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HomeMy WebLinkAbout20160566 Ver 1_WQC Application_20160815PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES: ❑ Neuse River Basin (15A NCAC 02B.0233) x Major Variance ❑ Minor Variance El Catawba Catawba River Basin (15A NCAC 02B.0243) e C ❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250) ❑ Major Variance ❑ Minor Variance ❑ Tar -Pamlico River Basin (15A NCAC 026.0259) ❑ Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 026.0267) ❑ Major Variance ❑ Minor Variance LlGoose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607) p �� a ye A. General Information FIM 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: tone pattersonbuilt.com 2. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: Title: Street Address: City, State & Zip Telephone: Email: FORM: VAR 10-2013 Capital City Property Solutions, Inc Kristi Thayer, President 3200 Glen Royal Rd, Suite 104 Raleigh, NC 27617 919-369-4994 kristi2thayercustomhomes.com 3. Agent Information: 3a. Name: Company Affiliation Street Address: City, State & Zip: Telephone: E-mail: Terry Thaver Vice President 7823 Cape Charles Dr Raleigh, NC 27617 919-697-9579 terry@thayercustomhomes.com 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, orestoblishment 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: 1/27/2016 2/18/16 Single family dwelling new construction permit B. Proposed Activity I. 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 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 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— Permanent (P) or Temporary (T) Reason for Impact Buffer Mitigation Required Zone 1 Impact (square feet) Zone 2 Impact (square feet) B1 - ® P ❑ T Building Construction X Yes ❑ No 230 660 B2 - ® P ❑ T Rain Garden X Yes ❑ No 200 3 B3 - ® P ❑ T Relief Swale X Yes ❑ No 80 B4 - ®P ❑ T Patio X Yes ❑ No 130 111 3077 Total Buffer Impacts 1,411 '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. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. Payment will be made to a private mitigation bank for all permanent impacts including the rain garden to the riparian buffer. Buffer restoration will be completed to mitigate clearing of Zone 1 of the buffer outside the sanitary sewer easement on the lot. 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. A total of 8 trees will be planted within the buffer restoration area (1136 sf) to achieve a density of 260 trees per acre. The plantings will consist of 3 willow oaks (Quercus phellos), 3 red maples (Acer rubrum) and 2 flowering dogwoods (Cornus Florida) and will be evenly spaced within the restoration area shown on the site plan. Planting will occur during November, 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 6 Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 1' 640 3 1,920 (2 for Catawba only) Zone 2 771 1.5 1,157 Total Buffer Mitigation Required: 3077 'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. Payment will be made to a private mitigation bank for all permanent impacts including the rain garden to the riparian buffer. Buffer restoration will be completed to mitigate clearing of Zone 1 of the buffer outside the sanitary sewer easement on the lot. 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. A total of 8 trees will be planted within the buffer restoration area (1136 sf) to achieve a density of 260 trees per acre. The plantings will consist of 3 willow oaks (Quercus phellos), 3 red maples (Acer rubrum) and 2 flowering dogwoods (Cornus Florida) and will be evenly spaced within the restoration area shown on the site plan. Planting will occur during November, 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 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.). 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 1a. 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. 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 (BMPs) that will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater. We will be constructing a 200 sq.ft. SMP/rain garden All surface runoff from structure will be directed thru rain garden 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 The variance provision of the riparian bufferrules 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. 1. 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. The subject parcel had a pre-existing residential home located thereon, and the neighborhood is a densely populated district 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 2 of the Neuse Riparian Buffer and its construction appears to have pre -dated the creation of the 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 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 bulldin 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 cant 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 any knowledge of a possible intermitted stream and buffer_ requirements. 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. 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 lot 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 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 re nest 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, 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? Yes. However, and as specifically stated above in Paragraph 4 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 building permit was issued also without reference to the Neuse Buffer Zones and the location of the proposed structure. The approved buildingpermit 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 parcel in November 2015. Applicant has exhausted significant financial resources in the beautification of the neighborhood where the subject parcel is located 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 applicant 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 fora 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 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. FORM: VAR 10-2013 Page 7 of 8 G. Applicant's Certification I, Kristi Thayer President Capital City Property 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. 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Neuse 03020201 River Basin (Falls Lake Basin) Applicable Local Government/Municipality jurisdiction: NC Division of Water Recourses Dear Mr. Miller: Wildlands Holdings II, LLC has the above mentioned Riparian Buffer Credits from the North Fork Little River Nutrient Offset and Buffer Bank, to satisfy the Riparian Buffer mitigation requirements related to the above mentioned project. The Project is located within the service area (HUC 03020201— Falls Lake Basin) of the Bank. An invoice for this transaction will be sent upon your request and we will reserve the credits for a period of 30 days from invoice. This letter is not a guarantee of availability or a reservation of the credits. If credits are not available when needed your permit will need to be updated to reflect that the credits will be purchased from the Division of Mitigation Services or from another mitigation bank. Final transfer of the credits will be made upon full receipt of your payment to Wildlands Holding II, LLC, at which time a credit transfer certificate verifying your credit purchase will be issued to the North Carolina Division of Water Resources and to you for your records. At that time we will require a copy of the Riparian Buffer Authorization Approval from NC Division of Water Resources. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 719- 2100 or rbugg@wildlandseng.com if you have any questions or need any additional information. Sincerely, Robert W. Bugg Wildlands Engineering, Inc. Director: Land Acquisition rbuIM@wildlandseng.com 0: (704) 332-7754 ex. 105 M: (704) 719-2100 Wildlands Holding II, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Charlotte, NC 28203 d C� (to be provided by D WR) IT UA M -Um 1 0 U C M. I I i I t 1 a i I t I ks= 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 _pa�lotuse Trash removal Weekly Pruning ....... Annual, Mulch renewal After 19t frost in fall or last frost in spr!!!g 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 I of 2 C, Permit Number: (to be provided by D WR) 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: () ( I � � ( I 2,ako&Nj - N V� ant Rain garden drainage area number: Print name: KcI 's-koc I T qa'�ele Title: V( P(61 Address: 32-001 Signature: Date: 0 1, X,)nA-Zc4-7- —, a Notary Public for the State of lJ*'-' County of e4c �- , do hereby certify that personally appeared before me this /7f"N day of IT(AK. re' 20 16 , and acknowledge the due execution of the forgoing bioretention maintenance requirements. Witness my hand and official seal, RONALD J, ANTONELLI Notary Public, North =Carolina Carolina Wake County ,ss My Commission Expires January 1 1 , 2020 SEAL My commission expires ►�i ( Rain Garden O&M Page 2 of 2