PeterWarlick74NorthpointeRdOcracokeMajor Variance Presentation_05_10_17

Request for a Major Variance from theTar-Pamlico Riparian Area Protection Rule
Peter Warlick74 Northpoint Road, Ocracoke
May 10, 2017
Site –USGS Topographic/Soil Survey Map
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Department of Environmental Quality
SITE
SITE
Site Setting
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Department of Environmental Quality
Project History
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Department of Environmental Quality
•Lot with existing home, built entirely within protected buffer,
purchased September 18, 1979
•Received buffer authorization to construct a wood-slatted deck in
2014 (was not constructed)
•Received buffer authorization to expand previously approved deck
and add wood ramp and steps for handicap access in February 2017
•Applied for Major Variance to construct roofed enclosure over a
portion of the previously authorized, but not yet constructed deck
Site Plan
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PAMLICO SOUND
ZONE 1
ZONE 2
Proposed Impacts & Mitigation
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Mitigation Proposal:
Purchase buffer credits from private mitigation bank, if required
Reason for
Impact
Buffer
Mitigation
Required
Zone 1 Impact
(square feet)
Zone 2 Impact
(square feet)
Roofed Enclosure Yes 367.8 104.2
Zone Total Impact
(square feet)Multiplier Required
Mitigation
(square feet)
Zone 1 368 3 1,104
Zone 2 104 1.5 156
Total Buffer Mitigation Required 1,260
Findings of Fact -(9)(a)(i)
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Practical difficulties or unnecessary hardships are present:
A.Applicant cannot make reasonable use of property without
handicap accessible additions and modifications
B.Hardship from application of this Rule
C.Hardship is due to the physical nature of the property
D.Applicant has not violated the rule
E.Purchased property before the effective date of the rule
F.Home constructed entirely within protected buffer and
applicant’s need for handicap accessible outdoor area are
unique to applicant’s property
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Findings of Fact -(9)(a)(ii) & (iii)
The variance is in harmony with the general purpose and intent
of the State’s riparian buffer protection requirements and
preserves its spirit
In granting the variance, the public safety and welfare have
been assured, water quality has been protected, and substantial
justice has been done.
•Propose to purchase 1,260 buffer mitigation credits, if
required by the Water Quality Committe
•New roof runoff to be discharge away from surface water
DWR Recommendation
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DWR recommendation is that the Water Quality Committee
grant this major variance request.
If the Water Quality Committee approves this request, the
Division recommends approval with the following conditions
or stipulations:
•Diffuse Flow
All stormwater from the new roofed enclosure must be
directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it
will not re-concentrate before discharging into the sound.
[15A NCAC 02B .0259(8)]
Questions?
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