HomeMy WebLinkAbout20130570 Ver 1_WQC or EMC Recommendation_20131017A �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
Request for a Major Variance from the
Neuse River Riparian Area Protection Rules
Byron and Jessica Trimmer
8909 Oxbridge Court
Raleigh, NC
November 13, 2013
Byron and Jessica Trimmer have requested the Water Quality Committee (WQC) to grant a
Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for
construction of a screened porch and deck expansion to an existing single family residence and
rain garden at 8909 Oxbridge Court in Raleigh, NC. The proposed screened porch /deck
expansion and rain garden would impact 349 square feet of Zone 1 and 60 square feet of Zone
2, respectively.
Accordingly, pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the
preliminary finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 02B.0233 (9)(a).
15A NCAC 02B .0233 (9)(a)(i) states the following.
"There are practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his /her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
401 & Buffer Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 � ���`/ /��
Phone: 919- 807 - 6300 \ FAX 919- 807 -6492 Na
Internet: www.ncwaterquality.org
Byron & Jessica Trimmer
8909 Oxbridge Court
Major Variance Request — DWQ Findings of Fact
Page 2 of 4
B. The hardship results from application of this Rule to the property rather than from other
factors such as deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
E. The applicant did not purchase the property after the effective date of this Rule, and
then request an appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others,
and would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. The applicants would not be able to build the screened porch and deck expansion if
they cannot impact the buffer. The Division believes that the applicant can make
reasonable use of their property without additional impacts to the protected
riparian buffer. However, the applicant has limited space for outdoor recreation
with the tributary located approximately 5 to 20 feet from the existing deck. The
existing deck is approximately 40 percent smaller than other decks in the
subdivision. According to the applicant, one section that is 7 feet in depth is too
narrow for effective use. The applicant minimized the proposed impacts to the
buffer from the original application by 96 square feet.
B. The hardship results from the application of this rule.
C. The hardship is due to the physical nature of the applicant's property. An unnamed
tributary to Hare Snipe Creek runs along the back of the existing residence. The back
of the house is located within Zone 1, and most of the backyard is Zone 1 of the
buffer.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rule.
The applicant purchased the property on June 15, 2006, which is after the effective
date of this Rule. The lot was platted and the house was constructed in 1994.
The hardship is unique to the applicant's property in that the existing residence was
constructed 5 to 20 feet from the tributary prior to the implementation of the buffer
rules with an inadequately sized deck. Any expansion to the deck would require
impacts to Zone 1 of the buffer. This constraint is different from that of most of the
other properties in the subdivision.
Byron & Jessica Trimmer
8909 Oxbridge Court
Major Variance Request — DWQ Findings of Fact
Page 3 of 4
15A NCAC 02B.0233 (9)(a)(ii)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:
The purpose of the riparian buffer rules is to protect existing riparian buffer areas. It could be
argued that the applicant could utilize the existing deck without impacting the riparian buffer.
However, the applicant is proposing to: 1) purchase 1,100 square feet of buffer mitigation
credits, 2) restore 37 square feet of Zone 1 buffer, 3) construct a bio- retention area designed to
treat more than twice the amount of impervious surface added in the buffer by the proposed
screened porch and deck expansion, and 4) place a protective covenant on the lot. This
protective covenant will prohibit filling, draining, creation of new concentrated stormwater
flow, and impacts to existing riparian buffer vegetation and ensure alterations of the rain
gutters and bio- retention area do not occur.
15A NCAC 02B.0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare have been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
In granting the variance, water quality has been protected and substantial justice has been
done.
There will be an improvement of the nutrient load to the unnamed tributary to Hare Snipe
Creek from this property if the variance is approved through installation of a rain garden to
treat approximately 900 square feet of existing roof drainage and restoration of 37 square feet
of Zone 1 buffer. The applicant is also proposing to purchase 1,100 buffer mitigation credits
and place a protective covenant on the lot.
This Major Variance as proposed is consistent with past Major Variance approvals from the
Water Quality Committee.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for
a Major Variance from the Neuse Riparian Area Protection Rules because practical difficulties or
unnecessary hardships are present; the harmony and spirit of buffer protection requirements
are met; and the protection of water quality and substantial justice has been achieved as
required in 15A NCAC 02B .0233 (9)(a) provided the below mentioned conditions or stipulations
are required. If the Water Quality Committee approves this request for a Major Variance from
the Neuse Riparian Area Protection Rules, the Division recommends approval with the following
conditions or stipulations [pursuant to 15A NCAC 02B .0233 (9)(c)(ii)]:
Byron & Jessica Trimmer
8909 Oxbridge Court
Major Variance Request — DWQ Findings of Fact
Page 4 of 4
• Mitigation
■ provide mitigation for the proposed impacts by restoring 37 square feet of Zone 1
riparian buffer and purchasing 1,100 square feet of buffer credits from Restoration
Systems, LLC as indicated in their application
• Stormwater Management Plan
construct a bio- retention area (The bioretention area will provide treatment for 900
square feet of existing impervious surface.)
• Protective Covenants
place a protective covenant on the lot to prohibit filling, draining, creation of new
concentrated stormwater flow, and impacts to existing riparian buffer vegetation
and ensure alterations of the rain gutters and bio- retention area do not occur
state that the stream and protected Neuse River Riparian Buffer exists on the
property
specify that new direct discharges of stormwater runoff through the buffer to
the stream are prohibited
require that rain gutters and bio- retention area remain in place and be utilized
and maintained on a regular basis (The Division shall be notified in writing of any
proposal to remove or modify the above stormwater control measures.)
A��,�1�► 2 0 0
t 3 0 5 T
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
(Fax Manor and N —tajor Variances)
Protection and Maintenance of Riparian Arens Rules
NOTE: This fonn may be photocopied for use as an original. JdO3 3
Check the appropriate box (mellow:
X Major Variance
U Minor Variance
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
hup:l /l�'o.enr state.nc ^usiadm�n /inks /.)
u Neuse River Basin. NOrient Sensitive Maters Management Strategy
Protection and Maintenance of Riparian.. Areas R-ule (1 SA N AC 02B.0233'y
® Tar- Parnlico River Bashuo Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAtC 92B.0259)
Dart Ilo General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Byron and Jessica Trimmer
2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: moron and. Jessica Trimmer
Title: Homeowners _
Street address:
City, State, zip: - aleia
R.h, NC - 2761.3--------- - -.. --
Telephone: _919 i 676 -3878
Fax:
_ - - -- -- - - -- - - - -- ... - - -- - - -- -.. A - - -- 2013
3. Contact person who can answer questions about the proposed project:
Version 6: July 2009
Name: _Byron_and-Jessica Trimmer
Telephone: ; 919 ; 676_3878 __-
Fax:
Email: btrimmerlay_ahoo.com
4. Project name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Trimmer Screened Porch and Deck Addition
5. Project location:
Street address: 8909 Oxbridge Ct
City, State, Zip: Raleigh, N� 27613
County: Wake
Latitude /longitude: 35° 54'6" N 780 _ 41'_38" VII —_ _ - - - - -- - - - - - -- -- _.. __. _.
6. Date property was purchased: _6/13/2006
7. Directions to site from nearest major intersection (Attach an 8 '/Z x 11 copy of the USGS
topographic map indicating the location of the site).
From the intersection of Creedmoor and Strickland _Rd , _,gp_ south on Creedmoor
_.turn right.on_Brennan Driveturn. right on Wellsley- Way,_ -turn left -on Kennebuck Ct
_ tur_n- left-ontQ OxbrLdge.Ct, .it_is_the.3r_d. h-ouse on. the..ri.ght._ __ ._. _--- __.__._..
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
_ UT to Hare Snipe Creek
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 stormwater)
Non- discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
-- -- - -- _ Others (specify) _
Part 2e Proposed Activity
(Please include attachments if the room provided is insufficient.)
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 ft2.:
This is a proposal to eland and screen in an existing deck attached to the
Variance Request Forni, page 2
Version 6 July 2009
house at 8909 Oxbridge_Ct. The existing deck will be removed, and a new
deck/ / orch in 3 sections will be built. The sma llest section will be a screened
and_two_additional _deck sections will be added( -16' x 16).
This will impact .-400 sq%ft of Zone 1 buffer bM_ond the existing deck %stairs.
2. Fill in the table below to identil3 the square footage of impact to Zones 1 & 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 1.
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:
This is an expansion of an existing deck already within the buffer. The _
house and most of the land on the property_is- al read y _ within_ the ._buffer, so._
_changes to the deck's size or orientation would not reduce amount._
of Zone 1 impact. - — -
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 enhancement of existing vegetation, etc.):
Erosion control material _ �rip -rap) will be placed under deck surfaces.
New plants will be put in around the desk to enhance the vegetation buffer
Gutters will be installed on the roof line and run off will be directed into a
diffuse water system.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Due to the stream's location and the size of the buffer,_ the entire lot appears
to be within Zone 1 and 2 zone 1 beiin _.right.yp to the back of the house -__
_Strict application of the rule will make the lot unusable_ without a variance._._._
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The hardships are unique to this_property and two others on the same side
of the street due to proximity of the stream to the center of the lot._
Variance Request Foam, 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
400
Deck
3
1200
Zone 2
0
1.5
0
Total
400
1200
"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 1.
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:
This is an expansion of an existing deck already within the buffer. The _
house and most of the land on the property_is- al read y _ within_ the ._buffer, so._
_changes to the deck's size or orientation would not reduce amount._
of Zone 1 impact. - — -
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 enhancement of existing vegetation, etc.):
Erosion control material _ �rip -rap) will be placed under deck surfaces.
New plants will be put in around the desk to enhance the vegetation buffer
Gutters will be installed on the roof line and run off will be directed into a
diffuse water system.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Due to the stream's location and the size of the buffer,_ the entire lot appears
to be within Zone 1 and 2 zone 1 beiin _.right.yp to the back of the house -__
_Strict application of the rule will make the lot unusable_ without a variance._._._
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The hardships are unique to this_property and two others on the same side
of the street due to proximity of the stream to the center of the lot._
Variance Request Foam, 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.
Economic Hardship is neither the primary' nor the major consideration-of-the
_hardship.
Ra t 30 Stor mwaater
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 proposed
BMPs. Also, include the BMPs on your plan sheets.
! amroposing the installation on an Infiltration trench under the new structure
to treat the runoff from the new gutter to be installed on ttie s creened porch.
Services of a L.andscap? Engineer will be retained upon aprovs�l of this variance.
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.
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
Size of
Post - development
BMP nitrogen'
Final
Final
basin
drainage
nitrogen' loading
removal
nitrogen'
nitrogen'
basin
rate without BMPs4
efficiency'
loading rate
loading
(ac)
(lbs/ac/yr)
(%)
(lbs/ac/yr)
from
drainage
basin lbs
1
0.46
2.132
0
2.132
0.93072
2
3
4
5
Totals
- - - - --
- - - - --
- - - - --
4 Attach calculations and references.
' 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:
ht(p: /Wo.enr.state.nc.us /su /bmp fornts.htm
Variance Request Form, page 4
Version 6 July 2009
Part 4: Proposed Impacts and Mitigatiou
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242
for 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: httu: / /www.nceep.net /hews /re 310 is /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: 1-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 Certif cation
I, moron and Jessica Trimmer . _..._ (print or type name of person listed in
Part 1, 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 Part 5 of this form will be recorded with all required permit conditions.
✓��Signature: ---- .�'– .— . - - - - -- --- -'�--� -_ -- - - -- - -- - --- - - - - --
Title:
Part 7. Flan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, 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 Item
Initials
• 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 Fonn(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 fine
-- 0 Legend and north arrow
0 Scale (1" = 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
0 Ori ginal contours, proposed contours, spot elevations, finished floor
elevations
0 Details of roads, parking, cul -de -sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off - site), drainage easements, pipe sizes,
runoff calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 6
Version 6 July 2009
U.S. ADRAN LE
S DEPARTMENT OF THE INFERIOR 13AYLEAF Q��IJUA
U S. GWWQICAL SURVEY US Topo _MtIm— '..—
010 _ _ i��n,nr, r, v��
,o� ,°, . v re � 'mFrs��,Y _ Trt BAYLEAP, NC
2010
To Whom It May Concern:
My name is Byron Trimmer and I am a home owner at 8909 Oxbridge Ct, Raleigh NC. I am in the
process of applying for a Major Variance to the Neuse River Buffer Rules for a project to expand and
enclose a portion of the deck currently in existence at my house. In filling out the forms for this
variance, I have learned a great deal about the Riparian Buffer rules and the impacts they have on
existing developed property. I am asking for a Variance based on the following factors:
1) The property was deeded prior to the Neuse River Buffer Rules being implemented. Due to the
location of the stream on the property, the house and most of the land (- 60 -70 %) is located
within the Riparian Buffer. This being the case, the land is now "non- developable" without a
Variance. If the property was deeded today, it would in all likelihood be considered "non -
developable" for the same reasons. While a drainage easement and all city easements are
noted on the land survey, no mention of the Riparian Buffer is included.
2) After reading through the Major Variance forms and the BMPs for Stormwater and nutrient
treatment, the information and all examples provided appear to be intended for the
development of large parcels of land and toward new construction where effective (both from a
function and a cost perspective) use of the BMPs can be made. The lot in question is only 0.459
acres of land with —135' of stream. According to the Variance form, the total Stormwater
impact over and above the existing use will be approximately:
i. Q =C *I *A where C=1 (sloped roof), I= 1.49 (NOAA), A= 0.46 ac
ii. Q =1 *1.49 *0.46 = 0.6854 cfs
And Nitrogen Nutrient increase will be approximately:
i. 2.132 Ibs /ac /year
Total lot size: 20037 sq ft
Total Impervious ground cover (existing): 3041. sq ft
Total Impervious ground cover (post project): 3441 sq ft
Existing Nitrogen Load: Open Space (existing): 0.3902 ac * 1.2 Ibs /ac /yr = 0.4682
Impervious (existing): 0.0698 ac 81 21.2 Ibs /ac /yr = 1.480
Total (Existing) = 1.480 +0.4682 = 1.948 Ibs /yr
Post Project Load: Open Space: 0.381 ac * 1.2 Ibs /ac /yr = 0.4572
Impervious: 0.079 ac * 21.2 Ibs /ac /yr = 1.6748
Total (new deck) = 1.6748 + 0.4572 = 2.132 Ibs /yr
Difference (New vs Existing) = 2.132 —1.948 = 0.184 Ibs /yr
* ** This is well below the target for all new development (3.6 Ibs /yr)
3) The BMPs for treatment of storm water and nutrient removal listed within the NCDENR BMP
handbook all require one of the following:
a. Implementation BEYOND the existing buffer (impossible due to the location of the land
within the buffer)
b. The BMP requires more land to implement that is available on the property (ie level
spreaders, water gardens, restored buffers, dry and wet detention beds) or are
Storrmwater NMIP description for Trimmer Screened porch
and Deck Addition at 8009 Oxbridge Ct.
In order to handle the runoff generated by the new roof over the
screened porch section of this project, I am proposing the installation of an
Infiltration Trench on the property. 'The trench will be approximately 30
feet long by 2 feet deep by 1 foot wide (pending the recommendations of a
Landscape Engineer) to handle approximately 30 -50 cu -ft of runoff water.
Per the BMP sheet, given that this is not SA waters, the system needs be
able to handle the first 1" of runoff from a storm. The runoff from the roof
is estimated to be approximately 9 cu -ft of water. This will provide 3 -5
times the required runoff capacity. I have included the BMP worksheet for
the trench (filled out to the best of my ability) and will complete the O &M
portion once I have had the BMP designed by a Landscape Engineer
pending the approval of this Variance.
Based on the BMP for Infiltration Trenches, they are rated at reducing
Nitrogen discharge by 30 %. This estimate will reduce the nitrogen load
from the new construction by 0.0184 Ib /yr (roughly 1/3 of the surface area
will be channeling runoff into this BMP and it will only remove 30% of that).
This is based on the Meuse River Basin: Model Stormwater Program for
Nitrogen Control document.
Appendix C: Nitrogen Export Calculations (see Neuse River Basin: Model Stormwater
Program for Nitrogen Control)
Figure 2a: Method 1 for Quantifying TN Export from Residential Developments when
Building and Driveway Footprints are Not Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Determine the TN export coefficient associated with right- of -xvay using Graph 1.
Step 4: Determine the TN export coefficient associated with lots using Graph 2.
Step 5: Multiply the areas in Column (2) by the TN export coeff"icierAs in Column (3) and
enter in Column (4).
Step 6: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 7: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(1)
(2)
(3)
4)
Type of Land Cover
Area
TN export coeff_
TN export from use
(acres)
(lbs /ac /vr)
(lbs /vr)
Permanently protected undisturbed
0
0.6
0
open s ace (forest. unmown meadow)
0.6
Permanently protected managed open
0.381
1.2
0.4572
space (grass, landscaping, etc.)
1.2
Right -of -way (read TN export from
21.2
Graph 1)
0.079
1.6748
Lots (read TN export from Graph 2)
see Graphs on following page
Figure 2b: Method 2 for Quantifying TN Export from Residential / Industrial / Commercial
Developments when Footprints of all Impervious Surfaces are Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Multiply the areas in Colurrm (2) by the TN export coefficients in Column (3) and enter
in Column (4).
Step 4: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(I)
(2)
(3)
(4)
Type of Land Cover
Area
TN export coefficient
TN export from use
acres)
(lbs /ac /yr)
(lbs /ivr)
Permanently protected undisturbed
0
0.6
0
open s ace (forest_ unmown meadow)
Permanently protected managed
0.381
1.2
0.4572
open s ace (grass, landscaping, etc.)
Impervious surfaces (roads, parking
21.2
lots; driveways; roofs, paved storage
0.079
1.6748
areas, etc.)
TOTAL
0.46
-
2.132
Graphs for use with Method 1: Residential Sites with no linown building footprints.
Graph 1: Total Nitrogen Export from Right -of -Wary
25.0
20.0
tu
g 15.0
C
ur
L
z .
5.0
o. C',
0% 20"/,, 40% 60% 80% '100%
Percentage of Right-of-Way that is Pavement
Graph 2: Total Nitrogen Export from Lots
I Z." D
T.rK.I
Uj
4._jJ
Total Nitrogen Export from Lots
O.00
2 4 6 6 2 4 jj: id 20 22 24 20 2,9
Number of Dwelling Units per Acre
Permit No.
(to be provided by DWQ)
�z
o YC.
- WWI
NW STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
INFILTRATION TRENCH SUPPLEMENT
This form must be filled out, panted and submitted.
The Required Items Checklist (Part 1/1) must be printed, filled out and submitted along with all of the required information.
PROJECT INFORMATION
Project name Trinurer Screened Porch and Deck Addition
Contact person Bvron Trimmer _
Phone number 919 - 67638'8 - - - -- _ —
Date 5/13/2013
Drainage area number 1
II DESIGN INFORMATION
—�
Site Characteristics
Drainage area
20,037.00 ft2
Impervious area
238.00 fe
Percent impervious
1.2% %
Design rainfall depth
1.00 in
Peak Flow Calculations
1 -yr, 24 -hr rainfall depth
1 -yr, 24 -hr intensity
Pre - development 1 -yr, 24 -hr discharge
Post - development 1 -yr, 24 -hr discharge
Pre /Post 1 -yr, 24 -hr peak flow control
Storage Volume: Non -SA Waters
Minimum volume required
Volume provided
Storage Volume: SA Waters
1.5" runoff volume
Pre- development 1 -yr, 24 -hr runoff volume
Post - development 1 -yr, 24 -hr runoff volume
Minimum volume required
Volume provided
Soils Report Summary
Soil type
Infiltration rate
SHWT elevation
Trench Design Parameters
Drawdown time
Perforated pipe diameter
Perforated pipe length
Number of laterals
Stone type (if used)
Stone void ratio
Stone is free of fines?
2.84 In
0.12 in /hr
0.00 ft3 /sec
0.69 ft3 /sec
0.69 ft3 /sec
9.00 ft,
60.00 ft3
ft,
ft3
- -_ _ -- - -ft3
ft3
ft3
D
0.01 in /hr
fmsl
OK for non -SR waters-
5.00
days
4.00
30.00
—in
_ft
0
washed
35
Y
(Y or N) i'
Form SW401- Infiltration Trench -Rev.4 Parts I. & Il. Design Summary, Page 1 of 2
Trench Elevations
Bottom elevation
Storage /overflow elevation
Top elevation
Trench Dimensions
Length (long dimension)
Width (short dimension)
Height (depth)
Additional information
Maximum volume to each inlet into the trench?
Length of vegetative filter for overflow
Number of observation wells
Distance to structure
Distance from surface waters
Distance from water supply well(s)
Separation from impervious soil layer
Depth of naturally occuring soil above SHWT
Bottom covered with 4 -in of clean sand?
Proposed drainage easement provided?
Capures all runoff at ultimate build -out?
Bypass provided for larger storms?
Trench wrapped with geotextile fabric?
Pretreatment device provided
Permit
39900 fmsl
399.00 fmsl
401.00 fmsl
30.00 ft
1.00 ft
2.00 ft OK
(to be provided by DWQ)
0.50
ac -in
OK.
0.00
ft
Fitter is too short_ must be > 30 -ft
.1
8.00
ft
Too close to structure, must be minimum of 15 -ft downgradient
v� 1200 .
ft
Too close to surface waters
n/a
ft
OK
3.00
ft
OK
2.00
ft
OK
y
(Y or N)
_)K
y
(Y or N)
OK
y
(Y or N)
()K
N
(Y or N)
Must provide bypass for larger flows
_
Y
(Y or N)
OK
Y
Form SW401- Infiltration Trench -Rev.4 Parts I. & II. Design Summary, Page 2 of 2
�� ;}✓ i L.y ,i Q _/ .�� - 'rte \=.=y� r i�� � t a.� Y -J._ .� � ��
I r crcl.rn
CURVE TABLE
ry RADIUS DELTA LENGTH CH.BEARING DISTANCE TANGENT
CI 45 "00' 31.07'27" 24.44' S41.40'11 "W 24.15' 12.53'
-+rn.
y
V' Q;
/
/
,.-J' -- -Creek
BO1 ",34R1i3
no c • I +� f�
/ 603
/ STONEHENGE Vill
/ SECTION 19, O.O.M. 1983 -1198
N
O
Storm Sewer Manhole
M1/
O
Sanitary Sewer Manhole
a
-
concrete Monument
N \F
Now or Formerly
Power Box
o
Telephone Pedestal
o
Coble Television Pedestal
b
Power Pale
Light Pole
AC
Acres
SOM
Book of Maps
N.T.S.
Not To Scale
ips
Iron Pipe Set
eip
Existing Iron Pipe
- - - --
Line Not Surveyed
R /1y
Right - of -woy
cp
Computed Point (Not Set)
ru
Drop Inlet
/ raa+•r�'ta "F _ -_ -- =-gyp - - - -- -- PRECISION: 1/10.000+ -q -1
1277
VICINITY MAP
N.T.S.
2 -Slary -Brick
& Siding
Conc.
Drive.
i
1279
287.34'
{
I n
{
{
{
I
I
{
i
CO-
I
f
t
50' R /vr
/ Reference: Lot 1278
Sec. _ Pt, _ Blk. _ Ph
STONEHENGE 18
- — ° Map Bk. 1994 Pg. 213
Map Bk. Pg.
SCALE Deed Bk.
30' 0' 3D' 60' _7DU_ Pg. 54o
Property Of
1, Lorry I. Chosol, earthy that this mop is BARON E. TRIMMER
correct and that thg„ I ?N�Ai,ngs lie wholly on
the tat and lh @r#'K'rtgpptNeG,visible JESSICA. TRIMMER
easements `ed�sn tN) W_ y knowledge,
8909 OXBRIDGE COURT RALEIGH, N.C.
i /.
1
Date: 06 -13 -06 I Lorry I. Chosok, Professionol Land Surve)9f
Rat ay;: U369 Scale: 705 west North Street
17=30' Roleigh, North Carolina, 27603
F9c (919) 834 -9855 -
nn17 I
NCDENft
Borth Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
June 7, 2013
D`JUQ #: 2013 -0570
Wake County
Mr. Byron & Ms. Jessica Trimmer
8909 Oxbridge Court
Raleigh, North Carolina 27613 p
Subject: REQUEST FOR ADDITIONAL INFORMATION IUD P
8909 Oxbridge Court
Dear Mr. & Ms. Trimmer:
On May 29, 2013, the Division of Water Quality (Division) received your application dated May 23, 2013
requesting a Major Variance to the Neuse Riparian Buffer Rules for your project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
Buffer mitigation is required for the proposed Zone 1 buffer impacts. Please submit a mitigation
plan detailing how the impact will be mitigated. The required area of mitigation is determined
by multiplying the impacts to Zone 1 of the riparian buffer by 3. You may elect to perform
buffer restoration, or pay a compensatory mitigation fee. The following link under Options for
Compensatory Mitigation provides contact information for private mitigation banks in the Neuse
River Basin (outside of the Falls Lake Watershed) with riparian buffer credits available:
http: / /portai.ncdenr.org /web /wq /`nutrientbufferbanl(s. If credits are not available from a
private mitigation bank then you may contact the NC Ecosystem Enhancement to purchase
buffer restoration credits (919- 707 - 8976). If you choose to satisfy the buffer mitigation required
with a compensatory mitigation fee, then you will need to provide a letter from the private bank
or NCEEP indicating the availability of buffer restoration credits necessary for the project.
Stormwater treatment must be provided for an area equal to the entire amount of new
impervious area added within the riparian buffer. This includes the surface area represented by
the proposed deck as well as the screened porch. The infiltration trench proposed in your
application provides stormwater treatment for the proposed screened porch only. We will
accept treatment of the same amount of area from existing stormwater discharge(s) in lieu of
treating stormwater from the new proposed imperious area. To treat the amount of area
proposed within the riparian buffer would require an infiltration trench approximately 10 times
the size that is currently proposed based on the information provided in your application. This
type of BMP is also required to be at least 30 feet from the surface water and would require soil
permeability testing and a seasonal high water table determination from a licensed soil scientist
or professional engineer. We recommend that you consider installation of rain garden on the
southwest side of the home to treat stormwater from existing discharge(s). You may want to
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit One
1650 Mail Sentice Center, Raleigh, North Carolina 27699 -1650 NoAhCarohna
Location 512 N t alisbury St Raleisi , North ,arolina 27u04
Phone: c, 9- 307 -63cT FAX 919 -80- -64941 Customer Service: 1-877-623-W48 Natyrall'ff
Internet v:ww.ncwaterquaNty.c•rg
8909 Oxbridge Court
Page 2 of 2
June 7, 2013
consult the following link to NC State University Cooperative Extension Service's publication on
Backyard Rain Gardens: http: / /www.bae.ncsu.edu /topic /raiiigarden for more information.
3. The Division has determined that not all of the requirements [15A NCAC 02B .0233 (9)(a)] for a
Major Variance have been met. Please provide any available documentation to support your
major variance request for the following:
fl)LAJ if the applicant complies with the provisions of this Rule, he /she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
The lot currently contains a single - family home and associated deck that were
constructed in 1994 and are currently in use. Compliance with the provisions of the
Rule has not prevented reasonable return from or use of the property. The Division also
believes that the size of the proposed deck could be reduced to minimize the amount of
impact to Zone 1 of the riparian buffer.
Pursuant to Title 15A NCAC 02B .0233, the applicant shall furnish all of the above requested information
for the proper consideration of the application.
Respond in writing by sending two copies of all of the above requested information to the Wetlands,
Buffers, Stormwater— Compliance and Permitting (Webscape) Unit, 1650 Mail Service Center, Raleigh,
NC 27699 -1650.
Please be aware that you have no authorization under the Neuse Riparian Buffer Rules for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Contact me at karen.higgins @ncdenr.gov or 919 - 807 -6360 or Jennifer Burdette at
jennifer.burdette @ncdenr.gov or 919- 807 -6364 if you have any questions or concerns.
cc: DWQ RRO 401 files
DWQ Webscape Unit
Sincerely,
Karen Higgins, Supervis
Wetlands, Buffers, Stormwater-
Compliance & Permitting Unit
File name: 130504Byron& JessicaTrimmer89090xbridgeCt (Wake)_NBR_MV_Hold.docx
d ® ®5 7b
Air
MEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
Variance Request Form vg@g rm 016
(For Minor and Major Variances)
:MR. ° 1 20113
Protection and Maintenance of Riparian Areas Rules WA � UALI
NOTE: This form may be photocopied for use as an original.
Check the appropriate bog below:
X Major Variance r ''
u Minor Variances r r E
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
h!!p://h2o.enr.state.nc.us/admin/mUs . )
❑ Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
❑ 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.)
Applicant's name (the corporation, individual, etc. who owns the property):
Byron and Jessica Trimmer
2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: Byron and Jessica Trimmer
Title: Homeowners
Street address: 8909 Oxbridge Ct
City, State, Zip: Raleigh NC 27613
Telephone: 9f 19) 676 -3878 __
Fax:
3. Contact person who can answer questions about the proposed project:
Version 6: July 2009
Name: Byron and Jessica Trimmer
Telephone:( 919) 676 -3878
Fax:
Email: btrimmer1 o_yahoo.com
Project name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Trimmer Screened Porch and Deck Addition
Project location:
Street address: 8909 Oxbridge Ct
City, State, zip: Raleigh NC 27613
County: Wake
Latitude /longitude: 35° 54'6" N 780 41'38" W
6. Date property was purchased: 6/13/2006
7. Directions to site from nearest major intersection (Attach an 8' /z x 11 copy of the US GS
topographic map indicating the location of the site).
From the intersection of Creedmoor and Strickland Rd, go south on Creedmoor
turn right on Brennan Drive, turn right on Wellsley Way, turn left on Kennebuck Ct
turn left onto Oxbridge Ct it is the 3rd house on the right.
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Hare Snipe Creek
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 stormwater)
Non - discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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 ft.:
This is a proposal to expand and screen in an existing deck attached to the
Variance Request Form, page 2
Version 6 July 2009
house at 8909 Oxbridge Ct The existing deck will be removed, and a new
porch ( -15' x 171 and an additional deck will be added (16x 16 and 10'x16').
milm 0- sop I-
2. Fill in the table below to identify the square footag e
riparian buffers and the required mitigation (Fill in
mitigation is not required):
of impact to Zones 1 & 2 in the protected
the impacts portion of the table, even if
*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 1.
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:
This is an expansion of an existing deck already within the buffer. The
house and most of the land on the property is already within the buffer, so
any changes to the deck's size or orientation would not reduce the amount
of Zone 1 impact
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 enhancement of existing vegetation, etc.):
Erosion control material (rip -rap) will be placed under deck surfaces.
New plants will be put in around the desk to enhance the vegetation buffer
se water
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Due to the stream's location and the size of the buffer, the entire lot ap ears
to be within Zone 1 and 2 (zone 1 being right up to the back of the house).
Strict application of the rule will make the lot unusable_ without a_variance.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The hardships are unique to this property and two others on the same side
of the street due to proximity of the stream to the center of the lot.
Variance 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
264
Deck
3
792
Zone 2
1 0
1
1.5
0
Total
1 264
792
*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 1.
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:
This is an expansion of an existing deck already within the buffer. The
house and most of the land on the property is already within the buffer, so
any changes to the deck's size or orientation would not reduce the amount
of Zone 1 impact
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 enhancement of existing vegetation, etc.):
Erosion control material (rip -rap) will be placed under deck surfaces.
New plants will be put in around the desk to enhance the vegetation buffer
se water
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
Due to the stream's location and the size of the buffer, the entire lot ap ears
to be within Zone 1 and 2 (zone 1 being right up to the back of the house).
Strict application of the rule will make the lot unusable_ without a_variance.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The hardships are unique to this property and two others on the same side
of the street due to proximity of the stream to the center of the lot.
Variance 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.
Economic Hardship is neither the primary , nor the major consideration of the
hardship.
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 proposed
BMPs. Also, include the BMPs on your plan sheets.
I am proposing the installation of a rain garden in the SW corner of the property
to treat the runoff from the existing roof (approximately 900sgft of roof space).
-Instal latialLwiffbe- lone -' ce -with the NCSU Cooperative Extension's
documentation.
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.
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
Size of
Post - development
BMP nitrogen'
Final
Final
basin
drainage
nitrogen' loading
removal
nitrogen'
nitrogen'
basin
rate without BMPs4
efficiency'
loading rate
loading
(ac)
(lbs/aclyr)
(%)
(lbs/ac/yr)
from
drainage
basin bs
1
0.46
2.052
0
2.052
0.944
2
3
4
5
Totals
-
4 Attach calculations and references.
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 : //li2o.enr.state.nc.us/su/brnp forms.htln
Variance Request Form, page 4
Version 6 July 2009
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 213.0242
for the Neuse Basin and 15A NCAC 2B.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: / /www.nceei).net /news /ret)orts/buffers.i)df
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
I, Byron and Jessica Trimmer (print or type name of person listed in
Part I, 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 Part 5 of this form will be recorded with all required permit conditions.
Signature:
Date:
Title:
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, 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 Item
Initials
• 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
0 Original contours, proposed contours, spot elevations, finished floor
elevations
0 Details of roads, parking, cul-de -sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off - site), drainage easements, pipe sizes,
_. runoff calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 6
Version 6 July 2009
June 28, 2013
Byron Trimmer
8909 Oxbridge Ct.
Raleigh, NC 27163
Subject: Riparian Buffer Credit Reservation Letter
Dear Mr. Trimmer:
Restoration Systems has reserved +/800 sgft of riparian buffer offset credits at a price of
$.90 /sgft. Making the total $720.00 from its Lane Island Bank Parcel, DWQ #08 -0510 v3 to
meet the requirements associated with permitting the project located in IIUC 03020201 of the
Neuse River Basin. These credits are reserved for a period of 60 days from the date of this letter
with the option to renew the reservation upon notification of continued need. If you have any
questions concerning this transaction please contact me at 919.334.9123.
Sincerely,
Tiffani Bylow
Restoration Systems, LLC
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • ww,�v.restoratiousysteuis.com -Ph 919.755.9490 o Fx 919.755.9492
Appendix C: Nitrogen Export Calculations (see Neuse River Basin: Model Stormwater
Program for Nitrogen Control)
Figure 2a: Method 1 for Quantifying TN Export I)rom Residential Developments when
Building and Driveway Footprints are Not Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Determine the TN export coefficient associated with right -of -way using Graph 1.
Step 4: Determine the TN export coefficient associated with lots using Graph 2.
Step 5: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and
enter in Column (4).
Step 6: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 7: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
1)
2
3
4
Type of Land Cover
Area
TN export coeff.
TN export from use
acres
lbs /ac r
(lbs r
Permanently protected undisturbed
0
0.6
open s ace forest, unmown meadow
0.6
Permanently protected managed open
0.385
1.2
0.462
space (grass, landscaping, etc.)
1.2
Right -of -way (read TN export from
21.2
Graph 1
0.075
1.59
Lots (read TN export from Graph 2)
** see Graphs on following page **
Figure 2b: Method 2 for Quantifying TN Export from Residential / Industrial / Commercial
Developments when Footprints of all Impervious Surfaces are Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter
in Column (4).
Step 4: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5: Determine the export coefficient for site by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
(1)
(2)
(3)
(4)
Type of Land Cover
Area
TN export coefficient
TN export from use
acres
lbs /ac/ r
(lbs /hr
Permanently protected undisturbed
0
0.6
open s ace forest, unmown meadow
Permanently protected managed
0.385
1.2
0.462
open s ace (grass, landscaping, etc.
Impervious surfaces (roads, parking
21.2
lots, driveways, roofs, paved storage
0.075
1.59
areas, etc.
TOTAL 1
0.46
-
2.052
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Graphs for use with Method 1: Residential Sites with no known building footprints.
Graph 1: Total Nitrogen Export from Right -o € -My
25.0
20.0
_ro
15.03
c
1`
a 10.0
X
z
I- 5.0
I
0.0
0 /0 20% 40% 60% $0% 100% 120%
Percentage of Right -of -Way that is Pavement
I
Graph 2: Total Nitrogen Export from Lots
.�al
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8
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10.00
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2.130
0.00
Total Nitrogen Export from Lots
A
0 2 4 6 6 10 12 14 16 18 20 22 24 26 28 :tfi 32
Number of Dwdling units per kero
Revised Stormwater BMP description for Trimmer
Screened Porch and Deck Addition at 6909 Oxbridge Ct.
Revised 6/24/2013
At the suggestion of members of the DWQ and in attempting to
maintain the spirit of the Riparian Buffer Protection rules, I am suggestion
the following changes to the Design and Stormwater BMP for this project:
1) Reduce the size of the deck to allow for less impact to the Riparian
Buffer Zone 1: I am proposing reducing the size of the end section of
deck from 16'x16' to 10'x16'. This will reduce total new buffer impact
by 136 sqft (from 400sgft noted in the original design to 264sgft in the
revised design). This will also bring the deck into alignment with
other decks /screened porches in the neighborhood.
a. 8909 Oxbridge Ct revised Deck /Screened Porch Size: 640sgft
b.
8900 Oxbridge Ct Deck /Screened Porch Size:
492 sqft
c.
8904 Oxbridge Ct Deck /Screened Porch Size:
480 sqft
d.
8905 Oxbridge Ct Deck /Screened Porch Size:
504 sqft
e.
8908 Oxbridge Ct Deck/Screened Porch Size:
406 sqft
f.
8912 Oxbridge Ct Deck/Screened Porch Size:
774 sqft
g.
8913 Oxbridge Ct Deck /Screened Porch Size:
552 sqft
h.
3429 Kennebuck Ct Deck/Screened Porch Size:
242 sqft
i. 8917 Oxbridge Ct Deck/Screened Porch Size: 646 sqft
2) In place of the Infiltration trench, install a rain garden in the SW
corner of the yard: At the recommendation of DWO's Stormwater
Engineer, I am suggesting that I replace the infiltration trench with a
rain garden. By placing the garden in the SW corner of the lot
(outside Zone 1), 1 will be able to divert an existing direct stormwater
discharge for approximately 900sgft of roof into the rain garden. This
is triple the total proposed impact to Zone 1. The rain garden will be
6'x1 0'x6' for a total treatment capacity of 1200sgft. I have attached
the updated BMP documentation.
3) 1 have secured Buffer Mitigation credits for the proposed 792sgft
(264 *3) of Modified Zone 1 impact from the XXXXX Mitigation Credit
Bank. The letter indicating that they will be holding the credits for me
is attached.
Burdette, Jennifer a
From: Byron Trimmer [btrimmer1 @yahoo.com]
Sent: Thursday, August 08, 2013 4:32 PM
To: Burdette, Jennifer a
Subject: Re: Buffer Variance
Attachments: House Existing 4.pdf; Map with New Deck and Existig Deck Drawn to scale.pdf;
Trimmer—Reservation Letter.pdf
.Jennifer.
Here are the diagrams and buffer credit letter. I'll look at the other doc tonight, but I thought the variance
acceptance was the declaration, as there is a statement in there that says the approval is contingent on the buffer
and all mitigations becoming permenant.
Thanks and let me know if there's anything else I need to send.
Byron
From: "Burdette, Jennifer a" <Jennifer. Burdetteancdenr.gov>
To: Byron Trimmer <btrimmerl (o�yahoo.com>
Sent: Thursday, August 8, 2013 11:00 AM
Subject: RE: Buffer Variance
Byron,
v L E rA���y
You're welcome. Not all of the stair area would be restored so, the 5.75 depth should be reduced to account for
the portion that will be covered by the new deck. Please be sure to include the zones of the riparian buffer on
the lot diagram.
One other requirement is to place the rain garden with a drainage easement that would extend from the cul -de-
sac and to record a protective covenant to make sure the stormwater bmp and remaining riparian buffer are
protected from future changes. Below is a link to a Declaration of Compliance of Stream and Buffer
Regulations that was recently approved by the EMC (See the links at the bottom of Item 1). We can use this a
model and tweak it to match the circumstances with your lot. The EMC will want to see a draft version of this
document. These last details need to be finalized as soon as possible as our deadline for providing information
to the EMC is 8/15/13 in order to make it on next month's agenda. In fact, I really need the updated lot
diagram and deck plan tomorrow if at all possible.
http://portal.nedenr.org/web/emc/july-10-wqc-agend a
Thanks,
Jennifer
Jennifer A. Burdette
Environmental Senior Specialist
Wetlands, Buffers, Streams - Compliance and Permitting Unit
(WeBSCaPe Unit)
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation. *
From: Byron Trimmer [mailto:btrimmerl @yahoo.coml
Sent: Wednesday, August 07, 2013 3:39 PM
To: Burdette, Jennifer a
Subject: Re: Buffer Variance
IIi Jennifer,
Thanks for the update. By my calculations, the reclaimed area is 49 square feet (5.5ft x 5.75ft of stairs and
5.5ft x 3.167 ft of pavers). I probably would have planted some plants /shrubs there anyway so I'm happy to
add that to the plan. From our discussion on Monday, I owed you and updated lot diagram =with deck to scale
and an updated diagram showing stairs and'desk and an updated letter showing increased buffer mitigation
credits. Was there anything else I needed to send?
Thanks,
Byron
On Aug 7, 2013, at 1:56 PM, "Burdette, Jennifer a" <Jennifer.Burdette(a,ncdenr.gov> wrote:
Byron,
I checked and found that you can use buffer restoration for the area of the stairs and pavers that
will be removed if you plant native shrubs/bushes at a rate of 320 plants per acre. So, if the area
is 30 sq ft then only one shrub would be required. You would then need 30 sq ft less
compensatory buffer mitigation. Please see the Buffer Restoration Guidance document under
Other Helpful Links at the following web page for native species and other helpful information.
http://portal.nedenr.org/web/Wq/smM/ws/40 1 /riparianbuffers
Thanks,
Jennifer
Jennifer A. Burdette
Environmental Senior Specialist
Wetlands, Buffers, Streams - Compliance and Permitting Unit
(WeBSCaPe Unit)
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
Raleigh, NC 27699 -1650
(919) 807 -6364 phone
(919) 807 -6494 fax
August 7, 2013
Byron Trimmer
8909 Uxbridge Ct.
Raleigh, NC 27163
_ ff X.
RESTORATION
�„3YTE�VI LL�G
Subject: Riparian Buffer Credit Reservation Letter
Dear Mr. Trimmer:
Restoration Systems has reserved +/ -1150 sqft of riparian buffer offset credits at a price
of $.90 /sqft. Making the total $1,035.00 from its Lane Island Bank Parcel, DWQ #08 -0510 0 to
meet the requirements associated with permitting the project located in HUC 03020201 of the
Neuse River Basin. These credits are reserved for a period of 60 days from the date of this letter
with the option to renew the reservation upon notification of continued need. If you have any
questions concerning this transaction please contact me at 919.334.9123.
Sincerely,
J�Y 6/ 19---
Tiffani Bylow
Restoration Systems, LLC
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com , Ph 919.755.9490 • Fx 919.755.9492
All Space Calculations for 8909 Oxbridge Court Property:
Total New Deck Square Footage:
Piece 1: 17'10" x 14' = 249 sqft
Piece 2: 16' x 16' = 256 sqft
Piece 3: 10' x 16' = 160 sqft
Landing: 3' x 3' = 9 sqft
Stairs: 3' x 5' = 15 sqft
Total size: 689 sqft
Total Existing Deck Square Footage:
Piece 1: 11'10" x 16'6" = 195.25 sqft
Piece 2: 16'1" x 7' = 112.58 sqft
Stairs: 5'9" x 8' = 46 sqft
Pavers: 3'2" x 8" = 25.33 sqft
Total Existing Deck: 379 sqft
Total Space Outside Existing Footprint:
Piece 1 (right side, long and thin): 1'4" x 14' = 18.67 sqft
Piece 2 (right side, between stairs and side): 11'x 2'2" = 23.83 sqft
Piece 3 (Center section): 137" x 9' = 122.25 sqft
Piece 4 (left side): 16' x 10' = 160 sqft
Landing: 3' x 3' = 9 sqft
Stairs: 3' x 5' = 15 sqft
Total New Deck Space: 349 sqft
Total Buffer Restoration Area (Pavers and Stairs):
Stairs: 5'6" x 37" = 19.7 sqft
Pavers: 5'6" x 3'2" = 17.5 sqft
Total Restoration Area: 37 sqft
Buffer Mitigation Breakdown for 8909 Oxbridge Ct Property
Total New Impact (zone 1): 349 sqft
Total Buffer Restoration (zonel): 37 sqft-
Total Zone 1 impact: 313 sqft
Rain Garden (zone 2): 60 sqft
Total Zone 2 impact: 60 sqft
Total Buffer Mitigation credits required: 313 *3 + 60 *1.5 = 1029 units
Total Buffer mitigation credits reserved for Byron Trimmer: 1150 units
To restore the buffer in this space, we will be planting two azaleas. These plants
do well in shade and we have several flourishing in space around the existing
deck. Mulch consistent with the rest of the yard will make up the rest of the
ground cover, since the azaleas will grow to cover the area within a few years.
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