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HomeMy WebLinkAbout20072176 Ver 1_Major Variance_20071219OFFICE USE ONLY: Date Received _________ _________ ____-____ Request # State of North Carolina 0 7- 2 1 7 6 Department of Environment and Natural Resources Division of Water Quality Variance Request Form Catawba River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0243) NOTE: This form maybe photocopied for use as an original. Part 1: General Information 1. Applicant's name (the corporation, individual, etc. who owns the project) Q~c~c~anr~p DEC 1 9 2007 O~N12 ~ WA'fE.it QUALITY ~METIANDS AI~C! STORM4YATGR iRANC11 _ J 2. Print Owner/Signing Official (person legally responsible for the facility and its compliance) Name: .,.~~~eN..1-~a.M1~n~ ti Title: bw ne_~ .~~,y.._. _ „ . hn___ _. Street address: r Y City, State, Zip: .......C~tic~rl o~~~,_.,~_.n! ~..,...~:~.Z.7 "1 ...........................................~..............H-.._....._...............,...,. Telephone: t :ao~....as..i ~,.-. 5.2.? 3 _ _ .. 3. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): N/a 4. Location of Facility Street address: IS"9~~ T~+~c;1 fZ~~d. City, State, Zip: r~al_~.,s,_ -vc Z8o 3 I r _ ,.___ _ _ ______, ~_ _ _m . ____,___~,~~_.~_rr .,r__.,r,._ ,_ ... __, County: jVl~cklcn b.. ~~ Latitude/longitude: 5. Directions to facility from nearest major intersection (Also attach a map): T w7 ~ _. ~~.~ ~_.?~ ~. I N:,I c w2s o_`-~-__-Ca4-uwb ~ Avc . ..._..._:h~;sn..._..r~~..h~,_~~~......~:e~tt~?R.._._Rd ..............1-~rrus~~_1~.....i..~.._~3_~3 n..~l<.~s«~~an._._4Z~ht ......... 6. Contact person who can answer questions about the facility: Name: ~~~v~ I-FR,r.l~a..~~, _~e_~_.. ._._.___.. Telephone: ;; ~o?~... 51 ~ - 5 22 3 Fax: R; Doti ~s-ly 9H~i t a.:.... . __ _ _ _ _.. _ ....... ... ...... Email: a. v+n aua (J,r•/-~- .ti~i'.vte~' 7. Requested Environmental Management Commission Hearing Date: Version 1: September 1998 Part 2: Demonstration of Need for a Variance NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management Commission to grant a variance to an affected party when the following conditions apply on a given project: (a) practical difficulties or hardships would result from strict application of the rule: (b) such difficulties or hardships resu/t from condifios which are peculiar to the property involved; and (c) the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. This part of the application is to explain how the project meets criteria (a) and (b). 1. Atr t.=ach a detailed description (2-3 pages) explaining the following: • The practical difficulties or hardships that would result from strict application of the Rule. • How these difficulties or hardships result from conditions that are unique to the property involved. • Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the riparian area is not feasible on this project. If economic hardship is the major consideration, then include a specific explanation of the economic hardship and the proportion of the hardship to the entire value of the project. Part 3: Water Quality Protection ........................................................................................................................................................................................................................................... . NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. 1. Briefly summarize how water quality will be protected on this project. Also atta a detailed narrative (1-2 pages) describing the nonstructural and structural measures that will be used for protecting water quality and reducing sediment inputs to surface water. _w._. ............._.. _..~_ _ M.____ ......................................_. _... ~S.t„~,9M,~~c+,~~-ar\~..,.t~.Q~.~~~,~,,~ a, Vclf~etn5~~., .~,2~u25.~ !',..,.~`a~ ~_~~ t _. _ _~__ _ _-~, ... ......~. ._~.f_~.---.-_--~,~---..~_~C~..ac'~.,&~~.___.._.._~.~.~s~.~.~:._.....'t??_....._~?-.. ~•r_~~-ems yv~ clcd n , .~7c-h~'-~. nn.~ C~f`vc~.ro ~ Ws ~:mnt~. ~u~ S~Qnd C. l1 ~A ~ .t.'... . xh...~~]4 I..S 'T'1'!~ ..., f O.~ CJ~ n ~„ ....... _ _ ._ ~. rl _.~l Ya.a . _ _O.f~ '"'N r 7 her , ~ i"~ `" ~! .. . -~ro,~• -f7.e wc~~er , w~'- rip aced d«}~grasS wi}1, Sn~d. "' So mere +S a 2. What is the total project area in acres? ~,-«;_ ~:F!fe.~itiA_~s __t~ss +-.«N 1 ~ 2d +`` G ~ cv. ci c`re, __`_.---~--~-~----- ~ f'.-n rr. {~' ~ ~'o VJt1 ~C1- 3. Which of the following permits/approvals will be required for this project? 9ua1~1-,1 b~_cci~.~s~ ~_______ CAMA Major D __ __„ „ Sediment/Erosion Control fke. {arnirr ~raSs .__,,...., 401 Certification/404 Permit was f~~{-~ ~;~ w~a-~~as sand i s tee}-, Variance Request Form, page 2 Version 1: September 1998 Variance Request Form Steve and Lisa Haimbaugh Part 2 Demonstration of Need for a Variance: My husband and I purchased this property on Lake Norman a couple of years ago and unfortunately did not fully understand the 760-line rules. We knew that we could not build in the 760 so when we built our deck, we made sure we were behind the 760 line. However we had no idea that replacing dirt/grass with sand was a violation. Unfortunately we have already dug out several inches of dirt /grass and replaced it with sand for a volleyball court and a small beach. Please note that only a small corner (approximately 1/20th) of the volleyball court is within the 30 foot setback from the 760 line. And neither the beach nor the volleyball court are in an area where the water touches, even at its highest level. We did not remove any trees or bushes. We did dig down into the ground for the beach but in the area closest to the water where the land "drops off" to the water below, we did not. disturb the ground there. In this area we simply put sand on top of the existing dirt (we did not dig anything out). In terms of "economic hardship": The only way that we could afford this property is to rent it out as a vacation rental a few times a year. The volleyball court and beach are a big part of what has allowed us to get enough renters and high enough rent to make the property financially possible for us to own. As far as "practical hardship" we almost broke our backs digging out grass and dirt for several days to put the beach and volleyball court in. We would not have done it if we had any idea it was aviolation -but now that it is already there, we would be very grateful if we do not have to "break our backs" again to put it back to its original condition. If we had built a structure within the 760 we would certainly understand why we would have to remove it; or if we had added grass (which needs to be fertilized) in place of sand, or if we had removed trees we can see how it would affect the lake. But from a common sense standpoint it seems that sand would be better for the lake than grass which gets fertilized. In addition, while boating around the lake we saw many other properties on the lake with beaches (some of which were recently built -such as the Simonini's home), which further led us to believe that a beach was allowable. Their beaches are much larger and more extensive than our tiny area of sand. We truly would not have put the beach and volleyball court in if we had known it was unacceptable, but now that it is there, we would humbly request a variance to allow it to stay. Please see below just a few of the many examples of beaches on the lake that have been built in the last couple of years. We saw these and copied them on a much smaller scale. Because these were newly constructed houses, we knew that they were not "grandfathered", so we had no reason to think that adding a beach was not acceptable. ~'; ~: ~~, „~ ~, ~ ~ ;::. w $• , ,: ~~s nd ..5 k vta~u~'d~ vJof ,9fef/ ,~,fr~~~ ~~kt ASS. c~~=~~` -1-v ~, ~ s a~ c L,.., . ~ ~-- ~~aS~13tS f"c'~~~ f"~~c~c, tE~:. Vv',.t~~ j clnc~, in C:ny c~~cas nec~: -thy w~;-1--~-; v~t~ r~~t~y f~.;..~- ~~. O ' i"1+5~ l3 ~L C.tCLt'+ VJ ~t Z('e- VV `- 1~ Part 3 Water Quality Protection: The following includes the key points to why we believe a variance is justified: 1.) Water quality should not be affected at all by what we did. In fact, an argument could be made that the water quality would actually be improved because there is less chance for fertilizer to run into the lake. The former grass was fertilized several times each year, whereas the sand would not be fertilized. In addition, we put a black mesh gardeners tarp underneath the sand to keep weeds out, so the sand does not even require weed killer. 2.) There should be no change in erosion. We did not disturb any structures within the 760. The original railroad-tie sea wall and rip-rapf rocks are still in place. We did not remove any trees or bushes. The only thing we disturbed was the dirt/grass -but not in the area closest to the water where the land drops off to the lake bed below - we did not disturb the ground there. This area was dirt and small stones sloping down to the lake bed below. We did not disturb the land there - we simply put sand on top of it. And the water does not come up to that area even at full pond, as it is in an alcove where the land curves. Part 3: Water Quality Protection, continued 4. Complete the following information for each drainage basin. If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. Project Information Drainage Basin 1 Drainage Basin 2 Receiving stream name 4 ~ c~ ~rv~0.N Receiving stream class' ,g and S 8 WS Drainage basin area (total2) Existing impervious area3 (total2) Proposed impervious area3 (total2) Impervious area3 (on-site) Impervious area3 (total2) Impervious area3 Drainage basin 1 Drainage basin 2 On-site buildings On-site streets On-site parking On-site sidewalks Other on-site Off-site / I/G II /LGIIIGL JI(G Ivl LIIN II IIVI//IOIIV// /J Illl'.J.//IILV. GIII.J(4(G.IIG.UJ/J(/l Ul7d JJ/dl~lll d/IICU./I (!!II 2 Total means on-site plus off-site area that drains through the project. s Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas, sidewalks, gravel areas, etc. 5. How was the off-site impervious area listed above derived? 6. What will be the annual sediment load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage Size of Pre-development Post basin drainage sediment loading rate development basin with BMPs4 sediment (ac) (lbs/ac/yr) loading rate with BMPs Ibs/ac/ r 1 2 3 4 5 /-1L(GG/I Gd/GUIdLI V//J O/IU ICI Cl C/IGCS. Variance Request Form, page 3 Version 1: September 1998 Part 5: Deed Restrictions By your signature in Part 7 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater 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. Part 6: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): Mailing address: City, State, Zip: _,,~, ,_________r______r_ Telephone: ~w.____~_____......_____..____..._.. Fax: ._~._.e_.«<.«««<..««<~~_~e~ Email: Part 7: Applicant's Certification -~e~e.n;,,__~ain~.~a~~ ~,~ __ ._n_ (print or type name of person listed in Part I, Item 2), 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 in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: ~~c ., ~/ Date: , ~_ ~~._- ,~ 7_'m_~'.~-___.,, _.~,~~,,,_~ ,~,.. , .., .,,..~,,~. ~._,~,._,__ ~ ,_.,~~.. ~,, . ~,_. _~,. , ,, ,, , .,~,. ____,, Title: nwr~a r Variance Request Form, page 5 Version 1: September 1998 Part 3: Water Quality Protection, continued 7. The applicable supplemental form(s) listed below must be attached for each BMP specified: Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-109 Innovative BMPs Supplement Part 4: Submittal Checklist A complete appplication submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Initial ~w~_~ Item • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 3, Item 1) • Calculations supporting sediment loading estimates (see Part 3, Item 6) • Calculations and references supporting sediment removal from proposed BMPs (see Part 3, Item 6) • Location and details for all proposed structural stormwater BMPs (see Part 3, Item 6) • Three copies of the applicable Supplement Form(s) for each BMP and/or narrative for each innovative BMP (see Part 3, Item 7) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 100' or 1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 4 Version 1: September 1998 U~Ci~ Store - lligital File Download Page 1 of USGS Home Contact USGS Search USGS USGS Store -Map Locator & Downloader .nrFrrA. ! ~~ .•.~-._, ['. _, lf'r'~4`i;^, -y r, / ~Ta ~t-rs~ ~h(?..~ . ;'r ~.{, rr....v .,. t.~ 5~ W® O~ _ ./ (~ Y~E7 i +JC~d~I 151 :r~ ~9. 7 (: ~:h}. «~, U 2149 2151 ~ys5 _ C r ,., .~ Clear Markers Reset Map About USGS Maps About Digital Maps Optional free GeoPDF Toolbar provides more ways to ~~~'~ ~ interact with USGS topo maps. 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