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Home My WebLink About20160875 Ver 1_Staff Report_20161109II,1I1iIN!11111 WOW .- s -r s ''Y rn •} • • J �' • y � r mill J - . '_ Y T 'w . Tom_.` r W— WA- AL.— "� �, `: � rte` • �� r � Site — USGS Topographic/Soil Survey Map Department of Environmental Quality Project History • Lot with existing home purchased through an estate transfer on March 26, 2015 • Existing home constructed with deck partially within in Zone 2 prior to rule • Applicant installed pool and partially constructed a deck before being notified by Division staff that it was in violation of the Neuse Riparian Buffer Rule Department of Environmental Quality Lot Ow // STREAMS Site Plan AA1,IE P IVCY7 SUBp_ uH M 19833,. PG 637 LOT 89-- 1YN OAKS SUED. ��r , STORM DRAINAGE EASEMENT LOT 300 X16s7 N 16'52'40" E 92.04` LOT r_`� � �q4�I a+. EIP ��pF GREEK EIP r ;w ^� A WOOD FENCE R F'LOO L' ZONE 1 NIP _ r� o POOL 4 2 AEUSE RIVER a ROP45E Il RIPARIAN BUFFER - �£ 1- 7.9 r ~ .9' PADS x F'ES DOD FENCE/ C LI] 3.8 cy r AIC 7.8. r DECK n � 0.19' -4 v , ❑ 7.5' • 26.4' N 25.5' o �,' �' I AI` ❑ � FWO STORY BRICK 'n rn 41.7'`Q 25.5' STOOP r ti.27' ZONE 2 'QQ LOT 8 7 tc.NC. ' — LOT 86 d] 0.36 AC. WALK 1 CQNC 1 1 DRIVE 1 1 LOT 8$ GRAPHIC SCALE 1 1 1 1 0 ZS EIP 90.00' TO A PO ' L= 59.39' I WERE FALLING R-- 50.00' BRICK COLUMN I I BRIG CT BEGINS TO C C.B. 1 I 1 ppEUu INTO QLD DEER ( IN FEET } L= 21.03 I inch - 30 [t. l EIP t R= 25.00' AN INFORMATIQN BLOCK c Ic•ce'c , " ur in , n+ Proposed Impacts &Mitigation Zone Buffer Zone I Impact Zone 2 Impact Reason for Mitigation (square feet) (square feet) Impact Required 1.5 853.50 Pool & Deck Yes 644 569 Zone Total Impact (square feet) Multiplier Required Mitigation (square feet) Zone 1 644 3 11932 Zone 2 569 1.5 853.50 Total Buffer Mitigation Required 21785.50 Mitigation Proposal: Purchase buffer credits from private mitigation bank Findings of Fact - (9) (a) (i) Practical difficulties or unnecessary hardships are present: A. Applicants cannot make reasonable use of property to install a pool and deck for grandchild with special needs B. Hardship from application of this Rule C. Hardship is due to the physical nature of the property D. Applicant unknowingly violated the rule E. Purchased property after the effective date of the rule F. Buffer encumbering approximately 90 percent of backyard is unique to applicant's property Findings of Fact - (9) (a) (H) & (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 2,785.50 buffer mitigation credits 9 DWR Recommendation 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 2785.50 buffer credits from Resource Environmental Solutions, LLC banks located within HUC 03020201 as indicated in their application. 10 Questions ?