Request for a Major Variance from the Neuse River Riparian Area Protection Rules    Harshavardhan Tummalpally 5201 Trinity Road Raleigh, NC January 8, 2014

Site - USGS Topo SITE Wade Ave I-40 Source: 2013 Raleigh West USGS 7.5-minute Topographic Map

Site - Soil Survey SITE Source: Natural Resources Conservation Service Wake County Soil Survey Map (Sheet 47)

Site Setting Source: Wake County GIS (2012 Aerial Photography)

Lot Source: Wake County GIS (2012 Aerial Photography)

Site History Property subdivided and recorded in 1999 by Trinity Associates, LLC to create 2.03-acre lot Variance request to fill entire channel denied by EMC in 2001 due to subdivision after the effective date of the Neuse Rule Recombined and reduced to 1.94 acres in size in 2005 to align the property line with the existing access road Mr. Tummalpally purchased the property at auction from Wake County and the City of Raleigh on June 3, 2013

View of Stream Approximately 150 feet from Existing Culvert (Source: Variance Application)

Existing Conditions (Source: Variance Application)

Proposed Site Plan (Source: Variance Application)

Riparian Buffer Impact Summary Total Buffer Impacts Requiring Mitigation Zone 1 – 9,345 SF Zone 2 – 6,165 SF

Proposed Buffer Mitigation Applicant proposes to pay compensatory mitigation and has reserved sufficient buffer credits

Findings of Fact Pursuant to 15A NCAC 02B .0233 (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 .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.   

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 the request is approved, the Division recommends approval with the following conditions or stipulations: Mitigation The applicant shall provide mitigation for the proposed impacts by purchasing 37,283 buffer credits from Restoration Systems, LLC as indicated in their application. Stormwater Management Plan The applicant shall develop a stormwater management plan (SMP) consisting of a sand filter and level spreader to treat the proposed impervious area. The SMP design and plans must be approved by the City of Raleigh and a copy of the plan and approval must be provided to DWR. The applicant shall install a level spreader in order to maintain diffuse flow of off-site stormwater. The design and construction plans for the level spreader must be approved by DWR.

Questions?