20220656 Ver 1_Riparian Buffer Authorization_20220510

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 5/10/2022
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:* Brian Kochan
Brian Kochan
This is for who should be notified if a payment is required.

1 b. Title:
lc. Mailing Address:*
Id. Telephone:*
le. Email Address:*
Street Address
312 Watsons Mill Ln
Address Line 2
City
Clayton
Postal / Zip Code
27527-5282
919-757-2440
[e-mail]
D. Project Information
1. Project Name:*
2. County(ies)*
Johnston
3. Property Location:
.................................................................
3a. Property Address: *
Patio
(Subdivision, facility, or establishment name)
Street Address
312 Watsons Mill Ln
Address Line 2
City ,• Prc
Clayton NC
Postal / Zip Code Country
27527-5282 US
3b. Latitude:
35.6614091
State / Province / Region
NC
Country
US
3c. Longitude:
-78.3918882
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
GIS Topo.pdf 142.51 KB
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
SOI LS_PRI NT_MAP_1652218452. pdf 143.86KB
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)
168900-06-5152
4b. Date Property Purchased:
07/28/2005
mm/dd/yyyy
4c. Type
Book#
Page#
of Book
Deed
02945/0603
0063/0241
Map
02945
0603
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
PDF_PRINT_MAP_1652217725.pdf
PDF Only
134.8KB
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
4i. Directions to site from nearest major intersection:*
Route 40 to US Route 70 to Route 42 East Flowers Plantation
5. Stream associated with riparian buffer to be impacted by the proposed activity:
L
Name
Water Quality Classification
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied
Date Received
Permit Type
E. Proposed Activity

1. Provide a detailed description of the proposed activity including its purpose:*
Selling House and closing Friday 13th. Owner was not aware of Riparian Buffer until last week. Have spoken to County
(Charles Pender) and State (Shelton Sullivan). Both have visited site. Thank You!!
The current state is the following:
- Patio built — 10-12 years ago and no erosion from patio.
- When I built I called HOA, Flowers HOA, and County. They stated I did not need a permit because I did not have a
foundation. I was not aware of riparian buffer regulations of course when I built
- No current erosion around or downslope of the patio.
- Existing trees and shrubs, stable area
- No encroachment in Zone 1
- Patio encroachment on in Zone 2 only, approximately 300 sq. ft. and approximately half of the patio.
- Patio built with pavers. No evidence of concentrated storm flow from the patio surface
- Very stable ground
- Between the house and patio, not in the buffer, added — 20' of grass leading to patio to help with existing erosion and
gully post construction. Grass strip across the total lot width — 100' or more paralleling the stream
- Planted many shrubs and ground cover to reduce water runoff
- It would cause more erosion /sedimentation to stream and buffer if I put back into original state since we had
significant slope before I added patio, shrubs, and grass.
My thought is that I have improved the situation environmentally on adding all of the grass and shrubs. (note most of
these were planted outside of the buffer and some within zone 2.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
KochanSurvey.pdf
PDF only
181.35KB
** 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
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?
If. Zone 1
lg. Zone 2
300
Permanent
NA
Yes
0.00
300.00
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
1 h. Total Zone 1 Impacts: 0.00
11. Total Zone 2 Impacts: 300.00
1 j. Total Buffer Impacts: 300.00
1 k. Comments:
The area is well within 300 square foot
Calculated Mitigation ,,h,
11. Zone 1

Total Impact
Multiplier
Required Mitigation
0.00
3
0.00
Square Feet
Square Feet
1 m. Zone 2
Total Impact
Multiplier
Required Mitigation
300.00
Square Feet
1.50
450.00
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
2d. Attach statement of availability from mitigation provider. *
312 Watsons Mill Lane - Buffer SOA 05-10-2022.pdf 184.62KB
2f. Comments:
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.).*
This patio has been built over 10 years ago and both State and County said no erosion and very stable. Changing
patio would cause possible erosion issue. No additional stormwater details since not moving patio portion.
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 patio has been in service for 10+ years. It has been determined by site visits from County and State DEQ that site
is stable and no erosion. Significant amount of grass above patio is slowing down water flow. Prior to patio there was a
high slope and water flowed towards river during storms. Also planted significant vegetation near patio.
I am closing on house Friday May 13th and this issue is causing title issue with Buyer.
I have proactively walked site with County and State DEQ to do determine right thing and we all agree leaving in place
has no detrimental impact.
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 hardship is that the Buyer is forcing a breach of contract due to this.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.*
The patio was built over 10 years ago and owner was not knowingly aware of riparian buffer rule. Owner would have
moved patio over 25' if known and would not have issue. I did call Watsons Mill HOA, Flowers Plantation HOA, and
County before building. Was told by all since this is a free standing block patio I did not need permit or any other
approval.
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 hardship is that the patio is existing and was designed into landscape to not wash out existing patio. When
purchased property water ran fast in backyard during heavy rains.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread. *
This is new to me and hardship is real because buyer is stating I am breach of contract.
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? *
Yes the property was purchased in 2005. Buffer rule was established prior. I am willing to draft a letter to the HOA
manager communicating to others the importance of buffer and why established and guidelines in place. This will
hopefully educate others so this does not happen.
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:
a 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:* Brian Kochan
Signature*
,eteinee �fJl�
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
20220656
1
Raleigh Regional Office - [phone]
Colleen Cohn:eads\cmcohn
Has payment been • No Payment Needed
received?* Fee Received
Need Fee- send electronic notification

1
312 Watsons Mill Ln, Clay X ;.
®®

20OHN NON
UN
='-
* * * DISCLAIMER * * *
Johnston County assumes no legal responsibility for the information represented here.
NORTH.CAROLINA
\
Result 1
id: 16J04019W
CeB
Tag: 16J04019W
N C P i n: 168900-06-5152
Mapsheet No: 1689
Owner Name 1: KOCHAN, BRIAN S
Owner Name 2: KOCHAN, CATHERINE A
2 3 :
Mail Address 1: 312 WATSONS MILL LANE
Mail Address 2:
Mail Address 3: CLAYTON, NC 27527-0000
• a
Site Address 1: 312 WATSONS MILL LN
/
Site Address 2: CLAYTON, NC 27527-
/
Book: 02945
1
Page: 0603
1W
/
Market Value: 485750
Assessed Acreage: 1.120
/' ill
Jr
Calc. Acreage: 1.107
OPEN
/'
Sales Price: 514000
9
DSO
Sale Date: 2005-07-28
=CE
tis
/
AA- e ,P, /'
136
,
(1.1OA) ,/
WATSONS MILLS LOTS 17 & 18
5975
8
l✓
Scale: 1:1257 - 1 in. = 104.79 feet
Johnston County GIS
(The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) May 10, 2022

NORTH.CAROLINA
OHN NON
OUN
'�.. -
* * * DISCLAIMER * * *
Johnston County assumes no legal responsibility for the information represented here.
Result 1
id: 16J04019W
13
14
Tag: 16J04019W
N C P i n: 168900-06-5152
(1.48A)
Mapsheet No: 1689
Owner Name 1: KOCHAN, BRIAN S
Owner Name 2: KOCHAN, CATHERINE A
2381
5300
Mail Address 1: 312 WATSONS MILL LANE
Mail Address 2:
Mail Address 3: CLAYTON, NC 27527-0000
Site Address 1: 312 WATSONS MILL LN
15 /
Site Address 2: CLAYTON, NC 27527-
/�
Book: 02945
Page: 0603
91.11A) /
Market Value: 485750
Assessed Acreage: 1.120
/'
Calc. Acreage: 1.107
OPEN
5152 /'
Sales Price: 514000
Sale Date: 2005-07-28
SPACE
S,
16/
›.------
(1.10A)
ATSONS MILLS LOTS 17 & 18
5975
8
71
l✓
Scale: 1:1257 - 1 in. = 104.79 feet
Johnston County GIS
(The scale is only accurate when printed landscape on a 8 1/2 x 11 size sheet with no page scaling.) May 10, 2022

SITE
WATSONS MILL LN
VICINITY MAP - NOT TO SCALE
I HEREBY CERTIFY THAT THIS SURVEY COMPLIES WITH THE
NORTH CAROLINA STANDARDS OF ACTICE FOR LAND SURVEYING
(SECTION 1600) FOR CLASS A CL B VEY$!11HAT THE
RATIO OF PRECISION BEFORE DNT1/1
(TRAVERSE NOT BALANCED
PLAT NOT PREPARED FOR RECORDATION
NC GRID NORTH - NAD 83
LOT SHOWN IS:
LOT 15
PHASE ONE
WA TSON'S MILL
PLAT BOOK 63 PG 240
NOTE: 1/2" EIS AT ALL PROPERTY CORNERS UNLESS NOTED OTHERWISE
N�cz'1'9NcF c9.oF N
6UF�
ELECTRIC
TRANSFORMER��
a �
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o70
LOT 14
4'
W
237•
5'
LOT 16
N 76.34'45"E
8
p(1
0
0
m
LOT 17
PROPERTY ADDRESS:
312 WA TSONS MILL LANE
CLA YTON, NC 27527
PROPERTY OF
CHARLES DA VID FULLER
G. R. BROWN SURVEYING
P.O. BOX 4444, CARY, NORTH CAROLINA 27519-4444
[phone]
WILDERS TWSP JOHNSTON COUNTY NORTH CAROLINA
APRIL 26, 2022 I SCALE: 1 "=50' I JOB NO. 223259
50' 25' 0' 50'
100'
SCALE IN
SCALE: 1" = 50'
FEET
LEGEND
EIP - EXISTING IRON PIPE
EIS - EXISTING IRON STAKE
VR W - RIGHT-OF-WAY
B - BOOK OF MAPS
DB - DEED BOOK
PG - PAGE
LINES SURVEYED
LINES NOT SURVEYED

WILDLANDS
HOLDINGS „IIH
Statement of Availability
May 10, 2022
Mr. Brian Kochan
312 Watsons Mill Lane
Clayton, NC 27527
RE: Availability of Riparian Buffer Credits for the "312 Watsons Mill Lane" project
Bank Name: WEI - Neuse 01 Nutrient Offset and Buffer Umbrella Bank
Bank Site: Buck Swamp Parcel
Bank Sponsor: Wildlands Holdings II, LLC (wholly owned by Wildlands Engineering, Inc.)
DWR Project #: 2012-0144
Permittee: Mr. Brian Kochan
Riparian Buffer Credits Needed: 450.00 sq. ft.
Riparian Buffer Credits Available: 1,860.00 sq. ft.
Neuse 03020201 River Basin (Outside of the Falls Basin)
Dear Mr. Kochan,
Wildlands Holdings II, LLC currently has sufficient riparian Buffer credits from the WEI — Neuse 01
Nutrient Offset and Buffer Umbrella 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