20230485 Ver 1_Buffer Variance Application 2_20230802

Buffer Variance Application -
.0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2018
General Project Information
f o-ENTAL QUALITY
water Resources
MBLW M
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?* O Yes
OQ No
B. Please Identify Which Riparian Area Protection Rule Applies:
........................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Type of Variance: O Major Variance
OQ Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https:Hdeq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review-statutes-rules-guides
O Neuse River Basin (15A NCAC 02B.0233)
OQ Catawba River Basin (15A NCAC 02B.0243)
O Randleman Lake Watershed (15A NCAC 02B.0250)
O Tar -Pamlico River Basin (15A NCAC 02B.0259)
O Jordan Lake Watershed (15A NCAC 02B.0267)

Applicant/Owner Information
C. Applicant/Owner Information
Who is submitting the application:* 0 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: Shana de Oliveira
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:
1a. Name:* shana de Oliveira
1 b. Title:
1c. Mailing Address:* Street Address
11720 Downy Birch Road
Address Line 2
City
State / Province / Region
Charlotte
NC
Postal / Zip Code
Country
28227-3668
us
1d. Telephone:* 9196312000
1 e. Email Address:* [e-mail]

Project Information
D. Project Information
1. Project Name:* Reflection Pointe - 6024 Headlands Ct
(Subdivision, facility, or establishment name)
2. County(ies)*
Gaston
_.._3. Property
..Location:
............................................................................................................................................................................................................................................................................................................................................................1_^.1.......
3a. Property Address:*
Street Address
6024 Headlands Court
Address Line 2
City
State / Province / Region
Belmont
NC
Postal / Zip Code
Country
28012-6746
us
3b. Latitude: 3c. Longitude:
35.155597-81.026667
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
6024 HEADLANDS CT SURVEY 1.pdf 342.4KB
6024 HEADLANDS CT SITE PLAN 3.pdf 407.25KB
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
Soil Map Description.pdf 93.46KB
Soil Map.pdf 182.52KB
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: L ^
4a. Parcel Identification Number (PIN)
203977
4b. Date Property Purchased:
10/13/2020
mrrddlyyyy

4c.Type Book# Page#
of Book
Deed 15163
1834
Map 06' 087
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
Print Map and Report.pdf 678.53KB
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
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Catawba River Unsure
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
N/A

Proposed Activity
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
I have attached a site map of our shoreline. We bought the land almost 2 years back and are working on our plans for
our new house now. We would like to extend the back terrace across the back of the house, but because of this one
point on the shoreline that juts into the property, it has created a tricky 50 ft set back. Even when the lake levels have
been high, we have not seen any water in that area.
For our project, we would like to extend out terrace only. It would mean 1 beam over the 50ft buffer.
We have been able to fit everything else into the buildable area, but would really love the option of having a wider
terrace. Without the "v" shape in the shoreline, this would be well within the 50ft buffer.
We would be willing to level out the land around the shoreline if that is helpful or any other mitigation that is requested.
Looking for guidance on how to move forward. Thanks in advance.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
6024 HEADLANDS CT SITE PLAN 3.pdf 407.25KB
site march.pdf 291.37KB
PDF only
— Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq. nc. govNVate rResou rces/0/doc/402224/Page 1. aspx

Proposed Impacts and Mitigation Information
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1h. Total Zone 1 Impacts: 90.00
1i. Total Zone 2 Impacts: 0.00
1j. Total Buffer Impacts: 90.00
1 k. Comments:
Approximately 90 square feet of overlap.
Calculated Mitigation
11. Zone 1 -Catawba Only
Total ImpactIF
Multiplier
Required Mitigation
0.00
Square Feet
2
0.00
Square Feet
1m. Zone 2
Total Impact Multiplier Required Mitigation
0.00
1.50
0.00
Square Feet
Square Feet
n
2. Mitigation Information
............................................................... .................................................................................................................................................................................................................................................................................................................................................1_^.1.......
2a. What is the mitigation plan proposed for this project?*
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
P2 Permittee responsible mitigation
2b. Provide a description of your mitigation plan.
Willing to mitigate if needed.
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
Adjusted Plans.pdf
PDF Only

2f. Comments:
N/A

Stormwater Information
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.).*
If the redrawing of the shoreline is agreed upon, we are well within the 50 ft buffer. We would use gutters to control run
off otherwise.
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
5. For Major, Catawba, and Goose Creek variance requests
5a. 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.*
5b. Show the location of BMPs on your site plan.
Click the upload button or drag and drop files here to attach document
PDF only
5c. Attach a Supplement Form for each structural BMP proposed.
Click the upload button or drag and drop files here to attach document
PDF only
5d. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
Click the upload button or drag and drop files here to attach document
PDF only

Demonstration of Need
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.*
We are currently having to work within the buffer zone. If permitted to cross the buffer we could square off our terrace
and reduce our costs to build. Because of the unique shape of the shoreline this has been an issue throughout the
design.
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).*
N/A
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.*
N/A
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. *
No other shoreline has a dramatic dip in it like the other properties on our street. We have been on the property many
times when water is high and low and there hasn't been water on that part of the property.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread.*
N/A

Sign and Submit
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.
* C By checking the box and signing the box below I certify that:
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 this form.
Print Name:* Shana de Oliveira
Signature*
Submission Date: Automatically filled in