19970326 Ver 4_Minor Variance App_20190103

1/„
a
January 3, 2019
4700 Falls of Neuse Road. Suite 340
Raleigh, NC 27609
{919} 781-4626 Fax (999} 781-4869
Ms. Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Dear Ms. Higgins:
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.JAN 0 3 1019
Q A UR S
4019SUFFERPEP
Attached is an application for a Minor Variance for development in Lot 6 in the Preston Walk
development in Cary. As you know, this project has had extensive discussions with the NCDEQ
attorney and DWR staff as to whether the project has vested rights. In order to expedite the
permitting of the project, the applicant has agreed to submit this attached Minor Variance
application for review and approval of DWR staff. As described in the application, stormwater
treatment will be provided by an already constructed bioretention area that was previously
approved by Ms. Annette Lucas. In addition, we have contacted RES for available buffer
mitigation credits and their letter is attached to our application.
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
in advance for your review of this project
Sincerely,
M FFATT & NICHOL
3
1 hn Dorney, Se io Environmental Scientist
Bill Brian, Morning Star Law Group
Karl Blackley, President, Preston Dev. Co, Agent for Flora Development LLC

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCiATIQNAVb
LOT NO. _ �}. (�d?— PARCEL ID:�
ower
STREET ADDRESS: - I CGrM AJC /Zr75 u
Please print:
Property Owner:
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
.-o �v� a r+� , of is
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
utho %4,'-SlgnatuPrCr�r�S�*��"`�. Com. Authorized Signature
Date: Z . 114r' -- . ,.. Date:
N LK -L

Division of Water Resources
DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 0213 .0233 (9)(b),.0243 (8)(b),.0250 (11)(b), .0259 (S)(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 02B.0233)
❑ Major Variance x Minor Variance
❑ Catawba River Basin (15A NCAC 02B.0243)
❑ Randleman Lake Water Supply Watershed (15A NCAC 02B.0250)
❑ Major Variance n Minor Variance
❑ Tar -Pamlico River Basin (15A NCAC 0213.0259)
❑ Major Variance ❑ Minor Variance
❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 028.0267)
❑ Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 028.0607)
A. General Information
1. Applicant's Information (if other than the current property owner):
Name: Karl Blackley
Title: President, Preston Dev. Co, Age for Flora Development LLC
Street Address. 100 Weston Estates Way
City, State & Zip: Cary, NC 27513
Telephone: [phone]
Email: kart a restondev.com
2. Property Owner/Signing Official (person legally responsible for the property and its compliance):
Mame:
Title:
Street Address:
City, State & Zip:
Telephone:
Email:
FORM: VAR 10-2013

3. Agent Information:
3a. Name:
Company Affiliation:
Street Address:
City, State & Zip:
Telephone:
John Dorney
Moffatt & Nichol
4700 Falls of Neuse, Suite 300
Raleigh, NC 27609
919-781-4626 (0), 919-522-6364 (M)
E-mail: [e-mail]
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name (Subdivision, facility, or establishment name):
Preston Walk, Lot 6
5. Project Location:
5a. Street Address: 1001 Darrington Drive
City, State & Zip: Cary, NC 27513
5b. County: Wake
5c. Site Coordinates (in decimal degrees): 35.799583 Latitude, -78.813759 Longitude
5d. Attach an 8 '/z x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
5e. Attach an 8 %2 x 1 1 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
6. Property Information:
6a. Property identification number (parcel ID): 07541 1552939
6b. Date property was purchased: March 20, 1995 by SAS, then June 16, 1995 by SAS Arbor Investments, then December
30,1997 by Flora Development
6c. Deed book 007828 and page number 00387
6d. Map book and page number
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (LAMA)?
❑ YES x NO
7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)?
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC?
FORME: VAR 10-2013 Page 2 of 15

8. Directions to site from nearest major intersection:
From NC 54 (Chapel Hill Road), go south along NW Cary Parkway appx 2900 feet to James Jackson Road. Go east (left) onto
James Jackson Avenue appx 1500 feet to the intersection of Darrington Drive and James Jackson Avenue.
9. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
Water Quality Classification
Unnamed Tributary to Coles Branch
C, NSW
9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Received:
June 18, 1997
(revised plan) July 17, 1997
970326)
June 18, 1997
(revised plan) July 11, 1997
July 11, 1997
July 1, 1999
B. Proposed Activity
Permit Type:
401 Water Quality Certification, NC Division of Water Quality (DWQ 4
Nationwide Permits 14 and 26, US Army Corps of Engineers
(199700681 & 199700853)
Approval of mass grading of site - Town of Cary
Approval of roads and infrastructure — Town of Cary
1. Project Description
I a. Provide a detailed description of the proposed activity including its purpose:
Proposed activity is to construct an office building in an existing office park in Cary, N.0
Ib. Attach a site plan showing the following items as applicable to the project:
0 Development/Project name
0 Revision number & date
0 North arrow
0 Scale (1" = 50' is preferred)
0 Property/project boundary with dimensions
0 Adjacent streets and roads labeled with names and/or NC State Road numbers
0 Original contours and proposed contours
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plans that none exist
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ft' on the plan)
0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems
0 Footprint of any proposed buildings or other structures
0 Discharge points of gutters on existing structures and proposed buildings
0 Existing drainage (including off-site), drainage easements, and pipe dimensions
0 Drainage areas delineated
FORM: VAR 10-2013 Page 3 of 15

C. Proposed Impacts and Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Required
Zone
Number' —
Reason for Impact
Buffer
Zone 1 Impact
Zone 2 Impact
Permanent (P) or
s ware feet
Mitigation
(square feet)
(square feet)
Temporary T
Required
2 for Catawba only)
BI - ®p ❑ T
Building and sidewalk
0 Yes
2465 ft.2
Total Buffer Mitigation Required.
2465 ft.2
footprint
❑ No
1643 ft.2
B2 -[]P ®T
Construction zone, temporary
o Yes
tree clearing
® No
1740 ft.2
Total Buffer Impacts-,
3383 ft.2
Label on site plan
*See map below for reference and Statement of Availability (SOA) document below for buffer mitigation credits.
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate the
amount of mitigation required.
For projects to the Goose Creek Watershed, list all riparian buffer impacts as Zone I
and use Zone I multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Mitigation credit will be purchased from a private mitigation bank with available buffer mitigation credit (see attached acceptance
letter)
3a. Is buffer restoration or enhancement proposed? ❑ Yes x No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
3b. Is payment into a buffer restoration fund proposed? x Yes o No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement Program
stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10-2013 Page 4 of 15
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet
s ware feet
Zone 1'
3
2 for Catawba only)
Zone 2
1643 ft.2
1.5
2465 ft.2
Total Buffer Mitigation Required.
2465 ft.2
For projects to the Goose Creek Watershed, list all riparian buffer impacts as Zone I
and use Zone I multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin/watershed.
Mitigation credit will be purchased from a private mitigation bank with available buffer mitigation credit (see attached acceptance
letter)
3a. Is buffer restoration or enhancement proposed? ❑ Yes x No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
3b. Is payment into a buffer restoration fund proposed? x Yes o No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement Program
stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10-2013 Page 4 of 15

D. Stormwater
I . Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation or
enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
Stormwater will be directed to an existing bioretention basin on nearby Lot 7 (see attached photograph) which has been designed
and constructed to handle stormwater from lots 6, 7, and 8 and approved by Ms. Annette Lucas of the NC Division of Energy,
Mineral, and Land Resources sent on April 30, 20915 to Hunter Freeman. The relevant portion of the email is copied below -
From: "Lucas, Annette" <annette.lucas0ancdenr. og_v>
Date: April 30, 2015 at 4:26-11 PM EDT
To: "Freeman, Hunter" <HFreeman[ withersravenel.com>, "Devane, Boyd" <byd.devane(a;ncdenr.g_ov>
Subject: RE: Old BMPs
Hunter -
You don't have to change the design unless you are changing the approved design of the BMP or increasing the size or imperviousness
of the drainage area beyond what the approved design called for.
Let me know if you have questions.
Thanks,
Annette
Annette M. Lucas, PE
Environmental Engineer
NCDENR I DEMLR I Stormwater Program
1612 Mail Service Center, Raleigh, NC 27699-1612 (Mail)
512 N. Salisbury St, Raleigh, NC 27604 J 9th Floor (Location & Parcels)
Phone: [phone] Fax: [phone] Email: annette.lucas&ncdenr. ov
Website: http://portal.nedenr.org/web/Ir/stormwater
P Before printing this email, please consider your budget and the environment.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Freeman, Hunter [HFreeman awithersravenel.com]
Sent: Thursday, April 30, 2015 4:05 PM
To: Lucas, Annette; Devane, Boyd
Subject: Old BMPs
Boyd & Annette - i have a site that's draining to an existing BMP. The BMP was sized for the proposed BUA on the new development
site. Other than protecting the BMP from sedimentation, I don't need to alter the BMP or bring it into compliance with the current
SMP manual do I?
Hunter
la. Show the location of diffuse flow measure(s) on your site plan.
lb. Attach a completed Level! Spreader Supplement Form or SMP Supplement Form with all required items for each
proposed measure.
I c. Attach an Operation and :Maintenance (O&M) Form for each proposed level spreader or BMP.
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
FORM: VAR 10-2013 Page 5 of 15

2a. Show the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMP proposed. See the above email chain from Annette Lucas, DEMLR.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a
variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter ofriparian
buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall not
be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible
deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible.
The proposed building has been designed as a one-story office building to be compatible with the character of other existing
nearby buildings in the office park. The site has an existing parking lot with present infrastructure including underground
stormwater drainage to an existing, nearby bioretention area. These conditions support the need to impact a small part of Zone 2
of the riparian buffer and demonstrate the applicant's ongoing effort to minimize impacts to the buffer.
Sidewalks in the rear of the building are associated with exit doors or the sidewalk from the side parking lot for safety reasons.
Exit doors from the rear of the building will be located so any associated sidewalk does not impact Zone 1 of the protected
riparian buffer. All impacts and construction will be done outside Zone 1.
Note that the site plan may change as it moves through the Town of Cary approval process. We are requesting DWR approval of
the location of the footprint of the building with respect to the protected riparian buffer. Once the site plan is finalized, we can
provide that plan to DWR for your files upon request.
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed
restrictions or other hardships (e.g. zoning setbacks, floodplains, etc.).
The lot is relatively small (0.76 acres) with an existing parking lot and infrastructure, most notably underground stormwater
drainage to an existing bioretention area.
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
The lot is relatively small (0.76 acres) and is located on the corner of James Jackson Road and Darrington Road with an existing
doctor's office on the adjacent lot (Lot 7). All of these features have setback constraints which constricts the buildable portion of
the lot.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule.
The hardship was not created through any violation of the Neuse River Riparian Buffer rules. Written permission from DWQ was
obtained on July 17, 1997 for construction of James Jackson Road (DWQ Project Number 970326). The Division of Water
Quality issued written confirmation of the vested rights for this project on September 17, 1998 through a letter to Mr. Randy
Smith, Arbor Investments, LLC from Mr. John Dorney, DWQ (see attached). However, the applicant has been advised to pursue
this Minor Variance as an alternative approach for the allowance of this construction.
FORM! VAR 10-2013 Page 6 of 15

5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date
of the applicable Buffer Rule and then request a variance?
NO -7 the property was purchased on March 20, 1995 by SAS, then June lb, 1995 by SAS Arbor Investments, then December
30,1997 by Flora Development,
b, Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread.
The lot is located on the corner of James Jackson Road and Darrington Road with an existing doctor's office on the adjacent lot
(Lot 7). It and Lot 8 (partially occupied by the bioretention area) are the only remaining, undeveloped lots in the office park.
F. Deed Restrictions
By your signature in Section G of this application, you certify that all structural stormwater BMPs. required by this variance shall
be located in recorded drainage 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 be recorded prior to the sale of any lot.
G. Applicant's Certification
1, 4�r %Q • %\ t1 C*` (print or type name of person listed in Section A, Item 2), certify that
the information included on this permit applt tion form is correct, that the project will be constructed in conformance with the
approved plans and that the deed restrictions in accordance with Section F of this form will be recorded with all required permit
conditions.
Signature: —'"�-+ C. ,
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hate: _ !kms` � !
FORM: VAR 10-2013 Page 7 of 15

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FORM: VAR 10-2013 Page 8 of 15

FORM! VAR 10-2013 Page 9 of 15

fires
EB_]X Buffer Nliitigation Banks
Statement of Availability December 13, 2018
NC Division of Water Resources
Karen Higgins
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh. NC 27604
Re Project: Preston Walk, Lot 6
This document confirms that Karl Bladdev, President of Preston Develot3ment Co. agent ror Flora
Develooment LLC (Applicant) for the Preston Walk, Lot 6 (Project) has expressed aninterest to utilize
2,465 S uare Feet of Riparian Buffer Mfl ation Credits from one of the following banks, EBX-Neuse
I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank, or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific
bank sites that may be debited are Arrington Bridge I, Buffalo Branch, Sehna Mill, Cedar Grove, Hatley,
Ezell, Polecat, Hannah Bridge, Meadow Spring, and Stone Creek, all located in HUC 03020201. As the
official Bank Sponsor, EBX-Neuse I, LLC and EBX, attests to the fact that mitigation is available for
reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at cparker(&res.us if you have any questions or need additional information.
Best Regards,
Caidan B. Parker
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
Bank Sponsor —EBX-Neuse L LLC and Environmental Banc & Exchange (EBX)
Buffer Mitigation Credits Statement of Availability from Resource Environmental Solutions, LLC
FORM: VAR 10-2013 Page 10 of 15

Q
WAKE CCUNTY, NORTH CAROLINA - SHEET NUM119£R 66
Wake County Soil Survey Map
FORM: VAR 10-2013 Page 12 of 15

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STORMWATER CONTOL STRUCTURE
BIO -RETENTION MAINTENANCE AGREEMENT
PROJECT: PRESTON WALK OFFICE SPACE Site/Subdivision #
RESPONSIBLE PARTY: Preston Walk Association Inc. PHONE #: (919) 281 - 2351
ADDRESS: 100 Weston Estates Way
Cary, NC 27513
Monthly or after heavy rain events:
a. Remove debris from bio -retention area.
b. Bioretention area is draining within 2-5 days.
c. Inspect for ponding, washed-out areas, and soil conditions.
d. Check for eroded areas of bio -retention area and repair before next rainfall.
e. Check vegetation conditions within the bio -retention area and replace if necessary any damaged
plant materials.
Quarterly
a. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear
accumulated trash from basin grates, and basin bottoms, and check piping for obstructions.
b. Check inlet pipes for undercutting. Repair if necessary.
c. Repair any broken pipes.
d. Remulch any void areas by hand whenever needed with double shredded hardwood mulch.
e. Replace rip rap at inlet/outlet pipe that is choked with sediment and remove sediment in pipe.
III. Semi-Annualiy
a. Reseed grass Swale or border as needed.
b. Remove invasive vegetation.
c. Apply new mulch twice yearly.
IV General
a. All components of bio -retention area to be kept in working order.
b. This property and bio -retention area is also subject to the Operations and Maintenance Manual filed
in relation to this project.
c. In case the ownership of the impoundment Transfers, the current owner shall, within thirty (30) days
of transfer of ownership, notify the Town of Cary Water Resources Department, Stormwater
Division of such ownership transfer.
D. 1314ck1wy, hereby acknowledge that I am the financially responsible party for
maintenance of this impoun d t. I will perform the maintenance as outlined above, as part of the Certificate
of Compliance with Stormwater Regulations received for this project.
Signature:kms- �oQ�. 1� - Date:. Z- 12-110
1, 2,'Al� 2 -2-5 f- , a Notary Public for the State of , A , County of i Lkg1;
do hereby certify that i 1ACICL16 personally appeared before me thisday of
s, ' Cd,Ccknowledge due execution of the foregoing instrument. Witness my
hand an offi&Veal, OS,
Seal
— NOTARY My commission expires: 2-1'742
PUBLIC
Rev 112091
Stormwater Control Structure Bio -Retention Maintenance Agreement Signed
FORM: VAR 10-2013 Page 14 of 15

State of (forth Carolina
Department of Environment
and Natural resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, 5ecretarli
A. Preston Howard, Jr., PIZ-., Director
W UU[
NORTH CAROLINA DI=-PARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 17, 1998
Mr. Randy Smith
Arbor Investments, LLC
1005 Highhouse Road
Cary, NC 27513
Dear Mr. Smith:
Re: Neuse River buffer rules
Arbor investments, LLC: project
DWQ # 970326
Wake County
As we discussed at our naceting on September 14, 1998, DWQ has determined
that this project at Cary parkway and Maynard Road has vested rights for the Neuse
River buffer rules since DWQ issued a 401 Water Quality Certification For road crossings
for this project on July 17, 1997. As you are aware, an amended 401 Certification will be
required for the additional stream impact described in your June 1997 submittal including
a stormwater management pI,,m. However this additional impact will not jeopardize this
—vested status. _._._. _.. .
Please call me at 919-733-1786 if you have any questions.
• - S' cerelyi
� )"'(
Jo X
Da ey
cc: DWQ Raleigh Regional Office
Raleigh Field Office, U5 Army Corps of Engineers
Central Files
wedandV401 Unit 4401 Reedy Creek Road Raleigh, Nbdh Carolina 27607
Telephone 9t9-733-1756 FAX [phone]
An Equal Oppomrldty A[iln zdve Acdon Employer 30%recycla&l0% post eonramar paper
Vested Rights Letter from NCDENR: DWR written by John Dorney
FORM: VAR 10-2013 page 15 of 15