20231692 Ver 1_Minor Variance_20231211 (9)

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 12/11/2023
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: Paul Carpenter
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:
1a. Name:* Paul & Angela Carpenter
I

1 b. Title:
1c. Mailing Address:* Street Address
4536 Paradise Cove
Address Line 2
City
Sherrills Ford
Postal / Zip Code
28673
1 d. Telephone:* 7045751080
1e. Email Address:* [e-mail]
State / Province / Region
North Carolina
Country
United States
D. Project Information Q
........................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Project Name: * Carpenter Landscaping Project
(Subdivision, facility, or establishment name)
2. County(ies)*
Catawba
3. Property Location:
3a. Property Address:
Street Address
4536 Paradise Cove
Address Line 2
City
State / Province / Region
Sherrills Ford
NC
Postal / Zip Code
Country
28673
United States
3b. Latitude: 3c. Longitude:
35.569053-81.023654
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 —Denver 20190726_TM_geo (Topo Map).pdf 111.9MB
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.
Click the upload button or drag and drop files here to attach document
Soils Map 4536 Paradise Cove.pdf 252.72KB
Paul Carpenter Soil_Map.pdf 877.27KB
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)
369608881178
4b. Date Property Purchased:
07/16/2020
mm/dd/yyyy
4c.Type Book# Page#
of Book IF
Deed L84o
:IF 42-0144
[Map
II II38 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
McCorkle Landing Plat Map.pdf 476.5KB
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 Basin (15A NCAC 02B.0243) Lake Norman WS-IV
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: *
We are building a Private residential patio with fireplace with stabilized landscaping. The project location was
determined on site by the septic repair area. We have 90 sq feet of the project impeding into the Buffer area. This
project's purpose is to provide a more useable space within the boundaries of our property. This will also make for
safer access to the dock area as well do to the sloping back yard area.

2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach document
Buffer Markup Landscape Hardscape Plan - 6.21.23NH.pdf 1.08MB
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:
la. Site# - Reason
1b. Buffer
Impact *
1c. Stream Name
1d. Mitigation
Required?
1f. Zone 1
1g. Zone 2
Backyard Patio/Fireplace
Permanent
Catawba River
95.00
0.00
Map label (e.g. Road Crossing 1)
(P)
Basin (Lake
Square Feet
Square Feet
Norman)
Map label (e.g. Road Crossing 1)
Temporary
0.00
0.00
(T)
Square Feet
Square Feet
1 h. Total Zone 1 Impacts: 95.00
1 i. Total Zone 2 Impacts: 0.00
1j. Total Buffer Impacts: 95.00
1 k. Comments:
In April of 2023 we moved into this home of recently deceased mother, Katherine Parks. Angela is an only child so we
were the new owners of this home. We contracted Bushwackers Landscaping Inc to build the backyard patio/fireplace
project to give us a more useable space in the backyard between the house and the water. We were never advised
about buffer restrictions and the contractor may have overlooked or not known this themselves until we were contacted
by NC of DEQ. We immediately stopped construction and had the lot surveyed, per instructions of our DEQ
representative. It is determined that 90 sq feet of the project is within the Zone 1 buffer area. Based on the time of the
lot Plat, we are okay to construct in the Zone 2 area. This patio/fireplace is roughly 75% complete and most likely
cause more damage if deconstructed at this point.
As a new homeowner on the lake, we did not realize the buffer restrictions. This may not be a good excuse for violating
the buffer restrictions, but that is why we contracted out the work.
Calculated Mitigation
11. Zone 1 - Catawba Only
Total Impact
Multiplier
Required Mitigation
95.00
Square Feet
2
190.00
Square Feet
1 m. Zone 2
Total Impact Multiplier 11 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
2d. Attach statement of availability from mitigation provider.*
Mitigation Buffer Credits 11-16-23.pdf 168.56KB
2f. Comments:
I was notified by the local Mitigation Bank of these available credits. We are willing to purchase these credits.
Availability of Riparian Buffer Credits for the "4536 Paradise Cove" project
Permittee: Paul Carpenter
Riparian Buffer Credits Needed: 96 sq. ft.
Riparian Buffer Credits Available: 311,954 sq. ft.
Catawba River Basin (03050101)
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.).*
Our intent is to stabilize the shoreline area(s) with a combination of native plants, grasses & trees as well as drainage
stone, boulders & mulch.
Paying special attention to stormwater run-off is another priority. Which is the main reason we have proposed a native
grass "buffer" along the entire length of your shoreline.
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
Revised Landscape Plan Dec 1st (Mark-up).pdf
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
Revised Landscape Plan Dec 1st (Mark-up).pdf 1.66MB
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.*
Stabilize the shoreline/buffer area(s) with a combination of native plants, grasses & trees as well as drainage stone,
boulders & mulch. The intent is to provide a natural area that does not require moving and will be stabilized by
maintaining the mulched areas along with the Stone Swells. All stormwater will be directed to the stone swell to then
disperse in the natural native grasses.
There is no actual stormwater factors for the 90 square of our patio that is encroaching on the buffer zone. Hopefully
our plan will be sufficient for any explanation.
Thank you
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
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 allowing a Buffer Variance, it would allow the construction of a patio that allows us as homeowners to utilize our
backyard space and enjoy living on the lake. It will beautify our property and the neighboring properties as this was the
last lot to be developed in our neighborhood. The backyard space between the home and the lake was virtually
unusable in its prior state. This variance would allow also for easier maintenance and reduce erosion issues from its
prior state. The project will allow for SAFER access to the dock due to the existing grade prior to project start. We had
no other place to construct the patio space because of the septic repair area located in the backyard.
As a result of the 95 sq feet of our project impeding into the Buffer Zone, we decided to cancel the other portion of the
project out of respect for the Buffer area.
We are new homeowners on the lake and were not aware of the rules pertaining to the Buffer areas and were not
brought up to speed by our contractor. They too are obviously aware now.
The neighbors were all for this project being constructed.
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
There are no other restrictions applicable. Again, we hired a reputable contractor to perform the work and we were not
aware of the potential violations we could be facing.

3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.*
We are new homeowners on the lake and were not aware of Buffer Zones for constructed projects or disturbance. We
hired a very reputable contractor to design this project and perform the work. We thought they would have notified us if
there might be an issue with constructing the project as designed.
We absolutely unknowingly violated the buffer 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 neighboring properties have homes constructed more than 25 years ago. These properties have useable and well -
maintained backyards leading down to the lake. Our property was rough and grown up with scrub brush and posed
hazardous conditions to access the dock area at the lake. This project will blend in more with the neighboring
properties once completed if a variance is granted.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
widespread.*
The Contractor did not accurately locate the buffer zones and we were not aware of any potential violations. We have
invested a lot of money to beautify and make our backyard more useable and safer. We put our trust in the contractor
to check all proper protocol.
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 I have given true, accurate, and complete information on this form;
• 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)
• 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');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit this form.
Print Name:* Paul Carpenter
Signature* GA
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#*
20231692
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