20051484 Ver 1_Complete File_20050803

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PROGRAM
RECEIPT o ??? 1J
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September 19, 2
DWQ #: 05-148 ?F F 2 zn5
COE #: N/A
Micron Quit Run Investments, Inc. WEED NO$10ROX?mn
08 a
Smithfield, NC 27577
Project: Laura Mark Subdivision, Lot 18 County: Johnston
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $524.16, check
number 2857, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404
Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 0 546
03020201
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Z erely,
iam D. Gilmore, PE /
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Jean Manuele, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
R &-f tOYI.GL... F ... P{'OtP,C?LGI? oar state,
AE'
V&ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
i
? o??F W A TF9OG
r
O 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 9, 2005
MICRON Investments, Inc.
Attn: Michael Worley
108 Quail Run
Smithfield, North Carolina 27577
DWQ Project # 20051484
Johnston County
Page 1 of 3
Subject Property: Lot 18, Laura Mark Subdivision, Pine Level, NC
Quicosin Swamp [03-04-02, 27-50-2, C NSW (nutrient sensitive)]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Worley:
You have our approval, in accordance with the conditions listed below, to impact approximately
364 square feet (ftz) of Zone 2 of the protected buffers to construct a house and deck, after-the-
fact, at the subject property as described within your variance request dated August 1, 2005 and
received by the Division of Water Quality (DWQ) on August 3, 2005. This letter shall act as
your Minor Variance approval as described within 15A NCAC 2B.0233(9)(b). In addition to
this approval, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner(s) must be given a copy of this variance approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B.0233) shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ.
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the
DWQ.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
One
Carolina
Np
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
MICRON Investments, Inc.
Page 2 of 3
9/9/05
2. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 546
square feet as required under this variance approval and 15A NCAC 2B .0242. We
understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0242, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10). Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this variance approval shall occur.
Ms. Susan Klimek should be contacted at [phone] if you have any questions
concerning payment into the EEP. For accounting purposes, this variance approval
authorizes payment into the Riparian Buffer Restoration Fund to compensate for
546 ft2 of required riparian buffer mitigation for impacts to 364 ft2 of protected
riparian buffers; 03-04-02, 27-50-2 river and stream index."
3. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained protective
buffers in order to assure compliance for future buffer impact. These mechanisms shall
be put in place within 60 days of the date of this Minor Variance Approval. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
4. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5). This shall be
accomplished by all the stormwater from the rear of the residence being collected by rain
gutter and channeled out of the 50 foot restricted buffer. A grassed berm will be
constructed to provide diffuse flow back through the buffer.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
MICRON Investments, Inc.
Page 3 of 3
9/9/05
6. Nutrient Removal
To enhance the nutrient removal function of the non-forested riparian buffer area, 8
native trees are to be planted along the subject feature on the backside of the property
(south-western property boundary).
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Ms. Debbie Edwards
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
Alan W. Klimek, P.E.
AW K/dae
Enclosures: Site plan
EEP Notification
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Steve Mitchell-1813 Lancaster Dr., Garner, NC 27529
20051484Lotl 8LauraMarkSD(Johnston)MiV
F
LEGEND
BC BACK OF CURB
CP COMPUTED POINT
EP EDGE OF PAVEMENT
EIP EXISTING IRON PIPE
EOP EDGE OF PAVEMENT
R/W RIGHT-OF-WAY
X 100.0 SPOT ELEVATION
AREA COMPUTED BY COORDINATE METHOD
REF: BEING A SURVEY AND MAP OF
ALL OF LOT 18 LAURA-MARK SUBDIVISION,
AS RECORDED IN P.B. 64. PGS. 287-288
OF THE JOHNSTON COUNTY REGISTER
OF DEEDS OFFICE.
ALSO BEING A PORTION OF THE PROPERTY
DESCRIBED IN D.B. 2717, PG. 819 \
NOT INTENDED FOR RECORDATION
S0.?p^
11 55 1
UGC'

(L
c
?N

VICINITY MAP
(NO SCALE)
o i
i
N/F `gyp. FROM FINAL PLAT) `y7
AUDREY CROCKER
UFE ESTATE o° 3 G H/ S p• Fr, s A /
D.B. 468, PG. 429 4Fb
\ 7 ?0
\ Ol >O
REFE TO PLAT AND RTRICVE
\\ o0, C
OVENRANTS FORRA DITI NAL NOTES ANDn
fr? RESTRICTIONS.
?n SCALE IN FEET
1411111
i, ADRIAN J BALL III. CERTIFY THAT THIS PLAT ?wA CARP 0 20 40 80 120.
PRAC71CED FOR ACCORDANCE
LAND SURVEYING IN NORTHCAF,W //Add • ?••• ••??'+'
WITNESS MY ORIGINAL SIGNATURE, REGISTRA 93'o 1SURVEY FOR
AND SEAL THIS 20TH DAY OF JUNE A. p .4-1
s? " DENA ANN BALLANCE
ADRIAN J. BAL. 114 PWOFFESStONAL LAND SU3VEt Oft{ N . L-3687
11yy?. LOT 18 LAURA-MARK SUBDIVISION
3UA,,.•.•
ADRIAN J. BALL 111, f L: TIERS TOIANSHIP JOHNSTON COUNTY
PROFESSIONAL LAND SURVEYOR NORTH CAROLINA
418 PECAN DRIVc
AMA.
(9919 19) C. 927576 SCALE: 1" =. 50' DATE: 06-20-05
965-
?0F W ATF9p Michael F. Easley, Governor
?? G William G. Ross Jr., Secretary
UJ r North Carolina Department of Environment and Natural Resources
O .? Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B .0242, MICRONbrvestn:ents, Inc. has permission as outlined below to
impact protected Riparian Buffers for the purpose(s) of constructing the residential house and deck in
Johnston County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DATE:
LOCATION:
DWQ PROJECT NO:
COUNTY
BASIN/ STREAM INDEX
September 9, 2005
Lot 18, Laura Mark Subdivision
20051484
Johnston
03-04-02/27-50-2
As required by 15A NCAC 2B .0233(9), you are required to compensate for the above impacts through
the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact
or degrade the waters of the state.
Impacts:
364 Square feet of Riparian Buffers
Mitigation:
546 Square feet of Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it along with a copy of your Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
152 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] /Internet: htto://h2o.enr.state.nc.us/ncwetlands
Narolina
m` C
Ntnrally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Variance Triaqe Sheet
DATE: 8/10105
PROJECT NAME: Laura Mark S/D, lot 18
DWQ #: 2005-1484
COUNTY: Johnston
TO: Mike Horan, Raleigh Regional Office
FROM: Debbie Edwards TELEPHONE: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
"General" Major Variance
Minor Variance
COMMENTS: Mike, this is one of the sites that Steve Mitchell, you
and myself were going to visit on July 22, 2005. You couldn't make it
and wanted me to handle, I went to the site and I am OK with issuing
the After-the-fact variance. I am sending you this as an FYI.
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality 2 0 0 5 1 4 8
[\U G 3 2005
Variance Request Form - for Minor Vadances `;' ' ?,Y
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
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): _MICRON
Investments, Inc.
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: -Michael Worley
Title: -Owner
Street address: 108 Quail Run
City, State, Zip: Smithfield, North Carolina 27577
Telephone: (919 )_934-8077
Fax: ( 919 ) 934-0205
3. Contact person who can answer questions about the proposed project:
Name: -Steve Mitchell IS I? Lcti??c.a ? +/7 Cam[ tuw_/ 2-75-zq
Telephone: T919) 550-9055
Fax:
Email: _srmitchell51 @yahoo.com
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 13 Laura Mark Subdivision
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
Lot 18Laura Mark Subdivison
-Pine Level, N.C.
Johnston
6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
-Peden Road south from Pine Level, left on Jill Blvd, right on Knollwood. House to right at
intersection with Daylon Dr. to left/Andrew Blvd to right.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
_Quincosin Swamp
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) C NSW
8. Which of the following permits/approvals will be required or have been received already for
this project? None
Required: Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
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) 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 ff.]: _House constructed with deck in Zone 2 of riparian buffer. 364 /-
square feet of impervious impact.
2. 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:
_House is occupied
3. 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.):
-All stormwater from the rear of the residence will be collected by rain gutter and channeled
out of the 50 foot restricted buffer. A grassed berm will be constructed to provide sheet flow
Variance Request Form, page 2
Version 2: November 2000
back through the buffer. Payment will be made to the riparian buffer restoration fund for 364
square feet at $0.96 per square foot times the multiplier for Zone 2 impacts (1.5) totaling
$524.16. The home owner will be required to abide by a restricted conservation easement
that will prevent future encroachment into the buffer. This location (50 foot setback) is shown
on the final plat. In addition, eight native trees will be planted along the subject feature to
further enhance the nutrient removal capacity of the
buffer.
3. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. _The occupied residence would have to be relocated.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The feature was incorrectly identified as an agricultural ditch.
(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: 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 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, -Michael Worley (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:
Variance Request Form, page 3
Version 2: November 2000
LEGEND
G
BC BACK OF CURB N
CP COMPUTED POINT
EP EDGE OF PAVEMENT a
EIP EXISTING IRON PIPE Y
EOP EDGE OF PAVEMENT
R/W RIGHT-OF-WAY 8
X 100.0 SPOT ELEVATION N sli
AREA COMPUTED BY COORDINATE METHOD
zz
REF: BEING A SURVEY AND NAP OF 44~
ALL OF LOT 18 LAURA-MARK SUBDIVISION, S
AS RECORDED IN P.B. 64. PGS. 287-288
OF THE JOHNSTON COUNTY REGISTER
OF DEEDS OFFICE.
ALSO BEING A PORTION OF THE PROPERTY
DESCRIBED IN O.B. 2717, PG. 819 VICINITY MAP
NOT INTENDED FOR RECORDATION (NO SCALE)
'92
3 '
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`AD• 'p ?9 ?L y APPROXIMATE 50' RIPARIAN
BUFFER (LOCATION SHOWN SCALED ' /
AUDREY NIFROCKER FROM FINAL PLAT)
LIFE ESTATE o0 3 6.9 Pr :r A.) D.B. 468, PG. 429
\ ?m. \ AA ? UeJcS' /I
?'o
\ oc` rp
REFER TO PLAT AND
\\ o/TC?.p, C
OVENANTS FORRADDITIONAL NOTESSANDnVE
S? RESTRICTIONS.
F SCALE IN FEET
1. ADRIAN J. BALL III. CERTIFY THAT THIS PLAT IYAS?` 1CtAR0 20 = a0 HO 'P 120.
PREPARED IN ACCORDANCE PATH STANDARDS "..•••+••..,, Aft/?
PRACTICE FOR LAND SURVEYING IN NORTH CAZI A"t?' Gss1a
YATNESS MY ORIGINAL SIGNATURE, RE=IRRA O?tJ fccN `4?'•: SURVEY FOR
AND SEAL THIS 20TH DAY OF JJNE A. Q:Y k-
? SEAL = DE NA ANN EALLANCE
ADRIAN J. BALL III, PBOFESSiONAL LAND SU,'.VEY RR? No L-3687,6
=,.q `.?Io•, LOT 18 LAURA-MARK SUBDIVISION
ADRIAN J. BALL III,
PROFESSIONAL LAND SURVEYOR WILDERS TOWNSHIP JOHNSTON COUNTY
416 PECAN DRI?c NORTH CAROLINA
SELIVA. N. C. 27576 SCALE: 1" = 50' DATE: 05-20-05
(919) 96-5-9123
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Kenly West quadrangle M=-9.065
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http://www.topozone.com/print.asp?z--l 7&n=3932374.99936418&e=749647.000175567&;... 6/29/20 05
OFFICE USE ONLY: Date Received Request #
State of North Carolina a
Department of Environment and Natural Resources 2 0 0 5
Division of Water Quality
y!1
AUG ? »?.5
Variance Request Form - for Minor Vatiscr???es ,!,i" -i
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
Applicant's name (the corporation, individual, etc. who owns the property): _MICRON
Investments, Inc.
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: -Michael Worley
Title: Owner
^
Street address: 108 Quail Run
City, State, Zip: Smithfield, North Carolina 27577
Telephone: (919 )_934-8077
Fax: ( 919 ) 934-0205
3. Contact person who can answer questions about the proposed project:
Name: -Steve Mitchell
Telephone: ( 919) 550-9055
Fax:
Email: _srmitchell51 @yahoo.com
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 13 Laura Mark Subdivision
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
Lot 181-aura Mark Subdivison
-Pine Level, N.C.
Johnston
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
-Peden Road south from Pine Level, left on Jill Blvd, right on Knollwood. House to right at
intersection with Daylon Dr. to left/Andrew Blvd to right.
7
Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
_Quincosin Swamp
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) C NSW
8. Which of the following permits/approvals will be required or have been received already for
this project? None
Required: Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) 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 fts.]: _House constructed with deck in Zone 2 of riparian buffer. 364 /-
square feet of impervious impact.
2. 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:
_House is occupied
3. 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.):
-All stormwater from the rear of the residence will be collected by rain gutter and channeled
out of the 50 foot restricted buffer. A grassed berm will be constructed to provide sheet flow
Variance Request Form, page 2
Version 2: November 2000
back through the buffer. Payment will be made to the riparian buffer restoration fund for 364
square feet at $0.96 per square foot times the multiplier for Zone 2 impacts (1.5) totaling
$524.16. The home owner will be required to abide by a restricted conservation easement
that will prevent future encroachment into the buffer. This location (50 foot setback) is shown
on the final plat. In addition, eight native trees will be planted along the subject feature to
further enhance the nutrient removal capacity of the
buffer.
3. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. _The occupied residence would have to be relocated.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The feature was incorrectly identified as an agricultural ditch.
(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: 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 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, -Michael Worley (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:
Variance Request Form, page 3
Version 2: November 2000
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