20170244 Ver 1_Riparian Buffer Authorization_20170227

State of North Carolina
DWI
Department of Environment and Natural Resources IR
Division of Water Resources
15A NCAC 0213.0233 (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 028.0233)
❑ Major Variance X Minor Variance
❑ Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 0213.0250)
❑ Major Variance d Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 028.0259)
❑ Major Variance n 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.0607)
A. General information
1. Applicant's Information(if other than the current property owner):
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name: Joseph Pelissier
Title:
Street Address:
City, State & Zip
Telephone:
Email:
FORM: VAR 10-2013
Owner
111 Lochview Dr.
Cary
503-789-3074
jpelissi@hotmail.

3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
City, State & Zip,-
Telephone:
ip:Telephone:
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 dame (Subdivision, facility, or establishment name):
Pelissier Property Deck
5. Project Location:
5a. Street Address: 111 Lochview Dr
City, State & Zip: Cary, NC 2751.8
5b. County: Wa
Sc. Site Coordinates (in decimal degrees): 35.730459 Latitude -78.767265 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 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): PIN: 0762900895
6b. Date property was purchased: 6/26/2016
6c. Deed book 016434 and page number 02572
6d. Map book 1988 and page number 813
6e. Attach a copy of the recorded reap 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)?
7b_ If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
FORM. VAR 10-2013 Page 2 of 6

8. Directions to site from nearest major intersection:
From Intersection of SE Cary Parkway and Lochmere Dr, proceed south on Lochmere Dr., turn right on to Lochview Dr, site
Is located on right at 111 Lochview Dr.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
WS -III, NSW
Lynn Branch
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES Ei 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
1a. Provide a detailed description of the proposed activity including its purpose:
Construct small deck to provide access to stairs and dock. The only impact is the installation of two post footings_
The overall size of the deck is 8 x 12 feet 96 sq. feet of which aPProximately 64 sq feet are within zone 2 of riparian buffer
There is no change to existing contours.
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 ftZon 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
FORM: VAR 10-2013 Page 3 of 6

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'—
Reason for Impact Buffer Zone 1 Impact
Zone 2 Impact
Permanent (P) or
Mitigation (square feet)
(square feet)
Temporary (T)
Required
(square feet)
61 P ❑ T
X Yes ❑ No
64
B2 -❑P 0
❑ Yes cNo
B3 -❑P D
❑Yes❑No
Zone 2
64
Total Buffer Impacts
64
el 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.
ror projects in the Uoose Creels 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.
Planting of shore muniger on ourparoperty at a minimum of an W ft. grid
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.
3b. Is payment into a buffer restoration fund proposed? ❑ Yes X 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 11
3
(2 for Catawba only)
Zone 2
64
1.5
96
Total Buffer Mitigation Required:
96
ror projects in the Uoose Creels 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.
Planting of shore muniger on ourparoperty at a minimum of an W ft. grid
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.
3b. Is payment into a buffer restoration fund proposed? ❑ Yes X 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.).
The proposed activity has no impact on the diffuse flow of storm water and there currently exists no concentrated storm
water flow. The planting of juniper ground cover mentioned above will improve the existing diverse flow of storm
1a. Show the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or SMP 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.
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 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.
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.
Currently there is no safe access from our home to our dock on the lake. The current access includes an in -ground stairs stem
that has 11 inch rises and does not meet code. It is necessary to provide a new access to the new stairs stem to provide
reasonable access to the dock and thus reasonable use of the prop?rty. The proposed will improve the quality of the buffer b
allowing us to remove the in ground stairs and re-ve etatin the area preventing run-off.
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).
There are no impacts from zoning rules setbacks etc. The objective is to provide safe access down a steep slope to the boat
Dock and toimprovethe quality of the existing buffer
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.
Thero er has the steepest slope on Lake Lochmere requiring a properly designed stair system to access the boat dock. This
pro ect is part of the new stairs stem.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The applicat has not knowingly or unknowingly violated the Buffer Rule. In fact the applicate wishes to increase the quality
of the buffer on his property as part of this pro9ect.
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, the property was purchased in 2016, and this is the first application for a variance by the applicant.
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
The Property has an approximately 40% grade from the house to the boat dock probably the steepest on Lake Lochmere.
F. Deed Restrictions
By your signature in Section 6 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, Joseph E Pelissier (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 pians and that the deed restrictions in accordance with Section F of this form will be recorded
with all required permit nditions.
t
Signature:
Date: 2 2-' I 7
FORM: VAR 10-2013 Page 6 of 6

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