20180677 Ver 1_Major Variance_20180518

DWR
Division of Water Resources
2 0 1 8 0 6 7 7 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
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
VNeuse Iver Basin (15A NCAC 02B.0233)
b� Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 0213.0250)
❑ 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: C44 fi t /" ,�
Title:
Street Address:
City, State & Zip: i �_ �> /V 7 ��
Telephone: % V ` P21 f
Email: r°'.1, e- /S'%a /,01l4 11 sh 4 / C Cl
D
MAY 1 8 2018
DEO-WATER REMU S
401 A UFFER PERMITTING
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
Title:
/f_%w
Street Address: aha 19r41h1F7—"'1_ /1 ✓
City, State & Zip:
Telephone:
Email: � fh A e-
11(_7'1_
-
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):
7
5. Project Location:
5a. Street Address: j%U %3l` �' g 74,,
City, State & Zip: C4 V- Zj le 7 _5' Z j
5b. County: Z4XA K r
5c. Site Coordinates (in decimal degrees): 3 Y, Zl�; VZ A/ Latitude 7Y• SU- /U Lr/ Longitude
5d. Attach an 8
2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. 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)c:7 L� % Z/ 3 88 5�% S
6b. Date property was purchased: % 9 j
6c. Deed book 0 -74!9 //// and page number D 1/ 2 Z
6d. Map book /992 and page number fZ1 /
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 t i-IN0
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:
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name I Water Quality Classification
uT Ta
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
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10. List any permits/approvals that have been requested or obtained for this project in the past (including o , r,..,.
Date Applied:
L A
B. Proposed Activity
Date Received: Permit Type:
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
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1b.
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 ft' on the plan)
FORM: VAR 10-2013 Page 3 of 6

0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
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
Mitigation
Required
Zone 1 Impact Zone 2 Impact
(square feet) (square feet)
B1 - Q P ❑ T
'2 '* `r% �Tn A-Yeslpft
Zs
B2 -❑P ❑T
❑ Yes ❑No
B3 -❑P ❑T
❑ Yes ❑No
(square feet)
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.
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? ❑ Yes k"'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 ifhlo
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'
2
3
(2 for Catawba only)
9
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.
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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7Z) ,�Jud�JsPec�! S 7a Ss�ii3'��'
3a. Is buffer restoration or enhancement proposed? ❑ Yes k"'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 ifhlo
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 eAsting vegetation, gutter splash pads, level spreader to controxA runoff from impervious surfaces, etc.).
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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.
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.
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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).
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. 7 dli� /,W y � � ���
/WY a SC' �� .(�rzl //-.<C�' � /�7/ a�. nc.�a� �v 4TAI-r-C. Explain Whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
4/2
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? i �
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6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
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
(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 rest ' tions 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

ROY COOPER
' MICHAEL S. REGAN
. - sru�re y
Water Resources LINDA CULPEPPER
6NVIRpNMENTAI n(IALITY '
' M(arlm DLrUor
April 19,;018
Eugene and Katherine Monlar
110 Bebington Drive
Cary, NC 27513
Subject: Buffer Determination_'Letter
RRO #1&118
Wake County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A N.CAC 26.0233)
Stop@
El Tar Pamlico (15A NCAC 2B
[I Intermittent/Perennial Determination (where local buffer
.0259)
ordinances apply)
❑ Jordan (1`5A NCAC.2B .0267)
(governmental and/or intedurisdictional
Serve
prof)
A
Project Name. 110 Bebington Drive
Address/Locafion: 110 Bebinaton Drive, Cary, NC 27513
;I
Stream(s):- ; UT to Crabtree Creek _
Determination Date: 04/19/2018-
Staff: Andy Neal
Stream
Subject
Start@ '
Stop@
Soil
oS
S boect
Serve
To
A
X
Throughout
X
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake
County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each
stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams
that are checked "Subject' have been located on the property and possess characteristics that qualify it to be at least
an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DVM may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director.shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen'Higgins;
DWR — 40X & Buffer Permitting Unit,' 1617Mad Service Center; Raleigh, NC 2 7699-1 61 7. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Only 512 N. Salisbury
Street; Raleigh, NC 27604.
Division of WateE Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedenr.orghveblwqlaps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

This determination is final and binding unless. as detailed above. an appeal is requested within sixty (60)
(lays.
This project may require a Section 404401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Coup of Engineers (Raleigh Regulatory Field Office) at (919)-554 4884.
If %e"' 1 qUe,lion, l;jvi d, Veal at I,) I 1 1 -4
Dann" Smith
uperricor. Wuk.,r Qual It', Ilegi,j,.a1 ('ell!
RRO DDR hic Cop}
Doug Lin. cou.All ex C rafilxmun

18-118: 110 Bebington Drive
Legend:
Map provided by NCDEQ Division of Water Resources
Approximate Site Boundary: Vis"
Locations are approximate and are provided for reference only :: Rn

18-118: 110 Bebington Drive
Legend:
Approximate Site Boundary:
Sheet # 32
a 3\
�,. �_ � Map Frov:detl by NCDEQ Division of Water Resources
f! ,,. � :-. Locations are approximate and are provided for reference only::

5/2/2018 City of Raleigh and Wake County MAPS
30 ft
Overview

18-118: 110 Bebington Drive
Legend: -�^•�
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Approximate Site Boundary: Map provided by NCDEQ Division of Water Resources
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�� Locations are approximate and are provided for reference only
Sheet # 32

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110 Bebington Drive
Cary, NC 27513
Early in March, 2018, 1 had an idea to erect a small grilling deck off of the existing screened
porch. This was going to be erected in time for my wife's birthday on May 26, 2018. My
children would love to help us celebrate my wife's birthday on that day.
I contacted Doug Linscott, Apex Craftsman for an estimate of cost and time to build the deck.
This was going to be plenty of time to erect the deck. The following actions were taken to
pursue completion of the deck in time for May 26, 2018.
April 16, 2018: Doug applied for the permit from the town of Cary. Spoke to Stephanie who
explained that a Buffer Determination Letter would be required from the NC Water Resource
Department would be necessary since there was water in the back of the property. (See
pictures of the Dry Stream Bed attached, Exhibit 1)
April 19, 2018: Andy Neal, NC Water Resources, inspected the property and generated a Buffer
Determination Letter for the Town of Cary.
April 23, 2018: Buffer Determination instructions were received from NC Water Resources.
Letter from NC Water Resources to Town of Cary.
April 30, 2018: Clarification Letter to Todd McMillan at Town of Cary.
May 1, 2018: Demolition of existing stairs begins at 8:00 am, and construction of the deck
frame is built.
May 1, 2018: Received notification from Andy Neal, 3:41 pm. Doug Linscott stops work on
deck.
May 2, 2018: Buffer Authorization Letter to Town of Cary.
May 3, 2018: Stephanie at NC Water Resources informs us that property is in Zone 1 and a
Variance must be applied for.
May 10, 2018: Email received from Paul Wojowski, NC Water Resources that we must ask for a
Variance from the NC Commission and they meet in July.
May 16, 2018: Received Buffer Variance Application from Paul Wojoski.
See pictures of work done so far. Exhibit 2
See Pictures of plants and trees ready to be planted when work on deck was completed.
Exhibit 3.

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