20191199 Ver 1_Minor Variance_20190910

It
ROBIN LIVELY
GARY KABOT
8715 Dog Leg Road
Sherrills Ford, NC 28673
704-644-0758
September 4, 2019
Ms. Karen Higgins
Supervisor — 41 and Buffer Permitting Branch
State of North Carolina
Division of Water Resources
Wetlands Unit
1617 Mail Service Center
Raleigh, NC 27699
Dear Ms. Higgins:
RECEI`vEDIDENR/DWR
SEP 10 2019
Water Resources
Psrrnit,ing Section
Mr. Alan Johnson, Senior Environmental Specialist with the Mooresville Office of the Division of
Water Resources, instructed us to submit the attached Form VAR 10-2013. We recently met with
Mr. Johnson regarding a July 29, 2019 Notice of Violation, Catawba Riparian Buffer Rule, NOV-
2019-PC-0544 we received related to our lot at 181 Park Crest, Troutman, NC. Based on our
meeting with Mr. Johnson to discuss what we needed to do to correct this situation, we proposed
a plan of corrective action. The following is the plan we submitted to Mr. Johnson to rectify the
Violation which he approved:
1. Contact Kelly Williams at the Department of Mitigation Services ("DMS") in
Mooresville to determine the mitigation amount required to resolve the 375 square feet
of boulders placed in the buffer zone per his e-mail of August 27th and make payment
to the DMS for such amount.
2. We agree to plant 20 new trees meeting the requirements stated in the letter dated July
291h, i.e. three inches in diameter at breast height, eight feet in height, and of a native
species to be planted randomly throughout the impacted area. As we discussed, given
the issues related to watering such trees, we agree to have them planted no later than
March 15, 2020. Pictures will be submitted to you upon planting and on the one year
anniversary of such date.
As we discussed in our meeting with Mr. Johnson, the lot is sloped to the lake and, given our ages,
we did not want a walk -out basement house. Therefore, we had to have extensive work done on
the lot to level the building area. This then required the building of retaining walls at both the
front of the property and at the 50 foot line from the lake. To help prevent any run-off, we had a
line of natural boulders placed at the edge of the 30 foot buffer which, along with the removal of
certain trees, created the violation. We are truly sorry for the Violations that ocurred and we look
forward to the amicable resolution of this matter.
9

it
Since Mr. Johnson's approval of the plan, we have contacted Kelly Williams at the DMS and
obtained her approval for the mitigation payment. However, Mr. Johnson subsequently informed
us that, due to the fact that he is allowing us to leave an unapproved impact in the buffer, this needs
to be handled as a variance. He told us that doing so will allow us to properly process for the
mitigation through the DMS. As a result, we are attaching the Variance Application Form 10-
2013. We are also attaching the following supporting documentation:
1. The July 29, 2019 Notice of Violation, Catawba Riparian Buffer Rule, NOV-2019-PC-
0544 we received related to our lot at 181 Park Crest, Troutman, NC.
2. A Plat of the property indicating the location of the house to be built and placement of
the required retaining walls.
3. The Plat marked up to show the 30 foot buffer zone, location of the boulders that are
in violation, the section of the buffer containing the original 28 trees that were on the
property, and our plans for the planting of the 20 new trees.
4. Picture 1 — A picture from the lake showing the shoreline and the boulders that are in
violation (just behind the first silt fence).
5. Picture 2 — A close up of the boulders in violation.
6. Picture 3 — Looking down from the retaining wall at the 50 foot buffer line at the
boulders in violation.
Please let us know if you have any questions regarding the Variance Application.
We really appreciate your assistance in this matter.
Syours, A.�
Robin Lively & Gary Kabot

State 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 0213.0243)
❑ 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 02B.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: Robin Lively
Title:
Street Address 8715 Dog Leg Road
City, State & Zip: Sherrills Ford, NC 28673
Telephone: [phone]
Email: [e-mail]
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):
Falls Cove —181 Park Crest Drive, Troutman, NC 28116
5. Project Location:
5a. Street Address: 181 Park Crest Drive
City, State & Zip: Troutman, NC 28116
5b. County: Iredell
5c. Site Coordinates (in decimal degrees): Latitude Longitude
5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. Attach an 8 Y2 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): Lot 669
6b. Date property was purchased: January 26, 2018
6c. Deed book and page number
6d. Map book 53 and page number 45
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 6

8. Directions to site from nearest major intersection:
Rt 150— North on Perth Road —Left onto State Park Road —Left onto Morrison Farms Road —Left onto Park Crest Drive
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
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:
B. Proposed Activity
1. Project Description
1a. Provide a detailed description of the proposed activity including its purpose:
House construction and shoreline stabilization. See attached drawings.
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 Zone 2 Impact
Mitigation (square feet) (square feet)
Required
131 - ❑P ❑T
❑ Yes ❑No
B2 - ® P ❑ T Level lot for house
❑ Yes ❑ No 375
B3 - ❑P ❑T
❑ Yes ❑No
Total Buffer Impacts 375
'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.
Mitigation will include the planting of 20 new trees in Zone 1.
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?X 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'
375
3
750
(2 for Catawba only)
Zone 2
1.5
Total Buffer Mitigation Required:
750
'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.
Mitigation will include the planting of 20 new trees in Zone 1.
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?X 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.).
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.
Due to our ase we cannot build a walk -out basement home. Leveling of the lot and building retaining walls was required.
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).
To retain soil needed natural boulders in place in 30 foot buffer zone.
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.
Sloped lot not conducive to non -walk -out basement home.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
Unknowingly violated buffer rule.
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.
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, Robin Lively (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:
Date: ! ' �` - /Y
FORM: VAR 10-2013 Page 6 of 6

1:01 COOPER
MICHAEL. S. kEGAN
_ ."I, ""rl-
LINDA CULPEPPER-
�;;
Environmental Qua.'i'+
Jule 29. 2019
Certified Mail: 7018 0360 0002 2099 2274
Return Receipt Requested
Ms. Robin Lively
8715 Dog Leg Rd.
Sherrills Ford. NC 28673
Subject: Notice ofi iolation
Catawba Riparian Buffer Rule
NOV-2019-PC-0544
181 Park Crest, Troutman
Iredell County
Ms. Lively:
On July 26, 2019, in response to a complaint staff conducted a site inspection at the subject
site. During the investigation it was noted that z1w entirety of the buffer along the shoreline (216
ft.) had been cleared and graded. The impact observed within Zone I of the Catawba Riparian
ti _rA NC-yC 02B .0243) is not allowed. Based on the observations at the site, this
correspondence is being issued as a Notice of Violation for the unapproved impacts to the buffer.
On June 30, 2001, the Buffer Rule established a 50 ft. buffer, measured from the full
pond elevation of the lake. The Buffer consists of two (2) Zones. Zone 1 is the first 30 ft.
measured from full pond of the lake and Zone 2 is the next 20 ft. Zone 1 is to be maintained as a
natural buffer. Zone 2 may be cleared. 'Dut must remain in a vegetated cover.
Required Corrective Action:
1) Thirty-nine (39) trees, three inches (3") in diameter at breast height, eight (8) feet in
height, and of a native species (pine, oak, sycamore, maple, river birch) shall be planted
randomly throughout the impacted area within Zone I with emphasis given to the open
areas (trees should not be clustered). The trees shall be planted by October 30, 2019.
2) The trees shall be monitored for one growing season. Should they fail to thrive, they
shall be replaced as required. Photos shall be submitted upon planting and again
following one year of monitoring.
3) Zone i of the buffer shal I be returned/maintained in natural cover (e.g. leaf litter, pine
straw. mulch).
4) No stonnwater outfalls shall discharge directly to the lake. Any outfall shall discharge
prior to 50 ft of the top of riprap. Runoff should be managed so that it enters the area
as sheet flow/dispersed.
� \or * Carof3n:+Dcpar lment of Cnvirontrcntaf QU;IHfy . Division of Waler Rcsourer,
D EE Q
i,10EastCenterAvcriuc.Suite301' Moore, illy. North:_xrrtr_t.'. !P,

If you have an explanation or any information/documentation related to the noted
violation that you wish to present, please respond in writing within fifteen (15) days of receipt
of this Notice. Your response should address a time line and a plan of action to achieve
compliance.
Please note that pursuant to G.S. 143-215-6A these violations and any future violations
are subject to civil penally assessments of up to $25,000.00 per day for each violation. Failure
to plant the trees by 4me stated date will brim further enforcement actions. Thank you for your
attention to this matter. It is re:;e e: _hat Iredell County hold any permits/approvals for
this site until the matter is resolved. Shc: z- -. u have any questions regarding these matters.
contact Mr. Alan Johnson at a l jqj j j)hn,on : - -:o :r.guy or(704) 63-1699.
Sincerely_
:-=S*- Y
a cs H PU#-14 for
\V. Corey Basinger, Regional Supervisor
Rater Quality Regional Operations Section, MRO
D:: ision of Water Resources, NCDEQ
Attachments
cc:` Randall Moore, Iredell County, email
Shelton Sullivan — Compliance,fEnforcement

Current condition Julv 2019:
'_ ''` � �.��� x •:/�'i'�i • . f . 'C� `" sem.

PARK CREST DRIVE
40' Public R/W
•C1t'
CURVE RADIUS
1
N
C1 50.00'
26.91' 1 N67'15'47"E 1
28.59'
l�
31.70'
t13
S0743'42E
S
DECIMALS THEREOF
1
VISE INDICATED.
L4
i9 AND PLAT BOOK
;TER OF DEEDS.
A TITLE
JBJECT TO
RESTRICTIVE
?EON.
JUNE 28, 2007.
9? PUBLIC OR
GROUND
OBSERVED AND
S RESPONSIBILITY
IY CONSTRUCTION.
MISIBILITY FOR
i.
)F LAND AND
;,STREET.
POINTS ONLY.
SUBJECT
FEDERAL
:E RATE MAP
EIDATE OF MARCH
3p5.24' '-Toto
77.55-7 59" W �
TAX ID: 4639-29-0114
LOT 670
JEFFREY S do ELAINE M MARTIN
DB: 2135 PG: 1624
PB: 52 PG: 43
CURVE TABLE
CURVE RADIUS
ARC I BEARING
CHORD
C1 50.00'
26.91' 1 N67'15'47"E 1
28.59'
N NNN.
NNLAKE NOR
NNN N N NNN.
PLOT PL
LOT 669 - DALES C
P$ASZ 6 l
PLAT HOOK 52 P.
181 PARK CRE:
FALLSTOWN TOWNSHIP, IREDELL
Prepared For: 4G DESIGN BU
P.O. BOX
TROUTMAN, NC
PATMMON LAND s
NC LICENSE #:
P.O. BOX 5010, MOORES
PHONE: [phone]
Drawn B : MDH I Checked By. JHP I S<
Tax PIN: 4639-29-0256 1 1"
Date: November 8, 2018
File: 18089—Lot669FallsCove
UNE TABLE
UNE
BEARING
DISTANCE
Li
S1727'16"E
31.70'
L2
S0743'42E
16.14'
L3
S49'44'07"W
15.87'
L4
S5W47'31 "E
8.82'
LS
S3706'05"E
19.94'
L6
S33'17'37"W
22.97'
L7
S86'33'36"E
14.44'
LB
S1627'31"E
13.39'
L9
S27'02'15"W
16.98'
N NNN.
NNLAKE NOR
NNN N N NNN.
PLOT PL
LOT 669 - DALES C
P$ASZ 6 l
PLAT HOOK 52 P.
181 PARK CRE:
FALLSTOWN TOWNSHIP, IREDELL
Prepared For: 4G DESIGN BU
P.O. BOX
TROUTMAN, NC
PATMMON LAND s
NC LICENSE #:
P.O. BOX 5010, MOORES
PHONE: [phone]
Drawn B : MDH I Checked By. JHP I S<
Tax PIN: 4639-29-0256 1 1"
Date: November 8, 2018
File: 18089—Lot669FallsCove

1 ►► � w �
PARK CREST DRIVE ty Z
40 Public R/W 4 -
TAX
TAX ID: 4639-29-0420 i \ �►
C,1 LOT 668 I/
MATTHEW D & MOLLY M LOCKHART
DB: 2330 PG: 2226 p
PB: 52 PG: 43 p cic
LINE TABLE
LINE
OO Oa E 3p4.42
DISTANCE
L1
S1727'16'E
31.70'
N78
S0743'42"E
16.14'
L3
S49'44'07"W
15.67'
L4
S54'47'31 "E
8.82'
L5
`
19.94'
L6
S33'17'37`W
22.97'
50.7• 14.9'
a 70
S66 33'36"E
14.44'
FLB
S16'27'31"E
7.7'
L9
S27'02'15"W
16.98'
!.0
Proposed
"KABOT/LIVELY
LOT 669
j
0 'a; Residence
�S ;
0.998 ACRES
3'
'g9' N 2.0' A
a.
Ia
'•`
c � e
"- 2.0, it 3.0
{fie
32.5' a
N 4.0'
00
1
°
'
c
o
m 37.0' o
'
Proposed
Concrete 13.0
1
I
$
Drive
I
294.24,tbocck�
1
_
W 305.24' Total
579'57'59,
DECIMALS THEREOF
VISE INDICATED.
I
i9 AND PLAT BOOK
TER OF DEEDS.
A TITLE
J 1
RESTRICTIVE TO
2EON.
JUNE 28, 2007.
R PUBLIC OR
GROUND 1
OBSERVED AND
S RESPONSIBILITY
IY CONSTRUCTION.
)NSIBILITY FOR
i.
)F LAND AND
;,STREET.
POINTS ONLY.
SUBJECT
FEDERAL
:E RATE MAP
i DATE OF MARCH
TAX ID: 4639-29-0114
LOT 670
JEFFREY S & ELAINE M MARTIN
DB: 2135 PG: 1624
PB: 52 PG: 43
CURVE TABLE
CURVE RADIUS ARC BEARING I CHORD
C1 50.00' 26.91 N67 -15-47"E 1 26.59'
LL x C�--LAKE NOR
oA
119,
b ro }� C
v <j
54.
}
iQ O
PLOT PL
LOT 669 - FALLS C
PHASE 6 l
PLAT BOOK 52 F
181 PARK CRE:
FALLSTOWN TOWNSHIP, IREDELL I
Prepared For: 4G DESIGN BU
P.O. BOX
TROUTMAN, NC
PAMRSON LAND S'
NC LICENSE #:
P.O. BOX 5010, MOORES
PHONE: [phone]
Drawn By. MDH I Checked By. JHP Sc
Tax PIN: 4639-29-0256 1"
Date: November 8, 2018
r.Ip• 1Rnaa I
LINE TABLE
LINE
BEARING
DISTANCE
L1
S1727'16'E
31.70'
L2
S0743'42"E
16.14'
L3
S49'44'07"W
15.67'
L4
S54'47'31 "E
8.82'
L5
S33'06'05"E
19.94'
L6
S33'17'37`W
22.97'
L7
S66 33'36"E
14.44'
FLB
S16'27'31"E
13.39'
L9
S27'02'15"W
16.98'
LL x C�--LAKE NOR
oA
119,
b ro }� C
v <j
54.
}
iQ O
PLOT PL
LOT 669 - FALLS C
PHASE 6 l
PLAT BOOK 52 F
181 PARK CRE:
FALLSTOWN TOWNSHIP, IREDELL I
Prepared For: 4G DESIGN BU
P.O. BOX
TROUTMAN, NC
PAMRSON LAND S'
NC LICENSE #:
P.O. BOX 5010, MOORES
PHONE: [phone]
Drawn By. MDH I Checked By. JHP Sc
Tax PIN: 4639-29-0256 1"
Date: November 8, 2018
r.Ip• 1Rnaa I

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