1. 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

2. Site - USGS Topo
SITE
Source: Pamlico Beach USGS 7.5-minute Topographic Map

3. Site - Soil Survey
Source: Natural Resources Conservation Service Beaufort County Soil Survey Map

4. Site Setting
Source: Beaufort County GIS 2012 Aerial

5. 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

6. Aerial of Home Prior to Renovations
Source: Beaufort County GIS 2010 Aerial

7. Current Aerial of Property
Source: Application

8. Home Layout

9. Existing Conditions

10. N
Site
Plan

11. 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

12. Findings of Fact
Pursuant to 15A NCAC 02B (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 (9)(a).

13. 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 

14. 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 

15. 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

16. 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

17. 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.

18. Questions?