20151195 Ver 1_Riparian Buffer Authorization_20151113

Department of Environmental and Natural Resources
Division of Water Resoures
Att.: Sheri Montalbo
1617 Mail Service
Raleigh, N.C. 27699
Re.: Variance Application
Via.: USPS # 7014 - 2870 -0000- 2614 -1371
Dear Ms. Montablo:
October 30th, 2015
Please find accompanying this letter, our application for a variance on the Riparian Area Rules
for the Catawba River Basin buffer. My husband, and I own the property located at 208 South
Harbor Watch Drive, Statesboro, NC. 28677.
My husband, and I are both disabled and handicapped. As a result, we are unable to travel
between our house and dock. Since we acquired the property, my husband has been able to visit
the dock only once, and with very great difficulty in which he was almost unable to make it back
to the house. I have never been able to travel from our house to our dock.
The reason that we are submitting this Variance Application is that we would like to install an
incline tram system that will allow us to safely travel between our house and our dock. The
incline tram system is a state of the art system manufactured by Lake Shore Tram, Inc.
www.lakeshoretrarn.com Lake Shore Tram has a 20 plus year track record of building these
incline trams, and has a very impressive safety track record.
We are in need of a variance for the final few feet of the system. This will allow the tram to
terminate at our dock, and provide us with a smooth and level walkway to our dock ramp. Both
my husband, and I have a great amount of difficulty in walking. My husband has tremendous
difficulty with inclines and stairs, and as a result requires an elevator within our home in order to
travel between floors. I, myself have a great difficulty with uneven surfaces. We do not believe
that we can safely traverse stairs at the end of the tram, and that with a level walkway to our
dock is crucial for ability to access it. Without this incline tram system, we are not able to travel
between our house and our dock, and thus we are unable to fully utilize and enjoy our property.
The granting of the Variance for the final few necessary for us to have a level walkway to our
dock would allow for us to travel in safety and comfort between our house and our dock.
Erik Nelson from Lake Shore Tram has been assisting us with this process. We would very
much appreciate your working with Mr. Nelson concerning any issues related to this application.
Mr. Nelson may be reached via either his office telephone # (404)- 816 -9220 or via. email

address: [e-mail] His mailing address is: Lake- Shoare Tram, "Inc., Att.: Erik
S. Nelson, PO Box 191767, Atlanta, Ga. 31119 "
We very much appreciate your willingness to review this application and "your assistance with
this matter.
Sincerely, ,
Florence Nazario
-t

DWR State of North Carolina
Department of Environment and Natural Resources
l Division of Water Resources
Division of Witter Resources
iSA NCAC 02B .0233 (8)(b), .0243 (8)(b),.0250 (31)(b), .0259 (8)(b), .0267 (11)(c),.0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10 -2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 02B.0233)
❑ Major Variance ❑ Minor Variance
r- Catawba River Basin (15A NCAC 0213.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 028.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar - Pamlico River Basin (15A NCAC 028.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 026.0267)
❑ Major Variance ❑ Minor Variance
O Goose Creek Watershed (fSA NCAC 026.0606 & 15A NCAC 028.0607)
A. General Information
3
2 0 1 5 1 1, 5
1. Applicant's Information(if other than the current property owner):
Name: / /C7 /ei 7
Title:
Street Address:
City, State & Zip: �10 ?CS �/ s e _ �,' $� 77
Telephone:
Email:
2. Property Owner /Signing Official (person legally responsible for the property and its compliance):
Name: .S°F vrs e.
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10 -2013
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3. Agent Information:
3a. Name: 4C:01 k Aie/.SO 1-1
Company Affiliation: l Oke- ,�l�On°
Street Address:
City, State & Zip:
Telephone:
E -mail: �S�fGlc�°S�'IO-to- ney..f. ";Ow_-_
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
5P' W- r �i _
5. Project Location:
5a. Street Address: ,�U T1/J d.��d/' a& TG 4 Ur
City, State & Zip:
5b. County:
5c. Site Coordinates (in decimal degrees): 3S60 �i of �i Latitude - Q. QZ�Jryy Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
6. Property Information:
6a. Property identification number (parcel ID): -7 % I r'�O 53 000
6b. Date property was purchased: O f• 6 4201
6c. Deed book 0,339 and page number
6d. Map book and page number Q
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (LAMA)?
❑ YES )( NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?_ArW0 //
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? //�
FORM: VAR 10 -2013 Page 2 of 6

8. Directions to site from nearest major intersection:
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO �.
10. List any permits /approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received: Permit Type:
/Ud•M P
B. Proposed Activity
1. Project Description
la. Provide a detailed description of the proposed activity including its purpose:
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1b. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property /project boundary with dimensions
0 Adjacent streets and roads labeled with names and /or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ftl on the plan)
FORM: VAR 10 -2013 Page 3 of 6
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0 Details of roads, parking areas, cul-de -sacs, sidewalks, and curb and gutter systems
0 Footprint of any proposed buildings or other structures
0 Discharge points of gutters on existing structures and proposed buildings
0 Existing drainage (including off - site), drainage easements, and pipe dimensions
0 Drainage areas delineated
C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Number' —
Permanent (P) or
Temporary (T)
Reason for Impact
415,57
Buffer
Mitigation
Required
Zone 1 Impact
(square feet)
i
Zone 2 Impact
(square feet)
B3 -
Multiplier
PILE]
T
❑Yes ❑No
Zone 11
B2 -LjP
Zone 2
FIT
1.5
❑ Yes ❑ No
B3 -
P
T
❑ Yes ❑ No
Total Buffer Impacts
'Label on site plan
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin /watershed. `
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3a. Is buffer restoration or enhancement proposed? ❑ Yes K No
If yes, 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.
3b. Is payment into a buffer restoration fund proposed? ❑ Yes VyNo
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10 -2013 Page 4 of 6
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 11
3
(2 for Catawba only)
Zone 2
1.5
Total Buffer Mitigation Required:
For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin /watershed. `
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3a. Is buffer restoration or enhancement proposed? ❑ Yes K No
If yes, 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.
3b. Is payment into a buffer restoration fund proposed? ❑ Yes VyNo
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10 -2013 Page 4 of 6

D. 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.).
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la. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
lc. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, 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.
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2a. Show the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E 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 ipplicable Buffer Rule that shall make reasonable use of the property possible.
FORM: VAR 30 -2013 Page 5 of 6

2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restri tions or other hardships (e.g. zoning setbacks, floodplains, etc . / / /
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3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that))of neighboring property.
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4. Explain hether he hardsip as caused by the applicant k%�wif ugly or unkpowingly violating the applicable Buffer Rule.
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S. For Neuse, Tar - Pamlico, Jordan lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Puffer Rule and then request a variance?
6.
that are widespread.
F. Deed Restrictions
By your signature in Section G 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.
G. Applicant's Certigcalion
I, 11G Xg G (print or type name of person listed in Section A, Item 2), certify that
the information included on this per t pplication form is correct, that the project will be constructed in conformance with the
approved plans and that the deed r t coons in accordance with Section F of this form will be recorded with all required permit
conditions.
Signature: On ,
Date: V /�
FORM: VAR 30 -2013 Page 6 of 6

Nazarrio Variance :Application
Attachment # 1
Section B: Proposed Activity.
lb. Site Plan:
The proposed project is the installation of an incline tram system from Lake Shore Tram,
Inc. The tram would run from the property owners house to the walkway to their dock,
allowing them to travel safely between the two structures.
The tram would be approximately be 165 feet in length. The tram would be
approximately 165 feet in length, and be attached to the ground by steel posts
approximately every 10 feet. The tram would be slightly above the ground, and as a
result the track of the tram would not be in contact with the ground. The tram track
would be connected to the ground via. steel post that are 1.25 inches in diameter.
A 165 foot tram would require approximately 32 posts (2 posts for each 10' of track).
Each post occupies approximately 1.22 square inches of ground space. All 32 posts
would occupy approximately 39 square inches of ground space, or approximately 27% of
1 square foot of ground space.
Due to the disability of the property owners, we are requesting a variance in order to
extend the tram to terminate at the walkway to the dock We anticipate that this will
require 4 to 6 posts being placed into the ground, or less than 9 square inches of ground
space.
Section E: Demonstration of Need for a Variance.
1. Need for Variance:
The owners of the property, Bert & Florence Nazario are both disabled. Mr. Nazario
suffered a severe back injury as a result of a work related accident many years ago. This
has necessitated several back surgeries. The injury has left Mr. Nazario with a limited
ability to walk, and unable to use the stairs within his own house. Ms. Nazario has
difficulty in walking, and has severe difficulty with uneven surfaces.
As a result, both Mr. & Mrs. Nazario are unable to walk between to or from their house
and their dock.
The property owners are requesting a buffer variance in order to terminate the incline
tram system at the ramp to their dock. It is estimated that this variance will be for
approximately 15 feet of the tram length. This will allow them to safely between their
house and their dock. Terminating the tram short of the walkway to the dock would then
require the use of stairs at the lower landing of the tram. The stairs would be hazardous
to both Mr. & Mrs. Nazario, putting them at risk of severe injury if they were to fall.

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