20220323 Ver 1_Signed FINAL l Submission (Variance)_20220330

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
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 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 0213.0233)
❑ Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 0213.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 0213.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 026.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 0213.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 0213.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
Name: RON COX HARBISON MARTHA L REVOCABLE TRUST
Title:
Street Address: 2479 Camelia Pointe Drive
City, State & Zip
Telephone:
Sherrills Ford NC 28673-9139
704-909-9100
Email: [e-mail]
1. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10-2013

2. Agent Information:
3a. Name:
Company Affiliation
Street Address:
Michael W Burkhard
Burkhard Environmental Consulting
21326 Bethel Church Rd
City, State & Zip: Cornelius NC 28031
Telephone: [phone]
E-mail: [e-mail]
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
3. Project Name (Subdivision, facility, or establishment name):
LAKEPOINTE NORTH PH 2
4. Project Location:
5a. Street Address: 2479 Camelia Pointe Drive
City, State & Zip:
5b. County:
Sherrills Ford NC 28673-9139
Catawba
5c. Site Coordinates (in decimal degrees): 80.9438 Latitude 35.6264 Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
5. Property Information:
6a. Property identification number (parcel ID): 462801284512
6b. Date property was purchased: 8/25/2021
6c. Deed book 3594 and page number 1306
6d. Map book 46 and page number 3,4,5,E
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
❑ YES ❑ NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
FORM: VAR 10-2013 Page 2 of 6

8. Directions to site from nearest major intersection:
Sherrills Ford Elementary School go West on Island Point Rd take a Left on Camelia Point Dr
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Lake Norman WS-IV Critical Area
9a. For Goose Creek only: Is the buffer in the 100-year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
TURF GRASS-- submitted
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensions
0 Adjacent streets and roads labeled with names and/or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ftZon the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
FORM: VAR 10-2013 Page 3 of 6

0 Footprint of any proposed buildings or other structures
0 Discharge points of gutters on existing structures and proposed buildings
0 Existing drainage (including off -site), drainage easements, and pipe dimensions
0 Drainage areas delineated
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Numbers—
Reason for Impact
Buffer
Zone 1 Impact
Zone 2 Impact
Permanent (P) or
Mitigation
(square feet)
(square feet)
Temporary (T)
Required
B1 - ❑ P ❑ T
Buffer Stabilization
❑ Yes ❑ No
963
578
An exhaustive search of
the applicable
guidelines by the owner
did not disclose any
explicit, or implicit,
reference to artificial
turf as being prohibited
within the respective
buffers.
B2 -
❑
P
❑
T
Shoreline Stabilization
❑ Yes ❑ No
1672
B3 -❑P
❑T
❑ Yes ❑No
Total Buffer Impacts
3213
'Label on site plan
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 1'
3
(2 for Catawba only)
Zone 2
1.5
Total Buffer Mitigation Required:
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Submitted
3a. Is buffer restoration or enhancement proposed? ❑ Yes ❑ No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
FORM: VAR 10-2013 Page 4 of 6

3b. Is payment into a buffer restoration fund proposed? ❑ Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10-2013 Page 5 of 6

D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation
or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
Stormwater associated with this Variance application is handle by with sheet flow
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
2a. Show the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
The area involved is in the backyard of our property. We completed an earlier approved protect
(removal of concrete block firepit and brick sidewalks, concrete steps, etc., all within the 30-ft. buffer, and built a new stone
patio/firepit outside the 30-ft. buffer). With the severe slope of our backyard and the even more severe slope of the
embankment bordering Lake Norman, it was very dangerous to even be in the area, due to the risk of slipping and falling. And
with the old firepit being located right at the top of the embankment next to the lake, if one were to stumble, as I did on a
couple of occasions, it might well have resulted in tumbling down the embankment, causing serious injury or death. In fact, that
risk was what got us thinking about reworking the entire area in the first place. The old firepit where it was located, plus slick
pavers getting to the firepit, without steps, etc., was the primary reason we decided to rework the area where the artificial turf
is presently located.
With the new stone patio/firepit being where it is, coupled with the fact that a pre-existing retaining wall runs 2/3's of the width
of our property, access to our backyard is severely limited for anything besides hand tools, such as shovels, rakes,
wheelbarrow's, etc. Anything we did to improve our backyard necessarily had to be done, first of all, to prevent further erosion
and to stabilize the area; and in a manner that would be low maintenance or maintenance free; and finally, it had to result in an
area that would be safe for us and our erandchildren to olav in. etc. We considered iust mulchine the entire area and olantine it
FORM: VAR 10-2013 Page 6 of 6

in shrubbery. However, to have done so would mean ongoing maintenance in the form of replenishing the mulch, trimming and
replanting shrubbery when necessary... all of the things that go along with maintaining a "natural" backyard. But most
importantly, it would have eliminated the entire area as a playground for small children and would have created an even more
dangerous area for us. We are both in our seventy's and to walk on loose mulch on a slope is dangerous for us, especially when
it is the least bit damp or wet.
We considered various options, including re -seeding in fescue, and/or sodding the area; mulching the entire area and putting in
shrubbery, small trees, etc.; and installing the artificial turf.
• Re -seeding or sodding the area: To re -seed or put in sod would have meant, first of all, having to bring in topsoil as a top -
dressing for the area, as virtually all of the topsoil had long since washed away, before we bought the property. The only way to
get topsoil in the volume necessary to cover the area would be with equipment such as bobcats, etc. and there was no way to
do that, with the physical barriers described above. Plus, even if we had solved the problem of getting topsoil in, there was no
guarantee that such a yard would work. Several such efforts by previous owners had all failed. Finally, even if we succeeded in
establishing a natural grass lawn, maintaining it with even small equipment such as lawnmowers, would have been a problem
due to poor access to the area. It would have also been an ongoing maintenance headache.
• Mulching area and putting in shrubbery: This would have avoided our having to cover the entire area with a top -dressing of
topsoil, but because the natural topsoil had washed away, we would have had to add topsoil and other soil enrichments, in the
individual holes for each piece of shrubbery or tree, as we were advised by landscapers. But if we just mulched the entire area,
the mulch would have to be replenished from time to time, otherwise it would simply wash away and/or decay. Again, any
mulch placed in the area must be done with wheelbarrows, rakes, etc. and with manual labor, because of the lack of access to
get equipment into the area. Most importantly to us, as the owners of the property, it would have eliminated the area as a play
area for our grandkids and would have made it unsafe for us to be on, particularly when wet. I will note that in the shady area
of our backyard, we did heavily mulch just last year. To do so, we hired a crew of four men, who spread 4 dump truck loads of
mulch in the area, using hand tools and wheelbarrows only. It took them a full day and cost us over $4,000. Yet already, the
area needs to be replenished. And we've had to hire someone to pick up sticks, limbs, etc. and to do the ordinary maintenance,
as we don't go into the area ourselves, because it is dangerous at our age to do so.
• Installing the artificial turf: After considering all of our options, we chose to go with the artificial turf. The thought never
occurred to us that it might be prohibited, since there is no mention of artificial turf explicitly being prohibited in the guidelines.
Plus, we visited several sites where the installer had put in artificial turf, in both buffer zones on Lake Norman. None of those
owners said anything about it even being necessary to get DEG approval first. Most importantly, even though artificial turf is
very expensive on the front end, it completely stopped our erosion problem; it was designed to promote diffuse or dispersed
flow; it is virtually maintenance free; it resulted in an area that provides an excellent play area for grandkids (it is designed for
use on playing fields such that it is safe for people); and it provides a safe area for us to walk across, play with the grandkids on,
etc.. even when wet. It seemed to us to be the oerfect solution for a lot of the problems that were specific to our
...until we received the first NOV letter from DEG ... thanks to our iealous neighbors turning us in!
FORM: VAR 10-2013 Page 7 of 6

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 owners of this property are both 70 years old and the area was dangerous for them.
Before the artificial turf was installed, it was very treacherous to try to walk across this area.
The owners considered mulching the area but because mulch is "loose." that factor in
combination with the slope, would have made it even more dangerous for them than the
barren soil, especially when wet. They were advised by the landscapers who were consulted
with, that the best option to put a stop to the erosion problem would be to install the artificial
turf which not only is permeable, but it promotes dispersed flow and is designed to do so.
• The current proposed design creates a much larger area of infiltration and will consist of far
more native NC shrubs, grasses, trees, etc., which will serve as a buffer between the affected
areas and Lake Norman
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
There is no practical way to get into the area even with small equipment, because of the
location of the new patio and firepit, and the pre-existing retaining wall, which in combination
create a barrier, from one side of our property to the other side of the property. Now, any
work done in the area, can only be done with manual labor and hand tools (shovels, rakes, wheelbarrows, due to inaccessibility
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
Neither the owner nor the contractor, which did the installation, were aware that this
would be a violation of anv kind. as artificial turf is used on numerous lots on Lake
Norman and installed within the Catawba River Buffer. The owners visited several
sites on lake Norman, where the same material was installed, within both Zone 1 and
Zone 2. They were told repeatedly that no approval was sought or required. Plus, an
exhaustive review of 15A NCAC 02B .0614 before the artificial turf was installed, did
not disclose anv mention of artificial turf one wav or the other.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
See responses above
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage easements, that the easements will run with the land, that the easements cannot be changed
or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot.
G. Applicant's Certification
I, Ron Cox (print or type name of person listed in Section A, Item 2), certify that the information included
on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that
the deed restrictions in accordance with Section F of this form will be recorded with all required permit conditions.
Signature: ,tip
Date:
FORM: VAR 10-2013 Page 8 of 6