Pathan Pool House - Variance Application 050517

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources

15A NCAC 02B .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

FORM: VAR 10-2013

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 02B.0243)

 Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
□ Major Variance □ Minor Variance

 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 02B.0606 & 15A NCAC 02B.0607)

A. General Information

1. Applicant’s Information(if other than the current property owner):

Name: Ayaz Pathan

Title: Owner

Street Address: 111 Devonbrook Lane

City, State & Zip: Cary, NC 27518

Telephone: [phone]

Email: [e-mail]

2. Property Owner/Signing Official (person legally responsible for the property and its compliance ):

Name: Ayaz Pathan

Title: Owner

Street Address: 111 Devonbrook Lane

City, State & Zip: Cary, NC 27518

Telephone: [phone]

Email: [e-mail]
FORM: VAR 10-2013 Page 2 of 6

3. Agent Information:

3a. Name: Ayaz Pathan

Company Affiliation: Owner

Street Address: 111 Devonbrook Lane

City, State & Zip: Cary, NC 27518

Telephone: [phone]

E-mail: [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 ):

Pathan Pool House

5. Project Location:

5a. Street Address: 111 Devonbrook Lane

City, State & Zip: Cary, NC 27518

5b. County: Wake

5c. Site Coordinates (in decimal degrees): 35°43'11.3"N Latitude 78°48'03.6"W Longitude

5d. Attach an 8 ½ x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.

5e. Attach an 8 ½ 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): 075112960979

6b. Date property was purchased: 4-29-2015

6c. Deed book 15995 and page number 2563

6d. Map book and page number

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)?

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 3 of 6

8. Directions to site from nearest major intersection:

Go North on Ederlee Drive while heading East on Penny Road. Take the second left onto Kendleton Place. First left

onto Devonbrook Lane. The third house on the left is 111 Devonbrook Lane.

9. Stream associated with riparian buffer to be impacted by the proposed activity:

Name Water Quality Classification
Unnamed tributary to Regency Lake Park, Swift
Creek

WS-lll, NSW

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:

B. Proposed Activity

1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:

Rain gardens and payment to buffer restoration fund are proposed for the encroachment of the existing building

corner, pool equipment shed and pool patio into Zone 1 and Zone 2 as shown on the attached survey.

1b. Attach a site plan showing the following items as applicable to the project:
 Development/Project name
 Revision number & date
 North arrow
 Scale (1” = 50’ is preferred)
 Property/project boundary with dimensions
 Adjacent streets and roads labeled with names and/or NC State Road numbers
 Original contours and proposed contours
 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
 Mean high water line (if applicable)
 Wetlands delineated, or a note on plans that none exist
 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
 Location and dimension of the proposed buffer impact (label the area of buffer impact in ft2 on the plan)
 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
FORM: VAR 10-2013 Page 4 of 6
 Footprint of any proposed buildings or other structures
 Discharge points of gutters on existing structures and proposed buildings
 Existing drainage (including off-site), drainage easements, and pipe dimensions
 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
Number1 –
Permanent (P) or
Temporary (T)

Reason for Impact

Buffer
Mitigation
Required

Zone 1 Impact
(square feet)

Zone 2 Impact
(square feet)
B1 - x P T Pool House & Garage x Yes □ No 39 Sq Ft
B2 - x P T Pool House & Patio □ Yes x No 663 Sq Ft
B3 - P T □ Yes □ No
Total Buffer Impacts 702 Sq Ft
1Label 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.

Zone

Total Impact
(square feet)

Multiplier
Required
Mitigation
(square feet)
Zone 11 39 Sq Ft 3
(2 for Catawba only)
117 Sq Ft
Zone 2 663 Sq Ft 1.5 995 Sq Ft
Total Buffer Mitigation Required: 1112 Sq Ft
1For 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 to Wildlands Holdings II, LLC, mitigation bank.

Statement of availability attached

3a. Is buffer restoration or enhancement proposed? □ Yes x 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? 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 5 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.).

Down spouts at the pool house and garage are going to be disconnected and routed to splash block

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.

Two rain garden areas will be provided due to the seperation distance in the east-side gutter discharge pipes.

(i). The north rain garden can go just below the existing vegetable garden adjacent the fence. The plants listed are substitutable
but are proven, low-maintenance & pretty. The 5 clethra (Summersweet) would go against the fence and the others would
waterfall towards the front where the low-growing daylilies & dwarf grass would be.
(ii). The south garden would be below the double pipes (see photo) and would have no clethra and mostly low -growing flowers. I
did not have a better photo than the 1 attached.
(iii). South garden alternative- combine the two 4” drainage pipes into one 6” diameter pipe & extend towards the fence. This
would get it away from the center beds/steps.
(iv). Combined garden- Extend the north & south drainage pipes towards the area depicted in the “combined rain garden”
photo. This area is on the terrace just uphill from the treehouse.

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 Commissi on to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of rip arian
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
FORM: VAR 10-2013 Page 6 of 6
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 purchase of this structure was assumed to be in compliance with state and city regulations. There were no red flags at
closing based on standard procedures by both the closing attorney and lender (BB&T). Even after a survey was completed it
was not discovered that this structure (which has existed for over 10 years) did not meet compliance with the ripari an buffer
provisions. It was only when the Town of Cary was approached for potential internal changes to the structure was it discover ed
that there was a violation of the riparian buffer. It is unclear at this point how much prior knowledge of this viola tion the prior
owner or selling agent had at the time of sale.

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).
Compliance and permitted of the structure from the Town of Cary rightfully requires that the buffer zone is maintained or a
variance granted. Without this variance the structure cannot be permitted by the Town of Cary.

3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is diffe rent
from that of neighboring property.
This structure is a two story brick building in existence for over 10 years. Moving the building itself to fall outside the buffer
would require the full destruction of the structure.

4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The hardship was created by the prior owner who erected this structure and sold the home to me without any indication
that this could or may be a violation of the riparian buffer rules.

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.

6. Explain how the hardship is rare or unique to the applicant’s property, rather than the result of conditions that are widespread.
The hardship has resulted from the purchase of an existing structure presumed to be in complete compliance with all laws
and rules. Large engineered structures, such as this, are rarely allowed to move onto completion without their compliance with
the law.

F. Deed Restrictions

By your signature in Section G of this application, you certify that all structural stormwat er 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, Ayaz Pathan (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:

Date: 05/11/2017