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Request for after-the-fact major variance from Tar-Pamlico Riparian Area Protection Rules for property in Belhaven, NC. Includes background information, findings of fact, and DWR recommendation.
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Request for an After-the-FactMajor Variance from theTar-Pamlico Riparian Area Protection RulesMohamed Ali and ReemDarar734 Old Pamlico Beach RoadBelhaven, NC July 8, 2015
Site - USGS Topo SITE Source: 2013 Pamlico Beach USGS 7.5-minute Topographic Map
Site - Soil Survey Source: Natural Resources Conservation Service Beaufort County Soil Survey Map
Site Setting 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 Source: Beaufort County GIS 2010 Aerial
Current Aerial of Property Source: Application
N Site Plan
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 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)(i) Practical difficulties or unnecessary hardships are present: • 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 • Results from the application of Rule and reservation of a septic repair area X
Findings of Fact - (9)(a)(i) • Due to the physical nature • Existing home within the buffer • Septic repair area reserved • Unknowing violated rule • Purchased property after the effective date of Rule • 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 X X
Findings of Fact - (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 • Purpose is to protect existing riparian buffer areas • Propose to purchase 1,760 buffer credits with a 2:1 locational ratio applied to mitigate impacts
Findings of Fact - (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. • Propose to purchase 1,760 buffer credits with a 2:1 locational ratio applied to mitigate impacts • Stormwater runoff expected to infiltrate design storm
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 1,760 buffer credits with a 2:1 locational ratio applied from Division of Mitigation Services as indicated in the application.
