HomeMy WebLinkAbout20191040 Ver 1_Minor Variance_20190801State of North Carolina
DWR 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:
❑ Neuse River Basin (15A NCAC 02B.0233)
❑ Major Variance ❑ Minor Variance
❑ Catawba River Basin (15A NCAC 026.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.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 02B.0267)
❑ 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: Wayne and Marci Boswell
Title: Owner
Street Address: 4018 Windflower Ln
City, State & Zip: Denver NC 28037
Telephone: 980-228-0338
Email: wayne.boswell@gmail.com
FORM: VAR 10-2013
20 1s1
X40
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):
Boswell Porch
5. Project Location:
5a. Street Address:
City, State & Zip:
5b. County:
4018 Windflower Ln
Denver NC 28037
5c. Site Coordinates (in decimal degrees):
Latitude Longitude
5d. Attach an 8 %2 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): 84406
6b. Date property was purchased: 07/02/2015
6c. Deed book 2529 and page number 388
6d. Map book 13 and page number 329
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)? NA
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? NA
FORM: VAR 10-2013 Page 2 of 6
8. Directions to site from nearest major intersection:
Turn on to Webbs Rd in Denver NC off of HWY 16 Turn left on to Cindy Ln. Right on Sellers Way. Right on Windflower Ln
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Class C
Lake Norman
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:
N/A
I_1
N/A
N/A
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
Recreational patio area with minor encroachment into the edge of the 50' Watershed Buffer.
Minimal amount of impervious (less than 10 sq/ft) added within the buffer. This area is outside of the more
restricted 30' lakeside zone.
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
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
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)
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' — Reason for Impact
Permanent (P) or
Temporary (T)
Buffer Zone 1 Impact
Mitigation (square feet)
Required
Zone 2 Impact
(square feet)
B1 - ® P ❑ T Patio area with pavers
X Yes ❑ No 0
10
B2 -OP ❑T
❑ Yes ❑No
B3 -QP ❑T
❑ Yes ❑No
(square feet)
Zone 1'
Total Buffer Impacts
10
'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.
Revegetation will be used to mitigate for the impervious area.
3a. Is buffer restoration or enhancement proposed? X 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 X 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'
0
3
(2 for Catawba only)
0
Zone 2
10
1.5
15
Total Buffer Mitigation Required:
15
'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.
Revegetation will be used to mitigate for the impervious area.
3a. Is buffer restoration or enhancement proposed? X 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 X 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.).
There is no concentrated flow leaving the new impervious area. Sheet flow will occur off the pavers and then
Be filtered by the remaining 40 ft buffer prior to entering Lake Norman.
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. N/A
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. N/A.
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. N/A
2b. Attach a Supplement Form for each structural BMP proposed. N/A
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed. N/A
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.
This flat area using pavers was installed to provide a flat level area for chairs. There are two (2) individuals that live at this
home that have mobility issues one of which is a disabled veteran. The area used was chosen because it was a flat area
that would need minimal grading. The contractor and owner were not aware of the minor encroachment into Zone 2
of the watershed buffer.
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 hardship would occur from the expense of having to remove the pavers due to unintentional
encroachment into zone 2 of the watershed buffer. Revegetation will be used to mitigate for this impact.
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.
This area was flat and did not require grading to add the pavers to the ground.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The potential buffer rule violation was done unknowingly to the owner.
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?
6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
T. 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, Wayne Boswell (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 Rermit cgpditions. . , /I
Signature:
Date: r 9
FORM: VAR 10-2013 Page 6 of 6
STATE OF NORTH CAROLINA LINCOLN COUNTY
W/NDFLOWER LANE
'I, CHRISTOPHER D. FAULK, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 2487. PAGE 253 OR OTHER REFERENCE SOURCE_): THAT THE BOUNDARIES
NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN BOOK PAGE
OR OTHER REFERENCE SOURCE
THAT THE RATIO OF PRECISION OR POSITION ACCURACY IS 1:10,000, AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE
STANDARDS OF PRACTICE FOR LAND SURVEIING IN NORTH CAROLINA ( 21 NCAC 56. 1800).' THIS 19th DAY OF MAY, 2015.
AREA PER F.E.M.A. FLOOD
PRELIMINARY
PROFESSIONAL LAND SURVEYOR APPROXI
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STATE OF NORTH CAROLINA MECKLENBURG COUNTY
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ncorn ouniy an lts mappmg contractors assume no legal respons. , ty or ie t ormal an contained on is map: s map is nog to a uses or
and conveyance. The map is based on NC State Plane Coordinate System 1983 NAD. Lincoln County, NC Office of the Tax Administrator, GIS
ivlsion
http://207.4.172.206/set•vlet/com.esri.esrimap.Esrimap?ServiceN,,ime=LCov&Form=TrLie... 11/3/2014
Alan Johnson
North Carolina Dept. of Environmental Quality
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville NC, 28115
Wayne Boswell \
4018 Windflower Lane
Denver NC, 28037
Reference: Notice of Non -Compliance 4018 Windflower Lane, Denver NC
Mr. Johnson,
22 July, 2019
RECEIVED/NMENR/DWR
JUL 25 201P,
WQROS
MOORESVILLE REGIONAL OFFICE -
I received notification from your office that changes made to my backyard since we moved into our house
(April 2017) are not in accordance with NC rules and regulations. As such I called your office twice to
clarify the reasons for the letter and to discuss actions to bring my backyard into compliance. I am in the
process of filling out the document you forwarded to me to request a variance for the firepit which is
partially in the Zone 2 area. The firepit extends approximately 4 feet into the Zone 2 area. The firepit total
area is approximately 20 feet in circumference.
As I discussed with you during those two calls, I requested approval to fill in a pit in my backyard that
was in the Zone 2 area. You provided that approval for me to bring in dirt to fill the pit. Because we
brought in approximately 6 yards of soil, I installed a silt fence and spread grass seed and pine straw to
ensure the dirt stayed in place and did not wash into the lake. As such grass grew in the Zone 2 area.
Additionally as discussed we removed two diseased trees and some scrub and vines. The arborist stated
that the vines were partially responsible for the damage to those two trees. Your letter requires that I plant
eight 8 foot trees dispersed across the Zone 1 and Zone 2 area. The letter also stated that I must plant five
smaller native trees (2 inch in diameter) randomly in the buffer. In response I emailed two pictures to you:
a picture taken shortly after we moved into the house in April 2017, and a current photo from the same
vantage point. I believe you can clearly see from the photos that no more than two trees were removed.
I have no problem in planting smaller plants and trees per your letter, but I believe the requirement to
plant eight 8 foot trees in that area in responsive to the changes is overly burdensome and will have a great
impact on the environmental condition of the area than leaving it as it currently is. Planting that size tree
will require that I move a substantial amount of soil and bring equipment into the area to move, dig holes
and plant trees that will be transported in approximately 45 gallon containers (more than I can carry as a
disabled Veteran).
Contained with this letter is the application for a variance for the firepit and three property plats. As I own
two adjacent lots, I am demonstrating where it falls between both properties.
S' erely,
WAYNE C. BOSWELL — 980-228-0338