20220704 Ver 1_Riparian Buffer Authorization Request_20220519

Buffer Authorization Application Form
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Form -
Update 10/23/2018
Original Submittal 5/19/2022
A. Owner/Applicant Information
General Information
Primary Contact Email: *
Who is submitting the application?*
[e-mail]
Please list the contact person's email for questions or payment on this project if needed.
Owner
Applicant other than Owner
Agent
Is there an agent working on this application but Yes
not submitting it? • No
1. Property Owner Information:
la. Name on Recorded Deed: *
1b. Responsible Party:
lc. Mailing Address:*
Id. Telephone: *
9105248603
Miya and Phillip Bryant
(for Corporations)
Street Address
1901 Milan Street
Address Line 2
City
Durham
Postal / Zip Code
27704-4745
B. Project Information and Prior Project History
1. Project Information
1a. Name of Project: *
State / Province / Region
NC
Country
US
le. Email Address:* [e-mail]
Bryant Detached Garage
(Subdivision, facility, or establishment name)
1b. Is this a publicly -funded transportation project?*
Yes
No
Id. Subdivision Name: Northeast Hills
le. Nearest Municipality: Durham
If. Property Size: 0.83
acres

1g. County (or Counties) where the project is located:*
Durham
1h. Property ID#
Tax PIN or Parcel id
1i. Deed Information
Date of Purchase
12/2/2021
Type of Book
Deed
Map
Book#
Page#
1j. 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
Milan St 1901.pdf
PDF only
2.86MB
1k. How would you like to provide the Latitude and Longitude information?*
• Address Lookup
Manually
Address Lookup
Latitude* 36.0167839
Street Address
1901 Milan Street
Address Line 2
City State / Province / Region
Durham NC
Postal / Zip Code Country
27704-4745 US
Longitude* -78.8534593
11. Is the project located in any of North Carolina's twenty coastal counties?*
Yes
No
2. Surface Waters
2a. Name of the nearest body of water to proposed project: *
Ellerbee Creek
2b. Water Quality Classification of nearest receiving water: *
73
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
100
(linear feet only)
3. Project Description:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:
The area we would like to build our project is in zone 2 (more than 30 feet away from
stream bank). It is currently a gravel driveway. There is no vegetation on proposed
build site.

3b. 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
1901 Milan Topo Map.pdf 275.54KB
PDF only
3c. 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
PDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used: *
We would like to erect a 2 car garage in zone 2 on the existing gravel driveway
beside our home. The Garage would be for storage.
Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
PDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this property/project
(including all prior phases) in the past?*
Yes
No
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? *
Yes
No
7. Future Project Plans
..........................................................................................................................
7a. Is this project a phased project?*
C. Proposed Impacts Inventory
Buffer Impacts
O Yes
O No
Project is in which protected Basin?*
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)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 026.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type
Zone 1
Zone 2
Garage
Map label (e.g. Road
Crossing 1)
Ellerbee
Permanent
(P)
Perm or Temp
Allowable
0.00
Square
Feet
400.00
Square
Feet
Total Zone 1 Impacts: 0.00

Total Zone 2 Impacts: 400.00
Total Buffer Impacts: 400.00
Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.
Remove all debris from site and not allow any to enter stream.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Remove all debris from site and not allow any to enter stream.
E. Diffuse Flow Plan
la. What type of SCM are you providing?*
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Proposed project will not create concentrated stormwater flow through the buffer
Other SCM that removed minimum of 30% nitrogen
lc. Diffuse Flow Documentation
F. Supplementary Information
Environmental Documentation
Click the upload button or drag and drop files here to attach document
Options for Meeting Diffuse Flow Provisions of the
Storwmater and Riparian Buffer Protection 217.73KB
Programs.pdf
PDF only
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes
No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR Surface
Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
Yes
No
2b. Is this an after -the -fact buffer authorization application?
Yes
• No
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments:
Click the upload button or drag and drop files here to attach document
PDF only

Additional Comments:
We would like to build a two car garage next to our house outside of zone 1. We are
hoping to receive approval to start looking for quotes and a builder.
H. Sign and Submit
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 the application form."
Print Name: * Miya Bryant
Signature
044,..rei
Submission Date: (Auto populated field)

Initial Review
Is this accepted into the review process?* • Yes No
Yes
• No
ID#* 20220704
Version:* 1
Select Reviewer: * Colleen Cohn:eads\cmcohn
Select Reviewing Office* Raleigh Regional Office - [phone]
Is this project a public transportation project?*
Has payment been received?* • No Payment Needed
Fee Received
Need Fee - send electronic notification

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hwestorsfle Insurance Company
A Stock Company
P.O.Drawer 2557
Chapel Hill,North Caroline 27515-2687
pue 968-2200 [phone] Fax:[phone]
SURVEYOR'S REPORT FORM
To: INVESTORS TITLE INSURANCE COMPANY
THIS IS TO CERTIFY, that on November 29th , 2021 , I made an accurate survey of the
premises standing in the name of 1901 Milan St
Durham Durham North Carolina 27704
CITY COUNTY STATE
situated at briefly described as Lot 6 Block 0, Section 3"Northeast Hills Subdivision" P.B.47 Pg. 36 and shown
on the accompanying survey entitled:
Survey fnr Miya Rryant R.Phillip Rryant
I made a careful inspection of said premises and of the buildings located thereon at the time of making such
survey and again on November 29th , 2021 and at the time of such latter inspection I found
Recycling and Salvage Services, Inc. to be in possession of said premises
as Owner •
(TENANT)OR(OWNER)
I further certify as to the existence or non-existence of the following at the time of my last inspection:
1. Rights of way, old highways, or abandoned roads, lanes or driveways, drains,
sewer,water, gas or oil pipe lines across said premises: As Shown
2. Springs, streams, rivers, ponds, or lakes located, bordering on or running
through said premises: As Shown
3. Cemeteries or family burying grounds located on said premises. (Show
location on plat): None
4. Telephone, telegraph or electric power poles, wires or lines overhanging or
crossing or located on said premises and serving said premises or other
property or properties: None
5. Joint driveways or walkways; party walls or rights of support; porches, steps
or roofs used in common or joint garages: None
6. Encroachments, or overhanging projections. (If the buildings, projections or
cornices thereof, or signs affixed thereto, fences or other indications of
occupancy encroach upon or overhang adjoining properties, or the like
encroach upon or overhang surveyed premises, specify all such): None
7. Building or possession lines. (In case of city or town property specify
definitely as to whether or not walls are independent walls or party walls and
as to all easements of support or "beam rights-)" In case of country property
report specifically how boundary lines are evidenced, that is, whether by
fences or otherwise). None
8. Is property improved? Yes
9. Indications of building construction, alterations or repairs within recent
months:
(a)If new improvements under construction,how far have they progressed? None
10. Changes in street lines either completed or officially proposed:
(a)Are there indications of recent street or sidewalk construction or repairs? None
11. Does the property abut a dedicated public road? If not, explain what type of Yes
road it abuts. If property does not abut
a road, answer this question"none.
12. If the surveyed premises are subject to restrictive covenants, do the
improvements, use and occupancy comply with such? (If the premises are
subject to restrictive covenants, have the examining attorney furnish you •
verbatim copy of them.) None Furnished •
. - - -
Registered eyor
NOTE: In all cases where there are encroachments, support easements, party walls, etc.,they should also be denoted upon the map of your
survey.Also,be certain map complies with instructions on reverse side.
Form No.112 (OVER)

3410 Gibbs Ln David M. Ray, PLS919-296-1298
Hillsborough NC 27278 [e-mail]
Invoice #2567
Invoice Date: 2021-11-29 Due Date: 2021-12-29
— Sold To Ship To
Phillip Bryant Mann, McGibney&Jordan, PLLC
1901 Milan St Attn: Lauren Packett
Durham NC 27704
Customer: 2398
Sales Rep: House Account Terms: Net 30 Total Due: $500.00
Total
Ln# Quantity Description Unit Price
1 1 Each 1901 Milan St. Durham, NC 27704 $500.00/Each $500.00
Boundary survey with house location.
Subtotal: $500.00
Shipping: $0.00
Total: $500.00
Page 1

Options for Meeting Diffuse Flow Provisions of the
Stormwater and Riparian Buffer Protection Programs
March 7, 2014
Initials Date
Approvals: Bradley Bennett, DEMLR Stormwater Program Supervisor 3/'7//V
Toby Vinson, DEMLR Acting Land Quality Section Chief . 711'`
Matt Matthews, DWR Water Quality Permitting Section Chief 77z-0/,'
Effective immediately, the Division of Energy, Mineral and Land Resources and the Division of
Water Resources will consider Options 1-4 as meeting the diffuse flow provisions of the BOTH
the stormwater rules AND the various riparian buffer rules. Option 5 will be allowed for
meeting the diffuse flow provisions of the stormwater rules but is not currently allowed for
meeting the diffuse flow provisions of the buffer rules
The water quality design storm intensity for diffuse flow is the one inch/hour storm for
stormwater conveyed directly from the drainage area. If a diffuse flow device receives flow
from an upslope BMP, then it should be designed based on the peak discharge from the BMP
during the water quality design storm depth.
Flows in excess of the discharge rate from either the drainage area or the BMP should not be
directed to the diffuse flow device. Instead, excess flows should be discharged through the
buffer provided that the flows are non-erosive for the 10-year storm. Please note that any new
stormwater bypasses from a level spreader through a protected riparian buffer require a buffer
authorization from the Division of Water Resources or the local buffer protection authority.
Please see the options listed in the table below.
Any questions regarding the use of these diffuse flow options can be directed to Annette Lucas
at [phone].

March 7,2014 Options for Meeting Diffuse Flow Provisions of the
Page 2 of 3 Stormwater and Riparian Buffer Protection Programs
Option Explanation
1 Design a Level Spreader-Vegetated Filter Strip (LS-VFS) in accordance with
Chapter 8 of the BMP Manual. Per the BMP Manual,the LS-VFS may be
designed to handle the one inch/hour storm intensity and larger storms may
be discharged non-erosively. Also per the BMP Manual, alternate designs
that create uniform shallow flow across a vegetated filter strip in an
i equivalent or better manner will be approved.
2 Provide a BMP that removes a minimum of 30% of TN removal outside of the
vegetated or riparian buffer to treat the design storm before it is discharged
_ through the buffer.
3 (For lower SHWT and soils with good infiltration rates) Design the vegetated•
conveyance to infiltrate the design storm.
4 (For high SHWT and/or soils with poor infiltration rates) Design the vegetated
conveyance as a wetland swale with an appropriately designed outlet system.
5 Swales that discharge less than 0.5 cfs during the design storm shall be
allowed to discharge through a stormwater buffer outside of SA waters
without any further requirements. This option is NOT currently allowed if the
buffer is protected by a state riparian buffer rule (Neuse, Tar-Pamlico, Jordan,
Randleman, Catawba, and Goose Creek).
Explanation
•
Diffuse flow is not defined in the 2H .1000 rules; however, the following explanation of diffuse
flow is provided in each of the Riparian Buffer Protection rules found in 15A NCAC 2B .0233
(Neuse River Basin), .0259 (Tar-Pamlico River Basin), .0243 (Catawba Mainstem), .0250
(Randleman Lake), .0605 (Goose Creek), .0267 (Jordan Lake).
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the
riparian buffer by dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be
converted to diffuse flow before the runoff enters the Zone 2 of the riparian
buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary
to impede the formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the uses and their designation under
this Rule as exempt, allowable, allowable with mitigation, or prohibited. The
requirements for each category are given in Item (7) of this Rule.

March 7,2014 Options for Meeting Diffuse Flow Provisions of the
Page 3 of 3 Stormwater and Riparian Buffer Protection Programs
Exempt i Allowable Allowable [Prohibi1ted
with
Mitigation
Drainage ditches, roadside ditches and stormwater
outfalls through riparian buffers:
• Existing drainage ditches, roadside ditches, and x
stormwater outfalls provided that they are
managed to minimize the sediment, nutrients
and other pollution that convey to waterbodies
■ New drainage ditches, roadside ditches and X
stormwater outfalls provided that a stormwater
management facility is installed to control
nitrogen and attenuate flow before the
conveyance discharges through the riparian
buffer �f
• New drainage ditches, roadside ditches and
stormwater outfalls that do not provide control
for nitrogen before discharging through the
riparian buffer X
■ Excavation of the streambed in order to bring it
to the same elevation as the invert of a ditch I
In the past, the state has interpreted the diffuse flow language in the buffer rules to mean that
designers have two primary options to provide diffuse flow:
▪ Provide a Level Spreader-Vegetated Filter Strip (LS-VFS) in accordance with Chapter 8 of
the BMP Manual. Per the BMP Manual, the LS-VFS may be designed to handle the one
inch/hour storm and larger storms may be discharged non-erosively. (Option 1 above)
• Provide a BMP that removes a minimum of 30% of TN removal outside of the vegetated
or riparian buffer to treat the design storm before it is discharged through the buffer.
(Option 2 above)
The above table provides three additional options. Options 3 and 4 are intended to provide
relatively low-cost approaches to providing treatment in the swale prior to discharge through a
buffer. Option 5 provides an exemption to the diffuse flow provision in the stormwater rules
for very low flows. As stated previously, the current wording in the riparian buffer rules does
not allow the Division of Water Resources to provide an exemption to the diffuse flow
requirements, even for low flows.