20210798 Ver 3_DMS Letter_20211217

Strickland, Bev
From: Shannon Kurtz <[e-mail]>
Sent: Thursday, December 16, 2021 7:27 PM
To: Strickland, Bev
Subject: [External] Fwd: Buffer Variance - DWR #20210798 113 Chuckwagon Drive
Attachments: Buffer Variance Application.pdf; 113 Chuckwagon Drive DMS Acceptance Letter.pdf
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Hi Bev,
I need to attach the enclosed DMS letter to the Buffer Variance request submitted below. I can't figure out how
to do it myself. I'd appreciate your help.
Thanks,
Shannon
Forwarded message
From: <[e-mail]>
Date: Mon, Dec 13, 2021 at 5:24 PM
Subject: Buffer Variance - DWR #20210798 113 Chuckwagon Drive
To: <[e-mail]>
Your Buffer Variance application has been submitted to the North Carolina Division of Water Resources - 401
Buffer Permitting Branch.
The time clock for the review process will not begin until after the initial review has been done and payment
received. If the application is incomplete a project manager will be contacting you to request more information.
If you have any questions, or are experiencing any issues with the Buffer Variance online form, please contact
Bev Strickland at [e-mail].
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses aren't monitored.
i

15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2018
General Project Information
A. General Project Information
For instructions on how to fill out this form, see the Major and Minor Variance Help Document posted on DWR's 401 & Buffer Permitting
page.
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions
are answered.
la. Is this a transportation project?*
Yes
No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance:
Major Variance
Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review-statutes-rules-guides
Neuse River Basin (15A NCAC 02B.0233)
Catawba River Basin (15A NCAC 02B.0243)
Randleman Lake Watershed (15A NCAC 02B.0250)
Tar -Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)

Applicant/Owner Information
C. Applicant/Owner Information
Who is submitting the application:*
Owner
Applicant other than Owner
Agent
Check all that apply.
Is there an agent working on the project but not submitting it?*
Yes
No
Primary Contact: Rachele Shannon Kurtz
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:
la. Name:*
1 b. Title:
lc. Mailing Address: *
Rachele Shannon Kurtz & Jim A. Wagner
Street Address
109 Plyersmill Road
Address Line 2
City
Cary
Postal / Zip Code
27519
I d. Telephone:* 9194348541
le. Email Address:*
[e-mail]
State / Province / Region
NC
Country
US

Project Information
D. Project Information
1. Project Name:*
2. County(ies)*
Franklin
3. Property Location:
3a. Property Address: *
DWR #20210798 113 Chuckwagon Drive
(Subdivision, facility, or establishment name)
Street Address
113 Chuckwagon Drive
Address Line 2
City State / Province / Region
Cary NC
Postal / Zip Code Country
27519 US
3b. Latitude:
35.962361
3c. Longitude:
-78.189266
3d. Attach an 8 1/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the
site.
Click the upload button or drag and drop files here to attach document
NC_Bun n_East_20190729_TM_geo. pdf
topography.pdf
PDF Only
* USGS Topo look up
97.8MB
279.58KB
3e. Attach an 8'/z x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting
the project site.
Click the upload button or drag and drop files here to attach document
20211212_12443412029_1_Soil_Map.pdf 208.15KB
PDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent published
version.)
4. Property Information:
4a. Parcel Identification Number (PIN)
019739
4b. Date Property Purchased:
02/16/2021
mm/dd/yyyy

4c. Type
of Book
Book#
Page#
Deed
2243
1095
ap
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach document
113 Chuckwagon.pdf
FranklinCountyGlSRecord.pdf
PDF Only
126.51 KB
141.19KB
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
Yes No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
Yes No Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
Lake Royale
Water Quality Classification
B;NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied
Date Received
8/9/2021
9/30/2021
9/13/2021
9/29/2021
Permit Type
401, DWR # 20210798
404, SAW-2021-01975

Proposed Activity
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
We are planning to build our primary residence for retirement on an developed lot that we purchased within the past
year. It's located along the shoreline of Lake Royale and requires Lakeshore stabilization first.
We obtained DWR # 20210798 401 application approval with our original plan to use rip rap. Since then, all contractors
that have visited the site to quote us rip rap have informed us that retaining walls are needed and sea wall would
provide the best method for preventing erosion due to the steepness of our lot.
I just resubmitted the DWR 401 application showing the temporary disturbances to construct the seawall along the 122'
of shoreline, installation of fixed aluminum docks over the water (not onshore) and tree removal to build permanent
walkway to the Lakeshore and permanent retaining calls. This Minor Variance exception request is needed to cover the
retaining walls. The retaining walls are needed to both, 1) prevent further erosion of soil that is already occurring and
settling into the lake and 2) support a safe walkway from the future house that will be built to the lake shore on this
very, very, very steep lot.
The lot slopes from 250' above sea level at the roadside to 200' feet at the Lakeshore. There is
about 30'+ change within the 50' lake shore buffer zone itself. Erosion is visible along shoreline where debris has
collected at bottom of slope. The retaining walls are strategically placed where it appears erosion is occuring the most.
The exception is needed for the retaining wall in Zone 1 and Zone 2:
Zone 1 cover 20' deep workzone for seawall installation, retaining wall and walkable path
PERMANENT — 40 SQ FT for 12' L x 6' H RETAINING WALL (x 3 for zone 1 = 120 SQ FT MITIGATION
Permanent - 400 sq ft - <= 6' wide walking path
Temporary — 1,100 sq ft for construction road and machine access to shoreline for seawall
Zone 2 covers 30' beyond to the end of the 50' buffer for continued walkable path and another retaining wall
PERMANENT— 100 SQ FT FOR 24' L x 8' H RETAINING WALL (x 1.5 for zone 2 = 150 SQ FT MITIGATION)
Permanent — 600 sq ft - <= 6' wide walking path
Temporary — 240 sq ft — 8' wide Construction road to access the shoreline
Permanent — 200 sq ft with 7 trees removed
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Detailed Plan View.pdf 145.19KB
Side View.pdf 35.92KB
PDF only
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Page1.aspx

Proposed Impacts and Mitigation Information
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
la. Site# - Reason
1b. Buffer
Impact*
lc. Stream Name
ld. Mitigation
Required?
1f. Zone 1
lg. Zone 2
Zone 1 Retaining Wall
Map label (e.g. Road Crossing 1)
Permanent
(P)
Lake Royale
Yes
40.00
Square Feet
0.00
Square Feet
Zone 2 Retaining Wall
Map label (e.g. Road Crossing 1)
Permanent
(P)
Lake Royale
Yes
0.00
Square Feet
100.00
Square Feet
Zone 1 Walkway
Map label (e.g. Road Crossing 1)
Permanent
(P)
Lake Royale 1 No
400.00
Square Feet
0.00
Square Feet
Zone 2 Walkway
Map label (e.g. Road Crossing 1)
Permanent
(P)
Lake Royale
No
0.00
Square Feet
600.00
Square Feet
Zone 1 Temporary Road
Map label (e.g. Road Crossing 1)
Temporary
(T)
Lake Royale
No
1,100.00
Square Feet
0.00
Square Feet
Zone 2 Temporary Road
Map label (e.g. Road Crossing 1)
Temporary
(T)
Lake Royale
No
0.00
Square Feet
240.00
Square Feet
Zone 2 Tree Removal
Map label (e.g. Road Crossing 1)
Temporary
(T)
Lake Royale
No
0.00
Square Feet
200.00
Square Feet
1h. Total Zone 1 Impacts: 1,540.00
11. Total Zone 2 Impacts: 1,140.00
1j. Total Buffer Impacts: 2,680.00

1 k. Comments:
The steepness of the lot, which is already contributing to erosion, is requiring disturbance to the lot to access the
Lakeshore, construct a safe walkway to the shore and prevent further erosion. We desire to keep as much of the
natural environment, mature trees and ferns that exist today and have conveyed to the contractors to remove only
what's minimally necessary. After disturbance, the lot will be landscaped with variety of trees, shrubs, flowers and
groundcover to compensate for removal of trees and provide a greater area of vegetation to diminish runoff and
impede water flow. The goal will be to establish root systems and vegetation to a greater surface area than exists
today.
For Zone 1, the area will be replenished with at least 6 trees (Birches, Maples, Holly),14 evergreen and perennial
shrubs (4-6' maturity),16 evergreen small shrubs, flowers, ground covering plants, seed and mulch to prevent erosion.
For Zone 2, the area will be replenished with at least 7 trees (Hollies, Maples, Ash,Dogwood), 10 evergreen and
perennial shrubs (4-6' maturity), 6 small evergreen shrubs, flowers, ground covering plants, seed and mulch to prevent
erosion.
- Trees, shrubs and vegetation will be re -planted within the 50' buffer outside of the walking paths that will remain
- Any trees and plant life that do not need to be disturbed will remain
- Any soil within the area will be re -used and not removed from the site
- Seed and straw will be applied as soon after disturbance along with silt fence and other sediment controls necessary
will be implemented.
Calculated Mitigation
11. Zone 1
Total Impact
Multiplier
Required Mitigation
40.00
Square Feet
3
120.00
Square Feet
1 m. Zone 2
Total Impact
Multiplier
Required Mitigation
100.00
Square Feet
1.50
150.00
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
2e. Attach your reservation letter from DMS. *
Click the upload button or drag and drop files here to attach document
PDF Only
2f. Comments:
I contacted the people listed in the private mitigation back for Tar -Pamlico and they responded that they have no buffer
credits available - Rich Mogensen and Jeff Becker. They suggested I reach out to Kelly Williams at DMS to purchase
credits. I just emailed her. I assume I need this application approved to confirm exactly what credits need to be
purchase.

Stormwater Information
G. 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.).*
Runoff is currently occurring, since it's a steep slope.
The seawall will be installed with backfill providing necessary drainage. Less than 25% of the buffer zone will be
permanently disturbed. The walkways in that area will be comprised of grass, walkable groundcover plants and
permeable materials, such as pebbles and wood for steps. The other 75% of the buffer zone will be undisturbed or
temporarily disturbed area. Any temporarily disturbed area will be restored with vegetation such as trees, shrubs,
flowers, grasses and ground cover. Any areas between planting will be seeded and mulched. The landscaping plan is
based around very low maintenance and natural vegetative growth that ensures erosion is addressed along with the
strategic placement of retaining walls to prevent even more debris from settling into the lake.
The retaining walls, for which this exception is required, will also be built with necessary drainage backfill and
measures necessary to address hydrostatic pressure. The areas around the retaining walls will be replanted with
shrubs, flowers and grasses as well. The walking path with steps adjacent to the retaining wall will be constructed
using natural, permeable materials such as grasses, walkable groundcover, wood and small rocks.
For Zone 1, the area will be replenished with at least 6 trees (Birches, Maples, Holly),14 evergreen and perennial
shrubs (4-6' maturity), 16 evergreen small shrubs, flowers, ground covering plants and seed to prevent erosion.
For Zone 2, the area will be replenished with at least 7 trees (Hollies, Maples, Ash,Dogwood), 10 evergreen and
perennial shrubs (4-6' maturity), 6 small evergreen shrubs, flowers, ground covering plants and seed to prevent
erosion.
2. Show the location of diffuse flow measure(s) on your site plan.
Click the upload button or drag and drop files here to attach document
Supplemental Vegetation.pdf 119.67KB
PDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each
proposed measure.
Click the upload button or drag and drop files here to attach document
PDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Click the upload button or drag and drop files here to attach document
PDF Only

Demonstration of Need
H. Demonstration of Need for a Variance
A
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. *
I don't believe we are in non-compliance with provisions and rules. I don't believe retaining walls are prohibited for
properties like ours with steep slopes. I've seen them built on other properties on Lake Royale that are similar to ours
and other lakes in North Carolina. I assume they are only allowed only via exception, since they should not be
employed unless absolutely needed, which the characteristics of our lot justifies. I'm relying on the results of this
process confirming how best to protect the buffer zone while providing us reasonable path to the lake shore and
protecting the local environment which is our common goal.
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 exception request is needed to address the retaining walls needed to prevent further erosion and to provide a safe
walking path from house to lake shore. I didn't want retaining walls and they weren't in my original plan (first DWQ
submission), but three different contractors have told me they are needed, so I'm realizing it's not possible to access or
stabilize the shore without them. Otherwise, erosion will continue and a safe walking path cannot be created. Currently,
you have to grab tree branches and hold on tightly to not go tumbling down the hill into the lake when walking in the 50'
buffer zone. Half the time, you lose footing and slide down until you can grab on to another tree branch. We've already
fallen down the slope a few times just planning the stabilization project, so it's a real safety and health concern. The
inability to address the erosion and create safe walking path would essentially prevent us from building a house on the
property. Building a house will only make the existing erosion issues worse without adding the sea wall, retaining walls
with the grading and drainage they will add and the supplemental and targeted vegetation. Since there is debris falling
down the slope now into the lake now, not developing the lot will not prevent erosion.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.*
I'm not aware of any violations of any rules. I'm pursuing all permits and providing detailed plans prior to any work in
the buffer zone.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which
is different form that of neighboring property.*
The neighboring properties to ours don't drop 30'+ in the lakeshore buffer zone. They have a more gradual slope
across their entire lot and also have paths with gradual sloping they can take advantage of to reach the shoreline. The
are a few other properties on the lake with steep slopes like ours and they have retaining walls.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread.*
The topology around Lake Royale varies considerably. Some lots have very little slope. Some lots like ours have an
extreme slope. There are not many undeveloped lots around Lake Royale, so perhaps the more difficult lots are the
last to be developed.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:

6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request a
variance? *
When we purchased the Lake Royale property last year, we only met with Soil Scientist prior to purchase to validate
the land would perc and that there was reasonable area for septic on the road side of the lot. Since we saw other steep
sloped lots in other parts of the lake that were developed, we had no reason to believe there would be an issue
developing it. We did expect that would have to seek permits and guidance on what is allowed. We also expected that
the land would not be clear cut and we would figure out the proper measures to minimize disturbance. We live on a
(less) steep lot now with walk out basement in Wake County that the Developer originally left with poor drainage and
erosion. We had to implement our own proper grading, retaining wall, drainage and lots of vegetation to address it.
Once addressed properly, we've not had any issues in 20+ years. We are using a lot of the same trees, shrubs and
grasses that have thrived and protected our lot for years in the plan here, since we know they work and grow well
locally. I guess that's the long way of answering No.

Sign and Submit
I. Sign and Submit
Deed Restrictions
By your signature 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.
Applicant's Certification
I, 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 will be recorded with all required permit conditions.
By checking the box and signing the box below I certify that:
By digitally signing below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit this form.
Print Name: * Rachele Shannon Kurtz
Signature*
1(geleeff Agitate, �
Submission Date: Automatically filled in

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
NORTH CAROLINA
Environmental Quality
December 16, 2021
Rachele Shannon Kurtz
109 Plyersmill Road
Cary, NC 27519
Expiration of Acceptance: 6/16/2022
Project: 113 Chuckwagon Drive County: Franklin
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Tar -Pamlico
03020101
Riparian Buffer
40 @ 3:1
Tar -Pamlico
03020101
Riparian Buffer
100 @ 1.5:1
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
D E
NORTH CAROLINA
Dgl.bn.M of Environmental {MIN
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street i 1652 Mail Service Center Raleigh, North Carolina 27699-1652
919.707.8976