Request for an After-the-Fact Major Variance from the Tar-Pamlico Riparian Area Protection Rules    Ernest Floyd Foster Foster Seafood 70 Captain Tom’s Road Washington, NC November 12, 2014

Site - USGS Topo SITE Source: 2013 Bath USGS 7.5-minute Topographic Map

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

Site Setting Duck Creek Source: Beaufort County GIS 2012 Aerial

Lot Source: Beaufort County GIS 2012 Aerial

Project History June 1, 2012 Purchased subject property November 16, 2012 (401 & Buffer Authorization) Obtained approval to construct docking facilities, bulkhead, boardwalk and repair boat ramp for crab operation August 26, 2013 Requested CAMA minor modification to extend boardwalk, build a 7’x42’ deck perpendicular to boardwalk and locate two semi-trailers and loading deck in the buffer DWR objected unless trailers & loading deck were removed from request October 18, 2013 Applicant submitted letter to remove two semi-trailers and loading deck from modification request November 12, 2013 CAMA issued a minor modification excluding the trailers and loading deck (Regional Office issued BA w/out trailers and loading deck) May 9, 2014 DWR issued a Notice of Violation when one semi-trailer and 7’ x 36’ loading deck were found within the buffer June 4, 2014 Major Variance application submitted

Site Plan 2013 CAMA Modification/ Buffer Authorization Variance Request 2012 Buffer Authorization

Existing Operation Boardwalk and docking facilities

Existing pilings for future building

South side of property looking east toward existing trailer & loading deck

Impact Map Permanent Impacts: Zone 1 Zone 2 566 sq ft 241 sq ft Mitigation Required: 566 x 3 = 1,698 sq ft 241 x 1.5 = 362 sq ft Total 2,060 sq ft Mitigation Proposal: Ecosystem Enhancement Program Buffer Credits 2,060 sq ft Stormwater Plan: - 1,444 SF of roof drainage to outlet in grassed area outside buffer flat topography with 2-ft high bulkhead at water’s edge will 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: 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.   

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 The applicant shall provide mitigation for the proposed impacts by purchasing 2,060 buffer credits from the Ecosystem Enhancement Program as indicated in the application. Stormwater Management Plan Direct 1,444 square feet of roof drainage to outlet in grassed area outside the buffer

Questions?