May 10, 2017 Request for a Major Variance from the Tar-Pamlico Riparian Area Protection Rule Peter Warlick 74 Northpoint Road, Ocracoke

Site – USGS Topographic/Soil Survey Map Department of Environmental Quality

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 Major Variance to construct roofed enclosure over a portion of the previously authorized, but not yet constructed deck Department of Environmental Quality

Site Plan PAMLICO SOUND ZONE 1 ZONE 2

Proposed Impacts & Mitigation Reason for Impact Buffer Mitigation Required Zone 1 Impact (square feet) Zone 2 Impact Roofed Enclosure Yes 367.8 104.2 Zone Total Impact (square feet) Multiplier Required Mitigation Zone 1 368 3 1,104 Zone 2 104 1.5 156 Total Buffer Mitigation Required 1,260 Mitigation Proposal: Purchase buffer credits from private mitigation bank, if required

Findings of Fact - (9)(a)(i) Practical difficulties or unnecessary hardships are present: Applicant cannot make reasonable use of property without handicap accessible additions and modifications Hardship from application of this Rule Hardship is due to the physical nature of the property Applicant has not violated the rule Purchased property before the effective date of the rule 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. [15A NCAC 02B .0259(8)]

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