20160566 Ver 1_More Info Received_20160616

PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
❑ Neuse River Basin (15A NCAC 02B.0233)
x Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 026.0243)
t
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Variance
i
❑ 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 028.0606 & 15A NCAC 02B.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
Name:
Patterson Custom Builders LLC.
Title:
Tony Patterson
Street Address:
817 New Bern Avenue, Suite 1
City, State & Zip:
Raleigh, NC 27601
Telephone:
919-832-6700
Email:
[e-mail]
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name: Capital City Property Solutions Inc
Title: Kristi Thayer, President
Street Address: 3200 Glen Royal Rd, Suite 104
City, State & Zip: Raleigh, NC 27617
Telephone: [phone]
Email: [e-mail]
FORM: VAR 10-2013

3. Agent Information:
3a. Name:
Company Affiliation
Street Address:
City, State & Zip:
Telephone:
E-mail:
Ter
Vice President
7823 Cape Charles Dr
Raleigh, NC 27617
7-9579
[e-mail]
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):
611 N. Elizabeth New Construction SFD
5. Project Location:
5a. Street Address: 611 N Elizabeth St
City, State & Zip: Durham NC 27701
5b. County: Durham
5c. Site Coordinates (in decimal degrees): 35.998153 N Latitude 78.890806 W 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): 110654
6b. Date property was purchased: November 20, 2015,
6c. Deed book 7828 and page number 224
6d. Map book 1 and page number 155
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 (CAMA)?
❑ YES X NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)? n/a
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? n a
FORM: VAR 10-2013 Page 2 of 8

8. Directions to site from nearest major intersection:
From Highway 147 Exit 12A take Fayetteville street north until it turns into N Elizabeth Street continue north and property will
be on the left near the intersection of Canal Street and N Elizabeth Street
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Ws-IV;nsw
Unnamed Tributary to Ellerbe Creek
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:
1127/2016 2/18/16 Single family dwelling new construction permit
B. Proposed Activity
Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
Intention to build a single family dwelling for private one family residential use Obtained building permits that were
approved and issued by the City of Durham however during the course of construction it was brought to our and their
attention that the creek next to the property was an intermittent stream and that there were buffers that had to be
implied and we were in violation of the area required This was brought to our attention after numerous site visits by
Durham storm water division to the site without response to the creek as well I don't believe anyone working ion this
project knew this was an identifiable stream and applicant was not informed by the City of Durham of this being an
identifiable stream or creek when the survey of the parcel was submitted to the City of Durham as a part of the building
permit application process.
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 ft' on the plan)
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
FORM: VAR 10-2013 Page 3 of 8

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'— Reason for Impact
Permanent (P) or
Temporary (T)
Buffer Zone 1 Impact
Mitigation (square feet)
Required
Zone 2 Impact
(square feet)
131 - ® P 0 T Building construction
X Yes ❑ No 230
660
B2 - x P [—]T Rain Garden
X Yes ❑ No 0
200
B3 P 0T
❑ Yes ❑No
(square feet)
Zone 1'
Total Buffer Impacts
2
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.
Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Applicant shall submit a landscape and revegetation plan that uses a mix of species regardless of whether less than 20 trees are
determined to be necessary on the subject parcel. Applicant shall use as a guideline that Unified Development Ordinance for the
City of Durham as its foundation, and include any and all required elements per Title 15A NCAC 02B et seg.,remedial measures
to maintain diffuse flow of runoff by dispersing concentrated flow. Applicant's plan is set forth in the attached Mitigation Plan.
which includes a Planting Plan.
3a. Is buffer restoration or enhancement proposed? X Yes ❑ 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. (SEE ATTACHED PLANTING
PLAN)
3b. Is payment into a buffer restoration fund proposed? x Yes ❑ No
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 8
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 1'
230
3
690
(2 for Catawba only)
Zone 2
660
1.5
990
Total Buffer Mitigation Required:
1680
'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1
and use Zone 1 multiplier.
Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Applicant shall submit a landscape and revegetation plan that uses a mix of species regardless of whether less than 20 trees are
determined to be necessary on the subject parcel. Applicant shall use as a guideline that Unified Development Ordinance for the
City of Durham as its foundation, and include any and all required elements per Title 15A NCAC 02B et seg.,remedial measures
to maintain diffuse flow of runoff by dispersing concentrated flow. Applicant's plan is set forth in the attached Mitigation Plan.
which includes a Planting Plan.
3a. Is buffer restoration or enhancement proposed? X Yes ❑ 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. (SEE ATTACHED PLANTING
PLAN)
3b. Is payment into a buffer restoration fund proposed? x Yes ❑ No
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 8

D. 5tormxvater
l. 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.).
— Surface runoff will be directed thru protective piping and will lead into rain garden. A relief swale will be constructed to
allow water back into stream from SMP/rain garden.
la. Show the location of diffuse flow measure(s) on your site plan.
lb. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed
measure.
1c. 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 (BIVIPs) that
will be used to minimize disturbance and control the discharge nfnutrients and sediments from stnrmwmLer.
— We will be constructing a 200 sq.ft. SIVIP/rain garden. All surface runoff from structure will be directed thru rain garden.
2a. Show the location of EM Ps on your site plan.
2b. Attach a Supplement Form for each structural BIVIP proposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BIVIP proposed.
E. Demonstration ofNeed for aVariance
The variance provision of the riparian buffer rules allows the Division or the Environmental Monagement Commission to grant a
variance when there ore practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian
buffer protection.
l. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from
ormake reasonable use ofyour property. Merely proving that the variance would permit a greater profit from the property
shall not beconsidered adequate justification for avariance. The Division will consider whether the variance isthe minimum
possible deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
The subject parcel hadapneexistingreddentia|home|ocatedtherenn,andthene4ghborhoodiyadensek/popu|ateddisthct
within the city limits of Durham, and within 1.5 miles of the central business district of the City of Durham. There are
residential homes located on all lots surrounding the subject parcel. The pre-existing home on the subject lot is located
within Zone 2ofthe Neuse Riparian Buffer and its construction appears tnhave pre -dated the creation ofthe Neuse Buffer.
The issue in this request is not about whether the applicant will be able to secure the greatest financial return on its financial
investment, but instead is whether the applicant will be able to secure any return on its investment without approval of a
Major Variance. Applicant is a small, family run business and has operated within neighboring areas of 611 N. Elizabeth St.
FORM: VAR 10-2013 Page 5 of 8

within the city limits of Durham on more than 20 prior projects (get exact # building permits issued to CCPS). On each
project, applicant orders a lot survey with house location located thereon, and surrounding streams, creeks, lakes or other
waterways, which is sent to the City of Durham as a part of their building permit application. This is more than the City of
Durham requires, and in this case, the survey and plot plan provided to the city with the building permit application showed
the creek/stream location. The survey and plot plan were reviewed by the City of Durham along with the application, and a
building permit was issued without warning or notice of the Neuse Riparian Buffer zones located on the lot. Applicant was
not aware that the lot contained such a buffer and was never informed by any third party or city employee prior to receipt of
a letter and Notice of Violation dated April 14, 2016 from the State of North Carolina Water Resources and Environmental
Quality Department. W.C. Blalock, Chief Building Inspector,
Durham City -County Inspections Department, informed counsel for the applicant that "newer employees had reviewed this
permit application, and they paid more attention to the structure than to the creek located on the survey, and they missed
it." In addition, Mr. Blalock also stated that he had received more information from the lot owner than he normally receives
in the building permit application process, and that normally the City would not be provided enough information to be able
to determine whether there was an existing stream, creek waterway or a state mandated buffer zone; however, in this case,
the survey and plot plan provided to the City of Durham did, in fact, clearly show the path of the stream along the rear
property boundary of the subject parcel. Which put the city on notice of the stream prior to issuing a building permit. Mr.
Blalock's comment indicates that his staff should have determined the existence of the Neuse Riparian Buffer and that the
proposed structure would be violative of both Zones 1 and 2 thereof. Thus, the commencement of construction, to the point
of framing the structure in its entirety and installing a roof on the two story home had been completed prior to issuance of a
stop work order on this project. Oddly, photos attached to the letter were date stamped April 6, 2016, and the photos show
only the 1St story framed at the time, and would the lot owner have been provided with notice of an anticipated violation on
or before the time when the photograph was taken, there would have been significantly less expense involved in moving the
structure to a location within the footprint of the previous structure. At this time, the estimate of the cost to move the home
to another location on the lot is approximately $20,000.00, although the home would still be located within Zone 2, and
would require relief from the State of North Carolina in the form of a variance, to proceed with construction. As a result, the
applicant, which secured a mortgage loan to acquire the parcel and for construction of the residence to be located thereon,
and the lender, who has invested capital in this project and anticipated investing additional funds into future projects located
in the City of Durham, will lose money on this project and potentially impact the continued viability of the applicants ability
to continue in its current business — money that we believe would not have been lost had the City of Durham reviewed the
survey and plot plan submitted in the permit application process. It is the desire of the applicant to continue with this
project, with the understanding that it will undertake remediation measures to disperse flow of runoff and also to re -
vegetate the lot in a manner that complies with both 15A NCAC 02B, et seq., and the City of Durham Unified Ordinance.
Absent a major variance being issued, the subject parcel will not be a buildable parcel. With the area where the subject
parcel is located already being a densely populated city neighborhood, the best use of the parcel is for a single family
residential home, which is what the lot has always been used for, prior to the acquisition of the lot in November 2015 by the
applicant. Furthermore, the quality of construction that has been approved by the City of Durham for this lot is above that
which previously existed on the lot, and will benefit the neighborhood and the city in a significant manner, if a major variance
is approved and the project is completed, as planned, with remedial measures added to the project scope that will re -
vegetate the land in the affected zones and disperse concentrated flow of runoff to the stream.
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).
The parcel has always been used for residential purposes with a pre-existing home being located thereon when the current
owner purchased the lot in November 2015. Residential use in a city neighborhood that is densely populated with residential
homes on all sides of the lot make such continued use the best possible use for the lot Not only is there an extreme financial
hardship that would be created should a major variance not be granted but there is not other location on the lot where a
residential home could be constructed without issuance of a variance. There are also no other detriments to building on the
subject parcel but for the existence of the Neuse Riparian Buffer.
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. (***Tony/ Terry to add)
The stream running through the back corner and adjacent property limits our building envelope To the point where we
can't provide a desired dwelling footprint The required city setbacks in conjunction with the state required buffers were not
compliant on the previous dwelling either. We attempted to turn in any and all pertinent data/information to the city for plan
review, including a watershed map that didn't alert anybody at that time on the placement of the home on this lot In
FORM: VAR 10-2013 Page 6 of 8

conclusion, we could have done a better compliant placement of the dwelling had the city provided,.a.ny knowledge of a possible
intermitted stream and buffer re.guirements. We would have been able to rectify the situation at that time by providing a more
compliant placement of the structure.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
Unknowingly. Art initial survey and plot plan..was prepared..prior to requesting a building permit from the City of Durham,
which showed the location of a creek running through a rear property boundary and corner of the subLect parcel. Applicant
was unaware of the existence of the Neuse Buffer being applicable to the creek referenced on the survey I plot plat, and
after submission to the City of Durham, the building permit was issued, also without reference to the Neuse Buffer Zones and
the location of the proposed structure. The approved building permit was provided to the applicant after full disclosure of
the creek location, parcel identification information and survey / plot plan, but the Citv of Durham also failed to identify the
Neuse Buffer in their review. Applicant would. have requested a variance or changed the location of the structure had it
known of the Buffer location in advance of being issued a building permit, or after the request for a building permit was
made by applicant. However, Applicant proceeded with construction upon being granted its building permit, still without any
knowledge of the Neuse Buffer zones located on the subject property
5. For Neuse, TarfPam|icn,Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer Rule and then request avariance?
Yes. However, and as specifically stated above.in Paragraph 4L.an initial survey and plot plan was prepared prior to requesting
a building permit from the City of Durham, which showed the location of a creek running through a rear property boundary
and corner of the subject parcel. Applicant was unaware of the existence of the Neuse Buffer being applicable to the creek
referenced on the survey / plot plat, and after submission to the City of Durham, the buildin i
. g permit was ssued, also without
reference to the Neuse Buffer Zones and the location of the proposed structure. The approved building permit was provided
to the applicant after full disclosure of the creek location, parcel identification information and survey / plot plan, but the
City of Durham also failed to identify the Neuse Buffer in their review. Applicant would have requested a variance or changed
the location of the structure had it known of the Buffer location in advance of being issued a building permit, or after the
request for a building permit was made by applicant. However, Applicant proceeded with construction upon being granted its
building permit, still, without any knowledge of the Neuse Buffer zones located on the subject property.
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
There was a prior residential structure located at 611 N. Elizabeth Street at the time when applicant purchased the parc I in
November 2015. Applicant has exhausted siRnificant financial resources in the beautification of the neighborhood where the
subject parcel is 12cated in Durham, by purchasing old homes and either re -building or tearing down and building a new
structure on site, all single family residences. This has resulted in entire neighborhoods being rejuvenated by applicant in the
subject area. in this case, since a home was located on site that applicant has later learned was also situated within the
Neuse Buffer, and since applicaLit was not informed by the City.of Durham of the existence of the Buffer at the time of
requesting their building permit with an attached plot plan and survey, the issue raised in this request for a Major Variance is
unique to this parcel, and applicant does not believe that a building permit should have been issued, since sufficient
identifying information and surveys were provided to the City in advance of issuance of the building permit. Applicant has
previously been denied building permits on other parcels where the City of Durham finds such Buffer zones or other matters
that might prevent a structure to be located on the parcel, and such did not occur for this parcel and would have prevented
the violation from occurring.
F. Deed Restrictions
Byyour signature inSection Gofthisapp|icatur\youcerdfythataUstmctum|gonnwaterB[WPsrequiredbythisvahanceshaU
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.
FORM: VAR 10-2013 Page 7 of 8

G. Applicant's Certification
I, Kristi Thayer, President, Capital City Propertv Solutions Inc (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:
IXV
Date: tai l 1
FORM: VAR 10-2013 Page 8 of 8

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EBX Buffer Mitigation Banks
Statement of Availability June 13, 2016
NC Division of Water Resources
Ms. Jennifer Burdette
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604
Re Project: 611 N Elizabeth Street, Durham, NC
This document confirms that Patterson Custom Builders (Applicant) for the 611 N Elizabeth Street
(Project) has expressed an interest to utilize 1,680 Square Feet of Riparian Buffer Mitigation Credits
from either of the EBX sponsored Banks: EBX-EM Forrest Creek Riparian Buffer Mitigation Bank or
EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. The specific bank site to be debited will
be either be Cedar Grove, Hatley, or Forrest Creek, all located in HUC 03020201 and in the Falls Lake
watershed. As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for
reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1052 or [e-mail] if you have any questions or need additional
information.
Best Regards,
e44— h
Cara S. Conder
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605

Permit Number:
(to be provided by DWR)
11 "' 111111111, 11111111111,1111 Pill Pill �illilli�illillill� 11111 11��1111 �1;�1111
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important operation and maintenance procedures:
• Water every 7-10 days without adequate rainfall (1" per week) until plants
become established; usually takes the first year. Once established, plants should
be watered in long periods of drought.
• Fertilizers are typically not necessary.
• Refresh mulch annually. Loosen existing mulch and add only if needed up to 3
inches of mulch. Best times to mulch are after 1st frost in fall or after last frost in
spring, otherwise the plants could be insulated too soon. Un -mulched surfaces
may develop into a hardpan, a condition in which the soil surface becomes
cemented together, forming a hard, impervious layer. Make sure mulch is only 3-
4 inches; too much mulch will reduce ponding and function of rain garden.
• Weed regularly during plant establishment, as newly planted species may have a
tough time competing with weeds. Once plants become established, less weeding
will be required.
• Pruning to let some of the other plants grow. In the winter, leave dormant plants
standing and deadheads for bird food. Cut back in the spring.
• Keep garden healthy and clean. Rain gardens should be periodically cleared of
dead vegetation and any debris that may collect. Replanting may be necessary
over time. If a plant is not doing so well in one location of the garden, it may
have to be moved to a wetter or dryer area.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
Rain Garden Maintenance Tasks and Schedule
Task
Shedule
Prevent soil erosion
Keep watch on out parcels and
parking lot use
Trash removal
Weekly
Pruning
Annual
Mulch renewal
After 15t frost in fall or last frost in
sprin
Weeding and plant
replacement
As needed
Remove sediment
As needed or during mulch renewal
Perimeter mowing
As needed, keep clippings out of
rain garden
Rain Garden O&M Page 1 of 2

Permit Number:
(to be provided by DWR)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWR of any
problems with the system or prior to any changes to the system or responsible party.
Project name:
Rain garden drainage area number:
Print name:
Title:
Address:
Phone:
Signature:_
Date:
1,
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this
day of , and acknowledge the due execution of the
forgoing bioretention maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires
Rain Garden O&M Page 2 of 2

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