1. 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

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 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

5. Lot

6. STREAMS
Site Plan
ZONE 1
ZONE 2

7. 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

8. 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

9. 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, buffer mitigation credits

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

11. Questions?