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

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

3. Site Setting
Department of Environmental Quality

4. 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

5. Site Plan
PAMLICO SOUND
ZONE 1
ZONE 2

6. 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

7. 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

8. 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

9. 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)]

10. Questions?