20130999 Ver 1_Major Variance_20130916NCDEE R North Carolina Department of Environment and Natural Resources Division of water Quality Pat McCrory Thomas A. Reeder Governor Acting Director Variance Request Form (For Minor and Major Variances) Protection and Maintenance of Riparian Areas Rules NOTE., Thisform may be phorocopiedfor use as an original. Check the appropriate box below: ❑ Major Variance EV Minor Variance John Skvada Secretary RECEIVED SEP 16 2013 DWQ -WARD , \-; � - pan Please identify which Riparian Area Protection Rule applies (Note-this must be one of North Carolina's four buffered river basins. The River Bain map is available at http://h2o.enr.state.ne.us/admin/mao.) 1� Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) o Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applican 's name ( corporation, individual, etc. who owns the property): 2. Print owner /Signing official (person h Name: Title: own ow of Street address: City, State, Zip: —Awe.- e.— L Telephone: (/pl - Fax: t . ... 1... . esponsible for the property and its compliance) 3. Contact person who can answer questions about the proposed project: Version 6: July 2009 Name: Fax: Email:L^L��!CXcti 4. Project name (Subdivision, facility, or establishment name -consistent with project name on plarippecifi9pti9nsp le , oyeration and maintenance agreements, etc.): + �� ra r. / 5. Project location: Street address: City, State, Zip: County: _� Y_lt.Y_ L N..-- Latitude /longitude: -_ . ..., 4?p3__1O)jJ 6. Date property was purchased: _ !�ZJ `/ 2 7. Directions to site from nearest major intersection (Attach an 8 %2 x I I copy of the U SGS topograp is map indicating the location of the site). 8. Stream to be impacted by the proposed activity: Str name (for unnamed stream 1 bel as " UT to the nearest name stream): �g/C 9. Which of the following permits /approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit _... _ On -site Wastewater Permit _ NPDES Permit (including stormwaler) _.. ✓. —_ Non- discharge Permit Water Supply Watershed Variance - -- Erosion/Sedimentation Control Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insu)Jr1cient.) 1. Description of proposed activity (Also, please attach a map of sufficient detail (such as a plat map or site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in lit c1 k c�� ircro65 L,124-..._o -+ sun�oo�ar , lJ�clJ�,aav Variance Request Form, page 2 Version.6 July 2009 5e k7a✓'v— t OC–+st je_ aC odi s r v r 2. Fill in the table below to identify the square footage of impact to Zones I & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): 'Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone I. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or en�haancem leqnt of existing vegetation, a��c /)1 / dec 5 __�¢" �hot�e ql �e K /i f Fi t. r�,j 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved. V aHanee Request Form, page 3 Version 6 July 2009 Buffer Impact Zone of Impact in Number Purpose for Multiplier Required Impact Square Feet (Indicate on the Impact Mitigation Plan Sheet Zone 1 0 3 � Zone '2 15 Total 'Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone I. 3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: 4. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or en�haancem leqnt of existing vegetation, a��c /)1 / dec 5 __�¢" �hot�e ql �e K /i f Fi t. r�,j 5. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved. V aHanee Request Form, page 3 Version 6 July 2009 (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Part 3: Stormwater 1. Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity. Please ensure to include all applicable operation& maintenance agreements and worksheets for the pro ose BMPs. Also, include the B�'� ?n your Ian she 2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers. Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. See I" r iv 3r 3. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage basin Site of drainage basin (ac) Post - development nitrogen° loading rate without BMPs' Obs/ae/yr) BrMP trilmSend removal efficiency' 00 Final nitrogen` loading rate (Ibslacfyr) Final nitrogen' loading from drainage basin !bs I GL yl ww- y16Yte $K— n 6`,� 2 3 4 S Atlach calculations and references. r Attach calculations and references. 6Include Phosphorus in the Tar - Pamlico Basin 4. Attach all applicable supplement'form(s) and Inspection and Maintenance (I &M) Form(s)to this completed application. The applicable supplemental form(s) and,I &M form(s) for the proposed BMPs noted in your application can be downloaded from the following website: http : / /h2o,enr.state.ne.us /su /bmn forms.htm � Variance Request Form, page 4 Version 6 July 2009 �Vsrt 4: Proposed Impacts and,Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242 fbi the Neuse Basin and 15A NCAC 213.060 for the Tar - Pamlico Basin. If buffer restoration is the method you are requesting, be sure to include 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. A guide to buffer restoration can be downloaded at the following website: httn: / /riww.neeeo.net/news /reports /buffers.pdf If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested. Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded stormwater 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. Part 6: Applicant's Certification 1, _ W ✓ 5 c -- _ _ (print or type name of person listed in Part 1, Item 2), certi that the informa ion 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 Part 5 of thi>*5f o- will be pl:6 ded with all required permit conditions. Signature; Date: Title: 3.... -...— -- -- -- — ....,....._.... Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pol) format on a CD or floppy disk. Variance Request Fmm, page 5 Version 6 July 2009 Part 8: Checklist A complete application submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Ioitis[s - ) Item • Original and two copies of the Variance Request Form and the attachments listed below. . • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 4) Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin) loading estimates (see Part 4) Calculations and references supporting nitrogen (phosphorus in the Tar - Pamlico Basin) removal from proposed BMPs (see Part 4) Location and details for all proposed structural stormwater BMPs (see Part 4) Three copies of the applicable Supplement Form(s) and I &M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 4) Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (I"= 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0, Dimensioned property/project boundary .0 Location map with named streets or NC State Road numbers 4 Original contours, proposed contours, spot elevations, finished floor elevations -0 Details of roads, parking, cul -de -sacs, sidewalks, and curb and gutter 0 0 r! 0 -0 Variance Request Form, page 6 Version 6 July 2009 Footprint of any proposed buildings or other structures Wetlands delineated, or a note on plans that.none exist Existing drainage (including off - site), drainage easements, pipe sizes, runoff calculations Drainage basins delineated Perennial and intermittent streams, ponds, lakes, rivers and estuaries Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries 6-108 Casticlon Ct, New Bern, NC 28560 Directions, Location and Map I MapQuest Page I of I Notes mapquest' Map of: 6108 Castleton Ct New Bern, NC 28560-7173 BOOK TRAVEL with mapquest• (877) 577-5766 AR 2� 4P , ' W'W .Z RP Wh 3�11 64 R mkv f N or 'Ili mor��% W013 mwou ft. UmddrYetl0lp.Nm.P.'. .u) btlf0W4PQU,StTr Imuft YOU Mume SO nU 0 UN. V, Tem, 94 U http://www.mapquest.com/print?a=app.core.aebd21 dd22badb9cc9dla5d0 9/12/2013 ,A O OD > Pj I ITI -A I Rl RI x .4gil JUN Kr O IOM i IT si v. ji 1( 7 t.) 00, WIM t � lf-� i TI C� ip v. ji 1( 7 t.) 00, WIM t � lf-� i TI lit L CD is TY, Scheller, Roberto From: Connie Simpson [nc6108 @gmail.com] Sent: Thursday, September 12, 2013 12:03 PM To: Scheller, Roberto Subject: Re: Deck Construction within Neuse Riparian Buffer Attachments: Variance6.jpg; Map.jpg; PlotPlanl.jpg; P1otP1an2.jpg, Variancel.jpg; Variance2.jpg; Variance3.jpg; Variance4.jpg, Variance5.jpg Hello Roberto, Attached is the completed application (Variance 1 thru 6), plus a copy of our plot plan (in 2 parts) and a map of the area. Unfortunately, I am unable to send these in PDF format due to computer /printer constraints. Due to this, there are several attachments. Please call me if you have any questions. Wray Simpson 614 -406 -8599 On Mon, Sep 9, 2013 at 4:36 PM, Scheller, Roberto <roberto.schellern,ncdenr.aov> wrote: Mr. Simpson: Attached to this email should be a copy of a Variance Request form. Please complete and return to me. We will also need a copy of your deed or plat showing the date of when property was recorded as residential property. If your lot was recorded before August 1, 2000 you may be eligible for Session Law 2012 -200 which would permit you to construct your proposed deck, or even a larger deck, within Zone 2 of the riparian buffer. Please give me a call so can further discuss your project. Thank you RL Scheller Division of Water Quality Surface Water Protection Section Washington Regional Office 252 -948 -3940 * *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. **