20160165 Ver 1_Application_20160223

DWR
'Division of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
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
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 02B.0233)/
❑ Major Variance 14 Minor Variance
❑ Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 02B.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.607)
A. General Information
1. Applicant's Information(if other than the current property owner):
20160185
Name: Y "f1OrCC C. Y!�4vn V.\n" S
Title:
Street Address: '�I 5 �► �fir y���(,L df
City, State & Zip: :(VG dc.V UQV i " :5—+ A_)L_ 2751 Ce
Telephone: �( `) - �Z4 ' 10 7
Email: �ah l.� l P�Gji ArlitGuc.6ki 6V?%CS �DVM1
2. Property Owner/Signing Official (person legally responsible for the property and its compliance) -
Name: � n� �, SVV 114
Title: Qtyt'
Street Address: ?, /S n., , �( Cru. L
City, State & Zip: Q4 ueu, V a ✓, n!� , ,rJ ?i7S?,Cr
Telephone: qt 1 -sly
- ItoII_
Email: CA., •� ` QAr 1lX[t� LVi, )✓� VIor�C� co
FORM: VAR 10-2013
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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
ScAfc,4 — �o� — v,e�Da
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES o 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:
B. Proposed Activity
1. Project Description
la. Provide a detailed description of the proposed activity including its purpose: r
I&A I % A4 yzii D Pi— 1 �t' 1 ''40 7j wit(
4-✓
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 ft2 on the plan)
FORM. VAR 10-2013 Page 3 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.).
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.
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
1.
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.
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.
FORM: VAR 10-2013 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
restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).
4A
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.
11 /
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request a variance?
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions 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 Certification
I, _pGn't-cl 5"11A (print or type name of person listed in Section A, 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 Section F of this form will be recorded with all required permit
conditions.
Signature:
Date: Z//,: /1 G
Tr
FORM: VAR 10-2013 Page 6 of 6

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AT�A. IA -Ma rgn;
NCDENR A -4Z -
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 21, 2015
Nialla Hanley
191 Chamerlain Street
Raleigh NC 27607
Donald R. van der Vaart
Secretary
Subject: Butter Determination,
NBRRO , I5-226
Wake County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 28.0233)
Start@a
El Tar -Pamlico (15A NCAC 26.0259)
C1 Ephemeralllntermittent/Perennial Determination
USCS
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B .0267)
To
Project Name: 513 Phelps Ave., Raleigh
Location/Directions: Subject property is a privately owned lot located at project address;
Subject Stream: UT to Beaverdam Creek
Determination Date: May 21, 2015
Staff: Sara Knies
Feature
Not Subject
Subject
E/1/P*
Start@a
Stop@
Soil
USCS
/Flag
To Buffers
To
Survey
Topo
Buffers
A
X
Feature culverted
X
I X
throughout property
All"
X
P
Buffers apply beginning at
U,S side of pipe
X
X
property line
I
A2**
X
P
Buffers apply beginning at
Property Line
D/S side of pipe
*E/I/P - EphemeraVlntermittent/Percnnial
**See Map illustrating Buffer applicability as related to culvert pipe on property
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
..Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
�o Carolina
Naftira!!y
North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699.1628 Phone [phone]
Internet www_ncwaterguality ora Location_ 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
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