November 9, 2016 Request for an After-the-Fact Major Variance from the Neuse Riparian Area Protection Rule Belinda Keever 8005 Falling Leaf Court, Raleigh, NC

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

Site Setting Department of Environmental Quality

Project History Lot with existing home purchased through an estate transfer on March 26, 2015 Existing home constructed with deck partially within in Zone 2 prior to rule Applicant installed pool and partially constructed a deck before being notified by Division staff that it was in violation of the Neuse Riparian Buffer Rule Since this is an after-the-fact permit, I want to first review the project history. Mr. Whitford originally purchased the lot in 2013 for a retirement home. The lot is located adjacent to Mr. Whitford’s sister’s lot. In 2013, the health department allowed drain lines to be installed for the existing septic system. Mr. Whitford contacted the Beaufort County Building Inspector’s office to determine if a building permit was required to construct a shelter. The county building inspector informed Mr. Whitford that a building permit was not required and did not indicate that the structure could not be located with the protected buffer. Mr. Whitford built the shelter in time for their family’s reunion in 2014 and constructed the storage shed later that same year. Division staff issued a Notice of Violation on September 9, 2015 when they discovered that the structures were constructed in the protected buffer. Department of Environmental Quality

Lot

STREAMS Site Plan ZONE 1 ZONE 2

Proposed Impacts & Mitigation Reason for Impact Buffer Mitigation Required Zone 1 Impact (square feet) Zone 2 Impact Pool & Deck Yes 644 569 Zone Total Impact (square feet) Multiplier Required Mitigation Zone 1 644 3 1,932 Zone 2 569 1.5 853.50 Total Buffer Mitigation Required 2,785.50 Mitigation Proposal: Purchase buffer credits from private mitigation bank

Findings of Fact - (9)(a)(i) Practical difficulties or unnecessary hardships are present: Applicants cannot make reasonable use of property to install a pool and deck for grandchild with special needs Hardship from application of this Rule Hardship is due to the physical nature of the property Applicant unknowingly violated the rule Purchased property after the effective date of the rule Buffer encumbering approximately 90 percent of backyard is 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 2,785.50 buffer mitigation credits

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 2785.50 buffer credits from Resource Environmental Solutions, LLC banks located within HUC 03020201 as indicated in their application.

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