20220263 Ver 1_Minor Variance_20220215

111.
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(
Protection and Maintenance of Riparian Areas Rules - Variance Application
E-FORM: VAR 10-2018
Submittal Application dated 2/15/2022
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)
C. Applicant/Owner Information
Who is submitting the application:*
Owner
O 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:
Primary Contact Email:
1. Property Owner:
la. Name:*
Anthony Thomas
This is for who should be notified if a payment is required.
[e-mail]
Anthony Thomas

1 b. Title:
lc. Mailing Address:*
I d. Telephone:*
le. Email Address:*
Street Address
9328 Tabriz Pt
Address Line 2
City
Raleigh
Postal / Zip Code
27614
4435386232
[e-mail]
D. Project Information
1. Project Name:*
2. County(ies)*
Wake
3. Property Location:
..................................................................
3a. Property Address: *
FallsPointe-9328Tabriz
(Subdivision, facility, or establishment name)
Street Address
9328 Tabriz Pt
Address Line 2
City
Raleigh NC
Postal / Zip Code Country
27614 USA
State / Province / Region
North Carolina
Country
USA
3b. Latitude: 3c. Longitude:
3d. Attach an 8 % 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_Wake_Forest_20190731 _TM_geo. pdf 112.13MB
PDF Only
* USGS Topo look up
3e. Attach an 8 % 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
20220118_18182706600_19_Soil_Report2.pdf 200.25KB
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)
4b. Date Property Purchased:
08/14/2020
mm/dd/yyyy
4c. Type
of Book
Book#
Page#
L _I
Deed
18020
1965
Map
1729
03
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
PDFViewWake.pdf
PDF Only
154.88KB
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:
7. List any permits/approvals that have been requested or obtained for this project in the past.
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
This application is in regards to a structure that is already present at my address, and was here when the house was
purchased. When purchasing I was told it was approved as it was built as "recreation equipment' for the previous
owners children, and thus exempt. After working on a permit for a separate project this came up as an exception and it
appears I need to get this officially approved.
The variance is for a small 11x11 ft (121 sq ft) playhouse on stilts, with a small decking around it. When you add the
decking dimensions it becomes-16x16sgft (so approximately 250 sqft total footprint). This structure is built on 14 8x8
inch wooden stilts, so there is no ground contact outside of the stilts.

2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
ImpactMap.pdf
PDF only
385.09KB
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/VVaterResources/O/doc/402224/Page1.aspx
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
la. Site# - Reason
Ib. Buffer
lc. Stream Name
Id. Mitigation
If. Zone 1
lg. Zone 2
Impact*
Required?
Playhouse Structure 1
Permanent
Yes
0.00
50.00
Map label (e.g. Road Crossing 1)
(P)
Square Feet
Square Feet
Map label (e.g. Road Crossing 1)
Temporary
0.00
0.00
(T)
Square Feet
Square Feet
1h. Total Zone 1 Impacts: 0.00
1 i. Total Zone 2 Impacts: 50.00
1j. Total Buffer Impacts: 50.00
1 k. Comments:
Only the corner of the decking makes it into the zone 2 buffer area for a total of 50sgft. The remainder is outside zone
2 with 182sqft in the ppuos. For a total of 232 sq ft impact .
Again, to reiterate, this was built by the previous owner of my home under the impression it was exempt as
"recreational equipment"
Calculated Mitigation
11. Zone 1
Total Impact
Multiplier
Required Mitigation
0.00
Square Feet
3
0.00
Square Feet
1 m. Zone 2
Total Impact
Multiplier
Required Mitigation
50.00
Square Feet
1.50
75.00
Square Feet
2. Mitigation Information kn)

2a. What is the mitigation plan proposed for this project?*
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
2d. Attach statement of availability from mitigation provider. *
9328 Tabriz Point Project - Buffer SOA 02-14-2022.pdf 139.87KB
2f. Comments:
Mitigation will be purchased from Wildlands Holdings
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.).*
The structure is built on stilts and in zone 2 and in the ppuos. There is no plant life in the way of where it was built, so
there was no disturbance. Dispersed flow is being maintained in the buffer, and stormwater is flowing in a dispersed
manner in the riparian buffer.
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
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
H. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable
return from or make reasonable use of your property. Merely proving that the variance would permit a greater profit
from the property shall not be considered adequate justification for a variance. The Division will consider whether the
variance is the minimum possible deviation from the terms of the applicable Buffer Rule that shall make reasonable
use of the property possible. *
The house was purchased with this already built with my understanding that it was already approved, as the previous
owner stated it was exempt as it was built as a "play structure" for her children. Removal of the structure for the
variance would incur a very large expense for me. Furthermore, as it was bought with my house I have been making
regular use of it.
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 majority of the back yard for the property is part of the buffer, taking that into account gives no options for adding
anything (shed, playground set, etc), so I can certainly see why the previous owner built it in this location.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.*
I imagine this would fall under unknowing violation, as I purchased my home with this already built on the property.

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. *
While I didn't build this, based on the way the property is shaped there really aren't many options for where anything
could be built (a shed, playground equipment, etc). So I can see why the previous owner put the structure where it is, it
fits very well into the space it is in. If I were to move it, there would really be no options on places to move, as there is
no other space in the back yard once you take into account the setback requirements.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread. *
Similar to H4, my property backs directly up to the buffer, and has a very small area of back yard outside of the buffer.
No other properties in my neighborhood that I am aware of are like this, so it is fairly unique to this property.
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? *
I purchased the property in August of 2020 with this structure/variance already in place. I believe the previous owner
purchased the property after the effective date of the buffer rule as well, then built it under the belief it was exempt as a
play structure for her children.
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;
a 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")
a 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");
a I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
a I intend to electronically sign and submit this form.
Print Name: *
Signature *
Anthony David Thomas
Submission Date: Automatically filled in

Initial Review
Is the project accepted
for review?*
Is the project located
within a NC DCM Area of
Environmental Concern
(AEC)?*
Is this a public -funded
transportation project?*
ID# *
Version *
Reviewing Office*
Select Reviewer*
Yes No
Yes 0 No Unknown
Yes ® No
20220263
1
Raleigh Regional Office - [phone]
Colleen Cohn:eads\cmcohn
Has payment been • No Payment Needed
received?* Fee Received
Need Fee- send electronic notification

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This map is not a legal document. Boundaries may be
generalized for this map scale. Private lands within government
reservations may not be shown. Obtain permission before
entering private lands.
Imagery
Roads
Names
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Boundaries
NAIP, May 2016 - November 2016
U.S. Census Bureau, 2016
GNIS, 1980 - 2019
National Hydrography Dataset, 1899 - 2018
National Elevation Dataset, 2008
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8 Knightdale
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WAKE FOREST, NC
2019

35° 55' 48" N
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Soil Map
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tbl\tbIVILUUeVIU I y154
CURVE TABLE
CURVE
LENGTH
RADIUS
CHORD BEARING
CHORD
Cl
76.16
775.00
N80.22'05"W
76.13
C2
187.80
775.00
N70'36'40"W
187.34
LINE TABLE
LINE
LENGTH
BEARING
L1
8.79'
N77'55127"E
L2
19.41'
N81'49'44"E
L3
29.00'
30116'42"E
L4
28.20'
S12'34'11"W
NOTE:
THE AREAS SHOWN ON THE RECORDED PLAT IDENTIFIED AS
NEUSE RIVER RIPARIAN BUFFER [AND/OR UNDISTURBED,
UNMANAGED OPEN SPACE) SHALL BE MAINTAINED IN
PERPETUITY IN THEIR NARURAL OR MITIGATED CONDITION. NO
PERSON OR ENTITY SHALL FILL, GRADE, EXCAVATE , OR
PERFORM ANY OTHER LAND -DISTURBING ACTIVITIES: NOR CUT,
REMOVE, OR HARM ANY VEGITAITON: NOR CONSTRUCT ANY •
STRUCTURES NOR ADD ANY IMPERVIOUS SURFACE, NOR ALLOW
ANIMAL GRAZING OR WATERING OR ANY AGRICULTURAL USE ON
SUCH PROTECTED AREAS WITHOUT WRITTEN AUTHORIZATION OF
THE DIVISION OF WATER QUALITY (DWQ) OR COMPLIANCE WITH
THE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 2B.0233
OR .0259) THIS COVENANT IS TO RUN WITH THE LAND, AND
SHALL BE BINDING ON THE OWNER, AND ALL PARTIES CLAIMING
UNDER IT.
'moo //1/T
•
3
NOW OR FORMERLY
FALLS POINTE, LLC
PIN #1729334639
DB 10927, PG 2022
BM 2004, PG 1156
•
so
NOTES:
1. ALL DISTANCES ARE HORIZONTAL
MEASURMENTS UNLESS OTHERWISE
2. AREAS SHOWN ARE COMPUTED BY
CALCULATIONS.
3. THERE ARE NO NCGS MONUMENTS
THIS SITE.
REFERENCE:
1. BOOK OF MAPS 2004, PAGE. 1156
FILED FOR REGISTRATION
DATE
LAURA M. RIDDICK
REGISTER OF DEEDS
WAKE COUNTY
BY:
ASST/DEPUTY
TIME:
BOOK:
MR_.PAGE: igt4
GROUND
SHOWN.
COORDINATE
WITHIN 2000 FT. OF
WAKE COUNTY, NC
LAURA N RIDDICK
REGISTER OF DEEDS
PRESENTED & RECORDED ON
09/27/200S AT 15:06:51
NOW OR FORMERLY
LOFTON V. ONEAL
FAYE M. ONEAL
PIN #1729333981
DB 4850, PG 294
PERMANENTLY PROTECTED
UNDISTURBED OPEN SPACE
4D
war
4
19,792 sq. ft.
0.454 acres
.0
PERMANENTLY PROTECTED 1374.?•1*Y�'
UNDISTURBED OPEN SPACE 54.20
WM
CO
01.0
59?
BOOK:$M200S PAGE:01984
9328
12.5
NOW OR FORMERLY
JULIE WRIGHT
FALLS POINTE, LLC
PIN #1729335960
DB 10927, PG 2022
BM 2004, PG 1156
r'L2
• ••-.•• • • •
NOW OR FORMERLY
HOMES BY DICKERSON, INC
PIN #1729335642
DB 11774, PG 661
8M 2004, PG 1156
•
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44, 2
in TWO STORY
DWELLING 5
UNDER CONSTRUCTION
5.
0
10.8
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a
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n•
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NEW PROPERTY LINE
FLOOD ZONE DESIGNATION
THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA ACCORDING TO FLOOD
INSURANCE RATE MAP NO. 3720172900J BEARING AN EFFECTIVE DATE OF MAY 02, 2006.
3 0
O)
IJO
10.91'
NOW OR FORMERLY
MATTHEW S. HARDING
RENEE HARDING
PIN #1729336643
DB 11846, PG 377
BOM 2004, PG. 1156
22"£ ..... •
•
10.99'
ry
CATV
•
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5
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0.346 acres
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CONTROL CORNER
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01 RIPARIAN BUFFER
•
s NOW OR FORMERLY
P11 LEON H. WEISSMAN
CARA D. WEISSMAN
PIN #1729337614
DB 12032, PG 1684
BM 2004, PG 1156
7-48R/z p0/N�
NOTE:
RECOMBINED PROPERTIES ARE SUBJECT TO PART 10, CHAPTER 9
/(STORMWATER CONTROL AND WATERCOURSE BUFFER REGULATIONS)
OF THE RALEIGH CITY CODE.
GRAPHIC SCALE
(INFEET )
1 inch we 30 ft
6
CONTROL CORNER
45' PUBLIC R//W
THIS PLAT OR MAP IS NOT A SUBDIVISION, BUT A
RECOMBINATION OF PREVIOUSLY PLATTED PROPERTY, AND
MEETS ST`1T4TOfj,Y REQUIR MI=NTS FOR RECORDING."
PLANNING DIRECTOR / WAKE COUNTY REVIEW aF4ER
g/l./a/
THIS PLA TO BE CO F
AFTER p� AY OF(rj
,
1 COPY TO BE RETAINED FOR THE
THIS PLAT IS IN 0 OUT ❑ OF THE
CITY LIMITS.
(NOT TO SCALE)
VICINITY MAP
I Timothy E. Bowes, certify that this plat was drawn under my
supervision from an actual survey mode under my e��u� pe�rviston
(deed description recorded In Book AS page ?f1AMN ).that the
boundaries not surveyed are clearly indjmm
c2.ed as drawn from
Information found to Book AS pogo itti ; that the ratio
of precision its calculated Is 1: 20.000 ; that this plat
was prepared in accordance with G.S. 47-30 as amended. Witness
my original signature, registration number and Beal this 18th
day of July , 2006.
I HEREBY CERTIFY THAT THIS PLAT I5 OF THE FOLLOWING TYPE:
G.5.47--30 (t)(11)(d). This survey Is of another category, such
as the recombination of existing parcels, a court -ordered
survey, or other exception to the definition of eubdlvielon.
Sighed I Seal : L-3455
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this certifies and warrants that the undereigned le (pre) the sole owner(*) of the ply
shown on this mop or plot and any accompanying sheets eubjsct to the exceptions on rocord,
having aoquked the property in fee simple by deed(*) recorded I the offlae of the Register of
Desds of Wake County, North Cwdlna, or otharwIae, as shown below and as such, has (haw)
the right to convey the property In foe simple, and that the dedlcotar(s s wwarrant and
disfi+d the Mho against hf a Lawful dolma Of all parsons whomsoever u excepted hems
and that by submission of this plot or map for approvd I (ws) do dedicate to the City of
Raleigh for public use all streets, easements, rights -of -way, pares and greenways, (as those
Interest arc defined in the Code), and as the some may be shown thereon, for all lawful
pu to Wild!' the City may demote or Blow the same to be used and upon acceptance
Theeaf M accordance with all City pololes. adlsonasa. regulations or condlHane of the ORy of
Raleigh for the benefit of the pubic, said dedication shah be Irrevocable, provided, any
dedicotan of casements for storm drainage are not erode to the City of 1i0Eel0 but are
Irrewoably mods to the subsequent owners of any and aft properties shown hereon for their
use and benefit abject to conditions of subsection (b), (c), (d). and (f) of Section 1 and
Sevtfan 4 of the City Storm Drainage Policy'. (Rseolutlea 1970-742 air the same may be from
time to time amended).
Dead Book Page
Signature(e) of Property owner(*)
Signature(*) of Property own
Signature(s) of Property owner(*)
STATE OF NOR1H CAROLINA
C"
MINTY!, effOTAgy': 1:
i oerttf that tinghe faltoshn s dt ebe e e •thle do , each qi rbb p yyOpp a. Y •
porpow . ato to me that he or she coca" ki oted: the dope t� a
Mom* stated therein and is the copae#y brdlootsd: - • .�.
•
•
c� Tr Z I��Iw• LW
Date' P / II 2006 'I I ''� „�► •e •
P� .'TA II, J �'�-Yff1G ..teed •r V OV LA •
My commission Eispeew ,
407 Gorman St.
Suite 101
Raleigh, North Carolina 27607
919-833-7336
Fax: [phone]
www.bbmassociates.com
RECOMBINATION PLAT
FALLS POINTE SUBDIVISION
LOT 4 AND LOT 5
RALEIGH WAKE COUNTY NORTH CAROLINA
LEGEND
WM WATER METER
O SET IRON PIPE
• EXISTING IRON PIPE
CO SEWER CLEANOUT
LINES SURVEYED
LINES NOT SURVEYED
STREET ADDRESS
000
PARCEL ZONING
R-4
DATE
3-08-06
SCALE
1 "=30'
REVISIONS
CITY COMMENTS
7-17-06
DRAWN
BY WCP
CHECKED
BY TEB
SHEET
PROJECT # 1
FSPT 4-5 OF 1
TAX PARCEL
PIN #1729135642 A 1721136643
R-85-06 & S-85-02
R9. .

9328 Tabriz Pt
Anthony Thomas
443-538-6232 -
02/10/2022
XNID
• - Buffer Structure
[e-mail]
Stream
25o sqft bldg+ deck.
Approx.
�f232 sqft
in ppous
NAIL 0
FOUND
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HOLDINGSWILDLANDS
@
Statement of Availability
Neuse 01 Riparian Buffer Credits
February 14, 2022
Anthony Thomas
9328 Tabriz Point
Raleigh, NC 27614
RE: Availability of Riparian Buffer Credits for the "9328 Tabriz Point — Backyard Project" project
Bank Name: WEI - Neuse 01 Nutrient Offset and Buffer Umbrella Bank
Bank Site: Buck Swamp Parcel
Bank Sponsor: Wildlands Holdings II, LLC
DWR Project #: 2012-0144v2
Permittee: Mr. Anthony Thomas
Riparian Buffer Credits Needed: 348.00 sq. ft.
Riparian Buffer Credits Available: 2,208.00 sq. ft.
Neuse 03020201 River Basin
Dear Mr. Thomas,
Wildlands Holdings II, LLC currently has sufficient riparian Buffer credits from the WEI — Neuse 01
Nutrient Offset & Buffer Bank: Buck Swamp Parcel to satisfy the riparian buffer mitigation
requirements related to the above -mentioned project. The project is located within the service area
(HUC 03020201) of the Bank.
This letter is simply a statement of availability of credits as of the date written. Although current
inventory is high, the letter is not a guarantee of availability as credits will be sold on a first come, first
serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve
both the credits and price quoted for a period of 30 days from the invoice at no cost.
Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification
Authorization Certificate from the NC Department of Environmental Quality approving the Riparian
Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings II,
LLC. We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina
Division of Water Resources and to you for your records
We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at
[phone] x124 or [e-mail] if you have any questions or need any additional
information.
Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203

HOLDINGSWILDLANDS
"IIJ
Sincerely,
Ashley N. Yarsinske
Wildlands Engineering, Inc.
Marketing & Credit Sales
[e-mail]
0: [phone] ext. 124
M: [phone]
Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator I NC Division of Water Resources
Wildlands Holdings II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203