20180045 Ver 1_Minor Variance_20180108

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State of North Carolina
DWR Department of Environment and Natural Resources
Division of Water Resources
DtvWon of Water Resources
15A NCAC 025 .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:
O Neuse River Basin (15A NCAC 028.0233)
❑ Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 026.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 026.0250)
M Major variance ❑ Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 026.0259)
❑ Major Variance ❑ Minor variance
u Jordan Lake Water Supply Nutrient Strategy (15A NCAC 026.0267)
Major Variance a Minor Variance
❑ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 028.0607)
A. General Information
1. Applicant's Information(if other than the current property owner):
U
JAN 0 8 2018
DEO-WATER-S
401 &BUFFER PERMITTING
Name:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name: Delano Riddle Borys
-T-ifiwl jSs -- 4-0.4<�
Street Address: 661 Saqamore Drive
City, State & Zip: Louisburg, NC 27549
Telephone:
Email:
FORM: VAR 10-2013
252-478-2913
N/A
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3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
City, State & Zip:
Telephone:
E-mail;
N/A
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):
661 Sa gamore Drive
5, Project Location:
5a. Street Address: 661 Sagamore Drive
City, State & Zip: Louisburg, NC 27549
5b. County: Franklin
5c. Site Coordinates (in decimal degrees): 35.956690° Latitude -78.1937060 Longitude
5d. Attach an 8 Y x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site.
Se. Attach an 8'/2 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): 021440
6b. Date property was purchased: 09/11/1998
6c. Deed book 1869 and page number 737
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)?
0 YES ❑ 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
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8. Directions to site from nearest major intersection:
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
Water Quality.Classification
Cypress Creek (Lake Royale)
B; NSW
9a, For Goose Creek only: Is the buffer in the 100 -year floodplain? c YES o NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied:
Nevi
B. Proposed Activity
Date Received: Permit Type:
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
The plan is for a 24'x 24' detached garage to be built near the front door of the property. Based on driveway
location eight feet of the garage is proposed to be constructed within Zone 2 of the buffer.
1 b. Attach a site plan showing the following items as applicable to the project: f} y -r(-( �[ P �-, S �, 0 VJ
0 Development/Project name 1,e- r e wi e nt5
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
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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
b�ti�F�
Required
Zone
Number' —
Reason for Impact
Buffer
Zone 1
Zone 2
Permanent (P) or
(square feet
Mitigation
Impact
Impact
Temporary T
Zone 2
Required
(square feet
(square feet
B1 -UP T
Constructing Garage
Noes a
0
192
B2 - El P ❑ T
❑ Yes ❑
No
B3 -[IP ❑7
❑ Yes ❑
No
Total Buffer Impacts
'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 butter 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.
rU�tir�t'7rc,
b�ti�F�
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet
(square feet
Zone 1''
3
2 for Catawba only)
Zone 2
1.5
Total Buffer Miti ation Required:
'For projects in the Goose Creek Watershed, list all riparian butter 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.
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3a. Is buffer restoration or enhancement proposed? u Yes a 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? u 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.
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D. Stomnwater
1. Provide a description of how diffuse flow will be maintained through the protected header t ann buffers (e.g., runoff from vegetation or enhancement of existing vegetation, g pads,
impervious surfaces, etc.).
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la. Show the location of diffuse flow measure(s) on your site plan.S t, �•1 €'' ` �°�
1 b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for
each proposed measure.
1 c. 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 Foran 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
1.
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission
to grant a variance when there are practical di8ricultfes or unnecessary hardships that prevent compliance with the
strict letter of riparian buffer protection.
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
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FORM: VAR 10-2013
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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).
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3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is
different fr m that of neighboring property. 1
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4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer
Rule.
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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?
No Property was purchased September 11 1998
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this
variance sfiall 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
1, e_\ 1ho R.11te g ©k y S _ (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 per n itions.
Signature: ojo_
Date: k0,_ 4,, '-7, ,D_DJ %
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FORM: VAR 10-2013
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