20070315 Ver 1_Major Variance_20070219

Jon M. Henry
20070315
February 15, 2007
N.C. Division of Water Quality
Mail Service Center 1650
Raleigh, NC 27699-1650
ATTN: Amy Chapman
Dear Ms. Chapman,
510 Loblolly Dr.
Durham, NC 27712
919.620.3765
Jhenryl 117C~3verizon.net
Please find the enclosed documents in support of our request for a minor variance in the
Neuse River Basin Riparian Area (Buffer) Protection Rules for our property in Durham.
I was not certain that the free topographic maps I found online would be of sufficient
resolution for your needs. So, I went back to Topozone and downloaded a set, including
aerial photos. The 1:24,000 map is dated 1977. As a result it does not show current detail
of our neighborhood in Treyburn. I included two of the maps from The National Map site
so you could see where the streets are, along with two photos (1993 & 2002).
If you would like to view any of the map or photo files online, I would be happy to a-mail
them to you.
Thank you so much for taking the time to explain everything to me last week. You have
been very helpful.
ours truly,
Jon M. He
~~~~~~~
~~..
f= EB 1. ~ 2~J07
~~NR - WA7E1~ C2UALITI'
~.~:I_TLA?~9~ at,~n ~ T(?I?°.+!kt!":1'~!' EzRANCH

OFFICE USE ONLY: Date Received _,_e_ Request # _
State of North Carolina
Department of Environment and Natural Resources 2 0 0 7 0 3 1 5
Division of Water Quality
Variance Request Form -for Minor Variances
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.
X 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):
Jon M. Henry and Jennifer A. White
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Jon M. Henry and Jennifer A. White
Title: N/A
Street address: 510 Loblolly Dr.
City, State, Zip: Durham, NC 27712
Telephone: [phone]
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Jon M. Henry
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Version 2: November 2002

4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Henry & White Gazebo
5. Project Location:
Street address: 510 Loblolly Dr
City, State, Zip: Durham, NC 27712
County: Durham
Latitude/longitude: Lat 36.07.35 Long 78.51.10
6. Directions to site from nearest major intersection (Also, attach an 8'/Z x 11 copy of the USGS
topographic map indicating the location of the site):
Turn onto Loblolly Dr from Staggville Rd. and continue approximately'/z mile to 510
Loblolly.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT -- uncertain what it drains into, possibly Flat River
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: ____ ._
8. Which of the following permits/approvals will be required or have been received already for
this project?
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 ft2.]:
We would like to build a 10' screened gazebo just off of and directly behind the existing
patio. Because most of our backyard is in zone 2, about half of the gazebo (approx. 42
sq. ft.) would extend into zone 2.
Variance Request Form, page 2
Version 2: November 2000

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:
The only way we could position the gazebo so that it was completely outside of zone 2
would be to overlap the corner of the patio and place the gazebo to the side of the house.
This would make the gazebo visible from the street, thus reducing our privacy, and
significantly reduce useful space on the patio.
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.):
To manage runoff from the gazebo roof, we will install a gutter system around the entire
roof with the discharge on the front side of the gazebo, which will be outside of zone 2.
To mitigate the loss of approximately 42 sq. ft. of zone 2 that will be covered by the
gazebo, we will plant:
- 1 flowering dogwood (Cornus florida) in the north corner of the lot and another in the
east corner
- 2 Forsythia bushes at the rear of the lot directly behind the house
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Please see Part 2, item 2 above.
(2) How these difficulties or hardships result from conditions that are unique to the
property involved.
Almost the entire backyard is in zone 2. Because of the close proximity of the stream to
our backyard, we have a serious mosquito problem in the warmer months, which reduces
the amount of use we get from our patio.
(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.
N/A
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.
Variance Request Form, page 3
Version 2: November 2000

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, Jon M. Henry, 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: ~ -/S- ZUV7
Title: Homeowner
N/A
Variance Request Form, page 4
Version 2: November 2000

unnamed intermittent stream
92.0 ft
70.6 ft

Henry & White Gazebo Project
510 Loblolly Dr, Durham, NC 27712
View from the patio looking back toward the stream
View from rear property line looking toward the patio
February 7, 2007

Henry & White Gazebo Project
510 Loblolly Dr, Durham, NC 27712
February 7, 2007
View from the top of the patio stairs looking toward the east corner of the yard
View from northwest looking southeast
2

20070315
c
0

2 0 0 70 3 1 5
~ ~ 1~

20070315

~,~.~ ~,s~ ~~ ~~ ~~ 2 D O 7 0 3 1 5

A
W
CA
W ~ t W
~ m f~
N ~ ~
m
J # W V
Z~ ' 'Z
f 1
t. _...._..__..____..4
V
W
A
V
CO
fD
O i
(~
~ i
3
O
O
a S
N ~`-
N ~
N d
N ~
a
~ 3 ~d
~ ~ ~ O ~ ~
~ ~ ~ i
~ ~
A
_._ _ ...
~~ o ~ o ~~
36°8'N 36°9'N

~ "31
a
ro ~~
O
ti
m
a
5
0
a
V
W
N
V
N
W<
W ~ ~~
m
°>~ m Iv
z ~ ~z
' E C
v
A
A
N
tCD
fD
O
N
S
O
n
O
O
a ~
~_
m ~
~ m
N ~
m
m
^ ~ a O
~ ~
W ~
A
~ 0 0 ~ ~ ~ ~ 5
36°4'N 36°6'N 36°8'N 36°10'N