20150187 Ver 1_WQC Presentation_20150708

Request for an After - the -Fact
Major Variance from the
Tar - Pamlico Riparian Area
Mohamed Aand Dararil
734 Old Pamlico Beach Road
July 81 2015

i133L!
AvUjjjj I. iffy Point
Source: 2013 Pamlico Beach USGS 7.5- minute Topographic Map

Site -Soil Survey
Source: Natural Resources Conservation Service Beaufort County Soil Survey Map

Slote Settlong
Source: Beaufort County GIS 2012 Aerial

Project History
• Home constructed in 1940
• Purchased property September 27, 2013
• Home had been expanded over carport and concrete
patio area removing outdoor recreation area
• Work on addition and deck began in Fall 2013
• Work stopped when Division staff issued a Notice of
Deficiency on .January 15, 2014
• Applicant hired a consultant in .June 2014
• Initial application rec'd February 2015
• Additional information rec'd May 2015

Aerial of Home Prior to Renovations
, ... .... .
OF
Source: Beaufort County GIS 2010 Aeria

Current Aerial of Property
Source: Application

v),
0
immumlEam
m
I A. I 4 ,, .1 17.1 i, . . ,
N
S "W'd, ffotk , , I" N,
'32"", Ax'),veg
, x"Kir )
I ,",; . 84'

Existing Conditions

wk
LIXIIIA �, t-1,51 dil
0. 42W 8
1 Ac.
�111
191A,
;t"',�0'r,;',
�r
%
14,00
re
YY I ji
kzp
N N, 0`09V I 'W
23 25'
7N, 47,4jo'°
wk

V Tel _9_ 0 1 iy� nzm.�_ UM
I I W�Tq
Permanent Impacts:
Zone 1 587 sq ft
Mitigation Proposal:
Mitigation Required:
587 x 3 = 1,76o sq ft
Division of Mitigation Services Buffer Credits
1,76o sq ft with a2:1 locational ratio applied due to
lack of available mitigation in subbasin
Stormwater Plan:
Flat topography and on -site soil suitable to infiltrate
design storm

,.r MM► �
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 ficulties or unnecessary hardships are present,
• the harmony and spirit of buffer protection requirements are
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)
Practical difficulties or unnecessary hardships are present:
X A. No Reasonable Return or Use of Property
• Applicants unaware of the buffer rule
• Property usable without additional impacts
• Would not be able to construct any structure
that would provide views of the water without
impacting Zone 1
B. Results from the application of Rule and reservation
of a septic repair area

✓ C. Due to the physical nature
• Existing home within the buffer
• Septic repair area reserved
)( D. Unknowing violated rule
X E. Purchased property after the effective date of Rule
✓ F. Unique to property
• Existing residence constructed within the buffer
on two sides
• Constructed over portion of concrete patio, a
former deck and heavily trafficked lawn area

Findings of Fact - (9)(a)(n)l
The variance is in harmony with the general purpose and intent
of the State's riparian buffer protection requirements and
preserves its spirit
• Purpose is to protect existing riparian buffer areas
• Propose to purchase 1,76o buffer credits with a2:1 locational
ratio applied to mitigate impacts

Findings of Fact - (9)(a)(m)
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 1,76o buffer credits with a2:1 locational
ratio applied to mitigate impacts
• Stormwater runoff expected to infiltrate design storm

r,Mae i i i i i tzi i re F.1
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:
• Mitigation
The applicant shall provide mitigation for the proposed
impacts by purchasing 1,76o buffer credits with a 2:1
locational ratio applied from Division of Mitigation Services
as indicated in the application.

19M
Ab