20231272 Ver 1_Minor Variance_20230917 (8)

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1 b. Title:
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 9/17/2023
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: *
Primary Contact:
Primary Contact Email
Owner
Applicant other than Owner
Agent
Check all that apply.
Carolyn Lamascus
This is for who should be notified if a payment is required.
[e-mail]
1. Property Owner:
1a. Name:* Brian & Carolyn Lamascus
I

1 c. Mailing Address:* Street Address
104 Fairfax Court
Address Line 2
City
State / Province / Region
Mooresville
NC
Postal / Zip Code
Country
28117
US
1 d. Telephone: * [phone]
1e. Email Address:* [e-mail]
3. Agent Information:
3a. Name:* Michael Burkhard
3b. Company Affiliation: * Burkhard Environmental Consulting
3c. Mailing Address: * Street Address
21326 Bethel Church Rd
Address Line 2
City State / Province / Region
Cornelius NC
Postal / Zip Code Country
28031 United States
3d. Telephone: * (704)-397-6556
3e. Email Address: * [e-mail]
3f. Attach an agent authorization form.*
Click the upload button or drag and drop files here to attach document
Signed Agent Authorization. pdf 287.93KB
PDF Only
......... .................
D. Project Information
1. Project Name: * Lamascus Minor Buffer Variance
(Subdivision, facility, or establishment name)
........
2. County(ies)*
Iredell
3. Property Location:

3a. Property Address:
Street Address
104 Fairfax Court
Address Line 2
City
Mooresville
Postal / Zip Code
28117
3b. Latitude:
35.5014658
State / Province / Region
NC
Country
US
3c. Longitude:
-80.9397299
3d. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the
s ite.
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USGS Topo Enlarged.pdf 246.07KB
PDF Only
* USGS Topo look up
3e. Attach an 8'/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting
the project site.
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Soil Survey.pdf
PDF only
330.42KB
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)
4624237014.000
4b. Date Property Purchased:
09/11 /2020
mm/dd/yyyy
4C.Type Book# Page#
of Book
E]L33 1671
Map 166
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
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Recorded Plat.pdf 639.88KB
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
Lake Norman WS IV -CA
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date ReceivedIF Permit Type
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose: *
We are requesting an Authorization Certificate with Minor Exception that pertains to allowable with exception activities
that are proposed to impact equal to or less than one-third of an acre of Minor Buffer Variance because the home
builder, Schumacher homes surveyor located the 760-Contour and buffer lines incorrectly which resulted in a portion
(177.69 sq/ft) of their home to be built within Zone 2 of the Catawba River Buffer.
(c) AUTHORIZATION CERTIFICATE WITH EXCEPTION
15A NCAC 02B .0611 MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS: AUTHORIZATION
CERTIFICATES
(2) MINOR EXCEPTIONS. An Authorization Certificate with Minor Exception request pertains to allowable with
exception activities that are proposed to impact equal to or less than one-third of an acre of riparian buffer.
2. Attach a site plan as applicable to the project:
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Survey with Buffer Impacts.pdf 640.89KB
PDF only
** 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/Pagel.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?
Map label (e.g. Road Crossing 1) Permanent 0.00 177.69
(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: 177.69
1j. Total Buffer Impacts: 177.69
1k. Comments:
Contractors' surveyor didn't properly locate the 760 contour prior to field staking the footing and foundation thus Zone 1
and Zone 2 buffers were incorrect, and 177.69 square feet of the house was built in Zone 2.
Calculated Mitigation
11. Zone 1 -Catawba Only
Total Impact Multiplier Required Mitigation
0.00
2
0.00
Square Feet
Square Feet
1m. Zone 2
Total Impact 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.
Mitigation not required.
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
Lamascus Storm Water.pdf 299.67KB
PDF Only
2f. Comments:
No mitigation is required:
(c) AUTHORIZATION CERTIFICATE WITH EXCEPTION
15A NCAC 02B .0611 MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS: AUTHORIZATION
CERTIFICATES
(2) MINOR EXCEPTIONS. An Authorization Certificate with Minor Exception request pertains to allowable with
exception activities that are proposed to impact equal to or less than one-third of an acre of riparian buffer.
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.).*
Roof drains are connected to yard inlets and discharged in a non -erosive manner. The storm water around the new
home is handled by sheet flow through their backyard.
2. Show the location of diffuse flow measure(s) on your site plan.
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Lamascus Storm Water.pdf 299.67KB
PDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each
proposed measure.
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PDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
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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.
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PDF only
5c. Attach a Supplement Form for each structural BMP proposed.
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PDF only
5d. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
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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. "
By no mistake of their own, the Lamascus's home builder, Schumacher Homes, built a portion (177.69sq/ft) of their
new home within Zone 2 of the Catawba River Buffer.
—Without an AUTHORIZATION CERTIFICATE WITH EXCEPTION
(15A NCAC 02B .0611 MANAGING ACTIVITIES WITHIN RIPARIAN BUFFERS: AUTHORIZATION
CERTIFICATES) the portion of their home within Zone 2 of the buffer will need to be demolished. The portion of the
home in the buffer includes a portion of their master bedroom and enclosed deck.

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 Lamascus's purchased this property with full intentions to be good stewards of the land and respect all rules and
regulations to protect Lake Norman. The 760-contour line and the 30-foot and 50-foot buffers were not surveyed
correctly. when staking the footings and foundation of their new home. Due to the error of the surveyor, which was
hired by Schumacher Homes, the Lamascus's are now burdened with the addressing and correcting their
noncompliance with the Catawba River Buffer Rules.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule. *
The hardship was caused by the surveyor, not the Lamascus's property owners.
September 2, 2021, the Lamascus's commissioned Schumacher Homes to build their forever -home. After the design
plans were completed, construction began, the contractor's surveyor incorrectly field located the 760-contour line and
the areas of the property associated with Zone 1 and Zone 2 of the Catawba River Buffer resulted in 177.69 sq/ft of
their home to be built within Zone 2 of the buffer.
The Lamascus's were living in California during the construction process and relied on their home builder to ensure the
home was positioned correctly on their lot. They were unaware of the surveyor's mistake until it was brought to their
attention by a neighbor's complaint regarding tree removal in the buffer.
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.*
This property is considered a lake view lot (seasonally) and has no lake frontage, but the 760-contour line extend
almost 180 feet from the lake shoreline up into their property. While this situation is unique, it's not uncommon to
encounter this same situation on residential properties on and around Lake Norman
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread. *
While surveyors make mistakes, this particular hardship is considered unique as it doesn't happen often.
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:
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: * Michael W Burkhard

Signature*
Michael w .3arkkYcJ
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#*
20231272
Version *
1
Reviewing Office*
Mooresville Regional Office - [phone]
Select Reviewer*
Andrew Pitner:andrew.pitner
Has payment been
No Payment Needed
received?*
Fee Received
Need Fee- send electronic notification