20220656 V1_Local Program Email

From:
Sullivan, Shelton
To:
Brian Kochan
Cc:
Cohn, Colleen M; charles.pender(ajohnstonnc.com; Jessica Batten; Wojoski, Paul A
Subject:
RE: Kochan Buffer Variance Application
Date:
Friday, May 13, 2022 6:45:00 PM
Attachments:
imaae001.ona
image002.pnno
imaae007.ona
Few Pics.odf
The attachment was too large. Here are a few of the photographs taken on 5/9/22.
Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
shelton.sullivanna ncdenr.aov
[phone] current cell
[phone] office
[phone] fax
Location: 512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sullivan, Shelton
Sent: Friday, May 13, 2022 6:28 PM
To: Brian Kochan <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; [e-mail]; Jessica Batten
<jessica.batten @johnstonnc.com>; Wojoski, Paul A <[e-mail]>
Subject: RE: Kochan Buffer Variance Application
Here are the photographs from my site visit on 5/9/22 as discussed.
Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality

she lton.suIIivanancdenr.aov
[phone] current cell
[phone] office
[phone] fax
Location: 512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sullivan, Shelton
Sent: Friday, May 13, 2022 5:35 PM
To: Brian Kochan <[e-mail]>
Cc: Cohn, Colleen M <colleen.cohn(@ncdenr.gov>; charles.penderCo)iohnstonnc.com; Jessica Batten
<iessica.batten(@Johnston nc.com>; Wojoski, Paul A <[e-mail]>
Subject: RE: Kochan Buffer Variance Application
Importance: High
Mr. Kochan,
During my initial inspection on 5/9/22, 1 was thinking that your property may be within Clayton's
jurisdiction which would have also meant within the NC Division of Water Resources' jurisdiction for
the implementation of the Riparian Buffer Rules. After further investigation, your property is within
Johnston County's jurisdiction, therefore, the Johnston County Buffer Ordinance applies. Any buffer
request for approval or variance should be sent to their attention.
For reference, the Johnston County Riparian buffer protection ordinance can be found at:
https://www.wohnstonnc.com/ut2/content.cfm?page_desc=riparian and is listed as "JC Buffer
Ordinance" and links to "Sec. 14-393. - Riparian buffer protection (for lands within the Neuse River
Basin)". Subsection (h)(2) lists the requirements for possible variances. Subsection (h)(2)ii. lists the
requirements for a Minor Variance, which are activities that only impact Zone 2 of the riparian
buffer.
The Division is in receipt of your Buffer Variance Application dated 5/10/2022, however, the Division
does not have the authority to review and issue a decision on this application as noted above and
the application is currently on hold.
Regards,

Shelton Sullivan
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
shelton.sullivanancdenr.aov
[phone] current cell
[phone] office
[phone] fax
Location: 512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
D,E Q
6•prarrM'n! Frmawr�Erkdrrr��
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brian Kochan <[e-mail]>
Sent: Friday, May 13, 2022 2:48 PM
To: Sullivan, Shelton <shelton.sullivan(@ncdenr.gov>
Cc: Cohn, Colleen M <colleen.cohn(@ncdenr.gov>; [e-mail]
Subject: RE: [External] RE: EXTERNAL: Buffer Authorization
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Shelton,
Hope all is well. I was checking if you can give me a call. I had a few questions since I cannot close
on my house without some information.
1. 1 filed the application this week. Did you have any questions on filing? Did you modify the sq
footage since I was not able to modify once submitted.
2. Which department will handle the exception. I was hoping the state since the County has not
adopted the newer exception policy.
3. When you were here it appeared we could move rapidly since the impact is low and removal
of patio may cause worst disturbance. Do you think we can resolve early next week?
I learned today you have been getting calls from Buyer Charles Fuller. My Realtor spoke to Buyers
agent and all communication should go through me since I am owner and responsible for the
exception. Please deal with me directly since it is my responsibility.

Can you please give me a call. Thanks!!
Brian
Rockwell
Automation
expanding human possibility'"
Brian Kochan
Regional Sales Director
M 1-919-757-2440
C0Im©
From: Sullivan, Shelton <shelton.sullivan(@ncdenr.gov>
Sent: Wednesday, May 11, 2022 10:17 AM
To: Brian Kochan <bskochan(@ra.rockwell.com>
Cc: Cohn, Colleen M <colleen.cohn(@ncdenr.gov>; charles.pender(@johnstonnc.com
Subject: Re: [External] RE: EXTERNAL: Buffer Authorization
No it's fine. You can submit additional info. Let us review to see what else may be needed. Thanks
Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
NC Division of Water Resources - NCDEQ
[phone] Office
[phone] Current Mobile & DWR ER Phone #2
shelton.sullivan(@ncdenr.gov
From: Brian Kochan <bskochan(@ra.rockwell.com>
Sent: Wednesday, May 11, 2022 10:14:07 AM
To: Sullivan, Shelton <shelton.sullivan(@ncdenr.gov>
Cc: Cohn, Colleen M <colleen.cohn(@ncdenr.gov>; charles.pender(@ohnstonnc.com
<charles.pender(@johnstonnc.com>
Subject: RE: [External] RE: EXTERNAL: Buffer Authorization
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Shelton,

Form said not editable since it has been submitted.
Can you modify or attach this email requesting to change to 240 sq ft?
I received a letter from Buyer real estate that I am in default of schedule. Do you think it is possible
that I could get approval by this Thursday by 9:00 AM deadline? Is there anything else I can do that
would help?
Sorry for rush but between a rock and hard place.
Brian
Rockwell
Automation
expanding human possibility "
Brian Kochan
Regional Sales Director
M 1-919-757-2440
91®®©
From: Sullivan, Shelton <shelton.sullivan(@ncdenr.gov>
Sent: Wednesday, May 11, 2022 7:24 AM
To: Brian Kochan <bskochan(@ra.rockwell.com>
Cc: Cohn, Colleen M <colleen.cohnPncdenr.gov>; [e-mail]
Subject: Re: [External] RE: EXTERNAL: Buffer Authorization
Brian
I suggest using 240 sq ft. Approximately 10 x 24 ft. Not 300. Sorry about that.
Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
INC Division of Water Resources - NCDEQ
[phone] Office
[phone] Current Mobile & DWR ER Phone #2
shelton.sullivan(@ncdenr.gov
From: Sullivan, Shelton

Sent: Tuesday, May 10, 2022 4:02:28 PM
To: Brian Kochan <[e-mail]>
Cc: Cohn, Colleen M <colleen.cohn(@ncdenr.gov>; charles.pender(@Oohnstonnc.com
<charles.pender(@ohnstonnc.com>
Subject: RE: [External] RE: EXTERNAL: Buffer Authorization
I suggest applying for a Minor Variance. We will process as an "Authorization with Exception".
See my comments below
Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
[e-mail]
[phone] current cell
[phone] office
[phone] fax
Location: 512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brian Kochan <bskochan(@ra.rockwell.com>
Sent: Tuesday, May 10, 2022 1:00 PM
To: Sullivan, Shelton <shelton.sullivan(@ncdenr.gov>
Cc: Cohn, Colleen M <[e-mail]>; [e-mail]
Subject: [External] RE: EXTERNAL: Buffer Authorization
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Shelton,
Thank you very much for coming out yesterday to look at my patio on such short notice. I really
appreciate you supporting my effort in doing the right thing for the environment.

I was starting to fill out the exception/variance/etc. form and had a few questions on what process
to follow. I have outlined current state and have a few questions to try to expedite since I was
supposed to close this Friday.
The current state is the following:
• Patio built — 10-12 years ago and no erosion from patio.
• When I built I called HOA, Flowers HOA, and County. They stated I did not need a permit
because I did not have a foundation. I was not aware of riparian buffer regulations of course
when I built
• No current erosion around or downslope of the patio.
• Existing trees and shrubs, stable area
• No encroachment in Zone 1
• Patio encroachment on in Zone 2 only, approximately 300 sq. ft. and approximately half of the
patio.
• Patio built with pavers. No evidence of concentrated storm flow from the patio surface
• Very stable ground
• Between the house and patio, not in the buffer, added — 20' of grass leading to patio to help
with existing erosion and gully post construction. Grass strip across the total lot width — 100'
or more paralleling the stream
• Planted many shrubs and ground cover to reduce water runoff
• It would cause more erosion /sedimentation to stream and buffer if I put back into original
state since we had significant slope before I added patio, shrubs, and grass.
Do you recommend I fill out a minor variance or exception? Maybe my terminology is incorrect.
1. What would be impact fees? Is that another option from doing a variance? It looks like the
form does not work.
2. Since the area is very stable and no erosion
3. Propose to plant woody vegetation, shrubs, downslope of the patio to ensure long term
stability. Propose 10 shrubs 3' apart behind patio?
4. To me I have improved the situation environmentally on adding all of the grass and shrubs.
(note most of these were planted outside if the buffer and some within zone 2)
Can you please give me a call to discuss.
Thanks again for your help and support.
Brian Kochan
919-757-2440

Buffer Authorization & Variance Applications
Please use the following for projects seeking approval for activities within protected riparian
buffers that do not impact surface waters (streams, wetlands or open waters). For those
projects that do have impacts to surface waters (streams. wetlands or open waters), please use
the PCN form Er or submit your information via the Electronic PCN Form ri.
Electronic Buffer Authorization Application Form d'
Electronic Buffer Authorization Application Help Document Er
Buffer Authorization Application Form (Word doc)
Buffer Authorization Application Help Document (.pdf)
If your project is within the jurisdiction of a local delegated or designated authority, please
contact that local authority for minor and major variance procedures. For a list of local
designated or delegated authorities, click here_ To request a minor variance for projects under
DWR jurisdiction, you must submit a complete variance application package to the
Central Office (1617 MSC, Raleigh, INC 27699-1617). Minor variances are reviewed and
processed by the Division. Click here for staff contacts. To request that your proposed major
variance (far projects under DWR jurisdiction) be presented at the next Water Quality
Committee (WQC) meeting, you must submit a complete variance application package to the
Central Office (1617 MSC, Raleigh, INC 27699-1617) at least 90 days prior to the WQC meeting
date. To view the WQC meeting dates, click here. Please note that we cannot guarantee the
proposed major variance will be presented at the next WQC meeting. Use the following forms
for requesting a variance.
Electronic MajorlMinor Variance Application Form 19
Electronic MajorlMinor Variance Application Help Document IS
Major/Minor Variance Application Form (for all Basins/Watersheds) (Word doc)
Major/Minor Variance Help Document (for all Basins/Watersheds) (.pdf)
Rockwell
Automation
expanding human possibility
Brian Kochan
Regional Sales Director
M 1-919-757-2440
91®®©
From: Sullivan, Shelton <shelton.sullivan(@ncdenr.gov>
Sent: Monday, May 9, 2022 3:06 PM
To: Brian Kochan<bskochan(@rockwellautomation.com>
Cc: Cohn, Colleen M <colleen.cohn(@ncdenr.gov>
Subject: EXTERNAL: Buffer Authorization
[Use caution with links & attachments]

1. See the attached brochure
2. See the Authorization Criteria and then Exception Criteria
(c) AUTHORIZATION CERTIFICATES WITH EXCEPTION. Persons who wish to undertake uses designated in
the applicable riparian buffer protection rule of this Section as allowable with exception shall submit an application
requesting an Authorization Certificate with Exception. The Authorization Certificate with Exception review
procedure shall be as follows:
(1) All of the following conditions must be met in order to qualify for an Authorization Certificate with Exception:
(A) There are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer
protection requirements.
(B) If the applicant complies with the provisions of this Rule, he or she can secure no reasonable return from, nor
make reasonable use of, his or her property. Merely proving that the Authorization Certificate with Exception would
allow a greater profit from the property shall not be considered adequate justification for an Authorization
Certificate with Exception. Moreover, the Authority shall consider whether the Authorization Certificate with
Exception is the minimum possible deviation from the terms of this Rule that shall make reasonable use of the
property possible;
(C) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography;
(D) The applicant did not cause the hardship;
(E) The requested Authorization Certificate with Exception is consistent with the general spirit, purpose, and intent
of the State's riparian buffer protection requirements, will protect water quality, will secure public safety and
welfare, and will preserve substantial justice.
(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.
(A) Authorization Certificate with Minor Exception requests shall be reviewed based on the criteria in Paragraph (b)
and Subparagraph (c)(1) of this Rule.
(B) Within 60 calendar days of receipt of a complete application package that addresses Subparagraphs (b)(1), (b)
(2), and (c)(1) of this Rule, the Authority shall issue an Authorization Certificate with Minor Exception if the Authority
determines that the criteria in Subparagraph (b)(2) and (c)(1) of this Rule have been met and the applicant satisfies
other applicable requirements as described in Paragraph (b) and Subparagraph (c)(1) of this Rule. If the Authority
determines that all of the requirements in Subparagraphs (b)(2) and (c)(1) of this Rule have not been met, the
Authority shall issue a final decision denying the Authorization Certificate with Minor Exception.
https://deq. nc.gov/a bout/divisions/water-resources/water-q ua I ity_perm itti ng/401-buffer-
permitting/riparian-buffer-protection-program
httl2s://deq. nc.gov/a bout/divisions/water-resources/water-q ua I ity_perm itti ng/401-buffer-
permitting/riparian-buffer-protection-program/riparian-buffer-rules-education-and-outreach

Regards,
Shelton Sullivan
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
shelton.sullivan(@ncdenr.aov
[phone] current cell
[phone] office
[phone] fax
Location: 512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
US Mail: 1617 Mail Service Center, Raleigh, NC 27699-1617
DAO&E
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.