20080493 Ver 1_Minor Variance_20080314

pkwl<
WDICKSON
community infrastructure consultants
14 March 2008
Ms. Amy Chapman
Buffer Coordinator
NC Division of Water Quality
Wetlands and Stormwater Branch
2321 Crabtree Blvd.
Raleigh, NC 27604
0 8 0 4 9 3
Re: Minor Tar-Pamlico Riparian Buffer Variance Request - Southern Blvd. - Rocky Mount, Nash
County, NC
Ms. Chapman:
Enclosed please find Mr. Landon Shuff's request for a minor variance from the Tar-Pamlico Riparian
Buffer Rules (15A NCAC 02B.0259). Mr. Shuff purchased Nash County parcel 384116824911 in
1974 and parcel 384116824981 in 1971. He planned to build homes on them but, after the Tar-
Pamlico Riparian Buffer Rules came into effect he has not proceeded with development.
Mr. Shuff plans to have the parcels combined and sell them to Mr. Hall Thorp, with whom you and I
met on 14 February 2008. If the variance request is granted, Mr. Thorp plans to construct a single
family home for himself and his family, centered in the combined parcel. In order to be able to
design a home that is consistent with the surrounding neighborhood, Mr. Thorp's planned design
includes impacts to 275 square feet of impacts to Zone 2 of the Tar-Pamlico Riparian Buffers
adjacent to the unnamed tributary to Goose Branch in USGS Cataloging Unit. Because stormwater
best management structures are required to receive flows from the impacted area, a rain garden
has been designed. Because of the site's topography it will also have to be in Zone 2.
The rain garden, its collection and conveyance pipes, and its energy dissipater will occupy an
additional 100 square feet of Zone 2. The total proposed impacts to Zone 2 of the Tar-Pamlico
Riparian Buffers are therefore 375 square feet.
RE 0 W [2
MAR 1 4 2008
DENR • WATER QUAUTY
IhFLANDS AND STnRMWATER BRANCH
C 0 0 ; * FIondia
I have requested riparian buffer mitigation credits from the North Carolina Ecosystem Enhancement
Program and will provide their response as soon as it's received.
Should you have any questions or require clarification on any point, please call.
Sincerely,

Ward Marotti
Project Manager
P.S. I with you and your son a safe and healthy delivery.
Attachment: Minor Tar-Pamlico Riparian Buffer Variance Request
c/fe/97084/5-7asbil. doc
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality 0 8 0 4 9 3
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.
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 026 .0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property): Landon
Shuff

2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Landon Shuff
Title: Owner
Street address: 11415 Fenner Road
City, State, Zip: Rocky Mount, NC 27804
.0

Telephone: [phone]
Fax:
3. Contact person who can answer questions about the proposed project: DENR WAFER
U
Name: Ward Marotti - WK Dickson A
W LMOSANDST
oRMW

Telephone: [phone] ATER
ER l3RAN?Ek
Fax: [phone]
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Thorp Single Family Home

5. Project Location:
Street address: Lots four (4) and five (5) Blk I Bunn (Nash County Tax Parcels
384116824981 and 384116824911) Southern Boulevard
City, State, Zip: Rocky Mount, NC
County: Nash
Latitude/longitude: 36 58' 41.35" N: 77 49' 18.51" W
Version 2: November 2002
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
From US 64 travel north on Winstead Avenue approximately 0.78 mile, turn right (Southeast)
onto Hunter Hill Road (NC1604) and travel 0.91 mile, turn north on Southern Boulevard. The
road turns sharply to the east after 0.2 mile. The parcels in question are on the south side of
the road, 0.27 mile east of the curve, lust east of the tennis courts located on the north side of
the road.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): _
UT to Goose Branch, approximately 840 feet west of its confluence, and culvert under
Country Club Road (SR 161661
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: C NSW
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) None Necessary
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient)
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 ftz.]:
Upon approval of the proposed impacts of 375 sauare feet of Zone 2 Tar-Pamlico Riparian
Buffers, two existing Nash County parcels will be combined. A new single-family home with a
plan-view footprint of approximately 3,100 square feet will be constructed. In addition to the
home driveway access and a 400 square foot patio will be constructed. The proposed patio
design will occupy, and therefore impact 205 square feet of Zone 2 of the Tar-Pamlico
Riparian Buffers. The home will occupy 20 square feet of Zone 2 and the driveway will
occupy 50 square feet. As required by the buffer variance, a 60 square foot rain garden will
be constructed inside Zone 2. Pipes collecting and delivering water from a one inch storm
event will occupv 35 sauare feet, and a flow dissipater. which will reduce flow volume. will
occupy five square feet
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:
The proiect presented herein was modified from its oriainal design to reduce Tar-Pamlico
Riparian Buffer impacts to the maximum extent practicable. The original design would have
occupied approximately 4,800 square feet and impacted at least 1,360 square feet of Zone 2.
The house is being sized and placed to be consistent with the surrounding neighborhood.
Variance Request Form, page 2
Version 2: November 2000
most of which was constructed prior to 1990 (before the Tar-Pamlico Riparian Buffer Rules
came into effect).
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.):
As part of the construction and landscaping of the proposed single family residence, a rain
garden will be constructed to offset the 375 square feet of impervious surface that is
proposed to be constructed inside Zone 2 of Tar-Pamlico Riparian Buffers along Goose
Branch's UT. The rain garden will be 60 square feet and average seven inches in depth. It
will be able to accommodate a one inch storm event from 375 square feet of impervious
surface
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
If the Tar-Pamlico Riparian Buffer Rules were followed and no impacts occurred, the home
would not be able to be designed to accommodate uses common in the area, and would
therefore not be able to be combined into a larger lot with a single home.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
All surrounding lots had houses constructed on them prior to enactment of the buffer rules.
The parcels in question, therefore, are the only undeveloped ones in the vicinity.
(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.
Because of the enactment of the buffer rules, and the resulting limits to their developable
area, the parcels have considerably decreased in value. They could, however, remain as
individual lots and each could have a house constructed on most of the area outside the
buffer. This would add significantly to impervious surface area and not require any
stormwater BMPs to be installed. The net result would be a significantly increased volume of
stormwater flows traveling down a steep slope, untreated, which would result in decreased
water quality.
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.
Variance Request Form, page 3
Version 2: November 2000
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:
Fax:
Email:
Part 5: Applicant's Certification
I, Landon Shuff (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 ,,*RI be recgMed with all required permit conditions.
?ccf?.t-r
Signature:
Date:
Title:
After/if the variance is approved, I, Landon Shuff, shall sell Nash County parcels 384116824981
and 384116824911 to Mr. Hall Thorp for the construction of the single family home referenced
above and in the attached Figure 2. This site specific minor Variance to the Tar-Pamlico Riparian
Buffer Rules shall be conveyed with the title (i.e. once the title is transferred, so will the variance).
Mr. Thorp will be authorized to proceed with the specific design and development of the parcels
portrayed above, and in the attached Figure 2.
Variance Request Form, page 4
Version 2: November 2000
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 2/2612008
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Valerie MitchenerAncmail.net. Attachments are acceptable for clarification
purposes (location map is required).
CONTACT INFORMATION j APP ICANT'S AGENT (optional) APPLICANT j
1. Business or Individual Name
- I
2. Street Address or P O Box 72(j a e ?, I ids
3. City, State, Zip ic 2 D
4. Contact Person
i#
5. Telephone Number 7V 719 Z - C)9
6. Fax Number I /o _ Z _ W( 2
7. E-Mall Address (optional) 1 1-1,41q 1-of?
PROJECT INFORMATION
8. Project Name
9. Project Location (nearest town, city)
ATTACH MAP SHOWING IMPACT LOCATIO
10. Lat-Long Coordinates (optional)
11. Project County -
12. River Basin
13. Cataloging Unit (8-digit) (see Note 1)
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
16. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234]
(See Note 2)
? R S/t
-/DNE ---
Warm Cool ; Cold
Zone 1: Zone 2: OYOW
USACE: DWQ:
i Check U below if this request is a: I Signature VAppli ant or Agent:
i
_ revision to a current acceptance, or
resubmission of an expired acceptance ! s
- - - --- ------ . ......... Date:
---- -- -- - -- - -
.-._? G1`G-???------------
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
gyp://cfpub.ena.gov/surf/locatefindex.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
http /lwww saw usace armv miVWETLANDS/Mitigation/Documents!Stream/Appendices/Aopendixl pdf
Note 3. Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Valerie Mitchener at 919-715-1973 or [e-mail]
18. Buffer Impact-Zone (sq. ft.) (e.g. 12,345)
(See Note 3)
19. Regulatory Agency Staff Contacts
(Indicate names, if known)
20.Other Regulatory ID Information
USACE Action ID, if known)
IMPORTANT