20230988 Ver 1_Minor Variance_20230711 (5)

Wcucr Resour<cs
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
E-FORM: VAR 10-2018
Submittal Application dated 7/11/2023
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.
1a. 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
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: Richard Girard
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:
1a. Name:* Richard J. Girard Jr. and wife Jennifer B. Girard
I

1 b. Title:
1c. Mailing Address:* Street Address
119 Chris Court
Address Line 2
1 d. Telephone:*
1e. Email Address:*
City
Garner
Postal / Zip Code
27529-9655
9197959894
[e-mail]
State / Province / Region
NC
Country
US
D. Project Information 8
........................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Project Name: * Girard Residence
(Subdivision, facility, or establishment name)
2. County(ies)*
Pamlico
3. Property Location:
3a. Property Address:
Street Address
253 Rice Ave
Address Line 2
City
State / Province / Region
Merritt
NC
Postal / Zip Code
Country
28556
US
3b. Latitude: 3c. Longitude:
35.160458-76.66651809999999
3d. Attach an 8'/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
NC_Vandemere_20220823_TM_geo. pdf 34.6 M B
PDF Only
* USGS Topo look up
3e. 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
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)
k051-53
4b. Date Property Purchased:
11 /29/2018
mm/dd/yyyy
4c.Type Book# Page#
of Book
Deed 643 290
[Map J[ IF-- ::1
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
253 Rice Avenue 2010 survey.pdf
PDF Only
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:
Hwy 55 to Florence rd. to Bell Point rd. to end of Rice Ave
5. Stream associated with riparian buffer to be impacted by the proposed activity:
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:
Replace razed mobile home with stick built home within previous built area
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Girard_PRELIM_v2(rev)[20637].pdf 2.83MB
PDF only
** Below is a link with instructions on what you will need to show on your site plan.

http://edocs.deq. nc.govMaterResou rces/0/doc/402224/Page 1.aspx
F. Proposed Impacts and
...Mitigation...Information .......................................................................................................................................................................................................................:..
.................................................................................................. ...... ......
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1a. Site# - Reason 1b. Buffer 1c. Stream Name 1d. Mitigation 1f. Zone 1 1g. Zone 2
Impact* Required?
house Permanent No 300.00 1,100.00
Map label (e.g. Road Crossing 1) (P) Square Feet Square Feet
Map label (e.g. Road Crossing 1) Permanent 0.00 0.00
(P) Square Feet Square Feet
1 h. Total Zone 1 Impacts: 300.00
1i. Total Zone 2 Impacts: 1,100.00
1j. Total Buffer Impacts: 1,400.00
1k. Comments:
Utilizing similar footprint of former dwelling while moving dwelling back to allow less square footage in zone 1 that was
previously used. Reduction of zone 1 use from previous home/deck is approximately 850 sq ft.
Zone 2 use is necessary due to existing septic, recreational easement and designated wetland areas on the property
Calculated Mitigation
11. Zone 1
Total Impact 11 Multiplier Required Mitigation
0.00
3
0.00
Square Feet
Square Feet
1 m. Zone 2
Total ImpactIF Multiplier Required Mitigation
0.00
1.50
0.00
Square Feet
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
2b. Provide a description of your mitigation plan.
vegetation

2c. 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. *
Click the upload button or drag and drop files here to attach document
Gi rard_PRE L I M_v2(rev)[20637]. pdf
PDF Only
2f. Comments:
TBD
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.).*
enhancement of existing vegetation
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 original location of the home was permitted in 1992-3 with a 20 'setback for the house and a deck was within 8-10
feet of the water
a septic system was also installed @ 50' setback and remains active today not allowing dwelling to be placed outside
of the zone 1 &2 buffers due to septic setbacks and no place to relocate the septic due to recreational easements and
wetland areas
We currently keep a 41' recreational vehicle in the same location as the original home and are planning a permanent
structure raised on pilings.
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). *
there is no other suitable buildable area on this property
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.*
previous permits allowed this area to be developed and rule changes are requiring a variance to replace dwelling on
same area
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 lot is a small odd shaped lot with a large waterfront footage and wetlands as well as recreational easement

5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread. *
size, shape, easements, wetlands, septic are all contributing factors
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 although the original dwelling area was being used for a recreational vehicle at the time as is currently
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:
d 1 have given true, accurate, and complete information on this form;
d 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 this form.
Print Name:* Richard J. Girard Jr
Signature*
Submission Date: Automatically filled in

Initial Review
Is the project accepted
Yes No
for review?*
Is the project located
Yes No Unknown
within a NC DCM Area of
Environmental Concern
(AEC)?*
Is this a public -funded
Yes No
transportation project?*
ID#*
20230988
Version *
1
Reviewing Office*
Washington Regional Office - [phone]
Select Reviewer*
Robert Tankard:robert.tankard
Has payment been
No Payment Needed
received?*
Fee Received
Need Fee- send electronic notification