1. 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

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

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

4. Site Setting
Duck Creek
Source: Beaufort County GIS 2012 Aerial

5. Lot
Source: Beaufort County GIS 2012 Aerial

6. 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

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

8. Existing Operation
Boardwalk and docking facilities

9. Existing pilings for future building

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

11. 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 = sq ft
Total ,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

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:
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.   

14. 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 

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 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)

16. 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

17. Questions?