20180105 Ver 1_Riparian Buffer Authorization_20180123

NC Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
January 10, 2018
To Whom It May Concern:
20180105
I am the homeowner of the property located on 3684 Border Creek Court in Denver, North
Carolina. I have reached out to Alan Johnson with NCDENR with my desire to repair an area in
Zone 1 within the Catawba River Basin, which has resulted in my completing an application for
variance with the DWR. Enclosed you will find three copies of all documents requested for this
variance.
Sincerely,
*�Y jot
Chris Scott
[phone]
[JAN 2 3 2018

DWR and Natural Resources
State of North Carolina
Department of Environment
"� Division of Water Resources
Division of Water Resources
15A NCAC 028 .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 ❑ Minor Variance
Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance ❑ Minor Varlance
❑ Tar -Pamlico River Basin (15A NCAC 02B.0259)D M
:3 Major Variance a Minor Variance
Cl Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267) ,JAN 2 3 2018
J Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 028.0606 & 15A NCAC 028.0607)
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: Qhristoaher B. Scott
Title: Property Owner
Street Address: 3684 Border Creek Ct
City, State & Zip: Denver, NC 28037
Telephone: [phone]
ch risbscott@charter. net
Email:
FORM: VAR 10-2013

3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
City, State & Zip:
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 Name (Subdivision, facility, or establishment name):
Westport subdivision
5. Project Location:
5a. Street Address:
City, State & Zip:
5b. County:
3684 Border Creek Ct
Denver, NC 28037
Lincoln County
5c. Site Coordinates (in decimal degrees): 35'5104 Latitude 80'9750 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 K x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
6. Property Information:
4614-26-3469
6a. Property identification number (parcel ID):
6b. Date property was purchased: 7/14/16
6c. Deed book 2600 and page number 683
6d. Map book D and page number 89
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 2 of 6

S. Directions to site from nearest major intersection:
NC -16 to Fairfield Forest Rd
Left on Lake Shore Rd N
Left on Border Creek Ct
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Lake Nonnan
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? o YES a 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:
None
B. Proposed Activity
1. Project Description
la. Provide a detailed description of the proposed activity including its purpose:
Outdoor patio which lies within Zone 1 parameter was not properly
installed, and natural erosion has added to its demise. Licensed
contractor to provide reconstruction of existing patio with like -size
dimensions to ensure long-term structural integriry of patio.'
Sb. 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 ft2 on the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
FORM: VAR 10-2013 Page 3 of 6

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 Zone 1 Impact
Mitigation (square feet)
Required
Zone 2 Impact
(square feet)
81- P T
existing pa o
X Yes ❑ No 700 Rf
(square feet(square
B2 - P T
I
I ❑ Yes o No
3
(2 for Catawba only)14()0
B3 - P T
n Yes o No
Total Buffer Mitigation Required:
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 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.
Through mitigation services
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? N 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'
700
3
(2 for Catawba only)14()0
Zone 2
1.5
Total Buffer 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.
Through mitigation services
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? N 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
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.).
NIA
la. 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.
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.
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.
Homeowner purchased property with existing outdoor patio as a maior asset and attraction to lake property.
It has come to the homeowner's ttention that the patio was constructed out of compliance prior to purchase.
Removing patio in nrdpr to become compliant would hp a digrPcsinn frnm hnmanwner'c reason for
purchasing lake property. Not having an outdoor patio would take away the asset of the beautiful patio area
near lake to sit and relax and enjoy time with friends and family. It also would take away from the value to
the property. Homeowner requests variance and opportunity to pay mitigation fee to repair patio in order to
reach its structural integrity.
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).
- it nomeowner Knew that a Lone 1 vtolanon was in existence prior to purchase and knew the cost of removal
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
ON that of neighboring property.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
* Homeowner purchased the lake property in 2016 with the outdoor patio in mind as an amenity on the lake
Property. The patio was constructed sometime around 2007-2008.
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?
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
* if homeowner knew that there was a Zone 1 violation prior to purchase, homeowner would have walked away
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.
G. Applicant's Certification
Chris Scott
I, (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:
FORM: VAR 10-2013 Page 6 of 6

I M",%
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Midgaffon Services
EMr I*GNMEN TAL QUAL It T
ur:1.;���,
January 2, 2018
Chris Scott
Angelica Scott
3684 Border Creek Ct.
Denver, NC 28037
Project: Scott Patio
Expiration of Acceptance: 7/2/2018
County: Lincoln
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued DWR riparian buffer authorization within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by
an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
Catawba 03050102 Zone 1 Buffer 700
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
Jam . B Stanfill
Asset Management Supervisor
State ofNort6 Carolina i EuviromentalQuality I Mitigation Scrviccs
1652 Mail Service Center kalcigb, NC 27699-1652 i 217 W. Jones StrceS Suite 3000
919 707 $976 T

3684 Border Creek Court (2005 Aerial Photo Graph)
2005
3684 Border Creek Court (2009 Aerial Photo Graph)

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Map with Parcel Information
Lincoln County, NC
Office of the Tax Administrator, GIS Mapping Division
Lincoln County and Its mapping contractors assume no legal responsibility for
the information contained on this map. This map is not to be used for land
conveyance. The map is based on NC State Plane Coordinate System 1983 NAD.
4D Date: 12/21/2017 Scale: 1 Inch = 37 Feet
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14
Page 1 of 1
Parcel ID 31520 Owner
g
District Acres
�
SCOTT ANGFLICA M
R-20 0.47
p
3664 BORDER CREEK CT
Watershed Class
Account 0259141 Address
DENVER NC 28037
WS -IVC 0.47
t�
9
0.47
2000 Census County
Deed
683 Date
7/14/2015 Sale Price
$770,
14
Page 1 of 1
Parcel ID 31520 Owner
SCOTT CHRISTOPHER B
District Acres
WFSTPORT (WP32)
SCOTT ANGFLICA M
R-20 0.47
Map 4614-09 Mailing
3664 BORDER CREEK CT
Watershed Class
Account 0259141 Address
DENVER NC 28037
WS -IVC 0.47
2600- Last Transaction
0.47
2000 Census County
Deed
683 Date
7/14/2015 Sale Price
$770,
Land Value$358,404Total Value
$604,017 Previous
37109
071200 29990.17
Parcel
Flood Zone Description
----- All values are for tax year 2017. -----
Panel
Subdivision Lot P1 14 WEST PORI
Plat
U-89
DescriptionWFST PORT 14A/2 + STRIP
Deed Acres
0
Address 3684 BORDER CREEK CT
Tax Acres
0.47
Township CATAWBA SDRINGS
Tax/Fire DENVER
District
Main Improvement RANCH
Value
$229,690
Main Sq Feet 2013 Stories
1 Year Built 1975
OF Basement 403 Finished
624
Zoning Calculated
voting Precinct Calculated Acres
District Acres
WFSTPORT (WP32)
0.47
R-20 0.47
Watershed Class
Sewer District
WS -IVC 0.47
In the sewer District
0.47
2000 Census County
Tract Block
37109
071200 2000
0.3
37109
071200 29990.17
Flood Zone Description
Panel
AF SPECIAL FLOOD HAZARD AREA BASF FLFVATION DETERMINED -
100 YEAR
37104614000.03
X NO FLOOD HAZARD
37104614000.44
http://207.4.172.206/website/leproperty2/print.asp 12/21/2017

INS,
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rnv I U� PARCEL INFORMATI
Parcel ID 31520 Owner
Map 4614-09 Mailing
«r
Account 0259141 Address
Deed 2600- Last Transaction
683 Date
Land Value $358,404Total Value
N FOR 4614-26-346!
SCOTT CHRISTOPHER B
SCOTT ANGELICA M
3684 BORDER CREEK CT
DENVER NC 28037
7/14/2016 Sale Price
$604,017 Previous
$770,00

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