20141148 Ver 3_Major Variance_20170510

VarianceRequest for a Major Riparian Area Protection Rule by Mr. Peter
Warlick for Construction of a Proposed Roofed Enclosure to an Existing Home at the 74 Northpoint
Road in Ocracoke, Item)(Jennifer-
A request has been received for the Water Quality Committee to grant a Major Variance from the Tar -
Pamlico Riparian Area Protection Rule to Mr. Peter Warlick for construction of a proposed roofed
enclosure to an existing home within Zone 1 and Zone 2 of the buffer at 74 Northpoint Road in
Ocracoke, NC. The applicant proposes mitigation to offset the buffer impacts if required by the Water
Quality Committee. Based on the information submitted, the Division of Water Resources supports this
request for a Major Variance from the Tar -Pamlico Riparian Area Protection Rule because all the
requirements in 15A NCAC 02B .0259 have been met. (Attachments enclosed: Variance Application,
DWR Findings of Fact, PowerPoint Presentation).

Water Resources
EFdb'Vi.t7"4VElhiT.AL QUALITY
Request for a Major Variance from the
Tar-Pamilco River Riparian Area Protection Rules
Mr. Peter Warlick
74 Northpoint Road
Ocracoke, NC
May 10, 2017
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Mr. Peter Warlick has requested the Water Quality Committee (WQC) to grant a Major Variance
from the Tar -Pamlico Riparian Area Protection Rules (15A NCAC 02B .0259) for construction of a
proposed roofed enclosure to an existing home within Zone 1 and Zone 2 of the buffer at 74
Northpoint Road in Ocracoke, NC. The enclosure will impact 368 square feet of Zone 1 and 104
square feet of Zone 2.
Accordingly, 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 are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 0213 .0259 (9)(a).
15A NCAC 0213.0259 (9)(a)(i) states the following:
"There are 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 can secure no reasonable
return from, nor make reasonable use of, his/her property. Merely proving that the
variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall 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 as deed restrictions or other hardship.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Page 2 of 3
C. The hardship is due to the physical nature of the applicant's property, such as 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.
E. The applicant did not purchase the property after the effective dote 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 ore widespread. If other properties ore 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. Mr. Warlick has been diagnosed with ALS and proposes to construct a roofed
enclosure with handicap accessibility to allow continued use of the home that he has
owned since 1979. Because the home was constructed entirely within the protected
buffer prior to implementation of the Rule, Mr. Warlick cannot construct a roofed
enclosure without impacting the protected buffer.
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 Pamlico Sound which is different from that of
neighboring properties.
D. The applicant has not violated this Rule.
E. The applicant purchased the property on September 18, 1979, which is before the
effective date of this Rule.
F. The home's location entirely within the buffer and the applicant's need for a
handicap accessible outdoor area is unique to the applicant's property. Any
expansion to the home 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.0259 (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,"

Page 3 of 3
The Divisions finds the following:
The purpose of the riparian buffer rule is to protect existing riparian buffer areas. However, the
applicant cannot construct a roofed enclosure with handicap access without impacting the
protected riparian buffer. The applicant proposes to purchase 1,260 buffer mitigation credits to
offset the buffer impacts, if required by the Water Quality Committee.
15A NCAC 02B .0259 (9)(a)(iii)
"In granting the variance, the public safety and welfare hove 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.
Roof runoff from the proposed new roofline will be directed away from surface waters to allow
infiltration.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for a
Major Variance from the Tar -Pamlico Riparian Area Protection Rule 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 .0259 (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 Tar -Pamlico Riparian Area Protection Rules,
the Division recommends approval with the following conditions or stipulations [pursuant to 15A
NCAC 02B .0259 (9)(c)(ii) & (iii)]:
• 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)]

f } � _ } ■ y
� ;�. ! Y
r r - ■ra '� � � T
t
}, � ,ti ,_ .. � 1. _Y• • •+� `

Site — USGS Topographic/Soil Survey Map
Northern
SITE� lary, NMI Gup Pbint,
n,715b17nd-�
� 1
r Pant 8
Teo' h"'
Hot(,(,
Chann'.1
O
Sprjngersr
in
Old
slough
9#
r
Ocracoke
r
r
Department of Environmental Quality
CbA
Ud
/// bA
JpCKllg) Uri
QUA SITE
o Cry} ED ,
DuA DuA
%,�,k l'rR
QCf co
Siblor Loh,5
r+_ w .l'�,
Ocracoke
— CrB
J7uA �
c F R
K"MV
�5

Site Setting
Department of Environmental Quality

Project History
• 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 Maj or Variance to construct roofed enclosure over a
portion of the previously authorized, but not yet constructed deck
Department of Environmental Quality

@
@
r

Proposed Impacts &Mitigation
Zone
Buffer
Zone 1 Impact
Zone 2 Impact
Reason for
Mitigation
(square feet)
(square feet)
Impact
Required
1.5
156
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 >0
Mitigation Proposal:
Purchase buffer credits from private mitigation bank, if required

Findings of Fact - (9) (a) (i)
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

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
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.
[15ANCAC 02B.0259(8)]

Questions?

Iva V,i
ell, ei CPQ