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Home My WebLink About20160123 Ver 1_WQC or EMC Recommendation_20160511PAT MCCRORY DONALD R. VAN DER VAART Truswood Properties, LLC 2700 Manning Place Raleigh, NC May 11, 2016 Truswood Properties, LLC has requested the Water Quality Committee (WQC) to grant a Major Variance from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for construction of a proposed addition and outdoor living space to an existing home within Zone 1 and Zone 2 of the buffer at 2700 Manning Place in Raleigh, NC. The addition, outdoor living area and rain garden will impact 751 square feet of Zone 1 and 490 square feet of Zone 2. Accordingly, pursuant to 15A NCAC 02B .0233 (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 are met; and • The protection of water quality and substantial justice has been achieved as required in 15A NCAC 0213 .0233 (9)(a). 15A NCAC 0213 .0233 (9)(a)(i) states the followin "There ore practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in accordance with the following: A. If the applicant complies with the provisions of this Rule, he/she con secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit o greater profit from the property shall not be considered adequate justification for o variance. Moreover, the Division or delegated local authority shall consider whether the variance is the minimum possible deviation from the terms of this Rule thotsholl make reasonable use of the property possible. B. The hardship results from application of this Rule to the property rather than from other factors such os deed restrictions or other hardship. C. The hardship is due to the physical nature of the applicant's property, such os its size, shape, or topography, which is different from that of neighboring property. D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 Truswood Properties, LLC 2700 Manning Place, Raleigh Major Variance Request — DWR Findings of Fact Page 2 of 4 E. The applicant did not purchase the property after the effective date of this Rule, and then request on appeal. F. The hardship is unique to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting o variance would be o special privilege denied to others, and would not promote equal justice;" The Division finds the following: There are practical difficulties that prevent compliance with the strict letter of the riparian buffer protection requirements: A. The applicant would not be able to construct an addition and outdoor living area with access to the common area of the existing home if they cannot impact the buffer. The Division believes that the applicant could make reasonable use of their property without additional impacts to the protected riparian buffer. However, the home was built entirely in the buffer prior to implementation of the rule and does not have any outdoor recreation area, sidewalk access to the driveway or space to construct an addition to the home. B. The hardship results from application of this Rule. C. The hardship is due to the physical nature of the applicants' property. The home was built immediately adjacent to the Southeast Prong of Beaver Dam Creek which is different from that of neighboring properties. D. The applicant has not violated this Rule. The applicant purchased the property on September 20, 1999, which is after the effective date of this Rule. However, the home was constructed in 1960 before implementation of this Rule. The property was subdivided in 2004, but it did not remove any alternative for avoiding additional impacts to the protected buffer due to the location of the home within the buffer. F. The home's location entirely within the buffer with grassed areas adjacent to the home where the addition and outdoor living area are proposed is unique to the applicant's property. Any expansion to the home or outdoor living area would require impacts to Zone 1 and/or Zone 2 of the buffer. This constraint is different from that of most of the other properties in the neighborhood. 15A NCAC 02B.0233 (9)(a)(ii) "The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit," The Divisions finds the following: The purpose of the riparian buffer rules is to protect existing riparian buffer areas. However, the applicant cannot construct an addition and outdoor living area with access to the common area Truswood Properties, LLC 2700 Manning Place, Raleigh Major Variance Request — DWR Findings of Fact Page 3 of 4 of the existing home without impacting the protected riparian buffer. The applicant is proposing to purchase 2,123 buffer mitigation credits to offset the buffer impacts from the addition and outdoor living area. To offset the buffer impacts from the proposed rain garden, the applicant proposes to treat more than three times the amount of stormwater runoff from the site than impervious area proposed to be added to the riparian buffer. 15A NCAC 02B.0233 (9)(a)(iii) "In granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done." The Divisions finds the following: In granting the variance, water quality has been protected and substantial justice has been done. The applicant is proposing to purchase 2,123 buffer mitigation credits and implement a stormwater management plan for the property. The stormwater management plan consists of a rain garden to treat more than three times the amount of impervious area proposed to be added to the buffer and converting one gutter downspout from direct discharge to the stream to a splash pad allowing infiltration of stormwater. This Major Variance as proposed is consistent with past Major Variance approvals from the Water Quality Committee. Division of Water Resources' Recommendation: Based on the information submitted, the Division of Water Resources supports this request for a Major Variance from the Neuse Riparian Area Protection Rules because the harmony and spirit of buffer protection requirements are met and the protection of water quality and substantial justice has been achieved as required in 15A NCAC 02B .0233 (9)(a) provided the below mentioned conditions or stipulations are required. If the Water Quality Committee approves this request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B .0233 (9)(c)(ii) & (iii)]: • Mitigation The applicant shall provide mitigation for the proposed impacts by purchasing 2,123 buffer credits from the Division of Mitigation Services as indicated in their application. • Stormwater Management Plan The Division approves the SMP consisting of a 12 x 25 -foot rain garden and all associated downspout drains and one downspout with a splash pad as depicted on plan sheets dated April 8, 2016, which are incorporated by reference and are enforceable by the Division. The following conditions also apply: ■ The declaration of compliance provided in the application, which indicates the footprint of the rain garden and all associated conveyances and ensures direct discharges of stormwater runoff through the buffer do not occur, shall be Truswood Properties, LLC 2700 Manning Place, Raleigh Major Variance Request — DWR Findings of Fact Page 4 of 4 recorded with the Wake County Register of Deeds, run with the land and be binding on all future lot owners. The SMP may not be modified without prior written authorization from the Division. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications. Maintenance activities for the rain garden shall be performed in accordance with the notarized 0&M agreements signed by Richard L. Watts (Truswood Properties, LLC) on April 7, 2016. The 0&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. The Division shall be notified promptly of every transfer.