20190221 Ver 1_Major Variance_20190214

D State of North Carolina
Department of Environment and Natural Resources
Division of Water 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:
j
❑ ✓Neuse River Basin (15A NCAC 02B.0233)
✓ Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 028.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.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) 2 0 9 0 2 2 1
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 026.0607)
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: Heather Gates
Title: Owner
Street Address: 1109 Ashford Ln
City, State & Zip: Cary, NC 2751.1
Telephone: Home: 919-841-5629 Mobile: [phone]
Email:ag tesfamily�gmail.com
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):
Gates Screened Porch and Deck Project
5. Project Location:
5a. Street Address: 1109 Ashford Ln
City, State & Zip:
5b. County:
5c. Site Coordinates (in decimal degrees): 36.769385 Latitude -78.750971 Longitude
5d. Attach an 8 Y22 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): 0773450014
6b. Date property was purchased: 11/21/2008
6c. Deed book 013307 and page number 0167-01676 or 014988-02333
6d. Map book 1974 and page number 48
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 ❑ ✓ 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

8. Directions to site from nearest major intersection:
From Walnut St turn onto Nottingham Dr. Turn left onto Kimbolton Dr. Take the second right onto Ashford Ln. House is on the
richt at the bottom of the curve.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Unnamed Tributary to Walnut Creek C; NSW; Impaired (Cat 5)
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ 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:
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
ib
The project will include replacement of our current, dilapidated deck with a new screened porch and deck. The proiect will
also include stabilization of portions of the stream bank which are actively eroding causing loss of property and sediment
export.
Attach a site plan showing the following items as applicable to the project:
Development/Project name
0 Revision number & date
North arrow
Scale (1" = 50' is preferred)
Property/project boundary with dimensions
Adjacent streets and roads labeled with names and/or NC State Road numbers
Original contours and proposed contours
Perennial and intermittent streams, ponds, lakes, rivers and estuaries
Mean high water line (if applicable)
Wetlands delineated, or a note on plans that none exist
Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
Extent of riparian buffers on the land including Zone 1 and Zone where applicable
Location and dimension of the proposed buffer impact (label the area of buffer impact in Won the plan)
Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
Footprint of any proposed buildings or other structures
Discharge points of gutters on existing structures and proposed buildings
Existing drainage (including off-site), drainage easements, and pipe dimensions
Drainage areas delineated
FORM: VAR 10-2013 Page 3 of 6

C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Number' — Reason for Impact
Permanent (P) or
Temporary (T)
Buffer Zone 1 Impact
Mitigation (square feet)
Required
Zone 2 Impact
(square feet)
131 - P El T Screened Porch
✓ Yes ❑ No 38
84
B2 -EJ
P
T
❑ Yes ❑ No
B3 -❑P
Zone 1'
❑T
❑ Yes ❑No
114
Total Buffer Impacts
122
'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.
Buffer areas adiacent to the stream will be enhanced by invasive removal and planting of diverse and native herbaceous
and woody perineal shrubs and trees. A portion of the stream bank will be stabilized with vegetative geolifts.
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 plantings.
3b. Is payment into a buffer restoration fund proposed? ❑ 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'
38
3
114
(2 for Catawba only)
Zone 2
84
1.5
126
Total Buffer Mitigation Required:
240
'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.
Buffer areas adiacent to the stream will be enhanced by invasive removal and planting of diverse and native herbaceous
and woody perineal shrubs and trees. A portion of the stream bank will be stabilized with vegetative geolifts.
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 plantings.
3b. Is payment into a buffer restoration fund proposed? ❑ 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
1. 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.).
Gutter Splashpads will be used at surface discharged gutters. A rain barrel with a passive drawdown will mitigate portions
of roof top runoff, additionally, rain garden areas are proposed to infiltrate runoff and mitigate additional roof top runoff. The
buffer will be enhancement is by invasive removal and planting of diverse and native herbaceous and woody perineal shrubs
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.
lc. 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.
Our current deck is dangerous and needs to be replaced. We would like to replace it with a screened porch and a deck. We do
not use our current deck not only because it is dangerous, but because of the swarms of mosquitos that breed in the standing
water of the stream. There is also currently no rear egress from the house at that level (the deck has no stairs). The new deck
would include stairs allowing us to exit the back of the house.
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).
The establishment of the Buffer Rule decades after the lot was platted and house was built, severely limits what can be done
without requiring some sort of authorization or variance request.
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.
The situation of the stream and therefore the buffer means that the buffer consumes over half the lot. We are in a bind in that
any type of construction to the back of the house would require a variance or authorization. The parcel size, shape, and existing
structures eliminated the opportunity to properly meet the buffer mitigation requirements on-site. We are attempting to
enhance the buffer and manage stormwater as best as possible.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The lot was platted in 1974 and the house built in 1978, decades before the buffer rules. Buildings age and require maintenance
and replacement. This requires a variance request.
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?
The property was purchased in 2008, after the effective date of the Buffer Rule. However, the house was built in 1978.
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
The placement of the stream and the later overlay of the 50ft Buffer Rule resulted in a situation where a buffer authorization or
variance is required for any construction to the rear of the house.
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, Heather Gates (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: Z" k— ? l/
Date: Ll �qL,, Z o,
FORM: VAR 10-2013 Page 6 of 6

`"
�
\ � OD
Screen Porch
�
�
4 ss
S.F.
Exte
fU
\
)s
\n
SS - Sanitary Sewer
act a
g
r1
\
Storm Sewer
v
S 6
8
84 sf
Parcel Boundary
!n
zooa
Extent
�`
\
you—
— — — UtIllty Easement
atm
38 sf et T10
\
\
oop
- • • • - Stream Centerline
Q) 0
13.
S I
040
\
Black
Block Retaining Wail
Exlsting Contours
O
\
PeiZone
sPtrr
\
i Extent
2 Extent
6
\
Zone
\
® Zone 1 Perm. Impact
Zone 2 Perm. Impact
S ace Lain ���� I
orrugated Pipe
CP �
•� �
l�3
0 60 120
�
5
II
rote
ry„
Feet
° ^
w`
Scale: 1" = 30'
z
z
NOTES:
i
1. Buffer impact map created from survey completed by
�Nie�inspout
1P SE i0y7�?El�� C1 Drain
RWK, PA on 01/24/2018.
0.00 I etigy
lrgy
Ory
2. Stream Top of Banc estimated from surveyed centerline
field
qao
0.0D tai
Ogpp
1002
EDP
and measurements.
3. Existing buffer conditions Is non -wooded with numerous
*qt
row q0p
Ashf Ord Zane
0.g4.sfT
ron-native and invasive species. A portion of the stream
bank Is unstable and actively eroding causing loss of
�� gQTAproperty
and sediment export.
4. Project includes:
0l �. Q,
q2 31st
4.1. ng slatted deck and
at
N14 °j'N` E7.0p
construction of proposed screened porch and
adjoining proposed slotted deck.
4.2. Stabilization and re -vegetation of unstable portions of
the stream bank with vegetated geoiN.
{1
5. Proposed permanent buffer impacts inclvde 3B sf and 84
8
Oab oV> ,,
xwtibn m
sf In Zone 1 and Zone 2. respectively.
gren�q:

Zone
f dw
ie 2
II
\ r2�
Proposed
Screen Porch
(5
Lain `" ON
Pipe II ~
-_58
[a7MdP i L rly rr C• i
T
a Oa W
4ac 4qp 0 top
riot
a~40�r Ashford Lane °'au
r\
Bvded
\ 1000
Rain \ \
SS - Sanitary Sewer
Storm Sewer
Parcel Boundary
Utility Easement
- Stream Centerline
- Block Retaining Wall
Existing Contours
I. Buffer Enhancement
Stream Bank Restoration
Rain Garden
0 60 120
Feet j
Scale: V = V
NOTES:
1. Buffer Impact map created from survey completed by
RW K, PA on 01 /24/2018.
2. Stream Top of Bonk estimated from surveyed centerline
and field measurements.
3. Project includes deconstrvction of wdsting slatted deck
and constrvction of proposed screened porch and
odjaning proposed slatted deck.
4. Project inclvdes:
4.1. Deconstruction of existing slatted deck and
construction of proposed screened porch and
adjoining proposed slatted deck.
42. Stabilization and re -vegetation of unstable portions of
the stream bink with vegetated geoNns.
5. Bvffer enhancement will Include Inwawe removal and
pknting of diverse and native herbaceous and woody
perennials.
6. Ciffused stormwater flow will be maintained with ran
garden areas ran barrels, and gutter spashpods

ELM U.S. DEPARTMENT OE TME INTERIOR
U.S. GEOLOGICAL SURVEY
r•�E�1
0 1
UJ TOpo
CARY QUADRANGLE
NORm GAxoLw
.5-AWUIE SE3N6
m
===Ilea 11x17—le" u.n'
w..m....,.�
SCALE 1:3000
w r ,nm
•
0•o r
ter.
e.a..�
_ e
a
..m....'. '
�� .�.
w � o•
� .onr,.s .M`ar`•".1`w.rs,.17
z • r�wrw
.w.�.__rs •�e.,, w.rw .�.m.. nn s,.
...s. rw�ewa r..s.,.sw�u^
CARY, NC i
�:
�a�.r•17� �W
3016 �`O

.7.41
1109 Ashford Ln
)nom .

r tol 8h -I-bd {i LbI 5 QOQ,
1 O --�--- O
O
Z/•/ 96 39Vd l'lOA lIW YOOG,

CrC 8h acsd hL6% -4999
Tia
Q
t
ice: •\•�/ / O �� Q `t 1 �- _ �i�,t°�/ . L'ZZ
un
I Q
r O\t. °
I
r,
c

� �a .� `•� aas , �,a�• k :_ ,! - + � y �?� ;m,� -' �: � -.. "� `irs.�� :�, .r.
�a .•`�' \j:..se�. r +�� ��� :. -,�, �t � A6A .�. � �, ��_. , ��'°, ♦ p�� r � Wit-- -
MA
tea_' a 1E"`•i: :' ,:,� • ,y�•.i�?�n--�.=._:.r"►t'q z.'
_.' RRR•`� "'-"..,1a>...,+J I � 'tib' r 1� -� -+Mr � J � S
mw ni
Air
L F,
"WiZI
' � ��� �� Iii' '� � �/�' Ai f � � I.. 5 - ` ,�• �('. � � � �.. � �ry �� � M �'.
6,v1-
'Ei ♦ ?
�% I.• _ '�!' PS�m 4., i :\ * • '� 19 ,`.: j ,.4 ,iia, -
' � � � � ° � - +I �\: "` '' .;.3�5,.� yr .. s ,w � ', i '*;�i' �� •ry�i)//j���''Yvv,.d
,:'era- . ��L' �- t S !� 1PK '•� f '�1g '� v ,.," .� ,...� ' � ..t��'�} �
...4
rwrr , ,��$''�('F-•. '� F� Pa. v .. � ,.;• �., � .,,1 .mow„_ }y�� .. � { , .,�
�t.��'' :.rte . �►�,.. �.���