Request for an After-the-Fact Major Variance from the Tar-Pamlico Riparian Area Protection Rules    Mohamed Ali and Reem Darar 734 Old Pamlico Beach Road Belhaven, 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

Home Layout

Existing Conditions

N Site Plan

Proposed Mitigation Permanent Impacts: Zone 1 587 sq ft Mitigation Required: 587 x 3 = 1,760 sq ft Mitigation Proposal: Division of Mitigation Services Buffer Credits 1,760 sq ft with a 2:1 locational ratio applied due to lack of available mitigation in subbasin Stormwater Plan: Flat topography and on-site soil suitable to infiltrate design storm

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.

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