20081726 Ver 1_Variance Request_20090413

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April 8, 2009
Dear Ms. Chapman,
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rVETLF ADS, AND ST QfiNi''AIJER
I wanted to attach a summary of how we have reached this point of having to
apply for a variance. My husband and I bought the property in 2002. We bought the
property for its wonderful lake frontage and mature trees. The property had not been
maintained. The land did not have any rip rap or retaining walls and also has a slope to
the lake. Over the years, the lake frontage and the land have suffered from erosion. We
have lost many trees due to root exposure, disease, and bugs. We have had brought in
several specialist including a botanist to try and help with the issues. We tried to grow
grass and mulch over the years but we still had run off. We were at a loss. We drove
around the lake by water several times just trying to get ideas of what we should do to
help improve the land. We decided that we would do what many folks have done on the
lake, a wall at the water and one stepped back to help slow down the erosion issue.
I made many phone calls to try and figure out what had to be done to permit the
project. I called the county 3 times and asked them what permits were required. They
said if the wall was less than 5 feet then only Duke Power would need to permit the lake
wall and the other wall was fine. I called a few people to clarify this was the case and I
received the same answer. I then called Duke Power. They told me I would have to fill
out the permits. I called Duke Power out to the site and asked them about our plans.
They said that we could place a wall at our lake front and that is the only wall I would
have to permit with them. I am assuming they thought I knew about the 30 foot buffer
rule and that is where we are running into the issues. We did not know about the strict
guidelines with 30 feet of the lake called the buffer.
We then received our permit package. I filled out the information and paperwork.
I sent in for submission. We submitted plans as intended with the 2 walls. Someone
came to the site from the NCDENR and said that we were in violation due to the buffer
rules. By this time we had already began moving dirt around for the 2 wall as well as
purchased the material. We had no idea that we were in any violations. We did stop
what we were doing immediately and began filing for the variance once notified. There
was no intension of wrong doing. This is our first home. We do everything ourselves
including this project. I made several phone calls and thought we had all of our facts
straight before we did anything. We are feeling helpless since we thought we were doing
what was right to begin with. We hired Lisa from HARP to try and help with the rules
and plans moving forward to make sure we are in compliance. She has been working
with us as well as Alan Johnson from the DWQ Mooresville office in helping us follow
the guidelines moving forward.
So here we are and asking you to understand that we never meant to break any
rules and were just trying to do what we thought was the best thing for the lake by
stopping the run off, erosion and loss of trees. I hope this sheds a little light on our
situation and please let us know if we can answer any questions you may have regarding
the property and the situation.
Thank you,
Z"'M-o'ngene
Home Owner
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o?OF W AP- U0 Y 2 Michael F. Easley, Governor
19 Q
0 y William G. Ross Jr., Secretary
C North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Variance Request Form
Catawba River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0243)
NOTE: This form may be photocopied for use as an original.
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): i<<z:ex?aGti +;ir;a
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title:
Street address: ;t)?: i?.ttillh;•,4„fi?? (w,,?l,.
City, State, Zip
Telephone: a
Fax: }
3. Contact person who can answer questions about the proposed project:
Name:
Telephone:
Fax:
Email n::
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5. Project Location:
Street address: 1395 Roundstone Road
City, State, Zip: Sherrills Ford, NC 28673
County: Catawba County
Latitude/longitude: ' ; 8- \ 0IZ
6. Directions to site from nearest major intersection (Attach an 8 %2 x 11 copy of the USGS
topographic map indicating the location of the site). i n,, .'Aj(tb"s: 011 e;, :,?:,? E? •,_;
Version 1: January 2008
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
8. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received: Permit Type:
(? t-? E a i; v -:111 ? I -Q-01
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Erosion/Sedimentation Control
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map
or site plan in Adobe (pdf) format) 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 W. Pr< p , .tp,, O _!; Z?lj !t'tl\\,I!! (i_M ;_dI '!Ac .i-,!i'11 ,,!! 14
2. Fill in the table below to identify the square footage of impact to Zones l & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):
Buffer Impact
Zone of Impact in Number Purpose for
Multiplier Required
Impact Square Feet (Indicate on the Impact Mitigation
Plan Sheet)
Zone l 1

Zone 2 4 i i l
Total '
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*For the Catawba River mainstem, zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank
or the rooted herbaceous vegetation; Zone 2 extends an additional 20 feet from the edge of Zone 1. For mainstem lakes,
Zone 1 begins at the most landward limit of the full pond level and extends landward 30 feet. Zone 2 extends an additional
20 feet from the edge of Zone 1.
Catawba Variance Request Form, page 2
Version 1: January 2008
3. 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:
filar
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4. 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.):
1 iiC i'lfi ?iii1 ifi_t34 v:1!i !)C Ifl,t9l li?Ctt <1.kE IIiIIICIi It III ftC. i# I EI ;I
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
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(2) How these difficulties or hardships result from conditions that are unique to the property
involved. .Oj? VV!II 4?f m lli 3
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(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.
Part 3: Stormwater
1. Provide a description of all best management practices (BMPs) that will be used to control
sedimentation impacts associated with the proposed activity. Please ensure to include all
Catawba Variance Request Form, page 3
Version l: January 2008
applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also,
include the BMPs on your plan sheets. (3 1?' v,, A ,:,,,,3 II111ir11?}1 ,' iI
2. Attach a description of how diffuse flow will be maintained through the protected riparian
buffers. Please ensure to include all applicable operation & maintenance agreements and
worksheets for the proposed diffuse flow measure(s). Also, include the diffuse flow measure(s)
on your plan sheets.`, `,
3. Attach a detailed plan for all proposed structural stormwater BMPs. N/A
Drainage
basin Size of
drainage
basin
ac Post-development
sediment loading
rate withoutBMPs4
lbs/ac/ r BMP sediment
removal
efficiency5
%) Final
sediment
loading rate
Ibs/ac/ r

3
4

S pp
t
1
Totals Ns;: ------ N, A----- N `A------
a Attach calculations and references.
5 Attach calculations and references.
Part 4: Water Quality Protection, continued
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I&M) Form(s) to this
completed application. The applicable supplemental form(s) and I&M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website: *, \..
http://h2o.enr.state.nc.us/su/bmp forms.htm
Part 5: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC
213.0244.
If buffer restoration is the method you are requesting, be sure to include 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. A guide to
buffer restoration can be downloaded at the following website:
http://www.neeep.net/news/reports/buffers.pdf
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement,
then include an acceptance letter from the mitigation bank you propose to use stating they have
the mitigation credits available for the mitigation requested. \ . }
Catawba Variance Request Form, page 4
Version 1: January 2008
Part 6: 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.
Part 7: Applicant's Certification
I, i is s i !, , 1. l , > , tits - (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 will be recorded with all required permit
conditions.
Signature
Date:
Title:
Part 8: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Part 9: Checklist
A complete appplication submittal consists of the following components. Incomplete submittals will
be returned to the applicant. The complete variance request submittal must be received 90 days prior
to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the
necessary information has been provided.
Applicant's Item
Initials
• Original and two copies of the Variance Request Form and the attachments
listed below.
?- `? _ • A vicinity map of the project (see Part 1, Item 5)
-- • Narrative demonstration of the need for a variance (see Part 2)
'? • Calculations supporting sediment loading estimates (see Part 4)
• Calculations and references supporting sediment removal from proposed BMPs
(see Part 4)
- • Location and details for all proposed structural stormwater BMPs (see Part 4)
• Three copies of the applicable Supplement Form(s) and I&M Form(s) for each
BMP and/or narrative for each innovative BMP (see Part 4)

•
x
Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
e? 0 Legend and north arrow
0 Scale (1" = 50' is preferred)
0 Revision number & date
Catawba Variance Request Form, page 5
Version 1: January 2008
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
0 Original contours, proposed contours, spot elevations, finished floor
- elevations
- `` 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
- 0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes
,
-; - - runoff calculations
0 Drainage basins delineated
\ 4
0
Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Catawba Variance Request Form, page 6
Version 1: January 2008

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MONGENE PROPERTY
1395 Roundstone Road
r
Sherrills Ford, NC 28673
MONGENE PROPERTY
1395 Roundstone Road
Sherrills Ford, NC 28673

Mongene Property
Location: 035° 39' 18.38" N
080° 57'58.86" W
USGS Map Troutman Quad
Address: !395 Roundstone Rd.
Sherrils Ford, NC

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Directions: From US I-77 Exit 36 take NC Hwy 150 W appox. 6.5 miles to Terrell. Take a
R and proceed N on Sherrills Ford Road approx. 2 miles. Take a R on Molly's Backbone
Road. Go approx. 1 mile. Take a R on Azalea then L on Roundstone. Take next L onto
Roundstone. House on left 1395 Roundstone.
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Mongene Property
Lake Buffer Vegetation Plan
Calculation of the disturbed area is 1280 sq. ft. To achieve specified density of 320 trees per
acre, ten trees shall be planted in Zone 1, allowing for a small view corridor in the central
sight line from the house to the lake. These shall be at least two different native species
selected from the following list: River Birch (Betula nigra), White Oak (Quercus alba),
Green Ash (Fraxinus pennsylvanica), Flowering Dogwood (Cornus Florida), Red bud (Cercis
canadensis), Tulip Poplar (Liriodendron tulipifera), Sycamore (Platanus occidentalis),
Ironwood (Carpinus caroliniana), American Beech (Fagus grandifoila), Black Walnut
(Juglans nigra), and Black Gum (Nyssa sylvatica). Also the disturbed area shall be mulched
to a thickness averaging 1 inch so as to approximate a natural ground cover.
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