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HomeMy WebLinkAbout20190941 Ver 1_Minor Variance_20190716Division of Water Resources 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: X Neuse River Basin (15A NCAC 02B.0233) ❑ Major Variance X Minor Variance ❑ Catawba River Basin (15A NCAC 026.0243) ❑ Randleman Lake Water Supply Watershed (15A NCAC 026.0250) ❑ Major Variance ❑ Minor Variance ❑ Tar -Pamlico River Basin (15A NCAC 026.0259) ❑ Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 028.0267) ❑ Major Variance Cl Minor Variance ❑ Goose Creek Watershed (15A NCAC 026.0606 & 15A NCAC 02B.0607) A. General Information 1. Applicant's Information(if other than the current property owner): Name: Gregory Covington Title: 20190941 Street Address: 6215 Chapel Hill Rd. City, State & Zip: Raleigh, NC 27607 Telephone: Cell 919-215-7781 Email: CSgre@bellsouth.net 2. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: Deborah Covington Title: Homeowner Street Address: 6215 Chapel Hill Rd. City, State & Zip: Raleigh, NC 27607 Telephone: Cell 919-215-7780 Email: debcov@bellsouth.net 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): Gregory/Deborah Covington Property Garage 5. Project Location: 5a. Street Address: 6215 Chapel Hill Rd City, State & Zip: Raleigh, NC 27607 5b. County: Wake 5c. Site Coordinates (in decimal degrees): 35.7887214 Latitude -78.72979650000002 Longitude 5d. Attach an 8 34 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. 5e. Attach an 8 %: 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): 0784.17-02 0174 6b. Date property was purchased: 05-01-1981 6c. Deed book 2927 and page number 00882 6d. Map book BM2019 and page number 00810 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 X 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 7 I CL a) M .0 V CA N Il 0 in t ,k I� j a g��tlyt�• 7 y.. 11 S 8. Directions to site from nearest major intersection: Chapel Hill Rd and Edward Mills Rd 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification LIT to Richland Creek 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: NA B. Proposed Activity 1. Project Description 1a. Provide a detailed description of the proposed activity including its purpose: Proiect is to improve the existina 2 carports dated 70th vears old. to an enclosed 3 car aaraae Our plan is to keep the existing footprint concrete will remain with minor disturb in zone 1 buffer grandfather in layout, with new footing. In zone 2, which will accommodate the 3rd car enclosure and lawn equipment's. We are asking for the minor variance to be granted, for this expansion. We both are senior citizen, and Mr. Covington has knees issues which has impacted his health. The proposed project remains closest to the home access which is needed for his independent 1b. Attach a site plan showing the following items as applicable to the project: 0 Development/Project name Gregory/Deborah Covington Property Garage 0 Revision number & date Today 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 Original 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 7 � �— ■ ����----- �__ »cemmwaoe:uDa m: GREGOR»eG DEBORAec:Mwqo& MEREOm TOWNSHIP. m# 2uIM.# �----J--g . x I-FtS z9 w a+am. _ _ _ _ _ ! i YOUNIMMIE. s 27596 L__d �n�_ DATE: AUGUST ,z22 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 Required Zone Number" — Reason for Impact Buffer Zone 1 Impact Zone 2 Impact Permanent (P) or (square feet) Mitigation (square feet) (square feet) Temporary (T) Zone 2 Required 1.5 B1 - ❑ P ❑ T Additional Parking in ❑ Yes ❑ No 0 12X31 zone 2 B2 -❑P ❑T ❑ Yes ❑No B3 -❑P ❑T ❑ Yes ❑No 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. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. 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 7 Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 1" 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. 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 7 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.). Builder will ensure gutter will be directed toward splash pads, and re -planting or add vegetation to enhance existing vegetation 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. N/A 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. Gregory/Deborah Covington, project is to take the existing 2 carports 55th years old, to an enclosed 3 car garage. Our plan is to keep the existing footprint concrete will remain with minor disturb in zone 1 buffer grandfather layout, with new footing. In zone 2, which will accommodate the 3rd car enclosure and lawn equipment's. We are asking for the minor variance to be granted, for this expansion. We both are senior citizen, and Mr. Covington has knees issues which has impacted his health. The proposed project remains closest to the home access which is needed for his independent. As homeowner over the past years we had invested repaired to the stormwater flow to the steam/ditch area, due to all the commercial building adjacent to our property has caused flooding to our home over the last 30 years. We lobbied our case to City of Raleigh to support this issue to ensure the stormwater is properly flowing downstream and channel in the right direction without flooding our home. They have made the improvement. Our experience has been concerning the water flow. if no stormwater runoff occurs, we barely have any water flowing in the steam/ditch area and one side no waterflow at all above ground. FORM: VAR 10-2013 Page 5 of 7 In requesting for this minor variance to be grant as show in the attachment. We would support re -planting vegetation or enhancement of existing vegetation in planting plants to security any further disturb to the environment. Please review the enclosed drawing that show our project. Let us know if you have any further questions. FORM: VAR 10-2013 Page 6 of 7 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). Our hardship (minor variance request is because we both are senior citizen. Mr. Covington has knees issues which has impacted his health. The proposed project remains closest to the home access which is needed for his independent. 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. We have considered our hardship request in zone 2 would have a minimum impact. 4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule. No hardship was not caused by the applicant 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? No 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread. We are asking for the minor variance to be granted, for this expansion in zone 2. We both are senior citizen, and Mr. Covington has knees issues which has impacted his health. The proposed proiect remains closest to the home access which is needed for his independent. We do not expect any further building to zone 2 will be need in the future, that will impact the condition. 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. Ap licant's Certification 1, �jrirc� vu (print or type name of person listed in Section A, Item 2), certify that the information include on this permit application form is correct, that the project will be constructed in conformance with the approved plans and t at the deed stricti ns in accordance with Section F of this form will be recorded with all required permit conditions. Signature: �J / Date: / / r v� c// q FORM: VAR 10-2013 Page 7 of 7