20080019 Ver 1_Variance Request Form_20080104

OFFICE USE ONLY: Date Received _____ Request #
State of North Carolina
Department of Environment and Natural Resources O g- 0 0 1 9
Division of Water Quality
Variance Request Form
Catawba River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 026.0243)
NOTE.' This form maybe photocopied for use as an original. D [~ ~~~~
Part 1: General Information JAN 4 2008
1. Applicant's name (the corporation, individual, etc. who owns the project): ___ oEr~R-~~A7ERUUr,~~rt ...
N.C. STATE PROPERTY OFFICE w~Ti_n~osiaNOSTO~-~wA'Fka~
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: LANCE WHITE - N.C. DENR -PARK AND RECREATION
Title: PROJECT MANAGER_ _ ____
Street address: 512 N. SALISBURY ST., ARCHDALE BUILDING 7th FL. RM 732
City, State, Zip: RALEIGH, N.C. 27699
Telephone: [phone]
Fax: [phone]
3. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
LAKE JAMES STATE PARK -PADDY'S CREEK DEVELOPMENT: PHASE 1
4. Location of Facility
Street address: NC 126
City, State, Zip: LINVILLE, NC
County: BURKE
Latitude/longitude: ~_35^ 45'01" N / 81^52'35" W (NAD 83)
Directions to facility from nearest major intersection (Also attach a map):
FROM THE INTERSECTION _OF NC 126 AND ROCK HILL STREET (SR 12811 NEAR THE
TOWN OF LONGTOWN BURKE CO. GO SOUTH ON ROCH HILL ST. 0.3 MILES TO THE
END, CONTINUE SOUTHEAST ON DIRT RD. 1.4 MILES TO CABIN, CONTINUE
SOUTHEAST ON WOODES RD 0.5 MILES TO END CONTINUE SOUTH 0.2 MILES TO
LAKE
6. Contact person who can answer questions about the facility:
Name: LANCE WHITE
Telephone: X919) 715-8701
Fax: [phone]
Email:
7. Requested Environmental Management Commission Hearing Date: MARCH
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 result from conditios 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. Attach 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.
Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
PROPOSED SEDIMENT BASIN WILL REMAIN TO REDUCE SEDIMENT AND INCREASE
INFILTRATION AND AREA OF BUFFER BEING DISTURBED IS BEING REPLACED WITH
SAND FOR A BEACH WHICH WILL ACT AS A FILTER BED.
2. What is the total project area in acres? 3.49
3. Which of the following permits/approvals will be required for this project?
__ CAMA Major
X Sediment/Erosion Control
X 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998

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 CATAWBA RIVER
LAKE JAMES
Receiving stream class' WS-V, B
Drainage basin area (totalz) 3.49
Existing impervious area3 (totalz) 0.00
Proposed impervious area3 (totalz) 0.27
Impervious area3 (on-site) 8
Impervious area3 (totalz) 8
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings 0.11
On-site streets 0.00
On-site parking 0.00
On-site sidewalks 0.13
Other on-site 0.03
Total on-site 0.27
Off-site 0.00
Total 0.27
The Internet site for this information is http://h2o.enr.state.nc.us/strmclass/alpha/neu.html
z Total means on-site plus off-site area that drains through the project.
3 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?
_____ _,,_„_ AUTOCADD AND QUAD MAP ___._
6. What will be the annual nitrogen 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
basin Size of
drainage
basin
ac Post-development
nitrogen loading rate
without BMPs4
Ibs/ac/ r BMP nitrogen
removal
efficiency5
% Final nitrogen
loading rate
(Ibs/ac/yr) Final nitrogen
loading from
drainage basin
Ibs
1 3.49 1.4 0 1.4 4.9
2
3
4
5
Totals ------ ------ ------
4 Attach calculations and references.
e Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998

Part 3: Water Quality Protection, continued
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 Item
Initials
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 nitrogen loading estimates (see Part 3, Item 6)
--- ~-- Calculations and references supporting nitrogen 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:
~~
~
t/ 0 Development/Project name
0 Engineer and firm
~ ~ 0 Legend and north arrow
_„___„__
~ 0 Scale (1" = 100' or 1" = 50' is preferred)
r/
~ 0 Revision number & date
_~__ y 0 Mean high water line (if applicable)
_,____._,..,,,~ __ 0 Dimensioned property/project boundary
t/ 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
-.-----ice:.---- 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

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): ANDY LOVINGOOD, P.E. / McGILL ASSOCIATES
Mailing address: P.O. BOX 1136
City, State, Zip: HICKORY. NC 28603
Telephone: [phone]
Fax: [phone]
Email: ALOVINGOOD(a~MCGILLENGINEERS.COM
Part 7: Applicant's Certification
_ ~~ (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:
Date:
Title:
Variance Request Form, page 5
Version 1: September 1998

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Demonstration of Need for a Variance
The swim beach is proposed to be located on the north shore of Lake James in Burke
County within Lake James State Park. The swim beach is approximately 720 feet in
length and varies in width from 25 feet to 65 feet and shall be constructed with sand with
approximately 170 feet of access trail within the buffer.
Should the strict application of the rule be followed, then the swim beach could not be
constructed and there is demonstrated need for additional recreational swim areas on
Lake James for the general public.
The hardships or difficulties do not arise from conditions that are unique to the
property, the problem is that the swim beach needs to be constructed adjacent to the
waters edge.
The swim beach size was determined by need. The visitation to Lake James in 2006
was 680,110. That makes Lake James the most visited park in the western part of the
state and the sixth most visited park in the state behind three recreation areas in the
Raleigh-Durham-Chapel Hill area and two costal parks. Also, the park is the only public
access on the lake for swimming and routinely the parking lot fills up by 9:00 am and
stays full until late into the afternoon. Therefore, the park does not really know how
many people they may actually turn away. With such a volume of visitation there is a
need for the swim beach.

Water Quality Summary
The water quality will be protected in two phases. First, during
construction all the Stormwater runoff will be filtered thru sediment traps per the
requirements of the North Carolina Department of Environment and Natural
Resources (NCDENR). The sediment traps are designed to be 75% efficient in
the removal of suspended solids.
The second phase, which after construction is complete, there will be
substantial green space, two areas of which are undisturbed natural vegetation
around the beach area and bath house. This will be beneficial in the removal of
nitrogen and suspended solids prior to draining into Lake James. There will be
two sediment traps left in place after construction is complete that will capture the
initial runoff from a storm event and allow the stormwater to percolate into the
soil. These areas will also slow the runoff from larger events, allowing the
suspended solids the opportunity to settle before entering Lake James.

Nitrogen Loading Calculation Worksheet
Project Name: PADDY'S CREEK DEVELOPMENT-PHASE 1
Date: 10/23/07
By: RDS Checked By: DR
Method A for Quantifying TN Export from Residential /Industrial /Commercial
Developments when Footprints of all Impervious Surtaces are Shown
Step 1: Determine area for each type of land use and enter in Column (2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2) at "Total Area =".
Step 3: Calculate the fraction of the total area that is impervious area and enter in space provided (col 2)
Step 4: Using the impervious surface fraction in step 3 as "I,"
calculate (0.43 + 7.7 1) and enter in Column (4).
Step 5: For each row, multiply columns (2) (3) and (4) and enter in column (5).
Ste 6: Sum the rows of column (5 and enter at the bottom as total loadin .
Predevelopment
Impervious surtace 0.00 2.6 0.43 0.0
Managed open space 0.00 1.36 0.43 0.0
Undisturbed open space 3.49 0.95 0.43 1.4
Total Area= '
3.49
'~~f~
~:>L~~t~t~(16~11~~'~:-
1.4
'Unit`Httrt~g~~tl€;:r~t~g<~i~i;l'~!~;
........... 0.4
Fraction of total area: < 0.00 ~ I __ .
IPostdevelopment

Impervious surtace 0.27 2.6 1.03 0.7
Managed open space 2.50 1.36 1.03 3.5
Undisturbed open space 0.72 0.95 1.03 0.7
Tota'I ~irea: ~........ 3.49 ;: Total t~©ad~~~;~~~~~rr~,~ 4.9
_
llnit Nitrogen t_b;~ttEt~~:~Eb~~~~yr}=
.._.
1.4
Fractlbn of focal area:' 0.08 ~ I I >>> >