Request for a Major Variance from the Neuse River Riparian Area Protection Rules    Jeffrey Gunter 7701 Greentree Court Raleigh, NC March 12, 2014

Site - USGS Topo SITE Source: 2010 Bayleaf USGS 7.5-minute Topographic Map (NTS)

Site - Soil Survey SITE Source: Natural Resources Conservation Service Wake County Soil Survey Map

Site Setting Source: Wake County GIS

Lot Source: Wake County GIS

Site Photos

Site Plan Permanent Impacts: Deck & Addition Zone 1 Zone 2 215 sq ft Mitigation Required: Area of Addition Beyond Exempt Ground Level Deck 38 x 3 = 114 sq ft 18 x 1.5 = 27 sq ft Total 141 sq ft Mitigation Proposal: Buffer Restoration 141 sq ft

Findings of Fact Pursuant to 15A NCAC 02B .0233 (9)(c), the 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 .0233 (9)(a).

Findings of Fact - (9)(a)(i) Practical difficulties or unnecessary hardships are present: The applicant cannot make reasonable use of the property without impacting the protected riparian buffer. The hardship results from the application of this rule rather than from other factors. The hardship is due to the physical nature of the applicant’s property. X  

Findings of Fact - (9)(a)(i) The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. The applicant purchased the property after the effective date of the Rule. The hardship is unique to the applicant’s property.  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 does preserve its spirit. In granting the variance, water quality has been protected and substantial justice has been done. Findings of Fact - (9)(a)(iii)

DWR Recommendation DWR recommendation is that the Water Quality Committee approve this major variance request. If Water Quality Committee approves this request, the Division recommends approval with the following conditions or stipulations: Mitigation Provide mitigation for the proposed impacts by restoring 141 square feet of buffer in Zone 1 as indicated in the application Diffuse Flow Plan Installation of an outlet pad to diffuse the flow from two gutter downspouts and planting 6 native shrubs under the deck as indicated in the application Protective Covenants Place a covenant on the lot to ensure the gutters and outlet pad remain for their intended use, new direct discharge of stormwater runoff through the buffer to the stream is prohibited and to ensure protection of the existing and restored riparian buffer

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