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HomeMy WebLinkAbout20080260 Ver 1_Minor Variance_20080207J OFFICE USE ONLY: Date Received ______,_______, __,_____~___ Request # .~__,__ _______...-__._...__ State of North Carolina Department of Environment and Natural Resources Division of Water Quality 0$ X260 Variance Request Form -for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: This form maybe photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. ® Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 026 .0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0259) o Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0243) C~~C ~~~ p FEB 7 2[08 Part 1: General Information Please include attachments if the room rovided is insufficient. °E"`` ~"~''`"'{`'~`"" p ~ 1h'ETLANDS ANI~ dTC)i~:NtVY:4TER BRANCH 1. Applicant's name (the corporation, individual, etc. who owns the property): Michael David ar7d Christine C. Lehr 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Christine Lehr Title: -- _--- - -----_.__._-.-~.____ ._.___ Street address: 8348 Nantahala Drive _ City, State, Zip: Raleigh, NC 27612 __.__mm_. ~~~~--_______ Telephone: (919) 786-2008 (work) X919} 696 3745 Lcell) _._. _~___.__ Fax: ~ ~_1.~.)__786-2208 3. Contact person who can answer questions about the proposed project: Name: Christine Lehr Telephone: (9~3}_786-2008 (work}._(919} 696 3745 (cell}~_ Fax: ~ g~19 )_ ;'~fa 2203_..__ ._ __._._ Email F hlltx;ti~' i~ `,~= '~~t~r ~~x~~~rz 4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): _8348 Nantahala Drive (sunroom addition}- Located in Umstead Ridge subdivision Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: $348 Nantahala Drive Raleigh, NC 27612 Wake 6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS topographic map indicating the location of the site): At intersection of Glenwood AvelRaute 70 West and Eriber~ezer Church Road, take left on ~kbenenzer Church Raad. Take left onto Pat's Branch Drive, Left onto Nantahala Drive. Address is 8348 Nantahala Drive. 7 Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): _~ l1T_to Lake AnnelTurkey Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or .0316 (Tar-Pamlico)]: _C:lass B; N~~JI'___ _~ 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) __ Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in ft2.]: Convert existing footprint of deck into sunraom. The total square faatage of the proposed sr.rnroom is 280 sq ft; of which approximately 70 sq f# wit) be located in the outer portion of the zone 2 riparian buffer. 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: .f.he proposed addition is intended to meet our growir7g family's need for additional space. Only a small portion of the propased 280 square foot addition fails within the zone 2 buffer. The stream meanders toward our pause at a paint near the end of our original deck, which causes the outer portion of the zane 2 buffer to touch the earner of our original decklproposed addition. But far the location of this single meander, na portion of the prapased addition would violate the buffer. Qased on the house footprint, the prapased use of the existing footprint of the deck is the most practical way to add a single raom to the house. Due to the house foatprint, deviation from this plan would require a larger addition than the currently propased addition in order to match Variance Request Form, page 2 Version 2: November 2000 the addition with the existing house. This larger addition would be located just outside of the buffer area. A larger addition only a few feet away from the proposed addition wai.rld not appear to better serve the purpose and intent of the riparian buffer requirements than the granting of the Var~lc3r"1C;~'. 3. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc.): We propose punting two native plants (e.g., American beauty berry andlar mountain laurel) in zone 2 adjacent to the addition, which currently cansists of dirt, fescue and pine straw. Per the Guidelines for Riparian Buffer Restoration, NCDENR dated t~ctaber 2004, a planting density of 1200 shrubs per acre is recommended. With 43,560 sq ft per acre, that equals .0275 shrubs per sq. ft. Based on the 70 sq. ft. of our proposed addition located within the buffer, we have multiplied .0275 by 70, which equals 1.928 shrubs. We would consider additional mitigation measures if requested. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this .Rule. As stated in 2. above, we need to increase the iivirtg area of our house. Due to the house footprint, alternate plans would involve a larger addition than that wl~~ich is currently proposed, and would result in a larger impervious area located just outside of the buffer area. (2) How these difficulties or hardships result from conditions that are unique to the property involved. _As mentioned in 2. above, a single meander of the stream causes the corner of the proposed additiar~ to fail within the buffer. But for that meander, the proposed addition would be completely outside of the buffer and wot.tld nat require a variance. (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Part 3: Deed Restrictions By your signature in Part 5 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 4: 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: Telephone: Variance Request Form, page 3 Version 2: November 2000 Fax: Email: Part 5: Applicant's Certification I, Christine Lehr (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: +e ~.__lQt_ ~ ....._._ ._____,_.. _~__.._.._______._ ...._._ ____..._~. __ _..._..__.. 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