20140566 Ver 1_WQC or EMC Recommendation_20141112 (13)

Request for an
he -Fact Major Variance fr(
Tar - Pamlico Riparian Area
Protection Rules
Ernest Floyd Foster
Foster Seafood
70 Captain Tom's Road
Washington, NC
November 12, 2014

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Source: 2013 Bath USGS 7.5- minute Topographic Map
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Site -Soil Survey
Sullivan Point'-W"
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Source: Natural Resources Conservation Service Beaufort County Soil Survey Map

Site Setting
Source: Beaufort County GIS 2012 Aerial

Project History
June 1, 2012
November 16, 2012
(401 & Buffer Authorization)
August 26, 2013
October 18, 2013
November 12, 2013
May 9, 2014
June 4, 2014
Purchased subject property
Obtained approval to construct docking facilities, bulkhead,
boardwalk and repair boat ramp for crab operation
Requested CAMA minor modification to extend boardwalk,
build a 7'x42' deck perpendicular to boardwalk and locate
two semi - trailers and loading deck in the buffer
DWR objected unless trailers & loading deck were removed
from request
Applicant submitted letter to remove two semi - trailers and
loading deck from modification request
CAMA issued a minor modification excluding the trailers
and loading deck
(Regional Office issued BA w /out trailers and loading deck)
DWR issued a Notice of Violation when one semi - trailer and
7'x36' loading deck were found within the buffer
Major Variance application submitted

Site P
2013 CAMA Modification/
—s — Buffer Authorization
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Variance Request
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2012 Buffer Authorization
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Existing Operation
Boardwalk
docking

property looking
loading
toward existing

Permanent Impacts:
Zone 1 566 sq ft
Zone 2 241 sq ft
Mitigation Required:
566 x 3 = 1,698 sq ft
241 x 1.5 = 362 sq ft
Total 2,o6o sq ft
Mitigation Proposal:
Ecosystem Enhancement
Program Buffer Credits
2,o6o sq ft
Stormwater Plan:
-1444 SF of roof drainage
to outlet in grassed area
outside buffer
- flat topography with 2 -ft
high bulkhead at water's
edge will infiltrate design
storm
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Findings of Fact
Pursuant to 15A NCAC 02B.0259 (9)(c), the Division of Water
Resources makes the preliminary finding that the major
variance request demonstrates the following:
practical difficulties or unnecessary hardships are present,
the harmony and spirit of buffer protection requirements ai
met, and
the protection of water quality and substantial justice have
all been achieved in accordance with
15A NCAC 02B.0259 (9)(a)•

Findings of Fact - (9)(a)(10)
ctical difficulties or unnecessary hardships are
sent:
. The applicant cannot make reasonable use of
the property without impacting the protected
riparian buffer.
. The hardship results from the application of tr
rule rather than from other factors.
. The hardship is due to the physical nature of tl
applicant's property.

Findings of Fact - (9)(a)(
The applicant did not cause the hardship
knowingly or unknowingly violating this I
The applicant purchased the property aft
effective date of the Rule.
The hardship is unique to the applicant's
property.

Findings of Fact - (9)(a)(1010)
ie variance is in harmony with the general purpos
id intent of the State's riparian buffer protection
�quirements and does preserve its spirit.
= findings of Fact - (g)(a)(iii)
i granting the variance,
-otected and substant[
water quality has been
iI justice has been done.

DWR Recommendation
recommendation is that the Water Quality Committe
approve this major variance request.
If Water Quality Committee approves
Division recommends approval with t
or stipulations:
this request, the
ie following condit
Mitigation The applicant shall provide
proposed impacts by purchasing 2,o6o
the Ecosystem Enhancement Program
application.
Stormwate
r
Direct 1,444
grassed are
a
mitigation for tt
buffer credits f
as indicated in t
Management Plan
square feet of roof drainage to outlet in
outside the buffer

Questions.,