19970326 Ver 4_Other_20221026

ROY COOPER
Governor
ELIZABETH S. BISEft
Secretary
MARC RECKTENWALD
Director
Hunter Diefes
Atlas Stark Holdings
PO Box 6309
Raleigh, NC 27628
Project: Preston Walk Lot 6
County: Wake
401 permit#: 1997-0326
DMS ID#: MR-08277
Amount Paid: $2,834.75
Paypoint Transaction Number: 658651937
NORTH CAROLINA
Environmental Quality
RECEIPT
October 21, 2022
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the riparian buffer authorization issued for the above -referenced
project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS
associated with the authorized activity as specified below have been satisfied. You must also comply with all
other conditions of this certification and any other state, federal or local government permits or authorization
associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location
Mitigation Type
Credits
Neuse 03020201
Riparian Buffer
2,465
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division's refund policy. If you have any questions or need additional
information, please contact [e-mail].
cc: Sheri Montalvo, NCDWR
Hunter Diefes, agent
Sincerely,
AewyktlittAxa
Kelly Williams
ILF Program Coordinator
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8975

PLANNING AND
DEVELOPMENT SERVICES
DEPARTMENT
July 16, 2019
Mr. Karl D. Blackley, Agent
Flora Development, LLC
105 Weston Estates Way
Cary, North Carolina 27513
Re: Lot 6 Preston Walk
Dear Mr. Blackley,
As you are aware, a Town of Cary fifty -foot (50') wide urban transition buffer (UTB)
exists on the above -referenced Lot 6 Preston Walk (Lot 6') beginning at the landward
boundary of the State of North Carolina Neuse River Riparian Buffer. Section 7.2.14 of the
Town of Cary Land Development Ordinance ('LDO') establishes and regulates UTBs,
requiring that they be shown on development plans and limiting impacts and
encroachments on the UTBs except as permitted by LDO. The LDO permits modification to
the UTBs sufficient to permit utilization of a State variance.
Preston Development Co (under authority of an Agency Agreement with Flora
Development, LLC the Lot 6 owner) on February 28, 2019 obtained from the State of North
Carolina (State') a `Minor Variance Per the Neuse River Basin Riparian Buffer Protection
Rule' (with conditions) (Variance') for Lot 6. A copy of Variance is attached as Attachment
1. We understand there has been no contest to the issuance of Variance. Upon satisfaction
of conditions outlined in the Variance, it approves specific impacts to the State Buffer.
You have asked that the Town provide you with written assurance that the Town
will honor the Variance.
This letter is in response to that request and sets forth the manner in which
recognition of the Variance will occur.
Upon submission of a development plan for Lot 6 meeting the submission
requirements of the LDO (Plan') together with a copy of the Variance certified to be valid
the Town will undertake review of Plan and shall permit modification to the UTB sufficient
to permit utilization of the Variance, all in accord with LDO Sec. 7.2.14 (J) (3). Such
modification of the UTB shall be conditioned upon the Variance remaining a valid State
1

variance and the applicant having satisfied all of the conditions and requirements set forth
in Variance.
For the modification of the UTB to be and remain effective, Lot 6 must be developed
in accord with such approved Plan.
I hope this provides the guidance you sought. This decision may be appealed to the
Board of Adjustment as set forth in Section 3.21 of the LDO. With kind regards, I am,
Very truly yours,
Scot Berry,
Director, Planning, Inspections & Development Services
Attachment: Copy of `Minor Variance Per the Neuse River Basin Riparian Buffer Protection
Rule'
cc: Russ Overton, Deputy Manager
Billy Lee, Stormwater Operations Manager
Matt Flynn, Stormwater Development Manager
2

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
Preston Development Company
ATTN: Karl Blackley
100 Weston Estates Way
Cary, NC 27513
NORTH CAROLINA
Envrronmental Quality
February 28, 2019
DWR # 19970326 v4
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES [15A NCAC 02B .0233]
Preston Walk Lot 6
Dear Mr. Blackley:
You have our approval for the impacts listed below for the purpose described in your
application dated January 2, 2019, received by the Division of Water Resources (Division)
January 2, 2019, with subsequent information received on February 28, 2019. This letter shall
serve as your Minor Variance approval with conditions as authorized in 15A NCAC 02B .0233
(9)(b). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Neuse Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0233(8)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 2
Building and sidewalk 1,643 (square feet)
Construction zone, 0 (square feet)
temporary tree clearing*
0 (square feet)
1,740 (square feet)
* Vegetation within the temporary impacts must be restored within 6 months.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street ! 1617 Mail Service Center i Raleigh. North Carolina 27699.1617
919 7079000

Preston Walk Lot 6
DWR# 19970326 v4
Minor Variance Buffer Approval
Page 2 of 4
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233 shall
occur within the Neuse riparian buffer unless approved by the Division. [15A NCAC 02B
.0233(4)]
3. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the approved Bank Sponsor(s) EBX Neuse I,
LLC and Environmental Banc & Exchange, LLC [hereby known as Bank Sponsor(s)] for use of
the following mitigation banks: EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation
Bank, RES Neuse Buffer and Nutrient Offset umbrella 'Mitigation Bank and EBX upper Neuse
Riparian Buffer Umbrella Mitigation Bank. Until the Bank Sponsor(s) receives and clears
your payment, and proof of payment has been provided to this Office, no impacts specified
in this Authorization shall occur. For accounting purposes, this Authorization authorizes
payment to the Bank Sponsor(s) to meet the following compensatory mitigation
requirement [15A NCAC 02B .0233 (9)(b)]:
Compensatory Mitigation Required River and Sub -basin Number
Buffers
2,465 (square feet)
Neuse 03020201
4. Diffuse Flow Plan
Stormwater shall be directed to the existing bioretention basin on nearby Lot 7.
Modification of this Diffuse Flow Plan may require written approval by the Division. [15A
NCAC 02B .0233 (9)(b)]
5. Protective Fencing
The outside Neuse riparian buffer boundary and along the construction corridor within
these boundaries approved shall be clearly marked with orange warning fencing (or similar
high visibility material) for the areas that have been approved to infringe within the Neuse
riparian buffer prior to any land disturbing activities. [15A NCAC 02B .0233 (9)(b)]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or Neuse riparian
buffer areas beyond the footprint of the impacts depicted in the application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02B .0233]
7. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Minor Variance,
If you change your project, you must notify the Division and you may be required to submit
a new application package. If the property is sold, the new owner must be given a copy of

Preston Walk Lot 6
DWR# 19970326 v4
Minor Variance Buffer Approval
Page 3 of 4
this approval letter and is responsible for complying with all conditions. [15A NCAC 02B
.0233 (9)(b)]
8. This approval grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. This approval and its conditions are final and binding unless
contested. [15A NCAC 02B .0233 (9)(b)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Minor Variance can be contested as provided in General Statute 150E by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH) within sixty (60).
A petition form may be obtained from the OAH at http://www.ncoah.coml or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Preston Walk Lot 6
DWR# 19970326 v4
Minor Variance Buffer Approval
Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rule as
described in 15A NCAC 02B .0233. Please contact me at karen.hig insPncdenr.Rov if you have
any questions or concerns.
Sincerely,
61110N
A ---
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
cc: John Dorney, Rebeckah Hollowell, and Adam Efird, Moffatt & Nichol (via email)
Karl Blackley, Preston Dev. Co. (via email)
L. Smith, Withers Ravenel (via email)
Bill Brian, Morning Star Law Group (via email)
DWR 401 & Buffer Permitting Branch file (Laserfiche)
Filename: 19970326v4Preston WalkLot6(Wake)_MIV_NRB