19970326 Ver 4_More Info Received_20190228

4700 Falls of Neuse Road, Suite 300
Raleigh, NC 27609
& [phone] Fax [phone]
February 28, 2019
Ms. Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 276,04
INE
Attached is an updated page one of the application for a Minor Variance for the development
of Lot 6 in the Preston Walk development in Cary. The owner is Flora Development, LLC and
applicant is Preston Development Compa!ny. A formal agreement authorizing Preston
Development to apply on Flora Development's behalf is also included.
The project team thanks you greatly for your patience in this, process. We know you have ha*
the Minor Variance ready for some time now, but were waiting on us, and for that we truly
apologize for this inconvenience.
Please let me know if you need any additional information to process this request. I can be
reached via email at [e-mail] or by cell phone at 919-522-6364. Thank you
�n advance for your review of this project
Sincerely,
Jyon Dorney, Seni c E ironmental Scientist
FFAT;T & NICHOL
Cc: Bill Brian, Morning Star Law Group
Karl Blackley, President, Preston Dev. Co, Agent for Flora Development LLC

Division of Water Resources
DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 02B .0233 (8)(b),.0243 (8)(b),.0250 (11)(b), „0259 (8)(b),.0267 (11)(c),.0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2013
PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES:
X Neuse River Basin (15A NCAC: 028.0233)
:1 Major Variance x Miner Variance
• Catawba River Basin (15A NCAC 028.0243)
0 Randleman Lake Water Supply Watershed (15A NCAC 028.0250)
Major Variance u Minor Variance
4 Tar -Pamlico River Basin (15A NCAC 028.0259)
0 Major Variance ❑ Minor Variance
J Jordan. Lake Water Supply Nutrient Strategy (15A NCAC 028.0267)
C Major Variance n Minor Variance
LJ Goose Creek Watershed (15A NCAC 02B.0606& 15A NCAC 028.0607)
A. General Information
I. Applicant's Information (if other than the current property owner):
Name: Karl Blackley
Title: President, Freston Dev. Co, Agent for Flora Development LLC
Street Address: 100 Weston Estates Way
City, State & Zip: Cary, NC 27513
Telephone: [phone]
Email: karlrtt Dre=stondev.corn
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Name:
Title:
Street Address:
City, State & Zip
Telephone:
Email:
FORM: VAR 10-2013
Tim Smith
Member/Manager/Owner of Flora Development LLC
100 Weston Estates Way
Cary, NC 27513
919-481-3 000

AGENCY AGREEMENT
THIS AGENCY AGREEMENT ("Agreement") by and between FLORA.
DEVELOPMENT LLC, a North Carolina Limited Liability Company ("Flora") and PRESTON
DEVELOPMENT COMPANY, a North Carolina Corporation ("Preston") is made this day
of February, 2019 and provides as follows:
RECITALS
A. Flora is the owner of a parcel of land located in Cary, Wake County, North Carolina,
known as Lot 6, Preston Walk, as shown on the plat recorded in Book of Maps 2005, Page 1550,
Wake County Registry (the "Property").
B. Flora desires for Preston to act as its representative in all matters relating to the
application for a Minor Variance from the Neuse River Basin Riparian Area Protection Rules dated
January 3, 2019, which was submitted to the North Carolina Department of Environmental Quality
("DEQ") on January 3 2019 (the "Application"),
C. Preston is willing to act as Flora's agent with regard to matters concerning the
Property and the Application.
NOW, THEREFORE, for and in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by both Flora and
Preston, the parties hereby agree as follows:
The Recitals above are hereby incorporated and made substantive terms of this
Agreement.
2. Flora hereby appoints Preston to be its agent for all purposes relating to the
submission of the Application to DEQ, and any additional purposes that may be related to the
granting of the requested Minor Variance for the Property by DEQ.
3. Preston hereby accepts the responsibility for acting as Flora's agent for all purposes
relating to the submission of the Application to DEQ, and any additional purposes that may be
related to the granting of the requested Minor Variance for the Property by DEQ.
4. This Agreement shall be governed by North Carolina law.
5. The duration of this Agreement shall be for the period of time necessary for Preston
to take action on Flora's behalf for all purposes relating to the submission of the Application to
DEQ, and any additional purposes that may be related to the granting of the requested Minor
Variance for the Property.
SIGNATURES TO FOLLOW

PRESTON DEVELOPMENT COMPANY,
a North Carolina corporation
� 1
(SEAL)
By: Karl Blackley
Title: President
STATE OF
COUNTY OF
1, t, l ca Notary Public of the County and State
aforesaid, certify that Karl Blackley, whose identity has been proven by satisfactory evidence, said
evidence being:
1 have personal knowledge of the identity of the principal(s)
0 1 have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the farm of a
El A credible witness has sworn to the identity of the principal(s).
who is the President of Preston Development Company, personally appeared before me this day
and acknowledged that he is President of Preston Development Company and that as President being duly
authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the
purposes stated therein.
WITNESS my hand and notarial seal this the L day oftt-? ,. 2019. mial
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IN WITNESS WHEREOF, this Agreement is executed as of the date and year first above
indicated.
FLORA DEVELOPMENT LLC,
a North Carolina limited liability company
(SEAL)
y: Timothy rrith
Tithe: Mem er / Manager
STATE OF
COUNTY OF
I, L( �p 1 _, a Notary PUbiic of the County and State
aforesaid, certify that Timothy Smith, whose identity has been proven by satisfactory evidence, said
evidence being:
I have personal knowledge of the identity of the principal(s)
El I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
11 A credible witness has sworn to the identity of the principal(s).
who is the manager of Flora. Development LLC, personally appeared before me this day and
acknowledged that he is manager of Flora Development LLC and that as manager being duly authorized
to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated
therein.
WITNESS any hand and notarial seal this the day of €�I -� - , 2019.
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