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HomeMy WebLinkAbout20171349 Ver 3_Minor Variance_20180522State of North Carolina Department of Environment and Natural Resources 1 . Division of Water Resources D 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: ❑ Ne River Basin (15A NCAC 02B.0233) U� D ❑ Major Variance El Minor Variance D U Catawba River Basin (15A NCAC 028.0243) MAY 2 2 2018 ❑ Randleman Lake Water Supply Watershed (15A NCAC 026.0250)RFSOuRCES ❑ Major Variance ❑ Minor Variance pEt; QAFE. 11 TIN ❑ 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: Title: Street Address: City, State & Zip: Telephone: Email: 1. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: �� c.c.,;.., .� ,4L6eee Title: Street Address: City, State & Zip: Telephone: Email: FORM: VAR 10-2013 s :7.s O"oma % ya&,ev f�lwkor� dJG 07,9&01 70 Y-- .q a -- iisi Al%/1 2. 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. 3. Project Name (Subdivision, facility, or establishment name): ala- C 'L, a A� 4. Project Location: Sa. Street Address: s'7s4- CF -0.4o City, State & Zip: /'�r��'� /t-(�i v7ff6a f Sb. County: l/aLdkluc, Sc. Site Coordinates (in decimal degrees): Latitude Longitude see Q' ' Sd. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. Se. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. S. Property Information: 6a. Property identification number (parcel ID): 614-17 < Crewe ?1600paa) *VJ&M&"J.J Po -.Jr 6b. Date property was purchased: de n 6c. Deed book I-T,rf and page number 31$- 3a o ;> See ati'lce.� 6d. Map book and page number 6e. Attach a copy of the recorded map that indicates when the lot was last platted. Sea Q,j-"es 7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ❑ YES jeNO 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: !! S 3 t 9"% 7rb a IST .79 t N a L Gree- c(w pp& Ad -'b a Zr 74w OpTh moviardw &u. �n,f. `!a .4— thew 4awc- To G0. Rr �'W N dw Oj. �ewa ipdLrrs.� 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification him r0 9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO M L4 10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases). Date Applied: DG7. do rz Date Received: B. Proposed Activity Permit Type: Ad ♦7- Esq* QaXa wemdqwn 1341! ✓i 1. Project Description la. Provide a detailed description of the proposed activity including its purpose: SMo,& Sis ,"4.o.` rc 14L +a" ame" - dead joap ebj, ,'A1At ,t- J&cl 94* S�:c.�Le�i•a contZlla�i`oP teenw%'-k. 6NTvgtk es �'�•�,, �`� ShcdcY _ 'to Shop- p- Li o,er . `r>� 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 L 0 Scale (1" = 50' is preferred) �¢ 0 Property/project boundary with dimensions see, 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 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 Tem orary) Reason for Impact Buffer Zone 1 Impact Mitigation (square feet) Required Zone 2 Impact (square feet) B1 -Elp T QCeess 40W.. ❑ Yes ❑ No $ ODO o 0 B2 - P LJT 1 �QA Ard I ❑ Yes ❑ No (square feet) B3 - 0 P T b rt Lnn*- I ❑ Yes ❑ No Zone 2 Total Buffer Impacts Deo �r- ,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 to N -o 'JO dA •st A411 1946AL 3a. Is buffer restoration or enhancement proposed? /Yes ❑ 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 planj*ngss. 3b. Is payment into a buffer restoration fund proposed? ❑ Yes V110 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 30-2013 Page 4 of 6 Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 11 3 (2 for Catawba only) 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 to N -o 'JO dA •st A411 1946AL 3a. Is buffer restoration or enhancement proposed? /Yes ❑ 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 planj*ngss. 3b. Is payment into a buffer restoration fund proposed? ❑ Yes V110 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 30-2013 Page 4 of 6 b. 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.). .�+� �sr�re ��d- e� UI►.vt.,..u. Wei o(oc� -�:., l+.r�.. ciaa�,� .:c..,.. add��.�. la. Show the location of diffuse flow measure(s) on your site plan. JOe coo"'d 1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed measure. Ia\A 1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. NUE 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. tjV 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. e(e4M_ c5e p �� t �c +b t / IA 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. 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). AJ 1 & 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. NI* 4. Explain whether the hardship was caused by the applicant kno&ingly o[unknowingly violating the applicable Buffer Rule. 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? 13kik 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread. O j* 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 I, kjt�% ** % IT hil.� B.t 6 fir_ (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: Al,��� Date://wS/ IBS 0701F FORM: VAR 10-2013 Page 6 of 6 cieNCK -d ie design and Installation TRANSPORTATION SURVEYORS CERTIFICATE GS 47-31-f-1 1-a: HIGHWAYS CONSTRUCTION .�`.'; ` •`n'`!�,;_I Herman D. Bolick, P.L.S. No. L-2419, certify PUg�I S 45'M�NTp1NE0 STREE _ \ CONTROL TIE _ S 87' 13' 19" W 339.12' V� L9 as L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 N 82' 40'37" W S41°49'30"W S 84'24'53" W N 40' 08' 13" W N 87' 22' 16" W N 63' 31'25" W S 78' 16'27" W N 86' 25'36" W S 80' 43'26" W N 79' 32'05" W N66°37'31"W N 54' 29'58" W N65'07'14"W N 58' 33'38" W N47'55'18"W N 36' 53'48" W N 13' 23'37" W N 27' 11'46" E N 40' 51'00" E N 2' 23'00" W N 36' 09'49" E N 14' 03'09" E N 44' 29'27" E N 26' 05'32" E N37'00'41"E N38'29'51"E N42'47'14"E N42'47'14"E N 25' 15'38" E N31'00'08"E N 31' 00'08" E N 32' 45'24" E N39'08'18"E N4'51'36"E N51'46'11"W S 42' 50'44" W S 28' 19'22" W S39'30'31"W S 31' 34'43" W 73.28' 9.05' 20.89' 9.06' 17.60' 49.94' 30.75' 22.56' 40.81' 73.07' 52.50' 36.85' 54.38' 61.84' 82.49' 35.78' 38.07' 46.19' 40.84' 31.86' 24.57' 47.85' 79.60' 40.97' 45.06' 60.23' 33.55' 14.35' 21.55' 69.61' 19.62' 59.05' 80.55' 30.58' 50.49' 57.42' 63.80' 50.73' 28.24' I LOVELADY TOV C PF CURVE DATA TABLE: L42 Id Radius Arc Length Chord Ch Bear L43 C1 245.00' 42:76' 42.71' N 83' 00'00" E L45 C2 245.00' 102.63' 101.88' S 80' 00'00" E L46 C3 245.00' 85.52' 85.09' S 58' 00'00" E C4 245.00' 79.11' 78.76' S 38' 45'00" E C5 245.00' 79.11' 78.76' S 20' 1500" E C6 245.00' 66.28' 66.08' S 3' 15'00" E C7 245.00' 38.48' 38.45' S 9' 00'00" W C8 245.00' 91.60' 91.07' S 24' 12'39" W C9 245.00' 91.00' 90.48' S 45' 33''44" W C10 245.00' 91.00' 90.48' S 66' 50' 37" W C11 245.00' 30.00' 29.98' S 80' 59'32" W C12 40.00' 32.13' 31.27' S 61' 29'46'! W C13 50.00' 85.62' 75.54' S 87' 32'18" W C14 50.00' 50.00' 47.94' S 14' 45'17" E C15 50.00' 50.00' 47.94' S 42' 32'28" W (:1R 50 00' 51 77' 4Q 4Q' N 7Q° nR' 49" W N 82' 40'37" W S41°49'30"W S 84'24'53" W N 40' 08' 13" W N 87' 22' 16" W N 63' 31'25" W S 78' 16'27" W N 86' 25'36" W S 80' 43'26" W N 79' 32'05" W N66°37'31"W N 54' 29'58" W N65'07'14"W N 58' 33'38" W N47'55'18"W N 36' 53'48" W N 13' 23'37" W N 27' 11'46" E N 40' 51'00" E N 2' 23'00" W N 36' 09'49" E N 14' 03'09" E N 44' 29'27" E N 26' 05'32" E N37'00'41"E N38'29'51"E N42'47'14"E N42'47'14"E N 25' 15'38" E N31'00'08"E N 31' 00'08" E N 32' 45'24" E N39'08'18"E N4'51'36"E N51'46'11"W S 42' 50'44" W S 28' 19'22" W S39'30'31"W S 31' 34'43" W 73.28' 9.05' 20.89' 9.06' 17.60' 49.94' 30.75' 22.56' 40.81' 73.07' 52.50' 36.85' 54.38' 61.84' 82.49' 35.78' 38.07' 46.19' 40.84' 31.86' 24.57' 47.85' 79.60' 40.97' 45.06' 60.23' 33.55' 14.35' 21.55' 69.61' 19.62' 59.05' 80.55' 30.58' 50.49' 57.42' 63.80' 50.73' 28.24' I LOVELADY TOV C PF ffw�llqml m im Workflow No. 658367 I I��I�II IIIIII III OIII UII� �II�� III�� VIII �II�� VIII VIII ��III ��ill ��I�� IIII I��I Doc ID: 006334300003 Type: CRP Recorded: 07/29/2005 at 01:52:40 PM Fee Amt: $154.00Page 1 of 3 Excise Tax: $134.00 Workflow# 658367 Caldwell Countv. NC WAYNE L RASH Register of Deeds BK 1559 PG318-320 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 134.00 `(h C t_' J Parcel Identifier No. Verified by County on the day of , 20_ By: Mail/Box to: Carpenter, Bost & Cartee, PO Box 1315, Lenoir, NC 28645 This instrument was prepared by: Carpenter, Bost & Cartee, PO Box 1315, Lenoir, NC 28645 Brief description for the Index: THIS DEED made this 29th day of July , 20 05' by and between GRANTOR Danial Keith Street and wife, Debra S. Street GRANTEE William J. Albright and wife, Sherry C. Albright Lot 46 Crown Terrace Granite Falls, NC 28630 Mad _ 23S& yh' hts �r t49e (sol, "O(r4(9t*e-,NC auto The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Lovelady Township, Caldwell County, North Carolina and more particularly described as follows: See Attached Schedule A The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book 18 page 254 NC Bar Association Form No. L-3 © 1976, Revised 0 1977, 2002 Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 X0.00 JS4.00 3 319 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Restrictive covenants recorded in Book 1283, Page 595, Caldwell County Registry. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the da and year first above written. (Entity Name) By: Title: By: Title: By: Title: State of North Carolina - County of Caldwell Street (SEAL) Daniaial Keith Street y0- J AZ�-(SEAL) Debra S. Street (SEAL) (SEAL) I, the undersigned Notary Public of the County and State aforesaid, certify that Danial Keith Street and wife, Debra S. acknowledged the due execution of the fore goirk Idittl4 stamp or seal this 29th 'day of 9MIRZI S My Commission Expires: August 9, 20 t OTAR Y' State of North Carolina - County of— I, the undersigned Notary Public of��� personally came before me this day and ackno personally appeared before me this day and the purposes therein expressed. Witness my hand and Notarial �5 _ ANoW6Sherri S. H tton the certify that of a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of 20_. My Commission Expires: Notary Public State of North Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of , 20 . My Commission Expires: Notary Public The foregoing Certificate(s) of � t S . N-OJI-pn N tA9 I i Pub is/are certified to be correct. This instrument and this certificate are duly registered at the date and ' in the Book and Page shown on theftkt page hereof. _ Register of Deeds for (t l a County By: Deputy/Assistant - Register of Deeds NC Bar Association Form No. L-3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 SCHEDULE "A" BEING ALL OF LOT No. 46 Diamond Point Estates Section IV, as described in Plat Book 18, Page 254, Caldwell County Registry, said plats being referred to for more detailed description. Being a part of property conveyed by Lake Hickory Developers, LLC to Daniel Keith Street and wife, Debra S. Street by deed dated March 9, 2004 and recorded in Book 1496 at Page 418, Caldwell County Registry. 3a0