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Home My WebLink About20140652 Ver 1_Minor Variance_20140624DWR Division of Water Resources 20 1 40 6 5 2 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 026.0233) Major Variance Minor Variance • Catawba River Basin (15A NCAC 02B.0243) • Randleman Lake Water Supply Watershed (15A NCAC 026.0250) Major Variance ❑ Minor Variance U Tar - Pamlico River Basin (15A NCAC 02B.0259) �1 Major Variance ❑ Minor Variance * Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267) ❑ Major Variance ❑ Minor Variance Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 02B.607) A. General Information 1. Applicant's Information(if other than the current property owner): Name: Title: Street Address: City, State & Zip: Telephone: Email: rh��_ 2. Property Owner /Signing Official (person legally responsible for the property and its compliance): Name: J U I 1 a. �,'1 !")t7M ti (,C%n_ Title: Street Address: T Ur,4, #61.C- _ I�Y.UiI�IL 1I CtAA- City, State & Zip: Telephone: 9M. r U1 - Email: �uI1,e_ , IJcvi 6 Air Nei FORM: VAR 10 -2013 /W6 3 Agent Information 3a Name Company Affiliation � 1`Y14 Dc (,+ Street Address City, State -& Zip `Telephone 1" l �� 941 E -mail 'rAiN . 6ujlff (1 611191 3b Attach a signed and dated copy of the Agent Authorization fetter if the Agent has signatory authority for the owner 4 Project Name (Subdivision, facility, or establishment name) 5 Project Location 5a Street Address City,`State & Zip 5b County 5c Site Coordinates (in decimal degrees) _7J. D�ID��D9 Latitude �J 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 Suevey Map depicting the project•site 6 Property Information- 6a Property identification number,(parcel IDP/)� Ut CPQ o) 6b Date property was purchased 6c Deed X bo 0008 and page number 6d Map book ®2 and page number —fog 6e Attach a copy of the recorded map that indicates when the lot was last platted 7 Is your °project in one of a 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ❑ YES fO 7a If you answered yes above, in which AEC do you fall (30,ft or 75 ft)? �� A 7b If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? 1119 FORM VAR' 10 -2013 Page 2 of 6 8 Directions to,site from nearest mayor intersection 11 9 Stream associated with riparian buffer tope impacted bythe, proposed activity Name Water Quality Classification U 1 S ran R� �v m 9a For Goose Creek only Is the buffer in the 100 -year floodplain7 ❑ YES NO 10 List any permits /approvals that have been requestedlor obtarned'for this project in the past (including all prior phases) Date Applied. Date Received Permit Type AM N A B. Proposed Activity 1 Project Description 1a Provide a detailed description of the proposed activity including its purpose 6&.V aov ,) mI k� -b om 011 L. GJ 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 not&on plans'that none exist 0 Location of forest vegetation along the streams, ponds,alakes, 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 Won the plan) FORM VAR 10 -2013 Page 3 of 6 0 Details of roads, parking areas, cul -de -sacs, sidewalks, and curb and gutter systems 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 Required Zone Number' — Reason for Impact Buffer Zone 1 Impact Zone 2 Impact Permanent (P) or (square feet) Mitigation (square feet) (square feet) Te orary (T) Zone 2 equired 1.5 131 - P ❑ T C Yes ❑ No N A [� e B2 =❑P -❑T ❑ Yes ❑No --> 838 P�� ❑ Yes ❑ No Total Buffer Impacts / `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. '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. 3a. Is buffer restoration or enhancement proposed? V/ es ❑ 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. 9 0.�Jpy {, 3b. Is payment into a buffer restoration fund proposed? ❑ Yes X0 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 4 of 6 Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 11 Al 19 3 (2 for Catawba only) Zone 2 0 c 1.5 Total Buffer Mitigation Required: C '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. 3a. Is buffer restoration or enhancement proposed? V/ es ❑ 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. 9 0.�Jpy {, 3b. Is payment into a buffer restoration fund proposed? ❑ Yes X0 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 4 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,zontrol of runoff from impervious surfaces, etc ) , 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 lc Attach an Operation and Maintenance (O &M) Form for each ,proposed level,spread'er 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 BNIPs 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,lustification 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 'FORM VAR 10 -201'3 Page 5 of 6 2 Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed strictions orother,hardships (e g zoning setbacks, floodplarns, etc) — P o -- , r_ - . A k ,n i 1- 0 _. 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 4 Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule 5 For Neuse, Tar - Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the.effective date of ,ie applicable Buffer Rule and then request a variance? 6 Explain how the hardship is rare or unique to the �P0 rAdc o F. Deed Restrictions icant's property, rather than the result of conditions that are widespread 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 �AJrv� -AS � (print or type name of person listed in Section A, Item 2), certify that the information 6luded 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 !�� ?M,3ry& f� o w Date N," q FORM VAR 10 -2013 Page 6,of 6 VICRM MAP Not To Scale, 0) O n 4 rn b O N m 0 0.4 - Ile� y� 30' ZONE 1 20' ZONE'2 RIPARIAN BUFFER RIPARIAN BUFFER, PRICIPOSED J LOCATION ,yf "'310 �•�� I - ,e'er. ,a I� V CONC o PIERS / iN1 �l 3' II 18,171 S.F. / L 0.41 Ac. / 21Y ZONE 2 RIPARIAN BUFFER 30' ZONE 1 RIPARIAN "BUFFER LAKE BOO FRAIL M VARUNCE NOTE, OWO 010407 VARIANCE INTO 20',NEUSE RIVER BUFFER AREA- LOT 3 1,510 SF ,i CURVE TABLE - BEARING ORB, RADIUS 'THIS DRAWING DOES NOT SIGNED -C21 NSY44'SWEI 111 DEAN M RHOADS, PLS (L -4679) LEGEND I-P PIN ,CA ECM SIP ,EXNSTING`IRON ,EXISTING CONCRETE MONUMENT SSET?IRON'PIN iL - -O D�E.SS/ i 'P 0 E ,PUBLIC DRAINAGE EASEMENT 4. �y S 0 E'. STORM DRAINAGE EASEMENT i P U E PUBUCaUTIUTY EASEMENT SEAL SSE (SANITARY SEWER, EASEMENT •. F,P E , Cl OSURE FLOOD PROTECTION, ELEVATION 'EXCFEDS 1 in E L -4679 t. INCH 10,000' -_ -- iSETBACK LINE ...0 _ PROPERTY LINE OINER PROPERTY'UNE iBY DEED OR, PIAT FEN OI R 30' ZONE 1 20' ZONE'2 RIPARIAN BUFFER RIPARIAN BUFFER, PRICIPOSED J LOCATION ,yf "'310 �•�� I - ,e'er. ,a I� V CONC o PIERS / iN1 �l 3' II 18,171 S.F. / L 0.41 Ac. / 21Y ZONE 2 RIPARIAN BUFFER 30' ZONE 1 RIPARIAN "BUFFER LAKE BOO FRAIL M VARUNCE NOTE, OWO 010407 VARIANCE INTO 20',NEUSE RIVER BUFFER AREA- LOT 3 1,510 SF CURVE TABLE - BEARING ORB, RADIUS 'THIS DRAWING DOES NOT -C21 NSY44'SWEI 111 REFLECT AS —BUILT INFORMATION, �THIS,VROPERTY ^MAY BE SUBJECT TO ANY AND ALL APPLICABLE DEED RESTRICTIONS. EASDIENTS, RIGHT —OF- WAY, „UTIIITIES AND PRELA&4A” PIAAT RESTRICTIVE COVENANTS WHICH MAY BE`OF'RECORD ORS` MIPUED ,i-w mt,Fammmix OONVLNAN= mt,sem 40 HOIM 1(110N P r PUN mommmimmmi I• = 40• FOR #702 LAKE OONETRAIL � � LOT 3 SULGRAVE MANOR SUBDIVISION_ Saint Matthews Township, Woke County, North Carolina LAND SWIM P1W. PROPERTY OF JOEL -& JULIE NEW - 1500 Piney Plains Road, Suite 102 MAP BOOK. 200 PAGE. 709 DEED REFERENCE Cary, North Carolina 27518 977 -1554 Prone firm License erase ,p P —Oa7a DRAWN BY. ARP DAIS. APRIL 25, 2014