19990015 Ver 1_Complete File_19980114

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DEM ID: CORPs ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDn NATION-WIDE PERMIT #) : 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITS THE NC DIVISION OF COAZTAL tWAGEMXNT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF E.WIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Carroll Ogle
2. MAILING ADDRESS: 215 South Academy Street
SOBDIVISION NAME: Thorne Place
CITY: Cary STATE: NC ZAP CODS: 27511
PROJECT LOC_IkTION ADDRESS, INCLUDING St19DIVISION NAME (T_F OlFFERENT FROM
MAILING ADDRESS ABOVE); 912 East Chatham Street
Cary, NC 2,Z51 _
3. TELEPHONE NUMBER (HOME) : [phone] (WORK): 468-1000
4. iF APPLICABLE: AGEN'T'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Harlan K. Britt [phone]
Kimley-Horn and Associates, Inc., 3001 Weston ParkWay, Cary, NC 27513
5. LOCATION OF WORK (PROVIDE A Ma?, PREFERABLY A COPY OF USGS TOPOGRAPHIC
YLAP OR AERSAT, PHOTOGRAPHY WITH SCALE) :
COUNTY: Wake 'DEAREST TOWN CR CITY: Cary
See attached USGS map (Raleigh West quad)
i
7 0 * A ZZ:II 8661'00'ZT 6d01bin938 H9I31hh WOSA
SPEC=FTC LOCATION (INCLUDE ROAD
NUMBERS, LAME) ARKS, ETC.): 912 East Chatham Street
35047'20"/78045'15"; 1000' west of interse_ction_of_ Chatham Street and Trinity
Road on south side of Ch tham Street
6. IMPACTED OR NEAREST STREp.MIRIVER: Unnamed tributary to Walnut Creek
RIVER BASIN: Neuse River Basin
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), NIGH QUALITY WATERS (KQW), OUTSTANDING RESOURCE 2aERS (ORW), WATER
SUPPLY (tlS-I OR WS-II) ? YES ( J NO [X] IF `_'ES, EXPLAIN:
Class C; NSW
7b. IS THE P-ROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENV'IRO.'JMENTAL CONCERN (AEC) ? YES ( J NO [ ]
7c. IF THE PROJECT .IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COLTNTIES), WHAT IS THE. LAND USE PLAN (LOP) DESIGNATION?
Not applicable
6a. NAVE ANY SECTION 404 PERMITS BEE14 PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ J NO [ Xj IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUEST'S EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [XJ IF YES, DESCRIBE ANTICIPATED WORK:
9 ESTIMATED TOTAL NUMBER OF 'ORES 1N TRACT OF LP.ND: 7.98 acres
a.
9b. ESTIMATED TOTAL NUMBER CF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.116 acre wetland!40.651 acre pond (see attached wetland map)
2
20 .3 ZZ; 1 1 8661'48'Zi AdOlb7r938 H9I31C'J V10'J3
10a. NUMBER. OF ACRES OF WETJ ANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.06 acre wetland EXCAVATION:
0.45 acre pond (maximum impact)
FLOODING: OTHER
DRAXNAGE: TOTAL ACRES TO BE IMPACTED: _nnA nrra wetland and
0.45 _acre pond Note: The 0.45 acre of bond impact will likely be reduced following
final stormwater pond design.
10b. (1) STREWN CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (.F
RELOCATZD, DROVIDE DISTPJ;CE BOTH BEFORE AND AFTER RELOCATIOl+n ;
LENGTH BEFORE: N/A AFTER; N/A FT
WIDTH BEFORE (based on normal high water contours): FT.
WIDTH AFTER: N/A FT
AVERAGE DEPTH BEFORE: N/A FT AFTER; N/A FT
(2) ST R!. CHANNEL IMPACTS WILL-RESULT FROM: (CHECK ALL TH_XT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE _TN CHANNEI:
CHPSINEL MXCAVATION: N/A _ CONSTRUCTION OF A DAM/FLOODING:
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF TEE
WATERSHED DRAINING TO THE POND? 20.0 arras
WHAT IS THE EXPECTED POND SURFACE AREA? 8,450 square f et (minimal)
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
A proposed 100 unit residentizIcondominium dgvp npmPnr
13. PURPOSE OF PROPOSED WORD: Multi-family housing
3
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14, STAT- REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUSS BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAT-ZEN TO MINIMIZE WETLAND
IMPACTS;:
A majority of the wetlands nn rest on the ParrPt are within the Npusp Rive-r Buffer
zone I and will not be impacted D? r the Cnnfi-S-Int_ion of the parrel, 0-06--acre of
wetland impact is unavoidable r--tc-s"P of the existing pond nn-cite
will be reduced based on the reviG_??1 nrn?er t.. proposal.
1S. 'YOU'-ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE.
(USFWS) AND/0R.-NATIONAL MARINE FISHERIES SERVICE (NZ4FS) (SEE AGENCY !F??(QCIl
ADDRESSES SHEET)-'REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LTSTZNG`ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT ••MAY-BE-.AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPCNSES
FROM THESE AGENCIES.)
16. YOU ARE-I.EQUIR-ED-TQ-CbNT_Ac ', THE STATE HIS TOR YC._QRESERVATION_OEF_TCER ?r
(SHPO) (SEE AGENCY ADDRE2.SES_SHEET) -REGARDING THE PRESENCE OF HISTORIC
PROPERTIES-I-N'•THE ERMIT AREA WHICH MAY BE AFFECTED BY THE-'PROPOSED
PROJECT. DATE CONTACTED:- N/A
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) SAND?
YES [] NO D9 (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENV?RONM3NTry
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [I NO DO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (I NO W
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUME4NTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGF14EIZT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PRCCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ACMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8C03, TELEPHCNE [phone].
4
S0'd ZZiII 8661'00'ZI AdolHlne3d H0131tlr W02l3
18. THE FOLLOWING ITE:lS SHOULD BE INCLUZZD WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATICN MAP SHOWING ALL WETLANDS, STREAMMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERX=. NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PE-.V-ANENT), CN THE PROPERTY
MUST BE SHOWN ON THE MAP. Mp:P SCALES SHOULD BE 1 INCH _rQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTO"-RAP: OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULT LNT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATICN LINE.
d. ATTACH A COPY OF THE cTCRMWATER MANAGEMENT FLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD :F SEWAGE DISEp5AL?
N/A
g. SIGNED AND DATED AGENT AUTHCRIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE 7' &VTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
v a -l C
OWNER'S/AGENT 'S SIGNAL RE
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DATE
(AGENT'S SIGNATURE VALID ONLY
IF AU:HORIZATICN LETTER FROM
THE OWNER IS PROVIDED (18g.) )
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Title: Site Location Map - USGS Quadrangle Raleigh West, N.C.
Photoinspected 1987
Project: Thorne Place
913 East Chatham Street
Kimley-Horn Cary, North Carolina
And Associates, Inc.
Engineering, Planning and Environmental Consultants
Date: Scale: Project No.: Figure:
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Letter of Attthorization
Mr. Carroll Ogle authorizes Kimley-Horn and Associates, Inc. to act as his agent in the
application for the Section 404/401 permits and approvals associated with the Thorne Place
development project located in Cary, Wake County, North Carolina.
January 12, 1999
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Facility Name Carroll Ogle I, County Wake
Project Number 99 0015 County2
.0 Inactive Region Raleigh
Project Type purpose of residential development I DCM Office
Location ( COE Office Raleigh
Last Total Total Total Mit 4M Recvd Sent to Recvd Action 401 401 Totals Mit
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Inspection Date Inspector
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. Carroll Ogle
215 South Academy Street
Cary, NC 27511
1 LT?WAA •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 25, 1999
Re: Neuse River Riparian Buffer Variance Request, DWQ Project #990015
Dera Mr. Ogle:
On February 11, 1999 the North Carolina Environmental Management
Commission granted you a variance from the Neuse River Riparian Buffer Rules (15A
NCAC 2B. 0233) in order for to develop the residential project known as Thorne Place
located near I-40 and East Chatham street in Cary. The project involves impacts to
existing forested buffers along a pond and unnamed tributary to Walnut Creek. Your
consultant, Mr. Harlan Britt indicated to the Commission that the buffer impacts could be
further reduced by slightly altering the locations of the proposed residential units. The
Division is currently waiting for you to submit your final project plans so that the 401
water quality certification can be issued.
Please note that this variance authorization does not preclude you from obtaining
any other appropriate State, federal, or local authorizations for your project. Should you
have any questions concerning this matter please feel free to contact me at 919-733-1786.
JJ?oh R. D omey
nds / 401 ;n'
Cc:
Harlan Britt
Central Files
Raleigh Regional Office
Wetlands / 401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affu-mative Action Employer 50% recycled/10% post consumer paper
Kimley-Horn
and Associates, Inc.
January 18, 1999
Luu
A 2 9W9
Owl-
yo RECEIVED
JAN 2 0 1999
ENVIRONMENTAL. MANAGEMENT
commlSSfma
¦
P.O. Box 33068
Raleigh, North Carolina
27636-3068
Dr. David Moreau, Chairman
North Carolina Environmental Management Commission
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Dr. Moreau:
Kimley-Horn and Associates, Inc. (KHA) has been retained to assist Carroll and
Sheila Ogle in their efforts to obtain a variance from the requirements of 15A
NCAC 2B.0233 related to application of Neuse River buffers associated with an
intermittent stream located on their property in Cary (Figure 1). The following
history and description of the property of concern presents a clear justification
for granting the requested variance as provided in 15A NCAC 213.0233 I.D.
The subject property (approximately 7.98 acres) was purchased in 1954 by Mr.
Thorne (Sheila Ogle's father) and was in his ownership until his death in 1991.
Upon his passing in 1991, his estate (including the subject property) was divided
equally between his two daughters. In 1988, architect Jack Rice was hired to
develop architectural plans for congregate housing on the subject property.
In 1996, the Town of Cary, recognizing the need for affordable housing, had
conversations with the Ogles regarding the development of the subject property
(see attached letter). Again, Jack Rice was hired to develop architectural plans
for low-income affordable multi-family congregate dwellings. In 1997, Sheila
Ogle purchased the other portion of the original 7.98 acre tract from her sister.
Also in 1997, Glen Ward and Associates began land surveying and site civil
engineering activities on the subject property. Additionally, Glen Ward and
Associates identified environmental constraints associated with the subject
property. Upon completion of the environmental work, it was determined that
less than 1/3 acre of total wetlands existed on site as well as an approximately
0.65 acre pond and an intermittent stream. The pond and intermittent stream that
forms at its spillway traverses the entire length of the property as indicated on
the enclosed site plan. In November of 1997, the rezoning of the property to its
current status, B-2 RMF-12 CU, was approved by the Town of Cary to allow for
the property to be developed as low-income affordable housing.
17 6r FIE .
A
,IAA' 2 ; 1999
Ta 919 677 2000 FAX [phone] WH I ER QUALITY
¦
SECTION
KimleyHorn Dr. David Moreau. January 19. 1999. Page 2
and Associates, Inc.
In July, 1997 the Environmental Management Commission adopted as a
temporary rule 15A NCAC 213.0233 which states :"Riparian areas shall be
protected and maintained in accordance with this rule on all sides of surface
waters in the Neuse River Basin (intermittent streams, perennial streams, lakes,
ponds, and estuaries) as indicated on the most recent versions of United States
Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps or
other site-specific evidence." This rule was subsequently modified in December
1997 to its present form.
Since the 404 permit is not a problem for this site, because proposed wetland and
stream impacts are less than 1 /3 acre or 150 linear feet of stream, the remaining
issue to be resolved is the Neuse River Basin Nutrient Management Strategy
buffer rule requirements. In an effort to resolve this issue, Kimley-Horn and
Associates has altered the original site plan that called for 100 units to be
developed, and is now proposing 93 total units. Efforts were made to decrease
the total area of built upon land as well as maximize the distance from the
intermittent stream on-site. The current plan requires encroachment into the
outer 20-feet of the overall 50-foot riprian buffer, however this is a dramatic
improvement from the initial plan which proposed impacting the entire stream
and buffer area.
In December 1998, a meeting was held with Division of Water Quality staff
(John Dorney) to discuss the buffer requirement and review the revised site plan
including the reconfiguration and use of the existing on-site pond as stormwater
treatment. It was the general agreement of DWQ staff members that the
appropriate course of action to follow was to petition for a variance from the
Neuse River buffer rules pursuant to 15A NCAC 213.0233 (6). It was the
expressed opinion of the DWQ staff in attendance during this meeting that a
variance could be supported by the DWQ after reviewing the revised site plan
and proposed use of the on-site pond for stormwater treatment.
We believe that the general purpose of the rule will be preserved and water
quality will be protected under the current site plan and a critical need for
low-income affordable housing (as indicated by the Town of Cary) can also
be achieved. Therefore, we have respectfully submitted a request to the DWQ
staff for a variance from the Neuse River Nutrient Sensitive Waters Management
Strategy, 15A NCAC 213.0233, as provided in 15A NCAC 213.0233 (6) on
behalf of our clients Carroll and Sheila Ogle. We look forward to appearing
before the Environmental Management Commission in February 1999 to perfect
the variance process.
Klmley-Horn Dr. David Moreau. January 19, 1999. Page 3
and Associates, Inc,
Should you or the staff have any questions related to the request, please do not
hesitate to contact me at [phone]
Very truly yours,
KINILEY-HORN AND ASSOCIATES, INC.
Harlan K. Britt, PE
Senior Project Manager
Enclosures
Copy to:
Preston Howard
John Dorney
Greg Thorpe
Carroll Ogle
Title: Site Location Map - USGS Quadrangle Raleigh West, N.C.
Photoinspected 1987
Project: Thorne Place
912 East Chatham Street
EM KimleyHorn Can, North Carolina
= F-1 And Associates, Inc.
Engineering, Planning and Environmental Consultants
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Town of Cary
North Carolina
January 11, 1999
Dr. David Moreau, Chairman
Environmental Management Commission
512 N. Salisbury Street
Raleigh, N. C. 27603
Subject: Affordable Housing
Dear Dr. Moreau:
The Town of Cary has a significant interest in the location of additional affordable
housing units in the Town of Cary. Over the past several years the need for affordable
housing has been identified as a primary concern of the town through surveys,
discussions with the business community and by a growth management task force that
was appointed by the town council in January, 1998. The charge of the growth
management task force was to analyze major issues facing Cary for the future. In
addition to infrastructure improvements, affordable housing was identified as one of
those major issues.
With the average new home in Cary selling for $232,000 and existing houses selling at
an average $177,334 the existing housing stock is above the affordability of anyone
making 80% of the Wake County medium income for two person households. As a
result it is imperative that the town seek all opportunities to attract and locate affordable
housing with monthly rent between $875-985 per month. Another factor that makes it
even more imperative for the town to seek additional housing of this type is that the
current vacancy rate of rental units in this category is below 5%.
It is a stated goal of the Town Council of the Town of Cary that 20% of the housing units
approved for development in Cary be in the price range and rental range of affordability
established at 80% of medium family income. In order to assist us in meeting this goal
we would like to ask you to do whatever is possible within the existing development
regulations to allow projects of this type to proceed. If you have questions please contact
me at your convenience.
Sincerely,
?J cc
William B. Coleman, Jr.
Town Manager
BC/99005/geb
cc: Harlon Britt
Kimley-Home Engineers
www.ci.cury.nc.us
rpgv
P, -) Sox 8005 Cary, North "-'arohna 27512-8005 (519) 4694000 0
n i. Equal Opporh_xrtity Employer MCKLF_'
46.
Kimley-Horn
and Associates, Inc.
January 13, 1999
Dr. David Moreau, Chairman
North Carolina Environmental Management Commission
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Dr. Moreau:
Kimley-Horn and Associates, Inc. (KHA) has been retained to assist Carroll and
Sheila Ogle in their efforts to obtain a variance from the requirements of 15A
NCAC 213.0233 related to application ofNeuse River buffers associated with an
intermittent stream located on their property in Cary (Figure 1). The following
history and description of the property of concern presents a clear justification
for granting the requested variance as provided in 15A NCAC 213.0233 I.D.
The subject property (approximately 7.98 acres) was purchased in 1954 by Mr.
Thorne (Sheila Ogle's father) and was in his ownership until his death in 1991.
Upon his passing in 1991, his estate (including the subject property) was divided
equally between his two daughters. In 1988, architect Jack Rice was hired to
develop architectural plans for congregate housing on the subject property.
In 1996, the Town of Cary, recognizing the need for affordable housing, had
conversations with the Ogles regarding the development of the subject property
(see attached letter). Again. Jack Rice was hired to develop architectural plans
for low-income affordable multi-family congregate dwellings. In 1997, Sheila
Ogle purchased the other portion of the original 7.98 acre tract from her sister.
Also in 1997, Glen Ward and Associates began land surveying and site civil
engineering activities on the subject property. Additionally, Glen Ward and
Associates identified environmental constraints associated with the subject
property. Upon completion of the environmental work, it was determined that
less than 1/3 acre of total wetlands existed on site as well as an approximately
0.65 acre pond and an intermittent stream. The pond and intermittent stream that
forms at its spillway traverses the entire length of the property as indicated on
the enclosed site plan. In November of 1997, the rezoning of the property to its
current status. B-2 RMF-12 CU, was approved by the Town of Cary to allow for
the property to be developed as low-income affordable housing.
¦
P.C. Box 33068
Raleigh, North Carolina
27636.3068
¦
TEL [phone]
FAX [phone]
C• Kimley-Horn Dr. David Moreau. January 1 1999. Page 2
and Associates, Inc.
In July, 1997 the Environmental Management Commission adopted as a
temporary rule 15A NCAC 26.0233 which states :"Riparian areas shall be
protected and maintained in accordance with this rule on all sides of surface
waters in the Neuse River Basin (intermittent streams, perennial streams, lakes,
ponds, and estuaries) as indicated on the most recent versions of United States
Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps or
other site-specific evidence." This rule was subsequently modified in December
1997 to its present form.
Since the 404 permit is not a problem for this site, because proposed wetland and
stream impacts are less than 1/3 acre or 150 linear feet of stream, the remaining
issue to be resolved is the Neuse River Basin Nutrient Management Strategy
buffer rule requirements. In an effort to resolve this issue, Kimley-Horn and
Associates has altered the original site plan that called for 100 units to be
developed, and is now proposing 93 total units. Efforts were made to decrease
the total area of built upon land as well as maximize the distance from the
intermittent stream on-site. The current plan requires encroachment into the
outer 20-feet of the overall 50-foot riprian buffer, however this is a dramatic
improvement from the initial plan which proposed impacting the entire stream
and buffer area.
In December 1998, a meeting was held with Division of Water Quality staff
(John Dorney) to discuss the buffer requirement and review the revised site plan
including the reconfiguration and use of the existing on-site pond as stormwater
treatment. It was the general agreement of DWQ staff members that the
appropriate course of action to follow was to petition for a variance from the
Neuse River buffer rules pursuant to 15A NCAC 213.0233 (6). It was the
expressed opinion of the DWQ staff in attendance during this meeting that a
variance could be supported by the DWQ after reviewing the revised site plan
and proposed use of the on-site pond for stormwater treatment.
We believe that the general purpose of the rule will be preserved and water
quality will be protected under the current site plan and a critical need for
low-income affordable housing (as indicated by the Town of Cary) can also
be achieved. Therefore. we respectfully submit this request for a variance
from the Neuse River Nutrient Sensitive Waters Management Strategy,
15A NCAC 2B .0233, as provided in 15A NCAC 213.0233 (6) on behalf of our
clients Carroll and Sheila Ogle. We look forward to appearing before the
Environmental Manauement Commission in February 1999 to perfect the
variance process.
Kimley-Horn
and Associates, Inc.
Dr. David Moreau. January 13. 1999. Page 3
Should you or the staff have any questions related to the request, please do not
hesitate to contact me at [phone]
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
) z -; ?' ? 776 '-? 44
Harlan K. Britt, PE
Senior Project Manager
Enclosures
Copy to:
Preston Howard
John Dorney
Greg Thorpe
Carroll Ogle
State of North Carolina
Cepartment of Environment and Natural Resources
Civision of Y.ater Quality
Variance Request Form
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
NOTE. This form maybe photocopied fcr use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Carroll and Sheila Ogle
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: Mr. Carroll Ogle
Title: CFO-MRPP
Street address: 215 South Acad-emy Street
City, State, Zip: Cary, NC 27511
Telephone: ( 919 } 467-3376
Fax: i 919) 468-1956
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, cperation and maintenance agreements, etc.):
Thorne Place
4. Location of Facility
Street address: 912 East Chatham Street
City, State, Zip: Cary, North Carolina 27513
County: Wake County
LatitudeAcngitude: 35°-47'-20" / 78°-45'-15"
5. Directions to facility from nearest major intersection (Also attach a map):
Site is located approximately 1000' west of intersection of Chatham Street
and Trinity Road on south side of Chatham Street in Cary, North Carolina.
6. Contact person who can answer questions about the facility:
Name: Mr. Carroll Ogle
Telephone: ( qlq) 467-3376
Fax: [phone]
Email: [e-mail]
7. Requested Environmental Management Commission Hearing Date: February 11, 1999
Version 1: September 1998
Part 2: Demonstration of Need for a Variance
NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
Commission to grant a variance to an affected party when the following conditions apply on a given project
(a) practical difficulties or hardships would result from strict application of the rule:
(b) such difficulties or hardships result from conditics which are peculiar to the property involved; and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were granted.
Tnis pa, ° of the application is to explain how the project meets criteria (a) and (b). i
1. Attach a detailed description (2-3 pages) explaining the following:
• The practical difficulties or hardships that would result from strict application of the Rule.
• Now these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the
riparian area is not feasible on this project. If economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
Part 3: Water Quality Protection
NOTE. This part of the application is to explain how the project meets criterion (c): the general purpose and
intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if
the variance were granted.
1. Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
As discussed in Part 2, the majority of the watershed drains to the pond
located on site. This pond will be utilized to treat the maiority of the
st d gpnernterl nn cite and he remainder will he treated h?z the existing
30' riparian buffer that will be maintained along both sides of the stream
on-site WP's and sedimentation and erosion rnntrnl measures will he utilized
during the construction phases.
2. What is the total project area in acres? 7.98 acres
3. Which of the following permits/approvals will be required for this project?
CAMA Major
Sediment/Erosicn Control
x 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998
PART 2: & PART 3.
Rule 15A NCAC 213.0233 (6) states that " Where application of this Rule would
prevent all reasonable uses of a lot platted and recorded prior to the ?. Xective
date of this rule, a variance may be granted by the Environmental Management
Commission if it finds that:
(a) practical difficulties or unnecessary hardships would result from strict
application of the rule;
(b) such difficulties or hardships result from conditions which are peculiar to the
property involved;"
The owners believe the situation associated with their property meet all of the
criteria set forth in the rule and therefore provide the following for the
Environmental Management Commission's consideration.
(1) The physical characteristics of the property are unique in that a small
(24inch-wide) intermittent stream meanders through the property from
east to west. The property has a depth of approximately 625 feet. The
stream, located on the southern portion of the property, is located 50 to
200 feet from the property line. When the 50-foot buffer is added to this
distance one can readily see the impact the buffer has on developable
land inside the property lines. Coupled with the buffer requirement is
the Town Of Cary's building offset requirements that further reduce the
usable land along the southern portion of the property. If a reduction in
the buffer is not granted nearly 40 per cent of the total property will be
lost for lack of space to construct housing units and the required parking
areas.
A compounding effect to the previously mentioned issues is the density
requirements that exist for the present zoning. This property, under
existing zoning, could construct up to 16 units per acre and the owners
have proceeded with that limitation. With this density restriction,
reducing by 40 percent the available land because of a strict application
of the buffer rule would clearly not allow this needed project to proceed.
(2) It is important to understand the circumstances surrounding the proposed
project that are unique to this property. The Town of Cary has identified
a need for development of affordable (low income housing) within it's
jurisdiction and at the same time has adopted a growth policy that
reduces the number of housing units it will allow to be built over the
next few years. Clearly this is not an environmental issue however, for
this property it does have significance. According to the property
owners, this project was included in the Town's development plan for
affordable housing and may be the only project of this nature in the near
future and therefore it has the support of the town.
The initial project as planned in the early 1990's was for construction of
100 units. That plan has now been changed because of the Neuse River
buffer requirements and the project has been redesigned and reduced to
93 units subject to the approval of this variance request. If the request is
not granted, then the project does not meet economic viability criteria
and can not proceed. However, if a variance can be granted for a
reasonable intrusion into the stream buffer on the property, the project
can move forward and water quality can still be protected.
The third condition that to be met before a variance may be granted by the
Environmental Management Commission is:
(c) "the general purpose and intent of the Rule would be preserved, water
quality would be protected and substantial justice would be done if the
variance were granted."
(3) There are options that could be pursued by the owners that would give
them some additional land for development however they would not be
nearly as water quality responsible. According to the DWQ staff, the
existing pond on the property could be drained and the stream would re-
establish on a new location through the bed of the existing pond. The
owners could then provide for a 50 foot forested buffer along either side
and they would not be required to do any further water quality treatment.
The owners have chosen not to pursue this idea but rather have worked
with the DWQ staff to develop a plan that will include a stormwater
management facility. Further they propose to retain, undisturbed, the
intermittent stream and Zone 1 of the forested buffer that exist below the
existing pond and dam. The science on the removal efficiency of
stormwater management facilities is not well developed at this time, nor
is the removal efficiency of forested buffers in urban areas. However,
for years the Division of Water Quality and the EMC has strongly
supported use of such facilities as very beneficial in improving water
quality where they can be constructed. In this situation, not only will a
stormwater facility be installed that will treat a majority of the runoff
from the project but also will treat upstream runoff.
(`I)
It is the owner's position that by providing protection of Zone 1 for a
majority of the stream and installing a stormwater management facility with
appropriate landscaping, that water quality will be protected and substantial
justice will be achieved by granting of the requested variance. Further, this
project which the owners began work on in the early 1990's will be allowed
to proceed and a housing need in the Town of Cary will be partially
resolved.
Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement None required per conversations with
Form SWU-103 Infiltration Basin Supplement Mr. John Dorney, since residential
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement development.
Form SWU-107 Underground Infiltration Trench Supplement
Form SVVU-109 Innovative BMPs Supplement
Part 4: Submittal Checklist
A complete appplication submittal consists of the following components. Incomplete submittals
will be returned to the applicant. The complete variance request submittal must be received 90
days prior to the EMC meeting at which you wish the request to be heard. Initial below to
indicate that the necessary information has been provided.
Applicant's Item
Initials
Original and two copies of the Variance Request Form and the attachments
listed below.
• A vicinity map of the project (see Part 1, Item 5)
Narrative demonstration of the need for a variance (see Part 2)
A detailed narrative description of stcrmwater treatment/management (see Part
3, Item.1)
Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
i • Calculations and references supporting nitrogen removal from proposed BMPs
(see Part 3, Item 6)
• Location and details for all proposed structural stormwater BMPs (see Part 3,
Item 6)
. Three copies of the applicable Supplement Form(s) for each BMP and/or
narrative for each innovative BMP (see Part 3, Item 7)
i . Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" =100' or 1" = 50' is preferred)
0 Revision number & date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
- 0 Location map with named streets or NC State Road numbers
? 0 Original contours, proposed contours, spot elevations, finished flccr
elevations
0 Details of rcads, parking, cul-de-sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff
calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 4
Version 1: September 1998 _
Part 5: Deed Restrictions
By your signature in Part 7 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the-easements cannot be changed or
deleted without concurrence from the State, and that the easements will he. rrc:ord od prior to the
sale of any lot.
Part 6: Agent Authorization
if you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): ximlev-Horn and Associates. Inc. (ATTN: Harlan Britt)
Mailing address: 3001 Weston Parkway
City, State, Zip: Cary, NC 27513
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Part 7: Applicant's Certification
I / (print or type name of person
listed in Part 1, Item 2), certify that the nformation included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Titf e:
Variance Request Form, page 5
Version 1: September 1998
Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project, attach an additional sheet with the information for each basin
provided in the same format as below.
Project Information Drainage Basin 1 1 • Drainage Basin 2
Receiving stream name bnnamed tributary of 4alnut Creek
R .-_aiving stream class' C NSW
Drainage basin area (tctalz) 22.70 acres
Existing impervious area (total) 1.70 acres
Proposed impervious area (totalz) 3.47 acres
% Impervious area (on-site) 43.48 %
% Impervious area (total) 21.54 %
Impervious area' Drainage basin 1 Drainage basin 2
On-site buildings 1.14 acres
On-site streets 0.62 acres
On-site parking ( 1.50 acres
On-site sidewalks 0.20 acres
Other on-site
(well house an 0.01 acres
"

Off-site 1.42 acres

' The intemet site for this information is ntp:trnz enr.Sia[e.nc:.uJ/JiIIIiUdQyaiN1raiuau.uuuU
2 Total means on-s,le plus off-site area that drai through the project.
a Impervious area is defined as the built-upon a a including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc. 4.89 acres total
5. How was the off -site impervious area listed above derived?
Used Planimeter on 1.24000 scale USGS map
6. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)?
Attach a detailed plan for all proposed structural stormwater BMPs.
Drainage
basin Size of
drainage
basin
(ac) Post-development
nitrogen loading rate
without BMPs`
(lbs/ac'yr) BMP nitrogen
removal
efficiencys
(%) Final nitrogen
loading rate
(lbs/ac/yr) Final nitrogen
loading from
drainage basin
(lbs o
1 ; 7,98 acres 7.4 lbs/ac/ r 43% 4.2 lb/ac/y? 33,5 lb/ r
2 lSee attachmend
3
4
I
;T.otals t y . _; -
' Attach calculations and references.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998
Part 6 References and Calculations
1. Controlling Urban Runoff
Thomas R. Schueler„ July. 1987
2. Current Water Quality BMP Design Guidance
Dunn, Brown, Young, Stein, Mistichelli
Project Drainage basin = 7.98 ac.
BMP: Detention Pond
Removal efficiency = 20- 40 %; use 40% (Dunn: based on larger than required
basin.)
30 ft. Forested Buffer
Removal efficiency = .85% x .60 = 51%
Average Removal Efficiency
40% x.75 (% drainage through pond) = 30%
85% x.25 x.6(% drainage through 30 buffer) = 13%
Average Removal Efficiency = 43 %
Post Development Nitrogen Rate = 7.4 lb/ac./yr
BMP Nitrogen Removal Efficiency = 43 %
Final Nitrogen Loading Rate = 4.2 lb/ac/yr
Final Nitrogen Loading = 33.52 lb/yr
Note: With construction of the in-stream pond, off-site runoff will be treated with
a nitrogen removal rate of 40 %. Therefore, 40 % removal of nitrogen from the upstream
discharge (15 acres of drainage) will offset some of the nitrogen lost due to granting of
the variance for the subject project. Additional nitrogen will be removed by trees plant
around the storm water pond during the final landscaping of the project.
Title: Site Location Map - USGS Quadrangle Raleigh West, N.C.
Photoinspected 1987
Project: Thorne Place
913 East Chatham Street
CM "-- Kimley-Horn Cary, North Carolina
And Associates, Inc.
Engineering, Planning and Environmental Consultants
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DEM ID: CORPS ACTION ID:
NATICNWIDE PERMIT REQUESTED (pROVIDn NATIONWIDE PERMIT #) : 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS T14AT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITS TAE NC.DIVISION OF COASTAL MANAGEI.MNT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EWIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Carroll Ogle
2. MAILING ADDRESS! 215 South Academy Street
SOBDIVISION NAME: Thorne Place
CITY: Cary STATE: NC ZAP CODE: 27511
PROJECT LOCATION ADDRESS, INCLUDING SUBDI171SION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE); 912 East Chatham Street
Cam, NC 27513
3. T::LEPHONE NUMBER (HOME) [phone] (WORK) : 468-1000
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ACORESS,
PHGNE NUMBER: Harlan K. Britt [phone]
Kimley-Horn and Associates Inc. 3001 Weston Parkway, Cary, N. 27513
5. LOCATION OF WORK (PROVIDE A MR?, PREFERABLY A COPY OF USGS TOPOGRAPHIC
N,AP OR AERSAa PHOTOGRAPHY WITH SCALE):
COUNTY: Wake NEAREST TOWN CR CITY: Cary
See attached USGS map (Raleigh West quad)
I
70 *A ZZ:I 1 8661 *tO'ZT 66oiUi(1938 H9I31U?J WO213
SPCC=FTC LCC'T,ON (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : 912 East Chatham Street
35047'20"/78045'15"; 1000' west of intersection of Chatham Street and Trinity
Road on south side of Chatham Straat
6. IMPACTED OR NEAREST_ STREP.M/RIVER: Unnamgd tributary to Walnut Creek
RIVER BASIN: Neuse River Buqjn
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II) ? YES [ J NO [X] IF `_'ES, EXPLP.SN:
Class C; NSW
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF E.WXRONMEVTAL CONCERN (A-EC; ? YES [ J NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COLTNTIES), WHAT IS THE LAND USE PL;4 (LUP) DESIGNATIOtl?
Not applicable
Sa. HAVE ANY SECTION 404 PERMITS BEE17 PREVICUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ J NO [XJ IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 40-1
CERTIFICATION):
Bb. ARE ADDITIONAL PERMIT REQUEST'S EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X ] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES 1N TRACT OF L?.ND:
7.98 acres
9b. ESTIMATED TOTAL NUMBER CF ACRES OF WSTLANDS LOCATED ON PROJECT SITE:
0.116 acre wetlandsi0.651 acre pond (see attached wetland map)
2
20,3 ZZ:I[ 8661-VO-ZI A,?Dlb70934 H9I3lt1:J V10?J3
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
F11-,ING: 0.06 acre wetland EXCAVATION:
0.45 acre pond (maximum impact)
FLOODING:
OTHER:
DRAXNAGE: TOTAL ACRES TO $F. IMPACTED: _0_06 nrre wetland and
0.45 _acre pond Note: The 0.45 acre of pond impact will likely be reduced following
final stormwater pond design.
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (.TF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATIOAO :
LENGTH BEFORE: N/A FT AFTER: N/A FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: N/A FT
AVERAGE DEPTH BEFORE: N/A FT AzTER: N/A FT
(2) STRR'-I, CHANNEI IMPACTS WILT. RF,SULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CI'.P.,NNEL:
CHANNEL EXCAVATION: N/A _ CONSTRUCTION OF A DAM/FLOODING:
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF TEE
WATERSHED DRAINING TO THE POND? 20.0 ncrec
WHAT IS THE EXPECTED POND SURFACE AREA? 8,450 square feet (minimal)
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
A proposed 100 unit residential condominium d vP1o pmPnt
13. PURPOSE OF PROPOSED WOR'C: Multi-family housing
3
b0'd Z.Z:I I 8661'00'Zi -1JOldIn93d HO I3'1d?l W021j
14, STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUSS BE CARRIED
OUT 1N WETLANDS. (INCLUDE ANY MEASURES TAEEN TO MINIMIZE WETLAND
IMPACTS;:
A majority of the wetlands locator! on the_garrel are x.TLrhin the NQ17se River R„ffer
zone I and will not be impacted Du rha rnnfio++rorinn of rha narrel_ n-06-acre of
wetland impact is unavoidable size of the existing pond nn-site
will be reduced based on the revis?sLnrns t Proposal.
15. YOU`ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE,
(USFWS) AND/CR•.NATIONAL MARINE FISHERIES SERVICE (N-MFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT •'MAY-BE-.AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU AREEQUI:iIrF-fiQ-cONTP+CT, THE STATE HISTORYC,_QRESERVATION-!OFFICERdT'?
(SHPO) (SEE AGENCY AADDRES.SES_SHEET) -REGARDING THE PRESENCE OF HISTOiuC
PROPERTIES- -N'TIIE PERMIT AREA WHICH MAY BE AFFECTED BY THE"PROPOSED
PROJECT. DATE CONTACTED:. NIA
17. DOES THE PROJECT 1pIcLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PL75LTC (STATE) LAND?
YES [] NO [A (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTA L
POLICY ACT?
YES H NO D]
b. IF YES, HAS THE DCCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (] NO K
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICX ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PRCCESS SHOULD BE
DIRECTED TO MS. CHRYS DAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ACMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone]-
90'd ZZ:II 8661'tO'ZI 4dOltl10938 H9I31bN, WO213
18. THE FOLLOWING ITEMS SHOULD DE INCLUZZD WITH TH;S APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS
a. WEa'L.AND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) CN THE PROPERTY
MUST BE SHOWN ON THE MAP. MP.P SCALES SHOULD BE 1 _'NCH 4QUALLS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAF.i OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE rTORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD CF SEWAGE DISPOSAL?
N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (2W 77M TWENTY COASTAL COUNTIES ONI,I) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
0W,NER' S/ AGENT' S SIGN A? RE
r
V 9'q
DATE
(AGENT'S SIGNATURE VALID ONLY
IF kUTHORIZATICN LETTER FRO14
THE OWNER IS PROVIDED (18g.))
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Title: Site Location Map - USGS Quadrangle Raleigh West, N.C.
Photoinspected 1987
Project: Thorne Place
912 East Chatham Street
CM Kimley-Horn Cary, North Carolina
= F-1- And Associates, Inc.
Engineering, Planning and Environmental Consultants
Date: Scale: Project No.: Figure:
1/3/99 N/A 011710.00
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Kimley-Horn
and Associates, Inc.
Letter of Authorization
Mr. Carroll Ogle authorizes Kimlev-Horn and Associates, Inc. to act as his a"ent in the
application for the Section 404/401 permits and approvals associated with the Thorne Place
development project located in Cary, Wake County, North Carolina.
January 12. 1999
rro 2 e
tllff?
Kimley-Horn
C and Associates, Inc.
January 18, 1999
\? u
Dr. David Moreau, Chairman
North Carolina Environmental Management Commission
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Dr. Moreau:
Kimley-Horn and Associates, Inc. (KHA) has been retained to assist Carroll and
Sheila Ogle in their efforts to obtain a variance from the requirements of 15A
NCAC 213.0233 related to application of Neuse River buffers associated with an
intermittent stream located on their property in Cary (Figure 1). The following
history and description of the property of concern presents a clear justification
for granting the requested variance as provided in 15A NCAC 213.0233 I.D.
The subject property (approximately 7.98 acres) was purchased in 1954 by Mr.
Thorne (Sheila Ogle's father) and was in his ownership until his death in 1991.
Upon his passing in 1991, his estate (including the subject property) was divided
equally between his two daughters. In 1988, architect Jack Rice was hired to
develop architectural plans for congregate housing on the subject property.
In 1996, the Town of Cary, recognizing the need for affordable housing, had
conversations with the Ogles regarding the development of the subject property
(see attached letter). Again, Jack Rice was hired to develop architectural plans
for low-income affordable multi-family congregate dwellings. In 1997, Sheila
Ogle purchased the other portion of the original 7.98 acre tract from her sister.
Also in 1997, Glen Ward and Associates began land surveying and site civil
engineering activities on the subject property. Additionally, Glen Ward and
Associates identified environmental constraints associated with the subject
property. Upon completion of the environmental work, it was determined that
less than 1/3 acre of total wetlands existed on site as well as an approximately
0.65 acre pond and an intermittent stream. The pond and intermittent stream that
forms at its spillway traverses the entire length of the property as indicated on
the enclosed site plan. In November of 1997, the rezoning of the property to its
current status, B-2 RMF-12 CU, was approved by the Town of Cary to allow for
the property to be developed as low-income affordable housing.
¦
TEL [phone]
FAX [phone]
P.O. Box 33068
Raleigh, North Carolina
27636.3068
_ Kimley-Horn Dr. David Moreau. January 19, 1999, Page 2
and Associates, Inc.
In July, 1997 the Environmental Management Commission adopted as a
temporary rule 15A NCAC 213.0233 which states :"Riparian areas shall be
protected and maintained in accordance with this rule on all sides of surface
waters in the Neuse River Basin (intermittent streams, perennial streams, lakes,
ponds, and estuaries) as indicated on the most recent versions of United States
Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps or
other site-specific evidence." This rule was subsequently modified in December
1997 to its present form.
Since the 404 permit is not a problem for this site, because proposed wetland and
stream impacts are less than 1/3 acre or 150 linear feet of stream, the remaining
issue to be resolved is the Neuse River Basin Nutrient Management Strategy
buffer rule requirements. In an effort to resolve this issue, Kimley-Horn and
Associates has altered the original site plan that called for 100 units to be
developed, and is now proposing 93 total units. Efforts were made to decrease
the total area of built upon land as well as maximize the distance from the
intermittent stream on-site. The current plan requires encroachment into the
outer 20-feet of the overall 50-foot riprian buffer, however this is a dramatic
improvement from the initial plan which proposed impacting the entire stream
and buffer area.
In December 1998, a meeting was held with Division of Water Quality staff
(John Dorney) to discuss the buffer requirement and review the revised site plan
including the reconfiguration and use of the existing on-site pond as stormwater
treatment. It was the general agreement of DWQ staff members that the
appropriate course of action to follow was to petition for a variance from the
Neuse River buffer rules pursuant to 15A NCAC 213.0233 (6). It was the
expressed opinion of the DWQ staff in attendance during this meeting that a
variance could be supported by the DWQ after reviewing the revised site plan
and proposed use of the on-site pond for stormwater treatment.
We believe that the general purpose of the rule will be preserved and water
quality will be protected under the current site plan and a critical need for
low-income affordable housing (as indicated by the Town of Cary) can also
be achieved. Therefore, we have respectfully submitted a request to the DWQ
staff for a variance from the Neuse River Nutrient Sensitive Waters Management
Strategy, 15A NCAC 213 .0233, as provided in 15A NCAC 213.0233 (6) on
behalf of our clients Carroll and Sheila Ogle. We look forward to appearing
before the Environmental Management Commission in February 1999 to perfect
the variance process.
Kimley-Horn Dr. David Moreau. January 19, 1999. Page 3
and Associates, Inc.
Should you or the staff have any questions related to the request, please do not
hesitate to contact me at [phone]
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Harlan K. Britt, PE
Senior Project Manager
Enclosures
Copy to:
Preston Howard
John Dorney
Greg Thorpe
Carroll Ogle
Title: Site Location Map - USGS Quadrangle Raleigh West, N.C.
Photoinspected 1987
Project: Thorne Place
913 East Chatham Street -
CM ? Kimley-Horn Can,, North Carolina
And Associates, Inc.
Engineering, Planning and Environmental Consultants
Date: Scale: Project No.: Figure:
1/3/99 _N/A 011710.00
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Town of Cary
North Carolina
i
ilk ?
% January 11, 1999
Dr. David Moreau, Chairman
Environmental Management Commission
512 N. Salisbury Street
Raleigh, N. C. 27603
Subject: Affordable Housing
Dear Dr. Moreau:
The Town of Cary has a significant interest in the location of additional affordable
housing units in the Town of Cary. Over the past several years the need for affordable
housing has been identified as a primary concern of the town through surveys,
discussions with the business community and by a growth management task force that
was appointed by the town council in January, 1998. The charge of the growth
management task force was to analyze major issues facing Cary for the future. In
addition to infrastructure improvements, affordable housing was identified as one of
those major issues.
With the average new home in Cary selling for $232,000 and existing houses selling at
an average $177,334 the existing housing stock is above the affordability of anyone
making 80% of the Wake County medium income for two person households. As a
result it is imperative that the town seek all opportunities to attract and locate affordable
housing with monthly rent between $875-985 per month. Another factor that makes it
even more imperative for the town to seek additional housing of this type is that the
current vacancy rate of rental units in this category is below 5%.
It is a stated goal of the Town Council of the Town of Cary that 20% of the housing units
approved for development in Cary be in the price range and rental range of affordability
established at 80% of medium family income. In order to assist us in meeting this goal
we would like to ask you to do whatever is possible within the existing development
regulations to allow projects of this type to proceed. If you have questions please contact
me at your convenience.
Sincerely,
William B. Coleman, Jr.
Town Manager
BC/99005/geb
cc: Harlon Britt
Kimley-Home Engineers
www.ci.cm•y.nc.us
P. O. Box 8005 Cary, North Carolina 27512-8005 (919) 46911000 0
0
An Equal Opportunity Employer WCYCxea
Variance Request
Subject: Variance Request
Date: Tue, 2 Feb 1999 11:02:12 EST
From: "Danny Smith" <[e-mail]. state. nc.us>
Organization: DENR - Raleigh Regional Office
To: [e-mail]
CC: [e-mail], [e-mail]
John:
Variance Request:
Sheila Ogle
215 South Academy Street
Carry, NC 27511
Proposal: The RRO's understanding is that this Variance Request
proposes to remove the outer 20 feet of both sides of approximately
_II =.x _ _ ? _ L_ can and an add; i, )nal 50 fat of k th sides of
pond (the pond is about 200 feet long) . Total riparian area proposed
to be removed is approximately 36000 sq feet of the approximate total
of 60,000 sq feet of buffer on this tract.
i?auc'S
1) On June 16,1998 I conducted a site visited at this proposed
development. In June these units were called Condominiums. In the
variance request letter the proposed units are described as
-inco^: affordabl_ _., Wising" . I will call Carry and tf?,, to ?-i.id
out what the development use is for this tract (and what being zoned
CU rreins)
l) The information provided does not indicate if the current owner
was in fact the owner of the property prior to the effective date of t,-/
the rule. That is, the letter only states that Sheila Ogle purchased the other portion of the original 7.98 acre tract form her sister in
1997. The information provided simply does not detail if the lot was
platted prior to the effective data of the rule. This information
needs to be provided to determine the suitability of this project to
the variance procedure.
3) -Stormwater pond - The following was stated in the Variance
Request letter : " It was the expressed opinion of the DWQ statt in
attc..dance during a meeting that a variance could be supported by the
DWQ after reviewing the revised site plan and proposed use of the
on-site pond for stormwater treatment.."
The RRO feels this is problematic. The pond is subject to the
Neuse Buffer rule and is located at the upper end of property. Also,
it appears that the riparian zone around the pond will be removed and
in its place will be an urban landscaped lawn which will require
nutrient (fertilizer application). Further, the information
provided did not detail their stormwater plans. Although they
explain that the pond will be used to treat stormwater they did not
show what portion of the project's stormwater would be routed to the
stormwater pond. Also important is how many outlets would be
installed along the buffer edge and how or whether sheet/diffuse flow
could be achieved along the buffer.
4) Also, I recommend that the Sedimentation and Erosion Control Plan
be reviewed for compliance with the NBR by DWQ as a part of any
possible variance condition (Note: This is the same engineering
company that worked on Triangle Town Center).
-It is the RRO's believe that this project should not receive a
1 of 2 2/3/99 10:37 AM
Varian??c R.•??urs?
variance (Also, it is not clear if the property was platted prior to
effective date of the rule). Simply, the str :: , ".2 p:;rid, the
buffer, the project type are not unique. These combination of
issues are not unique and the buffer can be worked around (The only
thing unique is the number of units proposed to be built).
The RRO does not support issuance of a Variance at this time.
-John If you wish to discuss this further please call.
danny
2 of 2 2/3/99 10:37 AM
Variance Request for Capital Broadcasting
Subject: Variance Request for Capital Broadcasting
Date: Tue, 2 Feb 1999 11:54:42 EST
From: "Danny Smith" <[e-mail]. nc.us>
Organization: DENR - Raleigh Regional Office
To: [e-mail]
CC: ken-schuster@ rro.enr. state, nc. us
John :
I have reviewed the Variance Request packages that you provided
on the Capitol Broadcasting Co. HDTV Tower.
Some of the information provided may indicate support for this project
being vested. That issue aside, I recommend the following
prerequisites to consider prior to issuance of a variance
-Stormwater management plan should be required for the facilities
located at the tower (parking lots and roof tops). Additionally, if
r ,_,eici,. d ° e required to be installed ilutlg the "guy wire pathway" i hern
i.licy should have permanent sedimentation controls installed in order
to prevent long-term or chronic sedimentation problems.
;:a,ie not been to this site. It is unclear for the portion of the
pathway :SUr,:Ject to the NEF, ii the cleared riapariar. Zone is
in fact necessary through out the entire guy wire pathway. It would
lson2ble aivcn i}N Sln„F ;rF ..: ( vice, that at some, p,)'- ;.-r-s
^o longer pose a r1rot1.em to the -re (or at least the pa_htva;r o*_
clearing could be reduced).
-Tt is my understanding that they wish to clear a 100' wide path (50'
on each side of the wire alinement). For the ripaian zone, I
recommend that cutting vegetation on an episodic basis for the
purposes of safety be clearly supported. However, grading and the
dramatic disturbance of soil in order to prepare the stream side
management zone for grassy cover is excessive. I would stipulate that
initial clearing of the vegetation in the riparian zone should be
accomplished using Forestry BMPs and the regular maintenance of the
butter zone be agreed upon in a formal protocol that they provide.
(Sumo sort of cutting frequency that trey feel is appropriate.) Also,
I would also require that the debris cut be removed from the riparian
zone.
-I currently have no plans to visit the site. Let me know if
you wish me to investigate any of the above issues listed further.
Danny
1 of 1 2/3/99 10:36 AM
State of North Carolina
Cepartrnent of environment and Natural Resources
Division of J'.-,er Quality JAN 2.6 11 -Tr7ll
Variance Request Form
Neuse Riv :
Protection r and Maintenance Nutrient Sensitive Waters Mana n#egy
of Riparian Areas Rule ??.0233)
NOTE. This term maybe photocopied fcr use as an original.
Part 1: General Information
1. Applicant's name (the ccrperation, individual, etc. who owns the project):
Carroll and Sheila Oele
2. Print Owner/Signing Official (perscn legally respensib!e for the facility and its compliance)
Name: Mr. Carroll Ogle
Title: CFO-MRPP
Street address: 215 South Acad-emv Street
City, State, Zip: Carv. NC 27511
Telephone: X919) 467-3376
Fax: ( 919 468-1956
3. Project Name (Subdivision, facility, or establishment name - consistent with project name cn
plans, scecincabons, letters, operation and maintenance agreements, etc.):
Thorne Place
4. Location of Facility
912 East Chatham Street
Sireet address:
City, State, Zip: Cary, North Carolina 27513
(-n„„nt-w Wake County
Latitude/langitude: 35°-47'-20" / 78°-45'-15"
5. Directions to facility from nearest major intersection (Also attach a map):
Site is located appr)ximately 1000' west of intersection o Chat am Street
and Trinity Road on south side of Chatham Street in Cary, North Carolina.
o. Centac: perscn who can answer questions about the facility:
Name: Mr. Carroll Ogle
Telephone: (aiA )467-)376
Fax: [phone]
Email: cogle@mrppine . com
7. Requested environmental Manacernent Commission luearing Date: February 11, 1999
Version 1: September 1998
Part 2: Demonstration of Need for a Variance
i NO 2. The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
i Commission to grant a variance to an affected party when the following conditions apply on a given project
(a) practical dirTrculdes or hardships would result Yom strict application of the rule:
(b) such difficulties or hardships result from conditios which are peculiar to the property involved, and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were grnted.
i nis pa- ° of the application is to explain how the project meets criteria (a) and (b).
1. Attach a detailed description (2-3 pages) explaining the following:
• Tne practical difficulties or hardships that would result from strict application of the Rule.
• How these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the `=uilt-upon area to preserve a greater perfion of the
riparian area is not feasible on this project. If economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
Part 3: Water Quality Protection
NOTE: T nis parrof the application is to explain hcw the project meets criterion (c): the general purpose and
intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if
the variance were granted.
1. Briefly summarize how water quality will be protected on this project- Also attach a detailed
narrative (1-2 paces) describing the nonstructural and structural measures that will tie used
for protecting water quality and reducing nitrogen inputs to surface water.
As discussed in Part 2, the majority of the watershed drains to the pond
located on site This pond will be utilized to treat the majority of the
ctnrmwntor oeneratarl nn city a-A the remaind r will he treateA h? the aristing
30' riparian buffer that will be maintained n1nng hnth cidas of the "imam
on-site. 8MP's and sedimentation and Prnsion cnntrnl meaGnrec will he_„_tilized
2
during the construction phases.
What is the total project area in acres? 7.98 acres
3. Which of the followirg permits/approvals will be required for this project?
CAMA Majcr
Sediment/&osicn Control
Y 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998
PART 2: & PART 3
Rule 15A NCAC 213.0233 (6) states that " Where application of this Rule would
prevent all reasonable uses of a lot platted and recorded prior to the effective
date of this rule, a variance may be eranted by the Environmental Manazement
Commission if it finds that:
(a) practical difficulties or unnecessary hardships would result from strict
application of the rule,
(b) such difficulties or hardships result from conditions which are peculiar to the
property involved;"
The owners believe the situation associated with their property meet all of the
criteria set forth in the rile and therefore provide the following for the
Environmental Management Commission's consideration.
(1) The physical characteristics of the property are unique in that a small
(24inch-wide) intermittent stream meanders through the property from
east to west. The property has a depth of approximately 625 feet. The
stream, located on the southern portion of the property, is located 50 to
200 feet from the property line. When the 50-foot buffer is added to this
distance one can readily see the impact the buffer has on developable
land inside the property lines. Coupled with the buffer requirement ;s
the Town Of Cary's building offset requirements that further reduce the
usable land along the southern portion of the property. If a reduction in
the buffer is not granted nearly 40 per cent of the total property will be
lost for lack of space to construct housing units and the required parking
areas.
A compounding effect to the previously mentioned issues is the density
requirements that exist for the present zoning. This property, tinder
existing zoning. could construct up to 16 units per acre and the owners
have proceeded with that limitation. With this density restriction,
reducing, by 40 percent the available land because of a strict application
of the buffer rule would clearly not allow this needed project to proceed.
(2) It is important to understand the circumstances surrounding the proposed
project that are unique to this property. Tile Town of Cary has identified
a need for development of affordable (low income housing) within it's
jurisdiction and at the same time has adopted a grovih policy that
reduces the number of housing units it will allow to be built over the
next few years. Clearly this is not an environmental issue however, for
this property it does have significance. According to the property
owners. this project was included in the Town's development plan for
affordable housing and may be the only project of this nature in the near
future and therefore it has the support of the town.
'File initial project as planned in the early 1990's was for construction of
100 units. That plan has now been chan?_ed because of the Neuse River
buffer requirements and the project has been redesigned and reduced to
93 units subject to the approval of this variance request. If the request is
not granted, then the project does not meet economic viability criteria
and can not proceed. Flowever, if a variance can be granted for a
reasonable intrusion into the stream buffer on the property, the project
can move forward and water quality can still be protected.
The third condition that to be met before a variance may be granted by the
Environmental Management Commission is:
(c) "the general purpose and intent of the Rule would be preserved, water
quality would be protected and substantial justice would be done if the
variance were granted."
(3) There are options that could be pursued by the owners that would give
them some additional land for development however they would not be
nearly as water quality responsible. According to the DWQ staff, the
existing pond on the property could be drained and the stream would re-
establish on a new location through the bed of the existing pond. The
owners could then provide for a 50 foot forested buffer along either side
and thev would not be required to do any further water quality treatment.
The owners have chcsen not to pursue this idea but rather have worked
with the DWQ staff to develop a plan that will include a stormwater
management facility. Further they propose to retain, undisturbed, the
intermittent stream and Zone 1 of the forested buffer that exist below the
existing pond and dam. The science on the removal efficiency of
stormwater management facilities is not well developed at this time, nor
is the removal efficiency of forested buffers in urban areas. However,
for years the Division of Water Quality and the ENIC has strongly
supported use of such facilities as very beneficial in improving water
quality where they can be constructed. In this situation, not only will a
stormwater facility be installed that will treat a majority of the runoff
from the project but also will treat upstream runoff.
(`1)
It is the owners position that by providing protection of Zone 1 for a
majority of the stream and installing a stormwater management facility with
appropriate landscaping, that water quality will be protected and substantial
justice will be achieved by granting of the requested variance. Further, this
project which the owners began work on in the early 1990's will be allowed
to proceed and a housing need in the Town of Cary will be partially
resolved.
Part 3:1 Water Quality Protection, continu6d
7. The applicable supplemental farm(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement None required per conversations with
Form SWU-103 Infiltration Basin Supplement Mr. John Dorney, since residential
Form SWU-105 Curb Outlet System Supplement development.
Form SVVU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-109 Innovative EMPs Supplement
Part 4: Submittal Checklist
A complete acpplicaton submittal consists of the following components. Incomplete submittals
will be returned to the applicant. The complete variance request submittal must be received 90
days prior to the EMC meeting at which you wish the request to be heard. Initial below to
indicate that the necessary information has been provided.
Applicant's Item
1
Initials
? Orieinal and two c--pies of the Variance Request Form and the attachments
listed below.
• A vicinity map of the project (see Part 1, Item 5)
Narrative demonstration of the need fcr a variance (see Part 2)
•
A detailed narrative desc.ipticn of stcrmwater treatment/management (see Fart
3, Item.1)
Calculations suppcrtng nitrogen loading estimates (see Part 3, Item 6)
Calculations and references supporting nitrogen removal from proposed EMPs
(see Part 3, Item 6)
• Location and details for ail propose' structural stormwater EMPs (see Part 3,

Item 6)
Tnree copies of the applicable Supplement Fcrrr(s) for each EMP and/or
narrative fcr each innovative EMP (see Part 3, Item 7)
i hree copies of plans and specifications, including:
0 Develcpment/Prciect name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 100' or 1" = 50' is preferred)
0 Revision number & date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
? 0 Original contours, proposed contours, spot e!evations, finished floor
elevations
0 Details of roads, paeking, cul-de-sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
- 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff
calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 4
Version 1: September 1998 -
Part 5: Deed Restrictions
Ey your signature in Part 7 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded sturmwater
easements, that the easements will run with the land, that the-easements cannot be changed or
deleted without concurrence from the State, and that the easements will he rcc:ordut ?rcr to `fie
sale of any lot
Part 6: Agent Authorization
if you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): ximley-xorn and Associates, Inc. (ATTN: Harlan
Mailing address: 3001 Weston Parkway
City, State, Zip: Cary, NC 27513
Telephone: [phone]
Fax: [phone]
Emaii: [e-mail]
Part 7: Applicant's Certification
(print or type name of person
listed in Part I, Item 2), certify that e -information included on this permit application form is
correct, that the prcject will be constmcted in confcrmance with the approved plans and that the
deed restrictions in accordance with Part 5z of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Britt)
Variance Request Form, page 5
Version 1: September 1998
Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project., attach an additional sheet with the information for each basin
provided in the same format as below.
Project Information Drainage Basin 1 Drainage Basin 2
Recaivir,g stream name bnnamed tributary of 4alnut Creek
recaiving stream class' C NSW
,-ainacebasin area (total`)
. 22.70 acres
P
,
ting impervicus area1(total) 1.70 acres
oosed imperAcus are77 a' (total`) 3.47 acres
Impervious area (cn-site) 43.48 7
impervious area (total`) 21.54 %
impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings ( 1.14 acres
Cn-site streets 0.62 acres
On-site parking ( 1.50 acres
Cn-site sidewalks 0.20 acres

Other cn-site (well house an 0.01 acres
-?--^--?-
Off-site ( 1.42 acres
-
?Ld aE
.?.an_1,......t.,te nr• nc/cfrrrfr/acc/a/nha/norr html
` The intemet site for this information is napilt": C???• uv.
z Total means on-sale plus off site area that drains through the project
3 Impervious area is defined as the buiit-,jpcn aria including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc. ` 4.89 acres total
5. How was the of--site impervious area listed above derived?
Used Planimeter on 1:24000 scale USGS ma
6. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural Ey1Ps (stormwater pond, wetland, infiltration basin, etc)?
Attach a detailed plan for all proposed structural stcrmwater SMPs.
Drainage Size of Post-development BAIP nitrogen Final nitrogen Final nitrogen
basin drainage nitrogen loading rate removal
s loading rate loading from
basin without BMPs` effrc°ency (Ibslaeyr) drainage basin
(ac) (lbslac/yr) (%?1 (lbsJ40
1 7.98 acres! 7.4 lbs/ac/vr 1 437 4.2 lb/ac/yd 33,5 )I/Lrl
2 1See attache

3 I 1 1

5

Attach calculations and references.
s Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998
Part 6 References and Calculations
Controlling Urban Runoff
Thomas R. Schueler„ July. 1987
2. Current Water Quality BiyIP Design Guidance
Dunn, Brown. Yount, Stein, Mistichelli
Project Drainage basin = 7.98 ac.
BMP: Detention Pond
Removal efficiency = 20- 40 %; use 40% (Dunn: based on larger than required
basin.)
30 ft. Forested Buffer
Removal efficiency = .85°'o Y .60 = 51 %
Average Removal Efficiency
40% x.75 (% drainage through pond) = 30%
85% x.25 x.6(% drainage through 30 buffer) = 13%
Average Removal Efficiency = 43 %
Post Development Nitrogen Rate = 7.4 lb/ac./yr
BMP Nitrogen Removal Efficiency = 43 %
Final Nitrogen Loading Rate = 4.2 lb/ac/vr
Final Nitrogen Loadina = 33.52 lb/yr
Note: With construction of the in-stream pond, off-site runoff will be treated with
a nitrogen removal rate of 40 %. Therefore, 40 °'o removal of nitrogen from the upstream
discharge (15 acres of drainage) will offset some of the nitrogen lost due to granting of
the variance for the subject project. Additional nitrogen will be removed by trees plant
around the storm water pond during the final landscaping of the project.
Title: Site Location Map - USGS Quadrangle Raleigh West, N.C.
Photoinspected 1987
Project: Thorne Place
912 East Chatham Street
C. ? Kimley-Horn Can', North Carolina
And Associates, Inc.
Engineering, Planning and Environmental Consultants
Date: Scale: Project No.: Figure:
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01/14/1999 10:48 919-460-4929 CARY TOWN MANAGER PAGE 01
Town of Cary
North Carolina
January 11, 1999
Dr. David Moreau, Chairman
Environmental Management Commission
512 N. Salisbury Street
Raleigh, N. C. 27803
Subject: Affordable Housing
Dear Dr. Moreau:
The Town of Cary has a significant interest In the location of additional affordable
housing units in the Town of Cary. Over the past several years the need for affordable
housing has been identified as a primary concern of the town through surveys,
discussions with the business community and by a growth management task force that
was appointed by the town council in January, 1998. The charge of the growth
management task force was to analyze major issues facing Cary for the future. In
addition to infrastructure improvements, affordable housing was identified as one of
those major issues.
With the average new home in Cary selling for $232,000 and existing houses selling at
an average $177,334 the existing housing stock is above the affordability of anyone
making 80% of the Wake County medium income for two person households. As a
result it Is Imperative that the town seek all opportunities to attract and locate affordable
housing with monthly rent between $875-985 per month. Another factor that makes it
even more imperative for the town to seek additional housing of this type Is that the
current vacancy rate of rental units in this category Is below 5%.
it is a stated goal of the Town Council of the Town of Cary that 20% of the housing units
approved for development in Cary be in the price range and rental range of affordability
established at 80% of medium family income. In order to assist us in meeting this goal
we would like to ask you to do whatever is possible within the e)asbng development
regulations to allow projects of this type to proceed. If you have questions please contact
me at your convenience.
Sincerely,
William B. Coleman, Jr.
Town Manager
RC/99005/geb
cc: Harlon Britt
Kimsey-Horne Engineers
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POND O
Q PRO 67.18
an
i I W y
I
• I
---?/ I I
I
NCE ors ?c
0' \
S83t E 1
A p EXISTING FENCE 606.84' 0
App(ing
c
or
Poed Am
Si,e Am (S.F.) ACM
:8.359 .651
%1ctWnd %r-
525 .012
4 536 .012
c Ail, .019
6 c-2 .013
7 c12 .01!
8 "s A12
9 1577 .036
DC3
'PC r
T,•
?» - -0,
,C-IOO.? vu•I
ix m DOT.
1 e. .,W.05
1` ? ? _ ? ? ` ` \. !VSIMQ 'r?lpl VK10 II-?? 1 1-4 . )
POPU I-E 3>a ?/
PpPOI POLL ?? -•_£1iST _ ?_' ? ??Olt l 1V Iu:t61K u I?j
a!
MDSEN /= •? a
971
1 ! _ =
x000Qr PPNKY fDn:C 7
to s
N/F to c aaorrn pdTt. W "KK _ I\
SHEILA H. OGLE Lc C.ViRCLL G. OGLE
ONFU B-2 04.-
x1v "at
c
I:OIAMLRCAI / ^
1. EXISII?JG USE
vE'. t tE- I I ?ExISL El OF PAvEMEMI-y UIL:aNG H
31ST.
rrtnrrcK• ? cp = ?
e:L:ae . I v?, 'w° ??I I I i Her } \
I A
?'1 7? ?a.e yo #'? _ N86'?1'16-'M _ 169.°3' I T.
1 l e_7 ??, rc er+n3?
I I II ` d5.n2'w_?a d
I n? +?r.IVro _
?cn ?I LIV W ?PCRmcn__ c3 :o PPw.. v.:..+wl / g
31ST.
?l ?I Ic1 I "UILCING F I I 31ST. Co
I I
J n
+ ?3
ug I '? I I I I I I ? 1 I `? ?"j"?'° 1' ?.,1 ct:.._89-=? `0?'x 96.6_ e.:,_._. I .: P»?P ss=?
?c v+ws- IC 1 Jy 6 I
I _.
I ?
I?
(1.117 5 r , - p
/)0 FT RIPARIAN BUFF]_R 6 = • .-
I? .?Q: L •I s -3rrP
SCJ?SFj' ? ? t_ -
--- ---__--E:uS?wC FENCE ?` 606.91'? ?
Ti
i ` i.P
<,,A:
N Nul IXIST. STORM INLET
OGGASAWN 100 13 ELEV~100.21 TOP~96.89 I
~ INV~98.37 QT
POWER POLE 1 ~ ~ ~ `OF AA1'k1f
` \ ~ -raf
EjfC
~ ~ rr ~ ?i
y ~ ~ NuL BENCH A4RK ~ \ ELEV-100.00 (ASSUTAED) ""iY
:~M Sr ..c
~ R ~ ~E . ~ \ . ~ EXIST. 12'
POWER POLE ~ ~ - ` ~ ` WATER ?AN i~
- - - - ~ ~ ~ ~ ~ EXI5T94G WATER VALVES (1-12' ~ 1-8~ ,PK' PoLE ~ - ' PowER P'OlE ~ ~P~
I I ` - _ I `a
EXIST. 12' ~ ~ ` N PEDESTAL NCGS AION. 'SHEEP' ~ ~j
WATER I _ - - - "7 \ . ^ X~~~ ` NCCS ElEV~611.73 '^`i
BASED ON PROJECT O+ITUU~106.73 ~ ~ . ~ \ ~
~ ` . ' EXIST. PRNACY FENCE / ~ ~ ~ ~ ` 1 \ ~ ~ ~ ~ END NEW CURB k GURER ) is
SHEILA H. -OG do CARROLL .G--0GL-E-1 / _ , ~ EIr ~ ~ ~ "t, s,
lANEO 6- I / aE RELOCA ~ ~ , I / 1~ P L ELEY~101,88 1 `r', q.g E ,
EXISTING E: COMyIERCIAL h / ~ _ _ _ ~ X23 \ N~ ~
/ ~ Ex1~r. ~ HYDRANT ~ / ~ td aE REpOVF.7l~ ~ / ~ ~ I ~ ~ _ ~ ~ ~ -ti EXIST. R/W 2~ .2 3
- _I_ _ ~ / - s;
POLE - 1 - o, - OF PAVEMEN / ~ / / I ` \
~ ~ - _
/ ~ / / I I
FENCE POST ~ I O _ _ - / I N I NEW R/Y1 - POWFR POLE
/ / c I 39' fA0A1 EXIST. C/L - ,s.;': I _ _ - PEDESTAL
cw _ - I ~ / / I _ - / I I -
I Iii SS• I ~•r I FENCE CDRNER :~:;z-
I ? - ~4 I ~9Q
I ~ 4~ - I I ~ ExaTINC / ~ / I ~ :E ?:-1r ;
- - I -
I _ - - il / I '4; t: I ~;`.e§'
I - ~ / I 1 1 I I _ I ~ '
f - - - I / I I I J _ - -I I e I
- I ~ .'•p4{ i
N/F s I I I I , - ~
ELIZABETH NADY NOWELL I 1 - - ~ _ I- - ~.t; ~`->r~
ZONED B- 1 I EXISTING SE: COMMERCIAL I 1 ~ - i i ~
I f ~ ~ i I i . I;,, = . _.I._. I - -
Ii I _-I p z'
~ I; , I ~r~ I O I,
1 1 O I' r" ~ I t cb _ _ + _ :`~;T l,"
I I L_ - . _ ~ I ^ iqi I 8 ~ ~
I ih~" I ~ ~ I - _ ~ ~ -I _ - 0 = ~ ..x 1__- - _ _ _
~ I~ I ~ _ ~ I; _ I _ I I 'r} _ `
E10ST. SAN. NH 2 _ _ _ I TOP~84.S4 / - I _ ~ - - - - - I _
i
I :~y~
ELIZABETH CANADY NOWELL ~ W r,~~"---~_-" - ~ _ - , _ ~ ~ I
ZONED R-30 ~ I w'' p~N?1) uN I~ EXISTING USE: RESIDENTIAL ~ _ , i
~ ~ y~J- I . f..~i I, ~ I ,4,:~,,
1 ~r,r . ~.,o
~i ~ ) / il/ I
_.Y - - - - _ . I Wetland Areas
Site Area (S.F.) I '`s
/ I I ~ ~ I ~ ~:3 ~ 3 525 ,
~ - I I . I I N/F A %r I NORTH CAROLINA STATE `
/ e~ I 4• PwE ~F". I ZONED 0&I 4 536
~ - --I +y~ 1 i ~ F , EXISTI I w EXISTING USE: VACANT
E10ST. SAN. w 1 i I .r . ~ / ~ / POND I 5 807 O
9N. r1-47.If! / - - . ~ I : PPRO .67.18 nv. ouF.47ss - - - _ _ ~ ~ I i 67.18 6 572
~ i _ i" . - - r-
_ i - ~ c+. I u I O 7 512
~ - I
/ - 538 ~"e 8 .
, ~ I I ~ I `;.'s
, ~ - ~ I g 1,577 ~;t
/ ~ ~ I I ~ I \ :
~ END OF EXISTING FENCE r~~ ~ ; - ~ i ,
I , e~j
ousr. sAH. u~ / , ~ I _ _
9N. M1~43:9J / ~ ~ . ~ I - I ~ >~il
NV, OUT ~ I - i i I~. 0 ~ ' xY
/ ~ / - _I / ~ i ~ / / FENCE CORN I ~
+t - i:1
/ ~ of I ~ A / - ~ o ~ I
~ / S83 481 ~ ~
~ 1E ~ / EXISTING FENCE - - '
/ i Rc _ . ~ / 606,8 ~ - ~ ~ ~b
/ , 4 / 0 µl 4
/ ~ I ~
FENCE POSE :fit
e~ / / ~ ~
/ / ~ ,rd
/ J q~ ~i
/ _ ~I
/ ~ N ~ / I THIS PROPERTY IS NOT IN A SPECIAL FLOOD ALt CONSTRUCTIOIN S A P R H LL BE ERFO MED.
/ ~ RTH CAROLINA STATE ~ / / ~ Ex1sr. zo' sA,,. SEWER EASEaE1Fr ZONED 0&I HAZARD AREA AS DETERMINED BY THE FEDERAL IN ACCORDANCE WITH CURRENT TOWN OF
~ / EXISTING USE: VACANT EMERGENCY MANAGEMENT AGENCY. CARY STANDARD SPECIFICATIONS AND DETAILS. ,
~ ~ i / `I~3
/ ~ i /
i / SEAL Date: 9/4/98
~g~ .SAN. uH THORNE PLACE
STOP•42.84 MN. INS . ~ WETLANDS & S01 TYP Scale. 1 = L ES 50 ~
INV. OUTS ;`i
} Drn. By: MTB
Of GLENN D. WARD & ASSOCIATES
Chkd. BY: MTB LAND SURVEYOR & CIVIL R
ENGINEERS 7AnA.._ ('I IAnrt I III ht~ nA~ f I`" AI art
i i - Irl , '

~N
~ pi
v,;' '4
,y
~...d
-~Y

• 'I
K N4L IXIST. STORM INLET
_ ELEV~ 100.21 TOP-98.89 OGCASMNN 100 13
RN~98.37
POWER POLE 1 ~
~~A ~ \ 4\~
\ \ \
~ ~ ~ \ \
" 90100.08 ~ NNl BFNCH MARK ~ A ~ \ ELEV~ 100.00 (ASSUMED) CHATHAM STREET TO BE IMPROVED
N qM TO HALF OF 53' BACK TO BACK IN HALF OF 78' R W PER STD. NO. 3.01,.
_ST \ \ TIE TO IXIST. R 100.13 ~~T BACK~100.05 I THE REQUEST FOR DEVELOPER AGREEMENT
POWER POLE CW 99.81 ~ WILL BE SUBMITTED PRIOR TO BIDDING THE
SIGN --+^~€'kly~ 100.55 \ \ PROJECT OR THE DEVELOPER FORFEITS THEIR m ~ REQUEST FOR A DEVELOPER AGREEMENT.
~ - POWER POLE _ ~P4 POLE \ \ ~E1yT
- E>n5f. 12' - - 100.43 ~ \ \ N PEDESTAL u N PEDESTAL ~ ~ NCGS AION. •SFIEEP•
WATER - - \ g NCGS ELEY~511,73
~ \ - \ ~ E1FY BASED ON PRQJECT DATU11~108.7J
E1(LST, WOODEN PRNACY FENCE _ ~ \ 100.99 \ \ ' \ \ ENO NEW CURB ~ CUTTER
~ N/F TO BE REMOJED ~..,~100.8
SHEILA Hr-OGLE & CARROLL.G, -0GLf 1e' PINE oAx E>uST. G,is vAlVE, E1P 1oo.9B 1°1.28 TO BE RELOGI _ F"'~~ ZBb~ 8-2 24' P9JE - M{1Y\ 101,39 L ~ \ EIEV~ 101.98 ~A 101,39 \ 101.92 ~T~
i ~ EXISTI G USE: COM RCIAL ~ ~ ~ . 'j0' 101.05 ME - N~ ~ D1.Da 1'23
- 12' PINE ~ 101.1) 101.13 101.83 ~ 21 EXI . R/w ,02.30 Zl
\ T ~------POSE----- - J / \ 3
POWER POLE - ~ EXIST:-EDGE OF PAVEMENT \ _ _ -
_ - , BUIL NG H - _ - - fFER 1 'PIN \ ` - - . _ . 21 PAYEUEM TAPFR
EVBiFi 0 E ~ - - EVHiN - - - -
C ~ ~ = 10' PINE ' - - _ _ FENCE POST _ - NEW` _ POWEN POLE
' i ~ pOp~ 39' FROM IX 39' FAOAI -
- _ O . ~ ~ F ~ _ - ~ '~"s _ PEDESTAL . F '~1E'" - ;
18' PINE E 8~fj I ~ NG FENCE CORNER ,q
~u,~-~- . - q - ~0 8. ~ ~
E ti~ ~ i r ~ l4 e
1 .4 F ~g iy CU
. 30' 'B' TYPE BUFFER ~ 10' 'B' TYPE BUFTT31 IXISR __-t
a ~ , - 8
\ 8 N
10' 'B' TYPE BUFFER 1 ; - \
r ` 8' HOLLY
1 ~ ~ . N/F BUI NG G -
r - - ELIZABETH CANADY NOWELL NG F
ZONED 8-2 ~ ~ '
EXISTING USE: COMMERCIAL -
' ' l ~ - 1 Q
B_ o ~ ~ ~ 1 R ? 20 'B' TYPE BUFT'ER j ~
~ ~ - IOp~~ ENE 20' " 3' TYPE BUFFER , j - - - _ ~ ~
~ ~ _ _ - ~ _ _
~ - I, I -
_
- ~ - e
\ (i~ - N/F i
ELIZABETH CANADY NOWELL w _ L-~ ~ - -
ZONED R-30 ~ _ , N \ ~
I TING USE: RESIDENTIAL ~ ~ _ ~ _ _ , r EX S - - _ _ - ~ - _ ~
5' 'B' TYPE BUFFER = - _ '
i -
~ ~ ~ G`~ ~ f Z ~ _ -
- - '1 C I ' I ~ % , ~ i iS' •B• TYPE BUFFER
z ~ ~ ! / ~ , ~ I O
~ ' ~ ~ ~ N/F _
i / ~ j~ ~ 13' 'B' TYPE BUFFER 4' PIPE NORTH CAROLINA STATE e• PINE ZONED Odcl
_ / ~ - - - XI TIN ;i E S G W EXISTING USE: VACANT
POND ~ - O _ ~
/ ~ ~i ELEV. APPROX. 67.18 3 10• PINE
i~ r
- Q - ~ / _ / ~ 18• PINE O
_ C~= o4y
- / - . - - Rc
i r 24' i N
i ~ \ / i / ~ k 25' •B• TYPE BUFFER i~
- VAPoABLE WIDTH
i RESOURCE CONSERVATION ZONE
- - . END OF EXISTING FENCE I ~ ~ i ' ~ • _ e, 8•
- ~2 45• TWIN POPLAR
- ~ - - ~iy ~ .
Rc E"m ~ ~ ~ ~ ~ GC UNE ~ _ -
YARLIBLE N1D ~O , TM ' i ~RCE CONSFRVA ~ 13' ~ ~ j - `
IONS ~ FENCE y I RC ' i ~ . NAPIE
oe" Q ~ 0
~ 24• PINE a• N AL
8 11 - . 9' GUM - ORIGINAL PROPOS
EXISTING FENCE ~ ' - ' 12' PINE 606. ~ ~B, 84 ~ ~~~,~B• P'o
i S" PINE 1~~NE 15'
9 POPLAR 25' 'B' TYPE BUFFER ~
Odd FENCE POST .

i~ ,
N/F THIS PROPERTY IS NOT IN A SPECIAL FLOOD ALL CONSTRUCTIOIN SHALL BE PERFORMED
NORTH CAROLINA STATE HAZARD AREA AS DETERMINED BY THE FEDERAL IN ACCORDANCE WITH CURRENT TOWN OF
ZONED Odcl EMERGENCY MANAGEMENT AGENCY. CARY STANDARD SPECIFICATIONS AND DETAILS. F
EXISTING USE: VACANT
~ITB SHEET
SEAL Date. TH~RNE PLACE

~ GRADING & STORM DRAINAGE Scale: 1 =50
_ _ CARY WAKE CO. N.C.
Urn. dy: M I B OF
GLENN D. WARD & ASSOCIATES
Chkd. BY: MTB LAND SURVEYOR & CIVIL ENGINEERS
74.01-K CF14oFf 1!11 1, nn notrlct ,

_
P ~R w'~ IENC _ ir1~( GIORD BF ING C DELTA ~ ir~ -~•Y. ~9tEC Cif IS , . -._,..r]_ .~I,__,~- 1
Si '19 D4 W 88 Ct N4,00 14,1e _ ,_,_J1.19 . 14.20 S08 OI ;l ~3'J3 2 1i
. .~Le~'E _ 3283 C2 ;t'?.~ 2I.:a . I-r--- ~a.;--fir-SD9--~*~+.4-,--3,~1 ' - sae? 55"1:- oD ~ i'~::.'..oc~ 29 _ !e.3~ 71033 :3 w _ _ 0926'48 1 ;c;;Dp~-i.~r,_ .~.9~; _.1,Q4; S.A~7,'J1,YL-
15 _.I u~,---- pI
_ I .
~ .n~_..~Q~ ~r sa0 ~~.,i to ro 00`- 154.38 e2.97 .It SbbiiSl-E, 7,0'3923
ui~,).0~~-8130'_ .-3x:13'-_ ~'3H'E_.._la --r---- ~ C1 9,Q0 139,99 71,J7 -TJ~.05 S61'4l 9 E i 272001
_(.p„Q~10,48`- 5.7~9r- ~ 10.41 538' 3B W 0,
Cl )ii.!7O '.7,90 _ ?.93~ 17.e• 588'1 1 W !'4417 . ' iiu' 75,E . _ 38,tSj~.,_j1.9~ "'id1~;~.'.~
10 0' ,59 _ 50.90 S ;8"'N !4""' ~9' 51~~YY'- ~O.UI' ~~5~-~0 `Y~
~ ib2L', 0 ~4,W ~~I .100' $~i'~~~7~W W'4~~
i_ 4~ f ~ ` 6~i~ . .dl,ll l LLLLJ.[n. ID .I.(~~~~3t~- ~~YJb1~~ 1i3Y'Y 3
' .
_ K N41• EXIST. SfORN INLET I
ELkY-100.21 TOP-90.e9 OCC+"'~~.WN IOOIJ
INV~99.31
C06iR Pol! ~ ~.`r~ ` I .55 \El~. i
\rrl~ \ENr I I i
4E'c ~ ~
'?i~p ~ ~
\ 3C BC-100.09 _ NJJL BENCH AIhRK 11 CHATHAM STREET TO 8E IMPROVED
\ N \ \ TO HALF OF 53' BACK TO BACK IN HALF OF 78' R/W PER ~ [D. N0. 3.01.
sr \ ' nE m E>asr. car ~ R~ .loo. Er THE REQUEST FOId DEVELOPER AGREEMENT
PowER F~,~ c"' ~ WATER una WILL BE SUBMITTED PRIOR TO BIDDING 1HE
s1cN --~1 ~ ~fISTTNC •rrnrER VALVES (I-12' & 1-9~ P01MER POLE ~Ay~~,',~~ r:~ POU ~ ,U PROJECT OR THE DEVELOPER FORFEITS THEIR REQUEST FOR A L`EVELOPER AGREEMENT.
'~rT ~-CN. r
~ 4. \ ':'F. 12" _1 ' N PEOESfA1 ~ 1 ` ;ESru ~ Nccs ua+. 'sNEEp'
+r'.iER 6p1H , i HC h .t \ tO. ~i NCGS ELEY-111.73
9 Br, ~ \ ~ f1.EY 8~15ED ON PROJECT DAI:141-108.13
N F EXIST. 'HOOOEN PRNACY FENLE ~ \ \ \ ' ~ ~ Et+D NEw cuss rk curtER
I i0 BE REMOVED \•r, SHEILA H. OGLE & CARROIL G. OGLE ExIST, oAS ~+atiE . T ~ -
i ZONF.U B-2 To BE RELUCAIFD ~ ~ 1"'~ k ~ ~ ~"r ~ ELEY-i01.AB ~ ~
EXISII G USE: COMMERCIAL ' ~ •23 ,
' ~ I51. F9iE tIYD'aWf ` N i ova) i PowEA i---•~. N ~r .27 , I-"'.~,. D0 P, 1 ~2~ r , C ,
~a I PDLE ~ _ Tr-IE OEVEI.01 ER WI~.4 BE RESPON,.IELE. FOR AL_
POWER I't.!I_ q)~ ~ ~ E , ,1 ExIST. EDGE OF r-AVEMENr ~ , 1., INSTALLATION COST ASSOCIATED WITH [REET LIGHTING ~ ALONG AI_L ('ROPOSEi. STREETS ADJAC^NT STREETS
~ BU ' sum Il NG H , 1.1 , , ~ , 1:1 PAlrEkFidE TAAER .~r~ n -t ' i , r..•,: ~ ~ C I ' C' -^!1~i!`~ r rr'. ,.O ..v.,:,, ,.._w REQ_It,ED V:- !
j EVEAH 3 5T. I - E _ ~c/ ! CAR OI_ICY TATEM -NT N0. 13. AL~~) THE YP S t, ,
C ~ 1 I h, r r. I F:NCE POS 1 RAMP Nay DEVELOPER SHALL CONTACT CAROLINA POWER AND NEW POWER POLE _ _
i j 39' FROiA E:~T~srr 39' FAOi~ E~~.. LIGi. C^I~Ir;'~,~uY Oki;E~ O~dELO(' A S~nE~. , -
,w-~ o ~ ~RO(Jp~, p ~F . PEOE~tK LIGHTING PL~~IJ FOR 11,E SITE DEVELO!-IYIENI PLAN ~F PRIOR TO C t)NSTRUCTION.
I:~, ? s J ,6 ep a nl. T ev~ S~ zoo, S A ~ " L N mac FENCE CORNEA
5~~ G dt~ 1 I Id d G q ¢ Mro 1
~ h~~~,, .~.W _ 169.05 ~
~ ';r ..j '
10' 'B" TYPE BtlFfER ..II 3U' 'B" 1'fPE Bt.FER EX N a WEr SE
m h 30 ep~a~ u
~ C8 30 epoan prod ~d s n
i" A' i ~ Al if i I hr- 10' MIN. BETWEEN BUILDING AND PARKI[JG TYP.
~ ~ ~ , 4~ h ti 'q~ - HC RMff+
iJ/F EI'Il. ~ 9' 9'
ILA 11~ CAr~IADY I•IUwLLL AUIL N NG G ~ EL. 8E 3s G F 3sT.
ZONf..D B ~ - T• ~ 3 ST. 3 ST. EXIS fING USE: COMML• RCIAL ' s Sr. ojo \
i i f HC AAIAP TYPICAL PARKING DIMENSIONS
32 ulnd 1
O• _ ~ $ 32 epaca prov ~I1 h ~ ~ O I
Q i f+l
3p I ~ w I ~ 9 ~ a k ~ ~ I ' ~ ' NC RNAP ari"c ~rvE ' 'E e~' - ! Cl.Z. S89'22'50'W 96.68"
I He rwaPS sS ss
f ~ ~ _ _ ~ ~ ~ w• ~ Jy i 3O" "CONC. ClIRB & GUTTER TYP.
a 7C 9 Ax % ..F
' ' ~ / i , ~ PA`J M T FOR V- N" A - E EN DR1 ES 2 1 2 0 8 .B,C. /
I -PAVEMENT FOR PARKING STALLS: 2" I-2 ON 6" A.B.C.
I E:LIZI''I3ETi l GANADY NUWELL ~ w ;,f3
j - N 3
f ~(IS11NG U`;L.: RL-SII_if.IJTl11.. ~ ~ ; ~ 1 _ i
~ "n' i~r~ AUFiI i~ r
, d' _
' ~ - ~ , 7
i 15' '9' TYPE BUFFEA
1, n A . ~ ~ / ~ A
~ s . - S N/F
' ~ ' ~ 'q' iii. yt1FFE!i . NORTH CAROLINA STATE
6 /r,UITS i 1 ~ , _ { i ZONED 0&I NOTE: This land Lan has been P amended at there nest of t.~, EXISTING USE: VACANT q the owners
by Kimley-Horn and Ass ' • p ,a; octates 12/98
~•3p F'F I 10' AUItDINC SETBACK FROM BUFFFA (IMP.) - WPA ~ ' v
RIANBUFF ~ ~ ~ j ~ ER 6 , ' ~ r- ~ 0
pa L~q
~ ~ `v. ~ ~ i - 1u ~ 1 . ~ Rc
• ! ~ ~ _ \ f
r ~ NOTES: I ~ 45' 'a' TYPE auFrp~ 1, ALL ON SITE DRIVES AND PARKING AREAS ARE. PRIVATE.
• ~ ~ q . j I ~ I 1 2. SEE PLAN/PROFILE FOR THORNE PLACE COURT FOR AUUINONAL DIMENSIONS.
i Y w'~` 3. Nv CHANGE TO ANY OF THIS SITE PLAN INC U IFIl; ' L D BUT NOT LIMnFO RESOURCE CONSl~VATION ,
EI~ID OF EXISTING FENCE-- , • , . . ~ S ZONE IV LANDSCAPING, +;r~nGING, BUILCOING ELcVATIONS ESPECInLLY COLORS ~
I ~ ~ ~z \ ~//r . I ~ U . • ~ ~ LIGHTING, OR UTILITIES WILL BE MADE WITHOUT THE APPR(?VAL OF THE OEVELOPMEP•l F '
a_~ i 5 l3 , I RC PfippERTY UN i . 1 RE•iIFW GRCI.;, C' - - :'n ,;E:~Y _C='.~(`J~[ ceRVICES. ' 4. THE SITE SHALL 6E STA6iLiZtD AND SEr.0E0 PRIOR TC IS`~IJANCE OF A CERTIF iCti[E
E yNtIABIE ti'nOTH . OF OCCUPANCY.
FESOURCE CON I i ~ . ~ 5. ALL HVAC SYSTEMS WILL BE SCREENED FROM OFF-SITE VIEWS. I
ZurrE SERVnnoN F .III , ~ i~ a - I RC C _ ~ i 6, ALL DUMPSTER AND CARDBOARD RECYCLING LOCATIONS WILL BE SCREENED FROIfI
OFF-SITE VIEWS.
r i 7, WHERE EXISTING VEGETATION FAILS TO FUNCTION ADEOI.IATELY AS THE REQUIRED ' BUFFER TYPE, THE CARY SITE INSPECTOR RESERVES THC RIGHT TO RE(~UIRI:
_ S83'46 • • • SUPPLEMENTAL PLANTINGS IN ADDITION TO TI-LOSE SHUwI~i OI~I THE PLAhITIUhJr PLAN
~ EXISTING FENCE ~ ' T.~,,,,~ , BASED ON ACTUAL FIELD CONDITIONS.
606.8 ' 4 8. ALL EXTERIOR SITE LIGHTING WILL BE QESiGNED TO Pf?EVI:11T OFF-SITE GLARC. lo' eu!LDR+c sE1BJICK rnou aurFEa (~,1 g. ,A MINIMUM OF 24 S UARE FEET OF INCLOSED. XT [iIOR T RA P WI
i 25' 'B" TYPE BUFT1iR RC Q E E S 0 GE S ACE LL 8E
Odd FFPICE PROVIDED FOR EACH UNIT. FEr+cE asst

•
IJ/F TI~IIS PROPERTY IS NOT IN A SPECIAL FLOOD ALL CONSTRLICTIOIN SHALL BE PERFORI,IF.U
NORTH CARGLINA STATE HAZARD AREA AS DETERMINED BY THE FEDERAL IN ACCORDANCE WITH CURREhIT T01'VPJ OF
ZONED 0&I EMERGENCY MANAGEMENT AGENCY. CARP STANDARD SPECIFIC~ITIOIJS At`!D DE1~IL.S.
EXISTING US : A T E V CAN i
_ i ;
REZONING CI REZONING CONDITIONS 97-REZ-33 1 I LR „7 T c sF!F.EI i S y awls yo ~ ~EAL / Date: rr,
~ All permltt9d uee All permlttad uses Identiflsd in this Dietrlct TH ~ IZ I V E P L1~1~1• E
shall be allowed Churohee, 5 shall be allowed exce t for the follorrin ; 1~6WSE IZEd ^ 9 ~wB2 UI trl S I Churches, 5choole, Carnets , ~oN Course, ,
Librory, Mve j 1ronoQartotl~ Libro Mveeum bas f SCQI@: 1 =50 LAYOUT ry, Pu 5a e~ Stations, i trans artotlon facill and utill
substation. substation. ty' ~
n.., u-ro CARY WAKE CO. N.C.
The residential d The residential deensity shall not exceed (16) WARD (-'k q r i -
sixteen dwelling i sixteen dwelling unite per acre. _ GLENN D. '~VARD U( AS~ .OcIATEJ . l
1 cnkcl. BY; M-rs NANO SURVEYOR o ~.f CIVIL ENcu,-iEE ;s
7401--K CHAPFT. I-III_I. PvP. R,AI 61cl-1 -1'.1 r';

C~4
Giq 34 1FIgM
Si: ~ ~
_ $
SITE ~ ~ ~ k~,
i
F- i
~r
ICINITY MAP V
(n.ts.J I
NNL EIIST. STORM INLET N.
GGGASMAIN 10013 '100.21 TOP¦98.89 INV¦98.37
POWER POLE i \151; GRAD HIC SCALE
\ \ AA ~ 0 28 ejo too ~
~ ENT ~1'FR \
\ N \ \ i
' \ \ 30' BC¦100.08 C \ \ ~ NAIL BENCH MARK 11 (IN FEET
,qT \ ~j ~ N^ `t~` \ X111/, \ ELEV•,00.00 (ASSUMED, . ST 1 inch ~ 50 tt.
R \ ~~ET \ 1 100.13
CW EIIST, 12"
POWER POLE ~ 99.81 ~ 100.53 \ WATER MNN SICN -"~ST \ WATER VALVES (2) i
POWER ` ~E POtE \ POLE i
~AYI' ~ ~ MAILBOX 1LBOX 12. 1YRN DOGWOOD
EXIST. 12' \ \ 12• TWIN DOGWOOD e WATER \143 TV PEDE. N PEDESTAL NCGS MON. 'SHEEP'
\ \ 18' PINE\ \ MAILBOX NCCS ELEV•811.73 I \ ELEV BASED ON PROJECT DATUM•108.73
•24• PINE \
EIIST. PRNACY FEN E \ 100, 24' PINE ~ N F C 7" PEAR oo. ~ ~ ~ \ MALBOX END NEW CURB de CUTTER '
SHEILA & CARROLL G 1e' PINE °i~ _ E1P 10o a t01•~ 12' 101.28 TWIN DOGW~ \ P L I
B-2 24' PN \ \ \ 101.39 \ 101.92 ELEV¦101.98 ~ g E
EXIS G USE: COM CIAL E IXTO aE~ 1G1.'a ~i 12' RNE 28' ~ iD,.DB 3 ~ ,,`~12 , 01.13 101.83 1v
/ T BE REM POY~ p EXIS1, R 102.J0 .2~ 321
24' PINE POWER POLE 24' PINE \
XIST~€OG"E 6FTAVEMEN \ ~ 24' ~ 101Y90 i i
10" PINE N F / /
"~"D H. OGL ° IC 10' PINE / - \ j .
FENCE POST ~ ZO ~ 2 ~ N e' POPWt - < EXISTIN • ~RESID. e' ~borwooo 4' D0G"'00D 3 NEW R/W 72' TRIPLE OAN POWER POLE $j3' ~ 39' FROM EXIST. C/L
18• PINE W 12• ~ ~ PP ~ _ ? MEMORANDUM 24~ 0_ PEDESTAL r
i 00 r ! ~ June 19. 1998
24' E ~ .1 ~ FENCE CORNER r r N~F oRr
e_ ^ ~ lJr, b ~ ~ , l N/f z ~ ~ ~ , 8' DAtc ' J Cr(~' . WIN ~ Re: Thorne Place ( A Proposed 100 Unit Residential
~ , • ~ ~ ~ EXISTING CONCRETE DRIVE ZOP =DRIVE ZONED B-2 Condnminium Development ( PROJF,CT 1
E1as11NC ~ ~ AND HOUSES TO BE REMOTE EXI, RE EXISTING USE: 912 F.. Chatham Street MODE ~ES1D
WELL HOUSE l` ~ ~ ) ~ I p ~ \ ~ ti/~ I A Car,v. NC 2751.3 '
~ - \ I
N/F ~ .'I The Site of the abovereferenced Project has been determined
SHEILA I~GLE & CARROLL G. OGLE ~ / _ N. e•HOLLY to a located 1n the Neuse River Basin, and therefore is
40. 1WIN POPLAR ~ ~ C A ~ ~ p~ ~ PORED RMF-12 N/F ' ~ I subject to the regulations, recently enacted by the State
EXISTING USE: ERCIAL IN B-2 ZON / ~ PP ~ , ~ ~ J ' ~ ELIZABETH CANADY HOWELL _ of North. Carolina, pertaining to land disturbing activities
_ VACANT IN R -1-611 ZONE ' ~ ~ 7 ~ ZONED B 2 f'' ' i ~ ~ . / 2o'MAC;r1DLN where an active watercourse is present. '
EXISTING USE I ~ N/ ~ ~C ~ ~ / i k The classification of the "watercourse" developed by the
24• PoPUR / ONN T. GOD ~ & C:~ ' 18•APPLE overflow pipe from the pond located nn the Site which
/ ~ ONED ~ r , ( i drains approximately twenty (20) acres has yet to be ~
EX ING U ~ RESID' V; • s_~ o ~ _ documented. Moreover, there is pending legislation that
~ 72• F ION 18' OAK .SAN. SEWER 72•F1c could revise the regulations prior to the end of July of I
r?yC ENE ~ r_ ~ 8 thls year, and therefore affect the Project. 1
30' SWEETGUM - 1. . Every effort has been made to comply with all current and
10' iWIN HICKORY ` .SEWER CLEANOl1T IXIST. SAN, M ~ - o•~~ applicable regulations in effect at this time. Until a '
TOP 84.54 INV. IN¦55.37 ~ gyp/ definitive action is taken on the classification the
INV. OUf¦55.29 N/F 1D• aAx N ~F nn-site "watercourse and the endin le islatiorr=l
ELIZABETH CANADY HOWELL 4e• TR1PlE oAK W 2a• s~EETa1M NORTH CAROLINA STATE P g g ~ ! ' resolved, revi ~ ~ sions, 1f an,y, cannot be completed, ,
ON D R-30 ~E ' • sEwE" EXACT ZONED 0&I EXISTING USE: AG. RESEARCH ~
EXISTING USE - ~ ~ ~ ~ i ~
4' Nlp(ORY / \ 7 ~ ti ~ i
20' P~ i
Z / /
15' OAK ',5
8' SWEETGUM _ r
/ i I
18' TWN HICKORY / ~4' PIPE B• ~ ~
EXST. SAN. MH W '
EXISTING TOP¦:55.18 IMr. IN.47,5e ' \ POND s O
NV. OUT¦47.55 ~ ~ ~ T'"""~ ~ ~EL .APPROX. 67.18 - ~ ~ . 67.18 ` ~ to.
11• MAPLE \ i
U'? 1°• PIE ~ ~
11' GUM / ~ s' / / ~ ~ O ~H
~ ~ ~ ~~o- j
a / 24' MAP 1• ~ ~.l`~~ "~0 r `g
~v
11' / ~ ~
/ / ~ vARUBLE mD1H ALL CONSTRUCTION SHALL . BE PERFORMED ~souRCE coNSERw IN ACCORDANCE WITH
END OF EXISTING FENCE ~ I CURRENT TOWN F ~ ~ e 0 CARY STANDARD SPECIFICATIONS AND DETAILS.
EIIST. SAN. MH / 45. 1wI1 POPLAR
J ~ TOP¦47.97 ^ ~ 24' ICIODRY ~
~ U INV. IN¦43.93 NE INV. OUT¦ (O 7• PINE
V~UBLE WIO1H ~1`' 'J RESOURCE CONSERVA 27' 13, 8' KORY- THIS PROPERTY IS NOT IN A SP HAZARD AREA AS pET ECIAL FL000 e' Koar ERMINED BY THE FEDERA
ZONE ~ FENCE CORN 2 RC / 27. OAK POP EMERGENCY MANAGEMENT AGENCY. ~ 'MAPLE
i / O
f 14' P E 12• 2 ~ S8J 4,8' 18' N GUM 8 24' PINE 24• PINE /
~ 11 a. '~M 12' OAK 8' HOl(ORY 8• M
EXISTING FENCE --z;' .r ~i i. 8• PO LM
12' PINE 606.84 8' / iy. P~ 1~PINE Q
9 POPLAR 1- RC
FENCE POST
~ ~ e/

i
NF / i
NORTH CAROLINA STATE aAa:; I
~ ZONED 0&I
EXISTING USE: AG. RESEARCH I

SEAL SHEET' Date: 6/ 19/98 ~
. THORNE PLACE
IST. SAN. MH , , _ TOP¦42.84 ~ I N N
INV. IN¦ INV. OUT¦ Scale. EX STI G CO DITIONS ~ 1 50
CARY WAKE CO. N.C.
ern. Rv~ I~TR
~ GLENN D. WARD & ASSOCIATES OF
~ - Chkd. BY: GDW LAND SURVEYOR & CIVIL ENGINEERS
..r.•
~~-A . i